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Item S2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 18 December 2002 Division: Growth Management Bulk Item: Yes ---X-. No Department Marine Resources AGENDA ITEM WORDING: A public hearing to adopt an ordinance to impose a Monroe County Vessel Registration Fee pursuant to Section 328.66. ITEM BACKGROUND: Florida Statutes 328.66 allows Counties to impose an additional vessel registration fee of up to 50 percent of the amount ofnonnal boat registration fees paid to the state as defined in Section 328.72, F.S. At the same time the statute requires that $1.00 of the additional fees must be paid into the state Manatee Trust Fund. For recreational vessels under 26 feet in length, the amount of the boat registration fee paid to the state is $18.50. Thus, this ordinance would impose an additional $9.25 for each vessel of this class registered in Monroe County. One dollar of this amount would be paid to the Manatee Trust fund, leaving the County with $8.25. The estimated total amount of funds generated through this ordinance is approximately $294,000. Fees will be utilized for making water quality improvements or other actions allowed under the Statute related to boating activity. PREVIOUS RELEVANT BOCC ACTION: 21 November 2002 - approval to advertise adoption of ordinance CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS; Approval TOTAL COST: None BUDGETED: Yes No COST TO COUNTY: None REVENUE PRODUCING: Yes ---X-. No AMOUNT Per Month Year $294.000 APPROVED BY: County Atty ---X-. Risk Management rowth Manageme t DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ---X-. To Follow _ Not Required DISPOSITION: AGENDA ITEM NO.: (~/ BC021210 11/25/02 1 :27 PM Marine Resources ORDINANCE NO -2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. PURSUANT TO SEC. 328.66. F.S.. IMPOSING A MONROE COUNTY VESSEL REGISTRATION FEE; PROVIDING FOR THE AMOUNTS OF THE VESSEL REGISTRATION FEE; PROVIDING FOR THE COLLECTION OF THE VESSEL REGISTRATION FEE BY THE MONROE COUNTY TAX COLLECTOR; PROVIDING FOR THE PURPOSES FOR WHICH THE VESSEL REGISTRATION FEE MAY BE SPENT; PROVIDING THAT THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAY ENTER INTO INTERLOCAL AGREEMENTS WITH THE MONROE COUNTY MUNICIPALITIES FOR THE DISTRIBUTION OF THE VESSEL REGISTRATION FEE AMONG THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE MUNICIPALITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE. WHEREAS. Monroe County. the Florida Keys contains one of the longest shorelines in the State of Florida; and WHEREAS. the waters surrounding the Florida Keys contain extensive and valuable shallow water resources worthy of protection; and WHEREAS. boating activity in the Florida Keys is extensive, with over 25.000 registered vessels and an unknown, but comparably large number of out-of-County boaters; and WHEREAS. it is the County's desire to protect its shallow marine resources and to provide for safe access of boaters to waters of the County and for safe passage of boaters through the waters of the County; and WHEREAS. Sec. 328.66, F.S., allows Counties to levy a County vessel registration fee in addition to those described in 328.72. F.S. WHEREAS. the revenue generated by a County vessel registration fee could be used to support the No Discharge Zone in the state waters of the County to provide funds for vessel mooring fields and additional pump-out facilities; or to support other boater related projects involving water quality improvements; or to support other boating improvements such as channel marking, regulatory zones, and boating access areas; now. therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Imoosition of County annual vessel reGistration fee. a.) Pursuant to Sec. 328.66( 1), Monroe County hereby imposes an annual registration fee on vessels registered, operated or stored in the water within Monroe County, Florida. The fee shall be fifty (50%) percent of the applicable state registration fee. However, the first One ($1.00) Dollar of every County registration fee imposed pursuant to this ordinance shall be remitted to the state for deposit in the Save the Manatee Trust Fund created within the Fish and Wildlife Conservation Commission. b.) As authorized by Part II, Chapter 328, F.S., the Monroe County Tax Collector shall collect the County annual vessel registration fee imposed by this ordinance and remit the fees to the County and the state as provided by law. Provided, however, the Tax Collector shall not be required to collect the County annual vessel registration until three (3) months after the effective date of this Ordinance. Section 2. Use of the County annual vessel reGistration fee. The County annual vessel registration fee may be used for any purpose authorized by law. Section 3. County authorized to enter into interlocal aGreements with municioalities for distribution of fees. Pursuant to Sec. 328.66(2), F.S., the Monroe County Board of County Commissioners is authorized to enter into interlocal agreements with any of the various municipalities within the County for the distribution of the proceeds of the County annual vessel registration fee between or among the County and a municipality or municipalities according to any formula the parties may agree upon. However, the interlocal agreement or agreements may not provide for the expenditure of the County annual vessel registration fee on any purpose not authorized by law. Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this ordinance shall be included and incorporated in Chapter 5.5 as Article VI of the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 7. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _ day of ,2002. Mayor Dixie Spehar Mayor Pro T em Murray E. Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman APPROVED AS TO FORM ~~^; BY Attorney's Office ,~.;;"-: -....~.":'I;'-~..'~."....,.,..... MEMORANDUM Deoartment of Marine Re30urces 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Voice: (305) 289 2507 FAX: (305) 289 2536 Emai1: 28ITettlZ@mail.state.fl.us or lZarrettlZeo@hotmail.com Board of County Commissioners Mayor Dixie Spehar, Dm. 1 Mayor Pro Tern Murray Nelson, Dist. 5 Commissioner George Neugent, Dist. 2 Commissioner Charles "Sonny" McCoy, Dist. 3 Commissioner David Rice, Dist. 4 DATE: 10 December, 2002 TO: Board of County Commissioners FROM: George Garrett, Director of Marine Resources SUBJECT: Monroe County Vessel Registration Fee Ordinance INTRODUCTION The Board of Commissioners has requested staff to advertise an Ordinance that would increase the Boater Registration fees as allowed under Section 328.66 Florida Statutes. The basis for this request is two fold. First, with the creation of a No Discharge Zone within the State waters of the Florida Keys National Marine Sanctuary, additional boat registration fees would provide for the development of pump-out facilities and boat waste haul-out in Monroe County. Second, Boating Improvement Funds derived from existing boat registration fees, are largely utilized in the coarse of a year. With two additional municipalities and three existing cities, each with marine related project requests, the limits of the Boating Improvement Fund are being stretched. Staff recommends that the Commission adopt the attached Ordinance. The Ordinance will add an additional 50% of the State's portion of the Boat Registration fee to County revenues under Section 328.72, F.S. Revenue projections, based on 2001, indicate that approximately $294,000 would be generated. BACKGROUND BC021211.doc 12/06/02 5:06 PM There are two principle issues that make adoption of a boater registration fee ordinance appropriate at this time. First, the establishment of a No Discharge Zone within the State waters of the Florida Keys Marine Sanctuary has created need for additional means to provide or augment pump-out services. Second, reasonable demands on the Boating Improvement Fund are exceeding the annual revenue generated currently. No Discharge Zone Effective 19 June 2002, the state waters of the Florida Keys National Marine Sanctuary became a federal No Discharge Zone. There has been broad support for the establishment of a Discharge Zone. By Resolution, all jurisdictions in the Florida Keys supported the adoption of the No Discharge Zone regulations. On behalf of the Keys, the Governor's office then requested that the U.S. Environmental Protection Agency adopt a No Discharge Zone within the State waters of the Florida Keys National Marine Sanctuary. The No Discharge Zone regulations are specific that no vessel may discharge within the state waters of the Sanctuary. They are non-specific as to how to accomplish this. Thus, no specific requirements exist for the use of particular types of wastewater holding facilities on boats. However, the most logical and practical solution is to provide adequate pump-out facilities throughout the County so that compliance with the requirements of the No Discharge Zone regulations is easy for the average boater with waste handling facilities. The Clean Vessel Act funding program provides for the development of pump-out type facilities throughout the state. It is administered by the Florida Department of Environmental Protection. The program is very flexible in providing funds for the installation and/or improvement of pump-out services. However, it limits the cost of pump-outs to five dollars ($5.00) per pump-out. A number of assessments indicate the actual cost of providing these services in the Keys exceeds fifteen dollars ($15.00) per pump-out. Most of the additional cost associated with pump-out practices in Monroe County is attributable to the cost of hauling out pumped-out sewage. Haul out costs run about 20 cents per gallon depending on location in the Keys. Thus, staff and other agencies have been looking at ways to reduce the cost of such services. This can be accomplished in a number of ways, purchase of pump-out facilities for County or other government properties, funding the haul-out, or adding pump-out capabilities to existing treatment plant collection systems (such as in Key West or Key Colony Beach) . 2 The option being considered by staff is the use of funds that can be made available through Chapter 328.66, Florida Statutes. Through this Statute, the Commission is able to adopt an ordinance that would provide up to an additional fifty percent (50%) of the amount returned to the State for each boat registration fee accepted by the County. In general the Commission could focus its attention on using the funds to make water quality improvements related to boating activities. For other components of the No Discharge Zone implementation, the state and the federal government, as well as other granting entities, have provided significant dollars to the County, primarily for public outreach efforts and the development of mooring fields. In addition, the same statute that establishes the source and regulations for use of Boating Improvement Funds guides use of these funds. As such, these funds can also be utilized to complete additional boating improvement projects, such as boat ramps, channel markers, or regulatory zones. Boating Access and Safety Boating access or safety related projects throughout the County and its municipalities are expanding. In previous years, the Boating Improvement Fund was under spent. In the past several years, the Boating Improvement Fund has been largely expended each year, with little rollover. For instance in FY 2002, the County received approximately $273,000 and expended approximately $250,000. Based on project current project priorities within the cities and the unincorporated area, staff has determined that the County would clearly exceed available funds if all requests were honored. Attached for the Board's review is a spreadsheet which provides funding projections based on calendar year 2001 boat registrations in Monroe County. The estimated funds made available as a result of establishing an ordinance predicated on Chapter 328.66, F.S., is approximately $294,000. We suggest that the funds be focused on boating related projects that serve to create water quality improvements in the first two to three years. RECOMMENDATIONS: Approval of proposed Ordinance 3 Monroe County Comm. Meeting MGC S-')..., Dec. 18,2002 Again we hear the old cry that the real purpose is for near shore water quality improvements. The 250 thousand plus boaters in Monroe county are asked to increase their registration fee by 50% or $9.50. At least 95% of the 250 thousand boaters do not use mooring fields or pump out service. Private industry is in the pump out business and there is no need for the county to get in it. People bringing registered boats into the keys from other counties are not being charged this increase. Twenty years ago it was established that anchoring is a navigation right. Again you are trying to take that right away for more and more government control. Next year I will receive $13.00 for my COLA increase and you want to take $9.50 of that for registration of one boat. We want smaller government not a larger one. f/- T P ~ H T. Pontin ,// FKNMS MEETING 17 OCT 2000 MARATHON FL. FROM CHAIRMAN CHANNEL MARKING COMMITTEE WARREN JOHNSON POB 2322 KW FL 33045-2322 305 872 3440 (h) 305 296 7653 (w) Dear Members and Staff, I submit to the record the following eighteen pages regarding channel marking and the various issues. There have been no meetings held, as pertinent information, has not been supplied. What has been supplied to you, has been as a result of trying to extract, costs $$$, liability and jurisdictional questions, that remain unanswered. Please pay attention to the Propeller Club minutes of meetings enclosed dating 12 March 1998, regarding the specific question of liability to Mr.Jones, note the answer at that time. Then as a reply, to again ask dollars,liability to county taxpayers, which Mr. Jones stated at the March meeting , he would check. In an effort to relieve myself of dogged pursuit of the costs, the Propeller Club Key West sent a letter to Mr .Roberts, from the outgoing president and new president (17 July 2000). To my recollection Mr. Jones response to the club on liability (no copy avail) was to ask Mr.Hendricks?? If you review the list of working groups, and find "Channel Marking" for the advisory council, you will see that Mr. Jones is co-staff member? Meaning= I cannot get an answer from a member of the working group?? And as you review the material provided the questions have been asked for quite some time as my letters reflect and minutes prove. The Marine Resources Department, either, do not know the answers, or bring doubt upon themselves, if the answers are not provided clearly by them, concise and to the point. I hope you realize that the "servants information becomes meeting. the frustration, by the writer, on an issue of the public" refuse to answer. If more available, I will present it at the December S'.~ cc; prop club kw / fknms / county commsnrs/county admin roberts. EC: That is against the Jones Act. But, ships come here because we are simply a "port of call". Plus, if we did allow cruiseships to discharge passengers here, we'ed have to upgrade airport to fly them home. W.J.: (unclear) : I move that foreign flag vessels be allowed to carry passengers in coastwise trade in U.s. waters, providing that the route is not already served by us Flag vessels. (BA 2nds, ALL = " AYE" WJ: National dealt with this, but they took no stand, esp if the differential in crew pay goes to escrow. EC: Well, that would shut down cruise ships here. They wouldn't need KW as a port of call anymore! DP: I recommend HT. and EC research this issue, and report back later. Now, here's our guest speaker... Richard Jones: I run the County's program to mark channels, and to reduce prop. scar damage (slides). I've surveyed most of the Keys. At least 30,000 acres of seagrass have been damaged by propellers. We will be installing more channel markers, and better maintaining existing ones, to improve navigation (GIVES DETAILS, CONCLUDES TO APPLAUSE). *, H.T.P: The USCG should be doing the markers, not ih~ CoUnty. Plus, we need more, not less prop scars. The scars improve water [fow and circulation. As to County maintaining markers, have you checked int the liability issues involved? . RJ: No, but I'll check with Legal. \ CWO Carlson: I ran USCG aids to navigation/marker program in Tampa Bay, now I'll do it here. The I County will be solely liable for any markers it installs (as is USCG for its markers). ~ DP: We need a committee to nominate club officers. I appoint E.c. and H.T. P. to do this for 3/98 meet. WJ: I move we adjourn (2nd=all), [meeting ends at 1330]. Submitted 12 March 1998 ~~ /hct Edward J. Little Jr., Secretary{Treasurer - _':. "_'~_h "._<_ ___... ~ PRO?EtLER CLUB OF U.S. Port :;f ;<.~'J West p.o. Bo::< 6503 Key 'Nest, FL. 33041 ~.- ;(?'~;:i:-'::~\ \, .~l . - -. - .:-'j ~. .' -.. ,-. ." ,'~ ......-=-.:- . ..... 'I"::7"::~_______- :::.;;:.-:-:. ;z.,,,-__ ........____-- -,. . .;.-.:.:.-~, ,...---- ------ ....~_.. - --....---- . _.-:..._~----- ---- Warren Johnson P. O. Box 2322 Key West, FL 33045- -2322 W Ul I C'l I JUI II J.)VI I P.o. Oox 2J22 I~ey West Florida J.:C45 (,))5) '296-765J 'l;~ P -rl-;\ 6. qi INFORMATION ON AIDS TO NAVIGATION FROM KEY LARGO TO DRY TORTUGAS 20 APRIL 1999 it L.jC.I UO The Uni ted Sea tes Coast Guard I Group Key West I Hara thon / '.... Islarnorada. The USCG a""~ tasked to maintain the following in this area; 280 day beacons 126 lighted beacons (night blinkers) <"'-....... " 61 buoys 5 major reef lights (racon beacons installed) Monroe County Taxpayers (same area): 240 day beacons *86* day beacons down since George(s)* 200 day beaco!!s to be installed according to HC which will total 440 day beacons original 750 daybeacons proposed). master (down plan from '" I Note*' It is the USCG that determines where and when markers"" .of any kind are needed through a Wate!r Management An:llysis System (WAMS). Costs of maintaining and upkeep ~f markers is available from Group Key West. The liabili ty to all tax~ayers (County) is NOT limited to just lOOK (per markerJ limi ta tlons (mari time) bu t on a case by case on placement and neglect (care) of markers parties own (p=ivate!public). Most counties,cities and/or" private agencies getting approval to place/own markers, relatively speaking OWN a handful of markers appro'ied by USCG (mandatory). The "master plan" fror.: MC marine resources division reauests omore day beacons (ligheec and not lighte~) than the USCG has in the area. '. 9''' PROPELLER CLUBo/d~dekt-&J .' TO PROMOTE. FURTHER AND SUPPORT i _ . AN AMERICAN MERCHANT MARINE. TO AID THE DEVELOPMENT OF RIVER GREAT LAKES AND HARBOR IMPROVEME~TS PORT OF KEY WEST # 154 P O. BOX 6603 KEY WEST, FLORIDA 33040 CHARTERED AUGUST 22. 1973 17 July 2000 Mr. James 1. Roberts, County Administrator Monroe County B.O.C.C. 5100 Junior College Road Key West, FL 33040 Dear Mr. Roberts: The Propeller Club of the Port of Key West is a local chapter of a nationally based maritime trades action group and forum. We have long tried to stay infornled about the County's initiative for additional channel markers (and other aids to navigation or regulatory measures) in Keys waters. And, we have long been concerned that the agency \\ith the most expertise in approving, installing, and maintaining such aids and in enforcing regulations, that is the U.S. Coast Guard, seems not to be involved as the principal agent in carrying out the County's initiative. Don't get us \\'Tong. We understand that local governments should, in some special, limited, circumstances, make their waters safer, and less prone to boating impacts. But, the scale and scope of what we hear the County plans to do concerns us. We know that the Coast Guard already has at least 280 daybeacons and 126 lighted beacons to maintain in the Keys. That makes a total of 406 (not including buoys and reef lights). Yet the County plan calls for maintaining all 240 existing County owned beacons plus installing another 200 beacons. The County would have to develop or fund infrastructure that surpasses the best that the Coast Guard can field. What \..ill this cost the County (for installation and for continued maintenance)? Where \vilI the money come from? It would seem that the hands-on involvement of the Coast Guard with the County's initiative would be a good way to reduce project costs, and to minimize duplication of effort. Ne:-..'t, \ve are concerned that if the County does get into an expanded level of marking channels (or with involvement in other navigational initiatives), it may also expand the County's exposure to lawsuits or other liability. As we understand it, those that suffer marine casualties as the result of missing or damaged markers (or even just "bad" advice), can sue to recover damages. A 100 % operational senice level would be difficult to achieve for all County markers in nonnal conditions, not to mention in the aftennath of a major hurricane. Thus, we seek assessment and clarification by you regarding any increased level of liability exposure (including total dollar value) the County would incur by virtue of the existing markers, and proposed plans for additional markers. The presently unresolved nature of the various costs to the Public that the County's involvement with navigational matters involves, has prompted the Club (via a resolution at our meeting of 6/21) to ask you to consider transferring the County's involvement in the "channel marking business" to the Coast Guard, or at the very least, suspend that involvement until ''ie have had time to comment on your response to the infonnation we have requested. Sincerelv. i./ ~ ~~~~~ Capt. Finbar Gittleman, Propeller Club President 1999-200-0 Capt. Sean Rowley. Propeller Club President 2000-2001 County of Monroe Deoartment of Marine Resources 2798 Overseas Highway, Suite 420 Marathon. Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 Board of County Commissioners Mayor Shirley Freernm. Disl. 3 Mayor Pro Tern George Neugem. Disl. 2 Wilhelmina Harvey. Dist. I Commissioner Nora Williams. Disl. 4 Commissioner Mary Kay Reich. Disl. 5 August 22, 2000 :. Propeller Club of the United States Port of Key West #154 P.O. Box 6603 Key West, FL 33040 Dear Capt. Gittleman and Capt. Rowley:'''-- Thank you for your 17 July 2000 inquiry regarding Monroe County's role in channel marking in the Florida Keys. It is important that concerned citizens understand the projects the Department of Marine Resources is involved with, and what services we provide to the boating community. The County has maintained Aids to Navigation (ATONS) for over fifteen years in the nearshore waters of the Keys. In the past this service has been directed by Extension Services as well as Community Services. In the early 1990's citizens of the County recognized the need to use channel marking as a management tool to help minimize propeller scaning in seagrass beds. This concern was included in the Sanctuary Management Plan, and was designated as the 'Channel/Reef Marking Action Plan'. This plan assigned the research and implementation of the project to the Monroe County Department of Marine Resources (DNIR). In 1996 the BOCC had the DNIR move ahead with the development of a channel marking master plan. In 1997 intensive field surveys were conducted by DNIR staff and recommendations were made for channel marking, as outlined in the 'Channel Marking Master Plan for the Florida Keys'. Many of the 348 markers recommended for installation fall within federally or privately maintained channels. Recommendations were given to the USCG, who will use the information to upgrade their systems as they see fit (the USCG has been involved throughout the master plan process and have stated that they will reference the master plan when they conduct their Waterway Analysis and Management Study for improvements in federal channels). The County plays an increasingly important role in maintaining marked channels throughout the Keys. The USCG has historically been tasked with routing commercial traffic throughout the coastal waters of the United States. In the Keys the USCG maintains all A TONS for the Intracoastal Waterway, Hawk Channel, and the reef line. In addition, the USCG also maintains the primary crossing channels (Channel 5, Snake Creek, and Moser Channel). Private individuals, such as marina or condo owners, maintain private A TONS to help boaters into their businesses or developments. The County fills in the gaps by marking channels which are heavily used by recreational boaters, but do not fall within the objectives of the USCG. This system of federal, county, and private markers is utilized throughout the state. In fact, several counties in Florida maintain more than 400 A TONS. The USCG relies heavily on the counties doing their September 19, 2000 To: From: Re: 1. 2. 3. 4. 5. Commissioner George Neugent Richard Jones, Marine Resources Planner Questions concerning the County Aids to Navigation System What is the number of aids to navigation the County owns? The County owns 238 markers as of today. How many have been given to private parties? We have transferred markers to other government agencies where the markers are within their jurisdictional boundaries: John Pennekamp- 6 Lignumvitae Park- 18 City of Lay ton- 3 City of Key Colony Beach- 9 We also have transferred 7 markers to the Tamarac Park Property Owners Association at their request. Those markers were installed years ago with an agreement that the POA would do all maintenance on the markers. The POA earlier this year requested to take over the markers so that they may make changes and additions to that marked channel. What is the status of downed markers from hurricanes and other storms? All damage from the Ground Hog Day storm and Hurricane Georges have long been corrected. There are only 3 markers down from Hurricane Irene in County waters that are yet to be repaired. Those piles should be replaced within the next month. (Hurricane repairs take longer than any others, unfortunately, due to policies and procedures involving FEMA and going through the BOCC for approvals. I am currently working on streamlining this process.) What are the costs of installing downed markers? Generally in the neighborhood of $1300-1500 for piling, signs, and hardware. Since the beginning of the County plan of 750 markers, what does the plan reflect now as the number of aids desired? The number 750 was never used. We never planned to put in that many markers. The Propeller Club has always been confused on this point. In the master plan I stated that around 500 markers were recommended (so they incorrectly added 500 to our existing 250). However, less than half of those markers recommended are within County channels. The remaining recommended markers are for the USCG to choose to install in their channels at their discretion. Currently, we are looking at approximately 180 markers to be installed by the County. 6. What has been the overall costs, to the taxpayers, for the County plan? A grant paid for the costs of the Channel Marking Master Plan to be produced. Boating Improvement Funds pays for all our channel markers. A grant paid for our boat. There is no significant costs of any kind to County tax payers (from ad valorem taxes) for the County Aids to Navigation System. 7. Does the County plan to install and maintain any markers for the Sanctuary? No. About fifteen years ago the County installed markers on the reef line off of Key Largo for the Sanctuary. We are in the process of handing those markers back over to the Sanctuary. 8. Will the County taxpayer have liability for the FKNMS aids? This is a moot point, as the County will no longer have any FKNMS aids. 9. If 22,000 boats are registered in the Keys, has this been a consideration in placing 84,0000 taxpayers to be liable for the enjoyment of 25 % of the residents? It is important to remember that more than just the 22,000 registered Keys boaters benefit from the County's Aids to Navigation System. All boaters, including tourists, reap the benefits of channel markers, and most citizens reap the benefits of tourism. However, if there is a law suit all the County citizens will pay for the settlement. You should contact the County Attorneys Office regarding how this will work. It is my understanding that there is a limit on any lawsuit in Monroe County. Also, please realize that almost every County in Florida provides channel markers to it's citizens. That service is more important in the Keys than anywhere else in the state, considering the nature of the bottom here and the need to provide aids to navigation. This is no different than all the taxpayers paying for street signs, even though not all citizens drive cars. 10. \Vould this practice attract more boating tourists to the waters of the Keys? Tourists and all non-locals rely heavily on the Aids to Navigation System throughout the waters of the Keys. If not for the County, there would be numerous unmarked channels in the Keys where the USCG does not have an objective to mark. Increasing numbers of boaters have made it imperative to expand channel marking in the Keys to take a more comprehensive approach by improving navigational safety and protecting the adjacent shallow water resources. This is the reason why the Sanctuary created the channel marking action plan and the Department of Marine Resources has taken the lead role in that objective. This project to create the Channel Marking Master Plan was approved by the BOCC in the early 1990's and was fully supported by the public. ~ (? . . part to help provide navigational aids for the general recreational public. All entities, whether county or public, must go through the same permitting process as the USCG. The Florida Fish and Wildlife Conservation Commission (FWC) ensures that all permitted markers meet the requirements of the Florida Uniform WateIWay Marking System. Now that the County DMR has qualified permanent staff to oversee the implementation of ATONS in the Keys, the County ATONS system has become a comprehensive system- from design to installation. We now have channel markers that are built with the highest quality materials which prolong the life of the marker and are designed to better withstand storm events. Our A TONS system, along with a variety of other marine resource data, is part of our Geographic Information System (GIS) which allows us to provide spatially related database information to other government agencies. The FWC is considering using the County's newly designed markers as the standard for t~e private ATONS throughout Florida. '--'-- - --, In regard to your concerns of liability, the County Attorneys Office has on several occasionQ stated that the County is aware of, and accepts the liability for, the County marking system. In regard to funding, installations and repairs are funded from Boating Improvement Funds, as well as a variety of grants. If you have any further questions please do not hesitate to call. Sincerely; . l J /.' ./--- Richard Jones Marine Resources Planner cc: Mr. James Roberts, Monroe County Administrator Mr. Timothy McGarry, Monroe County Growth Management Director Mr. Joseph Embres, USCG Warren Johnson, Propeller Club Monroe County Marine Resources 1. What is the number of aids to navigation the county owns? 2. How many have been given to private parties? 3. What is the status of "downed markers" from hurricanes and other storms, since the county plans beginning? 4. Costs of installing the downed markers? 5. Since the beginning of the county plan of 750 markers, what is the plan reflect now as the number of aids desired? 6. What has been the overall costs, to the taxpayers, for this county plan ?~-- 7. Does the county plan to install and maintain any markers/ buoys for the FKNM Sanctuary? 8. Will the county taxpayer have liability for the FKNMS aids? 9. If @22,000 boats are registered in the Keys, assuming they are "taxpayers", has this been a consideration in placing @84,000 "taxpayers" to be liable for the "enjoyment" of @ 25% residents? Meaning for the "few" not the majority? 10. Would this practice attract more boating "tourists" to the waters of the Keys? WAJ9800 To: Richard Jones 6 Oct 2000 Marine Resources planner Monroe County Marathon Gov't Center 305 289 2805 T 289 2536 F Subject: County Aids to Navigation System dated 19 Sept.2000. Dear Mr.Jones, At this time, I would like to "thank you" for some numbers and informa tion regarding my inquiry to your "navigation system". As you know, I have been active in obtaining the "numbers" of markers and costs to the taxpayer since my conversation with you and Mr.Garretts, at a meeting in March 1998, the same meet- you presented your letter concerning millions of dollars being spent potentially for this "system". Question five (5) conveys an alleged inquiry about the number 750 markers, which was presented to MPAC, which, as I recall, you did not attend. You furthur state a comment about the Propeller Club being "confused". I do take issue with this, as my inquiry to Commissioner Nugent, was related to Propeller Club, nor presented as such. It was presented to you, Mr.Jones, on no letterhead and in fact, an inquiry by myself, as the "chairman" of the "channel marking committee" for the sanctuary advisory committee. I had been asking for information from the USCG and Monroe County, on certain actions you had taken for some time. Needless to say, you partially provided information, at your convenience, which I am sure you can understand, would add to any confusion you may have on issues. The question before the "house", as has been my task to "find out", is "What are the costs to the county taxpayers for your program?". This means dollars $$$, if there are NONE, as you allege in your answers for upkeep and Maintenance, state NONE, Mr.Jones. Surely, this program is not FREE, is it? According to you there are @238 markers owned by the county taxpayers, the USCG states 247 (Embres). Your letter reflects another 180 markers to be "placed" in the county taxpayer's hands, meaning @ 418 markers will be the burden of county taxpayer. As provided at previous "meetings" !. attend, with you present, the USCG maintains @ 426 markers from Key Largo to Dry Tortugas. The county taxpayer will OWN and MAINTAIN 8 markers less than the USCG, which has "their hands full" with their "operations of money and manpower and equipment. Does the county plan to have a Monroe County Coast Guard? What will these costs be to the taxpayer in addition to what the NUMBERS are already? I look forward to a quick response before 17 october, for an upcoming meeting. Regards, Warren Johnson taxpayer POB 2322 KW FL 33045-2322 County of Monroe Department of Marine Resources 2798 Overseas Highway. Suite 420 Marathon. Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 Board of County Commissioners Mayor Shirley Freeman. Dist. 3 Mayor Pro Tern George Neugent. Dist. 2 Wilhelmina Harvey, Dist. 1 Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, Dist. 5 October 10, 2000 Warren Johnson P.O. Box 2322 Key West, FL 33045-2322 Dear Mr. Johnson: I received your inquiry, via fax, dated 6 October 2000 regarding the County's channel marking program. I would very much like to clear up any misunderstandings regarding the County's role with channel marking. As I stated in my 22 August 2000 letter to the Propeller Club, the channel marking program was approved by the BOCC in the mid 1990's. We have had the full support of the County, the Sanctuary, and the US Coast Guard. As the channel marking program progressed the Department of Marine Resources held numerous meetings to discuss the objectives of improving navigation and minimizing propeller scaning throughout the Keys. At this time we are only carrying out the tasks assigned to our department by the BOCC. ? ~ Please do not compare only numbers of aids in regards to County vs. USCG. The USCG maintains numerous lights and light towers throughout the Keys. The County maintains no lights, only daybeacons. So, our initial costs, maintenance, and liability are not comparable with the USCG. As I have stated before, the USCG supports Monroe County, as well as other Counties, doing their part in providing A TONS for the recreational boating public. As far as costs to the citizens, I explained before that installations and maintenance costs come out of Boating Improvement Funds. The only costs that I am aware of to the tax payers is salary for the time that Marine Resources Department staff puts into the design, contracting, and surveying of our marker system. I expect there to be no increase in staff time with the implementation of markers indicated in the 'Channel Marking Master Plan for the Florida Keys'. After implementation is completed there will be no more time used for design, which frees up time for surveying. To answer your question about a County coast guard, no we do not have plans to create a Monroe County Coast Guard. I hope that after my recent presentation to the Sanctuary Advisory Council, and several letters to both yourself and the. Propeller Club, that you now have all the facts concerning the County's. role in the channel marking in the Florida Keys. - Sincerely, ~-- RiCIfard Jones Marine Resources Planner Mr.R.Jones Planner Dept Marine Resources Monroe County 305 289 2805 305 289 2536 F 14 Oct 2000 subject: Non responsive answer to inquiry/ your letter dated 10 Oct 2000. Dear Mr.Jones, It is obvious to me, that no answer is forthcoming to : a) the costs to the county taxpayers for your "navigation system" or channel marking program. b) the liability incurred by the county (taxpayers). (including FKNMS markers that have been on the "local" county taxpayers burden, instead of a "national" burden as a national treasure)? c) the jurisdictional and question if the county has the authority to place markers, which have been placed 5-7 miles "out". The "history" you state in both your letters (10 Oct/1 9 Sept) on the USCG role and other historical rhetoric, is refreshing. However, as a member and current or past officer of two maritime organizations and as the president of the Lower Keys Property Owners Organization (which you made a presentation @two yrs ago), as a planner,as a servant to the public, you should have an anwer to the costs,liability and jurisdictional problems to the public. I have written to Keith Douglas,George Garretts, George Neugent and yourself on this issue (as you are aware) for no less than three years. Your letter of March 199a presented at MPAC, stated the fact of "favors" and the costs of tens of thousands of dollars to the County? Currently I serve voluntarily on the FKNMS as a vice-chair, chairman -'of the "channel marking" group. Information that has been asked for, but not given by your department, hinders progress to people and organization members, that ask me, what I have been presenting for @ three years to the county? Draw your own conclusions as to the non responsive answers I have received from your department. Certainly the questions deserve a definite answer for the county taxpayers burden to COSTS (incl maint&equip), county jurisdiction and taxpayer liability in case of loss of life or inj ury per marker that is owned. In closing Mr.Jones, I invite you to attend the following: 1. Lower Keys Property Owners Association meeting Nov 6,2000 Bogie Rd, BPK @ 6 pm to 8 pm, to give an explanation. 2. Propeller Club, noon at Perry's Key West 15 Nov 2000. 3. FKNMS meeting 17 Oct or the Dec 2000 meeting. Please call and confirm if you plan to attend meetings. I was hoping to have answers, the numbers and dollars, from your depart men t to present at these meetings. Hopefully, I can relay to all that a telephone call or fax, asking the same questions to your office, may bring better results than I have been able to determine. Please "make it costs, liability of Monroe County in your letters. perfectly clear" that this or jurisdictional problem and that this is a "free" program is at no to the taxpayers program as alleged Regards, Warren Johnson POB 2322 KW FL 33045-2322 305 872 3440 (h) CCi commissioners roberts fknms orgs encl" letters WAJ9/8/00 jones 9/19/00 WAJ10/6/00 jones 10/10/00 LKPOA FKNMS PROP RKYC Board of County Commissionen Mayor Wilhelmina Harvey. Dist. I Mayor Pro Tem Shirley Freeman. Disc. J Commissioner George Neugent, Dist. 2 Commissioner Nora Williams. Dist. 4 Commissioner Mat)' ~ay Reich. Disr. 5 \ \Jounty ot Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon. Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-25]6 IVlonroe March 26, 1999 To: Marine and Port Advisory Committee From: Richard Jones, Channel Marking Planner Re: Channel marking and regulatory ~king projects Recently it has become apparent that past and future channel marking/regulatory marking projects need to be looked at on a comprehenSive scale, rather than piece meal projects, in respect to the significance of the projects as far as County responsibilities and objectives are concerned. 1 have had numerous inquiries in the last six months from residents and/or property ovmers associations in locations where theCQunty has installed either channel markers, regulatory markers, or both. Typically the citizens feel that the channels leading into their development or the perimeter canal need additional markers. Relying on the knowledge { have acquired from my numerous surveys throughout the Keys, I have observed that there are hundreds of residential areas that have dredged approach channels leading into them, sometimes with a dredged perimeter canal surrounding the area. These channels and canaIs were dredged decades ago by developers. 1J:1ese channels are neitherownc:..d ~.v~ '< I!...or maintained by the County. Historically. the residents in these areas would often mark the .,J 110'-- entrances or boundaries with unpermitted markers, typically PVC. [n the last ten years some . residents, resort owners, marina owners, etc., have approached the County to ask if the COWlty could please help them by installing and maintaining markers at the CountY's expense. Most recently these types of projects have gone through the MP AC- some have been approved, others have not. Currently the County has markers of this type at Duck Key, Hammer Point., Layton Channel, Ninety-Seventh Street Channel, Ramrod Key Channel, Summerland Key Channel, Tarnarac Park Channel, Upper Matecwnbe West Channel, and Windley Key ChanneL What I want to point out is that there are many more subdivisions/associations that could or would approach the County asking for assistance if they knew we do this sort of thin&: Currentlv ~ it costs the County tens of thousands of dollars to install and maintain these markers. {[we were to implement markers at all the sites in the Ke s that could use the~ it would cost in the millions ,of dollar2- However, the pro em t we are having at thiS time is more markers are being requested in some of the:"private channels that we have currently marked. In fact, s<>mc people have actually requested that the County dredge-their approach channels further out to deeper water! The perception appears to be that it is the County's responsibility to properly mark private channels (what started out as a faVOT h}l..lhe.Department of Marine Resour~es is now considered. by some as a responsibility and that we owe it to them). In some cases, the personls requesting the markers use the environment (seagrass beds, etc.) as their purpose for request,. when really (upon funher investigation by our department) the motive appears to be self servmg- as in the case of a resort owner having the County establish a marked channelle<"ding into the resort. r have already discussed with the MP AC members my push for relinquishing ownership of some ,of the County marked areas~ore appropriate entities. I have been fairly successful at this so tar, tor example: Bonefish Bay, Port Largo, Reefline markers off Key Largo, Ohio Key Channel. and a few others. However, after the County has installed markers leading into a pri~ate area it is often ~ifficult to convince the homeovmer' s associ~tion. (or other appropriat:"( entHy) that we would I1ke to hand the markers over to them. ti,-. \.,..)\0...'-\ '0-"_ \'^- ~ b~.:>..-.J t::-S~ .. 5 .J" rz... Now that we have a comprehensive channel marking plan for the County we have described the ~ t:.., objectives for marking, the criteria, and we have indicated those areas that meet those criteria. ~/C.i( C. ." ,< ~' Basically we, want to try to mark areas that: 1) need markers to help minimize propeller damage:) \ '0 C U,I ."i(} 2) need modIfications to eXIstIng marker chains to Improve naVIgatIon. and; J) most Importantly? ~ ./ ~those areas that serve all the boating publi.....c (not just homeovmers or businesses in a subdivision).) This jfvery important to acknowledge thai-Boating Improvement Funds are used for the populace, and not a select group of individuals. In many areas of the Keys residents have installed their own permitted markers. It is not fair to those peo Ie that install their own markers, or people in other areas that have no markers t the County continues to prov, e mar ers that only serve small subdivislons~ Now that w': have a comprehensive marking plan and statt to Implement the plan and oversee these pro.iects we must ensure that funding and marker tnstallations are used appropriately. We only have so much funding. and it is critical that we use " the funds in the most cost effective manor which best serves the public. 5e~ iTEfI e f-r...ct' c..w...'o - .- \ )......:JA"I i 'lCl'"1 ~ 3 I The Department of Marine Resources feels it is not a responsibility of the County or any other agency to mark private channels and canal systems any longer. The MP AC needs to acknowledge and address this concern. Only by making some decisions and policies regarding this matter will I be able. with authority, to ten people (in certain situations) that the County is not responsible for marking or adding markers to their private channels. We want to be able to use funding to implement marking systems that benefit all the citizens of the ~, t~s, and cruising boaters aLike. This means marking nearshore areas, through channels, an~ improvil~g existing systems, and harbors that are used by everyone. ) --- Please take the time to think this matter over. This issue wiH be added to the April MP AC meeting agenda. r will be available to discuss the matter. . ~ ----..:--. \ 51,{ PROPELLER CLUB o/d LtiJa;-ed -,. PORT OF KEY WEST '1 S4 P.O. BOX 6603 KEY WEST, FLORIDA 33040 CHARTERED AUGUST 22, 1973 TO PROMOTE. FURTHER AHD SUPPORT AH AMERICAN MERCHANT M...RINE . TO AIO THE CEVELOPl.cENT OF RIVER, CRCAT LAKES AHD HARBOR IMPROVEMENTS '.. 12 January 1997 3.1 ~ groundings and navigational hazards The Sanctuary was initia~~d to preclude reef damage by offshore vessels and mineral extrac~ion, from the Keys. a. Keep the areas to be avoided, as they stand. b. Increase lighthouse and marker intensities, and re-establish color sectors (lights). Install "Racon" beacons. c. Coastal buoys with "Racon" beacons installed at areas to be avoided. d. International Maritime Organization (London) re-establish ships traffic separation. e. Local County Issue: Day Beacons 1. Reinstall day beacons for narrow passages through the islands that were removed in the 1980's. 2. Continue to use boating fund income to maintain and improve channel marking. 3. Routes through narrow passages be marked to avoid groundings of small local fishing vessels. f. Proposed boundaries: Water area involved; defined as one mile offshore and inshore from the offshore edge of the reef. g. Government Agencies involved; Federal and State. Local county government for item (e.):' h. Funding; Fines from ships groundings and oil spills. Redirection of "Sanctuary" funds already in place. Boating improvement funds. i. Results; Reduced damage to the reef, from ships groundings, oil spills, ships collisions at sea and loss of life. Warren Johnson P.O. Oox 2.322 I<.ey West Ronda .J.J045 (.J05) 296-765.3 872 3440 (h) 12 August 1998 Subject: Liability of Monroe County/Taxpayers for markers & daybeacons. Mr.Douglass, :., After attending several port and transit (county) meetings since the fall of 1997, my specific issue was the markers and the liability and costs to the taxpayer( see lttr dtd Feb 18 1998 PROPELLER CLUB in your file). I received a letter from G.Garretts about relationships and working together etc., but no answers as to the liability and costs"to the county taxpayers? Example; If a storm hits the keys and 20% (150 daybeacons) are damaged and down, is the county liable for replacement? How long does the county have to replace the downed/damaged markers? What procedure is used and what agency designates when these markers /beacons should be "in place". Mr. Garretts stated "he" (county?) has all the time "he" needs to replace these markers or beacons (Aug 98 meeting/Marathon). If Home Associations put in markers/beacons, who will be respons- ible, the county taxpayer or the association?? If these markers are NOT replaced wi thin a certain time frame, what is the cost to the taxpayer of Monroe County? Mr. pokorski states that the Federal Government will pay for damaged markers under FEMA? Is this a true statement? If it is, why are they not paying for them now? The County Commissioners have been informed about this issue for some time, please answer the COST /LIABILITY ISSUE TO THE TAXPAYERS OF MONROE COUNTY for this logistical nightmare that has been chosen to undertake meaning the upkeep and maintenance and costs to the taxpayers once these markers are in place. Example: If a county owned/permitted marker/beacon replaced in a reasonable amount of time and a mariner or loss. of life occurs, what are the ramifications of instance? is not is hurt such an I attended these meetings to take issue with the intent to inform the county and port/transit, only to find that it is considered interference 'Nith information provided. Please respond to these important issues. 70 my /(.ecof.f.ecLi..on , t.he t.i4..ot. t.ime I .opoke t.o t.he count.y on "ma/(.ke/(..o", t.he count.y pLanned pn 750 ma/(.ke/(..o!! I add/(.e.o.oed t.hi.o at. a flPAC meet.ing in eit.he/(. 'jp/(.....ng ot. 1997 0/(.1998. I a.6ked to/(. a copy ot t.he minut.e.o ot. t.hat. meet.ing, and neve/(. /(.eceived them. I am .ou/(.e you can acce.o.o t.he "pu!Lic /(.eco/(.dW. I add/(.e,j.oed t.he "doLLa/(./j" and maint.ain 750 ma/(.ke/(..o. aa.d aL1J 0 Log i.o t.i C.o ....-........ -- o t. t/(.ying to own At. .ou!.oequeni meet.ing.o in 1998 & 1999, i1.. wa.o evident. !y the "ove/(.ma/(.king" ot. t.he uppe/(. K.ey.o, t.hat. NO PRIORI7IeS we/(.e given t.o "LocaL" t.i.oh.e/(.man !y ma/(.king NARROW PASSAqeS 7H.ROUqH.OU7 7H.e K.eijS. 7hi.o wouLd in.ou/(.e p/(.udent. ma/(.ine/(..o vi.oi!iLi1..y t.h/(.ough t.he pa.o.oage.o t.hey aL/(.eady t./(.an.oi1.. daiLy/weekLy. At. t.he Ap/(.iL and flay 1999 mee1..ing, I p/(.ovided t.he int.o/(.mation t.hat t.he uscq maint.ain.o ~06 "day!eacon.o" o/(. 6ma/(.ke/(..o" which 126 a/(.e "Lighted" t.o/(. night t.ime navigat.ion. 7he "a/(.ea" ot. the.oe ~06 ma/(.ke/(..o a/(.e t./(.om K.ey La/(.go t.o D/(.y 70/(.t.uga.o. 7he uscq admit.o to t.he f.o gi'5ticaL nightma/(.e and t.hei/(. Lack ot. men, money and equipm2nt., not. onLy t.o in.ot.aLL and maint.ain the "ma/(.ke/(..o". AL.oo add,r.e.o.oed wa.o t.he "/(.e.opon.oe" ot not. onLy t.he County, &.ut. aL.o 0 t.he US cq 0 n /(.epai/(.in g" " ma/(.ke/(..o " at.t.e/(. .0 to /(.m,j / hu/(./(.i cane,j . tV 0 into/(.mation wa.o p/(.o vided !y eithe/(. agency t.o my inqui/(.ie'5, a.o to ma/(.ke/(..o 6down" and when t.hey wouLd ge /(.epLaced. 7he K.eith DougLa.o.o Let.te/(. wa.o neve/(. /(.e.o~onded to, and at. a flPAC meeting, I pe/(..oonaLLy add/(.e.o.oed fl/(.. DougLa.o.o, a,5 to why he had not. an.owe/(.ed my Let.1..e/(. /(.ega/(.ding ma/(.ke/(..o, he ment.ioned that he /(.eceive.o "thou.oand.o". ot. ,juch f.et.t.e/7..o pe/(. day, and couf.d not an.owe/(. t.hem aLL. H.e aL.oo .ougge.oted t.hat. I add/(.e,M t.he Let.te/(. to "Keit.h", not. fl/(.. DougLa.o.o (pe/(..oonaL view). In my v.i.ew, the County ha.6 taken on a g/(.eat /(.e,jpon.o.i.&.if.ity, without thought to the t.ax:paye/(..o. 7he upkeep and maintenance .i.n the t.utu/(.e, i.o ove/(.wheLming. A &.ott.omf.e.o.6 p.i..t... 7he lKNf'1S pf.acing the &.u/(.den on flONROe COUN71j 7AXPAijD?S i.6 yet, anothv'.. twi.6t to the muf.ti t.aceted i.6.oue. Wa/(./(.en "WW" John.oon 305 872 3440 POB 2322