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Item N5 County of Monroe BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 Mayor Pro Tem Craig Cates,District 1 The Florida Keys ' Y � �F' Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting January 21, 2022 Agenda Item Number: N.5 Agenda Item Summary #10177 BULK ITEM: Yes DEPARTMENT: BOCC District 1 TIME APPROXIMATE: STAFF CONTACT: Amanda Leggett(305) 292-3400 N/A AGENDA ITEM WORDING: Approval of a resolution supporting enactment and approval of House Bill 1065/Senate Bill 1432 to facilitate a reduction in the number of derelict vessels in the waters of the Florida Keys and directing the Monroe County Marine Resources Office to pursue necessary steps to implement new moorings as required by law and to partner with the City of Key West in the effort to achieve implementation of additional moorings and associated local management. ITEM BACKGROUND: The resolution expresses the Commission's support for the goals of HB 1065 and SB 1432, which aims to reduce the number of derelict vessels and their associated impacts. The resolution also expresses the Commission's support for installation of at least 100 moorings within one (1)mile of the Key West Bight City Dock to address management needs in that area of the Keys. Finally, the resolution directs staff to pursue the necessary steps towards implementing the 100 new moorings required by law and to partner with the City of Key West to accomplish this goal. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: DOCUMENTATION: Draft Resolution HB 1065 -SB 1432 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Craig Cates Completed 01/20/2022 8:31 AM Bob Shillinger Completed 01/20/2022 8:45 AM Liz Yongue Completed 01/20/2022 9:37 AM Board of County Commissioners Pending 01/21/2022 9:00 AM 3f: 4 tir 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. -2022 10 11 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS SUPPORTING ENACTMENT AND APPROVAL OF 13 HOUSE BILL 1065 / SENATE BILL 1432 ("ANCHORING BILL") TO 14 FACILITATE A REDUCTION IN THE NUMBER OF DERELICT 15 VESSELS IN THE WATERS OF THE FLORIDA KEYS AND DIRECTING 16 THE MONROE COUNTY MARINE RESOURCES OFFICE TO PURSUE 17 NECESSARY STEPS TO IMPLEMENT NEW MOORINGS AS REQUIRED 18 BY LAW AND TO PARTNER WITH THE CITY OF KEY WEST IN THE 19 EFFORT TO ACHIEVE IMPLEMENTATION OF ADDITIONAL 20 MOORINGS AND ASSOCIATED LOCAL MANAGEMENT. 21 22 WHEREAS,the Board of County Commissioners of Monroe County, Florida(hereinafter 23 "BOCC", "Board", or"Monroe County") is the governing body of Monroe County, Florida; and 24 25 WHEREAS, the State of Florida has designated unincorporated Monroe County and the 26 City of Key West("City") as Areas of Critical State Concern; and 27 28 WHEREAS, the waters surrounding the Florida Keys are situated within the boundaries 29 of the Florida Keys National Marine Sanctuary and have, since July 26, 2001, been designated a 30 federal No Discharge Zone by the United States Environmental Protection Agency pursuant to 31 Title 40, Chapter I, Subchapter D,Part 140, Section 140.4(b)(1)(ii), as may be amended from time 32 to time; and 33 34 WHEREAS, the wise stewardship of our natural resources involves the protection of the 35 marine environment for generations to come; and 36 37 WHEREAS, Monroe County has the highest number of derelict vessels in the state, 38 creating significant navigational safety issues, environmental impacts, and unnecessary financial 39 burdens for the residents of and visitors to the Florida Keys; and 40 41 WHEREAS, in 2021, the Florida Legislature enacted Senate Bill 1086,presently codified 42 at Florida Statute Section 327.4108(3)(a), which provides for a 90-day time limit for vessels 43 anchored in waters of the Florida Keys so as to address long-term anchoring issues including but 44 not limited to neglect, storage and abandonment of vessels, which frequently lead(s) to vessels 45 becoming derelict; and 46 1 of 3 47 WHEREAS,Florida Statute Section 327.4108(3)(c)currently requires that 250 new public 48 mooring balls be placed within one(1)mile of the Key West Bight City Dock and for 50 additional 49 moorings to be placed within the existing Key West Garrison Bight Mooring Field before a new 50 such limit may be utilized and/or applied; and 51 52 WHEREAS, 300 new moorings are not appropriate in these locations due to insufficient 53 physical space and significant regulatory hurdles including but not limited to state and federal 54 permitting requirements, likely resulting in the inability to implement the above-referenced 90- 55 day anchoring time limit; and 56 57 WHEREAS, the City recently prohibited stored vessels from mooring in the Garrison 58 Bight Mooring Field,which will open up at least 30 existing moorings to local live-aboard vessels; 59 and 60 61 WHEREAS, in the 2022 session of the Florida Legislature, two bills, House Bill 62 1065/Senate Bill 1432, have been filed which propose lowering the number of required new 63 moorings to at least 100 in order to ensure the successful implementation of this 90-day anchoring 64 time limit; and 65 66 WHEREAS, the "2002 Keys-Wide Mooring Field System Preliminary Planning 67 Document",prepared by the professional staff of the Monroe County Planning and Environmental 68 Resources Department's Marine Resources Office, determined that the Wisteria Island/Fleming 69 Key anchorages in the vicinity of Key West Bight City Dock were the most problematic large 70 anchorages in dire need of management in the Florida Keys; and 71 72 WHEREAS, installation of a managed mooring field will reduce the number of derelict 73 vessels in the Florida Keys, ensure compliance with the federal Clean Vessel Act, minimize 74 benthic damage, and provide a safe and secure harbor for our local long-term live-aboard 75 community; and 76 77 WHEREAS, the BOCC desires to expeditiously move toward implementation of new 78 moorings within one (1) mile of the Key West Bight City Dock, and directs the professional staff 79 of the Planning and Environmental Resources Department's Marine Resources Office to begin the 80 necessary steps toward achieving such implementation, including professional evaluation of 81 mooring potential in the area by conducting a feasibility study including but not limited to benthic 82 resource surveys, water depth surveys, and regulatory guidance for the Board's further 83 consideration and input on subsequent steps toward implementation; and 84 85 WHEREAS, Monroe County desires to partner with the City of Key West in the effort to 86 achieve implementation of additional moorings and associated management in this location; 87 88 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 89 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 90 2of3 91 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of 92 legislative intent are true and correct and are hereby incorporated as if fully 93 stated herein. 94 95 Section 2. The BOCC strongly encourages legislative efforts to effectively and 96 expeditiously reduce the number of derelict vessels and their associated 97 impacts on our community. 98 99 Section 3. The BOCC supports the goals of HB 1065 /SB 1432 through the installation 100 of at least 100 moorings within one (1) mile of the Key West Bight City 101 Dock as an appropriate strategy to address the management needs in this 102 area. 103 104 Section 4. The BOCC directs the professional staff of the Planning and Environmental 105 Resources Department's Marine Resources Office to pursue the necessary 106 steps toward implementing the 100 new moorings required by law and to 107 partner with the City of Key West to accomplish this goal and associated 108 management in this location. 109 110 Section 5. The Clerk of Court for this Board shall furnish copies of this resolution to 111 state representative James "Jim" Mooney, state senator Ana Maria 112 Rodriguez, and Florida Fish and Wildlife Conservation Commission 113 commissioner Robert A. Spottswood, as soon as reasonably possible. 114 115 Section 6. This Resolution shall take effect immediately upon adoption. 116 117 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 118 Florida, at a regular meeting held on the 21 st day of January, 2022. 119 120 Mayor David Rice 121 Mayor Pro Tem Craig Cates 122 Commissioner Michelle Coldiron 123 County Commissioner District Three VACANT 124 Commissioner Holly Merrill Raschein 125 126 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 127 FLORIDA 128 129 By: 130 Mayor David Rice 131 (SEAL) 132 Attest: KEVIN MADOK, CLERK 133 134 135 136 AS DEPUTY CLERK 3 of 3