Item Q4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October, 17, 2012 Division: Growth Management
Bulk Item: Yes No X Department: Marine Resources Office
Staff Contact Person/Phone #: Richard Jones 289-2805
AGENDA ITEM WORDING:
A public hearing to consider adoption of an ordinance by the Board of County Commissioners amending
Chapter 26 of the Monroe County Code (Waterways) to provide for "Article V Anchoring and Mooring
Restricted Areas", in association with the Florida Fish and Wildlife Conservation Commission (FWC) Pilot
Program on anchoring and mooring.
ITEM BACKGROUND:
The Florida Legislature in 2009 approved F.S.327.4105 which directed the FWC to establish a Pilot Program
(Program) to explore options for regulating the anchoring or mooring of vessels outside of public mooring
fields. Monroe County (County) is one of five local governments in the State selected to participate in the
Program. As part of the Program requirements the County performed monthly vessel surveys from March 2010
through February 2011, followed by stakeholder workshops held June 7-9, 2011. In September 2011, staff
began development of an anchoring ordinance establishing anchoring and mooring restricted areas. The
ordinance was approved for transmittal to FWC by the BOCC at its July 26, 2012 meeting. The ordinance then
went before the FWC on Sept. 5, 2012 for approval in accordance with F.S. 327.4105. The FWC Commission
approved the County ordinance contingent upon deletion of the managed anchoring zone for Sunset Cove,
based on the lack of proximity of Sunset Cove to a public mooring field. The ordinance being presented to the
BOCC for adoption on October 17, 2012 reflects the language and maps approved by the BOCC on July 26,
2012 with the deletion of the Sunset Cove managed anchoring zone. Once adopted, staff anticipates developing
informational materials and installing signage for the implementation of the zones established in the ordinance.
FWC anticipates providing additional instruction to its officers in preparation for enforcement of the ordinance.
The proof of pumpout requirement will not be enforced until mobile pumpout service is available. If adopted
the ordinance will be effective through July 1, 2014 unless the Program is extended by the Florida Legislature,
in which case the ordinance shall be extended concurrently with the Program. Further, because this is a County
ordinance, the BOCC may rescind the ordinance through the public hearing process.
PREVIOUS RELEVANT BOCC ACTION:
October 2009- direction to submit a Letter of Interest to FWC to participate in the FWC Pilot Program.
March 2011- staff presentation updating BOCC on status of Pilot Program
August 2011- staff presentation on stakeholder workshops, recommendations for addressing anchoring issues,
and discussion of the Pilot Program timeline for ordinance development and approval
September 2011- direction to staff to draft an anchoring ordinance
May 2012- approval and direction to transmit anchoring ordinance to FWC
July 2012- approval of minor revisions to anchoring ordinance and transmit to FWC
September 2012- approval to advertise a public hearing to consider adoption of the anchoring ordinance
CONTRACT/AGREEMENT CHANGES:
N/A
Approval
TOTAL COST: n/a BUDGETED: Yes No.
DIFFERENTIAL OF LOCAL PREFERENCE.- n/a
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
-11-kIZ41141rcly: AGENDA ITEM #
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AN ORDINANCE BY THE MONROE1' BOARD 1
COUNTYii iNERS AMENDING CHAPTER 26
OF i ' iE COUNTY CODE"' 1
PROVIDE FOR "ARTICLE V ANCHORING AND
MOORING, 1 PROVIDING 1"
INCONSISTENTSEVERABILITY; PROVIDING FOR REPEAL OF
PROVISIONS; 1 PROVIDING 1' FILING
1 AN EFFECTIVE 1 PROVIDNG FOR
CODIFICATION; PROVIDING FOR EXPIRATION
DATE.
WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The
Boating Impacts Management Plan Final Report which documented liveaboard vessel
impacts associated with unmanaged anchorages throughout the Keys; and
WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a
Keys -Wide Mooring Field System Preliminary Planning Document which included an
evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key
Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area) and recognized
the need to address negative boating impacts associated with those unmanaged
anchorages; and
WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the
Development of a Boating Management Plan for the Boca Chica Harbor Area which
evaluated a variety of boating impacts in that anchorage area and provided options for
managing anchoring activity, but recognized the lack of authority (at that time) provided
to the County to regulate vessels other than liveaboard vessels; and
EREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife
Conservation Commission (FWC), in consultation with the Florida Department of
Environmental Protection, to establish a Pilot Program to explore potential options for
regulating the anchoring or mooring of non-liveaboard vessels outside the marked
boundaries of public mooring fields (327.4105 F.S.); and
1
47 WHEREAS, the goals of the Pilot Program are to encourage the establishment of
48 additional public mooring fields and to develop and test policies and regulatory regimes
49 that: promote the establishment and use of mooring fields, promote public access to
50 waters of the state, enhance navigational safety, protect maritime infrastructure, protect
51 marine environment, and deter improperly stored, abandoned or derelict vessels; and
52
53 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to
54 participate in the Pilot Program in partnership with the Cities of Marathon and Key West,
55 each of which operate public mooring fields; and
56
57 WHEREAS, the Monroe County Board of County Commissioners entered into Inter-
58 local Agreements with the Cities of Marathon and Key West on February 17, 2010
59 providing for coordinated partnerships in the FWC Pilot Program; and
60
61 WHEREAS, the Monroe County Marine Resources Office retained consultants to
62 complete vessel surveys inside and outside of public mooring fields at Key West and
63 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder
64 workshops to take public input on anchoring and mooring issues and potential regulatory
65 regimes, in accordance with the criteria of the FWC Pilot Program; and
66
67 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public
68 input provided at stakeholder workshops, and provided a recommendation to the FWC to
69 approve Monroe County for participation in the Pilot Program; and
70
71 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
72 five local governments in the state to participate in the Pilot Program, including St.
73 Petersburg, Sarasota, St. Augustine and Martin County; and
74
75 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe
76 County Board of County Commissioners held numerous public meetings from 2009 to
77 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring
78 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring
79 impacts; and
80
81 WHEREAS, the Monroe County Board of County Commissioners provided direction at
82 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for
83 managed anchoring zones with accompanying regulations, and to coordinate with the
84 Cities of Marathon and Key West for the inclusion of ordinance language providing for
85 anchoring regulations in association with their respective mooring fields; and
86
87 WHEREAS, at the September 21, 2011 Monroe County Board of County
88 Commissioners meeting the Board received a request from a representative of Wisteria
89 Island to have Key West harbor included as a managed anchoring zone, and the Board
90 approved the inclusion of that area as a managed anchoring zone; and
91
92 WHEREAS, the Monroe County Board of County Commissioners provided additional
93 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
94 managed anchoring zones, and revised the regulations for development to be applied
95 within those zones; and
96
97 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012
98 meeting accepted a request by the City of Marathon to include the greater Boot Key
99 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
100 directed staff to include a prohibition on vessels within managed anchoring zones that
101 exhibit conditions known to precede a derelict vessel condition, eliminate floating
102 structures language and eliminate USCG Auxiliary Vessel Safety Check language
103 pending a recommendation from the USCG; and
104
105 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012
106 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica
107 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring
108 zone to ensure the safety and security of the public; and
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110 WHEREAS, the Monroe County Board of County Commissioners has indicated that the
III anchoring ordinance should not be over -reaching and not overburden transient boaters;
112 and
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114 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to
115 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds
116 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds
117 through marine fuel taxes, to properly pumpout and comply with existing sewage
118 discharge regulations within the federal No Discharge Zone in the Keys, by providing
119 free pumpout service to vessels located in managed anchoring zones and which are
120 served by the County pumpout program; and
121
122 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
123 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated
124 areas of the Florida Keys and to provide for a registration process, with accompanying
125 participation stickers or tags to be displayed on vessels indicating proof of regular
126 pumpouts; and
127
128 WHEREAS, because the anchoring ordinance is a test program the Monroe County
129 Board of County Commissioners desires that vessel owners be provided warnings by
130 enforcement officers prior to the issuance of citations, to allow every opportunity for the
131 vessel owner to comply with the described regulations; and
132
133 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
134 and non-liveaboard vessels; and
135
136 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to
137 fully implement the agency's At Risk Program in designated managed anchoring zones as
K
138 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
139 condition; and
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141 WHEREAS, the regulations established in the anchoring ordinance are consistent with
142 the municipal codes of the City of Marathon and the City of Key West; and
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144 WHEREAS, the Monroe County Board of County Commissioners will transmit the
145 approved anchoring ordinance to FWC for consideration and approval prior to adoption
146 of the ordinance by the Board of County Conunissioners;
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150 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
151 OF COUNTY COMMISSIONERS:
152
153 Section 1. Chapter 26 of the Monroe County Code is amended as follows:
154
155 Chapter 26
156 WATERWAYS
157
158 ARTICLE V
159 ANCHORING AND MOORING RESTRICTED AREAS
160
161 Sec. 26-100. PgWose. It is the VqMose of this section of this Code to provide for
162 anchorine and moorina restricted areas where unrnana.eed anchorina and/or mooring- and
163 associated environmental and navigational-imi)acts exist, These areas and restrictions are.
164 created in accordance with F.S. � 327.4165-. and by gV12roval of the Florida Fish and
165 Wildlife Conservation Commission which has been directed by the Florida State
166 Leeislature to establish a Pilot Proerm to explore votential options for reeulating-the
167 anchorine or moonn-e of non-liveaboard vessels outside the marked boundaries of public
168 mooring fields. These restrictions are deemed to be necessga to protect the public
169 health, safety and welfare. These restrictions also include_Lhe regqlation-of liveaboard
170 vessels and floating structures, as provided for in F.S. § 327.60(3).
171
172 Sec. 26-101. Definitions.
173
174 Proof of pumpout means an acceptable form of proof that a vessel has had its vessel
175 sewne 2
le ally pumped out, or disposed of (in the case of a Porta-Potti or other vortable
176 toileg. AccepjAble forms of proof include a purnpoutregistration sticker or tag ssued by
177 the Cijy of Key West, City of Marathon or Monroe CojLnV pumpoq-programs indicatin
178 that the vessel receives routine pumpouts, or a pqMout receipt from a pumpout facili
179 (including portable toilet dump stations) or numpout vessel within the past ten (10) days.
180
181 Derelict Vessel means any vessel, as defined in F.S. § 327.02, that is left, stored, o
182 abandoned:
183 Ua In a wrecked, junked, or substantially dismantled condition upon any public
184 waters of this state.
2
232 includina the area occurring from Sisters Creek marker 4 at position 24'
233 41.35' N 810 05.26' W running east to the shoreline of Vaca Key at
234 position 240 41.43' N 810 04.93' W and running north along the shoreline
235 of Vaca Key and continuing to the west along the shoreline of Sombrero
236 Beach.
237
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326 (1) First offense
327 (2) Second offense-- 100
328 (3) Third offense- $250
329 (4) Fourth or subsequent offenses- $250 and FWC will request that the owner
330 remove the vessel from the Managed Anchoring Zone or No -Anchoring
331 Buffer Zone
332
333 Lb Any person who fails to properly respond to a Uniform Boating Citation issued
334 for a violation of this article shall, in, addition to the charge relating to the
335 violation of the boating laws of this County, be charged with the offense of failing
336 to respond to such citation and upon conviction be guilty of a misdemeanor of the
337 second degree punishable as provided in F.S. § 775.082 and F.S. § 775,083.
338
339 LcJ If a law enforcement officer determines that a vessel is derelict, the violation shall
340 be processed in accordance with F.S. 823.11
341
342 (4) Allowance shall be provided for vessels in need of safe harbor due to severe
343 weather conditions or temporary mechanical issues which may otherwise prohibit
344 a vessel from safely departing managed anchoring. zone.
345
346 See. 26-105. Exemptions. The following exemptions are provided:
W
349 La) Vessels eoui ed with only incinerating or composting toilets are not required to
350 provide proof of ppmpout, as those types of toilets are not designed to be pumped
351 out. However, effluent from those toilets is not allowed to be disposed of in the
352 waters of the No Discharge Zone within the Florida Keys.
353
354 (b) Stored vessels are not required to provide proof of 12uml2out.
355
356 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
357 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
358 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
359 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
360 clause, sentence, or provision immediately involved in the controversy in which such
361 judgment or decree shall be rendered.
362
363 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
364 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
365 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
366 any ordinance which has been repealed thereby.
367
368 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of
369 the Secretary of the State of Florida and shall become effective as provided by law.
370
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Sections 5. Codification. The provisions of this ordinance shall be included and
incorporated into the Code of Ordinances of Monroe County, Florida and shall be
numbered to conform with the uniform numbering system of the Code.
SecttQn 6� Expiration Date. The FWC Pilot Program is scheduled to expire on July
1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or
be extended concurrently with the FWC Pilot Program.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17th day of October, 2012.
Mayor David Rice
Mayor pro tens Kim Wigington
Commissioner George Neugent
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
LIM
E
Mayor David Rice
e - 17[-
Boca Chica Harbor
Attachment A- Maps of Managed Anchoring Zones
Attachment A- p.1
Key West Harbor
Attachment A- p.2
Boot Key Harbor
Attachment A- p.4