Item H1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Growth Management
Bulb Item: Yes X No Department: Marine Resources Office
Staff Contact Person/Phone 4. Richard Jones 289-2805
AGENDA ITEM WORDING:
Approval to advertise a public hearing to consider 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 is one of five local governments in the State selected to participate in the Program. As
part of the Program requirements Monroe 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 (attached). The ordinance is
scheduled to go before the FWC for approval, in accordance with F.S. 327.4105, at its September 5, 2012
meeting in Tampa, Florida. FWC staff has provided its recommendation (attached) to the FWC Commission to
approve the County ordinance contingent upon deletion of the managed anchoring zone for Sunset Cove. At
this point, staff has not eliminated Sunset Cove from the ordinance. Subsequent to approval by the FWC,
anticipated September 5, 2012, the ordinance must be adopted by the BOCC prior to implementation. Staff
anticipates holding a public hearing for adoption of the ordinance at the October BOCC meeting, and staff will
incorporate the final FWC change into that ordinance to be heard for adoption. 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
January 2012- direction to include in the ordinance four managed anchoring zones with three regulations.
May 2012- approval and direction to transmit anchoring ordinance to FWC
July 2012- approval of minor revisions to anchoring ordinance and transmit to FWC
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: n/a BUDGETED: Yes _ No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No
APPROVED BY: County Atty X
DOCUMENTATION: Included X
DISPOSITION:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required
AGENDA ITEM #
1
2
3�
4
5 :" 1
7
8
9 ORDINANCE NO. - 2012
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING CHAPTER 26
14 OF THE MONROE COUNTY CODE (WATERWAYS) TO
15 PROVIDE FOR "ARTICLE V ANCHORING AND
16 MOORING RESTRICTED AREAS"; PROVIDING FOR
17 SEVERABILITY; PROVIDING FOR REPEAL OF
18 INCONSISTENT PROVISIONS; PROVIDING FOR FILING
19 AND AN EFFECTIVE DATE; PROVIDNG FOR
20 CODIFICATION; PROVIDING FOR AN EXPIRATION
21 DATE.
22
23
24 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The
25 Boating Impacts Management Plan Final Report which documented liveaboard vessel
26 impacts associated with unmanaged anchorages throughout the Keys; and
27
28 WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a
29 Keys -Wide Mooring Field System Preliminary Planning Document which included an
30 evaluation of anchorages throughout the Keys including Sunset Cove, Boca Chica
31 Harbor, Cow Key Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area)
32 and recognized the need to address negative boating impacts associated with those
33 unmanaged anchorages; and
34
35 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the
36 Development of a Boating Management Plan for the Boca Chica Harbor Area which
37 evaluated a variety of boating impacts in that anchorage area and provided options for
38 managing anchoring activity, but recognized the lack of authority (at that time) provided
39 to the County to regulate vessels other than liveaboard vessels; and
40
41 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife
42 Conservation Commission (FWC), in consultation with the Florida Department of
43 Environmental Protection, to establish a Pilot Program to explore potential options for
44 regulating the anchoring or mooring of non-liveaboard vessels outside the marked
45 boundaries of public mooring fields (327.4105 F.S.); and
AA. . . . . . . ...... .. ..... ..... ...... .
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, during the stakeholder workshops residents in the Sunset Cove area
68 requested that the adjacent anchorage area be included in any potential regulations; and
69
70 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public
71 input provided at stakeholder workshops, and provided a recommendation to the FWC to
72 approve Monroe County for participation in the Pilot Program; and
73
74 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
75 five local governments in the state to participate in the Pilot Program, including St.
76 Petersburg, Sarasota, St. Augustine and Martin County; and
77
78 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe
79 County Board of County Commissioners held numerous public meetings from 2009 to
80 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring
81 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring
82 impacts; and
83
84 WHEREAS, the Monroe County Board of County Commissioners provided direction at
85 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for
86 managed anchoring zones with accompanying regulations, and to coordinate with the
87 Cities of Marathon and Key West for the inclusion of ordinance language providing for
88 anchoring regulations in association with their respective mooring fields; and
89
90 WHEREAS, at the September 21, 2011 Monroe County Board of County
91 Commissioners meeting the Board received a request from a representative of Wisteria
0
92 Island to have Key West harbor included as a managed anchoring zone, and the Board
93 approved the inclusion of that area as a managed anchoring zone; and
94
95 WHEREAS, the Monroe County Board of County Commissioners provided additional
96 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
97 managed anchoring zones, and revised the regulations for development to be applied
98 within those zones; and
99
100 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012
101 meeting accepted a request by the City of Marathon to include the greater Boot Key
102 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
103 directed staff to include a prohibition on vessels within managed anchoring zones that
104 exhibit conditions known to precede a derelict vessel condition, eliminate floating
105 structures language and eliminate USCG Auxiliary Vessel Safety Check language
106 pending a recommendation from the USCG; and
107
108 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012
109 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica
110 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring
111 zone to ensure the safety and security of the public; and
112
113 WHEREAS, the Monroe County Board of County Commissioners has indicated that the
114 anchoring ordinance should not be over -reaching and not overburden transient boaters;
115 and
116
117 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to
118 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds
119 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds
120 through marine fuel taxes, to properly pumpout and comply with existing sewage
121 discharge regulations within the federal No Discharge Zone in the Keys, by providing
122 free pumpout service to vessels located in managed anchoring zones and which are
123 served by the County pumpout program; and
124
125 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
126 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated
127 areas of the Florida Keys and to provide for a registration process, with accompanying
128 participation stickers or tags to be displayed on vessels indicating proof of regular
129 pumpouts; and
130
131 WHEREAS, because the anchoring ordinance is a test program the Monroe County
132 Board of County Commissioners desires that vessel owners be provided warnings by
133 enforcement officers prior to the issuance of citations, to allow every opportunity for the
134 vessel owner to comply with the described regulations; and
135
136 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
1.3 7_..__. and non-liveaboard vessels; and _
3
138
139 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to
140 fully implement the agency's At Risk Program in designated managed anchoring zones as
141 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
142 condition; and
143
144 WHEREAS, the regulations established in the anchoring ordinance are consistent with
145 the municipal codes of the City of Marathon and the City of Key West; and
146
147 WHEREAS, the Monroe County Board of County Commissioners will transmit the
148 approved anchoring ordinance to FWC for consideration and approval prior to adoption
149 of the ordinance by the Board of County Commissioners;
150
151
152
153 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
154 OF COUNTY COMMISSIONERS:
155
156 Section I. Chapter 26 of the Monroe County Code is amended as follows:
157
158 Chapter 26
159 WATERWAYS
160
161 ARTICLE V
162 ANCHORING AND MOORING RESTRICTED AREAS
163
164 Sec.26-100. Purpose. It is the pumose of this „section of this Code to provide for
165 anchorin and moorimz restricted areas where unmana ed anchoring and/or mooring and
166 associated environmental and navigational impacts exist. These areas and restrictions are
167 created in accordance with F.S. 327.4105 and by gporoval of the Florida Fish and
168 Wildlife Conservation Commission which has been directed by the Florida State
169 Legislature to establish a Pilot Program to explore potential o tions for re ulatin the
170 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public
171 mooring fields. These restrictions are deemed to be necessary to protect the public
172 health safet and welfare. These restrictions also include the regulation of liveaboard
173 vessels and floating structures asrovided for in F.S. 327.60(3).
174
175 See.26-101. Definitions.
176
177 Proof of pumpout means an acceptable form of proof that a vessel has had its vessel
178 sewage legally pumped out, or disposed of (in the case of a Porta-Potti or other portable
179 toilet). Acceptable forms of proof include a purnpout registration sticker or tag issued b
180 the City of Key West City of Marathon or Monroe Collply.pqmpout programs indicating
181 that the vessel receives routine pumpouts, or a p=out receipt from a pumpout facility
182(including ortable toilet dum-p stations or pumpout. vessel within the past ten 10 days.
L
184 Derelict Vessel means an vessel as defined in F.S. § 327.02 that is left stored or
185 abandoned:
186 (a) In a wrecked, junked, or substantially dismantled condition upon any public
187 waters of this state.
188 (b) At any port in this state without the consent of the agency having jurisdiction
189 thereof.
190 c) Docked or grounded at or beached upon the property of another wit
hout the...,___
191 consent of the owner of the property
192
1934 Sec. 26-102. Anchoring and Mooring Restricted Areas.
195 (a) Managed Anchoring Zones. Managed Anchoring Zones are established for the
196 purpose of protecting the marine environment, enhancing navigational safety, and
t v --
197 deterring improperly stored, abandoned, or.,derelict vessels. Managed Anchoring
198 Zones are created as a tool to regulate anchoring activity in currently unmanaged
199 anchorages.
200
201 (1) Managed Anchoring Zones shall be established in the following described
202 geographic areas Maps delineating the Managed Anchoring Zones are
203 attached hereto as Attachment A and are incorporated herein by reference and
204 will be made available in the Marine Resources Office.
205
206 a. Boca Chica Basin: To include the body of water occurring between Stock
207 Island and Boca Chica Key (excluding the Navy Accident Potential Zone
208(APZ),restricted areas and bay bottom south of U.S. Highway 1 west of
209 the western edge of the are of the NAS Key West Accident Potential Zone
210 (APZ), west of a line intersecting the APZ at 24° 34.10' N 81 ° 43.35' W
° nth of a. line running
211 and running south to 24 33.63 N 81 43.35 W, south ..........-.__.___._
212 east -west from 24° 33.63' N 81 ° 43.35' W to 240 33.63' N 810 43.15' W.
213 west of the western ed e of Boca Chica Channel running southwest from
214 240 33.63' N 810 43.15' W to 24° 33.45' N 810 43.24' W north of latitude
215 24° 33.45' N (approximately_ at the location of Boca. Chica. Channel
216 marker 7), east of a line rennin north-northwest from, 24° 33.45' N 81 °
217 43.38' W to 24° 33,82' N 81° 43.46' W and continuing along the Stock
218 Island shoreline.
219 b. Sunset Cove: To include the body of water in Buttonwood Sound
220 occurring southeast of the Intracoastal waterway and bounded by the Key
221 Largo shoreline.
222 c. Key West Harbor: To include the body of water occurring west of
223 Fleming Key and Key West(excluding Navy restricted areas south of a
224 line running east -west at latitude 24 ° 35.19' N, east of a line running from.
225 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset
226 Key), and north of a line running east -west at latitude 240 33.84, N.
227 d. Cow Key Channel: To include the body of water occurring between Key
228 West and Stock Island, south of U.S. Highway 1, and north of a line
° N ( roximately at ..,,,...
229 running east -west at latitude 24 33.44' W_ apt, _._. the location
230 of Cow Key Channel marker 5).
231 e. Boot Key Harbor: To include the area of Boot Key Harbor (excluding the
232 permitted public mooring field and No -Anchoring Buffer Zone) occurring
233 south of the Vaca Key shoreline _east of Boot Key Harbor main channel
234 entrance marker 7 located at position 24' 42.13' N 81 ° 06.84' W north of
235 the Boot Key shoreline and west of the far eastern side of Boot Key
236 Harbor at position 24' 42.54' N 81' 04.99' W and including the entirety
237 of Sisters Creek south to marker 4 at the entrance of Sisters Creek and
238 includin�Lfh_e_area occurring from Sisters Creek marker 4,at position 240
239 41 35' N 810 05.26' W rumning east to the shoreline of Vaca Key
240 position 24' 41.43' N 81 ° 04.93' W„and running north along the shoreline
241 of Vaca Key and continuing to the west along the shoreline of Sombrero
242 Beach,
243
244
(2) The following regulations shall apply within Mana ed Anchorin Zones:
245
246
a. Prohibitionof vessels exhibiting pre -derelict vessel conditions. Vessels
--
247
_ .,..
determined to exhibit conditions known to precede aa derelict vessel
248
condition are prohibited, including_
249
1) Vessel is not able to be used for navigation.
250
2) Vessel is listing.
251
3) Vessel is a rg ound•
252
4) Vessel is in danger of breaking its mooring.
253
5) Vessel is sinking.
254
6) Vessel is dragging anchor.
255
7) Vessel has broken its mooring and has been secured for the protection
256
of the health, safety and welfare of the citizens.
257
b. Prohibition of derelict vessels. Vessels determined to be derelict in
258
accordance with F.S. 823.11 are prohibited.
259
c. Proof of pumpout required. Vessels anchored or„moored for more than ten
260
(10) consecutive days, and which are required to have a marine sanitation
261
device in accordance with F.S. 327.53 must provide proof of pumpout.
262
Vessel owners may.utilize a pumpout service which may be provided b
263
the Cijy . . .... of Key West, City of Marathon, MonroeCounty pumpout , .,...,,..__
264
programs or other authorized vessel pumpout facility or vendor. The
265
municipal and County pumpout services are „structured to provide ongoing
266
pumpouts for vessels located within managed anchoring zones, and maX
267
provide a registration process by which vessel owners sign up for regular
268
pLiMouts at a frequency based on anticipated need with a minimum of
269
one pumpout per month. A monthly, color coded registration sticker or
70
tag made .m
provided which vessel owners may dis lay on theirvessel,, „
p „
271
.�
indicating participation in the municipal or County pumpout program, and
272
which will be considered proof of pumpout. The „municipal and/or County
273 pumpout programs shall maintain re istration documentation and pompout
274 logs throughout the duration of the Pilot Program, which shall be available
275 for review by law enforcement officer. If a vessel owner utilizes
276 another vessel pumpout provider the vessel owner is required to maintain
277 documentation and puMpout logs to demonstrate use of pumpout to FWC,
278 MCSO or other law enforcement officers.
279
280 (b) No-AnehoringBBuffer Zones. No -Anchoring Buffer Zones are established outside
281 of, and immediately adjacent to, permitted public mooring fields for the pgmose
282 of protecting maritime infrastructure, enhancing navigational safety and
283 promoting public access and the use of public moorinjz fields.
284
285 (1) No -Anchoring Buffer Zones shall be established in the following described
286 geographic areas. Maps delineating the No Anchoring Zones are attached
287 hereto as Attachment B, and are incon2orated herein by reference and will be
288 made available in the Marine Resources Office.
289
290 a. Boot Key Harbor: To include a fifty foot 50' wide area immediate)
291 adjacent to and outside of the jocrimeter of the east and west moorin
292 fields and the leased anchoringarea.
rea.
293 b. Sea lane Basin: To include the area of Garrison Bight known as the
294 Seaplane Basin occurring north of the Key West shoreline, east of the
295 Fleming Key shoreline, south of a line running east -west 50' north of the
296 Garrison Bight mooring field boundary „markers C and D, and west of
297 Sigsbee Parr.
298 c. Boca Chica Basin: To include the body of water occurring between Stock
299 Island and Boca Chica Key (,excluding Navy restricted areas) south of
300 U.S. Highway 1, east of the western edge of the arc of the NAS,Key West, ____
301 APZ east of a line intersecting..the Navy APZ at 24' 34.10' N 81' 43,35'
302 W and running south to 24' 33.63' N 81' 43.35' W, north of a line
303 running east -west from 241 33.63' N 810 43.35' W to 240 33.63' N 81'
304 43.15' W, and west of the western edge of Boca Chica Channel and the
305 Navy restricted area (which includes Boca Chica Channel and the Navy
306 mooring field basin).
307
308 (2) The following regulations shall aDDly within No -Anchoring Buffer Zones:
mt
310 No anchoring or mooring of any kind (vessels or floating structures) excep
311 for vessels mooring within established permitted public mooring fields by
312 ermission of the mooring field owner or manager, vessels within a leased
313 anchoring area associated with a mooring field commercial vessels (e.g.
314 barges) engaged in marine related work,.militqa operations, vessels anchored
315 for the pMose of fishing.or other recreational activities but not overnight,
316 or _in the case of an emergency (e.g. weather, mechanical, medical) causing the
317 need for a vessel to temporarily anchor.
318
319 Sec. 26-103. Enforcement. Revulations described in this Article may be enforced by law
320 enforcement officers of the Citv of Marathon or Citv of Kev West (within their areas of
321 jurisdiction), Monroe Couptj or FWC or any other law enforcement officer.
322
323..... _...... Sec. 26-104....Penalties.
324
325 (a) Any person cited for a violation of this article shall be charged with a noncriminal
326 infraction A written warning shall be issued to provide the vessel owner 30 days
327 for corrective action or removal of the vessel. If corrective action or removal is
328 not accomplished, a Uniform Boating Citation may be issued for violations of this
329 ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to
provided - --
330 issue such citations. Vessel owners will be p,,, , „ thirty (30) days between
331 issuance of citations. Fines associated with citations are established as follows:
332 (1) First offense- $50
333 (2) Second offense- $100
334 (3) Third offense- $250
335 ,q (4 Fourthor subsequent offenses- 250 and FWC will request that the owner
336 remove the vessel from the Managed Anchoring Zone or No -Anchoring'
337 Buffer Zone
338
339 (b) Any person who fails to properly respond to a Uniform Boating Citation issued
340 for a violation of this article shall in addition to the charge relatina to the
341 violation of the boating laws of this County, be charged with the offense of failing
342 to res and to such citation and upon conviction be guifty of a misdemeanor of the
343 second degree punishable as provided in F.S. § 775.082 and F.S. 775.083.„
344
345 (c) If a law enforcement officer determines that a vessel is derelict the violation shall
346 be processed in accordance.with ,F..S. § 823.11
347
348 (d) Allowance _shall be provided for vessels in need of safe harbor due to severe
349 weather conditions or temporqa mechanical issues which mqy otherwise prohibit
350 a vessel from safely departing a managed anchoringzone.
one.
351
335552 Sec. 26-105. Exem tions. The following exemptions areprovided:
35�
355 (a) Vessels equipped with only.incinerating or composting toilets are not required to
356 provide proof of piMout, as those types of toilets are not designed to be pumped
357 out. However, effluent from those toilets is not allowed to be disposed of in the
358 waters of the No Discharge Zone within the Florida Kew
359
360 (b) Stored vessels are not required to provide proof of pumpout.
361
362 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
363 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
364 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
365 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
366 clause, sentence, or provision immediately involved in the controversy in which such
367 judgment or decree shall be rendered.
368
369 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
370 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
any ordinance which has been repealed thereby.
Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of
the Secretary of the State of Florida and shall become effective as provided by law.
Section 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.
Section 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 day of 12012.
Mayor
Mayor pro tem
Commissioner
Commissioner
Commissioner
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
LIM
Deputy Clerk
0
MONKQ� COUNTY AITORNEY
AP R VEn AS i0 FORM
z�
Date:
FWC RECOMMENDATION
Staff recognizes the challenges of reaching consensus on an ordinance such as that
proposed by Monroe County, and their proposal is not based on full consensus of the
interested parties. Anchoring ordinances have historically been contentious and it is
this lack of "common ground" that led to the creation of the Pilot Program. We do note
the use of Managed Anchoring Zones as an example of exploring the regulatory options
allowed by the statute.
We believe Monroe County has met the requirements for public input and involvement,
has given proper consideration to the input received, and their proposed ordinance is a
reasonable attempt to meet the statutory standards for the Pilot Program within their
specific geographic location.
Staff understands the Sunset Cove provision was originally added to the ordinance due
to the amount of public comment received from residents during the public meeting
held in Key Largo June 7th, 2011. Unfortunately, Sunset Cove is 45-50 miles from the
Marathon mooring field and the Key West mooring field is another 45-50 miles. These
were the mooring fields identified as part of Monroe County's original application
package for the pilot program. There is also strong opposition from the boater groups
on this provision. Staff's recommendation is made in order to meet our statutory
mandate to "...explore potential options for regulating the anchoring or,mooring.of
non -live -aboard vessels outside the marked boundaries of public mooring fields." Staff
recommends the approval of the ordinance contingent upon Sunset Cove Managed
Anchorage Zone provision be removed.
LN