Okaloosa County BOCC — August 4, 2015 — Public Hearing Request - Vessel Exclusion Zone — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 4, 2015 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Public Hearing Request - Vessel Exclusion Zone DEPARTMENT: County Administrator BCC DISTRICT: 2,5 STATEMENT OF ISSUE: The Board previously directed staff to prepare and bring to the Board a proposed Ordinance which would create a Vessel Exclusion Zone in the Crab Island Area. After meeting representatives of various stakeholder groups, a proposed ordinance has been prepared and is brought to the Board for authorization to schedule a public hearing for its consideration. BACKGROUND AND ANALYSIS: The Board previously enacted Ordinance No. 96-11, which established a “Restricted Area” for the water bodies known as Destin Harbor, East Pass, and Sandpiper Cove citing the necessity to protect the public safety due to vessel traffic congestion, obstructed visibility, and the potential of boating accidents. There is a high volume of boat and vessel traffic within this Restricted Area, along with many individuals using the area for their recreational purposes (“Water Recreational Activities”). As a result of this high volume of Water Recreational Activities, there are limitations on the ability of agencies to access the area to provide medical care, law enforcement services or such other emergency services to protect the public health, safety, and welfare. County staff has met with representatives of various Federal, State and local entities to assist in development of a Vessel Exclusion Zone so that emergency vessels and other vehicles can access the area. Under Florida Statutes, certain limitations exist on the ability of a county or municipality to impose restrictions on the operations of vessels. However, counties and municipalities may create vessel exemption zones where there is an area that requires that a particular activity and user group be separated from other activities to protect the safety of those participating in such activity. The area of Crab Island is such an area and there is a need to create the exemption area for access only by emergency vehicles. Also under the statute, any restriction imposed by a city or county must be approved by the Florida Fish and Wildlife Conservation Commission prior to the effective date of the ordinance. This approval is required to be completed within ninety (90) days of the submittal of an completed application. A proposed ordinance has been prepared creating a proposed vessel exemption zone. The only exception would be for the presence of emergency vessels as defined in the draft ordinance. Staff requests authorization from the Board to schedule a public hearing for consideration of the proposed ordinance and to advertise that public hearing. OPTIONS: Approve/Disapprove. RECOMMENDATION: Authorize the scheduling of a public hearing for the adoption of an Ordinance creating a Vessel Exemption Zone and direct staff to advertise that hearing. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator