Okaloosa County BOCC — September 15, 2015 — Consideration of the Adoption of an Ordinance Creating a Vessel — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 15, 2015 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Consideration of the Adoption of an Ordinance Creating a Vessel Exclusion Zone DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: The Board previously directed staff to prepare for the Board’s consideration, a proposed Ordinance which would address the problem of emergency access to the Crab Island area. After meeting with representatives of various stakeholder groups on the issue, a draft ordinance has been prepared which would create a Vessel Exclusion Corridor within the Crab Island area which would only be accessible by emergency vehicles and vessels. At its meeting of August 4, 2015, the Board authorized the scheduling of a public hearing for the consideration of the Ordinance. 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 activities necessary 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 which would provide access for emergency vessels to 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 an 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 a completed application. Pursuant to the direction of the Board and the input from the various stakeholders, a draft proposed ordinance has been prepared creating a proposed vessel exemption zone. The zone would consist of an area forty (40) feet wide and would exclude all vessels from this zone except emergency vessels as defined within the draft ordinance. Under the provisions of section 327.46, Florida Statutes no ordinance excluding vessels from an area shall be effective unless approved by the Florida Wildlife Conservation Commission. Therefore, after the adoption of the Ordinance, an application will need to be submitted to the Florida Wildlife Conservation Commission seeking approval. OPTIONS: Adopt the Ordinance/Modify the Ordinance/or Elect to Not Adopt an Ordinance. RECOMMENDATION: Approve the Vessel Exclusion Zone Ordinance and authorize staff to prepare the application to the Florida Wildlife Conservation Commission for approval of the Ordinance as required under state law. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator