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HomeMy WebLinkAbout6/16/1992 (2)BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A SPECIAL MEETING - TUESDAY, JUNE 16, 1992 7:00 P.M. - VERO BEACH COMMUNITY CENTER 2266 14TH AVENUE VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman Margaret C. Bowman, Vice Chairman Richard N. Bird Don C. Scurlock, Jr. Gary C. Wheeler James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 7:00 P.M. STATE MANATEE PROTECTION SPEED ZONE PROPOSAL; COUNTY COMMISSION -SPONSORED PUBLIC HEARING ( memorandum dated June 10, 1992 ) ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. SPECIAL MEETING Tuesday, June 16, 1992 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the Vero Beach Community Center, 2266 14th Avenue, Vero Beach, Florida, on Tuesday, June 16, 1992, at 7:00 o'clock P.M. Present were Carolyn K. Eggert, Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Gary C. Wheeler; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. STATE MANATEE PROTECTION SPEED ZONE PROPOSAL - COUNTY COMMISSION - SPONSORED PUBLIC HEARING The hour of 7:00 o'clock P.M. having passed, the County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL . Published Daily Vero Beach, Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oalh says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County., Florida; that the attached copy of advertisement, being a In the matter in the Court, was pub- lished in said newspaper in the issues of /� n Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published.in said Indian River County, Florida. Pach daily and has been entered as second class mail matter at the post office in Vero Beach in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this __V_ day o . W A.D. 19 »r/'t�•kt� (by+ jpess Manager) 0 / (SEAL) �✓/'! 4� .1r �/7[i���G6 1 SON 16 PUBLIC NOTICE` The Board of County Commissioners of hidlan River County will hold a Special Meeting to discuss the County's reoommendation to the Siete Depart- ment of Natural Resources MANATEE PROTEC-TION SPEED ZONE PLAN. All Interested parties are Invited to attend and partlalpate in the meeting scheduled for JUNE iB 1892 at 7:00 O'CLOCK P.M, in the VERO SEA& COMMUNITY CENTER located at 2289 14th Avenue, Vero Beach, FL, Copley of the State Plan aro avalable at the County Planning Division Office. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedingsb made, wMch Includes testimony and evidence upon which the appeal Is based. June 9, 1992 907811 ht'J JUN 1 )iii A { O 66 K FA.;E 652 Chairman Eggert announced that tonight the County Commission is sponsoring this public hearing to readdress the State Manatee Protection Speed Zones Proposal. Anyone wishing to speak at tonight's public hearing has been asked to sign a card with their name and address and only those people will be recognized. She wished to advise everyone of the rules that would be followed in the public hearing. We always have been very proud of the fact that the County Commission conducts professional and well-mannered hearings and, to help us achieve that, we would appreciate your hearing each person out in silence. We ask that there be no cheering or booing or any other form of interruption. If there is an interruption, that person will be asked to leave, and if they do not leave, they will be provided an escort. Please be concise and to the point and if someone has already basically said what you intended to say, please come forward and state whether you are for or against the issue rather than repeating the same thing over;and over again. Each person will be limited to 5 minutes to express their opinions. Chairman Eggert advised that the sign -in list of those attending tonight's meeting will be placed on file in the Office of the Clerk to the Board. Chairman Eggert advised that Roland DeBlois, Chief of Environmental Planning, will present MANWAC'S revised recom- mendations to the State Manatee Protection Proposal, after which she would open the public hearing to those who had signed cards expressing their desire to speak. Mr. DeBlois reviewed the following memo dated June 10, 1992: INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: Obert M. ReratAng, P Community DevelopOmerW Director FROM: Roland DeBloisr; �AICP Chief, Environmental Planning DATE: June 10, 1992 RE: State Manatee Protection Speed Zone Proposal; County Commission -Sponsored Public Hearing It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their special night meeting of June 16, 1992. DESCRIPTION & CONDITIONS At a public discussion on May 26, 1992, the Board of County Commissioners considered the state Department of Natural Resources (FDNR) manatee protection speed zone proposal. At that meeting, the Board received recommendations from the Marine Advisory/Narrows Watershed Action Committee (MANWAC) regarding comments to transmit to the state. The Board voted unanimously to transmit the recommended comments to the state. Following are the five (5) recommendations: 1. Revise the seasonal recreation use areas so that the 35 m.p.h. speed allowance time frame extends from April 15th to October 31st each year. 2. Eliminate all slow speed restrictions in the Intracoastal Waterway channel (and adjacent 100' buffers), including the elimination of seasonal slow speed within the, channel of the Jungle Trail narrows, EXCEPT FOR recommended slow speed under bridges and between channel markers 137 and 143 (Riomar Cut). 3. Revise the configuration of the unregulated recreation use area in the south portion of the county, east of channel markers 153-156, so that the unregulated area is 300 yards wide extending from the south tip of Prang Island to Porpoise Point, whereby the eastern boundary of the 300 yard width is the barrier island shoreline. Moreover, revise the unregulated area to include a 100 yard wide access corridor from the Intracoastal Waterway channel to "Martin Cove", along the south side of the existing east -west powerline (near channel marker 153). 4. Leave all residential canals (e.g., Vero Shores canals) open to public access, even if at idle speeds. 5. [FDNB] dredge the flats at the confluence of the south fork of the St. Sebastian River, to an appropriate depth to allow for safe passage of both manatees and boats. Subsequently, on May 27, 1992, the state held a public hearing in the Vero Beach High School auditorium to receive comments from the general public. Approximately 150 people attended the hearing, some of which voiced a concern there was insufficient notice to the public to provide comment to the Board of County Commissioners and to the state concerning the manatee protection proposal. At their regular meeting on June 2, 1992, the Board voted to hold a county -sponsored public hearing on the proposed rule to provide more opportunity for public input prior to the Board finalizing comments to the state. ALTERNATIVES & ANALYSIS The official 21 day comment period following publication of the proposed manatee protection rule in the Florida Administrative Weekly has passed. However, the Board of County Commissioners has the opportunity to submit comments to the state up to the day of the final public hearing before the Governor and Cabinet, and may present any Board recommendations at the final hearing. FDNR staff have indicated that they are tentatively planning to present the matter before the Governor and Cabinet on July 8, 1992. RECOMMENDATION Staff recommends that the Board consider public comments and make finalized recommendations to the state regarding the proposed manatee protection plan. 3 JUN 161 2 ) 16 .00K PF1, Florida Administrative Week/Y Vol. 18. No. 1992 MAP I INDIAN RIVER COUNTY Manatee Protection Zones April 1992 M1NER` M ARV 11TH SAND PO 2f`^ v MOTORBOATS PROHIBITED RESIDENT ACCESS BY DECAL IDLE SPEED SLOW SPEED f, SLAW SPEED NOVEMBER I - MAY 31 35 MPH JUNE 1 - OCTOBER 31 CHANNEL 30 MPH UNREGULATED A. i Z N Z , MILES tNSLT BREVAP.D COUNTY _ % _.=^ INDIAN RIVER COUNTY tF SEBMM RIANA IN BUFFS SEBASTIAN Florida Administrative Weekli• Vol. 18. No. 18. Mmv 1. 199 M j1'_ Sr -4 C Pti P.L C—b BREVARD COUNTY — �+ ----- --. INDIAN RIVEP. COUNTY c It 5 ti MAP 2 DIAN RIVER COUNTY natee Protection Zones April 1992 h I+40TORBOATS PROHIBITED ' RESIDENT ACCESS BY DECAL )IDLE SPEED ) SLOW SPEED I r I P BOOK i) 60 FH+,t � Florida Administrative Weekly t•'ol. 18. No. 18. mem 1. 1992 1 IDLE SPEED �y SLOW SPEED I i ~ _ MAP 1 n;; SLOW SPEED NOVEMBER 1 - MAY 31 i 3 41i 35 MPH JUNE 1 OCTOBER 31 SLOW SPEED NOVEMBER 1 - MAY 31 (CHANNEL 30 MPH)JI 35 MPH JUNE 1 - OCTOBER 31 I� i 3s MPH INDIAN RIMER COUNTY i oo° CHANNEL 30 MPH Manatee Protection Zones j ^+ UNREGULATED April 1992 1 I � �.:�� .y.y ♦ � -.ice iiifi • :/1i16 �1 cau.K m \ &WILL' PEN scaucH 600 FT. J'; WL Ya +tM'1 A BUFFER�vt \ IDLE p E ROOSEVELT ,P \ Y � mLE � � = X\� HA 80 73 4`16. G O 0 O 0 0 O O O �To 000000 0$0 °0000 0 °0°0 ID 78 510 O G O N FT 0 0 0 G O 0 ANCHAEL CK BUFFER 0 00co ° 0 <r 100 FT .�" ��`koso BUFFER ' G MILES ° °o— e, �7 0 Florida Administrative keekh• Vol. 18. A. 18. mey 1. mr- MAP 4 INDIAN RIVER COUNTY Manatee Protection Zones April 1992 v C. IDIS SPEED SLOW SPEED SIDW SPEED NOVEMBER I - MAY 31 35 MPH JUNE 1 - OCTOBER 31 (.� SLOW SPEED NOVEMBER I.- MAY 31 (CHANNEL 30 MPH); ACL' 35 MPH JUNE 1 - OCTOBER 31 35 MPH i CHANNEL SLOW 8c° CHANNEL 30 MPH � 7 � Y 100 FT AWMA �OI UFFEI IDLE •9 to / G � M Vie. NORTH WINTER,\BEACH RD d t N 0 1 MILES NORTH GIFFORD RD. JUN 1 19,2 L, GRAND HARBORa `"---. NORTH GIFFORD RD. wsnl 7 wo 1 ;BOOK JUN iG '19,92 Florida Administrative 14•ee4v Vol. 18. !Vo. 18, Ile% 1. 1941 NORTH GIFFORD RD a-� `1 1 -�� SOUTH GIFFORD RD. 1 VERO BEACH t N 0 MILES ® IDLE SPEED SLOT► SPEED ® 33 MPH ® CHANNEL SLOW CHANNEL 30 MPH O UNREGULATED t SWIM Is INDIAN RIVER COUNTY i Manatee Protection Zones 1 April 1992 �z MAP 5 r SRO aEAcx O HLYD 4 R EA) RIOMAR `NORTH CK $177: 2605 8 C Florida Administrative Weekly Vol. 18. No. 18. May 1. 1992 MOTORBOATS PROHIBITED RESIDENT ACCESS BY DECAL IDLE SPEED ® SLOW SPEED CHANNEL 30 MPH 0 UNREGULATED EA sovTM� MAP 6 INDIAN RIVER COUNTY ' Manatee Protection Zones April 1992 RIVER SHORM' of N 0 1 67 - INS s 2 MILES VERO SHO INDIAN RIVER OUNTY ----- -- —�— ST. LUCIE CiUNTY — E JUN 0 r JON i 992 .BOOK F;,��E -I L- 0 Mr. DeBlois pointed out the slow speed areas designated in the plan using the maps printed in the informational hand-out sheet. He defined slow speed as approximately 7 mph, noting that it varies with the type of boat. Essentially, slow speed is a speed with minimal wake and steerage. Idle speed is just fast enough to maintain steerage. Mr. DeBlois recounted that on May 26 the Board of County Commissioners held a public discussion and accepted recommendations from MANWAC. On May 27 the FDNR held a public hearing at the Vero Beach High School and received considerable comment from boaters concerned about 80% of the river being slowed down to 8 mph or less. A concern was raised that there should be more opportunity for public input, which is why we are here tonight. MANWAC met yesterday to reevaluate the input and revised the five recommendations approved by the County Commission on May 26, and added two more recommendations. He reviewed the following memo dated June 16, 1992: INDIAN RIVER COUNTY, FLORIDA M E M O R A N D U M TO: Commissioner Gary C. Wheeler MANWAC Chairman FROM: Roland DeBlois, AICP Chief, Environmental Planning DATE: June 16, 1992 SUBJECT: MANWAC Revised Recommendations; State Manatee Protection Proposal Following is a summary of the Marine Advisory/Narrows Watershed Action Committee's (MANWAC) revised recommendations concerning the FDNR manatee protection proposal, as approved by MANWAC at their meeting of June 15, 1992.1 1. Revise the seasonal recreation use areas so that the 35 m.p.h. speed allowance time frame extends from April 15th to October 31st each year. 1 Underlined text represents changes/additions to MANWAC's original recommendations of May 11, 1992. 10 MANWAC Revised Recommendations June 16, 1992 Page 2 2. Eliminate all slow speed restrictions in the Intracoastal Waterway channel (and adjacent 100' buffers), including the elimination of seasonal slow speed within the channel of the Jungle Trail narrows, EXCEPT FOR recommended slow speed under bridges and between channel markers 137 and 143 (Riomar Cut). Revise all areas proposed to be 30 m. .h. maximumspeed within the Intracoastal Waterway channel (and adjacent 100' buffers) to 35_m.p.h. maximum speed. 3. Revise the configuration of the unregulated recreation use area in the south portion of the county, east of channel markers 153-156, so that the unregulated area is BOO yards wide extending from the south tip of Prang Island to Porpoise Point, whereby the eastern boundary of the 300 yard width,is the barrier island shoreline. Moreover, revise the unregulated area to include a 100 yard wide access corridor from the Intracoastal Waterway channel to "Martin Cove", along the south side of the existing east -west powerline (near channel marker 153). 4. Leave all residential canals (e.g., Vero Shores canals) open to public access, even if at idle speeds. 5. [FDNR] dredge the shoals at the confluence of the south fork of the St. Sebastian River, to an appropriate depth to allow for safe passage of both manatees and boats. 6. Revise the areas proposed to be slowspeed outside of and west of the Intracoastal Waterway channel (and 100' buffers) to be slow speed within 600' of the lagoon west shoreline, with the remaining area (between the 600' west shoreline slow speed buffer and the Intracoastal Waterway channel 100' buffer) to be 20 m.p.h. maximum speed. This proposed revision does not apply to recreation use areas and proposed idle speed areas. 7. Revise the areas proposed to be slow speed outside of and east of the Intracoastal Waterway channel (and 100' buffers), from the Wabasso Causeway to the south county line, to be slow speed within 100' of the lagoon east (barrier island) shoreline, with the remaining area (between the 100' east shoreline slow speed buffer and the Intracoastal Waterwav channel 100' buffer) to be 20 m. .h. maximum speed. This proposed revision does not apply to recreation use areas and proposed idle speed areas. In addition to -the above recommendations, although not included in the motion that was unanimously approved, there appeared to be a strong consensus among those at the MANWAC meeting that there is a need for mandatory boater education requirements (and boating registration) with regard to manatee protection and boating safety. Please do not hesitate to contact me if you have any questions. cc: Robert Keating Christine Panico Alice White ' Pat Rose/Donna Bentzien L_ 11 F - JUN 1 BOOK P�:�t �/" Chairman Eggert thanked Mr. DeBlois for his presentation. Commissioner Scurlock understood that the Board's intent tonight is either to reaffirm our position or issue a new position statement. Chairman Eggert opened the Public Hearing to those in attendance who had signed cards requesting to speak regarding this matter. Bill Moody, 6315 48th Avenue, member of MANWAC, appreciated this additional opportunity for boat enthusiasts to express their opinions and concern about our waterways. When this issue first arose, he was totally against regulation and is still against regulation without education. He stressed the benefits of education and pointed out that without education being tied to boater's registration or licensing, anyone can come from out of state and put a boat in the water without having any knowledge of the environment of the Indian River Lagoon. As an avid water skier, he felt that is wrong and that people should be ;educated about the river and the manatee. He believed that if the DNR wants to protect the manatee, they should have boater registration tied to boater education. Mr. Moody believed that the local boaters would not be against regulation if it did something to protect the manatee, but it is certain that education will make a difference in protecting the manatee. He believed that people want to protect the manatee but don't want to lose the use of the river in the process. Tim Bishop, 450 10th Street SW, thanked the Commission for holding this additional hearing. Being an avid water skier for many years, he opposed the restrictions being placed on certain areas believed to be the best for water skiing. He was concerned about the old channel by the yacht club and Spratt Creek. He felt that this county can take care of itself by working with the Florida Marine Patrol. He agreed wholeheartedly with education being the best approach rather than regulation. He didn't feel the DNR should be telling us what to do. Wally Kramer of Micco thanked the members of MANWAC for all the work they have done. He felt that if we had started an educational program 20 years ago, we wouldn't need to be here tonight. He agreed with MANWAC's latest recommendation which will give protection to the manatee and allow people to continue to enjoy water activities, but he felt sorry for the water skiers who are being affected the most because they cannot adjust to slow speeds. He cautioned that if manatee deaths increase, the DNR will be back with even tighter restrictions. In addition, Mr. Kramer 12 I strongly objected to large cruisers going through the channel at 35 mph and throwing a large wake. Robert Haas of Vero Shores supported everything that has been said up to here, but felt the revised recommendations are still too strict. He wondered why no one has considered sanctuaries for the 1500 manatees that are left throughout Florida. Charles Webb, 715 Tides Road, felt we have to calm down and recognize that we will have to compromise somewhere with regard to the manatee protection plan. There is no way that everybody is going to be happy with this plan. He believed the water skiers will have to accept being restricted to certain areas and that fishermen will have to accept a slower speed. He agreed there is a lack of information on boat safety and protecting the environment. Mr. Webb believed we have people out there who know these things and people out there who know but don't care. He personally felt there is a lack of courtesy on the part of water skiers, and he has given up on fishing in certain places because of that. He urged everyone to stop being anti -DNR and try to solve this problem with common courtesy. Dean Luethje, 6 Tarpon Drive, apologized for not knowing this plan was coming down the pike until just a few weeks ago. However, he did not feel it is too late to change the minds of the bureaucrats in Tallahassee. He is opposed to the regulations, but realizes we will have to compromise. As a sports fisherman, he doesn't want to be pushed into the Intracoastal Waterway and put in danger of being swamped by large boats. He expected someone would be killed and he certainly didn't want it to be him. He talked with State Representative Charles Sembler today who said he has reviewed the plan and is concerned as he feels that the DNR has used the broad brush technique on the plan. He hopes we can work out something with the DNR on the modified plan and that he will back us to his fullest extent. Mr. Luethje urged the Board to accept the recommendations from MANWAC as modified at yesterday's meeting plus the committee's encouragement for mandatory boater education requirements (and boating registration) with regard to manatee protection and boating safety. He hoped, if it becomes necessary, that we can go all the way to Tallahassee to support what we feel is right. Jason D. Terrell, 3210 62nd Avenue, supported the speed restrictions proposed by the State. He was having a hard time understanding the lack of compassion some people are showing for this species which was here a long time before us. He urged everyone to slow down out on the river and support DNR's efforts to save the manatee. 13 !BOOK �t!U , r JUN I f, '1992 BOOK ' d " 1' Robert Turner of the U.S. Fish & Wildlife Service stated that he has spent considerable time fishing and boating in the Indian River in various sizes of boats and currently holds a 100 -ton master's license. With this background, he believed he has a good understanding of the need to protect the manatees as well as an understanding of a cross section of the boaters. Dr. Tom O'Shea, director of the USFWS manatee research laboratory in Gainesville has stated that Sebastian Creek is the most important manatee concentration areas along the east coast. Between wintering in areas in south Florida and coming north to spend the summer in Brevard County, much of the east coast manatee population passes through Indian River County. He believe we should be pro -active and provide protection before manatee mortalities reach the levels of Duval, Brevard and Palm Beach Counties. Applications already have been submitted to the Army Corps of Engineers that would double the number of boat slips in Indian River County. Mr. Turner had no doubt that unless action is taken to impose slow -speed zones, manatee deaths will increase due to the increase in boating traffic. Mr. Turner stated that it is the USFWS's position that if any project they review is likely to result in one additional manatee death, it jeopardizes the continued existence of''the species. With regard to 90% of the river being restricted to slow speeds, he could not understand why that would not encourage more families to enjoy the river. Carol Johnson, public affairs administrator for the Vero Beach/Indian River County Chamber of Commerce, wished to thank county staff and MANWAC for coming up with some compromising proposals. She read into the record the following letter stating the Chamber of Commerce position: 14 _I :vero beach- .,�31�'� ��� indian river o COunty . a USM 1gg2 chamber of 2 r oARoEIVED commerce 911" �_. Nry 1216 21ST STREET P.O. BOX 2947 June 12, 1992 Indian River County Commissioners 1840 25th Street Vero Beach, FL 32960 Dear Commissioners, 32961 407-567-3491 FAX: 407-778-3181 DISTRIBUTION LIST Commissioners CSE Administrator Attorney Personnel Public Works Community Dev. Utilities Finance Other The Board of Directors of the Vero Beach -Indian River County Chamber of Commerce by a unanimous vote taken June 8, 1992 urges the Commission to reconsider your recommendation to the Department of Natural Resources regarding boating restrictions in Indian River County. We feel the proposal previously approved by the Commission would be detrimental to our area for several reasons: 1) Indian River County has a proven record of low manatee mortality for the past 17 years. 2) Lowering the boating speed in the majority of the river to 5 mph will give a negative impression to those vacationing or relocating in our area. 3) Recreational boaters and fishermen would be forced into the intracoastal waterway and skiers will be limited to smaller congested areas all of which lead to definite human safety concerns. 4) We should not be "categorized" with other regions that have been less responsible and we should not accept being painted with the same broad, restrictive brush. Manatee protection and survival'in the waters of Indian River County has always been important and will continue to be. There must be a compromise to the original recommendation. Sincerely, /xevVi resident JBN/cj 15 W 1992 M F, FhuC Robert LeMasters of Sebastian was against more regulations. He pointed out that Indian River County already has'slow speeds in some areas and people have been trying to protect the manatee for some years now. He has been on the river for,40 years and it is his opinion that a slow speed is going to lull that sea cow to think that he can go anywhere he wants because everybody is running slow. He pointed out that the sea cow is not near as slow as some people think. In all his years on the river, he has hit only one sea cow and he sure didn't want to do that again. That was at idle speed and he thought he had hit a log. Patti Thompson of Maitland, staff biologist of Save the Manatee Club, which has approximately 30,000 members nationwide, stated that they support DNR's proposed rule. In fact, they feel the DNR rule does not go far enough to protect the manatee. They have always supported water activities taking place in land -locked lakes and other places rather than in areas that are manatee habitat. The DNR has worked hard to protect the manatee throughout the state and Indian River County is just one piece of the big picture. The manatees move through the lagoon on a daily and seasonal basis and they cannot let Indian River County be the weak. link in this important chain. As far as education is concerned, Save the Manatee Club is convinced that education is not enough. They realize that no one intentionally hits a manatee with their boat, so the purpose of the slow speed zones is to give the manatee time to get out of the way. She urged the Board to continue to support the DNR's proposed rule as it is written now. Allen Edwards, 29 year resident of Vero Beach, felt that MANWAC's modified recommendations are a compromise for everybody. Nobody got everything they wanted. With an increase in both boaters and manatee population, there will be more collisions with manatees, and he felt this is the time for a commitment to the MANWAC recommendations. John Little of Vero Beach stated that although he personally doesn't like regulation of this sort, he believes it is necessary, and he would urge the Board to support the latest revisions to MANWAC'S recommendations that were hashed out yesterday afternoon. All he heard at the last MANWAC meeting was that the DNR won't accept this. He urged the Board not to operate on that premise. It has been his experience that the DCA, the DNR and other agencies in Tallahassee will dictate to you what to do. However, the DNR has a job to do and we have a job to do, and, hopefully, out of that controversy and dialogue will come an acceptable solution. Part of the reasons for going before the Governor and Cabinet is for us to express our views and for the DNR to express their views. 16 _I We should not go there and speak with a single voice. People have some rights also and he is getting a little uptight about that never being mentioned. He felt this compromise takes into account people's rights plus the need to protect the manatee. Gary Rhinehart, 2102 15th Lane, felt he knew a little something about this situation because his uncle runs charter boats out of Ft. Pierce. He objected to our county being compared to counties in southern Florida, and if it gets down to that, he is against all this regulation. If they want to establish some speeds in certain shallow areas and channels, that might work, but he didn't believe the rest of this can be enforced. Warren Winchester, 5 Tarpon Drive, stated that he loves the river and loves boating, but also wants to see the manatee protected. He believed the time has come .for regulation and education. He endorsed MANWAC's latest recommendations and urged the Board to be prepared to go to Tallahassee and present our position to the Governor and Cabinet. Mr. Winchester believed the responsibility of government, including the DNR, is for the benefit of mankind, but it seems man is being left out of the DNR proposal. Andy VanOs, resident of Indian River County for 15 years and operator of 3 boats, felt the recent MANWAC recommendations are a 180 -degree turn which represents no plan at all. He did not see any disadvantage to being regulated to a slow speed in certain areas. He operates at safe speeds in order to protect the manatee. Without any restrictions, he wondered how we would educate boaters coming down the Intracoastal Waterway from up north. Mr. VanOs stressed that there has to be some form of regulation in order to keep things under control. It is his opinion that we need idle speeds in the canals, slow speeds out of the Intracoastal Waterway and a reasonable limited speed in the Intracoastal Waterway. Ellie VanOs, resident of Vero Beach, stated that she has a captain's license issued by the Coast Guard and operates her husbands's boats. She believed the speed zones approved by the Board of County Commissioners on May 26, 1992 were based on when and where the animals are in the river. She emphasized that the DNR worked very hard to get specific time periods of when the animals are using particular corridors. MANWAC's revised recom- mendations seem to be arbitrary and based more on simplification. Mrs. VanOs didn't feel the word compromise could be used in this case because any speed over 7 mph would not allow a manatee to get away. She supported education, but not without meaningful regulations as outlined in the speed zones that the Commission endorsed on May 26. 17 JUS 16 199 I F, JUN 1( 1' '92 looK �3 t+iP �t Dean Mays, resident of Vero Beach and owner of Dean's Elite Wheels & Water Sports, was concerned that over regulating our waterways in these hard economic times could result in doing away with hundreds of jobs in marine related businesses. He wished to point out that next to the citrus industry, the marine industry is the next largest in this county. His particular involvement is with personal water craft which are jet propelled and do not have props. He believed safety is the important aspect that has to be considered in this matter. Mr. Mays objected to putting all these craft in two small areas designated for water recreation. He stressed the need for more boater education rather than all this regulation, and was against putting all the small recreational boats in two small recreational areas. He cautioned that somebody, perhaps a child, is going to get hurt and these regulations'` will end up in the wastebasket. Mr. Mays felt that the people 'in Indian River County have been taking care of manatees. He pointed out that all the signs that have been posted to protect';`the" manatee were not mandated by the DNR. They were posted by people who care about protecting the manatee. He wanted to save the manatee, but not at the expense of his children. Rose Schulte of Palm Bay, representing the 1000 -members in Indian River County and Brevard County of the Eternal Coast chapter of the Sierra Club, stated that they are in favor of the DNR's boating speed regulations proposal. She noted that Map #3 better clarifies the buffer areas for slow speed. In the past it was very difficult to distinguish between the slow speed areas and the idle speed areas and for which periods of time. She felt the recommendations that were made to the Board have clarified that area very well. Their organization supports the licensing of boats and feels that boater education needs to go hand in hand with the licensing. They are in favor of the DNR's proposal for speed regulations. Carl Fetzer, 465 33rd Avenue, felt that MANWAC's recommendations represent a very good compromise and that the DNR's regulating everybody into two small areas endangers the safety of both people and manatees. He noted that Broward County is heavily regulated and it has been found that manatee deaths are occurring in slow and idle speed zones. He felt the DNR has an obligation to come up with a plan for what they feel is right, but emphasized that Indian River County also has a right to come up with a plan that we feel is right. He believed IRC's plan is totally reasonable with respect to the manatee and to the use of the river by boaters, water skiers and fisherman. Mr. Fetzer supported the latest revisions to MANWAC's recommendations. 18 Joan Carlson, representing the Humane Society of Vero Beach, stated that her organization hopes that this Commission will be pro -active in supporting the DNR's proposed regulations. They feel that in addition to developing education programs, it is critical to regulate manatee protection on the river. Robert E. King, stated that his family has been in this area since the 1800's and that he didn't think that he had to go to school to know what a manatee looks like as he probably has eaten more than some people have seen. Not too many years ago there was a restaurant in Palm Beach County that served sea cows. He objected to these restrictions because people want a place to water ski without having to worry about fishermen and fishermen want a place to fish without having to worry about water skiers. In addition, when he wants to go to Sebastian, he doesn't want to take 3 hours to get there. He felt that most boaters slow down when they see congestion and shallow water ahead. He doesn't want all this regulation, and he doesn't want to be harassed. Mr. King felt that people should just operate their boats with common sense. John R. King, 135 9th Avenue, stated that his parents live out in Vero Shores and he grew up there. He likes to water ski and cannot see regulating water skiing to just two areas in the county. People are going to die; forget the manatees. Jack Jackson, 3030 Par Drive, supported the Board's approval of the compromises made in the latest MANWAC recommendations. He explained that the proposed speed was expanded to 20 mph to areas outside the channel because of an increase in the county of hydro - sliders that need 18-20 mph. The modified recommendations of MANWAC gives them an area outside the channel, providing a greater safety measure. His children hydro -slide in the channel and he is scared to death when he pulls them out there because of the heavy boat traffic. The gruesome score in the last 6 years is 4 manatees to 3 children, and keeping everybody in the channel the way DNR wants will only make those statistics even more lopsided. Mr. Jackson felt that a 20 mph speed limit gives a educated boater adequate time to see the manatee and adequate time for the manatee to move out of the way. Mark Yanno, 5402 Deer Run Drive, stated he has been water skiing since he was a child, but supports the DNR's proposed regulations. He has worked for the DNR and understands the threat that boaters pose to manatees. As educated as he is about manatees and as an experienced boater, he had an unfortunate incident two years ago down by Round Island when despite all his efforts, he hit a manatee. Fortunately, he was using a small 25 hp outboard, and he believed the manatee probably survived. Mr. Yanno stressed that 19 F, �oo� FF11Jl, � education is not enough; we need slow speed zones for the manatee. He supported the DNR's plan. Michael Gallagher, 3020 Par Drive, recited an old Indian poem about how the earth was created. Cliff Barnes, director of Florida Wildlife Federation, didn't have any specific objections, but wished to emphasize that what we are talking about here is an endangered species becoming extinct. Education is not enough. Speed zones will protect both people and manatees. He felt we must come up with a strong manatee protection plan, but one that is reasonable and easily understood. If it is not understandable, people will not know how to obey it. Jens Tripson, 1740 21st St., chairman of the endangered species of the Pelican Island Audubon Society brought up.the.matter of erosion of the banks of the river and the destruction of seagrasses. He cautioned that if we tear up the seagrasses, the manatees will leave because that is their food source. Mr. Tripson stressed that you can post speed signs everywhere in the river, but if you cannot enforce it, it doesn't do any good at all. Bruce MacIntyre, 701, Shore Drive, boating columnist for the Press Journal, thanked the Commissioners and everyone for coming out tonight. He noted that since the DNR meeting at the high school, they have signed up a lot more people who were not aware of what might be happening to our river. These people came out tonight because they know the Commission is listening to their opinions on the DNB's proposed speed zone regulations. He felt the DNR regulations will cause congestion and accidents. He urged those in attendance not to rely solely on the County Commission and to take the time and effort to write the Governor and Cabinet. Mr. MacIntyre believed that by getting our views across, we might win this one yet. Patrick M. Rose, Environmental Administrator of protected Species Management, Florida Dept. of Natural Resources, thanked the Board for holding this additional meeting. He wished to note that the DNR has supported mandatory education and boat licensing for over 5 years but have not been successful in the Legislature. He encouraged the Board to take their request for education being tied to boater's licensing to the Legislature. Following the last County Commission meeting on May 26, when the Board approved the support of the 5 MANWAC recommendations, and the public hearing at the high school, they have taken that information and input and are considering some changes to the proposed rules and some adjustments. Mr. Rose felt it is going to be very difficult to match the total recommendations of MANWAC with those of what the DNR feels the manatee needs. He understood many of the conflicts 20 and the reasoning behind many of the recommendations. He advised that they were able to move a good bit closer to the positions taken at the last meeting. The other concern in developing their proposal was trying to present a plan that would be enforceable. There are facets of the latest MANWAC recommendations that actually will make it much more confusing in many respects, but there are other things that probably will make it more understandable. So again it is not a clear-cut situation. Chairman Eggert announced that of the 10 letters received, 8 were for the DNR proposal and 2 were against. There being no others who wished to be heard, the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, that the Board support the latest MANWAC revisions and recom- mendations of June 16, 1992, and authorize staff to follow through on the proposal we are sending to Tallahassee. Under discussion, Commissioner Bird believed this county doesn't have a major problem with killing manatees with boats and that we could make a pretty strong argument not to have these regulations. He was concerned that if we go too strong at this time, we will never see any reduction in the regulations. He felt the latest recommendations are adequate at this time and should be supported by this Commission. He personally intended to go to the mat on this issue even if it means going to the Governor and Cabinet or the Supreme Court if necessary. He felt we are being reasonable and that all of the compromises have been made on the part of the boaters and not on behalf of the manatees, at least not from what he has heard tonight. Commissioner Wheeler, chairman of MANWAC, explained that the committee members are of varied backgrounds who have an interest in the river. They have worked long and hard to come up with this compromise plan. He felt that DNR and Mr. Rose also have come a long way and that there has been a big step forward in protecting the manatee, the environment and other areas. Although no one here may be completely happy, regardless of which side they are on, we all need to live in this community and we all have some of the same basic interests. Commissioner Wheeler believed the latest MANWAC recommendation is a defendable compromise and that it is very reasonable and very fair to all people involved and also one that is protective of the manatee. He would like to see our plan given 21 J U N 12 p 1'~� oc� 1 F, UW pdu 02 a chance to work, and if it doesn't work after a period of time, we can consider increasing the restrictions. Commissioner Wheeler felt a message has been sent to the boaters in this county and neighboring counties to be more careful and more cautious. Commissioner Bowman felt it was unfortunate that we have some very discourteous boaters in this county. She has first-hand experience as she has taken about 750 people out in a pontoon boat during the last year and they will swamp you if they can and then make an obscene gesture. She wondered how much change Commissioner Wheeler and MANWAC will tolerate in the track record before being willing to tighten down the regulations. She also wondered how they would decide whether the manatee is becoming more and more endangered. Commissioner Bowman disputed statements made tonight and at prior meetings that there is an increase in the manatee population. The animal is not out of danger. While a low fatality count is cited for this county, we don't know where the manatees were actually hit. Chairman Eggert stated she is very caring about the manatee, but did feel the MANWAC has come to a good compromise in the latest revisions to their recommendations. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried 4-1, Commissioner Bowman dissenting. Chairman Eggert announced that the County will be sending appropriate staff and Commissioners to Tallahassee to present our position and that they will be there ahead of time to get the lay of the land. Earlier in this meeting she had asked the County Attorney whether it would be possible to pass a local ordinance requiring boater education, and it was his answer that it probably is not. He has researched this and the DNR agrees that changes are needed in the State Statutes, but we could be a test case. Chairman Eggert felt we could give some thought to that. She encouraged those interested in mandatory education to get very pro- active and get out a grass roots effort by sending letters to the Governor and Cabinet. Commissioner Bowman was very much in favor of licensing and hoped the fees would go towards enforcement of the manatee protection plan. She suggested that it might be less expensive to hire the Sheriff to do it rather than the DNR increasing their staff, boats, etc. 22 r-7 There being no other business, on Motion duly made, seconded and carried, the Board adjourned at 9:30 o'clock P.M. ATTEST: . Barton, Clerk 0< JUN I' 23 Carolyn Eggert, irman