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HomeMy WebLinkAbout1990-058RESOLUTION NO. 90-58 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A REVISED INTERIM MANATEE PROTECTION SPEED ZONE PLAN FOR WATERS OF THE INDIAN RIVER LAGOON IN INDIAN RIVER COUNTY, REPLACING RESOLUTION 90-20. WHEREAS, manatee protection and boating safety are concerns in the interest of public health, safety and welfare; and WHEREAS, on October 24, 1989 the Florida Department of Natural Resources (FDNB) made recommendations to the Governor and Cabinet regarding boating safety and manatee protection strategies for thirteen "key" manatee protection counties, including Indian River County; and WHEREAS, in considering FDNR's recommendations, the Governor and Cabinet voted to give the thirteen key counties 60 days or until December 26, 1989 to choose among three alternatives regarding local speed zone regulations, those alternatives being: 1) a 300' wide shoreline buffer slow -speed zone (marked navigation channels exempt), 2) a maximum 30 m.p.h. speed limit within marked channels, 20 m.p.h. elsewhere, or 3) a locally develop site-specific interim speed zone plan; and WHEREAS, the Board of County Commissioners authorized the establishment of an Ad Hoc Manatee Protection and Boating Safety Committee to make recommendations concerning the selection and/or formulation of a local speed zone alternative; and WHEREAS, the Board of County Commissioners conceptually approved said Ad Hoc Committee's recommendations and forwarded such recommendations to the FDNR to satisfy the December 26, 1989 deadline, conditioned upon the County retaining the flexibility to refine the submitted recommendations based on subsequent public workshop/hearing input; and WHEREAS, on February 6, 1990, the Board of County Commissioners held a public hearing on the adoption of a finalized interim manatee protection plan, and considered comments made public at a joint public workshop on the matter held January 30, 1990 in Sebastian; and WHEREAS, the Board of County Commissioners adopted an interim manatee protection speed zone plan, Resolution 90-20, and forwarded said plan to the FDNR for review and consideration for incorporation into State rules; and WHEREAS, FDNB found Resolution 90-20 not to provide adequate protection for manatees, and consequently submitted a proposal to the Board requesting that it be adopted in lieu of Resolution 90- 20; and WHEREAS, the Board has now held a public hearing to consider the adoption of the FDNR proposal with certain modifications, as set forth in "Attachment A" attached hereto; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida, hereby approves a revised interim manatee protection speed zone plan as set forth in "Attachment A" attached hereto, in lieu of Resolution 90-20, said plan to be submitted to the FDNR for incorporation into State rules. RESOLUTION NO. 90-58 Bird The foregoing having been moved by Commissioner and second by Commissioner Scurlock , upon being put to a vote, was carried with a vote as follows: Chairman Carolyn K. Eggert Ave Vice Chairman Richard N. Bird Aye Commissioner Gary C. Wheeler Aye Commissioner Margaret C. Bowman Ave Commissioner Don C. Scurlock, Jr. Ave The Chairman thereupon declared the resolution duly passed and adopted this 8th day of May 1990. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: C arolyn)K. Eggert hairman Attest: K: r le Q,:_� -/� Indian RIVR Cn Approved pyle r'(Lr Admin. v — Legal Budge) S -?4 qU Risk Mqr -yP Qom{ DEFINITIONS Page 1 of 6 Attachment A Revised Indian River County Interim Manatee Protection Speed Zone Plan "Day marker" means the official U.S. Coast Guard maintained navigation channel markers as designated on National Oceanic and Atmospheric Administration navigational charts or accurate repro- ductions thereof. "Day markers" shall include any buoy used by the Coast Guard as a replacement for a damaged day marker. "Slow speed" is approximately seven (7) m.p.h.; a water vessel that is not operating on a plane and which has settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed. "Water vessel" means every description of boat, watercraft, barge, and airboat used or capable of being used as a means of transpor- tation on water, including personal watercraft. DESCRIPTION OF SPEED ZONE REGULATION AREAS All speed zones and non -restricted areas shall be in effect year-round. Intracoastal Waterway (ICW) The ICW marked channel is exempt from speed regulation throughout Indian River County, as is a 100 foot buffer extending shoreward from each side of the marked channel, to aid in navigation of the channel. St. Sebastian River. That portion of the St. Sebastian River within Indian River County west of US Highway #1 is declared a slow speed zone, with the exception of a 20 m.p.h. travel corridor to be established between the US Highway #1 Bridge and the F.E.C. railroad tracks. An exception to the referenced 20 m.p.h. travel corridor shall be a slow speed zone extending 500 feet east and 500 feet west of (and under) the US Highway #1 Bridge at the mouth of the St. Sebastian River (as indicated on the map). That portion of the St. Sebastian River within Brevard County (including C-54 canal) shall be subject to the restrictions of Brevard County and the State of Florida. Indian River Lagoon/Western Shoreline, North of the Wabasso Causeway From the Indian River/Brevard County line and from the western shoreline out to the marked channel of the ICW (with 100' buffer) south to day marker "65" is slow speed, except for a 20 m.p.h. travel corridor extending from the St. Sebastian River US #1 Bridge east to the TCW channel. From day marker "65" to day marker "73" a 600 foot slow speed shoreline buffer extends waterward from the western shoreline. At day marker "73" the slow speed zone widens out to the marked channel of the ICW (with 100' buffer) extending south to day marker "7611. A 600 foot slow speed shoreline buffer extends from day marker "76" to the Wabasso Causeway. Attachment A Page 2 of 6 Manatee Protection Speed Zone Plan Page 2 Indian River Lagoon/Eastern Shoreline, North of the Wabasso causeway From Coconut Point to the Wabasso Causeway a 600 foot slow speed shoreline buffer shall be in effect. The slow speed zone shall continue southward from Coconut Point along the eastern side of Horseshoe Island. Indian River La foon From South of the Wabasso Causewav to the Indian River St. Lucie County Line: The Indian River Lagoon, from south of the Wabasso Causeway to the Indian River/st. Lucie county line, is proposed as a slow speed/ICW channel -exempt zone with four (4) non -restricted areas described as follows: an area south of the Wabasso Causeway, to begin 600 feet off of the western shoreline and to end 600 feet off of the western side of Wabasso island (as indicated on the map); the Jungle Trail Narrows from south of the Wabasso Causeway to the northern tip of Barker Island; Gifford Cut or the old ICW channel (as indicated on the map); and the eastern side of the Indian River Lagoon from channel day marker "153" southward to just north of channel day marker "156" and eastward to a north -south meandering line 300 feet waterward of the eastern shoreline. Commercial Fisherman/Fishing Guide ExemEtions• Indian River County supports and shall honor speed restriction exemptions for commer- cial fishermen and/or fishing guides, as per State approval and permit requirements for such exemptions. REVISED INDIAN • ..INTERIM MANATEE SPEED ZONES I } 3st, Intracoastal Waterway 20 mph plus 100' buffers Corridor. .::. -Slow speed area Sebastian River 5 slow speed throughout) \� ► �'-Non-restricted area I\�t A... s a I • I IV �"v y�l 7/4. n W / ` ` ` f ii 11111 f 3i "k� / ' YrG(W. / 11 14 Ulk-INVID��� �� r Attachment A Page 4 of 6 REVISED INDIAN RIVER COUNTY INTERIM MANATEE SPEED ZONES Intracoastali Plus 100' buffers exempt from slow speed U -Slow speed area Non -restricted area�flab k;!,N 71%.,. �:>;a� :�, ��