Option II:
The County would serve as the permittee with the FWC for sign and buoy
requirements per Florida Statute 327.4108. The County would be responsible
for acquiring permits from USACE, USCG, and FDEP for sign and buoy
deployment. The County would also be responsible for installing and monitoring
the pilings, signs, and buoys within the ALA and invoice the municipalities for
100% of all costs associated with this effort.
Each municipality would serve as the primary enforcement agency within its
jurisdictional limits. If a city failed to reimburse the County for installation,
monitoring, maintenance, or enforcement of the ALA, the County reserved the
right to amend the ALA Ordinance and exclude the area from the ALA map.
Surveys would need to be conducted, and easements would need to be granted
to the County to acquire the necessary permits. Funding would be required for an
additional $42,000 to $75,000 for design, permitting, bid paperwork,
mobilization, and construction oversight. This would not include any required
surveys. The County would be responsible for installation and maintenance,
assuming all liability associated with the infrastructure, including accidents caused
by missing or damaged signs and buoys. Funding was estimated at $255,500.00
to $296,000.00.
In support of Option II, Commissioner Earman emphasized the importance of the
survey in establishing anchoring points. Despite the increased cost, he deemed it
necessary and said it was the municipality's preferred choice. Commissioner
Moss, underscoring the significance of safeguarding the lagoon, expressed a
strong desire to ensure its preservation. She believed that prioritizing this
protection would benefit the lagoon and foster partnerships with municipalities to
work toward its preservation. Despite the higher cost, Commissioner Moss stated
her preference for Option II.
Former Indian River County Commissioner Peter O’Bryan addressed the Board
regarding the urgent need to close loopholes in the current Statute and proposed
some amendments to the legislative priorities. He emphasized that boaters would
find ways to exploit any loopholes and stated that currently a boater could anchor
in an ALA for 44 days, then move a mile away, drop anchor for the night, and
return the next day to reset the 45-day clock. Mr. O’Bryan suggested changing
the 45 consecutive days to 45 cumulative days in a six-month period, so boaters
would have to move on once their 45 days were up and could not reset the clock
by returning the following day. He recommended lobbying to change
"consecutive" to "cumulative" to address this issue. He also proposed that the
six-month window start on the first day the boat was identified within the ALA.