City approves unconstitutional mooring and anchorage pilot program ordinance

 

When the Florida Legislature wanted to research the needs of municipalities in regarding to regulations for anchoring and mooring, it turned to it turned to those who know the most about our state’s waterways, the Fish and Wildlife Commission. In turn, the FWC reached out to the state’s hundreds of waterfront municipalities and invited them to make application to be one of only five cities selected to participate in a pilot program to help determine the needs of communities with active harbors.
St. Augustine applied and was fortunate to be accepted. After working for several months developing the elements of a pilot program into an ordinance, city staff secured initial approval of the plan by the City Commission and then submitted it to the FWC for review. At its meeting in November, the FWC approve the city’s proposed ordinance with only one minor change, thus clearing the way for final consideration and enactment by the City Commission. That action came on Monday, December 12 when the Commission voted unanimously to adopt the pilot program.
Now, for the next two and half years, through July 2014, the new ordinance will be in effect and will allow the FWC to gather the data it needs to make a report to the Legislature and make recommendation on elements of mooring field management tat should be adopted statewide.

In drafting the ordinance, city staff were guided by the goals established by the FWC, namely:

• Promote public access to the waters of the state,
• Enhance navigational safety,
• Protect maritime infrastructure,
• Protect the marine environment,
• Deter improperly stored or abandoned vessels, and
• Promote the establishment and use of public mooring fields.

In addition, the new ordinance does not affect recreational boating.

The specific elements of the new ordinance are:

1. No overnight anchoring or “stored” vessels shall be allowed within 500 feet of shellfish harvesting areas. The affected area will be in the south end of Salt Run.
Matching Goal: Protect the Marine Environment.

2. No storing (anchoring) of vessels within 50 feet of marine structures such as private & public docks, piers and pilings.
Matching Goal: Protect Marine Infrastructure

3. Boaters at anchor, in city waters, residing on their vessels (Occupied Vessel) outside of the permitted mooring fields must move to the mooring field after 30 consecutive days at anchor in a 45 day period. However, boaters may move out of the city limits for one day, stay on shore for one day or move to a mooring for one day, at which point the 30 consecutive days begins over again.
Matching Goal: Promote the use and establishment of public mooring fields.

4. All ‘stored” vessels at anchor within the city limits must get underway two times per year (February & August). Vessels are required to come to the Municipal Marina to verify the vessel can operate under its own power and have an owner or owner’s representative. At this time the owner/representative should ensure the anchor and ground tackle are in good serviceable condition. A Medallion will be placed on the vessel to identify it as in compliance with the ordinance.
Matching Goal: Deter improperly stored or abandoned vessels.

5. Anchoring within 100 feet of the mooring field boundaries is not permitted. Boundaries are identified by the yellow “alpha” markers surrounding each mooring field. Meets USCG set back requirement for mooring field from navigational channel.
Matching Goal: Protect marine infrastructure and enhance navigational safety.

6. Anchoring within 50 feet from the San Sebastian River channel is not permitted. This will result in a decrease in the number of incidents between vessels at anchor and larger private and commercial vessels utilizing waterway.
Matching Goal: Protect Marine Infrastructure and enhance navigational safety.

It is important to have a clear understanding of the ordinances definition of the terms occupied vessel and stored vessel.

“Occupied Vessel” means boarding and remaining on a vessel for recreational activities consuming twelve (12) hours or more consecutive hours in any twenty four (24) consecutive hour period of time: for the preparation, service and consumption of meals or for sleeping; for a period of time in excess of that required for the completion of maintenance or repair activities; or for securing or protecting the vessel in a time of emergency or severe weather.

“Stored Vessel” means any vessel not under the direct supervision and control of a person capable of operating the vessel and promptly moving the vessel from the locations designated in subsection (j) (2)(3)(4) and (5) of Ordinance NO. 2011-10.

To see the complete ordinance, click here.
To learn more about the FWC Pilot Program Statewide click here.
To see a map of the city’s waterways and learn more about the pilot program and the operations of the Municipal Marina, call 904.825.1027 or visit the marina’s web site here.

This City of St. Augustine recently welcomed two new fire trucks that we cant afford

This City of St. Augustine recently welcomed two new fire trucks into its arsenal of firefighting equipment replacing two trucks that have served the city well. The new equipment does far more than just replace aging equipment though; it give the department new tools that will increase responsiveness. And for firefighters, it is all about response, both arrival time and arriving with the right equipment.

Built to the city’s specifications, the two trucks are very different. The new pumper replaces one that has been in service since 1989, and brings with it increased pumping capabilities with a 1,500 gallon-per-minute pump for fighting fires. Along with this increase in powerful pumping capacity, the truck carries electronic monitors and gauges that make maximize use of water in the most precise manner.

Chief Mike Arnold (right) explains the functions of the

new 'quint" fire truck to Vice-Mayor Leanna Freeman, (left)

The other truck being replaced is the city’s 30-year old aerial truck, and in this case the community gets two-trucks-in-one as a replacement. Known as a “quint,” the truck is equipped with both a 77-foot extendable ladder, and has its own capability of pumping water. The name “quint” is a derivative of quintuple referring to the five elements of service the equipment provides: a pump, water tank, fire hose, aerial ladder, and ground ladders. The old aerial was just that – a straight aerial ladder. When used at a fire scene, it had to be accompanied by a pumper in order to flow water. Now when the quint arrives it brings height and much, much more to the scene of an emergency. This single piece of equipment greatly enhances the level of firefighting capacity for the department.

Commission Errol Jones, (left) and Mayor Joe Boles (right) learn about

the increased firefighting capabilities of one of the city's

two new fire trucks from Fire Chief Mike Arnold (center)

Of course the advances in truck design, safety equipment, maneuverability and so many other factors are part of the new equipment simply through the advancements over the last quarter century.
The new equipment was manufactured by Ferrara Fire Apparatus in New Orleans, Louisiana, and after about a week of training, both trucks will be fully operational. The replaced trucks were traded in as part of the purchase. The new pumper cost $300,000 and the quint cost $490,000.

Obama’s NDAA Signing Statement Is Meaningless

Barack Obama’s signing statement that was added to the passage of the NDAA bill in an effort to dampen concerns over the ‘indefinite detention’ provision of the bill is smoke and mirrors for a number of reasons – prime amongst them the fact that it was the White House itself – not lawmakers – who demanded Section 1031 be expanded to empower the government to detain U.S. citizens without trial.
On first reading, Obama’s signing statement appears to assuage fears that American citizens could be targeted for arrest and detention without trial.
“My administration will not authorize the indefinite military detention without trial of American citizens … Indeed, I believe that doing so would break with our most important traditions and values as a nation,” wrote Obama.
However, the statement is meaningless for a number of reasons.
Firstly, even if Obama manages to fulfil one of the rare occasions on which he keeps his word, this does nothing to stop future administrations from exercising the power to indefinitely detain American citizens without trial.
Secondly, the Obama administration is already carrying out even more egregious measures than those supposedly authorized within the NDAA, by targeting American citizens worldwide for state-sponsored assassination with no legal process whatsoever.http://www.prisonplanet.com/obamas-ndaa-signing-statement-is-meaningless.html