Resolution 118-2017RESOLUTION NO. 118 - 2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
REQUESTING THE UNITED STATES' BUREAU OF LAND
MANAGEMENT TO ISSUE A PARTIAL CLOSURE ORDER
FOR WISTERIA ISLAND IN ORDER TO ENABLE LOCAL
LAW ENFORCEMENT OFFICIALS TO BETTER ADDRESS
ONGOING ISSUES THAT THREATEN THE HEALTH,
SAFETY, AND WELFARE OF THE LOCAL COMMUNITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Wisteria Island is a manmade spoil island located within the
unincorporated portion of Monroe County, Florida; and
WHEREAS, there is a dispute over ownership of Wisteria Island between the United
States' government and the F.E.B. Corporation, a for profit Florida corporation; and
WHEREAS, that ownership dispute remains unresolved as a result of the 11 Circuit
Court of Appeals decision in F.E.B. Corp. v. United States, 818 F.3d 681 (11 Cir. 2016); and
WHEREAS, the U.S. Bureau of Land Management (BLM) is the agency charged with
managing the island for the federal government; and
WHEREAS, the unresolved ownership dispute has had the unintended consequence of
allowing squatters to take up residence on Wisteria Island; and
WHEREAS, the Commission has been presented with information from the Sheriff of
Monroe County and others which indicates that the current conditions on Wisteria Island caused
by at least some of those squatters constitute a threat to the health, safety, and welfare of the
environment of the island itself and its nearby waters, as well as to those residents of and visitors
to Monroe County who might otherwise like to engage in lawful recreational activities on the
island; and
WHEREAS, that information includes reports of:
a) makeshifts camps intended for long term habitation without
adequate sanitation facilities;
b) illegal drug activity including marijuana cultivation;
c) illegal dumping in amounts that exceed the felony dumping
threshold;
d) sharp debris such as discarded needles and broken glass, which
present a safety hazard to those walking on the island;
Pagel of 3
WHEREAS, the BLM's normal protocol is to promote public use of federal lands unless
circumstances exist which demonstrate a need to restrict public access; and
WHEREAS, Board finds that the lawless conditions currently existing on Wisteria Island
not only negatively impact the health, safety, and welfare of the natural resources on the island
but, in reality, those same conditions serve to actively discourage many residents of and visitors
to Monroe County from engaging in lawful recreational activities on the island; and
WHEREAS, the Sheriff has advised that creating reasonable rules regarding appropriate
use and public access to Wisteria Island would better enable his deputies and other law
enforcement officers to remedy the current unlawful activity taking place on the island; and
WHEREAS, F.E.B. Corp., the other putative owner of Wisteria Island, has requested the
assistance of law enforcement and other local agencies in remedying the current unlawful
activity on the island; and
WHEREAS, by adopting this resolution, the County Commission takes no position on
whether Wisteria Island is owned by F.E.B. Corp. or the U.S. government; and
WHEREAS, this resolution should be interpreted as nothing more than recognition of
one of the consequences of the title dispute over Wisteria Island but in no way a determination
by the Board on which putative owner actually owns the island;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Sect ion 1. The U.S. Bureau of Land Management is respectfully requested to issue a
partial closure order for Wisteria Island that would close the island
between the hours of 5 p.m. and 8 a.m..
Sect ion 2. This resolution shall take immediate effect upon its adoption.
Sect ion 3. The Clerk is directed to send a certified copy of this resolution to the
Bureau of Land Management c /o: Sally Spencer, Acting District Manager,
Page 2 of 3
Southeastern States District Office, Bureau of Land Management, 273
Market Street, Flowood, MS 39232.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting of said Board held on the 12 day of April, 2017 in Marathon, Florida.
Mayor George Neugent
Yes
Mayor Pro Tern David Rice
Yes
Commissioner Danny Kolhage
Yes
Commissioner Heather Carruthers
Yes
Commissioner Sylvia Murphy
Y es
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
KKAIAIadok, Clerk
By: By:
Deputy Clerk `Mayor
MONROE COUNTY ATTORNEY
Q1 ,R
VED TO FORM:
ROWRT 8. SMLLINOER, JR.
N
CL
C
O
Ob
Page 3 of 3
p` �� t couRr
V`. gJ�M GUipU�.
you �
Kevin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
April 20, 2017
Bureau of Land Management
%Sally Spencer, Acting District Manager
Southeastern States District Office
273 Market Street
Flowood MS 39232
Dear Ms. Spencer,
Attached is a certified copy of Resolution No. 118 -2017 requesting the United States'
Bureau of Land Management to issue a partial closure order for Wisteria Island in order to enable
local law enforcement officials to better address ongoing issues that threaten the health, safety,
and welfare of the community; and providing for an effective date.
The Resolution was adopted by the Monroe County Board of County Commissioners, at a
regular meeting held in formal session, on April 12, 2017. Should you have any questions, please
feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex- officio to the
Monroe County Board of County
Commissioners
By: Pamela G. Hancock, D.C.
cc: File
KEYWEST OFFICE MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
KeyWest, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
PK/ROTH OFFICE
50 High Point Road
Plantation Key, Florida 33(
RECEIVED
FLORIDA KEYS
KEYNOTER Ad#0002996165 APR 6 2017
Published Twice Weekly NOTICE OF INTENTION TO
CONSIDER
Marathon, Monroe County, Florida COUNTY R SOOLUTI ONOF MONROE COUNTY ATTORNEY
PROOF O F PUBLICATION NOTICE HEREBY GIVEN
TO WHOMM IT MAYB CONCERN
that on April 12,2017 at 3:00
P.M.,or as soon thereafter
STATE OF FLORIDA as may be heard,in the Com-
mission Chambers located in
COUNTY OF MONROE the Marathon Government
High-
BeforeC the undersigned authoritypersonallyway,M r2a h Overseas 9 way,Marathon,Monroe
appeared RICHARD TAMBORRINO who on County,Florida, the Board of
oath, says that he is PUBLISHER of the County Commissioners of
in-
FLORIDA KEYS KEYNOTER, a twice weeklytendon Florida,t tendss t to consider
er the adoption
newspaper published in Marathon, in Monroe of the following County resolu-
County, Florida: that the attached copy of Lion:
advertisement was published in said A RESOLUTION OF THE
newspaper in the issues of: (date(s) of BOARD OF COUNTY COM-
publfr-arjon) MISSIONERS OF MONROE
COUNTY,FLORIDA
2Pg/ �/� /�/ %9/?
REQUESTING THE UNITED
�j STATES' O
BUREAU OF LAND
• MANAGEMENT TO ISSUE A
PARTIAL CLOSURE ORDER
FOR WISTERIA ISLAND IN
ORDER TO ENABLE LOCAL
O
Affiant further says that the said FLORIDA LAW ENFORCEMENT
Y OFFICIALS
TO BET
LS TO BETTER AD-
KEYS KEYNOTER is a newspaper published at DRESS ONGOING ISSUES
Marathon, in said Monroe County, Florida, and THAT THREATEN THE
that the said newspaper has heretofore been HEALTH,SAFETY,AND
WELFARETHE OF THE LOCAL
continuously published in said Monroe County, COMMUNITY;AND PROVID-
Florida, twice each week (on Wednesday and ING FOR AN EFFECTIVE
Saturday) and has been entered as a second DATE.
class mail matter at the post office in ADA ASSISTANCE:If you
Marathon, in Monroe County, Florida, for a are a person with a disability
n
period of one year next preceding the first who needs order
accom-
modations in order to partici-
publication of the attached copy of pate in this proceeding,
advertisement. The affiant further says that please contact the County
Admy
he has neither paid nor promised any person, phoninggt(305)'2 Office,,be-
firm, (305)292-4441,be-
firm, or corporation any discount, rebate, tween the hours of 8:30 a.m.
commission or refund for the purpose of •5:00 p.m.,no later than five
(5)securing this advertisement for publication in scheduled u days prior; fto the
meeting;if you
the said newspaper(s) and that The Florida are hearing or voice
Keys Keynoter is in full compliance with impaired,call"711".
Chapter 50 f the Florida State Statutes on
Dated at Key West,Florida,
Legal Official Advertisements.
1 this 22nd day of March,2017.
�/T KEVIN MADOK,Clerk of the
7 Circuit Court(SEAL)and ex
officio Clerk of the Board of
CRichard Tamborrino, Publisher Monroeo County, ioneraof
County,Florida
Sworn to and subscribed before me this Published March 29,2017
Florida Keys Keynoter
rc,Day of L- ,6A, , 2017
Not
(SEAL)
Pv ��
+°`'� nf . BEVERLY TRAEGER
• trM,; MY COMMISSION#FF 108704
`�= EXPIRES:April 8 2018
,Foe;\°?. Bonded Thr nl 1
u Notary Underwriters
• RECEIVED
z-'—'77,-- :: 'ritE2CKEY WEST APR 1 0 2017
ITI7N STATE OF FLORIDA
The Ronde Keys Only Daily Newspaper,Est.18713
Cooke Communications, LLC COUNTY OF MONROE MONROE COUNTY ATTORN
Florida Keys
Po Box 1800 Before the undersigned authority personally appeared Paul Clarin,who on
Key West Fl 33041 oath says that he is Publisher of the Key West Citizen, a daily newspaper
Offt 305-292-7777 published in Key West, in Monroe County, Florida; that the attached copy of
Extension...x219
Fax 305-295-8025 advertisement, being a legal notice in the matter of
lNOT NOTICE OF INTENTION
TO N(A-zoL_ )� -`1-U nlit 61001u �. `OF INTENTION TOAlit W
CONSIDER ADOPTION OF �J
COUNTY RESOLUTION Q C C {�_ �,)
NOTICE IS HEREBY GIVEN V -'''�*;/- �° �cc ?PIAA I CAoudtec— �'V IS— .r6,p, /IAA
TO WHOM IT MAY CONCERN
that on April 12,2017 at 3:00
P.M.,or as soon thereafter as was published in said newspaper in the issue(s)of
may be heard,in the
Commission Chambers ' ^y
located insthe Marathon f\ PS0("\.
ZCOIl //
•
Government Center,2798
Overseas Highway, Marathon,
Monroe County,Florida,the Affiant further says that the Key West Citizen is a newspaper published in
Board of County Key West, in said Monroe County, Florida and that the said newspaper has
Commissioners of Monroe
County, Florida,intends to heretofore been continuously published in said Monroe County, Florida every
consider the adoption of the day, and has been entered as second-class mail matter at the post office in Key
following County resolution:
West, in said Monroe County, Florida, for a period of 1 year next preceding
A O BOARDEARD OF COUNTY the first publication of the attached copy of advertisement; and affiant further
COMMISSIONERS OF says that he has neither paid nor promised any person, firm or corporation any
MONROE COUNTY, FLORIDA rebate,THE UNITED discount, commission or refund for the purpose of securing this
STATES' BUREAU OF LAND advertisement for publication in the said newspaper.
MANAGEMENT TO ISSUE A
PARTIAL CLOSURE ORDER
FOR WISTERIA ISLAND IN
ORDER TO ENABLE LOCAL
LAW ENFORCEMENT
OFFICIALS TO BETTER Signature of Affiant
ADDRESS ONGOING ISSUES
THAT THREATEN THE
HEALTH,SAFETY,AND
WELFARE OF THE LOCAL
COMMUNITY;AND Sworn and subscribed before me this day of March, 2017
PROVIDING FOR AN
EFFECTIVE DATE.
ADA ASSISTANCE: If you area IAN%
DAWN I(AWZINSKY I;
person with a disability who Notary Public: MY COMMISSION It FF 944194 15
needs special accommodations �`:: EXPIRES:January 4,2020
li
in order to participate in this •4�P4 Bonded Thru Notary Pudic Underwriters
= ..
proceeding, please contact the V.
County Administrator's Office, \Y`
by phoning(305)292-4441,
between the hours of 8:30 a.m.
-5:00 p.m., no later than five(5)
calendar days prior to the Dawn Kawzinsky
scheduled meeting;if you are Expires: 1/4/2020 Notary Seal
hearing or voice impaired,call
"711".
Dated at Key West, Florida,this
22nd day of March,2017. Personally Known x Produced Identification
KEVIN MADOK,Clerk or the Type of Identification Produced
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
March 29,2017
Key West Citizen