Item D3 County of Sn BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
Mayor Pro Tern David Rice,District 4
Craig Cates,District I
MonroMonroe Eddie Martinez,District 3
e Mike Forster,District 5
County Commission Meeting
June 21,2021
Agenda Item Summary #8398
BULK ITEM: No DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
No •
AGENDA ITEM WORDING: Discussion, Direction, and possible approval of a resolution setting
closure days and times for the Bay Drive extension of North Bay Harbor Drive sometimes referred
to as Sunset Park 2.
ITEM BACKGROUND: At its 16 June 2021 meeting the Board directed staff to propose options
for closure of the subject Right of Way because of the hardship its use creates for the surrounding
neighborhood. Staff was also directed to prepare a resolution of the Board of County
Commissioners to prohibit parking on the Right of Way in the surrounding neighborhood. That
resolution is prepared and is on the 21 June 2021 special BOCC meeting agenda for approval.
Staff has prepared a draft resolution that closes Bay Drive effective June 22, 2021 at 7 pm until
further resolution of the Board. The draft resolution authorizes the Sheriff to issue trespass warnings
and arrest persons found on Bay Drive but includes an exception for County employees performing
official duties. The draft resolution directs the County Administrator to investigate and present
alternatives for the Board's consideration at a future BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION:
16 June 2021 BOCC directed staff to bring forth closure options for the short term
and to investigate long term solutions.
15 June 2011 BOCC adopted Resolution 165-2011 establishing rules for the use
of the recreation area at the end of Bay Drive(copy attached as backup)
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Discussion and approval of proposed resolution.
DOCUMENTATION:
Draft Bay Drive resolution
Resolution 165-2011
Bay Drive Draft Resolution
FINANCIAL IMPACT:
Effective Date: upon adoption
Expiration Date: TBD
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: staff time
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: None
N/A
REVIEWED BY:
Kevin Wilson Completed 06/20/2021 2:16 PM
Bob Shillinger Completed 06/20/2021 3:39 PM
Purchasing Skipped 06/20/2021 1:35 PM
Budget and Finance Skipped 06/20/2021 1:35 PM
Maria Slavik Skipped 06/20/2021 1:35 PM
Liz Yongue Pending
Board of County Commissioners Pending 07/21/2021 9:00 AM
RESOLUTION NO. 165 -2011
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS SETTING RULES FOR USE
OF BAY DRIVE, SUNSET POINT, PB 2, PAGE 81, KEY
LARGO,FLORIDA.
WHEREAS, Bay Drive is a county road located in Key Largo;and
WHEREAS,the end of Bay Drive is used for recreation purposes,and
WHEREAS,the area has become congested and is being misused;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,that:
Section 1. The following rules are established for the recreation area located at the end of
Bay Drive, Sunset Point,PB 2,PAGE 81,Key Largo, Florida:
1) The area is open to the public,Monday through Sunday,from 7:30 a.m. until sunset;
2) No alcoholic beverages are allowed;
3) No glass containers are allowed;
4) No person shall cook or light or maintain any cooking fire, campfire, or other fire,
except in county-provided permanently installed grill structures;
5) Domestic animals are prohibited,except for animals that assist disabled persons;
6) Commercial activity of any type is not permitted;
7) The director of facilities maintenance must post signs in the area to briefly summarize
the rules established by this Resolution.
Section 2. The Clerk of Courts is requested to provide a certified copy of this Resolution
to the Monroe County Sheriff's Office.
PASSED AND ADOPTED by the Board of County Commissioners of MgnrOiv Cc®ty,r2
Florida,at a regular meeting held on the 15th day of June,2011.
c o
z
Mayor Heather Carruthers Yes ^' o
Mayor Pro Tem David Rice Yes
A106 Commissioner Kim Wigington Yes XI.
y s Commissioner George Neugent Yes ,.n a 0
Commissioner Sylvia J. Murphy Yes "r m o
I §;t t : BOARD OF COUNTY COMMISSIONERS
L 's - L. KOLHAGE,CLERK OF MONROE CO Y,FLORIDA
i Ai BY: BY:
P-puty Clerk COUNTY A R y hai
E AS TO
PED
ASS U ATTORNEY
Date 41 /l i
RESOLUTION NO. -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,
RESCINDING RESOLUTION 165-2011; CLOSING PUBLIC
ACCESS TO BAY DRIVE,SUNSET POINT,PB 2,PAGE 81,
KEY LARGO, FLORIDA; AND DIRECTING STAFF TO
RECOMMEND OPTIONS FOR FUTURE USE OF THE
RIGHT OF WAY.
WHEREAS, F.S. I25.01(I)(m)vests the Board with the authority to regulate and control
usage of County roads; and
WHEREAS, Section 19-8 of the Monroe County Code authorizes the Board to place
restrictions on the use of County roads after following a public process set forth in subsection (b);
and
WHEREAS,Section 19-8(d)authorizes the Board to immediately place restrictions on the
use of County roads, including closure, `for safety, investigative, or other emergency related
purposes", notwithstanding the requirements set forth in Section 19-8(b);and
WHEREAS, Bay Drive is a County road located in Key Largo as shown on Plat Book 2,
Page 81,a copy of which is attached hereto and incorporated herein as Exhibit A to this Resolution;
and
WHEREAS, the unpaved end of Bay Drive has been used as a recreation area where it
intersects with the water; and
WHEREAS,due to prior complaints regarding the unregulated use of Bay Drive,the Board
adopted rules for the use of the end of Bay Drive as a recreation area in Resolution 165-2011; and
WHEREAS,despite the rules set forth in Resolution 165-2011, the area has become even
more congested and is currently being misused; and
WHEREAS,during its regular meeting held on June 16,2021,the Board heard testimony
from members of the surrounding community describing and saw photographic evidence
depicting the misuse of the end of Bay Drive and the surrounding neighborhood; and
WHERAS, based upon that testimony and evidence,the Board finds, pursuant to Section
19-8(d)of the Monroe County Code,that is in the best interests of the health, safety,and welfare
of the community to temporarily close the end of Bay Drive to give staff time to investigate and
develop a new plan for use and management of Bay Drive.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
SECTION 1: The Board incorporates the above-stated whereas clauses as
legislative findings of the Board.
1
SECTION 2: The Board hereby authorizes and directs the closure of Bay
Drive, Sunset Point, PB 2, Page 81, Key Largo, Florida as of June 22, 2021 at 7 p.m. until
further resolution of the Board.
SECTION 3: Resolution 165-2011 is hereby rescinded in its entirety.
SECTION 4: The Clerk is directed to provide a copy of this Resolution to the
Monroe County Sheriff.
SECTION 5: The Sheriff and his deputies are authorized to issue trespass
warnings to and arrest any person,other than a County employee performing official duties,
who is found on Bay Drive after this resolution takes effect.The Board respectfully requests
that the Sheriff consider providing enhanced law enforcement during the first weeks after
this resolution takes effect.
SECTION 6: The Board directs the County Administrator and his staff to
investigate alternatives that would provide for the safe usage of Bay Drive that is consistent
with the health, safety, and welfare of the surrounding neighborhood and Monroe County.
The Board directs the Administrator to present recommendations for use of Bay Drive at
future BOCC meetings.
SECTION 7: This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of ,2021.
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster
(SEAL)
Attest: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA
By:
As Deputy Clerk Mayor Michelle Coldiron
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