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Item T5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 19 February 2003 Division: Growth Management Bulk Item: Yes No X Department Marine Resources AGENDA ITEM WORDING: Approval of an ordinance revising Chapter 5.5, Boats, Docks, and Waterways, Article V. Section 5.5-108 (b) (1), Snake Creek. ITEM BACKGROUND: At the request of the Village Manager, Charles Baldwin, based on the recommendations the Village Nearshore Waters Committee and the approval of the Village Council, this ordinance revision would change the slow speed/minimum wake zone currently in place on Snake Creek to encompass the entire width of the creek. Currently the zone only extends 100 feet from the shore of Venetian Shores Subdivision along the length of the Creek. PREVIOUS RELEVANT BOCC ACTION: Ordinance 50-1995 — Creation of Snake Creek Slow Speed Minimum Wake Zone Ordinance 61-1996 — Revision of Snake Creek Ordinance CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval TOTAL COST: None BUDGETED: Yes N/A No COST TO COUNTY: None SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT Per Month Year APPROVED BY: County Atty X DIVISION DIRECTOR APPROVAL: DOCUMENTATION: DISPOSITION: Included X To Follow _ Not Required AGENDA ITEM NO.: BC030220 01/27/03 2:11 PM Marine Resources ORDINANCE NO. 2003 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS MAKING A REVISION TO THE SNAKE CREEK REGULATORY ZONE IN CHAPTER 5.5 MONROE COUNTY CODE (BOATS, DOCKS, AND WATERWAYS), PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCE CLAUSES, PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in order to protect the public health and safety, the Board of County Commissioners created a boating restricted area at Snake Creek; and WHEREAS, the City of Islamorada, Village of Islands has requested that Monroe County revise the current boating restricted area at Snake Creek to further protect the public health and safety; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT the following revision is made to Chapter 5.5, Monroe County Code: Section 1. Revise Sec. 5.5-108 (b) (1) to read: Snake Creek: To include the entire width of Snake Creek, from 100 feet south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of the residential shoreline of the Venetian Shores subdivision, Plantation Key. Section 2. Severability 0rdSnakeCrkRevSSMW030115 12/27/02 1:49 PM Marine Resources If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 3. Repeal of inconsistent ordinance clauses. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. i Section 4. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. Effective date. This Ordinance shall be filed with the Office of the Secretary of State of the State of Florida, and will take effect upon receipt by that agency. 0rdSnakeCrkRevSSMW030115 12/27/02 1:49 PM Marine Resources PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held onthe 19th day of Febuga , A.D., 2003. Mayor Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner George Neugent Commissioner Charles McCoy Commissioner David Rice BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA MAYOR/CHAIR PERSON (SEAL) ATTEST: DANNY 1. KOLHAGE, CLERK BY: DEPUTY CLERK OrdSnakeCrkRevSSMW030115 12/27/02 1:49 PM APPROVED AS TO FORM AND LIKS1 ICIEN ATTORNEY'S OFFI E