Item N1BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
Ile Florida Keys 4� �� � m i =U, Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
August 16, 2017
Agenda Item Number: N.1
Agenda Item Summary #3193
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Chris Rivera (305) 292 -4523
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending
Sec. 18- 27(c)(1) and adding a special section in Chapter 18, Article II of the Monroe County Code
regarding park hours and other park regulations specific to Bernstein Park as directed by the BOCC
on May 17, 2017.
ITEM BACKGROUND: The Parks and Recreation Board discussed the park regulations and
heard public input at its April 17, 2017, meeting due to the upcoming opening of the renovated park.
After hearing discussion, the Board voted to recommend that the BOCC change the current
ordinances to provide for specific regulations for the children's area, revise the hours of operation
and restroom hours, and to maintain all other current park regulations. The proposed ordinance
reflects the recommendations considered by the BOCC at its May 17, 2017 meeting and, pursuant to
BOCC direction, is being brought to the BOCC for their consideration at this scheduled public
hearing.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 7/19/17 (C -21) BOCC approved /scheduled a public hearing to consider approval of this
proposed ordinance for the BOCC 8/16/17 meeting at 3:00 p.m. or as soon thereafter as may be
heard.
BOCC 5/17/17 BOCC considered proposed ordinance changes and directed staff to draft a proposed
ordinance reflecting the changes.
CONTRACT /AGREEMENT CHANGES:
Add park regulations specific to Bernstein Park
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Bernstein Park Ordinance (proposed changes for 8- 16 -17)
Bernstein Park Ordinance (final for 8-16-17- 1 egad stamped)
Notice of I nt to Consider Adoption of Co Ord Bernstein Park 75 17
FINANCIAL IMPACT:
Effective Date: Upon adoption /receipt of fully executed ordinance by the FL Dept. of State
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted: N/A
Source of Funds: Parks facilities maintenance funds
CPI: N/A
Indirect Costs: General maintenance costs such as signage, etc.
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
REVIEWED BY:
Patricia Eables
Completed
08/01/2017 1:14 PM
Bob Shillinger
Completed
08/01/2017 2:06 PM
Budget and Finance
Completed
08/01/2017 3:41 PM
Maria Slavik
Completed
08/01/2017 4:48 PM
Kathy Peters
Completed
08/01/2017 5:09 PM
Board of County Commissioners
Pending
08/16/2017 9:00 AM
ORDINANCE -2017
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 18 -27(c) OF THE MONROE
COUNTY CODE BY THE ADDITION TO SECTION 18-
27(c)(1) OF BERSTEIN PARK'S UPDATED HOURS; AND
AMENDING CHAPTER 18, ARTICLE II, TO INCLUDE A
SECTION ON CONDUCT SPECIFIC TO BERNSTEIN
PARK FOR CHILDREN'S PARK REGULATION AND
RESTROOM FACILITIES' HOURS; AND PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, under Florida Statutes Section 125.01(1)(f), the Board of County
Commissioners (BOCC) for Monroe County is granted the authority, among others, to provide
parks, playgrounds and recreation areas; and
WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best
interests of the citizens of Monroe County; and
WHEREAS, under Florida Statutes Section 125.74(1)(g), the County Administrator has
the authority to supervise the care and custody of all County property; and
WHEREAS, the County desires to clarify the hours of operation for Bernstein Park and
the hours set forth herein are effective at the stated Park; and
WHEREAS, the County desires to limit access of restroom facilities at Bernstein Park
only to the hours the park is open; and
WHEREAS, the County desires to set aside as safe as possible an area for minor children
to play within Bernstein Park, thus, restricting access to the children's park as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
COUNTY CODE IS HEREBY AMENDED AS FOLLOWS:
[Proposed Text Changes are presented in you to indicate deletions and underline
to indicate additions.]
1
SECTION 1: Section 18 -27(c) Park hom Shall be amended as follows:
(c) Park hou rs.
(1) The parks and beaches listed above are open to the public, Monday through
Sunday, for 7:30 a.m. until sunset with the following exceptions:
• Bay Point Park and Bemstein Pafk aFe is open every day from 7:30 a.m.
until 10:30 p.m.;
• Bernstein Park is o ep n every day from 7:00 a.m. until 10:00 p.m.
• Big Coppitt Volunteer Fire Department is open every day from 7:30 a.m
until 10:00 p.m.;
• Burr Beach Park is open every day from sunrise until sunset;
• Friendship Park is open every day from 7:30 a.m. until 8:30 p.m.;
• Key Largo Community Park is open every day from 7:00 a.m. to 9:00
p.m.;
• Murray E. Nelson Government Center Park is open every day from 7:00
a.m. until 9:00 p.m.;
• Big Pine Key Park is open every day from 7:30 a.m. to 8:30 p.m.;
• Watson Field Park is open every day from 7:30 a.m. to 10:00 p.m.
SECTION 2: ARTICLE 1I. CONDUCT IN SPECIFIC PARKS. Shall be amended as
follows by creating an additional separate section titled "Bernstein Park" to include the following
language:
(a) Definitions. The following words, terms, and phrases, . when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning;
Bernstein Park means the area described as follows: Lots 1, 2, 3, 4, and 5, Block 57, George
L. McDonald's Plat of Part of Stock Island, less the Westerly eight feet of Lot 1 and less the
Easterly 30 feet of Lot 5, according to the plat thereof as recorded in Plat Book 1, Page 55, of the
Public Records of Monroe County, Florida. Also a parcel of submerged land lying South of such
Block 57, less that portion sold to Stock Island Utility Company by Warranty Deed recorded in
Official Records Book_ 886,_Pages_2446 -2450, of the Public Records of Monroe County, Florida,
TWP. 67168 RNG. 25 SEC. 35, 36 & 2 RE# 12385 OR 380 - 381 -382.
Children's Park means the portion of Bernstein Park that the County Administrator or his
designee has, for purposes of public safety and welfare, caused to be enclosed by fencing � f any
type, including, but not limited to chainlink fencing and post- and -rail fencing, and has po
with signs identifying the enclosed area as a children's park.
(b) Restrooms to be closed during. certain hours. Restroom facilities at Bernstein Park
shall be closed from 10:00 p.m. to 7:00 a.m. and no person shall enter or fuse such
facilit for or any purpose during those hours.
2
(c) Children's nark- regulation. No person over the age of 14 other than a ap rent•
guardian or other responsible person is allowed in the designated children's park
area(s) unless accompanied by a child 14 years of age or younger.
SECTION 3: SEVEABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 5: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
SECTION 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed
with the Department of State and shall be effective as provided in section 125.66(2), Florida
Statutes.
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 , 2017.
Mayor George Neugent
Mayor Pro Tern David Rice
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
C
By By-
Deputy Clerk Mayor /Chairperson
MO OE COUNTY ATTORNEY'S OFFICE
41OVED AS TO J M
S' P ICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE: z Packet Pg. 1415
ORDINANCE _-2017
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 18 -27(c) OF THE MONROE
COUNTY CODE BY THE ADDITION TO SECTION 18-
27(c)(1) OF BERSTEIN PARK'S UPDATED HOURS; AND
AMENDING CHAPTER 18, ARTICLE II, TO INCLUDE A
SECTION ON CONDUCT SPECIFIC TO BERNSTEIN
PARK FOR CHILDREN'S PARK REGULATION AND
RESTROOM FACILITIES' HOURS; AND PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, under Florida Statutes Section 125.01(1)(f), the Board of County
Commissioners (BOCC) for Monroe County is granted the authority, among others, to provide
parks, playgrounds and recreation areas; and
WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best
interests of the citizens of Monroe County; and
WHEREAS, under Florida Statutes Section 125.74(1)(g), the County Administrator has
the authority to supervise the care and custody of all County property; and
WHEREAS, the County desires to clarify the hours of operation for Bernstein Park and
the hours set forth herein are effective at the stated Park; and
WHEREAS, the County desires to limit access of restroom facilities at Bernstein Park
only to the hours the park is open; and
WHEREAS, the County desires to set aside as safe as possible an area for minor children
to play within Bernstein Park, thus, restricting access to the children's park as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
COUNTY CODE IS HEREBY AMENDED AS FOLLOWS:
SECTION 1: Section 18 -27(c) Park hours. Shall be amended as follows:
1,
(c) Parr;. hours.
(1) The parks and beaches listed above are open to the public, Monday through
Sunday, for 7:30 a.m. until sunset with the following exceptions:
• Bay Point Park is open every day from 7:30 a,.m. until 10:30 p.m.;
• Bernstein Park is open every day from 7:00 a.m. until 10:00 p.m.;
• Big Coppitt Volunteer Fire Department is open every day from 7:30 a.m.
until 10:00 p.m.;
• Burr Beach Park is open every day from sunrise until sunset;
• Friendship Park is open every day from 7:30 a.m. until 8:30 p.m.;
• Key Largo Community Park is open every day from 7:00 a.m. to 9:00
p.m.;
• Murray E. Nelson Government Center Park is open every day from 7:00
a.m. until 9:00 p.m.;
• Big Pine Key Park is open every day from 7:30 a.m. to 8:30 p.m.;
• Watson Field Park is open every day from 7:30 a.m. to 10:00 p.m.
SECTION 2: ARTICLE II. CONDUCT IN SPECIFIC PARKS. Shall be amended as
follows by creating an additional separate section titled "Bernstein Park" to include the following
language:
(a) Definitions. The following words, terms, and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Benistein Park means the area described as follows: Lots 1, 2, 3, 4, and 5, Block 57, George
L. McDonald's Plat of Part of Stock Island, less the Westerly eight feet of Lot 1 and less the
Easterly 30 feet of Lot 5, according to the plat thereof as recorded in Plat Book 1, Page 55, of the
Public Records of Monroe County, Florida. Also a parcel of submerged land lying South of such
Block 57, less that portion sold to Stock Island Utility Company by Warranty Deed recorded in
Official Records Book 886, Pages 2446 -2450, of the Public Records of Monroe County, Florida,
TWP. 67/68 RNG. 25 SEC. 35, 36 & 2 RE# 12385 OR 380 -381 -382.
Children's Park means the portion of Bernstein Park that the County Administrator or his
designee has, for purposes of public safety and welfare, caused to be enclosed by fencing of any
type, including, but not limited to chainlink fencing and post - and -rail fencing, and has posted
with signs identifying the enclosed area as a children's park.
(b) Restrooms to be closed during certain hours. Restroom facilities at Bernstein Park
shall be closed from 10:00 p.m. to 7:00 a.m. and no person shall enter or use such
facility for any purpose during those hours.
(c) Children's park regulation. No person over the age of 14 other than a parent,
guardian, or other responsible person is allowed in the designated children's park
area(s) unless accompanied by a child 14 years of age or younger.
2
SECTION 3: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances..
SECTION 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 5: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
SECTION 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed
with the Department of State and shall be effective as provided in section 125.66(2), Florida
Statutes.
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 , 2017.
Mayor George Neugent
Mayor Pro Tern David Rice
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL)
Attest: KEVIN MADOK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Im
2
Deputy Clerk Mayor /Chairperson
MONROE COUNTY ATTORNEY'S OFFICE
P LOVED AS TO F R
PATRICIA FABLES
ASSISTANT COUNTY ATTORNEY
DATE: -.
NOTI CE OF I NTENTI ON TO CONS DER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 16, 2017 at 3:00
P.M., or as soon thereafter as may be heard, in the Harvey Government Center, 1200 Truman
Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe
County, Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 18 -27(c) OF THE MONROE COUNTY
CODE BY THE ADDITION TO SECTION 18- 27(c)(1) OF
BERNSTEIN PARK'S UPDATED HOURS; AND AMENDING
CHAPTER 18, ARTICLE II, TO INCLUDE A SECTION ON
CONDUCT SPECIFIC TO BERNSTEIN PARK FOR CHILDREN'S
PARK REGULATION AND RESTROOM FACILITIES' HOURS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, 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 scheduled
meeting; if you are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 19 day of July, 2017.
(SEAL)
Publication dates:
KEVIN MADOK, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
KW Citizen (Mo) 7/24/17
Keynoter (Wed) 7/26/17
Reporter (Fr) 7/28/17