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Item I11C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting June 20, 2018 Agenda Item Number: I.11 Agenda Item Summary #4290 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805 No AGENDA ITEM WORDING: Permission to advertise a Public Hearing for July 18, 2018, at the Marathon Government Center in Marathon, to consider adoption of an Ordinance amending Chapter 26 of the Monroe County Code to prohibit floating structures in County waters. ITEM BACKGROUND: Monroe County has identified that it has become an increasingly common practice to moor, anchor, or otherwise affix floating structures to unpermitted or otherwise unlawful objects lying on submerged lands, to government -owned uplands, or to coastal vegetation protected by federal, state, or local laws pursuant to an endangered, threatened, or species of special concern designation or listing. These floating structures present a dangerous public safety, navigational, and environmental hazard, and the County has received complaints from concerned residents regarding these effects. Prohibiting these floating structures will promote the health, safety, and welfare of visitors to and residents of the County. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Draft Ordinance FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Emily Schemper Completed Peter Morris Completed Assistant County Administrator Christine Hurley 06/04/2018 9:31 AM Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 05/31/2018 9:49 PM 06/01/2018 11:49 AM Completed 06/04/2018 10:06 AM 06/04/2018 10:59 AM 06/04/2018 11:36 AM 06/20/2018 9:00 AM WHEREAS, the Court, by adopting the foregoing objective purposive test in that certain Lozinan decision, eliminated consideration of the owner's subjective » ® © © ©© sel status determinations. and WHEREAS, the Board finds and sc,«§® that while »:2 ir , t certain Lozinan decision, held that "lack of self-propulsion is not dispositive" of whether an entity constitutes a 44 vessel" within the meaning of said Act, the Court nonetheless held that "lack of self-propulsion" may be a relevant physical characteristic to consider in deciding whether an entity constitutes a "vessel"; and �-" MN MI - - - . - 0 . . V 1 I I - a 9 �, w" .� tsl_pi :r .� 1 PETER MORRIS