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Item C34 C.34 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: C.34 Agenda Item Summary #5598 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549 N/A AGENDA ITEM WORDING: Approval to advertise a public hearing to be held at the June 19, 2019 BOCC meeting for approval of an ordinance amending and incorporating the terms of Ordinance 020-2016, which created Rowell's Waterfront Park and established certain rules. ITEM BACKGROUND: In 2016, the BOCC wanted to open Rowell's Waterfront Park to the public for the Memorial Day weekend. In order to do so, an appropriate Emergency Ordinance No.020-2016 was approved by the BOCC on May 18, 2016, that set forth the initial operating hours and rules for Rowell's Waterfront Park. The Emergency Ordinance was necessary in order to provide local law enforcement the authority to enforce the rules. It was the intention of the BOCC to later review the ordinance and conduct public hearings to finalize the rules and regulations for the park and, therefore, the ordinance was not codified at that time. The Parks & Recreation Advisory Board held a public meeting on April 15, 2019 and made additional recommendations to be included in a new ordinance. A more comprehensive ordinance has been drafted and the BOCC will seek further public discussion and input at its June 19, 2019, BOCC meeting, to finalize a new ordinance for approval and inclusion in the Monroe County Code of Ordinances. PREVIOUS RELEVANT BOCC ACTION: December 2013 County purchased the property formerly known as Rowell's Marina to provide additional recreational and open space for County residents by eventually converting the property into a public park. May 18, 2016 BOCC approved an Emergency Ordinance creating Rowell's Waterfront Park and providing park hours and permissible and prohibited activities. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to advertise . Packet Pg. 975 C.34 DOCUMENTATION: Rowell's Ordinance (proposed draft legal stamped) Ordinance 020-2016 Rowells FINANCIAL IMPACT: Effective Date: upon approval and acknowledgement by Florida Department of State Expiration Date: N/A Total Dollar Value of Contract: Cost to advertise Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: None N/A REVIEWED BY: Patricia Eables Completed 05/07/2019 4:58 PM Kevin Wilson Completed 05/07/2019 5:24 PM William DeSantis Completed 05/07/2019 5:28 PM Budget and Finance Completed 05/07/2019 5:59 PM Maria Slavik Completed 05/07/2019 6:42 PM Kathy Peters Completed 05/07/2019 7:44 PM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 976 C.34.a ORDINANCE NO. -2019 U) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, 0 PROVIDING FOR PARK HOURS AT ROWELL'S WATERFRONT PARK; PROVIDING FOR PERMISSIBLE AND PROHIBITED ACTIVITIES; PROVIDING FOR PENALITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDIANNCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. a WHEREAS, under Florida Statute, , Section 125.01(1)(�f), the Board of County .2 Commissioners for Monroe County (BOCC) is granted the authority"; among others, to provide parks, playgrounds, and recreation areas; and A WHEREAS, the BOCC finds'that public parks'and recreation areas provide sites where the families and citizens of Monroe County can benefit from and engage in healthy recreational activities; 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, in December'2013, the County purchased the property formerly known as Rowell's Marina to provide additional recreational opportunities and open space for County residents by eventually converting the property into a public park; and WHEREAS, in May 2016, the BOCC found that providing Rowell's Waterfront Park in a� Key Largo'as a free and open public recreational area on Memorial Day Weekend 2016 would offer a recreational park area that would benefit the families and citizens of Monroe County by allowing community events to take place at the property; and 0 0. WHEREAS, under Florida Statute, Section 125.66(3), the BOCC is granted the authority h for emergency enactment ofordinances; and -~ WHEREAS, on May 18, 2016, the BOCC enacted Emergency Ordinance No. 020-2016, to express the vision and desire of the BOCC to immediately provide and make available Rowell's Waterfront Park as a public park beginning on Memorial Day Weekend 2016 through emergency enactment of its Ordinance as permitted by Florida Statutes; and 3 0 WHEREAS, without proceeding through the emergency enactment, the opening of Rowell's Waterfront Park would have been delayed several months and it would not have been available for the public to enjoy and benefit from during an important holiday for Monroe County citizens, that being Memorial Day Weekend 2016; and 1 Packet Pg. 977 C.34.a WHEREAS, it was the intention of the BOCC at that time that Emergency Ordinance No. 020-2016 would create Rowell's Waterfront Park and establish the initial set of rules for the Park, , with a more comprehensive ordinance to be considered at a later date after public discussions and input, and that the future ordinance would be codified into the Monroe County Code of Ordinances after regular meetings as to the development, establishment, and implementation of Rowell's Waterfront Park; and WHEREAS,the County Parks& Recreation Advisory Board took public comments at its publicly noticed meeting on April 15, 2019, as to the desire of the public for amenities and uses of the Park and rules and regulations to be established; and WHEREAS, after hearing public comment, the Parks& Recreation Advisory Board unanimously voted to recommend to the BOCC that it establish certain rules and regulations for the Park, including such provisions regarding water access similar,-to those adopted by the BOCC for the Murray E.Nelson Government Center Park,,in°En ergency,Qrdinance No. 010-2019; and WHEREAS, the BOCC desires to also incorporate and expand, as necessary, the rules and regulations adopted in its Emergency Ordinance No. 020-2016, and those recently recommended by the Parks& Recreation Advisory,'Board; and a� WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public health and safety and promote safe use of Rowell's Waterfront Park; and WHEREAS,the Monroe County Sheriff and his`deputies'are authorized by law to enforce 0 Florida Laws and County Ordinances; and WHEREAS,Rowell's Waterfront Park must have written rules established by Ordinance in order for the Sheriff and his deputies to enforce those rules; and U) WHEREAS, it is the intention of the BOCC that this Ordinance shall establish a set of rules and regulations for Rowell's, Waterfront Park that are more comprehensive, after public discussion and input, and that this ordinance shall be codified into the Monroe County Code of Ordinances; U) NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 0. 0 COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent pertaining to this Ordinance. SECTION 2: ROWELL'S WATERFRONT PARK. For purposes of this Ordinance,. Rowell's Waterfront Park means the area described as Tracts 1 and 2, Highland Shores, according to the Plat thereof as recorded in Plat Book 3, Page 39, of the Public Records of Monroe County, Florida; Alternate Key: 1626015 Parcel ID: 00508200-000000 and Alternate Key: 1626023 Parcel ID: 00508210-000000. Packet Pg. 978 C.34.a SECTION 3: PARK HOURS. Rowell's Waterfront Park shall be open every day from 7:30 a.m. until one-half hour after sunset. , 3 SECTION 4: PROHIBITED ACTIVITIES. The following activities are prohibited at Rowell's o Waterfront Park: 1. Camping. There shall be no camping on the property. 2. Alcoholic Beverages. Possession or consumption of alcoholic beverages is prohibited E without the written permission of the County Administrator or his designee. For the purposes of this section, the term "alcoholic beverage" means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. 3. Fires, campfires, grilling, bonfires. No person shall cook; light, or maintain any cooking fire, campfire, or other fire in the Park without the,,:written permission of the County Administrator or his designee. 4. Vessels and Mooring. No motor boats,jet skis,�parasail,,kiteboarding, dinghies, or other motorized watercraft of any type are allowed in the Park, nor shall any such vessels be .g moored, stored, tied up to, or otherwise affixed to any part of the property or within twenty-five (25) feet of the property.' 5. Golf balls and golfing. No person may hit or otherwise,propel, place, or leave golf balls in the Park. 6. Drones. No drones shall be operated from the`Park'premises without the written permission of the County Administrator or his designee. 7. Fireworks. Use, handling, possession, or discharge of fireworks or explosives are prohibited in the Park without the written permission of the County Administrator or his P designee. 8. Sales and Gomniercial Use of property. There shall be no sale of any goods or merchandise, nor any other commercial use of the property without the written permission of the County Administrator or his designee. E U) SECTION 5: DOGS. Dogs are allowed in Rowell's Waterfront Park under the following conditions: a. Dogs must be kept on a leash no greater than eight (8) feet long. b. Dogs are not allowed in the swimming basin or within 150 feet of the waterfront. c. All dogs must be accompanied at all times by an adult human owner or handler. d. Dog owners or handlers must clean up after dogs and properly dispose of waste. The o0. County shall provide Mutt Mitts and Doo-Drop in stations for this purpose. P e. Dogs exhibiting aggressive behavior towards a human or animal or creating a nuisance must be immediately removed from the Park. £ There shall be no more than three (3) dogs per owner or handler per visit. g. Puppies under four(4) months of age are not allowed. 0 h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. i. All dogs must have current rabies vaccinations and county licenses and be wearing o their tags while in the Park. j. Dogs in heat,ill, and having excessive fleas,ticks,or other internal or external parasites are not allowed. Packet Pg. 979 C.34.a SECTION 6: USE OF SEAWALL. Diving from the seawall and mooring of boats to the seawall are prohibited. 3 0 SECTION 7: SWIMMING. All swimming shall be at the individual swimmer's own risk. The waterfront areas shall be marked with signage prominently warning that there is no safety equipment or lifeguard on the premises and that persons must be aware of natural conditions,water current and depths, and swim at their own risk. SECTION 8: PARKING.Patrons ofRowell's Waterfront Park shall park vehicles inside the Park only in areas designated as parking areas, and may not park along or on the right-of-way, bike paths, or roadway of Overseas Highway. ' SECTION 9: DOCKING, EMBARKING and DISEMBARKING. No person shall dock a vessel of any kind,nor shall any person embark or disembark a vessel from the seawall at Rowell's Waterfront Park. The boat ramp shall only be used to launch pr1and kayaks, canoes, paddle boards, and similar self-propelled watercraft. SECTION 10: PENALTIES.A violation of any of the provisions set forth in this Ordinance shall be punishable as provided in section 18-27(p) and section,4-8,sof the Monroe ,County Code of T Ordinances. SECTION I I: 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 0 inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. `-" SECTION 12: 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 13: 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. 0 0. SECTION 14: EFFECTIVE DATE. This Ordinance shall be filed with the Department of State and shall be become effective as provided in Section 125.66(2), Florida Statutes. c� PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of May, 2019. Mayor Sylvia Murphy Mayor Pro Tern Danny Kolhage Commissioner Michelle Coldiron Commissioner Heather Carruthers Commissioner David Rice 4 Packet Pg. 980 C.34.a (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 0 By: By: Deputy Clerk Mayor CL CL CL CL a� E U) cm am M�COUWN AiTDRNEY'S OFFICE RM PATRICIA SA T F LES U) ASSISTANT Cd T Y ATTORNEY 0 DAM , , . CL ca 3 0 Packet Pg. 981 C.34.b ORDINANCE NO. 020 - 2016 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF Mf NROE COUNTY, FLORIDA, PROVIDING FOR CREATION OF ROWELL'S WATERFRONT PARK; PROVIDING FOR PARK HOURS; PROVIDING FOR PERMISSIBLE AND PROHIBITED ACTIVITIES; PROVIDING U FOR PENALITIES; AND PROVIDING AN EFFECTIVE DATE. 0 WHEREAS, under Florida Statute section 125.01(1)(f) the Board of County Commissioners for Monroe County (BOCC) is granted the authority, among others, to provide parks, playgrounds and recreation areas; and WHEREAS, the BOCC finds that public parks and recreation areas provide sites where the families and citizens of Monroe County can benefit from and engage in healthy recreational activities; and WHEREAS, in December 2013, the County purchased the property formerly known as Rowell's Marina to provide additional recreational opportunities and open space for County residents by eventually converting the property into a public park; and WHEREAS, since taking ownership of the property, the BOCC has permitted community events to take place but due to site conditions has not opened the property up for general use by the public; and 0 WHEREAS, the BOCC finds that providing Rowell's Waterfront Park in Key Largo as a free and open public recreational area on Memorial Day Weekend 2016 offers such a recreational park area that benefits the families and citizens of Monroe County; and WHEREAS, under Florida Statute section 125.66(3) the BOCC is granted the authority for emergency enactment of ordinances; and W i WHEREAS, it is the vision and desire of the BOCC to immediately provide and make `� available Rowell's Waterfront Park as a public park beginning on Memorial Day Weekend 2016 through emergency enactment of this Ordinance as permitted by Florida Statutes; and WHEREAS, without proceeding through this emergency enactment, the opening of Rowell's Waterfront Park would be delayed several months and it would not be available for the public to enjoy and benefit from during an important holiday for Monroe County citizens, E that being Memorial Day Weekend; and Packet Pg. 982 C.34.b WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public health and safety and promote safe use of Rowell's Waterfront Park; and WHEREAS, the Monroe Count, Sheriff and his deputies are authorized by law to 0 enforce Florida Laws and County Ordinances; and WHEREAS, Rowell's Waterfront Park must have written rules established by Ordinance in order for the Sheriff and his deputies to enforce those rules; and 0 WHEREAS, the BOCC does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than a four-fifths vote of the BOCC does hereby waive notice of intent to consider this Ordinance; and WHEREAS, it is the intention of the BOCC that this Ordinance shall establish the initial set of rules for Rowell's Waterfront Park but that a more comprehensive ordinance will be considered at a later date after public discussions and input, and that the future ordinance shall be codified into the Monroe County Code of Ordinances after regular meetings as to the development, establishment, and implementation of Rowell's Waterfront Park. 2 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this E Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent pertaining to this Ordinance. SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the 0 legislative findings set forth herein, it is declared that an emergency exists requiring immediate action by the BOCC. A SECTION 3: ROWELL'S WATERFRONT PARK. For purposes of this Ordinance Rowell's Waterfront Park means the area described as Tracts 1 and 2, Highland Shores, according to the Plat thereof as recorded in Plat Book 3, Page 39, of the Public Records of 1 Monroe County, Florida; Alternate Key: 1626015 Parcel ID: 00508200-000000 and Alternate Q Key: 1626023 Parcel ID: 00508210-000000. SECTION 4: PARK HOURS. Rowell's Waterfront Park shall be open every day from 7:30 a.m. until sunset. SECTION 5: PROHIBITED ACTIVITIES. The following activities are prohibited at Rowell's Waterfront Park: c� Packet Pg. 983 C.34.b 1. Camping. 2. Possession or consumption of alcohol beverages. For the purposes of this section, the term "alcoholic beverage"means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. 3. Fires, camp fires, grilling, bonfires. No person shall cook or light or maintain any cooking fire, campfire, or other fire. 4. Motor boats,jet skis,parasail, kiteboarding, or motorized watercraft of any type. 5. Golf balls and golfing. No person may hit or otherwise propel, place or leave golf balls in the park. o 6. Operation of drones from the park premises. 7. Use, handling, possession or discharge of fireworks or explosives. 8. Sale of any goods or merchandise. SECTION 6: DOGS. Dogs are allowed in Rowell's Waterfront Park under the following conditions: a. Dogs must be kept on a leash no greater than eight feet long. b. Dogs are not allowed in the swimming basin or within 150 feet of the waterfront. c. All dogs must be accompanied at all times by an adult human owner or handler. d. Dog owners or handlers must clean up after dogs and properly dispose of waste. The 2 county shall provide Mutt Mitts and Doo-Drop in stations for this purpose. e. Dogs exhibiting aggressive behavior towards a human or animal or creating a nuisance must be immediately removed from the park. f. There shall be no more than three dogs per owner or handler per visit. g. Puppies under four months of age are not allowed. h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. i. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the park. _ j. Dogs in heat, ill and having excessive fleas, ticks, or other internal or external A parasites are not allowed. 0 i SECTION 7: USE OF SEAWALL. Diving from the seawall and mooring of boats to the seawall are prohibited. N SECTION 8: SWIMMING. All swimming shall be at the individual swimmer's own risk. The waterfront areas shall be marked with signage prominently warning that there is no safety equipment or lifeguard on the premises and that persons must be aware of natural conditions, water current and depths, and swim at their own risk. SECTION 9: PARKING. Patrons of Rowell's Waterfront Park shall park vehicles inside the park only, and may not park along or on the right-of--way, bike paths, or roadway of Overseas Highway. Packet Pg. 984 C.34.b SECTION 10: DOCKING, EMBARKING and DISEMBARKING. No person shall dock a vessel of any kind, nor shall any person embark or disembark a vessel from the seawall at Rov,,ell's Waterfront Park. The boat ramp shall only be used to launch or land kayaks, canoes, paddle boards, and similar self-propelled watercraft. SECTION 11: PENALTIES. A violation of any of the provisions set forth in this Ordinance shall be punishable as provided in section 18-27(p) and section 1-8 of the Monroe County Code , of Ordinances. e SECTION 12: 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 13: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. a SECTION 14: FILING: Pursuant to F.S. 125.66(3), the Clerk is directed to transmit by email a certified copy of this Ordinance to the Florida Department of State as soon after enactment as is .2 practicable and to the Municipal Code Corporation for publication; however the editors at Municipal Code Corporation are directed not to codify this Ordinance without further direction from the BOCC. SECTION 15: EFFECTIVE DATE. This Ordinance shall become effective immediately cu upon the Clerk's receipt of a confirmation email from the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, through emergency enactment procedures authorized by F.S. 125.66(3), own the 18`�ay_n of May 2016. o Mayor Heather Carruthers Yes mac-. , m U) Mayor Pro Tem George Neugent Yes :X N o Commissioner Danny Kolhage Yes C: rr i Commissioner David Rice Yes ;—Z. Commissioner Sylvia Murphy Yes d r C� co Q cv BOARD OF COUN C MISSIONERS Y HEAVILIN, Clerk OF MONROE d�A BY: Mayor epu Clerk ' as_ MONf OE COUNTY A ORNEY E ATHRISAMB ED AS Ofi OSIO ASSISTANT COUNTY TTORNEY Date: Packet Pg. 985 C.34.b AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA May 25, 2016 Mr. Ernest L. Reddick, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Dear Mr. Reddick, Enclosed please find a certified copy of Ordinance No 020-2016 Approval of an Emergency 2 Ordinance creating Rowell's Waterfront Park and providing park hours and permissible and prohibited activities. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on May 18, 2016. Please file for the record. Should you have any questions please feel free to contact me at (305) 295-3130. 0 Res ectfully s orrlitteed,,s Amy He ilin, CPA, Clerk of the Circuit Court A and ex officio Clerk of the Board of County Commissioners by: Cheryl Robertson, D.C. i cc: County Attorney via e-mail Growth Management via e-mail County Administrator via e-mail BOCC via e-mail 2 MuniCode via e-mail File c� 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet Pg. 986 e C.34.b FLORIDA DEPARTMENT 0 STATE 0 RICK SCOTT KEN DETZNER Governor Secretary of State 3 0 May 26,2016 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Cheryl Robertson, Executive Aide Dear Ms. Heavilin: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 020-2016, which was filed in this office on May 26, 2016. Sincerely, U 3 Ernest L. Reddick Program Administrator ELR/lb N R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Packet Pg. 987