Item K2 K.2
G 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
October 16, 2019
Agenda Item Number: K.2
Agenda Item Summary #6071
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289-2805
N/A
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
ordinance amending Chapter 26 of the Monroe County Code of Ordinances to establish a Slow
Speed/Minimum Wake boating restricted area for Duck Key's man-made internal canals and basins.
ITEM BACKGROUND:
At the January 28, 2018, regular meeting of the Board of County Commissioners ("Board" or
"BOCC"), the BOCC adopted Ordinance No. 002-2018 (the "Ordinance"), establishing a "Slow
Speed/Minimum Wake In All Manmade Canals Less Than Seventy-Five (75) Feet In Width"
boating restricted area. In association with the Ordinance's adoption, the BOCC directed staff to
provide regulatory signage for the zone at all public boat ramps.
The Duck Key Security District Advisory Board ("Duck Key Advisory Board"), after the
Ordinance's adoption, later recognized that sections of certain canals and basins internal to Duck
Key exceed the Ordinance's 75-foot criteria. Sylvia Hernandez, acting as the Duck Key Advisory
Board's Chairperson, spoke to the Board at its July 18, 2018, meeting, and requested for the BOCC
to create a "Slow Speed/Minimum Wake" zone for all canals and basins in Duck Key, based on
concerns of vessels going at unsafe speeds. Marine Resources Office staff, in turn, explained to the
BOCC the limitations of the Ordinance's criteria and of State boating restricted area laws and
administrative regulations pertinent to the Ordinance, and that, however, the BOCC may apply to the
Florida Fish and Wildlife Conservation Commission ("FWC") for a separate slow speed/minimum
wake zone site-specific to Duck Key only, for all Duck Key internal canals and basin(s). The BOCC
then gave direction to Marine Resources Office staff to apply for such a slow speed/minimum wake
zone for Duck Key.
Marine Resources Office staff compiled documentation, supporting evidence, maps, a draft
ordinance, and other additional information for submittal for the FWC application for establishment
of a slow speed/minimum wake zone for Duck Key. The application has undergone review by the
FWC Boating and Waterway Section and is currently going through a State public noticing process
for final approval of the zone. At this time Marine Resources Office staff is providing the draft
ordinance to the BOCC and is requesting approval to advertise a public hearing to consider adoption
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K.2
of an ordinance establishing a boating restricted area (i.e., "Slow Speed/Minimum Wake" zone) for
Duck Key's man-made canals and internal waterways. Staff anticipates scheduling this public
hearing for the BOCC's regular November 20, 2018, meeting.
PREVIOUS RELEVANT BOCC ACTION:
January 2018 — BOCC adoption of Ordinance No. 002-2018 establishing a "Slow/Speed Minimum
Wake in All Manmade Canals Less Than Seventy-Five (75) Feet in Width" zone (countywide
boating restricted area) for all of the Florida Keys.
July 2018 — BOCC direction to staff to begin the process for establishing a Slow Speed/Minimum
Wake zone for Duck Key.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to advertise a public hearing to consider adoption of an
ordinance establishing a slow speed/minimum wake zone for Duck Key's man-made internal canals
and basin(s).
DOCUMENTATION:
Slow Speed/Minimum Wake Ordinance for Duck Key
FINANCIAL IMPACT:
Effective Date: N/A
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
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K.2
REVIEWED BY:
Cheryl Cioffari Skipped 09/05/2019 11:40 AM
Emily Schemper Completed 09/20/2019 11:34 AM
Peter Morris Completed 09/26/2019 1:13 PM
Assistant County Administrator Christine Hurley Completed
09/30/2019 11:59 AM
Budget and Finance Completed 09/30/2019 12:08 PM
Maria Slavik Completed 09/30/2019 12:29 PM
Kathy Peters Completed 09/30/2019 5:52 PM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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7 ORDINANCE NO. -2019
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10 COUNTY COMMISSIONERS AMENDING CHAPTER 26
D D OF"r rN . MONROE COUNTY CODE OF DIN C ES TO
12 CREATE SECTION 2 -71(b)( ); ESTABLISHING N
13 BOATING REsnucTED AREA("SLOW
14 SPEED/MINIMUM KE ONE") FOR.ALI, DEAN-MADE �
15 IN,r RNAL CANALS AND BASINS'S" OF DUCK KEY;
16 PROVIDING ING Dka"OR SE VDE - BILI Y; PROVIDDI.N(:Y' FOR.
17 REPEAL OF CONFLICTING PROVISIONS �
19 INCOW"ORATION INT THE CODE F O DIN CaDES; >
20 PROVIDING O�R"I' . S I'l" 'Al.., 'i o ,.r HE SECRETARY �
21 OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE
22
23 WHEREAS, the Board of County my Commissioners ners of Monroe County, Florida
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24 ("Board" or°130C;C,"), is the legislative body of Monroe County, Florida; and CL
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26 WHEREAS, Section 327. 46(l)(c), Florida Statutes, provides authority for local �
27 governments to establish, by ordinance, certain boating-restricted areas. Such ordinances
28 must be permitted by the Florida Fish and Wildlife Conservation Commission ("FWc"),
29 and must meet the requirements of Dula. Admin. Code R. 6 D....21.00l (Oct. 6, 20 D 0); and
30
31 WHEREAS, at the its regular July 18, 2018, public meeting, the BOC°C; approved
32 directing the Monroe County Marine Resources Office to proceed with processing the
33 creation of a Slow Sp eed/11✓i nimunn Wake boating-restricted area exclusively for Duck
34 Key"s internal canals and boat basins-, and 0
35
36 WHEREAS, staff has prepared a drape Slow Sped/Min irnnu nn Wake ordinance
37 exclusive to Duck l .ey's internal canals and boat basins and has submitted said draft
38 ordinance (along with additional necessary documentation as required under Fla. Admi n,
39 Code R.. 681.) 21.001 (Oct. 6, 2010)) to the D-WC for pnrelir nnnary review prior to the a
40 BOCC holding a public hearing to consider adoption of an ordinance establishing as slow
41 sp eed/nnninnum ur n wake zone for Duck Key's man-made internal canals and basinA(s); and �
42 cis
43 W1111EREAS, the FWC has determined that the above referenced sanbmitted draft
44. ordinance rneets the criteria of Fla. Admin. Code R. 6 13-21.001 (Oct. 6, 2010); and
45
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4.6 WHEREAS, pursuant to its conStitUtional, statutory, and Judicially established
47 police power(s), the Board finds that amending Chapter 26 of the Monroe County Code 0
4.8 of Ordinances to establish a slow speed/minirnurn wake zone exclusively for Duck Key's .0
4.9 inan made internal canals and basin(s) is in the public interest;
50
51 NOW, "rHEREFORE, BE i"r ORDAINE.11D BY 'rI1E MONROE COUNTY BOXIR.D S
52 OF COUN'ry COMMISSIONERS:
53 U)
54 SECTION 1. ..... Recitals aind Lp Intent.. The foregoing recitals and statements of
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55 legislative intent are true and correct and are hereby incorporated as if fully stated herein..
56 0
57 SECTION 2. -Ti tlle. This Ordinance shall be titled the "Duck Key Slow
58 Speed/Minin-imn Odake Zone Boating-Restricted Area Ordinance,"
59
60 SECTION 3., Creation. 'ghat Article III, entitled "Vessel Restricted Areas,"' of Chapter
..............................................................................................................................................61 of the Monroe County Code of Ordinances, entifled "Waterways," is hereby arnended
62 as follows::
63
64 CHAPTER 26 - WXTERWAYS
65
66 ARTICLE III. - VESSEL RESTRICTED AREAS 0
67
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68 See. 26-71 Boating restricted zones established..
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'70 (b) Slo", si-7eect"inininneyn wake zones. No person shall operate a vessel in the
71 following areas spatially defined as "slow speed/minimurn wake zones" at a
72 speed in excess of slow speed/minirriurn wake as defined in thus chapter:
73 (1) Snake Creek:: To include the entire width of Snake Creek, frorn 100 feet
74 south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of the
75 residential shoreline of the Venetian Shores subdMsion, Plantation Key.
76 (2) Vaca Cut:: Extending the length of Vaca Cut, Marathon from the
77 regulatory marker located approximately 1,250 feet south of the Vasa Cut
78 Bridge to the regulatory markers located approximately 800 feet north of
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79 the Vasa Cut Bridge, 0
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80 (3) Whale Harbor: To incpuide the area just north of the Whale Harbor Bridge
81 and extending south the length of the Whale I[arbor navigation channel to E
82 ATON number, 1.
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83 (4) Boot Key Ilarboi° and Sister's Creek: To include all waters within Boot
84 Key Harbor including contiguous creeks and manrnade canals, and
85 including approaches to the Harbor from the West beginning at Day Beacon
86 No� 7 and from the South, Sister's Creek beginning at Day Beacon No. 4.
87 (5) Cow Key Channel: 'ro in Cow Key Channel niorth of the Cow Key
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88 Chann ge el Brid at l,.J.S. Highway I and ending N at Day Beacon o. 11, South (n
89 of the Cow Key Channel Bridge.
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90 (6) Adams Waterway: To include the enflre area known as Adams Waterway,
91 Key I..,argo, leading from Black water Sound on Florida Bay to I....argo Sound 0
92 on the ocean side of the Island of Key Largo. .0
93 (7) All man-n-iade canals- To include all canals of Monroe County within the
94 Florida Keys, of less than seventy-five feel: in width from shoreline to
95 shoreline (as per F.S. § 327.46),
96 mg!s illCklde aH manniade canak and boat basins irilernal tealuck
97
98
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99 SECTION 4. - InconsisteneL Partial Invalid it , Severabilitv and Survival of U)
i0o Provisions. If any provision of this Article, or any portion thereof, is field to Inc invalid or 0
101 unenforceable in or by any administrative hearing officer or court of competent
102 jurisdiction, the invalidity or unenforceability of such provision, or any portion thereof,
103 shall neither limit nor impair the operation, enforceability, or validity of any other
104 provision of this Article, or any remaining portion(s)thereof, All other provisions of this
105 Article, and remaining portion(s)thereof, shall continue unimpaired in full force and
186 effect,
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108 SECTION 5. - !1 -at of Incoinsistent Provisions. All ordinances or parts of ordinances
109 in conflict with this ordinance are hereby rep eaped to the extent of said coriffict, The
110 repeal of an ordinance herein shall not.repeal the repealing clause of such ordinance or 0
revive any ordinance which has been repealed thereby,
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l 13 SECTION 6. - CaRlions 2kind.L'arajEAj±_j!2RqjM. Captions and paragraph headings,
114 where used herein, are inserted for convenience only and are not intended to descriptively
115 limit the scope and intent of the particular paragraph or text to which they reeler.6
117 SlEcTiON 7. - Inclusion in the Monroe CoMuRntty (Ac de of Ordinances. The provisions
118 of this ordinance shall be included and incorporated into the Code of Ordinances of
119 Monroe County, Florida, and shalt be nurnbered to conform with the uniform numbering
system of the Code.
122 SEC".111'.1110N 8. - Effective.lDate. 'rhis ordinance shall be filed in the Office of the
jJ3 Secretary of the State of Florida and shall becorne effective as provided 1:)y law.
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125 PASS.11FI) AND ADop,rED by the Board of County Commissioners of Monroe County. 0
126 Florida, at a regular meeting held on the 20th day of November, 2019, 0
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127
128 Mayor Sylvia J. Murphy
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129 Mayor 1.)ro len? Danny I..,, Kolhage
130 Commissioner Michelle Coldiron E
131 Comm i ssioner I leather C. Carruthers
132 Commissioner David P. R.ice
133
134 MONROE COUNTY BOARD OF COUNTY COMMISSIONIERS
135
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136 Attest: KEVIN MADOK, CLER..K (n
137
138 By: By: ...............................
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l39 Deputy Gerk Mayor SylviaJ. Murphy
mONROE COUN TY A17ORNEY
APPROVED AS TO FORM 3 of 3
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PETER
ASSISTANT COUNTY ATTORNEY M_ A00A