Item S2 S.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
November 20, 2019
Agenda Item Number: S.2
Agenda Item Summary #6199
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289-2805
1:30 PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance amending
Chapter 26, Monroe County Code of Ordinances, to establish a Slow Speed/Minimum Wake zone
for all man-made canals and boat basins internal to Duck Key.
ITEM BACKGROUND: At the July 18, 2018 Board of County Commissioners ("BOCC or
"Board") meeting, the BOCC gave direction to Monroe County Marine Resources Office ("Marine
Resources") staff to begin the process for establishing a Slow Speed/Minimum Wake zone for the
man-made canals and basins internal to Duck Key. Subsequently, Marine Resources staff submitted
an application and required supporting documentation to the Florida Fish and Wildlife Conservation
Commission ("FWC") for approval to implement a Boating Restricted Area(a"Slow
Speed/Minimum Wake" zone) specific to Duck Key,pursuant to Section 327.46(1)(c), Florida
Statutes.
On September 4, 2019, FWC completed its review and approval of the above-referenced Boating
Restricted Area. On September 5, 2019, FWC publicly noticed the Boating Restricted Area as
required under the Florida Statutes. The 21-day period for a person whose substantial interests are
affected by FWC's action to petition for an administrative proceeding (a hearing)under Sections
120.569 and 120.57, Florida Statutes, ended and expired on September 26, 2019. There was no
request for an administrative proceeding in connection with FWC's approval of this proposed
ordinance.
PREVIOUS RELEVANT BOCC ACTION:
July 2018 - BOCC direction to staff to begin the process for establishing a Slow Speed/Minimum
Wake zone for and specific to Duck Key.
October 2019 - BOCC approval to advertise a public hearing for the adoption of a Slow
Speed/Minimum Wake zone for and specific to Duck Key.
CONTRACT/AGREEMENT CHANGES:
N/A
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STAFF RECOMMENDATION: Adoption of the proposed Ordinance.
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:
REVIEWED BY:
Emily Schemper Completed 10/28/2019 5:41 PM
Peter Morris Completed 11/01/2019 10:23 AM
Assistant County Administrator Christine Hurley Completed
11/01/2019 12:13 PM
Budget and Finance Completed 11/01/2019 12:33 PM
Maria Slavik Completed 11/01/2019 12:37 PM
Kathy Peters Completed 11/04/2019 2:25 PM
Board of County Commissioners Pending 11/20/2019 9:00 AM
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S.2.a
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7 ORDINANCE NO. -2019
8
9 AN ORDINANCE BY THE MON OE COUNTY BOARD F
10 COUNTY COMMISSIONERS AMENDING CHAPTER 26 �
1 l OF THE MONROE COUNTY CODE OF ORDINANCES T �
12 CREATE SECTION 26-7I(lb)(8); ESTABLISHING A
13 BOATING RESTRICTED AREA ("SLOW
14 SPEEDIMINIMUM WAKE' NE") FOR ALL MAN-MADE
15 INTERNAL CANALS AND BASINS OF DUCK Y;
16 PROVIDING FOR SEVE BIMTY; PROVIDING FOR
17 REPEAL OF CONFLICTING PROVISIONS �
18 INCONSISTENT HEREWITH; PROVIDING FOR �
19 INCORPORATION INTO THE CODE OFORDINANCES; 2
20 PROVIDING FOR TRANSMITTAL TO THE SECRETARY
21 OF STATE, AND PROVIDING FOR AN EFFECTIVE
22 DATE.
23
24 WHEREAS, the Board of County Commissioners of Monroe County, Florida
25 ("Board" or",BOCC"), is the legislative body of Monroe County, Florida; and
26
27 WHEREA , Section 327°46(1)(c), Florida Statutes, provides authority for local
28 governments to establish, by ordinance, certain boating-restricted areas. Such ordinances
29 must be permitted by the Florida ]Fish and Wildlife Conservation Commission ("FWC"),
30 and must meet the requirements of Fla. Admin. Code R. 68D-21.001 (Oct. 6, 2010); and 0
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32 WHEREAS, at the its regular July 18, 2018, public meeting, the BOCC approved
33 directing the Monroe County Marine Resources Office to proceed with processing the
34 creation of a Slow Speed/Minimum Wake boating-restricted area exclusively for Duck
35 Key's internal canals and boat basins; and
36
37 WHERE AS, staff has prepared a draft Slow Speed/Minimum Wake ordinance
38 exclusive to (Duck Key's internal canals and boat basins and has submitted said draft
39 ordinance (along with additional necessary documentation as required under Fla. Ad in,
40 Code R. 6813-21,001 (Oct. 6, 2010)) to the FWC for preliminary review prior to the
41 BOCC holding a public hearing to consider adoption of an ordinance establishing a slow
42 speed/minimurn wake zone for Duck Key's man-made internal canals and basins); and �
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44 WHERE,AS, the FWC has determined that the above-referenced submitted draft
45 ordinance meets the criteria of Fla. Ad min, Code R. 68ID-21.001 (Oct. 6, 2010); and
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47 WHEREAS, pursuant to its constitutional, statutory, and judicially-established
48 police power(s), the Board finds that amending Chapter 26 of the Monroe County Code
49 of Ordinances to establish a slow speed/minimum wake zone exclusively for Duck Key's
50 man-made internal canals and basin(s) is in the public interest;
51
52 NOW, THEREFORE, BE IT ORDAINEJ) BYTHE MONROE COUNTY BOARD
53 OFCOUNTY COMMISSIONERS: 0
54
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55 SECTION L - Recitals and LEgj11g1jXS,!U1ffl1. The foregoing recitals and statements of N
56 legislative intent are true and correct and are hereby incorporated as if fully stated herein.,
57
58 SECTION 2. - Title. This Ordinance shall be titled the "Duck Key Slow
59 Speed/Minimum Wake Zone Boating-Restricted Area Ordinance."
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60 'a
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61 SECTION 3. - Creation® That Article 111, entitled "Vessel Restricted Areas," of Chapter 0
62 26 of the Monroe County Code of Ordinances, entitled "Waterways,"' is hereby amended
63 as follows:
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65 CHAPTER 26 -WATERWAYS .2
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67 ARTICLE 111. - VESSEL RESTRICTED AREAS
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69 See. 26-71 Boating restricted zones established.
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71 (b) Slo-w� speed minimum -w,ake zones. No person shall operate a vessel in the
72 following areas spatially defined as "slow speed/minimum wake zones" at a
73 speed in excess of slow speed/minimum wake as defined in this chapter-
74 (1) Snake Creek: To include the entire width of Snake Creek., from 100 feet
75 south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of the
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76 residential shoreline of the Venetian Shores subdivision, Plantation Key. 0
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77 (2) Vaca Cut: Extending the length of Vaca Cut, Marathon from the
78 regulatory marker located approximately 1,250 feet south of the Vaca Cut E
79 Bridge to the regulatory markers located approximately 800 feet north of E
80 the Vaca Cut Bridge.
81 (3) Whale Harbor: To include the area just north of the Whale Harbor Bridge
82 and extending south the length of the Whale Harbor navigation channel to
83 ATON number 1. (n
84 (4) Boot Key Harbor and Sister's Creek: To include all waters within Boot .2
85 Key I larbor including contiguous creeks and manmade canals, and (n
86 including approaches to the Harbor from the West beginning at Day Beacon
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87 No. 7 and from the South, Sister's Creek beginning at Day Beacon No. 4.
88 (5) Cow Key Channel: To include Cowley Channel north of the Cow Key
89 Channel Bridge at U.S. Highway I and ending at Day Beacon No., 11, south <
90 of the Cow Key Channel Bridge,
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91 (6) Adams Waterway: To include the entire area known as Adams Waterway,
92 Key Largo, leading from Blackwater Sound on Florida Bay to Largo Sound
93 on the ocean side of the Island of Key Largo,
94 (7) All man-made canals: To include all canals of Monroe County within the
95 Florida Keys, of less than seventy-five feet in width from shoreline to
96 shoreline (as per F.S. § 327.46).
97 (A) Diel< F"Py"J"o ifujude all maranade canals, and boat bashis rote to Duql�, 0
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98 K y 0
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99 N
100 SECTION 4® - Inc urvival of
101 irovisions. If any provision of this Article, or any portion thereof, is held to be invalid or
102 unenforceable in or by any administrative hearing officer or court of competent
103 jurisdiction, the invalidity or unenforceability of such provision, or any portion thereof,
0
104 shall neither limit nor impair the operation, enforceability, or validity of any other
105 provision of this Article, or any remaining portion(s)thereof. All other provisions of this
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106 Article, and remaining portion(s) thereof, shall continue unimpaired in full force and
IN effect.
109 SECTION All ordinances or parts of ordinances
110 in conflict with this ordinance are hereby repealed to the extent of said conflict. The .2
III repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or
revive any ordinance which has been repealed thereby.
114 SECTION 6. - Captions and Para Lraph Headings. Captions and paragraph headings,
115 There used herein, are inserted for convenience only and are not intended to descriptively
119 limit the scope and intent of the particular paragraph or text to which they refer.
118 SECTION 7. - Inclusion in the Monroe Co
unt Code of Ordinances. The provisions
119 of this ordinance shall be included and incorporated into the Code of Ordinances of
120 Monroe County, Florida, and shall be numbered to conform with the uniform numbering
IJI system of the Code. 0
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123 SECTION 8. - Effective Date. This ordinance shall be filed in the Office of the
lJJ Secretary of the State of Florida and shall become effective as provided by law,
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126 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, E
127 128 Florida, at a regular meeting held on the 20th day of November, 2019,
129 Mayor Sylvia J. Murphy
130 Mayorpro len7 Danny L. Kolhage
131 Commissioner Michelle Coldiron
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132 Commissioner Heather C. Carruthers (n
133 Commissioner David P. Rice
134
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135 NROE COUNTY BOARD OF COUNTY COMMISSIONERS
136
137 Attest: KEVIN MADOK, CLERK <
138
139 By: By:
140 Deputy Clerk Mayor Sylvia J. Murphy
3 of 3 VIUN,RGE COUNTY ATTORNEY
APP% VED AS TO FORM
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