Item S4 2 ;srt`�4
3 � _
5
6 RESOLUTION NO. -2020
7
8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
9 MONROE COUNTY, FLORIDA, APPROVING AN EMERGENCY
10 COUNTY ROAD RESTRICTION UPON THE END OF LAUREL AVENUE,
11 STOCK ISLAND, MONROE COUNTY, FLORIDA.
12
13 WHEREAS, the Board of County Commissioners of Monroe County, Florida
14 (hereinafter the"Board" or"BOCC"), is the governing body of Monroe County, Florida; and
15
16 WHEREAS,the Board and the Monroe County Sheriff(hereinafter the "Sheriff') are,
17 pursuant to their authority as independent constitutional officers under Article VIII, Sections
18 1(d)-(e), of the Florida Constitution, charged with safeguarding the public health, safety, and
19 welfare of the residents of and visitors to the County; and
20
21 WHEREAS, the Board and the Sheriff recognize the benefits that will flow to the
22 County's residents and visitors by more closely coordinating the Board's constitutionally-derived
23 police power discretion to regulate activity and public order and to enforce its rights and
24 regulations within its jurisdiction and within its rights-of-ways, with the Sheriffs constitutionally
25 and statutorily-derived law enforcement duties and responsibilities; and
26
27 WHEREAS, the Board and the Monroe County Sheriff recognize the benefits that will
28 flow to the County's residents and visitors by more closely coordinating the Board's
29 constitutionally-derived police power discretion to regulate activity and enforce order within its
30 jurisdiction and within its rights-of-ways, with the Sheriff's constitutionally and statutorily-
31 derived law enforcement duties and responsibilities; and
32
33 WHEREAS, at the Board's duly noticed regular February 19th, 2020, meeting, the
34 Sheriff averred that the unrestricted status of County road access through the end of Laurel
35 Avenue, Stock Island, Florida, has resulted in crime and public safety issues and threats to the
36 environment including but not limited to illegal drug use, illegal dumping, illegal storage of
37 vehicles such as bicycles and cars, use of the subject area for unauthorized residential purposes
38 and/or unlawful loitering, and unauthorized fires; and
39
40 WHEREAS, Black's Law Dictionary 277 (9th ed. 2009) synonymously defines
41 "emergency circumstances" and "exigent circumstances" as "1. A situation that demands unusual
42 or immediate action and that may allow people to circumvent usual procedures, as when a
43 neighbor breaks through a window of a burning house to save someone inside. [...] Existent
1 of 3 f I
S I
1 circumstances may exist if(1) a person's life or safety is threatened, (2) a suspect's escape is
2 imminent, or(3) evidence is about to be removed or destroyed."; and
3
4 WHEREAS, pursuant to Monroe County Code of Ordinances Section 19-8(d), Board
5 approval of an emergency County road restriction for safety, investigative or other emergency-
6 related purposes, is exempt from the process set forth at Monroe County Code of Ordinances
7 Section 19-8(b), applicable to enactment of non-emergency County road restrictions; and
8
9 WHEREAS, the Sheriff's averments concerning the adverse crime, safety, and
10 environmental effects as a result of, in connection with, or arising out of the presently unrestricted
11 status of the end of Laurel Avenue, constitute(s) a bona fide emergency within the meaning of
12 Monroe County Code of Ordinances Section 19-8(d);
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
16
17 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
18 legislative intent are true and correct and are hereby incorporated as if fully
19 stated herein.
20
21 Section 2. The Board hereby approves, on this emergency basis, during all hours
22 restricting all vehicular and pedestrian access to or use of the end segment
23 of Laurel Avenue, Stock Island, Monroe County, Florida, and authorizes
24 the movement and/or installation of signage, and one or more gates,fences,
25 or concrete barriers, to effectuate this emergency County road restriction.
26 This restriction does not apply to the duly authorized staff or officers of the
27 Board or Sheriff.
28
29 Section 3. The Board authorizes delegation to the Monroe County Administrator,
30 pursuant to but not limited to the County Administrator's authority to
31 supervise the care and custody of all County property under Florida Statutes
32 § 125.74(g), the authority to take all action necessary or appropriate to
33 coordinate with the Monroe County Sheriff to ensure that this emergency
34 County road restriction is effectuated.
35
36 Section 4. This emergency County road restriction shall terminate upon the earlier of
37 either the Board's subsequent declaration that such emergency has abated
38 or the County Administrator's receipt of the Sheriff's written
39 communication to him that the above-referenced emergency has abated.
40
41 Section 5. Effective Date. This Resolution shall become effective immediately upon
42 its adoption by the Monroe County Board of County Commissioners.
43
44 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
45 Florida, at a regular meeting held on the 19th day of February, 2020.
46
2 of 3
1 Mayor Heather C. Carruthers
2 Mayor Pro Tern Michelle Coldiron
3 Commissioner David P. Rice
4 Commissioner Sylvia J. Murphy
5 Commissioner Craig Cates
6
7 BOARD OF COUNTY COMMISSIONERS OF MONROE
8 COUNTY, FLORIDA
9 By:
10 Mayor Heather C. Carruthers
11 (SEAL)
12 ATTEST: KEVIN MADOK, CLERK
13
14 DEPUTY CLERK
15
3 of 3