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Item Q2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 21, 2000 Division: County Attorney Bulk Item: Yes No AGENDA ITEM WORDING: Approval of a resolution prohibiting parking overnight on East 2nd Street, Mandalay Subdivision, Key Largo. ITEM BACKGROUND: Motor vehicles are parking and camping overnight, littering and dumping at the end of this street, subjecting the neighborhood to noisy and unsafe conditions. PREVIOUS RELEVANT BOCC ACTION: STAFF RECOMMENDATION: Approval. TOTAL COST: BUDGETED: Yes No Cost to County: APPROVED BY: County Attorney x OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL ~~_ DOCUMENTATION: Included x To Follow Not required _ AGENDA ITEM # I-G^ RESOLUTION NO. -2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROHIBITING PARKING OVERNIGHT ON EAST 2ND STREET MANDALAY SUBDIVISION. KEY LARGO. WHEREAS, property owners along East 2nd Street have provided evidence that motor vehicles are parked at the end of 2nd street for overnight camping purposes; and WHEREAS, such overnight camping contributes to the cluttering of the road with debris and subjects the neighborhood to noisy, and possibly unsafe, circumstances; and WHEREAS, East 2nd street remains open pursuant to County Code to provide access to the water for the purpose of recreation on or in the water; and WHEREAS, it is deemed in the best interest of the public that the right-of-way remain unlittered and that no overnight camping be permitted; and WHEREAS, Monroe County Code Section 11-10 authorizes the Commission to prohibit parking by resolution; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that Section 1. Overnight parking from dusk until dawn shall be prohibited on East 2nd Street, from the intersection with 2nd Avenue to the water. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the _ day of November, 2000. Commissioner Commissioner Commissioner Commissioner Neugent Commissioner Nora Williams (SEAL) ATTEST:DANNYL.KOLHAGE,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairman Deputy Clerk. ^- 1. jdresmandanopark ^ U-~ I APPROVED AS TO FORM AND LE AL SUFFICI DATE NNE A, H~TON /tJ/~'J, Pf2 - , Mandalay Marina Corp. Restaurant and Tiki Bar SEPT. 13,2000 80 East Second MM 97..5 Key Largo, FI. 33037 305-852-5450 PHONE 305-852-6395 FAX SUZANNE HUTTON ASSISTANT DISTRICT ATTORNEY FOX 305-292-3516 RE; PLACEMENT OF BOULDERS, PLANTS ON LEASED PROPERTY 80 E.2ND ST. DEAR MS. HUTTON, I AM WRITING IN RESPONSE OF YOUR FAX AND OUR CONSERV A TION,REGARDING THE PROBLEM ON THE COUNTY ROAD AND WATER ACCESS. TO AMEND THE LEASE WE HAVE WITH MONROE COUNTY WOULD NOT SOLVE THE PROBLEM AT ALL SUZANNE, LET ME TRY TO EXPLAIN. THE COUNTY ROAD HAS ON ITS SOUTH SIDE A PORTION IS OWNED BY MARINERS CLUB AND THEY HAVE PUT A PERMANENT WOOD FENCE WITH CEMENTED IN POLES TO CORRECT THE PROBLEM FROM THEIR SIDE, WE HAVE THE TEN FEET LEASED UP BESIDE OUR RESTAURANT AND THAT'S NOT WHERE THE PROBLEM IS EITHER. THE MIDDLE OF YOUR ROAD GOES DIRECTLY TO THE WATER FRONT AND THAT'S WHERE THE PROBLEM IS, I HAVE FAXED SOME PHOTOS TO YOU AND WILL TODAY MAIL THE COLOR PICTURES SO YOU CAN SEE WHAT IS REALLY GOING ON. AS YOU CAN SEE IT'S A TERRIBLE EYE SORE FOR MONROE COUNTY AND THE L.IABILITY TO BOTH MONROE COUNTY AND TO US IS OVERWHELMING. AS WE ALL KNOW ANY INJURY THAT HAPPENS ON THAT ROAD WE ARE SUED AS WELL AS MONROE COUNTY. WE WOULD LIKE TO LEASE THE ENTIRE ROAD SO WE CAN MAINTAIN IT PROPERL Y,OR IF THAT'S NOT POSSIBLE WE WOULD LIKE TO BE ABLE TO USE ROCKS AND PLANTS AT THE END OF YOUR ROAD TO STOP THE BOAT REP AIR,SAL V AGE LEFT ECT. WE WOULD LEAVE THE PROPER DOCKING ACCESS AND WOULD WORK CLOSELY WITH DA VE SO EVERYONE IS HAPPY. IF POSSIBLE MAYBE WE COULD HA VE THAT PERSONAL MEETING WITH YOU ,ITS EASIER TO EXPLAIN IN PERSON. PLEASE ADVISE WHAT WE CAN DO, WE PAY FOR ALL THEIR TRASH REMOVAL OURSEL YES BUT THE OTHER WITH OUT THE COUNTYS HELP WE CANNOT STOP. CANALIS HOLDING CORP. DBA/MANDALA Y MARINA CORP. NOTE: Color photos unrecognizable when photocopied. ~w~. O~~3~~E (305) 2ll4~1 BOARD OF COUNTY COMMTSSIONERs MAYOR Shirley FrccmCl'l.District 3 Mayor Pro tern George Neugent. District 2 Wilhelmina Harvey. District 1 No/"Cl Williams, District 4 MDry Kay Reich. District 5 Office of the Coun1y Attomey P.O. Box 1026 Key West, Fl 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax . September 20, 2000 Marty Webb Canalis Holding Corp. d/b/a Mandalay Marina Corp. 80 E. 2nd Street Key Largo, FL 33037 RE: East 2nd Street Dear Ms. Webb: The photographs which you enclosed with your September 13th letter show clearly that a considerable probiem exists at the end of East 2nd Street with respect to illegal dumping and ovemight parking. Unfortunately, leasing the entirety of the width of the right-of-way to you would be tantamount to abandoning the road, which is prohibited by County Code. I am requesting that the Public Works Department post Signs warning against illegal dumping which is punishable by a fine ancllor imprisonment, and will be placing on the County Commission agenda a resolution to restrict or prohibit parking of vehicles on 2nd Street. I know this is not the ideal solution from your perspective, but it is all that I can see can be done, along with a request to the Sheriff to make a special effort to enforce the laws on that road. As soon as the resolution is adopted and the road Is properly posted, a request will be made to the Sheriff for this purpose. Sincerely, Suzanne A. Hutton Assistant County Attorney SAH/ak