Resolution 229-2021 RESOLUTION NO. 229 -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,
RESCINDING RESOLUTION 165-2011;CLOSING PUBLIC
ACCESS TO BAY DRIVE,SUNSET POINT,PB 2, PAGE 81,
KEY LARGO, FLORIDA; AND DIRECTING STAFF TO
RECOMMEND OPTIONS FOR FUTURE USE OF THE
RIGHT OF WAY.
WHEREAS, F.S. 125.01(I)(m) vests the Board with the authority to regulate and control
usage of County roads; and
WHEREAS, Section 19-8 of the Monroe County Code authorizes the Board to place
restrictions on the use of County roads after following a public process set forth in subsection (b);
and
WHEREAS,Section 19-8(d)authorizes the Board to immediately place restrictions on the
use of County roads, including closure, "for safety, investigative, or other emergency related
purposes", notwithstanding the requirements set forth in Section 19-8(b);and
WHEREAS, Bay Drive is a County road located in Key Largo as shown on Plat Book 2,
Page 81,a copy of which is attached hereto and incorporated herein as Exhibit A to this Resolution;
and
WHEREAS, the unpaved end of Bay Drive has been used as a recreation area where it
intersects with the water; and
WHEREAS,due to prior complaints regarding the unregulated use of Bay Drive,the Board
adopted rules for the use of the end of Bay Drive as a recreation area in Resolution 165-2011; and
WHEREAS,despite the rules set forth in Resolution 165-2011,the area has become even
more congested and is currently being misused; and
WHEREAS,during its regular meeting held on June 16,2021,the Board heard testimony
from members of the surrounding community describing and saw photographic evidence
depicting the misuse of the end of Bay Drive and the surrounding neighborhood; and
WHEREAS,based upon that testimony and evidence,the Board finds,pursuant to Section
19-8(d) of the Monroe County Code, that is in the best interests of the health, safety, and welfare
of the community to temporarily close the end of Bay Drive to give staff time to investigate and
develop a new plan for use and management of Bay Drive.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
SECTION 1: The Board incorporates the above-stated whereas clauses as
legislative findings of the Board.
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SECTION 2: The Board hereby authorizes and directs the closure of Bay
Drive, Sunset Point, PB 2, Page 81, Key Largo, Florida as of June 22, 2021 at 7 p.m. until
further resolution of the Board.
SECTION 3: Resolution 165-2011 is hereby rescinded in its entirety.
SECTION 4: The Clerk is directed to provide a copy of this Resolution to the
Monroe County Sheriff.
SECTION 5: The Sheriff and his deputies are authorized to issue trespass
warnings to and arrest any person,other than a County employee performing official duties,
who is found on Bay Drive after this resolution takes effect. The Board respectfully requests
that the Sheriff consider providing enhanced law enforcement during the first weeks after
this resolution takes effect.
SECTION 6: The Board directs the County Administrator and his staff to
investigate alternatives that would provide for the safe usage of Bay Drive that is consistent
with the health, safety, and welfare of the surrounding neighborhood and Monroe County.
The Board directs the Administrator to present recommendations for use of Bay Drive at
future BOCC meetings.
SECTION 7: This resolution shall take effect upon adoption.
<� PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
.�y-�' f ta lorida,ca special meeting of said Board held on the 21st day of June ,2021.
a:
(iv " Mayor Michelle Coldiron Yes
-- N Mayor Pro Tem David Rice Yes
- Commissioner Craig Cates Yes
Commissioner Eddie Martinez Yes
. Commissioner Mike Forster Yes
k1/01111-11 1-1
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—w Atfegt 4 ;fiN MADOK,Clerk BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: Kf ..�"'""2Jfrite n�ar
As Deputy Clerk Mayor Michelle Coldiron
Approved for form and legal sufficiency by
Robert B. Shillinger, Monroe County Attorney
Robert B. Di c.n.y signed by Robert a.SMIBnger
DRm=Pobert B.Sblllinger.ouMonroe
County BOCC,ou=Monroe County
Shillinger Attorney,, 562= 3063104GO
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