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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. 1 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 �' Ef —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 2 • ` F — �� 5J1� 5x�� p ��I'��t�� .E. no. ...,..,- : oo ..o� ._ P., .. . o R Y , .0 a •4 ''�`.