Item V3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 20 August 2003
Bulk Item: Yes ~ No
Division:
Growth Management
Department:
Marine Resources
AGENDA ITEM WORDING:
Public Hearing on an Ordinance amending Chapter 5.5 to revise the Whale Harbor Combustion Engine
Exclusion Zone boundaries.
ITEM BACKGROUND:
Extensive boater use and user conflicts in the Whale Harbor Channel area have been a point of concern for
some time. As a result, the BOCC approved a Combustion Engine Exclusion Zone (No Motor Zone) for the
area in March of 2003. The Village Nearshore Water Committee has made a recommendation, which would
modify the boundaries of the Zones. As the project is just going to bid, this will not affect progress that staff is
making to complete the project. Staff recommends approval of the project.
PREVIOUS RELEVANT BOCC ACTION:
March 2003 - Approval of Ordinance
July 2003 - Approval to advertise amendment to Ordinance
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
COST TO COUNTY:
None
BUDGETED: Yes
SOURCE OF FUNDS:
No
None
REVENUE PRODUCING: Yes
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
No X
NT Per Month
Year
DOCUMENTATION:
DISPOSITION:
Included ~
To Follow - Not Required ----.K?
AGENDA ITEM NO.:
BC030820.doc
07/31/039:45 AM
Marine Resources
ORDINANCE NO. 2003
~~\
\Ill
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AMENDING CHAPTER 5.5 MONROE
COUNTY CODE (BOATS, DOCKS, AND WATERWAYS) TO
MODIFY THE BOUNDARY OR THE WHALE HARBOR
COMBUSTION ENCI~ EXCLUSION ZONE, SEC. 5.5-108 (C)
(4), PROVIDING FOR SEVERABILITY, PROVIDING FOR
REPEAL OF INCONSISTENT ORDINANCE CLAUSES,
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE, PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the shallow areas adjacent to Whale Harbor Channel receive
extensive use by boaters either in transit through the area or for recreational
purposes; and
WHEREAS, based on a request from Islamorada, the Village of Islands, the
Board of County Commissioners adopted Ordinance 006-2003, a Combustion
V~S'S61
~RgiHe Exclusion Zone for the area surrounding Whale Harbor Channel; and
WHEREAS,- Islamorada has requested that the County make a minor
modification to the boundary of the Zone, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT the following
revision is made to Chapter 5.5, Monroe County Code:
Section 1 Revise the boundary map relevant to Sec. 5.5-1 08 (c) (4), Whale
Harbor Channel "Flats" to appear as shown in Exhibit A which is attached to and
made a par of this ordinance.
BC030710 OrdWhaleHarborCEEZ Rev030715
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Marine Resources
Section 2. Severability
If any section, subsection, sentence, clause or provision of this Ordinance is held
invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Section 3. Repeal of inconsistent ordinance clauses.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 4. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment
thereto, and shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5. Effective date.
This Ordinance shall be filed with the Office of the Secretary of State of the State
of Florida, and will take effect upon notice of the receipt of this ordinance by that
agency.
BC030710 OrdWhaleHarborCEEZ Rev030715
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Marine Resources
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the 20th
day of
August ,A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIR PERSON
(SEAL )
ATTEST:
DANNY 1. KOLHAGE, CLERK
BY:
DEPUTY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFIC C
B .
BC030710 OrdWhalcHarborCEEZ R.ev030715
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Marine Resources
BC030710 OrdWhaleHarborCEEZ Rev030715
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