Item Y1
Memorandum
W:
FROM:
DATE:
RE:
Board of County Commissioners
Timothy J. McGarry, Director, Growth Management DivisioB11
October 9,2003
Correction ofa scriveners error in the proposed amendment to MCC 9.5-309 and 367,
Agenda Item: Yl
This memo is to notify the Board that a word was inadvertently omitted from the proposed
amendment to Monroe County Code Sections 9.5-309 and 9.5-367.
The omission was noted a the Planning Commission Meeting on October 8th and the proposed
amendment approved with in addition of the word 'hedges', previously omitted, in the following
portion of the ordinance:
Sec. 9.5-367. Landscaping materials.
All required landscaping materials shall be of the types and minimum sizes set forth in this
section. Canopy trees shall have a minimum of three (3) inches dbh or twelve (12) feet in height.
Understory trees shall be a ~~um of five (5) feet in height. Shrubs shall be a minimum of three (3)
feet in height. Shrubs and hedgeS shall be maintained at a height not to exceed 3 feet if located with in
the clear sight triangle as defined in Section 9.5-427.
Staff will request that this change be made at the public hearing to be held on October 15, 2003.
Attached to this memo is a corrected page 6 of 6 that may replace the page transmitted to you as a part
of the agenda package.
Cc: County Clerk
County Attorney
County Administrator
VI
Section 2. Chapter 9.5, Article VII, Division 10, Section 9.5-367 Monroe County Code,
is hereby amended to read as follows (additions shown in underline format):
Sec. 9.5-367. Landscaping materials.
All required landscaping materials shall be of the types and minimum sizes set forth in this
section. Canopy trees shall have a minimum of three (3) inches dbh or twelve (12) feet in height.
Understory trees shall be a minimum of five (5) feet in height. Shrubs shall be a minimum of
three (3) feet in height. Shrubs and hedges shall be maintained at a height not to exceed 3 feet if
located with in the clear sight triangle as defined in Section 9.5-427.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving the ordinance.
Section 7. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Department of Community of Affairs to determine the consistency
of this ordinance with Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of , 2003.
Mayor Spehar
Mayor Pro Tem Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
~:t~.
\otO'\!03
Page 60f6
Monroe County Com. Harvey Gov. Center
Oct. 15,2003
For the record again My Name is H. T. Pontin, Master Mariner
I am here again to protest that my secured rights to Boat, Fish and Swim,
guaranteed by the Florida Constitution will be taken away by new
regulations of the County where they have no jurisdiction.
This has been going on since 1993 when it started with Jet Ski regulations
which were proved illegal. All Sovereign Submerged Lands and the
Navigable Waters over them are governed by International Treaties.
Islamorada's 300 foot exclusion zone for lobster might be legal there as it is
within the area of the Territorial Sea Limits of Florida when it became a
State March 1845 as it was governed by TREATIES.
All Sovereign Submerged Land and water South and West of Long Key are
governed by TREATIES. The United States has not signed any TREATIES
for this area including The Treaty of the Seas with the United Nations.
I have asked many times for proof of any treaty from the County, State and
Federal government for this area. Monroe County says the State gave them
this land to govern but the State has never proved ownership nor has the
County.
Any Questions?
~-~
I AW OFFICES
MORGAN a HENDRICK
q.\.,1l , ,",,'.lln:."'I,,:
317 W""TE:HE:A.O ST RffT
KEY WEST FLORIDA
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tR,CTtR[Dl
t'."rlLE(N A. CHANT
or COUt~c;r:l
March 18, )993
Robert L. Herman, Director
Growth Management Division
Public Service Bldg, Wing III
5100 Jr. College Road, West
Stock Island
Key West, Florida 33040
RE: pontin inquiry; County regulation of submerged lands
Dear Mr. Herman:
As I advised the BOCC at the March 9th meeting concerning the
Comprehensive Plan, Monroe County has jurisdiction over all land
within its boundaries (see flQridil_2.t!}t!!r~~ ~7.44), whet.her or not
submerged, except wh~re and to the extent pr~",:,eJ.llPted bY~\merJor
Federa 1 or state authority. County Attorney Randy Ludacer' s
opinlon to the BOCC dated March 4, J 992 addresses the related
subject of regulating water-borne activities, and may be referred
to as a general guide to regulatory pre-emption, applicable as well
to most1 submerged land regulatory issues.
Respectfull .
/~ /-/
'/! I I
j I: l .
\ Jt)'ines T. Hendr lck
.../
JTH:mjg
Arcane sub-issues such as oil and gas or mineral extraction
from submerged lands, treasure salvaging operatIons, etc. would
require further analysis. RECE,\VED
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BOARD OF COUNTY COMMISSIONERS
MAYOR. Shlfley Fleeman District 3
Mayor Pro Tern. Jack London, DlstriCl 2
Wllhplmina Halvny, Olstrirt 1
M;lIy KdV IIp/ell Olslr,,:I'"
Knllll/lnllCjlass Oislrwl4
'''IlIt:s I, Rllht:n s
COllnty Administralor
" I fin (' 011 L'g l' Road
",~y Wesl Fllllida l1fHO
~()'i -21)2..1'1-1 I - phone
HI'i.202-4S44 - fax
Mr II T Pont in
9) I W Indies Orivc
Ramrod Kl..'Y, Florida 13042
January 16, I (N6
Dear Mr Pontin
;'!#t-
In reference to your Janllary 10, I C)()(l, reqllcst for any agreement hetwcen the Intl~rnal
Improvement Board and Ihe COllnty concerning Iht' SO\'l'reil!n Suhnwlw'd I ands, please he
advised that t he ~'(~~.!x.J!illiJlLLr.cl~!)I'~'- of such an agrcl'lllenl
VcrY-f~fltly--y<}Urs._
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~_....- __d.
-- ..---- 6- '.~-
James L. Roberts
County Administrator
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II R: Ij s
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~
Iv'h:mroe COlWty Com Soundin~~,~~d Key Largo Library August 15,200 I
tbe record my name is H T. Pontin
'~,am_ h~~:e l~},agaj.n a~~:ess th,e subject of State and C?un~' Jurisdi.cti~:m o(~~y~r~eigr~,j:y
,-'>l1bJrlbgCu Lands (SSL) ano waters beyond the Terntonal Sea LimIts (TSL) ot the
United States, which are governed by treaties, Without looking into my claim the
\1onroe County Attorney has assured county commissioners that the 1868 and 1885
Constitution gives you that right
In order to support my position I feel I must reiterate that (TSL) were established during
the Paris Peace Treaty (1778-1783) and have remained in that fixed position regarding ...
Florida (l'jWhenFloridabec-ame a S'rale March 3, 1845 (2) Not when Governor Mosely
issued his mega! Executiv<::QE~~r/J?~dgf~~siori-sept~~~7L 1845 claIming SSL .
h;;yolld the TSL OJ When that megai Executive Ordel--was revokedJaiiual T 4, 1935 and
the TSLbow1daries remain uncangeC! to t IS very day. The TSL demarcation ended at
Long Key and although islands within that that line were induded, the islands from
Money Key to Key West to Marquesas Keys and the Dry Tortugas were not
When the U. S Congress ratified the Florida constitutions of 1868 and 1885 Florida had
included jurisdiction of SSL that extended beyond the TSL of the United States. '1:heH
S. Congress ratified the}:;!QridJi Co... nstitl.1tions even though neither the U. S, Congress nor
n_____ ..--
--- -. . .-.
the State of Florida had the requiredtreatiesto~t.elld the SSL&eyondt~TSL..,_The
1975SUpplement Report of AlbertB~Mansdepict;~~curateIy'thejocation of the 'Florida
coaSt,IlIleon March3-r&if5-andl868. . -,---- --------. - - -, ---
The U S Congress creates and approves many illegal decisions, which determine issues
until they are chaHenged. Example; Congress passed the Abandoned Ship Act (ASA),
,,,,,hidl was recently challenged by Spain. The US. Supreme Court refused to hear the
Gase as the ASA, is also governed by treaties on SSL, not by U S.law, Yellow highlights
are supported by treaties, Orange highlights are not.
Since Governor Mosely's executive Order was revoked and the Maris rel2.o.!!.has uph<::~~
the Pfu"iS Peace Treaty's determination of the TSL of United States and Florid~ 1 feel the
Florida Constitution should be reviewed and bron ht into com Iianc~ with the~ eighteC!l
DageS of treaties Mr. Keith L. VviHiams- Florida Senior Assistant General Council, used
~, L.J
in his nNcnty-two page legal opinion.
{'t'l;~ ___
Encl!cc: J. Ashcroft, Atty. Gen.
Senator Bob Graham
Hon. P Deutsch
. Gov Jeb. Bush
c C" G~. (d) M' .
,.). "" _ mnn
Ms, G, Norton, lnterior Dept.
FL State Rep Ken Sorensen,.
Fl State Senator D. Jones,
H. T. Pontin
951 W. Indies Dr
Ramrod Key, FI. 33042