Item Q2
M
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 17 March 2004 Division: Growth Management
Bulk Item: Yes No ---.L Department: Marine Resources
-
AGENDA ITEM WORDING:
Second of three public hearings concerning a proposed Ordinance amending Chapter 5.5 - Boats, Docks, and
Waterways, creating a new section of the Monroe County Code limiting the size of vessels on man-made
waterbodies.
ITEM BACKGROUND:
Some time ago the County Commission and the Marine and Port Advisory Committee (MP AC) considered a
number of issues raised by the public concerning the existence and use of large vessels on man-mad
waterbodies (canals). The MP AC held several workshops to take input from the public, to consider the issues,
and to develop options for the management of over-sized vessels within man-made waterbodies. The attached
ordinance embodies the recommendations of the Marine and Port Advisory Committee.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST: None BUDGETED: Yes No ~
COST TO COUNTY: None SOURCE OF FUNDS: NA
REVENUE PRODUCING: Yes No ---.L AMOUNT Per Month Year
APPROVED BY: County Atty ---.L NA .
DIVISION DIRECTOR APPROV AL: tt
of Growth M~hagemen
/
DOCUMENTATION: Included X To Follow _ Not Required 1
DISPOSITION: AGENDA ITEM NO.: Q2-
.
BC040330.doc
2/25/2004 10:09 AM
Marine Resources
ORDINANCE NO. 2004
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS CREATING A NEW SUBSECTION IN
CHAPTER 5.5, ARTICLE V, Sec. 108 (d), ENTITLED
"OVERSIZED VESSEL REGULATIONS," PROVIDING FOR
SEVERABILITY, PROVIDING FOR REPEAL OF
INCONSISTENT ORDINANCES, PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the desire of the Monroe County Board of Commissioners
to provide for the safety and welfare of its resident and visiting boaters; and
WHEREAS, there are over 25,000 registered vessels in Monroe County and
an unknown, but seasonally large number of visiting boats; and
WHEREAS: many of the resident and visiting boaters dock and maintain
their vessels one of the nearly 500 canal systems in Monroe County; and
WHEREAS, most of the canal systems in Monroe County are narrow, less
than 100 feet in width; and
WHEREAS, the nature of these canals, being long and narrow, frequently
having tight turns, and always having a large number of vessels docked along their
margins, makes them very difficult to navigate, particularly for large vessels; and
WHEREAS, navigating a over large vessel on most of the canals in Monroe
County constitutes a safety hazard to the captain of a large vessel and particularly
to the owners and captains of other vessels using the same waterway, now,
therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT:
Section 1. Insert Article V, Subsection 108 (d), "Oversized Vessel Regulations,"
to Chapter 5.5.
.
BC0403310RDOvrSizeVessLdoc
2/19/20048:12 AM
Marine Resources
Article V.
Sec. 5.5-108:
(d) Oversized Vessel Regulations
(1) Presence of Certain Vessels Prohibited; exceptions
(i) Vessels over 75 feet in total length are prohibited from the use
of man made waterbodies in Monroe County, where:
1. Docking is on a canal or man-made waterbody less than 100
feet wide at the docking location; or
2. The vessel length is greater than the width of the man-made
waterbody at the docking location, or;
3. When docked, the vessel impedes the safe passage of other
vessels.
(ii) Exception to this regulation is made in the case of:
1. Boating emergencies, either in the case of the oversized vessel
itself or that its inhabitants are in peril, or in the case where an
oversized vessel may need to respond to a boating emergency;
2. Major storm events;
3. For temporary maintenance and construction activities.
Section 2. Severability.
a. 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.
a. 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.
a. 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
.
BC040331 ORDOvrSizeVessLdoc
2119120048:12 AM
, . . Marine Resources
amendment thereto, and shall be apprOpriately renumbered to conform to the
uniform numbering system of the Code.
Section 5. Effective date
a. This Ordinance shall be filed with the Office of the SecretarY of State of the
State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on the 21st day
of April . A.D., 2004.
Mayor Murray Nelson -
Mayor Pro Tem David Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent -
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YORfCHAlR PERSON
(SEAL)
ATIEST: DANNY L KOLHAGE, CLERK
BY:
-
DEPUTY CLERK
BC040231
Ol!2F.I2004 :us Plv\
.
I
/.~!
.. .... .~/
/
i
PETITION' SUPPORTING "SUNCRUZ I" CASINO GAMBLING VESSEL I
Dear Commissioner:
I support the "Suncruz I" casino gambling vessel docked at Port largo Marina for
the following reason(s):
::l-f- :J;v~,$' ChJf7... -tCJt.HJ..,s-f AIJ~er .P,"',....., a-{ eM....~+A/~e..N'f- 1ft.)
-A1.c:. -ev.eIV/~~-:S lJo-f. ~ meA..J'b'e1l,J 7'f/;/1,-f ;-1- 6/J" ~ o./hr'17 f>-e&f/~
&..-J A 0 t'.-V 0 IJ I d tv o-f be //V CJ <}/? 1--;1 t1..e..1O. . t-J ho Il.?o I <-fa ~
1
Adi\/,:J.~5. dul2./~ -Ihe- oI~:J
Optional: Please complete the following
Your Name: AJD!J.J'G-J<.S _
Answer RESIDeNTS, PLEASE ANSWER THE
FOllOWING:
Are ou.retired or workin ?
On which "Key" do ou reside?
VISITORS, PLEASE ANSWER THE FOllOWING:
Number of persons with ou?
Number of prior visits to the Ke s?
Name of Hotel or Motel?
For eve one: Number of times on Suncruz?
Q,L
~ oW
7he FIorl<1a Keys Only Daily N--. Est. 1878
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano STATE OF FLORIDA
Advertising Coordinator
PO Box 1800 COUNTY OF MONROE
Key West FI 33041 Before the undersigned authority personally appeared Randy G. Erickson, who
Office...... ....305-292-7777
Extension......... ........x219 on oath says that he is Vice-President of Advertising Operations of the Key
Fax......... ....305-294-0768 West Citizen, a daily newspaper published in Key West, in Monroe County,
mcanitano@keysnews.com
INTERNET PUBLISHING Florida; th the attached copy of advertisement, ing a legal notice in the
keywesl.com matter of
keysnews.com
floridakeys.com
key-wesl.com
Web Design Services In the
NEWSPAPERS issues of
The Citizen
Southernmost Flyer
Solares Hill Affiant further says at the Key West Citi is a newspaper published in Key
Big Pine Free Press
Marathon Free Press West, in said Monroe County, Florida and that the said newspaper has
Islamorada Free Press
Key Largo Free Press heretofore been continuously published in said Monroe County, Florida every
Ocean Reef Press
Seaport Log and has been entered as second-class mail matter at the post office in Key West,
MAGAZINE in said Monroe County, Florida, for a period of 1 year next preceding the first
The Menu
Home Guide publication of the attached copy of advertisement; and affiant further says that
Citizen Local's Guide
Paradise he has neither paid nor promised any person, firm or corporation any discount,
Keys 1V Channel Guide
MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for
Commercial Printing publication in the said newspaper.
Citizen Locals Card M~)
Direct Mail
FLORIDA KEYS OFFICES ---.
Printing I Main Facility Signature of Affiant ----
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768 Sworn and subscribed before me this ~ day of
citizen@keywesl.com , 2004
Internet Division
12011M1ite Street (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywesl.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5) ;:coo ::0
33050-3342
Tel 305-743-8766 ::r: P"1
Fax 305-743-9977 - n
navigalor@floridakeys.com Expires: January 15, 2007 NR\ary~Seal
Upper Keys Office ~-...-~
0 ,.~~..f
81549 Old Hwy
PO Box 469
IS!amerada, FL (MM81.5) ",~~~t~;:;", MARY BETH CANITANO
33036-0469
Tel 3O~-2266 /~\j~:~Notory P~blic - State of Florida
Fax 3Q5.Q64-8411 -_\~ ,~1: ,'fY1yCcmm~Expies.kln J5,2oo7
freepress@floridakeys.com ---;,~.~cI<:}' Commission # DDJ 78046
Ocean Reef Office "'.'.'''''' Bonded By Nalional NotaryAssn
3A Barracuda Lane 'l\O~>;:ii~ .
Key Largo, FL 33037 Personally Known Produced Identification
Tel 305-367-4911 X
Fax 305-367-2191
Type of Identification Produced
.
I .
...
~OOPTION Q~ COUNTY O~DI-
~
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, February 18, 2004, at
3:00 PM at the Key Largo Library,
101485 Overseas Highway, Monroe
County, Florida, tfie Board of County
Commissioners of Monroe county,
Florida, intends to. consider the
adoption of the _ following County or-
dinance: .
AN ORDINANCE OF THE MONROE
COUNTY BOARD OIiiQOMt.AlS-
SIONERS CREATING A NEW SUB-
SECTION --IN _ CHAPTER.f~,~.iM\TI-
CLE V,! Sec, 1()8(d), ENTITLFD
"OVERSIZED VESSEL REGULA-
TIONS," PROVIDING FOR .SEVER-
ABILITY. PROVIDING FOR RE-
PEAL OF Il"lCONSISTENT ORDI-
NANCES, PROVIDING FOR IN-
CORPORATION INTO THE MON-
ROE COUNTY CODE, PROVIDING
FOR AN EFFECTIVE DATE,
pursuant to !:iection 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or meetings, he will need a
record of the proceedings, and that,
for such purpose, he may need to
ensure that a verbatim record of the
proceedings is made, which record
includes the testimony and evidence
upon - whiCh the appeal Is to be
based.
Copies of the above-referenced ordi-
nance are available for review at the
various publiC libraries in MQnroe
Colinty, Florida.
Dated at Marathon, Florida, this 28th
day of January, 2004.
DANNY L. KOLHAGE, Clerl<of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, florida
January 31 & February 7, 2004
,
. g~3
~
The ,,-. K_ only Dally N-. Est. 187fS
Cooke Communications, LLC
Florida Keys
~~~~:~gC~~~7~ator STATE OF FLORIDA
PO Box 1800 COUNTY OF MONROE
~:~~~.~I.~3~oi~92_7777 Before the undersig~ed ~uthori~ personally ap~e~ed Rand~ G. Erickson, who
Extension.................x219 on oath says that he IS VIce-PreSIdent of Advertlsmg OperatlOns of the Key
~~.i~~~@k~~~~~~:~ West Citizen, a daily newspaper published in Key West, in Monroe County,
INTERNET PUBLISHING Florida; that the attach copy of adverti ent, being a legal notice in the
keywestcom matter of -
keysnews.com
f1oridakeys.com
key-west.com
Web Design S8fVices In the Court, was published in said newspaper in the
NEWSPAPERS issues of ")
The C~izen
Southernmost Flyer
Solares Hill Affi furth th K W C" . bl' h d' K
Big Pine Free Press ant er says e ey est ltlzen IS a newspaper pu IS e m ey
Marathon Free Press W"d M C FI'd d h h 'd h
Islamorada Free Prass est, m sal onroe ounty, on a an t at t e sal newspaper as
~~;~ee';~=~ess heretofore been continuously published in said Monroe County, Florida every
Seaport Log and has been entered as second-class mail matter at the post office in Key West,
=~~NE in said Monroe County, Florida, for a period of 1 year next preceding the first
~:':., ~=I'S Guide publication of the attached copy of advertisement; and affiant further says that
~:,~d~ Channel Guide he has neither paid nor promised any person, firm or corporation any discount,
MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for
Commercial Printing publication in the said newspaper. ~
~,_oro UL
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility S' t f AfE t
3420 Northside Drive 19na ure 0 Ian
Key West, FL
33040-1 BOO
Tel 305-292-7777 .1 ~.
Fax 305-294-0768 ~ C:.~ r;
cilozen@keywest.com Sworn and subscribed before me thisl day of €i ;:';:2004
Internet Division r-. . I , 1
1201 Wh~e Street (Su~e 103) rT1;:t:; -< -< 0
Key West, FL g;.., r- 1 ."
33040-3328 .-- - . 0') ,-.
Tel 305-292-1880 -:;:::c ~ ~
Fax 305-294-1699 . C. -'V
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743~766
Fax 305-743-9977
navigator@floridakeys.com ,
Expues: January 15,2007 Notary Seal
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada, FL (MM81.5)
33036-0469
Tel 3O!Hi64-2266
Fax 305-664-8411
freepress@fIoridakeys.com
Ocean Reef Office
3A Barracuda Lane
Key Largo, FL 33037
Tel 305.J67-4911 Personally Known x Produced Identification
Fax 305-367-2191
Type of Identification Produced
~
o.-t- YU5
~
TIre FlorIda Kev- Only Dally N_ Est. '878
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano STATE OF FLORIDA
Advertising Coordinator
PO Box 1800 COUNTY OF MONROE
Key West FI 33041 Before the undersigned authority personally appeared Randy G. Erickson, who
Office...... ....305-292-7777
Extension......... ........x219 on oath says that he is Vice-President of Advertising Operations of the Key
Fax......... ....305-294-0768 West Citizen, a daily newspaper published in Key West, in Monroe County,
mcanitano@keysnews.com
INTERNET PUBLISHING Florida; that the attachf ~ ~f adverti'if;;;P;;ing !-le~ notice in the
keywest. com
keysnews.com matter of1l2JD /)J~ YJi JIV) I )f ..0(0
floridakeys.com
key-west.com
Web Design Services In the Court, was pu lished in said newspaper in the
NEWSPAPERS issues of
The C~izen
Southernmost Flyer
Solares Hill Affiant further says ill e Key West Citizen is a newspaper published in Key
Big Pine Free Press
Marathon Free Press West, in said Monroe County, Florida and that the said newspaper has
Islarnorada Free Press
Key Largo Free Press heretofore been continuously published in said Monroe County, Florida every
Ocean Reef Press
Seaport Log and has been entered as second-class mail matter at the post office in Key West,
MAGAZINE
The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first
Home Guide publication of the attached copy of advertisement; and affiant further says that
Citizen Local's Guide
Paradise he has neither paid nor promised any person, firm or corporation any discount,
Keys 1V Chamel Guide
MARKETING SERVICES rebate, commission or refund for the purpose of securing this ~.ye~ement for
Commercial Printing publication in the said newspaper. ~\. 0 ~ r=
C~izen Locals Card
Direct Mail % :::J: rr1
)::P a
:::0
I '71
FLORIDA KEYS OFFICES 0
Printing I Main Facility Signa
3420 Northside Drive
Key Wes\, FL -l (") ~.~
33040-1800 :< ;--i p: -
Tel 305-292-7777 -
Fax 305-2~768 ~ r-') ... "..:~.J
cjtizen@keywest.com Sworn and subscribed before me this-.L day of~, 2004
Internet Division
12011M1~e Street (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
navigator@floridakeys.com Expires: January 15,2007 Notary Seal
Upper Keys Office
81549 Old Hwy
PO Box 469 ,"~~~~'~::i'" MARY BETH CANITANO
ISlamerada, FL (MM81.5)
33036-0469 {"'~'A;'j.>\Notary P~bIiC . Slate of Florida
Tel 305-664-2266
Fax 305-664-8411 ~ '. ~ ":My CommlSSlOO EY.j::lfes.kJn 15,2007
-".~ .~-
freepress@floridakeys.com --;_~:"~:)::~",,. Commission # D0178046
Ocean Reef Office '..,..", Bonded By National Notary As~n
3A Barracuda Lane ....
Key Largo, FL 33037
Tel 305-367-4911 Personally Known x Produced Identification
Fax 305-367-2191
Type of Identification Produced
SIDER
ADOPTlOtol~NTY ORDI-
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, March 17, 2004, at 3:00
PM at the MarathOn Government
Center, 2798 Overseas Highway,
Second Floor, Marathon, Monroe
County; Florida, the Board of County
CommiSSioners of Monroe County,
Florida, intends to consider the
adoption of the following County or-
dinance:
AN ORDINANCE OF THE MONROE
COUNTY BOARD OF COMMIS-
SIONERS CREATING A NEW SUB-
SECTION IN CHAPTER 5.5, ARTI-
CLE V. Sec, 108 (d), ENTITLED
'OVERSIZED VESSEL REGULA-
TIONS,. PROVIDING FOR SEVER-
ABILITY, PROVIDING FOR RE-
PEAL OF INCONSISTENT ORDI-
NANCES, PROVIDING FOR IN-
CORPORATION INTO THE MON-
ROE' COUNTY DOCE, PROVIDING
FOR AN EFFECTIVE DATE.
pursuant to section 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or meetings, he will need a
record of the proceedings, and that,
for such purpose, he may need to
ensure that a verbatim record of the
proceedings .is .maQe, which record
Includes the testimony and evidence
upon which the appeal is to be
baSed,
Copies of the abOve-referenced ordi-
nance are available for review at the
various public libraries In Monroe
County, Florida,
Dated at Marathon, Florida, this 25th
day of February, 2004.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe .County, Florida
February 28 & March 3, 2004.
~_...."_...- --