Item P03 } P.3
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: P.3
Agenda Item Summary #9677
BULK ITEM: No DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
11:30 AM
AGENDA ITEM WORDING: Discussion and direction on future restrictions on the use of the
Bay Harbor right of way (ROW).
ITEM BACKGROUND: At a special meeting on 21 June 2021, the BOCC directed staff to close
the ROW extension of Bay Drive as a recreation area effective 22 June 2021 until further resolution
of the BOCC. This item is to allow staff to present what the experiences have been since the July
closure and to allow the BOCC to discuss possible plans going forward.
PREVIOUS RELEVANT BOCC ACTION:
15 JUN 2011 BOCC adopted Resolution 165-2011 establishing rules of behavior for the
recreation area at the end of Bay Drive.
21 JUN 2021 BOCC adopted resolution 229-2021 repealing Resolution 165-2011 and closing
the ROW recreation area from June 2, 2021, until a further resolution of the
BOCC; BOCC also adopted Resolution 228-2021 establishing a no parking zone
comprised of the entire Bay Harbor and Sunset Point neighborhoods.
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Discussion
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Packet Pg. 2585
P.3
Total Dollar Value of Contract: N/A
Total Cost to County: depends on direction
Current Year Portion: depends on direction
Budgeted: No
Source of Funds: N/A
CPI: N/A
Indirect Costs: staff time
Estimated Ongoing Costs Not Included in above dollar amounts: TBD
Revenue Producing: TBD If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: TBD
Additional Details: N/A
N/A
REVIEWED BY:
Kevin Wilson Completed 08/31/2021 11:55 AM
Patricia Eables Completed 08/31/2021 1:44 PM
Purchasing Completed 08/31/2021 1:47 PM
Budget and Finance Completed 08/31/2021 4:08 PM
Maria Slavik Completed 08/31/2021 4:35 PM
Liz Yongue Completed 08/31/2021 5:13 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
Packet Pg. 2586
Pamela G. Hancock
From: Yongue-Liz <Yongue-Liz@MonroeCounty-FL.Gov>
Sent: Monday, September 13, 2021 9:11 AM
To: County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Wilson-Kevin;
Shillinger-Bob; Gastesi-Roman; Eables-Patricia
Cc: Ballard-Lindsey
Subject: FW: BOCC Meeting Sept 15 Agenda Item P.3. Bay Harbor ROW
Good Morning!
Please see the comment below regarding Item P-3 on the 9/15/2021 Regular BOCC Meeting Agenda, and please let me
know if you have any questions!
Liz Yongue
Executive Assistant
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)292-4544(Fax)
Courier Stop#1
Yongue-liz@monroecounty-fl.gov
From: MARK GLEN FAULSTICH <markglen8500@comcast.net>
Sent: Sunday, September 12, 2021 7:46 PM
To:Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov>
Subject: BOCC Meeting Sept 15 Agenda Item P.3. Bay Harbor ROW
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Name: Mark Faulstich
Address: 215 Navajo Street, Tavernier FL 33070-2119
Phone: 305-842-1578
Email: markQlen500(a)com cast.net
Agenda Item No.: P. 3. Bay Harbor Right of Way
I am the spokesperson for a group of Monroe County residents who are very disturbed by the closing
of the beach commonly called Sunset Beach, which is related to the Bay Harbor right of way. I hope
to address the commissioners on Wednesday, but in case I am not able to, I would like to present our
main points here.
Legitimate Closing
i
While at first we were outraged by the closing of the beach and the $200 No Parking signs, we now
recognize that there was a dire situation there that required drastic remedies.
Time to Re-open
However, 3 months have passed; Labor Day has come and gone; and we feel the beach should be
re-opened now.
People I Represent
The people I represent depend on the beach for their water access. One man bought a home
recently on Key Largo based on the availability of the beach, while the rest have lived here many
years and have regularly used the beach. It is the only beach that meets their needs.
Legality
We are aware that previous owners legally willed the property to the county for the express purpose
of providing access to the public. It is supposed to be open to the public by law, and we feel it is
legally incumbent on the county to re-open the beach now.
Qualities of the Beach
The beach is the only true sand beach in the entire Key Largo area, where we define it by the
following qualities: fine sand on the shore for lounging and approaching the water, smooth sand
bottom extending well out into the water, neither too deep not too shallow, unobstructed view of the
bay with a gorgeous Keys seascape. Those qualities make the beach perfect for wading and
therefore suitable to beach-goers and set it apart from all other water access in the area.
Possible Alternatives
The only possible alternatives are Rowell's Waterfront Park and Harry Harris Park. Both are
unacceptable to the people I represent. Rowell's is a marina, which is suitable for boats, but not
people. It has a concrete basin that make it utterly unacceptable to beach-goers. Harry Harris also
has a basin of sorts, surrounded by boulder walls, which make it unsuitable to most beach-goers.
Therefore Sunset Beach is the only beach in the whole Key Largo area that provides the access the
people I represent require for a full enjoyment of the Keys. Further while small, it is one of the best
sand beaches in all of the Keys.
My Experience
I have a long history with the beach, going back 20 years. I have been on the beach many, many
times sharing it peacefully with 20 to 40 people with no problems whatsoever. I never once had a
bad experience at the beach. What happened a few months ago was the exception, not the norm.
Parking
The current parking lot is insufficient for the capacity the beach can readily sustain. We feel that, at
least, the No Parking signs outside the HOA fence and at other nearby shoulders, especially at the
wild area of dense Keys foliage just down the street, should be removed. However, we would
strongly suggest that the county expand the parking in the following ways:
Push the HOA fence back from the road enough to create vertical parking spaces there.
Push the public fence back from the road and create a small parking lot there.
Concentrating the parking close to the beach would not only be convenient to beach-goers, but would
also minimize the impact of the beach on the homeowners.
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Parking as a Self-regulating Mechanism
We feel that if the County determined the max capacity of the beach, determined the average number
of cars associated with that number, created that number of parking spaces as per the above, and
then clearly marked valid parking with "Beach Parking: No Boat Trailers" signs, while marking all
other areas with the $200 No Parking signs, those measures, in and of themselves, would serve as a
sort of self-regulating mechanism for the beach, keeping it within reasonable capacity.
Attendant
An attendant though would be an additional means of maintaining order at the beach. The attendant
would enforce the basic rules regarding tents, alcohol, dogs, loud music, etc. and maintain the
parking within its limits.
The attendant should only be needed on weekends and could be a part-time county employee or
could come from a pool of volunteers from the local beach-goers and homeowners. If an employee,
the $200 fines could possibly cover the expense.
Facilities
Restroom facilities, such as a port-o-potty or two, would be a definite convenience for beach-goers,
and we highly recommend their inclusion.
We strongly feel that now is the time to re-open the beach for the people who depend on it for their
water access and that it can be done in a safe, orderly fashion.
Thank you,
Mark Faulstich
3
Pamela G. Hancock
From: Yongue-Liz <Yongue-Liz@MonroeCounty-FL.Gov>
Sent: Monday, September 13, 2021 2:59 PM
To: County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Wilson-Kevin;
Shillinger-Bob; Gastesi-Roman; Eables-Patricia
Cc: Ballard-Lindsey
Subject: FW: P-3 on upcoming meeting september 15
Good Afternoon!
Please see the comment below regarding Item P-3 on the 9/15/2021 Regular BOCC Meeting Agenda, and please let me
know if you have any questions!
Liz Yongue
Executive Assistant
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)292-4544(Fax)
Courier Stop#1
Yongue-liz@monroecounty-fl.gov
From: rosemaryann hurley<rosemaryann.hurley@gmail.com>
Sent: Monday, September 13, 2021 11:28 AM
To:Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov>
Subject: P-3 on upcoming meeting september 15
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
To Whom It May Concern:
I hope that there can be a way to keep Sunset Beach (Bay Harbor) open to residents of Monroe County.
My grandchildren, daughter and myself love going to that Beach, and the idea of it being closed permanently is very sad.
We live in the Upper Keys, and there is no other place to really swim comfortably.
Residents of Monroe County could purchase a yearly sticker to put on their cars. A sign could be put up saying Monroe
County residents only, If someone is on vacation, they could have whomever they are renting from provide a temporary
pass.
It is my understanding that this Beach was willed by someone to the Public. Keeping a will is important.
1
Thank you for your time.
Sincerely,
Rosemary Hurley.
2