Item R3 R.3
County �� � .�� �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 � Holly Merrill Raschein,District 5
County Commission Meeting
November 17, 2021
Agenda Item Number: R.3
Agenda Item Summary #9931
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305)292-3477
N/A
AGENDA ITEM WORDING: Approval of a Resolution establishing rules and regulations for the
Bay Harbor Drive right of way recreation area located in the Sunset Point / Bay Harbor
Subdivisions.
ITEM BACKGROUND: There have been ongoing issues with the Bay Harbor Drive right of way
(ROW) recreation area in Key Largo, sometimes known as Sunset Point Park 2. The Board
addressed the problems at numerous meetings in 2021 as to neighborhood parking issues, trash in the
area, overcrowding, abuse of surrounding properties by park visitors, inappropriate drinking, and
numerous other issues raised by constituents.
The Board directed staff at its June 16, 2021, meeting to propose options for this area to relieve the
hardship it was creating for the neighborhood. The Board subsequently approved Resolution 228-
2021 on June 21, 2021, to address the parking issues and approved Resolution 229-2021 on that
same date which closed public access to this recreational area and rescinded Resolution 165-2011,
which had established rules for the area. The area remained closed until the Board approved
reopening the recreational area on September 15, 2021, on Tuesday through Thursday, from sunrise
to sunset. Staff was directed to continue its study of the area under the revised schedule and to
report back in November with an update. Later in that same meeting, the Board also voted to
reinstate Resolution 165-2011 to restate the rules for the area.
The proposed resolution establishes new rules for use of the property in place of all prior actions,
including Resolution 165-2011. The Resolution retains the same schedule and hours of operation
that the Board approved on September 15, 2021, which is Tuesday through Thursday, from sunrise
to sunset, which appears to be working at the present time. The Resolution conditions use of the
property on adherence to the rules and further provides for the prosecution of anyone violating these
rules as a trespasser.
PREVIOUS RELEVANT BOCC ACTION:
September 15, 2021 The BOCC approved re-opening the ROW area from Tuesday to Thursday
from sunrise to sunset and to reinstate Resolution 165-2011.
July 21, 2021 The BOCC discussed continuation of the closure of the Bay Harbor Drive
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R.3
ROW area and directed staff to continue to monitor the situation in that
area.
June 21, 2021 The BOCC adopted Resolution 228-2021 restricting parking in the
surrounding neighborhoods of the Bay Harbor Drive recreation area and
adopted Resolution 229-2021 closing the recreation area to all public use
by residents and visitors, and rescinded Resolution 165-2011.
June 16, 2021 The BOCC directed staff to bring forth closure options for the short term
and to investigate long term solutions to address the issues at the
recreation area that is having a detrimental impact on the surrounding
neighborhoods.
June 15, 2011 The BOCC adopted Resolution 165-2011 establishing rules for the use of
the recreation area at the end of Bay Harbor Drive.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
RESOLUTION on Rules for Bay Drive Park(final legal stamped) (rev)
FINANCIAL IMPACT:
Effective Date: November 17, 2021, upon approval by the Board
Expiration Date: Only if later rescinded or modified.
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details: Minimal costs for printing of sign for the rules and any staff related time.
N/A
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R.3
REVIEWED BY:
Bob Shillinger Completed 11/02/2021 4:04 PM
Patricia Eables Completed 11/02/2021 4:06 PM
Purchasing Completed 11/02/2021 4:24 PM
Budget and Finance Completed 11/02/2021 4:38 PM
Maria Slavik Completed 11/02/2021 4:49 PM
Liz Yongue Completed 11/02/2021 4:50 PM
Board of County Commissioners Pending 11/17/2021 9:00 AM
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RESOLUTION NO. -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORDA,
SETTING RULES FOR USE OF THE RECREATIONAL 2
AREA ON BAY HARBOR DRIVE, SUNSET POINT, PB 2, 2
PAGE 81, KEY LARGO, FLORIDA; RESCINDING RESOLUTION
165-2011 AND ANY OTHER RULES AND REGULATIONS
PERTAINING TO THIS RECREATIONAL AREA; AND
PROVIDING AN EFFECTIVE DATE.
0
WHEREAS, F.S. 125.01(1)(m) vests the Board of County Commissioners (Board) with
the authority to regulate and control usage of County roads; and
WHEREAS, Bay Harbor Drive is a County road located in Key Largo, as shown on Plat
Book 2, Page 81 and at Plat Book 2,Page 91, a copy of which is attached hereto and incorporated
herein as Composite Exhibit"A"to this Resolution; and T
WHEREAS, the end of Bay Harbor Drive has continually been used for recreational
purposes by residents and visitors over the years and has thus been utilized as an unnamed park; �2
and
WHEREAS,in response to the recreational usage,the Board adopted Resolution 165-2011
on June 15, 2011, establishing rules for the recreation area at the end of Bay Harbor Drive; and r
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WHEREAS, over the years, however, the Bay Harbor Drive recreation area has been
improperly used by the public and continued to become an extremely congested area,thus creating
issues for the surrounding neighborhoods; and
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WHEREAS, the Board and Monroe County staff continued to receive numerous
complaints in recent years concerning the improper usage, inappropriate behavior of beachgoers,
littering,parking issues, and other unacceptable behavior at the Bay Harbor Drive recreation area;
and N
WHEREAS,on June 21,2021,the Board adopted Resolution 228-2021 restricting parking
in the surrounding neighborhoods of the Bay Harbor Drive recreation area; and c
z
WHEREAS, the Board on June 21, 2021, adopted Resolution 229-2021, closing the
recreational area of Bay Harbor Drive to all public use by residents and visitors due to the ongoing
issues being created for the surrounding neighborhood and rescinded Resolution 165-2011; and
WHEREAS, the Board at its September 15, 2021, after discussion and a proper motion
unanimously approved, directed staff to re-open the Bay Harbor right of way recreational area on
a limited basis of Tuesday through Thursday, from sunrise to sunset, and to report back at the
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R.3.a
Board's November meeting with an update on the recent use of the area and any accompanying
issues; and
WHEREAS, on September 15, 2021, the Board also voted to reinstate Resolution 165-
2011, which had been rescinded on June 21, 2021, by Resolution 229-2021; and a
WHEREAS, this Resolution is necessary to establish new, updated rules and regulations
that shall apply whenever the Bay Harbor Drive recreational area is deemed open; 0
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.
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SECTION 2. This Resolution supersedes and rescinds all prior actions of the
Board as to any rules and regulations established with regard to this Bay Harbor Drive recreational
area, including but not limited to Resolution 165-2011.
SECTION 3. The following rules are established for the recreation area located at
the end of Bay Harbor Drive, Sunset Point,PB 2,Page 81, and PB 2,Page 91,Key Largo, Florida: E
1) The recreation area shall be open to the public, on Tuesday through Thursday, from
sunrise until sunset.
2) No person shall consume any alcoholic beverage or possess any container filled
with alcoholic beverages.
3) No glass containers are allowed. CL
4) No person shall cook or light or maintain any cooking fire, campfire, or other fire >
except in a county-provided permanently installed grill structure.
5) All domestic animals are prohibited, except for animals that assist disabled persons.
6) There shall be no commercial activity of any type permitted. 0
7) All visitors to the recreational area must properly dispose of any
garbage/waste/debris or other items brought into the area.
8) All swimming shall be at the individual swimmer's own risk.
9) Any patron of the recreation area shall only park in designated parking areas, if any,
and obey all other parking signs in the surrounding area.
10) The Director of Facilities Maintenance shall post signs at the entrance to summarize
the rules established by this Resolution. w
SECTION 4. Use of the premises is conditioned upon compliance with these rules.
Violators of these rules shall be prosecuted as trespassers.
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R.3.a
SECTION 5. The Clerk of Courts is directed to provide a copy of this Resolution to the
Monroe County Sheriff.
SECTION 6. This Resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of November, 2021.
0
Mayor
Mayor Pro Tem
Commissioner
Commissioner
Commissioner
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
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MONROE r,0,UNTY ATTORNEY' OFFICE
CF�aTO OIR tl c
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ASSISTANT f yffiffRNEY
DATE:
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