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Item R1 �s R.1 y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS County of Monroe , Mayor David Rice,District 4 �� {sJ ` °' Mayor Pro Tem Craig Cates,District 1 The Florida.Keys '� Michelle Coldiron,District 2 Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting December 8, 2021 Agenda Item Number: R.1 Agenda Item Summary #9959 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 n/a AGENDA ITEM WORDING: Approval of a resolution fixing and delineating the boundaries of the County Commission Districts numbered one to five, inclusive, to become effective for the 2022 Election Cycle. ITEM BACKGROUND: Following the Board's direction of October 20, 2021, County staff has prepared a resolution and maps for the new five County Commission districts. This process is required by Article VIII, Section 1(e) of the Florida Constitution and F.S. 124.01(3) after each decennial census. This process must be completed within an odd numbered year. F.S. 124.01(3). The"odd numbered year" requirement is in place so as not to interfere with election cycles, which occur in even numbered years. The proposed districts were previously presented to the Board as the 12 October 2021 revised maps and distribute the population amongst the five commission districts as follows: 2020 Census Percent Deviation District Population Deviation Target Average: Population per Per Current .Proposed Change: Percent From District# with Proposed Population Current district district (population) Deviation Boundary Target Boundary Boundaries ........ ......... „. ......... ..... .......... .. .......... ............ ............ ......... ... ........... .......... ... ............ ........... 1 16,575 16,656. 049% 247 16,409', 166 ....... ......... ......:. ......... ......... ......... ......... ......... ......... ......... ......... .......... 2 16,575 16,275. -1.81% 300 16,575', 0 0.00% ......... ......... ......... ......... ......... ......... ......... ......... .......... 3 16,575:: 15,585 -5.97%.. 927::: 16,512'' -63.. -0.38% .....,... ..,..,...,.. „. .....,...,. ..,...,.. ............. .. ..,...,..... ....,.....,.. .,...,.....,. .,...,..,..., ..,.....,... ...,.....,.. 4 16,575. 17,235 3.98% -811 16,424', 151 0.91°f Greatest deviation ........ ......... ......... .......... .. ........- .......... ......... ......... .......... .......... <<5 16,575 17,123 3 31%: 169 16,954 379 3.29% VITAL 82,874 82,874 82,874 Per the 2020 census, Monroe County has a total population of 82,874, which equates to an average of 16,575 residents per district. The districts proposed by the resolution and shown in the maps incorporated into the resolution range from 16,409 in District 1 to 16,954 in District 5, or a greatest deviation of 3.29%between smallest and largest district. Despite the difference in population, the proposed maps satisfy the requirements set by the U.S. Supreme Court. A district map Packet Pg. 2448 R.1 presumptively complies with the one-person, one-vote rule where the maximum population deviation between the largest and smallest district is less than 10%. Evenwel v. Abbott, 578 U.S. 54, 136 S.Ct. 1120, 1124 (2016). The proposed maps leave all County Commissioners, Monroe County School Board Members, Florida Keys Aqueduct Authority (FKAA) Board Members, and Monroe County Mosquito Control District members in their current districts. The FKAA and Mosquito Control District must follow BOCC district boundaries. The School Board has opted to follow the BOCC district boundaries. PREVIOUS RELEVANT BOCC ACTION: On 10/20/21, the Board directed the County Attorney to prepare a resolution formalizing the maps described as the 12 October 2021 maps as the new commission districts. On 8/15/21, the County Attorney briefed the Board on the redistricting process. The Board gave direction to staff to try to complete the redistricting in 2021 despite the late release of census data by the U.S. census bureau. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution changing BOCC district boundaries 2021 Exhibit A - 2021 BOCC District Maps Exhibit B - 2021 BOCC Districts Countywide Map FINANCIAL IMPACT: Effective Date: Resolution becomes effective upon adoption; maps become effective for the 2022 Election Cycle Expiration Date: n/a Total Dollar Value of Contract: n/a Total Cost to County: n/a Current Year Portion: n/a Budgeted: n/a Source of Funds: n/a CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: n/a If yes, amount: n/a Grant: n/a County Match: n/a Insurance Required: n/a Packet Pg. 2449 R.1 Additional Details: n/a n/a REVIEWED BY: Bob Shillinger Completed 11/14/2021 6:07 PM Bob Shillinger Completed 11/22/2021 11:50 AM Purchasing Skipped 11/14/2021 6:08 PM Budget and Finance Skipped 11/14/2021 6:08 PM Maria Slavik Skipped 11/14/2021 6:08 PM Liz Yongue Completed 11/22/2021 3:31 PM Board of County Commissioners Pending 12/08/2021 9:00 AM Packet Pg. 2450 R.1.a �Qv i4 Fy Pt 4t q W RESOLUTION NO. - 2021 A RESOLUTION OF THE MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, FIXING AND DELINEATING THE BOUNDARIES OF THE COUNTY COMMISSIONERS' DISTRICTS NUMBERED ONE TO FIVE INCLUSIVE IN MONROE COUNTY, FLORIDA, TO BECOME EFFECTIVE FOR THE 2022 ELECTION CYCLE. WHEREAS, it is necessary and required by law to change the present boundaries of County Commissioners' Districts in Monroe County, Florida, pursuant to the requirements of Article VI11, Section 1(e), of the Constitution of the State of Florida and F.S. 124.01; and WHEREAS, the Board finds that according to the 2020 data provided by the U.S. Census Bureau, there have been sufficient population changes in the Districts established by Resolution 336-2011 to warrant adjusting the District Boundaries; and y WHEREAS, County staff has presented the Board with proposed maps demarcating the boundaries for the five commission districts with a maximum deviation of census population of 3.29% between the least and most populous districts; and WHEREAS, the County Attorney has advised the Board that the proposed maps satisfy the constitutional maximum deviation requirements necessary to comply with the Equal Protection Clause of the 14t" Amendment to the United States Constitution, see, ca Evenwel v. Abbott, 578 U.S. 54 (2016) citing Brown v. Thomson, 462 U.S. 835 (1983); NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, that, effective for the 2022 election cycle, the County Commissioners' Districts in Monroe County Florida shall be numbered, from west to east, as 3, 17 27 4, and 5 and as more specifically described below and shown graphically on the maps attached as Exhibit "A", which is attached hereto and incorporated herein, and shall be designated numerically as is stated hereinafter: Section 1. District No. 3 of the County Commission shall comprise a portion of the City of Key West, and an unincorporated area of the County, and shall be more particularly described as follows: Packet Pg. 2451 R.1.a That area within the City of Key West and unincorporated Monroe County lying generally westerly of a line described as follows: Commencing at a point on the centerline of 17tn Street where it intersects with North Roosevelt Boulevard, a.k.a. U.S. 1, projecting northerly for nine nautical miles into the Gulf of Mexico; and from that same point of commencement thence in a southerly direction along the centerline of 17tn Street until it intersects with Northside Drive, thence westerly along the centerline of Northside Drive until it intersects with Kennedy Drive, thence southeasterly for two blocks until the 1100 Block of Kennedy Drive where it intersects with a private road belonging to the Florida Keys Aqueduct Authority, thence turning Southwesterly along the centerline of that private road until it intersects with 12tn Street, thence southeasterly for one block, where in intersects with Patterson Avenue, thence southwesterly along the centerline of Patterson Avenue until Patterson Avenue intersects with 10tn Street, thence southeasterly along the center line of 10tn Street until it intersects with Harris Avenue, thence southwesterly along the centerline of Harris Avenue until it intersects with Sunset Drive, thence southeasterly along the centerline of Sunset Drive until it intersects with the Staples Avenue, thence southwesterly along the centerline of Staples Avenue until it intersects with a canal that connects Salt Run Channel to Riveria Canal, thence proceeding southeasterly along the center line of that canal until the canal intersects with the centerline of Flagler Avenue, thence southwesterly down the centerline of Flagler Avenue until it intersects with Government Road, thence turning south down the centerline of Government Road towards the Key West International Airport, until Government Road is parallel to the westernmost edge of the upland portion of the Key West International Airport, thence following the shoreline of the Key West International Airport to the southeast until it intersects with an easement described in Resolution 399-1996, recorded at book 1525, page 1254 of the official records of Monroe County, thence turning south down the centerline of said easement until it intersects with South Roosevelt Boulevard, aka U.S. Route A1A, thence turning westerly down the centerline of South Roosevelt Boulevard aka U.S. Route A1A until it intersects with Bertha Street, then turning south out into the Atlantic Ocean down the centerline extending from Bertha Street for three geographic miles into the Atlantic Ocean or to the edge of the Gulf Stream, whichever is the greater distance. The area also includes all of Dredgers Key, all islands to the west of Key West including the area known as the Dry Tortugas. 0 Section 2. District No. 1 of the County Commission shall comprise a portion of the City of Key West and the unincorporated area of Monroe County and shall be more particularly described as follows: That area within the City of Key West and unincorporated Monroe County, known as Stock Island, Raccoon Key (A.K.A. Key Haven), Rockland Key, and Geiger Key lying generally easterly of a line described as follows: Packet Pg. 2452 R.1.a Commencing at a point on the centerline of 17t" Street where it intersects with North Roosevelt Boulevard, a.k.a. U.S. 1, projecting northerly nine nautical miles into the Gulf of Mexico; and from that same point of commencement thence in a southerly direction along the centerline of 17t" Street until it intersects with Northside Drive, thence westerly along the centerline of Northside Drive until it intersects with Kennedy Drive, thence southeasterly for two blocks until the 1100 Block of Kennedy Drive where it intersects with a private road belonging to the Florida Keys Aqueduct Authority, thence turning Southwesterly along the centerline of that private road until it intersects with 12t" Street, thence southeasterly for one block, where in intersects with Patterson Avenue, thence southwesterly along the centerline of Patterson Avenue until Patterson Avenue intersects with 10t" Street, thence southeasterly along the center line of 10t" Street until it intersects with Harris Avenue, thence southwesterly along the centerline of Harris Avenue until it intersects with Sunset Drive, thence southeasterly along the centerline of Sunset Drive until it intersects with the Staples Avenue, thence southwesterly along the centerline of Staples Avenue until it intersects with a canal that connects Salt Run Channel to Riveria Canal, thence proceeding southeasterly along the center line of that canal until the canal intersects with the centerline of Flagler Avenue, thence southwesterly down the centerline of Flagler Avenue until it intersects with Government Road, thence turning south down the centerline of Government Road towards the Key West International Airport, until Government Road is parallel to the westernmost edge of the upland portion of the Key West International Airport, thence following the shoreline of the Key West International Airport to the southeast until it intersects with an y easement described in Resolution 399-1996, recorded at book 1525, page 1254 of the official records of Monroe County, thence turning south down the centerline of said easement until it intersects with South Roosevelt Boulevard, aka U.S. Route A1A, thence turning westerly down the centerline of South Roosevelt Boulevard aka U.S. Route A1A until it intersects with Bertha Street, then turning south out into the Atlantic Ocean down the centerline extending from Bertha Street for three geographic miles into the Atlantic Ocean or to the edge of the Gulf Stream, whichever is the greater distance. And extending east to include all of Stock Island on both sides of U.S.1 and Raccoon Key (AKA Key Haven), until the western end of the Boca Chica Bridge at which point, the district shall only include that territory south of the centerline of U.S. 1 on the Boca Chica Bridge, Rockland and Geiger Keys, ending at a point on the centerline of U.S. Highway No. 1 at the intersection of U.S. 1 and Boca Chica Road, thence heading south easterly down the centerline of Boca Chica Road until it intersects with Geiger Road, then heading easterly along the center line of Geiger Road until it meets the water, then Southeasterly three geographic miles into the Atlantic Ocean or to the edge of the Gulf Stream, whichever is the greater distance; and the boundary shall also extend perpendicularly from the center line of U.S. 1 at the western end of the Boca Chica Bridge out into the Gulf of Mexico for nine nautical miles. Packet Pg. 2453 R.1.a Section 3. District No. 2 of the County Commission shall comprise a portion of the City of Marathon and the unincorporated area of the Lower Keys of Monroe County and shall be more particularly described as follows: All of the territory lying generally easterly of a point on the centerline of U.S. 1 at the western end of the Boca Chica Bridge with a line extending perpendicular to U.S. 1, Northwesterly nine nautical miles into the Gulf of Mexico and easterly along the northern side of the centerline of U.S. 1 until it intersects with Boca Chica Road, then south easterly down the center line of Boca Chica Road until it intersects with Geiger road, then heading easterly along the center line of Geiger Road until it meets the water, then southeasterly three geographic miles into the Atlantic Ocean or to the edge of the Gulf Stream, whichever is the greater distance, to a point on the Centerline of U.S. 1 at the North end of the Seven Mile Bridge (South shoreline of the City of Marathon) to a line being perpendicular to U.S. Highway No. 1 and extending Southeasterly three geographic miles into the Atlantic Ocean or to the edge of the Gulf Stream, whichever is the greater distance; also the territory lying Northerly of the centerline of U.S. 1 in the City of Marathon, commencing at the North end of the Seven Mile Bridge and extending Northeasterly along the centerline of U.S. Highway No. 1 to a point that intersects the centerline of Aviation Boulevard thence following the center line of Aviation Boulevard until it intersects with Peter Jay Street, then southeasterly along the western edge of Peter Jay Street along the eastern perimeter of the Florida Key Marathon International Airport until the end of Peter Jay Street and continuing in along the eastern perimeter of the Florida Keys Marathon International Airport in a straight line until that line intersects with the centerline of U.S. 1 thence continuing northeasterly for approximately 55 feet until U.S. 1 intersects with 107t" Street, Gulf Side, then proceeding northerly along the centerline of 107t" Street Gulfside until the canal at end of 107t" Street, Gulfside, then proceeding east along the southernmost edge of that canal until it ends at open water, then proceeding from that point due north into the Gulf of Mexico for nine nautical miles. Section 4. District No. 4 of the County Commission shall comprise a portion of the City of Marathon, a portion of Islamorada, Village of Islands, all of the City of Key Colony Beach, all of the City of Layton and a portion of the unincorporated area of Monroe County and shall be more particularly described as follows- 0 All of the territory in the City of Marathon that is located east of the Seven Mile Bridge that is South of the centerline of U.S. 1 to the point where it intersects with Aviation Boulevard, then following the centerline of Aviation Boulevard until it intersects with Peter Jay Street, then following the western edge of Peter Jay Street along the eastern perimeter of the Florida Key Marathon International Airport until the end of Peter Jay Street and continuing in along the eastern perimeter of the Florida Keys Marathon International Airport in a straight line until that line intersects with the centerline of U.S. 1 thence continuing northeasterly for approximately 55 feet until U.S. 1 intersects with Packet Pg. 2454 R.1.a 107t" Street, Gulf Side, then proceeding northerly along the centerline of 107t" Street Gulfside until the canal at end of 107t" Street, Gulfside, then proceeding east along the southernmost edge of that canal until it ends at open water, then proceeding from that point due north into the Gulf of Mexico for nine nautical miles, and continuing from that point to include the remaining territory of the City of Marathon, inclusive of the Marathon Airport property, and all of the territory Northeasterly of the City of Marathon, inclusive of the City of Key Colony Beach and the City of Layton and extending through most of Islamorada, Village of Island to a point on U.S. 1 where it intersects with the centerline of Sunshine Boulevard in Islamorada, and extending northerly up the centerline of Sunshine Boulevard until Sunshine Boulevard terminates on Tavernier Creek, then extending along the centerline of Tavernier Creek until it meets open water in Florida Bay, then Northerly into Florida Bay for nine nautical miles; also the territory lying Southerly of U.S. 1 to the centerline of Tavernier Creek; thence Southerly along the centerline of Tavernier Creek to the Atlantic Ocean and then to a line extending Easterly three geographic miles into the Atlantic Ocean or to the edge of the Gulf Stream, whichever is the greater distance. Section 5. District No. 5 of the County Commission shall comprise the following more particularly described territory of Monroe County: N All of the territory lying Northerly of the centerline of U.S. Highway No. 1 where it intersects the centerline of Sunshine Boulevard in Islamorada; thence in a Northerly direction along the eastern side of the centerline of Sunshine Boulevard until Sunshine Boulevard terminates on Tavernier Creek, then extending along the eastern side of the centerline of Tavernier Creek until it meets open water in Florida Bay, then the Northerly into Florida Bay for nine nautical miles; also the territory lying southerly of U.S. 1 Ln commencing on the eastern side of the centerline of Tavernier Creek then to a line extending south three geographic miles into the Atlantic Ocean or to the edge of the Gulf Stream, whichever is the greater distance; plus said area to the east extending to the Monroe County border with Miami Dade County and the area known as the Florida mainland and Everglades. c Section 6. This resolution with boundary descriptions shall be entered into the minutes of the Board of County Commissioners and, pursuant to F.S.124.02 a certified copy of the minutes shall be published once each week for two weeks in a newspaper published in Monroe County. The Clerk shall send a certified copy of the minutes reflecting the boundaries of the districts as changed to the Department of State. Packet Pg. 2455 R.1.a Section 7. Interpretation. Any discrepancy between the maps depicted in Exhibit A and the narrative form set forth in this resolution shall be resolved in favor of the maps if clearly depicted on the maps but in favor of the narrative if not clearly depicted on the maps. In the event of any ambiguity regarding the boundaries described herein, this resolution's boundary descriptions shall be interpreted in harmony with the county jurisdictional boundaries set forth at Article II, Section 1(a) of the Constitution of the State of Florida and F.S. 7.44. Exhibit B is a Countywide map showing the districts in general form and is incorporated herein for illustrative purposes only. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida at a regular meeting held on the 8t" day of December 2021. Mayor David Rice Mayor Pro Tern Craig Cates Commissioner Michelle Coldiron Commissioner Eddie Martinez Commissioner Holly Raschein (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA N N By By Deputy Clerk Mayor David Rice Approved as to form and legal sufficiency By Robert B. Shillinger, County Attorney c Packet Pg. 2456 (uo!ldopy sdew pue uopnlosaN Bu!&ou&slpaN) sdew&oia&s!a 0009�ZOZ-y&!glgx9:&uauagoe&&y 4 z i eNH a t I cu / � m .� I y Yi Yi Yi Yi Yi �V •� £ W - — - - :. I - L 0 0 0 0 0 1 \hh ! 1 Coo O 0 ,r rift Ile \l Is �T t s I I 1 j s �l�i� 1t��A\ h£s�-s,� , £tt§ �� t� t>>L1��i£>113�� � �T _•,�1 £� i{��tl,11�+;��' £l��,�tl. 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