Item R17 U.3
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: U.3
Agenda Item Summary #10966
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Naomi Pagidas 3053042282
None
AGENDA ITEM WORDING: Approval of an Emergency Ordinance creating Pine Channel
Nature Park and providing park hours and permissible and prohibited activities.
ITEM BACKGROUND: It has been determined that Pine Channel Nature Park is ready to be open
to the public on Wednesday, August 24, 2022, in time for the Labor Day weekend. This
determination came sooner than anticipated. Opening the facility as a park requires a legislative
designation by the Board plus the enactment of rules establishing operating hours as well as
permissible and prohibited conduct. There is insufficient time to enact an ordinance through the
normal legislative process prior to August 24, 2022. However, F.S. 125.66(3) authorizes a County to
adopt an ordinance on an expedited basis at any regular or special meeting if the Board finds that
sufficient grounds exist to invoke the expedited adoption procedure, votes to waive the normal
notice requirements by a FOUR FIFTHS VOTE and determines that immediate enactment of the
ordinance is necessary.
An appropriate ordinance has been drafted that sets forth the initial operating hours and rules for
Pine Channel Nature Park. The Board is directed to Sections 4 through 11 of the attached Ordinance
to see the rules proposed for the park. A more comprehensive ordinance will be drafted and enacted
through the normal process after public discussion and input at a later date. Staff seeks approval of
the proposed Emergency Ordinance.
PREVIOUS RELEVANT BOCC ACTION:
May 6, 2014 BOCC approved a Sublease Agreement (No. 4341-001) with the State of Florida
Department of Environmental Protection, Division of Parks, Office of Greenways
and Trails for the lease of the property known as 29550 Overseas Highway, Big
Pine Key, Florida, with the intention to provide additional recreational and open
space for County residents by eventually converting the property into a public
park.
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April 20, 2022 BOCC approved to name the park as Pine Channel Nature Park.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval and enactment of the Emergency Ordinance.
DOCUMENTATION:
Pine Channel Nature Park Ordinance with Ex. A (final legal stamped)
FINANCIAL IMPACT:
Effective Date: Ordinance will take effect upon confirmation of receipt by the Clerk from the
Department of State pursuant to F.S. 125.66(3).
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: n/a If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details: None.
N/A.
REVIEWED BY:
Patricia Eables Completed 08/09/2022 4:32 PM
John Allen Completed 08/09/2022 4:36 PM
Purchasing Skipped 08/09/2022 4:22 PM
Budget and Finance Skipped 08/09/2022 4:22 PM
Risk Management Skipped 08/09/2022 4:20 PM
Lindsey Ballard Completed 08/09/2022 5:08 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
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ORDINANCE NO. -2022
AN EMERGENCY ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, Z
FLORIDA, PROVIDING FOR CREATION OF PINE
CHANNEL NATURE PARK; PROVIDING FOR PARK
HOURS; PROVIDING FOR PERMISSIBLE AND t�
PROHIBITED ACTIVITIES; PROVIDING FOR
PENALITIES; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS,under Florida Statutes, Section 125.01(1)(f),the Board of County Commissioners
for Monroe County (BOCC or County) is granted the authority, among others, to provide parks,
playgrounds and recreation areas; and
WHEREAS, the BOCC finds that public parks and recreation areas provide sites where the E
families and citizens of Monroe County can benefit from and engage in healthy recreational
activities; and
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WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (Board of Trustees of the IITF) owns certain lands located at 29550 Overseas Highway,
Big Pine Key,Florida 33043, (Property), as part of the Florida Forever conservation and recreation 2
land acquisition program and was acquired for the purposes of conservation and recreation by
providing public access to outstanding Florida Waters; and
WHEREAS, the Board of Trustees of the IITF, as Lessor, leased the Property to the Florida �e
Department of Environmental Protection, Division of Recreation and Parks (DEP), as Lessee,
under a Lease Agreement, Old Keys Bridges Trail (No. 4341), dated November 2, 2001; and
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WHEREAS, DEP, operating as the State of Florida Department of Environmental Protection,
Division of Recreation and Parks, Office of Greenways and Trails, as Sublessor, entered into a
sublease of the Property with Monroe County, as Sublessee, under a Sublease Agreement (No.
4341-001) dated May 6, 2014; and
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WHEREAS, the County obtained the sublease of the Property for the purpose of protecting
and restoring native habitats while providing opportunities for public recreation and enjoyment;
and
WHEREAS, there is also a Conservation Management Plan for the property pursuant to Fla.
Stat., Sec. 253.034, and the terms of the Sublease; and
WHEREAS, since leasing the property, the County has worked with the Florida Department
of Transportation (FDOT) and the Monroe County Tourist Development Council (TDC)to obtain
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grants and other funding to develop the property and provide an open air public recreational park
for the community; and
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WHEREAS, the County has now completed its improvements to the Property and plan to
operate it as a County Park and serve as a rest stop and trailhead on the Overseas Highway Trail;
and
WHEREAS,the BOCC, at its regularly scheduled meeting on April 20, 2022, approved"Pine
Channel Nature Park" as the name for this Property; and
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WHEREAS, the BOCC and County staff plan to have a grand opening of the Pine Channel
Nature Park on August 24, 2022; and U
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WHEREAS, the BOCC finds that providing Pine Channel Nature Park in Big Pine Key as a
free and open public recreational area will offer such a recreational park area that benefits the
families and citizens of Monroe County; and
WHEREAS, under Florida Statutes, Sec. 125.66(3), the BOCC is granted the authority for
emergency enactment of ordinances; and
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WHEREAS, it is the vision and desire of the BOCC to immediately provide and make
available Pine Channel Nature Park as a public park beginning on August 24, 2022, through E
emergency enactment of this Ordinance as permitted by Florida Statutes; and
WHEREAS,without proceeding through this emergency enactment,the Pine Channel Nature
Park in Big Pine Key would not have enforceable rules, thus delaying the grand opening of the
park area for several months and it would not be available for the public to enjoy and benefit from
during an important holiday for Monroe County citizens, that being Labor Day Weekend; and 2
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WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public
health and safety and promote safe use of Pine Channel Nature Park; and
WHEREAS, the Monroe County' Sheriff and his deputies are authorized by law to enforce W
Florida Laws and County Ordinances; and
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WHEREAS, Pine Channel Nature Park must have written rules established by Ordinance in
order for the Sheriff and his deputies to enforce those rules; and
WHEREAS, the BOCC does hereby declare that an emergency exists, and that immediate
enactment of this Ordinance is necessary, and by no less than a four-fifths vote of the BOCC does 0-
hereby waive notice of intent to consider this Ordinance; and 2
WHEREAS, it is the intention of the BOCC that this Ordinance shall establish the initial set Z
of rules for Pine Channel Nature Park,but that a more comprehensive ordinance will be considered
at a later date after public discussions and input, and that the future ordinance shall be codified
into the Monroe County Code of Ordinances after regular meetings as to any further development, U
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establishment, and implementation of Pine Channel Nature Park. E
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this
Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent
pertaining to this Ordinance.
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SECTION 2:EMERGENCY ENACTMENT. Pursuant to State law and based on the legislative
findings set forth herein, it is declared that an emergency exists requiring immediate action by the
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BOCC.
SECTION 3: PINE CHANNEL NATURE PARK. For purposes of this Ordinance, Pine
Channel Nature Park means the area situated in Section 27, Township 66,Range 29,Big Pine Key,
Monroe County, State of Florida, Alternate Key No. 8968334, Parcel ID No. 0011174-000100,
and more particularly described as shown on Exhibit"A" attached hereto and made a part hereof.
SECTION 4: PARK HOURS.Pine Channel Nature Park shall be open every day from 7:30 a.m.
until Sunset.
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SECTION 5: PROHIBITED ACTIVITIES. The following activities are prohibited at Pine
Channel Nature Park:
1. Camping.
2. Possession or consumption of alcoholic beverages. For the purposes of this section, the
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term "alcoholic beverages" means distilled spirits and all beverages containing one-half of E
one percent or more alcohol by volume. U)
3. Glass Containers.
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4. Fires, campfires, and bonfires. Charcoal fires will be permitted, however, in the county- 2
provided permanently installed grill structures in designated areas. ;
5. Personal grills.
6. Motor boats,jet skis, or motorized watercraft of any type.
7. Golf balls and golfing. No person may hit or otherwise propel,place, or leave golf balls
in the park.
8. Operation of drones from the park premises.
9. Use, handling, possession, or discharge of fireworks or explosives. E
10. Fishing. 0
11. Mooring.
SECTION 6: DOGS. Dogs are allowed in Pine Channel Nature Park under the following Z
conditions:
a. Dogs must be kept on a leash no greater than eight(8) feet long.
b. Dogs are not allowed in the swimming basin.
c. All dogs must be accompanied at all times by an adult human owner or handler. 0-
d. Dog owners or handlers must clean up after dogs and properly dispose of waste. The
County for this purpose. �E
e. Dogs exhibiting aggressive behavior towards a human or animal or creating a nuisance
must be immediately removed from the park.
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f. There shall be no more than three (3) dogs per owner or handler per visit.
g. Puppies under four(4) months of age are not allowed.
h. If a dog digs, the dog must be stopped immediately, and the owner/handler must fill the
hole.
i. All dogs must have current rabies vaccinations and county licenses and be wearing their Z
tags while in the park.
j. Dogs in heat, ill, and having excessive fleas, ticks, or other internal or external parasites,
are not allowed. U
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SECTION 7: USE OF DECK. Diving and jumping from the deck and mooring of boats are
prohibited.
SECTION 8: PARKING. Patrons of Pine Channel Nature Park shall park vehicles inside the
park only in designated areas, and may not park along or on the right-of-way, bike paths, or 0
roadway of Overseas Highway.
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SECTION 9: DOCKING, EMBARKING and DISEMBARKING. The boat ramp shall only
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be used to launch or land kayaks, canoes,paddle boards, and similar self-propelled watercraft. E
SECTION 10: SHELTERS. Shelters are available on a first come first serve basis, but can be 6
reserved by calling 305-453-8808 or by visiting our website at www.monroecounty-fl.gov. CL
SECTION 11: CONCESSIONAIRE. Only a concessionaire and/or vendor approved by the U)
BOCC are allowed on the premises. No unauthorized commercial activity is allowed.
SECTION 12: PENALTIES. A violation of any of the provisions set forth in this Ordinance
shall be punishable as provided in section 18-27(p) and section 1-8 of the Monroe County Code
of Ordinances.
SECTION 13: SEVERABILITY. If any portion of this Ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining
portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be
inapplicable to any person, property, or circumstances, such holding shall not affect its E
applicability to any other person,property, or circumstances. 0
SECTION 14: PRESERVATION OF PARK PROPERTY AND WILDLIFE. No person
shall vandalize, deface, or destroy any park property or equipment within a park site. No person 2
shall damage or remove plant material. No person shall harm or mistreat any wildlife.
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SECTION 15: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
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SECTION 16: FILING: Pursuant to F.S. §125.66(3), the Clerk is directed to transmit by email a
certified copy of this Ordinance to the Florida Department of State as soon after enactment as is
practicable and to the Municipal Code Corporation for publication; however, the editors at
Municipal Code Corporation are directed not to codify this Ordinance without further direction �E
from the BOCC.
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SECTION 17: EFFECTIVE DATE. This Ordinance shall become effective immediately upon
the Clerk's receipt of a confirmation email from the Department of State.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,through emergency enactment procedures authorized by F.S. §125.66(3), on the 17th day
of August 2022. z
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Mayor David Rice
Mayor Pro Tem Craig Cates CL
Commissioner Michelle Coldiron
Commissioner James K, Scholl
Commissioner Holly Merrill Raschein
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ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By: By:
As Deputy Clerk Mayor
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PATROIA EABLES
DATE:
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE SUBLEASED PREMISES
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COMMENCING AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 1,SECTION 27,
TOWNSHIP 88 SOUTH,RANGE 29 EAST AND THE SOUTH RIGHT OF WAY LINE OF U.S.HIGHWAY
NO. 1, BEAR WEST ALONG THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1, FOR A
DISTANCE OF 450 FEET,TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER
DESCRIBED;FROM SAID POINT OF BEGINNING,BEAR SOUTH AND PARALLEL WITH THE EAST
LINE OF GOVERNMENT LOT 1, SECTION 27, TOWNSHIP 66 SOUTH, RANGE 29 EAST, FOR A
DISTANCE OF 327.12 FEET,TO A POINT; THENCE BEAR WEST AT RIGHT ANGLES AND ON A
LINE PARALLEL WITH THE SOUTH BOUNDARY LINE OF GOVERNMENT LOT 1,FOR A DISTANCE
OF 300 FEET,MORE OR LESS TO THE SHORELINE OF PINE CHANNEL;THENCE MEANDER THE
SHORELINE OF PINE CHANNEL IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 280
FEET MORE OR LESS,TO THE SOUTH RIGHT OF WAY LINE OF US,, HIGHWAY NO. 1;THENCE
RUN EASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF U.S- HIGHWAY NO. 1 FOR A CL
DISTANCE OF 458.14 FEET MORE OR LESS,BACK TO THE POINT OF BEGINNING. cy
TOGETHER WITH
A PARCEL OF SUBMERGED LAND IN NORTH PINE CHANNEL,WESTERLY OF AND ADJACENT TO
A PART OF GOVERNMENT LOTS 1 AND 2 IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 29
EAST,MONROE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 1,SECTION 27.
TOWNSHIP 66 SOUTH,RANGE 29 EAST AND THE SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY
NO. 1;THENCE RUN N 88'50'02'W ALONG THE SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY
NO, 1,A DISTANCE OF 450.00 FT.;THENCE S 00.1542'W,PARALLEL WITH THE EAST LINE OF
U.S.GOVERNMENT LOT 1,A DISTANCE OF 224.68 FT.TO THE INTERSECTION WITH THE SOUTH w
LINE OF U.S.GOVERNMENT LOT 1,SAME BEING THE NORTH LINE OF U.S.GOVERNMENT LOT 2;
THENCE IN U.S.GOVERNMENT LOT 2,CONTINUE S 00°15'42*W„102.24 FT.;THENCE N 88'57'S5'
W, PARALLEL WITH THE NORTH LINE OF U.S. GOVERNMENT LOT 2, A DISTANCE OF 3ST.50 CL
FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF NORTH PINE CHANNEL FOR A E
THENCE S 44-43'50- W, 150.00 FT.; THENCE N 45'16'10' W. 12.80 FT,;
THENCE N 60'2846'W, 73.13 FT.;THENCE N 28'00'52'W,94.69 FT.;THENCE N 00'38'44'W,A U)
DISTANCE OF 69.54 FT.TO THE INTERSECTION WITH THE SOUTH R1GHT-OF-WAY LINE OF U.S.
HIGHWAY NO.1 PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTIONS 90020 AND
90020.2533:THENCE RUN N 77*08*58'E ALONG SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE
OF 153.49 FT.TO THE MEAN HIGH WATER LINE OF NORTH PINE CHANNEL;THENCE ALONG
SAID MEAN HIGH WATER LINE APPROXIMATED BY THE FOLLOWING COURSES;S 00'36'44'E.
65.51 FT.;THENCE S 28*00*52'E,14.50 FT.;THENCE S 60'26'46'E,49.49 FT.;THENCE S 45'16'10'
I-.A DISTANCE OF 32.78 FT.TO THE POINT OF BEGINNING,BEING AND LYING IN SECTION 27„
TOWNSHIP 86 SOUTH,RANGE 29 EAST,MONROE COUNTY,FLORIDA.
LESS AND EXCEPT:
COMMENCE AT THE INTERSECTION OF THE EAST LINE OF U.S.GOVERNMENT LOT 1,SECTION
27, TOWNSHIP 86 SOUTH, RANGE 29 EAST AND THE SOUTH RIGHT-OF-WAY LINE OF US..
HIGHWAY NO. 1,PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAPS SECTIONS 90020 AND
90020-2533: THENCE RUN N 88'SO'02' W ALONG SAID SOUTH RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO.1, A DISTANCE OF 450.00 FT. FOR A POINT OF BEGINNING; THENCE RUN A=
S 00'15'42'W,PARALLEL WITH THE SAID EAST LINE OF U.S.GOVERNMENT LOT 1.A DISTANCE 5
OF 60.00 FT.; THENCE N 89.44'18' W. PERPENDICULAR WITH LAST DESCRIBED LINE, A
DISTANCE OF 30.00 FT.;THENCE N 00*1542*E.PARALLEL WITH SAID EAST LINE OF U.S.
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Page 15 of 214 Pagan
Subloaso No. 4341-001
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GOVERNMENT LOT 1, A DISTANCE OF e0.29 FT. TO THE AFORESAID SOUTH RIGHT-OF-WAY
LINE OF U.S.HIGHWAY NO. 1 AND A POINT ON THE ARC OF A CURVE WHOSE RADIUS POINT
LIES S 00'21'14' W. 1859.86 FT.; THENCE RUN EASTERLY ALONG SAID SOUTH
RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'4844', CL
A DISTANCE OF 28.37 FT.TO THE P.T.OF SAID CURVE; THENCE S 88'50'02'E, ALONG SAID
SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 3.03 FT.TO THE POINT OF BEGINNING,BEING AND
LYING IN SECTION 27,TOWNSHIP 88 SOUTH,RANGE 29 EAST,MONROE COUNTY,FLORIDA.
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CBlKD Olson BSM APPROVED
Parcels 9654&908
Revised Description
Includes Submerged Pamel
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Page 16 of 214 Pages
Sublease No. 4341-001
R 05/11
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