Item P16 P16
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
- James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: P16
2023-1093
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
AGENDA ITEM WORDING: A public hearing to consider an ordinance that would amend Section
19-1(b) of the County Code that would insert an exception to the prohibition against the abandonment
of platted public roads that terminate in water in the limited circumstance where ownership would
ultimately reside in a homeowners association that would assume access control and maintenance
obligations.
ITEM BACKGROUND:
The Commission has had numerous discussions regarding the use of a platted right of way known as
Bay Drive in the Sunset Point community. The 60 foot wide, over 200 foot long section of Bay Drive
that terminates in Florida Bay is unpaved and covered in grass with a sandy beach area at the waters
edge. The subject property has been used for decades as a point of access to the water by residents of
the two adjoining subdivisions where Bay Drive is located, as well as members of the surrounding
community. Over the years, that beach and the grass area has grown in popularity by visitors coming
from far beyond the neighborhood and the surrounding community. The additional users have exceeded
the reasonable carrying capacity of the property, with resulting deleterious effects on the surrounding
neighborhood. Such effects include heavy traffic, speeding, illegal parking, trespassing on private
property, as well as heated confrontations. Those issues have led to hundreds of calls for service with
the Sheriffs Office.
While not a formal County park, the Board has adopted rules of conduct for use of the right of way in a
way that it functions as a quasi-park. Those rules have proven ineffective to maintain the health, safety,
and welfare of those living near the property. At the neighborhood's urging, the Board adopted a
limited closure order, reducing the hours of access to 7 am to 7 pm on Tuesdays, Wednesdays, and
Thursday's only. Those limitations have curbed the overuse and abuses of the parcel but limited the
ability of local residents to access the water through this property as they have historically done.
4209
In the past, surrounding property owners suggested that the County abandon Bay Drive as one method
to limit the access and use to the property. Under the current iteration of Section 19-1 of the County
Code, the Board is prohibited from granting such relief because the right of way terminates in a body of
open water and provides access to land on the water. After multiple discussions with the Board in
public meetings, some of those property owners retained counsel to explore a replat of the 2 relevant
subdivisions in a manner that would "undedicate" Bay Drive to the County for public use. The County
Attorney has opined that such a replat would require the consent of 100% of the affected property
owners in both plats. Meeting that threshold has proved challenging.
As an alternative to the replat, counsel for the neighborhood has drafted a proposed ordinance that
would amend Section 19-1 of the Code to allow a limited exception to the rule prohibiting road
abandonments. The proposed new language would add a paragraph (4) to Section 19-1(b) and appears
below in underlined and bold format:
Sec. 19-1. Abandonment of rights-of-way.
(a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of-way
is no longer required for public use and convenience. Any proposed abandonment must demonstrate
that such action will not adversely affect public safety or convenience or otherwise have a negative
impact on the county system of streets or public or private utility facilities.
(b) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) The right-of-way terminates on a body of open water; or
(2) The right-of-way provides access to the public to land on open water; or
(3) The abandonment would preclude a way for the public to maintain access to the water.
(4) Notwithstanding the foregoing, a dedicated and accepted right-of-way in the county may be
abandoned, and any right of the county and the public in and to said right-of-way may be
renounced and disclaimed,where the right-of-way is in a recorded residential subdivision Plan
and the following conditions are satisfied:
(a) The abutting fee owners agree to dedicate the right-of-way as open space for use and
enjoyment of the owners within the residential subdivision
(b) The abutting fee owners convey their reversionary interests to a homeowner's association
made up of at least 75% of owners in an abutting residential subdivision-
(c) The homeowners' association is both a corporation not for profit organized and in good
standing under chapter 617, and a "homeowners' association" as defined in s. 720.301(9) with the
power to levy and collect assessments for routine and periodic major maintenance
(d) The homeowner's association is responsible for maintenance of the right-of-way as open
space; and
(e) Provided that no owner within an abutting residential subdivision may be denied entry to
4210
and reasonable use of the open space.
The full text of the proposed revised ordinance appears as backup. The draft does not suggest any
changes to any subsection of Section 19-1 other than subsection (b). Subsection (a) as well as
subsections (c) through (m) would remain unchanged if the proposed ordinance was adopted.
Section 19-1(b)'s prohibition against abandoning roads and rights of way that terminate in open water,
abandonments that would prohibit access to public land on open water, or abandonments that would
preclude a way for the public to maintain access to the water has existed in one form or another for
decades. Prior commissions adopted and preserved these restrictions as a means of preserving long
standing public access to the water in the Florida Keys. The current ordinance serves as a locally
adopted restriction on the broad discretion that state law vests in county commissions with respect to
road abandonments. Even though this ordinance has existed in some form for decades, it remains
within the Board's province to modify or rescind this ordinance.
In addition to Section 19-1 of the Code, there may be provisions of the Comprehensive Plan that might
also have to be revised. That process, if deemed necessary, would take considerably more time than
simply amending Section 19-1 of the Code would take. The specific provisions at question would be
Strategy 10.4 and Action Item 10.4.2 of the Tavernier Creek to Mile Marker 97 Livable CommuniKeys
Master Plan. Those provisions read:
Strategy 10.4 - Protection and maintain all existing public shoreline access points within the planning
area.
Action Item 10.4.2 - Do not allow abandonment of county-owned land with access to the shoreline.
PREVIOUS RELEVANT BOCC ACTION:
Board gave direction at the March 21, 2023 meeting to schedule a public hearing for the June 21, 2023
BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Consider public input to the proposed changes to Section 19-1 of
the Monroe County Code that would create an exception to the rule prohibiting road abandonment
petitions for rights-of-way where:
(1) The right-of-way terminates on a body of open water; or
(2) The right-of-way provides access to the public to land on open water; or
(3) The abandonment would preclude a way for the public to maintain access to the water.
4211
DOCUMENTATION:
Proposed_Ordinance_creating_exception_in_MCC_19-
1_tc_prohibition against_abandonment of ROW that terminate_in_water.docx
FINANCIAL IMPACT:
Nothing by enacting the ordinance. A successful abandonment of the right-of-way in question will have
a net decrease to Comity operational costs since County resources such as staff time and funds will no
longer be expended on maintaining the subject property.
4212
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA AMENDING PARAGRAPH (B)
OF SECTION 19-1 OF THE MONROE COUNTY CODE TO INSERT
A SUBPARAGRAPH (4) WHICH CREATES AN EXCEPTION TO
THE PROHIBITION AGAINST THE BOARD ABANDONING
PLATTED RIGHTS-OF-WAY THAT TERMINATE ON A BODY OF
OPEN WATER, PROVIDES ACCESS TO THE PUBLIC TO LAND
ON OPEN WATER; OR PRECLUDES A WAY FOR THE PUBLIC TO
MAINTAIN ACCESS TO THE WATER WHERE THE RIGHT-OF -
WAY IS A RECORDED RESIDENTIAL SUBDIVISION PLAT AND
THE ABUTTING FEE OWNERS AGREE TO DEDICATE THE
RIGHT-OF-WAY AS OPEN SPACE FOR USE AND ENJOYMENT
WITHIN THE RESIDENTIAL SUBDIVISION; THE ABUTTING FEE
OWNERS CONVEY THEIR REVERSIONARY INTERESTS TO A
HOMEOWNERS' ASSOCIATION MADE UP OF AT LEAST 75% OF
OWNERS IN AN ABUTTING RESIDENTIAL SUBDIVISION;IF THE
HOMEOWNERS' ASSOCIATION IS A NOT-FOR-PROFIT
CORPORATION AND IN GOOD STANDING UNDER CHAPTER 617
AND SATISIFIES THE DEFINITION OF "HOMEOWNERS'
ASSOCATION" IN F.S. 720.301(9) WITH THE POWER TO LEVY
AND COLLECT ASSESSMENTS FOR ROUTINE AND PERIODIC
MAJOR MAINTENANCE; THE HOMEOWNERS' ASSOCIATION
IS RESPONSIBLE FOR THE MAINTENANCE OF THE RIGHT-OF-
WAY AS OPEN SPACE; AND PROVIDED THAT NO OWNER
WITHIN THE ABUTTING RESIDENTIAL SUBDIVISION MAY BE
DENIED ENTRY TO AND REASONABLE USE OF THE OPEN
SPACE; PROVDING FOR SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, F.S. 336.09 vests the County Commission with broad discretion when
deciding whether to abandon County roads and rights of way that have been dedicated to the
public; and
WHEREAS, in light of the desire of residents of the Florida Keys to maintain access to
the water, the Board of Commissioners adopted Ordinance 015-1986 which is now codified in
Section 19-1(b)(1) of the County Code, that limits that discretion by prohibiting the abandonment
of County roads and rights-of-way that terminate on a body of open water, and
WHEREAS, the Board expanded that prohibition when it adopted Ordinance 17-2010,
which is now codified at Section 19-1(b)(2) & (3) of the County Code to further limit that
discretion by also prohibiting the abandonment of County roads and rights-of-way that provide
access to the public to land on open water and/or would preclude a way for the public to maintain
access to the water; and
WHEREAS, the plats for the Bay Harbor (PB 2-91) and Sunset Point (PB 2-81)
subdivisions abut, in part, on what is depicted as a right-of-way known as Bay Drive; and
4213
WHEREAS, Bay Drive is a 60 foot wide strip of land that ends in open water in Florida
Bay; and
WHEREAS, Bay Drive has been used for decades by local residents and others to access
Florida Bay; and
WHEREAS, due to this use, the neighborhoods surrounding Bay Drive have experienced
many deleterious effects such as trespassing, public urination and defecation, illegal parking,
speeding, noise, and other quality of life violations; and
WHEREAS, the Board has attempted to address these issues by setting rules of conduct
for use of Bay Drive first via Resolution 165-2011, then later Resolution 228-2021 and 229-2021;
and
WHEREAS,those rules of conduct have not resolved the concerns of the residents of both
neighborhoods; and
WHEREAS, the residents of the neighborhoods have sought to replat both subdivisions
but have not secured the 100%approval by property owners in both subdivisions for the replat that
the County Attorney has opined is necessary for the Board to approve a replat; and
WHEREAS, the residents have proposed language that would amend the County Code to
create a limited exception to the prohibition against abandoning rights of way that end in or provide
access to open water as an alternative to a replat of both subdivisions; and
WHEREAS, on March 22, 2023, the Board authorized the County Attorney to schedule a
public hearing for the June 21,2023 meeting to consider the amendments proposed by the residents
of both neighborhoods; and
WHEREAS,the adoption of this ordinance shall not be construed to amend or rescind any
conflicting provision of the Comprehensive Plan because any amendment to the Comprehensive
Plan must be accomplished through the statutory process provided by law.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. The foregoing recitals of legislative intent are hereby incorporated as if fully set
forth herein.
SECTION 2. Section 19-1(b), Abandonment of rights-of-way, of the Monroe County Code is
hereby amended to read as follows (additions are shown with underlines; deletions are shown
within strikethroughs):
Sec. 19-1. Abandonment of rights-of-way.
(a) All applications for the abandonment of public rights-of-way shall demonstrate the right-
of-way is no longer required for public use and convenience. Any proposed abandonment
must demonstrate that such action will not adversely affect public safety or convenience or
4214
otherwise have a negative impact on the county system of streets or public or private utility
facilities.
(b) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) The right-of-way terminates on a body of open water; or
(2) The right-of-way provides access to the public to land on open water; or
(3) The abandonment would preclude a way for the public to maintain access to the water.
(44,) Notwithstanding the foregoing, a dedicated and accepted right-of-way in the county
may be abandoned, and any right of the county and the public in and to said right-of-
way may be renounced and disclaimed, where the right-of-way is in a recorded
residential subdivision plat, and the following conditions are satisfied:
(a) The abutting fee owners agree to dedicate the right-of-way as open space for use
and enjoyment of the owners within the residential subdivision;
(b) The abutting fee owners convey their reversionary interests to a homeowners'
association made up of at least 75% of owners in an abutting residential
subdivision;
(c) The homeowners' association is both a corporation not for profit organized and in
good standing under Chapter 617, and a "homeowners' association" as defined in
s. 720.301(9) with the power to levy and collect assessments for routine and
periodic major maintenance;
(d) The homeowners' association is responsible for maintenance of the right-of-way
as open space; and
(e) Provided that no owner within an abutting residential subdivision may be denied
entry to and reasonable use of the open space.
SECTION 3. INTERPRETATION. The interpretation of this ordinance and any provisions of
the Monroe County Comprehensive Plan, Florida Statutes, or Monroe County Code(s) whose
interpretation arise(s) out of,relate(s) to, or are interpreted in connection with this ordinance shall
be liberally construed and enforced in favor of the Monroe County Board of County
Commissioners and such interpretation(s) shall be entitled to great weight in adversarial
administrative proceedings, quasi-legislative proceedings, at trial, and on appeal.
SECTION 4. SEVERABILITY. Should any portion of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a
whole, or any part thereof, other than the part declared to be invalid. 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 applicability to any other person,property or circumstances.
4215
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict except
that no conflicting provision of the Comprehensive Plan shall be repealed except by separate
legislative act completed in compliance with state law.
SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered as needed to
conform to the uniform numbering system of the code.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon the filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21s' day of June, 2023.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner James K. Scholl
Commissioner Michelle Lincoln
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
Approved as to form and legal sufficiency:
Robert B. Shillinger, County Attorney
4216
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4217
mrm BOARD OF COUNTY COMMISSIONERS
County of Monroe4�1 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K. Scholl,District 3
David Rice,District 4
MEMORANDUM
Digitally signed by Kevin
Kevin G.
G.Wilson,P.E.
To: Kevin Wilson, Assistant County Administrator OK-Approved Wilson, P.E. 04'00?023.06.0714:15:53
From: Megan Fiore-Abreu, Senior Human Resources Administrator
Date: June 5, 2023
Subject: Pet Approval for 701 Sands Road—Joseph Wright
An agenda item has been submitted for the June 21, 2023, meeting to approve a residential lease
agreement between Monroe County BOCC and Joseph"Ritchie" Wright for the 701 Sands
Road, Big Pine Key, FL property. Per the lease agreement under Section 13 "Lessee may only
keep pets on premises that have been approved by the Monroe County Assistant County
Administrator". The Wright family has a male Chow Chow dog that is approximately 501bs. His
name is Blue, and he is neutered and currently up to date on his vaccinations. The family has
described him as friendly and a fur baby. This memo is seeking your approval to allow the
Wright family to have their family dog, Blue, reside on the property.
4218
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Wednesday, June 14, 2023 1:51 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: Agenda Item P-16
Categories: Public Comment
Please see below.Thank you.
Lindsey Ballard
Aide to Roman Gastesi, County Administrator Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544(Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
https://gcc02.safeI i n ks.protection.outlook.com/?u rl=http%3A/2F%2Fwww.mon roecou nty-
fl.gov%2F&data=05%7C01%7Ceyongue%40monroe-
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Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECTTO PUBLIC DISCLOSURE.
-----Original Message-----
From: Katie Cleek<katie.cleek@yahoo.com>
Sent:Wednesday,June 14, 2023 1:50 PM
To: Ballard-Lindsey<Bal lard-Li ndsey@ Mon roeCounty-FL.Gov>
Subject:Agenda Item P-16
[You don't often get email from katie.cleek@yahoo.com. Learn why this is important at
https://aka.ms/LearnAboutSenderldentification j
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.
1
Katie Cleek
11 Palm Beach Dr
Key Largo, FI 33037
678-492-4921
Agenda Item P-16
Dear County Commissioner,
As a resident of the Florida Keys and Monroe County, I urge you to uphold the current County Code and the Livable
CommuniKeys Master Plan which clearly prohibits the abandonment of public beach access and any revision to this
code. While not only setting a bad for more challenges like this, removing this neighborhood access will displace families
and residents who have used the location for decades. I strongly ask that you stand by your words and protect our right
to the beach for ALL residents of Monroe County.
Thank you,
Katie
Katie Cleek
PADI MSDT#430424 1 she/her/hers 1 (678)492-4921 1 katiecleek.com
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Wednesday, June 14, 2023 2:29 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: vote NO on agenda item P-16
Categories: Public Comment
Please see below.Thank you.
L%vuL .yy (3allcwd,
Aide to Roman Gastesi, County Administrator
Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544 (Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
www.monroecounty-fl.gov
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO 7WE PUBLIC AND MEDIA UPON
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From:Jean-Marie Bousquet<thejeanbug@gmail.com>
Sent:Wednesday,June 14, 2023 2:21 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Subject:vote NO on agenda item P-16
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open attachments you were not expecting.
Jean-Marie Bousquet
185 El Capitan Drive, Islamorada, FL 33036
970-231-1380
Agenda Item P-16
Dear County Commissioner As a resident of the Florida Keys and Monroe County, I urge you to
uphold the current County Code and the Livable CommuniKeys Master Plan, which clearly prohibits
the abandonment of public beach access and any revision to this code. While not only setting a bad
for more challenges like this, removing this neighborhood access will displace families and
residents who have used the location for decades. I strongly ask that you stand by your words and
protect our right to the beach for ALL residents of Monroe County.
Thank you,
- Jean
Jean-Marie Bousquet
@thejea_r hug
ihejeanhup@_gmai1.com
970.231.1380
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Thursday, June 15, 2023 11:07 AM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: Fwd: Protecting beach access in the Keys- item P-16
Categories: Public Comment
Sent from my iPhone
Begin forwarded message:
From: Kennedy Wall <kennedyawall@gmail.com>
Date:June 14, 2023 at 7:50:11 PM EDT
To: Ballard-Lindsey<Ballard-Lindsey@monroecounty-fl.gov>
Subject: Protecting beach access in the Keys-item P-16
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Kennedy Wall
51 Garden Cove Dr, Key Largo, FL 33037
805-509-3300
Dear County Commissioner,
As a resident of the Florida Keys and Monroe County, I urge you to uphold the current County Code and
the Livable CommuniKeys Master Plan which clearly prohibits the abandonment of public beach access
and any revision to this code. While not only setting a bad for more challenges like this, removing this
neighborhood access will displace families and residents who have used the location for decades. I
strongly ask that you stand by your words and protect our right to the beach for ALL residents of
Monroe County.
Thank you,
Kennedy
Kennedy Wall
Pronouns: she/her/hers
p: 805.509.3300
e:kennedyawall@gmail.com
L,
,SE_P,'
"If there is magic on this planet, it is contained in water." -Loren Eiseley
1
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Thursday, June 15, 2023 11:08 AM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: Fwd: Item P-16
Categories: Public Comment
Sent from my iPhone
Begin forwarded message:
From:Amber Cyr<ambervella1894@gmail.com>
Date:June 14, 2023 at 9:23:14 PM EDT
To: Ballard-Lindsey<Ballard-Lindsey@monroecounty-fl.gov>
Subject: Item P-16
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Dear County Commissioner,
As a resident of the Florida Keys and Monroe County, I urge you to uphold the current County Code and
the Livable CommuniKeys Master Plan which clearly prohibits the abandonment of public beach access
and any revision to this code. While not only setting a bad for more challenges like this, removing this
neighborhood access will displace families and residents who have used the location for decades. I
strongly ask that you stand by your words and protect our right to the beach for ALL residents of
Monroe County.
Thank you,
Amber Cyr
i
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Thursday, June 15, 2023 11:09 AM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: Fwd: P-16
Categories: Public Comment
Sent from my iPhone
Begin forwarded message:
From: Mary Kleeman <mekleeman@icloud.com>
Date:June 15, 2023 at 12:06:02 AM EDT
To: Ballard-Lindsey<Ballard-Lindsey@monroecounty-fl.gov>
Subject: P-16
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Mary Kleeman
12507 Windy Willows Dr N,Jax., Florida 32225
Phone#360-521-1992
Agenda Item P-16
Dear County Commissioner
I am not currently a resident of the Florida Keys or Monroe County, however as a volunteer for the area
I urge you to uphold the current County Code and the Livable CommuniKeys Master Plan which clearly
prohibits the abandonment of public beach access and any revision to this code. While not only setting a
bad for more challenges like this, removing this neighborhood access will displace families and residents
who have used the location for decades. I strongly ask that you stand by your words and protect our
right to the beach for ALL residents of Monroe County.
Thank you,
Mary Kleeman
Sent from my iPhone so spelling doesn't count
i
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Thursday, June 15, 2023 2:14 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: Fwd: Vote NO on agenda item P-16
Categories: Public Comment
Sent from my iPhone
Begin forwarded message:
From: Nathan Collins<NCollins@partspak.com>
Date:June 15, 2023 at 10:01:02 AM EDT
To: Ballard-Lindsey<Ballard-Lindsey@monroecounty-fl.gov>
Subject:Vote NO on agenda item P-16
Reply-To: ncollins@partspak.com
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I forgot to put my phone number in the first version. Here is the revised letter.
Name: Nathan Collins
Address: 226 Glendale Drive, Key Largo, FL 33037
Phone#706-473-6956
Agenda Item P-16
Dear County Commissioner,
Please vote NO on agenda item P-16
My wife and I moved to the Keys over 10 years ago. When we first moved here, it quickly became evident to me that
people move here and then want to exclude others from enjoying the same magical environment that caused them to
move here. Year after year, I continue to see more public access points being closed down (ie. old hwy-905
shoreline,the fill Keys near Indian key, the dock at the Murray Nelson government center, etc).
Visitors and locals alike just want to have free or very low cost options to access public beaches with shallow water
where they can wade in the water and enjoy nature. With each area that is closed down, it puts more strain on the
remaining areas that are still open. Each location is a magical plan in its own right. Each is unique, so it is unfair to
just say,well 'they'can just go to Rowell's.
I often hear racist comments about'the people from Miami' coming down, using the Keys without paying for anything
here locally, pooping outdoors and throwing trash on the ground. First, it should not be an expectation that anyone
who comes to enjoy the beautiful Florida Keys has to stop and use an expensive hotel or restaurant. Next, let's face
it. ALL OF US humans are disgusting creatures. I have also seen local residents polluting and using the woods to go
the bathroom. Our populations continues to grow year after year and we continue to consume and generate more
trash per person every year. Just for my house, I get trash, recycling, and yard waste pick up 4 times per week. That
is crazy to think that humans generate that much waste. As population grows and our consumption increases,we
can expect more impact on the public spaces. I am a firm believer that we need to leave these public spaces open to
1
ALL and figure out a proper fee structure to handle the parking, bathroom, and trash problem at each location
(whether user based or tax based). These magical places like Mike Forster Memorial Park are not just supposed to
be available to those who have 2-4 million dollars available to buy a house in the neighborhood. We don't want to
exclude ANY group/person from enjoying this magical public place.
As a resident of the Florida Keys and Monroe County, I urge you to uphold the current County Code and the Livable
CommuniKeys Master Plan which clearly prohibits the abandonment of public beach access and any revision to this
code.
I am more than happy to have my taxes increased to help pay for the care of the is land in order to make it accessible
to EVERYONE. In the sad event that you do chose to stop using it as public park, the only fair way that I can think of
for the next move is to offer the property up for sale to the public, with a contingency that after the highest bid comes
in, a vote to ALL Monroe county residents will be performed allowing residents to make a choice have their taxes
raised to keep the park open/maintained or take a payout of their share of the bided sale price (since it is tax dollars
that fund this park).
Please vote NO on agenda item P-16
Sincerely,
Nate Collins
�� PartsP6��Icol m ck Toi F4 rw�%,r4,ir,m
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wur 0 North Columbia Street_ Milll ;.9 viill , Gelorgia 31061
' ) 454-01084
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Thursday, June 15, 2023 2:18 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: Fwd: Sunset Point/Bay Harbor ROW
Categories: Public Comment
Sent from my iPhone
Begin forwarded message:
From:Vanessa Burns<vbust002@fiu.edu>
Date:June 15, 2023 at 12:49:23 PM EDT
To: Cates-Craig<Cates-Craig@monroecounty-fl.gov>, BOCCDIS2<boccdis2@monroecounty-fl.gov>,
BOCCDIS3<BOCCDIS3@monroecounty-fl.gov>, BOCCDIS4<BOCCDIS4@monroecounty-fl.gov>,
BOCCDIS5<BOCCDISS@monroecounty-fl.gov>, Ballard-Lindsey<Ballard-Lindsey@monroecounty-fl.gov>
Subject: Sunset Point/Bay Harbor ROW
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not click links or open attachments you were not expecting.
Monroe County Commissioners,
This is regarding Agenda Item P-16 at the next BOCC meeting on the 21st of June.
My name is Vanessa Burns, and I live at 19 Sunset Rd in the Sunset Point Subdivision. I have written
countless emails so I will keep this short. Currently, on the Nextdoor app there are Monroe county
residents, who live outside of our two subdivisions, that are plotting to "hit the beach by land and sea"
and "takeover." This situation, in our tiny community has gotten out of hand, and now local keys
residents are plotting to harass our neighborhood and our homes, our place where we have the right to
safety and security. Please help us and bring back our security by agreeing to a change to the current
county code addressing ROW abandonments. Please agree to item P-16 at the next BOCC meeting. This
is a quality of life and safety issue, please help us!
Vanessa Burns
(305)586-9113
1
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Thursday, June 15, 2023 2:19 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: Fwd: Agenda Item P16 for BOCC Meeting 06.21.2023
Categories: Public Comment
Sent from my iPhone
Begin forwarded message:
From: cyclebell@aol.com
Date:June 15, 2023 at 1:02:06 PM EDT
To: Ballard-Lindsey<Ballard-Lindsey@monroecounty-fl.gov>, BOCCDIS5<BOCCDIS5@monroecounty-
fl.gov>, BOCCDIS4<BOCCDIS4@monroecounty-fl.gov>, BOCCDIS3<BOCCDIS3@monroecounty-fl.gov>,
BOCCDIS2<boccdis2@monroecounty-fl.gov>, Cates-Craig<Cates-Craig@monroecounty-fl.gov>
Subject:Agenda Item P16 for BOCC Meeting 06.21.2023
Reply-To: cyclebell@aol.com
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Name Deborah J Owens
Address 135 North Bay Harbor Dr.
Phone# 954 612-5407
Agenda Item P-16
Dear Commisioners,
I am a resident of the Sunset Point Community Association/Bay Harbor
Association. We are all very excited to see Item P16 on the upcoming agend for
the BOCC Meeting on June 21,2023. We have been struggling for 20 years now
for a resolution to this nuisance in our neighborhood and we hope that you
will move towards a resolution for Bay Harbor ROW. Our small neighborhood continues
to be inundated with day trippers who do not abide by rules set forth by the
County. We are continuously calling the Monroe County Sheriff's office putting undue
burden on officers to confront people who are disrupting our neighborhood, parking
illegally etc. I have in my possession 77 pages of calls to the Monroe County
Sheriffs Office for assistance with violators over just the past year. I fully support
the proposed amended ordinance in Item P16 as a solution and am looking toward
leadership for a resolution to this issue. Our neighborhood has taken enough abuse
1
over this "public beach" that is not even a beach, but an emergency access drive
donated to the county for such purposes.
Thank you for your consideration.
Sincerely,
Deborah J Owens
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Sunday, June 18, 2023 2:17 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: Agenda Item P-16
Categories: Public Comment
Please see below.Thank you.
Lindsey Ballard
Aide to Roman Gastesi, County Administrator Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544(Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
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Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECTTO PUBLIC DISCLOSURE.
-----Original Message-----
From:Vanessa Walsh <VCWalsh@outlook.com>
Sent: Saturday,June 17, 2023 9:02 AM
To: Ballard-Lindsey<Bal lard-Li ndsey@ Mon roeCounty-FL.Gov>
Subject:Agenda Item P-16
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1
Agenda Item P-16
Dear County Commissioner
As a resident of the Florida Keys and Monroe County, I urge you to uphold the current County Code and the Livable
CommuniKeys Master Plan which clearly prohibits the abandonment of public beach access and any revision to this
code. While not only setting a bad for more challenges like this, removing this neighborhood access will displace families
and residents who have used the location for decades. I strongly ask that you stand by your words and protect our right
to the beach for ALL residents of Monroe County.
Thank you,
Vanessa Walsh
6 Jewfish Ave Key Largo FL 33037
443-758-6006
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Sunday, June 18, 2023 2:18 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: Agenda item P-16 re Public beach access
Categories: Public Comment
Please see below.Thank you.
Lindsey Ballard
Aide to Roman Gastesi, County Administrator Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544(Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
https://gcc02.safeI i n ks.protection.outlook.com/?u rl=http%3A/2F%2Fwww.mon roecou nty-
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90845340842%7CU n known%7CTW FpbGZsb3d8eyJ Wljoi MC4wLjAwM DAi LCJQljoiV21 u Mzl i LCJ BTi 161 klhaWwi LCJXVCI6M n
0%3D%7C3000%7C%7C%7C&sdata=RAdX9v91 n r09tCjV103lxQsvv6U Lud FBTR2ZL2ygmC0%3D&reserved=0
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECTTO PUBLIC DISCLOSURE.
-----Original Message-----
From: Monica Woll <monicamcmanus@yahoo.com>
Sent: Saturday,June 17, 2023 11:15 AM
To: BOCCDIS5<BOCCDISS@ Mon roeCounty-FL.Gov>
Cc:Abel-Corie<Abel-Corie@ Mon roeCounty-FL.Gov>; Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>;
BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS3<BOCCDIS3@ Mon roeCounty-FL.Gov>
Subject:Agenda item P-16 re Public beach access
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Dear Monroe County Commissioners and Administrator:
As a county resident for 31 years, I urge you to uphold the county master plan that prohibits abandoning public beach
access. Please protect beach access for all residents. Not everyone lives on the water so it is important to keep what we
have open now for future generations.
Thank you,
Monica
134 Arctic Ave
Tavernier
305-394-9252
monicamcmanus@yahoo.com
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Sunday, June 18, 2023 2:18 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: Agenda Item Number P-16
Categories: Public Comment
Please see below.Thank you.
Lindsey Ballard
Aide to Roman Gastesi, County Administrator Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544(Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
https://gcc02.safeI i n ks.protection.outlook.com/?u rl=http%3A/2F%2Fwww.mon roecou nty-
fl.gov%2F&data=05%7C01%7Ceyongue%40monroe-
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91061860287%7CU n known%7CTW FpbGZsb3d8eyJ Wljoi MC4wLjAwM DAi LCJQljoiV21 u Mzl i LCJ BTi 161 klhaWwi LCJXVCI6M n
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Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECTTO PUBLIC DISCLOSURE.
-----Original Message-----
From:Josh Morris<joshmorris2003@gmail.com>
Sent: Saturday,June 17, 2023 5:16 PM
To: BOCCDIS5<BOCCDISS@ Mon roeCounty-FL.Gov>;Abel-Corie<Abel-Corie@ Mon roeCounty-FL.Gov>; Ballard-Lindsey
<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; Lamarche-Tamara
<lamarche-tamara@monroecounty-fl.gov>; BOCCDIS3<BOCCDIS3@ Mon roeCounty-FL.Gov>
Subject:Agenda Item Number P-16
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Name:Joshua Morris
Address: 2 Abaco Rd, Key Largo, FL 33037
Phone: 305-799-1379
Email:joshmorris2003@gmaiI.com
Agenda Item Number: "P-16"
As a resident of Monroe County I urge you to uphold the county master plan the PROHIBITS the county from abandoning
public beach access which will prevent residents from future access. I'm asking that you protect our right to the beach
for ALL Monroe County residents.
Thank you,
Josh Morris
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Sunday, June 18, 2023 2:19 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: Sunset Point ROW
Categories: Public Comment
Please see below.Thank you.
L%vuL .yy (3allcwd,
Aide to Roman Gastesi, County Administrator
Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544 (Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
www.monroecounty-fl.gov
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
Please c.on,tlder the environrrrent when
4�0 0"1111
deciding whetl'ier to print this erra iL
From: benami <benami@bellsouth.net>
Sent: Saturday,June 17, 2023 10:44 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Subject: Sunset Point ROW
You don't often get email from benami@bellsouth.net. Learn why this is important
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open attachments you were not expecting.
Item P-16
Dear CountyDear County Commissioners,
Once again, thank you for your time and consideration of our community's ongoing problems with the small water
access on Bay Harbor Drive, Sunset Point. We know many folks would love more access, but the facts; no available
parking, no sanitation facilities, environmental concerns, and the need for policing hours when open, are unsolvable
without huge County expenditures and
more legal and safety c Commissioners,
Once again, thank you for your time and consideration of our community's ongoing problems with the small water
access on Bay Harbor Drive, Sunset Point. We know many folks would love more access, but the facts; no available
parking, no sanitation facilities, environmental concerns, and the need for policing hours when open, are unsolvable
without huge County expenditures and
more legal and safety challenges.
Please remit the ROW
To our community and care.
Thank you,
Lysa and Reuven Benami
29 Sunset Road
561-797-4197
Sent irorn my SamsUng Galaxy, an AT&T LTE smartphone.
2
Liz Yongue
From: Ballard-Lindsey <Balla rd-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Sunday, June 18, 2023 2:19 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: P-16 beach sunset rd
Categories: Public Comment
Please see below.Thank you.
Lindsey Ballard
Aide to Roman Gastesi, County Administrator Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544(Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
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Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECTTO PUBLIC DISCLOSURE.
-----Original Message-----
From:Allison <allisonmah25@optonline.net>
Sent: Sunday,June 18, 2023 12:08 PM
To: Ballard-Lindsey<Bal lard-Li ndsey@ Mon roeCounty-FL.Gov>
Subject: P-16 beach sunset rd
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Allison Mahaffy
15 Lime St
Key Largo FI
33037
6318073280
Please consider keeping this beach open to bike riders this beach saved my life .1 love Florida and I love this beach. I
work in a local grocery store and I swim at this beach to restore my aching body. please keep this beach open to us and
Key Largo . I'm almost 58 years old and I need to swim . and I can't swim in the ocean It's so muddy. Thank you so much
Allison Mahaffy.
Sent from my iPhone
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Sunday, June 18, 2023 2:20 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: P-16 beach
Categories: Public Comment
Please see below.Thank you.
Lindsey Ballard
Aide to Roman Gastesi, County Administrator Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544(Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
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fl.gov%2F&data=05%7C01%7Ceyongue%40monroe-
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Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECTTO PUBLIC DISCLOSURE.
-----Original Message-----
From:Allison <allisonmah25@optonline.net>
Sent: Sunday,June 18, 2023 12:25 PM
To: Ballard-Lindsey<Bal lard-Li ndsey@ Mon roeCounty-FL.Gov>
Subject: P-16 beach
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P-16 Allison Mahaffy 15 Lime St., Key Largo, FL 33037 telephone number 631-807-3280 please consider keeping this
beach open forever to bike riders and walkers in the area I live for this beach this beach has helped me restore my
health ! a beach a day keeps the doctor away ! was always my motto and I live here year-round full-time, and I work in
the Tavernier grocery store and I need this beach to help my feet and body heal after a long day at work.Thank you so
much Allison Mahaffy.
Sent from my iPhone
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Sunday, June 18, 2023 2:20 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: Agenda Item P-16
Categories: Public Comment
Please see below.Thank you.
L%vuL .yy Ballard,
Aide to Roman Gastesi, County Administrator
Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544 (Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
www.monroecounty-fl.gov
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
Pleo e c.on,tlder the environrrrent when
4�0 0"1111
deciding hetl'ier to print this erra iL
From: Barbara Overton <boverton@gmail.com>
Sent: Sunday,June 18, 2023 1:30 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Subject:Agenda Item P-16
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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.
Barbara Overton
94220 Overseas Highway
Tavernier, FL 33070
County Commissioner:
I urge you to vote NO on item P-16. It's a bike ride from my house and a place that I and other local residents would like
to continue to have access to. I can see the need to add a couple parking spaces and keep it closed on the weekends
but giving it away is throwing the baby out with the bathwater.
As a resident of the Florida Keys and Monroe County, I urge you to uphold the current County Code and the Livable
CommuniKeys Master Plan which clearly prohibits the abandonment of public beach access and any revision to this
code. While not only setting a bad for more challenges lik this, removing this neighborhood access will displace families
and residents who have used the location for decades. I strongly ask that you stand by your words and protect our right
to the beach for ALL residents of Monroe County.
Thank you,
Barbara Overton
Sent from Mail for Windows
.....................
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Monday, June 19, 2023 3:13 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: Agenda item P-16
Categories: Public Comment
FYI
L%vuL .yy Ballard,
Aide to Roman Gastesi, County Administrator
Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544 (Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
www.monroecounty-fl.gov
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
Pleo e c.on,tlder the environrrrent when
4�0 0"1111
deciding hetl'ier to print this erra iL
From:Julie DuVall <julie.duvall512@gmail.com>
Sent: Monday,June 19, 2023 9:29 AM
To: BOCCDIS5<BOCCDIS5@ Mon roeCounty-FL.Gov>
Cc:Abel-Corie<Abel-Corie@ Mon roeCounty-FL.Gov>; Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Subject:Agenda item P-16
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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.
As a resident of Monroe County I urge you to uphold the county master plan that PROHIBITS the county from
abandoning public beach access which will prevent residents from future access. I'm asking that you protect
our right to the beach for ALL Monroe County residents."
We have too little PUBLIC access to the water as it is. Please don't further restrict it. Remember,you represent
all the residents,not just those who own waterfront property or belong to an HOA.
Thank you,
Julie DuVall
702 Largo Road, Key Largo FL 33037
616-514-2599
roulie,cluvall51.2����maiV,cc�m
agenda item number "P-16"
Julie DuVall
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Monday, June 19, 2023 3:14 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW: IMPORTANT: Sunset Point Association Update #7
Categories: Public Comment
FYI
L%vuL .yy Ballard,
Aide to Roman Gastesi, County Administrator
Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544 (Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
www.monroecounty-fl.gov
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO 7WE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
0 Please c.on,tldor the ervironrrront when
4�0
decidinghether to print this or�a:aiL
From: Danielle Malkin <Danielle@househq.com>
Sent: Monday,June 19, 2023 9:44 AM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Cc: BOCCDIS2<boccdis2@monroecounty-fl.gov>; Cates-Craig<Cates-Craig@ Mon roeCounty-FL.Gov>; BOCCDIS3
<BOCCDIS3@ Mon roeCounty-FL.Gov>; BOCCDIS4<BOCCDIS4@ Mon roeCounty-FL.Gov>; BOCCDIS5
<BOCCDIS5@ Mon roeCounty-FL.Gov>; sunsetpointcommunity@gmail.com
Subject: IMPORTANT: Sunset Point Association Update#7
1
Some people who received this message don't often get email from danielle@househq corn. Learn why this is important
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.
Frank Dodge
34 Sunset Road Key Largo FI 33037
305 989 6359
Agenda Item P-16
Dear Commissioners,
I am a resident of the Sunset Point Community Association (or Bay Harbor Association). I (We) implore you to move
towards a resolution for Bay Harbor ROW. Our small neighborhood continues to be inundated with day trippers who do
not abide by rules set forth by the County. I (We) are continuously calling the Monroe County Sheriff's office putting
undue burden on officers to confront people who are disrupting our neighborhood, parking illegally etc. I (We)fully
support the proposed amended ordinance and are looking toward leadership for a resolution to this issue that has been
ongoing for years and years.
Sincerely,
Frank Dodge
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Monday, June 19, 2023 3:14 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: Fwd: Public Comment for June BOCC Meeting
Categories: Public Comment
FYI
Sent from my iPhone
Begin forwarded message:
From: Lindsey C<lindsey.b.crews@gmail.com>
Date:June 15, 2023 at 3:32:03 PM EDT
To: Ballard-Lindsey<Ballard-Lindsey@monroecounty-fl.gov>
Subject: Public Comment for June BOCC Meeting
You don't often get email from lindsey.b.crews@gmail.com. Learn why this is important
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not click links or open attachments you were not expecting.
Hi Lindsey!
I would like to submit a public comment for agenda item p16 for the June Board of county
commissioners meeting.
My name is Lindsey Crews
My phone is 757 705 4682
And my current address is 16 A Lycaloma Ave Key Largo FL 33037
Dear Board of County Commissioners for Monroe County,
I'm writing today to oppose agenda item p-16 that revises the county code and master plan to allow for
abandonment of public beach access. As most of the community is aware, this proposed revision to the
county code is in reference to what is now known as Mike Forester Memorial Park known locally as
sunset Beach or secret Beach.
I live in an adjacent neighborhood to the park and utilize this park on a regular basis. I frequently will go
to the beach after work or take a walk during my lunch break to the water to get a break from the
1
administrative desk work that pays my bills. It is a special place for me and a place where I spent a lot of
time with my late fiance who died of covid in 2021. I frequent the park on the open days between
Tuesday and Thursday and never bring a vehicle there. Many times that I go I am the only person there
or there are some small local families that are enjoying the beach. As many of you are aware that beach
access, especially free beach access, is limited for Monroe County residents, especially those of us
outside of Islamorada and are unable to use founders Park for free.The provisions that the county put in
place in order to restrict use to bring peace to the neighborhood seem to be working at least
anecdotally in my opinion.
In addition to my use, this location is also used by Ocean studies charter School to teach students about
seagrass and about the animals that call at home.
Both of these uses, public access for those of us in Monroe County who may be can't afford to pay for
regular admission to many of the beach access areas and the use of this area as an outdoor classroom
space would be things that Mike would be proud of. In addition to the challenges this potential closure
brings the community at large, it is also disrespectful to Mike's legacy.
If followed through, I would be curious as to where the line would be drawn to allow neighborhoods
who have public parks inside of them to threaten lawsuits and gain valuable waterfront space. I imagine
that neighborhoods like Harry Harris, who experience similar increases in out of county residents
because of the park, would be interested in gaining a new homeowner's park as a result of this action.
I recognize that the county has been threatened with lawsuits from this HOA but the right decision is
sometimes not the easy decision.
I appreciate you all taking the time to read through the many public comments. I'm sure you all are
getting in regards to this public park.
Best,
Lindsey Crews
2
Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Monday, June 19, 2023 3:16 PM
To: Liz Yongue
Cc: Pamela G. Hancock; Shillinger-Bob; County Commissioners and Aides
Subject: FW:June 21 Meeting Of Monroe County Board of Commissioners
Categories: Public Comment
FYI
L%vuL .yy Ballard,
Aide to Roman Gastesi, County Administrator
Business Manager-Administration
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4443 (Office)
(305)393-4442 (Cell Phone)
(305)292-4544 (Fax)
Courier Stop#1
Ballard-Lindsey@monroecounty-fl.gov
www.monroecounty-fl.gov
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM TTtE
COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO 7WE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
Please c.on,tlder the environrrrent when
4�0 0"1111
deciding whether to print this erra iL
From: MARK GLEN FAULSTICH <markglen8500@comcast.net>
Sent: Monday,June 19, 2023 11:06 AM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Subject:June 21 Meeting Of Monroe County Board of Commissioners
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Name: Mark Faulstich
Address: 215 Navajo Street, Tavernier FL 33070-2119
Phone: 305-842-1578
Email: .r g en8500 comcast.net
Agenda Item No.: P. 16.
i would like to express my strong disapproval of the idea of placing any more water access under the
control of H.O.A.'s. There is currently way too little public access to the waters of the Keys, and a lot
of that has been removed recently. WE NEED MORE PUBLIC ACCESS TO WATERS IN THE
KEYS, NOT LESS! I regularly cruise the Keys desperately searching for any access to the ocean,
bay or gulf, and I am sick and tired of spotting any place that looks like decent waterfront, only to
discover that it is someone's yard or is enclosed by an HOA fence.
The one good thing we have going for us is the law that compels any road ending in water to allow
public access. To amend that benevolent principle in any way, in my opinion, would be
outrageous! You can be sure that if you place such places under the control of H.O.A's they will
certainly cut off access for their own benefit.
I implore you to please NOT amend Section 19-1(b) of the County Code, but leave it in its current
good state.
2