Loading...
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 0)i Ni i Mi Mi i i Ni lOir,iN 'V'd IDDI DN: 1 0 1 1 1 1 1 1 1 1 r,I 1 I 1n 1 1 1 1 1 1 1 1 1 1 N I 1 UJOH Welll!/V\1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I I 1 I I I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I I 1 I I I I 1 I •✓ul l 1 1 1 1 1 1 1 1 1 1 1 Q `I1 1 W 1 1 M I 1 L.n 1 r-I1 1 N M M I I 1� N I ulS.SaQ WZn1 1 00 1 1 1 M 1 1 1 M 1 1 �1 1 I 1 1 I I 1 I I I I 1 I I 1 1 I I 1 I I I I N I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I I 1 I I I I 1 I Y 1 1 1 1 1 1 1 1 1 1 1 1 fB 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I I 1 I I I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ----------------- I I 1 I I 1 I I I I 1 I `1 1 1 �1 LI)I Lf)1 L111�1LM L_ 'JUG jL.IjUa�vs:): /$� ` i 1 1 1 1 1 1 1 1 1 1 N I 1 I 1 1 I I 1 I I I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LJ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I I 1 I I I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Y 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 ('y1 �I I p 1 L,()I I �I I Q)IMam •Dul sl�aIil{DaV ZdDi i �i i i �i i i o i i M i i N N N Y 1 1 1 1 1 1 1 1 1 1 N I 1 O O O 1 1 1 1 1 1 1 1 1 1 1 1 N N N LJ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 \ \ \ O 1 1 1 1 1 1 1 1 1 1 1 1 Inc 1 1 1 1 1 1 1 1 1 1 1 1 \ \ \ W 1 1 1 1 1 1 1 1 1 1 1 1 W 1 1 1 1 1 1 1 1 1 1 1 1 4-1 = 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L_ 1/) 1 1 1 1 1 1 1 1 1 1 1 1 O 1 1 1 1 1 1 1 1 1 1 1 1 v I 1 1 I I 1 I I I I 1 I 4- 4••1 4- 4-- 1 1 1 1 1 1 1 1 1 1 1 1 m ra m 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LJ z 1 1 M 1 1 1 1 N 1 1 1 1 N 1 1�..4 ill Hd�1 1 1 1 1 1 1 1 1 1 1 1 Q 1 1 Q)1 1 1 �1 1 1 �1 1 �1 1 I N I I cc 1 1 1 1 1 1 1 1 1 1 1 1 In J 1 1 1 1 1 1 1 1 1 1 1 1 O 1 1 1 1 1 1 1 1 1 1 1 1 N O 1 1 1 1 1 1 1 1 1 1 1 1 Q n.0 1 1 1 1 1 1 1 1 1 1 1 1 z 1 1 1 1 1 1 1 1 1 1 1 1 Q 1 1 1 1 1 1 1 1 1 1 1 1 •L- L.L I 1 1 I I 1 I I I I 1 I �r1 i 1 1 1 1 1 1 1 1 1 1 1 1 V 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 •> (�J I 1 1 I I 1 I I I 1 I Y W -----------------------J--1-----L----L--J-----L----L--J-I -----L----L- •--J---J--- >� 1 1 1 1 1 1 1 1 1 1 1 1 1 1IA � 1 1 a-J 4- 1 1 1 1 Q (Tj 1 1 � 1 �1 1 a••1 1 c 1 1 C 1 C: 1 1 1 ra 1 1 1 M 1 1 1 (6 1 1 1 fE i i Oi �i i •pi O i = i 1 1 1 1 1 1 1 N p L M 1 1 1 1 1 1 1 1 1 1 1 1 L E O N 1 1 1 1 1 1 1 1 1 1 1 1 J V 1 1 1 1 1 1 1 1 1 1 1 1 m 0 T O 1 1 1 1 1 1 1 Y M I 1 O I I I 0-1 I I O I I 1 I Q � i i 0 L_ m N L � i a•'' N O 1 1 1 1 1 1 1 1 1 1 1 1 IR 0)W T m Q Q 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Q ai c C -6 O c c C C 1 1 1 1 1 1 1 1 1 1 1 1 N c p L L I 1 1 I I 1 I I I I 1 I h LLi ra N aj -�O aj Qj 1 1 1 1 1 1 1 1 1 1 1 1 O a• - N 4••1 Y '� I 1 1 I I 1 I I � I I 1 I - N �-•1 � �-•1 � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Q I 1 1 1 +c N y. \ tH 1 1 �1 1 1 S I 1 1 N I 1 1 1 �� O 1 1 i t 1 1 QAI 1 1 1 1 1 1 E E E I 1 1 I 11 I I 3 1 I 1 I T� O O O O i i m i i i Y i i i i i i i `lnV U U _� U I 1 f0 1 I I �1 I I I I 1 I L O O O 1 1 L• 1 1 1 L I 1 1 •� 1 1 1 1 U L..1._ i i i i V i i i Y i i i i a--+ a-J � U 1 1 1 1 1 1 1 1 1 1 1 1 1 � • � •� � O 1 1 1 1 1 1 1 1 1 1 1 I Y 1 1 1 1 1 1 1 1 1 1 1 1 N Z~i i i i i i i i i i z: Q 4 4- Lvf, 4- I 1 � 1 1 1 N I 1 1 M I 1 yJ I 1 1 I 11 I I w I I I Z I= O O O QI 1 1 1 1 1 1 1 1 1 O l a 1 1 I t I I I l I 1 1 L I 1 1 I J QJ • QJ 1 1 �1 1 1 OI 1 3 1 1 1 3 1 1 1 3 1 1 J I J l a •> 1 1 1 1 1 1 1 1 1 1 1 1 +J ,v 4"1 4"1 ,_�1 �i i i � i i �i�i`W` O O W C LLI 1 1 a)1 1 1 �1 1 1 a) 1 1 O 1 O 1/ 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- cl e rk.co m%7C83eef7387f2c4c697 bd908d b6cfffa b5%7C5e7638e7dcd b4069afa5946880d 021f 1%7CO%7CO%7C638223618 923556101%7CUnknown%7CTWFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQljoiV2luMzliLCJBTil6lk1haWwiLCJXVC16Mn0% 3D%7C3000%7C%7C%7C&sdata=2NG kCsZI U KY6BPwZtQtwOauOrBsU bT5JfW21X14HQPA%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: 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 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: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 You don't often get email from theiearibu arnail.com. Learn why this is important 1 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. 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 You don't often get email from kennedyawall@gmail.com. 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. 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 [You don't often get email from ambervella1894@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] 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. 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 [You don't often get email from mekleeman@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] 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. 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 You don't often get email from ncollins@partspak.com. 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. 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 lU�,�„P IIIIU .o, ���°���iu rsY���°� IIII-4 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 [Some people who received this message don't often get email from vbust002@fiu.edu. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] 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. 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 You don't often get email from cyclebell@aol.com. 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. 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 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- clerk.com%7C71c14fd5b97d442c744708d b702846f8%7C5e7638e7dcd b4069afa5946880d021f 1%7CO%7CO%7C6382270 90528216492%7CU n known%7CTW FpbGZsb3d8eyJ Wljoi MC4wLjAwM DAi LCJQljoiV2l u Mzl i LCJ BTi 161 klhaWwi LCJXVCI6M n 0%3D%7C3000%7C%7C%7C&sdata=zWa8jXy5bykl r3fC9TKoW LOxlw8hXCfZcemvx%2B6p4AE%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: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 [You don't often get email from vcwalsh@outlook.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 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- fl.gov%2F&data=05%7C01%7Ceyongue%40monroe- clerk.com%7Cab8ea5a5cea44a52584e08db70285a0e%7C5e7638e7dcdb4069afa5946880d021f1%7C0%7C0%7C6382270 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 [You don't often get email from monicamcmanus@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification j i 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. 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- clerk.com%7C67d94459dec344fc2f1408d b7028678d%7C5e7638e7dcd b4069afa5946880d021f 1%7C0%7C0%7C6382270 91061860287%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=%2BZVoTJ Diwz57QH9a bD05LaCsokYPZ3J rxegGOp3%2FZBc%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: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 [Some people who received this message don't often get email from joshmorris2003@gmaiI.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification j i CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Name: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 1 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. 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 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- clerk.com%7C4ff6f63b53974ecc3aef08d b70288b04%7C5e7638e7dcd b4069afa5946880d021fl%7CO%7CO%7C63822709 1662052845%7CU n known%7CTW FpbGZsb3d8eyJ Wljoi MC4wLjAwM DAi LCJQljoiV21 u Mzl i LCJ BTi 161 klhaWwi LCJXVCI6M n0 %3D%7C3000%7C%7C%7C&sdata=WfOSTSN IW9KndyhkmfXKVZZgBJW3f4df2TbaTnhGRV4%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: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 [You don't often get email from allisonmah25@optonline.net. Learn why this is important at https://aka.ms/LearnAboutSenderldentification j i 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. 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 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- clerk.com%7Cf969371e301f4c03e62d08d b70289bcc%7C5e7638e7dcd b4069afa5946880d021f 1%7C0%7C0%7C6382270 91937623001%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=nQ9x99ec%2BGuAkU06d7EJzXyTS%2FV3fkaj iwmoH IT%2FTvM%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: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 [You don't often get email from allisonmah25@optonline.net. Learn why this is important at https://aka.ms/LearnAboutSenderldentification j i 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. 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 You don't often get email from boverton@grnaikom. Learn why this is important 1 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 Some people who received this message don't often get email from iulie.duva11.512C?tcsmail.com. Learn why this is important 1 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 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. 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 You don't often get email from markaleri8.500@comcast.riet. Learn why this is important 1 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Name: Mark Faulstich Address: 215 Navajo Street, Tavernier FL 33070-2119 Phone: 305-842-1578 Email: .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