Item P13:00 P.M. PUBLIC HEARING
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/16/08
Bulk Item: Yes No xx
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Approval of an ordinance amending Sec. 13-5.5 of the Monroe County Code, creating the Big Pine Key
Park.
ITEM BACKGROUND:
The intent of this ordinance is to create a park on Tract A, Whispering Pines subdivision, Plat #3 as
recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida (RE#286360-
000000), formerly known as Mariners Resort, establishing the parameters by whichi the park is to
operate, since the construction of the park is expected to be completed by early August, 2008.
PREVIOUS RELEVANT BOCC ACTION:
3/20/2002 BOCC approved the purchase of property for use as Big Pine Key Park
4/17/2002 BOCC approved an Interlocal Agreement and Conservation Easement for the Mariners Park
site
6/18/2008 BOCC approved advertisement of Public Hearing
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A BUDGETED: Yes xx No
COST TO COUNTY. Same. SOURCE OF FUNDS:
REVENUE PRODUCING: Yes o xx AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 2/05
AGENDA ITEM #
ORDINANCE NO. -2008
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AMENDING SECTION 13.5-5, MONROE
COUNTY CODE, BY THE ADDITION OF BIG PINE
KEY PARK TO SECTION 13.5-5(a); AMENDING
SECTION 13.5-5(d) SETTING HOURS OF OPERATION
FOR BIG PINE KEY PARK; AMENDING SECTION
13.5-5(n) ADDING BIG PINE KEY PARK TO THE LIST
OF PARKS THAT ALLOW ANIMALS; AMENDING
SECTION 13.5-5, BY ADDING SUBSECTION (s)
REGULATING THE USE OF SKATES,
ROLLERBLADES, SKATEBOARDS, AND THE USE
OF BIG PINE PARK FOR RACQUETBALL,
HANDBALL, ROLLER HOCKEY, FITNESS AND ANY
SIMILAR ACTIVITY, PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 16, 1997, the Board of County Commissioners of Monroe
County, Florida, passed and adopted Ordinance 01-1997, placing restrictions on the use of
alcoholic beverages in parks, setting park hours for any parks enumerated within the
Monroe County Code of Ordinances, and establishing penalties for violations of the
applicable sections of the Monroe County Code; and
WHEREAS, on March 20, 2002, the Board of County Commissioners of
Monroe County approved the purchase of Tract A, Whispering Pines subdivision,
Plat 93 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe
County, Florida (RE#286360-000000) with closing taking place June 2002; and
WHEREAS, on April 17, 2002, the Board of County Commissioners
approved an interlocal agreement and conservation easement for the Mariners Resort
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Park site; and
WHEREAS, in .tune 2002, closing tools place on Tract A, Whispering Pines
subdivision, Plat #3 as recorded in Plat Book 4 at Page 59 in the Public Records of
Monroe County, Florida (RE#286360-000000) (Mariners Resort); and
WHEREAS, section 13.5-5(d) of the Monroe County Code of Ordinances
currently designates park hours with exceptions; and
WHEREAS, section 13.5-5(n) of the Monroe County Code of Ordinances
currently allows pets at certain Monroe County parks under specified conditions; and
WHEREAS, section 13.5-5(q) of the Monroe County Code of Ordinances
currently regulates skating, rollerblading, skateboarding or similar activities in the Key
Largo Community Park area; and
WHEREAS, Big Pine Key Park amenities also include skating, racquetball,
handball, roller -hockey, multi --purpose courts, and fitness stations;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Section 13.5-5(a), Monroe County Code, is hereby amended to
add the Big Pine Key Park, as follows:
(20) Big Pine Key Park means Tract A,_ Whispering Pines
subdivision, Plat #3 as recorded in Plat Book 4 at Page 59 in the
Public Records of Monroe County, Florida (RE#286360-000000)
formerly known as Mariners Resort.
Section 2. Section 13.5-5(d), Monroe County Code, is hereby amended to read
2
as follows:
(d) Park hours. The parks and beaches listed above are open to
the public, Monday through Sunday, for 7:30 a.m. until sunset with the
following exceptions:
Bay Point Park, and Bernstein Park are open everyday from
7:30 a.m. until 10:30 p.m.;
• Big Coppitt Volunteer Fire Department is open everyday from
7:30 a.m. until 10:00 p.m.;
® Friendship Park is open everyday from 7:30 a.m. until 8:30 p.m.;
• Key Largo Community Park is open everyday from 7:00 a.m.
to 9:00 P.M.
• Big Pine Key Park is open everyday from 7:30 a.m. to 8:30 p.m.
All persons and their vehicles that enter the parks during the open
hours must leave the parks by closing time, unless prior approval has
been granted by the Monroe County Public Facilities Maintenance
Director, or his/her designee, by way of a use form for a specific event.
Any vehicles in the parks when the parks are closed will be towed
away at the vehicle owner's expense.
Section 3. Section 13.5-5(n) Monroe County Code, is hereby amended to
read as follows:
(n) Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina
Harvey Park, Sunset Point Park, Bid; Pine Key Park, and in those parts
3
of Harry Harris Park and Higgs Beach County Park specified in (o),
subject to the following regulations-
(1) Pets must be leashed on a leash no greater than eight (8) feet long.
(2) Owners must clean up after pets and properly dispose of waste. The
county shall provide Mutt Mitts and Doo-Drop In stations for this
purpose.
(3) Pets exhibiting aggressive behavior or creating a nuisance must be
immediately removed from the park.
Section 4. Section 13.5-5 Monroe County Code, is hereby amended by
adding subsection (s) to read as follows:
(s) No person shall skate, rollerblade, skateboard, play, racquetball,
handball roller hocke use the multi -purpose courts fitness stations or
perform any similar activity in any area of Big Pine Key Park except
where designated by posted signs. Rules regulating the use of the skate
nark at Big Pine Key Park shall be established by resolution of the board
of county commissioners or the county's contracted park operator, shall
be provided to users, and shall be posted at the skate park.
Section 5. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this ordinance
11
are hereby repeated to the extent of said conflict.
Section 7. This ordinance does not affect prosecutions for ordinance
violations committed prior to the effective date of this ordinance; does not waive any
fee or penalty due or unpaid on the effective date of this ordinance; and does not
affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to
the requirements of any ordinance.
Section 8. The provisions of this ordinance shall be included and incorporated
in the Code of Ordinances in the County of Monroe, Florida, as additions or amendments
thereto, and the Monroe County Code shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Section 9. This ordinance shall take effect immediately upon receipt of
official notice frorn the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the day of
2008.
Mayor Mario DiGennaro
Mayor Pro Tem Charles McCoy
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
Commissioner George Neugent
(SEAL)
Attest: DANNY L. KOLIIAGE, Clerk
By:
Deputy CIerk
(VI E COUNTY AEY
P R ED 6SOM:PEDROJ.DOASSISTANTCORNEY �q/0�
Date
5
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, July 16,
2008 at 3:00 P.M., or as soon thereafter as may be heard, at the .Harvey Government Center, 1200
Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 13.5-5, MONROE COUNTY CODE, BY
THE ADDITION OF BIG PINE KEY PARK TO SECTION 13.5-
5(a); AMENDING SECTION 13.5-5(d) SETTING HOURS OF
OPERATION FOR BIG PINE KEY PARK; AMENDING SECTION
13.5-5(n) ADDING BIG PINE KEY PARK TO THE LIST OF
PARKS THAT ALLOW ANIMALS; AMENDING SECTION 13.5-5,
BY ADDING SUBSECTION (s) REGULATING THE USE OF
SKATES, ROLLERBLADES, SKATEBOARDS, AND THE USE OF
BIG PINE PARK FOR RACQUETBALL, HANDBALL, ROLLER
HOCKEY, FITNESS AND ANY SIMILAR ACTIVITY,
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8: 30 a. m. - S: 00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call 711 ".
Dated at Key West, Florida, this 18"' day of June, 2008.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication dates:
Reporter (Fr) 6/27/2008
Keynoter (Sa) 6/28/2008
KW Citizen (Su) 6/29/2008