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Item K3 K3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: K3 2023-2031 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner n/a AGENDA ITEM WORDING: Discussion and Direction Regarding Extending the Established Tavernier Creek Slow Speed/Minimum Wake Zone to Encompass the Remainder of Tavernier Creek Pursuant to a Safety-Based Request Received from the Village of Islamorada. ITEM BACKGROUND: Monroe County currently is the jurisdictional permittee of a Slow Speed Minimum Wake("SSMW") boating restricted area in Tavernier Creek, established pursuant to attached Monroe County Ordinance No. 019-1995. The Village of Islamorada, where this water body is situated, has approached the Monroe County Marine Resources Office with a request to extend the existing SSMW boating restricted area. The proposed extension specifically targets a narrow portion of the subject creek encompassing two blind bends. The proposed extension aims to enhance safety in the area,particularly around the blind bends that pose navigational challenges. The Village's request is supported by a formal letter, and a rough map detailing the proposed extension is included in the agenda materials. The Marine Resources Office's preliminary assessment of the proposed extension aligns with the safety concerns raised by the Village. Currently, the navigable portion of the waterway is approximately 100 feet wide within the area of the two blind bends. The existing caution buoys marking the blind bends serve as a warning to boaters. However, considering the swift current, limited visibility, and the diverse range of watercraft users in the area, it has become apparent that an extension of the SSMW zone is warranted. A recent survey conducted by the Marine Resources Office involved an on-site assessment of the markers in Tavernier Creek. During this survey, the survey team observed a significant amount of vessel traffic and diverse watercraft usage. The navigational challenges were underscored by the presence of kayaks, boats fishing at anchor, a 60-foot charter vessel, and various pleasure craft, including both smaller vessels and larger boats. This increase in vessel size and activity since the establishment of the subject zone in 1995 necessitates a reevaluation of the existing regulations. The Village of Islamorada's request aligns with the legal framework outlined in Florida Administrative Code Rule 68D-21.004(2)(b) specifically addressing bends or intervening obstructions to visibility in a narrow channel or water body. The criteria include adherence to Inland Navigation Rule 9 (33 U.S.C. § 2009), as adopted by Florida Statutes Section 327.33. The conditions outlined in this promulgated administrative rule stipulates that a decision sight distance of less than 300 feet, impeding the operator's ability to see other 2655 vessels or waterway users,justifies the extension of the SSMW zone. Given the observed conditions, safety concerns, and alignment with salient legal requirements, it is recommended that the subject request for an extension of the SSMW zone in Tavernier Creek be considered favorably. This extension is not only in the interest of public safety but also acknowledges the changing dynamics of vessel size and usage patterns in the area since the zone's inception in 1995. The formal request from the Village of Islamorada is a proactive step towards ensuring the continued safety of waterway users in this popular boating location. Upon obtaining approval of direction to proceed, the BOCC's professional staff will initiate the necessary steps to secure modifications to permits for the existing zone. This process involves engaging with regulatory bodies such as the Florida Department of Environmental Protection ("FDEP"), U.S. Army Corps of Engineers ("USACE"), U.S. Coast Guard("USCG"), and the Florida Fish and Wildlife Commission("FWC"). Subsequently, an ordinance to amend Ordinance No. 019- 1995 would be presented in a public hearing before the Monroe County Board of County Commissioners ("BOCC") at an upcoming BOCC public meeting, formalizing the extension of the Slow Speed Minimum/Wake Zone in Tavernier Creek. PREVIOUS RELEVANT BOCC ACTION: December 1994—Approval of Ordinance No. 029-1994 creating a boating restricted area (Idle Speed/No Wake Zone) in Tavernier Creek June 1995 —Approval of Ordinance No. 019-1995 amending Ordinance No. 029-1994 from an Idle Speed/No Wake Zone to a Slow Speed/Minimum Wake Zone. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval of direction to the professional staff of the Monroe County Planning and Environmental Resources Department's Marine Resources Office to pursue extending the established Tavernier Creek Slow Speed/Minimum Wake Zone to address the safety concerns of the Village of Islamorada. DOCUMENTATION: Ordinance 029-1994—Tavernier Creek.pdf Ordinance 019-1995—Tavernier Creek.pdf Islamorada Tavernier Creels Slow Speed Zone letter to MC.pdf Islamorada Agenda -December 12, 2023 -REVISED.pdf Islamorada Agenda item—Tavernier Creels 121223.pdf FINANCIAL IMPACT: Effective Date: n/a Expiration Date: n/a Total Dollar Value of Contract: n/a 2656 Total Cost to County: To be determined Current Year Portion: n/a Budgeted: yes Source of Funds: State BIF 62520 530310 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: n/a If yes, amount: Grant: no County Match: n/a Insurance Required: n/a 2657 FILED FOR RECOR' 1% DEC 12 JQ0:44 Commissioner Mary Kay Reich 9 a N CLK � ORDINANCE NO.02 9-1994 �:.Ik � MONROF rnUN? Y. f r AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE)FOR THE NEAR SHORE WATERS ADJACENT TO POPULATED AREAS ON TAVFY14ER CREEK, PLANTATION KEY/KEY LARGO; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT POSTING OF BOATING RESTRICTED MARKERS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABEM, PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the area of navigable waters of Tavernier Creek, as described in Exhibit A, is a common route for numerous boaters, creating a dangerous situation where boats move at higher speeds;and WHEREAS, in order to protect the public health and safety, the Board of County Commissioners of Monroe County has determined that it is necessary to create a boating restricted area(idle speed/no wake zone)in the area described in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY =° COMMISSIONERS OF MONROE COUNTY, FLORIDA, that. Section 1. De i 'ons . a) "Idle speed/no wake" means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway. } 1 2658 b) "Vessel' is synonymous with boat as referenced in Art. 7, Sec. l(b), Fla. Const. (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Idle Soeed/No Wake Boating Restricted Area Established. No person shall operate a vessel in the Idle Speed/No Wake boating restricted area at a speed in excess of idle speed no wake. The boating restricted area is hereby established to be all waters within the area described in Exhibit A. A map reflecting the boundaries of the boating restricted area shall be available at the Monroe County Department of Marine Resources. Section 3. Idle Soeed/No Wake Markers. The Idle Speed/No Wake boating restricted area described in Exhibit E r A shall be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations. Section 4. Hold Harmless Agreement Authorized. 4 As a condition for the issuance of a permit from the Division of Law Enforcement of the Department of Environmental Protection (hereinafter "Department") for the Idle Speed/No Wake boating restricted area described in Exhibit A, the County hereby consents and agrees to hold the Department z}; harmless from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance or operation of the Department- ' approved markers. The Mayor is authorized to sign and execute an , agreement to that effect with the Department if required by the Department's rules or procedures. Section 5. Penalties. 2 2659 a) Any Person cited for a violation of this ordinance shall be deemed charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. Citations shall be issued pursuant to Sec. 327.74, Fla. Stat. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $35, except as otherwise provided in this section. b) Any person cited for an infraction under this section may: 1) Post a bond, which shall be equal in amount to the applicable civil penalty; or 2) Sign and accept a citation indicating a promise to appear. The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty. a c) Any Person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree. d) Any person charged with a noncriminal infraction under this section may: 1) Pay the civil �~ penalty, either by mail or in person within 10 days of the date of receiving the citation, or 2) If he has posted bond, forfeit bond by not appearingat jrYn the designated time and location: If the person cited follows either of the above procedures, he shall be deemed to have admitted the infraction and to have waived his right to a s, hearing on the issue of commission of the infraction. Such admission shall (' not be used as evidence in any other proceedings. ; A 5 tlyy e) Any Person electing to appear before the county court or who is required to appear shall be deemed to have waived the limitations on the civil 3 2660 penalty specified in subsection (a). The county court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county court may impose a civil penalty not to exceed $500. f) At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonable doubt. g) If a person is found by the county court to have committed an infraction, he may appeal that finding to the circuit court. Section 6. Exemption. This ordinance shall not apply in the case of an emergency or to a patrol or rescue craft. Section 7. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not f be affected by such invalidity. i Section & All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 9. 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 to conform to the uniform numbering system of the Code. Section 10. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Idle S Peed/No Wake boating restricted area is approved by the necessary state and federal agencies. } PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 2b3d_ day of November A.D., 1994. t 4 2661 Mayor Freeman yes Mayor Pro Tem London yes Commissioner Harvey yes Commissioner Douglass -yes Commissioner Reich es (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Danny L. Kolhage OF MO OE COUNTY, FLORIDA By " By Deputy C erk ay /Chairman I EFFECTIVE DATE is E .1 ArPROVEDASTDF r• LE Date i w S 26624 • ki �J NO WAKE ZONE MARKER NO WAKE ZONE BOUNDARY Extibk A Tavemler Creek Plantation Key 2663 ,cawr. I 4 y- �annp . jtolbagt BRANCH OFFICE � 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT MARATHON, FLORIDA 330 MONROE COUNTY BRANCH OFFICE TEL. (305)2"-6027 500 WHITEHEAD STREET SWO OVERSEAS HIGHWAY KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 3M TEL. (305)M-3550 TEL. (3M)s52-7145 December 9, 1994 CERT01W MAIL RLMIRN RECEIPT REQUE9M Mrs. Liz Cloud Bureau of Administrative Code and Laws Department Of State The Capitol Tallahassee, Fl.32301 Dear Mrs. Cloud: Enclosed Pose find a certMed copy of Monroe County Ordinance No. creating a Boating Restricted Area (idle 029-1994 adjacent to sPeed/no wake zone) for the near shore waters Populated areas on Tavernier Creek,Plantation Key/Key La • for definitions; providing that Monroe Count a moo.Providing ,� ` Environmental Protection ha y agrees to hold the Florida Depar�nt o[ ''_ rmless from any UabUity incurred from the Posting of boating restricted markers; Providing for negligent . for exemptions; providing for Barkers; P • g penalties for violations; providing Y�Providing for repeal of all ordinances inconsistent herewith;providing for Incorporation �p. providing an effective date. into the Monroe County Code;and This Ordinance was ado ,F Commksioners at a R Pted by the Monroe County Board of County Please file for record. ��Meeting in formal session on November 22, 1994. Danny L.Kolhage Clerk of the Circuit Court and ex OMcio Clerk to the Board of County Commissioners t By: Ruth Ann jantzen De pu Cleric 2664 1 i ° i to " uoi � w a � r I w "aLn T a p m � aid $ a O o V g g w N CC C3 c° ° J� win OE-4 v v4 8 Qa oa S O £eat 4U"`009C uup:l Sd : _ _ _ 2665 1 cc: Municipal Code Corporation County Commissioners County Administrator County Attorney Growth Management Director Director of Marine Resources He MUM— A • CoMpMI�ftm 1 8,11W 21a sdedo"whew t�ls0;wiibll,:b0.xt N 4, • Cwptts Muw>4 aId N i�. :.1 • Mnt low news ad sdbsoe eu oIs Isvaos of ode taw wow rw amMOM NO Wd to"ok � �Q MWIOM dOf an Wtds • AueaA ods tnst s•oIs halt o/oIs wt�toer,sr ss.M beet N poe 1. (� � does net dawlt, � • 1AhIM"IItOn111Mt+tlloOwMd"Cn11M/w�itesMMMMealitlonlw�btr ��" :'� ��p 1 •��nAe�tatMit110Mr1eMlM�ntlldallb�M,M�IIiMMt#d11MIge �` � �"i"�^^' .,y -., o- to. M. Attldf NVlAbM f = :c. J •Oi �� .ate .w,w A ,.t} 1 SWIM" om j 71 .x FS Am .DeawrAw 1991DOMM�tAierO�tlt�•14tM:„ ` .i i , I,Jil,,.li�l!:,,,f:,IlL„II.. i , , , ►, ,,, , , , „ , , „ , : 2666 ow . FLORIDA DEPARTMENT OF STATE Jim Smith,Secretary of State DIVISION OF ELECTIONS { Bureau of Administrative Code The Elliot Building Tallahassee, Florida 32399-0250 (904)488-8427 i December 16, 1994 Honorable Danny L. Kolhage Clerk of Circuit Court , Monroe County �:y- . 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letters of December 9 and 12, 1994 and certified copy each of Monroe County Ordinance Nos. 029-1994 through 037-1994, which were filed in this office on December 15, 1994. For future use, our current address is: Department of State Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 Sincerely, SC ud, Chief Bureau of Administrative Code LC/mw 2667 NOTICE OF INTENTION TO CON- -r-- a SfOL�I J100PTION OF COUNTY x .G0I+ICERN. 1�x that on. - 1 `r N M-.,UM4.. at TIZEN Published Dail3, . oluis10ot1ow- : .ey Vest, l'Zoi1roe County Florida 33040 TAICTED.AREA n NEAR:SHOREZONE) I D A a FD"AR- ERNIEIt`CREEK, vEOE: ' 09FFMIT ONS _ T-fMONAOE� iersigncd awhcriiy persona'iy ap(Dcz:rcd 4i? C son ;I�.ITTFIE GJ/ IC .V1;0 Oil Oaih . iCrisinc , 0 .srOR MiC' L , apCr publishedblished ROTEwT10Nnr ce County Flcr da; t}lat gh-C ailIC&C-d c; ti:c L zdvertisciiien', bci:-1-9 ' J NEQ41- DING 't ofN ,tHg ;`a r e c � Cii;:;, '.' �ssl-,!:%o .il said i?C-�'1sDit)Cr ill il:e Ot�N J 1 q`'t `{ ' Y� �' tslat tfa. ys tiiat ti%e sa ri i i.c Key West CiiiZcil is a i:ev spap er published at Key M<lf�d►- ' z'. i an ,lie s no f a i, �,� � SwF � Cou 1, , 1 .c::c�, �.i,o 11iai ,..� ,;�.:G .. �.,,f,4Lcr his ncr.eio,orc been R ba++ led in said fV:cni'Oe CCui?iV, RoriCa, each Cay (e:4Cc t Saturdays slid ` zlid has been enlcied c; second-Crass iii .i! Eiii:itcl' at 'he cost Office in ( ' r Mta ionroo CCuni j' Florida, tr period Of 1 "Cal' ilex, Di' -,^in file fir �. S i � 9 11ached cc-py; of aGJC'I'il„i;!liClii; and af;!aia iUl'ti?el' Says illat he I'.ci$ `R la�d�iFr�lhF IiISCG{�:li;;�G!'sCl?,'il'i11Cl'Ci: 1�c1'iiiC;lanydir-coulii, rebale, cciiiinissioll t a' ' )U1'NOSC Of sCCurii-:g this ac:verlisCi-oiit icr I,;;b!icat!011 In file sald KtSLFlIIOE ' Clrlewt Cautsnd ' �.+��clt'01!{pflldaelt'ofthseoa�d p A 0j.4 A--` > G �CaMonars of 4 Countr�F.lt r. alloYen a ,howOU (Signature of Affiant) S%vorn io and subscribcd Le;cre � Gc: C. �Jv�i• i l 'rlalure Cil 1Nciai), Public) 1 SUL HY COMMISAN f CC 351124 ML-0 9•Iyli! of ,\'ciary Pubic) Expires: Personelly Kr. vrn er-- ci Prcccccd :dcr�if:e :ic;� Type of IdenlitiCalion Prcduccd 2668 PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared_ Tom Tuel 1 who on oath. says that he/she is » Editor —M of the FLORIDA KEYS KEYNOTER. a twice weekly newspaper published at MARATHON. in MONROE COUNTY. FLORIDA; that the attached copy of advertisement. being Notice Of Intention To Tavernier Creek Idle Speed/No WakeConsider tion ZoneOf County Ordinance IN THE MATTER OF: in the Court was published In said newspaper in the issues of —�-- October 29 s November 5 1994 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper "O`1O016M at MARATHON, in said MONROE COUNTY. FLORIDA, and that the said news. paper has heretofore been continuously published in said MONROE COUN- TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office in MARATHON, in said MONROE COUNTY. FLORIDA. for a period of one year neat preceding the first publication of the attached copy of advertisement; and affiant for-' ther says that he has neither paid nor promised any person, firm, or corpo. ration any discount, rebate, commission or refund for the purpose of secut, ing this advertisement for publication In the said newspaper.(SEAL) . f e MARY LOU 5CLL8C2CER NO M9 Comm Exp. 8/14/96 (seal) w�I 'f Bonded By Service Ins '!f OF f`Oa� %o. CC219643 gNVns,Vffv" 11MOLIL •SWORN TO AND SUBSCRIBED BEFORE ME THIS 5 t h � ral..�w. DAY November A.D. 1994 °"�" ;' J ", ..ti1gC►+�. 2669 NOTICR IN a�+TT I I Cow �pPl ION OP c)O IM WHOM rrMAyCONCERN NOTICE IS HERMY A M dot ao'i 7. 22.1994. '�MoC� W comida*e woom of me tonow"COORgr O`dow" ORDINANCE NO. 1994 ANORDINANCECREAW4ABOATMO'R AREA (IDLE SPEEDINO W AKE ZONE)FOR THE NEAR SHORE V ATERS POPULATED AREAS ON TAVERNIER EK. CRE ,A,TATION1 LARGO:PROVWMFORDEFW1T10�NI3E PROVIDING r%T MONROE COUNTY AGREES TO HOLD ROWDA DEPARTMENT OFIFROIdNDENVIROWDITAL RG- R8ERVINO p HARMLESS FROM LIGENT OFPOSTINGBOATING ��:PRa DAGNY WOLFF "DVWM FOR f0� VVw11m,PO PENALTIES FOR V�'ATI�' BOX 1187 XlPTw PROVIDING FOR SEVERABIU ROVID0 NS131ENiHRE REOOFALLORDINA O N N1 pECOIY FDLAD �D ,Vqp�VE DATL IOS./�101id4$YMe004 i1 to STATEMENT OF PROOF OF PUBLIC 4Teoad d spe/1cR a �� d TaroTfMeTao�� rsarY�aerwir� STATE OF FLORIDA ) mep�oaeduP•'°d�'�� °°".ro..v�letT! +� °i;. COUNTY OF MONROE ) �Teoo414tIR.po � b,1 capies�e.Wsa�lbo+r, 1wlrtowo� 3 Before the undersigned authority personally appeared DAGNY WOL. drvnioxTONkN"* � *A261U*I EDITOR and PUBLISHER of THE REPORTER, a weekly net DAMIrUyV'"'�'idy D OowlY advertising published at Tavernier, Monroe County, Florida: that the dm4t1Y being a LEGAL ADVERTISEMENT BOns �0' '�4'� dMano.G�!1>�RO�` IN THE MATTER OF NOTICE OF INTENTION yx P„a WA&Ib3"d Itn7A4 711eRepoeleT °. �;� IN THE Court, was published in said newspaper it 'hludw•w'33M 11/17/94. Affiant further says that the said REPORTER is a newspaper q�p .lnMg1. Monroe County, Florida, and that the said newspaper has heretofore bee said Monroe County,Florida,each week(on Thursday),and has been entl a er at the Post Office in Tavernier,in said County of Monroe,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount,rebate,commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SF. [; _ SWORN TO AND SUBS R1RED BEFORE ME THIS _17TH_ DAY OF_NOVEMBER_A.D..1"4_ NOTARY PUBLIC NMA4T rU@M SIATII O/1►0111PA AT LA444 1 MY COMMISSION F.XPIRFJ"ommw M MWON►MMA4T O/.l"S �i1�fKlRA04 2670 1 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, November 22, 1994, at 10:00 a.m. at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1994 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/ NO WAKE ZONE) FOR THE NEAR SHORE WATERS ADJACENT TO POPULATED AREAS ON TAVERNIER CREEK, PLANTATION KEY/KEY LARGO; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT POSTING OF BOATING RESTRICTED MARKERS; PROVIDING FOR } PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE;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. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida,this 26th day of October, 1994. .,, DANNY L KOLHAGE Clerk of the Circuit Court and bZ: Z d I c 130 County Clerk of the Board 'fit County Commissioners of (S .) Monroe County, Florida 2671 Commissioner Mary Kay Reich ORDINANCE NO. -1994 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (II)LE SPEED/NO WAKE ZONE)FOR THE NEAR SHORE WATERS ADJACENT TO POPULATED AREAS ON TAVERNIER CREEK, PLANTATION KEY/KEY LARGO; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HARIVIIESS FROM ANY. LIABILITY INCURRED FROM THE NEGUGENT POSTING OF BOATING RESTRICTED MARKERS; PROVIDING FOR PENALTIES FOR VIOLATIONS;--PROVIDING FOR EXT.MPITONS; PROVIDING FOR SEVERABIIIIY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. n WHEREAS, the area of navigable waters of Tavernier Creek, as described in Exhibit A, is a common route for numerous boaters, creating a dangerous situation where boats move at higher speeds;and WHEREAS, in order top protect the c haft and safety, the Board i of County Commissioners of Monroe County has determined that it is necessary to create a boating restricted area (idle speed/no wake zone) in the area described in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section I., Definitions . a) "Idle speed/no wake" means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway. 1 2672 1 b) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1(b), Fla. Const. (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Idle Sneed/No Wake Boating Restricted Area Established. No person shall operate a vessel in the Idle Speed/No Wake boating restricted area at a speed in excess of idle speed no wake. The boating restricted area is hereby established to be all waters within the area described in Exhibit A. A map reflecting the boundaries of the boating restricted area shall be available at the Monroe County Department of Marine Resources. Section 3. Idle Saeed/No Wake Markers. The Idle Speed/No Wake boating restricted area described in Exhibit A shall be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations. Section 4. Hold Harmless Agreement Authorized. i As a condition for the issuance of a permit from the Division of Law Enforcement of the Department of Environmental Protection (hereinafter "Department") for the Idle Speed/No Wake boating restricted area described in Exhibit A, the County hereby consents and agrees to hold the Department a _ harmless from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance or operation of the Department- approved markers. The Mayor is authorized to sign and execute an agreement to that effect with the Department if required by the Department's rules or procedures. i Section S. Penalties. 2 2673 a) Any person cited for a violation of this ordinance shall be deemed charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. Citations shall be issued pursuant to Sec. 327.74, Fla. Stat. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is S35, except as otherwise provided in this section. b) Any person cited for an infraction under this section may: 1) Post a bond, which shall be equal in amount to the applicable civil penalty, or 2) Sign and accept a citation indicating a promise to appear. ' The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty. 4 c) Any person who willfully refuses to post a bond or accept and ik si n a summons is guilty of a misdemeanor of the second d r i 8 S ty ems• �r d) Any person charged with a noncriminal infraction under this i section may: j 1) Pay the civil penalty, either by mail or in person within 10 days of the date of receiving the citation, or 2) If he has posted bond, forfeit bond by not appearing at the designated time and location: ff If the person cited follows either of the above procedures, he shall be deemed to have admitted the infraction and to have waived his right to a '` r hearing on the issue of commission of the infraction. Such admission shallA' not be used as evidence in any other proceedings. e) Any person electing to appear before the county court or who is ; r required to appear shall be deemed to have waived the limitations on the civil 3 2674 penalty specified in subsection (a). The county court, aver a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county court may impose a civil penalty not to exceed $500. f) At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonable doubt. g) If a person is found by the county court to have committed an infraction, he may appeal that finding to the circuit court. Section 6. Exemption. This ordinance shall not apply in the case of an emergency or to a patrol or rescue craft. Section 7. 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 8. All ordinances or parts of ordinances in conflict with this 1 Ordinance are hereby repealed to the extent of said conflict. Section 9. The provisions of this Ordinance shall be included and 4 incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 10. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Idle Speed/No Wake boating restricted area is approved by the necessary state and federal agencies. y 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 , A.D., 1994. 4 2675 -1 Mayor London Mayor Pro Tom Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Danny L. Kolhage OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman EFFECTIVE DATE 1 i itn 7AS TOF." �y t i t i S I 2676 t_. i , L • k Q `l �MARKER ZONE AR mass NO WAKE ZONE BOUNDARY Exhibk A Tavomior Crook Plantation Key i 2677 � CV1 [r , CL O\ _ N _ w xM1 Commissioner Mary Kay Reich ORDINANCE NO.019-1995 AN ORDINANCE AMENDING ORDINANCE 029-1994 CHANGING THE BOATING RESTRICTED AREA FOR THE NEAR SHORE WATERS ADJACENT TO POPULATED AREAS ON TAVERNIER CREEK, PLANTATION KEY/KEY LARGO, FROM AN IDLE SPEED/NO WAKE ZONE TO A SLOW SPEED/MINIMUM WAKE ZONE; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the area of navigable waters of Tavernier Creek, as described in Exhibit A, is a common route for numerous boaters, creating a dangerous situation where boats move at higher speeds; and WHEREAS, in order to protect the public health and safety, the Board of County Commissioners of Monroe County has determined that it is necessary to change the existing boating restricted area from an idle speed/no wake zone to a slow speed/minimum wake zone in the area described in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Definitions . a) "Slow speed/minimum wake" means that a vessel must be fully off plane and completely settled into the water. It must not proceed at a 1 2678 speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel that is: 1) operating on a plane is not proceeding at slow speed/minimum wake; 2) in the process of coming off plane and settling into the water or coming up onto plane is not proceeding at slow speed/minimum wake; 3) operating at a speed that creates a wake which unreasonable or unnecessarily endangers other vessels is not proceeding at slow speed/minimum wake; 4) completely off plane and which has fully settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed/minimum wake. b) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1(b), Fla. Const. (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Slow peed/Minimum Wake Boating Restricted Area Established. No person shall operate a vessel in the Slow Speed/Minimum Wake boating restricted area at a speed in excess of slow speed minimum wake. The boating restricted area is hereby established to be all waters within the area described in Exhibit A. A map reflecting the boundaries of the boating restricted area shall be available at the Monroe County Department of Marine Resources. 2 2679 Section 3. Slow Speed/Minimum Wake Markers. The Slow Speed/Minimum Wake boating restricted area described in Exhibit A shall be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations. Section 4. 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 5. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 6. 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 to conform to the uniform numbering system of the Code. Section 7. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Slow Speed/Minimum Wake boating restricted area is approved by the necessary state and federal agencies. 3 2680 This ordinance establishing a slow speed/minimum wake zone at Tavernier Creek was PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of June , A.D., 1995. Mayor Freeman yes Mayor Pro Tem London yes Commissioner Harvey yes Commissioner Douglass yes Commissioner Reich yes (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Danny L. Kolhage OF MONROE COUNTY, FLORIDA B O� y By Deputy Clerk Mayor/Cha man EFFECTIVE DATE APP E S FORM AND SU /ENCY BY Offle e 4 2681 Exhibit A d✓ `� 6 5 '�.. e r 4 7 6 1 j••O f R rky 8 7 5`.. 0 �t • 0 5 R .• 74 .E - s 4 a hI 6 .74A' ' —. Zl- 7\ 7 Sub 5 - 6'te" + \ Ca 5 75" 73A" Cgs m?e PA �c PA*6 7 � 7 so 6 € 3 6 ape 4 * •+ Crs 6 PA"M —/ v ti L 6 So Cut 7 S�f)v'e MkrS a R py. Sjsi 6 S �6" 7 e- 7 3 3 5 `• 7 7 R"r4"o f��>j 5 fr I °...:' 5 5 i o cP 6 1 %,.. 6 2 t 4 6 5�O"ia 9 ��. R 2 ``''• 1 °°,s C ''68" 5 6 O L '�„ 7 i 2 / Gr, R \ 6 G, 5 Grd 4 s ~yam 3 2 1 5 My {�Q 2 5 "69•. 2 rky —a 4 G 67 ou 2 5 5 R 3 2 Suu... vy, 5 0 6 M �6ft 5 764A" R %eL.: R 0 6 °2i GS64. =62 Mangrove R T r ' h a 4 R 6 On Key ' "2"- 6 6 6 6 4 6 —�� 5 Hbr 6 Ham 10 4 P FIXED®RIDGE \— p�/— R 1 2 R M... 5 *I ' •''�'�i� HOR CL 60 FT G ��g 4 I "4"�G 4 2 p" 3 1 ��, ERT CL 15 PT �-�- 4 2" 5 3 2 ^•.. �� Bridge under 4 4 "3„ o "11 i►6��Avis �3 construction s I 5 4 "9'/ R"10' I a Tip�' 4Fotrl 3 h so 2 G 5" 6 �'P > %Si3t1 "1+w..r.ru,i j Plpnte( 10 R 4 "G p, a 2 oZ 2 Tavernier Hbr2 3 s C I I PA "+�PA �srlpre 4 -• ��0� 4 3 �R.cwG4 7 •� C� Lp 5 '2 5 5 PA I I FI 6s 16ft I 56 "6'PAS 5M :'•Obstn PA 2 4 5 FI G 6s 12ft 4M "1" PA 4 2. ,Q a, I I (rep clear 3 tt) 2 Pfty PA� 3 14 14 10 1 1 h �" 7 7p QQ 4 3 _» I 12 +�•..,, N., 5 7 13 I I 2 3 ` '�...., .10 3 6 8 16 14 1 6 7 5 1 6 4 rky 4 8 14 II 5 „y 5 17 h I I 8 9 1 '`�o� M9 9 _ 5 19 14 9 7 2 %.. 2 °Subm boiler 9 r rky ': ' 8 17 10 13 11 11 I 10 rky 7 ��''•.. � Pile 10 14 15 17 11 I 3 2 ❑"3" 11 13 ' 9 � PA II II 13 II 9 10 13,I 15 �18�n 17 17 13 9 90 13 �. 13 2 17 16 14 12'T 14 FIR4s16?t3M"2" 12 1� i. so Tavernier Creek Slow Speed Minimum Wake Zone - 2682 `CouN rr c ........... J~CUip`�CG'A u: ,a cou" .f. Mannp 3L. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305)852-7145 TEL. (305) 292-3550 June 29, 1995 CERTEFIED MAII. RETURN RECEIPT REQUESTED Mrs. Liz Cloud Florida Department of State Bureau of Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Monroe County Ordinance No. 019-1995, amending Ordinance 029-1994 changing the Boating Restricted Area for the near shore waters adjacent to populated areas on Tavernier Creek,Plantation Key/Key Largo,from an Idle Speed/No Wake Zone to a Slow Speed/Minimum Wake Zone; providing for severability; providing for repeal of all ordinances inconsistent herewith;providing for inclusion into the Monroe County Code; and providing for an effective date. 2683 Mrs. Liz Cloud June 29, 1995 Page 2 This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on July 21, 1995. Please file for record. Sincerely, Danny L.Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen J Depu Clerl cc: Municipal Code Corporation County Attorney County Administrator Commissioner Mary Kay Reich Growth Management Director Marine Resources Director File 2684 .� D%VF FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee,Florida 32399-0250 (904)488-8427 July 5, 1995 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 .66 , Florida Statutes, this will acknowledge your letters dated June 29, 1995 and certified copy each of Monroe County Ordinance Nos. 95-19 and 95-20 , which were filed in this office on July 5, 1995 . At your request, we are returning to you unfiled Ordinance No. 95-18 . Sinc rely, utx-�'- Liz Clou Chief Bureau of Administrative Code LC/mw Enclosure 2685 t ---- JUL 13-95 �E-L 224 m. D^rs �ou' Ustico nf d|y oY/ida\s need Ms. Ruth Ann Joonoo Monroe Count;, PU Box 1980 Koy Wet, R 3350 ' �-30 �C2-0P[ /UoUonall ` [0 I" *in | 2686 -----------------^-------- ----- ' ;ZejSERVING THE UPPER KEYS DAGNY WOLFF FOR OVER 20 YEARS Editor&Pabirher BOX 1197 • TA V E R N I E R, F LA.WWI) (305) 852-3216 FAX 852-8249 STATEMENT OF PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County,Florida: that the attached copy of advertisement,being a LEGAL ADVERTISEMENT IN THE MATTER OF NOTICE OF INTENTION_ IN THE Court,was published in said newspaper in the issues of_ 6/1 and 6/8/95. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,Florida,each week(on Thursday),and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SE `j SWORN TO ALM SUBSC. Ll BEFORE ME THIS __8TH_ DAY OFor_ __TUNE_A.D.,1995__ W—v W 9 NOTARY PUBLIC ° Lt- * Expires Feb.06,IM MY COMMISSION. S: `?sided by ANB 4�'�PtlO 300-852-5878 2687 ![TOl7 ADOMON OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,June 21, 1995,at 10,00 A.M.at the Xk9 L-90 Library, Tradeainds Shopping Center, Key Largo, MonroeCounty' Florida,the Band of County Connmssioncts of Monroe County,Florida ;mends-to consider the adoption of the following County otdimmce: ORDINANCE NO. 1995 AN ORDINANCE AMENDING ORDINANCE NO. 029-1994 t CHANGING THE BOATING RESTRICTED AREA FOR THE NEAR SHORE WATERS'ADJACENT TO POPULATED AREAS M AN TA'VERNIER CREEK'pLANTATION KEYIKEY �M IDLE SPEEDING WAKE:`DONE TO,A SLOW SPEED/MIM S;PROVIDING FOR WAKE ZONE;PROVIDINGFORT� OaORDINANCES SEVERABII.ITy;PROVIDINGFORREPEAL RATION INCONSISTENT HEREW ITH' FOR AN OV(DING FOR INCORPO INTO THE MONROE COUNTY,CODE;AND PROVIDING EFFECTIVE DATE. pursuant to section 236.0105,Florida Statutes,notion's given". to any n decided to appeal any decision a de by the Board withreapect if a at such hearings or meetings,be will need a ovate[considered of the proceedings,ings'and that,for such purpose,he Boy need 1Q retard of the proceedings is made,which record emmethat a ve[badm. andevidena��chtheappeal►sabebased. includes ihctestimony ordinance are avaibible for revieW Copies of thin above-referenced County,Florida. at the various public libraries in Monroe of May,1995. DATED at Key West,Florida,this 25th day DANNY L.KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of CountyCOmmissioners of M.M.County,Florida published..6/1 and 6/8/95 The Reporter Tavernier,FL 33070 2688 C)' IC f '` KEOVEST.......... EN -./I' z Published Daily Key..West, Ytorroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE: Before the undersigned authority personally appeared Randy Erickson, vrho on oath says that he is Advertising Manager of The Key West Citizen; a daily newspaper published at Key West in Monroe County, Florida; that the attached-copy of the advertisement, being a legal notice in the matter of t)U La-c C) CC)V--\L in the r,\ 0- court, \eras published in said newspaper in -he issues of Gl Athan, further says that the said ► he Key West Citizen-is a newspaper published at Key West, in said Monroe County, Florida; and that the said-nevrspaper has heretofore been continuously published in said Monroe County, Florida, each day(except Saturdays and specific^d holidays) and has been entered as second-ciass mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and afflant further says that he has neitherpaid norpromised any person, firm orcorporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. oq � I® 6 .j (Signature of Affiant) Svrorn to and subscribed before me this ay of , 199`5 F:f;Sr naru a" Notary Public) SEAL my r, Banda*r .S h ' Expires: Notary Public) Personally Kra vrn 'V-- or Produced Identification Type of Identification Produced 2689 NOTICE OF INTENTION TO C,ON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREOY .GIVEN TO WHOM 1T`MAY CONCERN that on Wed nesday;'JUh'6'21, 1995-at 10:00a,m. at the-Key Largo Library; Tradwinds Shopping Center, Key Largo, Monroe County, Florida the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the follow- ing County ordinance: ORDINANCE-1995 AN ORDINANCE AMENDING ORDI- NANCE NO.029-1994 CHANGING THE BOATING RESTRICTED AREA FOR THE NEAR SHORE WATERS ADJACENT TO POPULATED AR- EAS ON TAVERNIER CREEK, PLANTATION KEY/KEY LARGO„ FROM AN IDLE SPEED/NO WAKE ZONE TO A SLOW SPEED/MINI- MUM WAKE ZONE;PROVIDING FOR DEFINITIONS PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDI- NANCES INCONSISTENT HERE- WITH;PROVIDING FOR INCLU- SION INTO THE MONROE COUNTY CODE;AND PROVIDING.FOR AN EFFECTIVE DATE. Pursuant to section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any deck sion 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 hey may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon with the appeal is to be based. Copies of the above-referenced ordi-' nance are available for review at the various public libraries in Monroe County,Florida. Dated at Key West, Florida,this 25th day of May,1995. DANNY L.KOLHAGE Clerk of the Circuit Court and ex off icio Clerk of the Board of County Commissioners of Monroe County,Florida May 28th&June 4th, 1995 2690 PROOF OF PUBLICATION i THE FLORMA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared_Tom ScjhjLm._A gX________who on oath, says that he/she is —_—__---- Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, beingNotice of Intention to Consider Adoption of County Ordinance IN THE MATTER OF: Ordinance Amending No 029-19g4 ____, in the Court was published in said newspaper in the issues of May 31, June 7 1995 ------ ------------------------------ no.20739W p - NTENTION Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper � OF IR,o at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- OF COUNTYORDINANCE NOTICE IB HEREBY GIVEN TO a er has heretofore been continuous) published In said MONROE COUN• an We ne MAY CONCERN that P P Y P on Wednesday,June 21, 1896, at to.•o wvinds SShopopP•► � ftL CCen- w TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been Trra�� «V entered as second class mail matter at the post office in MARATHON, in �,,, -oflGonro.ca,R said MONROE COUNTY, FLORIDA, for a period of one year next preceding g:untyp��tinta,d.�fokvAng co ordinance: the first publication of the attached copy of advertisement; and affiant fur- ORDINANCE NO. -1996 ther says that he has neither aid nor promised an erson, firm, or cor o- AN ORDINANCE AMENDING Y P P Y P P ORDINANCE NO. 029-19" CHANGING THE BOATING RE- ration any discount, rebate, Commission or refund for the purpose of secur- STRICTEO AREA FOR"*NEAR SHORE WATERS ADJACENT TO POPULATED qp EIS ON TAV- ing this advertisement for publication in the said newspaper.(SEAL) ERNIER CREEK PLANTATION _ KEY A/ LARft FROM AN IDLE SPEED/NO WAKE ZONE TO A-SLOW SPEED MINMAUM WAKE ZONE; DEFINITIONS• PROVIDING FOR FOR REPEAL OF ALL OURDI- NANCES INCONSISTENT HERE- WITH•PROVIOtNQ FOR INCOR- �� lyllp ' �' 1STER PORAYIOfL fNTO THE MONROE ----_____ -------------- — COUNTY CODE-AND PROVID- q,OE PS0 My Comm Exp. I/03/99 ING FOR 4FEFF`ECi1VE DATE. e OII�By SAWN hS pursuant at Section P is III05, -- at tFs+w Floridalo►ide Steanee,nMioe h Oivwt w that if a pwson eooeel (seal) "WX No.cmms anv dedebwbVward with respect to any matar con- need as raMcord~Of thep►oo and that, for such purpcee, may need to ensure that aof varba SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th made,which h are mach record ktehidse the testimony and evids�we upon which the and is to bs bsesd ass of the abaw-referenced (1 ) i j�� r ordinance we available for review at the DAY OF June--- _ A.D. 19 95 ! 1 MonnrosCoO11«,natv.F°� arias In Florida. -- _ _ } : ti D nPd°ay°t' n°Xav�v 1 s6!Orid°,this DANNY L.KOLHAGE r• 7 Clerk of the Circuit Court NW sndaX o(ficio clerk of, Board of County Commissioners ---- _�_ of Monroe County,Florida Publish:May 31,June 7,1995 0 03 i i Florida Keys Keynoter 1 i 2691 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, June 21, 1995, at 10:00 a.m. at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1995 AN ORDINANCE AMENDING ORDINANCE NO. 029-19CA CHANGING THE BOATING RESTRICTED AREA FOR THE NEAP_ `' a SHORE WATERS ADJACENT TO POPULATED AREAS ON . TAVERNIER CREEK, PLANTATION KEY/KEY LARGO, FROM AN U s IDLE SPEED/NO WAKE ZONE TO A SLOW SPEED/MINIMAI_y WAKE ZONE; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES a INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING FOR 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. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 25th day of May, 1995. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) 2692 Commissioner Mary Kay Reich ORDINANCE NO. -1995 AN ORDINANCE AMENDING ORDINANCE 029-1994 CHANGING THE BOATING RESTRICTED AREA FOR THE NEAR SHORE WATERS ADJACENT TO POPULATED AREAS ON TAVERNIER CREEK, PLANTATION KEY/KEY LARGO, FROM AN IDLE SPEED/NO WAKE ZONE TO A SLOW SPEED/MINIMUM WAKE ZONE; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. t WHEREAS, the area of navigable waters of Tavernier Creek, as described in Exhibit A, is a common route for numerous boaters, creating a dangerous situation where boats move at higher speeds; and WHEREAS, in order to protect the public health and safety, the Board of County Commissioners of Monroe County has determined that it is necessary to change the existing boating restricted area from an idle speed/no wake zone to a slow speed/minimum wake zone in the area described in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Definitions . a) "Slow speed/minimum wake" means that a vessel must be fully off plane and completely settled into the water. It must not proceed at a 1 2693 speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel that is: 1) operating on a plane is not proceeding at slow speed/minimum wake; 2) in the process of coming off plane and settling into the water or coming up onto plane is not proceeding at slow speed/minimum wake; 3) operating at a speed that creates a wake which unreasonable or unnecessarily endangers other vessels is not proceeding at slow speed/minimum wake; 4) completely off plane and which has fully settled into the water and is proceeding without wake or -with minimum wake is proceeding at slow speed/minimum wake. b) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1(b), Fla. Const. (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Slow Speed/Minimum Wake Boating Restricted Area Established. No person shall_operate a vessel in the Slow Speed/Minimum Wake boating restricted area at a speed in excess of slow speed minimum wake. The boating restricted area is hereby established to be all waters within the area described in Exhibit A. A map reflecting the boundaries of the boating restricted area shall be available at the Monroe County Department of Marine Resources. 2 2694 Sections Slow peed/Minimum Wake Markers. The Slow Speed/Minimum Wake boating restricted area described in Exhibit A shall be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations. Section 4. 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 5. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 6. 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 to conform to the uniform numbering system of the Code. Section 7. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Slow Speed/Minimum Wake boating restricted area is approved by the necessary state and federal agencies. 3 2695 This ordinance establishing a slow speed/minimum wake zone at Tavernier Creek was 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 , A.D., 1994. Mayor Freeman Mayor Pro Tem London Commissioner Harvey Commissioner Douglass Commissioner Reich (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Danny L. Kolhage OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman EFFECTIVE DATE APP S FORM AN SU lENCY by Ounce 4 2696 Exhibit A 7 E, 7 z ` ' 'max 7 7 4 \%% .> 4 5 3 '7 •'y ••••ti..r•' f•'' �f1 �. 6 5 1 '.O A ` R 4 7 r k y 7 7 5 43:r`,R •"74" 6 7 8 5 , oQ 5 5 4 Suom o;r 6?A 7 co �M75" �n73A" G'y ePA �GJ,17• �6 7 so 6 �i 3 6 D�OP 4 •J Grs 6 s t6 7 PA -'ci vs ti 6 y �S o �. o G :•. Cur 1 ; M�sR 3s 6 3 5 st 7 7 q'1q• r��0� ° 5 {t ft 1 .... 5 p, Ash ti 2 4 5�o� y o� R 6 I •;i 1 3 6 2 / 1 aoCs 6 .yG, \\5-68" R 5 6 4� 2 4 •s=~\ti 11 2 � I 7 M9 -+ G5 .G J k1 6 5 Grd ; \ 3 5 ��a 2 4 2G 6"\ �\ —4 2 M9 i ou 2 si.c,5 , a R 3 2 S 5 ."64 A' e 0 6 M 6�r v \6R o u R 4' •62' ° Mangrove 6 �S•. \ A A � R Tr I . 4 R - �� 6 on Key "2 6 6 �\ Jn�ty Nbr 6 6 ,./� Hz:— 5 5 /\/•I 1` FIXED BRIDGE GO�i� R 1 2 R 4 5 *1 •'a• V HOR CL 60 FT 3 G I "4" G 4 2 2"2" ERT CL 15 cT '.. ".� 4 6dd 5 3 3 J ti BriCpe under 4 4 •3" C 2 b fii S 3' can:a1,ct� 5 4 .y./ R•10^ 1 i�TRo�l.3 2 G 1 •7'/. 5 r 7 so 5.■tiR 8, �� I V I 'fBMQTt �1�\ 2 1 3•.//Re k i Planter 9 7 I �a. 1.112 our 4 2 G r ,C",• Tavernier Hbr f PA ^Y PA is,,no(3 T�� 2 r<O 4 R.a. I 4 .3 �RG I I 7 .80 G, "4~ ly- 5 •2•h•5•PA I I FI 6s 16ft 50 •6•PAS 5M Obstn PA 2 4 5 FIG 65 12ft 4M "1" PA 14 11 " (rep clear 3 tt) 2 � Pnv 7 PAD Q 3 14 10 I 1 1 h .4. 7 4 3 .. 12 13 11 2 •�'�. •`''• 3 6 5 3 E .� 7 8 \ 16 10 `•.� I 6 4 rky 4 8 14 1 14 II 5 5 17 14 11 9 P✓rj Mg 7 19 9 \ rky 17 13 1 I 1 1 10 f '•,.` •, I 8 10 1 I 2 ❑"3" �_•15 ✓ 13 9 3 PA 11 It ✓ ✓✓✓✓18 ✓ 13 II 9 10 13 13 15 17 13 = � 2 I4 3 16 14 12 , FIR 4- rV„L, 12 s: Tavernier Creek Slow Speed Minimum Wake Zone — 0 2697 r r, IsCamorada, Tiffiage of Islands r 1 January 4, 2024 Brittany Burtner Sr. Administrator, Marine Resources Office Monroe County Planning & Environmental Resources 2798 Overseas Highway, Suite 400, Marathon, Florida 33050 RE: Extension of Tavernier Creek Slow Speed Zone Dear Ms. Burtner; Islamorada, Village of Islands (the "Village"),Nearshore Water Citizen's Advisory Committee (the "Committee")has been discussing the idea of an extension of the Tavernier Creek slow speed zone. The Committee has significant concerns regarding boater safety in the portion of Tavernier Creek on the bayside that is not included within the current slow speed zone. This is due to the curves within this part of the Creek and the high rate of speed that this area is travelled. There have been numerous boating accidents in this location. This situation has been made aware to the Islamorada Village Council (the "Council"). At the December 12, 2023,Village Council Meeting,the Council directed Village staff to coordinate with the appropriate agency staff at the county, state and federal levels to pursue the extension of the slow speed zone to the mouth of the Creek at Florida Bay. The Village is requesting the assistance of Monroe County with the extension of this zone, due to safety concerns. We understand the zone is a County Ordinance. The Village would work with the County in any way necessary to amend the Ordinance to extend the slow speed zone. If the County is agreeable, please let us know how we could assist. Respectfully, Ma "a"l Bassett Acting Village Manager Islamorada, Village of Islands f 86800 Overseas Highway, Islamorada, FL 33036 Office 305-664-6400 • FAX 305-664-6464 • www.islamorada.fl.us 2698 Islamorada, Village of Islands REGULAR VILLAGE COUNCIL MEETING 77 December 12, 2023 - 5,30 PM o �- Founders Park Community Center . , 87000 Overseas Highway Islamorada, FL 33036 The Village Council has resumed the in-person regular meeting format. Virtual participation is still available to the public. Please see the last page of the agenda for participation details AGENDA I. CALL TO ORDER / ROLL CALL II. PLEDGE OF ALLEGIANCE III. AGENDA: Requests for Deletion / Emergency Additions IV. REPORTS, PRESENTATIONS AND ANNOUNCEMENTS A. Election of Mayor and Vice Mayor TAB 1 B. Wastewater Audit Presentation from Marcum TAB 2 C. Report on Coral Shores High School Baseball Field Upgrades at Founders Park TAB 3 V. PUBLIC COMMENT (This is general public comment. It provides an opportunity for the public to speak about matters not scheduled elsewhere on the agenda. The mayor opens public comment on agenda items throughout the meeting.) VI. CITIZENS, ADVISORY COMMITTEE REPORTS & APPOINTMENTS A. Parks and Recreation Advisory Committee Report - Carolyn Wightman TAB 4 B. Local Planning Agency Report - Deb Gillis TAB 5 VII. MAYOR / COUNCIL COMMUNICATIONS A. Discussion Regarding the Fills (Councilmember Rosenthal) TAB 6 B. Discussion Regarding Request from Near Shore Water Citizen's Advisory Committee Regarding Tavernier Creek Idle Speed Zone (Council Consensus) TAB 7 C. Discussion Regarding Kayaks Launching at Vacant Village-owned Property (Vice Mayor Mahoney) TAB 8 D. Discussion Regarding Timeline for Presentation of Ridesharing Service Advisory Selection Panel's Recommendation to Council (Vice Mayor Mahoney) TAB 9 2699 E. Discussion Regarding New Form 6 Requirements and Related Professional Fees (Councilman Gregg) VIII. VILLAGE ATTORNEY/VILLAGE MANAGER COMMUNICATIONS A. Village Attorney Announcement of Shade Session B. Request for Direction Regarding Reports for Inclusion in the Agenda: After-Action Report, Village Manager Update, Weiss Serota Billing, Financial Reports, and Planned Travel by Council and Staff TAB 10 C. Discussion regarding Establishment of a Marine-Based Emergency Response Program by the Fire Rescue Department D. Discussion Regarding Manager Contract and Negotiations TAB 11 E. Discussion and Direction Regarding Florida Commerce Hurricane Evacuation Baseline Modeling and Prospective Modeling for (Potential) Future BPAS Allocations TAB 12 IX. CONSENT AGENDA (All items on the Consent Agenda are considered routine by the Village Council and will be approved by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event, the item will be moved to the Main Agenda.) A. Approval of Meeting Minutes: TAB 13 November 7, 2023 Regular Village Council Meeting November 9, 2023 Land Use Village Council Meeting (Marne McGrath, Village Clerk) B. Resolution Approving an Interlocal Agreement with the Monroe County Comprehensive Plan Land Authority Regarding the Administration of Land Acquisition Programs TAB 14 (Peter Frezza, Environmental Resources Manager) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, REGARDING THE ADMINISTRATION OF LAND ACQUISITION PROGRAMS; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE C. Resolution Renewing an Agreement with RES Florida Consulting, LLC, for Continued Water Quality and Benthic Vegetation Monitoring in Village Canals TAB 15 (Peter Frezza, Environmental Resources Manager) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING A RENEWAL OF THE AGREEMENT BETWEEN ISLAMORADA, VILLAGE OF ISLANDS AND RES FLORIDA CONSULTING, LLC FOR WATER QUALITY AND BENTHIC VEGETATION MONITORING IN VILLAGE CANALS; AUTHORIZING VILLAGE OFFICIALS TO 2700 IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE RENEWAL; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution Approving Update to Council Procedures TAB 16 (John Quick, Interim Village Attorney) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, UPDATING PROCEDURES FOR THE VILLAGE COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution Approving Purchases from SHI International Corp. for FY 2023-2024 TAB 17 (Vince Tarves, Systems Engineer) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING PURCHASES FROM SHI INTERNATIONAL CORP. (SHI) FOR THE VILLAGE IT & COMMUNICATIONS DEPARTMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE NECESSARY DOCUMENTS; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS; AUTHORIZING WAIVER OF COMPETITIVE BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE F. Resolution Approving an Agreement with United Data Technologies for IT Network Monitoring Services TAB 18 (Ramon Navarro, Network Engineer) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA APPROVING AN AGREEMENT WITH UNITED DATA TECHNOLOGIES FOR INFORMATION TECHNOLOGY (IT) NETWORK MONITORING SERVICES; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE NON-EXCLUSIVE AGREEMENT; AUTHORIZING WAIVER OF COMPETITIVE BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE G. Resolution Approving FY 2022-2023 Year-End Budget Amendment TAB 19 (Maria Bassett, Finance Director) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AMENDING THE VILLAGES ADOPTED BUDGET FOR FISCAL YEAR 2022-2023; AND PROVIDING AN EFFECTIVE DATE X. RESOLUTIONS A. Resolution Approving Agreement with Attention Media, LLC TAB 20 (John Quick, Interim Village Attorney) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING A ONE YEAR AGREEMENT WITH ATTENTION MEDIA, LLC TO PROVIDE A SOCIAL MEDIA AND OUTREACH PROGRAM; AUTHORIZING 2701 VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR A WAIVER OF COMPETITIVE BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE B. Resolution Approving an Interlocal Agreement with the Florida Keys Mosquito Control District (FKMCD) TAB 21 (Terry Abel, Fire Chief) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN ISLAMORADA, VILLAGE OF ISLANDS, AND THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT PURSUANT TO CHAPTER 163, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE C. Resolution Approving Final Ranking and Recommendation of the Auditor Selection Committee TAB 22 (Maria Bassett, Finance Director) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA; APPROVING THE FINAL RANKING AND RECOMMENDATION OF THE AUDIT COMMITTEE FOR THE SELECTION OF THE VILLAGES AUDITOR; AUTHORIZING THE VILLAGE MANAGER AS THE COUNCILS DESIGNEE TO NEGOTIATE A PROFESSIONAL AUDITING SERVICES CONTRACT FOR FUTURE CONSIDERATION OF THE VILLAGE COUNCIL; AND PROVIDING AN EFFECTIVE DATE D. Resolution Approving Settlement Agreement in the Matter of Glynn Heirs v. Islamorada, Village of Islands TAB 23 (John Quick, Interim Village Attorney) A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING THE MEDIATED SETTLEMENT AGREEMENT RELATING TO THE GLYNN PROPERTY DESCRIBED HEREIN; AUTHORIZING VILLAGE OFFICIALS TO EXECUTE, DELIVER AND IMPLEMENT THE TERMS AND CONDITIONS OF THE SETTLEMENT AGREEMENT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE XI. ORDINANCES A. Ordinance Amending the Village Code to Modify the Vessel Exclusion Zone/Swim Area Generally Located off of Port Antigua and White Marlin Beach on Lower Matecumbe Key - First Reading TAB 24 (Peter Frezza, Environmental Resources Manager) AN ORDINANCE OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AMENDING CHAPTER 66 „WATERWAYS", ARTICLE I „ IN GENERAL-, SECTION 66-2 „OPERATION OF VESSELS IN RESTRICTED AREAS" OF THE VILLAGE CODE TO MODIFY THE VESSEL EXCLUSION ZONE/SWIM AREA GENERALY LOCATED OFF OF PORT ANTIGUA AND WHITE MARLIN BEACH ON 2702 LOWER MATECUMBE KEY, AS FURTHER DESCRIBED ON EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE B. Ordinance Relating to Trespass on Public Property - Second Reading TAB 25 (John Quick, Interim Village Attorney) AN ORDINANCE OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AMENDING CHAPTER 50 „STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", ARTICLE I "GENERAL", CREATING SECTION 50-2 TO BE ENTITLED „TRESPASS WARNINGS; AUTHORIZATION TO ISSUE TRESPASS WARNING FOR PUBLIC PROPERTY; AND APPEAL PROCESS" OF THE VILLAGE CODE RELATING TO TRESPASS ON PUBLIC PROPERTY WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE C. Ordinance Calling for a Referendum to Revise Term Limits - on Motion for Reconsideration of vote on first reading TAB 26 (John Quick, Interim Village Attorney) D. Ordinance Calling for a Referendum to Increase Council Compensation - First Reading TAB 27 (John Quick, Interim Village Attorney) AN ORDINANCE OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, PROVIDING FOR AN INCREASE IN COMPENSATION FOR VILLAGE COUNCIL MEMBERS; PROVIDING FOR REFERENDUM TO BE HELD WITH THE REGULAR VILLAGE ELECTION ON NOVEMBER 5, 2024; PROVIDING FOR SUBMISSION TO THE ELECTORS OF A PROPOSED AMENDMENT TO THE VILLAGE CHARTER PERTAINING TO INCREASED COMPENSATION FOR COUNCIL MEMBERS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER/CONFORMITY OF AMENDMENT; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING AN EFECTIVE DATE E. Ordinance Amending Administrative Procedures Platting - First Reading TAB 28 (John Quick, Interim Village Attorney) AN ORDINANCE OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AMENDING CHAPTER 30 „ LAND DEVELOPMENT REGULATIONS", ARTICLE IV "ADMINISTRATIVE PROCEDURES", DIVISION 10 „ PLATTING", SECTION 30-431 OF THE VILLAGE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. F. Ordinance Amending Administrative Procedures Zoning in Progress - First Reading TAB 29 (John Quick, Interim Village Attorney) 2703 AN ORDINANCE OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AMENDING CHAPTER 30 „ LAND DEVELOPMENT REGULATIONS", ARTICLE IV "ADMINISTRATIVE PROCEDURES", DIVISION 2 „ DEVELOPMENT REVIEW PROCESS", SECTION 30-212 OF THE VILLAGE CODE TO CREATE A ZONING IN PROGESS PROVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. XII. MOTIONS A. Approval of 2024 Regular Council Meeting Schedule TAB 30 (Marne McGrath, Village Clerk) MOTION TO ADOPT THE PROPOSED 2024 MEETING CALENDAR AND RESCIND THE 2024 LAND USE COUNCIL MEETING CALENDAR APPROVED ON OCTOBER 10, 2023 XIII. ADJOURNMENT Options for Viewing the Village Council Meeting: The public is encouraged to watch the meeting on Monroe County's MCTV Comcast Channel 77. Alternatively, the public may view the meeting streamed live on the Village website from their personal computer, tablet or phone via the following link: https://www.islamorada.fl.us/departments/communications/live village broadcast meeting.php Option 1: Email your comments. 1. Public comment should be submitted via email to: public.comment@islamorada.fl.us 2. The email should contain "Public Comment" in the subject line. 3. The name and address of the submitter shall be included in the email. 4. Public comment should be submitted by 9 a.m. the day before the meeting. Public comment will be sent to the Village Councilmembers for consideration prior to the meeting. Public comments will not be read during the meeting. Option 2: Call in During the Meeting. 1. If phoning in, dial 305-224-1968 and enter the webinar ID: 911 0656 4166 followed by #. When the Mayor opens public comment pertaining to the agenda item you are interested in dial *9 to be recognized by the Zoom meeting monitor. The Monitor will call you by the last four digits of your phone number. Please be sure to unmute your phone when you are called upon. 2. If watching online via Zoom: Open the Zoom webinar link https://zoom.us/i/91106564166 and follow the prompts to join the webinar. When the Mayor opens public comment use the "raise your hand" feature to be recognized by the meeting monitor. Public comments will be heard in the order in which they are received. 2704 ADA Assistance: These meetings are open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the ADA Coordinator at (305) 664-6448 or by email at A Agislamorada.fl.us at least 48 hours before the scheduled meeting 2705 Council dW A �fl, Communication To: Mayor and Village Council From: Peter Frezza, Environmental Resources Manager Date: December 12, 2023 SUBJECT: Discussion regarding request from Near Shore Water Citizen's Advisory Committee regarding Tavernier Creek Idle Speed Zone (Council consensus) Background: The Village's Nearshore Water Citizen's Advisory Committee (the "Committee") has been discussing the idea of an extension of the Tavernier Creek idle speed zone on the bayside. The Committee has significant concerns regarding boater safety in the portion of Tavernier Creek on the bayside that is not currently included within the idle speed zone. This is due to the curves associated with this part of the Creek and the high rate of speed that it is travelled. Analysis: At the November 7, 2023 Village Council Meeting, the Committee chair respectfully requested that the Village Council direct staff to coordinate with the appropriate agency staff at the County, state and federal levels to provide recommendations for the establishment of an extension of the idle speed zone at Tavernier Creek on the bayside, as indicated on Exhibit "A" Budget Impact: There is no budget impact associated with this Resolution. Staff Impact: The Village's Environmental Resources Manager would lead discussions with pertinent agency representatives on this potential regulatory change. Recommendation: Attachments: 1. 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