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Item C16 C16 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 March 20, 2024 Agenda Item Number: C 16 2023-2234 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick N/A AGENDA ITEM WORDING: Approval of a Resolution and Corresponding BOCC Letter of Support to be Signed by the Mayor Approving and Supporting Monroe County's application for a Florida Boating Improvement Program(FBIP) grant for the creation of a kayak launch at the end of the County's 2nd Avenue public right of way on the oceanside of Key Largo. ITEM BACKGROUND: The 2nd Avenue public right-of-way on the oceanside of Key Largo constitutes a County public right- of-way that ends at the water. The Key Largo Livable CommuniKeys Plan("LCP"), which is incorporated into the Monroe County Comprehensive Plan, emphasizes the importance of maintaining and enhancing recreational opportunities, ensuring public shoreline access, and protecting existing open-water access points. This site would be an ideal location for a public kayak launch area. Staff is requesting BOCC approval to apply for a Florida Boating Improvement Program(FBIP) grant, approval of a corresponding Resolution, and approval of a BOCC Letter of Support to include with the application to FBIP for grant funding to create a public kayak launch at this location. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: BOCC FBIP Letter.pdf 780 BOCC Resolution (PM Rev.'d and Stamped).pdf FINANCIAL IMPACT: N/A 781 �� BOARD OF COUNTY COMMISSIONERS County of Monroe °l 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 March 20, 2024 Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street, Room 235 Tallahassee, Florida 32399-1600 Dear Florida Boating Improvement Program (FBIP) Committee, On behalf of the Monroe County Board of County Commissioners, I am writing to formally authorize the submission of a grant application for a kayak launch project under the Florida Boating Improvement Program (FBIP). We are excited about the opportunity to enhance our waterway infrastructure and further promote safe and accessible boating experiences for residents and visitors alike. The proposed kayak launch project holds significant value for our community, providing a designated access point that will not only encourage recreational boating but also contribute to environmental awareness and stewardship. Monroe County boasts an abundance of natural beauty, including diverse marine ecosystems, precious few publicly-owned property interests such as this right-of-way ending on a body of open water, and we believe that facilitating access to these resources aligns with the FBIP's mission of promoting responsible boating practices and fostering a deeper appreciation for Florida's waterways. We extend our sincere gratitude to the FBIP for their continued support and commitment to assisting local governments in improving boating facilities and services statewide. Your partnership is instrumental in fulfilling our shared vision of creating safe, enjoyable, and sustainable boating opportunities for all Floridians. In closing, we express our utmost appreciation for considering our grant application and look forward to the possibility of collaborating with the FBIP on this important endeavor. Together, we can make meaningful strides towards enhancing boating infrastructure and preserving the natural splendor of our coastal communities. Thank you once again for your support. Sincerely, Holly Merrill Raschein, Mayor Monroe County Commission, District 5 782 2 P- 4 u i , 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. -2024 10 11 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS APPROVING THE SUBMISSION OF A LETTER OF 13 BOCC SUPPORT FOR AND SUBMISSION OF A GRANT APPLICATION 14 FOR FLORIDA BOATING IMPROVEMENT PROGRAM FUNDING TO 15 FUND IMPROVEMENTS FOR A PUBLIC KAYAK LAUNCH AT AND/OR 16 ON THAT CERTAIN PUBLIC RIGHT-OF-WAY SITUATED ON THE 17 OCEAN-SIDE OF KEY LARGO MORE PARTICULARLY DESCRIBED 18 AS THE SECOND AVENUE PUBLIC RIGHT-OF-WAY, KEY LARGO, 19 MONROE COUNTY, FLORIDA. 20 21 22 WHEREAS,the Board of County Commissioners of Monroe County,Florida(hereinafter 23 "BOCC", "Board", or"Monroe County")is the governing body of Monroe County, Florida; and 24 25 WHEREAS,the State of Florida("State")has, since 1975 and 1979,respectively, deemed 26 the unincorporated Florida Keys area of Monroe County, Florida, a State-designated Area of 27 Critical State Concern; and 28 29 WHEREAS, the Florida Keys Area of Critical State Concern ("ACSC") is the only 30 countywide ACSC in the entire state of Florida; and 31 32 WHEREAS, the waters surrounding the Florida Keys are situated within the boundaries 33 of the Florida Keys National Marine Sanctuary and have, since July 26, 2001, been designated a 34 federal No Discharge Zone by the United States Environmental Protection Agency pursuant to 35 Title 40, Chapter 1, Subchapter D,Part 140, Section 140.4(b)(1)(ii), as may be amended from time 36 to time; and 37 38 WHEREAS, pursuant to Goal Nine of the adopted Key Largo Livable CommuniKeys 39 Master Plan("LCP"),which is incorporated into the adopted Monroe County Comprehensive Plan 40 pursuant to Comprehensive Plan Policy 101.19.2, the Second Avenue public right-of-way located 41 in Key Largo is specifically identified by the Comprehensive Plan as "ending at the shoreline"; 42 and 43 44 WHEREAS, the Comprehensive Plan, pursuant to LCP Strategy 9.1, calls for the 45 "maintenance and enhancement of active and passive recreational opportunities and for 46 public shoreline access throughout the Key Largo planning area."; and 1 of 3 783 47 WHEREAS,the Comprehensive Plan,pursuant to LCP Action Item 9.1.3, commands that 48 "[w]ater access shall be preserved and maintained in the public interest. Prohibit the 49 abandonment of roads that end at the shoreline,including those listed in Table [8]."; and 50 51 WHEREAS, the Comprehensive Plan, pursuant to LCP Strategy 9.4, mandates that "all 52 existing public shoreline access points" shall be"[p]rotect[ed] and maintain[ed]"; and 53 54 WHEREAS, the Comprehensive Plan, pursuant to LCP Action Item 9.4.2, provides that 55 "County-owned land with access to the shoreline shall not be abandoned by the County."; 56 and 57 58 WHEREAS, the Comprehensive Plan, pursuant to LCP Action Item 9.4.3, holds that 59 "County-owned public shoreline access points" shall be"[r]eclaim[ed]"; and 60 61 WHEREAS, the Comprehensive Plan, pursuant to LCP Action Item 9.4.4, instructs to 62 "identify and post signage at all public access points whether active or passive sites to identify 63 County ownership and applicable County regulations."; and 64 65 WHEREAS, the Second Avenue public right-of-way situated on the ocean-side of Key 66 Largo constitutes a "dedicated and accepted right-of-way in the County" that"terminates on 67 a body of open water", that "provides access to the public to land on open water", and that 68 constitutes"a way for the public to maintain access to the water", as defined by Monroe County 69 Code of Ordinances Sections 19-1(b)(1)-(3); and 70 71 WHEREAS, scarce public resources such as County public rights of way constitute an 72 important public interest of the Monroe County Board of County Commissioners; and 73 74 WHEREAS, Monroe County has precious few public rights-of-way ending on a body of 75 open water; and 76 77 WHEREAS, the wise stewardship of our environment involves the protection of the 78 marine environment for generations to come; 79 80 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 81 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 82 83 Section 1. Title and Recitals. The foregoing title and recitals are hereby incorporated 84 as if fully stated herein. 85 86 Section 2. Findings of Fact and Conclusions of Law. The findings of fact and 87 conclusions of law set forth above constitute the Board's factual 88 determinations and legal interpretations and are hereby incorporated as if 89 fully stated herein. 90 91 Section 3. The Monroe County Board of County Commissioners approves the 92 submission of the attached letter of strong BOCC support for and the 2 of 3 784 93 submission of an application for Florida Boating Improvement Program 94 ("FBIP") grant funding to fund improvements for a public kayak launch 95 ("kayak launch improvements")at and/or on that certain public right-of-way 96 situated on the ocean-side of Key Largo, more particularly described as the 97 Second Avenue Public Right-of-Way, Key Largo, Monroe County, Florida. 98 99 Section 4. This Resolution shall take effect immediately upon adoption. 100 101 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 102 Florida, at a regular meeting held on the 20th day of March, 2024. 103 104 Mayor Holly Merrill Raschein 105 Mayor Pro Tem James K. Scholl 106 Commissioner Craig Cates 107 Commissioner David Rice 108 Commissioner Michelle Lincoln 109 110 BOARD OF COUNTY COMMISSIONERS OF 111 MONROE COUNTY, FLORIDA 112 113 By: 114 Mayor Holly Merrill Raschein 115 (SEAL) 116 117 118 ATTEST: KEVIN MADOK, CLERK MONAOF COUNTY ATTOANEY 119 E Ta 120 By: Date; 121 AS DEPUTY CLERK 122 3 of 3 785