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Item C APR-04-00 10,30 FROM,MONROE COUNTY ATTV OFFICE 10,3052923516 PAGE 2/4 BOARD OF COUNTY COMMISSIONERS A6ENDA rTEM SUMMARY Meeting Date: April 5,2000 AEVX$ED Division: County Attorney AGENDA ITEM WORDING: A RESOLUTION APPROVING THE RESOLUTIONS OF OCEAN REEF CLUB. AND OCEAN REEF COMMUNI1Y ASSOCIATION, CONCERNING THE DESlRUCTION OF MANGROVES ADJACENT TO THE CORAL LANE PROJECT, AND DIRECTING THAT ACTION BE TAKEN CONSISTENT WITH THOSE RESOLUTIONS. ITEM BACKGROUND: PREVIOUS RELEVANT BOce ACTION: STAFFREOOMMENDATION: Approval TOTAL COST: BUDGETED: Ycs_ No_ APPROVED BY: County Attorney X OMB/Purchasing Risk Manogetnen DIVISION DIRECTOR~~ DOCUMENTATION: Included To Follow Not required A6eNDA ITEM C - APR-04-00 10,31 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516 PACE 3/4 Board of County Commissioners RESOLUTION NO. -2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE RESOLUnONS OF OCI:AN REEF CLUB AND OCEAN REEF COMMUNITY ASSOCIAnON, AND DIRECTING THAT ACTION BE TAKEN CONSISTENT WITH THOSE RESOLUTIONS WHEREAS, the destruction of approximately three aCrE"lS of mangroves in North Key Largo near Pennekamp State Park and adjacent to a residential construction project at 177 Coral Lane in Ocean Reef Community has caused severe long-term environmental damage to valuable natural resources and particularly to wetland resources highly valued by residents and property owners of Ocean Reef; and WHEREAS, the Ocean Reef Community has, Since its acquisition by resident owners in 1993, worked diligently to preserve, protect and enhance the natural resources and habitat values of not only its own property, but North Key Largo and the South Florida ecosystem as well; and WHEREAS, the Board of Directors of both Ocean Ret!f Club and Ocean Reef Community Association, Inc. have unanimously adopted Resolutions condemning the unauthorized destruction of mangroves adjacent to the Coral Lane project, urging prompt investigation and vigorous prosecution of those responsible for that offense, and committing to the strongest sanctions against any member of the Community or any third party who is found to be responsible for that offense; now; therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: ~~K-~~-~~ l~'~J ~KUM'MUNKU~ ~UUNTY ATTY OFFICE 10,3052923516 PACE 4/4 Section 1. The BOCC approves the above-referenced Resolutions, which are consistent with the demonstrated environmental commitment and responSibility of the Ocean Reef Community under the direction of its resident owners. Section 2. The Sheriff of Monroe County is requested, in coordination with the State of Florida DEP, to investigate and initiate appropriate prosecution of this offense, and to provide to Ocean Reef Club for use in Club and Association diSCiplinary procedures such information as may be obtained in the course of that investigation, consistent with Florida law. Section 3. Monroe County Growth Management Division is directed to assist DEP in restoration and mitigation planning, and shall promptly take such action as may be appropriate to suspend the building permit of any violator, pending implementation of such plan of restoration and/or mitigation as may be ordered, in conformity with due process of law. PASSED AND ADOpTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 5th day of April, 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent CommiSSioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTv' COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson jdresORC 4 -., 1. The SOCC approves the above-referenced Resolutions, which are cbnsistent with the demonstrated environmental commitment and responSibility of the Ocean Reef Community under the direction of its resident Owners. Section 2. The Sheriff of Monroe County is requested, in coordination with the State of Florida DEP, to investigate and initiate appropriate prosecution of this offense, and to provide to Ocean Reef Club for use in Club and Association disciplinary procedures such information as may be obtained in the course of that investigation, consistent with Monroe County Growth Management Oivision is directed to assist OEP in restoration and mitigation planning, and shall promptly take such action as may be appropriate to suspend the building permit of any violator, pending implementation of such plan of restoration and/or mitigation as may be ordered, in conformity with due process of law. PASSED AND AOO~ED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 5th day of April, 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent CommiSSioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L.KOlHAGE, Clerk BOARD OF COUNTy' COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson jdresORC ~ &K"c ~r .(( '~.r ,;fit. 1 ,ttf (1') rfJl1ln#r.~",.ft ..,'~ ~ ,,'1- J.,u, 1II1Ab1~ IAltJu/II/ ~ th If?, 4J ., ,(TII!-J. " I~ ~~~. iIf# ~ J{, ~f( .. r~ ,u~~~ ,~ "1 ,..", ~ ~ "'~ .Jtr ~~ I'~~ ~J4 4/~~;" ~ ~~ 1 "" ~ ~ I~ prpdrAiy. OCEAN REEF CLUB 1D:305-367-2333 APR 04'00 14:49 No.028 P.02 JOINT RESOWTION OF THE BOARDS OF DIRECTORS OF OCEAN REEF CWB, 1Ne. AND OCEAN REEF COMMUNITY ASSOCIATION, 1Ne. ADOPrED ON APRIL 3, 2000. WHEREAS, the destruction of approximately three acres of mangroves within North Key Largo, Florida adjacent to a residential construction project at 177 Coral Lane in the Omln Reef community has caused severe long~term environmental damage to valuable natural resources and particularly to the wetland resources highly valued by residents and property owners of the Ocean Reef community; and , WHEREAS, the Ocean Reef community has, since the acquisition of the Ocean Reef Club by its resident owners in 1993, worked diligently to preserve, protect and enhance the natumJ resources and habitat values of not only its own property, but North Key Largo and the South Florida ecosystem as well; and NOW, nlEREFORE, BE IT RF,SOLVm, that the Board of Directors of Ocean Red Club, Inc. and the BoanI of Directors of Ocean Reef Community Association, Inc., each hereby condemn the unauthorized destruction of mangroves adjacent to the residential construction project at 177 Coral Lane in the Ocean Red community, and do each hereby urge prompt investigation and vigorous prosecution of those responsible (or that offense, and do Cunher each h~by commit to cooperate fully with all regulatory authorities in any investigations which may be undertaken by such regulatory authorities, and to enforce the strongest sanctions legally permitted under the governing documents of Ocean Reef Club, Inc. and Ocean Reef Community Association, loe. against any member of the Ocean Red Club. resident of the Ocean Reef community or any other party who is ultimately found to be responsible for this offense. :.....~...);'.j . ;~,. 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