Resolution 1996-531
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RESOLUTION NO. 96- 531
A RESOLUTION REQUESTING THAT THE
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, DIVISION OF MARINE
RESOURCES, STATE OF FLORIDA, STUDY AN
AREA WITHIN THE NAVIGABLE WATERWAYS
OF COLLIER COUNTY, FLORIDA, CALLED
HURRICANE PASS, TO DETERMINE WHETHER
AN IDLE SPEED/NO WAKE SPEED RESTRICTED
ZONE IS APPROPRIATE THEREIN TO
RESTRICT VESSEL SPEEDS.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, (hereinafter "Board") adopted Collier County Ordinance No. 79-8, for the
purpose of promoting safety in the operation of vessels on waterways within
Collier County, and to prevent injuries and property damage caused by the
excessive speed and wake of such vessels; and
WHEREAS, said Ordinance provides that the Board may, by Resolution,
adopt at a public hearing upon at least fifteen (15) days notice of such hearing
published in a newspaper of general circulation in Collier County, Florida, a
request that the State Department of Environmental Protection review certain
waterway areas and assess the needs for boating restrictions, including speed
restrictions; and
WHEREAS, several severe boating accidents have resulted in death and
injury in Hurricane Pass; and
WHEREAS, in an effort to prevent any further death and injury caused by
excessive boat speeds, the waterway known as Hurricane Pass and described
herein be considered by the State to determine if establishing an Idle Speed/No
Wake zone therein is warranted and if so, to approve and authorize Collier County
to place such regulatory markers therein; and
WHEREAS, the required advertisement has been accomplished; and
WHEREAS, g327.46, Florida Statutes, provides that, after designation of
proposed areas by the governing body of the County, application be made to the
Department of Environmental Protection for its review of said restricted areas to
comply with promulgated guidelines; and
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WHEREAS, upon the establishment of the restricted areas by the Division
of Marine Resources of the Department of Environmental Protection, Collier
County will accept responsibility for placement and maintenance of regulatory
markers.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
I. Upon a duly advertised public hearing, and having heard all
testimony presented, the Board finds that a designation of Hurricane
Pass as an "Idle Speed/No Wake" area is necessary for the safety and
welfare of the citizens of Collier County and requests that the
Department of Environmental Protection investigate Hurricane Pass
for consideration of designation as an "Idle Speed/No Wake" area.
2. The following described area is recommended for Idle Speed/No
Wake zones within areas of Collier County for the purpose of placing
"IDLE SPEED/NO WAKE" signs on pilings located within the
waterways called Hurricane Pass, described as follows:
Hurricane Pass: All those waters commonly known as Hurricane
Pass, northeast of the gulf of Mexico, between the shores of Cannon
Island and Keewaydin Island (also known as Key Island), south of the
southern end of Little Marco Island within the following boundaries:
The northern boundary is a line at the southernmost point of Little
Marco Island (this area being subject to change with seasonal storms)
at approximately 250 59.9'N, 810 45.ITW, east to Cannon Island
(250 59.9'N, 810 45.08'W), and west to Keewaydin Island (250
59.9'N, 810 45.25'W); the eastern boundary is the western shore of
Cannon Island from its intersection with the northern boundary of
Hurricane Pass south to its intersection with the southern boundary of
Hurricane Pass; the southern boundary is a line extending from the
southernmost point of Keewaydin Island 250 59.78'N, 810 45.ITW)
approximately east-southeast to the nearest shore of Cannon Island
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(250 59.7'N, 810 45.05'W), this area being subject to change with
seasonal storms; and, the western boundary is the eastern shoreline of
Keewaydin Island from its southernmost point (250 59.78'N, 810
45.17'W) northward to its intersection with the northern border of
Hurricane Pass, this area being subject to change with seasonal
storms.
3. If the DEP determines that Hurricane Pass is an area where
designation as an "Idle Speed/No Wake Zone" is appropriate, it is hereby
requested that Subparagraph 62N-22.023(1)(d).I, Florida Administrative Code, be
amended to delete from that subsection the area described . hereinabove as
"Hurricane Pass."
This Resolution adopted after motion, second and majority vote.
DATED:
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.1996.
A'ITEST:
, D'YIGHf..E,:BROCK, CLERK
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{;~y~.,/.'~: ~ /jJI. By: ~ @~
c',/Deputy~ JOHN C. NORRIS, CHAIRMAN
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Approved as to form and
legal sufficiency:
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Th mas C. Palmer
Assistant County Attorney
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