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Resolution 1996-531 12C 1 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 - 12C 1 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 2 12C 1 (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: //~ / .1996. A'ITEST: , D'YIGHf..E,:BROCK, CLERK .,,"';<:.-:. . "" ~ ' ...... ~ {;~y~.,/.'~: ~ /jJI. By: ~ @~ c',/Deputy~ JOHN C. NORRIS, CHAIRMAN , ~.. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /. " " ,", """'" Approved as to form and legal sufficiency: ~""r. ?J Th mas C. Palmer Assistant County Attorney 1.:~_I".J'.. J . _ =- 3