Item N1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15, 2013 Division: Public Works/Engineering
Bulk Item: Yes _ No X Department: Engineering Services Department
Staff Contact Person/Phone #: Judv Clarke X4329
AGENDA ITEM WORDING: Appeal by the Duck Key Property Owners Association (DKPOA) of
denial of a right of way permit to landscape on county rights -of -way near various wastewater lift
stations.
ITEM BACKGROUND: DKPOA contracted with a landscaping contractor to install landscaping
around the wastewater lift stations that have been constructed in Duck Key. Section 19-33 of the
Monroe County Code prohibits landscaping and placement of boulders on the county public right-of-
way. The Association is appealing the denial as allowed by Monroe County Code Section 19-46.
Appeals.
PREVIOUS RELEVANT BOCC ACTION: n/a.
CONTRACT/AGREEMENT CHANGES: n/a.
STAFF RECOMMENDATIONS:
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $0 SOURCE OF FUNDS: FDOT
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
Engineering Department
MEMORANDUM
To: Board of County Commissioners
From: Judy Clarke
Date: May 6, 2013
Re: Duck Key Property Owners Association (DKPOA) Appeal of After the Fact Right
of Way Permit Denial
This item is an appeal of Engineering staff's denial of an after the fact right of way permit
application to install landscaping around the wastewater lift stations on the County rights of way
in Duck Key. Staff denied the permit request because Section 19-33 of the Monroe County Code
prohibits landscaping on the County right of way.
The Monroe County Engineering Inspector observed the landscaping around seven lift stations
that were recently constructed as part of the Duck Key sewer system. The DKPOA
representative indicated that they had spoken with Florida Keys Aqueduct Authority staff to
confirm that vegetation would not hinder maintenance operations but that they did not contact
the County regarding a permit.
Monroe County code has prohibited landscaping on county rights of way since August 2010.
Prior to this time limited landscaping was permitted but it was determined that over time some
homeowners neglected to maintain and trim landscaping, which could potentially create hazards
on county roads. In addition, in some areas landscaping prevented use of the right of way for its
primary functions of providing off street parking, off street walking areas, and drainage.
Several pictures of the landscaping are attached. The DKPOA has provided a statement from
Second Nature of the Keys, Inc. who will provide landscape maintenance services; the statement
is also attached.
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D.K.P.D.A Lift Station Landscape Maintenance:
Second Nature of the Keys, Inc. will provide one year of landscape
maintenance for all lift stations on Duck Key. Said maintenance will consist
of; weed whacking and edging the perimeter of each lift station, policing the
area for trash, removal and proper disposal of any and all fallen branches,
leaves, or tree debris. In addition, all shrubs will be trimmed as needed to
maintain a clean and tidy appearance. This service will be done twice a
month until the end of the annual contract.
*Attached, please find a list of the locations of all aforementioned lift stations.