Item C31BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District 1
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: C.31
Agenda Item Summary #3083
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
NA
AGENDA ITEM WORDING: Approval to advertise and hold a public hearing to consider
installation of a gate on Old State Road 939, Lower Sugarloaf to restrict access to state property
within the Florida Keys Wildlife & Environmental Area in accordance with Monroe County Code
Sec. 19 -8.
ITEM BACKGROUND: Florida Fish and Wildlife Conservation Commission personnel requested
in writing that Monroe County install a gate near the north end of Old State Road 939 on Lower
Sugarloaf (see attached map) to restrict vehicular access to the Florida Keys Wildlife &
Environmental Area. The request is as a result of personnel observing trash dumping, partying and
unauthorized boat launching in the environmentally sensitive area.
Monroe County Code Sec. 19 -8 sets forth the process for restricting use or access of a county road.
The process provides that a Public Hearing must be scheduled and notice of the public hearing shall
be mailed to the affected property owners at least 15 days prior to the public hearing. The Director of
Engineering Services will notify the Director of Emergency Services and any utility providers that
may be affected by the intended restriction on access.
Sec. 19 -8 of the Monroe County Code is attached to this agenda item for reference.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT /AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval to schedule a public hearing July 19, 2017.
DOCUMENTATION:
FL Keys Wildlife & Environmental Area
Monroe County Code Sec. 19 -8. Restriction on use of county roads
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Judith Clarke
Completed
06/06/2017 9:25 AM
Christine Limbert
Completed
06/06/2017 1:42 PM
Budget and Finance
Completed
06/06/2017 1:49 PM
Maria Slavik
Completed
06/06/2017 1:50 PM
Kathy Peters
Completed
06/06/2017 7:03 PM
Board of County Commissioners
Pending
06/21/2017 9:00 AM
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Monroe County Code Section 19 -8
Sec. 19 -8. - Restriction on use of county roads.
(a) Generally. For the purposes of this section, a restriction on the use of a county road is the limiting of
vehicular or pedestrian access or the limitation on hours of use by the general public of a county
road that is dedicated to the public, or a county road used by the public, whether paved or unpaved,
within the jurisdiction of unincorporated Monroe County. The restricted portion of the road shall
remain a county road. Further, the restriction shall not constitute abandonment, and the road may be
reopened for vehicular or pedestrian traffic, access and /or use of the general public at a future time.
(b) Process for restricting the use of a public road. Restricted access to a public road, or a segment
thereof, may be requested by the county commission, the county administrator, or any county
division or department and processed as follows:
(1) The proposed restricted access shall be reviewed and decided by majority vote of the board of
county commissioners at a public hearing.
(2) A road restriction shall be requested in writing to the director of the division of public works.
(3) A public hearing shall be scheduled after the division of public works director, director of
engineering services, director of emergency services and any utility provider that may be
affected by the restriction have been notified and indicate that they have no objection.
(4) Ninety days prior to the public hearing, the public works department shall request that the
growth management division provide written notice of the proposal to all affected property
owners and surrounding property owners located within 300 feet of the entire road segment to
be restricted. For purposes of this subsection, an affected property owner is the owner of
property which, if the road is restricted, will have pedestrian or vehicular access directly from his
property eliminated. The notice shall meet the following requirements:
a. Every notice shall include the date, time and place of the public hearing before the board of
county commissioners, the location of the road and the type of access proposed to be
changed or restricted, and contact information for the county.
b. Notice of the public hearing shall be mailed by the growth management division to all
affected property owners and surrounding property owners as listed in the Monroe County
Property Appraiser's records at least 15 days prior to the date of the public hearing.
The area adjacent to or on the road shall be posted in an area visible to the public with at
least two 18" by 24" signs at least 15 days before the hearing by public works staff. A
photograph of the sign in place with the date of posting on it and a notarized affidavit by the
employee dated the same day as the posting shall be proof that the posting was done.
(c) Process for removal of restriction. The removal of the restriction on a previously restricted public
road, or a segment thereof, may be requested by the board of county commissioners, the county
administrator, or any county division or department as follows:
(1) The removal of the restriction shall be reviewed and decided upon by the board of county
commissioners at a public hearing.
(2) Notice and procedure shall be done in the same manner as for road restrictions.
(d) Exemptions. Emergency road restrictions for safety, investigative or other emergency related
purposes shall be exempt from the process provided in subsection (b).
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