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Item O8M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting July 19, 2017 Agenda Item Number: 0.8 Agenda Item Summary #3154 BULK ITEM: No DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 3:00 pm AGENDA ITEM WORDING: Public Hearing to consider the installation of a gate on Old State Road 939, Upper 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 Upper Sugarloaf Key (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 has notified the Director of Emergency Services and all utility providers that may be affected by the intended restriction on access (letters of no objection attached). PREVIOUS RELEVANT BOCC ACTION: Approval to advertise a public hearing was granted by the BOCC at the June 21, 2017 meeting. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to place gate in location as specified by the Florida Fish and Wildlife Conservation Commission. DOCUMENTATION: Aerial Map - FL Keys Wildlife & Environmental Area MC Code Sec. 19 -8, Restriction on Use of County Roads Affidavit of Posting of Notice Letter to Affected Prop. Owners & owners list Letters to Utility Co's re. gate install. Letter of No Objection from Sheriffs Office letter of no objection AT&T Letter of No Objection from Fire Rescue Letter of No Objection Keys Energy MonroeCounty_Sugarloaf No Object2017 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: N/A REVIEWED BY: Judith Clarke Completed 06/29/2017 4:31 PM Christine Limbert Completed 06/30/2017 11:16 AM Budget and Finance Completed 06/30/2017 3:34 PM Maria Slavik Completed 07/01/2017 7:48 PM Kathy Peters Completed 07/03/2017 1:26 PM Board of County Commissioners Pending 07/19/2017 9:00 AM —_ - j •lle ;sul a ;eO JOI 6uPeaH o!lgnd VM:) eGJV l e ;uauauoa!nu3 V el!lpl!M f sAeM - 1 = 1 - dew leijeV : ;uewt4oe ; ;V M cc C6 - co CD m 0. 7 ° +;•' _ y = Y V (U m a 5 w ca L. 6J _ j E iG E � � r � � n m to r f4 Y LL r f4 i F'. Q1 a co iFJ C Tl W C.J. C Ll 6a 0.5 LS m .« LD � • f 4 Y . 4 JYy 'F 4,k O !! a 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. c. 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). ( Ord. No. 018 -2012, �S 1 ) Page 1 o.s.c M m Packet Pg. 3086 Erickson- Breanne To: Clarke- Judith Subject: RE: State Road Application - Notices From: Aguila -Ilze Sent: Monday, July 03, 2017 2:53 PM To: Clarke- Judith Subject: State Road Application - Notices Judy, Please find this email as confirmation from the Planning Department the notices to the surrounding property owners were mailed out today via US mail. These are the Notices for the BOCC Item to add a gate to the Old State Road as described below: A PUBLIC HEARING CONCERNING A REQUEST BYTHE FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION FOR A GATE TO BE INSTALLED ON COUNTY MAINTAINED OLD STATE ROAD, APPROXIMATELY LOCATED AT 4,200 FEET SOUTH OF THE INTERSECTION OF OLD STATE ROAD 939 AND US 1 ADJACENT TO THE NORTH BOUNDARY OF PARCEL WITH ID #00118330 - 000000 TO RESTRICT ACCESS TO STATE OWNED CONSERVATION PROPERTY. THE SUBJECT PROPERTY IS A PARCEL OF LAND IN SECTION 31, TOWNSHIP 66 SOUTH, RANGE 28 EAST (PLAT BOOK 1610, PAGE 1333), MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00118330.000000. Please let me know if you need any additional from us. Sincerely, Ilze Aguila Sr. Coordinator Planning Commission Monroe County I Planning & Environmental Resources Department 2798 Overseas Highway I Suite 400 1 Marathon, Florida 33050 Main: 305 - 289 -2500 Office: 305 - 289 -2522 A uila- Ilze MonroeCount - FL.gov County of Monroe Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289 -2500 FAX: (305) 289 -2536 Board of Countv Commissioners Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia Murphy, District 5 We strive to he caring, professional, and fair. NOTICE OF PUBLIC HEARING The Monroe County Board of County Commissioners will hold a Public Hearing on July 19, 2017, at the Marathon Government Center, 2798 Overseas Hwy, Marathon, Monroe County, Florida, beginning at 3:00 PM. or as soon thereafter as may be heard, at which time the Board will hear any information or comments you wish to give regarding the following: A PUBLIC HEARING CONCERNING A REQUEST BY THE FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION FOR A GATE TO BE INSTALLED ON COUNTY MAINTAINED OLD STATE ROAD, APPROXIMATELY LOCATED AT 4,200 FEET SOUTH OF THE INTERSECTION OF OLD STATE ROAD 939 AND US 1 ADJACENT TO THE NORTH BOUNDARY OF PARCEL WITH ID #00118330 - 000000 TO RESTRICT ACCESS TO STATE OWNED CONSERVATION PROPERTY. THE SUBJECT PROPERTY IS A PARCEL OF LAND IN SECTION 31, TOWNSHIP 66 SOUTH, RANGE 28 EAST (PLAT BOOK 1610, PAGE 1333), MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00118330.000000. THE HEARING IS NOT LIMITED TO THOSE RECEIVING THIS NOTICE. IF YOU KNOW ANY NEIGHBOR OR OTHER AFFECTED PROPERTY OWNER WHO FAILED TO RECEIVE THIS NOTICE, PLEASE INFORM THEM OF THIS PUBLIC HEARING. PURSUANT TO FLORIDA STATUTE SEC. 286.0105, IF A PERSON DECIDES TO APPEAL ANY DECISION OF THE BOARD, HE SHALL PROVIDE A TRANSCRIPT OF THE HEARING, PREPARED BY A CERTIFIED COURT REPORTER AT THE APPELLANT'S EXPENSE. THE TRANSCRIPT MUST BE FILED AS A PART OF THE RECORD OF THE APPEAL. A TRANSCRIPT MADE FROM RECORDINGS OR OTHER "SECONDARY" MEANS, DOES NOT PROVIDE A SUFFICIENTLY ACCURATE RECORD OF ALL THE SPEAKERS. THEREFORE, SUCH "SECONDARY" TRANSCRIPTS MAY NOT BE ACCEPTED AS A VALID VERBATIM TRANSCRIPT BY A COURT OR HEARING OFFICER. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441, between the hours of 8.30 a.m. - 5.00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 711 " For more information call: The Monroe County Planning Department at (305) 289 -2500. AIIIAV -008 -L i .,,dn -dod paogaa al Aalana ; - ap sua s ; @09LS ® Aa3AV I!aeq W03'Aaane'MM11A ! ap ul ;e ainLIM4 el a zaildaa � salad q sally BOARD OF TRUSTEES OF THE IITF 3900 COMMONWEALTH BLVD, Unit MAIL STATION 115 TALLAHASSEE, FL 32399 -3000- LAZY LAKES LLC 311 JOHNSON RD SUMMERLAND KEY, FL 33042 -3815- BROWN GAYLE STOKE 745 ALAMANDA DR NORTH PALM BEACH, FL 33408 -4101- SUGARLOAF PIRATES COVE 145 Robert E Lee BLVD , Unit Ph New Orleans, LA 70124 -2577 LARK GEORGE A AND CHRISTINE M 601 COUNTY RD 939 SUGARLOAF KEY, FL 33042- C9 X N 1 ®0945 ®AZJ3Ab►�ffi { wi a6p3 do -dod asodxe AWL-d 1380: 009E puss 01 aull 6u0 Packet Pg. 3089 le of 13 El (RMS]Msul WO JOI BuPeGH oilqnd : VM:) 'lle4sul W - GJ s. 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CL E - 1 19 0 CD CD 9 o 9 CO to 1, Z Cf) IL Lo Clf T OD M E 0 LL co CL (RMS]Msul WO JOI BuPeGH oilqnd : VM:) 'lle4sul OW - GJ s.O:D Amm o; sjG;;G :4uGwt4 n 't tNl yU CJ J5- EEC a: 2u5iox 131313 0 0 0 is - a w C a 05 a7 N �mffi= co TiAe 8 B. 6131:1 0 6131:1 0 U! ni E3 ni ni ID C3 r C3 n C r3 M M Ln M M C4 r- (D 'D os E E CD CO 0 00 4= al ■ �cl ■ a ■ m H r m All IA M 13 1313 0 13❑ 92 Z C, co T 0, -.1 1 :) C\l to :2 . lP E3 0 ta 00 c 0 :5 O'D .9 go > of X m (D 'D os E E CD CO 0 00 4= al ■ �cl ■ a ■ m H r m All IA M 13 1313 0 13❑ 92 Z C, co T 0, -.1 L �4 Wr- ft 1 :) C\l L �4 Wr- ft I A (0 lP ta I A UMI-MIKII&A Rick Ramsay 5525 College Road Key West, FL 33040 IMN= L\ BOARD OF COUNTY COMMISSIONERS At' ., Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District I Sylvia J. Murphy, District 5 Sent Certified Mail Return Receipt #7014 0150 00018070 2226 This letter is to inform you that a public hearing will be held by the Monroe County Board of County Commissioners on July 19, 2017 at 3:00pm. This public hearing is for the request by the Fish and Wildlife lz­ ac Monroe County respectfully requests that the Monroe County Sheriff s Office forward a Letter of No *bjection to the address above no later than July 3, 2017. If you have any questions or concerns with this request, please feel free to contact me at (305)292-4427 or via email at Erickson-Breanne(d?Tnonroccounty-fl.gov. Thank you. Sincerely, Brearme Erickson Sr. Engineering Technician i County of Monroe mommmm James Callahan 490 63 St. Ocean Marathon, FL 33050 BOW, 14M Sent Certified Mail Return Receipt #7014 0150 00018070 2233 - ..... -- . ---a I i - • a 9 M91 I N-l" Mr. I N to) I WWI" I I I M WEI to) I a the address above no later than July 3, 2017. If you have any questions or concerns with this request, please feel free to contact me at (305)292-4427 or via email at Erickson- BreanneLa)monLoccounly-_fl v. Thank you. �gg-_ Sincerely, It Erickson Sr. Engineering Technician i BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District I Sylvia J. Murphy, District 5 Sent Certified Mail Return Receipt #7014 0150 00018070 2233 - ..... -- . ---a I i - • a 9 M91 I N-l" Mr. I N to) I WWI" I I I M WEI to) I a the address above no later than July 3, 2017. If you have any questions or concerns with this request, please feel free to contact me at (305)292-4427 or via email at Erickson- BreanneLa)monLoccounly-_fl v. Thank you. �gg-_ Sincerely, It Erickson Sr. Engineering Technician i flmgfl��� Jolynn Reynolds Florida Kevs Anueduct Authority I 100 Kennedy Drive Key West, FL 33040 OMRS;= Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Wanny L. Kolhage, District I Sylvia J. Murphy, District 5 Sent Certified Mail Return Receipt #7014 0150 00018070 2189 Monroe County respectfully requests that the Florida Keys Aqueduct Authority forward a Letter of Nv Objection to the address above no later than July 3, 2017. If you have any questions or concerns with this request, please feel free to contact me at (305)292-4427 or via email at Erickson- BreajgLeL& ounty-fij 0 ,monrocc gov. Thank yo Sincerely, Breanne Erickson Sr. Enizineerine Techniciqn i County of Monro The Flofida Keys I Dale Finigan Keys EA,-rgy-,Or-AC06 r.O. Box 6100 Key West, FL 33041 Sent Certified Mail Return Receipt #7014 0150 00018070 2196 This letter is to inform you that a public hearing will be held by the Monroe County Board of County Commissioners ♦ July 19, 2017 at 3:00pm. This public hearing is for the request by the Fish and Wildlife ............. I FITT address above no later than July 3, 2017. If you have any questions or concerns with this request, please feel free to contact me at (305)292-4427 or via email at Erickson- Bregnne c a Kg n ecqujLty-11.g9.y. Thank you. q ---- - — _ Sincerely, P F3reannc Erickson Sr. Engineering Technician i County of Monroe W The Florida Keys Greg Daniels Comcast Cable 10 10 Kenned Dr. Ste. 2 fit MERE= N 3 T9 1\ , 10, J. BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tom David Rice, District 4 g" Heather Carruthers, District 3 11 Danny L. Kolhage, District I Sylvia J. Murphy, District 5 Sent Certified Mail Return Receipt #7014 0150 00018070 2209 ........ . .. Owyj phl"IMUILIJI WWW4041 FINMOURN L i .1 It , I i M L C zbove no later than July 3, 2017. If you have any questions or concerns with this request, please feel free to contact me at (305)292-4427 or via email at Erickson- Bre Thank you. Sincerely, Breanne Erickson Sr. Engineering Technician i Countv of Monrol T Ile Florida Keys ummflalm Herb Bradshaw AT&T Florida 650 United Street Kgy West, FL 3301 Sent Certified Mail Return Receipt #7014 0150 00018070 2219 This letter is to inform you that a public hearing will be held by the Monroe County Board of County Commissioners on July 19, 2017 at 300pm. This public hearing is for the request by the Fish and Wildlife TTIonroe Uounty respecttutly requests th Letter of 110 V'1UJ address above no later than July 3, 2017. If you have any questions or concerns with this request, please feel free to contact me at (305)292-4427 or via email at Erickson-Breann monroccounty-fl.go . Thank you. am= i Breanne Erickson Sr. Enaineerina Technician TH 2-1- BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District I Sylvia J. Murphy, District 5 Sent Certified Mail Return Receipt #7014 0150 00018070 2219 This letter is to inform you that a public hearing will be held by the Monroe County Board of County Commissioners on July 19, 2017 at 300pm. This public hearing is for the request by the Fish and Wildlife TTIonroe Uounty respecttutly requests th Letter of 110 V'1UJ address above no later than July 3, 2017. If you have any questions or concerns with this request, please feel free to contact me at (305)292-4427 or via email at Erickson-Breann monroccounty-fl.go . Thank you. am= i Breanne Erickson Sr. Enaineerina Technician �: � \�% &- � rD � _� /� - � ._ _ I-- I I F-= , � \ /� /���� \ƒ , �� � \ \�±� I 4 vj V V. %f rwi lK W�_ .4v \�� ^� /\� /�� - � \� �! \�.� -� \- / �: � \�% &- � rD � _� /� - � ._ _ I-- I I F-= , � \ /� /���� \ƒ , �� � \ \�±� I 4 vj V V. %f rwi lK W�_ Erickson- Breanne From: Sent: To: Cc: Subject: Good Afternoon, Erickson - Breanne Per Sheriff s Ramsay direction the Monroe County Sheriff Office has No Objection and support the request by the Fish and Wildlife Conservation to install a gate on Old State Road 939 on Sugarloaf Key. Upon project completion please assure that a copy of the gate key will be delivered to the Monroe County Sheriff Office for access to the property in case of an emergency or any other occurrence requiring the presence of Sheriffs Office personnel. For any assistance with this project please contact District 1 Commander Lieutenant Donnie Catala at MCSO Cudjoe Substation. Thank you. Best Regards, Donatella ouatella Va uccl Kelly ,Xecutiv r\idc to the Sheriff ;l`C) 11011rc C C OL:rzt, S1. riffs Of ICC 5;'1125 College, Rmld 0 [,C E r: (3 5, 292 - I t )t) � J )o ) 29 f 001 1 ail II:c ]. � r,s 1,cc ssc>.�z f \ U) 0 a� Z CL Please don't print this e-mail unless absolutely necessary. . at&t 650 United St Key West, FL 33040 Office: (305) 296 -9077 July 3, 2017 Breanne Erickson Monroe County Engineering Department 1100 Simonton Street Key West, FL 33040 Subject: Letter of No Objection: Monroe County Board of County Commissioners Installation of gate on Old State Road 939 on Sugarloaf Key. To Whom it may concern: Our engineering department has reviewed the above referenced request. Presently, AT &T has no existing facilities in the area of the above mentioned section. AT &T has no objection to the placement of the gate on this road. If further assistance is needed, please do not hesitate to call me on (305) 296 -9077 Thank You, Herb Bradshaw Manager OSP Planning & Engineering Design AT &T 650 United Street, Key West, FL 33040 m 305.587.0512 1 hb0196 @att.com MOBILIZING YOUR WORLD County of Monroe The Florida Keys Monroe County Fire Rescue 490 63 Street Ocean Marathon, FL 33050 Phone (305) 289-6088 ummmllm Breanne Erickson 1100 Simonton Street #2 — 216 Key West, Fl- 33040 C%3 BOARD OF COUNTY COMMISSIONERS Nlayor George Neupent, District 2 Mayor llro'fern Da Rice, District 19 Heather car•wlu!fbd District 3 11tniiy 1- Kolhage, District I Svi ia J- District 1 RE: LETTER OF NO OBJECTION — INSTALLATION OF GATE OLD STATE ROAD 939 Dear Ms. Erickson, Monroe County Fire Rescue has no foreseen issue with the request to be made by the Fish and Wildlife Conservation Commission, for the potential gate installation on Old State Road 939 on Sugarloaf Key, at the public hearing July 19, 2017, James K. Callahan Fire Chief, Monroe County Florida Em Attachment: Letter of No Objection from Fire Rescue (3154 : Public Hearing for Gate Install. SR939) June 27th, 2017 Breanne Erickson Monroe County Engineering Department 1100 Simonton Street, #2-216 Key West, FL 33040 . ip� If lo III,, Dear Ms. Erickson: Keys Energy Services (KEYS) has reviewed the aerial photos submitted for the above-mentioned project, there is no conflict with any of our facilities. If you have any questions, please feel free to contact me at 305.295.1055. Sincerely, lx&wuo fv�CI Matthew Alfonso Engineering Supervisor Matthew.AlfonsoOKeysenergy.com MUZOM Copied via electronic mail: D. Finigan, Director of Engineering & Control S. Rzad, Compliance Administrator a ;sul a ;eO aoI 6uPeaH ollgnd : VSbd LbOZ ;oefgO oN Ieolae6ng fi4uno:DaoauoW : ;u9wt43e ; ;V J. Robert Dean � Chairman Florida Keys o District 3 Aqueduct Authority Richard) 7oppE' ',. 1100 Kennedy Drive Vice-chairman District 2 Key West, Florida 33{!40 Telephone (305) 296 -2454 David C. Ritz www.fk aa. corn Secretary/Treasurer CJ dl$tFICt Tj Antoinette M. Appel District 4 Cara f'tfggEn$ C}iStr1G! 1 Kirk C. Zueich Executive Director July 7, 2017 Breanne E rickson Monroe County Engineering 1100 Simonton Street 4215 Key West, FL 33040 RE: Fish and Wildlife Conservation Commission Old State Road 939 Sugarloaf Key Placement of Gate Dear Ms. Erickson; This letter will serve as no objection with the Florida Keys Aqueduct Authority for the placement of gate on CR 939 on Sugarloaf Key. The FKAA has no facilities located beyond the area of requested gate. Should you have any questions or require any further information please feel free to call me. Sincerely, Florida Keys Aqueduct Authority r� arnie L. Walterso�n / Distribution Design Supervisor CC Danielle Mendez, Customer Service Manager -Key West Yusi Bonachea, Customer Service Manager- Marathon Sue Reich, Customer Service Manager - Tavernier