Resolution 360-2017MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO.3 6 0 -2017
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING TEMPORARY EMERGENCY
MARINE DISASTER DEBRIS MANAGEMENT SITE AND VESSEL
STAGING AREA ON A PARCEL OF LAND KNOWN AS THE CUDJOE
TRANSFER STATION, FOR THE COLLECTION, STORAGE, AND
TRANSFER OF MARINE DEBRIS AND VESSELS RELATED TO
HURRICANE IRMA, EFFECTIVE DECEMBER 13, 2017, FOR A
DURATION OF UP TO 180 DAYS TO JUNE 11, 2018; ALSO PROVIDING
A PROCEDURE FOR APPROVAL OF MARINE DISASTER DEBRIS
MANAGEMENT SITES AND VESSEL STAGING AREAS ON TIER 3
PROPERTIES; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners (BOCC) is the legislative body of
Monroe County, Florida; and
WHEREAS, the Monroe County Mayor declared a State of Local Emergency on
September 5, 2017 due to Hurricane Irma, based on a "threat of danger to the populace
inhabiting Monroe County "; and
WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
on September 10, 2017, causing substantial damage to and loss of property; and
WHEREAS, since September 5, 2017, the Mayor has issued continuing declarations of
State of Local Emergency; and
WHEREAS, under Section 252.38(3)(a), F.S., when a local subdivision is operating
under a state of local emergency, the local political subdivision has the power and authority to,
among other things, waive the procedures and formalities otherwise required of the political
subdivision by law pertaining to "performance of public work and taking whatever prudent
action is necessary to ensure the health, safety, and welfare of the community "; and
WHEREAS, the substantial damage to and loss of property caused by the high winds
and storm surge from Hurricane Irma resulted in large amounts of accumulated marine debris;
and
WHEREAS, the marine debris resulting from Hurricane Irma must be collected and
stored pending disposal; and
WHEREAS, governmental agencies are coordinating efforts to remove marine debris
related to Hurricane Irma and require staging areas for the collection, storage, and transfer of
such debris; and
1 of 3
WHEREAS,the empty cell portion of the County's Cudjoe Transfer Station, a Tier 1 site
owned by Monroe County (RE 001154010-000100 and 00115410-000200), is available for use
for collection, storage, and separation of marine debris, prior to haul out to an ultimate final
disposal site; and
WHEREAS, the marine debris staging is limited to existing cleared/disturbed area of the
site; and
WHEREAS, the parcel will be used as marine debris removal staging area or vessel
staging area and is not anticipated to have a negative impact on the environment; and
WHEREAS, the County also wishes to provide a process for selection of Tier 3
properties to be used for marine debris collection, storage, separation and transfer and for marine
vessel storage areas; and
WHEREAS, in the event of a state of emergency, certain work shall be exempted from
requiring a permit, to provide expedient action in order to protect the health, safety and welfare
of the community;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1:
Under this state of emergency, and notwithstanding the uses as of right and permitted uses
established in Chapter 130, Land Use Districts, of the Monroe County Land Development Code,
the BOCC hereby approves the following Tier 1 site, which has been identified as an available
area for such emergency marine disaster debris management site or vessel staging areas:
Site Island/ Address RE Number Tier
Mile
Marker
Cudjoe Transfer Station Cudjoe/ Vacant land, 00115410-000200 1
(empty cell) MM 21 Cudjoe Key and
(Land Use District: NA) 00115410-000100
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Section 2
Additional emergency marine disaster debris management sites and marine vessel staging areas
shall be authorized on Tier 3 properties based on the following. Notwithstanding the uses as of
right and permitted uses established in Chapter 130, Land Use Districts, of the Monroe County
Land Development Code, temporary emergency debris removal staging areas and vessel staging
areas located on Tier 3 designated properties may be established by Monroe County, for a period
not to exceed 180 days, effective December 13, 2017, for the collection, storage, and transfer of
marine debris and vessels related to Hurricane Irma subject to the following conditions:
(1) Any temporary emergency disaster debris management sites and vessel staging areas located
on Tier 3 designated areas may be authorized by County Engineer, Building Official and /or
Planning Director;
(2) No clearing of native vegetation or filling shall occur to accommodate the temporary
emergency debris removal staging areas;
(3) Only fencing, as a temporary structure associated with a temporary emergency debris
removal staging area, may be located in any required setback, unless the BOCC determines a
temporary structure associated with emergency debris removal staging area may occur
temporarily within the setbacks to alleviate increased public expenses; avoid threats to public
health and safety; or the work cannot be readily performed otherwise;
(4) The County Engineer, Building Official and /or Planning Director may require conditions to a
specific temporary emergency debris removal staging area to a) avoid substantial harm to
public health or safety; b) avoid substantial harm to, or impairment of the normal use of, a
public place; and /or c) avoid substantial harm to the environment;
(5) Use of these sites as temporary emergency debris removal staging areas shall be limited to a
period not to exceed 180 days from the effective date, December 13, 2017, unless extended
by a subsequent resolution by the BOCC; and
Each site shall be restored to its prior condition following termination of use as a temporary
emergency debris removal staging area.
Section 3
This Resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 13th day of December 2017.
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MADOK, CLERK
Mayor David Rice
Yes
Mayor Pro Tern Sylvia Murphy
Yes
Commissioner Heather Carruthers
Yes
Commissioner Danny Kolhage
Yes
Commissioner George Neugent
Yes
BOARD OF COUNTY COMMISSIONERS.
OF MONROE COUNTY FLORIDA
i
BY
Mayor David ce
DEPUTY CLERK
MONROE COUNTY TTORNEY
A =OV ,A T F ,AM:
Y TH A L. HALL
ASSISTANT COUNTY ATTORNEY