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Item T5 o �90 • 4 -- � ��ts� BOARD OF COUNTY COMMISSIONERS County of Monroe David Rice, District 4 The Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5 } 7 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting August 15, 2018 Agenda Item Summary #4605 ADD ON DAY OF MEETING BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774 N/A AGENDA ITEM WORDING: A Resolution by the Monroe County Board of County Commissioners to continue authorizing temporary emergency marine Disaster Debris Management Site (DDMS) 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 June 12, 2018, for a duration of up to 365 Days to June 11, 2019; and Providing an Effective Date. ITEM BACKGROUND: This Resolution authorizes continued 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. The original resolution 360 -2017 was approved 12/13/17 and was effective from December 13, 2017 to June 11, 2018, and also provided a procedure for approval of marine Disaster Debris Management Sites and vessel staging areas on Tier 3 Properties. This Resolution extends the original Resolution by a one year period, retroactive from June 12, 2018 to June 11, 2019. PREVIOUS RELEVANT BOCC ACTION: 9/27/2017 Board adopted Resolution 219 -2017 approved 6 sites for vessel and marine debris temporary staging areas. 10/18/2017 Board adopted Resolution 221 -2017 authorizing additional temporary emergency marine debris removal staging areas on parcels of land, as approved by Monroe County, for the collection, storage, and transfer of vessels and marine debris related to Hurricane Irma, effective October 18, 2017, for a duration of up to 180 days. 12/13/17: Approval of Resolution 360 -2017 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. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Temporary emergency Marine Debris Staging Resolution for Cudjoe Transfer Station Empty Cell Use for Marine Debris - Extension of Time Resolution 360 -2017 for Temporary Emergency Marine Debris Staging for Cudjoe Transfer Station FINANCIAL IMPACT: Effective Date: Retroactive to June 12, 2018 Expiration Date: June 11, 2019 Total Dollar Value of Contract: $0 Total Cost to County: $0 Current Year Portion: $0 Budgeted: N/A Source of Funds: N/A CPI: NA Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Staff oversight of marine debris removal activities. Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: No Additional Details: REVIEWED BY: Rhonda Haag Completed 08/08/2018 6:44 PM Cynthia Hall Completed 08/08/2018 9:57 PM Rich Jones Completed 08/09/2018 8:18 AM Budget and Finance Completed 08/09/2018 4:15 PM Maria Slavik Completed 08/09/2018 5:10 PM Kathy Peters Pending Board of County Commissioners Pending 08/15/2018 9:00 AM g @ ` y } MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2018 ARESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 360-2017 IN ORDER TO EXTEND THE TIME PERIOD FOR USE OF A PARCEL OF LAND KNOWN AS THE CUDJOE TRANSFER STATION AS A TEMPORARY DISASTER DEBRIS MANAGEMENT SITE FOR THE COLLECTION, STORAGE, AND TRANSFER OF MARINE DEBRIS AND VESSELS RELATED TO HURRICANE IRMA, EFFECTIVE JUNE 12, 2018, FOR A DURATION OF UP TO 365 DAYS TO JUNE 11, 2019; 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, since September 5, 2017, the Mayor has issued continuing declarations of State of Local Emergency; 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, the empty cell portion of the County's Cudjoe Transfer Station, a Tier 1 site owned by Monroe County (RE 00115410- 000100 and 00115410- 000200) (hereinafter, the Property), 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 Property 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 1 of WHEREAS, on December 13, 2017, the Monroe County BOCC approved Resolution No. 360 -2017, authorizing the use of the Property for collection, storage and handling of marine debris; and WHEREAS, Monroe County was recently awarded a grant from the Natural Resources Conservation Service (NRCS) in the amount of approximately $49.2 million, for removal of debris from canals; and WHEREAS, a number of canals on which work will be performed under the grant are located in the Lower Keys, including Sugarloaf, Cudjoe, Summerland and Ramrod, and it is efficient and advantageous to have a debris site adjacent to those areas; and WHEREAS, County staff have recommended the use of the Property for this purpose; 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 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 Cudjoe/ Vacant land, 00115410- 000200 1 Station MM 21 Cudjoe Key and (empty cell) 00115410- 000100 (Land Use District: NA) • • A I � r. fil - Pr F Section 2: The use of the Property is subject to the following conditions: (1) No clearing of native vegetation or filling shall occur to accommodate the temporary emergency debris removal staging areas; 2 of 3 (2) 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; (3) 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 (4) Use of the site as temporary emergency debris removal staging areas shall be limited to a period not to exceed an additional 365 days from the effective date, June 12, 2018, unless extended by a subsequent resolution by the BOCC; and (5) The site shall be restored to its prior condition following termination of use as a temporary emergency debris removal staging area. Section 3: The time limitation for use of the Property in Section 1 of Monroe County Board of County Commissioners Resolution No. 360 -2017 is amended, to the extent that it is inconsistent with this Resolution. Section 4; 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 15` day of August, 2018. Mayor David Rice Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Danny Kolhage Commissioner George Neugent (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK By: By: Deputy Clerk Mayor David Rice MONR COUNTY ATTORNEY PR OVED Pj,S TO F M: 4 Y * " I d CYNTHIA L. HALL 3 of ASSTS ANT COUNTY ATTORNEY MONROE 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 I: 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 • _ r . �5tr ni .ui. IIIA - - 1 - f ; 111 `- -_. 4 _ —_ ! x ' nr n iii"r' ^� a !u # ,: 2 of 3 • 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. Mayor David Rice Yes © Mayor Pro Tem Sylvia Murphy Ye s v N • Commissioner Heather Carruthers Yes a � Commissioner Danny Kolhage Yes Commissioner George Neugent Yes a_ ° „,r4 'M ' BOARD OF COUNTY COMMISSIONERS . p OF MONROE COUNTY FLORIDA '' ' ; �'�• . �%Y�y �_ BY .. Mayor David ce j(SE` •`4i� /a1 if ,'ATT ;;KEVIN MADOK, CLERK l MONROE COUNTY .TTORNEY A "ROV D,A T Fr DEPUTY CLERK Y TH A L. ALL ASSIST NT COUNTY ATTORNEY Date :,:_.,..;._./" 8 -d--"f) 3 3