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Item U04 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting October 21, 2020 Agenda Item Number: U.4 Agenda Item Summary #7482 l_N-'I l_D � K .JI' D�-Y OI I/IEE�rzING: Stan peci t�.f`c rii atteci t�.SOIL[tiori attacli�.ci BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329 No AGENDA ITEM WORDING: Approval of a Resolution setting weight restrictions on certain Bridges in Duck Key. ITEM BACKGROUND: On or about October 4, 2020, the Florida Department of Transportation (FDOT)inspectors' performed assessments and advised that the Bimini Bridge, Harbor Drive Bridge and Seaview Bridges were deteriorating faster than anticipated and advised that weight restrictions were immediately required. County staff posted signage with the weight restrictions at each bridge. The weight restrictions imposed are 9 tons (initially this was limited to 3 tons but was increased to 9 tons after further analysis) on the Bimini Bridge and 10 tons on Harbor Drive Bridge and Seaview Bridges. This Resolution sets the weight restrictions in accordance with Section 316.555, Florida Statutes. The Monroe County Board of County Commissioners intends to make this Resolution effective retroactively to October 4, 2020, the date the FDOT inspectors advised of the required weight restrictions. County staff is working to expedite the design and construction replacement of these bridges and is also working to identify temporary strengthening solutions. The Board of County Commissioner has authority and jurisdiction pursuant to F.S. 316.006 to establish traffic control devices to guide, warn or regulate traffic and pursuant to F.S. 316.555 to impose weight limits on bridges under the County's jurisdiction. The Monroe County Sheriff's Office shall enforce the weight restrictions in accordance with F.S. 316.55- Weight, load speed limits may be lowered; conditions precedent and as per 316.655- Penalties The following weight limits are hereby established for certain bridges: Keys Bridges Weight Limit Duck Key Bimini Bridge 9 Tons Duck Key Harbor Drive Bridge, Seaview 10 Tons Drive Bridges PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Resolution. DOCUMENTATION: STAMPED Resolution setting weight restrictions on certain Duck Key Bridges (10/19/20) FINANCIAL IMPACT: Effective Date: 10/4/20 Expiration Date: Until rescinded Total Dollar Value of Contract: N/A 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: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Judith Clarke Completed 10/13/2020 3:23 PM Bob Shillinger Completed 10/13/2020 3:39 PM Christine Limbert Completed 10/13/2020 4:08 PM Purchasing Skipped 10/13/2020 3:13 PM Budget and Finance Skipped 10/13/2020 3:13 PM Maria Slavik Skipped 10/13/2020 3:13 PM Liz Yongue Completed 10/13/2020 5:01 PM Board of County Commissioners Pending 10/21/2020 9:00 AM RESOLUTION NO. -2020 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA SETTING THE WEIGHT RESTRICTIONS ON CERTAIN BRIDGES IN DUCK KEY AND AUTHORIZING THE POSTING OF THE APPROPRIATE SIGNAGE. WHEREAS, on or about October 4, 2020, the Florida Department of Transportation (FDOT) inspectors performed assessments and advised that the Bimini Bridge, Harbor Drive Bridge and Seaview Bridges were deteriorating faster than anticipated and advised that weight restrictions were immediately required, and County staff posted the appropriate signage with the weight restrictions at each bridge; and WHEREAS, this resolution sets the weight restrictions at 9 tons (initially 3 tons) on the Bimini Bridge and 10 tons on Harbor Drive Bridge and Seaview Bridges in accordance with F.S. 316.555; and WHEREAS, the Board of County Commissioners have authority and jurisdiction, pursuant to F.S. 316.006, to establish traffic control devices to guide, warn or regulate traffic and, pursuant to F.S. 316.555, to impose weight limits on bridges under the County's jurisdiction; and WHEREAS, the Monroe County Sheriff s Office shall enforce the weight restrictions in accordance with F.S. 316.555- Weight, load, speed limits may be lowered; conditions precedent. and as per F.S. 316.655-Penalties.; and WHEREAS, the Monroe County Board of County Commissioners intends to make this resolution effective retroactive to October 4, 2020, the date the FDOT inspectors advised of the required weight restrictions; and WHEREAS, in accordance with Metropolitan Dade County v. Chase Federal Housing Corporation, et al., 737 So.2d 494 (Fla 1999) that provides that a retroactive provision of a legislative act is valid, so long as vested rights are not adversely affected or destroyed or a new obligation or duty is created or imposed, or an additional disability is established in connection with transactions or considerations previously had or expiated, the Monroe County Board of County Commissioners finds that this resolution may be retroactive; and WHEREAS, County staff is working to expedite the design and construction of replacement of these bridges and is also working to identify temporary strengthening solutions; Resolution imposing weight restrictions on certain Duck Key Bridges Page 1 of 2 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. The following weight limits are hereby established for certain bridges: Keys Bridges Weigh Limit Duck Key Bimini Bride 9 Tons Duck Key Harbor Drive Bridge, Seaview 10 Tons Drive Bridges 2. The weight restrictions shall be posted, and County staff is hereby authorized to post the appropriate signage. 3. The weight restrictions are effective retroactively to October 4, 2020, the date the FDOT inspectors advised of the required weight restrictions, and remain in full force and effect until rescinded by the Monroe County Board of County Commissioners. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of October, 2020. Mayor Heather Carruthers Mayor Pro Tem Michelle Coldiron Commissioner Craig Cates Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By By As Deputy Clerk Mayor Heather Carruthers MONROE COUNTY/ Chi RISITNE LIMBERT•BARROWS ASSISTANT CO N1JT, I5 EY DATE Resolution imposing weight restrictions on certain Duck Key Bridges Page 2 of 2 U.4 BOARD OF COUNTY COMMSSIONERS County of Monroe fma Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: U.4 Agenda Item Summary #7482 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329 No AGENDA ITEM WORDING: Approval of a Resolution setting weight restrictions on certain Bridges in Duck Key. ITEM BACKGROUND: On or about October 4, 2020, the Florida Department of Transportation (FDOT) inspectors' performed assessments and advised that the Bimini Bridge, Harbor Drive Bridge and Seaview Bridges were deteriorating faster than anticipated and advised that weight restrictions were immediately required. County staff posted signage with the weight restrictions at each bridge. The weight restrictions imposed are 9 tons (initially this was limited to 3 tons but was increased to 9 tons after further analysis) on the Bimini Bridge and 10 tons on Harbor Drive Bridge and Seaview Bridges. This Resolution sets the weight restrictions in accordance with Section 316.555, Florida Statutes. The Monroe County Board of County Commissioners intends to make this Resolution effective retroactively to October 4, 2020, the date the FDOT inspectors advised of the required weight restrictions. County staff is working to expedite the design and construction replacement of these bridges and is also working to identify temporary strengthening solutions. The Board of County Commissioner has authority and jurisdiction pursuant to F.S. 316.006 to establish traffic control devices to guide, warn or regulate traffic and pursuant to F.S. 316.555 to impose weight limits on bridges under the County's jurisdiction. The Monroe County Sheriff's Office shall enforce the weight restrictions in accordance with F.S. 316.55- Weight, load speed limits may be lowered; conditions precedent and as per 316.655- Penalties The following weight limits are hereby established for certain bridges: Keys Bridges Weight Limit Duck Key Bimini Bride 9 Tons Packet Pg.4579 U.4 Duck Key Harbor Drive Bridge, Seaview 10 Tons Drive Bridges PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Resolution. DOCUMENTATION: Resolution setting weight restrictions on certain Duck Key Bridges FINANCIAL IMPACT: Effective Date: 10/4/20 Expiration Date: Until rescinded Total Dollar Value of Contract: N/A 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: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Judith Clarke Completed 10/13/2020 3:23 PM Bob Shillinger Completed 10/13/2020 3:39 PM Christine Limbert Completed 10/13/2020 4:08 PM Purchasing Skipped 10/13/2020 3:13 PM Budget and Finance Skipped 10/13/2020 3:13 PM Maria Slavik Skipped 10/13/2020 3:13 PM Liz Yongue Completed 10/13/2020 5:01 PM Packet Pg.4580 U.4 Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg.4581 U.4.a RESOLUTION NO. -2020 A RESOLUTION OF THE BOARD OF COUNTY CU COMMISSIONERS OF MONROE COUNTY SETTING THE a) WEIGHT RESTRICTIONS ON CERTAIN BRIDGES IN DUCK r- KEY AND AUTHORIZING THE POSTING OF THE APPROPRIATE SIGNAGE. g U WHEREAS, On or about October 4, 2020, the Florida Department of Transportation (FDOT) inspectors' performed assessments and advised that the Bimini Bridge, Harbor Drive Bridge and Seaview Bridges were deteriorating faster than anticipated and advised that weight restrictions were immediately required, and County staff posted the appropriate signage with the weight restrictions at 3: each bridge; and 0. WHEREAS, this Resolution sets the weight restrictions at 9 tons (initially 3 tons) on the Bimini - 0 Bridge and 10 tons on Harbor Drive Bridge and Seaview Bridges in accordance with F.S. 316.555; and 0 WHEREAS, the Board of County Commissioner has authority and jurisdiction pursuant to F.S. 0 Cn 316.006 to establish traffic control devices to guide, warn or regulate traffic and pursuant to F.S. 316.555 to impose weight limits on bridges under the County's jurisdiction; and WHEREAS, the Monroe County Sheriff s Office shall enforce the weight restrictions in accordance with F.S. 316.555-Weight, load, speed limits may be lowered; conditions precedent and as per F.S. 316.655-Penalties; and U WHEREAS,the Monroe County Board of County Commissioners intends to make this Resolution effective retroactive to October 4, 2020, the date the FDOT inspectors advised of the CU required weight restrictions; and U WHEREAS, in accordance with Metropolitan Dade County v. Chase Federal Housing 0 Corporation, et al., 737 So.2d 494 (Fla 1999)that provides that a retroactive provision of a legislative r- act is valid, so long as vested rights are not adversely affected or destroyed or a new obligation or duty is created or imposed, or an additional disability is established in connection with transactions or Cn considerations previously had or expiated, the Monroe County Board of County Commissioners finds 2 that this resolution may be retroactive; and WHEREAS, County staff is working to expedite the design and construction of replacement of these bridges and is also working to identify temporary strengthening solutions; a� NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 0 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0 1. The following weight limits are hereby established for certain bridges: Resolution imposing weight restrictions on certain Duck Key Bridges U Page 1 of 2 Packet Pg.4582 U.4.a Keys Bridges Weight Limit U Duck Key Bimini Bride 9 Tons Duck Key Harbor Drive Bridge, Seaview 10 Tons CU Drive Bridges r- 0 2. The weight restrictions shall be posted, and County staff is hereby authorized to post the appropriate signage. 0 U 3. The weight restrictions are effective retroactively to October 4, 2020, the date the FDOT inspectors advised of the required weight restrictions and remain in full force and effect until rescinded by the Monroe County Board of County Commissioners. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of October 2020. C 0 Mayor Heather Carruthers Mayor Pro Tem Michelle Coldiron Commissioner Craig Cates 0 Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA U By By As Deputy Clerk Mayor/Chairperson `U a� U r- 0 0 U ° 0 0 Resolution imposing weight restrictions on certain Duck Key Bridges U Page 2 of 2 Packet Pg.4583