Item C20 C.20
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: C.20
Agenda Item Summary #7960
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329
No
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to be held April 21, 2021 to
consider adoption of an Ordinance to revise Section 19-6, 19-8 and 19-39 of the Monroe County
Code. The proposed ordinance will delete Section 19-6 providing regulations for Loop Road which
is no longer under the County's jurisdiction as it was acquired by the State of Florida; to revise
Section 19-8 authorizing the County Engineer to allow temporary short-term closures when needed
for right-of-way repairs or projects that necessitate a temporary road closure; and to revise 19-39 to
set forth insurance requirement for contractor performing work on the County's right-of-way of the
Monroe County Code.
ITEM BACKGROUND: This agenda item seeks approval to advertise a public hearing to be held
at the April 21, 2021 BOCC meeting to consider adoption of an Ordinance to repeal Section 19-6 of
the Monroe County Code (Code) and to revised Section 19-8 and 19-39 of the Code. The proposed
changes to the Monroe County Code are set forth in detail below. The changes are noted in proposed
ordinance as underlined text for added language and stfike *h-et text for deleted language.
In 2003 the Monroe County Code ("Code")was amended by Ordinance 021-2003 to prohibit the
entrance onto the right-of-way on Loop Road and in 2015 the State of Florida acquired Loop Road in
Sugarloaf Key and therefore Loop Road is no longer under the jurisdiction of the County and the
provisions as set forth in Ordinance 021-2003 and Section 19-6 of the Code should be repealed and
removed in its entirety.
In 2012 the Board of County Commissioners approved Ordinance 018-2012, which established
Section 19-8 of the Code that provided a procedure to limit access to county roads. From time-to-time
due to utility repairs, repair in the right-of-way or other projects that may necessitate a temporary
restriction on the use of a county road, the Director of Engineering Services will authorize such
closure so long as the maintenance of traffic (MOT) guidelines are followed. The ordinance seeks to
add language to clarify and authorize the short-term temporary closure as need. MOT guidelines
require posting and notifications to vehicles,pedestrians and in certain situations to adjacent property
owners, and must be adhered to when a county road is temporary closed. The process outlined in
Section 19-8(b) of the Code is not necessary when the limitations of the use of county roads is only
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C.20
for a short-term or temporary closure and therefore such will be exempt for the provisions of
subsection 19-8(b).
Section 19-39 shall be revised to include the minimum contractor insurance requirements, which
shall be required prior to issuance of a permit for work in the right-of-way.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to Advertise Public Hearing as requested.
DOCUMENTATION:
Ordinance to revise Sec 19-6, 19-8 and 19-39 of the MCC 3 2 21
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
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: N/A
Additional Details:
N/A
REVIEWED BY:
Judith Clarke Completed 03/02/2021 2:12 PM
Christine Limbert Completed 03/02/2021 2:15 PM
Purchasing Skipped 03/02/2021 2:04 PM
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C.20
Budget and Finance Completed 03/02/2021 2:56 PM
Maria Slavik Completed 03/02/2021 3:56 PM
Liz Yongue Completed 03/02/2021 4:32 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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C.20.a
ORDINANCE -2021
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REPEALING SECTION 19-6 AND
ORDINANCE 021-2003 AMENDING SECTION 19-8, AND
SECTION 19-39 OF CHAPTER 19 OF THE MONROE COUNTY
CODE; PROVIDING FOR THE REPEAL OF ORDINANCE 021-
200E AND SECTION 19-6 REGARDING RIGHT-OF-WAY ON Co
LOOP ROAD WHICH WAS ACQUIRED BY THE STATE OF
FLORIDA; PROVIDING FOR REVISIONS TO RESTRICTION c�
ON USE OF COUNTY ROADS TO AUTHORIZE AND CLARIFY
THAT THE COUNTY'S ENGINEER IS AUTHORIZED TO
ALLOW TEMPORARY SHORT-TERM ROAD CLOSURES FOR
UTITLITY REPAIRS, RIGHT-OF-WAY REPAIRS OR OTHER
PROJECTS THAT MAY NECESSITATE A TEMPORARY ROAD
CLOSURE; PROVIDING FOR CONTRACTOR INSURANCE
AND BONDING REQUIREMENTS FOR WORK IN THE RIGHT-
OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE W
MONROE COUNTY CODE OF ORDINANCES; AND N
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2003 the Monroe County Code ("Code")was amended by Ordinance 021-2003
to prohibit the entrance onto the right-of-way on Loop Road; and
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WHEREAS, in 2017 the State of Florida acquired Loop Road in Sugarloaf Key and therefore
Loop Road is no longer under the jurisdiction of the County and the provisions are set forth in Section
19-6 of the Code should be repealed and removed in its entirety; and
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WHEREAS, in 2012 the Board of County Commissioners approved Ordinance 018-2012,
which established Section 19-8 of the Code that provided a procedure to limit access to county roads;
and
WHEREAS, from time-to-time due to utility repairs, repair in the right-of-way or other projects
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that may necessitate a temporary restriction on the use of a county road, the Director of Engineering
Services will authorize such closure so long as the maintenance of traffic (MOT) guidelines are 2
followed; and c
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WHEREAS, MOT guidelines require posting and notifications to vehicles, pedestrians and in
certain situations to adjacent property owners, and the process outlined in Section 19-8(b) of the Code is
not necessary when the limitations of the use of county roads is only for a short-term or temporary
closure; and
WHEREAS, Section 19-39 shall be revised to include the minimum contractor insurance E
requirements, which shall be required prior to issuance of a permit for work in the right-of-way;
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C.20.a
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NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA: °3
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SECTION 1: Ordinance 021-2003 is hereby repealed in its entirety. The Municipal Code Corporation
is directed to remove Section 19-6 from the Monroe County Code. (added language is noted in
underlined text and deleted language is noted in st+ike through texCo
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See�Occupa tionr-"vzf--might o4'_.� T ay on o Road prohibited. i
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{a� No per-son enter- upon, or-- UPOR, fTrhrVQr-, , hf f way of- off-Sugaf4eaf
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between stinset stiar-ise. A- of-Loop-Read i-,attaehed to-th-e-^ €rem whieh U
meluding law o f - e ffi e t ^ems-wed sher-igs a f ee. T'he-eatia�y a�
alo a„ perse em Loop-Read fr-em sunset to-sunvise ms
per-sons are to-be-there as-paFt-of-a*-er-gaaized event tsde-Pra-s-, *et--!ifn4ed te-, e-ar- er- e 0
events ori4c. nhar-i� events, and pr-e l..n4;ens �
epai4fne bsta ti ally 9
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s- �d�ee�ed-ta-pest-Eee�rRrss-���„ .ate 9
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LOOP ROAD CLOSED TO PUBLIG SIJ�4SET- TO SULPQdSE
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SECTION 2: Section 19-8-Restriction on use of county roads shall be amended to revise subsection (d)
as follows: (added language is noted in underlined text and deleted language is noted in strike th,-ou �
tex4)
(d) Exemptions. 1. Emergency road restrictions for safety, investigative or other emergency related
purposes shall be exempt from the process provided in subsection (b).
2. When a short-term temporary closure of the right-of-way is necessary for utility repairs, repairs
within the right-of-way or projects that necessitate a temporary restriction on the use of a counter
road, the Engineering Services Director is empowered and authorized by the Board of Counter Co,
Commissioners to review and approve short-term temporary closures of the right-of-way and shall
be exempt from the process provided in subsection (b). All short-term temporary closures shall
adhere to maintenance of traffic (MOT) guidelines.
SECTION 3: Section 19-39 Insurance and bonding shall be amended to read as follows: : (added 0'
language is noted in underlined text and deleted language is noted in strike through tex 2
0
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Sec. 19-39. - Insurance and bonding.
rig war-k in-a- eatia�yright f Way- lieexses-
serge a-S- i-, r-0qHiF0d 4�- 449RFE)0 County ^^rs*^ ctiE) ^^ r-egulations. Any contractor
performing work in a county right-of-way shall hold such insurance coverage as is required by the
county risk administrator and license and insurance coverage shall be provided to the county's
engineering department before work is commenced.
(a) Unless specifically waived by the board of county commissioners, or the Engineering Services Co
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Director, the permit shall not be effective for any purpose whatsoever until the applicant, or his
designated representative, delivers to the Engineering Services Director a certificate of general liability
insurance and automobile liability insurance with combined single limits of liability of no less than
$300,000.00 for combined single limit for property damage and/or bodily injury. The certificate of
insurance shall name the county as an additional insured, shall be effective for all periods of work
covered by the issued permit, and shall be in a form acceptable to the County's Risk Management
Department. Depending upon the scope of work to be performed in the right-of-way, the insurance 0
requirements may be increased or decreased as is required by the county's risk administrator and
approved by the County's Risk Management Department.
SECTION 4: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or 0
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
SECTION 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict. 0
SECTION 6: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or
amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system Co
of the Code.
SECTION 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the
Department of state and shall be effective as provided in section 125.66(2), Florida Statutes. u
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An
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 April, 2021. 2
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Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster
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C.20.a
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK Clerk OF MONROE COUNTY, FLORIDA
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By By
As Deputy Clerk Mayor/Chairperson
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