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Item R2 �s R.2 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `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 May 19, 2021 Agenda Item Number: R.2 Agenda Item Summary #8128 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329 1:30 PM PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing 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 public hearing is held 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-etfgh 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. In 2020, the Board conveyed Loop Road in Sugarloaf Key to the Board of Trustees of the Internal Improvement Trust fund of Florida (TIITF) by quit claims deed. The quit claim deed includes continued public access. The public access terms are set forth in detail below and are covenants running with the land in perpetuity: 1. Public non-vehicular access to open water at the northern and southern terminus points of Old State Road 4A (Parcel ID: 00119720-000000) shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed in the area noted as "No Existing Bridge" as shown on Page 5 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 2. Public non-vehicular access to open water on Loop Road (Parcel ID: 00118910- Packet Pg. 2475 R.2 000000) shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed as shown on Page 10 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 3. Gate access is maintained at a minimum at current existing conditions as of the date of the execution of this deed for emergency services at the northern terminus point of Old State Road 4A (Parcel ID: 00118330-000000). The "metal gate northerly access" is depicted on Page 6 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 4. Public non-vehicular access shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed for pedestrian access on parcels one (1) and two (2) as legally described above. The property is leased and managed by the Florida Fish and Wildlife Conservation Commissioner (FWC). FWC's management plan has been to improve and increase appropriate passive recreational opportunities such as hiking, biking, birding, wildlife viewing,paddle boarding, snorkeling etc. The agenda item from 1/22/20 approving the conveyance is attached for reference Due to the conveyance Loop Road is no longer under the jurisdiction of the County and therefore 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 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: On January 22, 2020, the Board conveyed Loop Road to TIIFT. Approval to Advertise was approved by the Board at its March 17, 2021. CONTRACT/AGREEMENT CHANGES: N/A Packet Pg. 2476 R.2 STAFF RECOMMENDATION: Approve. DOCUMENTATION: Ordinance to revise Sec 19-6, 19-8 and 19-39 of the MCC Notice of Intent-Loop Rd Ordinance 122 20 Agenda Item Re Conveynance of Loop Road 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: Bob Shillinger Completed 05/03/2021 12:05 PM Christine Limbert Completed 05/03/2021 12:11 PM Purchasing Completed 05/03/2021 12:13 PM Budget and Finance Completed 05/03/2021 12:55 PM Maria Slavik Completed 05/03/2021 1:02 PM Liz Yongue Completed 05/03/2021 4:45 PM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg. 2477 R.2.a ORDINANCE -2021 c� AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING SECTION 19-6 AND °3 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- 2003 AND SECTION 19-6 REGARDING RIGHT-OF-WAY ON LOOP ROAD WHICH WAS ACQUIRED BY THE STATE OFCo FLORIDA; PROVIDING FOR REVISIONS TO RESTRICTION 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 MONROE COUNTY CODE OF ORDINANCES; AND 0 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 0 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 Co 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 W WHEREAS, 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 2 Services will authorize such closure so long as the maintenance of traffic (MOT) guidelines are c followed; and 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 E WHEREAS, 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; < Page 1 of 4 Packet Pg. 2478 R.2.a NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY ti COMMISSIONERS OF MONROE COUNTY, FLORIDA: 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+i e through tex � See�Occupation-"vzf--might o4'_.� T ay on o Road prohibited. Co b� No per-son &h4�-entef: upon, or-- UP014, fbQ rLabf-'af way of-Leop-Read off-sugar-leaf rrrvr- between stinset stiar-ise. A- of-Leer Reath i-,attaehed to-tle—a freer whieh thi-, n an ffla e a p wt Th;s� �; ,,, d o; not apply t o pleyoos � �ef� � meluding law o f - e ffi e t ^ems-wed sher-igs a f ee. T4+e-eatia�y a� alo a„ perse em Loop-Read fr-em sunset to- ems per-sons are to-be-there as-paFt-of-a*-er-gaaized event tsee-Pra-s-, *et--!ifn4ed te-, e-ar- er- e 2 events ori4c. nhar-i� events, and pr-ed .n4iens 0 (b)- The publie war4s-,aor�i-,dir-eeted-to-post-Loop-Read rs s-r-eadifig sub sta,tially as- LOOP OOP ROAD A D CLOSED SED TO PUB Tr• cT n mET TO SULMvdSE 0 CJ 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,-OHO tex4) 0 (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 county Co road, the Engineering Services Director is empowered and authorized by the Board of Counter 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. cn 0) SECTION 3: Section 19-39 Insurance and bonding shall be amended to read as follows: : (added 2 language is noted in underlined text and deleted language is noted in strike through tex 0 Page 2 of 4 Packet Pg. 2479 R.2.a Sec. 19-39. - Insurance and erg. ca rig wed in-a- eatia�yright f way- lieexses- c) serge a-S- i-, required b3� 449ar-90 County ^^rs*^ aie Gem 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 r- Director, the permit shall not be effective for any purpose whatsoever until the applicant, or his Co 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 W Department. Depending upon the scope of work to be performed in the right-of-way, the insurance requirements may be increased or decreased as is required by the county's risk administrator and 2 approved by the County's Risk Management Department. SECTION 4: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or 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 c conflict with this ordinance are hereby repealed to the extent of said conflict. 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 Co, amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system 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. 0) 9 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a 2 c regular meeting of said Board held on the 17st day of May 2021. Mayor Michelle Coldiron Mayor Pro Tem David Rice Commissioner Craig Cates Commissioner Eddie Martinez Commissioner Mike Forster Page 3 of 4 Packet Pg. 2480 R.2.a (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK Clerk OF MONROE COUNTY, FLORIDA By By As Deputy Clerk Mayor/Chairperson co co c c Page 4 of 4 Packet Pg. 2481 R.2.b NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 19,2021,at 1:30 P.M., or as soon thereafter as the matter may be heard, at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REVISING SECTIONS 19-6, 19-8 AND 19-39 OF THE MONROE COUNTY CODE. THE PROPOSED ORDINANCE WILL: (1) DELETE SECTION 19-6 PROVIDNG REGULATIONS FOR LOOP ROAD, WHICH co IS NO LONGER UNDER THE COUNTY'S JURISDICTION AS IT WAS ACQUIRED BY THE STATE OF FLORIDA; (2) REVISE SECTION 19-8 AUTHORIZING THE COUNTY ENGINEER TO ALLOW TEMPORARY SHORT-TERM CLOSURES WHEN NEEDED FOR RIGHT-OF-WAY y REPAIRS OR PROJECTS THAT NECESSITATE A TEMPORARY ROAD CLOSURE, AND; (3) REVISE SECTION 19-39 TO SET FORTH INSURANCE REQUIREMENTS FOR CONTRACTORS PERFORMING WORK ON THE COUNTY'S RIGHT-OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR 0 REPEAL OF ALL ORDINANCES INCONSISTENT '✓ HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND, PROVIDING FOR AN EFFECTIVE DATE. Please note that public participation in these meetings may be conducted via Communications Media 0 Technology ("CMT"). The connection information for members of the public who wish to attend or participate in the Public Hearing(s)via a Zoom virtual platform will be posted on the Monroe County website at @ htt ://inonroecountvfl.i in2.coin/Citizens/Default.as)x. 0 Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decides to appeal any decision U made by the Board with respect to any matter considered at such hearings or meetings,he will need a record z of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in these proceedings,please contact the County Administrator's Office, by phoning(305) 292-4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meetings;if you are hearing or voice-impaired, call "711': Live Closed-Captioning is available via our web portal @ Packet Pg. 2482 R.2.b Iatt ://moe�r oecor�e�ty .i m2.cor /Citizee�s/fie or�it.o x for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida, this 5'day of May, 2021. (SEAL) KEVIN MADOK,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida Publication Dates: 0 Key West Citizen:Wed.,05/05/2021 Keys Weekly: Thur.,05/06/2021 + News Barometer: Fri.,05/07/2021 CO 0 0 0 0 U Packet Pg. 2483 R.2.c i�` 4 ' ? "tr, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Michelle Coldiron,District 2 �1 nff _llll Ma or Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 U County Commission Meeting January 22, 2020 Agenda Item Number: R.4 Agenda Item Summary #6500 co BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 n/a W An AGENDA ITEM WORDING: A resolution by the Monroe County Board of County Commissioners authorizing the conveyance by quit claim deed to the Board of Trustees of the 0 Internal Improvement Trust Fund of Florida (TIITF) a Portion of the Right-Of-Way of Old State Road 4a and all of the Right-Of-Way of Loop Road; lying within Section 31, Township 66 South, Range 28 East, Government Lot 6; Section 6, Township 67 South, Range 28 East, Government Lots 3, 2, and 7; Section 7, Township 67 South, Range 28 East, Government Lots 2 and 4; Section 12, Township 67 South, Range 27 East, Government Lots 6 and 7; also a 50 Foot Strip known as Loop .� Road, Lying in Sugarloaf Key, Section 12, Township 67 South, Range 27 East, Government Lots 1, 0 2, 3, 5, and 7; Section 11, Township 67 South, Range 27 East; Monroe County, Florida. 0 0 ITEM BACKGROUND: Section 125.38, Florida Statutes, empowers the Monroe County Board of 4- County Commissioners (BOCC)to convey real property when requested by the United States, or any department or agency thereof, the state or any political subdivision or agency thereof, or any municipality of this state, or corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare and is not needed for county > purposes. 0 On June 25, 2019, the Planning and Environmental Resources Department received an application from the Board of Trustees of the Internal Improvement Trust Fund of Florida (TIITF) to abandon a portion of the right-of-way of Old State Road 4A and all of the right-of-way of Loop Road lying within Section 31, Township 66 South, Range 28 East, Government Lot 6; Section 6, Township 67 South, Range 28 East, Government Lots 3, 2, and 7; Section 7, Township 67 South, Range 28 East, �C Government Lots 2 and 4; Section 12, Township 67 South, Range 27 East, Government Lots 6 and 7; also a 50 foot strip known as Loop Road, lying in Sugarloaf Key, Section 12, Township 67 South, Range 27 East, Government Lots 1, 2, 3, 5, and 7; Section 11, Township 67 South, Range 27 East; of Monroe County, Florida. E By virtue of the right-of-way abandonment request above, TIITF has therefore requested a conveyance of the property described above from the County to the State of Florida. Based on < Section 125.38, F.S., staff has determined that conveyance by quit claim deed would be an Packet Pg. 2484 R.2.c appropriate method of transfer, rather than conveyance by right of way abandonment. This process would permit the County to insert conditions to maintain public access as deed restrictions that may have been subject to challenge if the right of way was abandoned. All properties abutting the requested right-of-way of Old State Road 4A and Loop Road are owned by the TIITF; the properties are leased and managed by the Florida Fish and Wildlife Conservation Commission (FWC). The request is being made in order to be consistent with FWC's management c plan and will improve and increase appropriate passive recreational opportunities such as hiking, biking, birding, other wildlife viewing,paddle boarding, snorkeling, and nature photography. Subject portions of the rights of wa are indicated in red below , g,w " a rr fir wamI ` t{!t} +r7 i{m Cb 0 r d zl 0 }I ! r 0 � R 4 f � J I tr � J r, ��r4j �+ p r X a � its S t ti 4 0 Pff kl a LL On September 18, 2019 (setting public hearing), October 16, 2019, and November 20, 2019, the BOCC discussed the proposed right of way abandonment. In the course of these discussions, the BOCC requested that deed restrictions be enacted that would ensure that the existing non-vehicular public access be maintained for recreational use. In lieu of a right of way abandonment, the proposed quit claim deed would include the following restrictions to satisfy these requests: 1. Public non-vehicular access to open water at the northern and southern terminus points of Old State Road 4A (Parcel ID: 00119720-000000) shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed in the area noted as "No Existing Bridge" as shown on Page 5 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott Packet Pg. 2485 R.2.c R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 2. Public non-vehicular access to open water on Loop Road (Parcel ID: 00118910-000000) shall be maintained at a minimum at current existing conditions as of the date of the execution of this deed as shown on Page 10 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. c 3. Gate access is maintained at a minimum at current existing conditions as of the date of the execution of this deed for emergency services at the northern terminus point of Old State Road 4A (Parcel ID: 00118330-000000). The "metal co gate northerly access" is depicted on Page 6 of 10 of the Boundary Survey (Attachment B) signed and sealed by Scott R. Urquhart, Professional Surveyor and Mapper, Cardno, dated May 31, 2019. 4. Public non-vehicular access shall be maintained at a minimum at current 0) An existing conditions as of the date of the execution of this deed for pedestrian access on parcels one (1) and two (2) as legally described above. 2 0 5. Items A through D shall be a covenant running with the land in perpetuity. PREVIOUS RELEVANT BOCC ACTION: 9/18/19 BOCC approval of Resolution No.071-2019 setting hearing date for ROW 0 abandonment 10/16/19 (R3) BOCC continued the public hearing to BOCC 11/20/19 in Key West, FL at 1:30 0 P.M. or as soon thereafter as may be heard CONTRACT/AGREEMENT CHANGES: n/a c STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution Quit Claim Deed with Restrictions for Loop Rd and Old State Rd 4A_FINAL DRAFT 11.18.19 Attachment A to deed FINANCIAL IMPACT: Effective Date: Expiration Date: Packet Pg. 2486 R.2.c Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: c Estimated Ongoing Costs Not Included in above dollar amounts: "? Revenue Producing: If yes, amount: Grant: co County Match: Insurance Required: N/A Additional Details: w REVIEWED BY: Emily Schemper Completed 01/14/2020 3:43 PM Steve Williams Completed 01/14/2020 4:16 PM Bob Shillinger Completed 01/14/2020 4:40 PM Maureen Proffitt Completed 01/14/2020 4:43 PM W Assistant County Administrator Christine Hurley Skipped O1/14/2020 6:03 PM Budget and Finance Skipped 01/14/2020 4:55 PM 0 Maria Slavik Skipped 01/14/2020 4:55 PM Kathy Peters Completed 01/14/2020 6:03 PM 0 Board of County Commissioners Completed 01/22/2020 9:00 AM 0 cv cv cv Packet Pg. 2487