Item H6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2012 Division: Growth Mana ement
Bulk Item: Yes X No _ Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Joe Haberman,
Christine Hurlev 289-2500
AGENDA ITEM WORDING: Permission to advertise an ordinance establishing Monroe County
Code Section 19-8, restriction on use of county roads, providing a procedure to limit access to public
roads.
ITEM BACKGROUND: This ordinance codifies the criteria and process to be used by the County to
restrict or limit vehicular and pedestrian access or the number of hours of use by the general public of a
county road that is within the jurisdiction of Monroe County. This ordinance includes a provision for
notice to persons within 300 feet, posting of the property and a public hearing. The current process is
not codified.
PREVIOUS RELEVANT BOCC ACTION:
November 17, 2010: BOCC provided staff within Growth Management, Public Works and Emergency Services
with direction regarding the establishments of a process to close or open ends of county roads.
The BOCC has reviewed proposed road closures in the past; below are four examples of the
BOCC working with Public Works Division to Closer roads:
May 19, 2010: A public hearing was held to consider adoption of a resolution closing the extension of Kay
Drive, north of the intersection of Kay Drive and Avenue D, from sunset to sunrise, in Key Largo. There had
been complaints about misuse occurring at the extension of the Kay Drive right of way. Closing the area from
sunset to sunrise and posting signage to this effect will assist the Sheriffs Office in helping to end or diminish
misuse of this area. The request was approved, as memorialized in Resolution 146-2010.
February 17, 2010: A public hearing was held to consider a request was received from the County's Land
Steward, Beth Bergh, to close a portion of Mariposa Road to vehicular access due to illegal dumping and misuse
of the property.
October 21, 2009: A public hearing was held to consider a request was received from the County's Land
Steward, Beth Bergh, to close a portion of Richard Road to vehicular access due to illegal dumping and misuse
of the property.
October 17, 2007: A public hearing was held to consider a request was received from the County's Land
Steward, Beth Bergh, to close Barataria Road to vehicular access due to illegal dumping and misuse of the
property. All the platted lots on the east side of the road are currently in public ownership (either Monroe
County or the State of Florida) and the platted lots on the west side of Barataria Road are submerged lands that
are privately owned.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2812
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 19-89, RESTRICTION ON USE OF
COUNTY ROADS; PROVIDING A PROCEDURE TO LIMIT
ACCESS TO ROADS DEDICATED TO PUBLIC USE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is within the powers of the county to regulate county roads; and
WHEREAS, the Board of County Commissioners finds that there should be more public process
and involvement when a public road is to be limited in its use; and
WHEREAS, this ordinance codifies the criteria and process to be used by the County to limit
vehicular and pedestrian access to, or hours of use for, a public road that is within the jurisdiction
of unincorporated Monroe County;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 19-8 shall be established as follows (deletions are stFiekea 4w and
additions are underlined :
Sec.19-8. Restriction on use of cognly roads.
a Generall X. For the Purposes of this section a restriction on the use of a coup road is the
limiting of vehicular or edestrian access or the limitation on hours of use by the general public
of a county road that is dedicated to the public, or a county road used by the public, whether
paved or unpaved, within the jurisdiction of unincorporated Monroe County. The restricted
portion of the road shall remain a county road. Further, the restriction shall not constitute
abandonment and the road may be reopened for vehicular or pedestrian traffic access and/or use
of the general public at a future time.
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Process for restricting the use of a pyblic road. Restricted access to a p1iblic road or a
segment thereof, may be requested by the county commission, the county administrator, or
ancopaty division or department and processed as follows:
(1) The proposed restricted access shall be reviewed and decided by maiority vote of the
board of county commissioners at a public hearing:
(2) A road restriction shall be requested in writing to the director of the division of public
works.
(3) A public hearing shall be scheduled after the division of public works director, director of
engineering services, director of emergency services and any utility provider that may be
affected by the restriction have been notified_ and indicate that they have no objection.
(4) Ninety (90) days prior to the public hearing, the public works department shall request
that the gowth management division provide written notice of the proposal to all
affected property owners and surrounding property owners located within 300 feet of the
entire road segment to be restricted. For purposes of this subsection, an affected property
owner is the owner of property which, if the _road _is restricted, will have pedestrian or
vehicular access directly from his property eliminated. The notice_ shall meet the
following requirements:
a. Every notice shall include the date, time and place of the public hearing before the
board of county commissioners, the location of the road and the type of access
proposed to be changed or restricted, and contact information for the county.
b. Notice of the public hearing shall be mailed by the growth management division to all
affected property owners and surrounding_ property owners as listed in the Monroe
County Proverty Appraiser's records at least 15 da s prior to the date of the public
hearing.
c. The area adjacent to or on the road shall be posted in an area visible to the public with
at least two 18" b. 2�gns at least 15 days before the hearing by public works staff.
A photograph of the sign in place with the date of posting on it and a notarized
affidavit by the em to ee dated the same day as the posting shall be proof that the
posting was done.
c) Process for removal of restriction. The removal of the restriction on a previously restricted
public road, or a segment thereof, may be requested by the board of county commissioners,
the county administrator, or any county division or department as follows_
(1) The removal of the restriction shall be reviewed and decided upon by the board of county
commissioners at a public hearing
(2) Notice and procedure shall be done in the same manner as for road restrictions.
d Exemptions. Emergency road restrictions for safety, investigative or other emergencyemergengy related
purposes shall be exempt from the process provided in subsection (b).
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
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confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Filing and Effective Date.
This ordinance shall be filed in the Office of the Secretary of the State of Florida and shall
become effective as provided by law.
Section 5. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By By
Deputy Clerk Mayor David Rice
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