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07/22/1999 Regular .- 99/259 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, July 22, 1999 Key West, Florida .- A Regular Meeting of the Monroe County Board of County commissioners convened at 9:00 A.M., on the above date, at the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; James T. Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Commissioner Reich discussed costs associated with the firm of Kreines & Kreines concerning a presentation by Mr. Ken Kreines, AICP, President concerning wireless communications. The Board took no official action. Motion was made by Commissioner by Commissioner Freeman granting approval Corrections, and Deletions to the Agenda. unanimously. Williams and seconded of Additions, Motion carried GROWTH MANAGEMENT BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Freeman granting approval of the following items by unanimous consent: - Board granted approval of one Affordable Housing Deed Restriction from Lorraine & Jesus Manuel Castillo, Sr. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the document in accordance with Ordinance 016-1992. ~ 99/260 Board granted approval for the transfer of two buildable lots from Scott C. & Joanne V. Cates and John Maxwell & Donna L. Herlong to Monroe County. The applicants receiving a dwelling unit allocation awards for the year ending July 13, 1999 have filed the documents in accordance with Ordinance 016-1992. Board granted approval for the transfer of three buildable lots from Peter Hindes, Jesus & Margarita Monteagudo, and Omelio & Delia Ochoa to Monroe County by Warranty Deeds. The applicants receiving a dwelling unit allocation awards for the year ending July 13, 1999 have filed the documents in accordance with Ordinance 016-1992. Board granted approval for one Affordable Housing Deed Restriction from Bob Holeman. The applicant receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the document in accordance with Ordinance 016-1992. ---- Board granted approval for the transfer of one buildable lot from John Mannix to Monroe County by Warranty Deed. The applicants receiving a dwelling unit allocation awards for the year ending July 13, 1999 have filed the documents in accordance with Ordinance 016-1992. Board granted approval for the transfer of two buildable lots from John Matthew Sellers and Jesus & Margarita Monteagudo to Monroe County by Warranty Deeds. The applicants receiving a dwelling unit allocation awards for the year ending July 13, 1999 have filed the documents in accordance with Ordinance 016-1992. Board granted approval for the transfer of one buildable lot from Frederick A. and Elizabeth H. Zydeck to Monroe County by Warranty Deed. The applicants receiving a dwelling unit allocation awards for the year ending July 13, 1999 have filed the documents in accordance with Ordinance 016-1992. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2947 located in Key Largo, Monroe county. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2718 and DV03A2764 located in Marathon and Key Largo, Monroe County. ~ Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV3A2939 located in the North West ---- 99/261 Channel off of Key West. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Adventure Towing for the removal of derelict vessels, Marathon area, for 1999. Board granted approval of a Grant of Conservation Easement for Lot 3, Block 4, Pamela Villa, Key Largo, between Rand and Kim Newman and Monroe County. The Real Estate Number is 004642700-000000. Board granted approval to advertise an Ordinance amending Sec. 6-107(a), Monroe County Code, by adopting the 1999 Edition of the National Electric Code as the Code applicable in the unincorporated areas of Monroe County, Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. ~ Board adopted the following Resolution replacing Resolution No. 121-1995 to clarify building, flood and wind design standards for County-owned and maintained buildings. RESOLUTION NO. 347-1999 See Res. Book No. 143 which is incorporated herein by reference. Board granted approval for the transfer of one buildable lot from Todd W. and Nora D. Jones to Monroe County by Warranty Deed. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the document in accordance with Ordinance No. 016-1992. Board adopted the following Resolution approving an exemption from the nonresidential permit allocation system, pursuant to Policy No. 101.3.4 of the Year 2010 Comprehensive Plan, for the Island Community Church, Inc. to construct 3,277 square feet for a second floor to the Island Christian School at 14-125th Street (Gulf) on property described as Government Lot 3, Section 5, Township 66S, Range 33E, Fat Deer Key, Monroe County, Florida, at approximately Mile Marker 53.5. The real estate identification number is 00100540-000000. RESOLUTION NO. 348-1999 See Res. Book No. 143 which is incorporated herein by reference. Board granted approval for the Transfer of one .~ buildable lot from David and Virginia Davis to Monroe County by Warranty Deed. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the ~ 99/262 document in accordance with Ordinance No. 16-1992. Board granted approval for the transfer of one buildable lot from Robert and Maria Hirsch and Thomas and Carrie Ryan to Monroe County by Warranty Deed. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the document in accordance with Ordinance No. 16- 1992. Board granted approval for the Transfer of three buildable lots from R & C Partners, Limited, a Florida Partnership, Alex & Lynn E. Tejeda, and Michael J. and Marguerite L. Clark to Monroe County by Warranty Deed. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the documents in accordance with Ordinance No. 16-1992. ----- Board granted approval for one Restrictive Covenant from Angela K. Reynolds to have one dwelling unit on two contiguous lots. The applicant receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the documents in accordance with Ordinance No. 16-1992. Board granted approval for the transfer of one building lot from Dean and Lauren Thompson to Monroe County by Warranty Deed. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the document in accordance with Ordinance No. 16-1992. Board granted approval for the transfer of three buildable lots from George and Mary Ridgeway to Monroe County by Warranty Deeds. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed documents in accordance with Ordinance No. 16-1992. Board granted approval for a Deed Restriction from Ray and Linda Ward, restricting the owners to having one dwelling unit on two contiguous lots. The applicants request permit for an accessory use on vacant contiguous lot in accordance with Monroe County Code, Section 9.5-4(a-2). DIVISION OF GROWTH MANAGEMENT ~ Board granted approval and authorized execution of a Memorandum of Understanding (MOU) between Monroe County and the Florida Department of Community Affairs (DCA) setting interim standards for development in disturbed wetlands. ~ 99/263 COUNTY ATTORNEY Board adopted the following Resolution rescinding an Interlocal Agreement with the City of Key West for the collection of Occupational License Tax. RESOLUTION NO. 349-1999 See Res. Book No. 143 which is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Florida Keys Outreach Coalition. Board granted approval and authorized execution of an Amendment to Agreement for Florida Keys Electric Cooperative. Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of a 7.78 wide alley in Anglers Park, Key Largo, Florida. ~ RESOLUTION NO. 350-1999 See Res. Book No. 143 which is incorporated herein by reference. Board granted approval to advertise an Ordinance to be known as the Monroe County Price Gouging Ordinance; Providing for geographic applicability; Providing for authority; Providing for purpose; Providing definitions; Providing for prohibitions against price gouging during a locally declared emergency; Providing for enforcement, Providing for severability; Providing for repeal of laws in conflict; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West allowing for the construction of a new building at Jackson Square up to 55 feet without a variance or referendum being required. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval to cancel the Contract -- Agreement between Monroe County and Key West Towing-Road One for the removal of derelict vessels in Zone 1 (Lower Keys) and approval to enter into a new Contract Agreement between Monroe Revl5 ion. ..- 99/264 County and Arnold's Towing for the same project. unanimously. Motion carried DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry reported to the Board on the following items: Permitting and Code Enforcement records belonging to the Village of Islamorada that Monroe County still has in their possession; a meeting of the Blue Ribbon Housing Committee scheduled for July 30, 1999 at 10:00 A.M. at the Marathon Government Center; the Commercial Moratorium which still exists in Monroe County, and procedures for variances for accessory buildings and residential dwellings. Mr. McGarry updated the Board on the Dodge Lodge project and discussed the permitting procedure. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent that before any future permitting is allowed on Dodge Lake that a site visit be conducted individually. County Administrator James Roberts and Mr. Hendrick addressed the Board. Roll call vote was unanimous. ,- Mr. McGarry also discussed the ROGO process and cesspits credits. The Board also discussed liens and the recording of deeds upon sale of a house whereby an escrow account ~ could be established for the purpose of setting aside funds to help pay for cesspit replacement. MISCELLANEOUS BULK APPROVALS Anna Marie Hartman of the Environmental Protection Agency addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval and authorizing execution of an Interagency Compact Agreement for the Integrated Management of the Florida Keys National Marine Sanctuary. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. PUBLIC HEARINGS -- A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: the Application of James A. Flenner. Attorney Charles - 99/265 Netter, representing the applicant addressed the Board. County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolution, as amended by the County Attorney. Said amendment as follows: Add the following sentence after the first paragraph under the BE IT RESOLVED section in the Resolution: Jurisdiction is reserved to award applicant the ten (10) Transferrable Development Rights to which applicant was entitled under the Pre-1986 LDRs in the event that the property's value cannot be agreed between the Authority and the Applicant. Roll call vote was unanimous. - RESOLUTION NO. 351-1999 See Res. Book No. 143 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Hearing Officer, In re: The application of Michael Gilbert and Bill Lemon, d/b/a Four Star Equipment Rentals. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adopt the following Resolution. Roll call was unanimous. RESOLUTION NO. 352-1999 See Res. Book No. 143 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance repealing Chapter 15.5, Monroe County Code and creating a new Chapter 15.5, Monroe County Code, Providing for applicability; Providing for unknown On-site Sewage Treatment and Disposal Systems (OSTDS) Inspection and Compliance Procedures; Providing for fees; Providing for enforcement; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Growth Management Director Tim MCGarry addressed the Board. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to adopt the following Ordinance, as corrected. Said correction as follows: - Page 5 (C) (2), Replace the word "Chapter" with the word "Section". Roll call vote was unanimous. ~ 99/266 ORDINANCE NO. 031-1999 See Ord. Book No. 52 which is incorporated herein by reference. A Public Hearing was held concerning a Settlement Agreement between the City of Key West, Monroe County and the Florida Department of Community Affairs (DCA). Mr. Hendrick addressed the Board. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the item. Roll call vote was unanimous. COUNTY ADMINISTRATOR Deborah Murphy, representing URS Greiner discussed with the Board the Federal Aviation Administration response concerning the Noise Compatibility Program (NCP) for the Key West International Airport. Monroe County Airport Director Peter Horton also discussed with the Board the Ad Hoc Committee on airport noise. The Board took no official action. ~ DIVISION OF GROWTH MANAGEMENT Marine Resources Director George Garrett discussed with the Board the cesspool replacement program. The Board accepted the memorandum for the Growth Management Litigation Report from Attorney Karen K. Cabanas of the firm Morgan & Hendrick, dated July 21 & 22, 1999. Mr. Hendrick discussed the proposed extension of a Transition Agreement with ISlamorada, Village of Islands. Capt. Mills, representing Keys Wide Civic Association discussed the transcript of the case before the Career Service Council concerning Marty Arnold. Mr. Roberts addressed the Board. PUBLIC WORKS ~ The Board discussed approval to accept Lodge Construction, Inc. as the lowest bidder for the Gato Building Renovation project, contingent upon the Office of Management & Budget, Risk management, and County Attorney approval, and pending budget approval. The Clerk read into the record a letter from Pedro Falcon, Electrical & General Contractors. Monroe County Construction Manager Steve Piazza and Architect Bert L. Bender of Bender & Associates Architects addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of Staff recommendation to award the bid to Lodge Construction, Inc. in the amount of $4,334,000 (total cost = base bid less alternates #1, #2, #4, #7 ~ 99/267 and #8) as the lowest responsive bidder for the Gato Building Renovation project, contingent upon the Office of Management & Budget, Risk Management, and County Attorney approval, and pending BOCC approval for next year's fiscal year's budget. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams No Mayor Harvey Yes Motion carried. COUNTY ADMINISTRATOR ~ Gary Hallas, representing Exclusive Sports Marketing/ publix Family Fitness Weekend addressed the Board concerning their request for Temporary Closing/Special Use of State Road. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Williams to continue to the Key Largo meeting scheduled for August 11 and 12, 1999 if the applicant chooses to make their presentation then. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Code Enforcement Director Tom Simmons updated and presented his report dated June 30, 1999 concerning status of enforcement of the Vacation Rental Ordinance. Mills, representing Keys Wide civic Association; Eugene Shinkevich, representing Florida Keys Citizens Coalition, and Eugene Paxton addressed the Board. Mr. Hendrick also addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams to go the criminal route as opposed to the civil route on enforcement of the Vacation Rental Ordinance. Roll call vote was taken with the following results: the Board the Capt. ~ Commissioner Freeman No Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey No Motion failed. Commissioner Williams excused herself from the meeting. Motion was then made by Commissioner Freeman and seconded by Commissioner Reich to reconsider the above item. - 'RQ,\J i 5 \ on. 99/268 Motion carried unanimously, with Commissioner williams not present. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to go the criminal route as opposed to the civil route on enforcement of the Vacation Rental Ordinance. Commissioner Williams returned to the meeting. Roll call vote was unanimous. Mr. McGarry and Acting Director of Environmental Resources Ralph Gouldy addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolution creating the Monroe County Environmental Restoration Fund, an account within the budget of the Monroe County Planning, Zoning and Building District. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes - Motion carried. RESOLUTION NO. 345A-1999 See Res. Book No. 143 which is incorporated herein by reference. -'+ COUNTY ADMINISTRATOR Mr. Roberts discussed with the Board the date for the next quarterly Town Hall meeting. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to hold a Quarterly Town Hall meeting on Tuesday, August 10, 1999 at 7:00 P.M. at the Key Largo Library. Motion carried unanimously. Mr. Roberts discussed with the Board the Florida Keys Mosquito Control District control report. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to agenda the report for the September 9, 1999 regularly scheduled BOCC meeting in Marathon. Motion carried unanimously. Commissioner Freeman indicated to the Board that the TDC report on the impact on tourism would be ready for presentation at the August 10, 1999 BOCC meeting in Key Largo. - Motion was made by Commissioner Neugent and seconded by Commissioner Freeman granting approval to hold an Airport Open House to showcase the Marathon Airport Terminal, on August 21 and 22, 1999. Motion carried unanimously. COUNTY ATTORNEY - 99/269 Mr. Hendrick addressed the Board concerning legislation that allows tax refunds for hurricane damaged property and indicated that the County's liability could be between $45,000 and $50,000. He advised that the Tax Collector recommended that he be allowed to obtain funding for these refunds from his excess fees which would be due to the Board. Motion was made by Commissioner Freeman and seconded by Mayor Harvey authorizing the Tax Collector to take any refunds made for damages resulting from Hurricane Georges from his excess fees which would be due the Board of County Commissioners. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Mayor Harvey granting approval and authorizing execution of an Agreement for Training/Testing between Monroe County and Country Health Associates to provide training to their employee to drive school buses for evacuation purposes. Roll call vote was unanimous. -- Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval to advertise an Ordinance creating Section 16.21.2, Monroe County Code, in order to require that public or private utilities undertaking new construction in the County right-of-way of Loop Road, Mainland, Monroe County must first obtain permits from the State and Federal Agencies having jurisdiction over such wetlands or submerged land; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Commissioner Freeman excused herself from the meeting. Roll call vote was unanimous, with Commissioner Freeman not present. Commissioner Freeman returned to the meeting. MISCELLANEOUS BULK APPROVALS Mr. Horton addressed the Board and disseminated to the Board, per their request, a copy of the document entitled Monroe County Aviation Department Marathon T-Hangar Feasibility study, URS Greiner Contract No. C50003623.16, prepared for Marathon Airport dated March, 1999, Prepared by URS Greiner Miami, Florida. Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval of URS Greiner Woodward Clyde Purchase Service Order to prepare a Major Conditional Use Amendment for development of the Aircraft Hangar Project at the Marathon Airport. Roll call vote was unanimous. -- Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval of URS Greiner Woodward .-. 99/270 Cldye Purchase Service Order to prepare a Major Conditional Use Amendment to permit the development of a Fire/ARFF Building, FBO Fuel Facility, Apron Expansion, Service Road, and Sheriff and Fixed Base Operator hangars at the Marathon Airport. Roll call vote was unanimous. COMMISSIONERS' ITEMS Mr. Hendrick addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Neugent to adopt the following Resolution, as amended, reaffirming support for insurance inspections as the primary method of determining NFIP compliance and requesting Federal Legislation grandfathering Pre- 1995 nonconforming primary residential structures. Said amendment as follows: Add Section 2. (d) the retention of the below-BFE improvements does not negatively impact the structural integrity of the building. ..- Add Section 3. This is not a zoning regulation and shall not be construed as a waiver or modification of any land development regulation or policy. Roll call vote was unanimous. Eugene Shinkevich addressed the Board. RESOLUTION NO. 346-1999 See Res. Book No. 143 which is incorporated herein by reference. PRESENTATIONS A Presentation was given by Ted Kreines, AICP, President of Kreines & Kreines, Inc., concerning wireless communications. Comprehensive Planner Chad Meadows and David Freeman addressed the Board. The Board took no official action. -- Mr. Horton discussed the Highway Patrol Office formerly located at the Key West International Airport and its present location on the right of way of US 1 on Stock Island. He advised the Board that the Tax Collector has indicated that he would assist the County to get the State of Florida to make rental paYments for the Highway Patrol Office at its former location at the Key West International Airport. Motion was made by Commissioner Neugent and seconded by Reich to reconsider Agenda item 0-7 concerning the approval to advertise request for proposals to lease property at the Key West International Airport (FHP/Drivers License Building) for a limited term of 1 to 3 - 99/271 years. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to rescind the Board's prior approval of Agenda item D-7 and to direct Mr. Horton to proceed to relocate the Highway Patrol Driver's License office to the former site at the Key West International Airport based upon a written promise to pay rental at the fair market rate of $27,000 per year. Roll call vote was unanimous. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ,,- ~~ Q. ~~~ Isabel C. Desantis Deputy Clerk -