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05/13/1999 Regular - 99/175 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, May 13, 1999 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date, at the Key Largo Library. 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; Isabel C. DeSantis, Deputy 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 Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval of Additions, Corrections and Deletions to the Agenda. 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. COUNTY ADMINISTRATOR Brad Loar, Branch Chief of the Federal Emergency Management Agency (FEMA) made a presentation to the Board of County Commissioners in reference to the proposed Rule as proposed to be published in the May 5, 1999 Federal Register. - The Board accepted public input with the following individuals addressing the Board: Ralph Tallent, Kim Works, representing the Key West Chamber of Commerce; H.T. pontin, - /LevIs "on 99/176 George Geisler, representing Islamorada, Village of Islands; Dani Van Cleave, Mike DesParte, Florida Keys Planning Manager for the Department of Community Affairs; Charles Speights, Director of Emergency Management for the Department of Community Affairs; Joseph Myers, Community Programs Administrator for the Department of Community Affairs; and Diane Bair, Monroe County FEMA Coordinator. Mr. Loar indicated to the Board that FEMA would be accepting comments on the proposed Rule until July 6th and that FEMA would need approximately four (4) months to review the comments and that there would be a forty-five (45) day waiting period for the Rule to go into effect. COMMISSIONERS' ITEMS commissioner williams discussed with the Board the release of permits for the removal of illegal downstairs enclosures. Growth Management Director Tim McGarry and Department of Community Affairs Planning Manager for the Florida Keys, Mike DesParte addressed the Board. After discussion, motion was made by Commissioner williams and seconded by Commissioner Freeman directing Staff to prepare a report for the June 9, 1999 Board of County Commissioner's meeting in Marathon which provides an estimate of the 3000 habitable downstairs enclosures being used for affordable housing and an estimate of the number counted as housing units in the number used to determine the current ROGO allocation. Roll call vote was unanimous. PUBLIC HEARING The continuation of a Public Hearing from May 12, 1999 was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Vested Rights Determination promulgated by the Hearing Officer, In Re: The application of Patricia A. Saltzman. There was no public input. County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner williams to adopt the following Resolution. 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. 206A-1999 ~ See Res. Book No. 142 which is incorporated herein by reference. - 99/177 nrvrsrON OF COMMUNrTY SERVrCES Acting Airport Director, Edward Sands; County Attorney James T. Hendrick; and County Administrator James Roberts addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Mayor Harvey granting approval of award of bid to Rovel Construction for reconstruction of the roof of a 4-bay hangar at the Marathon Airport, and approval for the Mayor to execute contract, upon review by the County Attorney. Roll call vote was taken with the following results: Commissioner Freeman No Commissioner Neugent Yes Commissioner Reich Yes Commissioner Williams Yes Mayor Harvey Yes Motion carried. * This item is reconsidered later in the meeting and approved unanimously. See minutes Pg. 99/179. - CONSENT AGENDA I BULK APPROVALS H.T. pontin and County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval and authorizing execution of a Joint Participation Agreement (JPA) between Monroe County and Florida Department of Community Affairs and Florida Department of Transportation to fund and implement a Habitat Conservation Plan (HCP) for Big pine and No Name Keys. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey No Motion carried. Growth Management Director Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the following two items: - Affordable Housing Deed Restriction submitted by James T. Johnson. The applicant receiving a dwelling unit allocation award for the year ending July 13, 1999, has filed the document in accordance with Ordinance No. 16-1992. 99/178 Affordable Housing Deed Restriction submitted by Phil Embry and one Restrictive Covenant from Tillman & Patricia Wood to have one dwelling unit on four contiguous lots. The applicants receiving dwelling unit allocation awards for the year ending July 13, 1999, have filed the documents in accordance with Ordinance No. 16-1992. Roll call vote was unanimous. GROWTH MANAGEMENT Growth Management Director Tim McGarry updated the Board on the following items: Rule change for Comprehensive Plan; Settlement Agreement with the City of Key West concerning ROGO units; Internal changes for the Growth Management Division; and the state Building Commission. County Attorney James T. Hendrick updated the Board on legal issues as written in the memorandum dated May 12-13, 1999 from attorney Karen K. Cabanas of the firm of Morgan & Hendrick. - Mr. McGarry discussed the consideration for alternative programs for utilizing up to $1.2 million in grant and County funds to finance cesspit replacement between now and 13 July 2000 (end of ROGO year). Said memorandum dated May 5, 1999 to the Board of County Commissioners from George Garrett, Director of Marine Resources concerning the options for cesspit replacement program, is incorporated herein by reference. COMMISSIONERS' ITEMS Mayor Harvey discussed approval from the Board of County Commissioners to pay for six (6) 24" wreaths fol':" the Harvey Government Center. No official action was taken. Mayor Harvey discussed issues concerning the translator. After discussion, motion was made by Mayor Harvey and seconded by Commissioner Neugent to not turn off the translator until June 30, 1999 subject to electricity only. County Administrator James Roberts; County Attorney James T. Hendrick; and Communications Director Norm Leggett addressed the Board. Roll call vote was unanimous. - Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the BOCC to waive permit fees for demolition to various unsafe structures in the Lincoln Manor and Marathon Beach areas. Motion carried unanimously. - REVISED 99/179 COUNTY ADMINISTRATOR County Administrator James Roberts reported to the Board - Public notice of the first "Town Meeting" concerning Growth Management issues; May 27, 1999, 6:00 P.M., Marathon Government Center. Mr. Roberts reported to the Board - Public notice of Special BOCC meeting concerning major budget issues; May 24, 1999, 9:00 A.M., The Harvey Government Center at Historic Truman School. Mr. Roberts discussed a letter from Mr. Caputo concerning his request to be on the Sounding Board at the May 12, 1999 County Commissioner's meeting. Commissioner williams excused herself from the meeting. ,- Mr. Roberts discussed a letter dated May 11, 1999 from the State of Florida Department of Highway Safety and Motor Vehicles concerning the relocation of the Driver License office. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent authorizing staff to request the Department of Transportation to construct a sign on driver license property concerning the Key West golf course. Motion carried unanimously, with Commissioner Williams not present. * Commissioner Williams returned to the meeting. DIVISION OF COMMUNITY SERVICES Motion was made by Commissioner Williams and seconded by Commissioner Neugent to reconsider Agenda item G.2 concerning the approval of award of bid to Rovel Construction for reconstruction of the roof of a 4-bay hangar at the Marathon Airport, and approval for the Mayor to execute contract, upon review by the County Attorney. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval of the item. Roll call vote was unanimous. COUNTY ADMINISTRATOR County Administrator James Roberts reviewed with the Board financial documents as prepared by the Office of Management and Budget. ~ 99/180 COUNTY ATTORNEY County Attorney James T. Hendrick reported to the Board on the following items: Criminal cost containment report; Higgs (Monroe County Property Appraiser) v. the Value Adjustment Board; and Naubereit v. Hendrick, Paros, Roberts. PUBLIC BEARINGS The continuation of the Public Hearing from the May 12, 1999 meeting was held concerning approval of a Workers' Compensation settlement in the amount of $122,734.23, inclusive of attorney's fees. Mr. Hendrick and Mr. Roberts addressed the Board. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval of the item. Motion carried unanimously. COUNTY ADMINISTRATOR ~ Motion was made by Commissioner Williams and seconded by Commissioner Reich to adopt the following Resolution assigning the Code Enforcement Department to the Division of Growth Management. Motion carried unanimously. RESOLUTION NO. 207-1999 See Res. Book No. 142 which is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Freeman discussed with the Board traffic enforcement on the 18 Mile Stretch. Motion was made by Commissioner Freeman and seconded by Commissioner Williams directing the County Administrator to prepare a letter for the Mayor's signature to Governor Jeb Bush strongly requesting traffic enforcement on the 18 Mile Stretch, citing the lack of enforcement, the history of accidents and replacement of personnel. 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. -- Clerk to the Board of County Commissioners of Monroe County .Jh:,~ c:. ~)d~ Isabel C. DeSantis~ Deputy Clerk - 99/181