01/20/2000 Regular�2000/23
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Thursday, January 20, 2000
Key West, Florida
A Regular meeting of the Monroe County Board of County Commissioner's convened at
9:00 A.M., on the above date in the Harvey Government Center at Historic Truman School.
Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner George
Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams, and Mayor Shirley
Freeman. 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Williams and seconded by Neugent granting approval
of Additions, Corrections, and Deletions to the Agenda. Roll call vote was taken with the
following results:
Motion carried.
Commissioner Harvey
Yes
Commissioner Neugent
Yes
Commissioner Reich
No
Commissioner Williams
Yes
Mayor Freeman
Yes
BULK APPROVALS
Motion was made by Mayor Freeman and seconded by Commissioner Reich to approve
the following items by unanimous consent:
Board granted approval for the transfer of one buildable lot from Gary Moore to Monroe
County by Warranty Deed, permit number 99-1-0289 described as Lot 10, Block 9, Kinercha
r Subdivision, Big Pine Key. The applicant receiving a dwelling unit allocation award for the year
ending July 13, 2000, has filed the document in accordance with Ordinance No. 16-1992.
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r Board granted approval for the transfer of one buildable lot from Jack E. & Joyce M.
Sweeting for Daniel Murray to Monroe County by Warranty Deed, permit number 99-1-1921
described as Lot 1, Block 55, Sands Subdivision, Big Pine Key. The applicant receiving a
dwelling unit allocation award for the year ending July 13, 2000, has filed the document in
accordance with Ordinance No. 16-1992.
Board granted approval and authorized execution of an Amendment to the Joint
Participation Agreement between the Florida Department of Transportation, Department of
Community Affairs and Monroe County regarding the development of a Habitat Conservation
Plan on Big Pine and No Name Keys.
Board adopted the following Resolution approving a Conservation of Easement which
was required pursuant to a previously approved settlement agreement for a parcel of land in
Section 29, Township 66 south, Range 28 East, lying West of the State Road, Monroe County,
Florida as described in the attached Exhibit A, pages 1, 2, and 3 between Monroe County and
Frank Dirico. Said Exhibit is incorporated herein by reference.
RESOLUTION NO. 038-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution authorizing a transfer from existing Boating
Improvement account number 157-62551-530-340 to account number 157-62566-530-340 in the
amount of $14,000.00 for the removal and disposal of derelict vessels in the Marathon area,
increasing the project amount from $23,984.72 to $37,984.72.
RESOLUTION NO.039-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key West to provide terms for joint participation in the purchase
and installation of a pump out facility at the Key West Bight.
Board granted approval and authorized execution of Amendment No. 3 between Monroe
County and CH2MHill to complete the Sanitary Wastewater Master Plan.
Board granted approval of Stormwater Grant Application to the State's Water Advisory
Panel, jointly produced by the South Florida Water Management District and Monroe County.
Board granted approval for one Restrictive Covenant from Katherine and Edward Inman,
Permit Number 99-01-1835 to have one dwelling unit on contiguous lots described as Lots 1 &
2, Block 18, Pirates Cove First Addition, Key Largo. The applicants receiving one dwelling unit
allocation award for the year ending July 13, 2000, have filed the document in accordance with
Ordinance No. 16-1992.
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Board granted approval for one Restrictive Covenant from Alojzy Dabek, Permit Number
96-03-1879 to have one dwelling unit on contiguous lots described as Lots 4 & 5, Block 2,
Buttonwood Shores, Key Largo. The applicants receiving one dwelling unit allocation award for
the year ending July 13, 2000, have filed the document in accordance with Ordinance No.
16-1992.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to advertise Request for Bids for Mail Fulfillment Services.
Board granted approval and authorized execution of a Turn Key Funding Agreement
between Monroe County and Exclusive Sports Marketing covering Publix Family Fitness
Weekend on September 16-17, 2000 in an amount not to exceed $6,000, FY 2000, Third Penny,
DAC V allocation.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution revising the list of Cesspool Identification and
Elimination Areas (CIEA) to exclude all areas of Little Torch Key from the CIEA list.
RESOLUTION NO. 040-2000
See Resolution Book No. 145 which is incorporated herein by reference
TAX COLLECTOR
Board granted approval on the process of the selection of the newspaper to advertise the
1999 Delinquent Tax Rolls.
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Neugent's appointment of Alexis Colicchio to
the Library Advisory Board.
Roll call vote was unanimous.
MISCELLANEOUS BULK APPROVALS
Growth Management Director Tim McGarry addressed the Board. Motion was made by
Commissioner Williams and seconded by Commissioner Reich granting approval and authorizing
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execution of a Contract, as amended, between Monroe County and the Florida Department of
Community Affairs to fund the County's cesspool replacement grant assistance program. Said
amendment as follows:
Based on DCA and DOH final negotiations, the following language needs to be
inserted after item 5.A. on page 19 of Attachment A, Scope of Work:
i. $60,075 for the implementation and administration of financial assistance using
the funds provided under this Agreement pursuant to Attachment A, Item 5.B.
ii. Ten percent of any separate and supplemental funds provided by the County
under Attachment A, Item 3 for implementation and administration of sliding
scale financial assistance.
2. In addition, the typographical error on page 20 needs to be corrected. At the bottom of
the page, Item 1 should be numbered Item 6.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Public Works Director Dent Pierce discussed approval from the Board of County
Commissioners of additional projects for the balance of Tourist Development Council funding.
The following individuals addressed the Board: Chairman Bill Wickers; Melissa Kendrick, DAC I
Chairman; and Kate Miano. After discussion, motion was made by Commissioner Neugent and
seconded by Commissioner Williams to leave the remaining portion of the $1.1 million of DAC
funds ($455,700) unappropriated to be used for capital improvements in the Districts and that the
DACs work with the local municipal governments to receive consensus on the use of the funds.
Roll call vote was unanimous.
Mr. Roberts addressed the Board.
MISCELLANEOUS BULK APPROVALS/COMMISSIONERS' ITEMS
Commissioner Neugent discussed establishing a purpose for the revenue generated from
the dollars given to the Monroe County Board of County Commissioners by Monroe County
Sheriff Richard Roth. The following individuals addressed the Board: Hazel Hartman,
representing the Big Pine & Lower Keys Rotary; Elliott Baron and Jan Cole, representing the
YMCA. The Clerk read into the record a letter from Pat Valerga, representing the Florida Keys
Outreach Coalition for the Homeless. After discussion, motion was made by Commissioner Reich
and seconded by Commissioner Neugent granting approval of the concept of the creation of a
trust fund for the funding provided to the County by the Sheriff out of the proceeds from the
$25,000,000 of confiscated funds with an Advisory Board to handle the allocation of the proceeds
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of the trust fund contingent upon approval of the U.S. Department of Treasury. Sheriff Roth
addressed the Board. Roll call vote was unanimous.
Motion was made by Commissioner Reich and seconded by Commissioner Neugent
granting approval of a Lease Agreement between Monroe County and the Big Pine Athletic
Association to lease/operate the Blue Heron Youth Center, for an amount of rent totaling $1.00
per year and all costs associated with utilities and solid waste. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending Section 6-40,
Monroe County Code, Defining inactive building permits and establishing procedures for
re -activation of inactive building permits; 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. There was no public input. Motion was made by
Commissioner Williams and seconded by Commissioner Neugent to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 005-2000
See Ordinance Book No. 54 incorporated herein by reference
r A Public Hearing was held concerning adoption of an Ordinance amending Section 6-42,
Monroe County Code; Providing for a waiver of required building permit fees needed for
implementation of county housing rehabilitation projects for eligible very -low and low income
participants; 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. There was no public input. Motion was made by Commissioner Harvey and
seconded by Commissioner Williams to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 006-2000
See Ordinance Book No. 54 incorporated herein by reference
A Public Hearing was held concerning adoption of an Ordinance amending Section
15.5-18, Monroe County Code; Modifying existing language; 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. There was no public
input. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
adopt the following Ordinance. Roll call vote was taken with the following results:
Commissioner Harvey
Yes
Commissioner Neugent
Yes
�-- Commissioner Reich
No
Commissioner Williams
Yes
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Mayor Freeman Yes
Motion carried.
ORDINANCE NO. 007-2000
See Ordinance Book No. 54 incorporated herein by reference
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Mr. McGarry introduced Bill Kruczynski, from the U.S. Environmental Protection
Agency. Commissioner Williams, as the Board's Land Use Facilitator, addressed the Board. Mr.
Krucznski made a brief presentation on a proposed study to determine the fiscal cost of
implementing the Comprehensive Plan. After discussion, motion was made by Commissioner
Williams and seconded by Commissioner Neugent approving EPA's efforts on the Board's behalf,
and directing the County Administrator to prepare a thank you letter, for the Mayor's signature to
John H. Hankinson, Jr., Regional Administrator of the U.S. Environmental Protection Agency.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Mark Rosch, Executive Director of the Monroe County Land Authority and Mr. Hendrick
addressed the Board. Mr. Rosch discussed an amended legal description for the subject property
and also placed into the record the following appraisal information:
Appraisal #1 by Appraisal Co. of Key West $2,610,000
Appraisal #2 by Callaway & Price $1,770,000
Average of the Two Appraisals $2,190,000
Assessed Value on the Tax Roll $2,666,492
Negotiated Price $2,495,000
Mr. Rosch advised the Board that since the negotiated price for the property exceeds the
average of the two appraisals pursuant to Section 125.355 of the Florida Statutes an
extraordinary vote of the Board would be required to approve the purchase. After further
discussion, motion was made by Commissioner Reich and seconded by Commissioner Neugent to
approve the contract for the purchase of the Old Mariners Hospital complex on Plantation Key
with the changes in the legal description. See attached legal description. Sheriff Roth addressed
the Board. Roll call vote was taken with the following results:
Commissioner Harvey No
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Commissioner Neugent
No
Commissioner Reich
Yes
Commissioner Williams
No
Mayor Freeman
Yes
Motion failed.
Motion was made by Commissioner Neugent to approve the contract with the requirement
that an additional appraisal of the property be made. During discussion motion was withdrawn.
Christopher Smith, Facility Manager of the Monroe County Health Department addressed the
Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
continue this item to the February 16, 2000, meeting in Key Largo and directed staff to obtain an
additional appraisal. Roll call vote was unanimous.
TOURIST DEVELOPMENT COUNCIL
The Board discussed approval of a Resolution requesting that the Supervisor of Elections
place on the March 14th Presidential primary ballot a referendum regarding the expenditure of the
first and second cents of the tourist development tax. The following individuals addressed the
Board: Bob Schneider, representing the Big Pine Key Civic Association; Michael Ingram, TDC
Board Member; Eugene Shinkevich, representing the Florida Keys Citizens Coalition; Carol
Schreck; David Taylor; Elliot Bacon; Maya Martinez; Bill Wickers, TDC Chairman; Joseph X.
Dinovo, representing Last Stand; Stan Corneal; Melissa Kendrick, representing the Key West
Chamber of Commerce; John Marburg, representing the Key West Innkeepers Association; Jack
Martin; and Kate Miano. The Clerk read into the record a letter from the Key West Hotel and
Motel Association. Motion was made by Commissioner Neugent and seconded by Commissioner
Williams to approve the Resolution with the following wording "Should the TDC funding formula
be changed to reduce advertising expenditures and redirect them for local projects/tourist impacts
authorized by Florida Statutes?" Roll call vote was taken with the following results:
Commissioner Harvey No
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Freeman No
Motion failed.
Bill Wickers, Chairman of the Monroe County Tourist Development Council addressed
the Board concerning certain uses of bed tax resources by the TDC for items that may fall outside
the scope of the state statute, including the recent press release, "educational' and campaign, etc.
Motion was made by Commissioner Williams and seconded by Commissioners Neugent directing
that the Tourist Development Council utilize the same budget processes as other County
departments with a presentation of the initial budget for review in April, and further directing that
utilization of bed tax resources be limited to those purposes authorized by Section 125.0104 of
the Florida Statutes. Roll call vote was unanimous.
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DIVISION OF GROWTH MANAGEMENT
Growth Management Director Timothy McGarry addressed the Board concerning
responses to the Request for Proposals (RFP) for the Key Largo wastewater treatment plant,
affordable housing compliance letters, and advised the Board that the department had already
received more that 7,000 responses to the Tourist Development Council survey to date.
Commissioner Harvey excused herself from the meeting.
Commissioner Williams discussed the Report on Everglades Coalition Meeting, discussion
of subsequent wastewater funding possibilities and request from the Board of County
Commissioners for conceptual approval of a request for Federal wastewater grant appropriation
from the U.S. Senate. Motion was made by Commissioner Williams and seconded by
Commissioner Neugent to approve a concerted effort of the Florida Keys Aqueduct Authority
and Commissioner Williams, as the Board's representative, to request Federal wastewater grant
appropriations from the United States Senate. Roll call vote was unanimous, with Commissioner
Harvey not present.
Commissioner Harvey returned to the meeting.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
adopt the following Resolution supporting the restudy of the Central and Southern Florida
Project, with the inclusion of the Florida Keys Water Quality Protection program as a project
component. Motion carried unanimously.
RESOLUTION NO. 041-2000
See Resolution Book No. 145 which is incorporated herein by reference
Commissioner Williams discussed recent newspaper reports concerning support for the
toll on US 1. This matter was referred to Commissioner Neugent who is the Boards
representative on this issue.
DIVISION OF GROWTH MANAGEMENT
Karen K. Cabanas, Esq. of the firm Morgan & Hendrick, directed the Board to their
written report on Growth Management legal issues dated January 14, 2000.
There being no further business to come before the Board, the meeting was adjourned.
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Danny L. Kolhage,
Clerk of Court
Isabel C. DeSantis, Deputy Clerk