02/17/2000 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2000/51
Regular Meeting
Board of County Commissioners
Thursday, February 17,2000
Key Largo, Florida
A Regular meeting of the Monroe County Board of County Commissioner's convened at
9:00 A.M., on the above date at the Key Largo Library. 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 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 Commissioner Harvey
granting approval of Additions, Corrections, and Deletions to the Agenda. Roll call vote was
taken with the following results:
Commissioner Harvey Yes
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Freeman Yes
Motion carried.
BULK APPROVALS
Motion was made by Commissioner Reich and seconded by Commissioner Williams
granting approval of the following items by unanimous consent:
,r
Board granted approval for the transfer of one buildable lot from Michel & Celine Breton
to Monroe County by warranty Deed, permit number 98-1-0517, described as Lot 4, Block 3,
Port Pine Heights, Big Pine Key. The applicants receiving a 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 Mark K. & Doris J. Given,
permit number 98-03-2021, to have one dwelling unit on contiguous lots described as Lots 3 & 4,
Block 11, Bowens Addition to Rivera Village, 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.
Board granted approval for the removal of an Affordable Housing Deed Restriction
recorded in the Monroe County Public Records on June 9, 1998. The applicants, Patricia A.
Ward & Curtis Smart, permit number 99-03-0705, described as Lot 15, Block 3, Cross Key
Waterway Estates Section 1, Key Largo, recorded the Deed Restriction prior to receiving an
allocation award. The applicants would have received one dwelling unit allocation for the year
ending July 13, 2000.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the installation of aids to navigation and regulatory markers, Hammer
Point, Key Largo, Monroe County and granted approval and authorized execution of a Contract
Agreement between Monroe County and ASAP Inc. for same.
RESOLUTION NO. 085-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the installation of regulatory markers and signage, Tavernier Creek,
Monroe County and granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors for same.
RESOLUTION NO. 086-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the emergency removal ofDVK03A3159 located off of Key Largo,
Monroe County and granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine, Inc. for same.
RESOLUTION NO. 087-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the installation of aids to navigation and regulatory markers, Community
Harbor, Key Largo, Monroe County and granted approval and authorized execution of a Contract
Agreement between Monroe County and ASAP Inc. for same.
RESOLUTION NO. 088-2000
See Res. Book No. 145, which is incorporated herein by reference.
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2000/53
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the removal and legal disposal of four buoys and the installation of four
shallow water markers, Jolly Rogers, Little Torch Key and granted approval and authorized
execution of a Contract Agreement between Monroe County and American Underwater
Contractors for same.
RESOLUTION NO. 089-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board granted approval for the transfer of four buildable lots from Vince and Barbara
Lentine to Monroe County by warranty Deeds, permit number 99-1-1710, described as Lot 9,
Block 15, Eden Pines Colony, Big Pine Key; permit number 99-1-1710, described as Lot 13,
Block 16, Eden Pines Colony, Big Pine Key; permit number 99-1-1710, described as Lot 6, Block
6, Ramrod Shores, Ramrod Key; and permit number 99-1-1710, described as Lot 25, Block 2,
Ramrod Shores Marina Section, Ramrod Key. The applicants receiving a dwelling unit allocation
award for the year ending July 13, 2000, have filed the document in accordance with Ordinance
No. 16-1992.
Board granted approval for the transfer of two buildable lots from Franco Piacibello for
AsIan Pignatelli to Monroe County by warranty Deed, permit number 99-1-1096, described as
Lots 23 & 24, Block 1, Ramrod Shores, Ramrod Key. The applicant receiving a dwelling unit
allocation for the year ending July 13,2000, have filed the document in accordance with
Ordinance No. 16-1992.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Funding Agreement between
Monroe County and The Key West Police Athletic League covering the Key West Charity
Dolphin Tournament on May 12-14,2000, in an amount not to exceed $2,500.00, FY 2000, Two
Penny allocated under the Fishing Umbrella.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Redbone, Inc. to allow for revision of date for the production of
Mercury Baybone Celebrity Tournament from October 12-15, 2000 to September 29,2000
through October 1, 2000.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Redbone, Inc. to allow for revision of date for the production of
Little Palm Island Grand Slam from September 19-21, 2000 to August 22-24,2000.
Board granted approval and authorized execution of Local Market Report Agreement
between Monroe County and Smith Travel Research, Inc. to provide local market research
reports. (This item is reconsidered later in the meeting and approved.)
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Board granted approval and authorized execution of a second Amendment to Agreement
between Monroe County and Key West Fishing Tournament, Inc. covering Key West Fishing
Tournament, Inc. DBA Key West & Lower Keys Fishing Tournament to clarify dates of events
from November 1, 1999 through November 30,2000.
COMMISSIONERS' ITEMS
Board adopted the following Resolution approving expansion of the group of property
owners who are eligible for participation in the County's Homeowners Wastewater System
Assistance Program; to include owners of properties with a permitted on-site wastewater
treatment and disposal system, which are located within a "cold spot" and who want to upgrade
their systems, by sharing a system with adjacent property owners who have received a letter of
notification from the Department of Health to replace their unknown systems.
RESOLUTION NO. 090-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution requesting that the Florida Keys Electric Co-op
consider the economic feasibility of placing electrical wiring below ground on the Island of Key
Largo.
RESOLUTION NO. 091-2000
See Res. Book No. 145, which is incorporated herein by reference.
Motion carried unanimously.
Motion was made by Mayor Freeman and seconded by Commissioner Williams to
reconsider Agenda item E5 concerning approval of a Local Market Report Agreement between
Monroe County and Smith Travel Research, Inc. to provide local market research reports.
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Planning Director Marlene Conaway and County Attorney James T. Hendrick discussed
with the Board approval of exemption from the nonresidential Permit Allocation System based on
status as a federally tax-exempt non-profit education organization. Attorney Nick Mulick,
representing the applicant; Marlen Weeks, Scott Marr, representing, Keys Academy of Marine
Science; Ann Nickerson, representing Port Largo Residential Property Owners Association; and
Alexandra Halpher addressed the Board. After discussion, motion was made by Commissioner
Reich and seconded by Commissioner Williams to adopt the following Resolution approving an
exemption from the Non-Residential Permit Allocation System pursuant to Policy 101.3.4 of the
Monroe County Year 2010 Comprehensive Plan for Keys Academy of Marine Science, for a
School. The property is located at mile marker 99.5 and is further described as part of Tract "B",
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2000/55
Lots 210 and 213, Port Largo First Addition, Island of Key Largo, Monroe County, Florida. The
Land Use Designation is Suburban Commercial and the Real Estate numbers are 0453471-000600
and 0473471-000300.
RESOLUTION NO. 092-2000
See Resolution Book No. 145 which is incorporated herein by reference.
Roll call vote was unanimous.
Joan Houser addressed the Board.
Ms. Conaway and Comprehensive Planner Ann Murphy made a presentation to the Board
concerning the progress of potential Affordable Housing Sites in Monroe County and direction
for implementing the Monroe County Board of County Commissioner's Affordable Housing
Action Plan. Ms. Conaway discussed the document entitled Potential Affordable Housing Sites
in Monroe County, A Component 0/ the Monroe County Board 0/ County Commissioner's
Affordable Housing Action Plan, Prepared on January 31, 2000, Prepared/or: Monroe County
Board o/County Commissioners, Prepared by: Monroe County Planning Department. Peter
Rosasco, representing MRT; Donald Craig, representing the Craig Company; Manuel Castillo,
representing the Monroe County Housing Authority addressed the Board.
Commissioner Harvey and Commissioner Neugent are not present for the following items:
Mr. Roberts addressed the Board concerning an update on the Mariners Hospital
Contract. Motion was made by Commissioner Williams and seconded by Mayor Freeman to hear
the item at the Special Meeting on February 28,2000, in Tavernier at 6 P.M. Motion carried
unanimously, with Commissioner Harvey and Commissioner Neugent not present.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance approving the request by
the Planning Department to change the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan from mixed use/commercial fishing (MCF) to residential medium (RM)
and/or conservation (C) for properties described as Lots 1-8, 11-13, 19-20,25-27,32,36-38,
41-47, amended plat of Bahia Shores Subdivision, No Name Key, Section 18, Township 66
South, Range 30 East, Monroe County Florida; and Lots 2-7, 11-17,20-33,40-44 amended plat
of Dolphin Harbor Subdivision, No Name Key, Section 18, Township 66 South, Range 30 East,
Monroe County, Florida; and unplatted properties on No Name Key, Section 18, Township 66
South, Range 30 East, Monroe County, Florida having the following real estate numbers:
00108040-000100,00108040-000101,00108040-000102,00108040-000103,0108040-000104,
00108040-000105,00108040-000106,00108040-000300,00108040-000301,0108040-000302,
00108040-000303,00108040-000304,00108040-000400,00108040-000401,0108040-000500,
00108040-000600,00108040-000700,00319491-000100,00319491-000200,0319491-000400,
00319491-000500,00319491-000600,00319491-000700,00319491-000800,0319491-001100,
00319491-001200,00319491-001300,00319491-001900,00319491-002000,0319491-002500,
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2000/56
00319491-002600,00319491-002700,00319491-003200,00319491-003600,0319491-003700,
00319491-003800,00319491-004100,00319491-004200,00319491-004300,0319491-004400,
00319491-004500,00319491-004600,00319491-004700,00319491-004800,0319491-004900,
00319491-004901,00319492-000200,00319492-000300,00319492-000400,0319492-000500,
00319492-000600,00319492-000700,00319492-001100,00319492-001300,0319492-001400,
00319492-001500,00319492-001600,00319492-001700,00319492-002000,0319492-002100,
00319492-002200,00319492-002300,00319492-002500,00319492-002700,0319492-002800,
00319492-002900,00319492-003000,00319492-003100,00319492-003200,0319492-003300,
00319492-004000,00319492-004100,00319492-004200,00319492-004300,0319492-004400,
00319492-004500, 00319492-004600. There was no public input. Motion was made by
Commissioner Williams and seconded by Commissioner Reich to adopt the following Ordinance.
ORDINANCE NO. 008-2000
See Ordinance Book No. 54 incorporated herein by reference
Motion carried unanimously, with Commissioner Harvey and Commissioner Neugent not present.
A Public Hearing was held concerning adoption of an Ordinance approving the request by
the Planning Department to change the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan: from agriculture (A)/mixed use-commercial (MC)/residentiallow (RL)/
residential conservation (RC) to mixed use-commercial (MC)/residentiallow (RL)/residential
conservation (RC) for property described as a portion of Lot 1, Ramrod Key, Section 31,
Township 66 South, Range 29 East, Monroe County, Florida, at approximately mile marker 27.5,
and having the real estate number 00114150-000000; and from residential low (RL)/residential
conservation (RC) to mixed use-commercial (MC)/ residential low (RL)/residential conservation
(RC) for property described as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South,
Range 29 East, Monroe County, Florida, at approximately mile marker 27.5, and having the real
estate number 00114150-000300; and from residential conservation (RC) to agriculture (A) for
property described as a portion of Lot 4, Ramrod Key, Section 31, Township 66 South, Range 29
East, Monroe County, Florida, at approximately mile marker 27.5, and having the real estate
number 00114120-000000. There was no public input. Motion was made by Commissioner
Williams and seconded by Commissioner Reich to adopt the following Ordinance.
ORDINANCE NO. 009-2000
See Ordinance Book No. 54 incorporated herein by reference
Motion carried unanimously, with Commissioner Harvey and Commissioner Neugent not present.
A Public Hearing was held concerning adoption of an Ordinance approving the request by
the Planning Department to change the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan from residential medium (RM) to mixed use-commercial (MC) for property
described as Lots 521, 522, and 523-534, Port Largo fifth addition, Key Largo Section 33,
Township 61 South, Range 39 East; with the following RE numbers: 00453475-013700,
00453475-0013800, and 00453475-014100. There was no public input. Motion was made by
Commissioner Williams and seconded by Commissioner Reich to adopt the following Ordinance.
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ORDINANCE NO. 010-2000
See Ordinance Book No. 54 incorporated herein by reference
Motion carried unanimously, with Commissioner Harvey and Commissioner Neugent not present.
Commissioner Harvey returned to the meeting.
A Public Hearing was held concerning adoption of an Ordinance approving the request by
the Planning Department to change the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan from residential high (RH) to residential medium (RM) for property
described as all of Lots 1-15 of Block 2, all of Lots 2-15 of Block 1, and an unnumbered Lot in
Block 1, Paradise Point Subdivision, Key Largo Section 1, Township 61 South, Range 39 East,
with the following real estate numbers: 00513200-000000, 00513210-000000, 00513220-000000,
00513230-000000,00513240-000000,00513250-000000,00513260-000000,0513270-000000,
00513280-000000,00513290-000000,00513300-000000,00513310-000000,0513320-000000,
00513330-000000,00513340-000000,00513350-000000,00513360-000000,0513370-000000,
00513380-000000,00513390-000000,00513400-000000,00513410-000000,0513420-000000,
00513430-000000,00513440-000000,00513450-000000, 00513460-000000,0513470-000000,
00513480-000000, 00513490-000000. The Board accepted public input with the following
individual addressing the Board: Attorney Andy Tobin, representing Paradise Point. Mr.
McGarry and Mr. Hendrick addressed the Board. Motion was made by Commissioner Reich and
seconded by Commissioner Williams to adopt the following Ordinance and to table the portion
concerning Mr. Scheu's property to wit: Block 1, Lots 8-15 and Block 2, Lots 10-15.
ORDINANCE NO. 011-2000
See Ordinance Book No. 54 incorporated herein by reference
Motion carried unanimously, with Commissioner Neugent not present.
A Public Hearing was held for the following items:
Ordinance approving amendments to Residential ROGO'S Affordable Housing provisions
of the Monroe County Year 2010 Comprehensive Plan, including portions of Policies 101.2.4,
101.5.4 and 601.1.11 which add flexibility to the residential ROGO allocations and provide
positive point opportunities for modest housing. This Ordinance also adds Policy 101.5.10 which
creates opportunities for new development by transferring existing transient and residential units
and spaces.
Ordinance approving amendments to the Rate of Growth Ordinance (ROGO) of the
Monroe County Code, including Sections 9.5 - 4,9.5-122 and 9.5-122.3 by providing additional
definitions, adding flexibility and adding positive point opportunities for modest housing. There
was no public input. Motion was made by Commissioner Williams and seconded by
Commissioner Reich to adopt the following Ordinances.
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ORDINANCE NO. 012-2000
ORDINANCE NO. 013-2000
See Ordinance Book No. 54 incorporated herein by reference
Motion carried unanimously, with Commissioner Neugent not present.
Commissioner Neugent returned to the meeting.
A Public Hearing was held for the following items:
Ordinance recommending approval of the request filed by Monroe County to change the
Future Land Use Map from Residential Low (RL) to Recreation (R) for properties located at the
Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the Dolphin Golf
Course.
Ordinance approving the request filed by Monroe County to change the Land Use District
Map from Sparsely Settled (SS) Park and Refuge (PR) for properties located at the Ocean Reef
Club in North Key Largo, known as the Harbor Golf Course and the Dolphin Golf Course. There
was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Harvey to adopt the following Ordinances.
ORDINANCE NO. 014-2000
ORDINANCE NO. 015-2000
See Ordinance Book No. 54 incorporated herein by reference
Motion carried unanimously
Public Hearings were held for the following items:
Ordinance approving the request by Monroe County to change the Future Land Use Map
of the Monroe County Year 2010 Comprehensive Plan from various designations to conservation
(C) for Garden Cove Park, Bay Haven Park, and Cutthroat Harbor.
Ordinance approving the request by Monroe County to change the Future Land Use Map
of the Monroe County Year 2010 Comprehensive Plan from various designations to recreation
(R) for Friendship Park, Key Largo Community Park, Old Settler's Park, Watson Field, Ramrod
Key Swimming Hold, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein Park.
Ordinance approving the request by Monroe County to change the Land Use District Map
from various zoning designations to conservation district (CD) for Garden Cove Park, Bay Haven
Park, and Cutthroat Harbor.
Ordinance approving the request by Monroe County to change the Land Use District Map
from various zoning designations to park and refuge district (PR) for Friendship Park, Key Largo
Community Park, Harry Harris Park, Old Settler's Park, Blue Heron Park, Watson Field, Ramrod
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Key Swimming Hole, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein Park.
The Board accepted public input with the following individual addressing the Board: George
Parks. Mr. McGarry addressed the Board. Motion was made by Commissioner Williams and
seconded by Commissioner Neugent to adopt the following Ordinances.
ORDINANCE NO. 016-2000
ORDINANCE NO. 017-2000
ORDINANCE NO. 018-2000
ORDINANCE NO. 019-2000
See Ordinance Book No. 54 incorporated herein by reference
Motion carried unanimously.
Mr. McGarry addressed the Board. Motion was made by Commissioner Williams and
seconded by Commissioner Reich to forward the following items to the government for the City
of Marathon:
Second of two public hearings to consider a Future Land Use Map and Land Use District
Map (zoning map) amendment proposed by Ciro Bologna et. al. changing the future land use
designation from residential medium (RM) to mixed use/commercial (MC) and changing the
zoning from improved subdivision (IS) to sub urban commercial (SC) for property described as
Lot 41, Block 01, Lida Subdivision, Vaca Key, located in Section 01, Township 66 South, Range
33 East, with a real estate number of 00347940-000000.
Second of two public hearings to consider a Future Land Use Map and Land Use District
Map amendment proposed by Florida Keys Electrical Cooperative changing the future land use
designation from mixed use/commercial (MC) / mixed use commercial fishing (MCF) to mixed
use commercial (MC) and changing the zoning from Suburban commercial (SC) / commercial
fishing special district 15 (CSFD 15) to sub urban commercial (SC) for property described as a
portion of Government Lot 3 Key Vaca, Section 10, Township 66 South, Range 32 East; with a
real estate number of: 00101340-000000. The property is located on US Highway #1 at
approximately mile marker 49.
Second of two public hearings to consider a Future Land Use Map and Land Use District
Map amendment proposed by the Monroe County Planning Department changing the future land
use designation from mixed use/commerical fishing (MCF) to mixed use commercial (MC) and
changing the zoning from commercial fishing special district 15 (CFSD 15) to mixed use (MU) for
property described as a portion of Government Lot 3 and a portion of Bay Bottom south of Lot
3, Key Vaca, Section 10, Township 66 South, Range 32 East; with a real estate number of
00103340-000100.
Motion carried unanimously.
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DIVISION OF GROWTH MANAGEMENT
Mr. McGarry discussed with the Board approval of the firm with the top-ranked proposal
to enter into contract negotiations with the Florida Keys Aqueduct Authority to
Design/Build/Operate a Wastewater Treatment System for Key Largo. Richard W. Smith, P.E.
representing the Florida Department of Environmental Protection and the Technical Evaluation
Panel (TEP) made a presentation to the Board. The following individuals addressed the Board:
Bob Paten, Richard Lancaster, representing Hammer Point Owners Association; Skip Warner,
Barry Patterson, Gigi Auston, Still wright Property Owners Association; Michael Collins, Richard
Grosso, representing the Environmental & Land Use Law Center; Arthur Ballen, Pauline Klein,
representing Stillwright Property Owners Association; Ron Sievers, Adam Koslofsky, Dona
Merritt, DeeVon Quirolo, representing Reef Relief; James D. Hurley, representing Save Our
Keys; Susan Loftis, Charles Causey, representing Florida Keys Environmental Fund; Debra
Harrison, representing the World Wildlife Center; Charles Brooks, Tom Evans, Chris Gardner,
and John Hammerstrom. The Clerk entered letters from the following individuals into the record:
Jim Fryer, Director of The Nature Conservancy; Resolution of support from the City of Key
West - #00-73; John Loftis, Sylvia Murphy, Joseph DiNovo, Executive Director of Last Stand;
Dagny Johnson, and Rod Fujita, Ph.D., Douglas N. Rader, Ph.D, and Michelle A. Duval, Ph.D, of
Environmental Defense.
PUBLIC HEARINGS
Public Hearings were held for the following items:
Ordinance approving the request by property owner Ida Welborn to change the Future
Land Use Map Designation of the 2010 Comprehensive Plan for Lots 10 and 11, Resubdivision of
Seaside, Section 14, Township 62 South, Range 38 East, at approximately mile marker 94.5, Key
Largo, Real Estate numbers 00491650 and 004911660, from Improved Subdivision (IS) to
Suburban Commercial (SC).
Ordinance approving the request by property owner Ida Welborn to change the Official
Land Use Map (zoning) Designation for Lots 10 and 11, Resubdivision of Seaside, Section 14,
Township 62 South, Range 38 East, at approximately mile marker 94.5, Key Largo, Real Estate
Numbers 00491650 and 004911660, from Residential Medium (RM) to Mixed Use/Commercial
(M/C). Caman Munroe, Attorney Andrew Tobin, representing the American Legion; Patty
Speidel, and State Representative Ken Sorenson addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Williams to adopt the following Ordinance.
ORDINANCE NO. 020-2000
ORDINANCE NO. 021-2000
See Ordinance Book No. 54 incorporated herein by reference
Roll call vote was unanimous.
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GROWTH MANAGEMENT
The Board returned to the discussion concerning approval of the firm with the top-ranked
proposal to enter into contract negotiations with the Florida Keys Aqueduct Authority to
Design/Build/Operate a Wastewater Treatment System for Key Largo. Joe Burgess representing
Ogden Water Systems, Inc.; Bart Bibler, Bureau Chief, Water and On Site Sewage Department
of Environmental Health, Department of Health; Roger Braun, Executive Director of the Florida
Keys Aqueduct Authority, and Jim Reynolds, Deputy Director - Director of Engineers addressed
the Board. After discussion, motion was made by Commissioner Williams and seconded by
Commissioner Reich granting approval of Staff recommendation with the following instruction:
Resolution of the Monroe County Board of County Commissioners (BOCC) requesting
the Florida Keys Aqueduct Authority (FKAA) to enter into Contract negotiations with the Ogden
Water Systems, Inc., to Design/Build/Operate a Wastewater Treatment Facility in Key Largo and
requesting FKAA to address specific concerns and issues in its contract negotiations, enlist
outside expert technical assistance for contract negotiations and construction management, and
report back to the BOCC on hook-up and monthly user fees prior to contract execution.
Instruction:
1. Keep costs as close as possible to the proposed $2,500 .00 per equivalent development
unit (EDU) hook-up fee and $35 per EDU monthly fee, recognizing that the Florida Keys
Aqueduct Authority (FKAA) will need to add their administrative costs.
2. A series of at lease three (3) Public meetings must be held in Key Largo prior to the
signing of the contract in order to keep the public apprised of developments in contractual
negotiations and community impacts (one of those meetings should be devoted to site selections,
as detailed below).
3. Possible sites for the wastewater treatment plant will be presented at a well-advertised
public meeting after Monroe County's Growth Management Department has submitted details of
possible sites and a list of pros and cons for each site to area newspapers and interested
constituents. Any proposed site must be consistent with the Monroe County Comprehensive
Plan. Site selection will be determined utilizing the opinions and views of the citizens of Key
Largo.
4. Address the critical issues and concerns raised by the Request for Proposals (RFP)
"Technical Evaluation Panel" established by the U.S. Environmental Protection Agency in
partnership with the Florida Department of Environmental Protection to the satisfaction of
FKAA. FKAA should also address issues raised by our constituency at Public Hearings and via
the Commissioners.
5. Include language within the contract itself, with the BOCC's Resolution of Support, and
within all enabling Ordinances to ensure that the decision to pursue cost effective wastewater
treatment upgrades to improve water quality must be consistent with the County's
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Comprehensive Plan and Rate of Growth Ordinance (ROGO) by NOT leading to increased
growth through excessive design capacity of the wastewater management system or through
future expansion of the wastewater facility.
RESOLUTION NO. 093-2000
See Resolution Book No. 145 which is incorporated herein by reference.
Roll call vote was unanimous.
Charles Brooks addressed the Board concerning the above item.
COMMISSIONERS' ITEMS
Tourist Development Council Office Manager, Lynda Stuart addressed the Board.
Motion was made by Commissioner Neugent and seconded by Commissioner Reich granting
approval and authorizing execution of a Local Market Report Agreement between Monroe
County and Smith Travel Research, Inc. to provide local market research reports. Motion carried
unanimously.
Mayor Freeman and Comprehensive Planner Ann Murphy updated the Board on the
preliminary results of the Monroe County Tourism Survey of Registered Voters. Katherine Dew,
representing the Islamorada Chamber of Commerce addressed the Board. Mayor Freeman
reminded the Board of the Special Meeting between the BOCC and the TDC scheduled for
Monday, March 13, 2000, at 10:00 A.M. at the Marathon Government Center.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Williams and seconded by Commissioner Reich to
reopen the Agenda in order to hear item G 1 concerning approval of a Resolution for expansion of
the group of property owners who are eligible for participation in the County's Homeowners
Wastewater System Assistance Program; to include owners of properties with a permitted on-site
wastewater treatment and disposal system, which are located within a "cold spot" and who want
to upgrade their systems, by sharing a system with adjacent property owners who have received a
letter of notification from the Department of Health to replace their unknown systems. Motion
carried unanimously. Joan Mowery addressed the Board.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
adopt the following Resolution authorizing an allocation from the Boating Improvement Fund for
the installation of nine shallow water regulatory markers, Safety Harbor, Lower Matecumbe,
Monroe County and execution ofa Contract Agreement between Monroe County and A.S.A.P.
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Inc., for same. Mr. McGarry addressed the Board. Roll call vote was taken with the following
results:
CoIrimissioner Harvey Yes
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Freeman Yes
Motion carried.
RESOLUTION NO. 094-2000
See Resolution Book No. 145 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
The Board accepted the written report which will provide additional information on the
County's communications system - Chad Meadows.
Mr. McGarry discussed Monroe County's ROGO Ordinance submitted to the Department
of Community Affairs/Affordable Housing, and that the Growth Management's
permitting/building section is currently short staffed.
The Board accepted the Growth Management Litigation Report dated February 16-17,
2000, from Attorney Karen K. Cabanas of the firm Morgan & Hendrick.
Mr. Hendrick updated the Board on the following legal issues: A Special Act to help fast
track potential Affording Housing.
Mr. Hendrick informed the Board that former County Construction Manager, Bill Bibo,
had completed his court-ordered restitution. Motion was made by Commissioner Williams and
seconded by Commissioner Neugent to settle the matter with Hewett-Kier from the funds paid
from the restitution. Roll call vote was unanimous.
Mr. Hendrick discussed a request by Ocean Reef to change the configuration of some of
the greens on the Dolphin Golf Course. Motion was made by Commissioner Neugent and
seconded by Commissioner Williams that the interpretation not be considered development
concerning the reconfiguration of the existing playing surfaces and approving the installation of
200 yards of golf cart path on the existing golf course where there is no clearing of vegetation
involved. Motion carried unanimously.
Mr. Hendrick also discussed the fishing village and office building projects at Ocean Reef
and the validation of the interpretation that the reduction in size of a building or a relocation that
does not impact setbacks or other bulk regulations should not be consideration a deviation. Mr.
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Hendrick expressed the Board's intent that as long as it does not impact the community character.
Mr. McGarry addressed the Board. The Board took no official action.
Mr. McGarry addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Reich granting approval and authorizing execution of a Memorandum
of Understanding between Monroe County, Florida Department of Health, including the Monroe
County Health Department, Florida Department of Community Affairs, and the Florida
Department of Environmental Protection to incorporate needed revisions in the Coordinated
Permit Review Process for Wastewater Disposal Permits and Development Permits for New
Residential Development in Unincorporated Monroe County. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by Commissioner Harvey to
adopt the following Resolution approving an exemption from the Non-Residential Permit
Allocation System pursuant to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive
Plan for St. Nicholas Greek Orthodox Church. The property is located at mile marker 98.1 and is
further described as part of Tract "A", Caribbean Heights Subdivision, Island of Key Largo,
Monroe County, Florida. The land use designation is Suburban Residential and the real estate
number is 04592970-000000.
RESOLUTION NO. 095-2000
See Resolution Book No. 145 which is incorporated herein by reference.
Motion carried unanimously.
Mr. McGarry addressed the Board. Motion was made by Commissioner Williams and
seconded by Commissioner Neugent granting approval and authorizing execution of a Contract
for the transfer of ownership of a trailer between Monroe County and Paradise Interfaith Network
to provide the County with a replacement trailer of similar size and condition. Motion carried
unanimously.
There being no further business to come before the Board, the meeting was adjourned.
Danny L. Kolhage, Clerk
and ex officio Clerk to the Board
of County Commissioners
Monroe County, Florida
~~ C. ~)6~
Isabel C. DeSantis ..,
Deputy Clerk