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08/12/1999 Regular ~- 99/307 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, August 12, 1999 Key Largo, Florida A Regular Meeting of the Monroe county Board of County Commissioners convened at 10:00 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 Mayor Harvey Commissioner Neugent granting approval of corrections, and Deletions to the Agenda. taken with the following results: and seconded by all Additions, Roll call vote was commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey Yes Motion carried. BULK APPROVALS Motion was made by Mayor Harvey and seconded by Commissioner Williams granting approval of the following items by unanimous consent: ~ Board granted approval of a Grant of Conservation Easement for Lots 25 & 26, Block 5, Harbor Course section 1, Ocean Reef Plat 14, Monroe County, Florida and recorded in Plat Book 7 on page 9 of the Public Records of Monroe County, Florida Re,\/\ 5 ion ,- 99/308 between Monroe County and Merle & Carmen Prebel. numbers are 00573690-002500 and 00573670-002600. The real estate Board granted approval of a Grant of Conservation Easement for Lot 11, Block 2, Buttonwood Shores, Key Largo, Florida as recorded in Plat Book 3, Page 3 of the Public Records of Monroe County, Florida between Robert C. Krieter and Monroe County. Board granted approval of the termination of an Agreement between Monroe County and Urbanomics, Inc. for professional services to develop approaches for implementing nonresidential rate-of-growth solutions. Board granted approval of the Contract Agreement between Monroe County and Arnold's Towing for the Emergency removal of DV03A2838 and DV03A2839 located in the channel between Big coppitt and Rockland Key, Monroe County. .- Board granted approval of the Contract Agreement between Monroe County and Arnold's Towing for the Emergency removal of DV03A3005 located at Long Key State Park, Monroe County. Board granted approval for one Restrictive Covenant from Robert Holeman to have one dwelling unit on two contiguous lots. The applicant receiving one dwelling unit allocation award for the year ending July 13, 1999, has filed the document in accordance with Ordinance No. 16-1992. DIVISION OF GROWTH MANAGEMENT Board granted approval to schedule special Board of County Commissioners' meeting on Tuesday, August 24, 1999, at 2:00 p.m. at the Marathon Government Center, concerning the proposed list of "Hot" and "Cold" spots and results of the screening areas analysis, as part of the County's Wastewater Management Plan. Board granted approval of the document entitled Annual Assessment of Public Facilities Capacity for 1999, Monroe County Planning Department. Said document is incorporated herein by reference. Board granted approval and authorized execution of a Contract for the Monroe County Stormwater Management Master Plan with the firm of Camp Dresser and McKee Inc. - Board denied, per Staff recommendation, a request by Mr. Karl G. otzen for a Flood Variance for property located at 8 * Re..'J \ S i o~ - 99/309 Card Sound Point, Ocean Reef, Key Largo. * COUNTY ADMINISTRATOR Board granted approval of the bills for specialized legal services and approval of the rates as identified for specialized counsel. COUNTY ATTORNEY Board adopted a Resolution authorizing the issuance of a check in the amount of $25,581.71 to Florida Keys Educational Foundation, Inc. from the estate of Richard E. Rekoendt. RESOLUTION NO. 385-1999 See Res. Book No. 143, which is incorporated herein by reference. - Board granted approval to advertise an ordinance authorizing the issuance of Florida Solid Waste Disposal System Refunding Revenue Bonds Series 1999, not to exceed $9,500,000.00. Board adopted the following Resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of Old State Road 4A, Marathon, Florida. RESOLUTION NO. 386-1999 See Res. Book No. 143, which is incorporated herein by reference. Board granted approval to advertise an ordinance establishing a catastrophic contingency reserve and also amending Sec. 2-458(6) and (9) in order to delete the exclusion of the Municipal Service (Solid Waste) District from the County's self- insured Risk Management Program. COMMISSIONER'S ITEMS Board adopted the following Resolution supporting the efforts of Upper Keys Community Pool, to seek capital improvement funds from the State of Florida for publicly-owned swimming facility in the Upper Keys. RESOLUTION NO. 387-1999 See Res. Book No. 143, which is incorporated herein by reference. ~ Board granted approval endorsing the application of the Monroe County Commercial Fisherman, Inc. for funding a project entitled strategic initiatives to Strengthen the Monroe County ~ 99/310 commercial Fishing Industry. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Growth Management Director Tim McGarry addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner williams granting approval and authorizing execution of a Contract between Monroe County and Michael Design Associates, Inc., for the completion of a Master Plan for the Overseas Heritage Trail. 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. ~ Motion was made by Commissioner Reich and seconded by Commissioner williams granting approval of the fOllowing items with a clause to be included in the documents that there be no increase in contract amounts: Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2949 located in Islamorada, Monroe County. Contract Agreement between Monroe county and Blue Water Marine, Inc. for the emergency removal of DV03A2808 located in Key Largo, Monroe County. Resolution and Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2868 located off of Shark Channel, Monroe County. RESOLUTION NO. 388-1999 See Res. Book No. 143 which is incorporated herein by reference. Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A3018 located at Dry Tortugas National Park. ~ Roll call vote was unanimous. - 99/311 County Administrator James Roberts addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman granting approval and authorizing execution of a Contract Agreement between Monroe County and Arnold's Towing, with no increase in the contract amount, for the emergency removal of DV03A2950 located off of Christmas Tree Island, Monroe County. Roll call vote was unanimous. GROWTH MANAGEMENT Mr. McGarry announced to the Board the upcoming Special BOCC meeting in Marathon scheduled for Tuesday, August 24, 1999, at 2:00 P.M. at the Marathon Government Center concerning the proposed list of "Hot" and "Cold" spots and results of the screening areas analysis, as part of the County's Wastewater Management Plan. Mr. McGarry also informed the Board that at the final Public Hearings scheduled for september 15, 1999 in Key Largo, there will also be a Public Hearing for a Land Use Change concerning the golf courses at Ocean Reef. - Mr. McGarry updated the Board on the status of the Dodge Lake project and the tours taken by the Board. COUNTY ADMINISTRATOR The Board discussed consideration to appeal the decision of the Career Service Council concerning Marty Arnold's dismissal as the Director of Code Enforcement. The following individuals addressed the Board: Attorney Nathan Eden, representing Marty Arnold; Capt. Mills, representing Keys Wide civic Association; Joe Bell, Eugene Shinkevich, H. R. DeHaven, Johnny O'Daniel, and Eugene Paxton. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Freeman to appeal the matter. Motion was then made by Commissioner williams and seconded by Commissioner Reich to table the item. Roll call vote was taken with the following results: commissioner Freeman No Commissioner Neugent No Commissioner Reich Yes Commissioner williams Yes Mayor Harvey Yes - Motion carried. Mr. Roberts and Clerk of Court Danny L. Kolhage addressed the Board. * See minutes page 99/313. 99/312 commissioner Reich excused herself from the meeting. PUBLIC HEARING A Public Hearing was held concerning adoption of an Ordinance amending Sec. 6-107(a), Monroe County Code, by adopting the 1999 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. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Ordinance. Roll call vote was unanimous, with Commissioner Reich not present. ORDINANCE NO. 035-1999 See Ord. Book No. 52 which is incorporated herein by reference. COUNTY ADMINISTRATOR - Mr. Gregory Garvey, Executive Director of the South Florida Resource Conservation and Development Council (SFRC&D), of Homestead, Florida, made a presentation on the status of the Canal Cleaning Projects to date in Monroe County. Mr. Roberts addressed the Board. DIVISION OF GROWTH MANAGEMENT Mr. McGarry and Director of Code Enforcement Tom Simmons introduced Lt. Roger Allen of the Monroe County Sheriff's Office who made a presentation to the Board concerning the enforcement of the Vacation Rental Ordinance. Capt. Mills, representing Keys Wide civic Association; H. Robert DeHaven and Linda Yorde addressed the Board. After discussion, motion was made by Mayor Harvey and seconded by Commissioner Freeman granting approval of the Vacation Rental Ordinance Proposed Enforcement Procedures as included in the memorandum dated August 5, 1999 from Tom Simmons, Director of Code Enforcement. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes ~ 99/313 Motion carried. COUNTY ADMINISTRATOR Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to continue to the September 9, 1999 regularly scheduled Board meeting the approval to join the newly created Florida Coalition of Coastal Communities. Motion carried unanimously. Mr. Roberts addressed the Board concerning granting of unmet needs funding as a result of Hurricane Georges and Tropical Storm Mitch. The Board took no official action. Margie Scacci addressed the Board concerning the consideration of a request from Exclusive sports Marketing for Temporary closing/Special Use of State Road. * This item is considered later in the meeting and approved. See minutes page 99/315. COUNTY ADMINISTRATOR ~ The Board returned to the agenda item for the consideration to appeal the decision of the Career Service Council concerning Marty Arnold's dismissal as the Director of Code Enforcement. Attorney Nathan Eden, representing Mr. Arnold addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Freeman to appeal the decision of the Career Service Council concerning Marty Arnold's dismissal as the Director of Code Enforcement. 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. Mr. Hendrick addressed the Board. COUNTY ATTORNEY commissioner Harvey addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Williams granting approval of the placement of a plaque at the boat ramp __ at the end of Barcelona Drive, Big Coppitt Key, inscribed as follows: IN MEMORY OF ROBERT E. SCHARF AND DORIS A, SCHARF, FLORIDA KEYS DEVELOPERS AND PARENTS OF JOHN M. SCHARF." Motion - 99/314 carried unanimously. Mr. Roberts addressed the Board concerning proposals for submission to the Florida Association of Counties for legislative policies for the coming legislative session. Motion was made by Commissioner Williams and seconded by Mayor Harvey authorizing the County Administrator to schedule a special meeting in the next few months to discuss proposals to be submitted for the coming legislative session. Roll call vote was unanimous. COUNTY ATTORNEY Mr. Hendrick discussed with the Board the Transition Agreement between Monroe County and the Village of Islamorada. The Board took no official action. COMMISSIONERS' ITEMS -- commissioner williams discussed with the Board the Tourist Development Council report on the impact on tourism. After Board discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent to hold a binding referendum on the issue of the use of the 2 cents TDC tax. Mr. Hendrick and Clerk of Court Danny L. Kolhage addressed the Board. The maker of the motion accepted language from the County Attorney that the Referendum read as follows: Shall the revenue of the first 2- cents of the 3-cent tourist development tax be available for all purposes authorized by Florida Law? Johnny O'Daniel and Van Cadenhead addressed the Board. After further discussion, motion was made by Commissioner Freeman and seconded by Commissioner Reich to table the item. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich Yes Commissioner williams No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to continue the above matter to the Special Board meeting scheduled for August 24, 1999 at 2:00 P.M. at the Marathon Government Center. Roll call vote was taken with the following results: ,- commissioner Freeman Yes Commissioner Neugent Yes 99/315 commissioner Reich No Commissioner williams Yes Mayor Harvey No Motion carried. commissioner williams discussed placing on the agenda for the September Board meeting in Marathon changing the name of the Marathon Airport as proposed in the TDC report on the impact on tourism and for the August 24, 1999 special meeting in Marathon the discussion of a possible referendum to extend the infrastructure sales tax beyond its present expiration date. Commissioner Freeman discussed to have on the agenda for the September meeting in Marathon response from the BOCC to the section in the report which refers to special event applications, noise-traffic-parking impacts. GROWTH MANAGEMENT Nicholas Mulick, Chairman of the Local Citizens Task Force on Wastewater discussed with the Board the future direction of the Task Force. The Board took no official action. COUNTY ADMINISTRATOR Captain peryam and Lieutenant George Simpson of the Monroe County Sheriff's Office addressed the Board concerning the request from Exclusive Sports Marketing for Temporary closing/Special Use of State Road on September 19, 1999 from the hours of 6:15 a.m. through 10:00 a.m. Steve Tebon, President of Exclusive sports Marketing addressed the Board. Motion was made by Commissioner williams and seconded by Commissioner Reich granting approval of the item. Roll call vote was unanimous. COKKISSIONERS' ITEMS ~ Mr. Roberts addressed the Board concerning Mayor Harvey's item requesting the Board to direct the Land Authority Director, Mark Rosch, to seek a sixty day extension of the contract to purchase the Vaca Cut site. This will allow sufficient time to hold a public hearing in Marathon to determine whether the Clinton site should be purchased instead. The Board took no official action. 99/316 There being no further business to come before the Board, the meeting was adjourned. Motion carried unanimously. Clerk to the Board of County commissioners of Monroe County ~~c. fJvxS~ Isabel C. DeSantis / Deputy Clerk ,-