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09/09/1999 Regular ~ 99/351 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, September 9, 1999 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date, at the Marathon Government Center. 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 Freeman 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. PRESENTATION OF AWARDS Presentation of Mayor's Proclamation proclaiming September 19 to September 25, 1999 as Deaf Awareness Week. BULK APPROVALS ~ Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of the following items by - 99/352 unanimous consent: Board granted approval and authorized execution of a Grant of Conservation Easement for Lot 12, Block 4, Bahia Mar Estates Subdivision, Key Largo, Florida, Plat Book 4, Page 79 of the Monroe County Public Records between Robert and Maria Betancourt and Monroe County. The real estate number is 0543990- 000000. Board granted approval and authorized execution of a Grant of Conservation Easement for Lot 13, Block 4, Bahia Mar Estates Subdivision, Key Largo, Florida, Plat Book 4, Page 79 of the Monroe County Public Records between Robert and Maria Betancourt and Monroe County. The real estate number is 0544000- 000000. Board granted approval and authorized execution of a Grant of Conservation Easement for Lot 14, Block 4, Bahia Mar Estates Subdivision, Key Largo, Florida, Plat Book 4, Page 79 of the Monroe County Public Records between Robert and Maria Betancourt and Monroe County. The real estate number is 0544010- 000000. ,- Board granted approval and authorized execution of a Grant of Conservation Easement for Lot 13, Block 2, Sunrise Cay I, Ocean Reef Plat #15, Plat Book 7, Page 20 of the Monroe County Public Records between Patrick P. Lee and Monroe County. The real estate number is 00569443-004600. Board granted approval and authorized execution of a Grant of Conservation Easement for Lot 3, Block 1, Harbor Shores, Key Largo, Florida as recorded in Plat Book 3, Page 44 of the Monroe County Public Records between Jesus Monteagudo, Sergio Sotolongo and Monroe County, Florida. Board granted approval for one Affordable Housing Deed Restriction from Boundry, Ltd., Permit Number 98-1-0385, for Lot 6, Gato Farm Subdivision, Plat #1, Little Torch 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. The real estate number is 00214560- 000000. - Board granted approval for the transfer of two buildable lots from Thomas & Caron Burgess, Permit Number 98-1- 3115, for Lot 15, Block 8, Big pine Inc. Amended, Big pine Key, & Lot 28, Summer land Estates Subdivision NO.1, Summerland Key for William Benefield to Monroe County by warranty deeds for Lot 15, Block 8, Big pine Inc. Amended, Big Pine Key. The applicant receiving a dwelling unit allocation award for the year ending ~ 99/353 July 13, 2000, Thomas & Caron Burgess have filed the documents in accordance with Ordinance No. 16-1992. The real estate numbers are 00258150-000000 and 00199230-000000. Board granted approval for the transfer of two buildable lots from Boundry, Ltd. and Robert & Andrea Paulson to Monroe County by warranty deeds, Permit Number 98-1-0368, for Lot 5, Block 32, Palm Villa, Big pine Key & Permit Number 99-1-0787 for Lot 25, Block 1, Ramrod Shores Marina, Ramrod Key. The applicants receiving dwelling unit allocation awards for the year ending July 13, 2000, have filed the documents in accordance with Ordinance No. 16-1992. Board granted approval for the transfer of one buildable lot from Alfonso & Angela Diaz to Monroe County by warranty deed, Permit Number 98-3-2763, for Lot 20, Block 9, Kinercha Subdivision, Big Pine Key. 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. The real estate number is 00276850-000000. ---- Board granted approval for the transfer of one buildable lot from Mark Gregg for Angel Acosta to Monroe County by warranty deed, Permit Number 96-3-0021 for Lot 20, Block 1, Kinercha Subdivision, Big Pine Key. The applicant received a dwelling unit allocation award for the year ending July 13, 1998, Mark Gregg has filed the document in accordance with Ordinance No. 16-1992. The real estate number is 00275850-000000. Board granted approval of Restrictive Covenant from Adam J. Hill to have one dwelling unit on two contiguous lots, Permit Number 99-3-0620, Lots 15 & 16, Block 9, Bahia Mar Estates. The applicant receiving one 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 for the transfer of one buildable lot from Anna Madruga to Monroe County by warranty deed, Permit Number 99-1-0788, for Lot 23, Block 1, Ramrod Shores Marina Section, Ramrod 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. The real estate number is 002102200. ~ Board granted approval for one Restrictive Covenant from Gerald & Elsie Metcalf to have one dwelling unit on two contiguous lots, Permit Number 9-1-1664 for Lots 33 & 34, Block 11, Cudjoe Ocean Shores, Cudjoe Key. The applicants receiving one dwelling unit allocation award for the year ending July 13, 2000, have filed the document in accordance with Ordinance No. - 99/354 16-1992. Board granted approval for the transfer of one buildable lot from victor & Cynthia A. Mills for Karen & Quentin Stifel to Monroe County by warranty deed, Permit Number 98-1- 0445, for Lot 16, Block 15, Palm Villa, 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. The real estate number is 00280510. Board granted approval a request by Andrew J. Parker, President Ankar Merchandising, Inc. for a refund of $29,853.95 paid by him on March 18, 1999 for transportation impact fees for the interior remodeling of a gas station into a convenience store. ,- Board granted approval to advertise an Ordinance for a 10:30 AM public Hearing on October 14, 1999 at the Harvey Government Center at Historic Truman School in Key West which amends Section 15.5-18(b) (1), Monroe County Code (MCC), clarifying existing language concerning OSTDS annual Operating permits. Board granted approval and authorized execution of Amendment (No.2) to Agreement between Monroe County and URS Greiner, Inc. dated March 3, 1999 for provision of transportation services under the current FOOT-Monroe County Joint Participation Agreement. Board granted approval and authorized execution of a Grant from the National Fish & wildlife Foundation to be used for the Channel Marking Master Plan for the Florida Keys, project number 98-249-002, expiring May 27, 2001, in the amount of $52,000 Board granted approval for the transfer of three buildable lots from Bruce & Judy Magolan and David H. Gloeckner to Monroe County by warranty deeds, permit number 99-2-0720 for Lots 9 & 10, Block 25, Sands Subdivision, Big pine Key & permit number 98-1-0329 for Lot 1, Block 5, Cutthroat Harbor Estates, Cudjoe Key. The applicants receiving dwelling unit allocation awards for the year ending July 13, 2000, have filed the documents in accordance with Ordinance No. 16-1992. The real estate numbers are 00177510, 00303110-000000, and 00303120- 000000. - Board granted approval for one Restrictive Covenant from Edwin C. Schunke to have one dwelling unit on two contiguous lots, permit number 96-1-0894 for Lots 8 & 9, Block 19, Jolly Roger Estates, Little Torch Key. The applicant receiving one ~ 99/355 dwelling unit allocation award for the year ending July 13, 1999, has filed the document in accordance with Ordinance No. 16-1992. The real estate numbers are 00218080 and 00218090. Board granted approval for the transfer of one buildable lot from William & Sandra Todd to Monroe County by Warranty Deed, permit number 99-1-0959, for Lot 27, Block 4, Doctor's Arm Subdivision, 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. Board granted approval for the transfer of two buildable lots from James B. Dertien & Raymond A. Ross to Monroe County by Warranty Deeds, permit number 99-3-1015 for Lot 20, Block 6, Ramrod Shores, Ramrod Key and Permit number 98-3-0632 for Lot 10, Block 33, Palm Villa, Big Pine Key. The applicants receiving dwelling unit allocation awards for the year ending July 13, 2000, have filed the documents in accordance with Ordinance 16-1992. ~ Board granted approval for one Affordable Housing Deed Restriction from Robert Albrecht, permit number 98-1-2835 for Lot 4, Block 6, Cudjoe Ocean Shores, Cudjoe 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 for the transfer of two buildable lots from William Hershey for Rudy Krause to Monroe County by Warranty Deed, permit 97-1-1867 for Lots 42 & 43, Summerland Estates, Re-Subdivision, Summerland 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 for the transfer of one buildable lot from Michael Phillips to Monroe County by Warranty Deed, permit number 98-1-1227 for Lot 19, Block 6, Ramrod Shores, Ramrod 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 for the transfer of two buildable lots from Jeffrey W. & Sondra A. McBrearty and Thomas & Caron Burgess for T. L. Johnson to Monroe County by Warranty Deeds, permit number 98-1-1814 for Lot 24, Block 2, Palm Villa Big Pine Key and permit number 98-1-1814 for Lot 16, Block 8, Amended Plat of Big Pine Key, Inc., Big pine Key. The applicant receiving a dwelling unit allocation award for the year ending - 99/356 July 13, 2000, has filed the documents in accordance with Ordinance No. 16-1992. Board granted approval for the transfer of three buildable lots from Jeffrey W. & Sondra A. McBrearty and Thomas & Caron Burgess for T. L. Johnson to Monroe County by Warranty Deeds, permit number 98-1-1817 for Lot 25, Block 5, Torch Key Estates Revised, permit number 98-1-1817 for Lot 11, Block 35, Port pine Heights, Big pine Key, permit number 98-1-1817 for Lot 11, Block 41, Port Pine Heights #2, Big Pine Key. The applicant receiving a dwelling unit allocation award for the year ending July 13, 2000, has filed the documents in accordance with Ordinance No. 16-1992. COUNTY ADMINISTRATOR Board granted approval to join the newly created Florida Coalition of Coastal Communities. * This item is re- considered later in the meeting and an appointment is made. See minutes page 99/362. - Board granted approval and authorized execution of a Restrictive Covenant as required under a grant to the Pigeon Key Preservation Foundation, Inc. Board granted approval for the Mayor to send letters to the federal legislative delegation in support of S.386/H.R.721, the Bond Fairness and Protection Act. COUNTY ATTORNEY Board adopted the following Resolution declaring the acquisition of real property on Key Vaca known as Parcel 13-10C in fee simple absolute as necessary for public use and for the County purpose of providing park and recreation lands in Monroe CountYi Authorizing the hiring of a surveyor and appraiser(s)i Authorizing the acquisition of said property by donation, purchase or eminent domain. RESOLUTION NO. 449-1999 See Res. Book No. 143 which is incorporated herein by reference. Board granted approval of settlement of litigation by writing off or accepting a partial payment of an Emergency Medical Service bill concerning Grace Mahan. - Board granted approval to execute a Bill of Sale of personal property to Islamorada, Village of Islands, to conclude ~ 99/357 a portion of the requirements of the Interlocal Agreement entered into last year, concerning the property known as the Islamorada Fire station. Board adopted the following Resolution setting the date, time and place for a public hearing of a proposed abandonment of a portion of Dolphin street West, Sugarloaf Shores Sec "0" Sugar loaf Key, Monroe County, Florida. RESOLUTION NO. 450-1999 See Res. Book No. 143 which is incorporated herein by reference. Board adopted the following Resolution setting the date, time and place for a public hearing concerning the proposed abandonment of a portion of Picard Lane, Cutthroat Harbor Estates Cudjoe Key, Monroe County, Florida. RESOLUTION NO. 451-1999 See Res. Book No. 143 which is incorporated herein by reference. ~ COMMISSIONERS' ITEMS Board granted approval of Commissioner Neugent's appointment of Scott Marr to the Planning Commission. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry updated the Board on enforcement of the Vacation Rental Ordinance as written in the report dated August 20, 1999 by Tom Simmons, Director of Code Enforcement. Mayor Harvey excused herself from the meeting. Mr. McGarry discussed letters the Board should be rece1v1ng from the Historic Florida Keys Foundation requesting appointments to the new Historic Preservation Commission. Mr. McGarry discussed with the Board selection of a site for a wastewater treatment plant in Marathon, and wastewater issues. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent to hold a Special Board Meeting on Thursday, October 7, 1999 at 3:00 P.M. at the -- Marathon Government Center concerning wastewater issues. Motion carried unanimously, with Mayor Harvey not present. - 99/358 Mayor Harvey returned to the meeting. Mr. McGarry discussed the Board's previous request for a detailed report on communications towers and indicated it was forthcoming. Mr. McGarry discussed a proposed Memorandum of Understanding with local governments concerning Land Development Regulations and the Rate of Growth Ordinance. He also discussed a DCA 380 agreement concerning the commercial moratorium and a comprehensive plan rule concerning cesspit credits. - Mr. McGarry addressed the Board concerning the Planning Department's recommendations on the application of the 88 "free" cesspit credits provided under Rule 28-20.100, recently enacted by the Florida Administration Commission (Governor and Cabinet). Bill Smith, representing the Florida Keys Contractors Association and Tim Bricker, representing Habitat for Humanity addressed the Board. After discussion, motion was made by Commissioner williams and seconded by Commissioner Neugent granting approval of Staff recommendation as indicated in the memorandum dated August 16, 1999 from Timothy J. McGarry, Director of Growth Management. Said document is incorporated herein by reference. Motion carried unanimously. COUNTY ATTORNEY County Attorney James T. Hendrick discussed with the Board approval to advertise an RFP, Design/Build or Design/Build/Operate a wastewater treatment system{s) to serve Key Largo hot spots. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval to advertise an RFP for a Design/Build or Design/Build/Operate of a wastewater treatment system (s) to serve Key Largo hot spots, and waiving any inconsistencies that may exist between this request for proposals and the County's purchasing policies and procedures. Roll call vote was unanimous. PUBLIC HEARINGS - The first of two Public Hearings were held concerning adoption of an Ordinance approving the request by Tom Horachek as agent for property owners of the north side of Conch Key, to amend Section 9.5-247 of the Monroe County Land Development Regulations to include vacation rentals as a permitted use in the CFSD-16 Zoning District, located at MM 63 of u.S. Highway No.1. The Board accepted public input with the following individual ~ 99/359 addressing the Board: Captain Tom Horachek addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Reich to continue to the second hearing to be held on Wednesday, October 13, 1999 at 5:01 P.M. at the Harvey Government Center @ Historic Truman School in Key West. Motion carried unanimously. 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 Lennox and Jean Bernard. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 452-1999 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 Special Master, In Re: The application of Glenn and Barbara Gray. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 453-1999 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 Special Master, In Re: The application of Stuart C. Apte. There was no public input. Motion was made by Commissioner Reich and seconded by Mayor Harvey to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 454-1999 See Res. Book No. 143 which is incorporated herein by reference. COUNTY ADMINISTRATOR ~ Community Services Director James E. Malloch addressed the Board. After discussion, motion was made by Mayor Harvey and seconded by Commissioner Freeman granting approval and authorizing execution of the Cooperative Agreement Addendum for canal cleaning between Monroe County, the Natural Resources Conservation Service (NRCS), and the South Florida Resource Conservation Development Council, Inc. (SFRC&D), resulting from -- 99/360 damages associated with Hurricane Georges and Tropical storm Mitch, contingent upon BOCC amending the capital plan (304 funds) in September, 1999. 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. John Carter, Senior Director - Office of Management & Budget addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval, pending legal review, of a contract with the KPMG LLP accounting firm to perform a cost and efficiency analysis of the Public Works Fleet Operation, and the Community Services Transportation program. Mr. Roberts and Public Works Director Dent pierce addressed the Board. Roll call vote was taken with the following results: -- Commissioner Freeman Yes Commissioner Neugent No Commissioner Reich No Commissioner Williams Yes Mayor Harvey No Motion failed. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent confirming the Administrator's appointment of K. Marlene Conaway to the position of Director of Planning in the Division of Growth Management. 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. Ken Carter and Kirby Cay Scheimann addressed the Board. Motion was made by Commissioner Neugent and seconded by -- Commissioner Freeman confirming the Administrator's appointment of James E. Malloch to the position of Director of the Division of Community Services. Roll call vote was taken with the 99/361 following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. Mr. Roberts discussed a request from The Reporter to use Monroe County's Channel 16 for a panel discussion concerning the potential incorporation of Key Largo. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of the request. Roll call vote was taken with the following results: ,-.. Commissioner Freeman No Commissioner Neugent No Commissioner Reich Yes Commissioner Williams No Mayor Harvey Yes Motion failed. Mr. Hendrick addressed the Board concerning approval of bill for specialized legal services and approval of the rate as identified for specialized counsel. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of the bill for court ordered mediation at the standard mediator's rate of $200. Roll call vote was unanimous. Motion was made by Commissioner Williams and seconded by Commissioner Neugent authorizing the County Attorney to purchase legal services according to the standards set forth in the County's purchasing policies and procedures, notwithstanding the hourly rate. Roll call vote was unanimous. Commissioner Freeman excused herself from the remainder of the meeting. MISCELLANEOUS ,-.. Michael Richardson, Consultant with the firm of Government Services Group, Inc. (GSG) and Heather Melom, with the firm of Nabors, Giblin and Nickerson, P.A. presented to the Board an overview report of the Florida Keys Mosquito Control. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams to place on the March ballot a ----- 99/362 referendum to have the Mosquito Control act as it is now operating or for the County Commission to recommend to the state Legislature to address with the Governor the Mosquito Control Board being an appointed position with positions appointed by the Governor. Mr. Hendrick and Mr. Roberts addressed the Board. After consideration, the motion was withdrawn and the County Attorney was directed to draft proper language for a possible March referendum with the proposed language to come before the Board at the October Board meeting in Key West. Bill Shaw, representing the Florida Keys Mosquito Control; Steve Smith, representing the Florida Keys Mosquito Control; Director Ed Fussell, representing the Florida Keys Mosquito Control, and Lynda Schuh addressed the Board. County Attorney James T. Hendrick was replaced by Assistant County Attorney Garth Coller for the remainder of the day. ~ Bill Daniels, Jr., Chairman of the Blue Ribbon Committee on Affordable Housing discussed with the Board consideration of recommendations of the Committee. Mr. McGarry and Assistant County Attorney Garth Coller addressed the Board. The Board agreed to individually supply a list of priorities to the Affordable Housing Task Force on their concerns and requested a member of the Monroe County Housing Finance Authority to attend the meeting of the Blue Ribbon Committee on Affordable Housing on Tuesday, September 21, 1999, 10:00 A.M. in Marathon. Peter Rosasco addressed the Board. Commissioner Williams excused herself from the meeting. COUNTY ADMINISTRATOR Motion was made by Commissioner Reich and seconded by Commissioner Harvey to reconsider Agenda item G.? concerning approval to join the newly created Florida Coalition of Coastal Communities. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Neugent appointing Commissioner Reich as the Board's appointment to the Florida Coalition of Coastal Communities. Motion carried unanimously. MISCELLANEOUS Motion was made by Mayor Harvey and seconded by Commissioner Reich appointing Sherry Read to the Monroe County -- School Readiness Coalition. Motion carried unanimously, with Commissioner Freeman and Commissioner williams not present. - 99/363 There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County commissioners of Monroe county ~ ~ c. iSJ>>~~ Isabel C. Desantis - Deputy Clerk ,,-