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10/14/1999 Regular ~ 99/404 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, October 14, 1999 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date, at the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams. Mayor Wilhelmina Harvey arrived later in the meeting. 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. ~ County Administrator James Roberts updated the Board on the status of Hurricane Irene. The Board was introduced to Marlene Conaway, Monroe County's new Planning Director. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to remove from the Agenda continuation of item 0-16, scheduled to be heard at 2:30 P.M., concerning an amendment to the Vacation Rental Ordinance #004-1997 to make less restrictive the affecting requirements in areas when the economy in a particular area of Monroe County has declined. Motion carried unanimously. Commissioner Williams excused herself from the meeting. Motion was made by Commissioner Reich and seconded by Commissioner Neugent to schedule a Special Meeting on October 19, 20, or 21, 1999, or at the earliest possible time, in Marathon or Key West to discuss the Vacation Rental Ordinance. Roll call vote was unanimous with Commissioner Williams and Mayor Harvey not present. commissioner Williams returned to the meeting. ~ ~ 99/405 ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Freeman granting approval of Additions, corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award to Bevette Moore, Airports Administrator, Airport Services. BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: ~ Board granted approval for one Restrictive Covenant from Roger and Martha Morse to have one dwelling unit on three contiguous lots, permit number 98-1-0899, for Lots 12, 13 & 14, Block 4, Indian Mounds Subdivision, Sugarloaf Key. The applicants receiving one dwell unit allocation award for the year ending July 13, 2000 have filed the document in accordance with Ordinance 016-1992: Board granted approval for one Restrictive Covenant from Albert P. st. John to have one dwelling unit on two contiguous lots, permit number 95-3-0136 for Lots 7 & 22, Block 4, Revised Plat of Sunrise Point, Key Largo. The applicants receiving one dwelling unit allocation award for the year ending July 13, 1996, has filed the document in accordance with Ordinance No. 16-1992. Board adopted the following resolution confirming the Administrative Boundary Interpretation of the Director of Growth Management in Land Use District Map Boundary Interpretation Number 107 regarding a portion of the NE 1/4 section 34, Township 67 South, Range 26 East. Geiger Key, Monroe county, Florida, at approximately mile marker 10, and having the following real estate number: 00146240-000100. RESOLUTION NO. 527-1999 See Res. Book No. 144 which is incorporated herein by reference. Board adopted the following Resolution authorizing an __ allocation from the Boating Improvement Fund in the amount of $3,745 for the installation of shallow water aids to navigation; and authorized execution of a Contract Agreement between Monroe ~ 99/406 County and American Underwater Contractors. RESOLUTION NO. 528-1999 See Res. Book No. 144 which is incorporated herein by reference. Board granted approval for the transfer of two buildable lots from D.M. Whittaker & Claudia Milne for Janet Dudley to Monroe County by Warranty Deed, permit number 98-2- 0761, for Lots 25 & 26, Block 4, Doctors Arm Subdivision First Addition, 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 016-1992. Board granted approval for two Affordable Deed Restrictions from Lauren & Dean Thompson and Lawrence & Arleen Thompson, permit numbers 98-1-2840 and 98-1-2839 for Lots 6 & 7, Block 16, Johnsonville, Big Coppitt Key. The applicant receiving a dwelling unit allocation award for the year ending July 13, 2000, has filed the document in accordance with Ordinance 016- 1992. ~ Board granted approval for the transfer of five buildable lots from Mark London to Monroe County by Warranty Deeds, permits number 99-1-1728 for Lots 14 & 15, Block 3, Ramrod Shores Marina Section, Ramrod Key; Lot 1, Block 4, Cutthroat Harbor Estates, Ramrod Key; Lots 16 & 17, Block 4, pine Key Yacht Club Estates, 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 016-1992. Board granted approval for one Affordable Housing Deed Restriction from Robert Albrecht, permit number 98-1-3133, for Lot 2, 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 016-1992. Board granted approval for the transfer of one buildable lot from Ralph Ronald Hilpot for Richard Mark to Monroe County by Warranty Deed, permit number 97-1-0840 for Lot 11, Block 5, 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 016-1992. Board granted approval for one Restrictive Covenant from George Wallis to have one dwelling unit on three contiguous ~ lots, permit number 98-3-3082 for Lots 16, 17 & 18, Block 2, Ocean Subdivision, Key Largo. The applicant receiving a dwelling unit allocation award for the year ending July 13, 2000, has ~ 99/407 filed the document in accordance with Ordinance 016-1992. Board granted approval for the transfer of one buildable lot from Shane & Tracey Sweeting to Monroe County by Warranty Deed, permit number 99-1-1155 for Lot 24, 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 016-1992. Board granted approval for two Affordable Housing Deed Restrictions from Habitat for Humanity of the Upper key, Inc., permit numbers 99-3-0041 & 99-3-0042 for Lots 13 & 14, Largo Gardens, Key Largo. The applicant receiving a dwelling unit allocation award for the year ending July 13, 2000, has filed the document in accordance with Ordinance 016-1992. Board granted approval to advertise an Ordinance amending Ordinance No. 034-1999 to establish a new hold harmless date for ROGO. ~ Board granted approval and authorized execution of a Contract Agreement between Monroe County and Marathon Electric Sign & Light, Inc. for beacon and tower installation at the Marathon Airport. Board granted approval and authorized execution of Lease Renewal Agreement between Monroe county and Peter Norquoy for a parcel of land (hangar space) at the Key West International Airport for an additional five years. Board granted approval of award of bid to Marathon Electric Sign & Lighting, Inc. for the Hi-Mast Apron Lighting at the Key West International Airport, and approval for the Mayor to execute same, pending review by the County Attorney. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Toppino's, Inc. for removal of existing sewer line road at the Key West International Airport. Board granted approval to extend hangar lease for Fred Cabanas, at the Key West International Airport, on a month-to- month basis, pending a new agreement for an additional five years. Board adopted the following Resolution amending ~ Resolution No. 364-1992, and any other previous fee schedules inconsistent herewith, and amending the Planning Department fee schedule to include application fees for historic resources, R e. V J . S "0 V\ 99/408 /- pursuant to section 9.5-534 (B)2 of the Monroe County Code. RESOLUTION NO. 529-1999 See Res. Book No. 144 which is incorporated herein by reference. Board adopted the following Resolution supporting full and expeditious re-establishment of Historic water flow that are critical to the restoration of Florida Bay. RESOLUTION NO. 530-1999 See Res. Book No. 144 which is incorporated herein by reference. commissioner williams announced to the Board that she had just received word from the White House that Monroe County ~ would be receiving $4,000,000 for wastewater treatment. Motion carried unanimously, with Harvey not present. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval and authorizing execution of the following six (6) items: .A""-' Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV03A3035 located at MM 100, Key Largo. Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV03A3034 located USCG Station, Islamorada. Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2958, DV03A2961, and DV03A2974 located in Boca Chica Bay. Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2963 located in Boca Chica Bay. Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2951 located in Boca Chica Bay. Resolution and Amendment to Agreement between Monroe County and Blue Water Marine for the emergency removal of DV3A3018 located at Dry Tortugas National Park. * RESOLUTION NO. 530A-1999 See Res. Book No. 144 which is incorporated herein by reference. -- Motion carried unanimously, with Mayor Harvey not present. ~ 99/409 Mayor Harvey arrived at the meeting. AIRPORTS Monroe County Airport Director Peter Horton addressed the Board. Motion was made by Commissioner Reich and seconded by Mayor Pro Tem Freeman granting approval for Gulfstream International Airlines (continental connection) to rent office space in the Terminal Building at the Key West International Airport, on a month-to-month basis pending a lease agreement. Motion carried unanimously, with Mayor Harvey not present. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry informed the Board that he had sent a letter to Mr. McDaniels of FEMA concerning the counting of downstairs enclosures. Mr. McGarry discussed a written report by Tom Simmons, Code Enforcement Director on enforcement of the Vacation Rental Ordinance dated September 21, 1999. Said document is incorporated herein by reference. Attorney Karen K. Cabanas of the firm of Morgan & Hendrick updated the Board on legal issues as written the memorandum dated October 13-14, 1999. Said document is incorporated herein by reference. Mr. McGarry briefed the Board on the Cesspool Identification and Elimination Program. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the concept for allocating up to $2.5 Million in grants for the replacement of cesspools. 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. Roberts updated the Board on the status of Hurricane Irene. ~ 99/410 COMMISSIONERS' ITEMS commissioner Reich discussed with the Board her item concerning the approval of a Resolution of the BOCC recognizing the need to split the budget of the Monroe County Sheriff for Fiscal Year 2000-2001 to provide separate millages for the cost of services that benefit only unincorporated Monroe County residents from the cost of services that provide a benefit countywide; authorizing staff to take all steps necessary to create a funding mechanism (MSTU, MCBU, MSTD) or to utilize existing districts to reflect the millage split; and providing an effective date. Motion was made by Commissioner Reich and seconded by Commissioner williams to postpone the item to the January Board meeting in Key West. Roll call vote was unanimous. PUBLIC HEARINGS ~ A Public Hearing was held concerning adoption of an Ordinance amending section 15.5-18 (b) (1), concerning the regulation of cesspits and unknown on-site wastewater treatment system; Monroe County Code; Clarifying 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 unanimous. ORDINANCE NO. 042-1999 See Ord. Book No. 53 which is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval of the following two (2) items: Amendment to Agreement between Monroe County and Adventure Towing & Salvage for the removal of selected derelict vessels n the Marathon area. Contract Agreement between Monroe County and Bluewater Marine for the removal of selected derelict vessels located in the nearshore waters of the lower Keys that are a direct result of Hurricane Georges. ~ Roll call vote was unanimous. ~ 99/411 AIRPORTS Motion was made by Commissioner Reich and seconded by Mayor Harvey to continue to the regularly scheduled meeting in Key Largo Agenda the presentation of the new employee parking lot at the Key West International Airport. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval and authorizing execution of Grant Agreement #SP527 between Monroe County and the Florida Department of Environmental Protection intended to fund the replacement of cesspits within unincorporated area of the Florida Keys. Motion carried unanimously. ~ Motion was made by Commissioner Williams and seconded by Commissioner Reich to continue to the regularly scheduled meeting in Key Largo the sanitary Wastewater Master Plan - Discussion of final wastewater management alternatives including; combined study area analysis; and concepts concerning funding and financing wastewater management alternatives. Motion carried unanimously. Marine Resources Director George Garrett and Attorney Nick Mulick addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams that the Board accept the recommendation of the Wastewater Task Force to agenda the issue of how funding for individual sites are to be ultimately approved by the Board and with public input. Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to postpone to a future date the presentation by the Planning Department on the Livable CommuniKeys Program - a community-based planning initiative to be led by the Comprehensive Planning team. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolution to adopt a Memorandum of Agreement between Monroe County and the Historic Florida Keys Foundation, Inc. pursuant to section 9.5- 460(A) of the Monroe County Code. Motion carried unanimously. ~ RESOLUTION NO. 531-1999 See Res. Book No. 144 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by f?~I.//:.s ['0 n .- 99/412 commissioner Neugent to adopt the following Resolution approving the appointment of members to the Historic Preservation Commission as follows: ADDointees Residence Dona Merritt * Lucie Adams David Ritz Alice Allen * Orlando Perez * Big pine Key West Key Largo Tavernier Key Largo * 2 year terms Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes - Motion carried. RESOLUTION NO. 531A-1999 ~ See Res. Book No. 144 which is incorporated herein by reference. MISCELLANEOUS The Board postponed Agenda item G-1 regarding the Rural Health Network report, "Lifelines - Medi-Van, the First 30 Days" - Mark Szurek; and Agenda item G-2 concerning Board action on the recommendations of the Blue Ribbon Committee on Affordable Housing. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County .- J6J.Jc. A2v'yJ~ Isabel C. Desantis / Deputy Clerk