11/10/1999 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, November 10, 1999
Key Largo, Florida
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A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 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; 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 Harvey and seconded by
Commissioner Neugent 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 Mayor Freeman and seconded by
Commissioner Neugent granting approval of the following items by
unanimous consent:
Board granted approval and authorized execution of
Contract WM739 between Monroe County and the Florida Department
of Environmental Protection, DEP Contact No. WM739 providing
funds for the completion of a Stormwater Master Plan.
'' City Council of Marathon.
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Board adopted the following Resolution evidencing its
policy that Monroe County recommend that Florida Department of
Transportation deny the requests to surplus properties adjacent
to US 1 for the life of both the Overseas Heritage Trail Master
Plan and the Stormwater Master Plan projects.
RESOLUTION NO. 565-1999
See Res. Book No. 144, which is incorporated herein by reference.
Board granted approval of an extension in the project
time period from December 31, 1999 to June 30, 2000 for the Joint
Participation Agreement (JPA) contract IAE-270 between Monroe
County, and the Florida Department of Transportation (FDOT), and
authorized execution of same.
Board adopted the following Resolution authorizing an
allocation from the Boating Improvement Fund the amount of
$50,000 for the installation of a pump out facility at the Key
West Bight.
RESOLUTION NO. 566-1999
See Res. Book No. 144, which is incorporated herein by reference.
Board granted approval for one Restrictive Covenant
from Troy Henson to have one dwelling unit on contiguous lots,
permit number 98-1-0361 described as Lots 29 & 30 and the
Westerly 35 feet of Lot 28, all in Block 7, Indian Mounds
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 Paul Sherman to Monroe County by Warranty
Deed, permit number 98-1-1285 for Lot 20, Block 10, Palm Villa,
Big Pine Key. The applicant receiving 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 Ralph & Jennifer Sanchez to Monroe County by
Warranty Deed, permit number 98-1-1279, for Lot 3, Block 14, Eden
Pines Colony, Big Pine Key. The applicants receiving 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 one Restrictive Covenant
from Tropical Isles Resort, Inc. to have one dwelling unit on
contiguous lots described, permit number 98-2-1103, as Lots 3 and
4, Roosevelt Point, Key Vaca. The applicant receiving one
dwelling unit allocation award for the year ending July 13, 2000,
kj e.vislIon
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has filed the document in accordance with Ordinance No. 16-1992.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of
Memorandum of Understanding No. FDOH01-1999 between Monroe County
and the Florida Department of Health to implement the Cesspool
Replacement Grant Assistance Program.
Board adopted the following Resolution adopting the
initial list of 22 areas to be defined as "Cesspool
Identification and Elimination Areas" as referenced in Ordinance_
No. 031-1999 concerning the regulation of cesspools and unknown
on -site wastewater treatment systems. Approval of the list of
the first 116 properties to receive letters from FDOH requiring
compliance with the Ordinance.
RESOLUTION NO. 567-1999
See Res. Book No. 144 which is incorporated herein by reference.
Board granted approval and authorized execution of a
Memorandum of Understanding No. FKAA 01-1999 between Monroe
County and the Florida Keys Aqueduct Authority to outline the
shared responsibilities of the Monroe County Board of County
Commissioners, the Florida Keys Aqueduct Authority, and the State
for administrative costs associated with the construction and
operation of a wastewater facility in the Little Venice area,
Marathon.
Board adopted the following Resolution to approve the
Planter Settlement Site as an Archaeological, Historical, or
Cultural Landmark, as provided in Article, VIII, Section 9.5-452
of the Monroe County Code. Monroe County is the applicant for
designating this site which is located in the County's Right -of -
Way at the Southeastern end of Planter Drive, Tavernier,, Key
Largo at approximately mile marker 92.5.
RESOLUTION NO. 567A-1999
See Res. Book No. 144, which is incorporated herein by reference.
Roll call vote was unanimous.
MISCELLANEOUS BULK APPROVALS
Code Enforcement Director Tom Simmons addressed the
Board. Motion was made by Commissioner Reich and seconded by
Commissioner Neugent granting approval of a request by Code
Enforcement Department for removal of an unsafe and unsanitary
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structure and removal of debris located on Lot 31, Block 6,
Sexton Cove Estates, Key Largo, real estate number 00532701-
018500. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Mayor Freeman to adopt the following Resolution authorizing an
allocation from the Boating Improvement Fund in the amount of
$900 for the emergency repair of Channel Marker #4 Tavernier
Creek and authorized execution of Contract Agreement between
Monroe County and A.S.A.P., Inc. for same. Motion carried
unanimously.
RESOLUTION NO..568-1999
See Res. Book No. 144 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director Tim McGarry discussed the
Vacation Rental Ordinance; permitting during the transition to
the City of Marathon; Permit records for the Village of
Islamorada; and enforcement of Affordable Housing Restrictions.
Motion was made by Commissioner Williams and seconded
by Commissioner Neugent approving the appointment of David Harum
and Diane Silvia to the Historic Preservation Commission (HPC).
Motion carried unanimously.
Mr. McGarry discussed the wastewater treatment
subsidiary program. Nicholas W. Mulick, representing the
Wastewater Task Force addressed the Board. Motion was made by
Commissioner Harvey and seconded by Commissioner Reich to
reconsider Agenda item E.3 concerning the approval of a
Memorandum of Understanding No. FDOH01-1999 between Monroe County
and the Florida Department of Health to implement the Cesspool
Replacement Grant Assistance Program. Motion carried
unanimously. Dona Merritt, representing Little Torch Critters
Club discussed Little Torch and the cold/hotspots designations.
This matter was referred to Staff. Motion was made by
Commissioner Williams and seconded by Commissioner Neugent
granting approval of the Memorandum of Understanding. 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.
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County Attorney James T. Hendrick discussed with the
Board the Vacation Rental class action suit and the Growth
Management Litigation Report by Karen K. Cabanas, Esq. dated
November 10-11, 1999. Said litigation report is incorporated
herein by reference. Mr. Hendrick also discussed an expired
permit on certain Key Haven residential property. Motion was
made by Commissioner Neugent and seconded by Commissioner
Williams directing Staff to utilize the appropriate mechanism to
direct the re-establishment of construction on the Martin
property at Lot 35, Block 4, Tenth Addition. Motion carried
unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an
Ordinance adopting amendments to the Residential ROGO and
Repealing Ordinance No. 006-1997. These amendments to portions
of Sections 9.5-4, 9.5-120 through 9.5-124 and 9.5-266 address
Affordable Housing in environmentally sensitive lands, pool
unused Affordable Housing ROGO Allocations, revise points for
energy conservation and structural integrity, provide new
.— definitions, create transfers of ROGO exemptions for off -site
redevelopment, modify the qualifying criteria for affordable
housing ROGO allocations and revise the total number of
allocations available in unincorporated Monroe County to reflect
the incorporation of Islamorada. There was no public input.
Motion was made by Commissioner Reich and seconded by
Commissioner Williams to adopt the following Ordinance. Roll
call vote was unanimous.
ORDINANCE NO. 047-1999
See Ord. Book No. 53 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Mr. McGarry addressed the Board. K. Marlene Conaway,
Director of Planning made a presentation to the Board on the
Livable CommuniKeys Program - a community -based planning
initiative to be led by the Comprehensive Planning team. The
Board took no official action.
Mr. McGarry and Don Digiacomo, representing Karl Otzen
addressed the Board concerning a request by Mr. Karl G. Otzen for
a Flood Variance for property located at 8 Cardsound Point, Ocean
Reef, Key Largo. Motion was made by Commissioner Williams and
seconded by Commissioner Neugent to uphold Staff recommendation
and deny the request for the variance. Roll call vote was
unanimous.
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Mr. McGarry addressed the Board. Ken Williams, Project
Engineer with CH2MHill made a presentation to the Board of the
Sanitary Wastewater Master Plan - and discussion of final water
management alternatives including; combined study area analysis
and review of cluster system options; resulting of the treatment
plant siting analysis; and concepts concerning funding and
financing wastewater management alternatives. After discussion,
motion was made by Commissioner Williams and seconded by
Commissioner Neugent to notify residents of cold spot areas not
having unknown systems which will be subject to replacement in
the coming year that they may wish to work with their neighbors
on the most cost efficient solutions available. Roll call vote
was unanimous.
Motion was made by Commissioner Williams and seconded
by Commissioner Neugent granting approval of the document
entitled Report to BOCC Master Plan Development Cluster Systems
Final Screening. Motion carried unanimously. Bob Schneider,
representing the Big Pine Key Civic Association addressed the
Board.
I-- MISCELLANEOUS
Bill Daniels, Jr., representing the Blue Ribbon
Affordable Housing Task Force discussed with the Board
consideration of the first two sets of recommendations from the
Blue Ribbon Committee on Affordable Housing. Douglas and Sherri
Varrieur, representing the Millennium Development Group of the
Florida Keys; Sheila Chamberlain, Legislative Aide for Senator
Daryl Jones; Ed Swift, representing the Blue Ribbon Committee,
and Rocky Hubert, representing the Monroe County Housing Finance
Authority addressed the Board. Motion was made by Commissioner
Williams and seconded by Commissioner Harvey granting approval of
the following Staff recommendations on Blue Ribbon Committee
Recommendations:
12 Monroe County Housing Finance Authority leadership role
#3 No change to the Land Authority Mission Statement
#6 Identify and actively work toward seeking affordable
housing funding
#7 Request changes to the State Statutes as requested by
Blue Ribbon Committee
18 Direct Staff to prepare a Resolution for a special
designation of Monroe County as a Target Area for
affordable housing funding
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#10 Create a pool of affordable housing units to replace
those to be lost via the FEMA inspection process
within the confines of the law
#12 Request County staff updates on the hurricane
evacuation model
Blue Ribbon Committee will sunset after its final Report in
December, 1999.
Motion's Plan for Action:
1) DCA has expressed a willingness to commit to 90
affordable housing permits outside of ROGO to replace
units about to be destroyed in the FEMA inspection
process that were counted in the housing unit numbers
that resulted in our current ROGO allocation numbers.
Our first step is to get that agreement on the table
and we should direct Staff to do so, with the aim of
finalizing that agreement by the end of the year.
(January 1, 2000)
2) We should direct Staff to identify a suitable parcel or
parcels of land in each of the three areas of the Keys
(Upper, Middle & Lower) as a suitably zoned site for
affordable housing (with each geographically designated
parcel to be planned as the recipient of one third of
the coming permits detailed in 1) above) (February 1,
2000)
3) Those land parcels should be presented to the Land
Authority for consideration for purchase, and to the
Monroe County Housing Finance Authority - and we should
acquire those parcels through one of those means. (June
2000)
4) County Planning Department Staff should plan a design
competition or RFP process for developers interested in
partnering with the County to produce much needed
affordable housing projects on each of these sites with
the following criteria for those housing units:
multiple unit projects with monthly housing unit rents
between $500-$800. (should take place simultaneously
with item 14, August 1, 2000)
5) The Design Competition or RFP will be approved by the
County Commission and submitted for responses. (August
15, 2000)
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6) The Housing Finance Authority with the aid of Planning
Department Staff shall report on the quality of the
responses. (November 15, 2000)
7) The Board of County Commissioners will formally approve
the best response (November 15, 2000)
8) The Monroe County Housing Finance Authority will put
together a financing package to allow the projects to
begin, starting with the project in the area of
greatest need (first project should be contractually
obligated in the first quarter of 2001)
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.
Mr. Daniels, Donald Craig, Mr. McGarry, and Alan
Woolwich, representing the Florida Department of Community
Affairs addressed the Board. Motion was made by Commissioner
Williams and seconded by Commissioner Neugent granting approval
of the following:
Page 19 - Do not support this Blue Ribbon Committee
recommendation as presented, but rather direct County staff to
explore all available options to `fast tract' affordable housing
development proposals requiring a change in the 2010 Plan and
then proceed with those options that are the most feasible and
most in keeping with the Comprehensive Plan itself. Roll call
vote was unanimous.
Mr. Roberts discussed considerations for Legislation in
the coming Legislative Session. Some of the items discussed were
Capital Funding for the Upper Keys Health Department, Affordable
Housing and notification of Incorporation Bills which may be
pending.
The Board discussed a request from certain residents of
No Name Key for a Resolution from the County Commission
concerning the separation of No Name Key from any incorporation
consideration for Big Pine Key. Eugene Shinkevich, representing
the Florida Keys Citizens Coalition addressed the Board.
Commissioner Williams requested that our
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representatives attempt to have funding set aside for wastewater
and stormwater facilities and projects in the Keys.
Sheila Chamberlain, Legislative Aide for Senator Daryl
Jones addressed the Board. Motion was made by Commissioner
Neugent and seconded by Commissioner Williams to request the
Legislature to consider the Board's request from the previous
Legislative Session concerning personal watercraft. 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.
The Board directed Staff Board to review all prior
requests for Legislation that had not been acted upon by the
Legislature.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
Isabel C. DeSantis
Deputy Clerk