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12/09/1999 Regular 99/471 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, December 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 wilhelmina Harvey, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams, and Mayor Shirley Freeman. 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. PRESENTATIONS An Honorary Conch certificate was presented to Tim wilson. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Harvey 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 Harvey Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Freeman Yes Motion carried. BULK APPROVALS Motion was made by Commissioner Harvey and seconded by Commissioner williams granting approval of the following items by unanimous consent: Board granted approval to advertise an Ordinance amending section 5-42, Monroe County Code (MCC); Providing for a waiver of required building permit fees needed for implementation of County housing rehabilitation 99/472 projects for eligible very-low and low income participants. Board granted approval for the transfer of one buildable lot from Miguel A. & vicki L. Jimenez to Monroe County by Warranty Deed, permit number 99-1-0040, described as Lot 26, Block 21, Eden pines Colony #3, Big pine Key. The applicants receiving dwelling unit allocation award for the year ending July 13, 2000, have filed the documents in accordance with Ordinance No. 16-1992. Board granted approval and authorized execution of a contract between Monroe County and J. Jefferson Overby to provide services as Special Master for Code Enforcement. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $2,099.70 and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2983 located in a canal off of Marathon, Monroe County. RESOLUTION NO. 618-1999 See Res. Book No. 144 which is incorporated herein by reference. Board granted approval to cancel the Contract Agreement between Monroe County and Adventure Towing & Salvage and granted approval and authorized execution of a new Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of selected derelict vessels in the Marathon area. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A2897 located just off of the channel leading into Boca Chica Bay, Key West. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $450 for the removal and disposal of Channel Marker #1 Sunset Marina Channel and granted approval and authorized execution of the Contract Agreement between Monroe County and Blue Water Marine, Inc. for same. RESOLUTION NO. 619-1999 See Res. Book No. 144 which is incorporated herein by reference. Board granted approval for the transfer of one buildable lot from Klaus Franz to Monroe County by Warranty Deed, permit number 99-1-0904, described as Lot 30, Block 1, Ramrod Shores Marina section, Ramrod Key. Board granted approval to seek contract time extensions for Florida Department of Environment Protection (DEP) contract WFF333 and llorida Department of community Affairs (DCA) contract 99-DR-1Q-11-54-01- 001 relating to the funding of cesspit replacement. Approval for the Clerk 99/473 to sign said time extensions on behalf of the County. TOURIST DEVELOPMENT COUNCIL Board granted approval to advertise Request for Bids (RFB) for Fiscal Year 2001 Destination/TurnKey event applications. Board granted approval and authorized execution of an Agreement between Monroe County on behalf of the Tourist Development Council and Islamorada Village of Islands to finance maintenance of Anne's Beach, Library Beach, and the Hurricane Monument in an amount not to exceed $34,200, DAC IV, FY 2000, Third Penny. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Lower Keys Chamber of Commerce to allow for revision of the budget for Octoberfest 2000. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Key West Literary Seminar. Board granted approval and authorized execution of Funding \greement between Monroe County and Atlantic Shores Resort, Ltd covering Womenfest 2000 on September 5-11, 2000 in an amount not to exceed $25,000, FY 2000, Two Penny, allocated under the Cultural Umbrella. Board adopted the following Resolution transferring funds. RESOLUTION NO. 620-1999 See Res. Book No. 144, which is incorporated herein by reference. Board adopted the following Resolution transferring funds. RESOLUTION NO. 621-1999 See Res. Book No. 144, which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Board granted approval to submit grants to the State's Water Advisory Panel on the Big coppitt Wastewater Treatment System and two (2) stormwater Run-off Projects. Board granted approval of a letter to Cold spot property owners who will not be receiving packets from the Department of Health (DOH) because their systems are permitted (while their neighbors with unpermitted systems WILL be receiving packets from DOH). Board granted approval to advertise change in County Ordinance #031-1999. 99/474 Roll call vote was unanimous. MISCELLANEOUS BULK APPROVALS County Attorney James T. Hendrick addressed the Board. After discussion, motion was made by Commissioner williams and seconded by Mayor Freeman granting approval to advertise an Ordinance amending section 6-40, Monroe County Code; Establishing inactive building permits and procedures for reactivation of inactive building permits, and the following changes also be included in said advertisement: 1. Additional inspections of any work in place will be required as needed. 2. The applicant for the extension must sign an acknowledgment that this will be the final extension; and failing completion of the work during the extended period, resort will be had to nuisance abatement or the improvement will be demolished. 3. provisions of the Ordinance will apply not only to the current owner and permittee but also to successor owners and permitees. Roll call vote was unanimous. MISCELLANEOUS BULK APPROVALS Marine Resources Director George Garrett addressed the Board concerning the approval of a Resolution and Contract Agreement between Monroe county and Blue Water Marine, Inc. for the emergency removal of DV03A3071 located in Key Largo. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner williams to table the item. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Board discussed approval of 'at large' appointment to the Tourist Development Council District V Advisory Committee. Term is for a period of three years. The Board proceeded to ballot on the two individuals on the basis of the highest point total being the individual selected, with the following results: 99/475 Ann Nickerson Hunter Padgett Harvey X Neugent X Reich X williams X Freeman X Total 2 3 On the basis of the above ballot, the Board selected to re- appoint Hunter Padgett to the District V Advisory Committee. Ann Murphy, Planner/Comprehensive Plan reported to the Board on the status of the resident survey of tourism impacts. The Board took no official action. Motion was made by Commissioner williams and seconded by Commissioner Neugent to table to the next regular meeting discussion and approval from the Board of County commissioners of additional projects for the balance of Tourist Development Council funding. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Planning Director K. Marlene Conaway advised the Board that the Planning Commission will hold a public hearing on Wednesday, December 15, 1999 at 10:30 A.M. in Key Largo concerning the Vacation Rental Ordinance. The following individuals addressed the Board: Mark Andre and cynthia Cameron, representing the Lower Keys Chamber of Commerce. Trish stratton, Bicycle Coordinator updated the Board on the Overseas Trails Master Plan. Ms. Conaway discussed the 380 Agreement - Nonresidential ROGO. Eugene Shinkevich addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent requesting the Planning Department revisit this issue and that the Board be provided with alternatives for a quick, effective, and legal approach to solving this problem. Roll call vote was unanimous. Ms. Conaway also discussed the 380 Agreement - Downstairs Enclosures. Joel Rosenblatt, P.E. addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to table the item to later in the day. Motion carried unanimously. commissioner Williams formally announced that Code Enforcement Nas still continuing to enforce violations in the Marathon area. 99/476 COUNTY ADMINISTRATOR Mr. Roberts discussed with the Board the availability of properties in the city of Key West at 323 Fleming street, and 444 Whitehead street as offered for sale by the u.s. Postal Service. The Board took no official action. commissioner williams discussed approval, if necessary, of the inclusion of some portion of the $1,000,000 set aside for a particular facility to facilitate the application for a Big coppitt sewage facility. Mr. Hendrick addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to remove from the table agenda item E.1 d) 380 Agreement - Downstairs Enclosures. Motion carried unanimously. Ms. conaway addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval and authorizing execution of a Memorandum of Agreement between Monroe County and the Department of Community Affairs to allow for the replacement of dwelling units contained within illegal downstairs enclosures to be removed under the County's Flood Insurance Inspection Program. 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. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval to close the permitting office on December 27 & 28, 1999 in order that they may work to complete implementation of the changeover to the new computer tracking system. Motion carried unanimously. Marine Resources Director George Garrett addressed the Board and introduced representatives of CH2MHill who made a presentation concerning the Wastewater Master Plan. The Board took no official action. COUNTY ADMINISTRATOR The continuation of a Public Hearing (from yesterday's meeting 12-08-99) was held concerning adoption of an Ordinance authorizing a donation of $2150 to the Small County Coalition in order to become a --Coalition member and further authorizing that such donation may be used to ~ay Robert P. Jones and Associates for legislative consulting services on small county issues; Providing for severability; Providing for the repeal 99/477 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 Reich and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 048-1999 See Ord. Book No. 53 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT County Attorney James T. Hendrick discussed with the Board the Marathon Park acquisition. Kirby Cay Scheimann, representing the Marathon community council; Marv Shindler, and Ray Kitchener addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams to offer $1,354,000 for the purchase of the property, and failing acceptance, to initiate quick-take proceedings with the filing of a declaration of taking. Roll call vote was unanimous. Motion was made by Commissioner williams and seconded by Commissioner Neugent directing the Executive Director of the Monroe County ~and Authority, Mark Rosch to work with the Board and the Land Authority in preparing an application for additional funds from the Florida Communities Trust during the next window of opportunity in February for expenditure within the County. Motion carried unanimously. Ann Murphy, Comprehensive Planner addressed the Board concerning consideration of the final recommendations from the Blue Ribbon Committee on Affordable Housing. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the following: Recommendation #1 Resolution requesting deletion of section 163.3187 (1) (c)l.e., Florida Statutes to allow for the submittal of small area amendments to Monroe County's Future Land Use Map more than twice a year to help fast track potential affordable housing developments. RESOLUTION NO. 622-1999 See Res. Book No. 144 which is incorporated herein by reference. Recommendation #2 support staff in their additional fast tracking efforts for affordable housing developments. Recommendation #4 The Committee established by the BOCC are directed to review how to spend the funds recently made available to the Sheriff's Office and inquire if it would be possible to spend some of these funds on affordable housing initiatives. loll call vote was unanimous. 99/478 Motion was made by Commissioner williams and seconded by commissioner Neugent to adopt the following four (4) Resolutions: Resolution requesting state Legislation and Rule changes that would re-define existing set-aside allocations for state affordable housing funding programs and rules for rental units including those of the Florida Housing Finance Corporation to enable Monroe County to effectively compete for these funds. RESOLUTION NO. 623-1999 See Res. Book No. 144 which is incorporated herein by reference. Resolution requesting state Legislation and Rule changes that would both create new set-aside allocations and revise the existing maximum cost per rental units built with tax credit funds under state Affordable Housing Funding Programs and Rules including those of the Florida Housing Finance corporation to enable Monroe County to effectively compete for these funds. RESOLUTION NO. 624-1999 See Res. Book No. 144 which is incorporated herein by reference. Resolution requesting the reinstatement of scattered site criteria for home ownership under State Affordable Housing Funding Programs and Rules including those of the Florida Housing Finance Corporation to enable Monroe County to effectively compete for these funds. RESOLUTION NO. 625-1999 See Res. Book No. 144 which is incorporated herein by reference. Resolution requesting state Legislation and Rule changes directing the Florida Housing Finance corporation to designate all of Monroe County as both a local and a State target area to access target area, low-interest rate first mortgages for homeownership. The above Resolution is amended as follows: Page 4 of 4, section 1. Add the following words at the end of the paragraph - "for those areas that are currently or within the last ten (lO) years at the time of application have been designated an Area of critical state Concern". RESOLUTION NO. 626-1999 See Res. Book No. 144 which is incorporated herein by reference. Motion carried unanimously. 99/479 MISCELLANEOUS BULK APPROVALS Mr. Garrett addressed the Board. Motion was made by commissioner williams and seconded by Commissioner Reich to adopt the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $2,340 and authorizing execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of DV03A3071 located in Key Largo. Roll call vote was taken with the following results: commissioner Harvey Yes commissioner Neugent No commissioner Reich Yes commissioner Williams Yes Mayor Freeman Yes Motion carried. RESOLUTION NO. 627-1999 See Res. Book No. 144 which is incorporated herein by reference. There being no further business to come before the Board, the meeting was adjourned. J2::>a-t~~L C I tJv)6 a~v Isabel C. DeSantis, Deputy Clerk