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08/17/2000 Regular - MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2000/247 Regular Meeting Board of County Commissioners Thursday, August 17, 2000 Key Largo, FL A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., on the above date at the Key Largo Library. 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; James Roberts, County Administrator; Assistant County Attorney Karen Cabanas; 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 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. County Administrator James Roberts recognized Code Enforcement Director Tom Simmons and Shane Reid from Information Systems who will be leaving County employment, and thanked them for their service to the County, BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval ofthe following items: __ Board adopted the following Resolution approving an exemption from the Non-residential Permit Allocation System pursuant to Policy 101.3.4 of the Monroe County Year 2010 08/17/00 2000/248 ,- Comprehensive Plan for Key Largo Volunteer Ambulance Corps, Inc. for a 2,992 square foot addition to the an existing building. The property is located at mile marker 98.3 and is further described as part oflots 22 and 17 of the model land company plat, Island of Key Largo, Monroe County, Florida. The land use designation is suburban commercial and the real estate number is 00088100-000100. RESOLUTION NO. 312-2000 See Res. Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution approving an exemption from the Non-residential Permit Allocation System pursuant to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan for St. Nicholas Greek Orthodox Church and the Orthodox Christian Community of the Keys. The property is located at mile marker 98.1 and is further described as part of tract "A", Caribbean Heights Subdivision, Island of Key Largo, Monroe County, Florida. The land use designation is suburban residential and the real estate number is 04592970-000000. RESOLUTION NO. 313-2000 See Res. Book No. 145, which is incorporated herein by reference. - Board granted approval and authorized execution of a Contract Amendment between Monroe County and Michael Design and Associates, Inc, for the completion of a master plan for the Overseas Heritage Trail. Board granted approval and authorized execution of a Grant of Conservation Easement for Lot 18, Block 7, Harbor Course Section 3, Ocean Reef Plat 18, Plat Book 7, Page 53 Monroe County between Monroe County and Pinnacle Investment Properties, Inc. The real estate number is #00573710-001800. Board granted approval and authorized execution of a Grant of Conservation Easement for Lot 8, Block 54, Harbor Course Section #4, Ocean Reef, Plat 19, Plat Book 7, Page 54 Monroe County between Monroe County and Susan Rizika. The real estate number is #00573720-005400. Board granted approval and authorized execution of a Grant of Conservation Easement for Lot 6, Gato Farm Sub Plat #1 between Monroe County and Boundary LTD. The real estate number is #00214560-000000. Board granted approval and authorized execution of a Grant of Conservation Easement for Lots 6, 7 & 8, Block 6, Cutthroat Harbor Estates, as recorded in Plat Book 4, Page 165, of the Public Records of Monroe County Florida between Monroe County and Phil Embry and Linda McNeal Embry. The real estate number is #0017812.;.000000. Board granted approval for the Planning Department to solicit a Request for - Qualifications from qualified economic and professional planning consulting firms to prepare economic and land use analyses for the Livable CommuniKeys Program. 08/17/00 2000/249 - Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the emergency removal ofDV3A3269, DV3A3271, DV3A3279, and DV3A3318 located off of the Lower Keys, Monroe County and granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for same. RESOLUTION NO. 314-2000 See Res. Book No. 145, which is incorporated herein by reference. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Anchor Towing for the removal of derelict vessels Zone I-Key West to the South end of the Seven Mile Bridge. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal ofDV3A3270, located off of Islamorada, Monroe County. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the emergency repair of Channel Markers #3 & #7 located in Tavernier Creek, Monroe County and granted approval and authorized execution of a Contract Agreement between Monroe County and AS.AP., Inc. for same. - RESOLUTION NO. 315-2000 See Res. Book No. 145, which is incorporated herein by reference. Board granted approval for the transfer of one buildable lot from Jody Gay and William E. Rozuk for William and Christine Eck to Monroe County by Warranty Deed, permit number 99-1-3244, described as Lot 8, Block 6, revised Plat of Torch Key Estates, Little Torch 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. 47-1992. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe County and Florida Keys Wild Bird Center, Inc. for the repair of the main visitor boardwalk in an amount not to exceed $21,000, DAC IV, FY 2000, Capital Resources. Board granted approval and authorized execution of an Agreement between Monroe County and Friends of Mallory Square for the implementation of bricks at the Key West Sculpture Garden in an amount not to exceed $36,000, DAC I, FY 2000, Capital Project Resources. Board granted approval of consideration of payment not to exceed $11,953.32 for invoices submitted for WomenFest '98. .- 08/17/00 2000/250 - Board adopted the following Resolution of the Tourist Development Council of Monroe County supporting local efforts to seek Florida scenic-highway designation for the Florida Keys Overseas Highway. RESOLUTION NO. 316-2000 See Res. Book No. 145, which is incorporated herein by reference. COUNTY ADMINISTRATOR Board granted approval and authorized execution of an Agreement between Monroe County and Keys Hospital Foundation, Inc. regarding temporary storage at the old Mariner's Hospital property. Board granted approval to submit a Grant Proposal to the Florida Communities Trust for the purchase of property on Key Largo. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS - Code Enforcement Director Tom Simmons addressed the Board concerning approval of a Resolution establishing a fund for the purpose of making reservations for vacation rentals that will provide competent evidence for prosecution of the violation before the Monroe County Special Master or a court of competent jurisdiction. Danny L. Kolhage, Clerk of Court addressed the Board. After discussion, motion was made by Commissioner Williams and seconded Commissioner Neugent granting approval to the advertising of an Ordinance, this item will change to the standard language to advertise an Ordinance instead of the approval of the Resolution that's on 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. Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval and authorizing execution of the following two items: Contract Agreement between Monroe County and American Underwater Contractors, - Inc. for the repair of aids to navigation damaged by Hurricane Irene. 08/17/00 .- 2000/251 Adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the purchase of 9" piling caps for placement on County owned shallow water markers. 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. RESOLUTION NO. 317-2000 See Res. Book No. 145, which is incorporated herein by reference. Motion was made by Mayor Freeman and seconded by Commissioner Neugent to adopt the following Resolution authorizing an allocation from the Boating Improvement Fund for the emergency removal ofDV3A3163 located off of Duck Key, Monroe County, and granted approval and authorized execution of Contract Agreement between Monroe County and Blue Water Marine, Inc. for same. Roll call vote was taken with the following results: .- Commissioner Harvey Commissioner Neugent Commissioner Reich Commissioner Williams Mayor Freeman Motion carried. Yes Yes No Yes Yes RESOLUTION NO. 318-2000 See Res. Book No. 145, which is incorporated herein by reference. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval and authorizing execution of a revised Memorandum of Understanding No. DOH 01-1999 (Homeowners Wastewater AssistanceProgram) between Monroe County and Monroe County Health Department to incorporate Amendment Nos. 1 and 2 and to correct scrivener errors and recession of Amendment NO.2. Roll call vote was taken with the following results: .- Commissioner Harvey Commissioner Neugent Commissioner Reich Commissioner Williams Mayor Freeman Yes Yes No Yes Yes 08/17/00 2000/252 - Motion carried. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry reported to the Board that he had written a letter to the Department of Community Affairs concerning affordable housing and updated the Board on the progress of the Environmental Assessment being conducted on the proposed wastewater site in Key Largo. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item with the Board concerning adoption of a Resolution requesting the Florida Department of Health, Monroe County Health Department to implement the interim on-site wastewater treatment system design standards for the Key Largo Wastewater Service Area. Charles Brooks and Joseph Harris addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Resolution. Roll call vote was unanimous. ,- RESOLUTION NO. 319-2000 See Res. Book No. 145, which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Assistant County Attorney Karen Cabanas updated the Board on the Neumont case concerning vacation rentals; the Ambrose case concerning platted lots; and the litigation concerning personal water craft. Mr. Simmons addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval to advertise and Ordinance repealing Chapter 6.3, Articles I and II, Monroe County Code, "Code Enforcement"; repealing existing provisions and creating new provisions establishing and regulating the Department of Code Enforcement; providing applicability; providing definitions; providing for penalties; providing methods for notification; providing for the creation of the position of Monroe County Code Enforcement Special Master; providing for severability; providing for inclusion in the Monroe County Code; providing an effective date. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning the consideration of an Administrative Relief _ application filed by Mr. Nicholas Mulick (Permits #94-3-2393 and #94-3-2394) for Part of Government Lot 3, Key Largo, MM 95.5, owned by David Richardson and John Thatcher as 08/17/00 2000/253 - Trustee. Mr. McGarry addressed the Board The Board accepted public input with the following individuals addressing the Board: Attorney Nicholas Mulick, Barry Patterson, and Jerry Wilkinson. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Harvey granting approval of Staff recommendation requesting that the Land Authority expeditiously enter into negotiations to purchase the property for the County. Roll call vote was unanimous. - The third of three Public Hearing was held concerning adoption of an Ordinance approving the request filed by the Planning Department to amend the Monroe County Land Development Regulations, Sec. 9.5-4, definitions, Sec. 9.5-232 through Sec. 9.5-238, Sec. 9.5-242, Sec. 9.5-244 through Sec. 9.5-249, and Sec. 9.5-252. These changes concern permitted uses to permit public wastewater treatment facilities in various land use districts and to amend Sec. 9.5-249, Industrial Land Use District, to permit parking lots for uses located in adjacent land use districts; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs. Mr. McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Doris Kendall, Carl Kendall, Mary Lou Wilkinson, Charles Brooks, Chuck Tittle, Jerry Wilkinson, representing the Historical Preservation Society of the Upper Keys, Inc.; Ronnie Harris, Joe Harris, representing AEFFK of the Keys. Motion was made by Commissioner Reich to not approve the item. Motion died for a lack of a second. Motion was then made by Commissioner Neugent and seconded by Commissioner Williams to continue the Public Hearing to the next Marathon Board meeting on September 20,2000, at 5:00 P.M., and further, that no final action be taken until the next Key Largo Board meeting. 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. A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida Department of Community Affairs the request by the Planning and Environmental Resources Department to amend the Monroe County Year 2010 Comprehensive Plan adding a Livable Communikeys Element including principles for the development of local community plans. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 320-2000 See Res. Book No. 145, which is incorporated herein by reference. .-. 08/17/00 2000/254 - COUNTY ADMINISTRATOR Monroe County Land Authority Director, Mark Rosch addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to discontinue negotiations with Kimco Realty for library and office space in the Tradewinds Shopping Center. Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida J:bak1c. ~~~ Isabel C. DeSantis /' Deputy Clerk - -