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02/23/1998 Special 98/54 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Monday, February 23, 1998 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 11:00 a.m., on the above date, at the Marathon Government Center. Present and answering to roll call were Commissioner Keith Douglass, Commissioner Shirley Freeman, Commissioner Wilhelmina Harvey, and Mayor Jack London. Absent was Commissioner Mary Kay Reich. 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 There were no Additions, Corrections or Deletions to the Agenda. Mr. Roberts announced that there was a change in the location of the Transit Greenways Hearing. The meeting will be held in the upstairs restaurant of Marina Del Mar Coconuts Conference Room from 6:00 p.m. to 9:00 p.m. PUBLIC HEARING A Public Hearing was held on the request of Hawk's Cay Resort to modify a major development approval and development of regional impact approval to reconfigure the hotel units and add development corridor 4 which includes 5-10 hotel units and recreational facilities (2 swimming pools, volleyball and basketball courts, playground, recreation club) and accessory uses. Timothy J. McGarry, Director of Planning addressed the Board. The Board accepted public input with the following individuals addressing the Board: Sandra Walters; Don Johnson, President of Hawk's Cay; pritam singh, Developer of Hawk's Cay Resort; Sheldon Evans, Esq., representing Duck Key Homeowners Group; Dr. George R. Prout; Tom Cherniavsky, representing Hawk's Cay; Thomas D. Wright, Esq., representing Hawk's Cay Resort; 98/55 Suzanne Fuhrman; John Fuhrman; Pat Reeder; Fred J. Riffe; Betty Vail; Ray Kitchener, representing the Greater Marathon Chamber of Commerce; Bill Braun; Loraine Casella, representing the Duck Key Property Owners Association; Jack Wedge and Diana Walker. After public input, Mr. Singh and Mr. Evans addressed the Board. After Board discussion motion was made by Commissioner Douglass and seconded by Commissioner Harvey to adopt the following Resolution as modified approving amendments to the Development of Regional Impact (DRI) Development Order, Resolution No. 365-1986, and modifications to the Master Development Approval for the Hawk's Cay expansion DRI; providing an effective date. Mayor London recused himself from voting. Roll call vote was taken with the following results: commissioner Douglass Commissioner Freeman Commissioner Harvey Mayor London Yes Yes Yes Recused Motion carried. RESOLUTION NO. 086-1998 See Res. Book No. 137 which is incorporated herein by reference. GROWTH MANAGEMENT Mayor London discussed with the Clerk of Court and County Attorney satisfaction of Criminal Judgments. No official action was taken. Ken Williams, Consulting Engineer with CH2MHILL introduced Donald F. Roecker, Funding Consultant who gave a presentation to the Board on the funding plan for completion of the Marathon Regional Wastewater Facility. Bob Herman, Director of Growth Management discussed cesspit violations. The following individuals addressed the Board concerning the Marathon Wastewater Facility: Joan Tucker, representing Cahill pines and Palms Property Owners Association, Inc.; Betty Vail, Joanie Nelson and George Leydic. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to approve the following: Approval of $52 million dollar congressional Funding Proposal for assistance in completing the Marathon Regional Wastewater Facility. Approval to secure $4.3 million dollar Congressional 98/56 Appropriation of de-obligated Title II Construction Fund dollars to assist in completing Phase I of the Marathon Wastewater Facility. Approval of the Marathon Wastewater Facilities Plan Contract Amendment 3 between Monroe County and CH2MHILL, Inc., directing CH2MHILL to make specified revisions to the Facilities Plan to secure the $4.3 million in de-obligated Title II Construction Fund dollars and to assist in securing the $52 million requested in the congressional Funding Proposal AND adoption of the following Resolution concerning the Transfer of Funds to cover the costs associated with this Contract. RESOLUTION NO. 087-1998 See Res. Book No. 137, which is incorporated herein by reference. Roll call vote was unanimous. COUNTY ATTORNEY Mr. Hendrick addressed the Board concerning a resolution repealing Resolution No. 028-1997, providing a procedure for coordination between Monroe County Health Department and the County Code Enforcement Department in actions brought to enforce Chapter 15.5, Monroe County Code, before the Code Enforcement Special Master. Peter Horton, Community Services Director, Jack Teague, the County Health Department Environmental Administrator; Mr. Roecker and Bob Herman addressed the Board. The following individuals addressed the Board: H. T. pontin; Joanie Nelson and Jack Wedge. The Clerk read a letter from Charles Brooks into the record. James T. Hendrick, County Attorney addressed the Board. Motion was made by Mayor London and seconded by Commissioner Freeman to strike Section 3 from the proposed Resolution: Section 3. The Code Enforcement actions to enforce other requirements of Chapter 15.5. M.C.C.. should proceed as follows: In those cases where the MCHD has issued a permit for the construction or reconstruction of an on-site sewaqe disposal system to bring the property into compliance with Chapter 15.5. M.C.C.. and the permit holder has failed to timelY complete the construction or reconstruction or the work performed does not meet the criteria of Chapter 15.5. M.C.C.. then (a) MCHD will also notifY the CED; and (b) CED will commence proceedinqs (or resume abated proceedinqs) before the Code Enforcement Special Master to seek compliance with the on-site sewaqe disposal system criteria of Chapter 15.5. M.C.C. The MCHD will make available to testifY at hearings before the Special Master its personnel with direct knowledqe of the property owner's failure to complY with Chapter 15.5. M.C.C.. and the terms of the on-site sewaqe disposal system permit. Roll call vote was REVISION 98/57 unanimous. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the above Resolution as amended Motion carried unanimously. RESOLUTION NO. 088-1998 See Res. Book No. 137, which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to utilize two (2) of the new inspector positions in this year's budget for the purpose of enforcing the 1st stage (identification/proper filing) of the Cesspit Ordinance No. 003-1997. Roll call vote was unanimous. Mr. Hendrick addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing execution of an Agreement between Monroe County and the Department of Community Affairs pursuant to F.S. 380.032 setting interim procedures for vested rights and beneficial use. Motion carried unanimously. ?+ commissioner Freeman discussed tolling of the next round of letters being sent by the Department of Health concerning compliance procedures of on-site sewage treatment and disposal systems (OSTDS). Mr. Hendrick addressed the Board. SOLID WASTE MANAGEMENT Solid Waste Director, Clark Lake addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting approval to rent an additional 1* grinder to be stationed at the Key Largo Transfer station for Waste Management's use at an estimated cost of $31,500. The cost borne by the Solid Waste Fund. Motion carried unanimously. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval to rent a large log grinder to be stationed at Crawl Key to process the remainder of the oversized horticultural debris at an estimated cost of $16,000. The cost to be borne by the Solid Waste Fund. Motion carried unanimously. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to end the waiver of storm debris disposal fees on February 28, 1998. Motion carried unanimously. 98/58 GROWTH MANAGEMENT Mr. Herman discussed meetings that the Florida Keys Aqueduct Authority will be conducting concerning wastewater; and mediation that has been scheduled with state and federal agencies concerning the 18 Mile stretch issue. COMMISSIONERS' ITEMS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to continue Agenda item F.1 concerning a request for funding for statewide petition drive for Article V to the next Board meeting scheduled for March 11, 1998 at the Marathon Government Center. Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners JhU0. ~~ Isabel C. Desantis, Deputy Clerk