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09/21/2000 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2000/288 Regular Meeting Board of County Commissioners Thursday, September 21,2000 Marathon, FL 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, Mayor Pro Tern 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 Roberts, County Administrator; County Attorney James T. Hendrick; 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 Williams and seconded by Mayor Pro Tern Neugent granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Williams and seconded by Mayor Freeman granting approval of the following items: COMMISSIONERS' ITEMS A Resolution of the Board of County Commissioners of Monroe County, Florida welcoming the assistance of the Coalition for the Preservation of Affordable Living Standards in the Florida Keys in obtaining State and Federal funding for the Key Largo Central Wastewater Treatment Facilities and related infrastructure and inviting participation by all interested persons and groups. RESOLUTION NO. 376-2000 See Res. Book No. 145, which is incorporated herein by reference. 09/21/00 2000/289 COUNTY ATTORNEY Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon which authorizes the Department of Revenue to distribute Marathon's share of the gas tax revenues directly to them. Board granted approval and authorized execution of an Agreement between Monroe County and the City of Marathon assigning the County bay bottom lease adjacent to the Marathon Yacht Club to the City. Board granted approval and authorized execution of an Agreement between Monroe County and the City of Marathon transferring County traffic signals and street lights located with in the City to the City of Marathon. Board granted approval and authorized execution to execute Quit Claim Deeds transferring ownership of, and responsibility for, County roads, bike paths and bridges located within the City of Marathon to the City. Board granted approval for the Mayor to execute a letter advising the Coast Guard of the County's transfer of all authority and responsibility for road and bridges, including the permit for Boot Key Bridge to the City of Marathon. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Florida Department of Transportation (FOOT) for traffic lights on US 1 in Marathon, effective November 1, 2000, and also traffic signals in Islamorada. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Florida Department of Transportation (FDOT) for streetlights on US 1 in Marathon, effective November 1, 2000. Board granted approval for one Restrictive Covenant from Roberto de Silva to have one dwelling unit on contiguous lots, permit number 99-1-1711, described as Lots 68 & 69, revised Plat of Sugarloaf Shores Section D Extension, SugarloafKey. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2000, has :filed the document in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Bernice MacNeil to have one dwelling unit on contiguous lots, permit number 99-1-2171, described as Lots 10 & 11, Block 2, Cudjoe Ocean Shores, Cudjoe Key. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2000, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of four buildable lots from Douglas & Lynn C. Bell, Andrew & Teresa Stark, and Eckhart & Natalia Hentschel to Monroe County by Warranty Deeds, permit number 99-1-2570, described as Lot 48, Block 7, Indian Mound Estates, Sugarloaf Key; permit number 99-1-2407, described as Lot 45, Block 1, Doctors Arm Subdivision, Big Pine 09/21/00 2000/290 Key; and permit number 99-1-3420, described as Lots 14 & 15, Block 52, Sands Subdivision, Big Pine Key. The applicants receiving dwelling unit allocation awards for the year ending July 13, 2000, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Douglas & Lynn C. Bell for William Richards to Monroe County by Warranty Deed, permit number 99-1-3221, described as Lot 15, Block 19, Palm Villa Subdivision, 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 No. 47-1999. Board granted approval for the transfer of one buildable lot from Mark H. Gregg for Noah Belew to Monroe County by Warranty Deed, permit number 99-1-2346, described as Lot 11, Block 1, Kinercha Subdivision, 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 No. 47-1999. Board granted approval for the transfer of four buildable lots from TL Keys Construction Corporation and David A. & Christina M. Geide to Monroe County by Warranty Deeds, permit number 99-1-3257, described as Lots 1 & 2, Block 12, Palm Villa Subdivision, Big Pine Key; permit number 99-1-3257, described as Lot 7, Roger Lowes Subdivision, Big Pine Key; and permit number 98-1-0984, described as Lot 5, Block 13, Eden Pines Colony, Big Pine Key. The applicants receiving dwelling unit allocation awards for the year ending July 13, 2000, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from John K. & Ann R. Armstrong for the John K. Armstrong Revocable Trust to Monroe County by Warranty Deed, permit number 99-1-3284, described as Lot 7, Block 40, Pine Crest, 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 No. 47-1999. Board granted approval for the transfer of two buildable lots from Thomas D. & Caron Burgess for Louis Poulus to Monroe County by Warranty Deeds, permit number 99-1-3060, described as Lot 33, Whispering Pines #4, Big Pine Key; and permit number 99-1-3060, described as Sec. 27, Twp. 66, Rng. 29, Part SE t,4 of the NE t,4, Big Pine Key (RE:#00111930-000500). The applicant receiving a dwelling unit allocation award for the year ending July 13,2000, has filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Klaus Franz to Monroe County by Warranty Deed, permit number 99-1-0903, described as Lot 16, Block 3, 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 No. 47-1999. Board granted approval for one Affordable Housing Deed Restriction from Michael C. Coppola Jr., permit number 99-3-1193, described as Lot 10, Block 4, Key Largo Sound Park, 09/21/00 2000/291 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 No. 47-1999. Board granted approval and authorized execution of a Grant of Conservation Easement for Lots 16, 17, and 18, Block 2, Oceana Subdivision (unrecorded plat) of Monroe County, Florida between Monroe County and George and Carolyn Wallis. The real estate number is 00085400-000000. Board granted approval and authorized execution of a Grant of Conservation Easement for Lots 1,2,3 and 22,23,24, Block 2, Knowlson Colony of Monroe County, Florida between Monroe County and George and Martha Otto. The respective real estate numbers are: 00564510-000000,00564520-000000,00564530-000000,00564720-000000, 00564730-000000, and 00564740-000000. Board granted approval and authorized execution of a Joint Participation Agreement (JP A), Contract No. AI893, between Monroe County and the Florida Department of Transportation (FDOT) to provide $300,000 in federal and state grant monies for transportation planning studies and services. Board granted approval to advertise an Ordinance amending Section 6-16.1 Monroe County Code providing authority to the Construction Board of Adjustments and Appeals to approve the use of cost approach appraisal for determination of fair market value pursuant to Section 9.5-316, Monroe County Code; 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. Board granted approval for one Restrictive Covenant from Brian & Candace Basilius to have one dwelling unit on contiguous lots, permit number 99-3-1013, described as L6ts 1 & 2, Bl6ck 16, (Scriveners error) Lots 26 & 27, Block 7, Anglers Park, Key Largo; and the approval for the transfer of one buildable lot from Brian & Candace Basilius to Monroe County by Warranty Deed, permit number 99-3-1013, described as Lot 8, Block 53, Sands Subdivision, Big Pine Key. The applicants receiving one dwelling unit allocation award for the year ending July 13, 2000, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Samuel & Alana Stoia to have one dwelling unit on contiguous lots, permit number 00-3-2866, described as Lots 1 & 2, Block 16, Anglers Park, Key Largo. The applicants receiving one dwelling unit allocation award for the year ending July 13, 2000, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Gerold Krause to Monroe County by Warranty Deed, permit number 99-1-1992, described as Lot 4, Block 35, Palm Villa, 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 No. 47-1999. 09/21/00 2000/292 Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the repair of regulatory aids to navigation, located off of Little Torch Key, Monroe County and granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for same. RESOLUTION NO. 377-2000 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 American Underwater Contractors Inc. for the repair of aids to navigation located at the reefline off of Key Largo, Monroe County. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the emergency removal ofDV3A3286 and granted approval and authorized execution ofa Contract Agreement between Monroe County and Arnold's Towing for same. RESOLUTION NO. 378-2000 See Res. Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the emergency removal ofDV3 A3 3 17 located off of Key Largo, Monroe County and granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for same. RESOLUTION NO. 379-2000 See Res. Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the repair of aids to navigation located at Community Harbor and Hammer Point, Key Largo, Monroe and granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for same. RESOLUTION NO. 380-2000 See Res. Book No. 145, which is incorporated herein by reference. Board granted approval and authorized execution of a Grant Agreement No. 00059 between Monroe County and the Florida Fish and Wildlife Conservation Commission for the removal of derelict vessels. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the disposal of marine debris. RESOLUTION NO. 381-2000 See Res. Book No. 145, which is incorporated herein by reference. 09/21/00 2000/293 Board authorized Mayor Pro Tern Neugent to return to the Board with a proposal to have the Marine and Port Advisory Committee to examine large vessel issues previously remanded to them. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Web site Firm Agreement between Monroe County and Cooke Communications LLC, a Delaware Limited Liability Company doing business as "FloridaKeys.com and KeyWest.com to provide website services which promote tourism, to commence October 1, 2000 through September 30,2003. Board granted approval and authorized execution of an Interlocal Agreement for Grant of Funds between Monroe County and Islamorada, Village of Islands for the maintenance of Anne's Beach, Library Beach and the Hurricane Monument in an amount not to exceed $34,200, DAC IV Capital Resources, FY 2001. Board granted approval ofthe following wording for event Contract reimbursement deadline: "Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit by September 30 (of the fiscal year for which the event was funded) all invoices and support documentation as required by the County's Finance Department rules and policies. Event sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received after September 30 of said fiscal year." For events occurring from August 1 through September 30, use the following language for the italicized phrases: "within (90) days of the conclusion of the event." Board granted approval of an Agreement between Monroe County and Monroe Council of the Arts Corporation for a Community Outreach Coordinator. Board granted approval of changes to the Fishing Event Funding Application within the Monroe County Tourist Development Council Operations Manual. Roll call vote was unanimous. 09/21/00 2000/294 COUNTY ATTORNEY County Attorney James T. Hendrick addressed the Board. Motion was made by Mayor Freeman and seconded by Commissioner Harvey declaring that an emergency exists and waiving notice by a four-fifths vote. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Reich No Commissioner Williams Yes Mayor Pro Tern Neugent Yes Mayor Freeman Yes Motion carried. There was no public input. Motion was made by Mayor Freeman and seconded by Commissioner Harvey to adopt the following Ordinance renaming the Information Systems to the Technical Services Department and placing the Technical Services Department within the Division of Management Services~ 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. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Reich No Commissioner Williams Yes Mayor Pro Tern Neugent Yes Mayor Freeman Yes Motion carried. ORDINANCE NO. 048-2000 See Ordinance Book No. 54 incorporated herein by reference COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning approval of a Resolution in support of keeping the Keys' South Florida Water Management Service Center. Motion was made by Commissioner Williams and seconded by Commissioner Harvey to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 382-2000 See Res. Book No. 145, which is incorporated herein by reference. Commissioner Williams discussed her item with the Board concerning a public notification of a South Florida Water Management District notice of a Water Shortage Warning Order. Mayor 09/21/00 2000/295 Pro Tern Neugent read a letter form Joe Harris. The Clerk read the actual Notice of Water Shortage Warning into the record. Commissioner Williams discussed her item with the Board concerning the Draft Report on the Florida Keys Hurricane Evacuation Study and her comments. Mr. Hendrick addressed the Board. After discussion, the Board requested the County Attorney to draft a Resolution to come back to the Board for approval. DIVISION OF GROWTH MANAGEMENT Motion was made by Mayor Freeman and seconded by Commissioner Harvey granting approval and authorizing execution of the following two (2) items: Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick renewing for an additional term of two years the Letter of Engagement authorizing the firm to provide Land Use-Growth Management representation to Monroe County for fiscal years 2000-2001 and 2001-2002. Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick renewing for an additional term of two years the Letter of Engagement authorizing the firm to act as General Civil Litigation Counsel to the Board for fiscal years 2000-2001 and 2001-2002. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Reich No Commissioner Williams Yes Mayor Pro Neugent Yes Mayor Freeman Yes Motion carried. COMMISSIONERS' ITEMS Commissioner Harvey discussed her item with the Board concerning an amendment to the Affordable Housing Ordinance to include the elderly and persons with disabilities Growth Management Director Tim McGarry and Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Harvey and seconded by Mayor Pro Tern Neugent directing Staff to draft an Ordinance revision of Affordable Housing criteria to include the elderly and persons with disabilities. Roll call vote was unanimous. 09/21/00 2000/296 COUNTY ADMINISTRATOR County Administrator James Roberts discussed a notice he had received from the Department of Commerce indicating that they are accepting appointments to various positions on the Sanctuary Advisory Council. Mr. Roberts discussed a memo he had sent to each Commissioner concerning legislative priorities. After discussion, motion was made by Commissioner Williams and seconded by Mayor Freeman to adopt the following Resolution requesting Monroe County's legislative delegation is requested to introduce and support legislation expanding the State's uses of gas tax revenues to redress the environmental consequences ~. storm water runoff) of past and future road projects, and to offset road impacts, including traffic law enforcement. Mr. Hendrick addressed the Board. Roll call vote was unanimous. RESOLUTION NO. 383-2000 See Res. Book No. 145, which is incorporated herein by reference. Mr. Roberts addressed the Board. After discussion, motion was made by Mayor Freeman and seconded by Mayor Pro Tern Neugent granting approval of the Administrator's confirmation of Ms. Sheila Barker to be Director of the Department of Administrative Services. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Reich No Commissioner Williams Yes Mayor Pro Tern Neugent Yes Mayor Freeman Yes Motion carried. Motion was made by Mayor Freeman and seconded by Commissioner Harvey granting approval of the Administrator's appointment of Ms. Ronda Norman to be Director of Code Enforcement. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Reich No Commissioner Williams Yes Mayor Pro Tern Neugent Yes Mayor Freeman Yes Motion carried. 09/21/00 2000/297 COUNTY ATTORNEY Mr. Hendrick reported to the Board status of the Florida Keys Aqueduct Authority/ Ogden Water Systems of Key Largo, Inc.; Bonnie Kozmer; and Henry Naubereit litigation. DIVISION OF GROWTH MANAGEMENT Mr. Hendrick referred the Board to his written report concerning the Update on Legal Issues from Attorney Karen Cabanas of the firm Morgan and Hendrick. COUNTY ATTORNEY Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Mayor Pro Tern Neugent granting approval of abatement of rent in the amount of$11,859.24. After consideration, the second to the motion withdrawn. Motion died for lack ofa second. After further discussion, motion was made by Mayor Pro Tern Neugent and seconded by Commissioner Williams to reduce the rent abatement by 50% of the total request. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Reich No Commissioner Williams Yes Mayor Pro Tern Neugent Yes Mayor Freeman No Motion carried. Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Mayor Pro Tern Neugent granting approval for the Mayor to execute a Quit Claim Deed transferring the title to, and responsibility for, the Marathon Community Park to the City of Marathon when the approval for the transfer is granted by the Florida Communities Trust. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Reich Commissioner Williams Mayor Pro Tern Neugent Mayor Freeman N6 Yes Yes Yes Yes No Motion carried. After consideration Commissioner Harvey changed her vote above to Yes. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval for the Mayor to execute Quit Claim Deeds transferring ownership of, and 09/21/00 2000/298 responsibility for, the following properties located within the City of Marathon to the City: 33rd Street boat ramp and rest rooms, Aviation Boulevard boat ramp, Marathon Yacht Club property, Jaycees Building, and Teen Center. Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval for the Mayor to execute Quit Claim Deeds transferring ownership of, and responsibility for certain County owned parks and beaches located within the City of Marathon to the City: 1 - Waloriss Park; 2 - Jesse Hobbs Park; and 3 - Sombrero Beach Park. Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval for the Mayor to execute Quit Claim Deeds transferring the title to, and responsibility for, the Coco Plum Beach Park to the City of Marathon when the approval for the transfer is granted by the Florida Communities Trust. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Mr. McGarry informed the Board that there is an Open House scheduled at the Big Pine Key Neighborhood School to consider Development Alternatives with the Livable CommuniKeys Program as part of the Habitat Conservation Program (RCP) process today, September 21,2000 anytime between 4:00 P.M. - 8:00 P.M. Mr. McGarry also discussed Affordable Housing; ROGO allocations and lots. Commissioner Williams discussed with the Board the Growth Management Task Force meetings. Mr. McGarry briefed the Board on the Monroe County Flood Insurance Inspection Program and possible options for extending County inspection authority beyond the completion of that program. After discussion, motion was made by Mayor Freeman and seconded by Commissioner Williams directing Staff to amend the Land Development Regulations requiring that a compliance inspection be conducted prior to the transfer of ownership of any property with a post-1975 residence with a downstairs enclosure, as recommended by the Monroe County FEMA Task Force. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Reich No Commissioner Williams Yes Mayor Pro Tern Neugent Yes Mayor Freeman Yes Motion carried. There being no further business to come before the Board, the meeting was adjourned. 09/21/00 2000/299 Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida -='bo.L..J- c. ~'xf ~ Isabel C. DeSantis - Deputy Clerk