11/22/2000 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2000/354
Regular Meeting
Board of County Commissioners
Wednesday, November 22,2000
Key Largo, FL
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 Charles "Sonny" McCoy", Commissioner Murray Nelson, Commissioner Dixie
Spehar, Commissioner Nora Williams, and Mayor George Neugent. Also present were Danny L.
Kolhage, 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.
ADDmONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Williams and seconded by Commissioner McCoy
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Williams and seconded by Commissioner Spehar
granting approval of the following items:
Approval of a Grant of Conservation Easement Agreement between Monroe County and
Joel Barnes and Thomas Lewis for Lot 20, Block 5 Harbor Course, Ocean Reef, Plat #14
between 205 South Harbor Partnership. The Real Estate Number is 00573690-000200.
Approval of a Grant of Conservation Easement Agreement between Monroe County and
Frank and Caridad Ferreira for Lot 24, Block 8, Harbor Course South, Section 4, Ocean Reef,
Plat #19, Monroe County Plat Book 7, Page 54, The Real Estate Number is 00573720-002400,
Approval of one Affordable Housing Deed Restriction from Boy Scouts of America,
Permit Number 99-1-2097 for Part of Lot 4 (Section 27, Twp, 66, Range 28) and Part of Lot 1
(Section 34, Twp.66, Range 28) Summerland Key, Real Estate Number is 00114860-000000.
Approval for the transfer of one buildable lot for Lot 18, Block 1, Kinercha Subdivision,
Big Pine Key, Permit Number 99-2-1471, from Frank R. & Liane G. Marino and J. David & Lisa
Craddock to Monroe County by Warranty Deed.
between Monroe County and Blue Water Marine, Inc" for a time extension to complete the
project known as Derelict Vessel Removal-Zone II.
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2000/355
Approval for the transfer of one buildable lot for Lot 2, Block 1, Big Pine Shores, Big
Pine Key, Permit Number 99-1-0902, from Eliope & Sharon Paz to Monroe County by Warranty
Deed,
Board granted approval for the transfer of four buildable lots for Lot 7, Block 53, Sands
Subdivision, Big Pine Key, Permit Number 99-3-0081, from Dennis Micheal & Mary Margaret
Posten to Monroe County for Lot 2, Block 17, Eden Pines Colony, Big Pine Key, Permit
Number 99-3-0081; and Lots 28 & 29, Block 1, Ramrod Shores Marina Section, Ramrod Key,
Board granted approval for a Restrictive Covenant to have one dwelling unit on
contiguous lots, Permit Number 00-1-3843, from John Podpirka for Lots 14 and 15, Block 17,
Cudjoe Gardens Sixth Addition and Lot 13, Block 17, Cudjoe Gardens Fifth and Seventh
Addition, Cudjoe Key, Real Estate Number 001746330-000200,
Board adopted the following Resolution granting the designation of "Historical and
Cultural Landmark" to the Ocean Reef "Yachtel" C2.
RESOLUTION NO. 492-2000
See Resolution Book No. 145 which is incorporated herein by reference
Board adopted the following Resolution approving the request of Emanuel Micelli and
Robert Petri for an exemption to Resolution No. 565-1999 and having the Board recommend that
the Florida Department of Transportation surplus (Lease/Buy) 40 feet of U.S. 1 right-of-way,
leaving approximately 69 feet for development of the Overseas Heritage Trail on the majority of
the property from the edge of pavement on U.S. 1 on property described as Lots 49, 50, 51, and
52, Block 7, Lake Surprise Estates 15, Key Largo, Section 6, Township 61S, Range 40E,
Monroe County. The land use designation is Suburban Commercial (SC) and the Real Estate
Number is 00536270.000000. (Note: Said item was reconsidered and remanded to the Planning
Department for review by the Development Review Committee - See minutes page 2000/359)
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the emergency removal ofDV3A2891, DV3A3263, DV3A3396, and
DV3A3406 located off of the Lower Keys, Monroe County and authorized execution of Contract
Agreement between Monroe County and Arnold's Towing for same,
RESOLUTION NO. 493-2000
See Resolution Book No. 145 which is incorporated herein by reference
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Anchor Towing for a time extension to complete the project known
as Derelict Vessel Removal- Zone I.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Blue Water Marine, Inc" for a time extension to complete the
project known as Derelict Vessel Removal-Zone II.
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2000/356
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors for the Matecumbe Harbor Aids to
Navigation Project.
Board granted approval and authorized execution of a Florida Boating Improvement
Program Grant Agreement, FWCC Agreement Number 00136, between Monroe County and the
Florida Fish and Wildlife Conservation Commission for the establishment of a boating restricted
area, Cow Key Channel and Riviera Canal, off of Key West.
Board granted approval for the transfer of one buildable lot, Permit Number 00-1-1346,
from Ron & Karen Rees, for Lots 8 & 9, Block 9, Kinercha Subdivision, Big Pine Key to
Monroe County by Warranty Deed.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of a request to advertise a Request for Bid for Fiscal Year 2001
Capital Project Funding for the following: BRICKS AND MORTAR/CAPITAL PROJECTS
Key West - $1,238,924.00 (shall encompass the City Limits of Key West); Lower Keys-
$145,868,00 (City limits of Key West to West end of7 Mile Bridge); Marathon - $125,843.00
(West end of7 Mile Bridge to Long Key Bridge); Islamorada - $339,750.00 (between Long Key
Bridge and Mile Marker 90.7); Key Largo - $289,081.00 (from Mile Marker 90.7 to the
Dade/Monroe County line and any portions of Monroe County).
Board granted approval of a request to advertise a Request for Bid for Long Distance
Services,
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Friends of Islamorada Area State Parks to extend the
Agreement entered into on April 14, 1999 until September 30,2001.
Board granted approval and authorized execution of a Funding Agreement between
Monroe County and Old Island Restoration Foundation, Inc., covering the 41st Annual Key West
House & Garden Tours on January 26-27; February 16-17 and March 2-3,2001 in an amount not
to exceed $5,732.00, Fiscal Year 2001, Two Penny Cultural Umbrella Funding.
Board granted approval and authorized execution of a Funding Agreement between
Monroe County and Womenfest, Inc" covering Womenfest on September 4-11,2001 in an
amount not to exceed $20,968,00, Fiscal Year 2001, Two Penny Cultural Umbrella Funding.
Board granted approval and authorized execution of a Funding Agreement between
Monroe County and Redbone, Inc., covering the Mercury Cheeca/Redbone Celebrity Tournament
on November 2-4,2001 in an amount not to exceed $7,500.00, Fiscal Year 2001, Two Penny
allocated under the Fishing Umbrella.
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2000/357
Board granted approval and authorized execution of a Funding Agreement between
Monroe County and Keys Classic Anglers Tournament, Inc. covering Texaco Key West Classic
on April 25-28, 2001 in an amount not to exceed $25,000.00, Fiscal Year 2001, Two Penny
allocated under the Fishing Umbrella.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of a proposed response to be submitted in Ambrose. et at. v.
Monroe County. Case Number: 97-20-636-CA-18.
Board adopted the following Resolution amending Resolution No, 364-1992 and any
other previous fee schedules inconsistent herewith, and amending the Planning Department fee
schedule to include application fees for a Vacation Rental Manager's License, pursuant to Section
9.5-534(d)(3) of the Monroe County Code.
RESOLUTION NO. 494-2000
See Resolution Book No. 145 which is incorporated herein by reference
Board granted approval to advertise an Ordinance repealing Ordinance No. 019-1998 and
Ordinance No, 029-1998 regulating personal watercraft; Providing for the repeal of Ordinances
inconsistent herewith; Providing an effective date.
Motion carried unanimously.
MISCELLANEOUS
After discussion, motion was made by Commissioner Williams and seconded by
Commissioner McCoy to reopen the Agenda in order to add Agenda item G 1 concerning the
discussion regarding the newly created position of Land Manager to be advertised as a Request
for Proposals (RFP). Motion carried unanimously.
The Board briefly discussed DAC V membership.
Motion was made by Commissioner Williams and seconded by Mayor Neugent to
reconsider Agenda item B9 concerning the approval of the request from Emanuel Micelli and
Robert Petri for an exemption to Resolution No. 565-1999 and having the Board recommend that
the Florida Department of Transportation surplus (Lease/Buy) 40 feet of U.S. 1 right-of-way,
leaving approximately 69 feet for development of the Overseas Heritage Trail on the majority of
the property from the edge of pavement on U.S. 1 on property described as Lots 49,50, 51, and
52, Block 7, Lake Surprise Estates 15, Key Largo, Section 6, Township 61S, Range 40E,
Monroe County, The land use designation is Suburban Commercial (SC) and the Real Estate
Number is 00536270.000000. Motion carried unanimously, Motion was made by Commissioner
William and seconded Commissioner McCoy to postpone to the December Board meeting in
Marathon. During discussion, the motion was withdrawn.
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MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Williams
granting approval and authorizing execution of a revised Memorandum ofDnderstanding, No,
DOH 01-2000, between Monroe County and the Florida Department of Health, Monroe County
Health Department to implement a Homeowners Wastewater System Assistance Grant Program.
Motion carried unanimously.
George Garrett, Director of Marine Resources addressed the Board. After discussion,
motion was made by Commissioner Nelson and seconded by Commissioner Williams granting
approval to advertise a Request for Statements of Qualification to complete a Canal Study which
assesses the ability to improve water quality in Keys Canals. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Williams and seconded by Mayor Neugent appointing
Maria Brandvold as an "at large" member to the District III Advisory Committee. Motion carried
unanimously,
DIVISION OF GROWTH MANAGEMENT
Growth Management Director Tim McGarry discussed with the Board the Industrial and
Economic Report concerning the costs of implementation of the Monroe County Year 2010
Comprehensive Plan.
MISCELLANEOUS
Mayor Neugent discussed the newly created position of Land Manager to be advertised as
a Request for Proposals (RFP), Motion was made by Commissioner Williams and seconded by
Mayor Neugent directing the County Administrator to not fill the positions of Communications
Coordinator and Land Steward and requested Mayor Neugent to come back to the Board with
details of an RFP for Land Management Services. Roll call vote was unanimous.
Motion was made by Mayor Neugent and seconded by Commissioner Nelson to reopen
the Agenda in order to add Agenda item G2 concerning encroachments on County
Rights-of-Ways, Motion carried unanimously. George Parks addressed the Board. Motion was
made by Commissioner Nelson and seconded by Commissioner Williams to postpone to the
December Board meeting in Marathon. Motion carried unanimously.
Growth Management Director Tim McGarry discussed with the Board approval of the
request from Emanuel Micelli and Robert Petri for an exemption to Resolution No, 565-1999 and
having the Board recommend that the Florida Department of Transportation surplus (Lease/Buy)
40 feet of D,S, 1 right-of-way, leaving approximately 69 feet for development of the Overseas
Heritage Trail on the majority of the property from the edge of pavement on U.S. 1 on property
described as Lots 49,50,51, and 52, Block 7, Lake Surprise Estates 15, Key Largo, Section 6,
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2000/359
Township 61S, Range 40E, Monroe County, The land use designation is Suburban Commercial
(SC) and the Real Estate Number is 00536270.000000, The following individuals addressed the
Board: Attorney David DeHaas, representing Emanuel Micelli and Robert Petri; George Parks,
and Fred Nickerson. After discussion, motion was made by Commissioner Williams and seconded
by Commissioner Nelson to remand to the Planning Department for review by the Development
Review Committee. Motion carried unanimously,
Mayor Neugent discussed the increased cost of transportation for the disadvantaged and
elderly and advised the Board that he would be bringing a request to increase funding for this
contract at the December Board meeting in Marathon. The Board also discussed the
transportation study and directed the County Administrator to proceed with same. Motion was
made by Commissioner Williams and seconded by Mayor Neugent granting approval and
authorizing execution of the Fiscal Year 2001 Agreement between Monroe County and the
Guidance Clinic of the Middle Keys, Inc. to provide funding. 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
S6o.k.1 C. ~~
Isabel C. DeSantis
Deputy Clerk