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08/16/2001 Regular MINUTES , OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 20011256 Regular Meeting Board of County Commissioners Thursday, August 16,2001 Key Largo, Florida 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; Karen Cabanas, Assistant County Attorney; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. BULK APPROV ALS Motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of the following items: Board granted approval for the transfer of two buildable lots from Thomas E. & Elizabeth E. Blount to Monroe County by Warranty Deed, Permit Number 01-1-0815 for properties described as Lot 36, Block 2, Eden Pines Colony Addition, Big Pine Key, and Lot 39 Summerland Estates Resubdivision No.1, Summerland Key. The applicants receiving a dwelling unit allocation award for the year ending July 13, 2001, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval and authorized execution of a State of Florida Department of Transporation County Incentive Grant Program Agreement, Financial Project No.: 410504-1-54-01, for the County Incentive Grant Program for $1 million, to be used for design and construction of portion of the Overseas Heritage Trail and adoption of the following Resolution for same. RESOLUTION NO. 308-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a State of Florida Department of Transportation County Inventive Grant Program Agreement, Financial Project No.: 411173-1-54-01, with the Florida Department of Transportation and the VIllage of Islamorada for the County Incentive Grant Program to be used for design and construction of the village bike paths on Plantation Key and Upper Matecumbe. The agreement assigns all of the contract rights, 08/16/01 2001/257 responsibilities and duties to the Village ofIslamorada and adoption of the following Resolution for same. RESOLUTION NO. 309-2001 Said Resolution is incorporated herein by reference Board adopted the following Resolution requesting that State Representative Ken Sorenson assist the County in investigating the feasibility, process, and conditions for the possible relocation of the Florida Department of Corrections' Road Prison on Big Pine Key and the transfer of this property to the County for active public recreation and community uses. RESOLUTION NO. 310-2001 Said Resolution 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 installation of channel markers and signage, Vaca Cut, Marathon. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal ofDV3A3434, and DV3A3480 located off of the Key Haven Boat Ramp, Stock Island. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of a dome shaped floating structure located off of Christmas Tree Island, Key West. TOURIST DEVELOPMENT COUNCIL Board granted approval of policy reflecting Florida Statute 125.01045 (a)(4) wherein each district shall not exceed 10% funding of beach and beach park facilities based on the district's three penny bed tax revenue from the previous fiscal year. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Legendary Key Largo Chamber of Commerce and First State Bank of the Florida Keys for the assignment of Agreement dated May 22, 1996 for the Spiegel Grove to the First State Bank of the Florida Keys. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution adopting the annual assessment of Monroe County Public Facilities Capacity for 2001 as submitted by the Monroe County Planning and Environmental Resources Department. RESOLUTION NO. 311-20Ot Said Resolution is incorporated herein by reference. 08/16/01 2001/258 Board adopted the following Resolution amending Resolution No. 117-2001, Section One, to extend the deferral of processing development permit applications for communication towers in excess of 100 feet in height except for certain replacement towers, until the adoption by the County Commission of an amendment to the Monroe County Land Development Regulations concerning such towers or November 22,2001, whichever occurs first. RESOLUTION NO. 312-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution concerning the provision of wastewater facilities and services by the Florida Keys Aqueduct Authority within the City of Marathon, and specifically within the "Little Venice" area; providing for findings; providing for determination of feasibility as required by Interlocal Agreement between the County and the Florida Keys Aqueduct Authority; and providing an effective date. RESOLUTION NO. 313-2001 Said Resolution is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Ginette Hughes, representing Marine Resources Development Foundation; and Barry Patterson addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Williams to adopt the following Resolution recommending approval of an exemption from the non-residential permit allocation system pursuant to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan for the Marine Resources Development Foundation, Inc. for additional educational facilities consisting of laboratory and classroom space. The property is located off Transylvania Avenue at approximately mile marker 103 and is further described as Lots 12, 13, 14, and 15, Block 6; Part of Lot 3 and Lots 4,5,6, 7, and 8, Block 8; and Part of Shore land Drive, and adjacent submerged lands, Anglers Park Subdivision, Key Largo, Monroe County, Florida. The land use designation is Suburban Commercial and the real estate number is 00469430.000000. Roll call vote was unanimous. RESOLUTION NO. 314-2001 Said Resolution is incorporated herein by reference. Growth Management Director Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval and authorizing execution of a Florida Department of Environmental Protection Florida Keys Overseas Heritage Trail Memorandum of Agreement with Monroe County and the Florida Department of Environmental Protection to design and construct portions of the Overseas Heritage Trail using funds provided to the County through the FDOT County Incentive Grant Program, and matched with Monroe County impact fees, and adopted the following Resolution authorizing approval of an agreement with the Florida Department of Environmental Protection 08/16/01 2001/259 for the design, permitting, and construction of the Overseas Heritage Trail. Motion carried unanimously. RESOLUTION NO. 315-2001 Said Resolution is incorporated herein by reference. Mr. McGarry addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval for one Affordable Housing Deed Restriction from Tradewinds Hammocks, Ltd., a Florida limited partnership, Permit number 01-3-1699 and 01-3-1700, described as all of Tract E, Tradewinds, Key Largo, RE: #00454611.000500 for forty dwelling unit allocation awards for the year ending July 13, 2000. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Commissioner Nelson discussed his item with the Board concerning approval of a Resolution resolving to terminate the current contract to administrate the cultural umbrella and to contract with the Florida Keys Council of the Arts. The following individuals addressed the Board: Bill Anderson, representing the Florida Keys Council of the Arts; Diane Gauthier, representing the Florida Keys Council of the Arts; Monica Haskell, representing the Florida Keys Council of the Arts; and Rocky Hubert, representing the Florida Keys Council of the Arts; Carol Fisher, representing the Lower Keys Chamber of Commerce; Melissa Kendrick, Rita Irwin, and Harold Wheeler, representing the Tourist Development Council. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to deny the item. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson No Commissioner Spehar Yes Commissioner Williams No Mayor Neugent No Motion failed. Motion was then made by Commissioner Nelson and seconded by Commissioner Williams to adopt the following Resolution, as presented to the Board. Roll call vote was unanImous. RESOLUTION NO. 316-2001 Said Resolution is incorporated herein by reference PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance creating a boating restricted area (Idle Speed/No Wake and limited motorboat use) for all of Dove Creek and adjoining canals; Providing for definitions; Providing that Monroe County agrees to hold the Florida Fish and Wildlife Conservation Commission harmless from any liability incurred from 08/16/01 2001/260 the negligent posting of boating restricted markers; Providing for penalties for violations; Providing for exemptions; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County of Ordinances; and providing an effective date. The Board accepted public input with the following individual addressing the Board: Jill Patterson. Motion was made by Commissioner Williams and seconded by Mayor Neugent to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 031-2001 Said Ordinance is incorporated herein by reference. Mayor Neugent announced the cancellation of the special meeting previously scheduled for tomorrow (August 17,2001) in Key Largo. DIVISION OF GROWTH MANAGEMENT Mr. McGarry reported to the Board concerning workforce housing units. Commissioner Williams discussed with the Board several policy items relative to wastewater. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item with the Board concerning approval of the purchase of Rowell's Marina property at MM 104.5 for the future use of a County building, wastewater and community and boating uses for approximately $6 million. Mr. Roberts and Mark Rosch, Executive Director of the Land Authority addressed the Board. The following individuals addressed the Board: Lanny Newell, Henry M. Knoblock, Francine Gonzalez-Portuondo, Michael Cannon, and John Loftis. After discussion, Commissioner Nelson withdrew the item. Commissioner Williams discussed her item with the Board concerning a request by the City of Layton that the County inform them as to whether we intend to include the businesses and residences of unincorporated Monroe County on Long Key in the wastewater treatment system planned to serve the municipality of Layton from the County's Long Key property. City Commissioner Hal Halenza, representing the City of Layton addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson in the event that Layton should in fact, for the purposes of the study to be pursued with FEMA unmet needs funding, establish a centralized wastewater treatment system on Long Key to serve the Citizens of Layton, the remaining unincorporated areas of Long Key will be included in that facility's treatment area. Motion carried unanimously. Commissioner Nelson announced that he would be traveling to a meeting concerning FEMA and downstairs enclosures on September 17, 2001 and would report back to the Board. 08/16/01 2001/261 COUNTY ATTORNEY / DIVISION OF GROWTH MANAGEMENT Assistant County Attorney Karen Cabanas, advised the Board that the previously approved Utility Agreement between Monroe County and KW Resort Utilities Corp. required some corrections. Motion was made by Commissioner Williams and seconded by Commissioner McCoy granting approval and authorizing execution of the Utility Agreement, as revised. Motion carried unanimously. Ms. Cabanas requested on behalf of the County Attorney that the Board schedule an Executive Session to discuss the Shadek case. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to advertise an executive session for September 5, 2001 at 4:00 P.M. in Key West concerning the Shadek case in accordance with the Florida Statues. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Commissioner Williams to approve the appointment of outside counsel, Law Offices of Steven M. Goldsmith, for the Shadek case at the rate of$275 per hour and $75 per hour for paralegal services. Motion carried unanimously. Ms. Cabanas discussed the case of Clay v. Monroe County concerning the Big Pine Moratorium and indicated that the County had received a favorable judgment which was being appealed by the plaintiff. Mr. McGarry briefed the Board on possible courses of action to address build-back rights of non-conforming properties. No official action was taken by the Board. Motion was taken by Commissioner Williams and seconded by Commissioner Spehar to adopt the following Resolution, Draft #2, that the first annual allocation of non-residential floor area be limited to applications of 2,500 square feet or less and that twenty two thousand, one hundred and fifty (22,150) square feet be made available in two allocations, the first allocation of eleven thousand one hundred and fifty (11,150) square feet on January 1, 2001 and the remainder to be held in reserve for the second allocation period of July 1, 2002. RESOLUTION NO. 317-2001 Said Resolution is incorporated herein by reference THE FOLLOWING ITEMS WERE HELD OVER FROM YESTERDAY'S MEETING (08-15-01): DIVISION OF PUBLIC WORKS Mr. Roberts discussed approval of proposed Capital Improvement Plan for Fiscal Year 2002, including the electrification of Pigeon Key. 08/16/01 20011262 COMMISSIONERS' ITEMS Commissioner Spehar discussed her item with the Board concerning approval to advertise an Ordinance creating Section 11-12, Monroe County Code, prohibiting the use of handheld cell phones while operating motor vehicles, including motorcycles and mopeds, but allowing headsets and hands free apparatus. The Ordinance will provide for violations and penalties. No official action was taken by the Board. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to table to the next Marathon meeting approval to use the $20,000 fund (that was set up to pay for emergency helicopter transport to Miami-Dade Fire Rescue) for other providers. Motion carried unanimously. COUNTY ADMINISTRATOR Mr. Roberts advised the Board that the City of Marathon had made a $532,000 payment on garbage services and that as of August 13,2001 the City owed the County approximately $291,000. Mr. Roberts also discussed payment to the City of Marathon under previously approved contracts. Motion was made by Commissioner Nelson and seconded by Commissioner Williams to proceed to make payment to the City of Marathon as previously authorized by the Board. Motion carried unanimously. Mr. Roberts discussed the scheduled November meeting dates immediately prior to the Thanksgiving Day. The Board made no change. Mr. Roberts discussed the Board's action concerning Career Council legislation and also a meeting with City of Key West officials concerning proposed stormwater charges for county properties in the City of Key West. Mr. Roberts discussed proposed changes to the Group Insurance Program in order to reduce ad valorem costs. After discussion, motion was made by Commissioner Spehar and seconded by Mayor Neugent granting approval of Staff recommendation #3, as follows: Budget $400,000 as a special reserve line item and decrease appropriations by $284,390. Implement October 1, 2001. Motion carried unanimously. Mayor Neugent discussed the Board's previous action on pay increases. Mr. Roberts reviewed the schedule for the month of September meeting dates. There being no further business to come before the Board, the meeting was adjourned. 08/16/01 Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~o.LJ.. C. ~';4 ~ Isabel C. DeSantis, Deputy Clerk 20011263