07/19/2001 RegularMINUTES
OF THE MONROE COUNTY
BOARD .OF COUNTY COMMISSIONERS
2001/219
Regular Meeting
Board of County Commissioners
Thursday, July 19, 2001
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Harvey Government Center at Historic Truman School.
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; Isabel DeSantis, Deputy Clerk; James
Roberts, County Administrator; James Hendrick, County Attorney; 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 Commissioner McCoy
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously, with Commissioner Nelson not present.
BULK APPROVALS
Motion was made by Mayor Neugent and seconded by Commissioner Spehar granting
approval of the following items:
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Bruce and Isabelle Miller, Permit Number 98-3-3017, described as
Lot 14, Block 3, Harbor Course South Section 4. The real estate number is 00573670-001400.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Thomas P. Murphy, Jr. and James Murphy, Permit Number
00-3-282 and previously as Number 99-3-475, described as Lot 33, Block 7, Harbor Course ---
South Section 3, as recorded in Plat Book 7 Page 53, Public Records of Monroe County Florida.
The real estate number is 00573710-003300.
Board adopted the following Resolution granting the designation of "Historical and
Cultural Landmark" to "The Hermitage", 25340 4th Street, Summerland, real estate numbers
196690, 196970, and 115100.
RESOLUTION NO.276-2001
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Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and Islamorada, Village of Islands for the reconstruction of the East Ridge Road
Boat Ramp, Islamorada.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Arnold's Auto and Marine Repair, Inc. for the emergency removal of
DV3A3481 located off of Stock Island.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the immediate removal of DV3A3494
located off of Marathon.
Board granted approval for the transfer of three buildable lots from Daniel N. Devine, Jr.,
and Luann Devine to Monroe County by Warranty Deeds, Permit Number 01-1-0843, described
as Lots 21 & 22, Block 23, Palm Villa, Big Pine Key, and Permit Number 01-1-0843, described
as Lot 2, Block 20, Eden Pines Colony 3rd Addition, Big Pine 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 Lot Aggregation Restrictive
Covenant between Monroe County and Joseph and Laura Strobel to have one dwelling unit on
contiguous lots, Permit Number 00-3-0946, described as Lots 11 & 12, Block 7, Anglers Park,
Key Largo. The applicants receiving one dwelling unit allocation award for the year ending July
13, 2001, have filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of four buildable lots from Purita Family Limited
Partnership to Monroe County by Warranty Deeds, Permit Number 00-1-4128, described as Lot
1, Block L, Pine Heights Subdivision, Big Pine Key, Permit Number 00-1-4128, described as Lot
7, Block 40, Sands Subdivision, Big Pine Key, Permit Number 00-1-4128, described as Lot 13,
Block 5, Cahill Pines & Palms, Big Pine Key, and Permit Number 00-1-4128, described as Lot 6,
Block 7, Eden Pines Colony 1st Addition, Big Pine Key. The applicant receiving a dwelling unit
allocation award for the year ending July 13, 2001, has filed the documents in accordance with
Ordinance No. 47-1999.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of a change to Exhibit A - Appropriations Committee, for the
Florida Keys Fishing Tournament, Inc. District I Mike Weinhofer, alternate Tim Greene; District
II Brett Taporowski, alternate Jim Sharpe; District III Earl Cantril, alternate Dave Navarro; and
District IV Suzan Baker, alternate Richard Stanczyk.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Key Largo Chamber of Commerce to exercise option to extend Agreement
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for an additional (1) year period commencing October 1,12001 and terminating on September 30,
2002.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Islamorada Chamber of Commerce to exercise option to extend Agreement
for an additional (1) year period commencing October 1, 2001 and terminating on September 30,
2002.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Marathon Chamber of Commerce to exercise option to extend Agreement
for an additional (1) year period commencing October 1, 2001 and terminating on September 30,
2002.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Lower Keys Chamber of Commerce to exercise option to extend Agreement
for an additional (1) year period commencing October 1, 2001 and terminating on September 30,
2002.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the Greater Key West Chamber of Commerce to exercise option to extend
Agreement for an additional (1) year period commencing October 1, 2001 and terminating on
September 30, 2002.
Board granted approval and authorized execution of an Agreement between Monroe
County and Tinsley Advertising and Marketing, Inc. to provide advertising services on behalf of
the Monroe County Tourist Development Council commencing October 1, 2001 through
September 30, 2004 with an option to extend for an additional twenty four (24) month period.
The amount of the contract is based on commission.
Board granted approval and authorized execution of an Agreement for Executive Office
Services between Monroe County and 3406 North Roosevelt Boulevard Corporation d/b/a Visit
Florida Keys for the provision of services of operating an executive office for tourism promotion
commencing October 1, 2001 through September 30, 2004, with an option to extend this
Contract for an additional (2) year period.
Motion carried unanimously, with Commissioner Nelson not present.
Commissioner Nelson arrived at the meeting and was present for the Industrial
Development Authority meeting.
MISCELLANEOUS BULK ' APPROVALS
The Board discussed approval to advertise 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
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Wildlife Conservation Commission harmless from any liability incurred from 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 Code; and providing an effective date. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams
to advertise the Ordinance. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Williams and Rebecca Jetton, representing the Florida Keys Field Office of
the Department of Community Affairs discussed with the Board a DCA Ad Hoc Committee on
land acquisition. No official action was taken by the Board.
TOURIST DEVELOPMENT COUNCIL
James Roberts, County Administrator made a public announcement of a vacant position
on the Tourist Development Council District I Advisory Committee, a vacant position on the
District H Advisory Committee, and two vacant positions on the District V Advisory Committee
for "at large" appointments. Lynda Stuart, Tourist Development Office Manager addressed the
Board.
DIVISION OF GROWTH MANAGEMENT
Timothy McGarry, Director of Growth Management addressed the Board and discussed
the Freilich, Leitner, & Carlisle firm who were hired by the Board to work on the new tower
Ordinance. Mr. McGarry informed the Board that the first Public Hearing was scheduled to go
before the Planning Commission on July 25, 2001.
Mr. McGarry discussed a meeting held by the Parks & Recreation Board, particularly the
Mariners Resort, which is the property that Monroe County is proposing to purchase for
recreational use on Big Pine Key.
Mr. McGarry discussed status of the HCP process on Big Pine Key.
Mr. McGarry discussed issues concerning Code Enforcement hearings on cesspools. Ms.
Jetton addressed the Board.
Mr. McGarry discussed status for overlay of coastal barrier areas for Monroe County in
relation to the No Name Key matter.
Commissioner Williams discussed a Sarasota website that deals with wastewater and
cesspool credits/affordable housing.
James Hendrick, County Attorney referred the Board to the Growth Management
Litigation Report from Attorney Karen Cabanas of his firm, dated July 16, 2001.
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PUBLIC HEARINGS
A Public Hearing was held to consider an Administrative Relief application filed by Mr.
Paul Golis, Esq. on behalf of the Galleon Bay Corporation for Lots 2-11, 13, & 14, Galleon Bay
Subdivision, Tracts A and T Dolphin Harbour Subdivision. Mr. McGarry addressed the Board.
There was no public input. Motion was made by Commissioner Williams and seconded by
Commissioner Spehar granting approval, per Staff Recommendation, for Administrative Relief
and authorizing the Land Authority to negotiate a purchase contract for the property at fair
market value. Motion carried unanimously. Mark Rosch, Director Land Authority addressed the
Board.
A Public Hearing was held to consider an Administrative Relief application filed by Mr.
Robert Hirsh for Lot 1, Block 2, Summerland Beach Addition #2. Mr. McGarry addressed the
Board. Motion was made by Commissioner Williams and seconded by Commissioner Nelson
granting approval, per Staff Recommendation, for Administrative Relief to purchase the property
at fair market value. Motion carried unanimously.
A Public Hearing was held to consider adoption of an Ordinance amending Section 6-40
(d)(2) and Section 6-40 (d)(2), Monroe County Code; establishing 120 day active period for
permits after issuance and prior to work started; amending extension period for inactive permits
from 60 days to 120 days provided that the extension is prior to permit becoming inactive;
providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective date. Mr. McGarry
addressed the Board. There was no public input. Motion was made by Commissioner Spehar and
seconded by Commissioner Williams to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 028-2001
Said Ordinance is incorporated herein by reference.
Mr. McGarry addressed the Board concerning adoption of an Ordinance creating Section
6-32; Establishing requirement that any parcel with an unlawful use or improvement shall be
brought into Code compliance prior to the issuance of a building permit; Providing exceptions to
address risks to property and public health and safety; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances;
and Providing an effective date. Mr. McGarry also.discussed additional language as written in his
memo dated July 18, 2001. Commissioner Nelson discussed his item with the Board concerning
approval to advertise an ordinance to create Section 6-32 which was bulked at the June BOCC
meeting in spite of the position of the BOCC on FEMA issues and that this is a policy issue, not
an administrative rule. Commissioner McCoy excused himself from the meeting. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams
to adopt the following Ordinance, including the additional language submitted by Mr. McGarry,
dated July 18, 2001. Motion carried unanimously, with Commissioner McCoy not present.
ORDINANCE NO. 029-2001
Said Ordinance is incorporated herein by reference.
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Commissioner McCoy returned to the meeting.
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to
reopen the Agenda. Motion carried unanimously. Motion was made by Commissioner Spehar
and seconded by Commissioner Nelson to add on discussion of FEMA unmet needs funding in the
amount of $6.4 million dollars. Motion carried unanimously. After discussion, motion was made
by Commissioner Spehar and seconded by Commissioner Nelson that the FEMA unmet needs
funding in the amount of $6.4 be designated for the Stock Island and Big Coppitt hook-up to the
Key West Utility Resort plant. Roll call vote was unanimous.
DIVISION OF PUBLIC WORKS
Mr. Zyscovich made a presentation to the Board concerning the proposed Higgs Beach
Master Plan. The following individuals addressed the Board: Lake Andrews, Sara Lister, and
Rosi Ware, representing Key West Garden Club; Jim Malcolm, Muriel Hendrick, Vera Vasek, Hal
Howland, representing the Florida Keys Council of the Arts; and Mary J. Pfund. No official action
was taken by the Board.
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
C
Isabel C. DeSantis, Deputy Cler