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04/19/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2001/127 Regular Meeting Board of County Commissioners Thursday, April 19, 2001 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., 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 James Roberts, County Administrator; Karen Cabanas, Assistant County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members ofthe press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADD mONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Williams and seconded by Commissioner Spehar 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: Board granted approval for the transfer of three buildable lots from Richard Klepper to Monroe County by Warranty Deeds, Permit Number 99-1-2430, described as Lots 2 & 3, Block L, Pine Heights Subdivision, Big Pine Key, and Permit Number 99-1-2430, described as Lot 5, Block 12, Eden Pines Colony, Big Pine Key. The applicant receiving a dwelling unit allocation award for the year ending July 13,2001, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Dean G. & Lauren L. Thompson and Edward & Petra M. Sanchez to Monroe County by Warranty Deeds, Permit Number 00-1-3921, described as Lot 6, Block 22, Port Pine Heights 2nd Addition, Big Pine Key, and Permit Number 00-1-2882, described as Lot 4, Block 5, Cutthroat Harbor Estates, Cudjoe Key. The applicants receiving dwelling unit allocation awards for the year ending July 13, 2001, have filed the documents in accordance with Ordinance No. 47-1999. 04/19/01 2001/128 Board granted approval for the transfer of two buildable lots from Dwight Skidmore for Paul Smith to Monroe County by Warranty Deeds, Permit Number 00-1-4047, described as Lot 4, Block 49, Port Pine Heights 2nd Addition, Big Pine Key, and Lot 23, Block 15, Palm Villa, Big Pine Key. The applicant receiving dwelling unit allocation award for the year ending July 13, 2001, has filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from James T. and Jeanne M. Johnson to Monroe County by Warranty Deed, Permit Number 00-1-4462, described as Lot 1, Block 32, Palm Villa, Big Pine Key. The applicants receiving a 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 one buildable lot from Todd M. and Alicia Oropeza to Monroe County by Warranty Deed, Permit Number 00-1-2636, described as Lot 6, Block 40, Sands Subdivision, Big Pine Key. The applicants receiving a 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 one buildable lot from Thomas and Sharon West to Monroe County by Warranty Deed, Permit Number 00-3-3249, described as Lot 11, Block 11, Ramrod Shores First Addition, Ramrod Key. The applicants receiving a 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 a Lot Aggregation Restrictive Covenant from James and Diane B. Tyree to have one dwelling unit on contiguous lots, Permit Number 00-3-5342, described as Lots 7 & 8, Block 2, Winston 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 a Lot Aggregation Restrictive Covenant from Chad W. Ellis to have one dwelling unit on contiguous lots, Permit Number 00-3-5270, described as Lots 1 & 2, Block 6, Bahia Mar Estates, Key Largo. The applicant receiving one dwelling unit allocation award for the year ending July 13,2001, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for a Lot Aggregation Restrictive Covenant from Maria Fernandez to have one dwelling unit on contiguous lots, Permit Number 00-1-2318, described as Lots 75 & 76, Ramrod Shores 2nd Addition, Ramrod Key. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2001, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Louis & Onilda Pouza, Permit Number 92-3-6426 and accessories 04/19/01 2001/129 Permit Number 01-3-168, for property described as Lots 34 & 35, Block 2, Harris Ocean Park Estates. The real estate numbers are 00447490-000000 and 00447480-000000. Board granted approval and authorized execution of a Contract Amendment between Monroe County and American Underwater Contractors for the Matecumbe/Safety Harbor Project. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the emergency removal of DV3A3399 located off of Big Pine Key, Monroe County. Board granted approval and authorized execution of Amendment No.1 to Contract No. WM739 between Monroe County and the Florida Department of Environmental Protection to complete the Stormwater Management Master Plan. Board granted approval of a request by Frank Toppino for a floodplain variance to section 9.5-317(3)b.(i) in order to construct a 2000 square foot Quonset hut below base flood elevation to house construction and debris at the Rockland Solid Waste Transfer Station. Board granted approval and authorized execution of Amendment #3 to Agreement between Monroe County and URS Corporation Southern for transportation services under the current FDOT-Monroe County Joint Participation Agreement replacing the previously submitted amendment to correct scrivener's error. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Key West Tourist Development Association for the production of Fantasy Fest on October 19-28, 2001 in an amount not to exceed $85,000, DAC I and $5,000, DAC II, FY 2001, Third Penny. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Stuart Newman Associates, Inc. to exercise option to extend current Agreement for one additional year. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Friends of Mallory Square to terminate on September 30, 2002 for the implementation of bricks at the Key West Sculpture Garden. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Dolphin Research Center to extend Agreement through to September 30, 2002 for installation of a composting toilet with privacy structure. Board granted approval and authorized execution of an Agreement for Gay & Lesbian Visitor Information Services between Monroe County and the Key West Business Guild to 04/19/01 2001/130 provide Visitor Information Services which promote gay and lesbian tourism commencing April 1, 2001 and terminating on September 30,2002, in an amount not to exceed $20,000 per year, DAC I, Third Penny. Board adopted the following Resolution transferring funds (from District I Third Penny Promotion and Advertising to District I Third Penny Gay & Lesbian Visitor Information Services). RESOLUTION NO. 177-2001 Said Resolution is incorporated herein by reference. Board granted approval to amend a scrivener's error to a TDC policy to allow the general non-allocated section of an Umbrella event budget to be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. This policy will be retroactive to October 1,2000. Board granted approval and authorized execution of a Grant of Funds between Monroe County and Florida Keys Land and Sea Trust for the Tidal Lagoon/Marine Habitat Restoration Project in an amount not to exceed $22,500, DAC III, Capital Resources. Board granted approval and authorized execution of Destination Events Agreement between Monroe County and Keys Communication Group, Inc. for the production of the 10th Annual Key West Theatre Festival on June 28 - July 8, 2001 in an amount not to exceed $45,000, DAC I, FY 2001, Third Penny, Event Resources. Board granted approval and authorized execution of an Amendment to Agreement and revised Exhibit A between Monroe County and Holiday Inn and Sunny Keys Fishing Tournaments, Inc. for the production of the Key Largo Dolphin Tournament on April 27-29, 2001. Board granted approval and authorized execution of a three (3) year Non-Disclosure Agreement between Monroe County and AT&T to provide Long Distance Telephone Service to the Monroe County Tourist Development Council. COMMISSIONERS' ITEMS Board granted approval of Mayor Neugent's appointment of David Ritz to the Planning Commission with term to expire September 1, 2001, fulfilling Scott Marr's term. Board adopted the following Resolution certifying that the Monroe County Senior Community Service Employment Program has successfully operated in Monroe County since 1978, and is currently in jeopardy. RESOLUTION NO. 178-2001 Said Resolution is incorporated herein by reference. 04/19/01 2001/131 DIVISION OF GROWTH MANAGEMENT Board granted approval to procure services in accordance with the Monroe County Purchasing Policy for necessary bathymetric surveys and for the installation of mooring buoys in Boot Key Harbor. This item is clarification concerning Bulk Item B5 from February 222001 BOCC meeting. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Timothy McGarry, Director Growth Management addressed the Board. Motion was made by Commissioner Nelson and seconded by Mayor Neugent to adopt the following Resolution authorizing certain Code Enforcement Inspectors to issue citations for violations of the Monroe County Code for disposition in County Court. Motion carried unanimously. RESOLUTION NO. 179-2001 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL County Administrator James Roberts made a public announcement of a vacant position on the Tourist Development Council IV Advisory Committee for an "at large" appointment. DIVISION OF GROWTH MANAGEMENT Mr. McGarry reported to the Board on an RFP for consultant services to evaluate the permitting process. Mr. McGarry disseminated copies of the draft work force housing program and discussed the status of the Proposed Program for '201' ROGO Affordable Housing Units. Mr. McGarry followed-up on a potential Big Pine Key park and recreation sites. Executive Director of the Monroe County Land Authority, Mark Rosch addressed the Board. Mr. McGarry discussed the previously approved Development Agreement concerning the Key West Oceanside Marina project and that the County had received a check for $26,400 as part of the agreement. Mr. McGarry discussed the Non-Residential rate of Growth Ordinance and the draft report on the cost of the comprehensive plan. Assistant, County Attorney Karen Cabanas referred the Board to the Growth Management Litigation Report dated April 18-19, 2001. Ms. Cabanas also discussed the Shadek case and the new case oflndustrial Communications Electronics for the Cudjoe Tower. 04/19/01 2001/132 COUNTY ADMINISTRATOR Mr. Roberts discussed with the Board appropriate action in reference to Representative Sorensen's invitation to attend a meeting in Tallahassee to discuss a strategy for the use of pending federal wastewater and stormwater funds. The Board postponed the item to later in the meeting. PUBLIC HEARINGS A Public Hearing was held to adopt an Ordinance concerning the request by the Board of County Commissioners to amend the text Section 9.5-309 (fences) ofthe Land Development Regulations; Providing for the Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and directing the Clerk of the Court of the Board to forward a certified copy of the Ordinance to the Florida Department of Community Affairs and providing an effective date. Mr. McGarry addressed the Board. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson Yes Commissioner Spehar Yes Commissioner Williams No Mayor Neugent Yes Motion carried. ORDINANCE NO. 020-2001 Said Ordinance is incorporated herein by reference COMMISSIONERS' ITEMS The Board discussed the Regional Park System. No official action was taken. The Board also discussed approval of an agreement with the City of Marathon concerning the Florida Keys Marina and bay bottom at Boot Key Harbor; the Marathon Community Park, and the Marathon Yacht Club and bay bottom. These issues were referred to Commissioner Williams as the Board representative. Mr. Roberts discussed status of the contract with the City of Marathon for emergency medical services and a request from the City of Marathon for Monroe County to take over their enforcement services. Councilman Frank Greenman, with the City of Marathon addressed the Board. 04/19/01 2001/133 DIVISION OF GROWTH MANAGEMENT Karen Cabanas, Assistant County Attorney discussed with the Board approval of a proposed settlement agreement for Taxpayers for the Electrification of No Name Key, Inc., et. al. v. Monroe County and City Electric System, Case No. 99-819-CA-18 (Fla. 16th Cir. Ct.), allowing for the extension of commercial electric service to the existing lawfully constructed homes on No Name Key. The following individuals addressed the Board: Franklin D. Greenman, Attorney for Taxpayers for Electrification of No Name Key; Mick Putney, Alicia Putney, Jeannette Gato, representing No Name Key Residents Against Commercial Power; Cory Lindy, J. A Wernsen, Rob Barber, Jane Sprenger Wallace, Kirk Wiederecht, Harry Wallis, David Eaken, Daryl Miller, and Ruth Eaken, representing Taxpayers for Electrification of No Name Key; Petronella Benton, Bob Banton, Attorney Richard Grosso, representing Dr. Snell and Alicia Putney; Lenore Lohr, John F. Lohr, Frank Atwell, Karen Jeanneret-Druckman, Tonig Harlacher, Elizabeth Harlacher, Stu Garrison, Faye T. Daniels, Walter Keske, Rebecca Jetton, representing the Department of Community Affairs; and Larry Sullivan, representing the Big Pine Key Civic Association. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar to reject the proposed settlement agreement. Roll call vote was unarumous. Commissioner Nelson excused himself from the meeting. Motion was made by Commissioner Spehar and seconded by Commissioner Williams directing Staff to bring back to the Board for approval the creation of a zoning overlay district designation of off-grid encompassing all properties within the boundaries of No Name Key; and also, to address or change the other issues that clearly caused confusion today. Ms. Cabanas addressed the Board. Roll call vote was unanimous, with Commissioner Nelson not present. Commissioner Nelson returned to the meeting. Motion was made by Mayor Neugent and seconded by Commissioner Spehar granting approval of the proposed settlement agreement for Max D. Puyanic, as Trustee for Trust No. 201 v. Monroe County and Joseph Paskalik, Case No. CAP-00-601 (Fla. 16th Cir. Ct.), allowing the issuance of building permits to Plaintiff for the Tavernier Town Shopping Center upon payment of fees buy Plaintiff. Roll call vote was unanimous. COUNTY ADMINISTRATOR The Board discussed Representative Sorensen's letter concerning an invitation to attend a meeting in Tallahassee to discuss a strategy for the use of pending federal wastewater and stormwater funds. The Board took no official action. SOUNDING BOARD Jeff Delisle, representing the International Association of Firefighters addressed the Board concerning issues relating to the fire service which have a direct bearing on the restructuring of 04/19/01 2001/134 the Public Safety Division. The following individuals addressed the Board: Orin Opperman, and Brian Carman. DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors for District # 1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering the roll call were Commissioner Murray Nelson, Mayor George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and Chairperson Yvonne Harper. Reggie Paros, Director Public Safety addressed the Board concerning Fire Departments, Municipal Service Taxing Districts and volunteer emergency responders. The following individuals addressed the Board: John Rolli, representing the SugarloafKey Volunteer Fire Department; Scott H. Young, representing the Big Coppitt Volunteer Fire Department; Keith Courtner, representing the Tavernier Volunteer Fire Department addressed the Board. The Board took no official action. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * * The Board of County Commissioners reconvened with all Commissioners present. COUNTY ADMINISTRATOR Mr. Roberts, Mr. Paros, and the Board discussed reorganization of the Division of Public Safety. The following individuals addressed the Board: John Rolli, representing the Sugarloaf Key Volunteer Fire Department; Scott H. Young, representing the Big Coppitt Volunteer Fire Department; Keith Courtner, representing the Tavernier Volunteer Fire Department addressed the Board. Motion was made by Commissioner Williams and seconded by Mayor Neugent authoring the County Administrator to move forward on the reorganization of the Division of Public Safety in accordance with the Organization chart shown on page 18 on the documentation submitted by the County Administrator entitled, "Proposed Reorganization of Remaining Public Safety Division Functions". Roll call vote was unanimous. 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 ~c::~ Isabel C. DeSantis, Deputy Clerk