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05/17/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2001/156 Regular Meeting Board of County Commissioners Thursday, May 17, 2001 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., 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 James Roberts, County Administrator; James T. Hendrick, County Attorney; Isabel C. DeSantis, Deputy Clerk; 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 McCoy and seconded by Commissioner Spehar granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carned unanimously. BULK APPROVALS Motion was made by Commissioner McCoy and seconded by Commissioner Williams granting approval of the following: Board granted approval for the transfer of one buildable lot from Anorca, LLC to Monroe County by Warranty Deed, Permit Number 00-3-4126, described as Lot 8, Block 8, Revised Plat of Torch Key Estates, Little Torch 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 one buildable lot from Tommie Lee and Iris Buhler Daniels to Monroe County by Warranty Deed, Permit Number 00-1-0942, described as Lot 1, Block 7, Ramrod Shores Marina Section, 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 adopted the following Resolution authorizing the submission of a Grant Application to the Florida Department of Transportation for the FY 2002 FHW A National Scenic Byways Grant Program. 05/17/01 2001/157 RESOLUTION NO. 204-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Mignon C. and Donald L. Wollard, Permit Number 97-3-1779, described as Lots 5 & 6, Block 3 High Point Subdivision, as recorded in Plat Book 6 Page 19 of the records of Monroe County. The real estate numbers are 00419751-000500 and 00419751-000600. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Dale W. Hess, Permit Number 99-3-1422, described as Lot 3, Block 7 and a part of Tract C, Harbor Course South Section 3, Monroe Plat Book 7 Page 53. The real estate number is 00573710-000300. Board granted approval and authorized execution of a Project Agreement, DEP Agreement No. LE328 for CV A 98-196, between Monroe County and the Florida Department of Environmental Protection Clean Vessel Act Grant Program to provide for marine sanitary pump-out facilities at the Florida Keys Marina, Marathon. Board granted approval to advertise an Ordinance amending Chapter 5.5 entitled "Boats, Docks and Waterways" by adding Article XX to provide for the establishment of County mooring fields; providing the authority to manage those mooring fields; establishing rules and regulations for use of those mooring fields; authorizing a fee schedule; providing penalties; providing for severability; providing for incorporation into the Monroe County Code of Ordinances; providing for repeal of Sections inconsistent herewith; and directing the Clerk of the Board to forward a certified copy of the Ordinance to the Secretary of State. Board granted approval to advertise a Request for Statements of Qualifications for conducting a management evaluation study of the Growth Management Division's development permitting system. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal ofDV3A3407 and DV3A3408 located off of Big Pine Key. 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 DV3A3307 located in Boca Chica Bay, Stock Island. 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 DV3A330210cated at Murray Marina, Stock Island. 05/17/01 2001/158 Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the emergency removal ofDV3A3426 located southeast of Key Lois. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal ofDV3A3288, DV3A3289, DV3A3290, DV3A3291, DV3A3292, and DV3A3293 located off of Key West. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the emergency removal ofDV3A3377 located off Coco Plum, Marathon. Board granted approval of recommendations from the Technical Advisory Committee to select the firm of Analytica to complete the Preparation of a Post-Disaster Redevelopment Plan and direct staff to enter into Contract negotiations with this firm. Board granted approval for the transfer of one buildable lot from Thomas and Leigh Massengill to Monroe County by Warranty Deed, Permit Number 99-1-3283, described as Lot 9, Block 1, Pine Hammock 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 Kieran 1. and Gerri Mahoney to Monroe County by Warranty Deed, Permit Number 99-1-3459, described as Lot 6, Block 7, Ramrod Shores Marina Section, 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. Motion carried unanimously. PRESENTATION OF AWARDS Mayor's Proclamation proclaiming Thursday, May 17, 2001 as Falun Dafa Day. TOURIST DEVELOPMENT COUNCIL County Administrator James Roberts made a public announcement of a vacant position on the Tourist Development Council District I Advisory Committee and a vacant position on the District III Advisory Committee for "at large" appointments. Motion was made by Commissioner Williams and seconded by Mayor Neugent approving the "at large" appointment of Hunter Padgett to the Tourist Development Council District IV Advisory Committee. Motion carried unanimously. 05/17/01 2001/159 MISCELLANEOUS Commissioner McCoy made a special announcement concerning U.S. Highway 1 being designated a Scenic Highway and discussed the bicycle path which will go all the way from Calais, Maine to Key West that will be called the East Coast Greenway. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry gave a follow-up report to the Board concerning Mariner's Resort in Big Pine Key. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval per Staff recommendation to reaffirm the Boards interest to continue to pursue the acquisition of Mariner's Resort, which includes the outlying parcel on U.S. Highway 1, and requested the Land Authority obtain independent appraisals of both properties, including the marketable development rights. Roll call vote was unanimous. Commissioner Williams updated the Board on her trip to Tallahassee with the Governor and Cabinet concerning Monroe County's cesspit credits, the '201' ROGO Affordable Housing Units, and land acquisition issues. Commissioner Williams discussed with the Board her document handed out in today's meeting entitled DCA Affordable Housing in the Keys, Report of February 22 & 23, 2001 Meeting. Commissioner Williams also discussed with the Board the CommuniKeys Program. Mayor Neugent and Commissioner Williams together discussed the Intergovernmental Task Force and status of the $100,000,000 for wastewater funding. COUNTY ATTORNEY Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval and authorizing execution of the Interlocal Agreement between Monroe County and Islamorada, Village ofIslands concerning Funding Issues, including direction to Staff to move forward to research other material to determine where other sources of funding are concerning the Trauma District and the following changes: Removal of the discussion of the Trauma District and the paragraph for a separate workshop, exchanging the Land Authority portion language with the County Attorney recommendation, and adding new planning language, as follows: ALTERNATE LAND AUTHORITY LANGUAGE 2. Land Authority. In its capacity as the governing body of the Monroe County Comprehensive Plan Land Authority (the "Land Authority"), the Board of County Commissioners of Monroe County agrees that in the exercise of the authority granted under Section 9.3-9, Monroe County Code. to select parcels ofland for acquisition, the 05/17/01 2001/160 Land Authority shall give due consideration to recommendations of the VILLAGE for acquisitions of land within the municipal limits of the VILLAGE, and to achieving a rough proportionality between (a) Land Authority revenues generated within the VILLAGE and (b) amounts allocated for purchase of land within the municipal limits of the VILLAGE. 3. Planning. The VILLAGE and the COUNTY agree that the COUNTY collected $480,571 in growth management funds from within the municipal boundaries of the VILLAGE prior to incorporation for growth management services which were not provided to the VILLAGE. In its capacity as the governing body of the Monroe County General Purpose Municipal Service Taxing Unit, the Board of County Commissioners of Monroe County agrees to expend, on VILLAGE - approved growth management projects, the sum of $480,571 in growth management funds. Attorney Nina Boniske, representing the Village ofIslamorada~ Councilman Frank Kulisky, Councilman Ron Levy, and Councilman Jim Mooney, representing the Village of Islamorada addressed the Board. Mr. Hendrick also addressed the Board. After discussion, the above motion was amended by the maker with the second accepting that instead of removing the relevant Trauma District paragraph, it be replaced with the recommended language by the County Attorney, as follows: Upper Keys Health Care Taxing District or Alternative Funding. The VILLAGE will, within ninety (90) days of execution of this Agreement, submit to the BOCC in its capacity as the governing body of the Upper Keys Health Care Taxing District (the "District"), a list of capital equipment, vehicle(s) and facilities within the authorized purposes of the District, at a cost of $440,000. The County will either approve and fund the request through the District, or will allocate from an appropriate fund $440,000 to pay for or reimburse the VILLAGE for materials or services identified by the VILLAGE and determined by VILLAGE and COUNTY legal staff to be valid subjects of County expenditure. Mark Rosch, Executive Director of the Monroe County Land Authority addressed the Board. After discussion, the ALTERNATE LAND AUTHORITY LANGUAGE was amended, as follows: In its capacity as the governing body of the Monroe County Comprehensive Plan Land Authority (the "Land Authority"), the Board of County Commissioners of Monroe County agrees that it will expeditiously, but in any event prior to the end ofFY 2006, commit sufficient funds to purchase lands within the Village of Islamorada, exclusive of purchases already closed, having a total purchase price of no less then $2,341,000 and failing the ability to contract for that total sum, the COUNTY will fund the VILLAGE's condemnation of identified lands for the remaining unexpended balance. 05/17/01 2001/161 Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending the Monroe County Year 2010 Comprehensive Plan, Policies 203.1.3,204.2.6, and 212.2.3, regarding Development within Wetland and Shoreline Setbacks. Mr. McGarry addressed the Board. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 024-2001 Said Ordinance is incorporated herein by ,reference. A Public Hearing was held concerning adoption of an Ordinance amending Monroe County Code Section 9.5-281 (Minimum Yard) regarding only the Urban Residential Mobile Home (URM) Land Use District; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and directing the Clerk of the Court to the Board to forward a certified copy of this 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 Williams to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 025-2001 Said Ordinance is incorporated herein by reference. COUNTY ADMINISTRATOR The Board continued the item concerning discussion of issues that will be part of the proposed Fiscal Year 2002 Budget with guidance from the Board of County Commissioners concerning how they wish to approach these issues, and agreed that the Mayor call a Special Meeting. DIVISION OF GROWTH MANAGEMENT Mr. Hendrick referred the Board to the written Growth Management Litigation Report, by Attorney Karen Cabanas of the law firm Morgan & Hendrick, dated May 16-17, 2001. COMMISSIONERS' ITEMS Mayor Neugent withdrew his item from the Agenda concerning a request for support from URECOAT Industries, Inc., to demonstrate and test a product to enhance longevity and structural integrity for the old 7-mile bridge. Testing would be 100' of the structure including the ground and piling part which is maintained by FOOT. URECOAT has obtained permission from FDOT which no permits are needed. DEP has also given permission. 05/17/01 2001/162 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. Q..w~~ Isabel C. DeSantis, Deputy Clerk