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09/20/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 20011290 Regular Meeting Board of County Commissioners Thursday, September 20,2001 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Marathon Government Center. 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 C. DeSantis, Deputy Clerk; James Roberts, County Administrator; James Hendrick, County Attorney; County Staff, members ofthe press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Mayor Neugent and seconded by Commissioner Nelson granting approval of the additions, corrections and deletions to the Agenda. Motion carried unanimously, with Commissioner Williams not present. County Attorney James T. Hendrick gave Notice that on Thursday, September 20,2001, at 2:00 PM, or as soon thereafter as can be heard, at the Marathon Government Center, the BOCC will convene in an attorney-client session with the County Administrator Jim Roberts, County Attorney Jim Hendrick, and Wayne Smith, Esq., in order to discuss the following litigation: Monroe Countv v. Post Buckley Schuh & Jernigan. Inc. PRESENTATION OF AWARDS Presentation of Employee of the Month award for June 2001, to Ms. Sarah "Tiny" Curry, Nutrition Site Manager of the Truman School Site in Key West, Social Services Department, Community Services Division. Presentation of Employee ofthe Month award for July 2001, to Sheri Carpenter, Technical Services Systems Analyst dedicated to the Monroe County Public Libraries, Technical Services Department, Management Services Division. Presentation of Years of Service Award for 15 years of service to Monroe County to Virginia Joubert, Facilities Maintenance, Public Works Division. Mayor's Proclamation recognizing the month of October 2001 as United Way Month. 0912012001 20011291 BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the following items: Board adopted the following Resolution rescinding Resolution 308-2001 for the Memorandum of Agreement with the Florida Department of Environmental Protection for use of the County Incentive Grant Program Funds, and granted approval and authorized execution of a Memorandum of Agreement between Monroe County and Florida Department of Environmental Protection (DEP) for the survey, design, permitting and/or construction of portions ofthe Overseas Heritage Trail. RESOLUTION NO. 362-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution 315-2001 for the Joint Participation Agreement with the Florida Department of Transportation for the County Incentive Grant Program, and granted approval and authorized execution of a County Incentive Grant Program between Monroe County and the Florida Department of Transportation (FDOT). RESOLUTION NO. 363-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement, Contract No. AK519, between Monroe County and the State of Florida Department of Transportation providing 100% of the funding to hire a part-time Florida Keys Scenic Highway Coordinator. Board adopted the following Resolution approving an exemption from the Nonresidential Permit Allocation System pursuant to Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan for the First Choice Women's Center. The property is at approximately mile marker 102.5 and is described as Lot 3, Block 20; Twin Lakes Subdivision, Key Largo, Monroe County, Florida. The Land Use designation is suburban commercial and the real estate number is 00550620.000000. RESOLUTION NO. 364-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Amendment #1 to Agreement between Monroe County and Freilich, Leitner and Carlisle to add funds for the hiring of a wireless communications technical expert. Board granted approval of recommendations from the RSQ Review Committee to select the firm of The Chesapeake Group, Inc. to complete the Preparation of Land Use Projections, 09/2012001 2001/292 Policies, and Regulations for Nonresidential Development in the Florida Keys and direct staff to enter into Contract negotiations with this firm. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Reef Custom Homes, Permit No. 99-3-3116, described as Lot 15 Block 3 Harbor Course South Section 4 Ocean Reef Plat #13 Plat Book 7 Page 8. The real estate number is 00573670-001500. Board adopted the following Resolution applauding the Ocean Conservancy and Clean Florida Keys for their efforts in organizing and carrying out a Keys wide beach cleanup on 15 September 2001. RESOLUTION NO. 365-2001 Said Resolution is incorporated herein by reference. Board granted approval of a request to submit a grant application to the National Fish and Wildlife Foundation for $130,000 to provide for additional pump-out facilities in the Florida Keys. Board granted approval to waive purchasing policies and procedures to allow the expenditure of remaining grant funds to American Underwater Contractors for additional mooring equipment for Boot Key Harbor. Board granted approval and authorized execution of a Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick renewing for an additional term of one year the Letter of Engagement authorizing the firm to provide Land Use-Growth Management representation to Monroe County for fiscal year 2001-2002. Board granted approval and authorized execution of a Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick renewing for an additional term of one year the Letter of Engagement authorizing the firm to act as General Civil Litigation Counsel to the Board of County Commissioners of Monroe County for fiscal year 2001-2002. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV3A3513 located off of Key West, Monroe County. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV3A3433 and DV3A3517 located off of Key West and No Name Key, Monroe County. Board granted approval and authorized execution of a Contract Agreement between Monroe County and A.S.A.P., Inc., for the removal ofDV3A3390 located off of Plantation Key, Monroe County. 09/20/2001 20011293 Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the emergency removal ofDV3A3562 located off of Christmas Tree Island, Monroe County. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal ofDV3A3445 located off of Key West, Monroe County. TOURIST DEVELOPMENT COUNCIL Board appointed Charles Beneway to the "at large" appointment to the Tourist Development Council District II Advisory Committee, replacing Karen Haack due to the end of her term. Board granted approval of the Marketing Plan 2001-2002 for the Monroe County Tourist Development Council. Board granted approval and authorized execution of a Interlocal Agreement for Grant of Funds between Monroe County and the City of Key West for beach cleaning services by Robbies Marine for Smathers and Rest Beach in an amount not to exceed $138,140 per year, DAC I, FY 2002, Third Penny Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Key West Botanical Garden Society to extend Agreement for one additional year until September 30, 2002. COMMISSIONERS'ITEMS Board adopted the following Resolution in appreciation to Lynn Mapes, who has served several years as Chairman and member of the Planning Commission. RESOLUTION NO. 366-2001 Said Resolution is incorporated herein by reference Board granted approval of Commissioner Williams appointment of Alicia Roemmele-Putney to the Monroe County Planning Commission, replacing Lynn Mapes. Board granted approval for the Mayor to execute a County Deed, Release from Conditions of Grant Contract, Florida Communities Trust Area of Critical State Concern Program Addendum V to Grant Contract, and closing documents necessary to convey CARL lands to the State of Florida. . Motion carried unanimously. 09120/2001 2001/294 TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Williams and seconded by Mayor Neugent appointing Kathryn Houtz as the "at large" appointment to the Tourist Development Council District I Advisory Committee, replacing Sharon Wells due to absenteeism. Motion carried unanimously. The Board discussed approval of two (2) "at large" appointments to the Tourist Development Council District V Advisory Committee, due to the end of term for Richard Drake and the resignation of George Parks who has since passed away. The Board proceeded to cast their vote with the following results: Name McCoy Nelson Spehar Williams Neugent Total Drake X 1 Fink X X X 3 Gibbons Halas X X 2 Nealey X 1 Whitla X X X 3 Because ofthe tie vote, the Board proceeded to vote with the following results: Name McCoy Nelson Spehar Williams Neugent Total Drake X 1 Fink X X X 3 Halas X 1 Whitla Motion was made by Commissioner Williams and seconded by Mayor Neugent appointing Barbara J. Whitla and Eugene "Graig" Fink to the "at Large" appointment of the Tourist Development Council District V Advisory Committee. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Timothy McGarry, Director of Growth Management reported to the Board on the issue of the Lower Keys concurrency; land regulations concerning RVs; and Toppino's re-zoninglAICUZ. Commissioner Williams discussed the Board's request for a "no discharge designation". Commissioner Williams discussed a letter from the Department of Environmental Protection to Roger Braun, of the Florida Keys Aqueduct Authority regarding funding for wastewater. 09/20/2001 2001/295 County Attorney James T. Hendrick referred the Board to the written Growth Management Litigation Report dated September 19-20,2001 from Attorney Karen K. Cabanas of the firm Morgan & Hendrick. AIRPORTS Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval per Staff recommendation to make it policy that subleasing be omitted from all future Leases, Agreements and Contracts at the Marathon Airport except with Board approval. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Williams discussed the proposed Comprehensive Plan Rule Change affecting Monroe County. Commissioner Williams discussed how we are doing on our 2001 Goals. COUNTY ADMINISTRATOR County Administrator James Roberts updated the Board on the Supervisor of Elections redistricting. COUNTY ATTORNEY Mr. Hendrick reported to the Board on the following litigation: FKANOgden appeal dismissal; Post Buckley, Schuh & Jernigan trial scheduled for October 15,2001; Marathon Community Park condemnation trial scheduled for January 22,2002; and discussed the Cultural Umbrella/Council on Arts and ethics policy. After discussion, motion was made by Commissioner Williams and seconded by Mayor Neugent to abstain from making appointments to the Cultural Umbrella until an ethics policy is established by the Monroe Arts Council. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Mayor Neugent authorizing the Mayor to sign the Florida Keys Affordable Housing Task Force Memorandum of Understanding. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held concerning an Ordinance amending Chapter 15.5, Monroe County Code; providing for creation of decentralized wastewater management; providing for applicability, providing for replacement of on-site sewage treatment and disposal systems (OSTDS) in coldspots; providing for fees; providing for enforcement; providing for severability; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The hearing was postponed to the next Key Largo and Marathon regular 09/20/2001 2001/296 scheduled meetings. Mr. Hendrick addressed the Board. The item was then withdrawn from the agenda and was requested to be advertised to be heard at the Board's next meetings in Key Largo and Marathon. COUNTY ATTORNEY Mr. Hendrick addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval and authorizing execution of an Interlocal Agreement, as amended, between Monroe County and Islamorada, Village of Islands wherein the County agrees to pay $440,000 to the Village for the purchase of emergency medical service vehicles and equipment. Said amendment is as follows: In no event may the total amount paid by the County pursuant to this agreement exceed $440,000; and once paid. the Village shall not be entitled to receive from County Infrastructure Sales Tax funds nor from Trauma District Funds. any other payments for capital expenses. Motion carried unanimously. Mayor Neugent discussed the feral cat committee and their request for some surplus property and indicated he would bring this item back before the Commission. 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 ..Jl..LLc.~~ Isabel C. DeSantis, eputy Clerk