03/16/2000 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2000/90
Regular Meeting
Board of County Commissioners
Thursday, March 16, 2000
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 were Commissioner
Wilhelmina Harvey, Commissioner George Neugent, Commissioner Mary Kay Reich,
Commissioner Nora Williams, and Mayor Shirley Freeman. Also present were Danny L. Kolhage,
Clerk~ Isabel C. DeSantis, Deputy Clerk; James T. Hendrick, County Attorney; James Roberts,
County Administrator; County Staff, members of the press and radio~ and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Reich and seconded by Commissioner Neugent
to reopen yesterday's agenda (03-15-00) in order to hear item 0.9 concerning an update by Mr.
Roberts on a meeting with representatives of the City of Marathon. Roll call vote was
unammous.
Motion was made by Commissioner Harvey and seconded by Commissioner Williams
granting approval of Additions, Corrections, and Deletions to the Agenda. Roll call vote was
taken with the following results:
Commissioner Harvey Yes
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Freeman Yes
Motion carried.
BULK APPROVALS
Motion was made by Commissioner Williams and seconded by Commissioner Harvey
granting approval of the following items by unanimous consent:
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Board granted approval for one Restrictive Covenant from David and Denise Dreifort,
Permit Number 99-01-1414, to have one dwelling unit on contiguous lots described as Lots 29 &
30, Block 11, Cudjoe Ocean Shores Amended Plat Section 2-A, Cudjoe Key. The applicants
receiving one dwelling unit allocation award for the year ending July 13, 2000, having filed the
document in accordance with Ordinance No. 16-1992.
Board adopted the following Resolution approving an exemption from the
Non-Residential Permit Allocation System pursuant to policy 101.3.4 of the Year 2010
Comprehensive Plan for the Florida Keys Outreach Coalition, Inc. to construct an aqua farm to
consist of one (1) 5,000 square foot greenhouse and one (1) 100 square foot accessory building,
at 132 Mako Avenue, on property described as a part of government lot 4, section 30, township
66S, Range 29E, Ramrod Key, Monroe County, Florida, approximate mile marker 27.
RESOLUTION NO. 132-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board granted approval for the transfer of two buildable lots from Miguel A. & Vicki L.
Jimenez, Permit Number 99-1-1458, to Monroe County by Warranty Deed. The applicants
receiving a dwelling unit allocation award for the year ending July 13,2000, have filed the
document in accordance with Ordinance No. 16-1992.
Board granted approval of Exhibits for the approved Development Agreement between
Paradise Park, Inc., Key West Oceanside Marina, Inc., Monroe County and the Florida
Department of Community Affairs (DCA) under Chapter 380.032 Florida Statutes.
Board granted approval for the transfer of two buildable lots from Robert L. & Patricia A.
Bloomquist to Monroe County by Warranty Deed. The applicants receiving a dwelling unit
allocation award for the year ending July 13, 2000, have filed the document in accordance with
Ordinance No. 16-1992.
Board granted approval for one Restrictive Covenant from Antonio & Marlen Narvaez to
have one dwelling unit on contiguous lots described as Lots 10 & 17, Block 16, Key Largo Park
Amended Plat, Key Largo. The applicants receiving a dwelling unit allocation award for the year
ending July 13,2000, have filed the document in accordance with Ordinance No. 16-1992.
Board granted approval for one Restrictive Covenant from Lisa & Paul Tolli to have one
dwelling unit on contiguous lots described as Lots 1 & 2, Block 5, Key Largo Ocean Shores, Key
Largo. The applicants receiving a dwelling unit allocation award for the year ending July 13,
2000, have filed the document in accordance with Ordinance No. 16-1992.
Board granted approval for one Affordable Housing Deed Restriction from Nickolas E. &
Talley Anne Reeb for Lot 30, Orchid Park, SugarloafKey. The applicants receiving a dwelling
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unit allocation award for the year ending July 13,2000, have filed the document in accordance
with Ordinance No. 16-1992.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a TurnKey Agreement between
Monroe County and Super Boat International Productions, Inc. covering Key West Super Boat
World Championship Race on November 5-11,2000 in an amount not to exceed $87,500.00,
DAC I, FY 2000, Third Penny.
Board granted approval and authorized execution of an Amendment between Monroe
County and Pigeon Key Foundation to develop an Amenity Center in an amount not to exceed
$11,250.00, DAC III, FY 2000, Third Penny.
Board granted approval and authorized execution of an Agreement between Monroe
County and Florida Keys Land & Sea Trust to create a "Watchable FL Keys Butterfly & Wildlife
Garden" in an amount not to exceed $9,389.50, DAC III, FY 2000, Third Penny.
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Board granted approval and authorized execution of an Agreement between Monroe
County and Dolphin Research Center for installation of a compo sting toilet with privacy structure
in an amount not to exceed $4,850.00, DAC III, FY 2000, Third Penny.
Board granted approval and authorized execution of a TurnKey Funding Agreement
between Monroe County and Key West Tourist Development Association covering Fantasy Fest
on October 20-29,2000 in an amount not to exceed $100,000.00, DAC I, FY 2000, Third Penny
and $5,000.00, DAC II, FY 2000, Third Penny.
Board granted approval to rescind Agreement with the Caroline Street Corridor and
Bahama Village Redevelopment Agency, City of Key West. Due to changes in project the
contract was not able to comply with Scope of Services as outlined within Agreement.
Board granted approval to rescind Agreement with Habitat for Humanity of Key West and
the Lower Keys, Inc. for the production of Sharks after Sharks on May 5-7, 2000 due to
cancellation of event.
Board adopted the following Resolution concerning Transfer of Funds.
RESOLUTION NO. 133-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution to allow for advance Trade Show registration.
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RESOLUTION NO. 133A-2000
See Res. Book No. 145, which is incorporated herein by reference.
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COMMISSIONER'S ITEMS
Board granted approval of support for Senate Resolution for grant funding for Florida
Keys Wastewater and approval of Master Plan Technical Memorandum #13 - Service Area
Implementation Plan.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Growth Management Director Tim McGarry addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Williams granting approval and authorizing
execution of Amendment NO.1 to Memorandum of Understanding No. DOH 01-1999 between
Monroe County and the Monroe County Health Department to expand the group of residential
property eligible for receiving assistance under the County's Homeowners Wastewater System
Assistance Program. Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Freeman Yes
Motion carried.
DIVISION OF GROWTH MANAGEMENT
Mr. McGarry reported to the Board on the following issues: A meeting with the
Technical Evaluation Panel is scheduled for Wednesday, March 22,2000 at 6:00 P.M. at the Key
Library for site location of Key Largo Wastewater facility; the Planning Commission in the month
of May will be going to Public Hearing on Floodplain regulations; changes in the permitting
process; Livable Communi Keys Program: Big Pine Habitat Conservation Plan - Staff to develop
guiding principles for the Planning Commission. Commissioner Williams discussed potential sites
for the Key Largo Wastewater Treatment Plant.
Ann Murphy, Comprehensive Planner made a presentation to the Board for consideration
of Staff's recommendation on setting policies for the use ofROGO credit units of affordable
housing (FEMA replacement units) and affordable housing ROGO allocations and creating
increased affordable housing opportunities. After discussion, motion was made by Commissioner
Williams and seconded by Commissioner Neugent requesting that a formal letter be sent to the
City Council of Marathon asking that they make a determination as a Board if they will be moving
RevIs '-OY\
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COMMISSIONERS' ITEMS
Board adopted the following Resolution releasing a Restrictive Covenant running in favor
of Monroe County on Lot 88, Block 19, Breezeswept Beach Estates, Monroe County, Florida; *
subject to the condition that the property owner obtain a demolition permit to remove the
accessory building and subject to final inspection as to its removal by Growth Management
Division Staff
RESOLUTION NO. 134-2000
See Resolution Book No. 145 which is incorporated herein by reference
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forward with the FEMA Inspection Program and the removal of illegal downstairs enclosures, and
if so, that they be included in the shared equitable distribution of Affordable Housing permits
outside ofROGO, contingent upon DCA approval of said change and Interlocal Agreement and
Staff being directed to determine if acceptable to DCA. Roll call vote was unanimous.
Motion was made by Commissioner Williams and seconded by Mayor Freeman granting
approval of the following with the addition of the last bullet point:
Recommendation #2a:
Approve the sites presented by the Planning Department as those to be considered for the
BOCC's Affordable Housing Action Plan.
Recommendation #2b:
Direct the Land Authority to work with the Monroe County Housing Finance Authority in
carrying forward the BOCC's Affordable Housing Action Plan and provide recommendations to
the Board on the following:
· purchasing sites;
· the number and type of units to build on these sites;
· state and federal funding opportunities;
· additional local fund raising and/or subsidies necessary for building the affordable housing
action plan units; and
· determine if there are existing proposals for appropriate projects, as we found in Key Largo,
that would satisfY our defined need in terms of type and price of affordable housing.
Roll call vote was unanimous.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent
granting approval of the following with the addition of the last bullet point:
Recommendation #3
Utilize current policies for current and future affordable housing ROGO allocations (i.e. flexibility
in ROGO to allow for borrowing from future ROGO allocations and the market ROGO
category). This could involve the following:
· matching affordable units being constructed using FEMA replacement units with those from
the affordable housing ROGO category;
· increase the percentage ofROGO allocations for affordable housing, this will help offset the
loss of units from the affordable to the market ROGO category that occurred in the past due
to the roll over of unused affordable housing ROGO allocations;
· directing a portion of affordable housing ROGO allocations to nonprofit housing associations;
and
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· Request to Staff that the County's highest priority be that care should be taken so that such
apportionment does not diminish the County's ability to build affordable housing low cost
rental units to replace illegal downstairs enclosures. After further discussion, the motion was
amended directing Staff, on an annual basis, to come back before the Board for final approval
of any proposals that may have long range impacts.
Roll call vote was unanimous
Ms. Canopy and Ms. Murphy discussed the following:
Recommendation #4:
Direct the Planning Department to proceed with a text amendment to allow for the following
changes to Suburban Commercial and Mixed Use zoning area regulations:
· increase maximum net density up to 18 units per acre (the 2010 Plan allows up to 18 units
per acre in these zoning areas); and
· allow commercial apartments without associated commercial uses (the 2010 Plan does not
require a commercial use to be associated with SC and UM zoning areas).
This item was deferred back to Staff for further information.
PUBLIC HEARING
The continuation of a Public Hearing was held concerning adoption of an Ordinance
amending Sec. 6-66, Monroe County Code, in order to clarifY certain prohibited acts of
contractors - financial mismanagement, abandoning a project, aiding and abetting unlicensed
persons; Providing for Severability; Providing for the repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing
an effective date. County Attorney James T. Hendrick addressed the Board. There was no public
input. Motion was made by Commissioner Williams and seconded by Mayor Freeman to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 025-2000
See Ordinance Book No. 54 incorporated herein by reference
DIVISION OF GROWTH MANAGEMENT
An update on legal issues was presented by James T. Hendrick, Esq. as distributed via the
document entitled Growth Management Litigation Report dated March 15-16, 2000 from Karen
K. Cabanas, Esq. of the firm Morgan & Hendrick. Mr. Hendrick discussed further the Personal
Watercraft Industry Association litigation.
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TOURIST DEVELOPMENT COUNCIL
Capt. Bill Wicker's, Chairman of the Tourist Development Council made a presentation to
the Board as a follow-up of the joint Tourist Development CouncillBoard of County
Commissioner's meeting held on March 13, 2000 and as in written in the document dated March
14,2000, Re: FY 2001 Budget. It was the unanimous vote of the TDC as follows: *
Adopt the budget concept as outlined below and direct staff to come back to the TDC
with a proposed policy,
· Establish baseline - the annual bed tax revenue from the past fiscal year - $10,356,200
(FY 1999)
· Recommend 30% of the baseline to be allocated for capital proj ects - $3,106,860
· To reach the percentage needed for capital projects for fiscal year 2001, TDC will reduce
promotional spending across the board in advertising, sales, public relations, mail
fulfillment (consumer & trade), and umbrellas funding
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· Capital projects will be funded from the one (1) penny, DAC funds. When DAC
promotional funds are required for use on projects, these funds will be replenished to the
DAC's from the two (2) penny generic
· Capital projects funds not expended and marked to specific projects will be brought to the
next fiscal year within the District
· TDC will project the percentage of the budget that would be for county government cost
allocation to mitigate development of tourism. This cost would include services from
County Administrator; Finance; County Attorney; Information Systems; OMB;
Purchasing. The cost allocation would not include funding for salaries, supplies or other
expenses for capital projects
· TDC will retain 5% of promotional funds in a resource line item. These funds will be
allocated within the promotional accounts, but not allocated to certain identified
marketing placement
· Example: within the advertising budget account, percentage would be in resource line
item, which are funds not allocated to identified media placement
· To help address the negative impacts of traffic, the TDC will reduce funding to event
promotions. The TDC believes this will reduce weekend day traffic. We will in turn
increase marketing efforts into the international markets to develop longer stays
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· For the flexibility required to maintain and respond effectively, certain tourism and
economic indicators will be monitored and any substantial changes will trigger the
appropriate adjustment to plan to ensure a sustainable economy.
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After the presentation, the Board gave the following direction concerning amendments and
additions to the above TDC's recommendation:
1) Diminish support for peak season events.
2) Weaning policy needs to be refined and subsequently adhered to concerning event
funding.
3) Increase recognition of events which attract low impact, high spending, long
stay visitors.
The Board discussed Public Relations efforts.
4) The Board requested that public relations be redirected to national and
international markets to attract low impact, high spending, long stay
visitors.
Mr. Wickers and Harold Wheeler addressed the Board.
5)
Capital projects funds not expended and marked to specific projects will be
brought forward to the next fiscal year within the District for capital projects.
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The TDC is to report to the Board on the establishment of a baseline and the
method of allocation of funding to the DACs to replenish advertising and
promotional funds that have been displaced by the 30% allocation.
6)
An amount for cost allocation will be that amount determined annually by the
County's cost allocation consultant and will be included as part of the annual
budget.
7)
$100,000 will be allocated for the Water Quality Protection Program and water
quality monitoring.
The Board discussed the inclusion of associated maintenance costs for projects funded by
the tourist tax.
The following individuals addressed the Board: Elliot Baron, representing Last Stand;
Robert Schneider, representing the Big Pine Key Civic Association; and Eugene Shinkevich,
representing the Florida Keys Citizens Coalition.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
accept the above recommendations of the Tourist Development Council and the Board's
additions. Roll call vote was unanimous.
- Motion was made by Commissioner Harvey and seconded by Commissioner Reich to
reconsider item D.3 concerning approval of an Amendment to Agreement between Monroe
County and Tinsley Advertising Agency to exercise option to extend agreement for an additional
one (1) year period. Motion carried unanimously. Tourist Development Council Director,
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Harold Wheeler addressed the Board. After discussion, motion was made by Commissioner
Harvey and seconded by Commissioner Reich granting approval of the item. Roll call vote was
unanimous.
COMMISSIONERS' ITEMS
Commissioner Reich discussed her item with the Board concerning adoption of a
Resolution of the BOCC recognizing the need to split the budget of the Monroe County Sheriff
for Fiscal Year 2000-2001 to provide separate millages for the cost of services th~t benefit only
unincorporated Monroe County residents from the cost of services that provide a benefit
Countywide~ authorizing staff to take all steps necessary to create a funding mechanism (MSTU,
MSBU, MSTD) or to utilize existing districts to reflect the millage split; and providing an
effective date. The Board made a special announcement that Sheriff Rick Roth would not be
present at today's meeting due to the fact that his wife, Sandie was undergoing heart surgery in
Miami. After discussion, the following individuals addressed the Board: Colonel William
McDonald~ Bureau Chief, Mike Rice~ General Counsel, Mark Willis; Attorney John Dent,
representing Property Appraiser Ervin Higgs; and Mr. Hendrick. The Board accepted public
input with the following individuals addressing the Board: Fred Nickerson, representing the
Upper Keys Citizens Association; Charles Brooks, Robbie Reckwerdt, representing Robbie
Marine Enterprises; Ron Stone; John E. Ted Carter, Norval Rhodes; Robert Miller, Mayor, City
of Marathon; Bob Reece; Ron Levy, Islamorada official; Jimmy Weekley, Mayor, City of Key
West; Joseph Passarelli, President of F.O.P. #028 Lower Keys Lodge; Charles Cobb, Trustee of
F.O.P. #028 Lower Keys Lodge; Todd Tetterton, President ofF.O.P. #073 Marathon; Larry
Kelley; Virginia Panico, Executive Director of the Key West Chamber of Commerce; Julio Avael,
City Manager, City of Key West; DeWayne Kemp; John Bartus, Mayor Pro Tern, City of
Marathon; Frank Kulisky, representing Islamorada, Village ofIslands; Emil Lockwood,
representing Duck Key Property Owners Association; Barry Patterson; Robert Schneider,
representing the Big Pine Key Civic Association; Eugene Shinkevich; and Charles Baldwin,
representing Islamorada, Village ofIslands. After public input, motion was made by
Commissioner Reich to approve the Resolution. Motion died for lack of a second. Office of
Management & Budget Director, John Carter addressed the Board. Commissioner Williams
requested consideration of an alternative Resolution with a requirement that the Sheriffs Office
implement Full Cost Allocation. After discussion, motion was made by Commissioner Williams
and seconded by Commissioner Reich to adopt the following Resolution recognizing the need to
split the budget of the Monroe County Sheriff for Fiscal Year 2000-2001 to set a separate millage
for Municipal Policing, Separate from the other law enforcement portion of the MCSO Budget;
Authorizing Staff to utilize the existing MSTU Districts to reflect the millage Split; and Providing
an effective date not to be implemented until such time as Interlocal Agreements are in place for
all Municipalities with the exception of Key West. Roll call vote was taken with the following
results:
Commissioner Harvey Yes
Commissioner Neugent Yes
Commissioner Reich Yes
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Commissioner Williams
Mayor Freeman
Yes
No
Motion carried.
RESOLUTION NO. 097-2000
See Resolution Book No. 145 which is incorporated herein by reference
The Staff distributed copies of Volume I of the draft Wastewater Master Plan.
Mayor Bob Miller of the City of Marathon addressed the Board concerning City of
Marathon Boot Key Harbor Resolution. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Reich to give the City of Marathon everything within the
delineated limits of the City of Marathon that the County owns. Motion was withdrawn. Motion
was made by Commissioner Reich that the Board accept the request of the City of Marathon as
outlined in their Resolution and all provisions therein. Motion died for a lack of a second.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to remand
the issue concerning the partnership as requested by the City of Marathon to the County's Boot
Key Harbor Committee to work with the City of Marathon Council and their Boot Key Harbor
Committee. Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Freeman Yes
Motion carried.
Mayor Miller, Growth Management Director Tim McGarry, and Mr. Hendrick addressed
the Board. Motion was made by Commissioner Williams and seconded by Commissioner
Neugent to move forward with the acceptance and review of these as-of-right permit applications
in the City of Marathon with the clear understanding that no permits are to be issued until the
Board and the City of Marathon complete and both pass a negotiated agreement as presented by
the Growth Management Department and to proceed with all due haste and care. Roll call vote
was unammous.
Commissioner Neugent advised the Board that he will agenda an item concerning County
Road C-905 at the next Board meeting in Key Largo.
Mr. Roberts announced to the Board that John Chaffee, Area Supervisor, Monroe County
Roads & Bridges had passed away.
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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
..Jb~c. ~'y1~
,
Isabel C. DeSantis,
Deputy Clerk