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11/21/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 20011351 Regular Meeting Board of County Commissioners Wednesday, November 21,2001 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date in the Key Largo Library. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, and Commissioner Dixie Spehar. Commissioner George Neugent and Commissioner Nora Williams were absent. Also present were Danny L. Kolhage, Clerk; James L. Roberts, County Administrator; James T. Hendrick, County Attorney; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval of the following items: Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Leonard and Carol Lewis for property described as Lot 55 Block 8 and a Part of Tract B, Harbor Course South Section 4, Ocean Reef Plat 19, PB 7 Pg 54, Permit Number 00-3-1627. The real estate number is 00573720-005500. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and David Thompson for property described as Lots 5 & 6 Block 3 Unrecorded Plat of Ocean, Permit Number 99-3-1922. The real estate number is 00085440-000201 & 00085440-000202. Board granted approval and authorized execution of an Amendment to the Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick for Land Use-Growth Management representation to Monroe County for Fiscal Year 2000-2001 to increase the yearly cap by $8,500.00. Board granted approval and authorized execution of the Post Disaster Recovery & Redevelopment Plan Agreement for Professional Services between Monroe County and Analytica for the unincorporated areas of Monroe County. Board granted approval and authorized execution of the State of Florida Department of Transportation County Incentive Grant Program Agreement, Financial Project Number: 11/21/2001 2001/352 410504-1-54-01, between Monroe County and the Department of Transportation and adopted the following Resolution authorizing approval of same. RESOLUTION NO. 470-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution amending Resolution 364-1992 and any other previous fee schedules inconsistent herewith, and amending the Planning Department Fee Schedule to include fees for the review of Non-residential Rate of Growth Ordinance (NROGO) applications, pursuant to Section 9.5-124.5(B) of the Monroe County Code. RESOLUTION NO. 471-2001 Said Resolution is incorporated herein by reference. Board granted approval for the transfer of two buildable lots from Key Largo Leisure Enterprises, Inc. to Monroe County by Warranty Deed, Permit Number 01-3-0260, described as Lots 8 & 9, Block 4, Ramrod Shores, Ramrod Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13,2002, has filed the document in accordance with Ordinance No. 47-1999. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Funding Agreement between Monroe County and Cuban American Heritage Festival, Inc. covering the Cuban American Heritage Fishing Tournament on June 14-16,2002 in an amount not to exceed $5,000, FY 2002, Two Penny Fishing Umbrella Funding. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Sunny Keys Fishing Tournaments, Inc. covering the Key Largo Pilot House Marina Fishing Tournament on April 26-28, 2002 in an amount not to exceed $2,500, FY 2002, Two Penny Fishing Umbrella Funding. Board granted approval and authorized execution of the Cultural Umbrella Agreement between Monroe County and Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts to act as a county wide Cultural Umbrella to make recommendations to the Monroe County Tourist Development Council concerning funding for Tourism related Cultural activities. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Keys Communication Group Inc. d/b/a Key West Theatre Festival, Inc. for the production of the 11 th Annual Key West Theatre Festival on June 20, 2002 - June 30, 2002 in an amount not to exceed $24,047, DAC I, FY 2002, Third Penny, Event Resources. 11/21/2001 2001/353 Board granted approval and authorized execution of a Funding Agreement between Monroe County and Barley's Bay Festival, Inc. on July 26-27,2002 in an amount not to exceed $25,000, FY 2002, Two Penny Cultural Umbrella Funding. Board granted approval to rescind the Grant of Funds Agreement between Monroe County and Marathon Economic Development Council for the Boot Key Harbor and Marina Lagoon Boardwalk Project. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and the City of Marathon to allow for a change in scope of services, funding and contractual wording. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution assigning to affordable housing all 39 annual ROGO allocations restored by the Florida Administration Commission under Rule 28-20.100. RESOLUTION NO. 472-2001 Said Resolution is incorporated herein by reference. Motion carried unanimously. Growth Management Director Tim McGarry discussed with the Board the Big Pine Key Habitat Conservation Plan and a possible agreement with the Department of Community Affairs concerning traffic improvements on Big Pine Key. Jill Patterson addressed the Board concerning Growth Management and funding for the Chesapeake Bay study group activities. County Attorney James T. Hendrick referred the Board to the written Growth Management Litigation Report from Attorney Karen K. Cabanas, dated November 14-15,2001. Mr. Hendrick also discussed the decision in the case of Monroe County v. Post Buckley which was favorable to Monroe County. Mr. Hendrick advised the Board that he had received a letter from attorneys Greenman & Manz concerning ROGO applications that were in the pipeline. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson directing that the administrative interpretations of Section 9.5-122.3 will be applied prospectively and will not apply to ROGO applications in the pipeline. Motion carried unanimously. Mr. McGarry discussed with the Board Sunset Point Homeowner's Association interest in leasing Sunset Point Park and Bay Drive beach access from the County. The following individuals addressed the Board: Alice Allen, Lucy Given, David Asdourian, and Tom Moore. The matter was referred to Commissioner Nelson for him to report back to the Board concerning a possible solution. 11/21/2001 2001/354 Kieran Mahoney addressed the Board. Mr. McGarry discussed with the Board the Citizen Code Committee continuing involvement in the process to make comprehensive revisions to the County's Land Development Regulations. Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to reopen the Agenda for the purpose of adding additional items. Motion carried unanimously. Motion was made by Commissioner Nelson and Seconded by Commissioner Spehar to add items G.l through G.4 to the Agenda and approve items G.2, G.3, and G.4 as follows: Approval of Commissioner Neugent's appointment of Gordon West to the Citizens Code Committee. Adoption of the following Resolution certifying that the Habitat for Humanity ofthe Upper Keys, Inc., program operating in the County of Monroe is consistent with the Comprehensive Plan and the Land Development Regulations for the County, enabling Habitat for Humanity of the Upper Keys, Inc., to participate in the State of Florida's Community Improvement Act of 1980; Providing an effective date. RESOLUTION NO. 473-2001 See Resolution is incorporated herein by reference. Adoption of the following Resolution certifying that the Habitat for Humanity of the Middle Keys, Inc., program operating in the County of Monroe is consistent with the Comprehensive Plan and the Land Development Regulations for the County, enabling Habitat for Humanity of the Middle Keys, Inc., to participate in the State of Florida's Community Improvement Act of 1980; Providing an effective date. RESOLUTION NO. 474-2001 See Resolution is incorporated herein by reference. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to add item G.5 to the Agenda. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval and authorizing execution of a Tri-Party Agreement between the City of Marathon, Florida, the State Department of Community Affairs, and Monroe County, Florida, concerning a portion of the 88 temporary exempt from ROGO permits. Motion carried unanimously. COUNTY ADMINISTRATOR Mr. Roberts addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to accept the report from the Florida Commission for the Transportation Disadvantaged analyzing Monroe County's Social Service Transportation System. Motion carried unanimously. 11/21/2001 2001/355 PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Chapter 15.5, Monroe County Code to provide for the creation of a decentralized wastewater management utility for the replacement of on-site wastewater treatment and disposal systems in Cesspool Identification and Elimination Areas. ("Cold Spots"). Mr. McGarry addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Spehar to table the item. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Commissioner Nelson discussed the request for additional funding for preparation and sinking of the Spiegal Grove. The following individuals addressed the Board: Charles Russell, representing the Key Largo Chamber of Commerce; Stephen Frink, Rob Blesser, Spencer Slate, Dave Whitney, Kevin Senecal, and Todd Firm. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson to adopt the following Resolution to provide additional funding and support to complete the Spiegel Grove Artificial Reef Project. Motion carried unanimously. RESOLUTION NO. 475-2001 See Resolution is incorporated herein by reference. COMMISSIONERS'ITEMS Commissioner Nelson discussed his item with the Board concerning the Cuda Lane fence installed by Key Largo Ocean Resorts. Mr. Hendrick addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to table the item to the next Marathon meeting. Motion carried unanimously. 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 ..Qa.l.R.C.~~ Isabel C. DeSantis, eputy Clerk