12/20/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2001/375
Regular Meeting
Board of County Commissioners
Thursday, December 20, 2001
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., on the above date in the Marathon Government Center. Present and answering to roll
call were Mayor Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner Dixie
Spehar, and Commissioner Nora Williams. Commissioner Murray Nelson was absent. Also
present were Danny L. Kolhage, Clerk; Isabel C DeSantis, Deputy 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Spehar and seconded by Commissioner Williams
granting approval of the additions, corrections and deletions to the Agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Spehar
granting approval of the following items:
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Charles Laffoon, Jr., Permit No. 00-3-603 for property described as
Lot 27 Block 5, Harbor Course Section 1, Ocean Reef Plat #4, Plat Book 7 Page 9, Monroe
County Records. The real estate number is 00573690-002700.
Board adopted the following Resolution approving exemption from the non-residential
permit allocation system pursuant to Policy 101.3.4 of the Monroe County Year 2010
Comprehensive Plan for the Mote Marine Laboratory, Inc. for changing the use of the second
floor of a building from a commercial apartment to a marine laboratory. The property is located
offU.S. Hwy 1 Lot 17 Block 2 Summerland Key Cove Addition No.2, Summerland Key,
Monroe County, Florida. The land use designation is suburban commercial and the real estate
number is 00190900.000000.
RESOLUTION NO. 504-2001
Said Resolution is incorporated herein by reference.
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Board granted approval and authorized execution of County Incentive Grant Program
Agreement, Financial Project No. 410504-1-54-02, between Monroe County and the Florida
Department of Transportation for the Florida Keys Overseas Heritage Trail Safety Project in the
amount of$I,055,950.00 and adopted the following Resolution for same.
RESOLUTION NO. 505-2001
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Compliance Review Board
Interlocal Agreement between Monroe County and the Municipality of Islamorada to establish a
countywide Building Code Compliance Review Board.
Board granted approval of the City of Marathon's request to use pump-out grant funds
(FWC Grant - LE328 for CV A 98-196) to purchase a pump-out vessel for the City of Marathon
Marina, cost to County is up to $16,666.67 BIF dollars.
Board granted approval for the Growth Management Division to solicit a Request for
Qualifications from qualified housing planning firms or individuals to serve as Affordable Housing
Coordinator under a five-member Affordable Housing Oversight Committee.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine Services, Inc. for the removal ofDV3A3571 located off
of Key Largo.
Board granted approval for one Affordable Housing Deed Restriction from Charles E. &
Janice L. Schafstall, Permit Number 01-3-1167, for property described as Lot 1, Block 1,
Tavernier Harbor, Key Largo. The applicants are receiving a dwelling unit allocation award for
the year ending July 13, 2002, have filed the document in accordance with Ordinance No.
47-1999.
Board granted approval for the transfer of two buildable lots from Christian and Erika
Bruhn to Monroe County by Warranty Deed, Permit Number 00-1-4478, for property described
as Lot 6, Block 14, Eden Pines Colony, Big Pine Key, and Lot 3, Block 15, Eden Pines Colony,
Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending
July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from Lawrence G. & Patricia
A. Dalsin to Monroe County by Warranty Deed, Permit Number 00-1-2709, for property
described as Lot 4, Block 46, Sands Subdivision, Big Pine Key. The applicants are receiving a
dwelling unit allocation award for the year ending July 13, 2002, have filed the document in
accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from Orlando Ramos to
Monroe County by Warranty Deed, Permit Number 00-1-3098, for property described as Lot 14,
Block 55, Sands Subdivision, Big Pine Key. The applicant is receiving a dwelling unit allocation
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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 an Amendment to Agreement
between Monroe County and the Legendary Key Largo Chamber of Commerce for a one year
extension for the Spiegel Grove preparation Agreement.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Friends of Mallory Square to extend Agreement until September 30,
2002.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Barley's Bay Festival, Inc. to revise date of event from July 26-27,
2002 to May 10-11, 2002, in an amount not to exceed $25,000, FY 2002, Two Penny Cultural
Umbrella Funding.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution deferring the date for the first annual allocation
award of non-residential floor area until February 1,2002.
RESOLUTION NO. 506-2001
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Mayor McCoy and seconded by Commissioner Williams granting
approval and authorizing execution of an Agreement for Professional Services between Monroe
County and Maximus to conduct a management evaluation study of the Growth Management
Division's development permitting system. Motion carried unanimously.
Commissioner Williams discussed the request by Gary and Lynn Wiseman for the removal
of a Release of the Affordable Housing Deed Restriction (filed by Herman and Eulalir Zaldivar)
for their property on Lot 4, Block 2, Largo Gardens, Key Largo. After discussion, motion was
made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the
request to remove the Release of the Affordable Housing Deed Restriction. Motion carried
unanimously.
TOURIST DEVELOPMENT COUNCIL
James Roberts, County Administrator made a public announcement of a vacant position
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on the Tourist Development Council District IV Advisory Committee for an "at large"
appointment.
Lynda Stuart, Office Manager ofthe Tourist Development Council discussed with the
Board changes to the following items:
Addendum to Agreement between Monroe County and the Key Largo Chamber of
Commerce to allow the Chamber to utilize the service of a reservation service.
Addendum to Agreement between Monroe County and the Marathon Chamber of
Commerce to allow the Chamber to utilize the service of a reservation service.
Addendum to Agreement between Monroe County and the Islamorada Chamber of
Commerce to allow the Chamber to utilize the service of a reservation service.
Addendum to Agreement between Monroe County and the Lower Keys Chamber of
Commerce to allow the Chamber to utilize the service of a reservation service.
Addendum to Agreement between Monroe County and the Greater Key West Chamber of
Commerce to allow the Chamber to utilize the service of a reservation service.
In the first paragraph of each Addendum the last line should read: hereinafter referred to
as the PROVIDER.
The fifth and sixth paragraphs should read:
WHEREAS, it has become necessary to again amend the April 8, 1998 agreement to
allow the PROVIDER to enter into agreements with reservation services should they wish to;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree to hereby amend the agreement entered into on April 8, 2001 (and amended on July
21, 1999, and July 19, 2001) as follows:
After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Williams granting approval and authorizing execution of each of the above
mentioned Addendum to Agreements. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Timothy McGarry, Director of Growth Management reported to the Board on the status
of their work with the Department of Community Affairs on the concurrency issue on Big Pine
Key and the Habitat Conservation Plan (HCP) process.
Commissioner Williams, as the Board's Land Use Liaison, discussed the rule change of the
of the Monroe County Comprehensive Plan being appealed.
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James Hendrick, County Attorney discussed the Growth Management Report prepared by
Karen Cabanas, Esq. of the Law Offices of Morgan & Hendrick, dated December 17, 2001.
COMMISSIONERS' ITEMS
Mayor McCoy discussed his item with the Board to accept new or relevant information
concerning the Key Largo Artificial Reef/Spiegel Grove Project and reporting on findings of
transferring the obligation. The following individuals addressed the Board: Charles Russell,
representing the Key Largo Chamber of Commerce; Nancy Klingener, representing the Ocean
Conservancy; Debra Harrison, representing the World Wildlife Fund; Jerry Wilkinson, Tina
Henize, and Joan Borel. After discussion, motion was made by Commissioner Williams and
seconded by Commissioner Neugent to follow the procedure to obtain funding for the Spiegel
Grove Project per the letter from Harold Wheeler, TDC Director, dated December 5,2001, that
places the item on the next District V Advisory Committee agenda for discussion and action
immediately; and decline Agenda item HI concerning the approval to transfer funds from the
Lower Keys Wastewater Project to the Spiegel Grove Project. Roll call vote was unanimous.
Commissioner Nelson excused himself from the meeting and did not return.
PUBLIC HEARINGS
Mr. Hendrick recused himself from the following Public Hearing as he is a partner with the
applicant, Hugh 1. Morgan. Attorney Larry Erskine, represented Monroe County. The second of
two Public Hearings was held to consider a Future Land Use Map and a Land Use District Map
Amendment proposed by the Monroe County Planning Department for Hugh 1. Morgan. These
Amendments will change the Future Land Use designation from Residential Conservation (RC) to
Residential High (RH) and change the zoning from Native (NA) to Urban Residential/Mobile
Home (URM) for the two properties described as Lots 11 and 12, on Sea Whip Street in Coral
Shores Mobile Home Estates Section 2 in Section 20, T66S, R29E on Little Torch Key, Monroe
County, Florida, at approximately mile marker 28.2. There was no public input. Mr. McGarry
addressed the Board. After discussion, motion was made by Commissioner Williams and
seconded by Commissioner Spehar to adopt the following two Ordinances:
An Ordinance approving the request by Hugh 1. Morgan to amend the Future Land Use
Map from Residential Conservation (RC) to Residential High (RH) for properties described as
Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key, located in Section
20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile marker 98.5.
ORDINANCE NO. 044-2001
Said Ordinance is incorporated herein by reference.
An Ordinance approving the request by Hugh 1. Morgan to amend the Land Use District
(Zoning) Map from Native (NA) to Urban Residential- Mobile Home (URM) for properties
described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key,
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located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile
marker 98.5.
ORDINANCE NO. 045-2001
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
The second of two Public Hearings was held to consider a Future Land Use Map
Amendment proposed by the Monroe County Planning Department for John 1. and 1. Leslie Brier.
This Amendment will change the Future Land Use designation from Residential Medium (RM) to
Residential High (RH) of the properties described as Lots 1,2, 3, 4, 5,6, 7, 8, 9, 10, 11, 12, 13,
14,15,16,17, and 18, Block 27, Sands Subdivision, Big Pine Key, located in Section 25,
Township 66S, Range 29E, at approximately Mile Marker 31. Mr. Hendrick and Mr. McGarry
addressed the Board. There was no public input. After discussion, motion was made by
Commissioner Neugent and seconded by Commissioner Williams to adopt the following
Ordinance approving a request by John 1. and 1. Leslie Brier to amend the Future Land Use Map
from Residential Medium (RM) to Residential High (RH) for the properties described as Lots 1,
2, 3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Block 27, Sands Subdivision, Big Pine
Key, located in Section 25, Township 66S, Range 29E, at approximately Mile Marker 31.
ORDINANCE NO. 046-2001
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
The second of two Public Hearings was held to consider a Future Land Use Map and a
Land Use District Map Amendment, for Key West Brewery, proposed by the Monroe County
Planning Department. These Amendments will change the Future Land Use designation from
Mixed Use/Commercial (MC) to Industrial (I) and change the zoning from Sub Urban
Commercial (SC) to Industrial (I), for the property described as 99 Calle Uno, Part of
Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe
County, Florida with a real estate number of 00122000-000000. The subject property is located
at approximately Mile Marker 9.5. There was no public input. Motion was made by
Commissioner Neugent and seconded by Commissioner Spehar to adopt the following two
Ordinances:
An Ordinance recommending approval of the request by Key West Brewery to amend the
Land Use District (Zoning) Map from Sub Urban Commercial (SC) to Industrial (I) for property
described as 99 Calle Uno, Part of Government Lot 5, Section 21, Township 67 South, Range 26
East, East Rockland Key, at approximately Mile Marker 9.5.
ORDINANCE NO. 047-2001
Said Ordinance is incorporated herein by reference.
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An Ordinance recommending approval of the request by Key West Brewery to amend the
Future Land Use Map from Mixed Use/Commercial (MC) to Industrial (I) for property described
as 99 Calle Uno, Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East
Rockland Key, at approximately Mile Marker 9.5.
ORDINANCE NO. 048-2001
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
The second of two Public Hearings was held to consider a Future Land Use Map and a
Land Use District Map Amendment, for James Dougherty, Jr. to amend the Future Land Use Map
(PLUM) from Residential Conservation (RC) to Residential Medium (RM) and to amend the
Land Use District (Zoning) Map from Native (NA) to Improved Subdivision (IS). There was no
public input. Motion was made by Commissioner Neugent and seconded by Commissioner
Spehar to adopt the following two Ordinances:
An Ordinance approving the request by James Dougherty, Jr. to amend the Future Land
Use Map from Residential Conservation (RC) and Residential Medium (RM) to Residential
Medium (RM) for the upland portions of the properties described as Lots 43,44,45, and 46,
Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E, at
approximately mile marker 98.5.
ORDINANCE NO. 049-2001
Said Ordinance is incorporated herein by reference.
An Ordinance approving the request by James Dougherty, Jf. to amend the Land Use
District (Zoning) Map from Native Area (NA) and Improved Subdivision (IS) to Improved
Subdivision (IS) for the upland portions of properties described as Lots 43,44,45, and 46,
Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E, at
approximately mile marker 98.5.
ORDINANCE NO. 050-2001
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
The second of two Public Hearings was held to consider a Future Land Use Map and a
Land Use District Map Amendment proposed by the Monroe County Planning Department.
These Amendments will change the Future Land Use designation from Recreation (R) to
Residential Medium (RM) and change the zoning from Park and Refuge (PR) to Improved
Subdivision (IS) for the property described as part of Tract A, Harbor Course Section 4, Ocean
Reef Plat No.3, Key Largo, located in Section 13, Township 59 South, Range 40 East, located
within the Ocean Reef Club at the northern terminus of County Highway 905, having the real
estate identification number 00573670-005903. There was no public input. Motion was made by
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Commissioner Neugent and seconded by Commissioner Williams to adopted the following two
Ordinances:
An Ordinance approving the request by Leonard Lovallo to amend the Future Land Use
Map from Recreation (R) to Residential Medium (RM) for property described as part of Tract A,
Harbor Course Section 4, Ocean Reef Plat No. 13, Key Largo, located in Section 13, Township
59 South, Range 40 East, located within the Ocean Reef Club at the northern terminus of County
Highway 905.
ORDINANCE NO. 051-2001
Said Ordinance is incorporated herein by reference.
An Ordinance approving the request by Leonard Lovallo to amend the Land Use District
(Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS) for property described as
part of Tract A, Harbor Course Section 4, Ocean Reef Plat 13, Key Largo, located in Section 13,
Township 59 South, Range 40 East, located within the Ocean Reef Club at the northern terminus
of County Highway 905.
ORDINANCE NO. 052-2001
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
The second of two Public Hearings was held to amend the Monroe County Year 2010
Comprehensive Plan by amending Policy 101.3.4 which exempts Public Facilities from the
requirements of the Permit Allocation System. There was no public input. Motion was made by
Commissioner Williams and seconded by Commissioner Neugent to adopt the following
Ordinance approving a request of the Monroe County Planning Department to amend the Monroe
County Year 2010 Comprehensive Plan by amending Policy 101.3.4. which exempts public
facilities from the requirements of the Permit Allocation System.
ORDINANCE NO. 053-2001
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
A second of two Public Hearings was held to amend to Monroe County Year 2010
Comprehensive Plan by adding a Cultural Resources Element consisting of a new Goal 1501 and
subsequent Objectives and Policies. There was no public input. Motion was made by
Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance
to amend the Monroe County Year 2010 Comprehensive Plan to include Cultural Resources
Element.
ORDINANCE NO. 054-2001
Said Ordinance is incorporated herein by reference.
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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
~aLJ)C-Af.f~
Isabel C DeSantis, eputy Clerk