04/20/2000 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2000/124
Regular Meeting
Board of County Commissioners
Thursday, April 20, 2000
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., on the above date at the Harvey Government Center at Historic Truman School.
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
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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 Harvey and seconded by Commissioner Neugent
granting approval of the following items by unanimous consent:
Board granted approval and authorized execution of the Grant Agreement No. 99144
between Monroe County and the Florida Fish and Wildlife Conservation Commission for the
removal and legal disposal of derelict vessels located in the near shore waters of the Florida Keys.
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Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the emergency removal ofDV03A3166 located off of Marathon and
granted approval and authorized execution of a Contract Agreement between Monroe County and
Blue Water Marine, Inc. for same.
RESOLUTION NO. 163-2000
See Res. Book No. 146, which is incorporated herein by reference.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the construction ofa boat ramp at 11th Street, Key West, Monroe County
and granted approval and authorized execution of an Interlocal Agreement between Monroe
County and the City of Key West for same.
RESOLUTION NO. 164-2000
See Res. Book No. 146, which is incorporated herein by reference.
Board granted approval for the transfer of three buildable lots from Gordon L. & Karen
M. Sharp and Warren Werling, Permit Numbers 99-1-2322 and 99-1-2345, to Monroe County by
Warranty Deeds. The applicants receiving dwelling unit allocation awards for the year ending
July 13, 2000, have filed the documents in accordance with Ordinance No. 16-1992.
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Board granted approval for the transfer of three buildable lots from James & Mary Nealis,
Permit Number 98-2-0984, to Monroe County by Warranty Deeds. The applicants receiving a
dwelling unit allocation award for the year ending July 13,2000, have filed the documents in
accordance with Ordinance No. 16-1992.
Board granted approval for the transfer of three buildable lots from Robert Pierce and
Duke H. Pontin, Permit Numbers 99-1-1894 and 99-1-2273, to Monroe County by Warranty
Deeds. The applicants receiving a dwelling unit allocation awards for the year ending July 13,
2000, have filed the documents in accordance with Ordinance No. 16-1992.
Board granted approval for the transfer of two buildable parcels from Tom & Carol
Burgess, Permit Number 99-1-3059, to Monroe County by Warranty Deeds. The applicants
receiving a dwelling unit allocation award for the year ending July 13, 2000, have filed the
documents in accordance with Ordinance No. 16-1992.
Board granted approval for the transfer of three buildable lots from Jose & Conchita Vidal
for Shirley Herris, Permit Number 99-3-2023, to Monroe County by Warranty Deeds. The
applicant receiving a dwelling unit allocation award for the year ending July 13, 2000, has filed the
document in accordance with Ordinance No. 16-1992.
Board granted approval for one Affordable Housing Deed Restriction from Tammy
Smithson, Permit Number 99-1-3220. The applicant receiving a dwelling unit allocation award
- for the year ending July 13, 2000, has filed the document in accordance with Ordinance No.
16-1992.
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Board granted approval for the transfer of two buildable parcels from Tom & Carol
Burgess for Robert Fay, Permit Number 99-1-3061, to Monroe County by Warranty Deeds. The
applicant receiving a dwelling unit allocation award for the year ending July 13,2000, has filed the
document in accordance with Ordinance No. 16-1992.
Board granted approval for one Restrictive Covenant from Giles A Light, Permit Number
97-01-1905, to have one dwelling unit on contiguous lots described as Lots 10 & 11, Mates
Beach #2, Little Torch Key. The applicant receiving one dwelling unit allocation award for the
year ending July 13, 2000, has filed the document in accordance with Ordinance No. 16-1992.
Board adopted the following Resolution authorizing adjustment of permit fees when a
professional engineer conducts inspections.
RESOLUTION NO. 165-2000
See Res. Book No. 146, which is incorporated herein by reference.
Board granted approval and authorized execution of a Contract No. 99071 between
Monroe County and the Florida Fish and Wildlife Conservation Commission to complete a
Boater's Guide for the Middle and Lower Keys.
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Board granted approval of attaching "Exhibit A" (scope of work) to the Joint
Participation Agreement between Monroe County, the Florida Department of Community Affairs
(DCA) and the Florida Department of Transportation (DOT), which was inadvertently left out of
the original JP A
Board granted approval for the transfer of six buildable lots from Robert Walma, Permit
Number 99-1-2598, to Monroe County by Warranty Deeds. The applicant receiving a dwelling
unit allocation award for the year ending July 13, 2000, has filed the documents in accordance
with Ordinance No. 16-1992.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Arnold's Towing for the removal of derelict vessels Zone I - Lower
Keys.
Board granted approval to submit a Grant Application to the South Florida Community
Urban Resources Partnership Program for the restoration of Settler's Park Hammock.
COUNTY ADMINISTRATOR
Board adopted the following Resolution on delaying Congressional action on Internet Tax
Moratorium.
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RESOLUTION NO. 166-2000
See Resolution Book No. 146 which is incorporated herein by reference
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Board granted approval to rescind a Turn Key Funding Agreement between Monroe
County and Exclusive Sports Marketing covering Publix Family Fitness Weekend on September
16-17,2000 in an amount not to exceed $6,000, FY 2000, Third Penny, DAC V allocation, as
event has been canceled.
Board granted approval and authorized execution of a Turn Key Funding Agreement
between Monroe County and the Cuban American Heritage Festival, Inc. to produce the Cuban
American Heritage Festival on November 1-5, 2000 in an amount not to exceed $55,000, FY
2000, DAC I, Third Penny.
Board granted approval and authorized execution of an Agreement between Monroe
County and Keys Communication Group, Inc., to produce the 9th Annual Key West Theatre
Festival covering a period from October 5-15,2000 in an amount not to exceed $55,000, DAC I,
FY 2000, Third Penny.
Board granted approval and authorized execution of a Destination Funding Agreement
between Monroe County and Holiday Isle Resort & Marina to produce Islamorada Offshore
challenge on October 21,2000 in an amount not to exceed $5,000, DAC IV, FY 2000, Third
Penny.
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Board granted approval and authorized execution of an Agreement between Monroe
County and Prange & O'Hearn's Insights, Inc. to provide Visitor Information Survey Reports in
an amount not to exceed $57,350.00 per year.
Board granted approval and authorized execution of an Agreement between Monroe
County and The Market Share Company, Inc. to provide mail fulfillment services to promote and
advertise the Florida Keys resulting from the data collected by the five (5) Chambers of
Commerce.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
County Administrator James Roberts and Growth Management Director Tim McGarry
addressed the Board. After discussion, motion was made by Commissioner Reich and seconded
by Commissioner Neugent granting approval of the following:
Re-appointment of Charles Miller to a term ending on October 31, 2002 for the
Contractors' Examining Board.
Re-appointment of Phil Childs, Professional Engineer to a term ending on April 17, 2002
for the Construction Board of Adjustment and Appeals.
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Re-appointment of Bob Hilson to a term ending on April 17, 2002 for the Construction
Board of Adjustment and Appeals as a second alternate.
Re-appointment of Michael Bier, Architect, to a term ending on April 17, 2002 for the
Construction Board of Adjustment and Appeals.
Motion carried unanimously.
Mr. McGarry discussed with the Board adoption of a Resolution approving an exemption
from the nonresidential permit allocation system pursuant to Policy 101.3.4 of the Year 2010
Comprehensive Plan for Club Duck Key, Inc. to construct a recreational facility to consist of one
5,208 square foot recreational building, two tennis courts, and one swimming pool on property
described as Lots 1 through 4 and Lots 7 through 10, Block 15, Center Island, Duck Key,
Monroe County, Florida, approximately mile marker 61. The real estate numbers are
00382080-000000,00382090-000000,00382100-000000,00382110-000000,
00382140-000000,00382150-000000,00382160-000000,00382170-000000. AttorneyJohn
Wolf addressed the Board. After discussion, motion was made by Commissioner Reich and
seconded by Commissioner Neugent to adopt the following Resolution.
RESOLUTION NO. 167-2000
See Res. Book No. 146, which is incorporated herein by reference.
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Motion carried unanimously.
Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and
seconded by Commissioner Neugent granting approval of additional funding for University of
Miami tourism survey researcher. 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.
COUNTY ADMINISTRATOR
Mr. Roberts updated the Board on the purchase of Mariners Hospital.
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DMSION OF GROWTH MANAGEMENT
Mr. McGarry discussed with the Board a memorandum from Code Enforcement Director
Tom Simmons, dated April 17, 2000, regarding code violations at Ocean Reef. Mr. McGarry
also discussed a copy of a letter which he received that was written to City of Key West Mayor,
Jimmy Weekly from Secretary Steven M. Seibert of the Florida Department of Community
Affairs, dated April 14, 2000, concerning housing allocation. Mr. McGarry informed the Board
that the County was moving forward with changes to the Vacation Rental Ordinance and Flood
Plain regulations.
MISCELLANEOUS BULK APPROVALS
The Board discussed Agenda item C-11 continued from yesterday's meeting (04-19-00)
concerning the approval to advertise for a Request for Qualifications for the Master Plan &
Design for Higgs Beach Park. After discussion, motion was made by Commissioner Williams
and seconded by Commissioner Reich to remand the item to the Parks & Recreation Board.
Motion carried unanimously.
DMSION OF GROWTH MANAGEMENT
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An update on legal issues as written in the memorandum dated April 19-20, 2000 by
Karen K. Cabanas, Esq. of the firm Morgan & Hendrick was presented.
TOURIST DEVELOPMENT COUNCIL
Mayor Freeman discussed her item with the Board concerning approval to advertise an
Ordinance amending Section 2-299(F), Monroe County Code, in order to revise the appointment
criteria and terms of the District Advisory Committees (DACs) of the Tourist Development
Council to five members for each DAC appointed by the Board of County Commissioners.
The following individuals addressed the Board: Judy Vetrick, representing the Islamorada
Chamber of Commerce; Carol A Fisher and Louis Matthews, representing the Lower Keys
Chamber of Commerce; Nelson Read, John Dolan-Heitlinger, representing the Key West
Chamber of Commerce; Murray E. Nelson, Michael P. Proimos, representing the Key West
Hotel/Motel Association; George Halloran, representing Last Stand; Eugene Shinkevich,
representing the Florida Keys Citizen's Coalition; Ray Kitchener, representing the Tourism &
Economic Committee of the new City of Marathon; Cindy Cameron, Richie Moretti, Ed Swift,
Rick Berard, Elliot Baron, Robert Schneider, representing the Big Pine Key Civic Association;
Christina Sharpe, and Melissa Kendrick. The Clerk read into the official record a letter from
Wanda G. Brock, President of the Islands of Marathon Tourism Association. After discussion,
- motion was made by Commissioner Reich and seconded by Commissioner to not approve the
Ordinance. After consideration, Mayor Freeman withdrew the item.
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Commissioner Williams discussed her item with the Board concerning District Advisory
Committee I (DAC) response to Public Works' request for funding for Higgs Beach Project.
Public Works Director Dent Pierce addressed the Board. After discussion, motion was made by
Williams and seconded by Commissioner Reich requesting the TDC Staff to set up a calendar of
events for the Board showing when visioning sessions can be completed with both the County's
Growth Management Staff and the Planning Staff of impacted municipalities so that a community
vision may be made for capital projects. Captain Bill Wickers, Chairman of the TDC addressed
the Board. Roll call vote was unanimous.
Motion was made by Commissioner Neugent and seconded by Commissioner Williams
granting approval and authorizing execution of an Addendum to Agreement between Monroe
County and the Florida Keys Federation of Chambers to exercise option to extend agreement for
an additional two (2) year period commencing October 1, 2000 and terminating September 30,
2002. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
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Motion was made by Commissioner Neugent and seconded by Commissioner Harvey to
reconsider Agenda item C-11 concerning the approval to advertise for a Request for
Qualifications for the Master Plan & Design for Higgs Beach Park. Motion carried unanimously
James T. Hendrick addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Harvey granting approval of the item as originally proposed to wit:
the approval to advertise for a Request for Qualifications for the Master Plan & Design for Higgs
Beach Park. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner Williams discussed with the Board her Agenda item M-11 from yesterday's
meeting (04-19-00) concerning approval to advertise an Ordinance repealing Section 13-42,
Monroe County Code, concerning noise disturbances. Mr. Hendrick addressed the Board.
Motion was made by Commissioner Williams and seconded by Commissioner Harvey granting
approval of the advertisement. Mr. Roberts addressed the Board. Roll call vote was unanimous.
COUNTY ATTORNEY
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Mr. Hendrick discussed with the Board Agenda item P-6 from yesterday's meeting
(04-19-00) concerning approval to advertise an Ordinance amending Sections of Chapter 8,
Monroe County Code, in order to amend the definition of construction waste; provide for fees,
charges and criteria for a new specialty hauler category for construction and demolition debris
removal; provide that a licensed collector of construction/demolition debris must be contracted by
the applicant for a building permit. Motion was made by Commissioner Neugent and seconded by
Commissioner Williams granting approval of the advertisement. Roll call vote was unanimous.
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DMSION OF GROWTH MANAGEMENT
Marine Resources Director George Garrett and representatives of CH2MHill made a
presentation of the Draft Sanitary Wastewater Master Plan. Eugene Shinkevich addressed the
Board. The Board took no official action.
MISCELLANEOUS
The Board discussed restructuring ofthe County. The Board agreed they would provide
their recommendations to the County Administrator.
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
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.Jb o..LJ C!.. [1; y~
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Isabel C. DeSantis,
Deputy Clerk
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