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05/18/2000 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2000/155 Regular Meeting Board of County Commissioners Thursday, May 18, 2000 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Key Largo Library. Present were Commissioner Wilhelmina Harvey, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams, and Mayor Shirley Freeman. Also present were 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 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. PRESENTATION OF AWARDS A Proclamation was made honoring Dr. Nancy Foster for her contributions to the Ocean Community Worldwide. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Harvey to approve the following items by unanimous consent: 05/18/2000 2000/156 Board granted approval for the transfer of two buildable lots from Douglas & Lynn Bell and Daniel & Aileen Galvan, Permit Numbers 99-1-2569 and 99-1-2472, 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. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to the Old Tavernier School, also known as the Health Department, and the surrounding parcel ofland, described as block 3, lot 17, Tavernier Subdivision, Key Largo, in plat book I, page 105 -- JI-142 G6 OR881017/18, real estate number 00479000-000000. RESOLUTION NO. 201-2000 See Res. Book No. 145, which is incorporated herein by reference. Board granted approval and authorized execution of Amendment No. 2 to Memorandum of Understanding No. DOH 01-1999 (Homeowners Wastewater System Assistance Program) between Monroe County and the Monroe County Health Department to reflect the addition of $100,000 in grant funds from the Department of Community Affairs; clarity ownership of nutrient credits; and, formalize the requirement for prior written consent of the Florida Department of Environmental Protection concerning changes in subsidy guidelines. The DEP Agreement SP527 is the governing document for the grant assistance program. Board granted approval and authorized execution of a Contract between Monroe County and the Florida Department of Community Affairs to fund the County's cesspool replacement grant assistance program. Board granted approval and authorized execution of a Contract revision and extension for Contract 99-DR-I Q-II-54-00 1 between Monroe County and the Florida Department of Community Affairs which provides funds for the County's cesspool replacement grant program. Approval to provide 10% administrative allowance ($10,000) to FDOH from Fund 304 for administrative costs associated with the cesspool grant program. Board granted approval and authorized execution of a Contract between Broward, Palm Beach, Dade and Monroe Counties and the National Oceanographic and Atmospheric Administration to complete a socioeconomic study of the reef resources of Southeast Florida and the Florida Keys. Board granted approval and authorized execution of a Contract extension for Contract C-8789 between Monroe County and the South Florida Water Management District for the completion of the Sanitary Wastewater Master Plan. The project and final Sanitary Wastewater Master Plan will be complete in June of2000. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 202-2000 See Res. Book No. 145, which is incorporated herein by reference. 05/18/2000 2000/157 Board granted approval and authorized execution of an Interlocal for Grant of Funds Agreement between Monroe County and Islamorada Village of Islands for the Library Beach Project in an amount not to exceed $22,500, DAC IV, FY 2000, Third Penny, Capital Project Resources. Board granted approval and authorized execution of an Interlocal for Grants of Funds Agreement between Monroe County and Islamorada Village ofIslands for the Anne's Beach Project in an amount not to exceed $124,500, DAC IV, FY 2000, Third Penny, Capital Project Resources. Board granted approval and authorized execution of an Funding Agreement between Monroe County and Mel Fisher Maritime Heritage Society, Inc. covering the production of Myths and Dreams: The Cultural Legacy of Florida and the Caribbean on June 1,2000 through January 21,2001 in an amount not to exceed $25,000, FY 2000, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of an Granting of Funds Agreement between Monroe County and Mel Fisher Maritime Heritage Society Inc., for the 200 Greene Street - acquisition, repair and improvement, Phase 1 project in an amount not to exceed $65,000, DAC I, FY 2000, Third Penny. Board granted approval to advertise Request for Bids for web site provider Scope of Services. Board adopted the following Resolution adopting the Sanitary Wastewater Master Plan and requesting that staff return at the June 2000 Board meeting with a list of Wastewater Service Districts to be adopted by the Board and the Florida Keys Aqueduct Authority. RESOLUTION NO. 203-2000 See Res. Book No. 145, which is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Neugent to not approve the Resolution authorizing certain code enforcement inspectors to issue citations for violations of the Monroe County Code for disposition in County Court. Growth Management Director Tim McGarry and County Administrator James Roberts addressed the Board. After discussion, the second to the motion withdrew. Motion was then made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was taken with the following results: 05/18/2000 2000/158 Commissioner Harvey Commissioner Neugent Commissioner Reich Commissioner Williams Mayor Freeman No Yes No Yes Yes RESOLUTION NO. 204-2000 See Res. Book No. 145, which is incorporated herein by reference. Motion carried. PRESENTA TION OF A WARDS Commissioner Neugent presented Spencer Slate with a First Responder Award. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval and authorizing execution of an Amendment to Agreement between Monroe County and The Legendary Key Largo Chamber of Commerce to state that obligations for the Spiegel Grove Artificial Reef Preparation and Transport Agreement must be completed by December 31, 2001. Roll call vote was unanimous. Monroe County Tourist Development Council Office Manager, Lynda Stuart addressed the Board concerning approval of 'at large' appointment to the Tourist Development Council District IV Advisory Committee. The Board directed the Tourist Development Council to send an appropriate notice the moment there is a vacancy to the County Administrator for forwarding to the Board for their consideration of nominations along with the applications submitted to TDC, in addition to the required legal advertising notices. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Neugent directing the Tourist Development Council to change the definition of 'At Large' appointments on the application form to read as follows: AT LARGE - Persons who are involved directly in a lodging business will not be considered for these positions. Motion carried unanimously. Motion was made by Mayor Freeman and seconded by Commissioner Reich approving the appointment of David Cohn to replace Elizabeth Stanley. Motion carried unanimously. 05/18/2000 2000/159 DIVISION OF GROWTH MANAGEMENT Commissioner Williams informed the Board that all of the tasks for the Year 2003 were close to completion and ready to be presented to the Governor and Cabinet in July. Mr. Hendrick discussed his written report dated May 17-18,2000, from Karen K. Cabanas, Esq. of his firm. Mr. Hendrick updated the Board on status of the Personal Watercraft Industry litigation. Bill Causey, representing the Florida Keys National Marine Sanctuary addressed the Board. COUNTY ADMINISTRATOR Mr. Roberts and Mark Rosch, Executive Director of the Monroe County Land Authority updated the Board on the purchase of Mariner's Hospital. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval and authorizing execution of an Amendment to Agreement for Sale and Purchase between Monroe County and the Keys Hospital Foundation, Inc. Motion carried unanimously. The Board discussed a response from the Village of Islamorada concerning the above purchase. Motion was made by Commissioner Williams and seconded by Commissioner Reich directing the County Attorney, County Administrator, and Land Authority Director to pursue an Interlocal Agreement between Monroe County, the Village ofIslamorada, and the Florida Department of Community Affairs in an attempt to resolve the issue of the Village's Future Land Use Map Designation. The Board selected Commissioner Williams to schedule a presentation with as many BOCC members as possible with the Village of Islamorada Council to present the County's position. The Mayor called a Special Meeting to be held on June 28,2000 at 5:00 P.M. in Key Largo to consider the contract negotiations with the Ogden Water Systems. Commissioner Harvey excused herself from the meeting. PUBLIC HEARING A Public Hearing was held concerning adoption of an Ordinance adopting amendments to Section 9.5-120.4(b) of the Monroe County Code relating to the TRE (Transfer ofROGO Exemptions) Program for off-site redevelopment. Growth Management Director Tim McGarry addressed the Board. There was no Public input. Motion was made by Commissioner Williams and seconded by Mayor Freeman to adopt the following Ordinance. Roll call vote was unanimous, with Commissioner Harvey not present. ORDINANCE NO. 034-2000 See Ordinance Book No. 54 incorporated herein by reference 05/18/2000 2000/160 DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval and authorizing execution of a Tri-Party Agreement between Monroe County, the City of Marathon, State of Florida Department of Community Affairs concerning Rate of Growth allocations. Roll call vote was unanimous, with Commissioner Harvey not present. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution, as amended, to allow the Florida Department of Environmental Protection to Design, Build, and Maintain the proposed Florida Keys Overseas Heritage Trail. Said amendment as follows: Page 2 of3, Section 4. - Replace the words "remain a" with the words "be the" in the second sentence of the section. Add an additional point as follows: The funds which would have been designated for the widening of County Road 905 be redirected back to Monroe County for the Overseas Heritage Trail. Roll call vote was unanimous, with Commissioner Harvey not present. RESOLUTION NO. 205-2000 See Res. Book No. 145, which is incorporated herein by reference. COMMISSIONERS' ITEMS Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval and authorizing execution ofa Memorandum of Understanding, as amended between Monroe County and the U.S. Environmental Protection Agency. Said amendment as follows: Page 2 Actions 2. Delete the words "a minimum of' in the first sentence. Replace the words "This action shall be completed by June 15, 2000" in the second sentence with the words ", upon delivery of an FlU/SERC quarterly report including water quality data from FY 2000 quarterly sampling". Roll call vote was unanimous, with Commissioner Harvey not present. Commissioner Harvey returned to the meeting. SOUNDING BOARD 05/18/2000 2000/161 A Presentation was made by Charles Brooks on governmental procedures and how those procedures are interpreted by the general citizen population. Robert Thrasher addressed the Board. The Board took no official action. DIVISION OF GROWTH MANAGEMENT Mayor Freeman announced that Ogden Water Systems would be conducting a Sniff Tour for forty (40) Key Largo residents, staff and Commissioners to travel to Englewood and Sanibel Island on Friday, June 9 and Saturday, June 10,2000. Marine Resources Director, George Garrett made a presentation to the Board concerning the consideration of multiple sites for the placement of a wastewater treatment plant in Key Largo. Mr. Garrett discussed the document entitled Assessment of Multiple Potential Sitesfor a Wastewater Treatment Plant in Key Largo. Mr. Rosch discussed the Acquisition and Restoration Council (ARC) Staff Meeting. The Board accepted public input with the following individuals addressing the Board: Van Cadenhead, Joe Harris, representing Kona Kai, Veronica Harris, Steve Moshy, representing Bally Hoos Restaurant; Joseph X. DiNovo, Executive Director of Last Stand; Brian O'Neil, John Stone, Ruth Stoky, representing Senor Frijoles/Sundowners; Pamela Pierce, Michael Chenoweth, representing Friends of the Everglades, Joel Carmel, representing the Upper Keys Citizens' Association; Adam Koslofsky, Michael Hopman, Doris Kendall, Jerry Wilkinson, Linda Adams, Kim Anaston, representing Center for Marine Conservation; Georgia Wright, Priscilla Stone, Shawn Steller, and Rebecca Jetton, representing the Department of Community Affairs. Representatives of the Florida Keys Aqueduct Authority answered questions from the public speakers. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner Neugent to pursue the process until the May 22,2000 meeting of the Department of Environmental Protection Acquisition and Restoration Council (ARC) Staff Meeting to consider the proposed use of state property known as Port Bougainville which is part of the North Key Largo Hammocks CARL project for use as a site to construct a wastewater, treatment, and disposal facility. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Neugent No Commissioner Reich Yes Commissioner Williams No Mayor Freeman No Motion failed. Motion was made by Commissioner Harvey and seconded by Commissioner Neugent selecting Site No.2, Schoninger Properties et. al. MM 100.5. Roll call vote was taken with the following results: 05/18/2000 2000/162 Commissioner Harvey Commissioner Neugent Commissioner Reich Commissioner Williams Mayor Freeman Yes Yes No Yes Yes Motion carried. The Board discussed ongoing contract negotiations, including rate structure policy and financing programs, between the Florida Keys Aqueduct Authority (FKAA) and Ogden Water Systems to construct and operate the Key Largo Wastewater project. Roger Braun, Executive Director of the FKAA addressed the Board and introduced representatives of the negotiating team: General Counsel Bob Feldman; Negotiating Attorneys, Allen Cummings and Brad Copenhaver; Jim Reynolds, Deputy Director - Director of Engineers; Assistant Director of Finance, Kerry Shelby; Robert Ori of Public Resources and Management Group; Richard T. Wagner, President of Southeastern Investment & Securities; Ray Schimokubo of Boyle Engineers, and Dick Smith, representing the Florida Department Environmental Protection. Bill Kruczynski, from the U.S. Environmental Protection Agency addressed the Board. After discussion, the Board accepted public input with the following individuals addressing the Board: Rob HafT, Georgia Wright, James Lupino, representing the Key Largo Chamber of Commerce; Ruth Stoky, representing Senor Frijoles/Sundowners; John Stone, Lee Rohe, Van Cadenhead, Craig Mowrey, Bette Brown-Hereth, Michael Chenoweth, representing the Friends of the Everglades; Pamela Pierce, Ed McMickle, Bonnie Mueller, Vicki Rouillard, Jerry Wilkinson, Mary Lou Wilkinson, George Eager, representing Calusa Camp Resort; Cindy Carley, Fred Nickerson, Billy Causey, representing the Florida Keys National Marine Sanctuary/United States Department of Commerce; Frank Johnson, Paul Johnson, DeeVon Quirolo, Joe Harris- Chairman, Artists Environmental Foundation of the Florida Keys; Howard Gelbman, Richard Lancaster, Hal Heim, representing the Condo Associations in Key Largo; Dave Savage, representing the Florida Keys National Marine Sanctuary; Richard Grosso, representing the Florida Keys Environmental Fund; Chuck Tittle, and Chase Wolf, representing Mariners Club Community. The Board continued the item to the June 28, 2000 Special meeting in Key Largo at 5:00 P.M. Mr. Hendrick addressed. After discussion, the Board directed the County Attorney to prepare a letter for the Mayor's signature to send to Senators Graham and Mack concerning Monroe County's commitment to move forward in improving water quality in the Florida Keys. Motion was made by Commissioner Williams and seconded by Commissioner Reich to table the approval of a Resolution committing to a Community Master Planning and Land Acquisition and Management Program for the proposed Key Largo Wastewater Service area to promote orderly growth and development consistent with the 2010 Comprehensive Plan and the natural and man made carrying capacity of the Florida Keys. Motion carried unanimously. 05/18/2000 2000/163 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 ~Lc. A,)u~~ Isabel C. DeSantis, - Deputy Clerk