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07/27/2000 Regular -- MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2000/220 Regular Meeting Board of County Commissioners Thursday, July 27, 2000 Key West, FL A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Harvey Government Center. Present and answering to roll call 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 Roberts, County Administrator, James 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, AND 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. BULK APPROVALS Motion was made by Mayor Freeman and seconded by Commissioner Harvey granting approval of the following items: Board granted approval and authorized execution of a Contract Amendment for a time extension between Monroe County and A.S.A.P., Inc. for the Safety Harbor regulatory marker project. -- 07/27/00 2000/221 - Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing and Assistance for the emergency removal of DV3A3147. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for the emergency removal of a two story floating structure located just off the sea wall, houseboat row, Key West. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine, Inc. for the removal ofDV3A2470. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the installation of aids to navigation and regulatory markers, Community Harbor, Key Largo, Monroe County and granted approval and authorized execution of a Contract Amendment between Monroe County and AS.AP., Inc. for a time extension/project cost adjustment for same. RESOLUTION NO. 274-2000 See Res. Book No. 145, which is incorporated herein by reference. ,- Board granted approval and authorized execution of a Contract Amendment for a time extension between Monroe County and AS.AP., Inc. for the Hammer Point aids to navigation and regulatory marker project. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal ofDV3A3232, DV3A3235, and DV3A3237. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal ofDV3A3269 and DV3A3271. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of$4,266.00 for repair of aids to navigation, Upper Matecumbe West Channel #5, and Cow Key Channel #32, Monroe County and granted approval and authorized execution of a Contract Amendment between Monroe County and American Underwater Contractors for additional repairs/project cost adjustment for same. RESOLUTION NO. 275-2000 See Res. Book No. 145, which is incorporated herein by reference. Board granted approval for one Affordable Housing Deed Restriction from Darren Mills, permit number 99-1-3481, described as Lot 3, Block 1, Johnsonville, Big Coppitt Key. 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. 07/27/00 2000/222 -- Board granted approval for the transfer of one buildable lot from Twocan Tropical Homes, Inc. for Largo Sound Homes to Monroe County by Warranty Deed, permit number 00-3-1149, described as Lot 8, Part of Tract B, Knowlson Colony, First Addition, Key Largo. 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 the transfer of five buildable lots from Richard & Norma V. Kroll and Edward & Adelaide U. Schultze to Monroe County by Warranty Deeds, permit number 98-1-1178, described as Lot 6, Block 14, Palm Villa Subdivision, Big Pine Key and permit number 99-3-2310, Lots 5, 6, 7 & 8, Block 8, Kinercha Subdivision, Big Pine Key. The applicants are 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 the transfer of one buildable lot from John & Kathleen Dixon and Peter & Linda Raskob for Largo Sound Homes to Monroe County by Warranty Deed, permit number 99-3-3217, described as Lot 18, Block 2, Knowlson Colony, First Addition, Key Largo. 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 the transfer of two buildable lots from Kenneth 1. & Rebecca 1. Hysell and James Weisenbach to Monroe County by Warranty Deeds, permit number 98-1-1533, described as Lot 18, Block 16, Sands Subdivision, Big Pine Key and permit number 98-1-1164, described as Lot 33, Block 8, Indian Mounds Estates, SugarloafKey. The applicants receiving a dwelling unit allocation awards for the year ending July 13, 2000, have filed the document in accordance with Ordinance No. 16-1992. Board granted approval for the transfer of one buildable lot from A.J. & Lynn S. Freshwater to Monroe County by Warranty Deed, permit number 98-1-0302, described as Lot 3, Block 40, Sands Subdivision, Big Pine Key. 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 the transfer of one buildable lot from Condor Construction Corp. for Largo Magic Enterprises to Monroe County by Warranty Deed, permit number 00-3-0949, described as Lot 2, Block 35, Palm Villa Subdivision, Big Pine Key. 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 the transfer of five buildable lots from Charles & Patricia A. Rumbley to Monroe County by Warranty Deeds, permit number 99-1-2337, described as Lots 7, 8,9, 10 & 19, Block 4, Kinercha Subdivision, Big Pine Key. 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. - 07/27/00 2000/223 - Board granted approval for one Restrictive Covenant from Hope Center, Inc. to have one dwelling unit on contiguous lots, permit number 99-3-2905, described as Lots 23 & 24, Block 11, Largo Sound Village, Key Largo. The applicant receiving one 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 Donald Fanelli to have one dwelling unit on contiguous lots permit number 99-3-3317, described as Lots 23 & 24, Block 11, Largo Sound Park, Key Largo. 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 granted approval for one Restrictive Covenant from Julie Susan Vance to have one dwelling unit on contiguous lots, permit number 99-1-1987, described as Lots 9, 10 & 11, Summerland Beach Addition #6, Summerland 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 granted approval for one Restrictive Covenant from David Thompson to have one dwelling unit on contiguous lots permit number 99-3-1922, described as Lots 5 & 6, Block 3, Unrecorded Plat of Ocean a, Key Largo. 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 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 1, Page 105 -- 11-142 G6 OR881017/18, real estate number 00479000-000000. RESOLUTION NO. 276-2000 See Res Book No. 145, which is incorporated herein by reference. Board granted approval of the new By-Laws for the Monroe County Marine and Port Advisory Committee. Board granted approval and authorized execution of an Agreement with Redbone, Inc. for the production of Mercury Outboards Cheeca/Redbone on November 5-7, 1999 in an amount not to exceed $11,000, FY 2000 Fishing Umbrella Reserves. Board adopted the following Resolution Transferring Funds. RESOLUTION NO. 277-2000 See Res Book No. 145, which is incorporated herein by reference. - 07/27/00 If ~I/"S /0'" 2000/224 .- Board granted approval of the document titled 2000 Monroe County Public Facility Capacity Assessment Report prepared by the Monroe County Planning and Environmental Resources Department and adopted the following Resolution for same. RESOLUTION NO. 277 A-2000 See Res Book No. 145, which is incorporated herein by reference. ~ Board granted approval of the Growth Management Division recommendation on the application nutrient reduction credits to ranked ROGO applicants as provided under Rule 28-20.100 enacted by the Florida Administrative Commission in 1999. Motion carried unanimously. GROWTH MANAGEMENT Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution authorizing certain Code Enforcement Inspectors to issue citations for violations of the Monroe County Code for disposition in County Court. Roll call vote was taken with the following results: -- Commissioner Harvey Commissioner Neugent Commissioner Reich Commissioner Williams Mayor Freeman No Yes No Yes Yes Motion carried. RESOLUTION NO. 278-2000 See Res. Book No. 145, which is incorporated herein by reference. Growth Management Director Timothy McGarry and County Attorney James Hendrick addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval and authorizing execution of a Contract between Monroe County and John Wolfe to serve as legal counsel to the Monroe County Planning Commission. 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. Motion was made by Commissioner Williams and seconded by Commissioner Harvey granting approval and authorizing execution of a Contract Amendment No.4 between Monroe County and CH2MHill, Inc. Sanitary Wastewater Master Plan to assist in work on the Florida 07/27/00 2000/225 - Keys Aqueduct Authority, National On-site Wastewater Utility Demonstration Project. 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. COMMISSIONERS' ITEMS Motion was made by Commissioner Neugent and seconded by Commissioner Harvey appointing John Bartus to the Tourist Development Council District III Advisory Committee, replacing Cheryl Roll. Motion carried unanimously. GROWTH MANAGEMENT - Mr. McGarry addressed the Board concerning the environmental assessment of the mile marker 100.5 property, the proposed site for the wastewater treatment plant. COUNTY ADMINISTRATOR Land Authority Director Mark Rosch advised the Board that he would have a report ready at the next Key Largo meeting reference a Lease between Monroe County and Kimco Realty for library and office space in the Tradewinds Shopping Center. GROWTH MANAGEMENT Mr. Hendrick referred to the written report on Growth Management legal issues dated July 26-27,2000, from the firm Morgan & Hendrick. Commissioner Reich discussed the Neumont case. Commissioner Williams discussed the BeattieILaTorre case. PUBLIC HEARINGS The second of three Public Hearings was held concerning adoption of an Ordinance approving the request filed by the Planning Department to amend the Monroe County Land Development Regulations, Se. 9.5-4, definitions, Sec. 9.5-232 through Sec. 9.5-238, Sec. _ 9-5-242, Sec. 9.5-244 through Sec. 9.5-249, and Sec. 9.5-252. These changes concern permitted uses to permit public wastewater treatment facilities in various land use districts and to amend 07/27/00 2000/226 -- Sec. 9.5-249, industrial land use district, to permit parking lots for uses located in adjacent land use districts. There was no public input. No official action was taken. A Public Hearing was held concerning consideration of a request by Janis 1. Beattie to overturn the decision of Timothy 1. McGarry, Director of Growth Management, to deny approval for the County to issue a permit to structurally alter a building containing illegal construction below the flood elevation. The Board accepted public input with the following individuals addressing the Board: Attorney Lloyd Good, representing Ms. Beattie and Janis J. Beattie. Mr. Hendrick and Mr. McGarry also addressed the Board. Mr. Good addressed the Board with a rebuttal. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Williams declaring that the Board lacks jurisdiction in this appeal and that there is no policy of the Board in place precluding the application for a building permit at this time. Roll call vote was unanimous. After further discussion, motion was made by Commissioner Williams and seconded by Commissioner Harvey directing the County Attorney and the Planning Director to give options to the Planning Commission to deal with problems like those in this case in a timely manner. Motion carried unanimously. COUNTY ADMINISTRATOR -- Larry Erskine, Attorney for the Land Authority, advised the Board that the closing on the purchase of Old Mariners Hospital would take place on Monday, July 31,2000. Mr. Erskine advised the Board that the Hospital had some records in storage in a building which was part of the acquisition and requested the Boards' direction on the disposition of those records. After discussion motion was made by Commissioner Reich and seconded by Commissioner Williams authorizing Mr. Erskine to negotiate with the Hospital in order to remove the records in thirty (30) days. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Reich granting approval to advertise an Ordinance abolishing the position of Director of Solid Waste Management and combining the Office of Management & Budget and Human Resources. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item with the Board concerning approval of certain issues to be included within the Interlocal Agreement between Monroe County and the City of Marathon. Mr. Roberts and Mr. Hendricks addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Reich granting approval of the following items to be put into a formal interlocal agreement, as written in the document: 1. Marathon will take ownership and responsibility all Monroe County roads, bike -- paths and bridges effective October 1. Traffic signal resposibilities will aslo become the responsibility of the City. 07/27/00 2000/227 - 2. Ownership will be transferred from the County to Marathon for the following: a) 33rd Street boat ramp b) Aviation Boulevard boat ramp c) Marathon Yacht Club property d) Bay bottom Lease associated with the Marathon Yacht Club e) Jaycees Building f) Teen Center g) 33rd Street rest rooms 4. Lease of Fire Station No.2 on the Marathon Airport to the City of Marathon temporarily until they can construct a new fire facility on the Airport. At that time, Fire Station NO.2 would revert to the County for other uses. 5. Transfer of acreage on Crawl Key to the City of Marathon for the location ofa sewer plant as long as the sewer plant location does not interfere with the fire training facility or road access. The Board did not approve item NO.3 as follows: - Marathon will take ownership of all County-owned parks and beaches and assume responsibility for their maintenance (at this time, this does not include the marina and the baybottom associated with Boot Key). Roll call vote was unanimous. COUNTY ATTORNEY Board discussed the approval to advertise an Ordinance establishing a municipal service taxing unit for local road patrol law enforcement services in the unincorporated area of Monroe County, Florida (the District), excluding MSTU 7; defining local road patrol law enforcement services; providing that the municipalities of Key Colony Beach, Layton, Islamorada, Marathon, Key West, and any municipalities incorporated later may elect to join the District; providing that the District Governing Board is the Board of County Commissioners unless the municipalities elect to join in which case municipal representation on the Governing Board is authorized; providing for District duties and powers including the power to levy ad valorem taxes within the limits established by law on all real and personal property within the District, including participating municipalities, for law enforcement purposes; providing for severability; providing for the repeal of Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. No official action was taken. .- 07/27/00 2000/228 - COUNTY ADMINISTRATOR At 2:00 P.M. the Board met with Secretary Steve Seibert of the Florida Department of Community Affairs (DCA). Also in attendance were Mike McDaniels and Rebecca Jetton, with the DCA. Mr. Seibert and the Board discussed affordable housing problems in the County and ROGO allocations. Mayor Freeman called a Special Meeting of the Board for August 15,2000, Marathon Government Center at 1 :00 P.M. to discuss reorganization. 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 -- ~a&L c. [1,~~ Isabel C. DeSantis ./ Deputy Clerk ,-