02/23/1998 Special
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Monday, February 23, 1998
Marathon, Florida
A Special Meeting of the Monroe County Board of County
Commissioners convened at 11:00 a.m., on the above date, at the
Marathon Government Center. Present and answering to roll call
were Commissioner Keith Douglass, Commissioner Shirley Freeman,
Commissioner Wilhelmina Harvey, and Mayor Jack London. Absent
was Commissioner Mary Kay Reich. 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.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
There were no Additions, Corrections or Deletions to
the Agenda.
Mr. Roberts announced that there was a change in the
location of the Transit Greenways Hearing. The meeting will be
held in the upstairs restaurant of Marina Del Mar Coconuts
Conference Room from 6:00 p.m. to 9:00 p.m.
PUBLIC HEARING
A Public Hearing was held on the request of Hawk's Cay
Resort to modify a major development approval and development of
regional impact approval to reconfigure the hotel units and add
development corridor 4 which includes 5-10 hotel units and
recreational facilities (2 swimming pools, volleyball and
basketball courts, playground, recreation club) and accessory
uses. Timothy J. McGarry, Director of Planning addressed the
Board. The Board accepted public input with the following
individuals addressing the Board: Sandra Walters; Don Johnson,
President of Hawk's Cay; pritam singh, Developer of Hawk's Cay
Resort; Sheldon Evans, Esq., representing Duck Key Homeowners
Group; Dr. George R. Prout; Tom Cherniavsky, representing Hawk's
Cay; Thomas D. Wright, Esq., representing Hawk's Cay Resort;
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Suzanne Fuhrman; John Fuhrman; Pat Reeder; Fred J. Riffe; Betty
Vail; Ray Kitchener, representing the Greater Marathon Chamber of
Commerce; Bill Braun; Loraine Casella, representing the Duck Key
Property Owners Association; Jack Wedge and Diana Walker. After
public input, Mr. Singh and Mr. Evans addressed the Board.
After Board discussion motion was made by Commissioner
Douglass and seconded by Commissioner Harvey to adopt the
following Resolution as modified approving amendments to the
Development of Regional Impact (DRI) Development Order,
Resolution No. 365-1986, and modifications to the Master
Development Approval for the Hawk's Cay expansion DRI; providing
an effective date. Mayor London recused himself from voting.
Roll call vote was taken with the following results:
commissioner Douglass
Commissioner Freeman
Commissioner Harvey
Mayor London
Yes
Yes
Yes
Recused
Motion carried.
RESOLUTION NO. 086-1998
See Res. Book No. 137 which is incorporated herein by reference.
GROWTH MANAGEMENT
Mayor London discussed with the Clerk of Court and
County Attorney satisfaction of Criminal Judgments. No official
action was taken.
Ken Williams, Consulting Engineer with CH2MHILL
introduced Donald F. Roecker, Funding Consultant who gave a
presentation to the Board on the funding plan for completion of
the Marathon Regional Wastewater Facility. Bob Herman, Director
of Growth Management discussed cesspit violations. The following
individuals addressed the Board concerning the Marathon
Wastewater Facility: Joan Tucker, representing Cahill pines and
Palms Property Owners Association, Inc.; Betty Vail, Joanie
Nelson and George Leydic.
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman to approve the following:
Approval of $52 million dollar congressional Funding
Proposal for assistance in completing the Marathon Regional
Wastewater Facility.
Approval to secure $4.3 million dollar Congressional
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Appropriation of de-obligated Title II Construction Fund dollars
to assist in completing Phase I of the Marathon Wastewater
Facility.
Approval of the Marathon Wastewater Facilities Plan
Contract Amendment 3 between Monroe County and CH2MHILL, Inc.,
directing CH2MHILL to make specified revisions to the Facilities
Plan to secure the $4.3 million in de-obligated Title II
Construction Fund dollars and to assist in securing the $52
million requested in the congressional Funding Proposal AND
adoption of the following Resolution concerning the Transfer of
Funds to cover the costs associated with this Contract.
RESOLUTION NO. 087-1998
See Res. Book No. 137, which is incorporated herein by reference.
Roll call vote was unanimous.
COUNTY ATTORNEY
Mr. Hendrick addressed the Board concerning a
resolution repealing Resolution No. 028-1997, providing a
procedure for coordination between Monroe County Health
Department and the County Code Enforcement Department in actions
brought to enforce Chapter 15.5, Monroe County Code, before the
Code Enforcement Special Master. Peter Horton, Community
Services Director, Jack Teague, the County Health Department
Environmental Administrator; Mr. Roecker and Bob Herman addressed
the Board. The following individuals addressed the Board: H. T.
pontin; Joanie Nelson and Jack Wedge. The Clerk read a letter
from Charles Brooks into the record. James T. Hendrick, County
Attorney addressed the Board. Motion was made by Mayor London
and seconded by Commissioner Freeman to strike Section 3 from the
proposed Resolution: Section 3. The Code Enforcement actions to
enforce other requirements of Chapter 15.5. M.C.C.. should
proceed as follows: In those cases where the MCHD has issued a
permit for the construction or reconstruction of an on-site
sewaqe disposal system to bring the property into compliance with
Chapter 15.5. M.C.C.. and the permit holder has failed to timelY
complete the construction or reconstruction or the work performed
does not meet the criteria of Chapter 15.5. M.C.C.. then (a) MCHD
will also notifY the CED; and (b) CED will commence proceedinqs
(or resume abated proceedinqs) before the Code Enforcement
Special Master to seek compliance with the on-site sewaqe
disposal system criteria of Chapter 15.5. M.C.C. The MCHD will
make available to testifY at hearings before the Special Master
its personnel with direct knowledqe of the property owner's
failure to complY with Chapter 15.5. M.C.C.. and the terms of the
on-site sewaqe disposal system permit. Roll call vote was
REVISION
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unanimous.
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman to adopt the above Resolution as amended
Motion carried unanimously.
RESOLUTION NO. 088-1998
See Res. Book No. 137, which is incorporated herein by reference.
Motion was made by Commissioner Freeman and seconded by
Commissioner Douglass to utilize two (2) of the new inspector
positions in this year's budget for the purpose of enforcing the
1st stage (identification/proper filing) of the Cesspit Ordinance
No. 003-1997. Roll call vote was unanimous.
Mr. Hendrick addressed the Board. Motion was made by
Commissioner Douglass and seconded by Commissioner Freeman
granting approval and authorizing execution of an Agreement
between Monroe County and the Department of Community Affairs
pursuant to F.S. 380.032 setting interim procedures for vested
rights and beneficial use. Motion carried unanimously. ?+
commissioner Freeman discussed tolling of the next
round of letters being sent by the Department of Health
concerning compliance procedures of on-site sewage treatment and
disposal systems (OSTDS). Mr. Hendrick addressed the Board.
SOLID WASTE MANAGEMENT
Solid Waste Director, Clark Lake addressed the Board.
Motion was made by Commissioner Harvey and seconded by
Commissioner Douglass granting approval to rent an additional 1*
grinder to be stationed at the Key Largo Transfer station for
Waste Management's use at an estimated cost of $31,500. The cost
borne by the Solid Waste Fund. Motion carried unanimously.
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman granting approval to rent a large log
grinder to be stationed at Crawl Key to process the remainder of
the oversized horticultural debris at an estimated cost of
$16,000. The cost to be borne by the Solid Waste Fund. Motion
carried unanimously.
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman to end the waiver of storm debris
disposal fees on February 28, 1998. Motion carried unanimously.
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GROWTH MANAGEMENT
Mr. Herman discussed meetings that the Florida Keys
Aqueduct Authority will be conducting concerning wastewater; and
mediation that has been scheduled with state and federal agencies
concerning the 18 Mile stretch issue.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman to continue Agenda item F.1 concerning a
request for funding for statewide petition drive for Article V to
the next Board meeting scheduled for March 11, 1998 at the
Marathon Government Center. Motion carried unanimously.
There being no further business to come before the
Board, the meeting was adjourned.
Danny L. Kolhage
Clerk of Circuit Court and
ex officio Clerk to the Board
of County Commissioners
JhU0. ~~
Isabel C. Desantis, Deputy Clerk