09/21/2000 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2000/288
Regular Meeting
Board of County Commissioners
Thursday, September 21,2000
Marathon, FL
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date at the Marathon Government Center. Present and answering to roll
call were Commissioner Wilhelmina Harvey, Mayor Pro Tern 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; County Attorney James T. Hendrick; 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 Williams and seconded by Mayor Pro Tern Neugent
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Williams and seconded by Mayor Freeman granting
approval of the following items:
COMMISSIONERS' ITEMS
A Resolution of the Board of County Commissioners of Monroe County, Florida
welcoming the assistance of the Coalition for the Preservation of Affordable Living Standards in
the Florida Keys in obtaining State and Federal funding for the Key Largo Central Wastewater
Treatment Facilities and related infrastructure and inviting participation by all interested persons
and groups.
RESOLUTION NO. 376-2000
See Res. Book No. 145, which is incorporated herein by reference.
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COUNTY ATTORNEY
Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Marathon which authorizes the Department of Revenue to
distribute Marathon's share of the gas tax revenues directly to them.
Board granted approval and authorized execution of an Agreement between Monroe
County and the City of Marathon assigning the County bay bottom lease adjacent to the Marathon
Yacht Club to the City.
Board granted approval and authorized execution of an Agreement between Monroe
County and the City of Marathon transferring County traffic signals and street lights located with
in the City to the City of Marathon.
Board granted approval and authorized execution to execute Quit Claim Deeds
transferring ownership of, and responsibility for, County roads, bike paths and bridges located
within the City of Marathon to the City.
Board granted approval for the Mayor to execute a letter advising the Coast Guard of the
County's transfer of all authority and responsibility for road and bridges, including the permit for
Boot Key Bridge to the City of Marathon.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Florida Department of Transportation (FOOT) for traffic lights
on US 1 in Marathon, effective November 1, 2000, and also traffic signals in Islamorada.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and the Florida Department of Transportation (FDOT) for streetlights
on US 1 in Marathon, effective November 1, 2000.
Board granted approval for one Restrictive Covenant from Roberto de Silva to have one
dwelling unit on contiguous lots, permit number 99-1-1711, described as Lots 68 & 69, revised
Plat of Sugarloaf Shores Section D Extension, SugarloafKey. The applicant receiving one
dwelling unit allocation award for the year ending July 13, 2000, has :filed the document in
accordance with Ordinance No. 47-1999.
Board granted approval for one Restrictive Covenant from Bernice MacNeil to have one
dwelling unit on contiguous lots, permit number 99-1-2171, described as Lots 10 & 11, Block 2,
Cudjoe Ocean Shores, Cudjoe 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. 47-1999.
Board granted approval for the transfer of four buildable lots from Douglas & Lynn C.
Bell, Andrew & Teresa Stark, and Eckhart & Natalia Hentschel to Monroe County by Warranty
Deeds, permit number 99-1-2570, described as Lot 48, Block 7, Indian Mound Estates, Sugarloaf
Key; permit number 99-1-2407, described as Lot 45, Block 1, Doctors Arm Subdivision, Big Pine
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Key; and permit number 99-1-3420, described as Lots 14 & 15, Block 52, Sands Subdivision, Big
Pine Key. The applicants receiving dwelling unit allocation awards for the year ending July 13,
2000, have filed the documents in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from Douglas & Lynn C. Bell
for William Richards to Monroe County by Warranty Deed, permit number 99-1-3221, described
as Lot 15, Block 19, 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. 47-1999.
Board granted approval for the transfer of one buildable lot from Mark H. Gregg for Noah
Belew to Monroe County by Warranty Deed, permit number 99-1-2346, described as Lot 11,
Block 1, Kinercha 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. 47-1999.
Board granted approval for the transfer of four buildable lots from TL Keys Construction
Corporation and David A. & Christina M. Geide to Monroe County by Warranty Deeds, permit
number 99-1-3257, described as Lots 1 & 2, Block 12, Palm Villa Subdivision, Big Pine Key;
permit number 99-1-3257, described as Lot 7, Roger Lowes Subdivision, Big Pine Key; and
permit number 98-1-0984, described as Lot 5, Block 13, Eden Pines Colony, Big Pine Key. The
applicants receiving dwelling unit allocation awards for the year ending July 13, 2000, have filed
the documents in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from John K. & Ann R.
Armstrong for the John K. Armstrong Revocable Trust to Monroe County by Warranty Deed,
permit number 99-1-3284, described as Lot 7, Block 40, Pine Crest, 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. 47-1999.
Board granted approval for the transfer of two buildable lots from Thomas D. & Caron
Burgess for Louis Poulus to Monroe County by Warranty Deeds, permit number 99-1-3060,
described as Lot 33, Whispering Pines #4, Big Pine Key; and permit number 99-1-3060, described
as Sec. 27, Twp. 66, Rng. 29, Part SE t,4 of the NE t,4, Big Pine Key (RE:#00111930-000500).
The applicant receiving a dwelling unit allocation award for the year ending July 13,2000, has
filed the documents in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from Klaus Franz to Monroe
County by Warranty Deed, permit number 99-1-0903, described as Lot 16, Block 3, Ramrod
Shores Marina Section, Ramrod 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. 47-1999.
Board granted approval for one Affordable Housing Deed Restriction from Michael C.
Coppola Jr., permit number 99-3-1193, described as Lot 10, Block 4, Key Largo Sound Park,
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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. 47-1999.
Board granted approval and authorized execution of a Grant of Conservation Easement
for Lots 16, 17, and 18, Block 2, Oceana Subdivision (unrecorded plat) of Monroe County,
Florida between Monroe County and George and Carolyn Wallis. The real estate number is
00085400-000000.
Board granted approval and authorized execution of a Grant of Conservation Easement
for Lots 1,2,3 and 22,23,24, Block 2, Knowlson Colony of Monroe County, Florida between
Monroe County and George and Martha Otto. The respective real estate numbers are:
00564510-000000,00564520-000000,00564530-000000,00564720-000000,
00564730-000000, and 00564740-000000.
Board granted approval and authorized execution of a Joint Participation Agreement
(JP A), Contract No. AI893, between Monroe County and the Florida Department of
Transportation (FDOT) to provide $300,000 in federal and state grant monies for transportation
planning studies and services.
Board granted approval to advertise an Ordinance amending Section 6-16.1 Monroe
County Code providing authority to the Construction Board of Adjustments and Appeals to
approve the use of cost approach appraisal for determination of fair market value pursuant to
Section 9.5-316, Monroe County Code; providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date.
Board granted approval for one Restrictive Covenant from Brian & Candace Basilius to
have one dwelling unit on contiguous lots, permit number 99-3-1013, described as L6ts 1 & 2,
Bl6ck 16, (Scriveners error) Lots 26 & 27, Block 7, Anglers Park, Key Largo; and the approval
for the transfer of one buildable lot from Brian & Candace Basilius to Monroe County by
Warranty Deed, permit number 99-3-1013, described as Lot 8, Block 53, Sands Subdivision, Big
Pine Key. The applicants receiving one dwelling unit allocation award for the year ending July 13,
2000, have filed the documents in accordance with Ordinance No. 47-1999.
Board granted approval for one Restrictive Covenant from Samuel & Alana Stoia to have
one dwelling unit on contiguous lots, permit number 00-3-2866, described as Lots 1 & 2, Block
16, Anglers Park, Key Largo. The applicants receiving one dwelling unit allocation award for the
year ending July 13, 2000, have filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from Gerold Krause to
Monroe County by Warranty Deed, permit number 99-1-1992, described as Lot 4, Block 35,
Palm Villa, 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. 47-1999.
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Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the repair of regulatory aids to navigation, located off of Little Torch Key,
Monroe County and granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for same.
RESOLUTION NO. 377-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors Inc. for the repair of aids to navigation
located at the reefline off of Key Largo, Monroe County.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the emergency removal ofDV3A3286 and granted approval and
authorized execution ofa Contract Agreement between Monroe County and Arnold's Towing for
same.
RESOLUTION NO. 378-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the emergency removal ofDV3 A3 3 17 located off of Key Largo, Monroe
County and granted approval and authorized execution of a Contract Agreement between Monroe
County and Blue Water Marine, Inc. for same.
RESOLUTION NO. 379-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the repair of aids to navigation located at Community Harbor and Hammer
Point, Key Largo, Monroe and granted approval and authorized execution of a Contract
Agreement between Monroe County and American Underwater Contractors, Inc. for same.
RESOLUTION NO. 380-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board granted approval and authorized execution of a Grant Agreement No. 00059
between Monroe County and the Florida Fish and Wildlife Conservation Commission for the
removal of derelict vessels.
Board adopted the following Resolution authorizing an allocation from the Boating
Improvement Fund for the disposal of marine debris.
RESOLUTION NO. 381-2000
See Res. Book No. 145, which is incorporated herein by reference.
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Board authorized Mayor Pro Tern Neugent to return to the Board with a proposal to
have the Marine and Port Advisory Committee to examine large vessel issues previously
remanded to them.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Web site Firm Agreement between
Monroe County and Cooke Communications LLC, a Delaware Limited Liability Company doing
business as "FloridaKeys.com and KeyWest.com to provide website services which promote
tourism, to commence October 1, 2000 through September 30,2003.
Board granted approval and authorized execution of an Interlocal Agreement for Grant of
Funds between Monroe County and Islamorada, Village of Islands for the maintenance of Anne's
Beach, Library Beach and the Hurricane Monument in an amount not to exceed $34,200, DAC
IV Capital Resources, FY 2001.
Board granted approval ofthe following wording for event Contract reimbursement
deadline:
"Event sponsor fully understands that funding is obtained from tourist development taxes
for which the fiscal year ends September 30. Event sponsor also understands that the funding
process through which this contract was made available by County requires event sponsors to
submit their payment requests as quickly as possible and to finalize all such requests before the
end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized
most effectively for the purpose for which they were authorized, attracting and promoting
tourism, the budgeting process of the County requires the event's funding to be concluded in a
timely manner. In recognition that the timeliness of payment requests is of extreme importance to
the funding of future advertising and promotion for the stability of the tourist-based economy,
Event Sponsor agrees to submit by September 30 (of the fiscal year for which the event was
funded) all invoices and support documentation as required by the County's Finance Department
rules and policies. Event sponsor shall not be reimbursed nor will Event Sponsor's vendors be
paid directly for any invoices received after September 30 of said fiscal year."
For events occurring from August 1 through September 30, use the following language for
the italicized phrases: "within (90) days of the conclusion of the event."
Board granted approval of an Agreement between Monroe County and Monroe Council
of the Arts Corporation for a Community Outreach Coordinator.
Board granted approval of changes to the Fishing Event Funding Application within the
Monroe County Tourist Development Council Operations Manual.
Roll call vote was unanimous.
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COUNTY ATTORNEY
County Attorney James T. Hendrick addressed the Board. Motion was made by Mayor
Freeman and seconded by Commissioner Harvey declaring that an emergency exists and waiving
notice by a four-fifths vote. Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Pro Tern Neugent Yes
Mayor Freeman Yes
Motion carried. There was no public input. Motion was made by Mayor Freeman and seconded
by Commissioner Harvey to adopt the following Ordinance renaming the Information Systems to
the Technical Services Department and placing the Technical Services Department within the
Division of Management Services~ Providing for Severability~ Providing for the repeal of all
Ordinances inconsistent herewith~ Providing for incorporation into the Monroe County Code of
Ordinances; and Providing an effective date. Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Pro Tern Neugent Yes
Mayor Freeman Yes
Motion carried.
ORDINANCE NO. 048-2000
See Ordinance Book No. 54 incorporated herein by reference
COMMISSIONERS' ITEMS
Commissioner Williams discussed her item with the Board concerning approval of a
Resolution in support of keeping the Keys' South Florida Water Management Service Center.
Motion was made by Commissioner Williams and seconded by Commissioner Harvey to adopt the
following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 382-2000
See Res. Book No. 145, which is incorporated herein by reference.
Commissioner Williams discussed her item with the Board concerning a public notification
of a South Florida Water Management District notice of a Water Shortage Warning Order. Mayor
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Pro Tern Neugent read a letter form Joe Harris. The Clerk read the actual Notice of Water
Shortage Warning into the record.
Commissioner Williams discussed her item with the Board concerning the Draft Report on
the Florida Keys Hurricane Evacuation Study and her comments. Mr. Hendrick addressed the
Board. After discussion, the Board requested the County Attorney to draft a Resolution to come
back to the Board for approval.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Mayor Freeman and seconded by Commissioner Harvey granting
approval and authorizing execution of the following two (2) items:
Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick
renewing for an additional term of two years the Letter of Engagement authorizing the firm to
provide Land Use-Growth Management representation to Monroe County for fiscal years
2000-2001 and 2001-2002.
Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick
renewing for an additional term of two years the Letter of Engagement authorizing the firm to act
as General Civil Litigation Counsel to the Board for fiscal years 2000-2001 and 2001-2002.
Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Pro Neugent Yes
Mayor Freeman Yes
Motion carried.
COMMISSIONERS' ITEMS
Commissioner Harvey discussed her item with the Board concerning an amendment to the
Affordable Housing Ordinance to include the elderly and persons with disabilities Growth
Management Director Tim McGarry and Mr. Hendrick addressed the Board. After discussion,
motion was made by Commissioner Harvey and seconded by Mayor Pro Tern Neugent directing
Staff to draft an Ordinance revision of Affordable Housing criteria to include the elderly and
persons with disabilities. Roll call vote was unanimous.
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COUNTY ADMINISTRATOR
County Administrator James Roberts discussed a notice he had received from the
Department of Commerce indicating that they are accepting appointments to various positions on
the Sanctuary Advisory Council.
Mr. Roberts discussed a memo he had sent to each Commissioner concerning legislative
priorities. After discussion, motion was made by Commissioner Williams and seconded by Mayor
Freeman to adopt the following Resolution requesting Monroe County's legislative delegation is
requested to introduce and support legislation expanding the State's uses of gas tax revenues to
redress the environmental consequences ~. storm water runoff) of past and future road
projects, and to offset road impacts, including traffic law enforcement. Mr. Hendrick addressed
the Board. Roll call vote was unanimous.
RESOLUTION NO. 383-2000
See Res. Book No. 145, which is incorporated herein by reference.
Mr. Roberts addressed the Board. After discussion, motion was made by Mayor Freeman
and seconded by Mayor Pro Tern Neugent granting approval of the Administrator's confirmation
of Ms. Sheila Barker to be Director of the Department of Administrative Services. Roll call vote
was taken with the following results:
Commissioner Harvey Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Pro Tern Neugent Yes
Mayor Freeman Yes
Motion carried.
Motion was made by Mayor Freeman and seconded by Commissioner Harvey granting
approval of the Administrator's appointment of Ms. Ronda Norman to be Director of Code
Enforcement. Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Pro Tern Neugent Yes
Mayor Freeman Yes
Motion carried.
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COUNTY ATTORNEY
Mr. Hendrick reported to the Board status of the Florida Keys Aqueduct Authority/
Ogden Water Systems of Key Largo, Inc.; Bonnie Kozmer; and Henry Naubereit litigation.
DIVISION OF GROWTH MANAGEMENT
Mr. Hendrick referred the Board to his written report concerning the Update on Legal
Issues from Attorney Karen Cabanas of the firm Morgan and Hendrick.
COUNTY ATTORNEY
Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner
Reich and seconded by Mayor Pro Tern Neugent granting approval of abatement of rent in the
amount of$11,859.24. After consideration, the second to the motion withdrawn. Motion died
for lack ofa second. After further discussion, motion was made by Mayor Pro Tern Neugent and
seconded by Commissioner Williams to reduce the rent abatement by 50% of the total request.
Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Pro Tern Neugent Yes
Mayor Freeman No
Motion carried.
Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner
Reich and seconded by Mayor Pro Tern Neugent granting approval for the Mayor to execute a
Quit Claim Deed transferring the title to, and responsibility for, the Marathon Community Park to
the City of Marathon when the approval for the transfer is granted by the Florida Communities
Trust. Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Reich
Commissioner Williams
Mayor Pro Tern Neugent
Mayor Freeman
N6 Yes
Yes
Yes
Yes
No
Motion carried. After consideration Commissioner Harvey changed her vote above to Yes.
Motion was made by Commissioner Reich and seconded by Commissioner Williams
granting approval for the Mayor to execute Quit Claim Deeds transferring ownership of, and
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responsibility for, the following properties located within the City of Marathon to the City: 33rd
Street boat ramp and rest rooms, Aviation Boulevard boat ramp, Marathon Yacht Club property,
Jaycees Building, and Teen Center. Roll call vote was unanimous.
Motion was made by Commissioner Reich and seconded by Commissioner Williams
granting approval for the Mayor to execute Quit Claim Deeds transferring ownership of, and
responsibility for certain County owned parks and beaches located within the City of Marathon to
the City: 1 - Waloriss Park; 2 - Jesse Hobbs Park; and 3 - Sombrero Beach Park. Roll call
vote was unanimous.
Motion was made by Commissioner Reich and seconded by Commissioner Williams
granting approval for the Mayor to execute Quit Claim Deeds transferring the title to, and
responsibility for, the Coco Plum Beach Park to the City of Marathon when the approval for the
transfer is granted by the Florida Communities Trust. Roll call vote was unanimous.
DIVISION OF GROWTH MANAGEMENT
Mr. McGarry informed the Board that there is an Open House scheduled at the Big Pine
Key Neighborhood School to consider Development Alternatives with the Livable CommuniKeys
Program as part of the Habitat Conservation Program (RCP) process today, September 21,2000
anytime between 4:00 P.M. - 8:00 P.M.
Mr. McGarry also discussed Affordable Housing; ROGO allocations and lots.
Commissioner Williams discussed with the Board the Growth Management Task Force
meetings.
Mr. McGarry briefed the Board on the Monroe County Flood Insurance Inspection
Program and possible options for extending County inspection authority beyond the completion of
that program. After discussion, motion was made by Mayor Freeman and seconded by
Commissioner Williams directing Staff to amend the Land Development Regulations requiring
that a compliance inspection be conducted prior to the transfer of ownership of any property with
a post-1975 residence with a downstairs enclosure, as recommended by the Monroe County
FEMA Task Force. Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Pro Tern Neugent Yes
Mayor Freeman Yes
Motion carried.
There being no further business to come before the Board, the meeting was adjourned.
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Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
-='bo.L..J- c. ~'xf ~
Isabel C. DeSantis -
Deputy Clerk