12/14/2000 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2000/378
Regular Meeting
Board of County Commissioners
Thursday, December 14, 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 Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner
Dixie Spehar, Commissioner Nora Williams, and Mayor George Neugent. 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.
ADD mONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner McCoy and seconded by Commissioner Williams
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner McCoy and seconded by Commissioner Spehar
granting approval of the following items:
Board granted approval and authorized execution of a Modification to Grant Agreement
between Monroe County and the Department of Community Affairs for completion of the
Monroe County Sanitary Wastewater Master Plan.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Phillip George and Robert Kenison for property described as Lot
10, Block 6, Harbor Course South, Section 2, Ocean Reef, Plat #7. The real estate number is
00573700-001000.
Board granted approval and authorized execution of an application to the Florida Bureau
of Historic Preservation for recognition as a Certified Local Government (CLG).
Board granted approval for the transfer of one buildable lot from Gary A. & Elena I.
Schoneck to Monroe County by Warranty Deed, permit number 99-1-3245, described as Lot 17,
Block 16, Sands Subdivision, Big Pine Key. The applicants receiving a dwelling unit allocation
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2000/379
award for the year ending July 13,2000, have filed the document in accordance with Ordinance
No. 47-1999.
Board granted approval for one Restrictive Covenant from Loquat Management Co. to
have one dwelling unit on contiguous lots, permit number 99-3-2882, described as Lots 2 & 3,
Block 7, Ocean Isle Estates, 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. 47-1999.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of Grant of Funds Agreement between
Monroe County and the Key West Botanical Garden Society to contract for and obtain such
services as is necessary to construct a Botanical Garden Education! Information Center and
Butterfly Garden in an amount not to exceed $276,878, DAC I, Third Penny.
Board granted approval of the request for the addition of "Monroe County Tourist
Development Council" to be added to the current TDC logo. All references to the logo will be
appropriately reflected in the Monroe County Tourist Development Council Operations Manual.
Board granted approval and authorized execution of a Funding Agreement between
Monroe County and Barley's Bay Festival, Inc. covering the production of Barley's Bay Festival
on July 27-29,2001 in an amount not to exceed $25,000, FY 2001, Two Penny allocated under
the Cultural Umbrella.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Williams discussed her report with the Board concerning the
Intergovernmental Task Force that is meeting under her direction, the purpose for the Task Force,
how it was organized, and the issues that it is considering and will consider.
County Attorney James T. Hendrick addressed the Board. After discussion, motion was
made by Commissioner McCoy and seconded by Commissioner Spehar approving Jerry Coleman
as the District One appointee to the Monroe County Planning Commission, which was vacated by
David Sullins Stuart III. Motion carried unanimously.
Commissioner Spehar discussed her item with the Board concerning approval to advertise
a Public Hearing on adoption of an Ordinance limiting the number of consecutive terms to be held
by a County Commissioner; providing for severability; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code; and providing
an effective date. Mr. Hendrick addressed the Board. The Board took no official action.
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Commissioner Spehar discussed her item with the Board concerning a request for
approval of a policy to disallow add-ons the day of the Commission meeting unless emergency
action is warranted. County Administrator James Robert addressed the Board. The Board took
no official action.
Commissioner Williams discussed her item with the Board concerning the Hurricane
Evacuation Update. After discussion, motion was made by Commissioner Spehar and seconded
by Commissioner Williams to move forward with traffic management as the first option and, if the
Board finds not feasible, then the Board shall regroup. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance repealing Ordinance Nos.
19-1998 and 29-1998 regulating personal watercraft; providing for the repeal of Ordinances
inconsistent herewith; providing an effective date. There was no Public input. Mr. Hendrick
addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner
Nelson to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 056-2000
See Ordinance Book No. 54 which is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Williams discussed her item with the Board concerning the possibility of
relocating Commissioner offices. Mr. Roberts addressed the Board. Commissioner Williams
indicated that she will be keeping one side of her current office located at the Marathon Annex
Building and will also occupy the office space that Commissioner Nelson occupied at the
Plantation Key Government Center.
Commissioner McCoy discussed his item with the Board concerning adoption of a
Resolution authorizing Commissioner McCoy to represent the Board on issues concerning
highway safety and beautification, excluding the 18 Mile Stretch of US 1; designating
Commissioner McCoy as the Board's liaison with the State of Florida on all issues not specifically
assigned to another County Commissioner. After discussion, motion was made by Commissioner
Williams and seconded by Commissioner Spehar to adopt the following Resolution, as revised.
Section 1. Commissioner McCoy is hereby authorized to represent the Board on
issues concerning highway safety and beautification. excluding the 18 Mile Stretch of US 1. and
designating Commissioner McCoy as the Board's liaison to the State and Federal government
agencies on those issues alone.
Roll call vote was unanimous.
RESOLUTION NO. 531-2000
See Resolution Book No. 145 which is incorporated herein by reference
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2000/381
The Board discussed communication between the County Commission and State
Representative Ken Sorenson. After discussion, motion was made by Commissioner McCoy and
seconded by Commissioner Williams to authorize the Mayor to serve as the Board's liaison for
communications between the Board and the elected State Representative and further, authorize
the serving Mayor to delegate that responsibility to another County Commissioner. Motion
carried unanimously. Mayor Neugent delegated Commissioner Nelson as the Board's point
person to work with State Representative Ken Sorenson.
GROWTH MANAGEMENT
Elizabeth Holloway, Bicycle and Pedestrian Planner; and Louis Scrubbs, representing the
Florida Department of Environmental Protection, Division of Parks and Recreation briefed the
Board regarding the progress on the implementation of the Florida Keys Overseas Heritage Trail
(FKOHT).
COMMISSIONERS' ITEMS
Commissioner Spehar discussed her item with the Board concerning approval to extend
the paid Christmas holiday through 12/26/00 (Tuesday) for Monroe County staffwhere
applicable. Employees to return on 12/27/00. Mr. Roberts addressed the Board. After
discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent
granting approval of the item. Roll call vote was unanimous.
AIRPORTS
Theresa Cook, Manager of the Florida Keys Marathon Airport discussed with the Board
approval of Lease Agreement between Monroe County and Bob Cayce to divide a ground lease
for hangar space into two parcels. Mr. Hendrick addressed the Board. After discussion, motion
was made Commissioner Williams and seconded by Commissioner Nelson that from now on all
leases must identify the exact use and specific aircraft and that no subleases are to be allowed.
After consideration, the motion was withdrawn and the item was referred to Staff
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and
seconded by Commissioner Nelson granting approval of the attached list of the 2001
appointments of Commissioners to various duties. Motion carried unanimously.
Motion was made by Commissioner Williams and seconded by Mayor Neugent to not join
the Florida Coalition of Coastal Communities. Motion carried unanimously.
The Board appointed Commissioner Williams to the Florida Association of Counties
Board of Directors.
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2000/382
The Board appointed Mayor Neugent and Commissioner Spehar to the Health Care
Coalition/Rural Health Network.
The Board appointed Commissioner McCoy to the Monroe County Arts Council.
The Board accepted the attached 2001 Organization for Rotational Commissioner
attendance for the Library Advisory Board and the Older American Advisory Board.
COMMISSIONERS' ITEMS
Mayor Neugent discussed his item with the Board concerning the City of Marathon
transition issues and Regional Park concept. The following individuals addressed the Board: City
of Marathon Mayor Bob Miller~ Tom Wright, Marathon's representative on the County's Parks
& Recreation Advisory Board~ Ray Kitchener, representing the Marathon Chamber of Commerce;
and Jane Daniels, representing the Rotary Children's Playground. The Board took no official
action.
The Board discussed the Regional Park System in Monroe County.
COUNTY ADMINISTRATOR
Commissioner Williams discussed with the Board approval of the Fiscal Year 2002
Budget Calendar including dates for all Public Hearings. Mr. Roberts addressed the Board. After
discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson
that the first meeting for the month of July be held in Marathon as a Special Meeting in the
evening. Motion carried unanimously.
GROWTH MANAGEMENT
Timothy McGarry, Director of Growth Management discussed with the Board the draft
report on the ultimate fiscal cost and funding of the implementation of the Monroe County Year
2010 Comprehensive Plan.
Motion was made by Mayor Neugent and seconded by Commissioner Williams to adopt
the following Resolution transferring the remaining "coldspot" unknown systems list to the
Florida Department of Health (FDOH), providing that FDOH send letters to individuals on the
list, providing that such letters and accompanying information package be reviewed by the County
prior to mail out, and providing that letters should not be sent to Duck Key or Key Largo
property owners without specific additional approval from the BOCC. Motion carried
unanimously.
RESOLUTION NO. 532-2000
See Resolution BookNo. 45 which is incorporated herein by reference.
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2000/383
COUNTY ATTORNEY
Commissioner Nelson addressed the Board concerning adoption of a Resolution opposing
Federal Flood Insurance Mandates requiring opposing demolition of "downstairs enclosures" and
inviting renewed discussions with FEMA concerning its policy. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Nelson to approve the Resolution.
After consideration, the motion was amended by the maker with the second accepting to adopt
the following Resolution as revised.
A Resolution 6pp63iBg Federal Fl66d Ift3tlrMlee Maftdate3 reqtliriftg opposing demolition
of "downstairs enclosures" and inviting renewed discussions with FEMA concerning its policy.
Roll call vote was unanimous.
RESOLUTION NO. 533-2000
See Resolution Book No. 45 which is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Nelson discussed his item with the Board regarding approval to initiate
discussions with the Federal Emergency Management Agency for the purpose of reviewing the
FEMA Inspection Program and for the County to postpone the implementation of the program
for ninety days, until the new Commission can have an opportunity to review the program with
FEMA. Mr. McGarry addressed the Board. After discussion, motion was made by
Commissioner Nelson and seconded by Commissioner Spehar granting approval that the County
postpone the implementation of the program for ninety days, until the new Commission can have
an opportunity to review the program with FEMA. After consideration, the motion was amended
by the maker with the second accepting to also advertise for January 1,2001. Roll call vote was
unammous.
Commissioner Nelson discussed his item with the Board concerning a Request for the
County Commission to restate their position as to the Homestead Air Force Base redevelopment.
After discussion, motion was made by Commissioner Nelson and seconded by Commissioner
Spehar directing the County Attorney to draft a Resolution amending Resolution No. 36-2000
which reaffirms the Board's position in supporting the development alternatives of the
Homestead Air Force Base other than a Commercial Airport; and authorizing the Mayor to send a
letter to President Bill Clinton setting forth Monroe County's opposition to the development of
former Homestead Air Force Base as a commercial airport. Roll call vote was unanimous.
RESOLUTION NO. 495-2000
See Resolution Book No. 45 which is incorporated herein by reference.
Commissioner Williams discussed her item with the Board concerning discussion,
additions, and approval of shared goals for the 2001 Governing Season. The Board discussed the
written goals presented by Commissioner Williams, Commissioner Nelson, and Commissioner
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Spehar. After discussion, motion was made by Commissioner Williams and seconded by
Commissioner Nelson granting conceptual approval of the discussed goals with the formal
presentation to be made in Marathon. Motion carried unanimously.
Commissioner Nelson discussed his item with the Board concerning approval of the
Community Swimming Pool Lease Agreement between Monroe County and Upper Keys
Community Pool, Inc. Motion was made by Commissioner Nelson and seconded by
Commissioner Williams granting approval and authorizing execution of the item. Roll call vote
was unammous.
COUNTY ADMINISTRATOR
Mr. Roberts discussed his attendance along with Commissioner Williams at a Contlict
Resolution Meeting in Islamorada concerning the sharing of fund balances with the Village of
Islamorada and indicated that there will be a Special Board meeting called between the County
and Village.
Mr. Roberts discussed the Florida Keys Renaissance Fair utilizing the Florida Keys
Marathon Airport and a request for waiver offees.
Mr. Roberts discussed the Contlict Resolution process with the City of Marathon in
reference to the sharing of fund balances.
Mr. Roberts discussed problems with the event Christmas in the Park being held in Key
West at Higgs Beach sponsored by Helpline.
Mr. Roberts discussed the confirmation of the next Town Meeting to be held at Sugarloaf
School on January 23,2001 at 6:00 P.M.
Commissioner Nelson excused himself from the meeting.
Motion was made by Mayor Neugent and seconded by Commissioner Spehar appointing
the full Board to the Industrial Development Authority. Motion carried unanimously, with
Commissioner Nelson not present. Motion was made by Commissioner Williams and seconded by
Commissioner Spehar appointing Commissioner Nelson as the Chairperson and Commissioner
McCoy as the Vice Chairperson to the Industrial Development Authority. Motion carried
unanimously, with Commissioner Nelson not present.
Motion was made by Commissioner Williams and seconded by Commissioner Spehar
appointing Commissioner Nelson to serve with the Florida Commission on Veterans Affairs in a
statewide endeavor to establish a lasting tribute to those Floridians, past and present, who served
our Nation as members of the armed forces during World War II. Motion carried unanimously,
with Commissioner Nelson not present.
Commissioner Nelson returned to the meeting to the meeting.
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Motion was made by Commissioner Williams and seconded by Commissioner Spehar
granting approval and authorizing execution of an Extension of the Consulting Agreement
between Monroe County and Commonwealth Consulting Corporation for government relations,
planning, and public relations support activities. Motion carried unanimously. Mr. Roberts
addressed the Board.
TOURIST DEVELOPMENT COUNCIL
Mr. Roberts made a Public announcement of a vacant position on the Tourist
Development Council District V Advisory Committee for an "at large" appointment.
GROWTH MANAGEMENT
Mr. McGarry reported to the Board on a Comp Plan Policy for Commercial Moratorium.
Attorney Karen Cabanas of the firm Morgan & Hendrick referred the Board to the written
Growth Management Litigation Report, dated December 11, 2000.
There being no further business to go before the Board, the meeting was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
~~ Co. ~~0h\-1iv
Isabel C. DeSantis, Deputy Clerk
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2001 ORGANIZA nON FOR ROTATIONAL COMMISSIONER ATTENDANCE:
1. LIBRARY' AD\'ISQRY' BOARD
a. January - Williams (1/23 - Islamorada Library)
b. February - Spehar (2/27 - Key West Library)
c. March - Neugent (3/27 - Marathon EOC)
d. April - Nelson (4/24 - Key Largo Library)
e. May - McCoy (5/22 - Big Pine Library)
f. June - Williams (6/26 - Islamorada Library)
g. July - Spehar (7/24 - Key West Library)
h. August - Neugent (8/28 - Marathon Library)
l. September - Nelson (9/25 - Key Largo Library)
J. October - McCoy (10/23 -Big Pine Library)
k. November - Williams (11/27 -Islamorada Library)
1. December - Spehar (12/18 -Key West Library)
* At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to
the meeting area nearest them. All meetings begin at 10:30 AM.
2. OU>ER AMERICAN ADV1SORY BOARD
a. January - Williams
b. Pebruary - McCoy
c. March - Spehar
d, April - Neugent
e, May - Nelson
f. June - Williams
g. July - OAAB Vacation (cach year)
h. August - OAAB Vacation (each year)
1. September - OAAB Vacation (each year)
j. October - McCoy
k. November - Spehar
1. December - Neugent