02/22/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2001/64
Regular Meeting
Board of County Commissioners
Thursday, February 22,2001
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 and answering to roll call were
Commissioner Murray Nelson, Commissioner Dixie Spehar, Commissioner Nora Williams, and
Mayor George Neugent. Commissioner Charles "Sonny" McCoy arrived later in the meeting.
Also present were Danny L. Kolhage, Clerk; James Roberts, County Administrator; Suzanne
Hutton, Assistant County Attorney; County Staff, members of the press and radio; and the general
public.
All stood for the Invocation and Pledge of Allegiance.
ADDmONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Williams and seconded by Commissioner Nelson
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously, with Commissioner McCoy not present.
BULK APPROVALS
Motion was made by Commissioner Williams and seconded by Commissioner Spehar
granting approval of the following items:
Board granted approval for the transfer of three buildable lots from Warren Werling to
Monroe County by Warranty Deed, Permit Number 00-1-1643, described as Lots 6, 12 & 13,
Block 16, Sands Subdivision, Big Pine Key. The applicant receiving a dwelling unit allocation
award for the year ending July 13,2001, has filed the document in accordance with Ordinance
No. 47-1999.
Board adopted the following Resolution approving an exemption from the non-residential
permit allocation system pursuant to Policy 101.3.4 of the Monroe County Year 2010
Comprehensive Plan for the Rusk Corporation, Inc. for a 1,836 square foot 12-step meeting
facility. The property is located at mile marker 99.1 and is further described as Lots 5,6, 7, 8,
and 9, Block 14, Sunset Cove Subdivision, Key Largo, Monroe County, Florida. The land use
designation is suburban residential and the real estate numbers are 00505840.000000,
00505850.000000, 00505860.000000, 00505870.000000, and 00505880.000000.
RESOLUTION NO. 115-2001
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Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of the Florida Boating Improvement
Program Grant Agreement No. 00139 between Monroe County and the Florida Fish and Wildlife
Conservation Commission for funding of the Boot Key Harbor Mooring Field Project.
Board granted approval to seek bids for necessary field surveys and the installation of
moorings for the Boot Key Harbor Mooring Field Project.
Board granted approval of the expenditure of approximately $7,250 of Boating
Improvement Funds (BIF) to assist in the completion of the Socioeconomic Study underway
between NOAA, P~lm Beach, Broward, Dade, and Monroe Counties to study boater use of
natural and artificial reefs.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the installation of seven
informational signs and pilings, Boot Key Harbor, Marathon, Monroe County.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and American Underwater Contractors, Inc. for the installation of two regulatory
markers, Flamingo Isle area, Marathon, Monroe County.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and A.S.A.P., Inc. for emergency repair of channel markers #3 & #4 Windley
Key.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Blue Water Marine, Inc. for emergency removal ofDV3A3392 and
DV3A3397 located off of Key l:'-argo, Monroe County.
Board granted approval for the transfer of five buildable lots from E & T Oceanside
Investments, LLC, a Florida Corporation to Monroe County by Warranty Deeds, Permit Number
00-3-2650, described as Lots 6, 7 & 8, Block 1, Kinercha Subdivision, Big Pine Key; Lot 21,
Block 6, Revised Plat of Torch Key Estates, Little Torch Key; and Lot 9, Block 8, Revised Plat
of Torch Key Estates, Little Torch Key. The applicant receiving a dwelling unit allocation award
for the year ending July 13, 2001, has filed the document in accordance with Ordinance No.
47-1999.
Board granted approval for the transfer of four buildable lots from Peter & Donna
Norquoy to Monroe County by Warranty Deeds, Permit Number 00-1-4039, described as Lots 29
& 30, Block 4, Doctors Arm Subdivision 1st Addition, Big Pine Key; Lot 15, Block 5, Doctors
Arm Subdivision 1 st Addition, Big Pine Key; Lot 24, Block 18, Palm Villa, Big Pine Key; and
granted approval of a Lot Aggregation Restrictive Covenant from Peter & Donna Norquoy to
have one dwelling unit on contiguous lots, Permit Number 00-1-4039, described as Lots 22 & 23,
Block 5, Key Haven 10th Addijon, Raccoon Key. The applicants receiving a dwelling unit
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allocation award for the year ending July 13,2001 have filed the documents in accordance with
Ordinance No. 47-1999.
TOURIST DEVELOPMENT COUNCIL
Board granted approval to advertise Request for Bids for professional advertising agency
services for the Monroe County Tourist Development Council.
GROWTH MANAGEMENT
Board granted approval and authorized execution of a Stipulated Settlement Agreement,
Division of Administrative Hearings Case No. 99-2167GM, between Department of Community
Affairs, the petitioner and Monroe County, the respondent.
Board adopted the following Resolution supporting local efforts to seek Florida highway
designation for the Florida Keys Overseas Highway. (This item was reconsidered and adopted on
page 2001/69).
Motion carried unanimously, with Commissioner McCoy not present.
Commissioner McCoy arrived at the meeting.
MISCELLANEOUS BULK APPROVALS
The following individuals addressed the Board concerning approval to advertise an
Ordinance amending Section 8-30(B), Monroe County Code; requiring platted lots within
residential subdivisions to be mowed every three months except for lots acquired by public
agencies for resource and conservation purposes and lots within a subdivision with a land
management plan approved by the County; providing for repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
for an effective date: Joe Ambrose, representing Port Pine Heights Property Owner's Association;
Tom Meredith, Robert Schneider, representing the Big Pine Key Civic Association; and Heinz 1.
Kropp. After discussion, motion was made by Commissioner Williams and seconded by
Commissioner Nelson to approve the item. Roll call vote was unanimous.
Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to
table the adoption of a Resolution amending Resolution No. 229A-2000 in order to establish an
inspection fee for the Flood Inspection Program, to the Marathon meeting. Roll call vote was
unammous.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Williams and seconded by Commissioner Nelson to
table the Presentation of an Air Service Development Plan - Florida Keys Marathon Airport to the
meeting Marathon. Roll call vote was unanimous.
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Motion was made by Commissioner Williams and seconded by Mayor Neugent to not
approve the BOCC to request the County Attorney's Department to seek an Opinion of the
Attorney General for the State of Florida as it pertains to the permissibility of utilizing bed tax
dollars for water quality testing. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Nelson Yes
Commissioner Spehar No
Commissioner Williams Yes
Mayor Neugent Yes
Motion carried.
SOUNDING BOARD
James Roberts, County Administrator briefly discussed holding public workshops of
meetings to discuss options for the Fire Services in the Keys, as Andrew McBroom was not
present.
GROWTH MANAGEMENT
Timothy McGarry, Director of Growth Management gave a report and update on the Big
Pine Key Habitat Conservation Plan process.
James Hendrick, County Attorney discussed Shaddick, Post Buckley, and Schwartz and
gave a report on a Growth Management seminar that he attended in Orlando. The Board
discussed the pending Key Largo Wastewater litigation and gave direction to the County Attorney
to proceed with that litigation as quickly as possible.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance approving the request
filed by the Planning Department to amend the Affordable Housing Criteria in Monroe
County Land Development Regulations Sections 122.3.(6),9.5-266 (a)(3), 9.5-266 (a)(4), and
9.5-266 (a)(4) a.; Deletion of Sections 9.5-266 (a)(4) b., 9.5-266 (a)(4) d., 9.5-266 (a)(4) g., and
9.5-266 (a)(4) h., Renumbering of and Amendment to Sections 9.5-266 (a)(4) e., 9.5-266 (a)(4)
d.; and Creation of new Sections 9.5-266 (a)(4) b., 9.5-266 (a)(5), and 9.5-266 (a)(6) to expand
the eligibility for qualifying for Affordable Housing ROGO Allocations to include very-low to
medium income households who do not meet the requirement of at least seventy percent (70%) of
their annual household earnings from employment in Monroe County. Mr. McGarry addressed
the Board. There was no public input. After discussion, motion was made by Commissioner
Williams and seconded by Commissioner McCoy to adopt the following Ordinance. Roll call vote
was unammous.
ORDINANCE NO. 006-2001
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Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held to consider a Future Land Use Map and
Land Use District Map Amendments proposed by the Monroe County Planning Department. This
will change the Future Land Use designation from Residential High (RH) to Mixed
Use/Commercial (MU) and change the Zoning from Urban Residential Mobil Home (URM) to
Sub Urban Commercial (SC), for properties describes as Lots 11, 12,27, and 30, Block 2,
Section 6, Township 62 South, Range 39 East, approximate mile marker 97. The following
individual addressed the Board: Sam Stoya. Motion was made by Commissioner Williams and
seconded by Mayor Neugent to adopt the Ordinance with an amendment to limit the change to
that portion of the property fronting on US 1. During discussion, the motion was withdrawn.
Motion was then made by Commissioner Williams and seconded by Commissioner Spehar to
continue this item to the next meeting in 'Marathon. Motion carried unanimously.
The second of two Public Hearings was held to consider a Future Land Use Map and a
Land Use District Map Amendment for property owned by Clinton E. Miller. These amendments
will change the Future Land Use designation from Mixed Use/Commercial (MC) to Residential
Medium (RM) and change the zoning from Suburban Commercial (SC) to Improved Subdivision
(IS). These changes are for 2 properties described as Lots 5, 6, and adjacent Bay Bottom, in
Section 14, Township 62 South, Range 39 East, in Re-Sub Seaside Subdivision, Key Largo
Florida, approximate mile marker, 94.5. There was no public input. Motion was made by
Commissioner Nelson and seconded by Commissioner McCoy to adopt the following two
Ordinances:
Ordinance approving a request by Clinton Miller to amend the Future Land Use Map
from mixed use commercial (MC) to residential medium (RM) for properties described as Lots 5
& 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key Largo, located in Section 14,
Township 62, Range 38, at approximately mile marker 94.5.
Ordinance approving the request by Clinton Miller to amend the Land Use District
(Zoning) Map from suburban commercial (SC) to improved subdivision (IS) for properties
described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key Largo, located
in Section 14, Township 62, Range 38, at approximately mile marker 94.5. Roll call vote was
unanimous.
ORDINANCE NO. 007-2001
ORDINANCE NO. 008-2001
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held to consider a Future Land Use Map and
Land Use District Map Amendment proposed by the Monroe County Planning Department.
These amendments will change the future land use designation from Mixed Use/Commercial
(MC) to Residential Medium (RM) and change the zoning from Recreational Vehicle (R V) to
Improved Subdivision (IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Key Largo,
located in Section 14, Township 62 South, Range 38 East, approximate mile marker 95. There
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was no public input. Motion was made by Commissioner Williams and seconded by
Commissioner Spehar to adopt the following two Ordinances:
Ordinance approving the request to amend the Future Land Use Map from mixed use
commercial (MC) to residential medium (RM) for 21 properties in Blocks 1 & 2 of Seaside
Subdivision Addition 1 and Block 3 of Seaside Subdivision, Key Largo, located in Section 14,
Township 62 South, Range 38 East, at mile marker 95.
Ordinance approving the request by Monroe County to amend the Land Use District
(Zoning) Map from recreational vehicle district (R V) to improved subdivision district (IS) for 21
properties in Blocks 1 & 2 of Seaside Subdivision Addition 1 and Block 3 of Seaside Subdivision,
Key Largo, located in Section 14, Township 62 South, Range 38 East, at mile marker 95. Roll
call vote was unanimous.
ORDINANCE NO. 009-2001
ORDINANCE NO. 010-2001
Said Ordinance is incorporated herein by reference.
The second of two Public Hearings was held concerning adoption of an Ordinance
adopting an amendment to the Monroe County Year 2010 Comprehensive Plan adding Objective
101.20 and Policy 101.20.1 consisting ofa Livable Communikeys Element including principles for
the development of local community plans. Mr. McGarry addressed the Board. There was no
public input. Motion was made by Commissioner Nelson and seconded by Commissioner McCoy
to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 011-2001
Said Ordinance is incorporated herein by reference.
GROWTH MANAGEMENT
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to
reconsider Agenda item F4 previously approved in bulk. Roll call vote was unanimous. Jerry
Wilkinson addressed the Board. Motion was made by Commissioner Williams and seconded by
Commissioner Spehar to adopt the following Resolution supporting local efforts to seek Florida
Scenic Highway designation for the Florida Keys Overseas Highway. Motion carried
unanimously.
RESOLUTION NO. 116-2001
Said Resolution is incorporated herein by reference.
Motion was made by Commissioner Williams and seconded by Commissioner Nelson to
approve the recommendations from the Technical Advisory Committee to enter into Contract
negotiations with the firm ofLawGibb to complete the Master Plan for Improving Water Quality
in Residential Canals in the Florida Keys. Roll call vote was. unanimous.
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COMMISSIONERS' ITEMS
Motion was made by Commissioner Williams and seconded by Commissioner Spehar to
adopt the following Resolution directing the Staff of Growth Management to defer the processing
of development permit applications for communication towers in excess of 100 feet in height until
the adoption by the County Commission of an amendment to the Monroe County Land
Development Regulations concerning such towers or the passage of 180 days, whichever occurs
first. Roll call vote was unanimous.
RESOLUTION NO. 117-2001
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and
seconded by Commissioner Nelson granting approval to schedule a Special Meeting of the Board
of County Commissioners to continue discussions and decisions concerning reorganization of the
County government. Roll call vote was unanimous.
Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and
seconded by Commissioner Nelson granting approval to conduct an Operational Study of the
Monroe County Social Services Transportation Department and the County Community
Transportation Coordinator (CTC), Marathon G.uidance Clinic by the Florida Commission for the
Transportation Disadvantaged (FCTD) in Tallahassee. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Williams and seconded by Commissioner Nelson to
approve a letter requesting that the Miami-Dade Commission support the U.S. Air Force Record
of Decision regarding the mixed use development of the Homestead Air Force Base land, which
denies development of a commercial airport, and asking the Miami-Dade Commission to join in a
lawsuit against the decision asking that the concerns of our citizenry be considered in coming to
any decision on that matter. Roll call vote was unanimous. Board discussed the positions on the
18 Mile Stretch. The Board took no official action. '
Commissioner Williams discussed her item regarding conceptual approval of a long-term
approach to Monroe County land use. The Board took no official action.
COUNTY ATTORNEY
Motion was made by Mayor Neugent and.seconded by Commissioner Nelson to adopt the
following Resolution requesting that the U.S. Congress pass Legislation prohibiting FEMA from
requiring the demolition of an inhabitable portion of a structure below the base flood elevation
level as a condition of obtaining FEMA sponsored flood insurance and allowing FEMA to
withhold insurance coverage for the inhabitable portion of the structure below the base flood
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elevation level and providing that a certified copy of this Resolution be sent to u.s. Senators Bob
Graham, Bill Nelson and U.S. Representative Peter Deutsch. Roll call vote was unanimous.
RESOLUTION NO. 118-2001
Said Resolution is incorporated herein by reference.
Commissioner Nelson discussed approval to advertise an Ordinance creating Chapter 2.4,
Monroe County Code, in order to require that the residents of structures built below base flood
elevation register with the Monroe County Office of Emergency Management; that when a
tropical storm threatens the Florida Keys the County Administrator may order such residents to
evacuate the Florida Keys; providing that if such an evacuation is ordered, the Office of
Emergency Management shall endeavor to contact the residents and notify them of the evacuation
order; 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. The Board took no official action.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Williams and seconded by Commissioner Spehar to
appoint Jim Clupper to the Historic Preservation Commission, replacing David Harum who has
resigned. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Nelson No
Commissioner Spehar Yes
Commissioner Williams Yes
Mayor Neugent No
Motion carried.
Motion was made by Commissioner Williams and seconded by Commissioner Nelson to
appoint Cynthia McKnight to the Florida Keys Council for People with Disabilities, replacing
Annette Dixon who's term has expired. Roll call vote was taken with the following results:
Commissioner McCoy Yes
Commissioner Nelson Yes
Commissioner Spehar Yes
Commissioner Williams Yes
Mayor Neugent ' No
Motion carried.
Mayor Neugent excused himself from the meeting.
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Mr. Roberts addressed the Board. Motion was made by Commissioner Spehar and
seconded by Commissioner Nelson approving confirmation of a Special Board of County
Commissioners meeting to be held on March 13,2001 at +G:OO 9:00 a.m. at the Marathon
Government Center concerning Monroe County employees and retirees group benefits and budget
discussions. Roll call vote was unanimous, with Mayor Neugent not present.
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
Jl~Q. ~~
Isabel C. DeSantis, Deputy Clerk