04/19/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2001/127
Regular Meeting
Board of County Commissioners
Thursday, April 19, 2001
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 AM., on the above date at the Harvey Government Center at Historic Truman School.
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 James Roberts, County Administrator; Karen Cabanas, Assistant
County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff,
members ofthe 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 Williams and seconded by Commissioner Spehar
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
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 Richard Klepper to
Monroe County by Warranty Deeds, Permit Number 99-1-2430, described as Lots 2 & 3, Block
L, Pine Heights Subdivision, Big Pine Key, and Permit Number 99-1-2430, described as Lot 5,
Block 12, Eden Pines Colony, 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 granted approval for the transfer of two buildable lots from Dean G. & Lauren L.
Thompson and Edward & Petra M. Sanchez to Monroe County by Warranty Deeds, Permit
Number 00-1-3921, described as Lot 6, Block 22, Port Pine Heights 2nd Addition, Big Pine Key,
and Permit Number 00-1-2882, described as Lot 4, Block 5, Cutthroat Harbor Estates, Cudjoe
Key. The applicants receiving dwelling unit allocation awards for the year ending July 13, 2001,
have filed the documents in accordance with Ordinance No. 47-1999.
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Board granted approval for the transfer of two buildable lots from Dwight Skidmore for
Paul Smith to Monroe County by Warranty Deeds, Permit Number 00-1-4047, described as Lot
4, Block 49, Port Pine Heights 2nd Addition, Big Pine Key, and Lot 23, Block 15, Palm Villa, Big
Pine Key. The applicant receiving dwelling unit allocation award for the year ending July 13,
2001, has filed the documents in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of one buildable lot from James T. and Jeanne M.
Johnson to Monroe County by Warranty Deed, Permit Number 00-1-4462, described as Lot 1,
Block 32, Palm Villa, Big Pine Key. The applicants receiving a dwelling unit allocation award for
the year ending July 13,2001, have filed the document in accordance with Ordinance No.
47-1999.
Board granted approval for the transfer of one buildable lot from Todd M. and Alicia
Oropeza to Monroe County by Warranty Deed, Permit Number 00-1-2636, described as Lot 6,
Block 40, Sands Subdivision, Big Pine Key. The applicants receiving a dwelling unit allocation
award for the year ending July 13,2001, have filed the document in accordance with Ordinance
No. 47-1999.
Board granted approval for the transfer of one buildable lot from Thomas and Sharon
West to Monroe County by Warranty Deed, Permit Number 00-3-3249, described as Lot 11,
Block 11, Ramrod Shores First Addition, Ramrod Key. The applicants receiving a dwelling unit
allocation award for the year ending July 13, 2001, have filed the document in accordance with
Ordinance No. 47-1999.
Board granted approval for a Lot Aggregation Restrictive Covenant from James and
Diane B. Tyree to have one dwelling unit on contiguous lots, Permit Number 00-3-5342,
described as Lots 7 & 8, Block 2, Winston Park, Key Largo. The applicants receiving one
dwelling unit allocation award for the year ending July 13,2001, have filed the document in
accordance with Ordinance No. 47-1999.
Board granted approval for a Lot Aggregation Restrictive Covenant from Chad W. Ellis
to have one dwelling unit on contiguous lots, Permit Number 00-3-5270, described as Lots 1 & 2,
Block 6, Bahia Mar Estates, Key Largo. The applicant receiving one 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 a Lot Aggregation Restrictive Covenant from Maria
Fernandez to have one dwelling unit on contiguous lots, Permit Number 00-1-2318, described as
Lots 75 & 76, Ramrod Shores 2nd Addition, Ramrod Key. The applicant receiving one 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 and authorized execution of a Grant of Conservation Easement
between Monroe County and Louis & Onilda Pouza, Permit Number 92-3-6426 and accessories
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Permit Number 01-3-168, for property described as Lots 34 & 35, Block 2, Harris Ocean Park
Estates. The real estate numbers are 00447490-000000 and 00447480-000000.
Board granted approval and authorized execution of a Contract Amendment between
Monroe County and American Underwater Contractors for the Matecumbe/Safety Harbor
Project.
Board granted approval and authorized execution of a Contract Agreement between
Monroe County and Spirit Marine Towing & Assistance for the emergency removal of
DV3A3399 located off of Big Pine Key, Monroe County.
Board granted approval and authorized execution of Amendment No.1 to Contract No.
WM739 between Monroe County and the Florida Department of Environmental Protection to
complete the Stormwater Management Master Plan.
Board granted approval of a request by Frank Toppino for a floodplain variance to section
9.5-317(3)b.(i) in order to construct a 2000 square foot Quonset hut below base flood elevation
to house construction and debris at the Rockland Solid Waste Transfer Station.
Board granted approval and authorized execution of Amendment #3 to Agreement
between Monroe County and URS Corporation Southern for transportation services under the
current FDOT-Monroe County Joint Participation Agreement replacing the previously submitted
amendment to correct scrivener's error.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Key West Tourist Development Association for the production of
Fantasy Fest on October 19-28, 2001 in an amount not to exceed $85,000, DAC I and $5,000,
DAC II, FY 2001, Third Penny.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and Stuart Newman Associates, Inc. to exercise option to extend current
Agreement for one additional year.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Friends of Mallory Square to terminate on September 30, 2002 for
the implementation of bricks at the Key West Sculpture Garden.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Dolphin Research Center to extend Agreement through to
September 30, 2002 for installation of a composting toilet with privacy structure.
Board granted approval and authorized execution of an Agreement for Gay & Lesbian
Visitor Information Services between Monroe County and the Key West Business Guild to
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provide Visitor Information Services which promote gay and lesbian tourism commencing April 1,
2001 and terminating on September 30,2002, in an amount not to exceed $20,000 per year, DAC
I, Third Penny.
Board adopted the following Resolution transferring funds (from District I Third Penny
Promotion and Advertising to District I Third Penny Gay & Lesbian Visitor Information
Services).
RESOLUTION NO. 177-2001
Said Resolution is incorporated herein by reference.
Board granted approval to amend a scrivener's error to a TDC policy to allow the general
non-allocated section of an Umbrella event budget to be utilized for unforeseen permissible
expenditures and for those budget lines that may require additional funds. This policy will be
retroactive to October 1,2000.
Board granted approval and authorized execution of a Grant of Funds between Monroe
County and Florida Keys Land and Sea Trust for the Tidal Lagoon/Marine Habitat Restoration
Project in an amount not to exceed $22,500, DAC III, Capital Resources.
Board granted approval and authorized execution of Destination Events Agreement
between Monroe County and Keys Communication Group, Inc. for the production of the 10th
Annual Key West Theatre Festival on June 28 - July 8, 2001 in an amount not to exceed $45,000,
DAC I, FY 2001, Third Penny, Event Resources.
Board granted approval and authorized execution of an Amendment to Agreement and
revised Exhibit A between Monroe County and Holiday Inn and Sunny Keys Fishing
Tournaments, Inc. for the production of the Key Largo Dolphin Tournament on April 27-29,
2001.
Board granted approval and authorized execution of a three (3) year Non-Disclosure
Agreement between Monroe County and AT&T to provide Long Distance Telephone Service to
the Monroe County Tourist Development Council.
COMMISSIONERS' ITEMS
Board granted approval of Mayor Neugent's appointment of David Ritz to the Planning
Commission with term to expire September 1, 2001, fulfilling Scott Marr's term.
Board adopted the following Resolution certifying that the Monroe County Senior
Community Service Employment Program has successfully operated in Monroe County since
1978, and is currently in jeopardy.
RESOLUTION NO. 178-2001
Said Resolution is incorporated herein by reference.
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DIVISION OF GROWTH MANAGEMENT
Board granted approval to procure services in accordance with the Monroe County
Purchasing Policy for necessary bathymetric surveys and for the installation of mooring buoys in
Boot Key Harbor. This item is clarification concerning Bulk Item B5 from February 222001
BOCC meeting.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Timothy McGarry, Director Growth Management addressed the Board. Motion was
made by Commissioner Nelson and seconded by Mayor 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. Motion carried unanimously.
RESOLUTION NO. 179-2001
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
County Administrator James Roberts made a public announcement of a vacant position on
the Tourist Development Council IV Advisory Committee for an "at large" appointment.
DIVISION OF GROWTH MANAGEMENT
Mr. McGarry reported to the Board on an RFP for consultant services to evaluate the
permitting process.
Mr. McGarry disseminated copies of the draft work force housing program and discussed
the status of the Proposed Program for '201' ROGO Affordable Housing Units.
Mr. McGarry followed-up on a potential Big Pine Key park and recreation sites.
Executive Director of the Monroe County Land Authority, Mark Rosch addressed the Board.
Mr. McGarry discussed the previously approved Development Agreement concerning the
Key West Oceanside Marina project and that the County had received a check for $26,400 as part
of the agreement.
Mr. McGarry discussed the Non-Residential rate of Growth Ordinance and the draft
report on the cost of the comprehensive plan.
Assistant, County Attorney Karen Cabanas referred the Board to the Growth Management
Litigation Report dated April 18-19, 2001. Ms. Cabanas also discussed the Shadek case and the
new case oflndustrial Communications Electronics for the Cudjoe Tower.
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COUNTY ADMINISTRATOR
Mr. Roberts discussed with the Board appropriate action in reference to Representative
Sorensen's invitation to attend a meeting in Tallahassee to discuss a strategy for the use of
pending federal wastewater and stormwater funds. The Board postponed the item to later in the
meeting.
PUBLIC HEARINGS
A Public Hearing was held to adopt an Ordinance concerning the request by the Board of
County Commissioners to amend the text Section 9.5-309 (fences) ofthe Land Development
Regulations; Providing for the Severability; Providing for the repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County Code of Ordinances; and directing
the Clerk of the Court of the Board to forward a certified copy of the Ordinance to the Florida
Department of Community Affairs and providing an effective date. Mr. McGarry addressed the
Board. There was no public input. Motion was made by Commissioner Spehar and seconded by
Commissioner Nelson to adopt the following Ordinance. Roll call vote was taken with the
following results:
Commissioner McCoy Yes
Commissioner Nelson Yes
Commissioner Spehar Yes
Commissioner Williams No
Mayor Neugent Yes
Motion carried.
ORDINANCE NO. 020-2001
Said Ordinance is incorporated herein by reference
COMMISSIONERS' ITEMS
The Board discussed the Regional Park System. No official action was taken.
The Board also discussed approval of an agreement with the City of Marathon concerning
the Florida Keys Marina and bay bottom at Boot Key Harbor; the Marathon Community Park,
and the Marathon Yacht Club and bay bottom. These issues were referred to Commissioner
Williams as the Board representative.
Mr. Roberts discussed status of the contract with the City of Marathon for emergency
medical services and a request from the City of Marathon for Monroe County to take over their
enforcement services. Councilman Frank Greenman, with the City of Marathon addressed the
Board.
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DIVISION OF GROWTH MANAGEMENT
Karen Cabanas, Assistant County Attorney discussed with the Board approval of a
proposed settlement agreement for Taxpayers for the Electrification of No Name Key, Inc., et. al.
v. Monroe County and City Electric System, Case No. 99-819-CA-18 (Fla. 16th Cir. Ct.),
allowing for the extension of commercial electric service to the existing lawfully constructed
homes on No Name Key. The following individuals addressed the Board: Franklin D. Greenman,
Attorney for Taxpayers for Electrification of No Name Key; Mick Putney, Alicia Putney,
Jeannette Gato, representing No Name Key Residents Against Commercial Power; Cory Lindy, J.
A Wernsen, Rob Barber, Jane Sprenger Wallace, Kirk Wiederecht, Harry Wallis, David Eaken,
Daryl Miller, and Ruth Eaken, representing Taxpayers for Electrification of No Name Key;
Petronella Benton, Bob Banton, Attorney Richard Grosso, representing Dr. Snell and Alicia
Putney; Lenore Lohr, John F. Lohr, Frank Atwell, Karen Jeanneret-Druckman, Tonig Harlacher,
Elizabeth Harlacher, Stu Garrison, Faye T. Daniels, Walter Keske, Rebecca Jetton, representing
the Department of Community Affairs; and Larry Sullivan, representing the Big Pine Key Civic
Association. After discussion, motion was made by Commissioner Williams and seconded by
Commissioner Spehar to reject the proposed settlement agreement. Roll call vote was
unarumous.
Commissioner Nelson excused himself from the meeting. Motion was made by
Commissioner Spehar and seconded by Commissioner Williams directing Staff to bring back to
the Board for approval the creation of a zoning overlay district designation of off-grid
encompassing all properties within the boundaries of No Name Key; and also, to address or
change the other issues that clearly caused confusion today. Ms. Cabanas addressed the Board.
Roll call vote was unanimous, with Commissioner Nelson not present.
Commissioner Nelson returned to the meeting.
Motion was made by Mayor Neugent and seconded by Commissioner Spehar granting
approval of the proposed settlement agreement for Max D. Puyanic, as Trustee for Trust No. 201
v. Monroe County and Joseph Paskalik, Case No. CAP-00-601 (Fla. 16th Cir. Ct.), allowing the
issuance of building permits to Plaintiff for the Tavernier Town Shopping Center upon payment of
fees buy Plaintiff. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
The Board discussed Representative Sorensen's letter concerning an invitation to attend a
meeting in Tallahassee to discuss a strategy for the use of pending federal wastewater and
stormwater funds. The Board took no official action.
SOUNDING BOARD
Jeff Delisle, representing the International Association of Firefighters addressed the Board
concerning issues relating to the fire service which have a direct bearing on the restructuring of
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the Public Safety Division. The following individuals addressed the Board: Orin Opperman, and
Brian Carman.
DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors for District # 1 Lower and Middle Keys Fire and Ambulance
District convened. Present and answering the roll call were Commissioner Murray Nelson, Mayor
George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and Chairperson
Yvonne Harper.
Reggie Paros, Director Public Safety addressed the Board concerning Fire Departments,
Municipal Service Taxing Districts and volunteer emergency responders. The following
individuals addressed the Board: John Rolli, representing the SugarloafKey Volunteer Fire
Department; Scott H. Young, representing the Big Coppitt Volunteer Fire Department; Keith
Courtner, representing the Tavernier Volunteer Fire Department addressed the Board. The Board
took no official action.
There being no further business, the meeting of the Board of Governors of District #1
Lower and Middle Keys Fire and Ambulance District adjourned.
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The Board of County Commissioners reconvened with all Commissioners present.
COUNTY ADMINISTRATOR
Mr. Roberts, Mr. Paros, and the Board discussed reorganization of the Division of Public
Safety. The following individuals addressed the Board: John Rolli, representing the Sugarloaf
Key Volunteer Fire Department; Scott H. Young, representing the Big Coppitt Volunteer Fire
Department; Keith Courtner, representing the Tavernier Volunteer Fire Department addressed the
Board. Motion was made by Commissioner Williams and seconded by Mayor Neugent authoring
the County Administrator to move forward on the reorganization of the Division of Public Safety
in accordance with the Organization chart shown on page 18 on the documentation submitted by
the County Administrator entitled, "Proposed Reorganization of Remaining Public Safety
Division Functions". Roll call vote was unanimous.
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
~c::~
Isabel C. DeSantis, Deputy Clerk