11/21/2001 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
20011351
Regular Meeting
Board of County Commissioners
Wednesday, November 21,2001
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at
9:00 A.M., on the above date in the Key Largo Library. Present and answering to roll call were
Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, and Commissioner
Dixie Spehar. Commissioner George Neugent and Commissioner Nora Williams were absent.
Also present were Danny L. Kolhage, Clerk; James L. Roberts, County Administrator; James T.
Hendrick, County Attorney; County Staff, members of the press and radio; and the general
public.
All stood for the Invocation and Pledge of Allegiance.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Nelson
granting approval of the following items:
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and Leonard and Carol Lewis for property described as Lot 55 Block 8
and a Part of Tract B, Harbor Course South Section 4, Ocean Reef Plat 19, PB 7 Pg 54, Permit
Number 00-3-1627. The real estate number is 00573720-005500.
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and David Thompson for property described as Lots 5 & 6 Block 3
Unrecorded Plat of Ocean, Permit Number 99-3-1922. The real estate number is
00085440-000201 & 00085440-000202.
Board granted approval and authorized execution of an Amendment to the Letter of
Engagement between Monroe County and the law firm of Morgan and Hendrick for Land
Use-Growth Management representation to Monroe County for Fiscal Year 2000-2001 to
increase the yearly cap by $8,500.00.
Board granted approval and authorized execution of the Post Disaster Recovery &
Redevelopment Plan Agreement for Professional Services between Monroe County and
Analytica for the unincorporated areas of Monroe County.
Board granted approval and authorized execution of the State of Florida Department of
Transportation County Incentive Grant Program Agreement, Financial Project Number:
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410504-1-54-01, between Monroe County and the Department of Transportation and adopted the
following Resolution authorizing approval of same.
RESOLUTION NO. 470-2001
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution amending Resolution 364-1992 and any other
previous fee schedules inconsistent herewith, and amending the Planning Department Fee
Schedule to include fees for the review of Non-residential Rate of Growth Ordinance (NROGO)
applications, pursuant to Section 9.5-124.5(B) of the Monroe County Code.
RESOLUTION NO. 471-2001
Said Resolution is incorporated herein by reference.
Board granted approval for the transfer of two buildable lots from Key Largo Leisure
Enterprises, Inc. to Monroe County by Warranty Deed, Permit Number 01-3-0260, described as
Lots 8 & 9, Block 4, Ramrod Shores, Ramrod Key. The applicant is receiving a dwelling unit
allocation award for the year ending July 13,2002, has filed the document in accordance with
Ordinance No. 47-1999.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Funding Agreement between
Monroe County and Cuban American Heritage Festival, Inc. covering the Cuban American
Heritage Fishing Tournament on June 14-16,2002 in an amount not to exceed $5,000, FY 2002,
Two Penny Fishing Umbrella Funding.
Board granted approval and authorized execution of a Funding Agreement between
Monroe County and Sunny Keys Fishing Tournaments, Inc. covering the Key Largo Pilot House
Marina Fishing Tournament on April 26-28, 2002 in an amount not to exceed $2,500, FY 2002,
Two Penny Fishing Umbrella Funding.
Board granted approval and authorized execution of the Cultural Umbrella Agreement
between Monroe County and Monroe Council of the Arts Corporation d/b/a Florida Keys
Council of the Arts to act as a county wide Cultural Umbrella to make recommendations to the
Monroe County Tourist Development Council concerning funding for Tourism related Cultural
activities.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and Keys Communication Group Inc. d/b/a Key West Theatre Festival,
Inc. for the production of the 11 th Annual Key West Theatre Festival on June 20, 2002 - June 30,
2002 in an amount not to exceed $24,047, DAC I, FY 2002, Third Penny, Event Resources.
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Board granted approval and authorized execution of a Funding Agreement between
Monroe County and Barley's Bay Festival, Inc. on July 26-27,2002 in an amount not to exceed
$25,000, FY 2002, Two Penny Cultural Umbrella Funding.
Board granted approval to rescind the Grant of Funds Agreement between Monroe
County and Marathon Economic Development Council for the Boot Key Harbor and Marina
Lagoon Boardwalk Project.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the City of Marathon to allow for a change in scope of services, funding and
contractual wording.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution assigning to affordable housing all 39 annual
ROGO allocations restored by the Florida Administration Commission under Rule 28-20.100.
RESOLUTION NO. 472-2001
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
Growth Management Director Tim McGarry discussed with the Board the Big Pine Key
Habitat Conservation Plan and a possible agreement with the Department of Community Affairs
concerning traffic improvements on Big Pine Key. Jill Patterson addressed the Board concerning
Growth Management and funding for the Chesapeake Bay study group activities.
County Attorney James T. Hendrick referred the Board to the written Growth
Management Litigation Report from Attorney Karen K. Cabanas, dated November 14-15,2001.
Mr. Hendrick also discussed the decision in the case of Monroe County v. Post Buckley
which was favorable to Monroe County.
Mr. Hendrick advised the Board that he had received a letter from attorneys Greenman &
Manz concerning ROGO applications that were in the pipeline. After discussion, motion was
made by Commissioner Spehar and seconded by Commissioner Nelson directing that the
administrative interpretations of Section 9.5-122.3 will be applied prospectively and will not
apply to ROGO applications in the pipeline. Motion carried unanimously.
Mr. McGarry discussed with the Board Sunset Point Homeowner's Association interest in
leasing Sunset Point Park and Bay Drive beach access from the County. The following
individuals addressed the Board: Alice Allen, Lucy Given, David Asdourian, and Tom Moore.
The matter was referred to Commissioner Nelson for him to report back to the Board concerning
a possible solution.
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Kieran Mahoney addressed the Board. Mr. McGarry discussed with the Board the Citizen
Code Committee continuing involvement in the process to make comprehensive revisions to the
County's Land Development Regulations.
Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to
reopen the Agenda for the purpose of adding additional items. Motion carried unanimously.
Motion was made by Commissioner Nelson and Seconded by Commissioner Spehar to add items
G.l through G.4 to the Agenda and approve items G.2, G.3, and G.4 as follows:
Approval of Commissioner Neugent's appointment of Gordon West to the Citizens Code
Committee.
Adoption of the following Resolution certifying that the Habitat for Humanity ofthe
Upper Keys, Inc., program operating in the County of Monroe is consistent with the
Comprehensive Plan and the Land Development Regulations for the County, enabling Habitat for
Humanity of the Upper Keys, Inc., to participate in the State of Florida's Community
Improvement Act of 1980; Providing an effective date.
RESOLUTION NO. 473-2001
See Resolution is incorporated herein by reference.
Adoption of the following Resolution certifying that the Habitat for Humanity of the
Middle Keys, Inc., program operating in the County of Monroe is consistent with the
Comprehensive Plan and the Land Development Regulations for the County, enabling Habitat for
Humanity of the Middle Keys, Inc., to participate in the State of Florida's Community
Improvement Act of 1980; Providing an effective date.
RESOLUTION NO. 474-2001
See Resolution is incorporated herein by reference.
Motion carried unanimously.
Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to
add item G.5 to the Agenda. Motion carried unanimously. Motion was made by Commissioner
Spehar and seconded by Commissioner Nelson granting approval and authorizing execution of a
Tri-Party Agreement between the City of Marathon, Florida, the State Department of Community
Affairs, and Monroe County, Florida, concerning a portion of the 88 temporary exempt from
ROGO permits. Motion carried unanimously.
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board. Motion was made by Commissioner Spehar and
seconded by Commissioner Nelson to accept the report from the Florida Commission for the
Transportation Disadvantaged analyzing Monroe County's Social Service Transportation System.
Motion carried unanimously.
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PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending Chapter 15.5,
Monroe County Code to provide for the creation of a decentralized wastewater management
utility for the replacement of on-site wastewater treatment and disposal systems in Cesspool
Identification and Elimination Areas. ("Cold Spots"). Mr. McGarry addressed the Board.
Motion was made by Commissioner Spehar and seconded by Commissioner Spehar to table the
item. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Commissioner Nelson discussed the request for additional funding for preparation and
sinking of the Spiegal Grove. The following individuals addressed the Board: Charles Russell,
representing the Key Largo Chamber of Commerce; Stephen Frink, Rob Blesser, Spencer Slate,
Dave Whitney, Kevin Senecal, and Todd Firm. After discussion, motion was made by
Commissioner Spehar and seconded by Commissioner Nelson to adopt the following Resolution
to provide additional funding and support to complete the Spiegel Grove Artificial Reef Project.
Motion carried unanimously.
RESOLUTION NO. 475-2001
See Resolution is incorporated herein by reference.
COMMISSIONERS'ITEMS
Commissioner Nelson discussed his item with the Board concerning the Cuda Lane fence
installed by Key Largo Ocean Resorts. Mr. Hendrick addressed the Board. Motion was made by
Commissioner Nelson and seconded by Commissioner Spehar to table the item to the next
Marathon meeting. Motion carried unanimously.
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
..Qa.l.R.C.~~
Isabel C. DeSantis, eputy Clerk