02/14/2002 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Thursday, February 14, 2002
Key Largo, Florida
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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 George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and
Mayor Charles "Sonny" McCoy. Commissioner Murray Nelson was not present. Also present
were Danny L. Kolhage, Clerk; James Roberts, County Administrator; James Hendrick, County
Attorney; 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 Neugent and seconded by Commissioner Williams
granting approval of the additions, corrections and deletions to the Agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Spehar and seconded by Commissioner Williams
granting approval of the following items:
Board granted approval and authorized execution of a Grant of Conservation Easement
between Monroe County and FFIR, LLC, Permit No. 00-3-1996, for property described as Lot
28, Block 3, Harbor Course South Section 4, real estate number 00573670-002800.
Board granted approval for the transfer of one buildable lot from Jeffrey D. Shimer and
Denise M. Kahler to Monroe County by Warranty Deed, Permit No. 00-1-3725, for property
described as Lot 6, Block 2, Doctors Arm Subdivision, real estate number 00310560.000000.
The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002,
have filed the document in accordance with Ordinance No. 47-1999.
Board granted approval for the transfer of four buildable lots from Orestes and Celeste M.
Casariego to Monroe County by Warranty Deed, Permit No. 01-3-1058, for property described as
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Lots 1, 2, 3, and 4, Block 5, of Ramrod Shores, real estate numbers 00207590.000000,
00207600.000000, 002076 10. 000000, and 00207620.000000. The applicants are receiving a
dwelling unit allocation award for the year ending July 13, 2002, have filed the document in
accordance with Ordinance No. 47-1999.
Board granted approval of a Lot Aggregation Restrictive Covenant from Thomas E. &
Shawn M. Dudley, Permit No. 01-3-2442, for property described as Lots 13, 14, 15 & 16, Block
7, Anglers Park Subdivision, Key Largo, real estate numbers 00562150.000000,
00562160.000000, 00562170.000000, and 00562180.000000. 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 the transfer of four buildable lots from South Florida Equity
Group, LLC for Anthony DeRosa to Monroe County by Warranty Deeds, Permit No. 00-3-0668,
for properties described as Lots 3A & 4A, Block 4, of Ramrod Shores, real estate numbers
00207450-000000, and 00207460-000000; Lot 9 of Roger Lowes Subdivision, Big Pine Key, real
estate number 00247380-000000; and Lot 27, Block 5, of Ramrod Shores Marina, real estate
number 00210811-007300. 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.
Board granted approval and authorized execution of Amendment #4 to Agreement
between Monroe County and URS Corporation Southern, dated March 3, 1997, for provision of
transportation services under the current Contract, amending the maximum compensation
available to the Consultant under this Agreement to $595,000.00.
Board granted approval and authorized execution of a Memorandum of Agreement
between Monroe County and the Florida Department of Environmental Protection to design and
construct Safety Improvements for the existing sections of the Florida Keys Overseas Heritage
Trail.
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 Sugarloaf Baptist Church. The property is located on Crane
Boulevard on Upper Sugarloaf Key, at approximate mile marker 19.5, and further described as
part of Government Lot 3, Section 36, Township 66 South, Range 27 East, Upper Sugarloaf Key,
Monroe County, Florida and the real estate number is 0118080-000000.
RESOLUTION NO. 088-2002
Said Resolution is incorporated herein by reference.
Board adopted the following Resolution recommending approval for 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 Island Dolphin Care Facility. The property is at
approximately mile marker 100 and is described as Block 9, Lots 11-14; Key Largo Ocean Shores
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Subdivision, Key Largo, Monroe County, Florida. The land use designation is suburban
residential (SR) and improved subdivision (IS) and the real estate number is 00499500.000000.
RESOLUTION NO. 089-2002
Said Resolution is incorporated herein by reference.
Board granted approval and authorized execution of a Coastal Impact Assistance Program
Award between Monroe County and the United States Department of Commerce, National
Oceanic and Atmospheric Administration (NOAA), to complete a Mooring Field Implementation
Plan and a Habitat Restoration Plan.
Board granted approval for one Lot Aggregation Restrictive Covenant from Nora Jones
and Warren Culver, Permit No. 01-1-1518, for property described as Lots 34 & 3 5, Orchid Park,
Sugarloaf Key, real estate numbers 00166977.003400, and 00166977.003500; and the transfer of
one buildable lot from Nora Jones and Warren Culver to Monroe County by Warranty Deed,
Permit No. 01-1-1518, for property described as Lot 2, Block 8, Eden Pines Colony First
Addition, real estate number 00269990.000000. The applicants receiving one dwelling unit
allocation award for the year ending July 13, 2002, have filed the documents in accordance with
Ordinance No. 47-1999.
Board granted approval for a Single Family Residence Restrictive Covenant for Anne
Shaver, Permit No. 02-1-0110, described as Lots 67 and 68, Sugarloaf Shores Section "C",
Sugarloaf Key, real estate numbers 00 166490. 000000 and 00 166480. 000000, to have one single
family residence and a guest house on the contiguous lots.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Florida Keys Corvette Club covering the 9th Annual Corvettes In
Paradise Show on November 2, 2002 in an amount not to exceed $5,000, DAC IV, FY 2002,
Third Penny, Event Resources.
Board granted approval to rescind the Funding Agreement between Monroe County and
Pursuit Boat Company for the January 10-12, 2002 Pursuit Grady White Sailfish Tournament,
due to cancellation of event (approved at the October 18, 2001 meeting).
Board granted approval to rescind the Funding Agreement between Monroe County and
Florida Keys Renaissance Faire, Inc. covering the Florida Keys Renaissance Faire XVIII on
January 19-21, 2002, due to cancellation of the event (approved at the October 18, 2001
meeting).
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Islamorada, Village of Islands allowing for an extension to
Agreement for the Library Beach Project in an amount not to exceed $22,500, DAC IV Capital
Resources.
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Board granted approval and authorized execution of a Turn Key Events Agreement
between Monroe County and Key West Tourist Development Association covering Fantasy Fest
on October 18-27, 2002 in an amount not to exceed $90,000, DAC I, FY 2002, Third Penny,
Event Resources and $5,000, DAC II, FY 2002, Third Penny, Event Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Islamorada, Village of Islands allowing for an extension to
Agreement for the Hurricane Monument Improvement Project in an amount not to exceed
$49,378, DAC IV Capital Resources.
Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Islamorada, Village of Islands allowing for an extension to
Agreement for the Anne's Beach Project in an amount not to exceed $124,500, DAC IV Capital
Resources.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the City of Key West to extend their Agreement for the White Street Pier
Handrail Project until March 30, 2002.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the Florida Keys Land and Sea Trust to extend Agreement until February 28,
2002.
Board granted approval and authorized execution of an Addendum to Agreement between
Monroe County and the City of Key West to extend their Agreement for the Seminole Avenue
Beach Enhancement Project until May 30, 2002.
Board granted approval and authorized execution of a Destination Events Agreement
between Monroe County and the Gay and Lesbian Community Center covering Pridefest 2002 on
May 31 - June 9, 2002 in an amount not to exceed $10,000, DAC I, FY 2002, Third Penny, Event
Resources.
Board granted approval and authorized execution of the Seventh Amendment to
Agreement between Monroe County and the Legendary Key Largo Chamber of Commerce for an
appropriation of an additional $300,000 of District V tourist development funds to be applied to
the Spiegel Grove Project.
COUNTY ADMINISTRATOR
Board adopted the following Resolution accepting a grant for the Upper Keys Community
Pool Project.
RESOLUTION NO. 090-2002
Said Resolution is incorporated herein by reference.
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Board adopted the following joint Resolution of the Monroe County Board of County
Commissioners and the Florida Keys Aqueduct Authority relating to the provision of wastewater
facilities in the Key Largo area of Monroe County, Florida; providing for a commitment to the
Federal Emergency Management Agency in order to preserve and secure certain grant funding for
wastewater project(s) in the Key Largo area providing for matching funding by Monroe County;
providing for reimbursements by Monroe County to the Florida Keys Aqueduct Authority;
providing for the development of a critical events schedule acceptable to Federal Emergency
Management Agency in order to implement a wastewater project in the Key Largo area; providing
that this joint Resolution be deemed an Interlocal Agreement pursuant to Section 163.01, Florida
Statutes; providing for severability; and providing for an effective date.
RESOLUTION NO. 093-2002
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board granted approval and authorized execution of a Modification to Contract No.
01-DR-16-11-54-01-001, Modification No. 2, between Monroe County and the Department of
Community Affairs outlining the levels of funding available for centralized system construction in
cold spots, changes the contract expirations date, changes the completion reports due date, and
modifies the due date of the canal study.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to
reappoint Captain Rick Dumiak to the "at large" appointment of the TDC District IV Advisory
Committee, and requested the TDC to return with a definition for "at large" appointments to the
District Advisory Committees which excludes candidates from lodging and tourism related
industries. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Timothy McGarry, Growth Management Division Director discussed Big Pine Key HCP
and a draft permit process for incidental taking, a meeting concerning the Tradewinds Project and
an ongoing revision to County fee schedules.
Commissioner Williams discussed the status and process of the Carrying Capacity Study
and pending no discharge zone regulations.
Motion was made by Commissioner Spehar and seconded by Commissioner Williams to
rescind the Memorandum of Understanding No. DOH 01-2000 between Monroe County, the
Florida Department of Health, and Monroe County Health Department to implement a
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Homeowners Wastewater System Assistance Program, that was approved at the January 18, 2001
Board meeting. Motion carried unanimously.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent
granting approval and authorizing execution of an Agreement between Monroe County and
Freilich, Leitner & Carlisle for Shadek litigation services. Motion carried unanimously.
Charles Brooks, Jill Patterson, and Alice Allen addressed the Board. Motion was made by
Commissioner Williams and seconded by Commissioner Neugent to adopt the following
Resolution directing Growth Management to defer the acceptance of applications for non -staff
sponsored Future Land Use and Land Use Map amendments and applications for employee and
affordable housing projects in the mixed use and suburban commercial land use districts until the
Livable Communikeys Master Plan for the area between Tavernier Creek and MM 97 is adopted
and found in compliance by DCA or February 14, 2004, whichever comes first. Motion carried
unanimously.
RESOLUTION NO. 091-2002
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Neugent discussed legislative proposals concerning windstorm insurance.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt
the following Resolution requesting that the legislature not establish a valuation beyond which
homes are ineligible for windstorm insurance from the Florida Windstorm Underwriting
Association (FWUA); requesting that the legislature not make second homes ineligible for
windstorm insurance from FWUA; requesting that the legislature allow all dollars raised for
education of County children if the legislature decides to establish a valuation limit for FWUA
windstorm insurance and/or decides to exclude second homes from FWUA windstorm insurance.
Motion carried unanimously.
RESOLUTION NO. 092-2002
Said Resolution is incorporated herein by reference.
There being no further business to come before the Board, the meeting adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
'a Jl C_ - U��
Isabel C. DeSantis, Deputy Clerk