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01/17/2002 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2002/ 16 Regular Meeting Board of County Commissioners Thursday, January 17, 2002 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Harvey Government Center. Present and answering to roll call were Commissioner Murray Nelson, Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and Mayor Charles "Sonny" McCoy. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy 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 Spehar and seconded by Commissioner Williams granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Wayne Presnell, of the National Weather Service's Key West Bureau presented Mayor McCoy with road signs acknowledging the designation of Monroe County as Storm Ready. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of the following items: Board granted approval for an Adjustment of Conditional Use Review Fees, for Rudy Krause, commercial building RE: #00114150.000302 from $3,025.00 to $500.00 for a proposed commercial building on Ramrod Key. Board granted approval for one Lot Aggregation Restrictive Covenant from Marion L. & John Schieffelin, Permit No. 01-1-2392, for property described as Lots 10 and 11, Orchid Park Subdivision, PB 6/57, Real Estate Numbers 00 166977. 00 1000 and 00166977.001100, and granted approval for the transfer of two buildable lots from Marion L. & John Schieffelin to Monroe County by Warranty Deed, Permit No. 01-1-2392, for property described as Lots 7 and 8, Block 1, Doctor's Arm Subdivision, according to the Plat thereof as recorded in Plat Book 3, 01 / 17/2002 2002/17 Page 141 of the Public Records of Monroe County, Florida, Real Estate Numbers 00310080.000000 & 00310090.000000. 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 the transfer of one buildable lot from Karl & Penny Merrill to Monroe County by Warranty Deed, Permit No. 00-1-1064, for property described as Lot 3, Block 17, Eden Pines Colony, according to the Plat thereof as recorded in Plat Book 4, page 158 of the Public Records of Monroe County, Florida, Real Estate Number 002685 10. 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 and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the emergency removal of DV3A3563 located in Boot Key Harbor. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for removal of derelict vessels in Boot Key Harbor. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3579 located off of Key Largo. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Auto and Marine Repair, Inc. for removal of derelict vessels in Zone I - South end of the 7-Mile Bridge to Key West. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for removal of derelict vessels in Zone II - North of the 7-Mile Bridge to the Monroe County line. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Auto and Marine Repair for the emergency removal of derelict vessel DV3A3586 located off of Smathers Beach, Key West. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the emergency removal of DV3A3575. Board granted approval for the transfer of two buildable lots from Randel L. Watler and Meylan Lowe-Watler to Monroe County by Warranty Deed, permit number 01-1-1457, for property described as Lots 77 & 78, Sugarloaf Townsite, Sugarloaf Key. The applicants are receiving a dwelling unit allocation ward for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. 01/17/2002 2002/18 Board granted approval for the transfer of three buildable lots from James E. & Carol A. Lewis to Monroe County by Warranty Deed, permit number 01-1-2385, for property described as Lots 6 & 11, Block 19, Sands Subdivision, Big Pine Key, and for property described as Lot 5, Block 19, Gato Farms Subdivision Plat #1, Little Torch Key. The applicants are receiving a dwelling unit allocation ward 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 one buildable lot from Michael Geide to Monroe County by Warranty Deed, permit number 00-1-4078, for property described as Lot 6, Block 13, Port Pine Heights 1 st Addition, Big Pine Key. The applicant is receiving a dwelling unit allocation ward for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for a Lot Aggregation Restrictive Covenant from Kevin & Barbara Mitchell to have one dwelling unit on contiguous lots, permit number 01-1-2181, for property described as Lots 25 & 26, Block 23, Cutthroat Harbor Estates, Cudjoe Key; and granted approval for the transfer of one buildable lot from Kevin & Barbara Mitchell to Monroe County by Warranty Deed, permit number 01-1-2181 for property described as Lot 52, Block 2, Cutthroat Harbor Estates, Cudjoe Key. The applicants is receiving a dwelling unit allocation ward for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Addendum to Agreement between Monroe County and the City of Key West for the Kitsos-Berg Walkway -Walkover project, allowing for an extension of the Agreement until August 31, 2002. Board granted approval to advertise Request for Bids for Professional Public Relations Agency Services for Monroe County Tourist Development Council. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Prange & O'Hearn's Insights, Inc. Marketing and Research Group to extend Agreement for one (1) additional year and a monetary increase. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Islamorada Village of Islands allowing for the addition of beach cleaning and maintenance services for Anne's Beach and Library Beach with a monetary increase of $10,200, DAC IV, FY 2002 Capital Resources. COUNTY ADMINISTRATOR Board granted approval to suspend, on a test basis, scheduling of Board of County Commissioners' monthly Commission meeting policies for the purpose of scheduling BOCC and related business in a one -day meeting. 01 / 17/2002 2002/ 19 MISCELLANEOUS Notice of submittal by Representative Ken Sorenson and Senator Daryl Jones of two (2) Community Budget Requests: Keys Youth Crime Intervention - $50,000 and Keys Elder Services - $25,000. GROWTH MANAGEMENT Board granted approval of a request by Monroe County Airport Services for a floodplain variance to Section 9.5-317(3)b.(i) in order to construct three 9,809 square foot buildings with eight t-hangars each and one 12,408 square foot building with eight t-hangars below base flood elevation at the Marathon Airport. Motion carried unanimously. Growth Management Director Tim McGarry discussed the document entitled Preliminary Research on Adult Uses in Monroe County. Mr. McGarry informed the Board that the firm Maximus would be starting next week the management evaluation study of the Growth Management Division's development permitting system. County Attorney James T. Hendrick referred the Board to the written Growth Management Report from Attorney Karen K. Cabanas, dated January 14, 2002, of the firm Morgan & Hendrick. Mr. McGarry discussed with the Board approval of a Resolution directing County Staff to initiate necessary planning and design work for a cross -island connector on Big Pine Key and to authorize transportation facilities impact fees to fund transportation planning and engineering consultant services on the project. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to approve the Resolution directing County Staff to initiate necessary planning and design work for a cross -island connector on Big Pine Key, approving the appropriation of impact fees to fund needed consultant transportation planning and engineering services for this work, requiring the holding of at least one public hearing and one public workshop during the planning and design phase, and coordinating planning and design efforts with appropriate Federal and State agencies. Sherry Phillips and Kathy Wheeler addressed the Board. After consideration, the motion was amended by the maker with the second accepting, to adopt the following Resolution, with the elimination from consideration of any areas, from which land was donated to the County in hopes of prohibiting vehicular traffic or where such prohibitive covenants exist. RESOLUTION NO. 031-2002 Said Resolution is incorporated herein by reference. Motion carried unanimously. 01 / 17/2002 2002/20 PUBLIC HEARINGS The continuation of yesterday's (01-16-02) Public Hearing was held to consider a Department of Community Affairs transmittal Resolution to fulfill the request by the Department of Planning and Environmental Resources to amend the Year 2010 Comprehensive Plan by adding Goal 105 and Objectives 105.1-105.3 to establish a Smart Growth Mechanism to direct future growth to infill areas, expand future land acquisition areas, expand areas appropriate for transfer of development rights, and recommend modification to the permit allocation system. The Board accepted public input with the following individual addressing the Board: Dona Merritt. Planning Director Marlene Conaway addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department to amend the Monroe County 2010 Comprehensive Plan to include a Smart Growth Element consisting of new Goal 105 and subsequent objectives and policies, with the following changes to the draft BOCC Ordinance - Exhibit 1, as amended: Page 4 of 9, Policy 105.2.1 1. Natural Area (Tier I): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. Page 5 of 9, Policy 105.2.3 The priority for acquisition of lands and development rights under the County's Land Acquisition Program shall be as follows: Tier I (Natural Area) -first priority; Tier II (Transition and Sprawl Reduction Area) - second priority; and Tier III (Infill Area) - third priority, except acquisition of land for affordable housing shall also be a first priority. These acquisition priorities shall be applied consistent with the Policy 105.2.10 that directs the focus of the County's acquisition efforts to the acquisition or retirement of development rights of privately owned platted subdivision lots within Tiers I and II. Federal. State and local funding will be used for purchasing_privately owned vacant lands for Tier II. RESOLUTION NO. 032-2002 Said Resolution is incorporated herein by reference. Roll call vote was unanimous. 01 / 17/2002 2002/21 DIVISION OF GROWTH MANAGEMENT Ms. Conaway discussed with the Board approval of a Resolution directing Growth Management to defer the award of modest housing ROGO points until the Planning Commission completes a review of the regulations and recommends an amendment for adoption by the County Commission or the passage of 180 days. Jerry Coleman addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the following Resolution, changing 189 days to 90 days throughout the Resolution. RESOLUTION NO. 033-2002 Said Resolution is incorporated herein by reference. Roll call vote was unanimous. TOURIST DEVELOPMENT COUNCIL The following individuals addressed the Board concerning approval of TDC/Cultural Umbrella Recommendation Committee: Shirley Freeman, Michael Ingram, Chairman of the Tourist Development Council; Larry Sullivan, David Cohn, Lee R. Rohe, Monica Haskell, representing the Florida Keys Council of the Arts; Melissa Kendrick, and Bill Shaw. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Williams granting approval of the following: Criteria for Cultural Umbrella Recommendation Committee Members. To be eligible to serve on the Recommendation Committee of the Cultural Umbrella, a person must: 1. Reside in the Tourist Development Committee District to which appointed for a minimum of two years. 2. Have demonstrated significant support and advocacy for art and culture or work as an artist (visual, performing, literary). 3. Demonstrate an understanding of the prime importance of art and culture to the economy and to the quality of life of Monroe County citizens and guests. 4. Receive no income in an administrative capacity from an entity or individual that was awarded Cultural Umbrella event funding in the past fiscal year or that applies in the current year. Mr. Hendrick addressed the Board. During discussion, Commissioner Spehar offered an amendment to have the Board consist of three (3) representatives from the Arts Council and two (2) representatives from the District Advisory Council. Motion died for lack of a second. Roll call vote on the original motion was unanimous. PUBLIC HEARINGS A Public Hearing was held concerning revisions to Section 9.5-120.5 of the Monroe 01/17/2002 2002/22 County Code, which will extend the prohibition on issuance of permits for new transient residential units. The Board accepted public input with the following individual addressing the Board: Larry Sullivan, representing the Big Pine Key Civic Association. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the following Ordinance amending the Monroe County Code by the amendment to text to Sec. 9.5-120.5; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. Planning Director Marlene Conaway and Mr. Hendrick also addressed the Board. Roll call vote was unanimous. ORDINANCE NO. 001-2002 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning proposed revisions to Section 9.5-309 of the Monroe County Code, which will allow fences to a height of six (6) feet on Stock Island and on Key Haven. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Williams to adopt the following Ordinance amending the Monroe County Code by the addition of text to Sec. 9.5-309 fences; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. Motion carried unanimously. ORDINANCE NO. 002-2002 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held to adopt an amendment to the Monroe County Code Sections 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249, and 9.5-250, concerning employee and affordable housing and commercial apartment in several zoning districts. The Board accepted public input with the following individuals addressing the Board: Donald Craig, representing Ed Swift/Meridien West; and Rebecca Jetton, representing the Florida Department of Community Affairs. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to adopt the following Ordinance amending the Monroe County Code Sections 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249, and 9.5-250, Providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. Ms. Conaway addressed the Board. During discussion, the following amendment was made: Page 5 of 9, (b) Administration and Compliance: (1) Before any certificate of occupancy may be issued for any structure, portion or phase of a project subject to this section, restrictive covenant(s) shall be filed in the Official 01 / 17/2002 2002/23 Records of Monroe County to ensure compliance with the provisions of this section running in favor of Monroe County and enforceable by the County. The covenant(s) shall be effective for at least fifty years, but shall not commence running until a certificate of occupancy has been issued by the building official for the dwelling units to which the covenant or covenants apply. ORDINANCE NO. 003-2002 Said Ordinance is incorporated herein by reference. Roll call vote was unanimous. MISCELLANEOUS Monica Haskell, presented the Board with a check in the amount of $5,000 in support of the Art in Public Places Program. TOURIST DEVELOPMENT COUNCIL The Board discussed the approval of Transfer of Funds from Capital to District Advertising. The following individuals addressed the Board: George Hurd, Executive Director of Last Stand; Cecilia Roycraft, Peter K. Ilchuk, representing the Lodging Association; Larry Sullivan, representing the Big Pine Keys Civic Association; Stan Corneal, representing the Island City House Hotel; Brian Carman, representing the Key West Innkeepers Association; George Halloran, Bill Wickers, representing Key West Charter Boat Association; Elliot Baron, Viginia A. Panico, Executive Director of the Key West Chamber of Commerce; Jamie Olwell, and John Dolan-Heitlinger. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution concerning the Transfer of Funds. Roll call vote was taken with the following results: Commissioner Nelson Yes Commissioner Neugent Yes Commissioner Spehar Yes Commissioner Williams No Mayor McCoy Yes Motion carried. RESOLUTION NO. 034-2002 Said Resolution is incorporated herein by reference. Commissioner Neugent excused himself from the remainder of the MISCELLANEOUS Motion was made by Commissioner Williams and seconded by Commissioner Nelson 01 / 17/2002 2002/24 authorizing the County Administrator to apply for an Emergency Management and Assistance Trust Fund Grant concerning the removal of invasive exotics. Motion carried unanimously, with Commissioner Neugent not present. 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 C• Isabel C. DeSantis, Deputy Clerk