04/18/1995 Regular
95/97
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, April 18, 1995
Key West Holiday Inn Beachside
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 A.M., on the above date, at the
Holiday Inn Beachside, Key West, Florida. Present and answering
to roll call were Commissioners Wilhelmina Harvey, Mary Kay Reich
Commissioner Jack London and Mayor Shirley Freeman. Commissioner
Keith Douglass arrived later in the meeting. Also present were
Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Randy
Ludacer, County Attorney; James Roberts, County Administrator;
County Staff, members of the Press and Radio; and the general
public.
ADDITIONS, CORRECTIONS, AND DELETIONS
Motion was made by Commissioner London and seconded by
Commissioner Harvey granting approval of Additions, Corrections,
and Deletions to the agenda. Motion carried unanimously, with
Commissioner Douglass not present.
BULK APPROVALS/CONSENT AGENDA
Motion was made by Commissioner Harvey and seconded by
Commissioner London granting approval of the following items by
unanimous consent:
Board adopted the following Resolution rescinding
Resolution NO. 158-1994, which authorized the Mayor to execute an
Agreement between the Florida Department of Community Affairs,
Monroe County, and Joan and Jeffrey Nolan.
RESOLUTION NO. 123-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
Mayor to execute, on behalf of Monroe County, a Settlement
Agreement between the Florida Department of Community Affairs,
Monroe County and the Key Largo Group, Inc., settling a notice of
violation (Nov) for .97 acres of land near the entrance to the
Ocean Reef Subdivision.
RESOLUTION NO. 124-1995
95/98
Board adopted the following Resolution approving a
Joint stipulated Settlement Agreement between Shark Key
Development Corp., The Department of Community Affairs, and
Monroe County; and authorizing the Mayor to execute the
Settlement Agreement.
RESOLUTION NO. 125-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board granted approval and authorized for the Mayor to
execute, on behalf of Monroe County, an Extension to the Award
Agreement which the Florida Communities Trust to fund the
purchase of property on Coco Plum Beach in Marathon, Contract
#93-CT-19-91-1A-Al-041, Addendum VII to Conceptual Approval
Agreement.
Board granted approval of the Flood Variance
Application of Pasquale Nigro & Teresa DeSapio, first time
placement of a mobile home below base flood elevation, on Lot 2,
J G Estates, Grassy Key, Coastal Flood Zone, VE 15' panel 1293G.
Board granted approval of the Flood Variance
Application of Kurt Hoelter, for a 1400 SF detached garage
enclosure below base flood elevation, for parking only on
property located on Tracts D & E, Lots 25 & 26, Summerland
Estates, Summerland Key, Coastal Flood Zone, AE 8' panel 1514G.
Board granted approval of the Flood Variance
Application of Merle Prebel, for a 768 SF detached garage
enclosure below base flood elevation, for parking only on
property located on Lots 19 & 20 Block 1, Harbor Course, Section
2, Ocean Reef, Key Largo, Coastal Flood Zone, AE 9', panel 0666F.
Board granted approval of the new application form for
variances to the Flood Hazard Ordinance.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of a
Release of Deed Restriction and Cancellation of Notice of
Deferred Payment of Monroe County Impact Fees for Edward
Shreaves.
Board granted approval to advertise an Ordinance
amending Sec. 6-66(8) in order to delete the element of specific
intent to evade the provisions of the licensing article;
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.
95/99
Board granted approval to advertise an Ordinance
amending Sec. 6-59(II), Monroe County Code, in order to eliminate
the requirement for technical testing for the waterproofing and
roof painting category; 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.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution waiving a
prohibition against conflict of interest for John Koenig, as a
member of the Board of Directors for the Monroe County Art &
Historical Society, which applies for and receives funding from
the Monroe County Tourist Development Council.
RESOLUTION NO. 126-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board granted approval and authorized execution of an
Amendment to the Agreement between Monroe County and the Key West
Business Guild, Inc., covering Women in Paradise 1995 allocated
under the Cultural Umbrella for an amount not to exceed $9,500.00
to change dates of event to September 6-10, 1995.
Board granted approval to advertise a Public Hearing
for a Budget Amendment for the Monroe County Tourist Development
Council funds 115, 116, 117 through 121, Fiscal Year 1994/1995,
on May 15 or 16, 1995 at 5:00 P.M.
CONSTRUCTION MANAGEMENT
Board granted approval and authorized execution of
Change Order No.2 with Toppino's, Inc., to Bernstein Park and
adding a 30 day time extension.
Board granted approval and authorized execution of
Change Order No.5 (final) with D.L. Porter Construction, Inc.,
to the Marathon Sheriff's SUbstation/Tax Collector's Renovation
Project, in the increased amount of $2,896.00 and an additional
22 days.
Board granted approval and authorized execution of
Right-of-Way Easement for Florida Keys Electric Cooperative,
Inc., for the Marathon Airport.
Board granted approval and authorized execution of
Change Order No. 31-001-006 to D. L. Porter Construction's
Contract No. SJ-OOl, Construction, for the Sheriff's
Administration Building, in the increased amount of $78.00.
95/100
COMMISSIONERS' ITEMS
Board granted approval of Mayor Freeman's reappointment
of Donald Brassington and Marjorie Chapin to the Affordable
Housing Advisory Committee.
Board adopted the following Resolution requesting the
Florida Legislature to keep the Florida Keys Historic
Preservation Board intact and its appropriation left unaffected.
RESOLUTION NO. 127-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board adopted the following Resolution urging the
Monroe County Congressional Delegation to end Federal Sugar
Subsidy Programs.
RESOLUTION NO. 128-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board adopted the following Resolution urging the
Monroe County Legislative Delegation, the Florida Senate, the
Florida House of Representatives and the Governor of the State of
Florida to preserve the full and complete Home Rule Authority of
local governments to impose impact fees by opposing legislation
restricting or limiting local government use of impact fees.
RESOLUTION NO. 129-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board approved Commissioner Harvey's reappointment of
Tim Daniels to the Monroe County Marine and Port Advisory
Committee.
Board granted approval for Commissioner Harvey to
attend the Florida Forum in Tallahassee by invitation from
Governor Lawton Chiles on April 10, 1995. (After-the-fact
travel).
Board approved Commissioner Harvey's appointment of
Maria Richardson to the Commission on the status of Women.
Board granted approval for Commissioner Harvey to
attend the Florida Association of Counties' Annual Conference in
Marco Island, Florida on June 28 - 30, 1995.
Board granted approval for Commissioner Harvey to
attend the National Association of Counties Annual Conference in
Atlanta, Georgia on July 21-25, 1995.
Board adopted the following Resolution in recognition
of the late Charles Jefferson Curry, Jr.
Re'i'-sion
95/101
RESOLUTION NO. 130-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board adopted the following Resolution in recognition
of the late George Kundtz.
RESOLUTION NO. 131-1995
See Res. Book No. 126 which is incorporated herein by reference.
"
Board approved Commissioner London's reappointment of
Jeffrey D. smith to the Affordable Housing Advisory Committee.
Board adopted the following Resolution designating the
month of July, 1995, as Veterans and Military Awareness month.
RESOLUTION NO. 132-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board approved Commissioner London's appointment of
Captain Charlie Mills to the Marine and Port Advisory Committee.
Board approved Commissioner Reich's appointments of
Michael Barr and Tim Bricker to the Affordable Housing Advisory
Committee.
Board approved Commissioner London's appointment of
Thomas D. Wright to the Parks and Recreation Board.
Board approved Mayor Freeman's appointments of Harry
Sawyer, Sr. and Helen Gerbracht to the Florida Keys Council for
the Handicapped.
*
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo
Marcovici, in the amount of $1,900.00; Leslie Morgan, in the
amount of $800.00; Guidance Clinic of the Middle Keys, in the
amount of $1,000.00, and Care Center for Mental Health, in the
amount of $1,050.00.
COURT APPOINTED ATTORNEY'S, Tegan Slaton, in the amount
of $411.25; David Manz, in the amount of $1,050.00; Timothy
Thomes, in the amount of $2,297.60; Jason Smith, in the amount of
$74.85; Marci Rose, in the amount of $3,997.75; Candida Cobb, in
the amount of $2,187.75; William Kuypers, in the amount of
$4,153.50; John Rotolo, in the amount of $510.00; Charles
Milligan, in the amount of 1,838.75; Manuel Garcia, in the amount
95/102
of $1,792.50; Robert S. Fine, in the amount of $3,548.54; Diane
Covan, in the amount of $1,922.50; Cunningham, Albritton, Lenzi &
Miller, in the amount of $740.00; and Albert L. Kelly, in the
amount of $130.00.
OTHER EXPENSES, Louis Spallone, in the amount of
$4,250.00; State of Florida - Copies P.D., in the amount of
$103.50 and witness Lodging, in the amount of $154.00.
COURT REPORTERS, Associated Court Reporting, in the
amount of $3,119.25; Florida Keys Reporting, in the amount of
$1,009.50; Lisa Roeser, 2,223.75; Soon Schunot, in the amount of
$196.50; Kathleen Fegers, in the amount of $1,357.25; Law's
Reporting, in the amount of $75.00; Kathleen Fegers, in the
amount of $1,357.25; Nancy Maleske, in the amount of $655.05; Amy
Landry, in the amount of $506.25; Hill Reporting Service, in the
amount of $368.50; and Nichols & Hardy, in the amount of $390.00.
EXPERT WITNESS FEES, Mechanical Consulting & Service,
in the amount of $1,000.00; Forensic Automobile Investigations,
in the amount of $5,990.85; James stratton, in the amount of
$1,271.00; Care Center for Mental Health (Forensic), in the
amount of $250.00; and Fred Covan, in the amount of $1,725.00.
COURT INTERPRETERS, Loan Fernandez, in the amount of
$25.00; Ghislaine Mangrella, in the amount of 35.00; Mayda
Maloney, in the amount of $25.00; Veronica Peace, in the amount
of $40.00; J.R. Alayon, in the amount of $590.00; Eva Carbone, in
the amount of $155.00; Jose Menendez, in the amount of $1,085.00;
Jose Estevez, in the amount of $140.00; and William Waddell, in
the amount of $415.00.
EXTRADITION, Richard Roth, in the amount of $6,688.78.
COURT INTERPRETERS, Veronica Peace, in the amount of
$70.00; J.R. Alayon, in the amount of $580.00; Florida Keys
Interpreters, in the amount of $25.00; Eva Carbone, in the amount
of $235.00; Jose Menendez, in the amount of $685.00; Jose
Estevez, in the amount of $155.00; William Waddell, in the amount
of $440.00; and Katarzyna Chroscik, in the amount f $25.00.
EXPERT WITNESS FEES, Guidance Clinic of the Middle
Keys, in the amount of $250.00; and Care Center for Mental
Health, in the amount of $250.00.
TRAVEL EXPENSES, Witness Travel, in the amount of
$1,604.90.
$632.00.
REGULAR WITNESS FEES, witness Payroll, in the amount of
-
95/103
WARRANTS
Board approved the following Warrants:
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #101-#105, in
the amount of $63,542.59
SUPPLEMENT TO GENERAL REVENUE FUND (002), #567-#570, in
the amount of $116,832.99
FINE' FORFEITURE FUND (101), #1564-#1575, in the
amount of $2,478,839.31
ROAD AND BRIDGE OPERATING (102), #874-#877, in the
amount of $291,371.14
LAW LIBRARY FUND (103), #482-483, in the amount of
$366.33
TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #931-
#935, in the amount of $1,033,092.48
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #201-#204,
in the amount of $568,618.38
MSD TAXING DISTRICTS (145,146,141), #840-#843, in the
amount of $377,767.58
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #520-#523,
in the amount of $34,857.19
UPPER KEYS TRAUMA DISTRICT (144), #265-#268, in the
amount of $177,489.81
PLANNING,BUILDING,' CODE ENFORCEMENT/
PARKS' BEACHES UNINCORPORATED (147,148) #550-#553, in
the amount of $457,886.45
$4,999.65
VENETIAN SHORES SPEC RD DIST ,
DUCK KEY SECURITY (149/152), #0086, in the amount of
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1044-1045,
in the amount of $18,752.67
COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #780-#784, in the
amount of $812,420.77
SALES TAX BOND ANTICIPATION NOTE (305), #221-#225, in
the amount of $40,116.84
95/104
CARD SOUND BRIDGE FUND (401), #590-#593, in the amount
of $44,551.32
AIRPORT OPERATION & MAINTENANCE FUND (403/404), #935-
940, in the amount of $114,520.11
MSD PLEDGED FUNDS (414), #445-#448, in the amount of
$1,494,201.37
WORKERS COMPENSATION FUND (501), #4103-#4106, in the
amount of $73,723.97
MONROE COUNTY GROUP INS FUND (502), #723-#729, in the
amount of $540,606.39
RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND
(503/504), #349-#352, in the amount of $139,074.05
FL TRUST FUND (600,601), #1099, in the amount of
$17,493.03
Board officially approved the County Commission Meeting
Minutes of February 21, 22 and March 15 and 16, 1995.
SHERIFF'S DEPARTMENT
Board granted approval of the following expenditures
from the Law Enforcement Trust Fund in the total amount of
$25,252.26:
Donation to the Key West Police
Athletic League which sponsors
sporting events and athletic
competition for young people
$5,000.00
Purchase of coloring books,
crayons, voice attachment and
took kit for use with the DARE
program's remote control car -
P.C. Patrol Car
$1,533.76
To assist Erik Lemon to obtain
the rank of Eagle Scout for the
the construction of a Tuff Kids
Playground at the Blue Heron
Youth Center on Big Pine Key
To implement a new program known
as CAT (Combat Auto Theft) and
pay for printing of the material
1,630.00
851.00
95/105
Purchase of a computer system for
use by our detectives to assist
them with a photo identification
system
1,700.00
Acquisition of six additional
stinger Spike Systems to safely
stop motor vehicles by puncturing
their tires and permitting the
air to slowly escape
5,100.00
Exercise equipment to outfit a gym
in Plantation Key for use by
deputies in the Upper Keys
9,437.50
SPECIAL PROGRAMS/MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution authorizing the
execution of an Agreement between the State of Florida, Florida
Housing Finance Agency (FHFA) and Monroe County for U.S.
Department of Housing Urban Development (HUD) Homeownership
Investment Partnership (HOME) funds and directing the execution
of the contract and program implementation documents.
RESOLUTION NO. 133-1995
See Res. Book No. 126 which is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval to hold a Private Session to
discuss Labor Negotiations at the Board Meeting of May 16, 1995
in Key Largo at 5:00 P.M.
Motion carried unanimously, with commissioner Douglass
not present.
Christopher Smith of the State of Florida Department of
Health and Rehabilitative Services/Monroe County Public Health
Unit, addressed the Board. Motion was made by Commissioner
London and seconded by Commissioner Harvey granting approval to
rescind approval of lease for relocation of the Tavernier Public
Health unit. Motion carried unanimously, with commissioner
Douglass not present.
MISCELLANEOUS BULK APPROVALS
Growth Management Director, Bob Herman, addressed the
Board. Motion was made by Commissioner London and seconded by
Commissioner Harvey granting approval for the removal of the
95/106
following miscellaneous surplus IBM LAN equipment and advertise
for sealed bids:
County Taq No.
Description
1001-377
1001-380
1001-381
1001-382
1001-439
1001-376
IBM LAN Computer
IBM LAN Computer
IBM LAN Computer
IBM LAN Computer
IBM Power Source
IBM Power Source
Motion carried unanimously, with Commissioner Douglass
not present.
Mr. Herman addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Harvey granting
approval to adopt the following Resolution authorizing the
Director of Marine Resources to sign permit applications for
projects, approved by the BOCC and related to channel marking, no
wake zones, and artificial reefs. Motion carried unanimously,
with commissioner Douglass not present.
RESOLUTION NO. 133A-1995
See Res. Book No. 126 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Betty Vail, and Growth Management Director, Bob Herman,
addressed the Board concerning the consideration of a request
from the Pigeon Key Foundation, a non-profit entity, for the
waiver of all planning review and building permitting fees
associated with the restoration of Pigeon Key. After discussion,
Motion was made by Commissioner London and seconded by Mayor
Freeman to postpone the item until later in the day until a full
Board is present. Motion carried unanimously, with Commissioner
Douglass not present.
Mr. Herman addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Harvey granting
approval of the purchase of automated map files from the firm of
Wallace, Roberts and Todd in the amount of $22,949.00. Motion
carried unanimously, with Commissioner Douglass not present.
Motion was made by Commissioner Reich and seconded by
commissioner Harvey granting approval and authorizing execution
of a Contract between Monroe County and the Florida Department of
Environmental Protection for a sanitary wastewater feasibility
study. Motion carried unanimously, with Commissioner Douglass
not present.
95/107
MISCELLANEOUS
Board.
Mayor Freeman introduced her Aide, Debra Newman to the
PUBLIC HEARINGS
A continuation of a Public Hearing was held concerning
the plat vacation of Enchanted Island, Plat Book 6, Page 89, on
property described as being east of Key Haven , Section 25,
Township 67 South, Range 25 East, Tallahassee Meridian, Monroe
County, Florida, Mile Marker 6, the Land Use Designation is
Suburban Residential (SR), and the Real Estate number is
00141135. Growth Management Director, Bob Herman, Planning
Director, Lorenzo Aghemo, and Jose Gonzalez, on behalf of the
Lujan family, addressed the Board. Motion was made by
Commissioner London and seconded by Commissioner Harvey to adopt
the following Resolution. Roll call vote was unanimous, with
Commissioner Douglass not present.
RESOLUTION NO. 134-1995
See Res. Book No. 126 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of a
Resolution renouncing and disclaiming any right of the County and
the Public in and to a portion of Bouganvilla street, Bryan
street, Buttonwood street and Cactus street, Port pine Heights
2nd Addition, Big pine Key, Monroe County, Florida. Motion was
made by Commissioner London and seconded by Mayor Freeman to
adopt the following Resolution. Roll call vote was unanimous,
with Commissioner Douglass not present.
RESOLUTION NO. 135-1995
See Res. Book No. 126 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of
the following Ordinance amending Sec. 6-31, Monroe County Code,
by requiring permitted and contracted work to be performed by a
contractor of record; 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. County Attorney, Randy Ludacer,
read by title only. There was no public input. Growth
Management Director, Bob Herman, addressed the Board. Motion was
made by Commissioner London and seconded by Commissioner Harvey
to adopt the following Ordinance. Roll call vote was unanimous,
with Commissioner Douglass not present.
ORDINANCE NO. 012-1995
See Ord. Book No. 33 which is incorporated herein by reference.
95/108
A Public Hearing was held concerning an Ordinance
amending Sec. 6-42, Monroe County Code, Providing for a waiver of
building fees for non-profit corporate applicants building low-
income housing; 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. County Attorney, Randy Ludacer,
read by title only. There was no public input. Motion was made
by Commissioner Reich and seconded by Mayor Freeman to adopt the
following Ordinance. Motion carried unanimously, with
Commissioner Douglass not present.
ORDINANCE NO. 013-1995
See Ord. Book No. 33 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of an
Ordinance amending Sec. 6-56, Monroe County Code in order to
provide for the establishment of a Specialty Contractor License
for Fire Alarms; 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. County Attorney, Randy Ludacer,
read by title only. There was no public input. Motion was made
by Commissioner Reich and seconded by Mayor Freeman to adopt the
following Ordinance. Motion carried unanimously, with
Commissioner Douglass not present.
ORDINANCE NO. 014-1995
See Ord. Book No. 33 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of
the following Ordinance amending Ordinance No. 028-1994, which
created a Boating Restricted Area (Idle Speed/No Wake Zone) for
the South Side of Key West and Riviera Canal, in order to match
the Ordinance adopted by the City of Key West and thereby
increase the Boating Restricted Area for the South side of Key
West from 300 feet to 600 feet; substituting Exhibit "A" attached
to said Ordinance No. 028-1994 with a revised Exhibit "A"
depicting the new Boating Restricted Area; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code of Ordinance; and providing an effective date.
County Attorney, Randy LUdacer, read by title only. There was no
public input. Motion was made by Commissioner London and
seconded by Commissioner Harvey to adopt the following Ordinance.
Roll call vote was unanimous with Commissioner Douglass not
present.
ORDINANCE NO. 015-1995
See Ord. Book No. 33 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of an
95/109
Ordinance repealing Secs. 2-280 through 2-286, Monroe County
Code, the existing Monroe County Fine Arts Council Ordinance;
Creating 2-287 through 2-292, Monroe County Code, in order to
reestablish the Monroe County Arts Council (Council) with powers
and duties that more accurately reflect state Law (sec. 265.32,
F.S.) to wit: Providing that the Council is a Public Agency
Corporate and Politic but not a part of County Government;
Providing for the purposes of the Council; Providing for
Membership and Organization and reappointing members of the
previous Arts Council to the newly created Council; Providing for
Council Officers; Providing for Council Powers including the
power to issue bonds in accordance with Sec. 265.32(6), F.S.;
Providing for Meetings, Public Hearings, Committees, Advisers,
Rules and Reports, Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinance; and
providing an effective date. County Attorney, Randy Ludacer,
read by title only. Adrian Wall, Secretary of the Monroe County
Fine Arts Council, addressed the Board.
Motion was made by Commissioner London and seconded by
Commissioner Harvey to approve the appointments to the Monroe
County Fine Arts Council and table the adoption of the above
Ordinance concerning the Fine Arts Council. The following
individuals were appointed to the Council:
District I
District IV
District V
Kim Northrop
Carlos Rojas
Rebecca Huba
Commissioner Keith Douglass entered the meeting.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey that the Fine Arts Council consider becoming
a 501(c) (3) organization. After further discussion, the motion
was withdrawn. Roll call vote on the original motion appointing
members to the Council and tabling the Ordinance was unanimous.
Motion was made by Commissioner Douglass and seconded
by Commissioner Reich to continue the Public Hearing on the
adoption of an Ordinance granting the Florida Keys Electric
Cooperative Association, Inc., a nonexclusive franchise for the
area of Monroe County East of the East end of the Seven Mile
Bridge for the construction, maintenance and operation of an
electric supply system, etc., to the next Public Hearing at a
time certain of 10:00 A.M. at the Key Largo meeting on May 15,
1995. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Mayor Freeman to direct staff to come back to the Board at the
May 15, 1995 meeting with recommendations concerning the above
proposed Ordinance. Roll call vote was unanimous.
95/110
DIVISION OF GROWTH MANAGEMENT
An Update on legal issues was presented by Special
Litigation Council, James T. Hendrick.
Mr. Hendrick discussed Robbie's Safe Harbor Marine vs.
Monroe County concerning the Bernstein Park. Mr. Hendrick filed
a Motion to Dismiss on the case.
Growth Management Director, Bob Herman, and Louis
Quirch, addressed the Board concerning a request from Mr. Quirch
for a variance to permit expiration under section l{f) (1) of
Ordinance No. 013-1994 for Permits No. C13945 (for a duplex) and
C14069 (for a dock) issued on 2/9/81 and 11/29/83 respectively,
to Mr. Louis A. Quirch and Mr. Walter Johnson, Owner/Builders,
for a duplex and dock located at Lot 3, Block C, White Marlin
Beach Sec. 1 Gulf View Drive, Lower Matecumbe MM 74. Motion was
made by Commissioner Harvey and seconded by Commissioner Reich
granting approval of the variance. Roll call vote was unanimous.
Motion was made by Mayor Freeman and seconded by
Commissioner Douglass granting approval of a request from the
Pigeon Key Foundation, a non-profit entity, for the waiver of all
planning review and building permitting fees associated with the
restoration of Pigeon Key. Roll call vote was taken with the
following results:
Commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
Yes
Yes
Yes
No
Yes
Motion carried.
Mr. Herman and Bill Harrigan, representing Key Largo
KADO members, addressed the Board. Motion was made by
Commissioner Harvey and seconded by Commissioner Douglass
granting approval of an application for the placement of an
artificial reef near Dixie Shoal, Key Largo and adopting the
following Resolution recognizing public interest in the project.
Roll call vote was unanimous.
RESOLUTION NO. 136-1995
See Res. Book No. 126 which is incorporated herein by reference.
Update on legal issues was continued by Mr. Hendrick.
Mr. Hendrick discussed the following items: Big Pine Key Joint
Venture vs. Monroe County litigation; Settlement Agreement
between Ocean Reef, Department of Community Affairs, and Monroe
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County; Shaddick vs. Monroe County litigation; Twin Harbors/Key
Largo Bay Beach Resort litigation; Letters to Circuit Court Judge
Sandra Taylor; Matecumbe Marina Appeal; New Port Largo
litigation; Coconut Grove Bank litigation, and Snappers noise
violation.
Mr. Hendrick discussed vacation rentals. Motion was
made by Commissioner Douglass and seconded by Commissioner London
to assign staff to investigate alternatives to resolve the short-
term rental problem and make recommendations to the Planning
Commission and ultimately to the Board of County Commissioners.
Roll call vote was unanimous.
Mr. Hendrick and the Board discussed four laning the 18
mile stretch. After discussion, motion was made by Commissioner
Douglass and seconded by Commissioner London to appoint a team of
key Staff headed by Planning Director Lorenzo Aghemo including
Emergency Management Director William Wagner, Public Safety
Director Reggie Paros, representative of the Sheriff's
Department, County Engineer Dave Koppel, and legal to dialogue
with State and Federal agencies involved with this issue as well
as local organizations and individuals, as deemed necessary, and
report back at the May Board of County Commission Meeting. The
four main focus areas of concern are Safety, Hurricane
Evacuation, Environmental Consequences, and Quality of
Life/Community Character Impact. Roll call vote was unanimous.
All stood for the invocation and Pledge of Allegiance.
SOUNDING BOARD
Michael Halpern, Attorney for John Dedek, addressed the
Board concerning a request for a Lease Modification to permit
John Dedek, d/b/a LJ's Beachside Restaurant & Cafe located at
Higgs Beach to obtain an SRX license for alcohol beverage
service, internal to the restaurant only and for an increase of
rent if approved. Motion was made by Commissioner Reich and
seconded by Commissioner London to immediately begin lease
negotiations and the County Attorney to prepare a change in the
Ordinance with a Public Hearing for the Ordinance change to be
held at the Key West meeting in July. Roll call vote was
unanimous.
Norman Higgins d/b/a Higgins Security, addressed the
Board concerning lost records regarding occupational license.
Motion was made by commissioner London and seconded by
Commissioner Douglass directing Mr. Higgins to confer with the
Growth Management Division and come back to the Board at the next
meeting in Key Largo. Roll call vote was unanimous.
95/112
SOUNDING BOARD/COMMISSIONERS' ITEMS
The following individuals addressed the Board
concerning early hour noise at the Key West International Airport
and the adoption of a Resolution directing staff to explore the
feasibility of ceasing all aircraft operations at the Key West
International and Marathon Airports between the hours of 12:00
midnight and 6:00 A.M.
Dan McClure, President of Riviera Shores Homeowners,
Association, Vivian Arnold of Riviera Shores Homeowners
Association, Jim Robinson of Key West by the Sea Association,
Inc., Dale Zachariah of Riviera Shores Homeowners Association,
Walt Wyatt of Riviera Shores Homeowners Association, Alan Jones
of us Air Express, Margie Johnson, Joseph Aron, of Gulfstream
International Airlines, Susan Kent of American Eagle, and Carol
Stamets of Comair.
Motion was made by Commissioner Harvey and seconded by
Commissioner Douglass to adopt the following Resolution directing
Staff to explore the feasibility of ceasing all aircraft
operations at the Key West International and Marathon Airports
between the hours of 12:00 midnight and 6:00 A.M.
Community Services Director, Peter Horton, and Greiner,
Inc., addressed the Board. Roll call vote was unanimous.
Roll call vote on the was unanimous.
RESOLUTION NO. 137-1995
See Res. Book No. 126 which is incorporated herein by reference.
A Presentation was made designating the month of July,
1995, as Veterans and Military Awareness month.
TOURIST DEVELOPMENT COUNCIL
Samuel J. Feiner, Chairman of the Tourist Development
Council, addressed the Board. Motion was made by Commissioner
Reich and seconded by Commissioner Harvey to adopt the following
Resolution to provide advance registrations for Trade Shows for
Fiscal Year 1996 be paid from Tourist Development Council funds
in Fiscal Year 1995.
RESOLUTION NO. 138-1995
See Res. Book No. 126 which is incorporated herein by reference.
95/113
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, and
Commissioner Douglass updated the Board on the creation of a Boot
Key Harbor ad hoc committee. No official action was taken.
COMMISSIONERS' ITEMS
Commissioner Harvey and the County Administrator
discussed the possibility of having Special evening meetings to
accommodate working men and women when there is an issue
affecting a certain locale. This matter was referred to the
County Administrator.
The Board discussed the South Florida Regional Planning
Council's "Integrating Education Issues into the Long Range
Planning Process" meeting and Monroe County School Board
cooperation. Motion was made by Commissioner London and seconded
by Commissioner Douglass directing the County Administrator to
arrange a meeting with the Superintendent of Schools to discuss
joint issues. Motion carried unanimously.
commissioner Harvey and Board members discussed a "new
era" in Monroe County and quality of life issues.
COUNTY ADMINISTRATOR
County Administrator, James Roberts, discussed his the
proposal for Strategic Planning Facilitation Services and
expansion of Strategic Planning Committee and recommended the
Board not approve it at this time.
Mr. Roberts discussed an Agreement with Keys
Entertainment & Advertising, Inc. to provide special programming
for the County's Channel 16 and recommended the Board postpone
this matter to the next Board meeting.
Mr. Roberts discussed the health benefits program.
Motion was made by Commissioner Reich and seconded by
Commissioner London granting approval for the Administrator to
make rate changes in the Health Benefits Program and appropriate
Budget Amendments. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Norman Wartman, Chairman of the City Transportation
Advisory Committee of Metropolitan Planning Organization for Dade
County, addressed the Board concerning approval of a request for
the Florida Department of Transportation and Army Corp. of
95/114
COMMISSIONERS' ITEMS
Norman Wartman, Chairman of the City Transportation
Advisory Committee of Metropolitan Planning Organization for Dade
County, addressed the Board concerning approval of a request for
the Florida Department of Transportation and Army Corp. of
Engineers to consider the establishment of tolls on Route 1 as
the road enters Monroe County. Motion was made by Mayor Freeman
and seconded by Commissioner Douglass to refer this matter to
staff. Roll call vote was unanimous, with Commissioner Reich not
present.
Eugene Shinkenvich, representing the Big Pine Key civic
Association, addressed the Board concerning the establishment of
tolls on Route 1.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
commissioners of Monroe County
~c.~
Deputy Clerk