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05/17/1995 Regular 95/149 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 17, 1995 Key Largo Library 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, Key Largo, Florida. Present and answering to roll call were Commissioners Keith Douglass, Wilhelmina Harvey, Mary Kay ReiCh, Jack London and Mayor Shirley Freeman. 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 Reich granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS A Mayor's Proclamation was made proclaiming May 20-26, 1995, as National Safe Boating Week. A Mayor's Proclamation was made proclaiming Mayas Better Hearing and Speech Month. A Mayor's Proclamation was made in recognition of Elizabeth Fuller, Florida's Hometown USA. BULK APPROVALS/CONSENT AGENDA Motion was made by Commissioner London and seconded by Commissioner Harvey to approve the following items by unanimous consent: Board adopted the following Resolution rescinding Resolution No. 437-1995, which approved a Joint Stipulated Settlement Agreement between Monroe County, Shark Key Development Corp., and the Florida Department of Community Affairs which has since been revised. 95/150 RESOLUTION NO. 194-1995 See Res. Book No. 126 which is incorporated herein by reference. Board granted approval of the Planning Commission recommendation to approve Resolution P12-95, wherein the Planning Commission approved the 1994 Annual Report of the Dwelling Unit Allocation Ordinance submitted by the Director of Planning. Board granted approval to place additional channel markers at the entrance into Coco Plum Channel. Board granted approval to release lien for Affordable Housing and Notice for Deferred Payment of Impact Fees for John E. Brown, Jr. Board granted approval to release lien for Affordable Housing and Notice for Deferred Payment of Impact Fees for Mr. Paul Burress. Board granted approval to release lien for Affordable Housing and Notice for Deferred Payment of Impact Fees for Mr. Pete Davern. Board granted approval to release lien for Affordable Housing and Notice for Deferred Payment of Impact Fees for Mr. Sergio Galvan. Board granted approval to release lien for Affordable Housing and Notice for Deferred Payment of Impact Fees for Mr. Louis and Mrs. Ruby Luff. Board granted approval to release lien for Affordable Housing and Notice for Deferred Payment of Impact Fees for Mr. Michael and Mrs. Noa Siegrist. Board granted approval to advertise an Ordinance which will amend Ordinance 029-1994, changing the boating restricted area for the near shore waters adjacent to populated areas on Tavernier Creek, Plantation Key/Key Largo from an idle speed/no wake zone to a slow speed/minimum wake zone. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of an Interlocal Agreement for the Monroe County Land Authority to provide Monroe County $3,677.987.00 for purchasing property under the Dwelling Unit Allocation Ordinance and the Monroe County Year 95/151 2010 Comprehensive Plan. Board granted approval of the documented entitled Land Acquisitional Proqram to Implement The Monroe County Year 2010 Comprehensive Plan - Manaqement Plan - Proiect No. 93-001-CS1, May 1995, as required by the grant contract from Florida Communities Trust to fund the purchase of lands to implement the Rate of Growth Ordinance. Board adopted the following Resolution to provide assistance to the City of Key Colony Beach during the revision of their Comprehensive Plan. RESOLUTION NO. 195-1995 See Res. Book No. 126 which is incorporated herein by reference. Board granted approval of County and Florida Department of Transportation (FDOT) Staffs' ranking of the proposals from prospective consultants to develop a County-wide bicycle and pedestrian plan and short-listing of three consultants who will provide presentations to the Board of County Commissioners at the June 21, 1995 meeting, as follows: 1. Barton-Aschman Associates, Inc. 2. Herbert and Halback, Inc. 3. Sprinkle Consulting Engineers Board granted approval to return to the Florida Communities Trust (FCT) unused funds from the FCT Parks and Recreation Grant #93-002-CS1 to facilitate a new FCT Area of Critical state Concern funding cycle. Board granted approval to authorize Staff to terminate the Florida Communities Trust (FCT) Grant #94-001-CS2 for Parks and Recreation and to notify the FCT of same. COUNTY ADMINISTRATOR Board granted approval of the concept for making all County parks "Drug Free Zones" beginning with the Key Largo "Friendship Park" as the first example. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: 95/152 COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici, in the amount of $2,825.00; Leslie Morgan, in the amount of $1,200.00; Guidance Clinic of the Middle Keys, in the amount of $400.00, and Care Center for Mental Health, in the amount of $800.00, David Nathanson in the amount of $375.00, Deborah Harrison, in the amount of $537.50. COURT APPOINTED ATTORNEY'S, Margaret Broz, in the amount of $555.00, Donald Yates, in the amount of $858.75, Michael Cox, in the amount of $6,831.25, Jason Smith, in the amount of $4,875.00, Dennis Fitzpatrick, in the amount of $185.00, Sutton & Montoto, in the amount of $1,800.28, Larry Erskine, in the amount of $1,410.00, John Rotolo, in the amount of $1,983.25, Charles Milligan, in the amount of $6,195.75, Manuel Garcia, in the amount of $1,833.75, Laurie Hall, in the amount of $724.35, Roberta Fine, in the amount of $9,510.85, Timothy Thomes, in the amount of $1,908.15, Cunningham, Albritton & Hefferman, in the amount of $350.00, Diane Covan, in the amount of $2,347.50, Charles Everett, in the amount of $3,090.00. OTHER EXPENSES, Fisherman's Hospital, in the amount of $20.00, Smart Corporation, in the amount of $108.77, Witness LOdging, in the amount of $1,274.62, David Burns Investigations, in the amount of $180.00. COURT REPORTERS, Associated Court Reporting, in the amount of $6,062.75; Florida Keys Reporting, in the amount of $807.50; Lisa Roeser, $6,482.00; Kathleen Fegers, in the amount of $1,827.00; Nancy Maleske, in the amount of $1,103.85; Hill Reporting Service, in the amount of $942.75; Alan Lerine, in the amount of $60.00; Marshall Bladen, in the amount of $375.00; Nichols & Hardy, in the amount of $45.00; Dania Alen, in the amount of $2,250.25; Edmee Prats Court Reporting, in the amount of $1,862.25, Amy Landry, in the amount of $310.50; Sylvia Evans Court Reporting, in the amount of $81.20. EXTRADITION, Richard Roth, in the amount of $11,695.62. COURT INTERPRETERS, Edelvaiss Fernandez, in the amount of $25.00; ute Rohe, in the amount of $25.00; Juan Borges, in the amount of $150.00, Marie Penot, in the amount of $35.00, J. R. Alayon, in the amount of $670.00, Mayda Maloney, in the amount of $25.00, Eva Carbone a/k/a Fla. Keys Intern, Serv., in the amount of $$460.00, Jose Menendez, in the amount of $1,025.00, William Waddell, in the amount of $335.00. TRAVEL EXPENSES, Witness Travel, in the amount of $5,944.00. EXPERT WITNESS PAYROll, Witness Payroll, in the amount of $6,450.60. 95/153 $664.04. REGULAR WITNESS FEES, witness Payroll, in the amount of WARRANTS Board approved the following Warrants: GENERAL REVENUE FUND - TIB BANK (001), #105, in the amount of $5,000.00 COMMUNITY DEVELOPMENT BLOCK GRANT (100), #109-#112, in the amount of $55,426.49 SUPPLEMENT TO GENERAL REVENUE FUND (002), #576-#579, in the amount of $115,207.92 FINE' FORFEITURE FUND (101), #1586-#1594, in the amount of $2,765,423.26 ROAD AND BRIDGE OPERATING (102), #883-#886, in the amount of $542,397.38 LAW LIBRARY FUND (103), #485-487, in the amount of $4,540.91 TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #940-#943, in the amount of $816,620.42 FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #208-#210, in the amount of $1,326.47 MSD TAXING DISTRICTS (145,146,141), #848-#851, in the amount of $333,251.59 TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #528-#531, in the amount of $30,386.38 UPPER KEYS TRAUMA DISTRICT (144), #273-#276, in the amount of $14,297.39 PLANNING,BUILDING,' CODE ENFORCEMENT/ PARKS' BEACHES UNINCORPORATED (147,148) #558-#561, in the amount of $387,693.61 VENETIAN SHORES SPEC RD DIST , DUCK KEY SECURITY (149/152), #0090-0092, in the amount of $530.72 MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1049-1052, in the amount of $63,885.00 95/154 COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304), #791-#794, in the amount of $788,316.50 CARD SOUND BRIDGE FUND (401), #598-#601, in the amount of $49,646.78 AIRPORT OPERATION & MAINTENANCE FUND (403/404), #945-948, in the amount of $200,275.11 MSD PLEDGED FUNDS (414), #454-#458, in the amount of $1,497,433.14 WORKERS COMPENSATION FUND (501), #4111-#4115, in the amount of $107,493.14 GENERAL REVENUE FUND (001), #236184-#238652, in the amount of $19,379,967.65 MONROE COUNTY GROUP INS FUND (502), #737-#744, in the amount of $586,997.31 RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504), #357-#360, in the amount of $301,594.20 FL TRUST FUND (600,601), #1101B-1104, in the amount of $16,357.12 Board officially approved the BOCC meeting minutes of April 18 and 19, 1995. SHERIFF'S DEPARTMENT The Board granted approval of the following expenditures from the Law Enforcement Trust Funds in the total amount of $7,500.00. Donation to the Board of Florida Keys Crime stoppers to endorse "Cash For Guns" $1,000.00 Purchase of Mitsubishi 180 Photo printer 1,800.00 Purchase of equipment and games for the Upper Keys Youth Assoc. 1,500.00 Repair of Vessel assigned to Special Operations Unit 3,200.00 Motion carried unanimously. 95/155 DIVISION OF GROWTH MANAGEMENT An Update on Legal Issues was presented by Special Litigation Council, James T. Hendrick. Mr. Hendrick discussed the Monroe County v. Matecumbe Marina case. Mr. Hendrick along with Land Use Attorney Bob Apgar discussed the Property Rights Bill passed by the Legislature. Mr. Hendrick also discussed the Marathon Air/FBO litigation. Mr. Apgar updated the Board on the Monroe County Comprehensive Plan 2010. Growth Management Director, Bob Herman discussed the procedure and order of input for agenda item D2 concerning the December 1991 Hurricane Evacuation Analysis of the Monroe County 2010 Comprehensive Plan and Dwelling unit Allocation Ordinance (ROGO) prepared by Post Buckley, Schuh & Jernigan, Inc.; and agenda item D3 concerning four-laning of the 18-mile stretch. The following individuals addressed the Board concerning the December 1991 Hurricane Evacuation Analysis of the 2010 Comprehensive Plan and Dwelling Unit Allocation Ordinance (ROGO) prepared by Post, Buckley, Schuh & Jernigan, Inc: Planning Director, Lorenzo Aghemo; Captain Ed Davidson, Richard Grosso, representing 1000 Friends of Florida; Attorney Bob Apgar, Jim Mattson, of the Law Firm of Mattson & Tobin; Emergency Management Director, William Wagner; and Captain Joe Leiter, from the Monroe County Sheriff's Office. The following individuals representing the Florida Department of Transportation made a presentation concerning the four-laning of the 18 mile stretch: Mike Ciscar, Project Manager; Barbara Bernier, Environmental Administrator and John Martinez, Assistant General Counsel. Charles Pattison, of the Florida Department of Community Affairs, and Susan Coughanour, Senior Planner, Regulation Department, also addressed the Board. PUBLIC INPUT The following individuals addressed the Board concerning the four-laning of the 18 mile stretch: Captain Ed Davidson, Bob Ernst, Richard Grosso, representing 1000 Friends of Florida; Jim Mattson, of the lawfirm of Mattson & Tobin; Tom Fouts, Joan R. Mowery, representing the Gulfstream Shores Homeowners Association; Hal Heim and Dagny Johnson representing the Upper Keys citizens Association; Scott Marr, representing the Marina Del Mar Resort; Coman Munroe, Judy ReviseJ 95/156 Johnson, Gary Howe, Jerry Wilkinson, Alice Allen, Barry Patterson, Orville Tut, Howard Kramer, Adam Koslofsky, Paula Morrow, representing Friends of the Key Largo Library; Michael Collins, representing the Florida Keys Fishing Guides Association; Charles Causey, representing the Florida Keys Environmental Fund; Grace Mannillo, Joe C. Harris, Nancy Perez, George R. Morton, Debra Harrison, representing the Wilderness Society; H. T. Pontin, Suzette Rice, Walter Carson, Scott Price, Robert Schneider, representing the Big Pine Key civic Association and the Key Deer Protection Alliance; Joel Carmel, Richard W. Lancaster, representing the Hammer Point Homeowners Association; Barbara Silcox, Thomas Styer, Larry Loughner, Rebecca Huba, Eugene Shinkevich, representing the Florida Keys citizens Coalition; Jeanette Green, Howard Gibbs, Michael RUbino, Amy Knowles, representing the Izaak Walton League and Water Quality Joint Action Group; Zorano Jordon, Bill Fox, representing the Islamorada Chamber of Commerce; John Hammerstrom, Tim Wilson, and Nora Williams. The Clerk read into the record a letter from former Commissioner A. Earl Cheal. Planning Director, Lorenzo Aghemo addressed the Board. ~ After Board discussion, Commissioner Douglass addressed the Board and Public and read into the record a proposed Resolution concerning and identifying the impacts associated with the widening of u.s. Highway #1 between Key Largo and Mainland Florida, and requesting permitting agencies to condition their permits upon measures to mitigate or eliminate those impacts. After Board discussion, motion was made by Commissioner London and seconded by Mayor Freeman to adopt the above proposed Resolution. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Harvey Yes Commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. RESOLUTION NO. 196-1995 See Res. Book No. 126 which is incorporated herein by reference. Growth Management Director, Bob Herman requested agenda item D-4 concerning a request for a variance to permit expiration under Section l(f) (1) of Ordinance No. 013-1994 for Permit No. C18325, originally issued on December 30, 1985 to Mr. Ray Hathaway for a duplex located at Lot 137, Port Largo, Marina Ave., Key Largo to be postponed to the next Board meeting. Motion carried unanimously. Mr. Herman updated the Board on the Norman Higgins occupational license issue. 95/157 Mr. Hendrick made a progress report to the Board on short-term rentals. Motion was made by Mayor Freeman and seconded by Commissioner Douglass granting approval of the following members to the Boot Key Harbor Ad Hoc Committee, as amended: Chair (Votes only to) break ties) Keith Douglass MPAC (non-voting) Tina Brown Bill Cullen (Non-voting) Jim Cuthbert George Neugent Marine Facilities Operators Boot Key Harbor boater groups David Spaulding Bill Sweeney Boot Key Harbor shore residents Samuel Arutt Charles Kanter Commercial Fishing Interests Karl Wagner Peter Worthington Members of the Greater Marathon business community Bill Cadiz Russell Teall Environmentalists/ citizens at large Duncan Mathewson Allan MacKinnon Joan Manges Bill Botten Cindy stong Alternates to the Committee Donna Waldrop Roll call vote was taken with the following results: Commissioner Douglass Commissioner Harvey Commissioner London Commissioner Reich Mayor Freeman Yes No Yes No Yes Motion carried. Planning Director, Lorenzo Aghemo addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Harvey to adopt the following Resolution approving an Agreement with the Department of Community Affairs pursuant to 95/158 F.S. 380 to provide interim relief to the building restrictions for single family homes on Big pine Key and authorization for the Mayor to execute such agreement. Roll call vote was unanimous. RESOLUTION NO. 197-1995 See Res. Book No. 126 which is incorporated herein by reference. COUNTY ATTORNEY Motion was made by Commissioner London and seconded by Mayor Freeman granting approval to advertise an Ordinance repealing Chapter 12, Monroe County Code, concerning Occupational Licenses, etc. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator, James Roberts updated the Board on the status of the Health Benefit's Program. Mr. Roberts, County Attorney, Randy Ludacer, and Nora Williams, representing Keys Entertainment & Advertising, Inc., addressed the Board concerning the Keys Entertainment & Advertising Agreement. Mr. Roberts gave a report on the Eaton street parking appraisaL Mr. Roberts reported on the recognition plaque presented to Channel 16 from the School Board. Motion was made by Commissioner Douglass and seconded by Commissioner London granting approval and authorizing execution of a County Attorney Employment Contract between Monroe County and James T. Hendrick. Roll call vote was taken with the following results: Commissioner Douglass Yes Commissioner Harvey Yes Commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. The Board discussed the approval of a policy regarding Special Board of County Commission meetings in the evenings. No official action was taken. Commissioner Harvey discussed retiring Purchasing Director, Dick Cofer and health benefits provided to him. Motion 95/159 was made by Commissioner Harvey and seconded by Commissioner Douglass to grant Mr. Cofer health benefits upon his retirement, with Monroe County paying the costs. Roll call vote was unanimous. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ~okJ. c.. ~~ Deputy Clerk '