09/20/1995 Regular
95/277
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 20, 1995
Marathon
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 A.M., on the above date, at the
Marathon Government Center. 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; James
T. Hendrick, 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.
PRESENTATION OF AWARDS
An appreciation plaque was presented to Sheriff Roth in
honor of thirty (30) years of Leadership and Dedication to Monroe
County.
Motion was 'made by Commissioner Reich and seconded by
Commissioner London granting approval of the following items by
unanimous consent:
BULK APPROVALS/CONSENT AGENDA
Board granted approval of a Restrictive Covenant,
submitted by Bruce Nelson for building permit application number
95-3-890; the document restri~ts the property owner to having
only one dwelling unit on two contiguous lots. The Restrictive
Covenant for combining contiguous lots have been filed by the
applicant for the 4th quarter, 3rd year allocation ending on July
13, 1995, under the requirements of the Dwelling Unit Allocation
Sec. (9.5-122.1(a) (3) of the County's Land Development
Regulations.
Board granted approval of a Restrictive Covenant,
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submitted by Olin & Jolene Cooper for building permit application
number 95-3-860; the document restricts the property owner to
having only one dwelling unit on two contiguous lots. The
Restrictive Covenant for combining contiguous lots have been
filed by the applicant for the 4th quarter, 3rd year allocation
ending on July 13, 1995, under the requirements of the Dwelling
unit Allocation Sec. (9.5-122.1(a) (3) of the County's Land
Development Regulations.
Board granted approval of a Restrictive Covenant,
submitted by Michael & Peggy Bankester for building permit
application number 95-3-862; the document restricts the property
owner to having only one dwelling unit on two contiguous lots.
The Restrictive Covenant for combining contiguous lots have been
filed by the applicant for the 4th quarter, 3rd year allocation
ending on July 13, 1995, under the requirements of the Dwelling
unit Allocation Sec. (9.5-122.1(a) (3) of the County's Land
Development Regulations.
Board granted approval of a Restrictive Covenant,
submitted by John S. Mannix for building permit application
number 95-3-1000; the document restricts the property owner to
having only one dwelling unit on two contiguous lots. The
Restrictive Covenant for combining contiguous lots have been
filed by the applicant for the 4th quarter, 3rd year allocation
ending on July 13, 1995, under the requirements of the Dwelling
Unit Allocation Sec. (9.5-122.1(a) (3) of the County's Land
Development Regulations.
Board granted approval of an Affordable Housing Deed
Restriction, submitted by Monroe County Board of County
Commissioners (Bernstein Park). The Deed Restriction for
Affordable Housing have been completed and filed by the applicant
pursuant to the requirements of the Dwelling Unit Allocation
Sect. (9.5-122.1(a) (4) of the County's Land Development
Regulations.
Board granted approval of an Affordable Housing Deed
Restriction submitted by Deborah A. Torgler for Lot 19, Block 8,
Twin Lakes Subdivision, Key Largo. The Deed Restriction for
Affordable Housing have been completed and filed by the applicant
to the requirements of the Dwelling Unit Allocation Sect. (9.5-
122.1(a) (4) of the County's Land Development Regulations.
Board granted approval of an Affordable Housing Deed
Restriction, submitted by Eric L. Stephen for Lot 44, Bermuda
Shores, Key Largo. The Deed Restriction for Affordable Housing
have been completed and filed by the applicant to the
requirements of the Dwelling Unit Allocation Sect. (9.5-122.1(a)
(4) of the County's Land Development Regulations.
Board granted approval of an Affordable Housing Deed
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Restriction, submitted by Ana Cecilia Valle for Lot 3, Block 1,
Cross Key Waterway Estates, Key Largo. The Deed Restriction for
Affordable Housing have been completed and files by the applicant
pursuant to the requirements of the Dwelling Unit Allocation
Sect. (9.5-122.1(a) (4) of the County's Land Development
Regulations.
Board granted approval of an Affordable Housing Deed
Restriction, submitted by Ovido Del Forn for Lot 6, Block 5, Blue
Water Trailer Village, Key Largo. The Deed Restriction for
Affordable Housing have been completed and filed by the applicant
pursuant to the requirements of the Dwelling Unit Allocation
Sect. (9.5-122.1(a) (4) of the County's Land Development
Regulations.
Board granted approval of a Restrictive Covenant,
submitted by Sabrina & Mark Nicholas for building permit
application number 95-3-1342, dedicating to the County, Lot 28,
Block 2, Pine Key Yacht Club Estates, Big pine Key. The
Dedication of Land has been filed by the applicant for the fourth
quarter allocation ending on July 13, 1995, under the
requirements of the Dwelling Unit Allocation Sec. (9.5-
122.1(a) (5) of County's Land Development Regulations.
Board granted approval of a Restrictive Covenant,
submitted by John & Roseanne Pell for building permit application
number 95-3-784; dedicating to the County, Lot 6, Block 7, Palma
Sola Subdivision, Key Largo. The Dedication of Land has been
filed by the applicant for the fourth quarter allocation ending
on July 13, 1995, under the requirements of the Dwelling Unit
Allocation Sec. (9.5-122.1(a) (5) of the County's Land Development
Regulations.
Board granted approval of a Restrictive Covenant,
submitted by Steve Akers and Kathy Mosley for building permit
application numbers 95-3-1441; and 95-3-1383; dedicating to the
County Lots 7 & 8, Block 22, Port Pine Heights 2nd Addition, Big
Pine Key. The Dedication of Land has been filed by the applicant
for the fourth quarter allocation ending on July 13, 1995, under
the requirements of the Dwelling unit Allocation Sec. (9.5-
122.1(a) (5) of the County's Land Development Regulations.
Board granted approval of a Flood Variance Application
of Philip Lindner to the Flood Hazard Ordinance for placement of
a limited bath facility below the base flood elevation on Lot 2,
Block 27, Port pine Heights, Big Pine Key, Coastal Flood Zone AE
8 panel 1507G.
Board granted approval of a Flood Variance Application
of Harvey and Judith Ann Vogel to the Flood Hazard Ordinance for
placement of a limited bath facility below base flood elevation
on Lot 544, Port Antigua, 5th Addition, Key Largo, Coastal Flood
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Zone VE 15, panel 1004F.
Board granted approval of a Flood Variance Application
of Tammis Day/Susan Dendy to the Flood Hazard Ordinance for a
detached garage enclosure greater than 300 SF below base flood
elevation, for parking only on property located on Lot 5, Upper
Sugarloaf Key, Coastal Flood Zone AE 10', panel 1494G,
elevation - at existing grade 3.4 above MSL.
Board granted approval of a Flood Variance Application
of Raymond Opperman to the Flood Hazard Ordinance for a 1025 SF
lateral attached garage enclosure below base flood elevation,
parking only, on property located on Lot 13, Sombrero Properties,
Boot Key, below base flood variation, Coastal Flood Zone AE 7',
panel 1514G.
Board granted approval and authorized execution of a
one year extension for the Advanced Wetlands Identification
Project between Monroe County and the Environmental Protection
Agency.
Board granted approval to remove surplus property from
Building Department's, (Marathon office) inventory and advertise
for bids or dispose of:
County ID#
Description
1002-320
Office Chair
Board granted permission to submit an application for
channel marking on Niles Channel, Summer land Key.
GROWTH MANAGEMENT DIVISION
Board granted approval and authorized execution of a
Contract between Monroe County and CH2MHill for the completion of
the Marathon Wastewater Facilities Plan.
Board granted approval of a Settlement Agreement, case
#94-0867DRI between Monroe County, the Florida Department of
Community Affairs (DCA), and William and Leslie Morton,
concerning the appeal by DCA of Building Permit #93l0006139.
COMMISSIONERS' ITEM
Board granted approval of Commissioner London's
reappointment of June Girard to the Library Advisory Board.
Board adopted the following Resolution proclaiming
October to be the Month of the Americas.
~4." \Ste.~
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RESOLUTION NO. 328A-1995 ~
See Res. Book No. 127 which is incorporated herein by reference. 7'
Board adopted the following Resolution in recognition
of the late Eva Yates.
RESOLUTION NO. 329-1995
See Res. Book No. 127 which is incorporated herein by reference.
Board adopted the following Resolution in recognition
of the late Shirley Cothron Albury.
RESOLUTION NO. 330-1995
See Res. Book No. 127 which is incorporated herein by reference.
Board adopted the following Resolution in recognition
of the late Jack Kerr.
RESOLUTION NO. 331-1995
See Res. Book No. 127 which is incorporated herein by reference.
Board adopted the following Resolution in recognition
of the late Albert Nilo Albury.
RESOLUTION NO. 332-1995
See Res. Book No. 127 which is incorporated herein by reference.
Board adopted the following Resolution applauding the
Center for Marine Conservation for their efforts in organizing
and carrying out a Keys wide beach cleanup on September 16, 1995.
RESOLUTION NO. 333-1995
See Res. Book No. 127 which is incorporated herein by reference.
Board approved Mayor Freeman's appointment of City
Commissioner Sally Lewis to the Tourist Development Council.
Note: Mayor Mickey Feiner's resignation on the Tourist
Development Council is effective October 15, 1995 with
Commissioner Lewis' beginning on October 16, 1995.
COUNTY COURT
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo
Marcovici, in the amount of $600.00; Leslie Morgan, in the amount
of $1,200.00; and Care Center for Mental Health, in the amount of
$1,150.00.
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COURT APPOINTED ATTORNEY'S, Charles Milligan, in the
amount of $1,295.00; Manuel Garcia, in the amount of $3,078.75;
Timothy Thomes, in the amount of $606.50; John Jabro, in the
amount of $587.00; Natural Law, Inc./John Rotolo, in the amount
of $2,220.00; Diane Tolbert Covan, in the amount of $517.50;
Jeffrey B. Meyer, in the amount of $1,868.75; Crimella &
Hamilton, in the amount of $2,275.00; stephen Isherwood, in the
amount of $2,771.25; Carol Ann Wolf, in the amount of $700.00;
Donald Yates, in the amount of $431.25; Angel Ruiz, in the amount
of $504.00; Jason Smith, in the amount of $2,343.75; Marci Rose,
in the amount of $3,274.01; Erol M. Vural, in the amount of
$1,772.30; Joseph Wolkowsky, in the amount of $885.00; Diane
McGuire, in the amount of $802.50.
OTHER EXPENSES, Louis Spallone, in the amount of
$3,750.00; Witness Lodging, in the amount of $128.00; State of
Florida, in the amount of $1,098.65; Louis O'Connor, in the
amount of $150.00;
COURT REPORTERS, Associated Court Reporting, in the
amount of $5,235.75; Florida Keys Reporting, in the amount of
$3,507.30; Lisa Roeser, in the amount of $1,161.75; Soon Schunot,
in the amount of $47.25; Kathleen Fegers, in the amount of
$546.75; Nancy Maleski, in the amount of $276.00; Amy Landry, in
the amount of $177.00; Hill Reporting Service, in the amount of
$1,408.50; Ginger Rowland Gay, in the amount of $202.50; Nichols
& Hardy, in the amount of $442.50; Suzanne Ex, in the amount of
$695.50; Friedman, Lombardi, Gendron & Olson, in the amount of
$50.00; Language Services, in the amount of $250.00; Jacquelyn D.
McMiller, in the amount of $49.00.
EXTRADITION, Richard Roth, in the amount of $10,605.50.
COURT INTERPRETERS: J.R. Alayon, in the amount of
$580.00; Eva Carbone, in the amount of $50.00; Jose Menendez, in
the amount of $465.00; William Waddell, in the amount of $580.00;
Berta Green, in the amount of $105.00; Julia Seward, Rev., in the
amount of $65.00; Henry Arroyo, in the amount of $35.00; Language
Services, in the amount of $250.00; Heide Rosengauer, in the
amount of $31.25; Juan Borges, in the amount of $75.00; Ghislaine
Mangrella, in the amount of $45.00; Anita Garcia, in the amount
of $205.00; Lena Allen, in the amount of $25.00; Gertrude Brun,
in the amount of $25.00.
EXPERT WITNESS FEES; in the amount of $2,202.80.
TRAVEL EXPENSES: witness Travel, in the amount of
$2,173.58.
REGULAR WITNESS FEES: witness Payroll, in the amount
of $880.05.
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WARRANTS
Board approved the following Warrants:
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #129-#131, in
the amount of $40,226.21.
SUPPLEMENT TO GENERAL REVENUE FUND (002), #594-#597, in
the amount of $119,760.89.
FINE & FORFEITURE FUND (101), #1625-#1628, in the
amount of $2,616,153.82.
ROAD AND BRIDGE OPERATING (102), #908-#912, in the
amount of $403,630.47.
$1,551. 62
LAW LIBRARY FUND (103), #497-500, in the amount of
TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #958-
#961, in the amount of $339,315.30.
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #218, in
the amount of $2,255.55.
CROSS KEY WATERWAY (140), #078-#079, in the amount of
$5,280.43.
MSD TAXING DISTRICTS (145,146,141), #865-#869, in the
amount of $365,033.18.
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #543-#546,
in the amount of $34,946.51.
UPPER KEYS TRAUMA DISTRICT (144), #290-#293, in the
amount of $26,752.89..
PLANNING,BUILDING,& CODE ENFORCEMENT/
PARKS & BEACHES UNINCORPORATED (147,148) #578-#581, in
the amount of $479,404.66.
VENETIAN SHORES SPEC RD DIST &
DUCK KEY SECURITY (149/152), #0100-101, in the amount
of $5,300.83.
MONROE COUNTY LOCAL HOUSING.ASSIST. (153), #1065, in
the amount of $3,795.02.
COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #811-#815, in the
amount of $848,449.45.
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SALES TAX BOND ANTICIPATION NOTE (305), #231-232, in
the amount of $11,535.33.
CARD SOUND BRIDGE FUND (401), #616-#620, in the amount
of $372,002.75.
AIRPORT OPERATION' MAINTENANCE FUND (403/404), #966-
972, in the amount of $254,174.13.
MSD PLEDGED FUNDS (414), #477-#480, in the amount of
$1,063,932.12.
WORKERS COMPENSATION FUND (501), #4310-#4317, in the
amount of $90,966.05.
GENERAL REVENUE FUND (001), #2441-7-#245940, in the
amount of $9,823,038.10.
MONROE COUNTY GROUP INS FUND (502), #767-#774, in the
amount of $602,874.23.
RISK MANAGEMENT' FLEET MANAGEMENT FUND (503/504),
#375-#378, in the amount of $386,442.26.
FL TRUST FUND (600,601), #1110-1113, in the amount of
$46,788.41.
Board officially approved the BOCC meeting minutes of
August 15, 1995.
Board granted approval to remove the following surplus
property from inventory and advertise for bids or dispose of
same:
Description
County 1.0. #
ADDS Terminal
1986 ADDS Terminal
1986 NCR Color Computer
1983 ADDS View Computer
1983 CRT ADDS Terminal
1986 Lanier Recording System
1993 Microfiche Reader
1987 4MB Storage Processor
1987 4MB Storage Processor
1983 33 UPS Printer
1988 Kodak Reader/Printer
1988 Okidata Color Printer
0201-00
0205-96
0201-47
0205-45
0205-26
0204-93
0201-139
0205-104
0205-105
0202-144
0209-2
0201-58
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SHERIFF'S DEPARTMENT
Board granted approval of the following expenditures
from the Law Enforcement Trust Fund in the total amount of
$11,500.00:
This sum was used in connection with an
undercover operation which resulted in
the seizure of $129,000.
$10,000
To be given to the Conch Republic Athletic
Program to help finance the construction
of an in-line skating rink.
1,500
COUNTY ATTORNEY
Board granted approval to advertise an Ordinance
amending Section 10-22(a), Monroe County Code, in order to
provide for an increase from $7.50 to $15.00 to the amount added
to the filing of a civil case in law for the support of the Law
Library; Providing for severability; Providing for the repeal of
all Ordinances inconsistent herewith; Providing for incorporation
into the Monroe County Code; and providing an effective date.
Board granted approval to advertise an Ordinance
amending Section 2-299(F); Revising the manner of appointments to
District Advisory Committees; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code; and
providing an effective date. members
Board granted approval to advertise an Ordinance
amending Section 6.6-6(b), Monroe County Code, in order to adopt
the 1994 edition of the National Fire Protection Association Life
Safety Code 101, as the Life Safety Code for unincorporated
Monroe County; Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code; and providing an
effective date.
Board adopted the following Resolution recommending to
the Transportation Disadvantaged Commission to request Proposals
for a Community Transportation Coordinator for Monroe County.
RESOLUTION NO. 334-1995
See Res. Book No. 127 which is incorporated herein by reference.
Board adopted the following Resolution setting the
date, time and place for a Public Hearing concerning the proposed
abandonment of a utility Easement in Little Venice Subdivision,
Key Vaca, Marathon, Florida.
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RESOLUTION NO. 335-1995
See Res. Book No. 127 which is incorporated herein by reference.
Board adopted the following Resolution setting the
date, time and place for a Public Hearing concerning the proposed
abandonment of a portion of Buttonwood Lane and adjacent
alleyway, Hibiscus Park, Key Largo, Florida.
RESOLUTION NO. 336-1995
See Res. Book No. 127 which is incorporated herein by reference.
Motion carried unanimously.
GROWTH MANAGEMENT DIVISION
Monroe County Land Use Council Bob Apgar, of the Law
Office of Apgar, Pelham, Pfeiffer & Theriaque, updated the Board
on the Monroe County 2010 Comprehensive Plan. After Board
discussion, motion was made by Commissioner Douglass and seconded
by Commissioner London directing Mr. Apgar to negotiate with the
Department of Community Affairs for an Agreement to add the
attached "Policy 5" Comprehensive Plan funding language to Monroe
County's Comprehensive Plan. Said "Policy 5" is attached hereto
and made a part hereof. 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.
Growth Management Director, Bob Herman, updated the
Board on the Federal Emergency Management Agency (FEMA) Audit.
Mr. Herman also discussed building permits issued under the Rate
of Growth Ordinance which have not been picked-up or allowed to
expire.
Donald L. Craig of The Craig Company and representing
Joseph Farrugia, addressed the Board concerning a request by his
client to amend BOCC Resolution No. 210-1994 to extend the length
of time of the Settlement Agreement between Monroe County and Mr.
Farrugia for a major development known as Coral Harbor. After
Board discussion, motion was made by Commissioner London and
seconded by Commissioner Reich to approve a one year extension of
time concerning the Settlement Agreement between Monroe County
and Mr. Farrugia for a major development known as Coral Harbor.
After further discussion, motion was made by Commissioner London
and seconded by Commissioner Douglass to postpone the matter to
95/287
later in the day. 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.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of the
following Ordinance creating a boating restricted area (Idle
Speed/No Wake Zone) for the near shore waters adjacent to
Sombrero Beach County Park, Marathon; Providing for definitions;
Providing that Monroe County agrees to hold the Florida
Department of Environmental Protection harmless from any
liability incurred from the negligent posting of boating
restricted markers; Providing for penalties for violations;
Providing for exemptions; Providing for severability; Providing
for the repeal of all Ordinances inconsistent herewith; Providing
for incorporation into the Monroe County Code; and providing an
effective date. There was no public input. Motion was made by
Commissioner London and seconded by Commissioner Douglass
to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 032-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of the
following Resolution renouncing and disclaiming any right of the
County and the public in and to a portion of Caribbean Drive,
Summer land Key, Monroe County, Florida. There was no public
input. Motion was made by Commissioner London and seconded by
Commissioner Reich to adopt the following Resolution. Roll call
vote was unanimous.
RESOLUTION NO. 337-1995
See Res. Book No. 127 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of the
following Ordinance amending Section 13-29, Monroe County Code,
in order to provide that the levy of the one quarter of one mill
ad valorem tax for the television translator system is
discretionary with the governing body of the translator district
rather than mandatory; Providing for severability; Providing for
the repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code; and providing an
effective date. Mel and Carmelita Gossard of C&M Electronics,
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Henry Naubereit, Emergency Communication Director, Norm Leggett
and County Attorney, James T. Hendrick, addressed the Board.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to adopt the following Ordinance. 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.
ORDINANCE NO. 033-1995
See Ord. Book No. 36 which is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner London discussed with the Board
advertising of a Request for Proposal concerning operation of the
translator. Motion was made by Commissioner London and seconded
by Commissioner Douglass granting approval of the Request for
Proposals, as amended. After discussion, motion was made by
Commissioner Harvey and seconded by Commissioner Reich to
postpone the matter. During discussion of the item, Commissioner
Harvey withdrew her motion. Said amendment as follows:
Change the word "privatization" to "Management and
Operation" between the words "Request for Proposals for the" and
"of a 25-Channel Television Translator System in the Florida
Keys" in the heading.
and
Change the word "privatize" to "seek alternatives for"
between the words " The Board desires to" and "the operation" in
the fourth line of the first paragraph.
Roll call vote on the original motion to advertise the Request
for Proposal as amended was unanimous.
PUBLIC HEARINGS
A Public Hearing was held concerning the adoption of
the following Ordinance adopting the 1995 edition of the Monroe
County Electrical Code Supplement as the code supplement
applicable in the unincorporated areas of Monroe County;
Providing for severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation
95/289
into the Monroe County Code; and providing an effective date.
There was no public input. Motion was made by Commissioner
London and seconded by Commissioner Harvey to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 034-1995
See Ord. Book No. 36 which is incorporated herein by reference.
SPECIAL PROGRAMS OFFICE/HOUSING AUTHORITY
Land Authority Director, Mark Rosch, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
Commissioner London to adopt the following Resolution authorizing
execution of an Interlocal Agreement between the Monroe County
Land Authority and Monroe County as to the Land Authority's
interim funding of SHIP program mortgages to provide affordable
housing for first time homeowners. Motion carried unanimously.
RESOLUTION NO. 338-1995
See Res. Book No. 127 which is incorporated herein by reference.
COUNTY ATTORNEY
Mr. Rosch addressed the Board. Motion was made by
Commissioner Douglass and seconded by Commissioner London
granting approval and authorizing execution of an Agreement for
the Purchase of Lands (Cutthroat Harbor Estates and Blue Haven
Subdivision) with the Florida Communities Trust ROGO grant.
Motion carried unanimously.
COMMISSIONERS' ITEMS
commissioner London discussed with the Board a meeting
of the Governor's Commission for a Sustainable South Florida
which he had just attended.
COUNTY ATTORNEY
Mr. Rosch addressed the Board. Motion was made by
Commissioner London and seconded by Commissioner Douglass
granting approval and authorizing execution of an Agreement for
the Purchase of Lands (Cutthroat Harbor Estates) with the Florida
Communities Trust ROGO grant. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Douglass discussed with the Board a
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Resolution in support of renaming the community of Marathon to
Marathon Key. Mayor Samuel Feiner, Max Bayard representing the
Marathon Economic Development Council, and John D. Ghee,
addressed the Board. Motion was made by Commissioner Douglass
and seconded by Commissioner Harvey to adopt the following
Resolution. Roll call vote was unanimous.
RESOLUTION NO. 339-1995
See Res. Book No. 127 which is incorporated herein by reference.
Commissioner Douglass discussed with the Board a
Resolution requesting the State of Florida Department of Health
and Rehabilitative Services petition the legislature to amend
Section 381.0065(4) F.S. regarding HRS septic tank construction
permits. Motion was made by Commissioner London and seconded by
commissioner Harvey to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 340-1995
See Res. Book No. 127 which is incorporated herein by reference.
commissioner Reich discussed with the Board a
Resolution lifting the building moratorium on Big pine Key. Mike
Hunt, County Attorney, James T. Hendrick, and Growth Management
Director, Bob Herman, addressed the Board. Motion was made by
Commissioner Reich and seconded by commissioner London to adopt
the Resolution. Roll call vote was taken with the following
results:
Commissioner Douglass No
Commissioner Harvey Yes
Commissioner London No
Commissioner Reich Yes
Mayor Freeman No
Motion failed.
SCHOOL BOARD
Monroe County Superintendent of Schools, Dr. Robert
Walker, addressed the Board concerning a referendum to increase
Monroe County sales taxes by 1/2 cents for the Monroe County
School Board for the construction of new schools.
GROWTH MANAGEMENT DIVISION
The Board continued with Agenda item C-3 concerning a
request by Joseph Farrugia to amend BOCC Resolution No. 210-1994
to extend the length of time of the Settlement Agreement between
Monroe County and Mr. Farrugia for a major development known as
95/291
Coral Harbor. Motion was made by Commissioner London to approve
a request by Joseph Farrugia to amend BOCC Resolution No. 210-
1994 to extend the length of time of the Settlement Agreement
between Monroe County and Mr. Farrugia for a major development
known as Coral Harbor. Motion died for lack of a second.
Monroe County Land Use Council Bob Apgar, of the Law
Office of Apgar, Pelham, Pfeiffer & Theriaque; Growth Management
Director, Bob Herman; Donald Craig of the Craig Company, and
Randy Hilliard addressed the Board.
Motion was made by Mayor Freeman to adopt the
Resolution as presented by Staff amending Resofution No. 210-1994
to extend a Settlement Agreement between Monroe County and Joseph
Farrugia regarding a Major Development known as Coral Harbor
located in Section 1 Township 66 South, Range 32 East,
Tallahassee Meridian, Key Vaca, Monroe County, Florida, located
at approximately MM 50.8, Oceanside, with a deadline of November
3, 1995. Motion died for lack of a second.
Motion was then made by Commissioner London and
seconded by Commissioner Harvey to adopt the following Resolution
as presented by Staff amending Resolution No. 210-1994 to extend
a Settlement Agreement between Monroe County and Joseph Farrugia
regarding a Major Development known as Coral Harbor located in
section 1 Township 66 South, Range 32 East, Tallahassee Meridian,
Key Vaca, Monroe County, Florida, located at approximately MM
50.8, Oceanside for 90 days 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. 341-1995
See Res. Book No. 127 which is incorporated herein by reference.
COMMISSIONERS' ITEMS
The following individuals addressed the Board
concerning a Resolution for voter preference referendum regarding
the Florida Keys National Marine Sanctuary Act, including a
request that Congress be asked to suspend implementation of said
Act pending the outcome of the voter referendum:
Richard Grathwohl, representing Self Fishing Guide;
Mike Hunt, Michael Collins, representing Florida Keys Fishing
95/292
Guides Association; John Sanchez, representing the Monroe County
Commercial Fishermen, Inc.; Dave Holtz, representing the Center
for Marine Conservation; Tina Brown, representing the Marathon
Guides Association; Betty Chaplin, Debra Harrison, representing
The Wilderness Society; Karen Farley- Wilkinson, Michelle Usher,
representing the Conch Coalition; and Carl Hagenkotter, III,
representing victims of NOAA.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to adopt the following Resolution, as
amended. Said amendment as follows:
Page 2
1. The citizens of Monroe County be allowed to vote on
this issue via referendum in the next general election, to be
held on November, 1996.
2. Said referendum shall state:
Shall the Congress of the United States be urged
to rescind the Florida Keys National Marine
Sanctuary Act;
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. 342-1995
See Res. Book No. 127 which is incorporated herein by reference.
COUNTY ATTORNEY
Motion was made by Commissioner Harvey and seconded by
Commissioner London granting approval and authorizing execution
of an Agreement, as amended, for a Crime Lab at the Lester
Building between Monroe County, the Sheriff of Monroe County, and
the Florida Department of Law Enforcement. County Attorney,
James T. Hendrick, addressed the Board. Said amendment as
follows:
Page 1 of 5 Pages Section 2 The initial term of
this lease is for six months beginning at 12:01 a.m. on October
1, 1995, and ending at 11:59 p.m. on
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Page 2 of 5 Pages Section 2 (con't) March 31,
1996. This lease shall be extended on a month-to-month basis, up
to an additional two year term, ending at 11:59 p.m. on September
30, 1999, terminable on sixty (60) days written notice by either
party after March 31, 1996. This lease includes all the terms of
the extension. other than the sixty (60) day notice, no other
signed document is necessary to extend the lease for the
additional term.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner London discussed with the Board health
benefits and medical prescriptions for Monroe County employees.
Motion was made by Commissioner London and seconded by
Commissioner Harvey directing the County Administrator to
negotiate with pharmacies for discounts for county employees
covered by the health plan. Motion carried unanimously.
Rachael Lockhart of the Islamorada Chamber of Commerce,
Inc., addressed the Board concerning the approval of a Lease
Agreement between Monroe County and the Islamorada Chamber of
Commerce. No official action was taken.
COUNTY ADMINISTRATOR
County Administrator, James Roberts discussed with the
Board the status of Channel 16.
COUNTY ATTORNEY
County Attorney, James T. Hendrick, discussed with the
Board a revision to the proposed Ordinance regarding vacation
rentals. Mr. Hendrick discussed the status of the Marathon
Airport litigation and a letter that was received from the
Florida Department of Environmental Protection regarding security
lighting on Keys bridges.
PUBLIC HEARINGS
A Public Hearing concerning an Ordinance adopting a
Land Use District Map Amendment changing the land use designation
for the Joseph J. and Virginia L. Hendrickson property (better
known as Mid-Town Trailer Park) legally described as the
Northerly 300' of Lots 1 and 2, Block 4, Marathon Beach
Subdivision, Part Government Lot 3, Section 10, Township 66
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South, Range 32 East, from Mixed Use (MU) to Urban Residential
Mobile Home (URM); Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code; and providing an
effective date. There was no public input. Motion was made by
Commissioner Douglass and seconded by Commissioner Harvey to
adopt the following Ordinance. Motion carried unanimously, with
commissioner London not present.
ORDINANCE NO. 035-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning an Ordinance
adopting a Land Use District Map Amendment changing the land use
designation for the Ralph Mutchnik property (better known as
Galway Bay Mobile Home Park) legally described as the Eastern
half of Lot 1, and all of Lots 11-15, Square 2, and Lots 1-7,
Square 3, Riggs Subdivision, Part of section 8, and part of
Government Lot 2, section 9, Township 66 South, Range 32 East,
Tallahassee Meridian, Vaca Key, from Mixed Use (MU) and Urban
Residential Mobile Home (URM) to Urban Residential Mobile Home-
Limited (URM-L); Transmitting these amendments to the State Land
Planning Agency for approval; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code; and
providing an effective date. Motion was made by Commissioner
Harvey and seconded by Commissioner Douglass to adopt the
following Ordinance. Motion carried unanimously, with
commissioner London not present.
ORDINANCE NO. 036-1995
See Ord. Book No. 36 which is incorporated herein by reference.
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
APGAR, PELHAM, PFEIFFER & THERIAQUE
Attomeys at Law
Roben C. Apgar
Rebecca A. O'Hara
Thomas G. Pelham
G. Steven Pfeiffer
Shaw P. Stiller
David A. Theriaque
909 East Park A venue
Tallahassee, Aorida 32301
(904) 222-5984
(904) 222-7144 Fax
September 14, 1995
MF.MORANDITM (via fax)
TO~I~~on
~pgar
RE: Monroe County
Please review new Policy 5 below. This is taken from paragraphs 1227 & 1228 of the
Final Order.
Momoe County is not required to iD=rea.se property taxes in order to provide funds
necessary to implement the Remedial Plan. It is, however, required to commit its
reasonably available funds to funding what the Department and Monroe County
ultimately agree is Monroe County's reasonable share of the cost of
implementation. Policy 4, above, does not require Monroe County's taxpayers to
,bear the entire fmancial burden imposed by the Monroe County 2010
Comprehensive Plan. Monroe County's commitment is limited to its reasonable
ability to fund only part of the cost of implementation. To the extent that the state
should assist Monroe County and does not, Monroe County is not required to
provide such funds.
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