02/15/1994 Regular 94/37
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, February 15, 1994
Key Largo Library
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9: 00 A.M. , on the above date, in Key
Largo. Present and answering to roll call were Commissioners
Earl Cheal, Shirley Freeman, Wilhelmina Harvey, Mary Kay Reich
and Mayor London. 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.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to approve Additions, Corrections, or
Deletions to the Agenda. Motion carried unanimously.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal granting authorization for the Mayor to send a
letter to Arthur Teele, Chairman of the Dade County Commission,
applauding the commission's leadership role in the development of
the new "Sunburst" tourist signs that are presently being in
placed crucial areas of Dade County. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey granting authorization to send a letter to
D'Marlin Express in Key Largo concerning the use of Bus Stops.
Motion carried unanimously.
( SOUNDING BOARD
Juanita Greene, an environmental writer, addressed the
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Board concerning a request that the new boat ramp at Harry Harris
Park be closed to jet skis upon its completion. After
discussion, motion was made by Commissioner Harvey and seconded
by Commissioner Freeman requesting Public Works to install a sign
at the boat ramp indicating it is closed to jet skis. Roll call
vote was unanimous.
Shannon Biondoletti addressed the Board concerning the
extension of the bike path from Harry Harris Park to the existing
sidewalk in Tavernier. County Engineer, Dave Koppel, addressed
the Board. After discussion, motion was made by Commissioner
Reich and seconded by Commissioner Harvey directing Staff to
incorporate the extension of the bike path into the current work
program schedule and obtain appropriate permit, from the Florida
Department of Transportation. Motion carried unanimously.
Thomas S. Fouts, realtor, addressed the Board
concerning Monroe County purchasing the Coral Bowl in Islamorada
as a community recreation and fine arts center. County
Administrator James Roberts addressed the Board. Motion was made
by Commissioner Harvey and seconded by Commissioner Reich to
refer the proposal to the County Attorney, County Administrator,
Tourist Development Council, Monroe County Fine Arts Council, and
the Monroe County School Board. After discussion, Commissioner
Harvey withdrew her motion. Motion was then made by Commissioner
Cheal and seconded by Commissioner Freeman requesting Staff to
coordinate with the Monroe County School Board, Tourist
Development Council, and Florida Keys Community College for joint
participation on new school facilities that may be constructed.
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
Motion carried.
Robert DeHaven, representing the Key Haven Civic
Association, addressed the Board concerning transient rentals.
Motion was made by Commissioner Harvey and seconded by
Commissioner Freeman to allow Mr. DeHaven additional time to
address the Board. Motion carried unanimously.
The following individuals also addressed the Board
concerning transient rentals:
Code Enforcement Director, Marty Arnold; George Nyman,
representing Century 21 Realty; Alexa Wheeler, representing
Freewheeler Vacations; Eric Beattie, representing Freelance, Ltd,
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Inc. , Patti Stanley, Tom Fouts, President of the Florida Keys
Board of Realtors; and Eugene Paxton, representing the Big Pine
Key Civic Association.
Motion was made by Mayor London and seconded by
Commissioner Freeman directing the Code Enforcement attorney to
immediately prepare a case for Court or for prosecution before
the Code Enforcement Board, as the facts may warrant. Roll call
vote was taken with the following results:
Commissioner Cheal No
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Motion was made by Commissioner Freeman and seconded by
Mayor London directing Staff to implement the previous Resolution
seeking cooperation between property owners and realtors. Roll
call vote was taken with the following results:
Commissioner Cheal No
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
Motion failed.
Motion was made by Commissioner Cheal directing Staff
to enforce the Monroe County Code in accordance with current
procedures where primary emphasis is given to complaints. Motion
died for lack of a second.
DIVISION OF GROWTH MANAGEMENT
Gene Rhodus and Growth Management Director, Bob Herman,
addressed the Board. Motion was made by Commissioner Reich and
seconded by Commissioner Harvey to adopt the following Resolution
to the Department of Community Affairs expressing Monroe County's
support of personal hurricane refuges as well as stressing that
the entire Monroe County Comprehensive Plan is based on hurricane
protection. Motion carried unanimously.
RESOLUTION NO. 042-1994
See Res. Book No. 120 which is incorporated herein by reference.
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DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors of District #1 Lower and Middle
Keys Fire and Ambulance District convened. Present and answering
to roll call were Commissioners Shirley Freeman, Jack London, and
Chairman Cheal. Absent were Commissioners James Feinhoff and Hal
Halenza.
Motion was made by Commissioner, London and seconded by
Chairman Cheal granting approval to reject all bids for the
remount/refurbishment of a Type III Ambulance and readvertise for
bids with revised specifications.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
The Board of County Commissioners reconvened with all
Commissioners present.
COUNTY CLERK
Lavon P. Wisher, Managing Director of Public Financial
Management, Inc. , and Judson Freeman, Jr. , Bond Counsel with
Squire, Sanders & Dempsey addressed the Board. Motion was made
by Commissioner Cheal and seconded by Commissioner Freeman to
adopt the following Resolution authorizing the Defeasance of the
Outstanding Card Sound Road and Bridge Improvement, Revenue
Bonds, Series 1993 , of Monroe County, Florida and providing an
effective date. Roll call vote was unanimous.
RESOLUTION NO. 043-1994
See Res. Book No. 120 which is incorporated herein by reference.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Environmental Management Director, Barry Boldissar, Guy
McMahan, Bob Ernst, Ellsworth Mink, representing Waste
Management, Inc. ; and Adam Matthews, General Manager of IWS,
addressed the Board concerning negotiations with the existing
franchisees to provide solid waste collection service in four
service areas. Motion was made by Commissioner Reich and
seconded by Commissioner Freeman granting authorization to
negotiate a contract for solid waste collection based on the
rates as presented in the Lower Keys by Bland Disposal, the
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Middle Keys by Marathon Garbage/Island Disposal, and the Upper
Keys by Keys Sanitary. These prices are based on existing
service levels, and should those levels of service change,
adjustments to the pricing for those services will be made. Roll
call vote was unanimous.
Commissioner Harvey excused herself from the Meeting.
COMMISSIONERS' ITEMS
Sheriff Richard D. Roth addressed the Board. Motion
was made by Commissioner Cheal and seconded by Commissioner
Freeman to adopt the following Resolution directing requesting
the County Attorney and Sheriff to negotiate a Lease with the
Florida Department of Law Enforcement for the Crime Lab Facility
at Key West. Motion carried unanimously, with Commissioner
Harvey not present.
RESOLUTION NO. 044-1994
See Res. Book No. 120 which is incorporated herein by reference.
SHERIFF'S DEPARTMENT
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting approval for expenditure from the
Law Enforcement Trust Fund for the following items:
Dell 433/L computer system for $ 1,852 . 00
use in Civil Division
Protective gear and parabolic
microphone for use by the
SWAT team 14, 675. 00
Laptop computer for use by the
Corrections Program Coordinator 4, 138.77
One year lease of three
computerized Identikit systems 1,440. 00
to be used to prepare
description of suspects
Bumper stickers, brochures,
business cards and signs to be
used by the Crime Stoppers 2 ,781. 00
Program
Total $ 24,886.77
Motion carried unanimously, with Commissioner Harvey not present.
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Commissioner Harvey re-entered the meeting.
Commissioner Reich discussed the use of bus stops in
the Key Largo area with Sheriff Roth. No official action was
taken.
Sheriff Richard D. Roth discussed an Agreement between
the Department of Corrections and the Monroe County Sheriff's
Office. No official action was taken.
BULK APPROVALS
Motion was made by Mayor London and seconded by
Commissioner Freeman to approve the following items by unanimous
consent:
Board granted approval and authorized execution of an
Interlocal Agreement between Monroe County and the City of Key
Colony Beach regarding the collection, holding in trust, and
transfer of impact fees.
Board granted approval of a Flood Variance Application
of Gerard Aliseo, for a 324 foot detached garage enclosure below
base flood elevation, for parking only on property, located on
the north 1/2 of Lot 16 and Lot 17, Block 19, Cudjoe Gardens,
Cudjoe Key, IS, Coastal Flood Zone AE 10 ' above MSL, Panel
1492G/LOMR.
Board granted approval of a Flood Variance Application
of David and Louise Pease, for a detached 846 square foot garage
enclosure, below base flood elevation, located on Lot 9, Ocean
Reef Plat No. 4, Channel Cay, Ocean Reef Club, Key Largo, IS,
Coastal Flood Zone VE 12 ' , Panel 0659F.
Board granted approval to advertise an ordinance
providing for sea turtle protection and prohibiting certain
activities disruptive to sea turtles.
Board adopted the following Resolution authorizing the
Mayor to execute a Settlement Agreement between Florentino
Gonzalez and Monroe County concerning settlement of Monroe County
Circuit Court Case No. 88-116-CA-18.
RESOLUTION NO. 045-1994
See Res. Book No. 120 which is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of the appointment of Joan
Cutler to the Older American Advisory Board.
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DIVISION OF MANAGEMENT SERVICES
Board granted approval to accept proposal from Arthur
J. Gallagher & Company to provide Property Insurance for the TV
Translator System, in the amount of $31,124. 00.
Motion carried unanimously.
COUNTY CLERK
Motion was made by Mayor London and seconded by
Commissioner Freeman to approve the following expenditures:
FINES AND FORFEITURES
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, The Care Center
for Mental Health, in the amount of $1, 000.00; Dr. Leslie Morgan,
in the amount of $750. 00; Dr. Guillermo Marcovici, in the amount
of $400. 00; Dr. Deborah Harrison, in the amount of $250. 00; David
Nathanson, in the amount of $300. 00; John Freid, in the amount of
$1,160. 00; Kathyrn Kuehnle, Ph.D. , in the amount of $125. 00;
Guidance Clinic of the Middle Keys, in the amount of $500. 00.
COURT APPOINTED ATTORNEY'S, Leighton G. Morse, in the
amount of $4, 054. 00; Margaret Broz, in the amount of $737. 00;
Tegan Slaton, in the amount of $840. 00; Timothy Thomes, in the
amount of $350. 00; John Rotolo, in the amount of $1,262.50;
Stephen Isherwood, in the amount of $1,327. 50; William Kuypers,
in the amount of $770. 00; Jason Smith, in the amount of
$1,435.00; Candida Cobb, in the amount of $350. 00; Dennis Casey,
in the amount of $350. 00.
OTHER EXPENSES, State of Florida, in the amount of
$1, 660.57; State of Florida - copies, in the amount of $283 .20;
Louis J. Spallone, in the amount of $2,500. 00; Witness Lodging,
in the amount of $280. 00; Richard Roth, in the amount of
$6,738.41.
COURT REPORTERS, Lisa Roeser, in the amount of
$1,801.75; Tara Martin, in the amount of $56.90; Kathleen Fegers,
in the amount of $1,545.75; Florida Keys Reporting, in the amount
of $439.25; Associated Court Reporting, in the amount of
$2, 149.00; Nancy Maleske, in the amount of $303 .75; Amy Landry,
in the amount of $2, 585. 00; Nichols & Hardy, in the amount of
$552 .50.
COURT INTERPRETERS, Katarzyna Chordscik, in the amount
of $25.00; Juan Borges, in the amount of $110. 00; Eva Carbone, in
L the amount of $60.00; Susan Tellez, in the amount of $125. 00;
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J.R. Alayon, in the amount of $195. 00; Maria Gonzalez, in the
amount of $75. 00; Jose Menendez, in the amount of $285. 00;
William Waddell, in the amount of $455. 00.
WARRANTS
REGULAR WITNESS FEES, Witness Payroll, in the amount of
$380.85.
TRAVEL EXPENSES, Witness Travel, in the amount of
$950. 00.
WORKERS COMPENSATION FUND (501) , #4024-#4028, in the
amount of $53, 004 .71
UPPER KEYS TRAUMA DISTRICT (144) , #207-#210, in the
amount of $32, 031. 64
TRANSLATOR FUND (142) , #462-#465, in the amount of
$74, 091.68
TOURIST DEVELOPMENT COUNCIL (107-111, 116-121) , #866-
#873, in the amount of $622,257.79
SUPPLEMENT TO GENERAL REVENUE FUND (002) , #507-#510, in
the amount of $111,941. 85
FL TRUST FUND (600, 601) , #1064-1066, in the amount of
$172 .11
SALES TAX BOND ANTICIPATION NOTE (305) , #175-#180, in
the amount of $633,542 . 09
ROAD AND BRIDGE OPERATING (102) , #807-#810, in the
amount of $215,454.79
RISK MANAGEMENT FUND (503) , #274-#279, in the amount
of $93,299.40
PLANNING,BUILDING,& CODE ENFORCEMENT/
PARKS & BEACHES UNINCORPORATED (148, 147) , #482-#486, in
the amount of $415,184 . 37
MSD TAXING DISTRICTS (145, 146, 141) , #774-#777, in the
amount of $419, 013 .32
MSD PLEDGED FUNDS (414) , #367-#374, in the amount of
$1,294,472 .21
LAW LIBRARY FUND (103) , #432-434, in the amount of
$1,453 .35
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MONROE COUNTY GROUP INS FUND (502) , #633-#637, in the
amount of $105, 087.70
GENERAL REVENUE FUND (001) , #207762-#209409, in the
amount of $6,386,205.82
FINE & FORFEITURE FUND (101) , #1410-#1422, in the
amount of $308,454.55
FAIR SHARE IMPROVEMENT TRUST FUND (130-134) , #158-#160,
in the amount of $3,742 .89
CARD SOUND BRIDGE FUND (401) , #525-#529, in the amount
of $99, 399.70
CAPITAL PROJECTS FUND (301) , #679-#687, in the amount
of $1, 672,067.91
AIRPORT OPERATION & MAINTENANCE FUND (004) , #865-#872,
in the amount of $549,852 . 03
VENETIAN SHORES SPEC RD DIST (149) , #0056-#0058, in the
amount of $4,440.43
MARINERS HOSPITAL SPEC TAX (715) , #087-#090, in the amount
of $13,276.98
MONROE COUNTY LOCAL HOUSING ASSIST. , #1002, in the amount of
$125. 00
COMMUNITY DEVELOPMENT BLOCK GRANT (100) , #0068, in the
amount of $87.94
Motion carried unanimously.
DIVISION OF PUBLIC WORKS
County Engineer, Dave Koppel, discussed his reports
dated January 28 and February 8, 1994, concerning the Card Sound
Road and Toll District. No official action was taken.
Mr. Koppel addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Cheal granting
approval of the following Staff recommendation concerning Card
Sound Bridge Tolls:
1. Do not expand the toll booth facility.
2 . Develop a policy to waive tolls during critical
traffic periods where extensive traffic backups
occur.
( 94/46
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
Commissioner Reich granting revocation of a Memorandum of
Understanding with the Florida Department of Community Affairs
regarding Channel Marking. Motion carried unanimously.
Motion was made by Mayor London and seconded by
Commissioner Freeman granting approval and authorizing execution
of Amendment No. 4 to a Cooperative Agreement between the South
Florida Water Management District and Monroe County for the
implementation of the Stormwater Management Ordinance. Motion
carried unanimously.
Special Litigation Counsel, James T. Hendrick, and
Growth Management Director, Bob Herman, addressed the Board.
After discussion, motion was made by Commissioner Cheal and
seconded by Commissioner Freeman authorizing execution and
granting approval of the following:
Letter of Engagement between Monroe County and Morgan &
Hendrick regarding General Civil Litigation.
Letter of Engagement between Monroe County and Morgan &
Hendrick regarding Special Litigation.
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
DIVISION OF COMMUNITY SERVICES
Community Services Director, Peter Horton, discussed
the imposing of user fees in the library community rooms. The
following individuals addressed the Board:
Alice J. Skinger, Chairman of the Library Advisory
Board, and P. C. Morrow, representing Friends of the Library.
Motion was made by Commissioner Freeman and seconded by
Commissioner Reich not to impose the user fees in the library
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\1
community rooms. Roll call vote was unanimous.
Motion was made by Commissioner Cheal to develop a
system to encourage individual contributions when organizations
use the meeting rooms. Motion died for lack of a second.
Mr. Horton discussed the Florida Keys Council for the
Handicapped Board/Committee. Motion was made by Commissioner
Reich and seconded by Commissioner Harvey for the Board to be
reinstated and new members be appointed. Motion carried
unanimously.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, addressed the
Board. Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting a request for variance to reinstate
an expired building permit, for hardship reasons, pursuant to
Section 1(f) (1) of Ordinance 036-1993 , for property described as
Block 8, Lot 15, Ocean Isle Estates, Exuma Road, Key Largo.
Motion carried unanimously.
PUBLIC HEARING
A Public Hearing was held concerning the adoption of an
Ordinance amending Ordinance 036-1993 and Section 6-40, Monroe
County Code; Providing that a building permit be required for
each principal structure prior to construction; Providing for
compliance with the Dwelling Unit Allocation Ordinance; Providing
for expiration of Building Permits older than five (5) Years;
Providing for completion of structures which have received an
approved framing inspection; Providing for declaration of public
nuisance and requiring the completion or removal of principal
structure(s) which have not received either a final exterior
inspection or a Certificate of Occupancy within two (2) years of
an approved framing inspection; Providing a Variance procedure;
Providing that the provision of this Ordinance shall control over
any inconsistent provisions of the Monroe County Code; Providing
for severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for the incorporation into the
Monroe Code; and providing an effective date. County Attorney,
Randy Ludacer, read by title only. Special Litigation Counsel,
James T. Hendrick; Growth Management Director, Bob Herman; Jack
Kepler, Louis Quirch, Bill Cullen, and Bill Smith representing
the Florida Keys Contractor's Association; Bill addressed the
Board. Motion was made by Commissioner Freeman and seconded by
Commissioner Reich to adopt the following Ordinance, as amended.
Said amendment to read as follows:
Page 5 Section 1. (f)
'ReVIs1Or
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4. That construction had commenced as defined under
Monroe County Code 9.5-4 (c) (10) under a now expired
owner-builder permit (including a permit issued to
a licensed contractor for the contractor's
residence issued prior to the effective date of
Ordinance No. 016-1992 (the Dwelling Unit
Allocation Ordinance) . An application for variance
under this paragraph must be filed no later than
one hundred twenty (120) days from the effective
date of this Ordinance. A permit holder may secure
a variance for completion of only one residential
unit under this provision.
Roll call vote was taken with the following results:
Commissioner Cheal No
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
ORDINANCE NO. 004-1994
See Ord. Book No. 32 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Special Litigation Council, James T. Hendrick,
discussed a letter dated February 14, 1994 to Post, Buckley,
Schuh & Jernigan, Inc. , concerning the Card Sound Road estimate
disparity. After discussion, motion was made by Commissioner
Freeman and seconded by Commissioner Cheal authorizing Mr.
Hendrick to pursue discovery and negotiate a settlement with the
assistance of County Administrator, Jim Roberts, and if
negotiations fail, pursue mediation. Commissioner Cheal excused
himself from the meeting. Roll call vote was taken with the
following results:
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried, with Commissioner Cheal not present.
Commissioner Cheal re-entered the Meeting.
Mr. Hendrick discussed the status of the Matecumbe
Marina vs. Monroe County, and the Coral Coast Subdivision
lawsuits.
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George R. Parks addressed the Board. Motion was made
by Commissioner Cheal and seconded by Commissioner Reich
approving the consideration of the Parks and Recreation Board's
unanimous recommendation to direct Staff to construct a barrier
in the park located at Atlantic Boulevard and Garden Cove Drive,
Mile Marker 106, Key Largo, to prohibit the launching of boats in
an area that does not comply with Section 9.5-345 (m) ,
Environmental Design Criteria for Mangroves and Submerged Lands,
Monroe County Land Development Regulations. Motion carried
unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich granting approval of the Contractors Examining
Board's recommendation that Mr. Charles Miller be selected to
replace Mr. M. Padron as a member of that Board. Motion carried
unanimously.
COUNTY ADMINISTRATOR
County Administrator, James Roberts discussed the
Policy Document for Fiscal Year 1995 Budget. No official action
was taken.
Mr. Roberts discussed his recommendation not to approve
Post, Buckley, Schuh & Jernigan, Inc. 's renewal contract due in
February, 1994. Motion was made by Commissioner Cheal and
seconded by Commissioner Freeman granting approval of Staff
recommendation not to approve the renewal of the existing
Contract. Roll call vote was unanimous.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal to award the bid for publication of Monroe
County's 1993 Delinquent Tax Rolls to The Reporter. Roll call
vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London No
Motion failed.
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich to approve Staff recommendation that the Key
West Citizen be awarded the four times per year delinquent tax
publications and The Reporter (because of its low bid) be awarded
the one time per year personal property publication. Roll call
vote was unanimous.
Commissioner Harvey nominated Jim Ruddy, and
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Commissioner Cheal nominated Arnie Steinmetz to the Career
Service Council. The Board proceeded to ballot on the two
candidates on the basis of the lowest point total being the
individual selected, with the following results:
Cheal Freeman Harvey Reich London Total
Ruddy 2 1 1 1 1 6
Steinmetz 1 2 2 2 2 9
Motion was made by Commissioner Reich and seconded by
Mayor London to approve the nomination of Jim Ruddy to serve on
the Career Service Council. Motion carried unanimously.
Mr. Roberts discussed the Capital Improvement Projects
Fund #304 - One Cent Infrastructure Sales Tax, Fiscal Year 1994.
After discussion, motion was made by Commissioner Reich and
seconded by Commissioner Cheal granting approval of the revised
Capital Improvements Project for Fiscal Year 1994, which is
attached hereto and made a. part hereof. Roll call vote was taken
with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Motion was made by Commissioner Reich and seconded by
Commissioner Cheal granting authorization to proceed with
negotiations on the property known as Arby's Park. Roll call
vote was unanimous.
PUBLIC HEARING
A continuation of a Public Hearing was held concerning
an Ordinance amending the Land Development Regulations (Chapter
9.5, Monroe County Code) by creating Code Chapters 9.5-101 and
9.5-102, authorizing Development Agreements and providing for
implementation procedures; Providing for repeal of all Ordinances
inconsistent herewith; Providing for transmittal to the Secretary
of State of the State of Florida; and providing an effective
date. County Attorney, Randy Ludacer, read by title only.
The following people addressed the Board:
Special Litigation Counsel, James T. Hendrick; Dagny
Johnson, representing the Upper Keys Citizens Association; David
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Ritz, representing the Ocean Reef Community Association; and
Assistant County Attorney, Garth Coller, representing Fred
Tittle. Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to adopt the following Ordinance as
modified. Said modification as follows:
Page 4 Section 9.5-102 . Development Agreement
Approval Procedures
a.
1. Replace the words "5 years" with the words "10
years" . Add a "comma (, ) " after the words "5
years" and add the words "any duration specified
in a Development Agreement shall supersede any
conflicting duration in this Chapter. ", after the
word "and" at the end of the same paragraph.
Add the following new paragraph:
2. The development was initially approved pursuant to
Development Order issued prior to the effective
date of this Ordinance or is proposed by another
governmental agency.
Renumber remaining paragraphs two through four to three
through five in the Section.
Roll call vote was unanimous.
ORDINANCE NO. 005-1994
See Ord. Book No. 32 which is incorporated herein by reference.
DIVISION OF MANAGEMENT SERVICES
County Administrator, James Roberts discussed the
renewal of the USF&G property Insurance Policy. Motion was made
by Commissioner Reich and seconded by Commissioner Harvey
granting approval of the following four (4) Staff recommendations
as contained in Risk Management's memo dated February 2, 1994, as
follows:
1. Request the Board of County Commissioner's to
declare an emergency, waiving the Purchasing Policy
and Procedures Manual and entertain alternate
proposals.
2 . Authorize the County Administrator to accept any
alternate proposal determined to be in the best
interest of the County by the Risk Consultant and
Risk Manager, and to bind the coverage, effective
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March 15, 1994 .
3 . If no other proposals are received or deemed
acceptable, authorize renewal of the USF&G policy
as quoted, and seek coverage from the Florida
Windstorm Underwriting Association to respond to
the $1,000,000 per location windstorm deductible.
4. Require the Administrator to report back to the
Board of County Commissioners at the March 24,
1994 meeting confirming the results of all actions
taken.
Motion carried unanimously.
Motion was made by Commissioner Freeman and seconded by
Commissioner Reich granting approval to pay travel expenses for
Mr. Reggie Williams, Director of Community Service, Volusia
County, to attend Monroe County Human Services Organization to
discuss Fiscal Year 1995 budget. Motion carried unanimously.
COUNTY CLERK
Motion was made by Commissioner Reich and seconded by
Commissioner Cheal granting approval of the Clerk of Court, Danny
Kolhage's recommendation to authorize the County Attorney to
proceed with whatever civil litigation is necessary in order to
recover the four Hydrolab Data Sonde Instruments from Dr. Brian
LaPointe. Motion carried unanimously.
Mr. Kolhage discussed and gave notice to the Board of
the intended disposition of tape recordings of past Board of
County Commission Meetings from the period of August 23 , 1977
through December 19, 1990. Motion was made by Commissioner Reich
and seconded by Commissioner Cheal authorizing the Clerk to
dispose of the tapes in the cheapest possible way. Motion
carried unanimously.
COUNTY ATTORNEY
County Attorney, Randy Ludacer, discussed the Comerica
case and indicated that Monroe County would probably be receiving
an Order for cost reimbursement in the amount of $40, 000. 00
against the plaintiffs.
Mr. Ludacer discussed Assistant County Attorney Joe
Kelinson's activities and success in bond remission and
attorney's fees cases.
Mr. Ludacer advised the Board that the County and the
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Clerk of the Court were successful in the Latitude 24 case.
Mr. Ludacer briefly discussed the Puyanic/Tavernier
Town Lease and the Upper Keys Youth Association.
Mr. Ludacer discussed the approval of an Interlocal
Agreement with the City of Key West and the City of Key Colony
Beach concerning the Monroe County Telecommunications Authority
created to regulate rates and services to consumers of cable
television services within Monroe County, and that this item
would be continued to tomorrow's Board meeting, pending the City
of Key West's action on the Agreement.
COMMISSIONERS' ITEMS
Commissioner Harvey discussed the Key Largo Board
Meetings. Motion was made by Commissioner Harvey and seconded by
Commissioner Reich for the Key Largo Board meetings to begin at
10: 00 A.M. on the first day. Roll call vote was unanimous.
Motion was made by Commissioner Harvey and seconded by
Commissioner Freeman to send a wreath in memory of deceased
former County Commissioner Richard Kerr. Motion carried
unanimously.
Motion was made by Commissioner Reich and seconded by
Mayor London the discussion concerning the opening of a porno-
graphic shop in Key Largo to tomorrow's Board meeting. Motion
carried unanimously.
There being no further business, the meeting was
adjourned.
Clerk to the Board of County
Commissioners of Monroe County
J10141 c .
Isabel C. DeSantis,
Deputy Clerk