04/12/1994 Special •
94/109
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, April 12 , 1994
Marathon
A Special Meeting of the Monroe County Board of County
Commissioners convened at 9 : 00 A.M. , on the above date, at the
Marathon Regional Service Center. Present and answering to roll
call were Commissioners Earl Cheal, Mary Kay Reich, Wilhelmina
Harvey, and Mayor London. Absent was Commissioner Shirley
Freeman. Also present were Danny L. Kolhage, 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 Harvey granting approval of the Additions,
Corrections, and Deletions to the Agenda. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich to adopt a Resolution authorizing the Mayor of
Monroe County to provide the U.S. Army Corps of Engineers with
written comments on the Draft General Reevaluation Report and
Environmental Impact Statement for the proposed reconstruction of
the C-111 Canal. Said Resolution to also include an additional
WHEREAS section that discusses the impacts of quality of life.
During discussion, motion was made by Commissioner Cheal and
seconded by Commissioner Harvey to continue this item to later in
the day. Motion carried unanimously.
Motion was made by Mayor London and seconded by
Commissioner Cheal granting approval of Commissioner Reich's
nomination of Mary White Hansley to be appointed to the Planning
l Commission District 5, to replace Svenn Lindskold who resigned.
Motion carried unanimously.
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Motion was made by Commissioner Harvey and seconded by
Commissioner Cheal granting approval of the Bond of Ulric E.
Sweeting as Harbor Master of the Port of Key West, Monroe County.
Motion carried unanimously.
Commissioner Cheal discussed the Board's previous
action concerning Marathon Aero Services, Inc. d/b/a The Jet
Center. Special Litigation James T. Hendrick, addressed the
Board concerning his discussion with an anti-trust attorney
concerning this matter. No official action was taken.
GROWTH MANAGEMENT DIVISION
Special Litigation Counsel, James T. Hendrick, referred
to his opinion concerning the ability of Monroe County to provide
relief from the Land Development Regulations for temporary
relocation of the Tax Collector' s Staff. No official action was
taken.
Director Charles G. Pattison, Division of Resource
Planning and Management, of the Florida Department of Community
Affairs, and Mr. Hendrick, addressed the Board, concerning the
Department of Community Affairs (DCA) Rule 28-20. 024 regarding
changes to the Monroe County Land Development Regulations.
The following individuals addressed the Board:
William Cleare Filer, Growth Management Director, Bob
Herman, Marsha Van Duren, Dagny Johnson, representing the Upper
Keys Citizen's Association; Eugene Shinkevich, Monica Haskell,
Betty Vail, George Kundtz, representing the Florida Keys Citizens
Coalition; H.T. Pontin, Charles G. Pattison, and Ken Metcalf of
the Department of Community Affairs.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey directing the County's litigation team of
Apgar, et al, to stipulate with the Department of Community
Affairs to the adoption of the Land Development Regulations which
are indicated as "agreed" as referred to in the letter dated
March 21, 1994, to Growth Management Director, Robert L. Herman,
from Director Charles G. Pattison, Division of Resource Planning
and Management. Roll call vote was taken with the following
results:
Commissioner Cheal No
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
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Motion was made by Commissioner Reich and seconded by
Commissioner Harvey directing Staff and the litigation team of
Apgar, et al, to work with the Department of Community Affairs to
include in the Rate of Growth Land Development Regulation,
language that is consistent with Policy No. 101.5.9 in the
recently adopted Comprehensive Plan. Roll call vote was taken
with the following results:
Commissioner Cheal No
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Motion was made by Commissioner Reich and seconded by
Mayor London with respect to the disagreed items in the March 21,
1994 letter to direct the litigation team of Apgar, et al, to
continue efforts with the Department of Community Affairs to
delete those items from the proposed rule and failing that to
bring those items before the Governor and the Cabinet to be
decided, also including reference to William. Cleare Filer's
concerns as indicated in his letter dated April 9, 1994,
submitted to the Commission as part of the negotiations with the
Department of Community Affairs. Roll call vote was taken with
the following results:
Commissioner Cheal No
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Commissioner Cheal discussed the definition of live-
aboards. Mr. Hendrick addressed the Board. Motion was made by
Commissioner Cheal and seconded by Mayor London directing Staff
to coordinate with legal Staff to develop draft legislation to
bring back to the Board concerning live-aboards, mobile vendors,
and transient uses. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
The Board returned to the discussion of Agenda item D-1
concerning the adoption of a Resolution authorizing the Mayor of
Monroe County to provide the U.S. Army Corps of Engineers with
written comments on the Draft General Reevaluation Report and
Environmental Impact Statement for the proposed reconstruction of
the C-111 Canal. Motion was made by Mayor London and seconded by
Commissioner Reich to adopt the following Resolution and letter
dated April 12, 1994, as revised. Said letter is attached hereto
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and made a part hereof. Said revision as follows:
Add an additional WHEREAS section that discusses the
quality of life.
RESOLUTION NO. 121-1994
See Res. Book No. 121 which is incorporated herein by reference.
Motion carried unanimously.
There being no further business, the meeting was
adjourned.
Clerk to the Board of County
Commissioners of Monroe County
a•Clest.
C. I
Isabel C. DeSantis,
Deputy Clerk