06/16/1994 Regular
94/175
IUIIU'lBS
OJ' DB KODOB COmITY
BOARD OJ' COURTY COMNISSIONERS
Regular Meeting
Board of County Commissioners
Thursday, June 16, 1994
Marathon
A Regular Meeting of the Monroe County Board of County
commissioners convened at 1:00 P.M., on the above date, at the
Marathon Government Center. Present and answering to roll call
wara Commissioners Earl Cheal, shirley Freeman, Mary Kay Reich,
Wilhelmina Harvey, and Mayor London. Also present were Danny L.
Kolhage, Cl.rk; 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.
ADDI~IOBS, COUBC'lIOBS MID DBLftIOB.
Motion was made by Commissioner Cheal and seconded by
commi.sioner Fr....n to approve Additions, Corr.ctions, and
Deletions to the Agenda. Motion carried unanimously.
BULIt APPROVALS
Motion was made by Commissioner Freeman and seconded by
comaissioner Cheal granting approval of the following items by
unanimous consent:
Board granted approval to lease a copy machine frOJl
Xerox corporation for the Growth Management Division, Plantation
Kay office, at a aonthly charge of $245.00 for 36 aonths.
Board granted approval of a Restrictive Covenant,
suJ:aitted by Darren scott for building permit application nWlber
94-3-358; the dOC\m8l\t restricts the property owner to having
only on. dwelling unit on two contiguous lot.. The Raatrictive
COVeJUUlt for COIlbining contiguous lots have been filed by the
applicant for the third quarter allocation ending on April 13,
1994, under the requir~ts of the Dwelling unit Allocation Text
~t (ordinance Ho. 016-1992).
94/176
BOard granted approval of a Restrictive Covenant,
submitted by Venetian Shores Inc./Tirrell-Bruni, Inc., for
building permit application number 93-3-8659; 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 second
quarter allocation ending on January 13, 1994, under the
requirements at the Dwelling Unit Allocation Text Amendment
(Ordinance No. 016-1992).
Board granted approval and authorized execution of
Addendum V to the Conceptual Approval Agreement of the Florida
Communities Trust Preservation 2000 Grant Contract for the
purchase of Coco Plum Beach, Marathon.
Board granted approval of the adoption of the following
Resolution authorizing the Mayor to execute, on behalf of Monroe
County, an Agreement between the Florida Department of Community
Affairs, Monroe County, Coconut Grove Park Trustee and William
Manwaring wilson concerning Lot 42, mile marker 100, U.S. 1, Key
Largo, unincorporated Monroe County, Florida.
It.SOLUTIO. BO. 174-1994
See Res. Book No. 122 which is incorporated herein by reference.
Board granted approval of the adoption of the following
Resolution authorizing the Mayor to execute, on behalf of Monroe
County, the submi.sion of a grant application to the Florida
Deparbaent of AgriCUlture and Consumer Services for the Urban and
Co_unity Forestry Grant Program for Local Government prograa
Developaent or Improvement.
"SOLUTIO. .0. 175-1994
See Res. Book No. 122 which is incorporated herein by reference.
Board granted approval of a Restrictive Covenant,
submitted by Wayne Pauly, for building permit application number
94-3-367; the properties to be dedicated are Lots 9, 10, 11 and
12, Square 3, Palma Sola, Key Largo. The Dedication of Land has
been filed by the applicant for the third quartar allocation
ending on April 13, 1994, under the requirements of the Dwelling
Unit Allocation Text Amendment (Ordinance No. 016-1992).
Board granted approval of the adoption of the following
Resolution authorizing the subai.sion of a Grant Application to
the FY94 DCA Anti-Drug Abu.. Grant Progra..
IlBSOLQrIOB~. 171-1".
Se. Rea. Book No. 122 which is incorporated herein by reference.
94/177
GR01I'1'JI IlANAGBIIBBT DIVXSIOB
Board granted approval and acceptance of $45,000.00
within the approval of Supplemental Joint Participation Agreement
(JPA) with the Florida Department of Transportation, and approval
to advertise a Request for Qualifications for the provision of
general transportation planning services pursuant to same
agreement.
COUl1TY ADHIBISTRATOR
Board granted approval to issue an RFP for the
provision of financial advisory services and to extend on a
month-to-month basis the Public Financial Management contract,
which expires June 15, 1994.
Board granted approval to increase the renewal fee to
$50.00 for Munioipal Code corporation subscribers for the period
of 6/1/94 through 5/31/95.
8PBCIAL PItOGllDS OJ'J'ICB
Board granted approval of the adoption of the following
Resolution in support of the subm! ttal for a Drug Elimination
Grant to the u.s. Department of Housing and Urban Development by
the Monroe County Hou.ing Authority
U80LU'lIO. BO. 177-1"4
See Res. Book No. 122 which is incorporated herein by reference.
/
Board granted approval to amend/the ending refund date
approved at the March 24, 1994 Board meeting for cross Key
Waterway Special Taxing District Fund 1140 to 12/31/94 as the
final refund date.
Motion carried unanimously.
IUSCIILLaIIBO08 BULIt APPItOVALS
Growth Manag_ent Director, Bob Herman, addressed the
Board. Motion was _de by Mayor London and seconded by
ccmai.sioner Freaaan granting approval to advertise a Request for
Qualifications for fore.t canopy Jlapping and quality a.se._ent
.ervices. Motion carried unanillOusly.
1Ir. JIerIIan addressed the Board. Motion was _de by
eo-issioner Harvey and seconded by ccmais.ioner rreeaan granting
approval aDd authoriaing execution of an ~t to the Coa.tal
ZOne JIaDaC)...nt S\1I)grant for t:he casspool Identification and
Re,~is ion
94/178
Elimination Project between Monroe county and the Florida
Department of Community Affairs subgrant ,94-0S-72-11-54-01-015.
GROWTH MANAGEMENT DIVISION
An update on legal issues was presented by special
Litigation Council, James T. Hendrick.
Mr. Hendrick discussed the Coconut Grove Bank vs.
Monroe county case; the Principles for Guiding Development, and
communications during the legislative process.
Director of Planning, Lorenzo Aghemo, also discussed
the principles for Guiding Development.
After discussion, motion was made by commissioner Cheal
and seconded by Mayor London directing staff to review the
process on Guiding Development and prepare a schedule for Board ~
consideration.
Dagny Johnson, representing the Upper Keys Citizen's
Association, addressed the Board. After further consideration,
the above motion was withdrawn.
Mr. Hendrick discussed U.s. Post Office construction
throughout the Keys.
Mr. Hendrick also discussed negotiations with the
Florida Department of community Affairs concerning Ordinance Nos.
030-1994 and 031-1994 regarding building permits as described in
Assistant General Counsel, Sherry A. Spiers letter of June 15,
1994, from the Department of Community Affairs. After
discussion, motion was made by commissioner Harvey and seconded
by commissioner Reich granting approval to advertise the proposed
ordinance recommended by the Department of community Affairs
amending Monroe county Ordinance 004-1994 (one hearing only).
Roll Call vote was unanimous.
KISCBLLDBOUS
Motion was made by commissioner Cheal and seconded by
commissioner Harvey to add Tax Collector, Harry Knight's business
to the agenda. Motion carried unanimously.
Mr. xnight discussed refunds concerning Mariners
Hospital special Taxing District and the advertisement in the
Upper Keys Reporter and the Florida Keys Keynoter.
94/179
SOtnmING BOARD
President of the Florida Keys Contractor's Association,
Inc., Walter Carson, addressed the Board concerning the
presentation of two resolutions for Monroe County Board of County
Commissioners support regarding the permitting process. Motion
was made by Commissioner Freeman and seconded by Commissioner
Cheal directing Staff to prepare an approach to the Department of
Community Affairs to further exempt categories of development
orders from Department of Community Affairs review. Roll call
vote was unanimous.
Executive Director of the Florida Keys Contractor's
Association, Inc., Bill Smith, addressed the Board concerning the
requirement of a journeyman on construction sites. No official
action was taken.
GIlO.TJt KADGIDIDI'l' DIVISIOB
Executive Director of the Florida Keys Contractor's
Association, Inc., Bill smith, addressed the Board concerning
u.s. Post Office construction throughout the Keys. No official
action was taken.
Commissioner Harvey excused herself from the meeting
for a short time.
PUBLIC BBARIBG
A Public Hearing was held concerning the adoption of an
Ordinance amending Section 8 of Ordinance No. 005-1992 (The Duck
Key Security District Ordinance) in order to provide that the
Duck Key Security District may be abolished by a referendua
approve by a majority vote of the district electors voting in the
referendum; Providing that the referendum may be held only in the
years with a Pri..ry Blection and only at the Septaaber Primary;
Providing that the Board of County Commissioners may only call
for the referendum upon the presentation of a petition signed by
20' of the District Electors; 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, Ranc:ly Ludacer,
read by title only. There was no public input. Motion was _de
by co..i..ionar Cheal and seconded by c:o_issionar Pre8JlaJl to
adopt the following Ordinance. Motion carried unaniJlOusly, with
Co..issioner Harvey not present.
ORD~ ~. 012-1994
See Ord. Book No. 33 which is incorporated herein by reference.
94/180
Commissioner Harvey re-entered the meeting.
GROWTH MANAGEMENT DIVISION
special Litigation council, James T. Hendrick, and
Growth Management Director, Bob Herman, discussed a Freedom of
Information Act letter sent to the u.s. Postmaster concerning
post office construction throughout the Keys.
Mr. Hendrick discussed an anti-trust issue concerning
the Jet Center wherein no anti-trust existed.
Mr. Hendrick discussed a letter dated June 15, 1994 to
Post Buckley Schuh , Jernigan concerning the Card Sound Road
Project. Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey granting authorization for the law firm of
Morgan , Hendrick to send the June 15, 1994 letter to the law
firm of Blackwell 'Walker. Motion carried unanimously.
Mr. Hendrick discussed the Boot Key Bridge issue.
Mr. Hendrick also discussed a gambling ship operation
in the Upper Keys. Motion was made by Mayor London and seconded
by commissioner Freeman granting authorization for Mr. Hendrick
to do whatever is necessary to bring the problem of the operation
under control. Roll call vote was unanimous.
Mr. Herman discussed Rule 28.20(025) concerning fence.
on Big pine Key, SeawallS, Riprap and Fences without a Principal
Use, and Mangroves and Submerged Lands (as they relate to docking
facilities and the Four Foot Rule water depth issue).
Mr. Herman and Senior Planner, Holly Larson discussed
the update on Intermodal Surface Transportation Efficiency Act
(ISTEA) Enhancements Projects and reconsideration of priority
ranking. Motion was made by Mayor London and seconded by
co..issioner Cheal granting approval of Staff recommendation with
the proviso of requesting the Florida Department of
Transportation to revise the scope of the sugar loaf project to
alleviate their concerns. After consideration, the motion waa
wi thdrawn. Motion was then made by Mayor London and seconded by
Co..issioner Cheal directing the Florida Department of
Transportation to restore the sugar loaf Bike Path Project by
continuing the existing bike path to the entrance of suglarloaf
Boulevard and making a right .West. turn and extending the bike
path to the furthest point possible. Motion carried unaniaously.
Motion was _de by co_i..ioner rreeaan and .econded by
Co_isaionar Cheal granting approval of Staff reco....ndation with
the exception of #1 relating to the sugarloaf Bike Path project,
as indicated the ..-orandua dated June 14, 1994 fro. senior
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Planner Holly Larson to the Board of County Commissioners for re-
ranking ISTEA Enhancement Projects. Motion carried unanimously.
COUftY ADKIBISTRATOR
Robbie Reckwerdt, OWner of Robbies Marina on stock
Island, and County Administrator, James Roberts addressed the
Board. After discussion, motion was made by Commissioner Harvey
granting approval of Mr. Reckwerdt's request to the United states
Senate concerning the inclusion of $160,000 in the FY 1995
Transportation Appropriations Bill for the initial engineering of
a intermodal terminal in Key West, without investing in funds in-
kind or cash. Motion died tor lack at a second.
Pat McNeese, Environmental Resources Director, reported
on the Environmental Resources Department.
JlISCBLLUlBOUS
A Presentation of Honorary Conch Certificates were
presented to George Kundtz and Annette Kundtz tor their hard work
and support in County related issues.
co..issioner Cheal accepted an Honorary Conch
Certificate on behalf of his wife Jeannine Cheal for all her
support extended to him as Commissioner.
COUftI ADKIBI8'1'DTOIl
County Administrator, James Roberts, discussed the
status of the GIS system.
Mr. Roberts reported the status of the progress report
on evaluation of the proposed Monroe County Parks Department.
Mr. Roberts reported on the status of the
Telecommunications Authority.
Mr. Roberts discussed the policy pertaining to major
issues.
1Ir. Roberta r_inded the Board of the budget workshop
ctat_. Arter Board di8CU8.ion, JIOtion was ..de by coaai..ioner
Cheal and .econded by eo-is.ioner Harvey setting the date. of
July 12, 13, and 14, 1994 for the budget hearings to be held in
the Marathon BOCC _tinq rooa to begin at 9:00 A.M. Motion
carried unanUaously.
IIotion was _de by Coaai..ioner Cheal and seconded by
94/182
Commissioner Freeman granting approval and authorizing execution
of Amendment No. II to HRS Contract No. KH383 which extends the
contract to 12/20/94, and increases the amount awarded to Monroe
County by $59,444.00 for substance abuse treatment provided by
the Guidance Clinic of the Middle Keys. Motion carried
unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich granting approval of a refund request to the
Ocean Reef Club in the amount of $7,560.00 for fees paid for
Permit No. 9430000584 issued on 3/24/94 for asphalt paving of
existing roads required as a result of damage caused by Hurricane
Andrew. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting approval and authorizing execution
of Amendment No. 1 to Subcontract of HRS Contract No. KH383 with
the Guidance Clinic of the Middle Keys to extend the contract to
12/20/94, and to increase maximUJD payment to $190,568.34 for
residential level 1 services required under KH383. Motion
carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting approval and authorizing execution
of Amendment No. 1 to SUbcontract of HRS Contract No. KH383 with
the Guidance Clinic of the Middle Keys to extend the contract to
12/20/94, and to increase maximUJD payment to $224,384.CO for
Central Intake Unit, Detoxification, and Outpatient Services
required under No. KH383. Motion carried unanimously.
Mr. Roberts discussed the progress of the Public
Opinion Poll.
There being no further business, the meeting was
adjourned.
Clerk to the Board of County
Commissioners of Monroe County
~ c. 0 ~~
Isabel C. DeSantis,~
Deputy Clerk