05/04/1993 Regular 93/199
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, May 4, 1993
Key West
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 1: 00 p.m. Present and answering to
roll call were Commissioner Wilhelmina Harvey, Commissioner Mary
Kay Reich, and Mayor Pro-Tem Earl Cheal. Absent were
Commissioner Shirley Freeman and Mayor Jack London. Also present
were Danny Kolhage, Clerk; Isabel DeSantis, Deputy Clerk; Randy
Ludacer, County Attorney; Tom Brown, County Administrator;
members of the Press and Radio; and the general public.
i
ADDITIONS, CORRECTIONS, DELETIONS,
There were no Additions, Corrections, or Deletions.
Motion was made by Mayor Pro Tem Cheal and seconded by
Commissioner Reich to approve the following items by unanimous
consent:
CONSENT AGENDA
Execution of acknowledgement of the receipt of Notice
of Assignment of Payments owed by the County under the Data
General Corporation Contract of May 12, 1992 .
Refund request to Barbara Barzen, in the amount of
$56.25, for a Certificate of Competency which was never issued.
Refund request to Michael L. Gibbs in the amount of
$40. 00, for shed permit no. 9330009399, issued and not necessary
for the work to be done.
Per Staff conditions and recommendations, the
Application for Variance to the Flood Hazard Ordinance of Jeffrey
R. Braun - 600 square foot detached garage enclosure below base
flood elevation, located on Lot 6, Block 1, Fontaine Lake
Estates, Plantation Key, IS, Coastal Flood Zone AE8, Panel 1131F.
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Per Staff conditions and recommendations, the
Application for Variance to the Flood Hazard Ordinance of Edward
Rega - 472 square foot detached garage enclosure below base flood
elevation, located on Lots 25 & 26, amended plat of Dolphin
Harbor, No Name Key, IS, Coastal Flood Zone AE7, Panel 1529G.
Per Staff conditions and recommendations, the
Application for Variance to the Flood Hazard Ordinance of John H.
Wood - first time placement of a mobile home below base flood
elevation, located on Lot 19, Block 1, Lake Surprise Estates, Key
Largo, URM, Coastal Flood Zone AE9, Panel 0842F.
DIVISION OF GROWTH MANAGEMENT
Extension on the completion deadline in an existing
Joint Participation Agreement with Florida Department of
Transportation regarding the preparation of a Long-Range
Transportation Plan and Traffic Model, Contract No. A9874.
Amendment No. 3 to a Cooperative Agreement between the
South Florida Water Management District and Monroe County for the
implementation of the Stormwater Management Ordinance, Contract
No. C90-1414-A3 .
COMMISSIONERS' ITEMS
Approval to allow any Commissioner to attend the Coral
Reef Coalition's Second Annual Conference to be held May 13-15,
1993 in Islamorada.
COUNTY ADMINISTRATOR
1. Public Financial Management, Inc. in the amount of
$2, 613 .75 for Financial advisory services, for the
month of March, 1993 .
2 . Rosenman & Colon, in the amount of $932 . 66 for
Professional services re: the Monroe County Translator
System.
3 . D.L. Porter Construction, Inc. in the amount of
$43, 602 . 00 (Final Payment) , for Key West Library
Renovation.
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
REVISED
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Director of Growth Management, Bob Herman, addressed
the Board concerning the transmission of the recently adopted
Land Use Plan and discussed the status of the ROGO system.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to adopt the following Resolution rescinding
Resolution No. 051-1993, which provided for the tolling of
Building Permit No. 91-3-4456, issued January 21, 1992 to Mr.
J.R. Carter for property located at Lot 1, Block 1, Largo Beach
Subdivision, Key Largo, until such time as the new Monroe County
Comprehensive Land Use Plan has been adopted, and direct the
Building Department to issue a new permit in one year, at no
additional charge, which shall comply with all current LDR's.
Motion carried unanimously.
RESOLUTION NO. 172-1993
See Res. Book No. 115 which is incorporated herein by reference.
Mr. Herman also discussed a report prepared in response
to FEMA's Interagency Hazard Mitigation Team Report
Recommendations dated August 1992. Motion was made by
Commissioner Reich and seconded by Commissioner Harvey to
schedule a workshop among representatives of the real estate
community, the building industry, members of banking
institutions, and representatives of all incorporated
municipalities for the purpose of analyzing the effects of the
FEMA Interagency Hazard Mitigation Team Report's Recommendations
No. 16 & 17, and to what extent more stringent building codes
should be implemented in Monroe County. The said workshop is to
be held at the next regularly scheduled Board Meeting in Key
Colony Beach on Tuesday, June 15, 1993 commencing at 9: 00 a.m.
Motion carried unanimously.
Commissioner Reich discussed placing on the Agenda for
the June 15, 1993 Board Meeting, the Needs Assessment of Monroe's
seniors, by the Alliance on Aging, as well as, the report on
Bedminster and other plants concerning solid waste.
COUNTY CLERK
Motion was made by Mayor Pro Tem Cheal and seconded by
Commissioner Harvey to approve the following Warrants:
WORKERS COMPENSATION FUND (501) , #3971-3973, in the
amount of $58,709.78
UPPER KEYS TRAUMA DISTRICT (144) , #167-#169, in the
amount of $30,554. 06
TRANSLATOR FUND (142) , #403-#405, in the amount of
$13,300.31
TOURIST DEVELOPMENT COUNCIL (107-111,116-121) , #814-
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#816, in the amount of $624, 003 .51
SUPPLEMENT TO GENERAL REVENUE FUND (002) , #464-#466, in
the amount of $241, 153 .10
FL TRUST FUND (600, 601) , #1043-#1044, in the amount of
$12,882 .22
SALES TAX BOND ANTICIPATION NOTE (305) , #132-#134, in
the amount of $596, 643 .70
ROAD AND BRIDGE OPERATING (102) , #756-#758, in the
amount of $695,284.99
RISK MANAGEMENT FUND (503) , #228-#230, in the amount of
$40, 614 .56
PLANNING,BUILDING, & CODE ENFORCEMENT/
PARKS & BEACHES UNINCORPORATED (148, 147) , #435-#438, in
the amount of $1, 019, 109.37
MSD TAXING DISTRICTS (145, 146, 141) , #722-#724, in the
amount of $791,476.94
MSD TAX DISTRICTS (414) , #1691-#1693, in the amount of
$765, 358. 06
MSD PLEDGED FUNDS (414) , #316-#319, in the amount of
$1, 034, 627.37
LAW LIBRARY FUND (103) , #401-#402, in the amount of
$978. 01
MONROE COUNTY GROUP INS FUND (502) , #572-#575, in the
amount of $377,817.22
GENERAL REVENUE FUND (001) , #190574-#191768, in the
amount of $13,507, 351. 64
FINE & FORFEITURE FUND (101) , #1335-#1340, in the
amount of $1, 981,532 .71
FAIR SHARE IMPROVEMENT TRUST FUND (130-134) , #123-#125,
in the amount of $4,258. 05
CARD SOUND BRIDGE FUND (401) , #471-#473, in the amount
of $111, 033 .52
CAPITAL PROJECTS FUND (301) , #618-#622, in the amount
of $590, 013 . 19
AIRPORT OPERATION & MAINTENANCE FUND (004) , #788-#790,
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in the amount of $250, 323 .47
VENETIAN SHORES SPEC RD DIST (149) , #0037-#0038, in the
amount of $5,831.71
MARINERS HOSPITAL SPEC TAX (715) , #073-#074, in the
amount of $5, 030. 96
Motion carried unanimously.
FINES AND FORFEITURES
Motion was made by Mayor Pro Tem Cheal and seconded by
Commissioner Harvey to approve the following Fine & Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATION, Care Center for
Mental Health, in the amount of $500. 00; Elizabeth Saenger, in
the amount of $350. 00; Key Largo Family Medical Group, in the
amount of $250. 00; Clare Hoey, in the amount of $25. 00; The
Counceling Center, in the amount of $98. 00.
COURT APPOINTED ATTORNEYS, Candida Cobb, in the amount
of $3, 057 .50; David Manz, in the amount of $700. 00; Diana Reif,
in the amount of $1,855. 00; Jason R. Smith, in the amount of
$1,502 .50; Joseph Wolowsky, in the amount of $3, 669.99; Kathryn
Yates, in the amount of $5,283 . 03; Margaret Broz, in the amount
of $1, 634.00; Max Fischer, in the amount of $640. 00; Michael Cox,
in the amount of $4,863.00; Richard Matthews, in the amount of
$450. 00; Stephen Isherwood, in the amount of $2, 650. 00; Tegan
Slaton, in the amount of $2, 100. 00; William Kuyper, in the amount
of $1,912 . 00.
OTHER EXPENSES, Witness Lodging, in the amount of
$3 ,437.99; Louis J. Spallone, in the amount of $2,250. 00.
REGULAR WITNESS FEES, in the amount of $800.41
COURT REPORTER SERVICES, Amy Landry, in the amount of
$139.50; Associated Court Reporters, in the amount of $1, 066.25;
Billie Jean Fase, in the amount of $27. 00; Florida Keys
Reporting, in the amount of $1, 143 .55; John J. Blue, in the
amount of $254. 15; Lisa Roeser, in the amount of $202 .50; Nancy
Maleske, in the amount of $904.25; Sandra Johnson, in the amount
of $319.00.
COURT INTERPRETERS, Christof Schauwecker, in the amount
of $45. 00; Eva Carbone, in the amount of $110. 00; Ezak Amar, in
the amount of $25. 00; Fred Fisher, in the amount of $60.00; Jose
R. Menendez, in the amount of $105.00; Juan Borges, in the amount
of $25. 00; Margarita Opperman, in the amount of $150. 00; Marie
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Penot, in the amount of $25. 00; Sara O'Neil, in the amount of
$72 .50; Susan Tellez, in the amount of $265. 00; Tim Paulson, in
the amount of $140.00; Ute Rohdes, in the amount of $115.00;
William G. Waddel, in the amount of $40. 00.
TRAVEL EXPENSE, Witness Travel, in the amount of
$6, 699.55
EXPERT WITNESS, Care Center for Mental Health, in the
amount of $250. 00; Guidance Clinic of the Middle Keys, in the
amount of $600. 00.
EXTRADITION, Richard Roth, in the amount of $5,318.50.
Motion carried unanimously.
COUNTY ADMINISTRATOR
County Administrator, Tom Brown, addressed the Board
concerning the Florida Department of Transportation funding
project and advised that Monroe County's application was ranked
first among those submitted within District Six and the County
will receive the entire amount of $711,801.00 allocated by the
legislation for the Card Sound Road Reconstruction project.
Mr. Brown discussed a Hurricane drill to be conducted
at the Emergency Operations Center in Key West, scheduled to be
held on May 24, 1993, 9: 00 a.m. to 5: 00 p.m. A ninety-six hour
hurricane scenario will be condensed into an eight hour time
frame in which all regular agencies will be participating.
An update on the review of applications for the
position of Public Information Manager was discussed. The
Administrator advised the Commission that the Monroe County
Sheriff's Office Public Information Director, Greg Artman, is
designated as the Public Information Officer for Monroe County
until the Board has finalized the selection of the position.
The Administrator discussed the Marathon Government
Center completion date, and the access road. He advised the
Commission that the dedication ceremony is scheduled for July 1,
1993 .
DIVISION OF GROWTH MANAGEMENT
Special Litigation Counsel, Jim Hendrick, addressed the
Board, concerning The Florida Bay litigation and administration
hearing process. Motion was made by Chairman Cheal and seconded
by Commissioner Harvey directing the County Attorney to draft a
Resolution to the appropriate agency expressing the Board's
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Board's concerns, and request action regarding the Florida Bay
issue. Motion carried unanimously.
RESOLUTION NO. 173-1993
See Res. Book No. 115 which is incorporated herein by reference.
Discussion was held on the Area of Critical State
Concern relative to Florida Statute 380 and the means to lift the
designation.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey directing Mr. Hendrick to draft a Resolution
to request help from the Florida Resource Planning & Management
Committee of the Florida Keys area to meet and to consider the
removal of the CA designation. Roll call vote was taken with the
following results:
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor Pro-Tem Cheal No
Motion carried.
RESOLUTION NO. 174-1993
See Res. Book No. 115 which is incorporated herein by reference.
Mr. Hendrick also discussed the referendum concerning
future expenditures required by the Comprehensive Land Use Plan
and discussed the four foot rule litigation.
SOUNDING BOARD
John Stokes addressed the Board concerning building
codes, the 120 day inspection period and renewal process. Growth
Management Director, Bob Herman, was directed to review the 120
day inspection period and renewal process and report back to the
Board.
Charles P. Curry, Jr. , Michael Curry, Scott Curry,
County Administrator, Tom Brown, Bill Anderson of the Florida
Keys Educational Broadcasting - Channel 8, and Arturo Espinola of
the Latin Chamber of Commerce, addressed the Board concerning the
proposed Florida Keys Educational Broadcasters Public Television
Broadcast Station. After discussion, the Board directed the
County Administrator to make an analysis of County requirements
for this project and report back to the next full board meeting.
PUBLIC HEARINGS
The continuation of a Public Hearing was held
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to consider the adoption of an Ordinance amending Section 9.5-21,
Monroe County Code, in order to delete the requirement that the
County Commission hear appeals regarding Conditional Use
Approvals, except in cases of developments of regional impact and
statutory development agreements; Amending Section 9.5-46, Monroe
County Code in order to provide that any person desiring to
appeal a Planning Commission decision under the Hearing Officer
Appellate Article shall provide a transcript of the Planning
Commission Hearing by a certified court reporter; Amending
Section 9.5-21, Monroe County Code in order to provide among
other things that planning Commission decisions on Minor
Conditional Uses may be appealed to a Hearing Officer instead of
the County Commission; Amending Sections 9.5-69, 9.5-70, 9.5-71
and 9.5-72, Monroe County Code, in order to provide that Planning
Commission decisions on Major Conditional Uses may be appealed to
a Hearing Officer instead of the County Commission; Creating
Section 9.5-75, Monroe County Code, in order to clarify that
Conditional Uses, which are also developments of regional impact
or subject to development agreements, must receive a final
decision from the County Commission as provided by general law;
Amending Section 9.5-407 and 9.5-409, Monroe County Code, in
order to provide that decisions of the Planning Commission
concerning signs may be appealed to a Hearing Officer; Amending
Section 19-218, Monroe County Code, in order to provide that
Planning Commission decisions on alcoholic beverages may be
appealed to a Hearing Officer instead of the County Commission,
Amending Section 9.5-521, Monroe County Code in order to provide
that appellate decisions of the Planning Commission regarding
decisions of the Administrative Officials may be appealed to a
Hearing Officer instead of the County Commission; Amending
Section 9.5-523, Monroe County Code, in order to provide that
Planning Commission decisions on certain variances may be
appealed to a Hearing Officer instead of the County Commission;
Creating Article XIV, Chapter 95, Monroe County Code, in order to
provide for the jurisdiction and procedures necessary for the
appeal of Planning Commission decisions to a Hearing Officer, and
in order to provide that the Hearing Officer's Final Order, with
regard to the appealed decision of the Planning Commission, shall
also be the final Administrative Action of Monroe County;
Providing for severability; Providing for repeal of all
Ordinances inconsistent herewith; Providing for incorporation
into the Monroe County Code; and providing an effective date.
County Attorney read a short summary of the above proposed
Ordinance. There was no public input. The matter was referred
to the next advertised public hearing.
A Public Hearing was held concerning the Adoption of
the following Ordinance amending Section 2 of Ordinance No. 8-
1993 in order to clarify that the employees of tenants at the Key
West International Airport may park in employee parking spaces at
the airport without being subject to a noncriminal Civil penalty
and clarifying that fines collected from unauthorized persons
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parking in airport employee parking spaces shall be remitted to
the Monroe County Airport Fund; Providing for repeal of all
Ordinances inconsistent herewith; Providing for incorporation
into the Monroe County Code; and Providing an effective date.
Airport Director, Art Skelly, addressed the Board. There was no
public input. Motion was made by Commissioner Reich and seconded
by Commissioner Harvey to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 017-1993
See Ord. Book No. 30 which is incorporated herein by reference.
County Attorney, Randy Ludacer, and Mike Puto addressed
the Board. Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to continue the adoption of an Ordinance of
the Board of County Commissioners of Monroe County, Florida,
Amending Chapter 2, Article XXI, by changing the title thereof to
remove the apparent limitation of the article to former officers
or employees; Adding Section 2-534, creating procurement ethics
for volunteers; Defining volunteers; Providing for severability;
Providing for repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code; and
Providing an effective date, to two Public Hearings for May 25,
1993 at 3 :00 p.m. at Key Largo, and June 15, 1993 at 3 : 00 p.m. at
Key Colony Beach. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, advised the
Board that applications subject to ROGO that are carried into a
succeeding quarter are not required to pay additional fees.
COUNTY ADMINISTRATOR
County Administrator Tom Brown addressed the Board.
Motion was made by Commissioner Harvey and seconded by Mayor Pro
Tem Cheal granting approval to amend the Monroe County Hurricane
Preparedness Plan to enable employees to be assigned
responsibilities whenever a State of Local Emergency is declared.
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
An Appeal filed by Charles and Anita Pyle of the
decision by the Planning Commission, upholding the Director of
Environmental Resource's decision to deny a permit application to
construct a single family residence on property described as Lot
11, Block 5, Section 10, Township 66, Range 29, Koehn's
Subdivision, Tallahassee Meridian, Big Pine Key, Monroe County,
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Florida, Real Estate #00315000. Walter Carson, representing
Charles and Anita Pyle addressed the Board concerning the Appeal.
Assistant County Attorney, Garth Coller, addressed the Board.
Mr. Carson offered rebuttal. Motion was made by Commissioner
Harvey and seconded by Commissioner Reich to adopt the following
Resolution upholding the appeal in that a buildable lot right was
abridged by a permit denial due to non-use of the lot. Roll call
vote was taken with the following results:
Commissioner Freeman Yes
Commissioner Reich Yes
Mayor Pro Tem Cheal No
Motion carried.
RESOLUTION NO. 175-1993
See Res. Book No. 115 which is incorporated herein by reference.
PUBLIC HEARING
A Public Hearing was held concerning the consideration
of a budget amendment to the Fine and Forfeiture Fund #101.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to adopt the following Resolution.
RESOLUTION NO. 176-1993
See Res. Book No. 115 which is incorporated herein by reference.
There being no further business, the meeting was
adjourned.
Clerk to the Board of County
Commissioners of Monroe County
joojia C. 1011)/
Deputy Clerk