05/25/1993 Regular 93/225
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 25, 1993
Key Largo
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 1: 00 p.m. on the above date in the Key
Largo Library. Present and answering to roll call were
Commissioner Earl Cheal, Commissioner Shirley Freeman,
Commissioner Wilhelmina Harvey, Commissioner Mary Kay Reich, and
Mayor London. Also present were Danny Kolhage, Clerk; Randy
Ludacer, County Attorney; Tom Brown, County Administrator; County
Staff; members of the Press and Radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to approve Additions, Corrections and
Deletions to the Agenda. Motion carried unanimously.
CONSENT AGENDA (BULK APPROVALS)
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal to approve the following items by unanimous
consent:
Board adopted the following Resolution amending
Resolution 538-1992 to correct certain typographical errors
contained therein.
RESOLUTION NO. 200-1993
See Res. Book No. 115 which is incorporated herein by reference.
Board granted approval of the appointment of James W.
Aultman, Jr. as the alternate member to the Contractor's
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Examining Board based on Ordinance 010-1993 .
Board granted approval, Per Staff conditions and
recommendations, the Flood Variance Application, of Chester and
Margaret Kitchings, - a laterally attached garage enclosure of
greater than 300 square feet, below base flood elevation, located
at Lot 20, Block 6, Sunset Cay Tract D, Ocean Reef Club, Key
Largo, IS, Coastal Flood Zone VE-13 ' , Panel 0658F.
Board adopted the following Resolution authorizing the
Mayor to execute, on behalf of Monroe County, an agreement
between The Florida Department of Community Affairs, Monroe
County, and Ben A. and Carol Houser concerning Lot 9 and half of
Lot 10, Summerland Beach Subdivision, Summerland Key,
unincorporated Monroe County, Florida.
RESOLUTION NO. 201-1993
See Res. Book No. 115 which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
Mayor to execute, on behalf of Monroe County, an agreement
between The Florida Department of Community Affairs, Monroe
County, and Jerry and Susan Barnett concerning Lot 4, Whispering
Pine Subdivision, Big Pine Key, unincorporated Monroe County,
Florida.
RESOLUTION NO. 202-1993
See Res. Book No. 115 which is incorporated herein by reference,
BULK APPROVALS
Board granted approval and authorized execution of a
Sign Lease Agreement with Enterprise Rent-A-Car for a sign at the
Key West International Airport.
Board granted approval to rescind Board approval of
December 11, 1991, for Airways International Lease Agreements for
recordkeeping purposes.
Board granted approval and authorized execution of a
Casket Lift Interlocal Agreement between Monroe County and City
Commissioners of the City of Key West, Florida.
Board granted approval and authorized execution of an
Agreement between Monroe County and South Florida Employment and
Training Consortium for the Summer Youth Employment and Training
Program, Contract No, 2B-93-19-01, in the amount of $59, 090. 00.
Board granted approval to rescind Board approval of
October 27, 1992, of a change order in the amount of $25,000. 00
with Toppino's, Inc. , regarding the Key West International
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Airport Parking Lot for recordkeeping purposes.
Board granted approval and authorized execution of an
Expansion Grant for Community Care for Disabled Adults and
authorized execution of Amendment #1 to CCDA Contract, KG-162,
for Fiscal Year 1992/1993.
Board granted approval and authorized execution of a
Project Agreement between the Florida Department of Natural
Resources, Monroe County, and The City of Key West for the
removal of derelict vessels from Boca Chica Channel to the west
side of Wisteria island.
Board granted approval and authorized to call for bids
for the removal of derelict vessels Phase II - 1993 .
Board granted approval of the adoption of the following
Resolution authorizing the filing of a grant application with the
Department of Natural Resources Boating Improvement Fund, and
directing the execution of same by the proper authorities for the
emergency removal of DV091184 located off Key West.
RESOLUTION NO. 203-1993
See Res. Book No. 115 which is incorporated herein by reference.
Board granted approval and authorized execution of a
contract between Monroe County and Spirit Marine Towing and
Assistance for the emergency removal of DV091184.
SHERIFF'S DEPARTMENT
Board granted approval of the following expenditures
from the Law Enforcement Trust Fund.
Two FBI type lights with green lenses 200.00
Radio console, high and low band 5500.00
1000' phone line with 6 single line
telephones, jacks and plugs 300.00
four halogen flood lights 150.00
12 volt 10 amp battery charger 50. 00
Welding and equipment to mount
retractable external antenna 300.00
Multiport drop in radio charger 800.00
. Large wall clock 50. 00
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Heavy duty air compressor 150. 00
Five gallon can of tire sealant and pump 250.00
Two 100 ' extension cords 75. 00
One reel of 1/2" braided nylon rope 75. 00
One power winch 600. 00
Tow hook to be mounted on from of vehicle 30.00
Weather station (barometer, wind speed
indicator, etc. ) 250. 00
Two ton hydraulic jack and T-bar tire wrench 125. 00
Strapping and tie downs with anchor spikes 175. 00
Periscope mounted television surveillance
camera 3900.00
First aid supplies 100.00
Bedding and kitchen equipment 250. 00
Cabinetry and installation of electronic gear 1000.00
Total 14330.00
Board granted approval for reimbursement to cover
Hurricane Re-entry Decal mailing expenses and to purchase a
programmable sign at a cost of approximately $40, 000.00.
Motion carried unanimously.
CONSENT AGENDA
Dagny Johnson of the Upper Keys Citizen's Association,
Nick Mulick, Esq. , representing Twin Harbors, and Growth
Management Director, Bob Herman, addressed the Board. Motion was
made by Commissioner Cheal and seconded by Commissioner Harvey to
approve, per Staff conditions and recommendations, the Flood
Variance Application, of Twin Harbors, Inc. - Variance to. install
decorative lattice below the elevated Tiki Bar for aesthetic and
security purposes only, greater than 300 square feet, below Base
Flood Elevation, located in a V-zone on property known as
Building H, Twin Harbors Resort, MM 103 .5, U.S. No. 1, Key Largo,
SC, Coastal Flood Zone VE-12 ' , Panel 844F. Motion carried
unanimously.
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MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to adopt the following Resolution authorizing
the Mayor to sign, on behalf of Monroe County, a consent to the
Assignment of March 14, 1991 Contract with Environmental Sciences
Corporation to BioGro Systems, Inc. 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.
RESOLUTION NO. 204-1993
See Res. Book No. 115 which is incorporated herein by reference.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey authorizing the execution of an Agreement
with Commercial Carrier Corporation for the Transportation of
Recyclable Materials; and the execution of an Agreement with
Tarmac Silver Sand for Transportation of Recyclable Materials.
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 GROWTH MANAGEMENT
Growth Management Director, Bob Herman, addressed the
Board concerning a meeting with the State and all parties
concerned relative to the four foot rule to be held at Key Colony
Beach.
Motion was made by Commissioner Cheal and seconded by
Mayor London authorizing the purchase of a Trimble Base Station
at a total cost of $9,460.00 through an existing DNR Boating
Impacts Management Plan Grant, to be purchased from Florida Level
& Transit. Roll call vote was taken with the following results:
I
Commissioner Cheal Yes
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Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
Mr. Herman discussed the Program Assistance Grant
offered by the EPA for continuation of the Alternative Wastewater
Treatment Demonstration Project. Motion was made by Commissioner
Cheal and seconded by Commissioner Freeman directing Staff to
pursue recovery of the grant and an EPA grant award for the
continuation of the Alternative Wastewater Treatment
Demonstration Project and to proceed to contract with Dr. Brian
LaPointe as a sole source. 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 ENVIRONMENTAL MANAGEMENT
Environmental Management Director, Barry Boldissar,
addressed the Board concerning a letter to all composting
proposers notifying them of a meeting to be held on June 16, 1993
with the Board of County Commissioners concerning waste
alternatives.
Mr. Boldissar addressed the Board. Motion was made by
Commissioner Cheal and seconded by Commissioner Harvey to adopt
the following Resolution approving the assignment of the Ocean
Reef Solid Waste, Inc. , solid waste disposal franchise to Ocean
Reef Acquisition Corporation. Roll call vote was unanimous.
RESOLUTION NO. 204A-1993
See Res. Book No. 115 which is incorporated herein by reference,
DIVISION OF COMMUNITY SERVICES
Community Services Director, Peter Horton, addressed
the Board concerning the Bayshore Manor nursing assistants
salaries and the Cody Report. Motion was made by Commissioner
Freeman and seconded by Commissioner Harvey to approve the
recommendations in the Cody Report as follows:
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Bayshore Manor Attendants salary range be
upgraded from Grade 204 ($6.85 - $9.59)
to Grade 207 ($7.93 - $11. 10) .
Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner Harvey gave a report to the Board on the
Beach Advisory Board meeting concerning the White Street Pier and
Smathers Beach projects.
Social Services Director, Louis LaTorre, Pedro Jove,
and Martin Terris, Ph.D, addressed the Board and presented a
report concerning the Assessment of Needs of Monroe County
Seniors prepared by the Alliance on Aging. No official action
was taken.
SOUNDING BOARD
Mr. Fred Tittle, representing Florida Rock and Sand,
Dagny Johnson of the Upper Keys Citizen's Association, and Sylvia
Godfrey, addressed the Board concerning Florida Rock and Sand,
Inc. No official action was taken.
Kevin Speidel addressed the Board concerning the
Board's previous action relative to Courtesy Van Parking Space
Assignment at the Key West International Airport. Community
Services Director, Peter Horton, addressed the Board and advised
that this issue would be coming back to the Board of County
Commissioners for further consideration.
Norman Wartman addressed the Board concerning the
Monroe County Bus Service. Motion was made by Commissioner
Freeman and seconded by Commissioner Cheal directing Staff to
provide the Commission with background information and an update
of the previous actions of the Board of County Commissioners in
this matter. Motion carried unanimously.
PUBLIC HEARING
A Public Hearing was held concerning a proposed
Ordinance to eliminate the Holiday Isle Area of Critical County
Concern by rezoning the site from SC-ACCC to DR and NA and
deleting the corresponding regulations in Section 9.5-480 of the
land development regulations (LDR) . Motion was made by Mayor
London and seconded by Commissioner Cheal to read by title only.
Motion carried unanimously. County Attorney, Randy Ludacer, read
by title only. Special Litigation Council, Jim Hendrick, and
Richard Nelson, addressed the Board. Motion was made by
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Commissioner Cheal and seconded by Commissioner Harvey to
adopt the following Ordinance. Roll. call vote was unanimous.
ORDINANCE NO. 018-1993
See Ord. Book No. 30 which is incorporated herein by reference.
The continuation of a Public Hearing was held 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 9.5-521, 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.
Mr. Barnett, Richard Nelson, Dagny Johnson of the Upper Keys
Citizen's Association, Grace Kendall, Fred Tittle, Esq. , and
Special Litigation Council, Jim Hendrick, addressed the Board.
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Motion was made by Commissioner Freeman and seconded by Mayor
London to adopt the following Ordinance. 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.
ORDINANCE NO. 019-1993
See Ord. Book No. 30 which is incorporated herein by reference.
Motion was made by Mayor London and seconded by
Commissioner Cheal to continue to a Public Hearing at the Board
Meeting of June 15, 1993 at 3 : 00 P.M. , an Ordinance providing
that persons who provide volunteer services to a unit,
department, division or special district of Monroe County, shall
not have a contractual or employment relationship with a business
entity doing business with the unit, department, division or
Special District to which the volunteer provides services;
Providing for exceptions; Providing for penalties; Providing for
severability; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County
Code; and Providing an effective date. During discussion, the
motion was withdrawn. Joey Elam, Chief of the Key Largo
Volunteer Ambulance Department, addressed the Board. Motion was
made by Commissioner Cheal and seconded by Commissioner Harvey to
continue this item to 4:30 P.M. on this date. Roll call vote was
unanimous.
DIVISION OF GROWTH MANAGEMENT
Special Litigation Counsel, Jim Hendrick, addressed the
Board concerning the case involving Nan C's Lunch Box. Motion
was made by Commissioner Cheal and seconded by Commissioner
Harvey to authorize Counsel to settle the Snowman case on the
basis of the issuance of the requested license and a waiver of
all fees and costs. Mr. Randy Sadtler, representing Mrs.
Snowman, addressed the Board. During discussion, Commissioner
Harvey withdrew her second and Mayor London seconded the motion.
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
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Motion carried.
Mr. Hendrick advised the Board that the Department of
Community Affairs had filed and Administrative Appeal on the
County's issuance to itself of a permit for work at the Marathon
Airport; however, he believes that the matter would be resolved
on behalf of the County. Mr. Hendrick discussed a draft
resolution concerning Florida Bay. Motion was made by
Commissioner Cheal and seconded by Commissioner Freeman to adopt
the following Resolution requesting that the South Florida Water
Management District, Army Corps of Engineers, and the State of
Florida Department of Environmental Regulation work together to
restore fresh water flows and natural hydroperiods to Florida
Bay, including establishment of minimum flows and levels for
Taylor Slough, Shark River and other tributaries of Florida Bay;
acquisition of the Frog Pond area to restore fresh water flow to
the headwaters of Taylor Slough; endorsing the recommendations of
the Natural Park Service concerning water management in Taylor
Slough and effects in Florida Bay in permitting decisions,
including the DER permit issued pursuant to Florida Statutes
§373 .4592 (6) and implementation or amendment of the State Water
Policy. 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.
RESOLUTION NO. 205-1993
See Res. Book No. 115 which is incorporated herein by reference.
MISCELLANEOUS
Neta Sieber, Peter Horton, Nick Mulick, Ann Lynch, Fred
Troxel, Parvan Bakardjiev, and Lynda Stewart of the Monroe County
Fine Arts Council of the Florida Keys, addressed the Board
concerning the following:
Report of Tourist Development Council Meeting and
Request for Proposals; Fine Arts Council structure; Cultural Plan
for Monroe County; and the Resources for the Fine Arts Council.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey directing the Fine Arts Council to develop a
draft detail plan which would be considered by the Tourist
Development Council, separate from the RFP process currently
underway, for the management of Cultural funds. Roll call vote
was unanimous.
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Motion was made by Commissioner Harvey and seconded by
Commissioner Reich directing the Fine Arts Council to submit a
report on how much money is needed to complete the current fiscal
year to be considered by the Board. Roll call vote was taken
with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London No
Motion carried.
COUNTY ADMINISTRATOR
County Attorney, Randy Ludacer, advised the Board of an
Advisory Opinion received from the Department of Labor and the
County's Labor Attorneys, as well as his own staff, concerning
the applicability of the Fair Labor Standards Act to County
Employees who are volunteers conducting similar work for the
County. The following individuals addressed the Board:
Public Safety Director, Reggie Paros, Joey Elam, of the
Key Largo Volunteer Ambulance, Rob Lesser, Randy Mearns, of the
Marathon Volunteer Fire and Rescue, and Russell Cullen, addressed
the Board. Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey directing the County Administrator and the
County Attorney to work with the volunteers concerning the
decision of the Department of Labor as to the applicability of
the Fair Labor Standards Act to Volunteers and report back to the
Board. Motion carried unanimously.
PUBLIC HEARINGS
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to continue the Public Hearing on the
Ordinance creating procurement ethics for volunteers, etc. be
continued to the next Board Meeting at Key Colony Beach on June
15, 1993 at 3:00 P.M. Motion carried unanimously. Brenda
Beckman, of the Key Largo Ambulance Corps, addressed the Board.
A Public Hearing was held to consider the adoption of
the following Resolution concerning a Budget Amendment for
Tourist Development Council Funds 117-121 for Fiscal Year 1993-
1994. There was no public input. Motion was made by
Commissioner Cheal and seconded by Commissioner Freeman to adopt
the following Resolution. Motion carried unanimously.
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RESOLUTION NO. 206-1993
See Res. Book No. 115 which is incorporated herein by reference.
A Public Hearing was held to consider the adoption the
following Resolution concerning a Budget Amendment to the
Municipal Service District Fund #415. There was no public input.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 207-1993
See Res. Book No. 115 which is incorporated herein by reference.
A Public Hearing was held to consider the adoption of
the following Resolution concerning a Budget Amendment to the
1991 Bond Issue Fund #305. There was no public input. Motion
was made by Commissioner Freeman and seconded by Commissioner
Cheal to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 208-1993
See Res. Book No. 115 which is incorporated herein by reference.
A Public Hearing was held to consider the adoption of
the following Resolution concerning a Budget Amendment to the
Municipal Service District Fund #414. There was no public input.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 209-1993
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
Deputy Clerk