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06/15/1993 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 93/257 Regular Meeting Board of County Commissioners Tuesday, June 15, 1993 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at Key Colony Beach City Hall. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Shirley Freeman, Commissioner Wilhelmina Harvey, Commissioner Mary Kay Reich, and Mayor Jack 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. Motion carried unanimously. CONSENT AGENDA (BULK APPROVALS) Motion was made by Mayor London and seconded by Commissioner Cheal to approve the following items by unanimous consent: Approval of a Planning Commission recommendation regarding an excess allocation of two (2) awards for the 3rd quarter, January 14, 1993 through April 13, 1993, under. the Dwelling Unit Allocation Ordinance (ROGO), in the Upper Keys. Approval of two (2) Affordable Housing Deed Restrictions, submitted by Mark Otto and the Habitat for Humanity of the Upper Keys, which have been completed and filed by the applicants pursuant to the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance No. 016-1992), and the County's land development regulations. Approval to execute an Agreement between. Island City Flying Service and Monroe County to construct an aircraft hangar larger than 300 square feet, below base flood elevation, to be 93/258 located at the Key West International Airport. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, addressed the Board concerning an injunction in reference to the Twin Harbors Project; the planned occupancy of the Marathon Government Center on July 16, 1993 by the Growth Management Division; the Department of Community Affairs plan adoption process, and the recently filed attack on the County's Rate of Growth Ordinance, (ROGO) . Growth Management Director, Bob Herman, Building Official Director, Herb Rabin, Joel Rosenblatt, P.E., Paul Kenson, P.E., Walter Carson of the Florida Keys Contractor's Association, Ralph Hughes, and Gene Sanders, P.E., addressed the Board concerning the Building Department's report prepared in response to FEMA's Interagency Hazard Mitigation Team Report Recommendations, dated August 1992, the County's response, as well as an overview of building code requirements relating to potential damage from hurricane force winds. Henry DeGraff and - Garland Wilson addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman authorizing Staff to draft the appropriate documentation for the creation of an ordinance concerning: (1) Requiring the Building Department to enforce the most restrictive wind design by adopting ASCE STD #7 for wind load design. (2) Change Ordinance #016-1992 ROGO, to conform with requirements set forth by ASCE STD #7 (e.g.) "Fastest Mile" wind speed. (3) Requiring all plywood roof sheathing to be at 5/8" minimum APA rated sheathing with a minimum of 8d corrosion resistant nails spaced 6" O.C. at edges and 6" O.C. in the field. 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. 93/259 SHERIFF'S DEPARTMENT Major Steve Casey and Sheriff Richard Roth addressed the Board concerning a Judicial Video Conferencing and Prisoner Arraignment System. The Board concurred that the Sheriff proceed to acquire this system with funds available in his budget. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval of the following expenditures from the Law Enforcement Trust Fund: $1500.000 - Hewlett-Packard Laserjet IV Printer 7950.00 - 21' Answer boat and trailer, 225 hp Johnson outboard engine, 30 hp Mariner outboard, 9.9 hp Mariner outboard, and 9.9 hp Evinrude outboard 3045.00 - To outfit the District I patrol boat with marine and police radios, safety gear, siren, loran depth finder and other related items 5500.00 - Additional operating costs - insurance - liability, insurance -hull, gasoline, maintenance and repairs. 1671.00 - Roundtrip airline tickets for four students and two chaperons to travel to Washington, D.C., on June 13-17, to enter "Signals by the Sea", a student -produced television station called WKTV, into a national competition. 1302.63 - To purchase commercial grade video equipment for WKTV. Motion carried unanimously. COMMISSIONERS' ITEMS Bill Lemon, of the Big Pine Athletic Association, addressed the Board concerning funding for the Big Pine Athletic Association to operate a youth/teen program out of the Blue Heron Park, owned by Monroe County on Big Pine Key, and consideration of the Parks and Recreation Board's recommendation, adopted by the Parks Board on June 1, 1993, requesting the Board of County Commissioners support the Big Pine Athletic Association's ,_,% proposal to establish a Youth Center at the Big Pine Leisure Club 93/260 r to be partially funded by Monroe County. After discussion, motion was made by Mayor London and seconded by Commissioner Harvey to approve the proposal, in concept of a funding allocation, to be brought back to the Board for final approval. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT H. T. Pontin, and Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval and authorizing execution of a contract between Monroe County and the Department of Environmental Protection to perform the development of a Comprehensive Boat Channel Marking Plan for the Florida Keys: Phase I. The total cost to the Department of Environmental Protection for the agreement shall be $60,000.00. Roll call vote was taken with the following results: Motion carried. Commissioner Commissioner Commissioner Commissioner Mayor London Cheal Yes Freeman Yes Harvey Yes Reich No Yes SOUNDING BOARD Richard W. Heber, Pete Oliver, and Engineering Director, Dave Koppel, addressed the Board concerning a problem with signs on Avenue "A", Palm Villa Sub Division, Big Pine Key. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to remove the signs indicating "No Motor Vehicular Traffic" from the street and clean up the intersection, for safety reasons, with the installation of appropriate cautionary signs. 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. John Tompkins, Ed Gonzalez, and Sylvia Ann Godfrey addressed the Board concerning enforcement of noise level laws in Monroe County. Sheriff Richard Roth and Captain Jenny Bell - Thomson addressed the Board concerning a noise problem on Big 93/261 Pine Key at Mr. Tompkins residence. No official action was taken. PUBLIC HEARINGS County Attorney, Randy Ludacer, requested that the Board of County Commissioners withdraw the proposed 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. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to withdraw the Ordinance. Motion carried unanimously. SOUNDING HOARD/MISCELLANEOUS Richie Moretti, representing Pigeon Key Project, addressed the Board concerning the re -advertisement of Pigeon Key and approval of a lease agreement between Monroe County and Pigeon Key Preservation Foundation, Inc., for the island known as Pigeon Key. The following individuals addressed the Board: Bonita Grice, Lauri MacLaughlin, Rick Servais, Bill Wilkinson, Nick Canizio, Nick Tagliareni, Brian C. Schmitt, Joan Payne, Sylvia Ann Godfrey, Marie Fisher, Walter Benjamin, Ken St. James, Peggy St. James, Bill Haynes, Carol Reese, Diane Chaplin Rick Parendies, Dan Williams, David Jenrette, Laura Causey, Bill Daniels, Mary Schindler, Lois Bigger, Chris Morton, Andrew Mazur, Joel Rosenblatt, David Tibbetts, Suzanne Goodlow, Karen Farley, Jim Ruddy, Gary Edelson, Betty Chaplin, Vic DeSantis, Roy de Give, Gill Odum, Jim Lewis, Jerry Williams of the Pigeon Key Advisory Board, Michael Halpern, representing Pigeon Key Foundation, Joe Hammond and Doug Porch of the Pigeon Key Foundation, Dr. Pierce, of Mote Laboratory, Dave Makepeace, and Dr. Dan Gallagher. No action was taken pending efforts on part of both parties to come to a cooperative solution. MISCELLANEOUS Motion was made by Mayor London and seconded by Commissioner Cheal to approve the following: Approval for the Upper Keys Health Care Taxing District to advertise for bids for the purchase of a telemetry monitoring system. Approval for the Board of contract with the Health Council of development of a trauma plan - Upper District. 93/262 County Commissioners to South Florida for the Keys Health Care Taxing Approval of appointment of Robert Luse to the Upper Keys Health Care Taxing District Advisory Board. Motion carried unanimously. BOARD OF APPEALS Mr. J. A. Jurgens, P.A., representing Jeanne Faga, addressed the Board concerning an Appeal filed by Ms. Faga on the decision by the Planning Commission to deny permit applications #92-2-3615, #92-2-3617, #92-2-3618, #92-2-3619, and #92-2-3623, for single family residences and a bridge on Lots 23 through 32, Coco Plum Beach Subdivision. The property is described as Section 4, Township 66 South, Range 33 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida, and located at approximately Mile Marker 54. Garth Coller, representing the Monroe County Planning Commission, addressed the Board. Mr. Jurgens offered rebuttal. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to grant the Appeal and override the decision of the Planning Commission by granting the twenty foot setback based on the fact that the land is manmade. 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. Mayor London announced and called Special Meetings to be held on June 22 and 23 from 8:00 A.M. to 5:00 P.M., June 24 from 11:30 A.M. to 5:00 P.M., and June 25 from 9:00 A.M. to 5:00 P.M. at the Key Colony Beach City Hall, for the purpose of conducting assessments of County Administrator candidates. COMMISSIONERS' ITEMS County Attorney, Randy Ludacer, discussed the adoption of a resolution making application to the Florida Department of Environmental Regulation for delegation of mangrove alteration authority in Monroe County. Motion was made by Commissioner 93/263 Harvey and seconded by Mayor London to table this item. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Mr. Jose Gonzalez, addressed the Board and indicated that there was a problem that had to be resolved concerning the adoption of a resolution approving the Final Plat, as submitted by Kenneth Cianchette, for an eighteen (18) lot subdivision to be known as Sunrise Strip, which is located at approximately Mile Marker 50. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to continue this item to the next Board Meeting. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval to consider the Monroe County Parks and Recreation Board's unanimous decision to recommend that the Board of County Commissioners postpone indefinitely the funding of recreational facilities in Sunset Point Park, as approved by the Board of County Commissioners on February 9, 1993. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, discussed the results of an informal sampling of owner/builders who have completed their homes under the 120-day inspection rule regarding their opinion of the fairness of same. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal indicating that it is the legislative intent of the Board to restrict the one year exception to single-family residential units only. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Mayor London directing Staff to draft an ordinance to require any development after a five-year period, to be treated as a new application which must comply with the rule of the day and to include a variance procedure to handle exceptions. Roll call vote was unanimous. Walter Carson, of the Florida Keys Contractor's Association, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman directing Staff to draft an ordinance to require permits which have expired, due to failure to comply with Ordinance No. 031-1992, (120-day ordinance / 1 year extension) or Ordinance No. 032-1992, (total development has not been completed within the five (5) year time frame), to be required to obtain a Residential Dwelling Unit Allocation Award before any activity resumes, and to include 93/264 a variance procedure to handle exceptions. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Harvey discussed turning -off the lights on U.S. #1. This matter was referred to the County Administrator for his review. adjourned. There being no further business, the meeting was Clerk to the Board of County Commissioners of Monroe County Deputy Clerk or, NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, May 4, 1993, at 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1993 -71 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIMIERS OF o MONROE COUNTY, FLORIDA, AMENDING CHAPTER 2,ARTIC- XXI, BY CHANGING THE TITLE THEREOF TO REMOVE THE J APPARENT LIMITATION OF THE ARTICLE TO FORMER OFFICER'S-' OR EMPLOYEES; ADDING SECTION 2-5341, CREATING- r� PROCUREMENT ETHICS FOR VOLUNTEERS; DEFINING VOLUNTEERS; o PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALLY ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR' INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 8th day of April, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA -rj __ L m Z --- STATE OF FLORIDA ) COUNTY OF MONROE) _0 Before the undersigned authority personally appeared EDWARD J. LEDUC who on oath, says` that he is$UBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE-COUNTY,eLORIDA; that the attached copy of advertisement, being a NOTICE OF INTENT OT CONSIDER ADOTION OF ORDINANCE IN THE MATTER OF AMENDING CHAPTER 2 ARTICLE XXI was published in said newspaper in the issues of APRIL 14 & 21, 1993 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said newspaper has heretofore been continuously published in said MONROE COUNTY, FLORIDA, twice each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (SEAL) SWORN TO A D SUBSCRIBED BEFORE ME THIS 7________________ DAY O ____ A.D. 19----------------- no. 2011100 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday. May 4, 1993E at i 3:00 p.m. n Courtroom ' B' , 600 Whitehead Street Key West, Monroe County.Ftotida. the Board of County om sioners of Monroe County. Flori- da, intends to consider the adop- tion of the following County ordi- nance: ORDINANCE NO. 1993 Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to any decision made by the card with respect to any matter con- sidered at such hearing or meet- ing, he wilt need a record of the proceedings, and that, for such purpose, he may Head to ensure that a verbatxn record of the pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based or "nce of the above -referenced ordinaare available for review at it. various public libraries in Monroe County, Florida. DATED at Key West, Florida, this STH day of April, 1993. DANNY L. KOLHA" Cork of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publish: Apr. 34 & 21. 1993 Florida Keys Keynoter MARY LOU SOLLBERGER NOTARY MY COMM Exp. 8/14/96 y Pic "I Bonded By Service Ins 140. CC219643 k*l"I* horn I JOIbKQ 4 UMMMOM 0 The Key West Citizen Published Daily KeV V est, Mon oe County, Florida 33O40 STA T E OF FLORIDA COUNTY OF MONROE: Before the undersigned authority perscnally appeared Randy Erickson, who on, oath says that he is Advertising Manager of The Key West Citizen, a daily newspaper published at Key Vilest in MonroeCounty, Florida; that the attached copy of the advertisement, 5eing a legal notice in the matter of C �LLL_ in the issues of court, was published in said newspaper in the Afflant further says that the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and su"scritad before me this C96 da SEAL Expires: (Signatur a of -,`Nam NCARyM,1CgeATEOr rLMDA V Bette J. Push My COS0,09moN EXP.AUG.15,190 90NMD THRU GMQAALDM (Name of Notary Public) Personally Known or Produced Identification Type of Identification Produced NOTICE OF INTENTION Tr) (nN- SIDER ADOPTION OF C( ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, May 4, 1993, at 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, Mor *oe County, Florida, the Board of County Com- missioners of Monroe County, Flori- da, intends to consider the adoption of the following County ordinance: ORDINANCE NO. 1993 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 AP- PARENT LIMITATION OF THE AR- TICLE TO FORMER OFFICERS OR EMPLOYEES; ADDING SECTION 2-534, CREATING PROCUREMENT ETHICS FOR VOLUNTEERS; DE- FINING VOLUNTEERS; PROVID- ING FOR SEVERABILITY; PROVID- ING FOR REPEAL OF ALL ORDI- NANCES INCONSISTENT HERE- WITH; PROVIDING FOR INCORPO- RATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any deci- sion made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to en- sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 8th day of April, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida April 12. 19. 1993 J 74 SERVING THE UPPER KEYS DAGNY WOLFF FOR OVER 20 YEARS Editor & Publisher BOX 1197 • TAV E R N I E R, F LA. 33070 (305) 852-3216 FAX 852-8249 PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF , who on oath, says that she is_EDITOR & PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a_LEGAL NOTICE IN THE MATTER OF_NOTICE OF INTENTION IN THE Court, was published in said newspaper in the issues of _4/15 AND 4/22/93 Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing t is said advertisement far pabheatior. is the said newspaper. i is SWORN TO ANO�UBSCRIBED BEFORE ME THIS _22ND-DAY OF,_APRIL_A.D., 1993_ NOTARY PUBLIC NOTARY FUOL14 STATR OF FLORDA AT LARW MY COMMISSION EXPIWWWAISWom mutts FRRRUARY Ok 190 BONDED THRu AGENTS NOTARY BWXBZAO/ =- z -r .�� NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, May 4, 1993 ai 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County. ordinance: ORDINANCE NO. 1993 AN ORDINANCEOF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AMENDING CHAP- TER 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; DEFIN- ING VOLUNTEERS; PROVIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HERE- WITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 8th day of April, 1993, DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published: 4/15 and 4/22/93 The Reporter Tavernier, FL 33070