11/29/1993 Regular 93/511
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Monday, November 29, 1993
Key Largo
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 1: 00 P.M. , on the above date, at the
Key Largo Library. Present and answering to roll call were
Commissioners, Shirley Freeman, Mary Kay Reich and Mayor London.
Absent was Commissioner Harvey. 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.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to approve Additions, Deletions, and
Corrections to the Agenda. Motion carried unanimously, with
Commissioner Harvey not present.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to add to the Agenda the Proclamation
proclaiming December 1, 1993, as World AIDS Day. This item was
originally agendaed on the November 30, 1993 Agenda.
PRESENTATION OF AWARDS
A Proclamation was made declaring December 1, 1993 as
World AIDS Day.
BULK APPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner Cheal to approve the following items by unanimous
consent:
Board granted approval of a Flood Variance Application
of Twin Harbors, Inc. to install a 605 SF hurricane shutter
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storage room for security purposes, located in a V-zone, the area
may not be floodproofed, located in property known as Building B,
Twin Harbors Resort, MM 103 .5, U.S. No. 1 Key Largo.
Board adopted the following Resolution granting
designation of "Historic and Cultural Landmark" to the Key Largo
Anglers Clubhouse and Dockmaster's Building. The buildings are
located on the following property: A portion of Government Lot 1
and 2, Island of North Key Largo, end of State Road 905, Section
12, Township 59 South, and Range 40 East, Tallahassee, Meridian,
Key Largo, Monroe County, Florida. Re# 00080020-000300.
RESOLUTION NO. 502-1993
See Res. Book No. 119 which is incorporated herein by reference.
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Planning Director
in Land Use District Map Boundary Interpretation Number 77, part
of Government Lot 3, Section 23 , Township 63, Range 37, Windley
Key, Monroe County, Florida, approximately mile marker 85.
RESOLUTION NO. 503-1993
See Res. Book No. 119 which is incorporated herein by reference.
Board granted approval and authorized execution of an
Amendment to Agreement to the Project Agreement for a time
extension between Monroe County and the Florida Department of
Environmental Protection, (formerly Department of Natural
Resources) , Contract C8173 .
Board granted approval of a Restrictive Covenant,
submitted by Gerald and Deborah Perry for building permit
application #93-3-10437. The document restricts the property
owners to one dwelling unit on two contiguous lots. The
Restrictive Covenant for combining the contiguous lots has been
filed by the applicant for the first quarter allocation ending on
October 13, 1993, under the requirements of the Dwelling Unit
Allocation Text Amendment (Ordinance No. 016-1992) .
Board granted approval of a Restrictive Covenant,
submitted by Carl and Marlene Lindback for building permit
application #93-3-10173 . The document restricts the property
owners to one dwelling unit on two contiguous lots. The
Restrictive Covenant for combining the contiguous lots has been
filed by the applicant for the first quarter allocation ending on
October 13, 1993, under the requirements of the Dwelling Unit
Allocation Text Amendment (Ordinance No. 016-1992) .
Board granted approval of a Restrictive Covenant,
submitted by Gregory and Carol LaViolette for building permit
i j application #93-3-10928. The document restricts the property
owners to one dwelling unit on two contiguous lots. The
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Restrictive Covenant for combining the contiguous lots has been
filed by the applicant for the first quarter allocation ending on
October 13, 1993, under the requirements of the Dwelling Unit
Allocation Text Amendment (Ordinance No. 016-1992) .
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and Holiday Isle Resort
and Marina for an amount not to exceed $5, 000. 00, Fiscal Year
1994, Two Penny, covering the 11th Annual Holiday Isle Dolphin
Tournament, on June 3-5, 1994 .
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and the Key West Business
Guild, for an amount not to exceed $8, 000, 00, Fiscal Year 1994,
Two Penny, covering the Women in Paradise Festival, on July 11-
18, 1994.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and the Key West Business
Guild, for an amount not to exceed $18, 000. 00, Fiscal Year 1994,
Two Penny, covering the Gay Arts Festival, on June 19-26, 1994.
Board granted approval of after-the-fact funding and
authorized execution of a Funding Agreement between Monroe County
and Middle Keys Concert Association for their upcoming Fiscal
Year 1994 series, in an amount not to exceed $1, 000. 00.
Board adopted the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 504-1993
See Res. Book No. 119 which is incorporated herein by reference.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and Keys Classic Anglers
Tournaments, Inc. , for an amount not to exceed $18,500. 00, Fiscal
Year 1994, Two Penny, covering the Texaco Hemingway Key West
Classic Fishing Tournament, on April 27-30, 1994.
Board granted approval and authorized execution of an
Addendum to the Agreement between Monroe County and USA 800,
Inc. , to provide continued services as backup to the
telemarketing/mail fulfillment program.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and USA 800, Inc. , to
provide telemarketing Disaster Recovery and Software and Hardware
Maintenance Agreement for the telemarketing program for the
Florida Keys and Key West.
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Motion carried unanimously, with Commissioner Harvey
not present.
DIVISION OF GROWTH MANAGEMENT
Gene Rhodus, addressed the Board concerning personal
hurricane refuges. Growth Management Director, Bob Herman, and
Walter Carson, President of the Florida Keys Contractors
Association, addressed the Board. Motion was made by
Commissioner Cheal and seconded by Commissioner Reich granting
approval, in concept, allowing personal hurricane refuges in
Monroe County and requesting the Planning Commission to develop a
variance procedure for consideration by the Board, and the fee
structure for building permits for these structures be only those
needed to cover actual administrative costs. Roll call vote was
unanimous, with Commissioner Harvey not present.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich granting approval to renew the Service
Agreements between Monroe County and Harward Technical
Enterprises, Inc. , (HTE) , eliminating the word "Company" and
replacing with the word "County", to provide Standard Software
Service on the AS/400 applications, for the periods of November
1, 1992 thru October 31, 1993 and November 1, 1993 thru October
31, 1994. Motion carried unanimously, with Commissioner Harvey
not present.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, addressed the
Board concerning the Fernandez issue relative to a mobile home
extension/tiki, on Lot 35, Sunset Acres, Key Largo. No official
action was taken.
Mr. Herman addressed the need for dates for Land
Development Regulation meetings. This matter was postponed to
the next day for consideration of the Board's 1994 meeting
schedule.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting authorization to execute an
Interlocal Agreement between Monroe County and HRS for the joint
implementation of the Cesspool Identification and Elimination
Project. Motion carried unanimously, with Commissioner Harvey
not present.
Motion was made by Commissioner Reich and seconded by
Commissioner Cheal to suspend the extension of the EPA Contract
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for the On-Site Sewage Disposal System (OSDS) , and return the
assistance funding to EPA. Roll call vote was unanimous.
Mr. Herman discussed a letter dated November 17, 1993
from Ocean Reef Community Association Administrator, David C.
Ritz, concerning permit fees for certain road work. Motion was
made by Commissioner Reich and seconded by Commissioner Freeman
approving a refund to Ocean Reef Community Association in the
amount of $19,800. 00 on Permit No. 93-300011781. Motion carried
unanimously, with Commissioner Harvey not present.
SOUNDING BOARD
Norman P. Higgins, President of Higgins Security, Inc. ;
Growth Management Director, Bob Herman; George Aladro,
representing the Contractors Licensing Examining Board; Walter
Carson, President of the Florida Keys Contractors Association,
and Eddie Cerra, addressed the Board concerning licensing to
install alarm systems. No official action was taken.
John D. Donnelly, addressed the Board concerning a
noise problem at Key Largo Bay Beach Resort. Captain Joe Leiter
of the Monroe County Sheriff's Office, Bob Naumann, and Community
Services Director, Peter Horton, addressed the Board. After
discussion, motion was made by Commissioner Cheal and seconded by
Commissioner Reich directing the County Administrator and
County Attorney to proceed with any alternatives necessary to
take appropriate action under the Monroe County Code to eliminate
the noise problem at the Key Largo Bay Beach Resort with
authority to institute legal action if necessary. Roll call vote
was unanimous, with Commissioner Harvey not present.
Mayor London addressed the Board concerning the Cuban
Refugee Center on Stock Island. The following individuals
addressed the Board:
Arturo Cobo, General Coordinator of the Transit Home
for Cuban Refugees; Tom Willey, Area Director of World Relief;
Mike Hunt, Dr. Jose L. Castillo, Thomas H. Diaz, of the Language
Missions Division; Carlos Solis, Vice-Coordinator General of the
Transit Home for Cuban Refugees, and Eddie Cerra.
Growth Management Director, Bob Herman, and Special
Litigation Council, Jim Hendrick, addressed the Board. Motion
was made by Commissioner Cheal and seconded by Commissioner Reich
directing County Staff to continue to assist the Organization to
find a more suitable facility, and to investigate the possibility
of a boundary determination of Mixed Use to allow the facility to
remain in its current use configuration. Roll call vote was
unanimous, with Commissioner Harvey not present.
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COMMISSIONERS' ITEMS
Mayor London and Mayor Feiner of Key Colony Beach,
addressed the Board concerning TCI Cablevision's inequitable
rates for cable service county wide. No official action was
taken.
Commissioner Reich and Catriona Rawson, Director of the
Upper Keys Youth Association, Inc. , addressed the Board
concerning the Upper Keys Youth Center. Motion was made by
Commissioner Reich and seconded by Commissioner Freeman directing
Staff to contact Mr. Puyanic to negotiate a one year lease for
the Upper Keys Youth Center, with a one year option, contingent
on an appropriate funding source. Roll call vote was unanimous,
with Commissioner Harvey not present.
PUBLIC HEARING
The continuation of a Public Hearing was held amending
Ordinance 031-1992 and Section 6-40, Monroe County Code;
Providing that a Building Permit be required for each principal
structure prior to construction; Providing for compliance with
the Dwelling Unit Allocation Ordinance; Providing for expiration
of building permits older than five (5) years; Providing for
completion of structures which have received an approved framing
inspection; Providing for declaration of public nuisance and
requiring the completion or removal of principal structure(s)
which have not received a Certificate of Occupancy within one (1)
year of an approved framing inspection; Providing that the
provisions of this Ordinance shall control over any inconsistent
provisions of the Monroe County Code; Providing for severability;
Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code and
providing an effective date. Motion was made by Commissioner
Freeman and seconded by Commissioner Cheal to read by title only.
Motion carried unanimously, with Commissioner Harvey not present.
County Attorney, Randy Ludacer, read by title only. Walter
Carson and Bill Smith of the Florida Keys Contractors
Association; Bill Cullen, Special Litigation Council, Jim
Hendrick, and Growth Management Director, Bob Herman, addressed
the Board. Motion was made by Commissioner Freeman and seconded
by Commissioner Reich to approve the following modifications to
the proposed Ordinance:
See Variance which is attached hereto and made a part
hereof.
See Memorandum from Robert L. Herman, Director of
Growth Management, dated November 29, 1993, which is attached
hereto and made a part hereof.
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Page 5, Line 3 , insert the words "and has failed to
receive an exterior completion inspection" between the words
"approved framing inspection," and "the structure shall" .
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Absent
Commissioner Reich No
Mayor London Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to continue this item to the December 21, 1993
Board Meeting in Key Colony Beach at 3 : 00 P.M. Motion carried
unanimously, with Commissioner Harvey not present.
MISCELLANEOUS
County Administrator, James Roberts, advised the Board
that he was notified of the death of a construction worker at the
New Detention Facility. No further details were available.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to consider Agenda item N-2 , from the
November 30, 1993 meeting agenda today and again tomorrow as
scheduled, concerning the adoption of a Resolution to include the
County Attorney in a Senior Management Service Class and
extension of Employment Contract with County Attorney. Motion
carried unanimously, with Commissioner Harvey not present.
County Attorney, Randy Ludacer, addressed the Board concerning
this item. No official action was taken.
There being no further business, the meeting was
adjourned.
Clerk to the Board of County
Commissioners of Monroe County
gat. c.
Deputy Clerk
j N,a