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11/22/1994 Regular 94/398 XIIRJ'l'U 01' DB 11000. COUftY BODD 01' COUl1'1'Y COJOIX88IOlfBRS Regular Meeting Board of County Commissioners Tuesday, November 22, 1994 Key Largo A Regular Meeting of the Monroe County Board of County Coaaissioners convened at 1:30 p.m., on the above date, at the Key Largo Library. Present and answering to roll call were Co..is.ioners Keith Douglass, Wilhelmina Harvey, Jack London, Mary Kay ReiCh and Mayor Shirley Freeman. Also present were Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; Ja.e. Roberts, County Adainistrator; County Staff, member. of the Pre.. and Radio; and the general public. All .tood for the Invocation and Pledge of Allegiance. ADDXl'XO.S, COO.ClIO.S, DBLftXO.S Motion was made by Commissioner Harvey and seconded by Comai.sioner Reich granting approval of the Additions, Correction. and Deletions to the Agenda. Motion carried unanimou.ly. BULIt UPROVALS Motion was made by Mayor Freeman and seconded by Co..i..ioner Harvey granting approval of the following ite.. by unanimous consent: Board granted approval of a Flood Variance Application by Alan Schmidt for a 600 square foot detached garage enclosure below bas. flood elevation, for parking only, on property located on Lot 42, Yacht Harbor, Key Vaca. Board granted approval of a Flood Variance Application by 8t.one Bologna for a 516 square foot laterally attached garage enclosure below ba.e flood elevation, for parking only, on property located on Lot 12, Bay Colony, Section I, Long Key. Board granted approval of a flood variance application by 8ig , Maryann Br.on for a detached 520 square toot garage enclosure below ba.e flood elevation located on lot 39, Whi.pering Pine. SUbdivision, Big Pine Key. ) 94/399 GROW'l'Jl KAlfAGEMDr1' DIVISIOH Board granted approval of staff recommendation to deny an exeaption from the Dwelling Unit Allocation Ordinance (ROGO) for Coral Coast SUbdivision. Board granted approval of a request by the community of Ocean Re.f to pay a minimum fee of $35.00 for building permits which require no inspections. Board grant.d approval of a refund requ.st by Habitat tor Huaanity, in the amount of $750.00, per Staff Reco...ndation, for a building permit and ROGO processing fees paid for the reinstat...nt of expired Permit No. 92-3-7082. !'OURIS'!' DBVBLoPJID'l' COmrCIL fund.. Board adopted th. following Resolution tran.ferring IlBSOLU'l'XO. 110. 3'2-1994 S.. Re.. Book No. 124, which is incorporated her.in by r.t.r.nc.. Board granted approval and authorized .xecution of an Addenda to Agr...ent betw.en Monroe County and the K.y V..t CbaIIber ot C~rce to ".nd the Key We.t Cballber ot C~rce TIS Contract to change the nam. on the South.rn Bell billincJ invoice troa the K.y Ve.t CbA-.ber of Co....rc. to Monroe County to provide .xellpt .tatu. relative to the Stat. and Fed.ral tax.. a.aociatect with the line chang... Board granted approval and authorized ex.cution ot a PunclillCJ Agre_nt betw..n Monroe County and the Middl. K.y. Concert Aa.ociation, Inc., covering the Middl. Key. Concert S.ri.., January 10, 1995 through March 14, 1995, in an aaount not to exceed $2,000.00, Fiscal Year 1995, Two P.nny, und.r the CUltural uabr.lla. Board granted approval and authoriZed .x.cution ot a PunclincJ Agr....nt betwe.n Monroe County and the K.y V..t Literary s..inar, Inc., coverinq the 13th Annual K.y W..t Literary S_inar and Writ.r. WalJt, Dec-.ber 1994 through May 1995, and advance prOJlOtion ot the 14th Annual Key W.st Literary s..inar, in an aaount not to exceed $12,560.00, Fi.cal Year 1995, Two Penny, under the CUltural Uabrella. Board granted approval and authoriZed execution ot a PundilMj Agr.eaent between Monroe County and th. Jlel riah.r'. Jlarit... Heritage Soci.ty, Inc., covering the Wreck ot the Renri.t:ta llari. auaeUJI exbibit:ion, Pebruary 15, 1995 tbrOUCJh 94/400 September 8, 1995, in an amount not to exceed $40,000.00, Fiscal Year 1995, Two Penny, under the CUltural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Key Largo Chamber of Co_erce covering the Island JUbilee, November 9-12, 1995, in an ..ount not to exceed $15,000.00, Fiscal Year 1995, Two Penny, under the CUltural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Key West Garden Club covering the Key West Garden Club Tour of Private Gardens, March 25-26, 1995, in an amount not to exceed $1,500.00, Fiscal Year 1995, Two Penny, under the CUltural Umbrella. Board granted approval and authorized execution of an Agre..ent between Monroe County and Ameurop Travel Service. to provide multilingual tourist assistance service, in an aaount not to exceed $18,000.00, Fiscal Year 1995, Two Penny ($9,000.00 fro. Sale. and Marketing, and $9,000.00 from Reserves for Event.). Board granted approval and authorized execution of an Aqre_nt with Cellet Travel Services, Ltd., to provide .ale. repre.entation .ervice. to promote and adverti.e Key We.t and the Plorida Key. a. a travel de.tination in the United Kingdo., in an aaount not to exceed $41,000.00, Fi.cal Year 1995, Two Penny, Sales and Marketing. Board granted approval and authorized execution of a Funding Aqre_nt between Monroe County and the Key We.t CUltural Pre.ervation Society, covering the I..ge. '95, Decuber 1-3, 1995, in an ..ount not to exceed $6,700.00, Fiscal Year 1995, Two Penny, under the CUltural Uabrella. Board granted approval and authorized execution of a Funding Agre..ent between Monroe County and the Lower Key. Chaaber of Co...rce covering the Lower Keys Historical Sea Craft Race and Festival, April 29-30, 1995, in an amount not to exceed $2,265.00, Fiscal Year 1995, Two Penny, under the CUltural Ullbrella. Board adopted the following Resolution waiving prOhibition against conflict of intere.t for Eric Hathaway a. a ....lIber of the Board of Directors of the Greater Marathon CbA-ber of Co~ce aerving a. District III Advi.ory Co_ittee JMItber who.e cham.r is funded by the Monroe County Tourist Developaent Council (MCTDC) to provide telephone and tourist inforaation services to the MCTDC. aB8OL~X~ ~. 3'3-1994 See Re.. Book No. 124, which is incorporated herein by reference. 94/401 Board adopted the following Resolution waiving prohibition against conflict of interest for Eileen Mason as a aember of the Board of Directors of the Islamorada Chaaber of co...rce serving as District IV Advisory Committee aember whose chaaber is funded by the Monroe County Tourist Development Council CMCTDC) to provide telephone and tourist information services to the MCTDC. uaOLU'lXO. .0. 3'4-1994 See Res. Book No. 124, which is incorporated herein by reference. Board adopted the following Resolution waiving probibition against conflict of interest for Chuck Vowels a. a ~~r or the Board of Directors of the Lower Key. Chaaber of Co-.erce aerving as District II Advisory Comaittee aeaber wbo.e chaaber i. runded by the Monroe County Tourist Develop.ent Council CHCTDC) to provide telephone and tourist inforaation .ervice. to the MCTDC. uaOLU'l'IO. .0. 3'5-1994 See Res. Book No. 124, wbicb is incorporated herein by reference. Board adopted the following Resolution waiving probibition against conflict of interest for paye Bailey as a -..ber or the Board of Directors of the Key Largo CbaIaber or C~ce .erving as Di.trict V Advi.ory Comaittee aeaber who.e cbaaber i. runcted by the Monroe County Tourist DeveloPMnt council (NCTDC) to provide telephone and tourist inroraation .ervicea to the MCTDC. auoLU'l'IOII .0. 3"-1994 See Re.. Book No. 124, wbich i. incorporated herein by reference. Board adopted the following Resolution waiving probibition against conflict or interest for Micbael Payton a. a Il8IIber or the Board of Directors of the Key Largo Cbaaber or c~ce serving as Di.trict V Advisory Coaaittee "aber wbo.e cbA.ber i. runcted by the Monroe County Tourist Developaent Council CNCTDC) to provide telephone and Tourist Inroraation Servic_ to the MCTDC. aBSOLU'l'IOII~. 3'7-1994 See Rea. Book No. 124, wbich is incorporated berein by reference. Board adopted the following Resolution waiving prohibition against conrlict or interest for Richard Drake a. a Reaber or t:he Board of Directors of the Xey Largo Chaaber of ~ce serving all Di.trict V Advisory COIIIIittee Jl8Jlber who_ ) 94/402 chaaber is tunded by the Monroe County Tourist Development Council CMCTDC) to provide telephone and tourist information services to the MCTDC. .B80LU'l'XOB BO. 3'8-1994 See Res. Book No. 124, which is incorporated herein by reference. Board adopted the following Resolution waiving probibition against conflict of interest for Ursula Boll a. a ".her of the Board of Directors of the Key West Cbaaber of Co.aerce .erving as District 1 Advisory Comaittee aeabar wbose chUlber i. funded by the Monroe County Tourist Developaent Council CMCTDC) to provide telephone and tourist inforaation .ervice. to the MCTDC. RB80LU'l'IO. BO. 3'9-1994 See Res. Book No. 124, wbicb is incorporated herein by reference. Board adopted the fOllowing ReSOlution waiving prohibition against conflict of interest for Bill Broach a. a -..bar of the Board of Directors of the I.laaorada Cbaaber of ~rce aerving a. District IV Advisory co..ittee llteaber vbo.. t!ha-Mz' i. funded by the Monroe County Touri.t Developaent Council CMCTDC) to provide telepbone and touri.t inforaation .ervicea to the MCTDC. RB80LWIOJI 110. 370-199. See Re.. Book Ho. 124, wbich is incorporated berein by reference. Board adopted the following ReSOlution waiving prohibition aga1nat conflict of interest for Sbannon Powell a. a -..bar of the Board of Director. of the Greater Marathon Q"'.ber of ~ce aerving a. Di.trict III Adviaory Coaittee -.aber vboae cb..ber i. funded by the Monroe County Touri.t DeveloPJl8n~ Council CMC'1'DC) to provide telepbone and touri.t inforaation .ervice. to the MCTDC. RBSOLWIOJI 110. 371-199. See Re.. Book No. 124, which i. incorporated berein by reference. 8BD%n'. DD~ Board granted approval of expendi~ur.. fro. the Law Bnfor~nt 'l'ruat Fund, in the total aJIOunt of $17,258.08 to be applied _ followa: $10,034.08 to purcha.. protective gear for the .even -..bar. of a Corrections Response Teall. 94/.03 $6,325.00 to purchase three IBM ThinkPad subnotebook computers, fax modems and additional memory capacity to be assigned to Special Operations Unit. $899.00 to purchase DARE and safety related prograa aaterial consisting of literature, coloring book., crayons, erasers and rulers. This material to be issued to deputies to distribute to children who they encounter in the course of their duties. Board granted approval of a request for return of excessive fund. to be applied to Capital Expenditure. for Fiscal Year 1994/95. Board granted approval to advertise an Ordinance of the Board of County Comais.ioners of Monroe County, Florida, i.po.ing a .urebarge of twelve dollars and fifty cents ($12.50) for aoving traffic violation. with the proceeds to be used to fund Monroe County'. participation in an Intergovernment Radio Ccmaunication Progru, providing for severability; providing for repeal of all Ordinance. inconai.tent herewith; providing for incorporation into the Monroe County Code; and prOViding an effective date. Motion carried unaniaously. U8CV,LaIIBOU8 Mr. Ludacer and Mark Rosch, Director of the Monroe County Land Authority, addres.ed the Board. Motion wa. aade by eo.ai..ioner Douglass and seconded by Coaissioner Reieb grantIng approval anc:l authorizing execution of a Contract for Sale and Pureba.. between Monroe County and Coconut Grove Bank, Tru.tee under Land Tru.t No. 20-078-01, for the purcha.e of Lot. 312 through 325, 328 through 353, and 355 through 384, all incluaive, Port Largo SUbcli vi.ion Fourth Addition, in the aJaOunt of $1,700,000.00; and execution of a Contract for Sale and Pureha.e between Monroe County and Marr Resort Propertie., Inc., for the pureha.. of Iota 326, 327 and 354, Port Largo SUbclivi.ion Fourth Adclition, in the aaount of $225,000.00. Motion carried unanbaoualy. * * * * * DInucsa 11 LOUR &lID JlIDDLB an. 1'0. UD AlDUL&1ICB DI8ftXcsa 1an~.D ~ CI09DIIOIUI The Board of Governors of District 11 Lover and Middle Key. Pire and Aabulance District convened. Praaant and answering to roll call were Jlayor S-.uel J. Peiner, Ccmai..ioner Xei th Dougla.., Jlayor Shirley Freeaan, eo.ai..ionar Hal Halenaa and Jlayor Pro t_ London who is aarving as Mayor Pro t_ for Spacial Dis1:r ict 1. REVISED (- 94/404 Motion was made by Commissioner London and seconded by Mayor Freeman granting approval to purchase one Type I walk-thru ambulance from Southern Ambulance Builders, Inc. , in the amount of $75,486.00, plus the price differential for a 1995 chassis, and waiving the Purchasing Policies and Procedures. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. The Board of County Commissioners reconvened. MISCELLANEOUS Judson Freeman, Jr. , Esq. ,Bond Counsel with Squire, Sanders & Dempsey, and John Jenkins, Esq. , representing the North Key Largo Utility Corporation addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following revised Resolution approving, pursuant to the requirements of Section 147 (f) of the Internal Revenue Code of 1986, as amended, but subject to certain state law findings, the issuance by Monroe County, Florida, of its Industrial Development Revenue Bonds (North Key Largo Utility Corp. Project) , Series 1994, in an ag gregate) , principal amount not exceeding $3,400, 000, for the purpose of financing all or part of the cost of acquisition of the wastewater treatment plant of Ocean Reef Club, Inc. , and the construction of an expansion to that plant; authorizing application for State Bond Volume Cap Allocation for such bonds; and providing an effective date. Roll call vote was unanimous. RESOLUTION NO. 372-1994 See Res. Book No. 124, which is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held to consider a Development Agreement affecting Pumpkin Key. Richard A. Pettigrew, representing Terra Cotta Realty, addressed the Board. Bob Herman, Director of Growth Management, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Resolution granting approval and authorizing execution of a Development Agreement between Monroe County, the Florida Department of Community Affairs, and Terra Cotta Realty, affecting Pumpkin Key. Motion carried unanimously. RESOLUTION NO. 372A-1994 See Res. Book No. 124, which is incorporated herein by reference. 94/405 A Public Hearing was held to consider the adoption of a Resolution concerning abandonment of a portion of Shore land Drive, Anglers Park Shores SUbdivision, Key Largo. There was no public input. Motion was made by Commissioner Reich and seconded by co..i.sioner London to adopt the following Resolution renouncing and disclaiming any right of the County and the public in and to a portion of Shoreland Drive, Anglers Park Shores Subdivision, Key Largo, Monroe County, Florida. Motion carried unaniJlOusly. USOLU'1'IO. .0. 373-1994 See Res. Book No. 124, which is incorporated herein by reference. A Public Hearing was held to consider the i..uance of Industrial Development Revenue Bonds for the acqui.ition of the Wa.tewater Treatment Plant currently owned by the Ocean Reef Club for the benefit of North Key Largo Utility Corporation. David Ritz, representing the Ocean Reef Community Association, addre.aed the Board. Motion was made by Commis.ioner Reich and .econded by Co.-issioner Harvey granting approval of the is.uance of not exceeding $3,400,000.00 Industrial Develop.ent Revenue Bonda for the acquisition of the Wastewater Treataent Plant currently owned by the Ocean Reef Club for the benefit of North Key Largo utility Corporation. Motion carried unaniJlOualy. XISCBLLUBOU8 Jame. Roberta, County Administrator, addre..ed the Board. Motion was ..de by COJDJIissioner Harvey and .econded by C~ia.ioner Douglass to approve, in concept, the reque.t by the Florida Depart.ent of State to create a Sesquicentennial co.ai..ion C~ittee for Monroe County. Motion carried unaniJaoualy. Motion wa. aade by Mayor Fre8Jlan 'and .econded by Co.ai..ioner Harvey to appoint a ten member co..ittee with two appointees for each County COJDJIissioner for the Sesquicentennial Co..i..ion Co..ittee. Motion carried unanimously. co..is.ioner London nominated Keith Dougla.. a. the Co.ai..ion's appointment to the Monroe County Juvenile Juatice Council. co.ais.ioner Reich nominated co..issioner Harvey. Co.ai.aioner Harvey declined the nomination and Co..i..ioner Douglass was confirmed as the Board's appointee. Motion vas aade by Co_issioner ReiCh and .econded by C~i.aioner Harvey to re-agenda it.. G-5 which waa approved in bulk r8CJarcling the approval of staff reco...ndation to deny an ex.-ption fro. the Dwelling Unit Allocation Ordinance (ROGO) for Coral COast SUbdivi.ion. Motion carried unanimously. 94/40' Bob Apgar, Esq., addressed the Board and gave an update on the Comprehensive Plan administrative hearings. Ji. Hendrick, Esq., addressed the Board concerning Twin HarborS/Key Largo Bay Beach Resort. Motion was made by C~issioner London and seconded by Commissioner Douglass to acc.pt the offer of $5,000.00 settlement from Key Largo Bay Beach Resort including the issuance of a permit for sound-proofing and complete enclosure of approximately 147 square fe.t at K.y Largo Bay Beach Resort. Roll call vote was unanimous. Mr. Hendrick discussed a letter from attorney Al Frigola conc.rning Holiday Isle litigation Cod. Enforc...nt ca.e.. The Board discussed the method of prosecuting Code Bnforc...nt cases generally. Motion was made by Co..i..ioner London and .econded by COIDIDissioner Douglass directing the County Attorn.y to give r.co..endations back to the Board regarding the po..ibility and m.thods of taking Cod. Enforcement ca..s directly to County Court. Roll call vote was taken with the following r..ults: Co..ission.r Douglass Co..is.ion.r Harvey co..ission.r London Co..is.ion.r Reich Mayor Shirley Fr....n Motion carried. Mr. Hendrick discussed vacation rental./re.ort dwelling. and the case of Romanov, .t.al. v.. Monroe County. Motion wa. Jlad. by co_is.ioner London and seconded by Co..i.sioner Reich directing the Code Enforcement Attorney, Garth Coller, to proceed with the defense of the cas. of ROJlanov v.. Monroe County and also dir.cting staff to begin working on LOR'. as th.y relate to transient rentals. Motion carried unani~u.ly. Y.s Ye. Yes No Y.. Mr. Hendrick discu.sed the City of Key We.t Co.prehelllliv. Land Us. Plan approval proce.. and the appeal by Monroe County. Mr. Hendrick stated that he will proceed in the direction of trying to re.olve the di.pute between the City and the COunty after the County's Comprehenaive Land Use Plan has been approved by the Gov.rnor and the Cabinet. Mr. Hendrick discussed the Shaddick cas. conc.rning a teaporary taking and an upco.ing Mediation Hearing on the ca.e. Mr. lIenc:lrick indicated that the pr.senc. of a County Co..issioner at the Mediation Hearing would be d.sirable. Co..i..ioner London volunteered to attend the Hearing. Bob Herman discu..ed the selection of a date for a joint _tine) between the Board, the Planning Co_i..ion, and the Department of Co_unity Affairs regarding the Principle. for 94/407 Guidinq DevPlopment. No official action was taken. Bob Herman and Roger Braun, Director of the Monroe County Housinq Authority, addressed the Board. Motion was made by Co..issioner Harvey and seconded by Commissioner Reich to adopt the followinq Resolution directinq staff to prepare the applicable adainistrative and policy chanqes required to permit the successful utilization of the County's Dwellinq Unit Allocation Affordable Residential Permit Allocation System for the very low to moderate income residents of Monroe County. Motion carried unanimously. "SOLUTXO. .0. 374-1994 See Res. Book No. 124, which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commissioner ReiCh grantinq approval of staff recommendation reque.ting a 60 day extension of ROGO Affordable Hou.ing Per.it Allocation, to permit the applicant (Izaquirre) adequate ti.e to obtain first mortgage financing commitment based upon the Board's pending action for first mortgage subordination to an in.titutional lender. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Co..i..ioner ReiCh to reconsider and place back on the Agenda It.. G-7, approved in bulk, qranting approval of a refund reque.t for Habitat for Huaanity, in the amount of $750.00 for a building per.it and ROGO proce.sinq fees paid for the rein.tate.ent of expired Per.it No. 92-3-7082. Motion carried unaniaou.ly. Atorney Jim Mattson, representing Lamar Louise CUrry, and Land Use Attorney Jim Hendrick addressed the Board. Motion was made by Mayor Freeman and seconded by Commissioner Douglas. to approve staff recommendation to deny an exemption fro. the Dwelling Unit Allocation Ordinance (ROGO) for Coral Coast Subdivision. Roll call vote was taken with the following results: Commissioner Douqlass Yes Commissioner Harvey Yes Co..issioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. Mr. Herman addressed the Board. Motion was aade by Commissioner Reich and seconded by Commissioner Douqlas8 to approve the refund in the amount of $1,309.98 for a building permit and ROGO processing fees paid for the reinstateaent of 94/40. expired Pe~it No. 92-3-7082 for Habitat for Humanity. Roll call vote was taken with the following results: Commissioner Douglass Commissioner Harvey Commissioner London Commissioner Reich Mayor Freeman Yes Yes Absent Yes Yes Motion carried with Commissioner London not present. Motion was made by Commissioner Reich and s.conded by Co..i.sioner Harvey to amend Monroe County Code Section 6-42 to include non-profit organizations as approved by the Board of County Coaal..ioners. Roll call vote was tak.n with the following results: Co..i..ion.r Douglass Co..i..ion.r Harv.y Co..i..ion.r London Co..i..ion.r Reich Mayor Fre_an Y.. y.s Absent Y.. y.. Motion carried with Co..ission.r London not pre.ent. Randy Ludacer, County Attorn.y, di.cus.ed a Reaolution e.tabli.hing the general requir...nt. for roofing ..terial., applicationa, acce..orie., roof .ount equipaent and inapectiona and reque.ted that it be withdrawn frOll con.ideration. 1Ir. Heraan addre..ed the Board. Bill SlIith, repre.enting the Florida Key. Contractor. As.ociation addre..ed the Board. Bob Hail.tone addr...ed the Board. Motion wa. aade by Mayor Fr....n and .econded by coaaissioner London granting approval to adopt the following Resolution ..ended to r.ad: A Resolution e.tabli.hing advlso~ general requirements for roofing aaterials, application., accessorie., roof mount.d equipment and in.pection.. Motion carried unanimouslYi "'OL~X~ .0. 375-1994 See Res. Book No. 124, which i. incorporated h.rein by referenc.. COJOI1JJa'l'Y saVIeBS ThoJaas Pope, Architect for the proposed addition to the Zsla~rada Branch Library, and Peter Horton, Co..unity Service. Dir.ctor, addressed the Co..ission. Motion was made by Co..issloner Harvey and seconded by Co..issioner Douglas. to approve the final design for the .eeting rooa/hurricane refug. at the Zslaaorada Branch Library. Motion carried unaniaously. 94/409 GaOnB XAnGBHDIT DIVI8XO. Motion was made by Commissioner London and seconded by Co..issioner Harvey granting approval ot Staft recommendation for a variance to permit expiration under Section l(f) (4) of Ordinance No. 013-1994 for Permit No. C-20522, originally i.sued on Septeaber 22, 1986 to Jim Amos, a previous owner, for a .ingle faaily re.idence at Key Largo Ocean Shores. Motion carried unaniJlOusly. Motion was made by Commissioner Reich and seconded by Co..issioner Harvey to postpone to the next Key Largo ..eting the approval of a request for a variance to permit expiration under S.ction l(f) (3) of Ordinance No. 013-1994 for P.rmit. No. C20107, C20453, C20455, C20456, C20457, C20464, C20467, C20489, C20492 and C20497 i..ued on Septeaber 30, 1986 (except for C20107 i..Ued 8/12/86) to C. P. Alfon.o for Sunland Eatate., Inc., for .ingl. faaily r..id.nc.. at Lot. 1, 2, 4, 6, 10, 11, 13, 15, and 20, J. R.T. Bubdivi.ion, Key Largo and approval of a requ..t for a varianc. to permit expiration under Section 1(f)(3) of Ordinance No. 013-1994 for Permit No. C20453 issUed on Septeaber 30, 1986 to C. P. Alfonso for Sunland Estates, Inc., for a single faaily r..id.nc. at Lot 1, J.H.T. Subdivision, Key Largo. Motion carried unaniJlOusly. Motion was aade by co..i.sioner London and .econded by Mayor rr....n granting approval to advertise an Ordinanc. r.vi.inq Monroe County Cod., Section 6-55 to bring the ..ction into c~plianc. with the .tate .tatute., exeapting from lic.n.ur. own.r. of property when acting as their own contractor in providing aaterial .upervision; revising the .xeaption to apply to one-faaily or two-faaily residences and co..ercial buildings at a cost of under $25,000; providing for the exeaption not be available within one year of completing a structure built und.r this exeaption; providing for severability; providing for the repeal of all ordinances inconsistent herewith; prOViding for incorporation into the Monroe County Code of Ordinance.; and providing an effective date. Motion carried unanimou.ly. Motion was .ade by Commissioner London and seconded by co..issioner Douglass to adopt the following Resolution adopting Plorida Adainistrative Code provisions tor local diSCiplinary actions to be used by the Contractors Examining Board in conducting diSCiplinary actions. Motion carried unanimously. auoLU'I'XOJf .0. 37'-1994 See Res. Book No. 124, which is incorporated herein by reterence. PUBLXC RBUI.OS 94/410 A Public Hearing was held on a proposed amendment to the Land Us. District Map for applicants Robert M. Ballinger, who requ..t. a zoning change fro. Suburban Residential (SR) to I.proved Subdivision (IS) for Lot 2, Block 7, Bay Hav.n SUbdivi.ion, S.ction 3, Key Largo. Bob Herman and Holly Larson addre..ed the Board. George Ancheta, Robert SJli th, repr.s.nting 1Ir. Balling.r, and Holly Larson address.d the Board. Motion was made by C~i.sion.r London and seconded by Mayor Fr....n to approve Staff recoaaendation denying the proposed aaenc:lJlent and adopting the following Resolution d.nying a Land U.. District Map ~t changing the Land U.e De.ignation for the Robert M. Ballinger property legally d.scribed as Lot 2, BlocJc 7, Bay Hav.n SUbdivi.ion S.ction 3, K.y Largo, Monroe County, Plorida, fro. SUburban Re.id.ntial (SR) to I.proved Subdivi.ion (IS). Roll call vote va. tak.n with the following result.: Co..i.sioner Douglass Co..i.sioner Harv.y C~i..ion.r London Co..i.sioner Reich Mayor Fr....n Motion carried. Yes No Y.. No Y.. "'OL07I~ ~. 377-1". see Re.. Book No. 124, which i. incorporated h.r.in by r.t.r.nc.. A Public H.aring was h.ld on a propo.ed _ndaent to the Land U.. District Map for applicant. J.... BovliftCJ and llark BruaJta, who reque.t a zoning change fro. Suburban Re.idential (SR) to Suburban C~ercial (SC) for Lot 4, Tropical Coral Reet Batatea, Plantation K.y. Ther. va. not public input. Motion va. mad. by Co..i..ioner London and .econded by Co.-i..ioner DoucJla.. to approve Statt r.coaaendation d.nying the propoaed ~t and adopting the following R..olution denying a Land u.. Di.trict Map ~t changing the Land U.. o..ignation tor the J_ Bowling and Mark Hruska property legally d..cribed a. Lot 4, Tropical Coral Re.t Estat.., Plantation K.y, Monroe County, Florida, troa Suburban R.sid.ntial (SR) to SUburban Coaaercial (SC) . Roll call vote was taken with the following r..ults: Co..issioner Dougla.s co..ission.r Harvey Caaais.ion.r London co..is.ion.r R.ich Mayor Pr....n JIotion carried. Yea Y.s Y.. No Yes IlBSOL1J'1IXOJI 110. 37.-1994 See Res. Book No. 124, which is incorporated her.in by ref.r.nce. R~V'15 -e..<L 94/411 A ~lblic Hearing was held on a proposed amendment to the Land Use District Map for applicants Breault, Henry and Lee, who request a zoning change from Suburban Residential (SR) to I.proved Subdivision (IS) for Lots 1, 3 and 4, Block 1, Matecumbe Ocean View, Lower Matecumbe Key. There was no public input. Motion was made by Commissioner Douglass and seconded by co..issioner London granting approval of staff's recommendation approving the Land Use District Map Amendment, and adoption of the following Ordinance adopting a Land Use District Map Amendaent changing the Land Use Designation for Lee, Breault and Henry, property legally described as Lots 1,3 and 4, Block 1, Matecuabe Ocean View, Lower Matecumbe, from Suburban Residential (SR) to Improved Subdivision (IS); transmitting these a.endaents to the state Land Planning Agency for approval; providing for severability; and providing for an effective date. Roll call vote vas unanimous. ORDX~C. 038-1994 See Ord. Book No. 34, which is incorporated herein by reference. ~ A Public Hearing was held on a proposed aaendaent to the Land Use District Map for applicants Coral Isle. Church, Mark ROberts, Tom Wrenn and Ralph Wrenn, who request a zoning change from Improved SUbdivision (IS) to Suburban Co...rcial (SC) for Lot. 1-4, Block 3, and Lot 23, Block 5, Fontaine Lake Estates Subdivi.ion and for part of Government Lot 2, pt. SE 1/4 of ME 1/4, Section 5, Township 635, Range 38E. Plantation Key, MM90. Attorney Andrew Tobin addressed the Board. Holly Larson and Garth Collar addressed the Board. Motion was made by Co..is.ioner Douglass and seconded by Commissioner Harvey to approve staff's recommendation approving the Land Use District Map Amendment, and adoption of the following Ordinance adopting a Land Use District Map Amendment changing legally described as Lots 1, 2, 3 and 4, Block 3, and Lot 23, Block 5, of Fontaine Lake Estates SUbdivision, and Part of Government Lot 2, Part SE 1/4 of the HE 1/4, Section 5, Township 63, Range 38, Plantation Key from Improved Subdivision (IS) to SUburban Co..ercial (SC); transmitting these amendments to the State Land Planning Agency for approval; providing for severability; and providing for an effective date. Roll call vote was unanimous. * By this Ordinance that part of Government Lot 2 owned by Mark Roberts is denied the requested zoning. ORDIDlfC. 039-1"4 .. See Ord. Book No. 34, which is incorporated herein by reterence. A Public Hearing was held on a proposed amendment to the Land Use District Map for applicants Coral Shores Commercial Center, and Roberta Poster who request a zoning change from ~vis~ 1 t 94/412 Improved Subdivision (IS) to Suburban Commercial (SC) for Lots 1- 5, Block 2, Fontaine Lake Estates, Plantation Key, MM90. Attorney Andrew Tobin addressed the Board representing the applicant. Motion was made by Commissioner London and seconded by co..issioner Douglass to approve staff's recommendation approving the Land Use District Map Amendment, and adoption of the following Ordinance adopting a Land Use District Map Amendment changing the Land Use Designation for the Coral Shore. Co..ercial Center and Roberta Fo.ter properties legally described a. Lot. 1,2,3,4 and 5, Block 2, Fontaine Lak. Estat.., Plantation Key, froa Iaproved Subdivi.ion (IS) to Suburban Co..ercial (SC); tran.aitting th.se amenclJDents to the Stat. Land Planning Agency for approval; providing for severability; and providing for an effective dat.. Roll call vote was unaniaous. ORDIRaBCB 040-1994 S.. Ord. Book No. 34, which is incorporated her.in by r.ferenc.. ~ A Public H.aring was h.ld on a propo.ed aaendaant to the Land U.e Di.trict Map for applicant Betty Ea.on, who reque.t. a zoning change froa Iaproved Subdivision (IS) to Suburban c~rcial (Se) for Tract. 3-9, Th. Ru...ll Estate, Upper MateCUllbe, MM 83.5. The.e tract. are now own.d by Sanctrey, Plei.her, Invorica Inv..taents Corp., and Alvarado. Thi. application i. being proc....d a. the r..ult of a court order. The following individual. addr....d the Board: Jackie Robinaon, Joe Robinaon, David Mak.peace, Le. Alvarado. Motion va. ..de by Co..i..ioner Douglas. and .econded by co..i..ioner London approving Staff'. r.co...ndation d.nying the propo.ed ...ndaent and adoption of the folloving Resolution denying a Land U.e Di.trict Map Allencta.nt changing the Land Use De.ignation for property legally d.scribed a. the Ru...ll Estat., Tract. 3 through 9, Upper Mat.cuabe, Monroe County, Plorida, froa Iaproved Subdivi.ion (IS) to Suburban Co..ercial (SC). Roll call vote was unaniaou. . "'OL~XO. .0. 379-199. S.. R... Book No. 124, which is incorporated h.r.in by reference. A Public Hearing was h.ld on a proposed aaendaent to the Land U.e District Map for applicant Manu.l Fernand.z, who requ..t. a zoning chang. froa Suburban Resid.ntial (SR) to Iaproved Subdivision (IS) for Lots 1-5 and Suburban co.aercial (se) for Lot. 6-8, Block 2, Bay Haven Subdivi.ion, s.ction 1, K.y Largo, MM95. Yvette Hevia, repre..nting Mr. Fernandez and George Ancb.tta, repr.senting the Bay Harbor Ho..owners Association addre..ed the Board. Motion was aad. by Mayor Freeaan and s.conded by Coaaissioner Douglass approving Staff's reco..endation denying the proposed amenclJDent and adoption of the following Resolution denying a Land Use District Map Aaendaent 94/413 changing tbe Land Use Designation for the Manuel Fernandez property legally described as Lots 1,2,3,4 and 5, Block 2, Bay Haven Subdivision, Section one, Key Largo, Monroe County, Florida, from Suburban Residential (SR) to Improved Subdivision (IS); and Lots 6,7 and 8, Block 2, Bay Haven SUbdivision, Key Largo, Monroe County, Florida, from Suburban Residential (SR) to Suburban Commercial (SC). Roll call vote was unanimous. RBSOLUTXO. RO. 380-1994 See Res. Book No. 124, which is incorporated herein by reference. A Public Hearing was held on a proposed aaendaent to the Lane Use Di.trict Map for applicant Florida Keys Electric Cooperative Aa.ociation, Inc., who reque.ts a zoning change fro. Iaproved SUbdivision (IS) to Suburban Co...rcial (SC) for Lots 6 and 7, Singleton's Addition, Key Largo, MM91.6. The following individual. addre.sed the Board. Nick HUlick, repre.enting the Florida Key. Electric Cooperative Association, Charles Ru..ell, Manager of the Florida Key. Electric Cooperative Aasociation, Frank Perry, K. Wilkin.on, David Byrua, Alice Allen, Shirley Faye Albury, George Anchetta, Dagny JOhnson, repre.enting the Upper Key. Citizen. Association, Nick Mulick and Garth Collar. Motion va. ..de by Co-.issioner London and .econded by co..i.sioner Harvey to uphold the reco...ndation of the Planning Caa.i..ion denying the propo.ed a..ndaent and adoption of the following Re.olution denying a Land U.e Di.trict Map AaendJaent changing the Land U.e Designation for the Florida Key. Electric cooperative Aa.oc., Inc., property legally described a. Lot. 6 and 7, Block 4, Singleton'. Addition of Tavernier Cove, Key Largo, Monroe County, Plorida, from I.proved Subdivision (IS) to Suburban Co...rcial (SC). Roll call vote was unanimou.. "'OL~I~ ~. 311-1... See Res. Book No. 124, which is incorporated herein by reference. A Public Hearing was held on a proposed amendaent to the Land Use District Map for a Planning Department initiated ...ndaent for ,the Key Investaent , Development, Inc., (J.R. Carter) property. The proposed zoning change is fro. Improved Subdivision (IS) to Suburban Commercial (SC) for Lot. 1-4, Block 1, Largo Beach SUbdivision, Key Largo, MM91.5. The following individuals addre.sed the Board. J.R. carter, Alice Allen, K. Wilkinson, Shirley Faye Albury, Bruc. Kelly, Ji. Anderson, Dagny John.on, repre.enting the Upper Keys Citizens Association. Motion va. made by Coaai.sioner Reich and seconded by Coaai.sioner Harvey to approve staff's reco..endation granting approval of the aap uaendJlent and adoption by Ordinance of ~e Land Us. District Map Aaendaent. 94/414 Roll call vote was taken with the following results: commissioner Douglass Commissioner Harvey Commissioner London Commissioner Reich Mayor Freeman No Yes No Yes No Motion failed. Motion was made by Mayor Freeaan and ..conded by c~i.sion.r Douglass upholding the reco...ndation of the planning co..ission denying the proposed ..encta.nt and adoption of the following Re.olution d.nying a Land U.. Di.trict Map ~t changing the Land US. d..ignation for K.y Inv..t.ent and Dev.lopa.nt, Inc., (J.R. cart.r) property legally d..cribed a. Lot. 1,2,3 and 4, Block 1, Largo Beach Subdivision, K.y Largo, fraa I~roved Subdivision (IS) to Suburban Co...rcial (se). Roll call vote was tak.n with the following r.sults: co..ission.r Douglass co..ission.r Harv.y C~ission.r London Co..i..ioner Reich Mayor Fr....n Motion carried. Y.. No Y.. No Y.. aaaoL~I~~. 312-1". S.. Re.. Book No. 124, which i. incorporated h.r.in by r.f.r.nc.. A Public H.aring was held on a proposed ..endaent to the Land U.. Di.trict Map for applicant K.y Largo Holiday Harbour, who requ.st. a zoning change frOJl Illproved SUbcli vision (IS) to Suburban Co.mercial (SC) for Lot 535, and w..t.rly 15' of Lot 536 Port Largo, 5th Addition, OC.an Driv., K.y Largo, MM 99.9. Andrew TObin, Attorn.y r.pr.senting the applicant addr...ed the Board. The following individual. addr..sed th. Board: R.M. Woodhull, Fred Nick.rson, Hyatt Hodgdon, Richard O'N.il, Maurice Jay Kutner, Mirta Pernand.z, Jose Gonzal.z, Santiago-P.rnand.z, Dagny Johnson repr.senting the upper Key. citizens As.ociation. Motion was. mad. by Mayor Pr....n and .econded by co..issioner Harv.y to deny the propo.ed aap ...ndJlent and adoption of the following Resolution d.nying a Land US. District Map Amendm.nt Changing the Land U.. d.signation for the Holiday Harbour property l.gally d.scribed a. Lot 535, and the westerly 15 t.et of Lot 536, Port Largo, Fitth Addition, Key Largo fro. I.proved Subdivision (IS) to Suburban Co...rcial (SC). Roll call vote was unanimous. "'OL~X~ ~. 3.3-1994 See Res. Book No. 124, which i. incorporated herein by reterence. 94/415 A Public Hearing was held on a proposed aaendaent to the Land Use District Map for applicant George R. Parks III, who requests a zoning change froa Iaproved Subdivision (IS) to I~roved Subdivision-Duplex (IS-d) for Lot 38, Block 7, Ocean I.le btate., Key Largo, MMl06. George Parks III addres.ed the Board. Meredith Cline addressed the Board. Motion wa. _de by COllld..ioner Reich to approve the propo.ed -nc:laent and adopt an Ordinance. Motion died for lack of a second. Motion wa. ..de by Mayor Pre_n and .econded by C~is.ioner Dougla.. to approve Statt re~ation to deny the proposed ..p _ncment and adoption ot the fOllowing Resolution denying a Land U.e Di.trict Map ~nt changing the Land U.e designation tor George R. Parka III, property legally deacribed a. Lot 38, Block 7, Ocean 1.1. ..tate., Key Largo, Monroe County, Florida, trOll I~rovecl SUbdivi.ion (IS) to I.proved Subdivi.ion-Duplex (IS-D). Roll call vote wa. taken with the fOllowing re.ult.: Co..i..ioner Douglas C~i..ion.r Harvey C~i..ioner London eo..i..ioner Reich Mayor London JIotion carried. Ye. Ye. Ye. No Ye. aDOLftIOII m. 384-1". see _. Book No. 124, which i. incorporated herein by reterence. There being no further buaine.. to COM betore the Board, the ..eting was adjourned. Clerk to the Board of County co..i..ioner. of Monroe County