05/17/1995 Regular
95/149
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 17, 1995
Key Largo Library
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 A.M., on the above date, at the
Key Largo Library, Key Largo, Florida. Present and answering to
roll call were Commissioners Keith Douglass, Wilhelmina Harvey,
Mary Kay ReiCh, Jack London and Mayor Shirley Freeman. Also
present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy
Clerk; Randy Ludacer, County Attorney; James ROberts, County
Administrator; County Staff, members of the Press and Radio; and
the general public.
ADDITIONS, CORRECTIONS, AND DELETIONS
Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval of Additions, Corrections,
and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
A Mayor's Proclamation was made proclaiming May 20-26,
1995, as National Safe Boating Week.
A Mayor's Proclamation was made proclaiming Mayas
Better Hearing and Speech Month.
A Mayor's Proclamation was made in recognition of
Elizabeth Fuller, Florida's Hometown USA.
BULK APPROVALS/CONSENT AGENDA
Motion was made by Commissioner London and seconded by
Commissioner Harvey to approve the following items by unanimous
consent:
Board adopted the following Resolution rescinding
Resolution No. 437-1995, which approved a Joint Stipulated
Settlement Agreement between Monroe County, Shark Key Development
Corp., and the Florida Department of Community Affairs which has
since been revised.
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RESOLUTION NO. 194-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board granted approval of the Planning Commission
recommendation to approve Resolution P12-95, wherein the Planning
Commission approved the 1994 Annual Report of the Dwelling Unit
Allocation Ordinance submitted by the Director of Planning.
Board granted approval to place additional channel
markers at the entrance into Coco Plum Channel.
Board granted approval to release lien for Affordable
Housing and Notice for Deferred Payment of Impact Fees for John
E. Brown, Jr.
Board granted approval to release lien for Affordable
Housing and Notice for Deferred Payment of Impact Fees for Mr.
Paul Burress.
Board granted approval to release lien for Affordable
Housing and Notice for Deferred Payment of Impact Fees for Mr.
Pete Davern.
Board granted approval to release lien for Affordable
Housing and Notice for Deferred Payment of Impact Fees for Mr.
Sergio Galvan.
Board granted approval to release lien for Affordable
Housing and Notice for Deferred Payment of Impact Fees for Mr.
Louis and Mrs. Ruby Luff.
Board granted approval to release lien for Affordable
Housing and Notice for Deferred Payment of Impact Fees for Mr.
Michael and Mrs. Noa Siegrist.
Board granted approval to advertise an Ordinance which
will amend Ordinance 029-1994, changing the boating restricted
area for the near shore waters adjacent to populated areas on
Tavernier Creek, Plantation Key/Key Largo from an idle speed/no
wake zone to a slow speed/minimum wake zone.
DIVISION OF GROWTH MANAGEMENT
Board granted approval and authorized execution of an
Interlocal Agreement for the Monroe County Land Authority to
provide Monroe County $3,677.987.00 for purchasing property under
the Dwelling Unit Allocation Ordinance and the Monroe County Year
95/151
2010 Comprehensive Plan.
Board granted approval of the documented entitled Land
Acquisitional Proqram to Implement The Monroe County Year 2010
Comprehensive Plan - Manaqement Plan - Proiect No. 93-001-CS1,
May 1995, as required by the grant contract from Florida
Communities Trust to fund the purchase of lands to implement the
Rate of Growth Ordinance.
Board adopted the following Resolution to provide
assistance to the City of Key Colony Beach during the revision of
their Comprehensive Plan.
RESOLUTION NO. 195-1995
See Res. Book No. 126 which is incorporated herein by reference.
Board granted approval of County and Florida Department
of Transportation (FDOT) Staffs' ranking of the proposals from
prospective consultants to develop a County-wide bicycle and
pedestrian plan and short-listing of three consultants who will
provide presentations to the Board of County Commissioners at the
June 21, 1995 meeting, as follows:
1. Barton-Aschman Associates, Inc.
2. Herbert and Halback, Inc.
3. Sprinkle Consulting Engineers
Board granted approval to return to the Florida
Communities Trust (FCT) unused funds from the FCT Parks and
Recreation Grant #93-002-CS1 to facilitate a new FCT Area of
Critical state Concern funding cycle.
Board granted approval to authorize Staff to terminate
the Florida Communities Trust (FCT) Grant #94-001-CS2 for Parks
and Recreation and to notify the FCT of same.
COUNTY ADMINISTRATOR
Board granted approval of the concept for making all
County parks "Drug Free Zones" beginning with the Key Largo
"Friendship Park" as the first example.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
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COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Guillermo
Marcovici, in the amount of $2,825.00; Leslie Morgan, in the
amount of $1,200.00; Guidance Clinic of the Middle Keys, in the
amount of $400.00, and Care Center for Mental Health, in the
amount of $800.00, David Nathanson in the amount of $375.00,
Deborah Harrison, in the amount of $537.50.
COURT APPOINTED ATTORNEY'S, Margaret Broz, in the
amount of $555.00, Donald Yates, in the amount of $858.75,
Michael Cox, in the amount of $6,831.25, Jason Smith, in the
amount of $4,875.00, Dennis Fitzpatrick, in the amount of
$185.00, Sutton & Montoto, in the amount of $1,800.28, Larry
Erskine, in the amount of $1,410.00, John Rotolo, in the amount
of $1,983.25, Charles Milligan, in the amount of $6,195.75,
Manuel Garcia, in the amount of $1,833.75, Laurie Hall, in the
amount of $724.35, Roberta Fine, in the amount of $9,510.85,
Timothy Thomes, in the amount of $1,908.15, Cunningham, Albritton
& Hefferman, in the amount of $350.00, Diane Covan, in the amount
of $2,347.50, Charles Everett, in the amount of $3,090.00.
OTHER EXPENSES, Fisherman's Hospital, in the amount of
$20.00, Smart Corporation, in the amount of $108.77, Witness
LOdging, in the amount of $1,274.62, David Burns Investigations,
in the amount of $180.00.
COURT REPORTERS, Associated Court Reporting, in the
amount of $6,062.75; Florida Keys Reporting, in the amount of
$807.50; Lisa Roeser, $6,482.00; Kathleen Fegers, in the amount
of $1,827.00; Nancy Maleske, in the amount of $1,103.85; Hill
Reporting Service, in the amount of $942.75; Alan Lerine, in the
amount of $60.00; Marshall Bladen, in the amount of $375.00;
Nichols & Hardy, in the amount of $45.00; Dania Alen, in the
amount of $2,250.25; Edmee Prats Court Reporting, in the amount
of $1,862.25, Amy Landry, in the amount of $310.50; Sylvia Evans
Court Reporting, in the amount of $81.20.
EXTRADITION, Richard Roth, in the amount of $11,695.62.
COURT INTERPRETERS, Edelvaiss Fernandez, in the amount
of $25.00; ute Rohe, in the amount of $25.00; Juan Borges, in the
amount of $150.00, Marie Penot, in the amount of $35.00, J. R.
Alayon, in the amount of $670.00, Mayda Maloney, in the amount of
$25.00, Eva Carbone a/k/a Fla. Keys Intern, Serv., in the amount
of $$460.00, Jose Menendez, in the amount of $1,025.00, William
Waddell, in the amount of $335.00.
TRAVEL EXPENSES, Witness Travel, in the amount of
$5,944.00.
EXPERT WITNESS PAYROll, Witness Payroll, in the amount
of $6,450.60.
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$664.04.
REGULAR WITNESS FEES, witness Payroll, in the amount of
WARRANTS
Board approved the following Warrants:
GENERAL REVENUE FUND - TIB BANK (001), #105, in the amount
of $5,000.00
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #109-#112, in the
amount of $55,426.49
SUPPLEMENT TO GENERAL REVENUE FUND (002), #576-#579, in the
amount of $115,207.92
FINE' FORFEITURE FUND (101), #1586-#1594, in the amount of
$2,765,423.26
ROAD AND BRIDGE OPERATING (102), #883-#886, in the amount of
$542,397.38
LAW LIBRARY FUND (103), #485-487, in the amount of $4,540.91
TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #940-#943,
in the amount of $816,620.42
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #208-#210, in
the amount of $1,326.47
MSD TAXING DISTRICTS (145,146,141), #848-#851, in the amount
of $333,251.59
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #528-#531, in
the amount of $30,386.38
UPPER KEYS TRAUMA DISTRICT (144), #273-#276, in the amount
of $14,297.39
PLANNING,BUILDING,' CODE ENFORCEMENT/
PARKS' BEACHES UNINCORPORATED (147,148) #558-#561, in the
amount of $387,693.61
VENETIAN SHORES SPEC RD DIST ,
DUCK KEY SECURITY (149/152), #0090-0092, in the amount of
$530.72
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1049-1052, in
the amount of $63,885.00
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COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #791-#794, in the amount of
$788,316.50
CARD SOUND BRIDGE FUND (401), #598-#601, in the amount of
$49,646.78
AIRPORT OPERATION & MAINTENANCE FUND (403/404), #945-948, in
the amount of $200,275.11
MSD PLEDGED FUNDS (414), #454-#458, in the amount of
$1,497,433.14
WORKERS COMPENSATION FUND (501), #4111-#4115, in the amount
of $107,493.14
GENERAL REVENUE FUND (001), #236184-#238652, in the amount
of $19,379,967.65
MONROE COUNTY GROUP INS FUND (502), #737-#744, in the amount
of $586,997.31
RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504),
#357-#360, in the amount of $301,594.20
FL TRUST FUND (600,601), #1101B-1104, in the amount of
$16,357.12
Board officially approved the BOCC meeting minutes of
April 18 and 19, 1995.
SHERIFF'S DEPARTMENT
The Board granted approval of the following
expenditures from the Law Enforcement Trust Funds in the total
amount of $7,500.00.
Donation to the Board of Florida
Keys Crime stoppers to endorse
"Cash For Guns"
$1,000.00
Purchase of Mitsubishi 180 Photo
printer
1,800.00
Purchase of equipment and games
for the Upper Keys Youth Assoc.
1,500.00
Repair of Vessel assigned to
Special Operations Unit
3,200.00
Motion carried unanimously.
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DIVISION OF GROWTH MANAGEMENT
An Update on Legal Issues was presented by Special
Litigation Council, James T. Hendrick. Mr. Hendrick discussed
the Monroe County v. Matecumbe Marina case. Mr. Hendrick along
with Land Use Attorney Bob Apgar discussed the Property Rights
Bill passed by the Legislature. Mr. Hendrick also discussed the
Marathon Air/FBO litigation.
Mr. Apgar updated the Board on the Monroe County
Comprehensive Plan 2010.
Growth Management Director, Bob Herman discussed the
procedure and order of input for agenda item D2 concerning the
December 1991 Hurricane Evacuation Analysis of the Monroe County
2010 Comprehensive Plan and Dwelling unit Allocation Ordinance
(ROGO) prepared by Post Buckley, Schuh & Jernigan, Inc.; and
agenda item D3 concerning four-laning of the 18-mile stretch.
The following individuals addressed the Board
concerning the December 1991 Hurricane Evacuation Analysis of the
2010 Comprehensive Plan and Dwelling Unit Allocation Ordinance
(ROGO) prepared by Post, Buckley, Schuh & Jernigan, Inc:
Planning Director, Lorenzo Aghemo; Captain Ed Davidson, Richard
Grosso, representing 1000 Friends of Florida; Attorney Bob Apgar,
Jim Mattson, of the Law Firm of Mattson & Tobin; Emergency
Management Director, William Wagner; and Captain Joe Leiter, from
the Monroe County Sheriff's Office.
The following individuals representing the Florida
Department of Transportation made a presentation concerning the
four-laning of the 18 mile stretch: Mike Ciscar, Project
Manager; Barbara Bernier, Environmental Administrator and John
Martinez, Assistant General Counsel.
Charles Pattison, of the Florida Department of
Community Affairs, and Susan Coughanour, Senior Planner,
Regulation Department, also addressed the Board.
PUBLIC INPUT
The following individuals addressed the Board
concerning the four-laning of the 18 mile stretch:
Captain Ed Davidson, Bob Ernst, Richard Grosso,
representing 1000 Friends of Florida; Jim Mattson, of the lawfirm
of Mattson & Tobin; Tom Fouts, Joan R. Mowery, representing the
Gulfstream Shores Homeowners Association; Hal Heim and Dagny
Johnson representing the Upper Keys citizens Association; Scott
Marr, representing the Marina Del Mar Resort; Coman Munroe, Judy
ReviseJ
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Johnson, Gary Howe, Jerry Wilkinson, Alice Allen, Barry
Patterson, Orville Tut, Howard Kramer, Adam Koslofsky, Paula
Morrow, representing Friends of the Key Largo Library; Michael
Collins, representing the Florida Keys Fishing Guides
Association; Charles Causey, representing the Florida Keys
Environmental Fund; Grace Mannillo, Joe C. Harris, Nancy Perez,
George R. Morton, Debra Harrison, representing the Wilderness
Society; H. T. Pontin, Suzette Rice, Walter Carson, Scott Price,
Robert Schneider, representing the Big Pine Key civic Association
and the Key Deer Protection Alliance; Joel Carmel, Richard W.
Lancaster, representing the Hammer Point Homeowners Association;
Barbara Silcox, Thomas Styer, Larry Loughner, Rebecca Huba,
Eugene Shinkevich, representing the Florida Keys citizens
Coalition; Jeanette Green, Howard Gibbs, Michael RUbino, Amy
Knowles, representing the Izaak Walton League and Water Quality
Joint Action Group; Zorano Jordon, Bill Fox, representing the
Islamorada Chamber of Commerce; John Hammerstrom, Tim Wilson, and
Nora Williams. The Clerk read into the record a letter from
former Commissioner A. Earl Cheal.
Planning Director, Lorenzo Aghemo addressed the Board. ~
After Board discussion, Commissioner Douglass addressed the Board
and Public and read into the record a proposed Resolution
concerning and identifying the impacts associated with the
widening of u.s. Highway #1 between Key Largo and Mainland
Florida, and requesting permitting agencies to condition their
permits upon measures to mitigate or eliminate those impacts.
After Board discussion, motion was made by Commissioner London
and seconded by Mayor Freeman to adopt the above proposed
Resolution. Roll call vote was taken with the following results:
commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
RESOLUTION NO. 196-1995
See Res. Book No. 126 which is incorporated herein by reference.
Growth Management Director, Bob Herman requested agenda
item D-4 concerning a request for a variance to permit expiration
under Section l(f) (1) of Ordinance No. 013-1994 for Permit No.
C18325, originally issued on December 30, 1985 to Mr. Ray
Hathaway for a duplex located at Lot 137, Port Largo, Marina
Ave., Key Largo to be postponed to the next Board meeting.
Motion carried unanimously.
Mr. Herman updated the Board on the Norman Higgins
occupational license issue.
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Mr. Hendrick made a progress report to the Board on
short-term rentals.
Motion was made by Mayor Freeman and seconded by
Commissioner Douglass granting approval of the following members
to the Boot Key Harbor Ad Hoc Committee, as amended:
Chair (Votes only to)
break ties)
Keith Douglass
MPAC (non-voting)
Tina Brown
Bill Cullen (Non-voting)
Jim Cuthbert
George Neugent
Marine Facilities
Operators
Boot Key Harbor
boater groups
David Spaulding
Bill Sweeney
Boot Key Harbor
shore residents
Samuel Arutt
Charles Kanter
Commercial Fishing
Interests
Karl Wagner
Peter Worthington
Members of the Greater
Marathon business
community
Bill Cadiz
Russell Teall
Environmentalists/
citizens at large
Duncan Mathewson
Allan MacKinnon
Joan Manges
Bill Botten
Cindy stong
Alternates to the
Committee
Donna Waldrop
Roll call vote was taken with the following results:
Commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
Yes
No
Yes
No
Yes
Motion carried.
Planning Director, Lorenzo Aghemo addressed the Board.
Motion was made by Commissioner London and seconded by
Commissioner Harvey to adopt the following Resolution approving
an Agreement with the Department of Community Affairs pursuant to
95/158
F.S. 380 to provide interim relief to the building restrictions
for single family homes on Big pine Key and authorization for the
Mayor to execute such agreement. Roll call vote was unanimous.
RESOLUTION NO. 197-1995
See Res. Book No. 126 which is incorporated herein by reference.
COUNTY ATTORNEY
Motion was made by Commissioner London and seconded by
Mayor Freeman granting approval to advertise an Ordinance
repealing Chapter 12, Monroe County Code, concerning Occupational
Licenses, etc. Motion carried unanimously.
COUNTY ADMINISTRATOR
County Administrator, James Roberts updated the Board
on the status of the Health Benefit's Program.
Mr. Roberts, County Attorney, Randy Ludacer, and Nora
Williams, representing Keys Entertainment & Advertising, Inc.,
addressed the Board concerning the Keys Entertainment &
Advertising Agreement.
Mr. Roberts gave a report on the Eaton street parking
appraisaL
Mr. Roberts reported on the recognition plaque
presented to Channel 16 from the School Board.
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval and authorizing
execution of a County Attorney Employment Contract between Monroe
County and James T. Hendrick. Roll call vote was taken with the
following results:
Commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
The Board discussed the approval of a policy regarding
Special Board of County Commission meetings in the evenings. No
official action was taken.
Commissioner Harvey discussed retiring Purchasing
Director, Dick Cofer and health benefits provided to him. Motion
95/159
was made by Commissioner Harvey and seconded by Commissioner
Douglass to grant Mr. Cofer health benefits upon his retirement,
with Monroe County paying the costs. Roll call vote was
unanimous.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
~okJ. c.. ~~
Deputy Clerk '