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06/21/1995 Regular 95/160 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, June 21, 1995 Key Largo Library A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 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; Randy Ludacer, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Harvey and seconded by Commissioner London granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Section 3-8, Monroe County Code in order to clarify that animals impounded by the County may not be destroyed or adopted out during the initial five (5) working days of impoundment, Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code; and providing an effective date. There was no pubic input. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 018A-1995 See Ord. Book No. 33 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Ordinance No. 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; Providing for definitions; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code; and providing an 95/161 effective date. Bob Gillam and Nick Samar addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Ordinance and refer it to the Marine and Port Advisory Committee for further review. Roll call vote was unanimous. ORDINANCE NO. 019-1995 See Ord. Book No. 33 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Ordinance No. 031-1987 to return funds erroneously assessed from property owners on George Street of Cross Key Waterway Estates; and to transfer the remaining funds in the Cross Key Waterway Estates Municipal Service Taxing unit account to the Key Largo Volunteer Fire Department; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code; and providing an effective date. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner London to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 020-1995 See Ord. Book No. 33 which is incorporated herein by reference. County Attorney, Randy Ludacer, discussed the practice of reading in the record the title of Ordinances prior to public hearings and indicated that there was no legal requirement to do so. A Public Hearing was held concerning the adoption of an Ordinance repealing Chapter 12, Monroe County Code, concerning Occupational Licenses; Establishing a new Occupational Tax structure, etc. Harry F. Knight, Tax Collector, and Joe Bell addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Reich to continue with the Public Hearing to the next regularly scheduled Board meeting. Motion carried unanimously. BULK APPROVALS/CONSENT AGENDA Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of the following items by unanimous consent: Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Department of Transportation to provide $100,000.00 in grant money for transportation planning studies and services. Board adopted the following Resolution amending 95/162 Resolution No. 134-1995, adopted on April 18, 1995, which approved the plat vacation of Enchanted Island as described in Plat Book six, Page eighty-nine, Key Haven, located in a part of Section 25, Township 67 South, Range 25 East, Tallahassee Meridian, Monroe County, Florida, mile marker 6 and the real estate number is 0014135. RESOLUTION NO. 198-1995 See Res. Book No. 126 which is incorporated herein by reference. Board granted approval of a Restricted Covenant, submitted by Dean & Karen Guzick for building permit application number 95-3-83; the properties to be dedicated are Lot 1, Block 7, also described as Lot 1, Square 7, Palma Sola, Real Estate No. 00443870. The Dedication of Land has been filed by the applicant for the 3rd quarter allocation ending on April 13, 1995, under the requirements of the Dwelling unit Allocation Text Amendment (Ordinance No. 016-1992). Board granted approval of a Restricted Covenant, submitted by Ernest Cancio for building permit application number 95-1-384; the document restricts the property owner to having only one dwelling unit on two contiguous lots. The Restrictive Covenant for combining contiguous lots have been filed by the applicant for the 3rd quarter, 3rd year allocation ending on April 13, 1995, under the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance No., 016-1992). Board granted approval of a Restricted Covenant, submitted by Bruce MacKinnon for building permit application number 95-3-423; the document restricts the property owner to having only one dwelling unit on two contiguous lots. The Restrictive Covenant for combining contiguous lots have been filed by the applicant for the 3rd quarter, 3rd year allocation ending on April 13, 1995, under the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance 016-1992). Board granted approval of a Restricted Covenant, submitted by Werner & Micheline Maeckelburg for building permit application number 95-1-590; the document restricts the property owner to having only one dwelling unit on two contiguous lots. The Restrictive Covenant for combining contiguous lots have been filed by the applicant for the 4th quarter, 3rd year allocation ending on July 13, 1995, under the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance 016-1992). Board granted approval of a Restricted Covenant, submitted by Charles & Suzanne stitzel for building permit application number 95-1-139; the document restricts the property owner to having only one dwelling unit on two contiguous lots. The Restrictive Covenant for combining contiguous lots have been filed by the applicant for the 3rd quarter, 3rd year allocation 95/163 ending on April 13, 1995, under the requirements of the Dwelling unit Allocation Text Amendment (Ordinance 016-1992). Board granted approval of a Restricted Covenant, submitted by Andrew Turek for building permit application number 95-3-615; the document restricts the property owner to having only one dwelling unit on two contiguous lots. The Restrictive Covenant for combining contiguous lots have been filed by the applicant for the 3rd quarter, 3rd year allocation ending on April 13, 1995, under the requirements of the Dwelling unit Allocation Text Amendment (Ordinance 016-1992). Board granted approval of an Affordable Housing Deed Restriction, submitted by Paul & Gloria Crum and Peter Hendry. The Deed Restriction for Affordable Housing 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 Use Development Regulations. Board granted approval of an Affordable Housing Deed Restriction, submitted by Miguel & Esther Pozo. The Deed Restriction for Affordable Housing 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 Use Development Regulations. Board adopted the following Resolution confirming the Administrative Boundary interpretation of the Planning Director in Land Use District Map Boundary interpretation Number 98, Parcel B, paraiso Estates, Vaca Key, Monroe County, Florida, approximately mile marker 51. RESOLUTION NO. 199-1995 See Res. Book No. 126 which is incorporated herein by reference. Board granted approval of a variance to the Flood Hazard Ordinance of John Caldwell for placement of a limited bath facility below the base flood elevation. Board granted approval of a Flood Variance Application of Louis H. & Terry Ridgeway for a detached 1896 square foot garage enclosure below base flood elevation located on pt of tract B Cahill Pines & Palms, Big pine Key. Board granted approval of a Flood Variance Application of Upper Keys Sailing Club, Inc. for a detached 825 square foot boat storage enclosure below base flood elevation located on Lots 6, 7 & 8, B1 2, Point Pleasant, Key Largo. Board granted approval to advertise a proposed "Idle Speed/No Wake Zone" ordinance for Marvin D. Adams Waterway, Key Largo. 95/164 Board granted approval to place channel markers along a dredged channel leading from Tropical Reef Motel out to deeper water in Hawks Channel. Board granted approval to place channel markers from the end of a residential canal between 97th and 98th streets, Marathon, out to deeper water in Hawks Channel. Board granted approval to place channel markers at the entrance to and within Bonefish Bay. COMMISSIONERS' ITEMS Board granted approval of Mayor Freeman's appointment of A. D. Tinkham to fulfill the term of Robert Cornell on the Marine & Port Advisory Committee. Board granted approval of Mayor Freeman's appointment of Theresa Axford to fulfill the term of Bill Dalton to the Sesquicentennial Coordinating Committee. Board granted approval to advertise a Public Hearing on an Ordinance amending Section 11-7, Monroe County Code providing for regulation of storage facilities used by towing operators. Board adopted the following Resolution in recognition of the Late Richard Leslie Divoll. RESOLUTION NO. 200-1995 See Res. Book No. 126 which is incorporated herein by reference. Board adopted the following Resolution endorsing the presence of the Florida Highway Patrol in the Florida Keys and requesting the Florida Legislature to maintain said presence. RESOLUTION NO. 201-1995 See Res. Book No. 126 which is incorporated herein by reference. Board adopted the following Resolution calling upon the United States Congress to continue funding for the Americorps, National Civilian Community Corps Program. RESOLUTION NO. 202-1995 See Res. Book No. 126 which is incorporated herein by reference. Board granted approval of a bouquet for the Chairman of the Beach Advisory Committee for volunteer work on the committee for the last ten (10) years. Board granted approval of Commissioner London's appointment of Samuel A. Arutt to the Marine & Port Advisory 95/165 Board. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to establish a policy that travel to National Association of Counties and Florida Association of Counties meetings by County Commissioners will not require prior Board approval. Motion carried unanimously. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY , PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici, in the amount of $1,600.00; Leslie Morgan, in the amount of $1,150.00; Guidance Clinic of the Middle Keys, in the amount of $1,000.00, and Care Center for Mental Health, in the amount of $1,500.00, Deborah Harrison, in the amount of 900.00;David Nathanson, in the amount of $750.00; Bruce Hirshman, D.O., in the amount of $200.00. COURT APPOINTED ATTORNEY'S, Wayne Kruer, in the amount of $505.00; Jeffrey B. Meyer, in the amount of $3,213.75; Timothy Thomes, in the amount of $700.00; Jason Smith, in the amount of $350.00; Marci Rose, in the amount of $420.00; Larry Erskine, in the amount of $907.50; William Kuypers, in the amount of $1,286.25; John Rotolo, in the amount of $2,168.50; Charles Milligan, in the amount of $11,636.75; Manuel Garcia, in the amount of $11,616.25; Roberta S. Fine, in the amount of $7,631.37; Diane M. McGuire, in the amount of $2,714.90; Diane Curtis-Reif, in the amount of $373.00. OTHER EXPENSES, Louis Spallone, in the amount of $4,250.00; witness Lodging, in the amount of $400.40; State of Florida - Tax Cost, in the amount of $2,129.71; David Burns Investigations, in the amount of $325.00; Avant - Guard Investigations Services, in the amount of $168.75. COURT REPORTERS, Associated Court Reporting, in the amount of $6,071.50; Florida Keys Reporting, in the amount of $690.00; Lisa Roeser, $2,789.75; Soon Schunot, in the amount of $500.00; Kathleen Fegers, in the amount of $777.75; Nancy Maleski, in the amount of $1,436.85; Amy Landry, in the amount of $1,188.50; Hill Reporting Service, in the amount of $1,453.50; Edmee' Prat, in the amount of $2,860.25; Accredited Court Reporters, in the amount of $1,373,00; A. William Roberts, Jr. & Associates, in the amount of $1,954.35; Katherine Nolen, in the 95/166 amount of $200.00; McMiller Reporting Service, in the amount of $176.40; Sandra Johnson, in the amount of $407.00; Haber Shaw, in the amount of $463.75; Alan Productions, in the amount of $100.00; Morgillo & Flynn, in the amount of $321.97. EXTRADITION, Richard Roth, in the amount of $1,805.20. COURT INTERPRETERS, Eduardo Silva, in the amount of $295.00; J. R. Alayon; in the amount of $465.00; Florida Keys Interpreters, in the amount of $585.00; Eva Carbone, in the amount of $25.00; Jose Menendez, in the amount of $1,280.00; Marlene Miller, in the amount of $50.00; William Waddell, in the amount of $640.00; Berta Green, in the amount of $550.00; Julia Seward, Rev., in the amount of $75.00; Oscar Villegas, in the amount of $75.00; Juan Borges, in the amount of $285.00; Ada A. Johnson, in the amount of $469.70; Nance Frank/Languages Services, in the amount of $70.00; Beate Pirchmoser d/b/a Bi Lingual Secretary, in the amount of $600.00; Edelvaiss Fernandez, in the amount of $25.00. TRAVEL EXPENSES, Witness Travel, in the amount of $2,446.50. $635.34. REGULAR WITNESS FEES, witness Payroll, in the amount of WARRANTS Board approved the following Warrants: COMMUNITY DEVELOPMENT BLOCK GRANT (100), #113-#118, in the amount of $152,249.88 SUPPLEMENT TO GENERAL REVENUE FUND (002), #580-#584, in the amount of $108,657.97 FINE' FORFEITURE FUND (101), #1595-#1611, in the amount of $2,469,759.90 ROAD AND BRIDGE OPERATING (102), #887-#898, in the amount of $405,298.60 $1,373.67 LAW LIBRARY FUND (103), #488-491, in the amount of TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #944- #949, in the amount of $391,742.55 FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #211, in the amount of $892.26 95/167 MSD TAXING DISTRICTS (145,146,141), #852-#856, in the amount of $372,141.63 TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #532-#535, in the amount of $35,780.73 UPPER KEYS TRAUMA DISTRICT (144), #277-#281, in the amount of $51,879.31. PLANNING,BUILDING,' CODE ENFORCEMENT/ PARKS' BEACHES UNINCORPORATED (147,148) #562-#568, in the amount of $616,663.35 VENETIAN SHORES SPEC RD DIST , DUCK KEY SECURITY (149/152), #0093-0095, in the amount of $12,841.86 MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1053-1056, in the amount of $50,701.41 COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304), #795-#801, in the amount of $993,446.29 SALES TAX BOND ANTICIPATION NOTE (305), #0093-#0095 in the amount of $12,815.71 CARD SOUND BRIDGE FUND (401), #602-#607, in the amount of $31,675.12 AIRPORT OPERATION' MAINTENANCE FUND (403/404), #949- 955, in the amount of $453,052.40 MSD PLEDGED FUNDS (414), #459-#464, in the amount of $1,096,658.79 WORKERS COMPENSATION FUND (501), #4116-#4300, in the amount of $53,870.92 GENERAL REVENUE FUND (001), #238653-#240384, in the amount of $13,192,928.04 MONROE COUNTY GROUP INS FUND (502), #745-#752, in the amount of $461,685.83 RISK MANAGEMENT' FLEET MANAGEMENT FUND (503/504), #361-#365, in the amount of $416,960.93 FL TRUST FUND (600,601), #1105-1106, in the amount of $16,380.95 Board officially approved BOCC meeting minutes of May 95/168 16 and 17, 1995. SHERIFF'S DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund in the total amount of $42,185.50: Donation to the Russell Sullivan Trust Fund of the Florida Keys Educational Foundation, Inc. $ 5,000.00 Acquisition of three ProLaser II laser speed guns. 13,183.50 Acquisition of three unitel 225 concealed microphone radio transmitter kits 22,737.00 Purchase of 100 "Drug Free Park Zone" signs 1,265.00 COUNTY ATTORNEY Board adopted the following Resolution setting the date, time and place hearing concerning the proposed abandonment of a portion of an alley in Key Colony Subdivision No.1, Plat Book 3, Page 107, Marathon, Monroe County, Florida. RESOLUTION NO. 203-1995 See Res. Book No. 126 which is incorporated herein by reference. Motion carried unanimously. GROWTH MANAGEMENT DIVISION Lorenzo Aghemo, Planning Director, advised the Board that Secretary Shelly of the Department of Community Affairs would be presenting to the Board a facsimile of a check for the state's match for the purchase of ROGO lands. Mr. Aghemo discussed the 18-mile stretch and discussions with the Army Corps of Engineers. Mr. Aghemo also advised the Board of his resignation. Development Review Coordinator, Antonia Gerli introduced consultants of the firms that will make presentations to prepare the County-Wide Bicycle and Pedestrian Plan; Barton- Aschman, Herbert & Halback, and Sprinkle consulting Engineers. Following the presentations, the Board proceeded to ballot on the 95/169 firms with the number one selected firm receiving a number one vote and the firm receiving the lowest point total being selected, with the following results: Douglass Harvey London Reich Freeman Total Barton-Aschman 2 1 1 2 2 8 Herbert & Halback 1 2 3 3 3 12 Sprinkle 3 3 2 1 1 10 Motion was made by Commissioner London and seconded by Commissioner Harvey to authorize Staff to negotiate with the firm of Barton-Aschman to prepare the County-Wide Bicycle and Pedestrian Plan. Motion carried unanimously. MISCELLANEOUS Duncan Mathewson of the Parks & Recreation Board, Tom Wright, Dan Kraish, Henry Hamilton, David Spitznagel, Steve Diaz, Mitch Anderson and Lawrence Johnson addressed the Board concerning the progress on parks and planning for the Marr property. Motion was made by Commissioner Harvey to add two members to the Parks & Recreation Board to serve in an unofficial capacity. Motion died for lack of a second. COMMISSIONERS' ITEMS Marlene Weeks, of the Key Largo Parents Student Organization, addressed the Board concerning a fence for Key Largo Elementary School. This matter was referred to the County Administrator. Motion was made by Commissioner Harvey to expedite a minor conditional use permit and waive the fee to place an eight foot fence around the existing Youth Club on South Roosevelt Boulevard in Key West. During discussion, the motion was withdrawn. MISCELLANEOUS Motion was made by commissioner Reich and seconded by Commissioner London to adopt the following Resolution naming the park located at Lots 15 through 21, Block 4, Industrial Acres, and Lots 31 and 32, Hibiscus Park SUbdivision, Key Largo, "Friendship Park" and naming the ball field in the park "Newport 95/170 Field" pursuant to the recommendation of the Parks and Recreation Advisory Board. Motion carried unanimously. RESOLUTION NO. 204-1995 See Res. Book No. 126 which is incorporated herein by reference. Peter Joyce addressed the Board concerning a recommendation by the Parks and Recreation Advisory Board that the Board of County Commissioners request the County Administrator to assign responsibility to a County employee for the scheduling of all park facilities, particularly atheltic facilities, for both league play and special groups, and to post schedules of use of facilities and playing fields in each park monthly. This matter was referred to Staff for analysis. COUNTY ADMINISTRATOR Motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting approval of bid for maintenance of Bernstein Park to the Division of Public Works. Public Works Director, Dent Pierce, addressed the Board. Roll call vote was unanimous. Michael Clevinger of the Rural Health Network of Monroe County, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval for the County to participate in the Rural Health Network. Curt Blair of the Health Council of South Florida, Joan Hutchinson of the State Transportation Disadvantaged Commission, Social Services Director, Louis LaTorre, and County Administrator, James Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Mayor Freeman to approve the concept of a designation of the County as the CTC and authorize Staff to negotiate a contract. During discussion, the motion was withdrawn. Motion was made by Commissioner London and seconded by Commissioner Douglass to continue this matter to the next Board meeting. During discussion, the motion was withdrawn. Motion was then made by Commissioner London and seconded by Commissioner Harvey to approve the item in concept, subject to review by the County Attorney. Roll call vote was unanimous. GROWTH MANAGEMENT DIVISION Linda Shelly, Secretary of the Department of Community Affairs, presented to the Board a check in the amount of $3,677,987.00 for the State's match for the purchase of ROGO lands. 95/171 SOUNDING BOARD Joyce Newman addressed the Board concerning a new community education project - Florida Keys Discovery. COMMISSIONERS' ITEMS DeeVon Quirolo and Paul Johnson addressed the Board. Motion was made by Mayor Freeman and seconded by Commissioner Douglass to adopt the following Resolution in support of proposed amendments to the state of Florida, Department of Environmental Protection Regulations requiring underground injection wells in the Florida Keys to demonstrate compliance with surface water quality standards. Motion carried unanimously. RESOLUTION NO. 205-1995 See Res. Book No. 126 which is incorporated herein by reference. GROWTH MANAGEMENT DIVISION Mrs. Hathaway and Development Review Coordinator, Antonia Gerli addressed the Board concerning the Hathaway's 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, Marina Avenue, Key Largo. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to approve the variance for Permit No. C18325; the next required inspection be set for 120 days based upon the inability of the owner to compete in an equitable manner with homes designed under the established criteria under ROGO. Fred Nickerson addressed the Board. Roll call vote was taken with the following results: commissioner Douglass No Commissioner Harvey Yes Commissioner London No Commissioner Reich Yes Mayor Freeman No Motion failed. Jenny Stones, representing Ramon Fernandez, addressed the Board concerning Mr. Fernandez's application for a variance to the Flood Hazard Ordinance for a single family home placed below the required elevation. FEMA coordinator, Diane Bair, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass to deny the above request. Roll call vote was unanimous. 95/172 commissioner Harvey discussed the following items: 1) request for the Board to appoint Scott Marr, Dagny Johnson and Mike collins, residents of the Upper Keys, to attend a meeting in Tallahassee discussing "Memorandum of Understanding" on the four laning of the 18 mile stretch; and 2) costs associated with this be paid by the county. Commissioner Harvey indicated that she was amending the matter by withdrawing part 2. Motion was made by Commissioner Harvey and seconded by Commissioner London to appoint Scott Marr, Dagny Johnson and Mike Collins as volunteer citizens and observers to the County's Memorandum of Understanding Draft Team and authorizing them to attend meetings concerning the proposed Memorandum of Understanding. Joel Carmel addressed the Board. Roll call vote was unanimous. Because of time restraints, the following items were continued to the June 22, 1995 meeting: Agenda item F-1a) Report on National Association of Counties Awards Agenda item F-4 Adoption of a Resolution to authorize the County Administrator to review the Navy properties that will be excessed in order to determine their value to Monroe County. Agenda item H-3 Appoint three voting delegates and alternates for National Association of Counties Conference on July 21- 25, 1995, Appoint one delegate to pick up credentials. Agenda item H-10 Discussion of Florida Association of Counties Board of Directors meeting in Tampa, June 2, 1995. Agenda item H-16 Discussion concerning the establishment of a budget of $1,000.00 for the Sesquicentennial Commission. Agenda item H-17 Update on the Norman Higgins Occupational License issue. Agenda item H-18 Discussion concerning the Florida Keys National Marine Sanctuary Draft Plan. Agenda item H-19 Appointment to the Monroe County Arts Council. 95/173 Agenda item D-1a) Update on legal issues - James T. Hendrick, County Attorney. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ~o.L..L C. C:w~ Deputy Clerk