06/25/1991 Regular
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Regular Meeting
Board of County Commissioners
Tuesday, June 25, 1991
Key Largo
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the Monroe County Library in Key Largo. Present and
answering to roll call were Commissioner Earl Cheal,
Commissioner Douglas Jones, Commissioner Jack London,
Commissioner John Stormont, and Mayor Wilhelmina Harvey.
Also present were Danny Kolhage, Clerk; Randy Ludacer,
County Attorney; Tom Brown, County Administrator; County
Staff; members of the Press and Radio; and the general
public.
All stood for the Invocation and Pledge of
Allegiance.
DIVISION OF GROWTH MANAGEMENT
Division Director Bob Herman addressed the Board
regarding the various options for the Planning Department
Application Fee for appeals. Motion was made by
Commissioner London and seconded by Commissioner Jones to
continue with the existing charges, but to add the cost of
-- copying associated with appeals. Roll call vote was unani-
mous.
Motion was then made by Commissioner Jones and
seconded by Commissioner London to adopt the following
Resolution authorizing the Mayor to execute, on behalf of
Monroe County, an Agreement between the Florida Department
of Community Affairs, Monroe County, and Earl and Mary
Dawson concerning Lot 19, Block 19, Plantation Key Colony,
approximately Mile Marker 90, Monroe County. Roll call vote
was unanimous.
RESOLUTION NO. 215-1991
See Res. Book No. 100 which is incorporated herein by
reference.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to postpone and refer to the County
Attorney for analysis and recommendation the matter of a
proposed Resolution reaffirming the Board's approval of the
Planning Commission's Development Order #32-89 which allows
specific additions to Smugglers Inn d/b/a Seaward Motel, Key
Vaca. Roll call vote was taken with the following results:
-
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
No
Motion carried.
Environmental Resources Director George Garrett
addressed the Board concerning the responses to the Request
For Qualifications for an Eutrophication and Trophic
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Structuring in Marine Plant Communities in the Florida Keys
Project. The Board agreed to direction to Staff Committee
to rank the qualified applicants and present their recommen-
dations to the Board. Motion was made by Commissioner
London and seconded by Commissioner Jones to hear presen-
tations from the two most qualified firms, to be allocated
ten minutes each. Roll call vote was unanimous.
The Board discussed a Grant Application to the U.S.
Environmental Protection Agency and the "Draft Scope Of
Work". The Board directed that the following amendments be
made thereto:
Page 2
Rationale:
Line 10 - Place a "period"
after "COE" and delete the
rest of the sentence.
Page 8
Goals and
Objectives: Line 5 - Place a "period"
after the word "guidelines"
and delete the rest of the
sentence.
Motion was then made by Commissioner Jones and seconded by
Commissioner London to adopt the following Resolution
authorizing the submission of a Grant Application to the
U.S. Environmental Protection Agency for program assistance
for environmental wetlands identification and mapping, as
amended above. Roll call vote was unanimous.
RESOLUTION NO. 216-1991
See Res. Book No. 100 which is incorporated herein by
reference.
County Administrator Tom Brown discussed the future
schedule for Land Use Plan meetings. After discussion,
motion was made by Commissioner Cheal and seconded by
Commissioner London that one Special Meeting per month be
held to discuss Planning and Building issues. Roll call
vote was unanimous. Motion was made by Commissioner Cheal
and seconded by Commissioner Stormont to hold the Special
Meetings for Planning, Building and Zoning issues in the
Middle Keys area and that this does not affect any existing
code or policy requirements. Roll call vote was taken with
the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
No
Yes
No
Motion failed. Motion was made by
seconded by Commissioner Jones to
for Planning, Building and Zoning
basis at their normal locations.
with the following results:
Commissioner London and
hold the Special Meetings
issues on a rotational
Roll call vote was taken
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Yes
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Motion carried. The Board then discussed the vacation sche-
dules. Commissioner London indicated he would be gone for
three weeks in August, following the August 8th meeting.
Commissioner Jones indicated he would be out for a Friday
and Monday in August. Commissioner Stormont indicated he
would be gone from July 8th through July 23rd.
.....
COMMISSIONERS' ITEMS
The County Administrator gave an update on the sta-
tus of the proposed Marathon Government Building. During
Board discussion, the following appointments were made to a
review panel to evaluate the potential for cost savings and
reduced economic and environmental impact by purchase of
existing buildings to house County offices in Marathon:
Commissioner Cheal appointed Vern Pokorski; Commissioner
London appointed Marv Schindler; and Mayor Harvey appointed
Bob Ernst. Commissioner Stormont had previously appointed
Betty Vail. Commissioner Jones declined to make an appoint-
ment. Motion was made by Commissioner Cheal and seconded by
Commissioner London to approve the appointments. Roll call
vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
Yes
Motion carried.
-- Commissioner London and Commissioner Stormont
discussed the Board's appointment to the Marine Sanctuary
Advisory Council. No action was taken.
DIVISION OF COMMUNITY SERVICES
Division Director Peter Horton addressed the Board.
Motion was made by Commissioner Jones and seconded by
Commissioner London to approve and authorize execution of
Consent to Assignment of Lease between Marathon Fuel Farm,
Inc. and Aero Services, Inc. concerning FBO Services at the
Marathon Airport, subject to review of business pro forma
and letter of credit from Marathon Aero Services, Inc. Roll
call vote was unanimous.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to authorize negotiations with the law
firm of Frigola, DeVane, Wright, Dorl & Hendrickson for the
collection and foreclosure on Code Enforcement Board liens.
Roll call vote was unanimous.
The Board discussed the Avis Rental Car operation
at the Marathon Airport. Motion was made by Commissioner
Jones and seconded by Mayor Harvey to allow the continuation
-- of the Avis Rental Car operation at the Marathon Airport on
a month-to-month basis. Roll call vote was taken with the
following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
No
Yes
Yes
Yes
Yes
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Motion carried. Motion was then made by Commissioner Jones
and seconded by Commissioner London to advertise a Call For
Bids on the new space at the Marathon Airport for car rental
activities. Roll call vote was unanimous.
Mr. Horton and Ms. Carol Clark of Dames & Moore
addressed the Board. Motion was made by Commissioner Cheal
and seconded by Commissioner London to approve the sub-
mission of a Development of Regional Impact Application for
the Marathon Airport Terminal Complex to the South Florida
Regional Planning Council with clarification of documen-
tation in the Noise portion of the Study and confirm to the
Part 150 Study lately transmitted by the Board to the
Federal Aviation Administration, an accurate depiction of
the present arrival and departure patterns at the Airport,
and a change of the references from Design Group 3 to Design
Group 2. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Maryor Harvey
Yes
Yes
No
Yes
Yes
Motion carried.
COUNTY ADMINISTRATOR
County Administrator Tom Brown discussed the City
of Key West Commission's resolution providing for rezoning
of Jackson Square to facilitate expansion of the Key West
Jail. Jerry Enos of the Sheriff's Department addressed the
Board concerning the siting of the New Jail. After lengthy
Board discussion, motion was made by Commissioner London and
seconded by Commissioner Stormont to approve a two housing
unit buildout with complete buildout of the dormitory areas
at 584 beds at the Stock Island site in an estimated amount
of $25,500,000. During discussion, motion was made by Mayor
Harvey and seconded by Commissioner Jones to amend the
motion to establish as a goal an efficiency ratio of at
least 5 to 1. The amendment was accepted by the maker of
the motion and became part of the original motion. Roll
call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
Motion carried. Motion was made by Commissioner London and
seconded by Commissioner Stormont to authorize the re-
instatement of the bid process that was put on hold pending
the review of the alternate site and to receive the bids.
Roll call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
Motion carried. Motion was made by Commissioner Stormont
and seconded by Commissioner London to authorize Hansen Lind
VV075
Meyer to proceed with the redesign for a down-sized faci-
lity, eliminating one "butterfly". Roll call vote was taken
with the following results:
--
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
PUBLIC HEARINGS
Randy Ludacer, County Attorney, read a statement
concerning the need for a transcript as per the Florida
Statutes.
--
A Public Hearing was held on a proposed Ordinance
amending Sec. 13-8, Monroe County Code, in order to prohibit
any person from remaining at or in any County beach or park
in the Unincorporated Area of Monroe County from 11:00 P.M.
until 7:00 A.M., excepting Harry Harris Park, and providing
that the County Commission may waive such prohibition on a
per event basis; amending Sec. 13-9, Monroe County Code, in
order to provide the terms and conditions whereby the County
Commission may waive the prohibition on the consumption of
alcoholic beverages at or in any park in the Unincorporated
Area of Monroe County and providing a definition of alcoho-
lic beverage; providing penalties for violations thereof;
providing for severability; providing for repeal of all
Ordinances inconsistent herewith; providing for incor-
poration into the Monroe County Code; and providing an
effective date. Proof of publication was entered into the
record. Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to read by title only. Motion carried
unanimously. The County Attorney read by title only. There
was no public input. Motion was made by Commissioner
Stormont and seconded by Commissioner Cheal to adopt the
following Ordinance with the amendment of Sec. l3-9(c) to
change the word "weight" to the word "volume". Roll call
vote was unanimous.
ORDINANCE NO. 014-1991
See Ord. Book No. 26 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
describing The Pines County Park in Key West, Florida;
defining alcoholic beverage; prohibiting the possession of
alcoholic beverags at The Pines County Park and providing
for the waiver of such prohibitions by the County Commission
if certain conditions are met; providing that no fire shall
be lighted except in County-provided grills; providing that
The Pines County Park shall be closed from 11:00 PM until
7:00 AM; providing for penalties for violations thereof;
providing for severability; providing for repeal of all
Ordinances inconsistent herewith; providing for incor-
-- poration into the Monroe County Code; and providing an
effective date. Proof of publication was entered into the
record. Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to read by title only. Motion carried una-
nimously. The County Attorney read by title only. There
was no public input. Motion was made by Commissioner Jones
and seconded by Commissioner Cheal to adopt the following
Ordinance with the amendment of Section l(b) to change the
word "weight" to the word "volume". Roll call vote was una-
nimous.
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ORDINANCE NO. 015-1991
See Ord. Book No. 26 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
describing Higgs Beach County Park in Key West, Florida;
defining alcoholic beverage; prohibiting the possession of
alcoholic beverages at Higgs Beach County Park and providing
for the waiver of such prohibitions by the County Commission
if certain conditions are met; providing that the restroom
facilities at Higgs Beach County Park shall be closed from
Sunset until 7:00 AM; providing that no fire shall be
lighted except in County-provided grills; providing that
Higgs Beach County Park shall be closed from 11:00 PM until
7:00 AM except for persons traveling on Atlantic Boulevard;
providing for penalties for violations thereof; providing
for severability; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code; and providing an effective date. Proof
of publication was entered into the record. Motion was made
by Commissioner Cheal and seconded by Mayor Harvey to read
by title only. Motion carried unanimously. The County
Attorney read by title only. There was no public input.
Motion was made by Commissioner Jones and seconded by
Commissioner Cheal to adopt the following Ordinance with the
amendment of Section l(b) to change the word "weight" to the
word "volume". Roll call vote was unanimous.
ORDINANCE NO. 016-1991
See Ord. Book No. 26 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
creating the Monroe County Marine Resources and Public
Works Municipal Service Taxing Unit (District) covering all
of Unincorporated Monroe County, Florida; providing for
District purposes which include, but are not limited to,
coordination of Federal, State and Local marine resource,
marine protection, marine improvement, derelict vessel,
public education, and boating recreational programs within
the territorial jurisdiction of Monroe County; providing for
administration of the Marine Resources Taxing District; pro-
viding for a Marine Resources Advisory Council; providing
that the Monroe County Board of County Commissioners shall
be the District governing body; providing for District
powers which include, but are not limited to, the
employment of personnel and contractors to carry out
District purposes, borrowing of funds as provided by general
law, the imposition of an ad valorem tax not to exceed one
mill on all non-exempt real and tangible personal property
in the District to carry out District purposes, and to apply
for and administer any grants available to carry out
District purposes; providing that the Clerk of the Circuit
Court shall be ex officio Clerk to the District; providing
for the expenditure of District funds for District purposes;
providing for the payment of expenses incurred in the
creation of the District; providing for the establishment
of a Marine Resources Division within Monroe County
Government; providing for the establishment of a Marine
Resources Advisory Committee; providing that creation of the
District shall not be construed to impair any existing
contract or obligations of contract; providing for severabi-
lity; providing for incorporation into the Monroe County
Code of Ordinances; providing for the repeal of all
Ordinances inconsistent herewith; and providing an effective
date. Proof of publication was entered into the record.
Motion was made by Commissioner Cheal and seconded by Mayor
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Harvey to read by title only. Motion carried unanimously.
The County Attorney read by title only. The following indi-
viduals addressed the Board: Betty Vail, Pam Martin, George
Schroeder. Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to consider at this time the
proposed amended Ordinance. Roll call vote was unanimous.
The following individuals addressed the Board: Peter Ryan
of the Marine and Port Advisory Committee, Henry Fetter,
Vern Pokorski of the Florida Keys Citizens Association,
Alan Farago, Al Griffin, Svenn Lindskold, Deevon Quirolo,
Debbie Harrison. Motion was made by Commissioner Cheal and
seconded by Commissioner Jones to amend Section 5 by adding
a representative of the dive interests, a representative
from County-wide citizens' organizations, and a represen-
tative from artists' organizations. Motion was made by
Commissioner Jones to amend the Ordinance to authorize up to
one mill levy. Motion died for lack of a second.
Commissioner Cheal added to his motion to amend the calling
for staggered terms to be determined by a drawing at the
first meeting of the committee. Roll call vote on the
motion to amend was unanimous. Motion was made by
Commissioner Stormont and seconded by Commissioner Cheal to
adopt as amended and also to add a section which will
require review under sunset provisions at the end of three
years. Roll call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
No
Yes
No
Motion failed. Motion was then made by Commissioner London
and seconded by Mayor Harvey to direct the County
Administrator to examine the possibility of using personnel
of the Growth Management Division to handle the duties as
outlined in the proposed Ordinance and report back to the
Board. Roll call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Yes
Motion carried.
A Public Hearing was held on a proposed Ordinance
amending Section 13-11, Monroe County Code, pertaining to
the regulation of sale of detergents, by amending
Subsection 2(b) concerning general prohibitions, and by
amending Subsection (3) concerning exemption from the
general prohibitions; providing for severability; providing
for repeal of all Ordinances inconsistent herewith; pro-
viding for incorporation into the Monroe County Code of
Ordinances; and providing an effective date. Proof of
publication was entered into the record. Motion was made by
-- Mayor Harvey and seconded by Commissioner Jones to read by
title only. Motion carried unanimously. The County
Attorney read by title only. Motion was made by Mayor
Harvey to postpone. Motion died for lack of a second.
Lucien Proby and William Sublett, attorneys representing the
Soap Industry, addressed the Board. Assistant County
Attorney Joe Kelinson addressed the Board. Motion was made
by Commissioner Jones and seconded by Commissioner London to
postpone to the July 16th meeting at Key Colony Beach City
Hall at 3:00 p.m. Roll call vote was taken with the
VV078
following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
No
Yes
Yes
No
Yes
Motion carried.
A Public Hearing was held on a proposed Ordinance
further amending Sec. 6-42, Monroe County Code, as amended
by Ordinances No. 019-1990 and 031-1990, in order to elimi-
nate the waiver of building permit fees for any non-profit
organization, including the volunteer fire and emergency
medical service departments, and for those persons who
devote their property to occasional public uses; providing
for severability; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code; and providing an effective date. Proof
of publication was entered into the record. Motion was made
by Commissioner Cheal and seconded by Commissioner Jones to
read by title only. Motion carried unanimously. The County
Attorney read by title only. Frank Palmer addressed the
Board. Motion was made by Commissioner Stormont and
seconded by Commissioner London to insert fire departments
and volunteer emergency medical departments into the list of
exemptions. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
Yes
Motion carried. Motion was then made by Commissioner Cheal
and seconded by Commissioner Stormont to adopt the following
Ordinance as amended. Roll call vote was taken with the
following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
Motion carried.
ORDINANCE NO. 017-1991
See Ord. Book No. 26 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
providing for the addition of Subsection (D) to Section 6-85
of the Monroe County Code; said Subsection shall provide for
the removal of a member of the Contractor's Examining Board
for excessive absenteeism; providing for severability; pro-
viding for repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code; and
providing an effective date. Proof of publication was
entered into the record. Motion was made by Commissioner
Cheal and seconded by Mayor Harvey to read by title only.
Motion carried unanimously. The County Attorney read by
title only. There was no public input. Motion was made by
Commissioner Stormont and seconded by Commissioner Cheal to
adopt the following Ordinance. George Aladro, Chairman of
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the Contractor's Licensing Board, addressed the Commission.
Roll call vote was unanimous.
ORDINANCE NO. 018-1991
See Ord. Book No. 26 which is incorporated herein by
reference.
--
A Public Hearing was held on a proposed Ordinance
in order to provide that advance registrations for Trade
Shows for Fiscal Year 1992 be paid from Tourist Development
Council funds in Fiscal Year 1991; providing for severabili-
ty; providing for repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County
Code; and providing an effective date. Proof of publication
was entered into the record. Motion was made by
Commissioner Cheal and seconded by Commissioner Jones to
read by title only. Motion carried unanimously. The County
Attorney read by title only. There was no public input.
Motion was made by Commissioner Jones and seconded by
Commissioner London to adopt the following Ordinance. Roll
call vote was unanimous.
ORDINANCE NO. 019-1991
See Ord. Book No. 26 which is incorporated herein by
reference.
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals and considered the Administrative Appeal on
behalf of Floy and Alice Melton appealing Planning
Commission Resolution 23-89 which Resolution rescinded
Building Permit 89-3-2069 which was issued to the Meltons on
9/5/89, allowing the construction of a dock on property in
Key Largo. Ty Symroski addressed the Board. Motion was
made by Commissioner Jones and seconded by Commissioner
Cheal to return this item to the Planning Commission to pre-
pare a Resolution in accordance with Section 9.5-47, to be
returned to the Board as soon as possible at a Key Largo
meeting with a full Commission. Attorneys Mattson and Horan
addressed the Board. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
regulating development in the Unincorporated Areas of the
County for an interim period in order to allow the County
sufficient time to complete revisions to its Comprehensive
Plan and Land Development Regulations; providing a purpose
and intent; providing findings; providing definitions; pro-
viding for applicability; providing the scope of the interim
regulations; providing a procedure and criteria for develop-
ment approval during the interim period; providing for
appeals; providing for expiration of building permits; pro-
viding for variances; providing for the effect of the
-- Ordinance on existing County Plans, Regulations and
Ordinances; providing for severability; and providing for an
effective date. Proof of publication was entered into the
record. Motion was made by Commissioner Jones and seconded
by Mayor Harvey to read by title only. Motion carried una-
nimously. The County Attorney read by title only. The
following individuals addressed the Board: George Aladro,
Robert Westlund, Fred Tittle, Al Beattie, James S. Mattson,
Joe Bell, Andrew Tobin, Eddy Cerra, Bill Smith, Michael
Chenoweth, Svenn Lindskold, W. B. Sculthorpe, Bob Stracener,
vv 080
Yvonne Harper, George DeCarion, Frank Palmer, Richard
Nelson, Cherry McDaniel, Brown Link, Herman Riley Stein,
Pauline Klein, Wayne Hoffman, Irene Bell, Robert Gilbrand,
Jr., Freddy Castro, George Pacho, Wayne Young, Nancy Baxter,
Mike Barr, Walter Carson, Dagny Johnson. Motion was made by
Commissioner London and seconded by Mayor Harvey to continue
to the Public Hearing scheduled for July 2nd at Key Colony
Beach City Hall. Roll call vote was taken with the
following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
Yes
Motion carried.
A Public Hearing was held to consider a Budget
Amendment for Fund #305 - 1990 Bond Anticipation Note for
Fiscal Year 1991. Proof of publication was entered into the
record. There was no public input. Motion was made by
Commissioner Jones and seconded by Commissioner London to
adopt the following Resolution to amend the 1990 Bond
Anticipation Note Fund #305. Roll call vote was unanimous.
RESOLUTION NO. 217-1991
See Res. Book No. 100 which is-Incorporated herein by
reference.
A Public Hearing was held to consider a Budget
Amendment for the Tourist Development Council budgets in
Fund #107, #108, #109, #110, #111, #116, #117, #118, #119,
#120 and #121 for Fiscal Year 1991. Proof of publication
was entered into the record. There was no public input.
Motion was made by Commissioner Jones and seconded by Mayor
Harvey to reject this proposed Amendment due to a defective
advertisement. Roll call vote was unanimous.
There being no further business, the meeting was
adjourned.
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