10/06/1992 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
92/332
Regular Meeting
Board of County Commissioners
Tuesday, October 6, 1992
Key Colony Beach
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 1:00 p.m. on the above date at the City
Hall in Key Colony Beach. Present and answering to roll call
were Commissioner Earl Cheal, Commissioner Douglas Jones,
Commissioner Jack London, and Commissioner John Stormont. Mayor
Wilhelmina Harvey entered the meeting later in the day. 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.
Commissioner Jack London assumed the Chair and acted as
Mayor Pro Tem.
COUNTY ADMINISTRATOR
Discussion concerning Mariners Hospital's new
construction proposals was deleted.
DIVISION OF GROWTH MANAGEMENT
Division Director Bob Herman addressed the Board.
Motion was made by Commissioner Stormont and seconded by
Commissioner Cheal to approve the revised meeting schedule
related to Comprehensive Plan, LDR's, Concurrency Management,
Impact Fees, Dwelling Unit Allocation Ordinance, etc. as amended.
Roll call vote was taken with the following results:
92/333
Commissioner Cheal Yes
Commissioner Jones No
Commissioner Stormont Yes
Mayor Pro Tem London Yes
Motion carried. (See Exhibit A attached hereto and made a part
hereof.)
Pat McNeese, Director of the Environmental Resources
Department, addressed the Board regarding the selection of a
qualified biologist to perform professional biological services
under the existing Advance Identification of Wetlands (ADID)
grant contract between Monroe County and the U. S. Environmental
Protection Agency (EPA). From a highest possible cumulative
score of 225, the point scores assigned by the committee were as
follows:
Curtis Kruer 220
Dames & Moore 176
Post, Buckley, Schuh & Jernigan 151
Environmental Management Services 80
Andy Hooten 72
The Land Planning Group, Inc. 50
Herb Pontin and Andy Tobin also addressed the Board. Motion was
made by Commissioner Stormont and seconded by Mayor Pro Tem
London to forward the recommendation of the screening committee
for their hiring of the contractor. During discussion, the
second was withdrawn and the motion died for lack of a second.
Motion was then made by Commissioner Jones and seconded by Mayor
Pro Tem London to approve Dames & Moore. Roll call vote was
taken with the following results:
Commissioner Cheal No
Commissioner Jones Yes
Commissioner Stormont No
Mayor Pro Tem London Yes
Motion failed. Motion was made by Commissioner Cheal and
seconded by Commissioner Stormont to approve Curtis Kruer, the
recommendation of the screening committee. Roll call vote was
taken with the following results:
Commissioner Cheal Yes
Commissioner Jones No
Commissioner Stormont Yes
Mayor Pro Tem London No
Motion failed. Motion was then made by Commissioner Cheal and
seconded by Mayor Pro Tem London to continue to the October 7th
meeting. Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont No
Mayor Pro Tem London Yes
Motion carried.
MISCELLANEOUS
92/334
Jerry Williams, Richie Moretti and Ray Kitchner
addressed the Board regarding Pigeon Key. Presentations were
then made by the following applicants for the Pigeon Key
proposals: Harbor Branch Oceanographic Institution, Monroe
County Environmental Education Council (Pigeon Key Foundation),
and Teiyko Westmar University. After the presentations, the
Board announced that the selection process would be by ranking
the firms according to a point system, reflecting the Number One
selection to receive the Number One vote, and the successful
nominee would be that one with the lowest point total. The Board
proceeded to ballot with the following results:
Cheal
Jones
Stormont
London
Total
Harbor Branch 3
3
3
2
it
Monroe Co. Env. 1
1
1
3
6
Teiyko Westmar 2
2
2
1
7
The Clerk announced the results of the tabulation which named
Monroe County Environmental Education Council as the successful
firm. Motion was then made by Commissioner Jones and seconded by
Commissioner Stormont to authorize the Pigeon Key Screening
Committee to negotiate with Pigeon Key Foundation. Motion
carried unanimously.
SOUNDING BOARD
The Board continued to the November 17th meeting a
discussion concerning the termination of firefighter David Alan's
employment.
Beth Nichols of the Organized Fishermen of Florida
addressed the Board to request the Board to ask the Tourist
Development Council to reconsider funding for the loth Annual
Upper Keys Seafood Festival. Motion was made by Commissioner
Jones and seconded by Commissioner Cheal to postpone to the
October 7th meeting. During discussion, motion was withdrawn.
Greg Grimer District 4 Advisory Council, addressed the Board.
Motion was made by Commissioner Jones and seconded by
Commissioner Cheal to postpone to October 7th at 2:00 p.m. Roll
call vote was unanimous.
92/335
Thomas A. Daniels addressed the Board concerning a Code
Enforcement lien on property located at 20 Spanish Channel Drive,
No Name Key.
MAYOR HARVEY ENTERED MEETING
BUT MAYOR PRO TEM JACK LONDON
CONTINUED TO CHAIR THE MEETING
Motion was made by Commissioner Jones and seconded by
Commissioner Stormont to waive the penalties and impact fees,
directing that the Daniels' get the final inspection and pay
building permit fees, and also provide an engineer's
certification if necessary. During discussion, motion was made
by Commissioner Cheal and seconded by Commissioner Stormont to
postpone to the next scheduled meeting. Roll call vote on the
motion to postpone was taken with the following results:
Commissioner Cheal
Mayor Harvey
Commissioner Jones
Commissioner Stormont
Mayor Pro Tem London
Motion carried. Staff was directed
the unique circumstances surrounding
appropriate actions.
Yes
No
No
Yes
Yes
to review the Statutes given
owner/builder statutes for
Robert Jaros addressed the Board regarding not allowing
apartment construction below flood level in a single-family
residential area in Toll Gate Shores Subdivision. Motion was
made by Commissioner Cheal and seconded by Commissioner Stormont
to direct Staff to prepare a Resolution conveying the Board's
concern in reference to construction of apartments below the
flood level in single-family residential areas and addressing the
provisions of Florida Statutes 162. Roll call vote was
unanimous.
Neil Calkins addressed the Board regarding rebuilding
an old dock extending in front of a dead-end County road. Motion
was made by Commissioner Jones and seconded by Commissioner Cheal
to approve. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held to consider a recommendation
by the Planning Commission for approval of the Final Plat of
"Marina Homes at Seawatch". Proof of publication was noted for
the record. Lorenzo Aghemo, Planning Director, addressed the
Board. Bob Rehbock of Marina Homes at Seawatch also addressed
the Board. There was no public input. Motion was made by Mayor
Harvey and seconded by Commissioner Stormont to adopt a
92/336
Resolution approving the plat, contingent upon presentation of
the original plat to the Clerk. During discussion, motion was
made by Mayor Harvey and seconded by Commissioner Jones to
continue to October 27th at 3:00 p.m. Motion carried
unanimously.
A Public Hearing was held concerning proposed
abandonment of a portion of Avocado and Orange Streets, Townsite
of Islamorada, Upper Matecumbe Key. Proof of publication was
noted for the record. Attorney Randy Sadtler addressed the
Board. There was no further public input. Motion was made by
Commissioner Jones and seconded by Mayor Harvey to adopt the
following Resolution renouncing and disclaiming any right of the
County and the public in and to a portion of Avocado and Orange
Streets, Townsite of Islamorada, Upper Matecumbe Key, Monroe
County, Florida. Roll call vote was unanimous.
RESOLUTION NO. 452-1992
See Res. Book No. 111 which is incorporated herein by reference.
A Public Hearing was held on a proposed Ordinance
relating to fire alarms; providing definitions, requiring posting
the names of individuals able to deactivate a false alarm;
prohibiting false alarms; requiring inspections; providing for
penalties; 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 noted for the record. Motion was made
by Mayor Pro Tem London and seconded by Commissioner Cheal to
read by title only. Motion carried unanimously. There was no
public input. Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to adopt the following Ordinance with
amendment to Item (g)(3) to $250 and Item (g)(4) to $250. Fire
Marshal Joe London addressed the Board. Motion was made by
Commissioner Cheal to continue to October 27th at 3:00 p.m.
During discussion, motion was withdrawn. Roll call vote on the
motion to adopt was taken with the following results:
Commissioner
Mayor Harvey
Commissioner
Commissioner
Mayor Pro Tem
Motion carried.
Cheal
Yes
Yes
Jones
Yes
Stormont
No
London
Yes
ORDINANCE NO. 029-1992
See Ord. Book No. 28 which is incorporated herein by reference.
A Public Hearing was held on a proposed Ordinance
repealing ordinance No. 003-1989; amending Section 6.6-6, Monroe
County Code, in order to provide for the adoption of the 1991
92/337
Editions of the National Fire Protection Association (NFPA) 101,
Life Safety Code and the Standard Fire Prevention Code as the
minimum Fire Safety and Fire Prevention Codes for Monroe County;
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 noted for the record. Motion was made
by Commissioner Cheal and seconded by Commissioner Jones to read
by title only. Motion carried unanimously. There was no public
input. Motion was made by Commissioner Jones and seconded by
Commissioner Cheal to continue to 3:00 p.m. on October 27th.
Roll call vote was taken with the following results:
Commissioner
Mayor Harvey
Commissioner
Commissioner
Mayor Pro Te
Motion carried.
Cheal
m
Yes
Yes
Jones
Yes
Stormont
Yes
London
No
BOARD OF APPEALS
A Public Hearing was held to consider the
Administrative Appeal filed by Joseph Farrugia of the decision by
the Planning Commission, sitting as the Monroe County Zoning
Board, denying a Final Development Plan Approval for Coral
Harbor; the subject property to be developed is located on all of
the amended plat of Marathon Shores, Key Vaca, PB 3-58, including
all of Blocks 1 and 2, Beach Lot Park excluding bay bottom,
Section 1, Township 66 south, Range 32 East, Tallahassee
Meridian, Key Vaca, Monroe County, Florida, approximately MM
50.8. Attorney Michael Halpern addressed the Board. Assistant
County Attorney Garth Coller addressed the Board. Mr. Halpern
rebutted. Motion was made by Commissioner Cheal and seconded by
Commissioner Stormont denying the appeal in that the Planning
Commission did not err in its disapproval of the project and
directing the County Attorney to prepare an appropriate
Resolution. Roll call vote was taken with the following results:
Commissioner
Mayor Harvey
Commissioner
Commissioner
Mayor Pro Te
Motion carried.
Cheal
m
Yes
No
Jones
No
Stormont
Yes
London
Yes
92/338
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Cheal and seconded
Mayor Harvey to approve and authorize execution of Amendment
Contract No. 92C0697 with Environmental Systems Research
Institute, Inc. (ESRI) for professional training services.
call vote was taken with the following results:
Commissioner Cheal
Mayor Harvey
Commissioner Jones
Commissioner Stormont
Mayor Pro Tem London
Motion carried.
After discussion, motion
and seconded by Commissioner Jones
period from August 24, 1992 until
building permits. Motion carried
Yes
Yes
No
Yes
Yes
by
1 to
Roll
was made by Commissioner Cheal
to add a ninety -day tolling
October 26, 1992 to all active
unanimously.
MISCELLANEOUS
Motion was made by Commissioner Stormont and seconded
by Commissioner Jones to add a matter concerning AIDS Help to the
Agenda. Motion carried unanimously. Motion was made by
Commissioner Jones and seconded by Mayor Harvey to approve a
letter to be sent on behalf of AIDS Help, Inc. signed by the
Mayor. Motion carried unanimously.
The Board discussed the Blue Water Rock Pit item
considered for an add -on. Motion was made by Commissioner
Stormont and seconded by Commissioner Jones to amend the Agenda
for October 7th to add to that Agenda a discussion of blasting at
an 11:30 a.m. time certain; a Mariners Hospital request to
advertise for bids; Key Largo Marina Housing; authority to
advertise an Ordinance concerning debarment; and a Resolution
concerning the Big Pine School. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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