12/08/1992 RegularR E V I S E D
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
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Regular Meeting
Board of County Commissioners
Tuesday, December 8, 1992
Key Colony Beach,.
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 1:00 p.m. Present and answering to
roll call were Commissioners Earl Cheal, Shirley Freeman,
Wilhelmina Harvey, Mary Kay Reich, and Mayor Jack London. 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to approve Additions, Corrections and
Deletions to the Agenda. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Division Director Bob Herman addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve payment of outstanding invoices
to the law firm of Morgan and Hendrick as Special Litigation
Counsel to the Board for Fiscal Year 192 in the amount of
$21,816.71. Roll call vote was unanimous.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve a Letter of Agreement with the
law firm of Morgan and Hendrick to act as Special Litigation
Counsel to the Board and Special Counsel for Monroe County for
legislative and State Agency matters for fiscal year 1992-93 with
an amendment not to exceed $200,000. Roll call vote was
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Special Litigation Counsel Jim Hendrick addressed the
Board. Motion was made by Commissioner Freeman and seconded by
Commissioner Harvey to approve and authorize for execution a
revised settlement agreement affecting Twin Harbors, Inc., a
Florida Corporation ("Twin Harbors"), Monroe County, a political
subdivision of the State of Florida, and the Florida Department
of Community Affairs ("DCA"). Roll call vote was unanimous
SOUNDING BOARD
Mr. Hubert Gotzes of the Marathon Yacht Club addressed
the Board and presented preliminary plans for minor renovations
to the Marathon Yacht Club. Motion was made by Commissioner
Harvey and seconded -by Commissioner Reich to approve the
preliminary plans in concept. Roll call vote was taken with the
following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor London
Motion carried.
Cheal
No
Freeman
Yes
Harvey
Yes
Mary Kay Reich
Yes
Yes
Mr. Harry E. Mahoney addressed the Board concerning
Monroe County Board Of County Commissioners being composed of
five single member districts for the election of County
Commission members. No official action was taken.
Mr. James C. Morton addressed the Board concerning a
possible concession at Caloosa Beach. Motion was made by
Commissioner Reich and seconded by Commissioner Cheal authorizing
the staff to prepare a Request For Proposals concerning a
concession and maintenance services at Caloosa Beach. During
discussion, the motion was withdrawn. Motion was then made by
Commissioner Reich and seconded by Commissioner Harvey to direct
Staff to prepare a needs assessment for the provision of
concession and maintenance services at Caloosa Beach. Roll call
vote was unanimous.
Ms. Carol Propper addressed the Board concerning
citizens, communications with Commission members. No official
action was taken.
COUNTY ADMINISTRATOR
County Administrator Tom Brown discussed revisions to
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the Monroe County Capital Improvements Plan. Mr. Brown and
County Clerk Danny Kolhage discussed the eminent completion of
the Public Records Building and the space being vacated in the
Clerk's Office in the old Courthouse building in Jackson Square.
Motion was made by Commissioner Harvey and seconded by
Commissioner Freeman authorizing the firm of Gonzalez Architects
to provide space planning services in reference to the Clerk's
Office in the Old Courthouse in Jackson Square for an amount not
to exceed of $5,000.00 in accordance with their existing
contract. Roll call vote was unanimous. Motion was made by
Commissioner Cheal and seconded by Commissioner Harvey to
continue further consideration of the Capital Improvements Plan
to January 18th so that the Constitutional Officers could be
present. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
providing that the Board of County Commissioners of Monroe
County, Florida, may, by Resolution, authorize reimbursement for
moving expenses to the newly employed Solid Waste Operations
µ Manager of Environmental Management, Guy McMahan, in an amount
not to exceed $5,000.00; providing for the cost of packing and
shipment of household goods; for reimbursement of travel and per
diem expenses; providing for certain restrictions on such
compensation; providing for repeal of all Ordinances inconsistent
herewith; and providing an effective date. Proof of Publication
was noted for the record. Motion was made by Commissioner Cheal
and seconded by Commissioner 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 Cheal and seconded by Commissioner Harvey to adopt
the following Ordinance. Roll call vote was unanimous:
ORDINANCE NO. 041-1992
See Ord. Book No. 28 which is incorporated herein by reference.
A Public Hearing was held on a proposed Ordinance
amending sections 6-16, Monroe County Code, in order to adopt the
1991 Standard Building Code with 1992 Amendments as the Building
Code for the unincorporated area of Monroe County, Florida;
providing for severability; providing for repeal of 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 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 Cheal and seconded by Commissioner Freeman to
adopt the following Ordinance. Growth Management Director Bob
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Herman addressed the Board. Bill Smith of the Florida Keys
Contractors Association addressed the Board. Roll call vote
adopt was unanimous.
ORDINANCE NO. 042-1992
See Ord. Book No. 28 which is incorporated herein by reference.
A Public Hearing was held on a proposed Ordinance
amending Sec. 6-107(A), Monroe County Code, by an Ordinance
adopting the 1992 edition of the National Electric Code, except
as modified by the Board of County Commissioners, as the standard
code applicable in the unincorporated areas of 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 Harvey to read
by title only. The County Attorney read by title only. Motion
carried unanimously. The County Attorney read by title only.
Motion was made by Commissioner Harvey and seconded by
Commissioner Freeman to adopt the following Ordinance. Roll call
vote was unanimous.
ORDINANCE NO. 043-1992
See Ord. Book No. 28 which is incorporated herein by reference.
A Public Hearing was held on a proposed Ordinance
creating Chapter 2, article XXII, Monroe County Code, entitled
Debarment or Suspension by the Chief Procurement Officer and
outlining a procedure for the suspension and disqualification of
persons for cause from County contracts; 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 Harvey to read by title only. Motion
carried unanimously. The County Attorney read by title only.
Bill Smith of the Florida Keys Contractors Association addressed
the Board. Motion was made by Commissioner Harvey and seconded
by Commissioner Reich to continue to January 19th, at 3:00 p.m.
Roll call vote was unanimous.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director Bob Herman addressed the
Board. Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to adopt the following Resolution of the
Board of County Commissioners of Monroe County, Florida,
authorizing the Mayor to execute, on behalf of Monroe County, an
agreement between the Florida Department of Community Affairs,
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Monroe County, Sunday Bay and Peter Clasca General Contractor
Corporation concerning a.portion of tract 5 of Mandalay
Subdivision, Key Largo, Monroe County, Florida, and located at
approximate mile marker 97.7. Roll call vote was unanimous.
RESOLUTION NO. 585-1992
See Res. Book No. 112 which Js incorporated herein by reference.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to adopt the following Resolution by the
Monroe County Board of Commissioners affirming Planning
Commission Resolution No. P32-92 granting a change to an existing
Development Order for the request filed by Raybob, Inc. DBA
Italian Fisherman Marina for approval of a change to an existing
major conditional use allowing expansion of the Marina, which
will include an additional bathroom and the new addition of a
4,868 square foot storage building. The property is located at
10400'0 U.S.1 Overseas Highway, and is described as being situated
in Section 11, Township 61 South, Range 39 East, Tallahassee
Meridian, Key Largo, Monroe,County, Florida. Roll call vote was
unanimous.
RESOLUTION NO. 586-1992
See Res. Book No. 112 which is incorporated herein by reference.
Environmental Resources Director Pat McNeese addressed
the Board. Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to reduce the funding in the grant agreement
with EPA concerning the Advanced Identification, (ADID) Project
in the amount of $25,000.00 and to delete the associated task.
Roll call vote was unanimous.
Planning Director Lorenzo Aghemo addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich for approval of three Affordable Housing
Restrictive Covenants, submitted by Habitat for Humanity; one
proposed Affordable Housing'by John & Anne Larocco; and, one
dedication of land for conservation purposes proposed by Mark
Finigan. The Restrictive Covenants for Affordable Housing have
been completed and filed by the applicants under the requirements
of the Dwelling Unit Allocation Text Amendment (Ordinance No.
016-1992), and the County's,Land Development Regulations. Roll
call vote was unanimous.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey for approval of a Planning Commission
recommendation regarding excess allocation of awards for the 1st
quarter, July 13 through October 13, 1992, under the dwelling
unit allocation ordinance (ROGO). Roll call vote was unanimous.
Board returned to a discussion of Affordable Housing
and Restrictive.Covenant Procedure. Motion was made by
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a
REVISION
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and Restrictive Covenant Procedure. Motion was made bye
Commissioner Freeman and seconded by Commissioner Cheal to direct
Staff to develop methods to close the loop hole in reference to
potential violations of Affordable Housing Deed Restrictions and
report back to the Board at the next meeting. Motion carried
unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to set agenda item 0-5 scheduled for the
meeting of December.9, 1992 to a time certain of 3:00 p.m.
Motion carried unanimously.
Mr. Herb Pontin addressed the Board concerning the
status of contract negotiations for wetland delineation tasks to
be performed as part of the Advanced Identification (ADID)
Project pursuant to a grant contract with the U.S. Environmental
Protection Agency (EPA).
CODE ENFORCEMENT
Community Services Director Peter Horton and Code
Enforcement Director Marty Arnold addressed the Board concerning
Code Enforcement concerns with the proposed new Land Development
Regulations.
PUBLIC HEARING
A Public Hearing.was held to consider a Budget
Amendment to the One -Cent Infrastructure Capital Projects Fund
#304 for Fiscal Year 1993. There was no public input. Motion
was made by Commissioner Cheal and seconded by Commissioner
Harvey to adopt the following Resolution approving the One -Cent
Infrastructure Capital Projects Fund #304. Roll call vote was
unanimous.
RESOLUTION #587-1992
See Res. Book No. 112 which is incorporated herein by reference.
COUNTY ADMINISTRATOR
i
Mr. Herb Pontin addressed the Board. County
Administrator Tom Brown addressed the Board concerning his
recommendations on the procedure to begin selection of a new
Monroe County Administrator upon Mr. Brown's retirement. Motion
(, ) was made by Commissioner Freeman and seconded by Commissioner
Cheal to appoint a County Administrator Selection Committee with
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Freeman to develop a mission statement for the Committee for
consideration by the full Board. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to approve the proposals for advertisements
for filling the position of County Administrator in the following
professional journals, magazines, and newspapers:
ICMA NEWSLETTER
THE COUNTY REPORTER
THE KEY WEST CITIZEN
CITY & STATE
FCCMA NEWSLETTER
THE KEYNOTER
u
THE REPORTER
THE MIAMI HERALD
GOVERNING MAGAZINE
Motion carried unanimously. Motion was made by Mayor London and
seconded by Commissioner Harvey to approve a cut-off date for
applicants for the position of County Administrator at March 15,
1993. Motion carried unanimously.
There being no further business, the meeting was
adjourned.