10/19/1994 Regular
'4/352
JIDIU'lBS
O~ DB MOIlllOB COUftY
BOUD O~ COUftY COIIIUSSIOIIBRS
Regular Meeting
Board of County Commissioners
Wednesday, October 19, 1994
Key West
A Regular Meeting of the Monroe County Board of county
co..issioners convened at 1 P.M., on the above date, at the Key
West Holiday Inn Beachside. Present and answering to roll call
were co..issioners Shirley Freeman, Wilhelaina Harvey, Mary Kay
Reich, and Mayor Pro tea Earl Cheal. Mayor Jack London was
ab8ent~ Also present were Danny L. Kolhage, Clerk; Randy
Ludacer, County Attorney; Jaaes Roberts, County AdJlinistrator;
County Staff; Members of the Press and Radio; and the general
public.
All stood for the Invocation and Pledge of Allegiance.
ADDI'l'IO.S, COUBC'l'IO.., DBLII'l'IO..
Motion was made by Commissioner Harvey and seconded by
c~issioner Reich granting approval of the Additions,
correctiqn8 and Deletions to the Agenda. Motion carried
unanillOU81y.
BULK unovu.s
Motion was ..de by Mayor Pro tea Cheal and seconded by
co.-issioner Reich granting approval of the following it... by
unani.ou8 consent:
Board granted approval of a restrictive covenant
subaitted by Beverly England restricting the owner to one
dwelling unit on two contiguous lots at Lots 31 and 32, Rearod
Shores.
Board granted approval of Parks and Recreation Board's
reco.aandation to direct County'staff to negotiate an extension
of the license covering the County's use of federal govermaent
property, Boca Chica Beach, due to expire Deceaber 31, 1995.
Board granted approval and authorized execution of a
Joint Participation Agre_ent with the Florida DepartJlent of
Transportation to provide funds, in the ..aunt of $50,000.00, to
hire a consultant to develop a county-wide Bicycle and Pedestrian
Plan, and authorized Staff to request a Stat...nt of
Qualifications fro. consultants for the above-referenced plan.
'4/353
Board granted approval of a Flood Variance Application
submitted by Roy C. stone, Jr., for first time placement of a
mobile home below base flood elevation, on Lot 5, Pines , Palms
Trailer Park, stock Island, Coastal Flood Zone AE9', Panel 1728F.
Board granted approval of a one year grant extension
for the Advance Wetlands Identification Project with the U. s.
Environmental Protection Agency.
GR01fTJl KAllAGBIUDI'l' DIVI8IOH
Board granted approval to advertise a proposed
Ordinance creating a Boating Restricted Area (idle speed/no wake
zone) for the near shore waters adjacent to populated areas on
Tavernier Creek, Plantation Key/Key Largo; providing for
definitions; providing that Monroe County agrees to hold the
Florida Department of Environmental Protection haraless from any
liability incurred fro. the negligent posting of boating
restricted markers; providing for penalties for violations;
providing tor exemptions; providing for severability; providing
for repeal ot all ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code; and providing an
effective date.
Board granted approval to advertise a proposed
Ordinance creating a Boating Restricted Area (idle speed/no wake
zone) for the near shore waters adjacent to Jolly Roger Estate.,
Little Torch Key; providing for definitions; providing that
Monroe County agrees to hold the Florida Department of
Environmental Protection harmless fro. any liability incurred
from the negligent posting of boating restricted markers;
providing for penalties for violatioins; providing for
exemptions; providing for severability; providing for repeal of
all ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code; and providing an effective date.
Board granted approval to advertise an Ordinance
providing tor the issuance of Temporary Journeyman Licenses for a
limited time; providing for severability; providing for repeal of
all ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code; and providing an effective date.
Board granted approval to advertise an Ordinance
aaendinq Section 6-16(a) Monroe County Code, by an Ordinance
adopting the 1994 Standard Building Code with Appendix C as the
Code applicable in the unincorporated areas ot Monroe County;
providing for severability; providing for repeal ot all
ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code; and providing an effective date.
94/354
Board granted approval to advertise an Ordinance
amending Section 6-16.1(9), Monroe County Code, by an Ordinance
adopting the 1994 edition of the "Florida Accessibility Code for
Building Construction" as the Code applicable in the
unincorporated areas of Monroe County; providing for
severability; providing for repeal of all ordinances inconsistent
herewitb; providing for incorporation into the Monroe County
Code; and providing an effective date.
Board granted approval to advertise an Ordinance
amending Section 6.6-6(a), Monroe County Code, by an Ordinance
adopting tbe 1994 Standard Fire Prevention Code as the 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.
Board granted approval to advertise an Ordinance
amending Section 6-206, Monroe County Code, by an Ordinance
adopting tbe 1994 Standard Gas Code as the Code applicable in the
unincorporated areas of Monroe County; providing for
severability; providing for repeal of all ordinances inconsistent
berewith; providing for incorporation into the Monroe County
Code; and providing an effective date.
Board granted approval to advertise an Ordinance
amending Section 6-256, Monroe County Code, by an Ordinance
adopting the 1994 Standard Mechanical Code as tbe Code applicable
in the unincorporated areas of Monroe County; providing for
severability; providing for repeal of all ordinances inconsistent
berewitb; providing for incorporation into tbe Monroe County
Code; and providing an effective date.
Board granted approval to advertise an Ordinance
a.ending Section 6-271(a), Monroe County Code, by an Ordinance
adopting the 1994 Standard Plumbing Code as the Code applicable
in the unincorporated areas of Monroe County; providing for
severability; providing for repeal of all ordinances inconsistent
berewith; providing for incorporation into the Monroe County
Code; and providing an effective date.
COUll'l'Y ADJIIIfI8'1'1lA~.
Board granted approval of tbe appointaent by the City
of Key West of Commissioner Joe Pais to the Tourist Development
Council to fulfill the tera of Commissioner Harry Betbel wbo
resigned.
Board granted approval of the re-appointments to the
Contractor's Exaaininq Board of Frank Toppino and Gary Centonze
for a second three year tera, and the re-appointaents of Jobn
Rayaond and Jorge Aladro for a tbird consecutive tera.
)
'4'355
Board granted approval to advertise a Tax Equity Fiscal
Responsibility Act (TEFRA) Hearing for Key Largo Industrial
Development Bond.
Motion carried unanimously.
KISCBLLAIIBOUS BULK UPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to approve the following items:
Board granted approval of the Park. and Recreation
Board'. recommendation to refurbish the Big Coppitt Volunteer
Fire Departaent playground with new play equipment, benches and
safety surface, using impact fees in the amount of $30,000.00.
Glt01l'1'll DDGBIUDI'I DIVISIO.
Board granted approval of the Park. and Recreation
Board'. reco.aendation that the Tucker property on Big Coppitt be
developed according to the de.ir.. of the local co..unity once
the purcha.e of the property i. finalized.
Motion carried unanimously.
JlISCU,LAIIBOU8 BULK UPROVALS
Motion was ade by Mayor Pro t.. Cheal and .econded by
Co..i..ioner Harvey granting approval of the ..lection ot Lewis
Bnvironaental Servic.., Inc., for tore.t canopy aapping and
quality a.......nt ..rvice., and authorized Statt to negotiate a
contract with Lewi. Bnvironaental Services, Inc. Motion carried
unaniJlOusly.
GIlO1l'1'll DDGBIID'l' DIVISIOJI
Bob Herman, Director ot Growth Manage..nt Division,
addr..sed the Board concerning a letter tro. the Florida
Departaent ot Co..unity Attair. indicating that th.y would drop
their appeal. ot the 4 toot rule case.. Mr. Henlan also
di.cuased the progr.ss ot the Coaprehensive Land Us. Plan
Hearings.
COUJr1tY a'WXUSft&'IOIl
J.... ROberts, County Adainistrator, discussed the
posi tion ot Director ot Oft ice of Manag_nt and Budget, and
94/35'
indicated that the selectee had advised him that for personal
reasons he would have to decline the appointment. Mr. Roberts
indicated that the process of selection was ongoing at this time.
KISCBLLAIIBOUS BULlt APPROVALS
Motion was made by Commissioner Freeman and seconded by
Co_issioner Reich granting approval and authorizing execution of
a Contract to purchase Lots 50 through 56, Block 18, Coco Plum
Beach Subdivision, known as the Schwitalla property. Funding for
the purchase of said property is with the Monroe County Land
Authority and Florida Communities Trust. Motion carried
unani.ously.
GR01ft'Jl DDGBKD'1' DIVI8IO.
Motion was made by Mayor Pro tea Cheal and seconded by
Co_issioner Harvey granting approval and authorizing execution
of AddendUJI VI to Conceptual Approval Agr....nt between Monroe
County, Plorida Communiti.s Trust, and the State of Plorida
Departaent of Community Affairs, .xt.nding the tera of the
Conceptual Approval Agreement.
COUftY ADJIIIfI8UA'1'Oa
Mr. Roberts discussed the Plorida Keys Co_unity
College construction and hurrican. .nhanc_.nts. Mr. Robert.
indicated that he had identifi.d c.rtain grant funding that would
have be.n available subj.ct to legislative action; however,
Plorida K.ys co_unity College decided that th.y could not wait
for confinaation of those funds. Mr. Roberts infoned the Board
that he would proc.ed to identify every use of the grant funding
to be allocated during the next session of the l.gislature.
PUBLIC IIDItI.G8
A Public Hearing was held concerning the adoption of an
Ordinanc. regulating wr.ck.r operators in Monroe County who
provide ~tor vehicle towing and storage s.rvices at the request
of law .nforceaent offic.rs by establishing equipaent standard.
and rat.s; providing for s.verability; providing for r.peal of
all ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code; and providing an effective date.
The County Attorney read by title only. There was no public
input. Motion was llade by co_issioner Reich and seconded by
co_is.ioner PreeJlan to adopt the following Ordinance as _nded.
ORD~ 022-1".
See Ord. Book No. 34, which is incorporated herein by reference.
t4/357
Motion carried unanimously.
COUNTY ADMZRZ8TRATOR
Mr. Roberts discussed his proposal to reorganize the
Management Services Division. Betty Vail addressed the Board.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to continue this item to the next meeting.
Motion carried unanimously.
GROW'l'II DDGIDID'l' D:IVZ8IOB
Mr. Herman and James Hendrick, Special Litigation
Counsel, addressed the Board concerning a request by Mrs. Tammy
Malby for the issuance of a permit for the installation of a
water ..ter on Lot 4, Block 6, Rockland Key. Motion was made by
Co..issioner Harvey and seconded by Commissioner Reich to declare
the structure on Lot 4, Block 6, Rockland Key, a nuisance due to
the lack of potable water supply, and directing Staff to abate
the nuisance by the issuance of a permit to install a water
_ter. The approval is conditioned on the property owners
.ecuring an HRS Septic Tank inspection establishing the fact that
a .eptic tank exists and confirming conformity with current HRS
.tandards. The Board finds that this action is liaited to the
special circumstances of this case; specifically, the abate.ent
of a public health nuisance, n..ely, the lack of potable water.
Further, the Board does not establish the policy of allowing
upgrading or replacement of this or any other non-conforming use
or .tructure. Roll call vote was unanimous.
Mr. Hendrick discussed the progress of the New Port
Largo trial, the Florida Rock and Sand case, the issue of Post,
Buckley, Schuh and Jernigan, the Card Sound Road Project, and a
re-occurrence of the noise problem at the Marriott Key Largo Bay
Club.
80UJIDDIQ 80UD
Mrs. Mary L. Parets addressed the Board. Motion was
llade by Mayor Pro tea Cheal and seconded by co_issioner Harvey
to extend Mrs. Parets variance to one year fro. the date of the
original grant of the variance. Motion carried unanimously.
Richard Divoll, representing the Porpoise Point Similar
Sound Homeowners Association, addressed the Board concerning
drainage and the installation of a diesel tank at the firehouse
on Big Coppitt Key. Pat Jennings, ot Morrison-Knudsen/Gerrits,
and Dave Koppel, Director ot Engineering, addr.ssed the Board.
Motion vas made by Mayor Pro t_ Cheal and seconded by
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Commissioner Harvey directing statt to work with the engineers,
contractors and whomever appropriate in order to solve the
problea. Motion carried unanimously.
XZ8CBLLAIfBOU8
Harry Knight, Tax Collector, addressed the Board.
Motion was made by Commissioner Harvey and seconded by
Co_issioner Reich to approve the Errors and Insolvencies List
tor the tax roll tor 1993. Motion carried unanimously.
Mr. Knight discussed the recap ot the 1993 tax roll.
Motion was made by Co_issioner Harvey and seconded by
Co_issioner Freeman accepting the Report ot the Tax Collector
and the distribution ot excess tees. Motion carried unanimously.
Commissioner Harvey discussed speed bumps on Azalea
Drive in Key Haven. Dave Koppel addressed the Board and
indicated that the problem had been resolved.
COUll'l'Y ADJallZ8ftA1'Oa
Mr. Roberts and Dave Koppel, County Engineer, addressed
the Board concerning a plan to phase out the Morrison-
Knudsen/Gerrits contract and a .odification of the basic
agre-..nt to cover the transition period. Motion vas _de by
C~issioner Harvey and seconded by co_issioner Reich to .odify
the basic agre_ent betve.n Monroe County and Morrieon-
Knudsen/Gerrits, making MK/G financially responsible for any cost
over-runs or Change Orders due to defici.ncy in plana or
specifications, as r.co..nded by the County Attorney. Durinq
discussion, the motion vas withdrawn. Motion vas _de by
co_issioner Fr....n and s.conded by Co..issioner Harvey grantinq
approval and authorizing th. ex.cution of the Modification to the
Basic Agr...ent vith Morrison-Knuds.n/G.rrits. Motion carried
unanillously.
Motion vas IUld. by Mayor Pro t.m Cheal and seconded by
Coaaission.r Preeaan to approve the County Adainiatrator's
reco..-ndation to e.tablish a Construction Managaaent Function in
the Office ot the County Engin.er and creation of the po.ition,
a. outlined in the AdIIinistrator' s report. Motion carried
unan!aously.
Motion vas _d. by co_ission.r Reich and seconded by
Coaai..ioner Pr....n to appoint Col. Willi.. (Bill) McDonald to
the BRS/Health and HUJlan Service. Board. Motion carried
unanillously.
I
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94/359
stella otto, Director of Employee Benefits, gave a
report to the Board concerning the County's Employee Benefits
Department.
PUBLIC BBARIRGS
Mr. Herman, Holly Larsen, Comprehensive Planning
Manager, and Garth Coller, Assistant County Attorney, addressed
the Board regarding a proposed amendment to the Land Use District
Map for properties located at Lot 1, Block 4, CUtthroat Harbor
Estates, from Suburban Commercial to Improved Subdivision
requested by applicants Martin and Alice Vandel. There was no
pUblic input. Motion was made by Commissioner Freeman and
seconded by Commissioner Harvey to adopt the following Ordinance
adopting a Land Use District Map Amendment changing the Land Use
Designation for property legally described as Lot 2, Block 4,
cutthroat Harbor Estates SUbdivision, CUdjoe Key, Monroe County,
Florida, from Suburban Commercial (SC) to Improved Subdivision
(IS); transmitting these amendments to the State Land Planning
Agency for approval; providing for severability; and providing
for an effective date.
ORDIHaBCB 023-1994
See Ord. Book No. 34, which is incorporated herein by reference.
Motion carried unanimously.
Ricardo Velazquez addressed the Board on a proposed
amendment to the Land Use District Map for Applicant Ana Sepic,
who requests a zoning change from Native to Improved Subdivision
for Lot 9, Block 1, Mates Beach Plat NO.6, Little Torch Key.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to adopt the fOllowing Ordinance adopting a
Land Use District Map Amendment changing the Land Use Designation
for property legally described as Lot 9, Block 1, Mates Beach
Plat NO.6, Little Torch Key, from Native Area (NA) to Improved
Subdivision (IS); transmitting these amendaents to the state Land
Planning Agency for approval; providing for severability; and
providing for an effective date.
ORDIHaBCB 024-1994
See Ord. Book No. 34, which is incorporated herein by reference.
Motion carried unanimously.
Allan Woolwich of the Florida Department of Community
Affairs, Vern Pokorski, Mike Halpern, Bill Spottswood and Ben
Woodson addressed the Board regarding a proposed aaendaent to the
Land Use District Map for applicant Little Palm Island, Ltd.,
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94/360
which requests a zoninq chanqe from Offshore Island to
Destination Resort for Little Munson Island, a.k.a. Little Palm
Island. Motion was made by Commissioner Reich and seconded by
Co..issioner Harvey to adopt the followinq Ordinance adoptinq a
Land Use District Map Amendment chanqinq the Land Use Desiqnation
for property leqally described as Government Lot 2, Section 8,
Township 66, Ranqe 29, Newtound Harbor Keys, a.k.a. Little Munson
Island, trom Ottshore Island (OS) to Destination Resort (DR);
transmittinq these amendments to the state Land Planninq Aqency
tor approval; providinq tor severability; and providinq tor an
ettective date.
ORDI~B 025-1994
See Ord. Book No. 34, which is incorporated herein by reterence.
Roll call vote was unanimous.
Mike Halpern addressed the Board on a proposed
aaendaent to the Land Use District Map tor applicants G.rald
Krau.., Jaaes Ferquson, Ronald Rackly, John Robert Kniqht, Roland
Meyer., and Robert stiqlitz, who are requestinq a zonin<) chanq.
trom Suburban Residential to Commercial Fishinq Special District
tor part ot Government Lot 2, Little Torch Key. Motion vas made
by Co..i.sioner Reich and seconded by Co..is.ioner Harv.y to
adopt the tollowinq Ordinance adoptinq a Land Us. District Map
Aaendaent chanqinq the Land Use Desiqnation tor property leqally
de.cribed a. part ot Government Lot 2, Section 212, Town.hip 66,
Ran<)e 29, Little Torch Key, trom Suburban Re.idential (SR) to
Co...rcial Fishinq Special District (CFSD); transaittin<) the.e
amendments to the State Land Planninq Aqency tor approval;
providin<) tor severability; and providinq tor an etrective date.
ORDIBaBCB 02'-1994
See Ord. Book No. 34, which is incorporated herein by reterence.
Motion carried unanimou.ly.
Vern Pokorski, Douqlas P. Morway, Michael Halpern, and
Frank Greenaan representinq John and Leslie Brier, addre.sed the
Board. Garth Coller and Holly Larsen addressed the Board
reqardin<) a proposed aae~ent to the Land Use District Map tor
applicants John and Leslie Brier who request a zoninq chanqe tro.
Improved Subdivision to Urban Residential Mobile Ho.. tor Lots 1-
18, Block 27, Sands Subdivision, Big Pine Key. Motion va. aade
by Co..issioner Reich and seconded by Co..issioner Harvey to
adopt an ordinance. Roll call vote vas taken with the tOllowing
results:
Motion failed.
Co..issioner Freeaan No
co..issioner Harvey Yes
co..i.sioner Reich Yes
Mayor Pro tea Cheal No
9./311
Motion was made by Commissioner Reich and seconded by
Co..issioner Harvey to reconsider Agenda Item G-5 concerning the
reappointaent of John Rayaond and Jorge Aladro to the Contractors
Exaaininq Board. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Co..issioner Harvey to appoint David Houston to replace Jorge
Aladro and to appoint Mark Holding to replace John Rayaond to the
Contractors Examininq Board. Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded by
Co..issioner Reich to adopt the following Resolution establishinq
a Local Base Closure and Realignment Co..ission.
.e.olutioD .0. 313-199.
See Res. Book No. 123, whicb is incorporated herein by reference.
Motion carried unanimously.
Motion was Jlade by CODis.ioner Harvey and .econded by
Coa.i..ioner Fre_an grantinq approval to waive Purcbasinq and
Policie. Procedure. and solicit a consultant to prepare an action
plan regarding the potential realiqnaent/closure of the Naval Air
Station, Key We.t, and related ailitary faCilities, in an aaount
not to exceed $125,000.00. Motion carried unani.ou.ly.
There being no further busine.s, the .eetinq was
adjourned.
Clerk to the Board of County
co..is.ioners of Monroe County
~J
Ruth Ann J tze
Deputy Clerk