10/19/1993 Regular r ) 93/449
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, October 19, 1993
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
Key Colony Beach City Hall. Present and answering to roll call
were Commissioners, Earl Cheal, Shirley Freeman, Wilhelmina
Harvey and Mary Kay Reich and Mayor London. Also present were
Danny L. Kolhage, Clerk; Isabel DeSantis, Deputy 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to approve Additions, Corrections and
Deletions to the Agenda. Motion carried unanimously.
CONSENT AGENDA (BULK APPROVALS)
Board adopted 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 Jim and Paulette Holzinger, concerning Lot 17, Section
"B", Long Beach Estates, Big Pine Key, Monroe County, Florida,
approximate Mile Marker 33 . Motion carried unanimously.
RESOLUTION NO. 388-1993
See Res. Book No. 118 which is incorporated herein by reference.
Growth Management Director, Bob Herman, addressed the
Board concerning the calling of a Special Board of County
Commissioners' Meeting regarding the approval of a contract
between Monroe County and HRS for the joint implementation of the
Cesspool Identification and Elimination Project, and the approval
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of a Subgrant Agreement with the Department of Community Affairs
for the receipt of $98, 183 . 00 for the Cesspool Identification and
Elimination Project, as a result of the Agreement not being
received by the County as of this date. After board discussion,
motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to continue these items to a Special Meeting
to be called by the Mayor after consulting with the Growth
Management Division and the County Attorney's Office. Motion
carried unanimously.
Andrew M. Tobin, representing Whispering Pines Trailer
Park; Planning Director, Lorenzo Aghemo; Growth Management
Director, Bob Herman; and Special Litigation Council, Jim
Hendrick, addressed the Board concerning the adoption of a
Resolution confirming the Administrative Boundary Interpretation
of the Planning Director in Land Use District Map Boundary
Interpretation # 88, Tract 21, San Souci Subdivision, Grassy Key,
Monroe County, Florida, approximately mile marker 58. 6. Motion
was made by Commissioner Cheal and seconded by Commissioner
Freeman to adopt the following Resolution, per Staff
recommendation, to confirm the Administrative Boundary
Determination #88, as made by the Director of Planning, such that
Tract 21, San Souci Subdivision, Grassy Key, is not included
within the Urban Residential Mobile Home Land Use District (URM)
and that it shall remain zoned Suburban Residential (SR) .
See Page 93/450A
RESOLUTION NO. 389-1993
See Res. Book No. 118 which is incorporated herein by reference.
Jim Smith, of the South Florida Water Management
District; Growth Management Director, Bob Herman; and County
Administrator, Tom Brown, discussed a Cooperative Agreement with
the South Florida Water Management District (SFWMD) to assist in
the development of a Stormwater Management Plan in accordance
with Monroe County's Year 2010 Comprehensive Plan. Motion was
made by Commissioner Freeman and seconded by Commissioner Cheal
directing Staff to prepare an appropriate Resolution to make use
of the funding by the South Florida Water Management District.
Motion carried unanimously.
There will be no Resolution No. 390-1993
DIVISION OF GROWTH MANAGEMENT
Special Litigation Counsel, Jim Hendrick, addressed
the Board concerning the adoption of a Resolution authorizing and
directing Code Enforcement action and requesting law enforcement
agency assistance concerning disorderly conduct and other
disruptive behavior associated with transient occupancy in
residential subdivisions; and directing Planning staff to draft
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Andrew M. Tobin, representing Whispering Pines Trailer
Park; Planning Director, Lorenzo Aghemo; Growth Management
Director, Bob Herman; and Special Litigation Council, Jim
Hendrick, addressed the Board concerning the adoption of a
Resolution confirming the Administrative Boundary Interpretation
of the Planning Director in Land Use District Map Boundary
Interpretation # 88, Tract 21, San Souci Subdivision, Grassy Key,
Monroe County, Florida, approximately mile marker 58. 6. Motion
was made by Commissioner Cheal and seconded by Commissioner
Freeman to adopt the following Resolution, per Staff
recommendation, to confirm the Administrative Boundary
Determination #88, as made by the Director of Planning, such that
Tract 21, San Souci Subdivision, Grassy Key, is not included
within the Urban Residential Mobile Home Land Use District (URM)
and that it shall remain zoned Suburban Residential (SR) . Roll
call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
_�' Motion carried.
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Land Development Regulations providing alternative measures for
regulating or restricting such occupancy in residential land use
districts. The following individuals addressed the Board:
Captain Mills, L.B. Pokarski, Chuck Vowels,
representing the Marathon & Lower Keys Association of Realtors;
Eugene Paxton, representing the Cudjoe Key Home Owners
Association; George Kundtz, Kristen Brenner, representing Brenner
Realty; Patricia Stanley, Rick Grootvela, Rosario P. Duncan,
Gisela Moran, Bill Wilkinson, Karen Farley-Wilkinson, Eugene
Shinkevich, representing the Big Pine Key Civic Association;
Henry Morgenstern, representing several Homeowner Groups; Richard
Nelson, representing the Florida Keys Board of Realtors; Jane
Schnee, representing Sunwater Rentals; Deborah Cullin, Gilbert
Angermann, representing Conch Realty; David J. Gleason,
representing Jolly Rogers Estate Property Owners Association; T.
K. Anaston, Betty Vail, Bonnie Kershaw, Alexa Wheeler,
representing Freewheeler Vacations Realty and Dona Merrit.
Motion was made by Mayor London and seconded by
Commissioner Cheal to adopt the following Resolution authorizing
and directing Code Enforcement action and requesting law
enforcement agency assistance concerning disorderly conduct and
other disruptive behavior associated with transient occupancy in
residential subdivisions; and directing Planning staff to draft
Land Development Regulations providing alternative measures for
regulating or restricting such occupancy in residential land use
districts. Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
Motion carried.
RESOLUTION NO. 391-1993
See Res. Book No. 118 which is incorporated herein by reference.
MISCELLANEOUS
Monroe County Tax Collector, Harry F. Knight, C.F.C,
reported on the Tropical Key Colony Special Assessment, and the
publication of the Angler's Guide to Florida Marine Resources,
said Guide is provided by the Department of Environmental
Protection. Mr. Knight made a presentation of the 1992-93 Fiscal
Year excess fees in the total amount of $1, 193,368. 00.
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COMMISSIONERS' ITEMS
The following individuals addressed the Board
concerning a recreational area on Big Coppitt Key:
Dona Meritt, Richard L. Divoll, Barbara Divoll
and Michelle Mongelli. Motion was made by Commissioner Freeman
and seconded by Commissioner Harvey granting approval to have the
Tucker property on Big Coppitt Key appraised and directing the
County Administrator to negotiate a purchase price, as well as
obtaining a recommendation by the Parks and Recreation Board.
Roll call vote was unanimous.
SOUNDING BOARD/COUNTY ATTORNEY
Walter Carson, President of the Florida Keys
Contractor's Association and Christie Holliday, representing the
Lower Keys Chamber of Commerce, addressed the Board concerning
workers' compensation rates. This item was referred to the
County Attorney to prepare a Resolution.
County Attorney, Randy Ludacer, discussed the proposed
Lease Agreement by and between the Monroe County Board of County
Commissioners and the Pigeon Key Preservation Foundation, Inc.
The following individuals addressed the Board regarding
keeping Pigeon Key a County park with free access to County
Residents; and the proposed Lease Agreement.
Michael Halpern, attorney for the Pigeon Key
Preservation Foundation, Inc. ; Richie Moretti, representing the
Marathon Old Town Merchants Association; David W. Tibbetts, Marie
Fisher, Bill Wilkinson, Robert Trafford, Robert P. Goetz, David
W. Tibbetts, Karen Farley-Wilkinson, David Rice, Trudy Murray,
Bob Shepherd, David Makepeace, Thomas Fraelich, Joe Hammond,
President of the Pigeon Key Preservation Foundation; Harry
Womack, Mary Schindler, Dona Merritt, and Walter Carson.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to make the following changes to the Lease
Agreement:
Page 5, paragraph 3, replace the words "deal with" with
the words "include but are not limited to" in the last sentence
of the paragraph.
Page 7, paragraph 3, insert the words "by Court Order"
between the words "delayed or declared invalid" and "for any
reason" in the first sentence of the paragraph.
Page 10, section 8. Construction, replace the word
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"renovation" with the word "rehabilitation" in the first sentence
of the paragraph.
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to add the following additional paragraph to
the Lease Agreement:
4. PERMITTED USES D) Lessee shall only be permitted
to take marine samples from within one quarter mile from the
subject premises pursuant to a resources collection plan approved
by the Monroe County Board of County Commissioners.
Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting authorization to execute the Lease
Agreement between Monroe County and the Pigeon Key Preservation
Foundation, Inc. , as amended. Roll call vote was taken with the
following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
COMMISSIONERS' ITEMS
Mayor London discussed the acquisition of a ten acre
site located at Part of Government Lot 2, Section 6, Township 66,
Range 33, Key Vaca, for active recreation. The Following
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individuals addressed the Board: Rose Stayduhar, Ray Kitchener,
Robert Trafford, Kirby Cay Scheimann, Mary Schindler, and Mike
Puto, and Growth Management Director, Bob Herman. Motion was
made by Commissioner Cheal and seconded by Commissioner Harvey
authorizing Staff to order appraisals of the subject property in
coordination with the Executive Director of the Land Authority
and report back to the Board with a funding proposal. Roll call
vote was unanimous.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman granting approval of the Organization,
Programs and Policy Guidelines for the Youth Organizations of
Monroe County, dated September, 1993 . Motion carried
unanimously.
County Administrator, Tom Brown, discussed a piece of
land in the Upper Keys for a Youth Club. Catriona Rawson,
Director of the Upper Keys Youth Association, Inc. , addressed the
Board. After discussion, motion was made by Commissioner Cheal 41
and seconded by Commissioner Reich to cease negotiations on the
three (3) Upper Keys Youth Club proposed properties. Motion
carried unanimously.
County Administrator, Tom Brown, and County
Administrator Designee, James Roberts, discussed the approval of
a Consulting Agreement with Arthur J. French, Jr. , to review,
analyze and make recommendations for improving the efficiency,
fiscal accountability and operational effectiveness of the Monroe
County Volunteer Fire Rescue Services. Paul Galloway,
representing the Stock Island Volunteer Fire Department, Mickey
Feiner, and Randy Mearns of the Marathon Fire & Rescue addressed
the Board. After Board discussion, motion was made by
Commissioner Cheal and seconded by Commissioner Freeman
authorizing the execution of a Consulting Agreement between
Monroe County and Arthur J. French, Jr. , with the following
amendments and subject to review of the independent contractor
status:
Page 2, add an additional sentence at the end of the
second paragraph as follows: CONSULTANT shall also review
studies that have previously been completed for Fire & Rescue
Services. Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich Yes
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Mayor London Yes
Motion carried.
PUBLIC HEARINGS
A Public Hearing was held concerning an Ordinance
amending Sec. 6-68 (a) in. order to establish a time limitation on
the initiation of disciplinary actions; Providing for
severability; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County
Code; and Providing an effective date. Motion was made by Mayor
London and seconded by Commissioner Freeman to read by title
only. Motion carried unanimously. County Attorney, Randy
Ludacer, 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. Motion carried
unanimously.
ORDINANCE NO. 033-1993
See Ord. Book No. 31 which is incorporated herein by reference.
A Public Hearing was held concerning an Ordinance
„✓i' amending Ordinance No. 031-1992 and Section 6-40, Monroe County
Code; Providing that a Building Permit be required for each
principal structure prior to construction; Providing for
compliance with the Dwelling Unit Allocation Ordinance; Providing
for expiration of building permits older than five (5) years;
Providing for completion of structures which have received an
approved framing inspection; Providing for declaration of Public
Nuisance and requiring the completion or removal of principal
structure(s) which have not received a Certificate of Occupancy
within one (1) year of an approved framing inspection; Providing
that the provisions of this Ordinance shall control over any
inconsistent provisions of the Monroe County Code; Providing for
severability; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe Code; and
Providing an effective date. County Attorney Randy Ludacer read
by title only. There was no public input. Special Litigation
Counsel, Jim Hendrick suggested the following changes be made in
the proposed Ordinance:
Page 2, Section 1. (b) add the additional category:
Category New Application Fee
Mobile Homes Exempt
Page 3, Section 1. the second paragraph from the bottom
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of the page:
replace " (see Section (b) above) " with " (see Section
(c) above) in the paragraph.
Page 4, at the top of the page, replace "subsection
(c) " with "subsection (d) " at the end of the paragraph.
Page 4, paragraph 1, insert the words "for the first
"required inspection", between the words "from either (1) " and
"the date work was required to begin", and insert the words "for
subsequent "required inspections", between the words "or (2) " and
from the date of the last approved "required inspection", at the
end of the paragraph.
Page 4, paragraph 2, insert the words "final roofing"
between the words "roof trusses/sheathing;" and "framing", in the
paragraph.
Page 4, paragraph 3 , replace "subsection (d) " with
"subsection (e) , at the end of the paragraph.
Page 5, at the top of the page, insert the word
"Unsafe" between the words "Standard" and "Building Abatement
Code" at the end of the paragraph.
I
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to continue this item to the November 9,
1993, Board of County Commissioner's Meeting, 3 : 00 P.M. , at Old
City Hall in Key West. Motion carried unanimously.
A Public Hearing was held to consider a Budget
Amendment to the Fine & Forfeiture Fund #101 for Fiscal Year
1994. There was no public input. Motion was made by
Commissioner Cheal and seconded by Commissioner Freeman to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 392-1993
See Res. Book No. 118 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, and Special
Litigation Counsel, Jim Hendrick, discussed the Land Development
Regulations process and informed the Board of the upcoming public
meetings being held by the Department of Community Affairs on
November 2, 3, and 4, 1993 .
Mr. Hendrick discussed the status the Florida Keys
Marine v. Monroe County, DeCarion, Curry, Twin Harbors, Galleon
Bay, and Kawama cases. Mr. Hendrick also discussed the status of
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the City of Key West' s Comprehensive Land Use Plan, and Monroe
County's Comprehensive Land Use Plan.
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich granting approval of the Parks and Recreation
Board's recommendation to enter into a Lease with the Big Coppitt
Volunteer Fire Department for the use of Lots 5 & 3, Block 4,
Amended Plat of Coppitt Subdivision for the purposes of
recreation and directing the County to prepare a Lease Agreement
with the Big Coppitt Volunteer Fire Department. Motion carried
unanimously.
Mr. Herman discussed a letter that he received from the
Department of Community Affairs concerning a proposed Memorandum
of Agreement regarding Channel Marking and Dock Appeals. Motion
was made by Commissioner Reich and seconded by Commissioner
Harvey authorizing approval to execute the Memorandum of
Agreement between Monroe County and the Department of Community
Affairs, with the following amendments.
Page 2, Section 2 . Channel Marking, add the words "as
funding is made available by the State of Florida", at the end of
the sentence in the paragraph.
Page 2, Section 3 . Dismissal of Appeals, replace the
1 ; words "have approved" with the words "has reviewed an application
for" in the paragraph.
Page 3, at the top of the page, replace the words "has
executed" with the words "is willing to" in the paragraph. Roll
call vote was taken with the following results:
Commissioner Cheal No
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to continue the following Agenda items to the
next day's Board Meeting, October 20, 1993 :
Agenda Item F1 County Administrator's Report.
Agenda Item F4 Discussion concerning scheduling a
Monroe County Commission -
Management Staff Seminar to develop
long range goals and objectives for
providing public services in Monroe
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County.
Agenda Item F5 Consideration of amending the
Monroe County Board of County
Commissioners Administrative
Policies to clarify the policy for
verbally adding items to the
regular meeting's agenda.
Agenda Item F6 Discussion of changing the Monroe
County Board of County
Commissioners' December 1, 1993 ,
meeting date so as to not conflict
with the Florida Association of
Counties 1994 Legislative
Conference to be held December 1-3,
1993.
Agenda Item F7 Approval to execute a renewed
Professional Services Order with
PBS&J for general consulting
professional services for the
Smathers Beach Renourishment and
White Street Pier Mitigation
Projects.
Agenda Item F8 Appointment to the Tourist
Development Council.
Agenda Item F9 Request for an exception to the
Monroe County Code to allow
temporary overnight RV camping on
church property on November 14- 20,
1993 , in support of the Habitat for
Humanity Upper Keys Blitz-Building
project.
Agenda Item F10 Approval for payment of itemized
invoice/bill.
Agenda Item I1 County Attorney's Report.
Agenda Item I4 Request for payment of expenses and
attorney's fees in the case of
Nancy L. Snowman v. BOCC.
Agenda Item I5 Resolution concerning federal
unfunded mandates and supporting
"National Unfunded Mandates Day. "
Agenda Item I6 Resolution requesting the Chief
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Judge to modify his administrative
order concerning "venue" within the
County by requiring all actions
filed by or against Monroe County
and other County governmental
entities to be filed and tried in
the County seat.
Agenda Item I7 Report on Government-In-The-
Sunshine Law.
Agenda Item I8 Resolution of the Board of County
Commissioner requesting the
President of the United States to
direct the Department of Defense to
provide early detection coverage to
the residents of the Florida Keys.
Motion carried unanimously.
There being no further business, the meeting was
adjourned.
)
Clerk to the Board of County
Commissioners of Monroe County
a9014.1. C. la1044
Deputy Clerk