11/09/1993 Regular 93/483
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, November 9, 1993
Key West
An Organizational Meeting of the Monroe County Board of
County Commissioners convened at 10: 00 A.M. , with the Regular
Meeting convening at 10:30 A.M. on the above date, at Old City
Hall. Present and answering to roll call were Commissioners,
Earl Cheal, Shirley Freeman, Wilhelmina Harvey, 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.
ORGANIZATIONAL MEETING
The Board proceeded with the selection of the Chairman
and Vice-Chairman of the Board. Commissioner Freeman nominated
Mayor Jack London as Chairman of the Board. Commissioner Harvey
nominated Commissioner Cheal as Chairman of the Board. Motion
was made by Commissioner Harvey and seconded by Commissioner
Cheal to close the nominations. Motion carried unanimously.
The Board proceeded to ballot on the two nominees with
the following results:
Cheal Freeman Harvey Reich London Total
London 2 1 2 1 1 7
Cheal 1 2 1 2 2 8
Pursuant to the Board's policy, the nominee with the
lowest point total is selected. The Clerk announced that Mayor
Jack London was elected as Chairman of the Board of County
Commissioner's for the ensuing year.
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The Board then proceeded with the selection of the
Vice-Chairman of the Board. Commissioner Harvey nominated
Commissioner Cheal. Mayor London nominated Commissioner Shirley
Freeman. Motion was made by Commissioner Harvey and seconded by
Mayor London to close the nominations. Motion carried
unanimously.
The Board proceeded to ballot on the two nominees with
the following results:
Cheal Freeman Harvey Reich London Total
Cheal 1 2 1 1 2 7
Freeman 2 1 2 2 1 8
The Clerk announced that Commissioner Cheal was elected
as Vice-Chairman of the Board of County Commissioner's for the
ensuing year.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to adopt the following Resolution designating
Mayor and Mayor Pro-Tem for 1993-94. Motion carried unanimously.
RESOLUTION NO. 450-1993
y See Res. Book No. 118 which is incorporated herein by reference.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey to adopt the following Resolution concerning
signatures on warrants, legal documents and other necessary
documents, etc. Motion carried unanimously.
RESOLUTION NO. 451-1993
See Res. Book No. 118 which is incorporated herein by reference.
There being no further business, the Organization
Meeting was adjourned.
REGULAR MEETING
Mayor Jack London excused himself from the Meeting.
Motion was made by Commissioner Freeman and seconded by
Commissioner Harvey to approve Additions, Corrections and
Deletions to the Agenda. Motion carried unanimously, with Mayor
London not present.
BULK APPROVALS
Motion was made by Commissioner Harvey and seconded by
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Commissioner Reich granting approval of the Parks and Recreation
Board's recommendation to support the Board of County
Commissioners' decision to seek appraisals and negotiate for the
Tucker Property on Big Coppitt Key. Motion carried unanimously,
with Mayor London not present.
Mayor Pro-tem Cheal discussed a Park and Recreation
Committee Meeting being held on November 22, 1993 at the Marathon
Library at 6: 00 P.M. Motion was made by Mayor Pro-Tem Cheal and
seconded by Commissioner Reich granting approval of the Parks and
Recreation Board recommendation to support the Board of County
Commissioners ' decision to seek appraisals and negotiate for the
Allen Property in Marathon and recommendation to purchase the
property. Motion carried unanimously, with Mayor London not
present.
Motion was made by Commissioner Freeman and seconded by
Commissioner Harvey directing Staff to pursue several options for
the layout of the new park. Motion carried unanimously, with
Mayor London not present.
GROWTH MANAGEMENT
Growth Management Director, Bob Herman and Special
Litigation Counsel, Jim Hendrick, addressed the Board concerning
the 4-foot dock rule cases and a Key Haven code enforcement case.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey directing Mr. Kirwan to defend the case of
Key Haven Civic Association v. The Monroe County Code Enforcement
Board. Motion carried unanimously, with Mayor London not
present.
Mr. Hendrick discussed the Florentino Gonzalez/Cook's
Island case. The Board directed Mr. Hendrick to continue
negotiations for the settlement of this case.
Mayor London re-entered the Meeting.
SOUNDING BOARD
John Fuhrmeister addressed the Board requesting a
variance from standard permitting procedures. Special Litigation
Counsel, Jim Hendrick, addressed the Board. Motion was made by
Commissioner Harvey and seconded by Commissioner Freeman to defer
this item until the afternoon. Motion carried unanimously.
Patrick Knox addressed the Board concerning teaching
tennis at Clarence S. Higgs Memorial Beach Tennis Courts. No
official action was taken.
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Jose M. Garcia, owner of J.M. Garcia, Inc. , General
Contractor, addressed the Board, concerning the Peninsula at Key
Largo Project. Growth Management Director, Bob Herman, and
Special Litigation Counsel Jim Hendrick, addressed the Board. No
official action was taken.
Dante Capas, representing Diversified Services Company,
Inc. , addressed the Board concerning sealed bids for janitorial
services at the Monroe County Courthouse, the Monroe County
Courthouse Annex and the Guardian Ad Litem Building. Public
Works Director, Dent Pierce, addressed the Board. This matter
was referred to Staff.
Eddie Cerra, addressed the Board concerning Mr. Eugenio
Fernandez ' letter dated November 3, 1993 , concerning his
application in regards to his property located at Lot 35, Sunset
Acres, Key Largo, Florida. Special Litigation Counsel, Jim
Hendrick addressed the Board. No official action was taken.
GROWTH MANAGEMENT
A Public Workshop was held concerning an Ordinance
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 that 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 provision of this Ordinance shall control over any
inconsistent provisions of the Monroe County Code; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code; and Providing an effective date. Growth
Management Director, Bob Herman; Building Official, Herb Rabin;
Marine Resources Director, George Garrett; and Planning Director,
Lorenzo Aghemo, addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Harvey directing
Staff to create a variance procedure to allow extension of
building permits notwithstanding the literal provisions of
Ordinance Nos. 031 and 032-1992 . Motion carried unanimously.
Donald Craig, Bill Cullen, Eddie Cerra, Dona Merritt,
and Walter Carson, President of the Florida Keys Contractor's
Association, addressed the Board.
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PUBLIC HEARINGS
The continuation of a Public Hearing was held to
consider an Ordinance 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
that 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 provision of this
Ordinance shall control over any inconsistent provisions of the
Monroe County Code; Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code; and Providing an
effective date. County Attorney, Randy Ludacer, read by title
only. John C. Fuhrmeister, Walter Carson, President of the
Florida Keys Contractors Association; Dona Merritt, Bill Cullen,
Robert P. Mullane, Eddie Cerra, and Growth Management Director,
Bob Herman, addressed the Board. Motion was made by Commissioner
Cheal and seconded by Commissioner Freeman approving the
following Staff recommendation as Amended and Variance Procedure,
to be placed in final form for the next Key Largo Public Hearing
scheduled for November 29, 1993 . Said Amendment document titled
Suggested additional changes to "Ordinance Amending Ordinance No.
0231-1992 and Section 6-40, Monroe County Code" and Variance
Procedure are attached hereto and made a part hereof.
2 . Page 4, Section (e) , Paragraphs 1 and 2 :
To Read Instead:
Insert the words "as to the initial inspection, "
between the words "measured from either (1) " and
"the date the work was" and "as to inspections
subsequent to the initial inspecting" between the
words "to begin, or (2) " and "from the date of" in
the paragraph.
Roll call vote was unanimous.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey directing the Building Department to extend
Mrs. Miriam Rivera's Permit "91-1-3746 for one (1) year. Motion
carried unanimously.
A Public Hearing was held concerning the adoption of
the Resolution renouncing and disclaiming any right of the County
and the Public in and to a portion of Jolly Roger Drive, Jolly
Roger Estates, Little Torch Key, Monroe County, Florida. There
REVISED
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was no public input. Motion was made by Commissioner Cheal and
seconded by Commissioner Freeman to adopt the following
Resolution. Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Public Works Director, Dent Pierce, addressed the
Board.
RESOLUTION NO. 452-1993
See Res. Book No. 118 which is incorporated herein by reference.
A Public Hearing was held to consider the adoption of
an Ordinance creating Chapter 2 .4, Monroe County Code, in order
to provide for definitions; Providing that a five percent
preference for local business enterprises may be given by the
County Commission in the award of Contracts for the purchase of
goods, services, or construction of capital improvements, above
the bid of the lowest nonlocal responsible bidder; Providing for
exceptions; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation into the Monroe County
Code; and Providing an effective date. County Attorney, Randy
Ludacer, read by title only. Bill Smith, President of the
Florida Keys Contractors Association addressed the Board. Motion
was made by Commissioner Harvey and seconded by Commissioner
Reich to continue to the next scheduled Public Hearing. Motion
carried unanimously.
COMMUNITY SERVICES DIVISION
Community Services Director, Peter Horton; Architects
Wayne Jessup and Sienna Leon; Michael Miller, David Ethridge,
Bill Smith, President of the Florida Keys Contractor's
Association; and Bud Caldwell of Volkert and Associates,
addressed the Board concerning the evaluation of a suggested
alternative airport design for the Key West International Airport
as presented by Architects Wayne Jessup and Sienna Leon at the
Board meeting of September 7, 1993 . Motion was made by Mayor
London and seconded by Commissioner Harvey directing the airport
Architects to come back with renderings reflecting the Art Deco
or other Caribbean Designs, and designs that reflect the ambiance
of Key West. Roll call vote was taken with the following
results:
93/489
Commissioner Cheal No
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
COMMISSIONERS' ITEMS
Monroe County School Superintendent, Dr. Robert Walker,
and Growth Management Director, Bob Herman, discussed a Sugarloaf
School site. Motion was made by Mayor London and seconded by
Commissioner Freeman directing Staff and the County Attorney to
come back with recommendations as to how the County can help the
Monroe County District School Board realize its' goals in
reference to siting of schools. Roll call vote was unanimous.
GROWTH MANAGEMENT
Attorney Ralph Brooks, representing Monroe County and
Planning Director, Lorenzo Aghemo, addressed the Board concerning
an Appeal filed by Si and Rebecca Stern and Dr. Barry Jacobs of
the decision by the Director of Planning granting a variance to
Article III - Noise Control; Monroe County Code to Omega Sector,
Inc. , for the property described as State Road 4A, Section 14,
Township 67S, Range 27E, Lower Sugarloaf Key.
The following individuals addressed the Board:
Tom Moore, Dr. Barry Jacobs, Donald Craig of The Craig
Company and representing Omega Sector, Inc. ; and Colette Hailey,
representing Omega Sector, Inc. .
Tom Moore and Dr. Barry Jacobs offered their rebuttal.
Attorney Ralph Brooks; movie producer Stephanie Austin,
Director Lorenzo Aghemo: and Code Enforcement Director, Mary
Arnold, addressed the Board. Motion was made by Mayor London and
seconded by Commissioner Reich to uphold the Director of
Planning's recommendation, with the following Project
Modifications and Conditions as submitted by the applicant and
subject to a review of the insurance provisions. Said Project
Modifications and Conditions are attached hereto and made a part
hereof.
Section 1. Replace the word "Patch" with the
word "Seigal" and insert the words "as described
) on Department of Environmental Protection (DEP)
Permit #442381795 as may be amended" between the
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words "from the Seigel property" and "and will
result in" in the same paragraph.
Roll call vote was unanimous.
Growth Management Director, Bob Herman, Jim Smith of
the South Florida Water Management District and County
Administrator, Tom Brown, addressed the Board. Motion was made
by Commissioner Freeman and seconded by Commissioner Cheal to
adopt the following Resolution to enter into an Agreement with
the South Florida Water Management District for funding to
complete portions of a stormwater master plan. During
discussion, Commissioner Cheal offered the following Amendment:
Page 2 Add the words "WHEREAS, the Florida
Keys have been designated an area of Critical
State Concern, " insert the words "address the
adequacy of present stormwater management
controls with specific review of the impacts
of US#1 and" between the words "The purpose
of the agreement will be to" and "develop
portions of the Monroe County Stormwater
Master Plan, " and deleting the words "as
reflected herein; " at the end of the
sentence.
The maker of the motion accepted the Amendments and they became
part of the original motion. Motion carried unanimously.
RESOLUTION NO. 453-1993
See Res. Book No. 118 which is incorporated herein by reference.
ENVIRONMENTAL MANAGEMENT
Environmental Management Director, Barry Boldissar,
addressed the Board. Motion was made by Commissioner Reich and
seconded by Commissioner Harvey granting authorization to execute
a Restated Agreement between Monroe County and Waste Management,
Inc. , for the processing, hauling and disposal of Monroe County
Solid Waste. Roll call vote was taken with the following
results:
Commissioner Cheal No
Commissioner Freeman No
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Commissioner Cheal excused himself from the meeting.
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PUBLIC HEARING
A Public Hearing was held concerning a Budget Amendment
for the Law Enforcement Trust Fund #600, Fiscal Year 1993 . There
was no public input, Motion was made by Commissioner Reich and
seconded by Commissioner Harvey to adopt the following
Resolution. Motion carried unanimously, with Commissioner Cheal
not present.
RESOLUTION NO. 454-1993
See Res. Book No. 118 which is incorporated herein by reference.
PUBLIC SAFETY DIVISION
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman granting authorization to execute an
Agreement between Monroe County and Miami Audio-Visual Company,
Inc. concerning the Marathon EOC/BOCC Audio Visual System
project. Motion carried unanimously.
GROWTH MANAGEMENT
Growth Management Director, Bob Herman, discussed the
4-foot dock rule and updated the Board on permitting of Sugarloaf
Sound Channel Markers. No official action was taken.
Growth Management Director, Bob Herman, discussed the
Land Development Regulations and Comprehensive Plan adoption
process. No official action was taken.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey granting approval of a Subgrant Award
Acceptance and Agreement with the Department of Community Affairs
for the receipt of $98, 183 . 00 for the Cesspool Identification and
Elimination Project. Motion carried unanimously, with
Commissioner Cheal not present.
RESOLUTION NO. 455-1993
See Res. Book No. 118 which is incorporated herein by reference.
There being no further business, the meeting was
adjourned.
Clerk to the Board of County
Commissioners of Monroe County
zOoctlAti C. C.44,6?"4-14)
Deputy Clerk
•
` _I Suggested additional changes to "Ordinance Amendin
No. 031-1992 and Section 6-40, Monroe County Code" g Ordinance
1. Page 2 , Paragraph 3 : Change "GMD" to "Growth Management Divi-
sion"
2 . Page 4, Section (e) , Paragraphs 1 and 2 :
Mange from;
'The only method by which "timely valid progress" of author-
ized work may be shown is through "the Building having performed and approved a �� Department
with-
in 120 days measured from either )u the date u wok was re-
quired to begin, or (2) from the date of the last approved
Lrequired inspectypn" ,
,
A
n ig
d r i h ' . highliga-
card. '
TQ_ Read rnstea
'The only method by which "timely valid progress" of author-
ized_ work may be shown is through the Building Department
having performed and approved an ingu _rtan_which is ha ah-
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within 120 days measured from either (1 P the date work was
required to begin, or (2) from the date of the last approved
.e lion whi c was higlaii hich i Display
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3 . Page 4, "EXCEPTION" Section;
Chace ro fm„i j
n
'Unless specified otherwise by a current, valid development
order, under no circumstances shall a building permit
.for a er'r,d of arpa+-e,� than f v
Ahal�,____exc5irc aFta;- th ,i Pears. .Np b ui-1 ina em
w st1 ct re fnr which
as rt�c .yed an auriro a ihq.
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'Unless specified otherwise by a current, valid develo
order, under no circumstances shall a building pment
iv g permit
tex - ha nofui]di mit e erth a ur �g _
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4. Page 6, Section 5 :
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Page 2
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VARIANCE
The Board of County Commissioners may, upon application
and public hearing, grant a variance to the limitations set forth
in this Ordinance, upon demonstration and finding that due to one
of the following conditions, the literal enforcement of the
provisions of this Ordinance would constitute a severe and undue
hardship upon the permit holder:
1) Death or incapacity of an owner or immediate
family member of the owner; or
2) Destruction of the permitted improvements, or of
no less than 50% of the value of the permitted
improvements, by act of God or hazard (e.g. fire,
windstorm, flood) .
3) Work stoppage due to bankruptcy of an owner or
construction lender or due to an order issued by a
government agency, when the order did not result
from the owner's or builder's violation of a law,
code, regulation, or condition set forth in a
permit or development order.
The relief granted by variance shall be limited to a
time extension, not to exceed one year, and shall be further
limited to the minimum extension necessary to obviate the
demonstrated hardship.
OMEGA SECTOR SOUND VARIANCE
PROJECT MODIFICATIONS AND CONDITIONS
The following project modifications and additional conditions are necessary for
environmental compliance and scheduling of film production and have been agreed to by Omega
Sector:
1. Movie production will occur on selected dates from November 16 through
December 18, 1993. The discharge of firearms and other simulated explosives will occur on
the Patch property primarily within a 10 day period to be set within these dates. Simulated
miniature explosions will occur at a distance of 650' offshore from the Patch property and will
result in noise of a few seconds in duration and will occur between the hours of 11:00 a.m. to
4:00 p.m. Omega Sector shall notify the public of the specific dates and times of simulated
explosions and use of firearms by posting a schedule on site and within the period of this
variance by notifying persons who have contested this variance by telephone in advance prior
to occurrence. All neighboring property owners who wish to be notified shall register their
names and telephone numbers with the Monroe County Planning Department.
5. The warehouse building shall not be exploded.
6. At all times during filming of special effects and explosions, Monroe County Fire
Department personnel shall be on-site.
7. All debris from special effects and explosions shall be contained on-site, collected
and disposed in accordance with applicable federal, state and local statutes and regulations.
8. No fixed-wing aircraft shall be used at the Patch property, however, helicopters
shall be permitted.
�_, 9. All construction at the Patch property shall occur during daylight hours.
10. An all-risk insurance policy of $5,000,000.00, naming Monroe County as an
additional insured, shall be required.
11. No production shall occur on the Thursday of Thanksgiving, November 25, 1993.
12. The building constructed on the Patch property shall be removed by January 31,
1994.
13. Omega Sector shall obtain a fireworks permit for simulated explosions.
14. All explosions shall take place at, or originate from the ground or ground level.
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