11/22/1994 Regular
94/398
XIIRJ'l'U
01' DB 11000. COUftY
BODD 01' COUl1'1'Y COJOIX88IOlfBRS
Regular Meeting
Board of County Commissioners
Tuesday, November 22, 1994
Key Largo
A Regular Meeting of the Monroe County Board of County
Coaaissioners convened at 1:30 p.m., on the above date, at the
Key Largo Library. Present and answering to roll call were
Co..is.ioners Keith Douglass, Wilhelmina Harvey, Jack London,
Mary Kay ReiCh and Mayor Shirley Freeman. Also present were
Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; Ja.e.
Roberts, County Adainistrator; County Staff, member. of the Pre..
and Radio; and the general public.
All .tood for the Invocation and Pledge of Allegiance.
ADDXl'XO.S, COO.ClIO.S, DBLftXO.S
Motion was made by Commissioner Harvey and seconded by
Comai.sioner Reich granting approval of the Additions,
Correction. and Deletions to the Agenda. Motion carried
unanimou.ly.
BULIt UPROVALS
Motion was made by Mayor Freeman and seconded by
Co..i..ioner Harvey granting approval of the following ite.. by
unanimous consent:
Board granted approval of a Flood Variance Application
by Alan Schmidt for a 600 square foot detached garage enclosure
below bas. flood elevation, for parking only, on property located
on Lot 42, Yacht Harbor, Key Vaca.
Board granted approval of a Flood Variance Application
by 8t.one Bologna for a 516 square foot laterally attached garage
enclosure below ba.e flood elevation, for parking only, on
property located on Lot 12, Bay Colony, Section I, Long Key.
Board granted approval of a flood variance application
by 8ig , Maryann Br.on for a detached 520 square toot garage
enclosure below ba.e flood elevation located on lot 39,
Whi.pering Pine. SUbdivision, Big Pine Key.
)
94/399
GROW'l'Jl KAlfAGEMDr1' DIVISIOH
Board granted approval of staff recommendation to deny
an exeaption from the Dwelling Unit Allocation Ordinance (ROGO)
for Coral Coast SUbdivision.
Board granted approval of a request by the community of
Ocean Re.f to pay a minimum fee of $35.00 for building permits
which require no inspections.
Board grant.d approval of a refund requ.st by Habitat
tor Huaanity, in the amount of $750.00, per Staff Reco...ndation,
for a building permit and ROGO processing fees paid for the
reinstat...nt of expired Permit No. 92-3-7082.
!'OURIS'!' DBVBLoPJID'l' COmrCIL
fund..
Board adopted th. following Resolution tran.ferring
IlBSOLU'l'XO. 110. 3'2-1994
S.. Re.. Book No. 124, which is incorporated her.in by r.t.r.nc..
Board granted approval and authorized .xecution of an
Addenda to Agr...ent betw.en Monroe County and the K.y V..t
CbaIIber ot C~rce to ".nd the Key We.t Cballber ot C~rce TIS
Contract to change the nam. on the South.rn Bell billincJ invoice
troa the K.y Ve.t CbA-.ber of Co....rc. to Monroe County to provide
.xellpt .tatu. relative to the Stat. and Fed.ral tax.. a.aociatect
with the line chang...
Board granted approval and authorized ex.cution ot a
PunclillCJ Agre_nt betw..n Monroe County and the Middl. K.y.
Concert Aa.ociation, Inc., covering the Middl. Key. Concert
S.ri.., January 10, 1995 through March 14, 1995, in an aaount not
to exceed $2,000.00, Fiscal Year 1995, Two P.nny, und.r the
CUltural uabr.lla.
Board granted approval and authoriZed .x.cution ot a
PunclincJ Agr....nt betwe.n Monroe County and the K.y V..t Literary
s..inar, Inc., coverinq the 13th Annual K.y W..t Literary S_inar
and Writ.r. WalJt, Dec-.ber 1994 through May 1995, and advance
prOJlOtion ot the 14th Annual Key W.st Literary s..inar, in an
aaount not to exceed $12,560.00, Fi.cal Year 1995, Two Penny,
under the CUltural Uabrella.
Board granted approval and authoriZed execution ot a
PundilMj Agr.eaent between Monroe County and th. Jlel riah.r'.
Jlarit... Heritage Soci.ty, Inc., covering the Wreck ot the
Renri.t:ta llari. auaeUJI exbibit:ion, Pebruary 15, 1995 tbrOUCJh
94/400
September 8, 1995, in an amount not to exceed $40,000.00, Fiscal
Year 1995, Two Penny, under the CUltural Umbrella.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and the Key Largo Chamber
of Co_erce covering the Island JUbilee, November 9-12, 1995, in
an ..ount not to exceed $15,000.00, Fiscal Year 1995, Two Penny,
under the CUltural Umbrella.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and the Key West Garden
Club covering the Key West Garden Club Tour of Private Gardens,
March 25-26, 1995, in an amount not to exceed $1,500.00, Fiscal
Year 1995, Two Penny, under the CUltural Umbrella.
Board granted approval and authorized execution of an
Agre..ent between Monroe County and Ameurop Travel Service. to
provide multilingual tourist assistance service, in an aaount not
to exceed $18,000.00, Fiscal Year 1995, Two Penny ($9,000.00 fro.
Sale. and Marketing, and $9,000.00 from Reserves for Event.).
Board granted approval and authorized execution of an
Aqre_nt with Cellet Travel Services, Ltd., to provide .ale.
repre.entation .ervice. to promote and adverti.e Key We.t and the
Plorida Key. a. a travel de.tination in the United Kingdo., in an
aaount not to exceed $41,000.00, Fi.cal Year 1995, Two Penny,
Sales and Marketing.
Board granted approval and authorized execution of a
Funding Aqre_nt between Monroe County and the Key We.t CUltural
Pre.ervation Society, covering the I..ge. '95, Decuber 1-3,
1995, in an ..ount not to exceed $6,700.00, Fiscal Year 1995, Two
Penny, under the CUltural Uabrella.
Board granted approval and authorized execution of a
Funding Agre..ent between Monroe County and the Lower Key.
Chaaber of Co...rce covering the Lower Keys Historical Sea Craft
Race and Festival, April 29-30, 1995, in an amount not to exceed
$2,265.00, Fiscal Year 1995, Two Penny, under the CUltural
Ullbrella.
Board adopted the following Resolution waiving
prOhibition against conflict of intere.t for Eric Hathaway a. a
....lIber of the Board of Directors of the Greater Marathon CbA-ber
of Co~ce aerving a. District III Advi.ory Co_ittee JMItber
who.e cham.r is funded by the Monroe County Tourist Developaent
Council (MCTDC) to provide telephone and tourist inforaation
services to the MCTDC.
aB8OL~X~ ~. 3'3-1994
See Re.. Book No. 124, which is incorporated herein by reference.
94/401
Board adopted the following Resolution waiving
prohibition against conflict of interest for Eileen Mason as a
aember of the Board of Directors of the Islamorada Chaaber of
co...rce serving as District IV Advisory Committee aember whose
chaaber is funded by the Monroe County Tourist Development
Council CMCTDC) to provide telephone and tourist information
services to the MCTDC.
uaOLU'lXO. .0. 3'4-1994
See Res. Book No. 124, which is incorporated herein by reference.
Board adopted the following Resolution waiving
probibition against conflict of interest for Chuck Vowels a. a
~~r or the Board of Directors of the Lower Key. Chaaber of
Co-.erce aerving as District II Advisory Comaittee aeaber wbo.e
chaaber i. runded by the Monroe County Tourist Develop.ent
Council CHCTDC) to provide telephone and tourist inforaation
.ervice. to the MCTDC.
uaOLU'l'IO. .0. 3'5-1994
See Res. Book No. 124, wbicb is incorporated herein by reference.
Board adopted the following Resolution waiving
probibition against conflict of interest for paye Bailey as a
-..ber or the Board of Directors of the Key Largo CbaIaber or
C~ce .erving as Di.trict V Advi.ory Comaittee aeaber who.e
cbaaber i. runcted by the Monroe County Tourist DeveloPMnt
council (NCTDC) to provide telephone and tourist inroraation
.ervicea to the MCTDC.
auoLU'l'IOII .0. 3"-1994
See Re.. Book No. 124, wbich i. incorporated herein by reference.
Board adopted the following Resolution waiving
probibition against conflict or interest for Micbael Payton a. a
Il8IIber or the Board of Directors of the Key Largo Cbaaber or
c~ce serving as Di.trict V Advisory Coaaittee "aber wbo.e
cbA.ber i. runcted by the Monroe County Tourist Developaent
Council CNCTDC) to provide telephone and Tourist Inroraation
Servic_ to the MCTDC.
aBSOLU'l'IOII~. 3'7-1994
See Rea. Book No. 124, wbich is incorporated berein by reference.
Board adopted the following Resolution waiving
prohibition against conrlict or interest for Richard Drake a. a
Reaber or t:he Board of Directors of the Xey Largo Chaaber of
~ce serving all Di.trict V Advisory COIIIIittee Jl8Jlber who_
)
94/402
chaaber is tunded by the Monroe County Tourist Development
Council CMCTDC) to provide telephone and tourist information
services to the MCTDC.
.B80LU'l'XOB BO. 3'8-1994
See Res. Book No. 124, which is incorporated herein by reference.
Board adopted the following Resolution waiving
probibition against conflict of interest for Ursula Boll a. a
".her of the Board of Directors of the Key West Cbaaber of
Co.aerce .erving as District 1 Advisory Comaittee aeabar wbose
chUlber i. funded by the Monroe County Tourist Developaent
Council CMCTDC) to provide telephone and tourist inforaation
.ervice. to the MCTDC.
RB80LU'l'IO. BO. 3'9-1994
See Res. Book No. 124, wbicb is incorporated herein by reference.
Board adopted the fOllowing ReSOlution waiving
prohibition against conflict of interest for Bill Broach a. a
-..bar of the Board of Directors of the I.laaorada Cbaaber of
~rce aerving a. District IV Advisory co..ittee llteaber vbo..
t!ha-Mz' i. funded by the Monroe County Touri.t Developaent
Council CMCTDC) to provide telepbone and touri.t inforaation
.ervicea to the MCTDC.
RB80LWIOJI 110. 370-199.
See Re.. Book Ho. 124, wbich is incorporated berein by reference.
Board adopted the following ReSOlution waiving
prohibition aga1nat conflict of interest for Sbannon Powell a. a
-..bar of the Board of Director. of the Greater Marathon Q"'.ber
of ~ce aerving a. Di.trict III Adviaory Coaittee -.aber
vboae cb..ber i. funded by the Monroe County Touri.t DeveloPJl8n~
Council CMC'1'DC) to provide telepbone and touri.t inforaation
.ervice. to the MCTDC.
RBSOLWIOJI 110. 371-199.
See Re.. Book No. 124, which i. incorporated berein by reference.
8BD%n'. DD~
Board granted approval of expendi~ur.. fro. the Law
Bnfor~nt 'l'ruat Fund, in the total aJIOunt of $17,258.08 to be
applied _ followa:
$10,034.08 to purcha.. protective gear for the .even
-..bar. of a Corrections Response Teall.
94/.03
$6,325.00 to purchase three IBM ThinkPad subnotebook
computers, fax modems and additional memory capacity to
be assigned to Special Operations Unit.
$899.00 to purchase DARE and safety related prograa
aaterial consisting of literature, coloring book.,
crayons, erasers and rulers. This material to be
issued to deputies to distribute to children who they
encounter in the course of their duties.
Board granted approval of a request for return of
excessive fund. to be applied to Capital Expenditure. for Fiscal
Year 1994/95.
Board granted approval to advertise an Ordinance of the
Board of County Comais.ioners of Monroe County, Florida, i.po.ing
a .urebarge of twelve dollars and fifty cents ($12.50) for aoving
traffic violation. with the proceeds to be used to fund Monroe
County'. participation in an Intergovernment Radio Ccmaunication
Progru, providing for severability; providing for repeal of all
Ordinance. inconai.tent herewith; providing for incorporation
into the Monroe County Code; and prOViding an effective date.
Motion carried unaniaously.
U8CV,LaIIBOU8
Mr. Ludacer and Mark Rosch, Director of the Monroe
County Land Authority, addres.ed the Board. Motion wa. aade by
eo.ai..ioner Douglass and seconded by Coaissioner Reieb grantIng
approval anc:l authorizing execution of a Contract for Sale and
Pureba.. between Monroe County and Coconut Grove Bank, Tru.tee
under Land Tru.t No. 20-078-01, for the purcha.e of Lot. 312
through 325, 328 through 353, and 355 through 384, all incluaive,
Port Largo SUbcli vi.ion Fourth Addition, in the aJaOunt of
$1,700,000.00; and execution of a Contract for Sale and Pureha.e
between Monroe County and Marr Resort Propertie., Inc., for the
pureha.. of Iota 326, 327 and 354, Port Largo SUbclivi.ion Fourth
Adclition, in the aaount of $225,000.00. Motion carried
unanbaoualy.
* * * * *
DInucsa 11
LOUR &lID JlIDDLB an. 1'0. UD AlDUL&1ICB DI8ftXcsa
1an~.D ~ CI09DIIOIUI
The Board of Governors of District 11 Lover and Middle
Key. Pire and Aabulance District convened. Praaant and answering
to roll call were Jlayor S-.uel J. Peiner, Ccmai..ioner Xei th
Dougla.., Jlayor Shirley Freeaan, eo.ai..ionar Hal Halenaa and
Jlayor Pro t_ London who is aarving as Mayor Pro t_ for Spacial
Dis1:r ict 1.
REVISED
(- 94/404
Motion was made by Commissioner London and seconded by
Mayor Freeman granting approval to purchase one Type I walk-thru
ambulance from Southern Ambulance Builders, Inc. , in the amount
of $75,486.00, plus the price differential for a 1995 chassis,
and waiving the Purchasing Policies and Procedures. Motion
carried unanimously.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
The Board of County Commissioners reconvened.
MISCELLANEOUS
Judson Freeman, Jr. , Esq. ,Bond Counsel with Squire,
Sanders & Dempsey, and John Jenkins, Esq. , representing the North
Key Largo Utility Corporation addressed the Board. Motion was
made by Commissioner Reich and seconded by Commissioner Douglass
to adopt the following revised Resolution approving, pursuant to
the requirements of Section 147 (f) of the Internal Revenue Code
of 1986, as amended, but subject to certain state law findings,
the issuance by Monroe County, Florida, of its Industrial
Development Revenue Bonds (North Key Largo Utility Corp.
Project) , Series 1994, in an ag
gregate) , principal amount not
exceeding $3,400, 000, for the purpose of financing all or part of
the cost of acquisition of the wastewater treatment plant of
Ocean Reef Club, Inc. , and the construction of an expansion to
that plant; authorizing application for State Bond Volume Cap
Allocation for such bonds; and providing an effective date. Roll
call vote was unanimous.
RESOLUTION NO. 372-1994
See Res. Book No. 124, which is incorporated herein by reference.
PUBLIC HEARINGS
A Public Hearing was held to consider a Development
Agreement affecting Pumpkin Key. Richard A. Pettigrew,
representing Terra Cotta Realty, addressed the Board. Bob
Herman, Director of Growth Management, addressed the Board.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to adopt the following Resolution granting
approval and authorizing execution of a Development Agreement
between Monroe County, the Florida Department of Community
Affairs, and Terra Cotta Realty, affecting Pumpkin Key. Motion
carried unanimously.
RESOLUTION NO. 372A-1994
See Res. Book No. 124, which is incorporated herein by reference.
94/405
A Public Hearing was held to consider the adoption of a
Resolution concerning abandonment of a portion of Shore land
Drive, Anglers Park Shores SUbdivision, Key Largo. There was no
public input. Motion was made by Commissioner Reich and seconded
by co..i.sioner London to adopt the following Resolution
renouncing and disclaiming any right of the County and the public
in and to a portion of Shoreland Drive, Anglers Park Shores
Subdivision, Key Largo, Monroe County, Florida. Motion carried
unaniJlOusly.
USOLU'1'IO. .0. 373-1994
See Res. Book No. 124, which is incorporated herein by reference.
A Public Hearing was held to consider the i..uance of
Industrial Development Revenue Bonds for the acqui.ition of the
Wa.tewater Treatment Plant currently owned by the Ocean Reef Club
for the benefit of North Key Largo Utility Corporation. David
Ritz, representing the Ocean Reef Community Association,
addre.aed the Board. Motion was made by Commis.ioner Reich and
.econded by Co.-issioner Harvey granting approval of the is.uance
of not exceeding $3,400,000.00 Industrial Develop.ent Revenue
Bonda for the acquisition of the Wastewater Treataent Plant
currently owned by the Ocean Reef Club for the benefit of North
Key Largo utility Corporation. Motion carried unaniJlOualy.
XISCBLLUBOU8
Jame. Roberta, County Administrator, addre..ed the
Board. Motion was ..de by COJDJIissioner Harvey and .econded by
C~ia.ioner Douglass to approve, in concept, the reque.t by the
Florida Depart.ent of State to create a Sesquicentennial
co.ai..ion C~ittee for Monroe County. Motion carried
unaniJaoualy. Motion wa. aade by Mayor Fre8Jlan 'and .econded by
Co.ai..ioner Harvey to appoint a ten member co..ittee with two
appointees for each County COJDJIissioner for the Sesquicentennial
Co..i..ion Co..ittee. Motion carried unanimously.
co..is.ioner London nominated Keith Dougla.. a. the
Co.ai..ion's appointment to the Monroe County Juvenile Juatice
Council. co.ais.ioner Reich nominated co..issioner Harvey.
Co.ai.aioner Harvey declined the nomination and Co..i..ioner
Douglass was confirmed as the Board's appointee.
Motion vas aade by Co_issioner ReiCh and .econded by
C~i.aioner Harvey to re-agenda it.. G-5 which waa approved in
bulk r8CJarcling the approval of staff reco...ndation to deny an
ex.-ption fro. the Dwelling Unit Allocation Ordinance (ROGO) for
Coral COast SUbdivi.ion. Motion carried unanimously.
94/40'
Bob Apgar, Esq., addressed the Board and gave an update
on the Comprehensive Plan administrative hearings.
Ji. Hendrick, Esq., addressed the Board concerning Twin
HarborS/Key Largo Bay Beach Resort. Motion was made by
C~issioner London and seconded by Commissioner Douglass to
acc.pt the offer of $5,000.00 settlement from Key Largo Bay Beach
Resort including the issuance of a permit for sound-proofing and
complete enclosure of approximately 147 square fe.t at K.y Largo
Bay Beach Resort. Roll call vote was unanimous.
Mr. Hendrick discussed a letter from attorney Al
Frigola conc.rning Holiday Isle litigation Cod. Enforc...nt
ca.e.. The Board discussed the method of prosecuting Code
Bnforc...nt cases generally. Motion was made by Co..i..ioner
London and .econded by COIDIDissioner Douglass directing the County
Attorn.y to give r.co..endations back to the Board regarding the
po..ibility and m.thods of taking Cod. Enforcement ca..s directly
to County Court. Roll call vote was taken with the following
r..ults:
Co..ission.r Douglass
Co..is.ion.r Harvey
co..ission.r London
Co..is.ion.r Reich
Mayor Shirley Fr....n
Motion carried.
Mr. Hendrick discussed vacation rental./re.ort
dwelling. and the case of Romanov, .t.al. v.. Monroe County.
Motion wa. Jlad. by co_is.ioner London and seconded by
Co..i.sioner Reich directing the Code Enforcement Attorney, Garth
Coller, to proceed with the defense of the cas. of ROJlanov v..
Monroe County and also dir.cting staff to begin working on LOR'.
as th.y relate to transient rentals. Motion carried unani~u.ly.
Y.s
Ye.
Yes
No
Y..
Mr. Hendrick discu.sed the City of Key We.t
Co.prehelllliv. Land Us. Plan approval proce.. and the appeal by
Monroe County. Mr. Hendrick stated that he will proceed in the
direction of trying to re.olve the di.pute between the City and
the COunty after the County's Comprehenaive Land Use Plan has
been approved by the Gov.rnor and the Cabinet.
Mr. Hendrick discussed the Shaddick cas. conc.rning a
teaporary taking and an upco.ing Mediation Hearing on the ca.e.
Mr. lIenc:lrick indicated that the pr.senc. of a County Co..issioner
at the Mediation Hearing would be d.sirable. Co..i..ioner London
volunteered to attend the Hearing.
Bob Herman discu..ed the selection of a date for a
joint _tine) between the Board, the Planning Co_i..ion, and the
Department of Co_unity Affairs regarding the Principle. for
94/407
Guidinq DevPlopment. No official action was taken.
Bob Herman and Roger Braun, Director of the Monroe
County Housinq Authority, addressed the Board. Motion was made
by Co..issioner Harvey and seconded by Commissioner Reich to
adopt the followinq Resolution directinq staff to prepare the
applicable adainistrative and policy chanqes required to permit
the successful utilization of the County's Dwellinq Unit
Allocation Affordable Residential Permit Allocation System for
the very low to moderate income residents of Monroe County.
Motion carried unanimously.
"SOLUTXO. .0. 374-1994
See Res. Book No. 124, which is incorporated herein by reference.
Motion was made by Commissioner London and seconded by
Commissioner ReiCh grantinq approval of staff recommendation
reque.ting a 60 day extension of ROGO Affordable Hou.ing Per.it
Allocation, to permit the applicant (Izaquirre) adequate ti.e to
obtain first mortgage financing commitment based upon the Board's
pending action for first mortgage subordination to an
in.titutional lender. Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded by
Co..i..ioner ReiCh to reconsider and place back on the Agenda
It.. G-7, approved in bulk, qranting approval of a refund reque.t
for Habitat for Huaanity, in the amount of $750.00 for a building
per.it and ROGO proce.sinq fees paid for the rein.tate.ent of
expired Per.it No. 92-3-7082. Motion carried unaniaou.ly.
Atorney Jim Mattson, representing Lamar Louise CUrry,
and Land Use Attorney Jim Hendrick addressed the Board. Motion
was made by Mayor Freeman and seconded by Commissioner Douglas.
to approve staff recommendation to deny an exemption fro. the
Dwelling Unit Allocation Ordinance (ROGO) for Coral Coast
Subdivision. Roll call vote was taken with the following
results:
Commissioner Douqlass Yes
Commissioner Harvey Yes
Co..issioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
Mr. Herman addressed the Board. Motion was aade by
Commissioner Reich and seconded by Commissioner Douqlas8 to
approve the refund in the amount of $1,309.98 for a building
permit and ROGO processing fees paid for the reinstateaent of
94/40.
expired Pe~it No. 92-3-7082 for Habitat for Humanity. Roll call
vote was taken with the following results:
Commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
Yes
Yes
Absent
Yes
Yes
Motion carried with Commissioner London not present.
Motion was made by Commissioner Reich and s.conded by
Co..i.sioner Harvey to amend Monroe County Code Section 6-42 to
include non-profit organizations as approved by the Board of
County Coaal..ioners. Roll call vote was tak.n with the
following results:
Co..i..ion.r Douglass
Co..i..ion.r Harv.y
Co..i..ion.r London
Co..i..ion.r Reich
Mayor Fre_an
Y..
y.s
Absent
Y..
y..
Motion carried with Co..ission.r London not pre.ent.
Randy Ludacer, County Attorn.y, di.cus.ed a Reaolution
e.tabli.hing the general requir...nt. for roofing ..terial.,
applicationa, acce..orie., roof .ount equipaent and inapectiona
and reque.ted that it be withdrawn frOll con.ideration. 1Ir.
Heraan addre..ed the Board. Bill SlIith, repre.enting the Florida
Key. Contractor. As.ociation addre..ed the Board. Bob Hail.tone
addr...ed the Board. Motion wa. aade by Mayor Fr....n and
.econded by coaaissioner London granting approval to adopt the
following Resolution ..ended to r.ad: A Resolution e.tabli.hing
advlso~ general requirements for roofing aaterials,
application., accessorie., roof mount.d equipment and
in.pection.. Motion carried unanimouslYi
"'OL~X~ .0. 375-1994
See Res. Book No. 124, which i. incorporated h.rein by referenc..
COJOI1JJa'l'Y saVIeBS
ThoJaas Pope, Architect for the proposed addition to the
Zsla~rada Branch Library, and Peter Horton, Co..unity Service.
Dir.ctor, addressed the Co..ission. Motion was made by
Co..issloner Harvey and seconded by Co..issioner Douglas. to
approve the final design for the .eeting rooa/hurricane refug. at
the Zslaaorada Branch Library. Motion carried unaniaously.
94/409
GaOnB XAnGBHDIT DIVI8XO.
Motion was made by Commissioner London and seconded by
Co..issioner Harvey granting approval ot Staft recommendation for
a variance to permit expiration under Section l(f) (4) of
Ordinance No. 013-1994 for Permit No. C-20522, originally i.sued
on Septeaber 22, 1986 to Jim Amos, a previous owner, for a .ingle
faaily re.idence at Key Largo Ocean Shores. Motion carried
unaniJlOusly.
Motion was made by Commissioner Reich and seconded by
Co..issioner Harvey to postpone to the next Key Largo ..eting the
approval of a request for a variance to permit expiration under
S.ction l(f) (3) of Ordinance No. 013-1994 for P.rmit. No. C20107,
C20453, C20455, C20456, C20457, C20464, C20467, C20489, C20492
and C20497 i..ued on Septeaber 30, 1986 (except for C20107 i..Ued
8/12/86) to C. P. Alfon.o for Sunland Eatate., Inc., for .ingl.
faaily r..id.nc.. at Lot. 1, 2, 4, 6, 10, 11, 13, 15, and 20, J.
R.T. Bubdivi.ion, Key Largo and approval of a requ..t for a
varianc. to permit expiration under Section 1(f)(3) of Ordinance
No. 013-1994 for Permit No. C20453 issUed on Septeaber 30, 1986
to C. P. Alfonso for Sunland Estates, Inc., for a single faaily
r..id.nc. at Lot 1, J.H.T. Subdivision, Key Largo. Motion
carried unaniJlOusly.
Motion was aade by co..i.sioner London and .econded by
Mayor rr....n granting approval to advertise an Ordinanc.
r.vi.inq Monroe County Cod., Section 6-55 to bring the ..ction
into c~plianc. with the .tate .tatute., exeapting from lic.n.ur.
own.r. of property when acting as their own contractor in
providing aaterial .upervision; revising the .xeaption to apply
to one-faaily or two-faaily residences and co..ercial buildings
at a cost of under $25,000; providing for the exeaption not be
available within one year of completing a structure built und.r
this exeaption; providing for severability; providing for the
repeal of all ordinances inconsistent herewith; prOViding for
incorporation into the Monroe County Code of Ordinance.; and
providing an effective date. Motion carried unanimou.ly.
Motion was .ade by Commissioner London and seconded by
co..issioner Douglass to adopt the following Resolution adopting
Plorida Adainistrative Code provisions tor local diSCiplinary
actions to be used by the Contractors Examining Board in
conducting diSCiplinary actions. Motion carried unanimously.
auoLU'I'XOJf .0. 37'-1994
See Res. Book No. 124, which is incorporated herein by reterence.
PUBLXC RBUI.OS
94/410
A Public Hearing was held on a proposed amendment to
the Land Us. District Map for applicants Robert M. Ballinger, who
requ..t. a zoning change fro. Suburban Residential (SR) to
I.proved Subdivision (IS) for Lot 2, Block 7, Bay Hav.n
SUbdivi.ion, S.ction 3, Key Largo. Bob Herman and Holly Larson
addre..ed the Board. George Ancheta, Robert SJli th, repr.s.nting
1Ir. Balling.r, and Holly Larson address.d the Board. Motion was
made by C~i.sion.r London and seconded by Mayor Fr....n to
approve Staff recoaaendation denying the proposed aaenc:lJlent and
adopting the following Resolution d.nying a Land U.. District Map
~t changing the Land U.e De.ignation for the Robert M.
Ballinger property legally d.scribed as Lot 2, BlocJc 7, Bay Hav.n
SUbdivi.ion S.ction 3, K.y Largo, Monroe County, Plorida, fro.
SUburban Re.id.ntial (SR) to I.proved Subdivi.ion (IS). Roll
call vote va. tak.n with the following result.:
Co..i.sioner Douglass
Co..i.sioner Harv.y
C~i..ion.r London
Co..i.sioner Reich
Mayor Fr....n
Motion carried.
Yes
No
Y..
No
Y..
"'OL07I~ ~. 377-1".
see Re.. Book No. 124, which i. incorporated h.r.in by r.t.r.nc..
A Public H.aring was h.ld on a propo.ed _ndaent to
the Land U.. District Map for applicant. J.... BovliftCJ and llark
BruaJta, who reque.t a zoning change fro. Suburban Re.idential
(SR) to Suburban C~ercial (SC) for Lot 4, Tropical Coral Reet
Batatea, Plantation K.y. Ther. va. not public input. Motion va.
mad. by Co..i..ioner London and .econded by Co.-i..ioner DoucJla..
to approve Statt r.coaaendation d.nying the propoaed ~t
and adopting the following R..olution denying a Land u.. Di.trict
Map ~t changing the Land U.. o..ignation tor the J_
Bowling and Mark Hruska property legally d..cribed a. Lot 4,
Tropical Coral Re.t Estat.., Plantation K.y, Monroe County,
Florida, troa Suburban R.sid.ntial (SR) to SUburban Coaaercial
(SC) . Roll call vote was taken with the following r..ults:
Co..issioner Dougla.s
co..ission.r Harvey
Caaais.ion.r London
co..is.ion.r R.ich
Mayor Pr....n
JIotion carried.
Yea
Y.s
Y..
No
Yes
IlBSOL1J'1IXOJI 110. 37.-1994
See Res. Book No. 124, which is incorporated her.in by ref.r.nce.
R~V'15 -e..<L
94/411
A ~lblic Hearing was held on a proposed amendment to
the Land Use District Map for applicants Breault, Henry and Lee,
who request a zoning change from Suburban Residential (SR) to
I.proved Subdivision (IS) for Lots 1, 3 and 4, Block 1, Matecumbe
Ocean View, Lower Matecumbe Key. There was no public input.
Motion was made by Commissioner Douglass and seconded by
co..issioner London granting approval of staff's recommendation
approving the Land Use District Map Amendment, and adoption of
the following Ordinance adopting a Land Use District Map
Amendaent changing the Land Use Designation for Lee, Breault and
Henry, property legally described as Lots 1,3 and 4, Block 1,
Matecuabe Ocean View, Lower Matecumbe, from Suburban Residential
(SR) to Improved Subdivision (IS); transmitting these a.endaents
to the state Land Planning Agency for approval; providing for
severability; and providing for an effective date. Roll call
vote vas unanimous.
ORDX~C. 038-1994
See Ord. Book No. 34, which is incorporated herein by reference.
~
A Public Hearing was held on a proposed aaendaent to
the Land Use District Map for applicants Coral Isle. Church, Mark
ROberts, Tom Wrenn and Ralph Wrenn, who request a zoning change
from Improved SUbdivision (IS) to Suburban Co...rcial (SC) for
Lot. 1-4, Block 3, and Lot 23, Block 5, Fontaine Lake Estates
Subdivi.ion and for part of Government Lot 2, pt. SE 1/4 of ME
1/4, Section 5, Township 635, Range 38E. Plantation Key, MM90.
Attorney Andrew Tobin addressed the Board. Holly Larson and
Garth Collar addressed the Board. Motion was made by
Co..is.ioner Douglass and seconded by Commissioner Harvey to
approve staff's recommendation approving the Land Use District
Map Amendment, and adoption of the following Ordinance adopting a
Land Use District Map Amendment changing legally described as
Lots 1, 2, 3 and 4, Block 3, and Lot 23, Block 5, of Fontaine
Lake Estates SUbdivision, and Part of Government Lot 2, Part SE
1/4 of the HE 1/4, Section 5, Township 63, Range 38, Plantation
Key from Improved Subdivision (IS) to SUburban Co..ercial (SC);
transmitting these amendments to the State Land Planning Agency
for approval; providing for severability; and providing for an
effective date. Roll call vote was unanimous. * By this
Ordinance that part of Government Lot 2 owned by Mark Roberts is
denied the requested zoning.
ORDIDlfC. 039-1"4 ..
See Ord. Book No. 34, which is incorporated herein by reterence.
A Public Hearing was held on a proposed amendment to
the Land Use District Map for applicants Coral Shores Commercial
Center, and Roberta Poster who request a zoning change from
~vis~
1
t
94/412
Improved Subdivision (IS) to Suburban Commercial (SC) for Lots 1-
5, Block 2, Fontaine Lake Estates, Plantation Key, MM90.
Attorney Andrew Tobin addressed the Board representing the
applicant. Motion was made by Commissioner London and seconded
by co..issioner Douglass to approve staff's recommendation
approving the Land Use District Map Amendment, and adoption of
the following Ordinance adopting a Land Use District Map
Amendment changing the Land Use Designation for the Coral Shore.
Co..ercial Center and Roberta Fo.ter properties legally described
a. Lot. 1,2,3,4 and 5, Block 2, Fontaine Lak. Estat.., Plantation
Key, froa Iaproved Subdivi.ion (IS) to Suburban Co..ercial (SC);
tran.aitting th.se amenclJDents to the Stat. Land Planning Agency
for approval; providing for severability; and providing for an
effective dat.. Roll call vote was unaniaous.
ORDIRaBCB 040-1994
S.. Ord. Book No. 34, which is incorporated her.in by r.ferenc.. ~
A Public H.aring was h.ld on a propo.ed aaendaant to
the Land U.e Di.trict Map for applicant Betty Ea.on, who reque.t.
a zoning change froa Iaproved Subdivision (IS) to Suburban
c~rcial (Se) for Tract. 3-9, Th. Ru...ll Estate, Upper
MateCUllbe, MM 83.5. The.e tract. are now own.d by Sanctrey,
Plei.her, Invorica Inv..taents Corp., and Alvarado. Thi.
application i. being proc....d a. the r..ult of a court order.
The following individual. addr....d the Board: Jackie Robinaon,
Joe Robinaon, David Mak.peace, Le. Alvarado. Motion va. ..de by
Co..i..ioner Douglas. and .econded by co..i..ioner London
approving Staff'. r.co...ndation d.nying the propo.ed ...ndaent
and adoption of the folloving Resolution denying a Land U.e
Di.trict Map Allencta.nt changing the Land Use De.ignation for
property legally d.scribed a. the Ru...ll Estat., Tract. 3
through 9, Upper Mat.cuabe, Monroe County, Plorida, froa Iaproved
Subdivi.ion (IS) to Suburban Co..ercial (SC). Roll call vote was
unaniaou. .
"'OL~XO. .0. 379-199.
S.. R... Book No. 124, which is incorporated h.r.in by reference.
A Public Hearing was h.ld on a proposed aaendaent to
the Land U.e District Map for applicant Manu.l Fernand.z, who
requ..t. a zoning chang. froa Suburban Resid.ntial (SR) to
Iaproved Subdivision (IS) for Lots 1-5 and Suburban co.aercial
(se) for Lot. 6-8, Block 2, Bay Haven Subdivi.ion, s.ction 1, K.y
Largo, MM95. Yvette Hevia, repre..nting Mr. Fernandez and George
Ancb.tta, repr.senting the Bay Harbor Ho..owners Association
addre..ed the Board. Motion was aad. by Mayor Freeaan and
s.conded by Coaaissioner Douglass approving Staff's
reco..endation denying the proposed amenclJDent and adoption of the
following Resolution denying a Land Use District Map Aaendaent
94/413
changing tbe Land Use Designation for the Manuel Fernandez
property legally described as Lots 1,2,3,4 and 5, Block 2, Bay
Haven Subdivision, Section one, Key Largo, Monroe County,
Florida, from Suburban Residential (SR) to Improved Subdivision
(IS); and Lots 6,7 and 8, Block 2, Bay Haven SUbdivision, Key
Largo, Monroe County, Florida, from Suburban Residential (SR) to
Suburban Commercial (SC). Roll call vote was unanimous.
RBSOLUTXO. RO. 380-1994
See Res. Book No. 124, which is incorporated herein by reference.
A Public Hearing was held on a proposed aaendaent to
the Lane Use Di.trict Map for applicant Florida Keys Electric
Cooperative Aa.ociation, Inc., who reque.ts a zoning change fro.
Iaproved SUbdivision (IS) to Suburban Co...rcial (SC) for Lots 6
and 7, Singleton's Addition, Key Largo, MM91.6. The following
individual. addre.sed the Board. Nick HUlick, repre.enting the
Florida Key. Electric Cooperative Association, Charles Ru..ell,
Manager of the Florida Key. Electric Cooperative Aasociation,
Frank Perry, K. Wilkin.on, David Byrua, Alice Allen, Shirley Faye
Albury, George Anchetta, Dagny JOhnson, repre.enting the Upper
Key. Citizen. Association, Nick Mulick and Garth Collar. Motion
va. ..de by Co-.issioner London and .econded by co..i.sioner
Harvey to uphold the reco...ndation of the Planning Caa.i..ion
denying the propo.ed a..ndaent and adoption of the following
Re.olution denying a Land U.e Di.trict Map AaendJaent changing the
Land U.e Designation for the Florida Key. Electric cooperative
Aa.oc., Inc., property legally described a. Lot. 6 and 7, Block
4, Singleton'. Addition of Tavernier Cove, Key Largo, Monroe
County, Plorida, from I.proved Subdivision (IS) to Suburban
Co...rcial (SC). Roll call vote was unanimou..
"'OL~I~ ~. 311-1...
See Res. Book No. 124, which is incorporated herein by reference.
A Public Hearing was held on a proposed amendaent to
the Land Use District Map for a Planning Department initiated
...ndaent for ,the Key Investaent , Development, Inc., (J.R.
Carter) property. The proposed zoning change is fro. Improved
Subdivision (IS) to Suburban Commercial (SC) for Lot. 1-4, Block
1, Largo Beach SUbdivision, Key Largo, MM91.5. The following
individuals addre.sed the Board. J.R. carter, Alice Allen, K.
Wilkinson, Shirley Faye Albury, Bruc. Kelly, Ji. Anderson, Dagny
John.on, repre.enting the Upper Keys Citizens Association.
Motion va. made by Coaai.sioner Reich and seconded by
Coaai.sioner Harvey to approve staff's reco..endation granting
approval of the aap uaendJlent and adoption by Ordinance of ~e
Land Us. District Map Aaendaent.
94/414
Roll call vote was taken with the following results:
commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
No
Yes
No
Yes
No
Motion failed.
Motion was made by Mayor Freeaan and ..conded by
c~i.sion.r Douglass upholding the reco...ndation of the
planning co..ission denying the proposed ..encta.nt and adoption
of the following Re.olution d.nying a Land U.. Di.trict Map
~t changing the Land US. d..ignation for K.y Inv..t.ent
and Dev.lopa.nt, Inc., (J.R. cart.r) property legally d..cribed
a. Lot. 1,2,3 and 4, Block 1, Largo Beach Subdivision, K.y Largo,
fraa I~roved Subdivision (IS) to Suburban Co...rcial (se). Roll
call vote was tak.n with the following r.sults:
co..ission.r Douglass
co..ission.r Harv.y
C~ission.r London
Co..i..ioner Reich
Mayor Fr....n
Motion carried.
Y..
No
Y..
No
Y..
aaaoL~I~~. 312-1".
S.. Re.. Book No. 124, which i. incorporated h.r.in by r.f.r.nc..
A Public H.aring was held on a proposed ..endaent to
the Land U.. Di.trict Map for applicant K.y Largo Holiday
Harbour, who requ.st. a zoning change frOJl Illproved SUbcli vision
(IS) to Suburban Co.mercial (SC) for Lot 535, and w..t.rly 15' of
Lot 536 Port Largo, 5th Addition, OC.an Driv., K.y Largo, MM
99.9. Andrew TObin, Attorn.y r.pr.senting the applicant
addr...ed the Board. The following individual. addr..sed th.
Board: R.M. Woodhull, Fred Nick.rson, Hyatt Hodgdon, Richard
O'N.il, Maurice Jay Kutner, Mirta Pernand.z, Jose Gonzal.z,
Santiago-P.rnand.z, Dagny Johnson repr.senting the upper Key.
citizens As.ociation. Motion was. mad. by Mayor Pr....n and
.econded by co..issioner Harv.y to deny the propo.ed aap
...ndJlent and adoption of the following Resolution d.nying a Land
US. District Map Amendm.nt Changing the Land U.. d.signation for
the Holiday Harbour property l.gally d.scribed a. Lot 535, and
the westerly 15 t.et of Lot 536, Port Largo, Fitth Addition, Key
Largo fro. I.proved Subdivision (IS) to Suburban Co...rcial (SC).
Roll call vote was unanimous.
"'OL~X~ ~. 3.3-1994
See Res. Book No. 124, which i. incorporated herein by reterence.
94/415
A Public Hearing was held on a proposed aaendaent to
the Land Use District Map for applicant George R. Parks III, who
requests a zoning change froa Iaproved Subdivision (IS) to
I~roved Subdivision-Duplex (IS-d) for Lot 38, Block 7, Ocean
I.le btate., Key Largo, MMl06. George Parks III addres.ed the
Board. Meredith Cline addressed the Board. Motion wa. _de by
COllld..ioner Reich to approve the propo.ed -nc:laent and adopt an
Ordinance. Motion died for lack of a second. Motion wa. ..de by
Mayor Pre_n and .econded by C~is.ioner Dougla.. to approve
Statt re~ation to deny the proposed ..p _ncment and
adoption ot the fOllowing Resolution denying a Land U.e Di.trict
Map ~nt changing the Land U.e designation tor George R.
Parka III, property legally deacribed a. Lot 38, Block 7, Ocean
1.1. ..tate., Key Largo, Monroe County, Florida, trOll I~rovecl
SUbdivi.ion (IS) to I.proved Subdivi.ion-Duplex (IS-D). Roll
call vote wa. taken with the fOllowing re.ult.:
Co..i..ioner Douglas
C~i..ion.r Harvey
C~i..ioner London
eo..i..ioner Reich
Mayor London
JIotion carried.
Ye.
Ye.
Ye.
No
Ye.
aDOLftIOII m. 384-1".
see _. Book No. 124, which i. incorporated herein by reterence.
There being no further buaine.. to COM betore the
Board, the ..eting was adjourned.
Clerk to the Board of County
co..i..ioner. of Monroe County