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01/29/1991 Regular UU025 Regular Meeting Board of County Commissioners Tuesday, January 29, 1991 Key West . A Regular Meeting of the Monroe County Board of County Commissioners convened at lO:OO a.m. on the above date at the Lions Club in Key West. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Also present were Danny Kolhage, Clerk; Rosalie Connolly, 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. COMPREHENSIVE PLAN Bob Herman, Director of the Growth Management Division, addressed the Board. Daniel Garshman of the Florida Keys Resource Planning and Management Committee also addressed the Board. Motion was made by Commissioner Cheal to accept the recommendations of the Florida Keys Resource Planning and Management Committee and to integrate them into the planning process. During discussion, the motion was withdrawn. The following individuals addressed the Board: Ed Hubschmitt, Sven Linskold, Gene Lytton, Dagny Johnson, Pauline Kline, Jessie Adler. Bob Herman, Lorenzo Aghemo and Mark Rosch addressed the Board and presented a Comprehensive Plan Progress Report. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve Staff recommendation that the Planning Commission review the responses to the Request For Qualifications, together with a member of the Planning Department and the County Attorney's office, and prepare a short-list to be referred to the Board of County Commissioners for final selection. Motion carried unani- mously with Commissioner Jones not present. Mark Rosch discussed the selection of Fraelich and Tindale to do concurrency management and impact fee work for the County and whether or not Staff should continue nego- tiations or await selection of the General Consultant for the Land Use Plan. Motion was made by Commissioner Cheal -- and seconded by Commissioner Stormont that the Primary Consultant selected for the Land Use Plan would integrate other programs under the basic contract. During discussion, the motion was withdrawn. Motion was made by Commissioner Cheal and seconded by Commissioner London to direct Staff to make a comprehensive recommendation on how the contract should be integrated considering costs involved. Roll call vote was unanimous with Commissioner Jones not present. UU 0 2 6 Mark Rosch discussed the memorandum concerning policy issues. Commissioner Cheal discussed the need for the Board to communicate its position concerning the adop- tion of this Land Use Plan to the new Secretary of the Department of Community Affairs. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to direct a letter concerning the Board's position relative to the adoption of the current Land Use Plan to be sent to the Secretary of the Department of Community Affairs, said letter to be prepared by Staff. Roll call vote was unani- mous. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pr~- sent. DIVISION OF GROWTH MANAGEMENT Consent Aqenda Boundary Interpretation Motion was made by Mayor Harvey and seconded by Commissioner Jones to adopt, per Staff recommendation, the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director denying the request to re-draw the existing boundaries in Land Use District Map Boundary Interpretation Number 63, Lots 2 through 8, Block 5, Windward Beach Estates, Little Torch Key, Monroe County, Florida, approximately Mile Marker 28. Motion carried una- nimously. RESOLUTION NO. 020-l99l See Res. Book No. 97 which is incorporated herein by reference. Motion was made by Mayor Harvey and seconded by Commissioner Jones to adopt, per Staff recommendation, the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 71, Lots l7 through 4l, Sugarloaf Townsite, Sugarloaf Key, Monroe County, Florida, approximately Mile Marker 19. Motion carried unanimously. RESOLUTION NO. 02l-l99l See Res. Book No. 97 which is incorporated herein by reference. Motion was made by Mayor Harvey and seconded by Commissioner Jones to adopt, per Staff recommendation, the following Resolution confirming the Administrative Boundary Interpretration of the Planning Director denying the request to re-draw the existing boundaries in Land Use District Map Boundary Interpretation Number 72, Part Government Lots l, 2 and 3, Tract l, Section 06, Township 64, Range 37, Upper Matecumbe, Monroe County, Florida, approximately Mile Marker 80. Motion carried unanimously. RESOLUTION NO. 022-l99l See Res. Book No. 97 which is incorporated herein by reference. UU 0 2 7 Refund Requests Motion was made by Commissioner Jones to postpone to the next meeting a request from Charles M. Valois for a refund of payments made for eighteen building permits. Bob Herman, Division Director, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to deny the request of Charles M. Valois for a refund in the amount of $l3,246.90 for permits issued in 1986 for eighteen single-family residences which were not built, and to note for the record that Mr. Valois was notified of today'smeeting and was not present. Roll call vote was unanimous. SOUNDING BOARD Vincent Drost of Cudjoe Gardens addressed the Board regarding Monroe County's land use designations. No action was taken. Chuck Olson, Executive Director of the Florida Keys Land & Sea Trust, addressed the Board and requested th~ County's participation in the acquisition of "The Knowles Historic Site" on Big Pine Key. John Scharch, Vice President of the Lower Keys Chamber of Commerce, also addressed the Board. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones to direct the County Administrator to examine possibilities of funding for the proposed acquisition of "The Knowles Historic Site" on Big Pine Key and report back at the next Commission meeting. Motion was made by Commissioner Cheal -- to amend to include the participation of the Executive Director of the Land Authority. The amendment was accepted by the maker and seconder. Roll call vote on the motion as amended was unanimous. A. D. Griffin, President of the Sugarloaf Shores Property Owners Association, addressed the Board regarding consideration of the provision of a bikepath across Sugarloaf Boulevard Bridge. Barbara Hunt and Harry L. Sawyer, Sr. also addressed the Board. After discussion by the Board and brief comments made by County Engineer David Koppel, motion was made by Commissioner London and seconded by Commissioner Cheal to examine the possibilities of using impact fees to proceed with this project and also to look at the possibilities of some sort of light triggered by a beam or some other arrangement and report back to the Board, along with advice as to probable costs. Motion was made by Commissioner Cheal to amend to direct Public Works to imme- diately put up a sign saying "Caution - Blind Spot - Bikers On Bridge." The amendment was accepted by the maker of the motion. Roll call vote on the motion as amended was unani- mous. DIVISION OF GROWTH MANAGEMENT -- Bob Herman, Division Director, addressed the Board regarding a proposed Resolution approving a Stipulation of Settlement of New Metropolitan Savings and Loan Association, et al v. Monroe County. After discussion, motion was made by Commissioner Jones and seconded by Commissioner London to deny adoption of the proposed Resolution. Roll call vote was taken with the following results: UU 0 28 Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes Yes No Motion carried. Lorenzo Aghemo, Planning Director, addressed the Board regarding a proposed Resolution authorizing the Mayor to execute a Joint Agreement in the appeal by the Department of Community Affairs of Monroe County Building Permit No. 903000765 issued to Emanuel Micelli and Robert Petri. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to add the following language at the end of Paragraph 4 on Page 3 of the proposed Joint Agreement: "The foregoing rent standard shall be based on the current median income for each category as described in 'The Affordable Housing Act,' Florida Statutes, as the current base level from which such rents shall be charged, such rentals to be overseen by the Monroe County Housing Authority." Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont to amend to also add the following language at the end of Paragraph 2 of the Agreement: "as per the covenant requirements of 9.5-256(a)(3)." After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue to the next meeting. Roll call vote was unanimous. Lorenzo Aghemo, Planning Director, addressed the Board concerning Staff's recommendation for the adoption of a proposed Resolution authorizing the Mayor to execute an Agreement between the Florida Department of Community Affairs, Monroe County, and Plaza Development, Inc. d/b/a Boot Key Harbor Plaza. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to deny Staff's recommendation for the adoption of the Resolution. H. Ray Allen, attorney representing Boot Key Plaza, addressed the Board. Ty Symroski, Development Review Coordinator, and Ken Metcalf of DCA also addressed the Board. Roll call vote was unanimous. Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont to amend the foregoing motion to include that Staff will prepare and send a letter with the denial to DCA, expressing the Board's concerns that in Section 3, Subparagraph (c) there must be better sewage treatment, it must be in accordance with Statute 380.0552, and the developer must insure that there be no degradation of our waters by any sewage treatment; and in Section 4, Subparagraph (e) to spell out that there will be no sleeping or living on board any vessel permitted; and in Section 7, that in order to protect the integrity of the Land Use Regulations, a definite limited dated phasing plan should be included. Roll call vote was unanimous. MORRISON-KNUDSEN/GERRITS The following persons addressed the Board and made presentations regarding the Designs Documents and estimates for the new Key West Jail: Doug Fuller, Bob Yohe, Jose UU 0 2 9 Gonzalez, Steve Grzegorek. The following individuals then also addressed the Board: Jim McLernan, A. C. Weinstein" Molly Leeds, John Bigler, Pam Martin, Jose Gonzalez, Dave McAllen. Motion was made by Commissioner London and seconded by Mayor Harvey to approve, per the County Administrator's recommendation, the elimination of one "butterfly" from the design of the new jail and also requesting the Consultants and Staff to report at the next meeting on the ramifications of altering the size of the core of the new jail facility. Roll call vote was unani- mous. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal that all impact and development fees and conditions placed by the City of Key West on the construction of the new jail facility and not waived by the City will be paid from ad valorem taxes. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No No Yes No Motion failed. COUNTY ADMINISTRATOR George Zoley of Wackenhut Corrections Corporation addressed the Board concerning a proposed Termination Agreement regarding their Corrections Contract with Monroe County. Motion was made by Commissioner Stormont and -- seconded by Commissioner London to terminate the Jail Management and Services Agreement between Monroe County and Wackenhut Corrections Corporation dated February l2, 1990, by mutual agreement, based upon the Parties' inability to resolve contract differences, effective l2:0l A.M., March l, 1991, subject to the following: l. All Wackenhut jail employees to be offered employment with the County Sheriff's Office; 2. Payment of Three Hundred Thousand and no/lOO Dollars ($300,000.00) to Wackenhut on or before March l, 1991, in full settlement of all contract claims set forth in Wackenhut's December l7, 1990 Claim; 3. Mutual release by the Parties of all claims arising from or related to the February l2, 1990 Agreement, to be executed by the Parties upon satisfaction of all conditions set forth herein and upon receipt of all payments provided for herein; 4. Reimbursement to Wackenhut in an amount not to exceed Two Hundred Six Thousand and no/lOO Dollars ($206,000.00) on or before March l, 1991, for all furniture, equipment, supplies, and miscellaneous items remaining at the three jail facilities, subject to confirmation by the County Contract Monitor; -- 5. Continued payment of contract per diem payment to Wackenhut through February 28, 1991, in accordance with the Agreement and Amendment Numbers One, Two, and Three; UU 0 30 6. Wackenhut's technical assistance to the County during a one hundred twenty (l20) day transition period beginning March l, 1991, in order to facilitate the assumption of jail operations by the Sheriff's Office; 7. Wackenhut shall not be prohibited from bidding on any future County or Sheriff's Office procurements. During discussion, there was an amendment to Paragraph 1 adding the words "subject to the employees meeting the Sheriff's standards." The amendment was accepted by the maker and became part of the original motion. Motion was made by Commissioner Cheal to continue this matter to January 30th. This motion to continue died for lack of a second. Roll call vote on the motion was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes Motion carried. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to approve and authorize execution of Amendment Number Three to the Management and Services Agreement for Detention Facilities between Monroe County and Wackenhut Corrections Corporation. Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to postpone consideration of Amendment Number Four to the Management and Services Agreement with Wackenhut Corrections Corporation. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning a request by Galleon Bay Corporation for approval of a proposed Final Plat known as "Galleon Bay Subdivision" for property located on No Name Key, Monroe County, Florida, Section l8, Township 66S, Range 30 E, approximately MM 30. Proof of publication was entered into the record. Planning Director Lorenzo Aghemo addressed the Board. Attorney Michael Halpern also addressed the Board and introduced the Declaration of Restrictions and a Conservation Easement concerning this property, as well as an Affidavit of Posting. Motion was made by Mayor Harvey and seconded by Commissioner London to approve the Final Plat of a subdivision to be known as Galleon Bay Subdivision located on No Name Key, Monroe County, Florida, Section l8, Township 66S, Range 30E, approximately MM 30. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes No Yes Motion carried. UU 0 3 1 - A Public Hearing was held concerning the proposed abandonment of a portion of Bamboo Court, Sugarloaf Shores, Sugarloaf Key, Monroe County. Proof of publication was entered into the record. Mitch Cook, attorney representing the petitioners, addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to deny the proposed abandonment of a portion of Bamboo Court, Sugarloaf Shores, Sugarloaf Key, Monroe County. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes No Yes Yes Motion carried. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 00S-l986 and Ordinance No. 034-l985 pertaining to the use of fireworks in Monroe County, Florida, by amending Section 1 of such Ordinances and Section l3-4(A)(l) of the Monroe County Code providing that the Fireworks Permit will be issued by the Monroe County Fire Marshal; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Ordinance as amended. Roll call vote was unanimous. .-- ORDINANCE NO. 00l-l99l See Ord. Book No. 26 which is incorporated herein by reference. * * * * * BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals and considered the appeal by Tarmac Florida, Inc. of the Planning Commission's decision denying a variance for property located on a parcel of land in a part of Government Lot 7, Rockland Key, Monroe County, Florida, Section 2l, Township 67S, Range 26E, MM 8.S. Lorenzo Aghemo, Planning Director, addressed the Board. Frank Burt, representing Tarmac Florida, Inc., addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Jones to grant the appeal by Tarmac Florida, Inc., the Basis For Appeal appearing on Page 3 - D(4), Page S - F, and Page 18 of the Transcript due to the saving in water costs and that the public benefits outweigh private benefits. Roll call vote was taken with the following results: - Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No No No No Yes Motion failed. Motion was then made by Commissioner Stormont and seconded by Commissioner Cheal to deny the appeal and uphold the decision of the Planning Commission on the grounds that the appellant failed to demonstrate that UU 0 3 2 procedural due process of law was not followed and that the Planning Commission's decision was not supported by com- petent evidence. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes Yes No Motion carried. PUBLIC HEARINGS Motion was made by Mayor Harvey and seconded by Commissioner Jones to adopt the following Resolution approving the Final Plat of a subdivision to be known as Galleon Bay Subdivision located on No Name Key, Monroe County, Florida, Section l8, Township 66S, Range 30E, approximately MM 30, and directing the Clerk to accept such plat for recording in the Public Records of Monroe County, Florida. RESOLUTION NO. 022~-l99l See Res. Book No. 97 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes No Yes Motion carried. DIVISION OF PUBLIC WORKS Dent Pierce, Division Director, and Dr. Green addressed the Board concerning the disposal of animal car- casses. Motion was made by Commissioner London and seconded by Commissioner Jones to waive Purchasing Policies and Procedures and recognize Animal Disposals & Private Cremations of Miami, Florida as a sole source and to direct Staff to prepare and bring back to the Board a contract for final approval. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * * -