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04/23/1991 Regular UU 1 6 7 Regular Meeting Board of County Commissioners Tuesday, April 23, 1991 Key Largo .-- . A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Monroe County Library in Key Largo. 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; 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 Stormont to add to the Agenda as Item F-4 the subject of navigational aids in Upper Sugarloaf Sound. Motion carried unanimously. COMPREHENSIVE PLAN Mark Rosch, Bob Herman, and John Fernsler of Wallace, Roberts & Todd addressed the Board. The Board discussed interim measures. No official action was taken. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Resolution authorizing the execution of an Agreement between the Florida Department of Environmental Regulation and Monroe County for a study of eutrophication in the waters surrounding the Florida Keys. Roll call vote was unanimous. RESOLUTION NO. 135-1991 See Res. Book No. 99 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Social Services Director Louis LaTorre addressed the Board regarding cost-saving procedures to be instituted at Bayshore Manor. Motion was made by Commissioner Jones and seconded by Commissioner London to approve the recommen- dations of the Social Services Director as set out in Exhibit A attached hereto and made a part hereof. Roll call vote was unanimous. UU168 DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board regarding DCA Notice of Violation 19-NOV-l concerning land clearing and HEI regulations. Motion was made by Commissioner London and seconded by Commissioner Jones to attempt to adopt a change in the Code concerning these requirements and refer this matter to the Division and to pursue a contract with private firms by RFP with the deve- loper to pay all costs involved. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes Motion carried. SHERIFF'S DEPARTMENT Sheriff Roth addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner London to approve the Sheriff's recommendation, including the proposed budget, for the transportation and temporary incarceration of minimum security prisoners to the Charlotte County deten- tion facilities in order to keep the federally mandated jail cap at 196, and to adopt the following Resolution concerning receipt of unanticipated funds. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes Motion carried. RESOLUTION NO. 136-1991 See Res. Book No. 99 which is incorporated herein by reference. Motion was then made by Commissioner Jones and seconded by Commissioner Cheal to authorize a cap of 41 prisoners to be transferred to the Charlotte County Jail in accordance with the Sheriff's recommendation and also authorizing the transfer of $230,000.00 from Reserve Accounts to cover the per diem costs of the prisoners. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the expenditure of $49,997.11 from the Law Enforcement Trust Fund for the following items: UU 169 Facsimile Machine for District I Dispatch Center VHS Camcorder 20 Lapel Microphones 50 Car-Seat Organizers Micro Video Camera Rig Luma Lite Optical Filter System and Camera Operation Whitegame - Long-term Investigation Character Generator Five Bailout Systems to permit dogs to exit patrol cars in emergencies Various items of canine equipment Crime Stoppers Reward Fund Computer Laser Printer Stun Guns with Holsters Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve Staff's recommen- dation to adopt an Ordinance at a Public Hearing to halt the processing of all map amendment applications until the Comprehensive Plan and the Land Development Regulations are in effect, and to also authorize the refunding of fee monies paid by all affected applicants. Roll call vote was unani- mous. SOUNDING BOARD - Stan Cann of the Florida Department of Transportation addressed the Board and gave a status up-date on construction activities in the Upper Keys. No action. Attorneys Andy Tobin and Fred Tittle addressed the Board regarding the cost of Administrative Appeals. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to direct the County Attorney and appropriate Department Heads to prepare manuals to cover procedures before the various County boards. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes No No Yes Motion carried. Sylvia Ann Godfrey addressed the Board concerning acquisition of a canal front "Park Site" at Hibiscus Park in Key Largo. Motion was made by Commissioner London and seconded by Commissioner Jones to refer this proposal and -- any other plans for Hibiscus Park to Steve Ferris of the Planning Department, the Parks and Recreation Committee, and the County Administrator's Office. Roll call vote was una- nimous. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Section 9.5-21, Monroe County Code, in order to UU 1 7 0 provide that appeals to the Board of County Commissioners of Planning Commission appellate decisions concerning: the Planning Director's decisions on impact fees, determinations of administrative officials, and variances, shall be heard at least once a month in the Marathon area on day{s) to be determined by motion of the Board of County Commissioners; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incor- poration into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. The following persons addressed the Board: Jimmie Williams, Rosemary Bondus, Dagny Johnson, Arlene Reiser, Andy Tobin. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to continue to the next scheduled Public Hearing. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. A Public Hearing was held on a proposed Ordinance creating Section 6-31, Monroe County Code, in order to clarify what types of work require building permits; pro- viding that certain types of normal maintenance and repair work, construction work within minimal value, and work undertaken by Monroe County do not require building permits; amending Section 6-41{A), Monroe County Code, in order to provide that the permit fee for work begun without a permit shall be $250.00 or 10% of the value of the already completed work, whichever is greater; amending Section 6-41{E), Monroe County Code, in order to require that a demolition permit be obtained to remove construction built without a permit if the construction is not permittable under the Monroe County Code; creating Section 6-44, Monroe County Code, which provides for the procedures to be followed when work is concealed prior to inspection; repealing Section 6-124, Monroe County Code, regarding the issuance of electrical permits; repealing Section 6-125, Monroe County Code, regarding the application for electri- cal, heat, and power permits; repealing Section 6-126, Monroe County Code, regarding the fees for such permits; repealing Section 6-133, Monroe County Code, regarding work concealed prior to inspection; amending Section 6-134, Monroe County Code, in order to provide that the fee for reinspection of electrical work shall be set by County Commission Resolution; amending Section 6-147, Monroe County Code, in order to remove the prohibition on temporary electrical wiring remaining in place more than 60 days after a building permit is issued, providing that a temporary electrical permit is good as long as the job is in progress, defining "in progress," providing that a temporary electri- cal permit may be terminated without notice if used in violation of Chapter 9.5, Monroe County Code; repealing Section 6-207, Monroe County Code, regarding the schedule of fees for gas permits; providing for severability; providing for repeal of all Ordinances in conflict herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and UU171 seconded by Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. Jimmie Williams and Bill Smith, Executive Director of the Florida Keys Contractors Association, addressed the Board. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to continue to the next scheduled Public Hearing. Roll call vote was unanimous. A Public Hearing was held on a proposed Ordinance creating Sec. 6.3-12, Monroe County Code, in order to pro- vide that the passage of time shall not operate as a bar to prosecutions before the Code Enforcement Board; providing for severability; providing for incorporation into the Monroe County Code of Ordinances; providing for the repeal of all Ordinances inconsistent herewith; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. The following persons addressed the Board: B. G. Carter, Joan Tucker (also submitted petitions), Dick Tilton, Jimmie Williams, Andy Tobin. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to conduct two additional Public Hearings to be advertised and to continue this Public Hearing to the next meeting. Roll call vote was unanimous. - A Public Hearing was held to allow public input and questions on the Environmental Assessment of the Monroe County Landfill System dated January 1991 prepared by Post Buckley Schuh & Jernigan. Karen Kennedy DeMaria of Post Buckley addressed the Board. Dagny Johnson also addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to continue to the next sche- duled Public Hearing. Motion carried unanimously. SOUNDING BOARD Motion was made by Commissioner Jones and seconded by Mayor Harvey to refer to Staff the matter regarding purchase of eight condemned duplexes at Hibiscus Park in Key Largo. Motion carried unanimously. Glenn Mayne of the Department of General Services, Growth Management Division Director Bob Herman, and County Administrator Tom Brown addressed the Board concerning the Plantation Key tower site. The Board took no action and referred this matter to Staff. * * * * * BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals for the rehearing of appeal for Town Center of Islamorada of the Planning Commission's decision to deny the appeal for property described as a parcel of land being part of Lot 6, according to the plat of part of Government Lot 1, all of Lots 2 and 3, of Section 32, Township 64 South, Range 37 East, Upper Matecumbe Key. Attorney Andy Tobin repre- senting the appellant, Assistant County Attorney Garth Coller, and County Attorney Randy Ludacer addressed the Board. Mr. Tobin rebutted. Motion was made by Mayor Harvey to reverse the decision of the Planning Commission and grant the appeal on the basis of inconsistency in the Code and Mr. UU 1 7 2 Syrnroski's confusion inducing the appellant to expend funds. Motion died for lack of a second. Motion was then made by Commissioner Stormont and seconded by Commissioner Cheal to uphold the decision of the Planning Commission in that the appellant has failed to demonstrate an invalid interpreta- tion of building permit definition and requirements of 9.5-72{a){1) and 9.5-111{b), and has failed to demonstrate estoppel reliance before the Board of County Commissioners, and that the record fails to reflect evidence to overturn the Planning Commission's decision. 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. The Board of County Commissioners sitting as the Board of Appeals then considered the appeal by Eugenio and Surina Fernandez for a dimensional variance to allow a car- port and terrace to encroach into the west side yard set- back at their residence located on Lot 35, 135 Mangrove Lane, Sunset Acres Subdivision, Section 27, Township 62 South, Range 38 East, Tavernier, Key Largo. Lorenzo Aghemo addressed the Board. Mr. Contreros, attorney representing the appellants, then addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Jones to over- turn the Planning Commission's decision and grant the appeal on the basis of unique and peculiar circumstances of the appellant. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes No No Yes Motion failed. Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont to uphold the Planning Commission's decision in that the appellant did not present evidence to overturn the Findings of Fact of Conclusions of Law of the Planning Commission. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. Division Director Bob Herman addressed the Board concerning Code violations regarding trailers. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to waive the application fee for the Fernandez' should they apply for a different type of variance. Roll call vote was unanimous. Staff was directed to work with the Fernandez' on the Application for Variance for the minimum necessary to afford relief. * * * * * UU173 DIVISION OF COMMUNITY SERVICES Motion was made by Commissioner Cheal and seconded by Commissioner Jones to grant approval for the Monroe County Library Advisory Board to review applicants for architectural services for the Key West Library Facilities Plan. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the award of bid to the low bidder, South Dade Dockside Services, for Removal of Derelict Vessels in the amount of $25,207.00. Division Director Peter Horton advised the Board of a protest made in this matter. Motion was withdrawn. Peter Jones of The Jones Boys addressed the Board and objected to the award of the bid as proposed on the basis of wording in the adver- tised specifications. The County Attorney advised the Board that he felt that the bids were responsive and could be awarded by the Commission. Motion was then made by Commissioner Cheal and seconded by Commissioner London to approve the award of bid to the low bidder, South Dade Dockside Services, for Removal of Derelict Vessels in the amount of $25,207.00, and to grant approval to advertise for bids for the removal of additional derelict vessels. Roll call vote was unanimous. Division Director Peter Horton addressed the Board and discussed the Department of Natural Resources' denial of the County Extension Services' request to place navigational aids within Upper Sugarloaf Sound. Motion was made by Commissioner London and seconded by Commissioner Jones to proceed with the appeal. During discussion, the motion was withdrawn. No further action was taken. COUNTY ADMINISTRATOR Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to rescind previous actions of the Board concerning the implementation of the 40-hour work week for those employees now working 37! hours but that all new hires and employees moving into new job openings would be required to work forty hours per week, as per the County Administrator's recommendation. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. County Administrator Torn Brown discussed the con- sideration of Addendum No. 7 to the existing Agreement for Management Advisory Services with Hutchinson, Moore, Caler & Levine. Motion was made by Commissioner London and seconded by Commissioner Cheal to approve and authorize execution of ONLY Items I and 2(c) of Addendum No.7 to the existing Agreement for Management Advisory Services with Hutchinson, Moore, Caler & Levine regarding Solid Waste Consulting Services. Roll call vote was taken with the following results: UU 1 7 4 Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Resolution approving submission of an application from Monroe County to the Florida Department of Natural Resources, Division of Beaches and Shores, for State funding of the Smathers Beach Project. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes No Yes Yes Motion carried. RESOLUTION NO. 137-1991 See Res. Book No. 99 which is incorporated herein by reference. There being no further business, the meeting was adjourned. * * * * * ..-. ~ ~ ~ RECOMMENDATIONS TO COUNTY COMMISSIONERS ON BAYSHORE MANOR (1) Reduce Licensure from 20 to 16 bed facility (2) Reduce meal costs from $4.30 per meal and higher to $2.30 per meal (frozen meals) with G.A. Foods, same vendor that County has with the Nutrition Program. (3) REDUCE STAFF(3) Presently: Eleven staff position Supervisor, eight attendants. Director, Secretary, Attendant Reduce to: Eight positions - Director, Secretary, Attendant Supervisor, four attendants, one custodian. (4) Eliminate the following services from facility: (1) Physician Services cost (2) Hospital Services cost (3) Medicine and Drug cost (4) Medical & Surgical Supplies cost (5) Personal Care Items cost (6) Resident - Personal cost This 'cost factor will be the responsibility of the following: (1) Resident (own resources) (2) Hospital/physician cost will be paid by Medicare or other health coverage, or written off by provider (3) Welfare Department for those eligible residents in need of welfare services will get assistance in following areas: (a) Medicine & Drugs (b) Medical & Surgical Supplies (c) Personal Care Items (d) Primary Care Services Plus will be assigned a Social Worker on regular basis to handle daily problems. ~~~~ EXHle/~ A Recommendations Continued Page 2 ..... (4) Resident - Personal Cost The County has been giving clients a reimbursement of $10.00 per month for their own use - this will not be necessary any longer because residents will have their own funds available. (5) Change our Resident Admission Contracts. (l) Financial arrangements The County change the following room and board rate: (a) Private rate: (unknown). For those residents who have funds, assets, and resources to pay full costs. (b) Subsidized rate: Charge resident 80% of their net income for room and board - 20% of net is kept by resident in own bank account. This process would not exclude any appli- cants for admission. '''"----,-,_.......-..,,"