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05/14/1991 Regular VV OU8 Regular Meeting Board of County Commissioners Tuesday, May 14, 1991 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the City Hall in Key Colony Beach. 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; Torn Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. DIVISION OF GROWTH MANAGEMENT Consent Aqenda Boundary Interpretation Motion was made by Commissioner London and seconded by Commissioner Cheal to adopt the following Resolution con- firming the Administrative Boundary Interpretation of the Planning Director denying the request to redraw the existing boundaries in Land Use District Map Boundary Interpretation Number 70, Lot 4, Block 31, Maloney Subdivision, Stock Island, Monroe County, Florida, approximately Mile Marker 5. Motion carried unanimously. RESOLUTION NO. 162-1991 See Res. Book No. 99 which is incorporated herein by reference. BOARD OF APPEALS Motion was made by Commissioner London and seconded by Commissioner Cheal to adopt the following Resolution which, on rehearing, denies the appeal by Town Centre of Islamorada of the Planning Commission's decision which determined that the appellant's Development Order 21-87 had become null and void. Motion carried unanimously. RESOLUTION NO. 163-1991 See Res. Book No. 99 which is incorporated herein by reference. COMPREHENSIVE PLAN Bob Herman, Growth Management Division Director, gave a brief report on the progress of the Comprehensive Land Use Plan. Dagny Johnson addressed the Board. vv 007 proceed with planning and report to the Commission con- cerning Marathon office space, Fire Station plan, and Truman Annex parking improvements. Roll call vote was unanimous. Enqineerinq Director of Engineering David Koppel addressed the Board concerning his "Analysis Of Expanding The County's Engineering Department versus Use Of Consulting Engineers." Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve the concept. Roll call vote was unani- mous. Vehicle Replacement Proqram Public Works Division Director Dent Pierce addressed the Board concerning a Vehicle Replacement Program. Motion was made by Commissioner London and seconded by Commissioner Jones to approve the proposed Vehicle Replacement Program. Roll call vote was unanimous. Buildinq/Planninq Fees Growth Management Division Director Bob Herman addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner London to approve the recommen- dations of Staff, with Staff to evaluate those fees which are indicated to be deleted and coordinate with the County Attorney to make sure that they are covered in other appropriate areas. 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. Cleaninq Services for Buildinqs Public Works Division Director Dent Pierce addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner London to direct that the Sheriff will include in his budget the costs to clean his facili- ties. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * * vv 009 DIVISION OF COMMUNITY SERVICES - Division Director Peter Horton and Pat Rebull of BR&R addressed the Board concerning the Marathon Airport Part 150 Study. Phil Edwards, John Boone and Betty Vail addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Marathon Airport Part 150 Study for transmittal to FAA to include comments from all parties. During discussion, motion was made by Mayor Harvey and seconded by Commissioner Jones to postpone. Roll call vote on the motion to postpone was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes No Yes Motion carried. After further discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to recon- sider the motion to postpone. Motion carried unanimously. Roll call vote on the original motion to transmit was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. Presentations were made by the firms of H.L.S. Design Associates, Inc., Jose Gonzalez, A.I.A., and Thomas E. Pope, P.A., respondents to the RFQ for Professional Services for Additions and Renovations to the Monroe County Library, Key West Branch. The Board then announced that the selection process would be by ranking all firms according to a point system, reflecting the Number One selection to receive the Number One vote, and the successful nominee would be that one with the lowest point total. The Board proceeded to ballot with the following results: Cheal Jones London Stormont Harvey Total H.L.S. 3 3 3 3 3 15 Pope 1 1 1 1 1 5 Gonzalez 2 2 2 2 2 10 The Clerk announced the results of the tabulation which named Thomas E. Pope, P.A. as the successful firm. Motion was made by Commissioner London and seconded by Commissioner Cheal to authorize Staff to negotiate a contract with the firm of Thomas E. Pope, P.A. Roll call vote was unanimous. - DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman discussed a proposed Resolution amending the Planning Department fee schedule. Cleare Filer addressed the Board concerning the fees for platting. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the Resolution with the following amendments: vv 010 Minor conditional use for single-family residences involving TDR's would be a flat $500.00 and appeals would be at $1,000.00 During discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone until tomorrow. Motion carried unanimously. Bob Skerritt addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to add a plat fee involving sub- divisions of four lots or less to be a flat $1,500.00. During discussion, the motion was withdrawn. ~ DIVISION OF COMMUNITY SERVICES Motion was made by Commissioner Jones and seconded by Mayor Harvey to add the firm of Post Buckley Schuh & Jernigan to the list for review of presentations by engi- neering firms competing to be selected as the General Airport Consultant for Monroe County. 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. Motion was made by Commissioner Stormont to consider the other consultants and to continue the meeting so that presentations could be made by the other con- sultants. Motion died for lack of a second. Motion was then made by Commissioner London and seconded by Commissioner Jones to hear presentations from all seven responding consultants. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to postpone until all consultants could be heard and evaluated equiva- lently. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes No Motion carried. These presentations will be made at the June 4th meeting at the Key West Lions Club. SOUNDING BOARD Dr. J. Simmons of HRS and Mr. Fahree, the District Administrator of HRS, addressed the Board concerning admi- nistrative and other changes being made at the Monroe County Health Clinic. The Board discussed the termination of Dr. Bofill. State Representative Ron Saunders addressed the Board. Art Espinola and Mr. Shera of the Monroe County Public Health Unit addressed the Board. No action was taken. COUNTY ADMINISTRATOR Motion was made by Mayor Harvey and seconded by Commissioner Jones to add to the Agenda a letter from the City of Key West regarding solid waste disposal. Motion vv 0 11 carried unanimously. City Commissioner Virginia Panico addressed the Board concerning the City's letter requesting that the County not engage in negotiations with Montenay Corporation at this time. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone the Board's negotiations with Montenay for sixty days. 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. Dr. Elliot Tyler, Special Projects Governmental Coordinator, addressed the Board. Virginia Panico of the Monroe County Beach Authority Advisory Board also addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve the contract as amended. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No No Motion carried. Dr. Tyler indicated that the terms of the amended contract were not acceptable to him. County Administrator Tom Brown advised the Board of their alter- natives under the existing contract. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to give Dr. Tyler the one hundred eighty days' notice of ter- mination as provided in the original contract. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No No Motion carried. Dr. Tyler addressed the Board. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Section 9.5-21, Monroe County Code, in order to 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 Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. Grace Kendall and Dagny Johnson addressed the Board. Motion was made by Commissioner Jones and seconded vv 012 by Commissioner Cheal to deny adoption of the proposed Ordinance. 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. 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 Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. Bill Smith, Executive Director of the Florida Keys Contractors Association, Pave Ringemann, Jimmy Aultman, Vern Pokorski, and Growth Management Division Director Bob Herman addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend Paragraph b) 2) on Page 3 by inserting the words "as deter- mined by the local building office" after the words "same size, capacity, technical characteristics and location,". Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to amend Paragraph b) 1) (2) on Page 2 to show $1,000.00 for interior remodeling. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone this item to the next meeting. During vv 013 discussion, the motion was withdrawn. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to amend Paragraph 4) on Page 3 by adding the words "A building permit shall be required but fees shall not be charged for..." at the beginning thereof. 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. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to amend Paragraph (a) of Section 10 on Page 6 to add the words "until issuance of Certificate of Occupancy" after the words "such use," and before the words "and that such temporary wiring shall not be dangerous..." Roll call vote was unanimous. Motion was then made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 006-1991 See Ord. Book No. 26 which is incorporated herein by reference. 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. The County Attorney read by title only. The following persons addressed the Board: Grace Kendall, Joan Tucker (also submitted petitions), Shirley Mart Benson, Bob Smith, Jim Miller, Vern Pokorski, Dick Rudell, Mr. Livingston, Stan Becker, Marine Shinkevich, Susan Barnett. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to continue this Public Hearing to the next meeting. 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 the Monroe County Marine Resources and Public Works Municipal Service Taxing Unit (District) covering all of Unincorporated Monroe County, Florida; providing for District purposes which include, but are not limited to, coordination of federal, state and local marine resource, marine protection, marine improvement, derelict vessel, public education, and boating recreational programs within the territorial jurisdiction of Monroe County; providing for administration of the Marine Resources Taxing District; providing for a Marine Resources Advisory Council; providing that the Monroe County Board of County Commissioners shall be the District governing body; providing for District powers which include, but are not limited to, the employment of personnel and contractors to carry out District purposes, vv 014 borrowing of funds as provided by general law, the imposi- tion of an ad valorem tax not to exceed one mill on all non- exempt real and tangible personal property in the District to carry out District purposes, and to apply for and admi- nister any grants available to carry out District purposes~ providing that the Clerk of the Circuit Court shall be ex officio Clerk to the District~ providing for the expenditure of District funds for District purposes~ providing for the payment of expenses incurred in the creation of the District~ providing for the establishment of a Marine Resources Division within Monroe County government~ pro- viding for the establishment of a Marine Resources Advisory Committee~ providing that creation of the District shall not be construed to impair any existing contract or obliga- tions of contract~ 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 publi- cation was entered into the record. Motion was made by Commissioner Cheal 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: Ross Burnaman, Eric Knudsen, Samuel Arutt, Hilda Reid, Debbie Harrison, Jim Miller, Eugene Shinkevich, Pete Kalla, Stan Becker, Marie Shinkevich, Vern Pokorski, Shirley Mart Benson. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to continue to tbe 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 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. Yvonne Harper of Long Key, Arthur Bond, and Ray Shauer of Post Buckley also addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to continue to the next sche- duled Public Hearing. Roll call vote was unanimous. A Public Hearing was held concerning the proposed abandonment of Lytton's Way, Pine Key Acres, Big Pine Key. County Attorney Randy Ludacer discussed this item. The following persons addressed the Board: Peter Ryan, Cathy Baier, Jane Reynolds, Don Webster, Jim Miller, Lorraine Jeffery, Bob Smith, Gene Lytton, Betty Bennett, Fred Mannillo, Eugene Shinkevich, Stanley Becker, Marie Shinkevich, Joyce Newman, Susan Barnett, Peg Riepe, Hildred Reid, Rosalie Connolly, Shirley Mart Benson, Lynn Ives, Al Damron, Bill Moore, Vern Pokorski, Deborah Holle, Pete Kalla, Genevieve Isaksen, Dick Peck, Lillian Knudson, Norma Angelotti, Eric Knudson, Joan Tucker, Grace Mannillo, Bill Maitland. During Board discussion, motion was made by Mayor Harvey and seconded by Commissioner Jones to postpone until a Special Meeting could be called on Big Pine Key to discuss the issue. Roll call vote was taken with the following results: ----- vv 015 Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes No No Yes Motion failed. Motion was then made by Commissioner -- Stormont and seconded by Commisisoner Cheal to adopt the following Resolution renouncing and disclaiming any right of the County and the public in and to Lytton's Way, Pine Key Acres, Big Pine Key, Monroe County, described as follows: A 50 foot wide parcel of land, the centerline of which is located in Section 26, T.66S., R.29E., on Big Pine Key, Monroe County, Florida, said center- line being more particularly described as follows: Commencing at the Northeast corner of the SW 1/4 of Section 23, T.66S., R.29E., run Southerly along the centerline of Wilder Road, the same being coincident with the North-South quarterline of Section 23, T.66S., R.29E., for 2670.00 feet: thence deflect 90053'05" right and run Westerly for 25.00 feet to the Point of Beginning of the aforesaid centerline: thence continue Westerly along said centerline for 1323.74 feet to the intersection of the Southwest corner of the SE 1/4 of the SW 1/4 of Section 23, also being the Point of Ending of said centerline. A 50 foot wide parcel of land, the centerline of which is located in Section 26, T.66S., R.29E., on Big Pine Key, Monroe County, Florida, said center- line being more particularly described as follows: Commencing at the Northeast corner of the SW 1/4 of Section 23, T.66S., R.29E., run Southerly along the centerline of Wilder Road, the same being coincident with the North-South quarterline of Section 23, T.66S., R.29E., for 2755.00 feet: thence deflect 90006'55" left and run Easterly for 25.00 feet to the Point of Beginning of the aforesaid centerline: thence continue Easterly along said centerline for 1295.00 feet to the East property line of Pine Key Acres Unrecorded, also being the Point of Ending of said centerline. 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. - RESOLUTION NO. 164-1991 See Res. Book No. 99 which is incorporated herein by reference. A Public Hearing was held to consider a Land Use Map Amendment to change the Land Use Designation from Destination Resort (DR) and Suburban Commercial (SC) to Urban Commercial (UC) for certain properties owned by the State of Florida and which are located in the Marathon area: generally described as being a portion of Government Lot 1, Section 9, Township 66 South, Range 32 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida, Mile Marker vv 016 48.5. Shirley Mart Benson addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve. 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. A Public Hearing was held to consider a budget amendment to the Monroe County Capital Projects Fund #303 - 1988 Bond Issue for Fiscal Year 1991. There was no public input. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Resolution adopting an amended budget. Roll call vote was unanimous. RESOLUTION NO. 165-1991 See Res. Book No. 99 which is incorporated herein by reference. A Public Hearing was held to consider a budget amendment to the Capital Projects Fund #301 for Fiscal Year 1991. There was no public input. Motion was made by Mayor Harvey and seconded by Commissioner Stormont to adopt the following Resolution adopting an amended budget. Motion carried unanimously. RESOLUTION NO. 166-1991 See Res. Book No. 99 which is incorporated herein by reference. BOARD OF APPEALS Motion was made by Commissioner Cheal and seconded by Commissioner London to adopt the following Resolution denying the appeal for a dimensional variance by Eugenio and Surina Fernandez for their property located at 132 Mangrove Lane, Tavernier, Monroe County. 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. RESOLUTION NO. 167-1991 See Res. Book No. 99 which is incorporated herein by reference. There being no further business, the meeting was adjourned. * * * * *