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06/04/1991 Regular vv 039 Regular Meeting Board of County Commissioners Tuesday, June 4, 1991 Key West ........ A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Lion's 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. Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve additions, deletions and correc- tions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Mayor Harvey presented Honorary Conch Certificates to members of the press - Shelley Sigo of The Keynoter, Dan Keating of The Miami Herald, and Bill Becker of USl radio station. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board. He advised the Board of receipt of a letter from the Federal Emergency Management Agency advising that the County has been accepted in the Community Rating System and that there would be a five percent reduction in all new or renewed flood insurance policies in place on or after October 1, 1991. -- Bob Apgar of the Wallace Roberts and Todd team and Marty Leitner of Freilich and Leitner addressed the Board regarding the proposed Interim Growth Ordinance. Motion was then made by Commissioner Jones and seconded by Commissioner London to allow the public to speak on the issue and to limit the speakers to three minutes. Roll call vote was unanimous. The following persons addressed the Board: David Ornstein, James Mattson, George Kundtz, Bill Wilkinson, Tom Fouts, Jim Aultman, Bill Smith, Peter Ryan, Dagny Johnson, Michael Halpern, Stanley Becker, Jerry Barnett, Brad Dressler, George Eager, Walter Carson, Fred Tittle, Brian Schmitt, Debbie Harrison. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to direct Staff to prepare the proposed Interim Development Ordinance and have the Clerk advertise same for two Public Hearings. Roll call vote was unanimous. Motion was then made by Commissioner Stormont to impose a Pending Ordinance Doctrine and accept no applications from 5:00 p.m. today until the effective date of the Ordinance. Motion died for vv 040 lack of a second. The Board recessed for lunch. * * * * * The Board reconvened at 1:30 p.m. with all Commissioners present except Commissioner Jones who entered the meeting at 1:40 p.m. Dr. Armando Henriquez, Superintendent of the Monroe County School District, addressed the Board regarding the 1991 Annual Assessment of Public Facilities Capacity. Debbie Harrison of the Big Pine Key Civic Association and James D. Young, Sr. also addressed the Board. This item was continued until later in the day. Bob Herman and John Fernsler of Wallace Roberts and Todd addressed the Board regarding WRT's proposed Agreement For Professional Services in connection with the Monroe County Comprehensive Plan. George Kundtz, representing the Florida Keys Citizens Coalition, addressed the Board. After lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner London to approve and authorize execution of the Agreement For Professional Services regarding the Monroe County Comprehensive Plan with Wallace Roberts and Todd (WRT) in the amount of $785,000.00. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No No Yes Yes Yes Motion carried. The Board and Staff then returned to a discussion about the proposed Interim Growth Ordinance. Motion was made by Commissioner London and seconded by Commissioner Stormont to adopt a Resolution which invokes the Pending Ordinance Doctrine, with the Whereas clauses to include all of the appropriate case law, and not to accept any addi- tional applications until the Interim Growth Ordinance is either adopted or not adopted. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to postpone until tomorrow in order to allow the attorneys to confer and report back to the Board. Roll call vote was unanimous. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve and authorize execution of an Agreement For Professional Services with Freilich, Leitner, Carlisle & Shortlidge in the amount of $50,000.00 for Phase I work only. Roll call vote was unanimous with Commissioner Jones not present. -- SOUNDING BOARD Freddy Castro addressed the Board concerning the renaming of the Key West International Airport. Motion was made by Commissioner Jones and seconded by Commissioner vv 041 London to change the name from "Meacham Field" to "Rosillo- Parla Field" at the Key West International Airport. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal to postpone and refer to the Cuban Relations Committee for research and a report back to the Board. Roll call vote was taken with the following results: - Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No No Yes Yes Motion carried. Timothy J. Bricker of the Habitat For Humanity addressed the Board regarding dumping fees for a Hibiscus Park Clean-up. Motion was made by Mayor Harvey to pay the dumping fees in an amount not to exceed $2,500.00, said amount to be taken from Contingency. Motion died for lack of a second. DIVISION OF COMMUNITY SERVICES Pat Rebull addressed the Board concerning the Key West International Airport Master Plan Update by Post Buckley Schuh & Jernigan. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to direct the Consultants to submit the Master Plan to the Board of County Commissioners for consideration and recommendation. Roll -- call vote was unanimous. BOARD OF APPEALS Motion was made by Mayor Harvey and seconded by Commissioner Jones to postpone to 1:15 p.m. tomorrow, June 5th, at the Key West Lion's Club, an appeal by Shirley Benson, et aI, of a denial of a like appeal before the Planning Commission of a minor conditional use permit to Florida Low Income Housing Association. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton announced that pre- sentations were to be made by the following engineering firms expressing their interest in becoming the General Airport Consultant: Burns & McDonnell; Greiner, Inc.; HNTB; The LPA Group; Post, Buckley, Schuh & Jernigan, Inc.; Reynolds, Smith & Hills, Inc.; David Volkert & Associates, Inc. The representative of David Volkert & Associates requested that their submissiOn be withdrawn because of the existence of a current contract with the County concerning __ the terminal expansion at the Key West International Airport. It was 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 firm would be that one with the lowest point total. The Board proceeded to ballot with the following results: vv 042 Cheal Jones London Stormont Harvey Total Burns & McDonnell 2 4 2 2 5 15 Greiner 1 5 1 1 4 12 HNTB 4 2 5 4 3 18 ~ LPA 3 3 4 3 6 19 Post, Buckley 6 1 6 6 1 20 Reynolds, Smith 5 6 3 5 2 21 The Clerk announced the results of the tabulation which named Greiner, Inc. as the successful firm. Motion was made by Commissioner London and seconded by Mayor Harvey to authorize Staff to negotiate with the firm of Greiner, Inc. Roll call vote was unanimous. PUBLIC HEARINGS Randy Ludacer, County Attorney, read a statement concerning the need for a transcript as per the Florida Statutes. 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; pro- viding 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, borrowing of funds as provided by general law, the imposition 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 administer 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: providing 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 obligations of contract: providing for severabi- lity; 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 Cheal and seconded by Mayor Harvey to read by title only. Motion carried unanimously. VV 043 The County Attorney read by title only. The following indi- viduals addressed the Board: Alan Farago, Don Meng, Stan Becker, Billy Causey, Peter Ryan, Irv Baltuff, Deborah Holle, Susan Foster of the Sugarloaf Shores Property Owners Association, Charlie Fricke, Al Griffin of Sugarloaf Key. Motion was made by Commissioner London and seconded by Mayor Harvey to continue to the next Public Hearing. Motion -- carried unanimously. A Public Hearing was held concerning a proposed Ordinange creating Sec. 6.3-13, Monroe County Code, in order to provide that the passage of time shall not operate as a bar to prosecutions before the Code Enforcement Board; pro- viding for severability; providing for incorporation into the Monroe County Code of Ordinances; providing for the repeal of all Ordinances inconsistent herewith; and pro- viding 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. The following persons addressed the Board: Don Meng of the Big Pine Key Civic Association, Reverend Bob Smith, B. G. Carter who read a petition submitted by Joan Tucker who was not present, Charlie Fricke, James Young, Vern Pokorski, Susan Foster of the Sugarloaf Shores Property Owners Association, Nancy Baxter, Dagny Johnson of the Upper Keys Citizens Association. Motion was made by Commissioner Jones and seconded by Mayor Harvey to amend the proposed I Ordinance to include a four-year statute of limitations. During discussion, the motion was withdrawn. Motion was made by Commissioner Jones and seconded by Commissioner London to deny passage of the proposed Ordinance. 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. The County Attorney was directed to bring back to the Board an Ordinance which would impose a four- year limitation. 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. Proof of publication was entered into the record. Karen Kennedy DeMaria of Post Buckley Schuh & Jernigan and Dagny Johnson of the Upper Keys Citizens Association addressed the Board. No action was taken. -- A Public Hearing was held on a proposed Ordinance providing that the Board of County Commissioners may, by Resolution, approve additional compensation to the newly- employed Municipal Service Division Director, Barry Michael Boldissar, in an amount not to exceed $5,500.00; providing for certain restrictions on such compensation; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Cheal and seconded by Commissioner London to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to vv 044 adopt the following Ordinance. Roll call vote was unani- mous. ORDINANCE NO. 011-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Sec. 13-8, Monroe County Code, in order to prohibit any person from remaining at or in any County beach or park in the Unincorporated Area of Monroe County from 11:00 P.M. until 7:00 A.M., excepting Harry Harris Park, and providing that the County Commission may waive such prohibition on a per event basis; amending Sec. 13-9, Monroe County Code, in order to provide the terms and conditions whereby the County Commission may waive the prohibition on the consumption of alcoholic beverages at or in any park in the Unincorporated Area of Monroe County and providing a definition of alcoho- lic beverage; providing penalties for violations thereof; 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 Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the Ordinance. During discussion, Commissioner Stormont moved to delete the word "ethyl". After further discussion, the motion was withdrawn. Motion was then made by Commissioner Jones and seconded by Commissioner London to continue to the next meeting. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Jones to postpone to the next meeting the Public Hearings considering proposed Ordinances describing The Pines County Park, etc. and Higgs Beach County Park, etc. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Section 19-102, Monroe County Code, in order to repeal certain sections which prohibit the parking or standing of a motor vehicle on U.S. 1 between 11 P.M. and 6 A.M. and which prohibit the parking or standing of a motor vehicle on various County roads and other properties and repealing the penalty clause therefor; prohibiting camping within the right-of-way of U.S. 1 and County-maintained arterial and collector streets in the Unincorporated Area of Monroe County between 11 P.M. and 6 A.M.; providing that the placement of a tent or a recreational vehicle on the right- of-way of those roads during the designated hours shall be presumed to be camping; providing for severability; pro- viding 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. Motion was made by Mayor Harvey and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. The following persons addressed the Board: George Eager, Vern Pokorski, George Schrader. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Ordinance. Roll call vote was taken with the following results: vv 045 Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes Motion carried. ORDINANCE NO. 012-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance suspending the rezoning of property until the Monroe County Comprehensive Land Use Plan transmitted to the State Land Planning Agency on February 4, 1991 or a modified version thereof becomes effective; providing for severability; pro- viding 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. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to read by title only. Motion carried unanimously. The County Attorney read by title only. The following persons addressed the Board: Stan Becker, Don Meng, Fred Tittle. Motion was made by Commissioner Cheal and seconded by Commissioner London to continue to a Special Meeting on June 18th at 5:01 p.m. in the Chapel at Stock Island. Roll call vote was unanimous. I Mayor Harvey called a Special Meeting for June 18th at 5:01 p.m. at the Chapel on Stock Island for the purpose of this item. -- A Public Hearing was held to consider a Budget Amendment to the General Fund #001 for Fiscal Year 1991. County Administrator Tom Brown discussed this matter. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution. Stan Becker addressed the Board. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes Motion carried. RESOLUTION NO. 186-1991 See Res. Book No. 99 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT - Staff presented the 1991 Annual Assessment of Public Facilities Capacity. Michael Halpern addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to continue until completion of the new methodology for traffic level of service. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes No Yes vv 046 Motion carried. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to refer proposed procedures for amending the Monroe County Land Development Regulations regarding fences to the Public Hearing scheduled for tomorrow, June 5th. Motion carried unanimously. Division Director Bob Herman addressed the Board cconcerning a proposed Resolution approving a major con- ditional use request by Key Largo Associates, Ltd. and issuing a development order for the construction of said project known as "Island Plaza Shopping Center" per the Order of Judge Richard Payne. Pauline Klein, Fred Tittle representing Key Largo Associates, Ltd., and Ken Metcalf of DCA addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone until the County Attorney can redraft a Resolution and verify the references to the Public Hearings conducted on the matter. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the Big Pine Key Community Plan. During discussion, the motion was withdrawn. The following individuals addressed the Board: Deborah Holle, Peter Ryan, George Garrett who read a statement from Joan Tucker, Joyce Newman, Vern Pokorski, George Garrett, Earl Gallup, Lorenzo Aghemo, Don Meng. Motion was made by Commissioner Cheal and seconded by Commissioner Jones acknowledging receipt of the document and making the following amendments: 1. Change the Piney Point Subdivision back to its original Land Use designation (Residential). 2. Change the SeaCamp designation to revert back to a Commercial cate- gory. 3. That the Plan be considered as part of the comprehensive planning pro- cess now underway. 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. Motion was then made by Commissioner London and seconded by Commissioner Jones acknowledging receipt of the Big Pine Key Community Plan and making the following amendments: 1. Change the Piney Point Subdivision back to its original Land Use designation (Residential). 2. Change the SeaCamp designation to revert back to a Commercial cate- gory. 3. That the Plan be forwarded to DCA for their comment. VV047 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 Cheal and seconded by Commissioner Stormont to grant approval to advertise a Request For Proposals for administration of the Community Development Block Grant. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner London to approve and authorize the execution of a Land Development Regulation Assistance Grant Contract with the Department of Community Affairs in the amount of $46,810.00. Roll call vote was unanimous with Commissioner Stormont not present. There being no further business, the meeting was adjourned. * * * * * .-- -