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07/16/1991 Regular VV 103 Regular Meeting Board of County Commissioners Tuesday July 16, 1991 Key Colony Beach City Hall A Meeting of the Board of County Commissioners convened at I:OO p.m. on the above date at the Key Colony Beach City Hall. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner Jack London, and Mayor Wilhelmina Harvey; Commissioner Stormont was not present. Also present were Nancy Cohen, 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Mayor Harvey and seconded by Commissioner Jones to approve additions, deletions and corrections to the Agenda. Motion carried unanimously. SOUNDING BOARD Scout Master Murrel M. Mccomas, addressed the Board requesting that the Board waive campers fees at Pigeon Key for Boy Scouts of America Troop #901. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to waive the fees. Motion carried unani- mously. Mr. Tom Cherniavsky, President of the Heart of the Keys Resort Association addressed the Board concerning the lobster sports diving weekend. The following persons also addressed the Board; Cheryl Leslie representing the Diving Site, Bob Brayman of the Florida Association of Dive Operators, Dr. Crawford Adams and Richie Moretti. After discussion, motion was made by Mayor Harvey and seconded by Commissioner Jones to appoint a committee consisting of mem- bers of the Dive Operators Association, the Chambers of Commerce, the Hotel and Motel Association, and residents, and divide the number among each one of the Commissioners and ask the organizations for representatives to sit on the committee. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey No No No Yes Motion failed. After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to ask the Port and Marine Advisory Committee to review this issue and the various concerns that were brought to the Board's attention today and report back to the Board. Roll call vote was unanimous. COUNTY ATTORNEY County Attorney Randy Ludacer presented a summery of pending litigation vs the County. Mr. Ludacer discussed cases concerning wrongful zoning and the potential liability vv 104 for the County under those circumstances. Mr. Ludacer also discussed procedures as they apply to the Planning Commission. Mr. Ludacer recommended to the Board that he not proceed pursuant to the Boards previous direction to develope a handbook of procedures to be used by the Planning Commission as these items in his opinion were already dealt with in sufficient detail in the Land Use Plan and Land Development Regulations. Motion was made by Commissioner London and seconded by Commissioner Cheal that Mr. Ludacer be directed to drop preperation of a Planning Commission handbook. Motion carried unanimously. COUNTY ADMINISTRATOR Nancy Criswell, Executive Director of the State Attorney's Office, addressed the Board concerning con- sideration of approving leasing approximantly IO,OOO square feet of office space in the Eaton Street Professional Building to accomodate State Attorney and Public Defender office space requirements. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones to direct the County Administrator to evaluate the new site and compare what is being paid at the Kress Building. During discussion, motion was amended by Commissioner Cheal to allow the County Administrator to look at other buildings. The amendment was accepted by the maker and bacame part of the original motion. Roll call vote was unanimous. PUBLIC HEARING A Public Hearing was held concerning the proposed Ordinance amending section 12-11, Monroe County, pertaining to the regulation of sale of detergents, by amending subsec- tion 2(B) concerning general prohibitions, and by amending subsection (3) concerning exemption from the general prohi- bitions; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incor- poration into the Monroe County Code or Ordinances; and pro- viding for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner London 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; Dr. Brian La pointe, Dennis Griesing, Director of Public Affairs of the Soap and Detergent Association; Joyce Newman, Florida Keys Coordinator for Clean Water Action. After discission, motion was made by Commissioner Cheal and seconded by Commissioner London to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 020-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held concerning the proposed Ordinance providing for the use of county funds for employee awards; declaring the expenditure of such purposes to be a public purpose and authorizing expenditures for such pur- poses; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for inclusion in 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 Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following vv 105 ..." - ---~'""--- - - - Ordinance. Roll call vote was unanimous. ORDINANCE NO. 021-1991 See Ord. Book No. 26 which is incorporated herein by reference. COUNTY ATTORNEY Motion was made by Commissioner Cheal and seconded by Commissioner Jones to grant approval and authorize execu- tion of an Employment Contract with Curtis J. Grodin as an Assistant County Attorney. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to grant approval and authorize execu- tion of a contract with Dr. Brian E. Lapointe concerning modification of the County's Phoshate Ordinance and defense of same. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Cheal not to go forward with proposed Resolution setting date, time and place for a public hearing concerning proposed abandonment of a portion of Schooner Lane, Duck Key. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner London to deny the proposed settlement in the matter concerning BOCC v. Marathon, Ltd., Case No. 89-20069-CA-09. Roll call vote was unanimous. The Board entered into a discussion concerning Twin Harbor, Inc. v. Monroe County. Dagney Johnson and Hans Restuccia addressed the Board. After discussion, motion was made by Commissioner Jones and seconded by Commissioner London not to appeal although the Board feels that this is not in the community character and should not have been per- mitted in the first place. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the recission of a Retainer Agreement with Robert Apgar that was approved on June 26, 1991 and approval of revised Retainer Agreement with Haben, Culpepper, Dunbar and French concerning the case of Schmitt v. Monroe County. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes No Yes Yes Motion carried. Motion was made by Commisioner Jones and seconded by Commissioner Cheal to approve the advertisement of an Ordinance concerning requirements of contractor adver- tisements. During discussion motion was withdrawn. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone the proposed Ordinance. Roll call vote was taken with the following results: ( l. Commissioner Cheal Commissoner Jones Commissioner London Mayor Harvey Yes Yes No Yes Motion carried. ( ( VV106 - Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution of the Monroe County Board of County Commissioners to uphold the appeal filed by Shirley Mart Benson and William L. Thompson of the approval by the Director of Planning of Development Order #27-90 for minor conditional use permit to allow the construction of a fourteen unit affordable housing complex by the Florida Low Income Housing Association. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey No Yes Yes Yes Motion carried. RESOLUTION NO. 236-1991 See Res. Book No. 100 which is incorporated herein by reference. COUNTY ADMINISTRATOR Motion was made by Commissioner London and seconded by Commissioner Cheal to grant approval of the proposed dates for Monroe County Commissioners Special Meetings concerning the Comprehensive Plan. Motion carried unanimously. Meetinq Date Meetinq Location July 25, 1991 August 21, 1991 September 25, 1991 October 16, 1991 November 13, 1991 December 18, 1991 Key Colony Beach Key West Lions Club Key Largo Library Key Colony Beach Key West Lions Club Key Largo Library Motion was made by Commissioner Cheal and seconded by Commissioner London to approve submission of the revised timetable for FY 1992 Budget Cycle. Motion carried unani- mously. See attached. Mr. Brown presented the Board with the Tentative Monroe County Budget for Fiscal Year 1992. See attachments A and B. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve participation in the State of Florida Community Corrections Partnership Act and appointment of a Correction Planning Committee. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Mayor Harvey Yes No Yes Yes Motion carried. The Board entered into a discussion of the I Department of Health and Rehabilitative Services response to request to reinstate State funded rabies prevention program. After discussion the County Administrator was directed to investigate the possibility of user fees and petition VV107 Representative Saunders to initiate legislative action man- dating reenactment of this program. There being no further business, the meeting was adjourned at 4:30 p.m. * * * * * - -