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10/29/1991 Regular ww 115 Regular Meeting Board of County Commissioners Tuesday, October 29, 1991 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date at the Monroe County Library in Key Largo. Present and answering to roll call were Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Commissioners Earl Cheal and Douglas Jones arrived later in the meeting. 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 London and seconded by Mayor Harvey to approve additions, corrections and dele- tions to the Agenda. Motion carried unanimously with Commissioners Cheal and Jones not present. MISCELLANEOUS Jim Smith of the South Florida Water Management District addressed the Board and discussed the draft Water Sup?ly Policy Document. No action was taken. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton and Bud Caldwell of David Volkert and Associates made a presentation concerning the design concepts for Key West International Airport. COMMISSIONERS CHEAL AND JONES ENTERED THE MEETING AND TOOK THEIR SEATS Motion was made by Commissioner Jones and seconded by Commissioner London to approve the one-level concept for the terminal at Key West International Airport. 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. WW' .116 DIVISION OF PUBLIC WORKS Presentations were made by the following short- listed firms for General Architectural/Engineering Services: Carr Smith & Associates, Keith & Schnars, Post Buckley Schuh and Jernigan, Reynolds Smith & Hills, and David Volkert & Associates. The Board 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 Carr Smith 4 2 5 4 3 18 Keith & Schnars 1 5 2 1 2 11 Post Buckley 3 1 1 5 1 11 Reynolds Smith 2 3 3 3 5 16 Volkert 5 4 4 2 4 19 The Clerk announced the results of the tabulation which reflected a tie between Keith & Schnars and Post Buckley Schuh & Jernigan. The Board then proceeded to ballot on the two tied firms with the following results: Cheal Jones London Stormont Harvey Total Keith & Schnars 1 2 2 1 2 8 Post Buckley 2 1 1 2 1 7 The Clerk announced the results of the tabulation which named Post Buckley Schuh & Jernigan as the successful firm. The Board then proceeded to discuss a proposed contract. Motion was made by Commissioner London and seconded by Commissioner Stormont to establish as a Board policy that the contract be for a three-year term, subject to annual performance reviews. Roll call vote was unanimous. The Board discussed the ranking process. Motion was made by Commissioner London that in the future, the Board will keep the number of short-listed firms to three. During discussion, the motion was withdrawn. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to authorize Staff to negotiate a contract with Post Buckley Schuh & Jernigan for General Architectural/Engineering Services. Roll call vote was unanimous. MISCELLANEOUS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the request of Marathon High School to hold their Homecoming Parade on November 21st and also to approve the request of Coral Shores High School to hold their Homecoming Parade on November 11th. Motion carried unanimously. \ VVVV 11Z PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Section 2-1, Monroe County Code, in order to pro- vide that in the case of capital projects with an estimated cost in excess of $100,000.00 that are the subject of exe- cuted construction contracts, the County Administrator may sign and execute change orders not to exceed $25,000.00 without County Commisssion approval; providing for severabi- lity; 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 Jones and seconded by Commissioner Cheal to adopt the following Ordinance. 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. ORDINANCE NO. 029-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Ordinances No. 016-1991, No. 015-1991, No. 014-1991 (Sec. 13-9, Monroe County Code), and Sec. 13.5-1(e) and (f), Monroe County Code, in order to completely prohibit alcoholic beverages at Higgs Beach and The Pines County Park in Key West, and all County parks in the Unincorporated Area of Monroe County, including Harry Harris Park, by repealing the County Commission's discretionary authority to permit per event sale and possession of alcoholic beverages at County parks; 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. The following individuals addressed the Board: Scott Cockerall of the Fraternal Order of Police, Rachel Lockhart, and Tammy Hillen. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to continue to the next Public Hearing. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No No No No Motion failed. BOARD OF APPEALS The Board considered the Administrative Appeal filed by Jimmie and Virginia Williams appealing Planning Commission Resolution No. 11-89 which denied their request for a dimensional variance to allow encroachment into the required sideyard and shoreline setbacks to facilitate the WW .118 construction of a single-family residential dwelling on property described as Lot 2, Block 10, Sexton Cove Estates, Section 1, Township GIS, Range 39E, Tallahassee Meridian, Key Largo. Growth Management Division Director Bob Herman and Assistant County Attorney Garth Coller addressed the Board. Jimmie Williams presented his appeal. Motion was made by Commissioner Cheal and seconded by Commissioner London to deny the appeal as the applicant had not presented enough material to overturn the Findings of Fact and Conclusions of Law used to make the Planning Commission's decision. Roll call vote was unanimous. The Board considered the Administrative Appeal filed by Ocean Pointe Commons Association appealing Planning Commission Resolution No. 179-91 denying the request for an llC Alcoholic Beverage Use Permit for property described as Tract "A", Planter's Pointe Subdivision, Sections 26 & 27, Township 62S, Range 38E, Tallahassee Meridian, Tavernier. Growth Management Division Director Bob Herman addressed the Board. Mr. Sadtler, representing the appellant, addressed the Board concerning this appeal. Attorney John Blakely, also representing the appellant, addressed the Board. Assistant County Attorney Garth Coller addressed the Board on behalf of the Planning Commission. Attorneys Sadtler and Blakely rebutted. Mr. Coller addressed the Board again. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal that although the Board does not find that the traffic and noise issues were supported by expert testimony in the record and therefore does not base their decision on either of those criteria, the appeal is denied due to insufficient material being presented at this hearing to justify Findings of Fact and Conclusions of Law to over- turn the Planning Commission's decision. Roll call vote was unanimous. The Board considered the Administrative Appeal filed by Hemisphere Equity Realty, Inc. appealing Planning Commission Resolution No. 25-91 which denied their appeal of the decision by the Director of Planning that the Tamarind Cove Major Development Order and any related building per- mits had become null and void. Growth Management Division Director Bob Herman addressed the Board. Attorney Jim Hendrick, representing the appellant, addressed the Board. Assistant County Attorney Garth Coller addressed the Board on behalf of the Planning Commission. Mr. Hendrick rebutted. Motion was made by Commissioner London and seconded by Commissioner Jones to deny the appeal and uphoid the decision of the Planning Commission as insufficient evi- dence was presented at this hearing to overturn the Findings of Fact and Conclusions of Law on which the Planning Commission based their decision. Roll call vote was unani- mous. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to re-compute the fees for the appeal to reflect the charge for one notice to the condominium unit as opposed to each individual owner. 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. The Board considered the Administrative Appeal filed by Floyd and Alice Melton appealing Planning I ww 119 Commission Resolution No. 23-89 which Resolution rescinded Building Permit No. 89-3-2069, which was issued to the Meltons on 9/5/89 allowing the construction of a dock on property which they own and which is described as Lot 4, Block 2, Buccaneer Point Estates, Section 31, Township 61S, Range 29E, Tallahassee Meridian, Key Largo. Growth Management Division Director Bob Herman and Assistant County Attorney Garth Coller addressed the Board. Attorney Jim Mattson addressed the Board concerning his motion to disqualify Commissioner Stormont. County Attorney Randy Ludacer read and entered into the record his memorandum of April 29, 1991, indicating that it was not necessary for Commissioner Stormont to disqualify himself. Mr. Mattson, representing the appellant, addressed the Board concerning the appeal. Mr. Coller, representing the Planning Commission, addressed the Board. Attorney Mitchell Cook, representing Mr. Clark, addressed the Board. Mr. Mattson rebutted. Mr. Coller addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to uphold the Planning Commission's decision in that the appellant failed to supply sufficient evidence to overturn the Findings of Fact and Conclusions of Law as coptained in Planning Commission Resolution 27-91 on which the Planning Commission based their 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. COUNTY ADMINISTRATOR Motion was made by Commissioner Jones and seconded by Commissioner Cheal to award the bid and approve and authorize execution of the Agreement with Mid Keys Services, Inc. concerning transportation services for Veterans Affairs. Motion carried unanimously. THE BALANCE OF TODAY'S AGENDA WAS CONTINUED AND CARRIED FORWARD TO TOMORROW, WEDNESDAY, OCTOBER 30, 1991 (AGENDA ITEMS B-2, B-3, B-4, F-2, F-3, F-4, F-5 and F-6)