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01/28/1992 RegularXX 0 2 9 Regular Meeting Board of County Commissioners Tuesday, January 28, 1992 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 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 a moment of silent prayer and the Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve additions, corrections and dele- tions to the Agenda. Motion carried unanimously. CONSTRUCTION PROGRAM MANAGEMENT - MK G Douglas Fuller addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve Staff's recommendation to reject bids received for Bid Package No. 13, Security Systems for the New Detention Facility, and to authorize re -advertising and re -bidding Bid Package No. 13. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman and John Fernsler of Wallace -Roberts -Todd addressed the Board regarding a contract amendment with Wallace -Roberts -Todd and Freilich-. Leitner to prepare a building permit allocation system. Motion was made by Commissioner Cheal to give conceptual approval. During discussion, the motion was withdrawn. George Kundtz and Dagny Johnson addressed the Board. After further discussion, motion was made by Commissioner Stormont andd seconded by Commissioner Cheal to approve in concept the $68,820.00 proposal dated January 17, 1992 for prepara- tion of a building permit allocation system that is before the Board today which is to be brought back in official for- mat for adoption. Commissioner Cheal moved to amend that the proposal is to show willingness to invite local attor- neys other than James Hendrick to participate in the pre- paration of the system without compensation. The amendment was accepted by the maker and became part of the original motion. Roll call vote on the motion was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes XX 03 0 Motion carried. Motion was then made by Commissioner Stormont and seconded by Commissioner London to direct Staff to negotiate for an hourly fee basis with James Hendrick to participate in these matters and to produce a contract acceptable to the Board, with monies to be paid through Growth Management. Roll call vote was unanimous. Attorney John Cardillo addressed the Board on behalf of Bayside Club, Islamorada, Inc. (J. F. Popplewell) pertaining to a refund request for fees in the total amount of $10,395.80 paid in 1985 for Permit C 17188 for a commer- cial addition which was appealed and never built. Motion was made by Commissioner Jones and seconded by Commissioner London to approve the refund request in the amount of $7,796.48, which amount represents the total request less a 25% fee. Roll call vote was unanimous. The Board entered into a discussion concerning a refund request in the amount of $944.50 to Mr. Hagarty and Mr. Gutierrez for full permit fees charged for renewal of building permit subsequent to rescission on August 7, 1991 of Resolution No. 302-1987 which allowed renewal fee of $100.00 within one year of expiration. Motion was made by Commissioner Jones and seconded by Commissioner London to accept Staff recommendation to postpone this matter until an Ordinance clarifying this issue is approved or denied. Roll call vote was unanimous. Planning Director Lorenzo Aghemo addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution granting the designation of "Historical and Cultural Landmark" to the following structures: The Long Key Overseas Railroad Viaduct, The Seven Mile Overseas Railroad Bridge, and The Bahia Honda Overseas Railroad Bridge. Roll call vote was unanimous. RESOLUTION NO. 059-1992 See Res. Book No. 105 which is incorporated herein by reference. Commissioner Cheal led a Board and Staff discussion regarding a legal opinion on 9J-5 requirements to protect human life and safe evacuation. The following individuals also addressed the Board: George Schroeder, Ken Metcalf, H. T. Pontin. No official action was taken. Motion was made by Commissioner London and seconded by Commissioner Cheal to return to a formal procedure whereby people who are interested in speaking on a par- ticular issue must sign up in advance of the call of the item. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes No Commissioner Cheal led a discussion regarding a possible workshop with intervenors. George Kundtz addressed the Board. No official action was taken. The Chair ruled that Richard Grosso of 1000 Friends of Florida could not speak because he did not sign up in advance of the call of the item. XX G 31 Commissioner Cheal then led a discussion regarding requiring the planners to provide economic implications of various scenarios prior to voting on the issues. Growth Management Director Bob Herman advised that such a report would be available on February 27, 1992. The Board accepted Commissioner Stormont's recommendation to postpone discussion on this matter for a determination of the validity of economic assumptions for the 1986 Plan. George Kundtz addressed the Board. No further action was taken. . The Board discussed a letter from The School Board requesting the County to make a financial commitment to help fund their mediation process concerning the proposed Big Pine Key Elementary School. Motion was made by Commissioner Stormont and seconded by Commissioner London directing the County Attorney to render written opinions to the Board on the following: A. Can mediation substitute for the due process requirements of the Constitution B. Whether or not laws of the County are indeed mediateable C. What happens if the mediations result in solutions not permissible under law Roll call vote was unanimous. Commissioner London reported to the Board on his trip to Tallahassee last week regarding the provisions of funding for land purchases or for implementing the Comprehensive Plan. After lengthy discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve after -the -fact travel expenses for Commissioner London to Tallahassee last week and also to approve travel expenses for Commissioner London and Attorney Hugh Morgan to Tallahassee on February 5th and February 6th. Motion carried unanimously. The Board recessed for lunch. The Board reconvened with all Commissioners pre- sent. SOUNDING BOARD Al Griffin addressed the Board on behalf of Jane and Herman Mullikin and their problems regarding the Building Department and permitting procedures. Phil Maguire addressed the Board. James Ruddy, Chairman of the Older Americans Advisory Board, addressed the Board concerning property taxes, school taxes, and related subjects. Mel Levitt and Linda Jensen addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Jones to suspend the XX 032 polity regardding time limits for speakers for this matter. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion failed. Former Representative Joe Allen and Reverend Bob Smith addressed the Board. Mr. Ruddy readdressed the Board and requested consideration of the following recommen- dations during the next twelve weeks, after which time the Older Americans would return to the Board: "l. An economic impact study of the stipulated agreement and other elements of the plan needs to be formulated. 112. Please support Joe Allen's efforts to file litigation against the State of Florida for tax discrimination against Monroe County. "3. Listen to David Horan explain how the Santa Rosa lawsuit will benefit the citizens of Monroe County. The Older American Board asks you to consider joining in a similar action. "4. Consider joining the coalition of small counties --now numbering 32 participants, including Duval County (Jacksonville), Florida Cattlemen's Association, and the Florida Farm Bureau. Please do not keep Monroe County isolated in the land planning process. 115. Reinstitute the Budget Review Committee. 116. Revive the Transportation Committee. 117. Stop wasting money on consultants. 118. Eliminate the duplication and overlap of services within the county. Also, any overlap of county bureaucracy as it relates to state and federal government bureaucracy. 11 9. Create checks and balances in county government and incentives for managers as well as employees for cost effective measures. Division director merit increases should be tied to performance. County government cannot write a blank check and unlike the federal government does not possess the luxury of printing more currency when a shortfall occurs. "10. Please demonstrate the economic necessity of the $10-plus million capital improvement costs in new airport construc- tion and government center in Marathon -- no matter how they are funded. We are hopeful this is not another example of expensive wasteful government. }�{ 033 "ll. We are asking for an accounting of the 1% infrastructure sales tax. "12. Also, we ask for an accounting of the impact fees collected since their inception. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution requesting Representative Saunders and Senator Plummer to immediately address with the State Legislature the inequities of the taxes in Monroe County. Roll call vote was unanimous. RESOLUTION NO. 060-1992 See Res. Book No. 105 which is incorporated herein by reference. After further discussion, motion was made by Commissioner London and seconded by Commissioner Jones requesting the County Attorney to investigate possbilities of filing lawsuits against State Government and Federal Government about tax inequities and the school formula. Roll call vote was unanimous. The following persons addressed the Board regarding a turn lane at the west end of US-1 in Marathon: Naulda Bomier, George Tschann, Cliff Bean, Betty Jones, John Stiglitz, Ken Farrell, Cindi McDonald, David Brown, Brock Hook, John Anderson, Bob Neiman, Richie Moretti, Vince Alexander, Ross Elwell, Bob Ernst, Joe Ardolino, Fred Caldwell, Jeanne Desautelle, Mary Gasparotto, Ray Fenton, Clavon White. Motion was made by Commissioner Cheal and seconded by Commissioner Jones that a Resolution be drafted and brought back to the Board requesting that the speed limit in this area be reduced and requesting the law enforcement agencies to be more careful of their enforcement of speed limits in this area. Motion carried unanimously. The Board then directed the County Administrator to advise the Florida Department of Transportation of today's meeting. H. T. Pontin addressed the Board concerning the Marine Resources Department. During discussion, motion was made by Commissioner London and seconded by Commissioner Cheal to set policy for a time limit of at least six minutes for speakers on the Sounding Board. Motion was made by Commissioner Cheal to amend to add a direction to the County Administrator to suggest to the requesting parties for Sounding Board appearances that they try to supply sup- porting documentation. The amendment was accepted by the maker and became part of the original motion. Motion carried unanimously. Vern Pokorski addressed the Board. The County Administrator advised the Board that a status report would be forthcoming shortly from the Marine Resources Department. Elizabeth C. Lemon of the League of Women Voters of Monroe County addressed the Board and discussed the adoption by the Florida Legislature of the beverage container depo- sit, also known as the "Bottle Bill". Connie Grabois and Bob Ernst also addressed the Board. Staff was directed to obtain for the Commission copies of all of the proposed recycling bills. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance providing for the amendment of Subsection (c) and the addi- tion of Subsections (d), (e) and (f) to Section 6-57 of the 034 Monroe County Code; said subsections shall provide for the requirements of contractors' advertisements; providing for severability; providing for repeal of all Ordinances incon- sistent 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 seconded by Commissioner Cheal to read by title only. Motion carried unanimously. The County Attorney read by title only. Growth Management Division Director Bob Herman addressed the Board. Bill Smith of the Florida Keys Contractors Association addressed the Board. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to delete Section 4 of the proposed Ordinance. Motion carried unanimously. Motion was then made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Ordinance as amended. Motion carried unanimously. ORDINANCE NO. 003-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Monroe County Code Sec. 6-56 by the addition of a paragraph providing for the testing of all contractor cate- gories unless exempted elsewhere in Chapter 6; providing for severability; providing for repeal of all Ordinances incon- sistent 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 Stormont to read by title only. Motion carried unanimously. The County Attorney read by title only. Bill Smith of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to continue to the next meeting. Motion carried una- nimously. A Public Hearing was held on a proposed Ordinance repealing Chapter 2, Article XVI, Monroe County Code, thereby dissolving the Pigeon Key Advisory Authority; pro- viding 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. The following persons addressed the Board: Bob Neiman of the Marathon Chamber of Commerce, Richie Moretti of the Marathon Old Town Merchants Association, Bob Ernst, Bettye Chaplin. Motion was made by Commissioner Stormont and seconded by Commissioner London to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal No Jones Yes London Yes Stormont Yes No ORDINANCE NO. 004-1992 See Ord. Book No. 27 which is incorporated herein by reference. XX 035 After lengthy discussion, motion was made by Commissioner London and seconded by Commissioner Jones to direct the County Administrator to go out for RFP's to restore and manage the historical island of Pigeon Key. Roll call vote was unanimous. BOARD OF APPEALS The Board considered a public hearing of the Administrative Appeal filed by James E. Spisiak, Sr. of the decision of the Planning Commission upholding the decision by Planning Staff denying a building permit application to construct a "communications system" because subject pro- perty has a Land Use Designation of Suburban Commercial (SC) and that, specifically, communication towers are not listed as a permitted use in the "SC" land use district; property is described as portions of Government Lots 1 & 2, Section 9, Township 66S, Range 32E, Tallahassee Meridian, Key Vaca. Barbara Hall, attorney for Mr. Spisiak, addressed the Board. Garth Coller, Assistant County Attorney, addressed the Board. Ms. Hall rebutted. Mr. Coller addressed the Board again. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to uphold the Planning Staff's and Planning Commission's decisions and that the appellant has not provided justification to show that there was an error, and to further request the County Attorney's Office to draw up a Resolution in accordance with the provisions of Section 9.5-47(b) of the Code. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to provide citizens an opportunity to comment on the Community Development Block Grant application. Proof of publication was entered into the record. The following individuals addressed the Board: Beverly Johnson, President of the Monroe County Citizens Advisory Task Force; Lawrence Johnson; Dagny Johnson. Wight Childress of Langton & Associates addressed the Board. A Public Hearing was held to allow for public input on a proposed Ordinance adopting and approving certain text amendments to the Comprehensive Plan and Land Development Regulations that incorporate new methods and standards for. measuring traffic levels of service; and providing for transmittal to the State Land Planning Authority; for severability; and an effective date. Proof of publication was entered into the record. Mark Rosch of the Growth Management Division and Raphael De Arazoza of the Florida Department of Transportation addressed the Board. The following individuals also addressed the Board: George Schroeder, Dona Merritt, Bill Smith, George Kundtz, Dagny Johnson, Walter Carson, Bob Ernst. Motion was made by Commissioner London and seconded by Commissioner Jones to continue to the next Public Hearing on February 18th. Motion carried unanimously. ,A Public Hearing was held to consider the adoption of a Resolution regarding a Budget Amendment to the Unincorporated Parks and Beaches Fund #717 for Fiscal Year 1992. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner London to adopt the following Resolution. Motion carried unanimously. XX 036 RESOLUTION NO. 061-1992 See Res. Book No. 105 which is incorporated herein by reference. A Public Hearing was held to consider the adoption of a Resolution regarding a Budget Amendment to the Fine and Forfeiture Fund #101 for Fiscal Year 1992. Proof of publi cation was entered into the record. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. RESOLUTION NO. 062-1992 See Res. Book No. 105 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone Agenda Item C-1 and to continue Agenda Items D-1 through D-4 until tomorrow's meeting. Motion carried unanimously. There being no further business, the meeting was adjourned.