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02/18/1992 Regular}x 064 Regular Meeting Board of County Commissioners Tuesday, February 18, 1992 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 Lions 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 a moment of silent prayer and the Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS The Board consented to certain additions, correc- tions and deletions to the Agenda. DIVISION OF GROWTH MANAGEMENT George Garrett, Director of the Marine Resources Department, addressed the Board concerning his department's progress to date and the department's "Mission Statement". A presentation concerning progress in the develop- ment of the Florida Keys Marine Sanctuary Management Plan was made by the following persons: George Garrett, Marine Resources, Monroe County; Commander Bill Harrigan, NOAA, Chief, Sanctuaries and Reserves; Ed Lindelof, NOAA, Chief, Gulf & Caribbean Branch; Billy Causey, NOAA, Manager, Sanctuary Project; Molly Holt, NOAA, Attorney, NOAA General Counsel; Paul Johnson, Governor's Office. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to grant permission to the NOAA Florida Keys National Marine Sanctuary field staff to add the Monroe County logo to the sign located in front of the Marathon field office. 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 Yes George Garrett, Director of Marine Resources, addressed the Board. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to grant approval of a Memorandum of Understanding concerning a cooperative action plan to develop and construct an alter- native waste water treatment demonstration project. Roll XX 065 call vote was unanimous. Mr. Garrett addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner London to grant approval to seek additional funds in the amount of $35,773.00 through a contract amendment with EPA for the ADID of Wetlands for the Florida Keys. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Cheal to accept Staff's recommendation for approval of the final payment of the negotiated amount of $3,800.00 to Sedway Cooke Associates for four months of additional overhead incurred during completion of the Big Pine Key Community Plan. 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 Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the Staff's recommendation to implement the Marine and Port Advisory Committee as the Citizens Advisory Council for boating management. Motion carried unanimously. Planning Director Lorenzo Aghemo addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Resolution authorizing execution of an Agreement among the Florida Department of Community Affairs, Monroe County, Forestek, Inc. and Herbert E. Brieler concerning Lots 11-16 and 25-30, Block 9, Plantation Key Colony Subdivision, Plantation Key, Section 5, Township 63S, Range 38E, in Unincorporated Monroe County, Florida. 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 Yes RESOLUTION NO. 100-1992 See Res. Book No. 106 which is incorporated herein by reference. Mr. Aghemo and Dagny Johnson of the Upper Keys Citizens Association addressed the Board concerning a pro- posed Resolution authorizing execution of an Agreement among the Florida Department of Community Affairs, Monroe County, Francis N. Cook and Upper Keys Marine Construction, Inc. concerning property described as the NW i of the NW , Section 26, Township 62S, Range 38E, Key Largo, Unincorporated Monroe County, Florida, and located at approximate Mile Marker 92.5. During discussion, motion was made by Commissioner London and seconded by Commissioner Jones to postpone to the next Regular Meeting. Roll call vote was taken with the following results: 066 Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. II - Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the following Resolution authorizing execution of an Agreement between the Florida Department of Community Affairs, Monroe County and Rogen, Inc. concerning Lot 8, Block 1A, Amended Plat of Bay Harbor, located at approximate Mile Marker 94.5, Key Largo, Unincorporated Monroe County, Florida. Roll call vote was unanimous. RESOLUTION NO. 101-1992 See Res. Book No. 106 which is incorporated herein by reference. Mr. Aghemo and Andy Tobin of the law firm of Mattson and Tobin addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the following Resolution authorizing execution of an Agreement among the Florida Department of Community Affairs, Monroe County, Albert and Mary Lew Griffin, and Goode, Olcott, Knight & Associates concerning Lots 4-8 and 33-37, Block 9, Plantation Key Colony Subdivision, Section 5, Township 63S, Range 38E, at approximate Mile Marker 90, Unincorporated Monroe County, Florida. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. RESOLUTION NO. 102-1992 See Res. Book No. 106 which is incorporated herein by reference. Growth Management Division Director Bob Herman addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner London to approve and authorize execution of an Amendment to Agreement For Professional Services with Wallace Roberts & Todd consisting of (1) implementing the building permit allocation system for the fixed amount.of $49,720.00 and (2) further revisions to the LDRs assigned to the consultant by written authori- zation from the County with services billed at an established hourly rate with a total price not to exceed $65,000.00. Roll call vote was taken with the following results: — Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. Motion was -made by Commissioner Stormont and seconded by Commissioner London to approve and authorize XX 067 execution of a Second Amendment to Agreement For Consulting Services with Freilich, Leitner, Carlisle & Shortlidge con- sisting of (1) implementing the building permit allocation system for the fixed amount of $19,100.00 and (2) further revisions to the LDRs assigned to the consultant by written authorization from the County with services billed at an established hourly rate with a total price not to exceed $35,000.00. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. Consent Agenda - Boundary Determination Planning Director Lorenzo Aghemo, Attorney Andy Tobin, and Reverend Ira Chase of the Coral Isles Church addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 83, Lots 1, 2, 3 & 4, Block 3, Fontaine Lakes Estates, and portions of the Absolom Albury Tract, Plantation Key, Monroe County, Florida, approximately Mile Marker 90. During discussion, motion was withdrawn. Motion was made by Commissioner Stormont to con- tinue with the Board's recommendation that Staff review each property independently in context of SR. During discussion, this motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Jones to accept Staff's recommendation to adopt the Resolution for properties other than Coral Isles Church and that Coral Isles Church be reconsidered by Staff to a boundary deter- mination of SR. Roll call vote was unanimous. RESOLUTION NO. 103-1992 See Res. Book No. 106 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve a Professional Service Order with Post Buckley Schuh & Jernigan for stormwater management services in a lump sum amount of $32,500.00, including reimbursables. Roll call vote was unanimous with Commissioner Jones not present. The Board recessed for lunch. The Board reconvened with all Commissioners pre- sent. SOUNDING BOARD Ilajean Horowitz, Executive Director of The Alliance For Aging, Ed Hubschmidt, and Mel Levitt addressed the Board. Social Services Director Louis LaTorre also XX 068 addressed the Board. After discussion, Staff was directed to bring back a report at the next meeting with recommen- dations for staffing at the AARP Centers. Richard Warner addressed the Board concerning the establishingment of Keys Broadcasting, Inc., a proposed non- --_ profit, public service entity for the purpose of taping, editing and telecasting Monroe County public meetings. After lengthy discussion, the County Administrator was directed to further negotiate with the organization and report back at a later meeting. The Board also discussed the possibility of televising certain meetings and public hearings regarding the Land Use Plan. Ms. Barbara Black addressed the Board to request permission to utilize a portion of the Key West Truman School facility for a detoxification center and homeless persons shelter. Motion was made by Commissioner London to appoint Commissioner Jones as a delegate to the City of Key West to represent the County before the City Commission and present the County's concerns in this matter. During discussion, motion was withdrawn. Motion was then made by Mayor Harvey and seconded by Commissioner Cheal to give con- ceptual approval and enter into negotiations to bring back a rental agreement for this facility, contingent upon the City's approval. Roll call vote was unanimous. The following persons addressed the Board con- cerning road safety in Marathon: George Tschann and Naulda Bomier of Citizens For A Safe Highway, and Richie Moretti of the Marathon Old Town Merchants Association. No official action was taken. PUBLIC HEARINGS 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 Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. Bill Smith and Walter Carson of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner London to continue to the next Regular Meeting at 3:00 p.m. on March 10, 1992 at the Key Largo Library. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Monroe County Code Sec. 6-56 providing for con- sistency in the language of the definitions of each spe- cialty contractor; providing a revised definition for — cabinet and millwork specialty contractor; providing for creation of new categories of elevator installation, garage door opener/installation, sign electrician (wiring only), and waterproofing and seal -coating specialty contractor; providing for the deletion of the requirement for some spe- cialty contractors that their work be performed under a per- mit obtained by another contractor; 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 XX 069 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 addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to continue to the next Regular Meeting at 3:00 p.m. on March 10, 1992 at the Key Largo Library. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Monroe County Code Section 16-24 to delete cita- tions to specific sections of the Florida Statutes and to insert in lieu thereof the term general provisions of law; 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 Stormont 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 Cheal and seconded by Commissioner London to adopt the following Ordinance. Roll call vote was unani- mous. ORDINANCE NO. 006-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held regarding a Resolution stating the County Commission's intent to utilize the non - ad valorem assessment method for law enforcement on Duck Key. Proof of publication was entered into the record. The following persons addressed the Board: D. Scambia, Emil Lockwood, George Toop, Marvin Cohn, Lillian Tallant. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 104-1992 See Res. Book No. 106 which is incorporated herein by reference. The Board then entered into a discussion concerning appointments to the Duck Key Advisory Board. Motion was made by Commissioner Cheal and seconded by Commissioner London to nominate Sheldon Evans, to have the proposers of the Ordinance designate one member, and to draw the names of the remaining five members from a hat. Roll call vote was unanimous. After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to continue this matter until later in the day. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Ron Giovannelli and Hans Zarbock of Dames & Moore made a presentation concerning the Key West International Airport and Marathon Airport Stormwater Master Plans. Joyce Newman addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to eliminate the T-hangars and the moving of the fire station proposed at Marathon Airport and all other improvements that require modification of existing East and West Basins. Roll call vote was taken with the following results: XX 070 Commissioner Cheal No Commissioner Jones Yes Commissioner London No Commissioner Stormont Yes Mayor Harvey No Motion failed. Motion was then made by Mayor Harvey and seconded by Commissioner Cheal to conceptually accept the Stormwater Master Plans with the addition of a preamble to be provided by the consultants and to be brought back to the Board for their approval. During discussion, motion was made by Commissioner Cheal and seconded by Mayor Harvey to postpone until tomorrow for receipt of the preamble. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. PUBLIC HEARINGS - MISCELLANEOUS The Board returned to a discussion of appointments to the Duck Key Advisory Board. Emil Lockwood indicated that Fred Rowe of DuckPO and Sheldon Evans had been recom- mended by the group for appointment to the Duck Key Advisory Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones that the names of the other nominees for appointments to the Board be selected from the two separate groups - three nominees to come from the members of DuckPO and two to come from the non-DuckPO members. Motion carried unanimously. The Clerk proceeded to draw the names as instructed by the Board with the following results: Dick Sonner Thelma Collins Crawford Adams Charles Knighton Mona Chase 3-year appointment 3-year appointment 1-year appointment 1-year appointment 1-year appointment Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve the foregoing appointments. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner London discussed DOT removal of Old State Road 4 on Cudjoe Key as part of a mitigation project. Motion was made by Commissioner Jones and seconded by Commissioner London to allow David Ornstein to speak out of order at the end. Motion carried unanimously with Commissioner Stormont not present. The following indivi- duals addressed the Board: Chris Phillips of Southern Bell, Pete Kalla, Dorothy Johnson, and David Ornstein. Motion was made by Commissioner London and seconded by Mayor Harvey directing the County Attorney to review the situation and provide recommendations that would allow the road to remain. Roll call vote was unanimous. BOARD OF APPEALS A Public Hearing was held to consider the Administrative Appeal filed by Robert T. Skerrett of the X�{ 0 7 1 decision by the Planning Commission to uphold the decision by Ty Symroski, Development Review Coordinator, stating that an RV Park is not a permitted use in the Suburban Commercial Land Use District, property described as Tract A, Cudjoe Ocean Shores Sec. 2A, Section 27 & 28, Township 66S, Range 28E, Tallahassee Meridian, Cudjoe Key. Proof of publication was entered into the record. Prior to this hearing, Commissioner Stormont notified the Board and the County Attorney of his receipt of an ex parte communication from one of the participants. The County Attorney advised that the Board should disregard any such communication and proceed with the appeal. Planning Director Lorenzo Aghemo addressed the Board. Attorney Fred Tittle addressed the Board. Assistant County Attorney Garth Coller addressed the Board. Mr. Coller submitted a letter from Bill Pitt to David Ornstein dated October 9, 1991 which should have been included in the record. Mr. Tittle objected for the record. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to uphold the Planning Commission's decision and deny the appeal in that the appellant failed to show error on the part of the Planning Commission. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held 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 Agency; for severability; and an effec- tive 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 with Mayor Harvey not present. The County Attorney read by title only. Mark Rosch addressed the Board. The following individuals also addressed the Board: David Ornstein representing James and Paula Holzinger, Al Perkins, Cleare Filer, Dona Merritt. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend "b. Level of Service" on Page 3 of the Ordinance to insert the words "as determined by Service Task Force Methodology" at the end of the first sen- tence thereof and to insert the words "according to the Highway Capacity Manual" at the end of the second sentence thereof; and also to amend Section 9.5-4(L-4) of the LDRs as recommended by the Planning Commission to substitute the word "quantitative" for the word "qualitative". Roll call vote was unanimous with Mayor Harvey not present. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to amend Section 9.5-292(a)(1)(a) of the LDR's so as to read as follows: County Road 905 within three (3) miles of a parcel proposed for development shall have sufficient available capacity to operate at level of service D as measured on an annual average daily traffic (AADT) basis at all intersections and/or roadway segments. U.S. 1 shall have sufficient available capacity to operate at level of service C on an overall basis as measured by the U.S. 1 Level of Service Task Force Methodology. In addition, the segment or segments of U.S. 1, as identified in the U.S. 1 Level of Service Task Force 072 Methodology, which would be directly impacted by a proposed development's access to U.S. 1, shall have sufficient available capacity to operate at level of service C as measured by the U.S. 1 Level of Service Task Force Methodology and to delete Section 9.5-292(a)(1)(c) of the LDR's, and to then adopt the following Ordinance as amended. Roll call vote was unanimous with Mayor Harvey not present. ORDINANCE NO. 007-1992 See Ord. Book No. 27 which is incorporated herein by reference. There being no further business, the meeting was adjourned.