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03/31/1992 Regular}{ .12 9 1 I 1 . A Regular Meeting County Commissioners conven at the City Hall in Key Col to roll call were Commissio Douglas Jones, Commissioner Stormont, and Mayor Wilhelm Danny Kolhage, Clerk; Randy Brown, County Administrator Press and Radio; and the ge All stood for a Pledge of Allegiance. ADDITIONS, C Motion was made by by Mayor Harvey to approve tions to the Agenda. Motio DIVISION OF Regular Meeting Board of County Commissioners Tuesday, March 31, 1992 Key Colony Beach )f the Monroe County Board of �d at 9:00 a.m. on the aboveldate )ny Beach. Present and answering ier Earl Cheal, Commissioner, Jack London, Commissioner John _na Harvey. Also present were Ludacer, County Attorney; Tom County Staff; members of the feral public. ent of silent prayer and the' ECTIONS, DELETIONS Commissioner Jones and seconded dditions, corrections and dele- carried unanimously. ROWTH MANAGEMENT Division Director Bob Herman discussed the disposi- tion of the Army Corps of Engineers regarding permit viola- tions at the Marathon Courtiouse parking lot. No official action was taken. J John Fernsler of W Board and presented an econ discussed the availability in the future, to be billed the contract. Motion was m seconded by Commissioner Lo. from appropriate reserves o requested and subject to fu lize the services of Wallac Comprehensive Plan through the Department of Community taken with the following re Commissioner Cheal Commissioner Jones Commissioner Londo Commissioner Storm Mayor Harvey Motion carried. .11ace-Roberts-Todd addressed the mic impact analysis. He ,f his firm to assist the County on an hourly basis pursuantito de by Commissioner Stormont i and. don to release up to $50,000.00 an hourly basis as needed and: ther contract documents to uti- -Roberts-Todd on the 11 he defense of the Plan before Affairs. Roll call vote was ults : Yes No Yes nt Yes Yes Mr. Fernsler, Division Director Bob Herman and - Planning Director Lorenzo Aghemo addressed the Board con- cerning Wallace-Roberts-Tod4ls letter dated March 6, 1992 relative to their request for additional funding. Motion was made by Commissioner London and seconded by Commissioner Jones to deny the request, With the exception of Item 9 thereof as follows: 3 XX 130 "9. Mass Transit/Ports, Aviation and Related Facilities Mapping This work was requested by Monroe County Planning Department. Contract The Mass Transit and Ports, Aviation and Related Facilities Elements was a responsibility of Monroe County staff. However, WRT was requested by staff to provide the mapping of information related to these elements. WRT Actions WRT has mapped the.information provided by Monroe County for the Mass Transit and Ports, Aviation and Related Facili- ties Elements on the Existing and Future Traffic Circulation Map series. This has taken approximately 32 hours of Planner/CADD Operation time (at $55/hour) for a total of $1,760.00." During discussion, motion. was made by Mayor Harvey and seconded by Commissioner Stormont to amend the motion to hold out the computerized mapping from the motion for a later determination as to its usefulness to the County. Roll call vote on the amendment was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes, Motion carried. Roll call vote on the motion as amended was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont No No DIVISION OF COMMUNITY SERVICES Division Director Peter Horton addressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve and authorize execution_ of Lease Renewal Agreements with Airways International, Inc. for space at the Key West International Airport and the Marathon Airport. During discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont No No 1 1 1 XX 131 I J 1 Presentations wer Reynolds, Smith and Hills, International Airport Deve Major Conditional Use Cont the selection process woul according to a point syste .selection to receive the N nominee would be that one Board proceeded to ballot made by Dames & Moore and Inc. concerning the Key West opment of Regional Impact and act. The Board announced that be by ranking the firms reflecting the Number One mber One vote, and the successful ith the lowest point total.) The ith the following results: ' Cheal Jones Dames & Moore 1 1 Reynolds, Smith 2 2 London Stormont Harvey Total 1 1 1 5 2 2 2 i 10 The Clerk announced the results of the tabulation which named Dames & Moore as the I successful firm. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to authorize Staff to neaotiale with the firm of Dames & Moore. Roll call vote was unanimous. COMMIS Commissioner Londc from the employment of the and a proposed assignment c Growth Management Division issues. Hugh Morgan addres by Commissioner London and that all legal matters in r Plan be transferred to the including but not limited t resolutions, opinion issuan sufficiency matters. Durin Commissioner London and sec continue until after lunch. sent. The Board recess The Board recon IONERS' ITEMS n discussed the results... obtained law firm of Morgan and Hendrick f legal responsibilities for, the and development of related sed the Board. Motion was made seconded by Commissioner Stormont eference to the Comprehensive Growth Management Division o defense, case preparation, ces, outside counsel and legal g discussion, motion was made by onded by Commissioner Cheal to Motion carried unanimously. for lunch. with all Commissioners pre- COMMISSMONERS' ITEMS Motion was made by Commissioner London and seconded by Commissioner Stormont to engage the firm of Morgan and Hendrick based upon the following: "The scope and services under the engagement letter of January 2, 1992 is expanded to include, in addition to land us6 litigation, legal advice to the Growth Management Division ("the Division")!! and general legal servl'ces in connection with land use issues. The A torneys will act pursuant to instruction of the Director of Growth Manage- ment ("the Director")., "The Attorneys will advise the Director and Division Staff on land use matters as and when requested, but shall have no responsibility or authority to make policy decisions with respect to specific land use permits or applications, nor to render advisory opinions to anyone other than the Division and the BOCC. Except as may be customary and necessary in the course of litigation or when specifically directed to do so by the Director, the.Attorney shall refuse, and shall direct to the Division's staff, all third -party (e.g., a landowner, applicant, member of the general public or an interest group, or a representative thereof) inquiries, requests, and other communications which relate to a specific land use permit or application. This provision is intended to preserve the attorney -client relationship between the Division and the Attorneys, to limit billing for legal services to those services requested by the Division, and to define the appropriate lines of policy. decision -making." 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 then made by Commissioner Stormont and seconded by Commissioner London that all legal matters concerning the Land Use .Plan be'transferred to the Growth Management Division under Board of County Commissioners' supervision including but not limited to defense, case preparation, resolutions, opinion issuances, outside counsel, and legal sufficiency matters. 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 SOUNDING BOARD David Paul Horan addressed the Board concerning implications of the Santa Rosa County litigation with the Florida Department of Community Affairs and possible legal ramifications of the proposed County's rate of growth limi- tations. Jimmy Hendrick addressed the Board. Paula Langner of the Marathon Youth Club addressed the Board concerning recreational needs for the youth in Monroe County. No action was taken. Jim Ruddy, of AARP and the Older Americans Advisory Board, and the following persons addressed the Board: Linda Jensen, Bettye Chaplin, Iry Baltuff, Helen Ruddy, Louis Schwartz, and Reverend Bob Smith addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution 1 1 1 XX .13 3 1 1 requesting the School Board to proceed with litigation I con- cerning the school funding formula. Roll call vote was una- nimous. RESOLUTI See Res. Book No. 107 whic reference. Herb Pontin addressed the NO. 164-1992 is incorporated herein by rd. The following persons addressed the Board regarding the highway improvements iA the west end of Marathon: Naulda Bomier, Henry Pennell, Richie Moretti, Don Hinton, Gid Silverthorn, and Cindy McDaniel. No action was taken. Dave Ringemann and Bill Smith of the Florida Keys Contractors Association ad ressed the Board regarding County ordinances as they pertainito unlicensed construction acti- vity in the County. No action was taken. I PUBLIC HEARINGS � I A Public Hearing was held on a proposed Ordinance creating Section 9.5-115.1Hregarding the expiration of building permits. Proof of publication was entered into the record. Motion was made W Commissioner Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County A�torney read by title only. Growth Management DivisionlDirector Bob Herman addressed the Board. Bill Smith and Walter Carson of the Florida Keys 'Contractors Association ad�ressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to continue until 3:00 p.m. on Wednesday, April 1st. Motion carried unanimously. '1 SOUNDING BOARD Ann Haack addressed the Board and requested the use of Watson Field on Big Pine Key on April 4th for Projects Paradise with approval to dell alcohol and to waive user and clean-up fees. Motion was made by,Commissioner Jones and seconded by Commissioner Cheal to approve, without alco- hol and with posting of the appropriate clean-up bond and with all other applicable County requirements. Roll call vote was unanimous. ! The Board conside Stokey of the decision to permit to enclose a tiki b was approved in a variance from 3/10/92). Motion was by Commissioner Jones to g OF APPEALS d the appeal by Robert and Ruth ny issuance of an after -the, -fact for more square footage than ranted April 4, 1986 (continued ade by Mayor Harvey and seconded nt thirty minutes for presen- tations. Roll call vote ns taken with the following results: 1. I i Commissioner Cheall No Commissioner Jones! Yes Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion failed. Andy Tobin, Robert Stokey, Ruth Stokey and 9 XX 134 E V 15 E"I) ** David Rau addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to grant a fifteen -minute extension of time for presentations. Roll call vote was unanimous. Nick Mulik representinq'J. Baimonte addressed the Board. Growth Management Division Director Bob Herman addressed the Board. Andy Tobin addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to deny the appeal in that the applicant failed to prove that an after -the -fact permit should be granted for new construction and directing the County Attorney to prepare an appropriate Resolution. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont Yes No DIVISION OF GROWTH MANAGEMENT The Board entered into a discussion of existing expired building permits. Motion was made by Commissioner Jones and seconded by Commissioner London to approve the following option as to who should obtain expired building permits as out in Mr. Herman's memorandum of March 31st: "Option No. 1: Allow the individual who originally received the permit to receive a new permit." with a ninety -day expiration and to provide for notification by Certified Mail: Roll call vote was taken with the following results: Commissioner Cheal -Yes Commissioner Jones Yes Commissioner London Yee Commissioner Stormont No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to accept Staff recommendation for the acquisition of ARC/INFO software, RISC based hardware, and peripherals for essential development of the County's GIS capabilities. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion failed. Cheal Yes Jones No London No Stormont Yes No DIVISION OF COMMUNITY SERVICES The Clerk read a letter into the record from Barbara Silcox. Division Director Peter Horton and Marathon Airport Manager Charles Knighton addressed the Board F? 1 1 1 XX 135 1 1 1 regarding construction of F-Hangars and Shade Hangars at Marathon Airport. Motion was made by Commissioner Jones and seconded by Commissioner C+heal to conceptually approve twenty hangars and development of a complete site. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT " Motion was made by Commissioner London and seconded by Commissioner Cheal to reconsider the Board's previous action regarding the acquisiton of ARC/INFO software,ietc. Roll call vote was taken with the following results: Commissioner Ch Commissioner Jo Commissioner Lo Commissioner St Mayor Harvey 1 Yes s No on Yes mont- Yes No Motion carried. After fu ther discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to continue to April lst. Roll call vote was taken with the following results: ! Commissioner Che1 Yes Commissioner Jonis Yes Commissioner London Yes Commissioner Stoamont Yes Mayor Harvey No Motion carried. r 1 d DIVISION OF COMMUNITY SERVICES Division Director Peter Horton addressed the Board and reported on the Buffed Park at the Marthon Airport. Betty Vail addressed the Board. No action was taken.; There being no further business, the meeting was adjourned. , i