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06/09/1992 RegularYY 10 3 Regular Meeting Board of County Commissioners Tuesday, June 9, 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 Jack London, and Commissioner John Stormont. Commissioner Doug Jones arrived later in the meeting. Absent from the meeting was Mayor Wilhelmina Harvey. 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 a moment of silent prayer and the Pledge of Allegiance. Commissioner London chaired the meeting as Mayor Pro Tem. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded ^— by Commissioner Stormont to approve additions, corrections and deletions to the Agenda. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton addressed the Board regarding the Contract with A & D Marine Salvage for Derelict Vessel Removal Phase I. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to terminate the Contract pursuant to the fifteen -day notice provision in the Contract. Captain Edward Quinlan, Bobby Andresakis, and Herb Pontin addressed the Board. Roll call vote was unanimous with Commissioner Jones not present. Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont directing Staff to add the twenty-one vessels remaining on the current Contract with A & D Marine Salvage to be bid on by the successful bidders of the other phases of the Derelict Vessel Program with the total cost not to exceed $25,000.00 and to waive the Purchasing Policies and Procedures wherever inconsistent with this action and also subject to the terms of the grant. Roll call vote was unanimous with Commissioner Jones not present. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman, Jack Hill, Shirley Gunn and Pam Martin addressed the Board regarding a rule proposed by the Florida Department of Community Affairs to amend the portions of the County's Land Development Regulations applicable to the Land Use Districts of Commercial Fishing Area and Commercial Fishing Special District 5. This matter was taken up again later in the meeting. YY 10 4 Mr. Herman addressed the Board and advised that there would be a meeting on June 15th at 10:00 a.m. with the City of Key West, the City of Key Colony Beach and the City of Layton regarding intergovernmental coordination. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to designate Commissioner London to represent the County Commission at the meeting. Motion carried unanimously with Commissioner Jones not present. The Board returned to the discussion concerning Commercial Fishing. Pam Martin addressed the Board. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem London to draft a letter to the Department of Community Affairs indicating that the County Commission concurs with their actions in reference to CFSD 5, requesting that they recognize the provisions of F.S. 372.993, and requesting DCA to encourage legislation so as not to limit the flexibility of commercial fishing; and also that the Commission recognizes that the scope of the proposed amendment would have limited correctional effect considering the current Comprehensive Land Use Plan timetable. Roll call vote was unanimous with Commissioner Jones not present. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept Staff recommen- dation to adopt the following Resolution authorizing execu- tion of an Agreement between the Florida Department of Community Affairs, Monroe County, Mariano Faget, Maria Faget and Robert Bilboa concerning Lot 3, Block 10, Jolly Roger Estates Subdivision, Little Torch Key, Unincorporated Monroe County, Florida, and located at approximately Mile Marker 28.5. Motion carried unanimously with Commissioner Jones not present. RESOLUTION NO. 275-1992 See Res. Book No. 108 which is incorporated herein by reference. Attorney Jim Hendrick made a report to the Board concerning litigation in reference to Inn Resorts, Shell Oil, the Melton Property and the Gonzalez case. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to provide direction concerning the Gonzalez case that the minimum relief required will be determined and afforded. Roll call vote was unanimous with Commissioner Jones not present. Mr. Hendrick discussed the cases regarding Spesiak, Hill and Shadek. Mr. Herman, County Attorney Randy Ludacer, and Linda Jensen addressed the Board regarding a funding source for Morgan & Hendrick invoices totaling $24,121.70 for the period March 1 through April 30, 1992. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to authorize payment of the Morgan & Hendrick billing out of Growth Management funds. Motion carried unanimously with Commissioner Jones not present. COUNTY ADMINISTRATOR Robert Evans of International Telecom, Inc. made a presentation to the Board concerning services that could be offered through a County -owned telecommunications network. County Administrator Tom Brown and Martin Firestone addressed the Commission. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont directing the County Administrator to continue to explore all avenues in __7 yy 105 reference to cable systems and to provide recommendations back to the Board. Linda Jensen addressed the Board. Roll call vote was unanimous with Commissioner Jones not present. Mayor Pro Tem London discussed a telephone conver- sation with Curt Blair concerning legislation that was being considered to provide funding for lands acquired as a result of Comprehensive Land Use Plan actions. Frank Butler of Post Buckley Schuh & Jernigan addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to accept the recom- mendation to authorize Staff to determine feasibility, cost and funding for initiating a pilot program for providing increased phosphorus removal from wastewater treatment plant discharge. Motion carried unanimously with Commissioner Jones not present. SOUNDING BOARD George Hanna and Joe Sieczka addressed the Board regarding the sale of beverages and/or food at Higgs Beach. The Board also was advised of a request from D. Baetz con- cerning the same subject. This matter was referred to the County Administrator who is to refer the individuals to the on -going RFP process. Rose Stadahar of the Marathon Youth Club addressed the Board regarding the recreational needs for Marathon. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal to pursue an additional �-- Addendum to the proposed School Board Interlocal Agreement for maintenance only for Stanley Switlik and Marathon High School on the basis of a fifty/fifty division of costs. Roll call vote was unanimous with Commissioner Jones not present. The following individuals addressed the Board regarding the "safe highway" issue in Marathon: Sue Thomas, Joe Ardolino, Ray Fenton, Tim Shaw, David Brown, Debbie Nemac, Donna Barton, Richie Moretti, Pat Cerchi, Ken Farrell, John Stiglitz, Karen Dennis. No action was taken. Marie Fisher, Mr. Little and Owen Seckinger addressed the Board regarding clean-up of a portion of Coco Plum Drive in Marathon. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to direct Staff to establish a priority in the area to identify and correct Code Enforcement violations and improvements to the right- of-way on Coco Plum Drive. Motion carried unanimously with Commissioner Jones not present. Edward Hubschmitt, Monroe County Advisory Council representative to The Alliance For Aging, gave a report con- cerning the activities of the committee. COMMISSIONER JONES ENTERED MEETING AND TOOK HIS SEAT Fran Lyle addressed the Board regarding financial management of the solid waste collection system. Motion was made by Mayor Pro Tem London and seconded by Commissioner Jones to refer to MSD Director Barry Boldissar for eva- luation and recommendations. Roll call vote was unanimous. YY 106 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to direct the County to audit current fiscal year franchise operations, setting standards for cri- teria which will begin to clarify object listings for proper analysis, and that the recommendations consist of mechanisms to provide for fair return on investment and appropriate fair share costs of franchise operations in the rate struc- ture. Roll call vote was unanimous. Claude Haliquas addressed the Board regarding the cleaning of culverts to improve water quality in dead-end canals. No action was taken. Ron Jacoby addressed the Board concerning the establishment of a nudist club at an existing hotel/motel and cottage on the ocean in the Upper Keys. No action was taken. PUBLIC HEARINGS A Public Hearing was held for the purpose of deter- mining whether or not the following road shall be abandoned: That certain portion of 100' wide County Road C-931 (formerly State Road 931) right-of-way in Sections 15 and 22, Town- ship 66 South, Range 32 East, Boot Key, Monroe County, Florida, lying westerly of the westerly shoreline of Sister's Creek as shown on the State of Florida State Road Department "Right -Of -Way Map" Section No. 90560 dated 1-1961. Said parcel ccontains 4.7 acres more or less. Proof of publication was noted for the record. County Attorney Randy Ludacer discussed proposed conveyances from Barry Yampol to Monroe County and Monroe County to Barry Yampol as Trustee concerning the road. Motion was made by Commissioner Jones and seconded by Commissioner Cheal authorizing the Mayor to sign a conveyance from Monroe County to Barry Yampol as indicated in Agenda Item F-1-B upon receipt of a properly executed conveyance from Mr. Yampol to Monroe County as reflected in Agenda Item F-1-A, and the grantee agrees as a condition of accepting the deed that in the event the County curtails or abandons the use of Boot Key Bridge, he shall make no claim for impairment of access to his property and that this condition shall run with the land. Roll call vote was unanimous. A Public Hearing was held on a proposed Ordinance amending Monroe County Code Sec. 6-59(II) to include in non - testing specialty trade categories the categories of garage door opener/installation and waterproofing and roof painting; to revise designation of satellite, TV antenna, telephone and other communications equipment installation; to transfer to testing categories glazing and gunite and sandblasting; 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 noted for the record. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to read by title only. The County Attorney read by title only. Bill Smith of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue to the next meeting at yy 107 3:00 p.m. in Key West. Roll call vote was unanimous. Motion was made by Mayor Pro Tem London that any Ordinance proposed for advertisement will be considered by the Board prior to that advertisement. During discussion, the motion was withdrawn. A Public Hearing was held on a proposed Ordinance in order to provide that advance registrations for trade shows for the Fiscal Year 1993 be paid from Tourist Development Council funds in Fiscal Year 1992; 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 noted for the record. Motion was made by Mayor Pro Tem London and seconded by Commissioner Jones 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 Jones and seconded by Commissioner Stormont to adopt the following Ordinance as amended to delete Section 4 providing for incorporation into the Monroe County Code. During discussion, motion was made by Commissioner Cheal to delete Items 3 and 5. Motion died for lack of a second. Roll call vote on the original motion was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner Stormont Yes Mayor Pro Tem London Yes Motion carried. ORDINANCE NO. 014-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held to review a proposed text amendment to Chapter 9.5 of the Monroe County Code, Amended, which will implement a system for the allocation of building permits in the Unincorporated Areas of Monroe County. Growth Management Division Director Bob Herman and John Fernsler of Wallace -Roberts -Todd addressed the Board. The following individuals addressed the Board: Linda Jensen, William Devitt, Debbie Harrison, Al Beattie, Joan Tucker, George Kundtz, Dick Nelson, Pete Kalla, Brad Dressler, David Ritz, Bill Smith, Walter Carson, Don Davis, Dagny Johnson, John Ransome. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt a single alloca- tion system that would be County -wide. During discussion, the motion was withdrawn. Motion was made by Commissioner Cheal that the permit allocation system be County -wide as opposed to.three separate sub -areas. Motion died for lack of a second. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to add Subsection (d) to Page 26 as follows: Such habitat evaluations as contained in (a), (b) and (c) shall not be applicable to legally platted subdivisions which are currently served by existing infra- structure including, at a minimum, potable water, electricity, and paved roads. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal YY 108 directing the preparation of a paragraph clarifying the sta- tus of existing (right now) processed but not issued permits and preparing a paragraph concerning carry-over of this pro- cess into the new Plan concerning carry-over permits. Roll call vote was unanimous. Motion was made by Mayor Pro Tem London and seconded by Commissioner Cheal to approve the following recommendations from the Florida Keys Contractors Association: Hurricane: Exceeds FEMA elevation standards by more than one foot or wind load require- ments by more than 10%. +1 Structural load engineering exceeds Building Code. +1 No impermeable surface (slabs, etc.) on site. +1 House footprint less than % allowed as of right. +1 Roll call vote was unanimous. Monica Haskell addressed the Board. Motion was made by Mayor Pro Tem London and seconded by Commissioner Jones to amend Paragraph (C) at the top of Page 15 by adding the following at the end of the sentence: ", or is the subject of a complete building permit application filed on or before June 9, 1992" Roll call vote was unanimous. Mayor Pro Tem London requested that there be for Big Pine Key five permits allo- cated for the first three quarters and four in the last quarter, totaling nineteen per year. Motion was made by Mayor Pro Tem London and seconded by Commissioner Jones to amend Paragraph 6 at the top of Page 19 by deleting the words "to the extent possible" therefrom. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to continue to June 22nd at 5:05 p.m. at the Key Largo Library. Motion carried una- nimously. Mr. Fernsler discussed a recent article in The Key West Citizen concerning the Land Use Plan's impact on the tax roll. A Public Hearing was held to consider a Budget Amendment to the One Cent Infrastructure Capital Projects Fund #304 for Fiscal Year 1992. Proof of publication was noted for the record. There was no public input. Motion was made by Commissioner Jones and seconded by Mayor Pro Tem London to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 276-1992 See Res. Book No. 108 which is incorporated herein by reference. There being no further business, the meeting was adjourned.