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07/14/1992 RegularYY 166 Regular Meeting Board of County Commissioners Tuesday, July 14, 1992 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:30 p.m. on the above date at the Monroe County Public Library in Key Largo. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Doug Jones, Commissioner Jack London, Commissioner John Stormont, and 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 the Invocation and the Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve additions, deletions and corrections to the Agenda. Motion carried unanimously. SOUNDING BOARD Dr. Rick Chandler, Pastor of Marathon United Methodist Community Church, addressed the Board concerning the opportunity for a grassroots movement to save Pigeon Key for the community. Marie Fisher and Dagny Johnson also addressed the Board. County Administrator Tom Brown discussed the composition of the screening committee to review proposals for Pigeon Key. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to add Commissioner London, Jerry Williams and Brian Schmitt to the screening committee to review proposals for Pigeon Key. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution authorizing the submission of a grant application to the United States Environmental Protection Agency for assistance in completion of the Alternative Wastewater Treatment Demonstration Project. Roll call vote was unanimous. RESOLUTION NO. 339-1992 See Res. Book No. 109 which is incorporated herein by reference. Commissioner Stormont discussed the WCTH fire and the need to process temporary permits expeditiously. Planning Director Lorenzo Aghemo discussed the pro- posed DCA Rule concerning Commercial Fishing and indicated that consideration of that Rule had been continued to July 21st. YY 16 7 Division Director Bob Herman advised that copies of the ROGO Ordinance are available for distribution. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to accept Staff recommendation to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 84, Lots 518, 519 and 520, Port Largo 5th Addition, Key Largo, Monroe County, approximately Mile Marker 100. Roll call vote was unanimous. RESOLUTION NO. 340-1992 See Res. Book No. 109 which is incorporated herein by reference. Mr. Herman addressed the Board regarding applica- tion fees for the Dwelling Unit Allocation Ordinance. Motion was made by Commissioner London and seconded by Commissioner Cheal to establish an application fee of $100.00. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey No Motion carried. Mr. Aghemo addressed the Board regarding analyses to be made on the requests for Future Land Use Map (FLUM) and zoning changes which have been received by the Planning Department. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to direct Staff to perform analyses per the May 19th directive, with the exception of the fifty-three rezoning applications. Roll call vote was unanimous. MISCELLANEOUS Bill Dalton, Executive Director of Clean Florida Keys, Inc., made a presentation to the Board. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Ordinance No. 008-1988, as amended by Ordinance No. 007-1991, relating to the Upper Keys Health Care Taxing District, providing for scribers corrections; providing for adjustment of percentage allocations; providing for a reduc- tion in the ad valorem levy for the District; providing for subsequent referendum for additional five-year terms subject to referendum; providing for severability; providing for repeal; providing for inclusion in the Code; and providing for an effective date. Proof of publication was noted for the record. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. The following individuals addressed the Board: Alison Fahrer, Ernest Raynor, George Schroeder, Sylvia Godfrey. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the Ordinance. Motion was made by Commissioner Cheal and seconded by Mayor YY 16 8 Harvey to amend to include an amendment to the language deleting the word "of" and adding the words "not to exceed" in Paragraph 7 of Section 3. Roll call vote on the motion to amend was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion failed. Roll call vote on the original motion to adopt the following Ordinance was unanimous. ORDINANCE NO. 020-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance establishing the Upper Keys Recreation Taxing District; pro- viding findings of fact; defining the boundaries thereof; providing for the purposes thereof; designating the governing body thereof; establishing an advisory board thereof; providing for bonded indebtedness thereof; pro- viding for referendum approval thereof; providing for separateness from the Unincorporated Monroe County Parks and Beaches Taxing District; providing for assumption of respon- sibilities for Harry Harris Park; providing for severabili- ty; providing for repeal of all Ordinances inconsistent herewith; providing for inclusion in the Code; and providing for an effective date. Proof of publication was noted for 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 individuals addressed the Board: Bill Askew, Chuck Tittle, Ernest Raynor, Jimmy Williams, Sylvia Godfrey, Ashley Tittle. Motion was made by Commissioner Stormont and seconded by Commissioner London tc amend the composition of the Advisory Board to show nine members instead of seven and to then adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 021-1992 See Ord. Book No. 27 which is incorporated herein by refer- ence. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 028-1991 to provide for a method of distribution of refunded payments of the unused funds of the Venetian Shores Road Improvement Taxing District and to pro- vide for reversion of unclaimed funds to the General Fund after one year from the date of this amendment; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for inclusion in the Monroe County Code; and providing for an effective date. Proof of publication was noted for the record. Motion was made by Commissioner Cheal 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 Cheal and seconded by Commissioner Jones to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 022-1992 See Ord. Book No. 27 which is incorporated herein by reference. yy 16 9 A Public Hearing was held on a proposed Ordinance repealing Section 13-39, Monroe County Code, environmental protection office/noise control office definition; repealing Section 13-40, Monroe County Code, setting forth the powers and duties of that office; amending Section 13-47, Monroe County Code, by providing that the Planning Director shall grant or deny applications for special variances from the requirements of Chapter 13, Article 3, Monroe County Code (Noise Control Ordinance), providing for notice to persons who may be adversely affected and members of the public, and providing for an appeal of the Planning Director's decision to the County Commission; amending Section 13-49, Monroe County Code, in order to provide that the County Code Enforcement Department may enforce Chapter 13, Article 3, Monroe County Code (Noise Control Ordinance); providing for severability; providing for repeal of all Ordinances incon- sistent herewith; providing for incorporation into the Monroe County Code; and providing for an effective date. Proof of publication was noted for the record. Motion was made by Commissioner Cheal 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. Roll call vote was unanimous. ORDINANCE NO. 023-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance creating Section 3-12(1)(C), Monroe County Code, in order to provide that certain violations of Chapter 3, Monroe County Code, the Animal Control Ordinance, shall require a man- datory court appearance and that the Director of Public Works maintain a list of all persons who have received cita- tions for violations of Chapter 3, Monroe County Code; amending Section 3-12(3)(c), Monroe County Code, in order to provide that if a party does not contest a citation for a violation of Chapter 3, Monroe County Code, for which a man- datory court appearance is not required that the civil penalty shall be $100; providing for severability; providing for repeal of all Ordinances inconsistent herewith; pro- viding 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 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 London and seconded by Commissioner Cheal to adopt the following Ordinance. Dagny Johnson addressed the Board. Roll call vote was unanimous. ORDINANCE NO. 024-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Sec. 8-84(b), Monroe County Code, in order to pro- vide that the owners and occupants of governmental property which generates solid waste shall enter into agreements with the solid waste collector for the service area where the property is located for the collection of solid waste; pro- viding for a Public Hearing by the Board of County Comissioners for the adoption of the solid waste collection rates charged commercial and governmental property owners, such hearing to have at least twenty (20) days' published YY 170 notice and such hearing to be held in conjunction with the Public Hearing held on solid waste non- ad valorem assessments; 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 Cheal 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 London and seconded by Commissioner Cheal to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 025-1992 See Ord. Book No. 27 which is incorporated herein by reference. COUNTY ATTORNEY County Attorney Randy Ludacer advised the Board that the case concerning the Key West Airport property had been set for trial on November 23rd of this year. Mr. Ludacer discussed the Hemisphere case. Motion was made by Commissioner Cheal and seconded by Commissioner Jones authorizing the County Attorney to file an appeal based upon his legal judgment. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution expressing the Board's concern with respect to the disparity in distribution of State school funds and the unfair impact of taxes on Monroe County citizens as a result thereof. Roll call vote was unanimous. RESOLUTION NO. 341-1992 See Res. Book No. 109 which is incorporated herein by reference. Motion was made by Mayor Harvey and seconded by Commissioner Jones to name the property to be acquired on Stock Island after Benjamin Bernstein. During discussion, the motion was withdrawn. Motion was made by Commissioner London and seconded by Commissioner Jones to approve, as amended, the Contract with Riviera Enterprises, Inc. for property on Stock Island in the amount of $900,000.00. Motion carried unanimously. MISCELLANEOUS Motion was made by Commissioner Jones and seconded by Commissioner London to approve the request of the Cayo Hueso and Key West Jaycees to hold a Mixed Doubles, Single Elimination, Tennis Tournament at the Higgs Beach Tennis Courts on Saturday, July 25, 1992, 9:00 a.m. to 3:00 p.m. to benefit Wesley House and Cayo Hueso Jaycees Community Projects, subject to the County's standard requirements. Motion carried unanimously. The County Administrator discussed the presentation of the Tentative Budget and indicated that he would be making the presentation on Thursday, July 16th. Motion was made by Commissioner Cheal and seconded yy 171 by Commissioner Jones to add to the July 16th Agenda the presentation of the Tentative Budget and also a report from Jimmy Hendrick concerning pending litigation. Roll call vote was unanimous. r-. II There being no further business, the meeting was adjourned.