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10/06/1992 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/332 Regular Meeting Board of County Commissioners Tuesday, October 6, 1992 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.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, and Commissioner John Stormont. Mayor Wilhelmina Harvey entered the meeting later in the day. 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. Commissioner Jack London assumed the Chair and acted as Mayor Pro Tem. COUNTY ADMINISTRATOR Discussion concerning Mariners Hospital's new construction proposals was deleted. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the revised meeting schedule related to Comprehensive Plan, LDR's, Concurrency Management, Impact Fees, Dwelling Unit Allocation Ordinance, etc. as amended. Roll call vote was taken with the following results: 92/333 Commissioner Cheal Yes Commissioner Jones No Commissioner Stormont Yes Mayor Pro Tem London Yes Motion carried. (See Exhibit A attached hereto and made a part hereof.) Pat McNeese, Director of the Environmental Resources Department, addressed the Board regarding the selection of a qualified biologist to perform professional biological services under the existing Advance Identification of Wetlands (ADID) grant contract between Monroe County and the U. S. Environmental Protection Agency (EPA). From a highest possible cumulative score of 225, the point scores assigned by the committee were as follows: Curtis Kruer 220 Dames & Moore 176 Post, Buckley, Schuh & Jernigan 151 Environmental Management Services 80 Andy Hooten 72 The Land Planning Group, Inc. 50 Herb Pontin and Andy Tobin also addressed the Board. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem London to forward the recommendation of the screening committee for their hiring of the contractor. During discussion, the second was withdrawn and the motion died for lack of a second. Motion was then made by Commissioner Jones and seconded by Mayor Pro Tem London to approve Dames & Moore. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner Stormont No Mayor Pro Tem London Yes Motion failed. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve Curtis Kruer, the recommendation of the screening committee. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner Stormont Yes Mayor Pro Tem London No Motion failed. Motion was then made by Commissioner Cheal and seconded by Mayor Pro Tem London to continue to the October 7th meeting. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont No Mayor Pro Tem London Yes Motion carried. MISCELLANEOUS 92/334 Jerry Williams, Richie Moretti and Ray Kitchner addressed the Board regarding Pigeon Key. Presentations were then made by the following applicants for the Pigeon Key proposals: Harbor Branch Oceanographic Institution, Monroe County Environmental Education Council (Pigeon Key Foundation), and Teiyko Westmar University. After the presentations, the Board announced that the selection process would be by ranking the firms according to a point system, reflecting the Number One selection to receive the Number One vote, and the successful nominee would be that one with the lowest point total. The Board proceeded to ballot with the following results: Cheal Jones Stormont London Total Harbor Branch 3 3 3 2 it Monroe Co. Env. 1 1 1 3 6 Teiyko Westmar 2 2 2 1 7 The Clerk announced the results of the tabulation which named Monroe County Environmental Education Council as the successful firm. Motion was then made by Commissioner Jones and seconded by Commissioner Stormont to authorize the Pigeon Key Screening Committee to negotiate with Pigeon Key Foundation. Motion carried unanimously. SOUNDING BOARD The Board continued to the November 17th meeting a discussion concerning the termination of firefighter David Alan's employment. Beth Nichols of the Organized Fishermen of Florida addressed the Board to request the Board to ask the Tourist Development Council to reconsider funding for the loth Annual Upper Keys Seafood Festival. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone to the October 7th meeting. During discussion, motion was withdrawn. Greg Grimer District 4 Advisory Council, addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone to October 7th at 2:00 p.m. Roll call vote was unanimous. 92/335 Thomas A. Daniels addressed the Board concerning a Code Enforcement lien on property located at 20 Spanish Channel Drive, No Name Key. MAYOR HARVEY ENTERED MEETING BUT MAYOR PRO TEM JACK LONDON CONTINUED TO CHAIR THE MEETING Motion was made by Commissioner Jones and seconded by Commissioner Stormont to waive the penalties and impact fees, directing that the Daniels' get the final inspection and pay building permit fees, and also provide an engineer's certification if necessary. During discussion, motion was made by Commissioner Cheal and seconded by Commissioner Stormont to postpone to the next scheduled meeting. Roll call vote on the motion to postpone was taken with the following results: Commissioner Cheal Mayor Harvey Commissioner Jones Commissioner Stormont Mayor Pro Tem London Motion carried. Staff was directed the unique circumstances surrounding appropriate actions. Yes No No Yes Yes to review the Statutes given owner/builder statutes for Robert Jaros addressed the Board regarding not allowing apartment construction below flood level in a single-family residential area in Toll Gate Shores Subdivision. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to direct Staff to prepare a Resolution conveying the Board's concern in reference to construction of apartments below the flood level in single-family residential areas and addressing the provisions of Florida Statutes 162. Roll call vote was unanimous. Neil Calkins addressed the Board regarding rebuilding an old dock extending in front of a dead-end County road. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to consider a recommendation by the Planning Commission for approval of the Final Plat of "Marina Homes at Seawatch". Proof of publication was noted for the record. Lorenzo Aghemo, Planning Director, addressed the Board. Bob Rehbock of Marina Homes at Seawatch also addressed the Board. There was no public input. Motion was made by Mayor Harvey and seconded by Commissioner Stormont to adopt a 92/336 Resolution approving the plat, contingent upon presentation of the original plat to the Clerk. During discussion, motion was made by Mayor Harvey and seconded by Commissioner Jones to continue to October 27th at 3:00 p.m. Motion carried unanimously. A Public Hearing was held concerning proposed abandonment of a portion of Avocado and Orange Streets, Townsite of Islamorada, Upper Matecumbe Key. Proof of publication was noted for the record. Attorney Randy Sadtler addressed the Board. There was no further public input. Motion was made by Commissioner Jones and seconded by Mayor Harvey to adopt the following Resolution renouncing and disclaiming any right of the County and the public in and to a portion of Avocado and Orange Streets, Townsite of Islamorada, Upper Matecumbe Key, Monroe County, Florida. Roll call vote was unanimous. RESOLUTION NO. 452-1992 See Res. Book No. 111 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance relating to fire alarms; providing definitions, requiring posting the names of individuals able to deactivate a false alarm; prohibiting false alarms; requiring inspections; providing for penalties; 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 Mayor Pro Tem London and seconded by Commissioner Cheal to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Ordinance with amendment to Item (g)(3) to $250 and Item (g)(4) to $250. Fire Marshal Joe London addressed the Board. Motion was made by Commissioner Cheal to continue to October 27th at 3:00 p.m. During discussion, motion was withdrawn. Roll call vote on the motion to adopt was taken with the following results: Commissioner Mayor Harvey Commissioner Commissioner Mayor Pro Tem Motion carried. Cheal Yes Yes Jones Yes Stormont No London Yes ORDINANCE NO. 029-1992 See Ord. Book No. 28 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance repealing ordinance No. 003-1989; amending Section 6.6-6, Monroe County Code, in order to provide for the adoption of the 1991 92/337 Editions of the National Fire Protection Association (NFPA) 101, Life Safety Code and the Standard Fire Prevention Code as the minimum Fire Safety and Fire Prevention Codes for Monroe County; 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. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to continue to 3:00 p.m. on October 27th. Roll call vote was taken with the following results: Commissioner Mayor Harvey Commissioner Commissioner Mayor Pro Te Motion carried. Cheal m Yes Yes Jones Yes Stormont Yes London No BOARD OF APPEALS A Public Hearing was held to consider the Administrative Appeal filed by Joseph Farrugia of the decision by the Planning Commission, sitting as the Monroe County Zoning Board, denying a Final Development Plan Approval for Coral Harbor; the subject property to be developed is located on all of the amended plat of Marathon Shores, Key Vaca, PB 3-58, including all of Blocks 1 and 2, Beach Lot Park excluding bay bottom, Section 1, Township 66 south, Range 32 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida, approximately MM 50.8. Attorney Michael Halpern addressed the Board. Assistant County Attorney Garth Coller addressed the Board. Mr. Halpern rebutted. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont denying the appeal in that the Planning Commission did not err in its disapproval of the project and directing the County Attorney to prepare an appropriate Resolution. Roll call vote was taken with the following results: Commissioner Mayor Harvey Commissioner Commissioner Mayor Pro Te Motion carried. Cheal m Yes No Jones No Stormont Yes London Yes 92/338 DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Cheal and seconded Mayor Harvey to approve and authorize execution of Amendment Contract No. 92C0697 with Environmental Systems Research Institute, Inc. (ESRI) for professional training services. call vote was taken with the following results: Commissioner Cheal Mayor Harvey Commissioner Jones Commissioner Stormont Mayor Pro Tem London Motion carried. After discussion, motion and seconded by Commissioner Jones period from August 24, 1992 until building permits. Motion carried Yes Yes No Yes Yes by 1 to Roll was made by Commissioner Cheal to add a ninety -day tolling October 26, 1992 to all active unanimously. MISCELLANEOUS Motion was made by Commissioner Stormont and seconded by Commissioner Jones to add a matter concerning AIDS Help to the Agenda. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve a letter to be sent on behalf of AIDS Help, Inc. signed by the Mayor. Motion carried unanimously. The Board discussed the Blue Water Rock Pit item considered for an add -on. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to amend the Agenda for October 7th to add to that Agenda a discussion of blasting at an 11:30 a.m. time certain; a Mariners Hospital request to advertise for bids; Key Largo Marina Housing; authority to advertise an Ordinance concerning debarment; and a Resolution concerning the Big Pine School. Motion carried unanimously. There being no further business, the meeting was adjourned. 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