Loading...
11/17/1992 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/409 Regular Meeting Board of County Commissioners Tuesday, November 17, 1992 Key Largo SWEARING -IN CEREMONIES At 11:30 a.m. on the above date in the Monroe County Library in Key Largo, Chief Judge Richard J. Fowler administered the Oath of Office individually to newly -elected Commissioners Shirley Freeman, Mary Kay Reich and Wilhelmina Harvey. REGULAR MEETING The Regular Meeting convened at 1:50 p.m. Present and answering to roll call were Commissioners Earl Cheal, Shirley Freeman, Wilhelmina Harvey, Jack London, and Mary Kay Reich. 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. Motion was made by Commissioner Reich and seconded by Commissioner Cheal to add to the Agenda as Item E-7 the presentation by the Upper Keys Youth Club concerning funding for youth activities in the Upper Keys. Motion carried unanimously. ORGANIZATIONAL MEETING The Board then proceeded with the selection of the Chairman and Vice -Chairman of the Board. Commissioner Reich nominated Wilhelmina Harvey as Chairman. Commissioner Freeman nominated Jack London to serve as Chairman. The Board then proceeded to ballot on the nominees with the following results: 92/410 Cheal Freeman London Reich Harvey Total Harvey 2 2 2 1 1 8 London 1 1 1 2 2 7 Pursuant to the Board's policy, the nominee with the lowest point total is selected. Accordingly, Commissioner Jack London was selected Chairman of the Board of County Commissioners for the ensuing year. The Board then proceeded to select the Vice - Chairman of the Commission. Commissioner Harvey nominated Mary Kay Reich. Mayor London nominated Earl Cheal. The Board proceeded to ballot on the nominees with the following results: Reich Cheal Cheal 2 1 Freeman London Reich Harvey Total 2 2 1 1 8 1 1 2 2 7 Pursuant to the Board's policy, the nominee with the lowest point total is selected. Accordingly, Commissioner Earl Cheal was selected Vice Chairman/Mayor Pro Tem of the Board of County Commissioners for the ensuing year. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution designating the Mayor and Mayor Pro Tem for 1992-1993. Motion carried unanimously. RESOLUTION NO. 541-1992 See Res. Book No. 112 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution concerning signatures on warrants, legal documents and other necessary documents, etc. Motion carried unanimously. RESOLUTION NO. 542-1992 See Res. Book No. 112 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve execution of the Bonds for Commissioner Shirley Freeman and Commissioner Mary Kay Reich. PRESENTATION OF AWARDS Presentation was made of an award to Billy Knight for his dedication to Monroe County during Hurricane Andrew. 92/411 SOUNDING BOARD Linda Jensen addressed the Board concerning certain financial exposures and aspects relative to the Land Use Plan adoption. No action was taken. William Vaught of the Hammer Point Property Owners Association addressed the Board. Ronnie Gillman, Georgina Sanchez, and Robert Southworth also addressed the Board. Growth Management Division Director Bob Herman and Board members discussed the issue. There was no further action by the Board. Andy Tobin, representing the Key Largo Volunteer Fire Department, and Mr. David Alan addressed the Board concerning termination of Firefighter Alan's employment. Ron Mobley and Joseph Beale of the Key Largo Fire Department and David Alan addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to refer this matter to the County Administrator for his review in accordance with the Monroe County Personnel Policies and Procedures and to bring back a report to the Board if appropriate. During discussion, the motion was withdrawn. Art Skelly, Director of Airports, addressed the Commission. Motion was then made by Mayor London and seconded by Commissioner Reich to request the Administrator to provide the Board with a written report concerning the case. Roll call vote was unanimous. Fred Tittle addressed the Board. Bill Dalton, Executive Director of Clean Florida Keys, Inc. addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt a Resolution to modify tourist impact tax usage in Florida. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman No Commissioner Harvey Yes Commissioner Reich No Mayor London No Motion failed. Beverly Johnson, representing Hibiscus Park, addressed the Commission concerning the need for speed bumps in the neighborhood. This matter was referred to Public Works and also requested assistance from the Sheriff. Kristin Brenner of the Duck Key Taxpayers Opposed to Fishing Piers on the Tom's Harbour Bridges addressed the Commission concerning the proposed use of Tom's Harbour Bridges as fishing piers. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt a Resolution with language requesting a transfer of funding scheduled to be used 92/412 for the development of fishing piers to be used instead for clean-up and maintenance of existing fishing bridges and roadways. During discussion, the motion was withdrawn. Motion was made by Commissioner Cheal and seconded by Commissioner Reich directing the County Attorney to prepare and the Mayor to execute the following Resolution expressing the Board's concern. Roll call vote was unanimous. RESOLUTION NO. 543-1992 See Res. Book No. 112 which is incorporated herein by reference. Catriona Rawson of the Upper Keys Youth Club addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to direct the County Administrator to review the Budget for available funding to be used for temporary housing of the Upper Keys Youth Club and also to pursue potential locations. Roll call vote was unanimous. DIVISION OF GROWTH Attorney Jim Hendrick addressed the Board and recommended to the County Commission that they defer to the School Board concerning any litigation on the matter of verified complaint regarding the School Board's application for a Minor Conditional Use to construct an elementary school on Big Pine Key. Motion was made by Commissioner Cheal and seconded by Commissioner Reich that upon service of process of a lawsuit brought pursuant to the verified complaint, that counsel be instructed to notify the School Board with an invitation to intervene in the action and that no substantial funds (less than $500) of the County be spent in defense of the litigation. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal Yes Freeman Yes Harvey No Reich Yes Yes COUNTY ADMINISTRATOR Mike Curry, John Bailie and Lynn Bailie addressed the Board concerning a proposal for a public television broadcast station. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve, in concept, the idea of a public service television station and request the County Administrator to coordinate with the County Attorney and develop proposals to implement the concept along with potential funding sources and 92/413 that the concept be contingent upon adequate funding being identified. Roll call vote was unanimous. BOARD OF APPEALS The Board considered an appeal by Joseph H. Roth, Jr. and E1 Capitan appealing the decision of Dianne Bair, FEMA Coordinator, in denying an application for a lattice enclosure greater than 300 square feet below base flood elevation for a non-residential structure (continued from 9/15/92). Growth Management Division Director Bob Herman addressed the Board concerning the appeal. Attorney Andy Tobin, representing Joseph H. Roth, Jr. and E1 Capitan, addressed the Board. David J. Rauch addressed the Board. Joseph Roth III addressed the Commission. Dianne Bair, FEMA Coordinator, addressed the Commission concerning the appeal. Attorney Tobin offered rebuttal. At this point, witnesses were sworn in by the Court Reporter and indicated for the record that their previous testimony was the truth. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Freeman to deny the appeal and uphold the decision of Dianne Bair, the FEMA Coordinator. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London Yes Motion carried. The Board then considered the Administrative Appeal filed by John Baiamonte, Sr. against Robert and Ruth C. Stokey regarding a permit issued for property located at Part Government Lot 8, Section 11, Township 61 South, Range 39 East, Key Largo (continued from 9/15/92). Nick Mulick, attorney representing John Baiamonte, addressed the Commission. Assistant County Attorney Garth Coller addressed the Commission. Andy Tobin, attorney representing Robert and Ruth Stokey, addressed the Board. Nick Mulick offered rebuttal. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to direct the County Attorney to prepare a Resolution pursuant to 9.5-47(b) of the Code approving the Planning Commission's action in approving the permit for Robert and Ruth C. Stokey. Roll call vote was unanimous. The Board considered the Administrative Appeal filed by Key Largo Properties, Inc. regarding a modification of development approval for property located at Tract E, Port Largo Subdivision, Section 33, Township 61 South, Range 39 East, Tallahassee Meridian, Key Largo. Nick Mulick, attorney 92/414 representing Key Largo Properties, Inc., addressed the Board. Assistant County Attorney Garth Coller addressed the Board concerning the case. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to uphold the decision of the Planning Commission in that the appellant failed to approve that the Planning Commission erred in their decision. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board and recommended full payment of the fourth draw of a five -draw contract between Monroe County and Wallace -Roberts -Todd for services related to the Comprehensive Plan in the amount of $235,800. John Fernsler of W-R-T addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal No Freeman Yes Harvey Yes Reich Yes Yes Motion was made by Commissioner Cheal and seconded by Commissioner London to grant approval to initiate a Request For Qualifications to fulfill requirements of a grant received from South Florida Water Management District concerning a stormwater management ordinance. Roll call vote was unanimous. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to grant approval to rescind a Supplemental Joint Participation Agreement with FDOT regarding completion of the Long Range Transportation Plan. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve and authorize execution of a revised Supplemental Joint Participation Agreement with the Florida Department of Transportation regarding completion of the Long Range Transportation Plan. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Resolution affirming the approval by the Director of Planning of the second corrected plat of Coral Coast Subdivision and authorizing affixing of the Mayor's signature to said corrected plat. Motion carried unanimously. 92/415 RESOLUTION NO. 544-1992 See Res. Book No. 112 which is incorporated herein by reference. There being no further business, the meeting was adjourned.