Loading...
10/19/1994 Regular '4/352 JIDIU'lBS O~ DB MOIlllOB COUftY BOUD O~ COUftY COIIIUSSIOIIBRS Regular Meeting Board of County Commissioners Wednesday, October 19, 1994 Key West A Regular Meeting of the Monroe County Board of county co..issioners convened at 1 P.M., on the above date, at the Key West Holiday Inn Beachside. Present and answering to roll call were co..issioners Shirley Freeman, Wilhelaina Harvey, Mary Kay Reich, and Mayor Pro tea Earl Cheal. Mayor Jack London was ab8ent~ Also present were Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; Jaaes Roberts, County AdJlinistrator; County Staff; Members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDI'l'IO.S, COUBC'l'IO.., DBLII'l'IO.. Motion was made by Commissioner Harvey and seconded by c~issioner Reich granting approval of the Additions, correctiqn8 and Deletions to the Agenda. Motion carried unanillOU81y. BULK unovu.s Motion was ..de by Mayor Pro tea Cheal and seconded by co.-issioner Reich granting approval of the following it... by unani.ou8 consent: Board granted approval of a restrictive covenant subaitted by Beverly England restricting the owner to one dwelling unit on two contiguous lots at Lots 31 and 32, Rearod Shores. Board granted approval of Parks and Recreation Board's reco.aandation to direct County'staff to negotiate an extension of the license covering the County's use of federal govermaent property, Boca Chica Beach, due to expire Deceaber 31, 1995. Board granted approval and authorized execution of a Joint Participation Agre_ent with the Florida DepartJlent of Transportation to provide funds, in the ..aunt of $50,000.00, to hire a consultant to develop a county-wide Bicycle and Pedestrian Plan, and authorized Staff to request a Stat...nt of Qualifications fro. consultants for the above-referenced plan. '4/353 Board granted approval of a Flood Variance Application submitted by Roy C. stone, Jr., for first time placement of a mobile home below base flood elevation, on Lot 5, Pines , Palms Trailer Park, stock Island, Coastal Flood Zone AE9', Panel 1728F. Board granted approval of a one year grant extension for the Advance Wetlands Identification Project with the U. s. Environmental Protection Agency. GR01fTJl KAllAGBIUDI'l' DIVI8IOH Board granted approval to advertise a proposed Ordinance creating a Boating Restricted Area (idle speed/no wake zone) for the near shore waters adjacent to populated areas on Tavernier Creek, Plantation Key/Key Largo; providing for definitions; providing that Monroe County agrees to hold the Florida Department of Environmental Protection haraless from any liability incurred fro. the negligent posting of boating restricted markers; providing for penalties for violations; providing tor exemptions; providing for severability; providing for repeal ot all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Board granted approval to advertise a proposed Ordinance creating a Boating Restricted Area (idle speed/no wake zone) for the near shore waters adjacent to Jolly Roger Estate., Little Torch Key; providing for definitions; providing that Monroe County agrees to hold the Florida Department of Environmental Protection harmless fro. any liability incurred from the negligent posting of boating restricted markers; providing for penalties for violatioins; providing for exemptions; providing for severability; providing for repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Board granted approval to advertise an Ordinance providing tor the issuance of Temporary Journeyman Licenses for a limited time; providing for severability; providing for repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Board granted approval to advertise an Ordinance aaendinq Section 6-16(a) Monroe County Code, by an Ordinance adopting the 1994 Standard Building Code with Appendix C as the Code applicable in the unincorporated areas ot Monroe County; providing for severability; providing for repeal ot all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. 94/354 Board granted approval to advertise an Ordinance amending Section 6-16.1(9), Monroe County Code, by an Ordinance adopting the 1994 edition of the "Florida Accessibility Code for Building Construction" as the Code applicable in the unincorporated areas of Monroe County; providing for severability; providing for repeal of all ordinances inconsistent herewitb; providing for incorporation into the Monroe County Code; and providing an effective date. Board granted approval to advertise an Ordinance amending Section 6.6-6(a), Monroe County Code, by an Ordinance adopting tbe 1994 Standard Fire Prevention Code as the Code applicable in the unincorporated areas of 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. Board granted approval to advertise an Ordinance amending Section 6-206, Monroe County Code, by an Ordinance adopting tbe 1994 Standard Gas Code as the Code applicable in the unincorporated areas of Monroe County; providing for severability; providing for repeal of all ordinances inconsistent berewith; providing for incorporation into the Monroe County Code; and providing an effective date. Board granted approval to advertise an Ordinance amending Section 6-256, Monroe County Code, by an Ordinance adopting the 1994 Standard Mechanical Code as tbe Code applicable in the unincorporated areas of Monroe County; providing for severability; providing for repeal of all ordinances inconsistent berewitb; providing for incorporation into tbe Monroe County Code; and providing an effective date. Board granted approval to advertise an Ordinance a.ending Section 6-271(a), Monroe County Code, by an Ordinance adopting the 1994 Standard Plumbing Code as the Code applicable in the unincorporated areas of Monroe County; providing for severability; providing for repeal of all ordinances inconsistent berewith; providing for incorporation into the Monroe County Code; and providing an effective date. COUll'l'Y ADJIIIfI8'1'1lA~. Board granted approval of tbe appointaent by the City of Key West of Commissioner Joe Pais to the Tourist Development Council to fulfill the tera of Commissioner Harry Betbel wbo resigned. Board granted approval of the re-appointments to the Contractor's Exaaininq Board of Frank Toppino and Gary Centonze for a second three year tera, and the re-appointaents of Jobn Rayaond and Jorge Aladro for a tbird consecutive tera. ) '4'355 Board granted approval to advertise a Tax Equity Fiscal Responsibility Act (TEFRA) Hearing for Key Largo Industrial Development Bond. Motion carried unanimously. KISCBLLAIIBOUS BULK UPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Harvey to approve the following items: Board granted approval of the Park. and Recreation Board'. recommendation to refurbish the Big Coppitt Volunteer Fire Departaent playground with new play equipment, benches and safety surface, using impact fees in the amount of $30,000.00. Glt01l'1'll DDGBIUDI'I DIVISIO. Board granted approval of the Park. and Recreation Board'. reco.aendation that the Tucker property on Big Coppitt be developed according to the de.ir.. of the local co..unity once the purcha.e of the property i. finalized. Motion carried unanimously. JlISCU,LAIIBOU8 BULK UPROVALS Motion was ade by Mayor Pro t.. Cheal and .econded by Co..i..ioner Harvey granting approval of the ..lection ot Lewis Bnvironaental Servic.., Inc., for tore.t canopy aapping and quality a.......nt ..rvice., and authorized Statt to negotiate a contract with Lewi. Bnvironaental Services, Inc. Motion carried unaniJlOusly. GIlO1l'1'll DDGBIID'l' DIVISIOJI Bob Herman, Director ot Growth Manage..nt Division, addr..sed the Board concerning a letter tro. the Florida Departaent ot Co..unity Attair. indicating that th.y would drop their appeal. ot the 4 toot rule case.. Mr. Henlan also di.cuased the progr.ss ot the Coaprehensive Land Us. Plan Hearings. COUJr1tY a'WXUSft&'IOIl J.... ROberts, County Adainistrator, discussed the posi tion ot Director ot Oft ice of Manag_nt and Budget, and 94/35' indicated that the selectee had advised him that for personal reasons he would have to decline the appointment. Mr. Roberts indicated that the process of selection was ongoing at this time. KISCBLLAIIBOUS BULlt APPROVALS Motion was made by Commissioner Freeman and seconded by Co_issioner Reich granting approval and authorizing execution of a Contract to purchase Lots 50 through 56, Block 18, Coco Plum Beach Subdivision, known as the Schwitalla property. Funding for the purchase of said property is with the Monroe County Land Authority and Florida Communities Trust. Motion carried unani.ously. GR01ft'Jl DDGBKD'1' DIVI8IO. Motion was made by Mayor Pro tea Cheal and seconded by Co_issioner Harvey granting approval and authorizing execution of AddendUJI VI to Conceptual Approval Agr....nt between Monroe County, Plorida Communiti.s Trust, and the State of Plorida Departaent of Community Affairs, .xt.nding the tera of the Conceptual Approval Agreement. COUftY ADJIIIfI8UA'1'Oa Mr. Roberts discussed the Plorida Keys Co_unity College construction and hurrican. .nhanc_.nts. Mr. Robert. indicated that he had identifi.d c.rtain grant funding that would have be.n available subj.ct to legislative action; however, Plorida K.ys co_unity College decided that th.y could not wait for confinaation of those funds. Mr. Roberts infoned the Board that he would proc.ed to identify every use of the grant funding to be allocated during the next session of the l.gislature. PUBLIC IIDItI.G8 A Public Hearing was held concerning the adoption of an Ordinanc. regulating wr.ck.r operators in Monroe County who provide ~tor vehicle towing and storage s.rvices at the request of law .nforceaent offic.rs by establishing equipaent standard. and rat.s; providing for s.verability; providing for r.peal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. The County Attorney read by title only. There was no public input. Motion was llade by co_issioner Reich and seconded by co_is.ioner PreeJlan to adopt the following Ordinance as _nded. ORD~ 022-1". See Ord. Book No. 34, which is incorporated herein by reference. t4/357 Motion carried unanimously. COUNTY ADMZRZ8TRATOR Mr. Roberts discussed his proposal to reorganize the Management Services Division. Betty Vail addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to continue this item to the next meeting. Motion carried unanimously. GROW'l'II DDGIDID'l' D:IVZ8IOB Mr. Herman and James Hendrick, Special Litigation Counsel, addressed the Board concerning a request by Mrs. Tammy Malby for the issuance of a permit for the installation of a water ..ter on Lot 4, Block 6, Rockland Key. Motion was made by Co..issioner Harvey and seconded by Commissioner Reich to declare the structure on Lot 4, Block 6, Rockland Key, a nuisance due to the lack of potable water supply, and directing Staff to abate the nuisance by the issuance of a permit to install a water _ter. The approval is conditioned on the property owners .ecuring an HRS Septic Tank inspection establishing the fact that a .eptic tank exists and confirming conformity with current HRS .tandards. The Board finds that this action is liaited to the special circumstances of this case; specifically, the abate.ent of a public health nuisance, n..ely, the lack of potable water. Further, the Board does not establish the policy of allowing upgrading or replacement of this or any other non-conforming use or .tructure. Roll call vote was unanimous. Mr. Hendrick discussed the progress of the New Port Largo trial, the Florida Rock and Sand case, the issue of Post, Buckley, Schuh and Jernigan, the Card Sound Road Project, and a re-occurrence of the noise problem at the Marriott Key Largo Bay Club. 80UJIDDIQ 80UD Mrs. Mary L. Parets addressed the Board. Motion was llade by Mayor Pro tea Cheal and seconded by co_issioner Harvey to extend Mrs. Parets variance to one year fro. the date of the original grant of the variance. Motion carried unanimously. Richard Divoll, representing the Porpoise Point Similar Sound Homeowners Association, addressed the Board concerning drainage and the installation of a diesel tank at the firehouse on Big Coppitt Key. Pat Jennings, ot Morrison-Knudsen/Gerrits, and Dave Koppel, Director ot Engineering, addr.ssed the Board. Motion vas made by Mayor Pro t_ Cheal and seconded by '4/35. Commissioner Harvey directing statt to work with the engineers, contractors and whomever appropriate in order to solve the problea. Motion carried unanimously. XZ8CBLLAIfBOU8 Harry Knight, Tax Collector, addressed the Board. Motion was made by Commissioner Harvey and seconded by Co_issioner Reich to approve the Errors and Insolvencies List tor the tax roll tor 1993. Motion carried unanimously. Mr. Knight discussed the recap ot the 1993 tax roll. Motion was made by Co_issioner Harvey and seconded by Co_issioner Freeman accepting the Report ot the Tax Collector and the distribution ot excess tees. Motion carried unanimously. Commissioner Harvey discussed speed bumps on Azalea Drive in Key Haven. Dave Koppel addressed the Board and indicated that the problem had been resolved. COUll'l'Y ADJallZ8ftA1'Oa Mr. Roberts and Dave Koppel, County Engineer, addressed the Board concerning a plan to phase out the Morrison- Knudsen/Gerrits contract and a .odification of the basic agre-..nt to cover the transition period. Motion vas _de by C~issioner Harvey and seconded by co_issioner Reich to .odify the basic agre_ent betve.n Monroe County and Morrieon- Knudsen/Gerrits, making MK/G financially responsible for any cost over-runs or Change Orders due to defici.ncy in plana or specifications, as r.co..nded by the County Attorney. Durinq discussion, the motion vas withdrawn. Motion vas _de by co_issioner Fr....n and s.conded by Co..issioner Harvey grantinq approval and authorizing th. ex.cution of the Modification to the Basic Agr...ent vith Morrison-Knuds.n/G.rrits. Motion carried unanillously. Motion vas IUld. by Mayor Pro t.m Cheal and seconded by Coaaission.r Preeaan to approve the County Adainiatrator's reco..-ndation to e.tablish a Construction Managaaent Function in the Office ot the County Engin.er and creation of the po.ition, a. outlined in the AdIIinistrator' s report. Motion carried unan!aously. Motion vas _d. by co_ission.r Reich and seconded by Coaai..ioner Pr....n to appoint Col. Willi.. (Bill) McDonald to the BRS/Health and HUJlan Service. Board. Motion carried unanillously. I i . I 94/359 stella otto, Director of Employee Benefits, gave a report to the Board concerning the County's Employee Benefits Department. PUBLIC BBARIRGS Mr. Herman, Holly Larsen, Comprehensive Planning Manager, and Garth Coller, Assistant County Attorney, addressed the Board regarding a proposed amendment to the Land Use District Map for properties located at Lot 1, Block 4, CUtthroat Harbor Estates, from Suburban Commercial to Improved Subdivision requested by applicants Martin and Alice Vandel. There was no pUblic input. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Ordinance adopting a Land Use District Map Amendment changing the Land Use Designation for property legally described as Lot 2, Block 4, cutthroat Harbor Estates SUbdivision, CUdjoe Key, Monroe County, Florida, from Suburban Commercial (SC) to Improved Subdivision (IS); transmitting these amendments to the State Land Planning Agency for approval; providing for severability; and providing for an effective date. ORDIHaBCB 023-1994 See Ord. Book No. 34, which is incorporated herein by reference. Motion carried unanimously. Ricardo Velazquez addressed the Board on a proposed amendment to the Land Use District Map for Applicant Ana Sepic, who requests a zoning change from Native to Improved Subdivision for Lot 9, Block 1, Mates Beach Plat NO.6, Little Torch Key. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the fOllowing Ordinance adopting a Land Use District Map Amendment changing the Land Use Designation for property legally described as Lot 9, Block 1, Mates Beach Plat NO.6, Little Torch Key, from Native Area (NA) to Improved Subdivision (IS); transmitting these amendaents to the state Land Planning Agency for approval; providing for severability; and providing for an effective date. ORDIHaBCB 024-1994 See Ord. Book No. 34, which is incorporated herein by reference. Motion carried unanimously. Allan Woolwich of the Florida Department of Community Affairs, Vern Pokorski, Mike Halpern, Bill Spottswood and Ben Woodson addressed the Board regarding a proposed aaendaent to the Land Use District Map for applicant Little Palm Island, Ltd., ) 94/360 which requests a zoninq chanqe from Offshore Island to Destination Resort for Little Munson Island, a.k.a. Little Palm Island. Motion was made by Commissioner Reich and seconded by Co..issioner Harvey to adopt the followinq Ordinance adoptinq a Land Use District Map Amendment chanqinq the Land Use Desiqnation for property leqally described as Government Lot 2, Section 8, Township 66, Ranqe 29, Newtound Harbor Keys, a.k.a. Little Munson Island, trom Ottshore Island (OS) to Destination Resort (DR); transmittinq these amendments to the state Land Planninq Aqency tor approval; providinq tor severability; and providinq tor an ettective date. ORDI~B 025-1994 See Ord. Book No. 34, which is incorporated herein by reterence. Roll call vote was unanimous. Mike Halpern addressed the Board on a proposed aaendaent to the Land Use District Map tor applicants G.rald Krau.., Jaaes Ferquson, Ronald Rackly, John Robert Kniqht, Roland Meyer., and Robert stiqlitz, who are requestinq a zonin<) chanq. trom Suburban Residential to Commercial Fishinq Special District tor part ot Government Lot 2, Little Torch Key. Motion vas made by Co..i.sioner Reich and seconded by Co..is.ioner Harv.y to adopt the tollowinq Ordinance adoptinq a Land Us. District Map Aaendaent chanqinq the Land Use Desiqnation tor property leqally de.cribed a. part ot Government Lot 2, Section 212, Town.hip 66, Ran<)e 29, Little Torch Key, trom Suburban Re.idential (SR) to Co...rcial Fishinq Special District (CFSD); transaittin<) the.e amendments to the State Land Planninq Aqency tor approval; providin<) tor severability; and providinq tor an etrective date. ORDIBaBCB 02'-1994 See Ord. Book No. 34, which is incorporated herein by reterence. Motion carried unanimou.ly. Vern Pokorski, Douqlas P. Morway, Michael Halpern, and Frank Greenaan representinq John and Leslie Brier, addre.sed the Board. Garth Coller and Holly Larsen addressed the Board reqardin<) a proposed aae~ent to the Land Use District Map tor applicants John and Leslie Brier who request a zoninq chanqe tro. Improved Subdivision to Urban Residential Mobile Ho.. tor Lots 1- 18, Block 27, Sands Subdivision, Big Pine Key. Motion va. aade by Co..issioner Reich and seconded by Co..issioner Harvey to adopt an ordinance. Roll call vote vas taken with the tOllowing results: Motion failed. Co..issioner Freeaan No co..issioner Harvey Yes co..i.sioner Reich Yes Mayor Pro tea Cheal No 9./311 Motion was made by Commissioner Reich and seconded by Co..issioner Harvey to reconsider Agenda Item G-5 concerning the reappointaent of John Rayaond and Jorge Aladro to the Contractors Exaaininq Board. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Co..issioner Harvey to appoint David Houston to replace Jorge Aladro and to appoint Mark Holding to replace John Rayaond to the Contractors Examininq Board. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Co..issioner Reich to adopt the following Resolution establishinq a Local Base Closure and Realignment Co..ission. .e.olutioD .0. 313-199. See Res. Book No. 123, whicb is incorporated herein by reference. Motion carried unanimously. Motion was Jlade by CODis.ioner Harvey and .econded by Coa.i..ioner Fre_an grantinq approval to waive Purcbasinq and Policie. Procedure. and solicit a consultant to prepare an action plan regarding the potential realiqnaent/closure of the Naval Air Station, Key We.t, and related ailitary faCilities, in an aaount not to exceed $125,000.00. Motion carried unani.ou.ly. There being no further busine.s, the .eetinq was adjourned. Clerk to the Board of County co..is.ioners of Monroe County ~J Ruth Ann J tze Deputy Clerk