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02/09/1993 Regular 93/52 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, February 9, 1993 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 1: 00 p.m. Present and answering to roll call were Commissioners Earl Cheal, Shirley Freeman, Wilhelmina Harvey, Mary Kay Reich, and Mayor Jack London. 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. COUNTY ADMINISTRATOR Mary Broske, Grants Manager, and Mike Langton, President of Langton Associates, Inc. , addressed the Board concerning consideration of approval for Langton Associates to provide Affordable Housing Consultant Services for the SHIP Program. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval to Langton Associates to provide Affordable Housing Consultant Services for the SHIP Program waiving Purchasing Policies and Procedures. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. Mark Rosch, Rafael DeArazoza, D. Rivera, and Albert Dominguez, of the Florida Department of Transportation, addressed the Board concerning approval of the Federal Functional Classification of Roadways in Monroe County prepared by FDOT. 93/53 After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Cheal to approve, per Staff recommendation, to reject the Federal Functional Classification of Roadways in Monroe County, unless all of US-1 within the City of Key West is designated a principal arterial. Roll call vote was unanimous. SOUNDING BOARD J. R. Carter addressed the Board concerning an alteration to a building permit for property on Key Largo. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution concerning an alteration to a building permit for property on Key Largo. Roll call vote was unanimous. RESOLUTION NO. 051-1993 See Res. Book No. 113 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Cheal and seconded by Commissioner Reich to reconsider item B-4 concerning the approval of the Federal Functional Classification of Roadways in Monroe County prepared by the FDOT. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to approve the Federal Functional Classification of Roadways in Monroe County, prepared by FDOT, with the exception of that portion of US-1 classified as a minor arterial in the City of Key West and adopting the following Resolution approving same. RESOLUTION NO. 052-1993 See Res. Book No. 113 which is incorporated herein by reference. SOUNDING BOARD Gene Rhodus of Gene Rhodus, Inc. , General Contractor, addressed the Board concerning a hurricane shelter for individual homes. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Reich to direct staff to review the plans and proposals as submitted by Mr. Rhodus, and report back 93/54 to the Board. Roll call vote was unanimous. Jeffrey M. Pinkus, Jean De St. Croix, Betty Vail, Linda Jensen, and Bob Ernst addressed the Board concerning the proposed trimming and lighting of the native hammock on the north side of the Marathon Airport Hammock. After discussion, Motion was made by Mayor London and seconded by Commissioner Cheal directing Staff to solicit bids for the cost of removing invasive exotics in the area that must be cleared within 250 feet of the centerline of the Marathon Airport runway and to include the transplantation of any native vegetation. Roll call vote was unanimous. H. T. Pontin addressed the Board concerning Monroe County government issues. No official action was taken. DIVISION OF GROWTH MANAGEMENT Tim Murphy, of the South Florida Regional Planning Council, addressed the Board concerning a Resolution authorizing the Mayor to execute an Interlocal Agreement with Dade and Broward Counties creating the South Florida Regional Planning • Council. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey adopting the following Resolution authorizing the Mayor to execute an Interlocal Agreement with Dade and Broward Counties creating the South Florida Regional Planning Council. Motion carried unanimously. RESOLUTION NO. 053-1993 See Res. Book No. 113 which is incorporated herein by reference. Special Litigation Council, Jim Hendrick, addressed the Board concerning the status of litigation in the cases of Holiday Isle, DeCarion, and the Big Pine Key School issue. Mr. Hendrick also discussed the four foot rule appeal cases and the defense of the County's position in those cases. Motion was made by Commissioner Harvey and seconded by Commissioner Reich authorizing the firm of Morgan and Hendrick to defend and represent the County in the four foot rule appeal cases. Roll call vote was unanimous. Mr. Hendrick addressed the Board concerning a Settlement Agreement with Twin Harbors, Inc. , regarding property at MM 103 .8, known as Twin Harbors Resort. During discussion, Danny Kolhage, Clerk, advised the Commission that the cash bond provided by the Settlement Agreement should be posted in a county depository. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve the proposed settlement 93/55 agreement, subject to a change in Section 6 of the Agreement, which provides for a monetary guarantee to be placed in escrow in a county depository, and subject to the approval of the proposed Escrow Agreement by the Clerk and the Attorney, and payment by Twin Harbors, Inc. , of the County's legal fees up to $500. 00. Roll call vote was unanimous. MISCELLANEOUS David K. Ringemann, Bill Smith, Executive Director of the Florida Keys Contractors Association, Walter Carson, President of the Florida Keys Contractors Association, Linda Jensen, and George Aladro addressed the Board concerning permitting problems and policies of the Building Department. This problem was referred to Staff. PUBLIC HEARINGS A Public Hearing was held concerning a Resolution ' stating the intent of the Board of County Commissioners to impose a non-ad valorem assessment within Winston Waterways Subdivision for the purpose of road improvements, etc. Proof of Publication was noted for the record. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution stating the intent of the Board of County Commissioners of Monroe County to impose a non-ad valorem assessment within Winston Waterways Subdivision for the purpose of road improvements. Motion carried unanimously. RESOLUTION NO. 054-1993 See Res. Book No. 113 which is incorporated herein by reference. MISCELLANEOUS Mike Puto and Curt Blair of the Health Council of South Florida, Ann Rhodes and Dr. Kelly of HRS, Stephanie Walters of the HRS/Monroe County Health Clinic, and Social Services Director Louie LaTorre addressed the Board concerning primary health care. Motion was made by Commissioner Harvey and seconded by Commissioner Cheal declaring that the County will assist the Health Council in their request insofar as possible and that + staff explore funding possibilities as presented by Mr. LaTorre and the Committee. Roll call vote was unanimous. Motion was 93/56 made by Commissioner Cheal directing staff to draft a Resolution, with the assistance of the Committee, requesting all possible state funding sources and support. Motion died for lack of a second. Motion was then made by Commissioner Cheal and seconded by Commissioner Reich to postpone to the Board Meeting of February 10, 1993 . Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held regarding an Ordinance of the Board of County Commissioners of Monroe County, Florida, establishing a Special Municipal Services Taxing Unit, for the purposes of repairing and improving streets and roads, which encompass the amended plat of Winston Waterways and more particularly the platted lots bordering Valencia Road South of Mahogany Drive, 1st Lane, 2nd Lane, 3rd Lane and 4th Lane; providing a purpose; providing for governing body; providing for the imposition and collection of non-ad valorem assessment; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman 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 Freeman to adopt the following Ordinance as amended. Motion carried unanimously. ORDINANCE NO. 002-1993 See Ord. Book No. 30 which is incorporated herein by reference. A Public Hearing was held regarding an Ordinance of the Board of County Commissioners of Monroe County, Florida, amending Monroe County Code Section 2-299 (D) and (E) and Section 2-300 (B) (7) , deleting language which appears to confer upon Tourist Development Council authority to employ and contract for administrative services, and deleting restriction upon third cent expenditures only upon recommendation of District Advisory Board; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. Mayor Samuel Finer addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Ordinance. Motion carried unanimously. 93/57 ORDINANCE NO. 003-1993 See Ord. Book No. 30 which is incorporated herein by reference. A Public Hearing was held regarding an Ordinance amending Monroe County Code Sec. 6-56 providing for consistency in the language of the definition of Class C air conditioning contractor with state statute; providing for the elimination of issuance of new certificates of competency; providing for a grandfather clause of existing class C certificates; providing for severability; providing for repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Mayor London and seconded by Commissioner Cheal to read by title only. Motion carried unanimously. County Attorney read by title only. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO.. 004-1993 See Ord. Book No. 30 which is incorporated herein by reference. A Public Hearing was held regarding an Ordinance of the Board of County Commissioners of Monroe County, Florida, amending Sec. 6-62, Monroe County Code, providing for reciprocity with other Counties; Amending Sec 6-60 (3) to provide exception to temporary certificates for those who obtain reciprocal certificates; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. County Attorney read by title only. Bill Smith of the Florida Keys Contractor's Association, Walter Carson, President of the Florida Keys Contractor's Association, and George Aladro, addressed the Board. Motion was made by Commissioner Cheal to adopt the Ordinance. Motion died for lack of a second. Motion was then made by Mayor London and seconded by Commissioner Cheal to continue the Public Hearing to the next Board Meeting in Marathon at 3 : 00 P.M. Motion carried unanimously. A Public Hearing was held regarding an Ordinance amending Section 6-68 (d) (4) , Monroe County Code, by the deletion of the last sentence in order to provide that there is no mandatory limitation as to the number of letters of reprimand which can be issued by the Contractor's Examining Board for any particular type of offense; Providingfor severability; yp providing 93/58 for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. County Attorney read by title only. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 005-1993 See Ord. Book No. 30 which is incorporated herein by reference. A Public Hearing was held regarding an Ordinance of the Board of County Commissioners of Monroe County, Florida, amending Monroe County Code, Sec. 6-69, Providing for a definite effective date and defining the term direct supervision; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Mayor London to read by title only. Motion carried unanimously. County Attorney read by title only. Bill Smith of the Florida Keys Contractor's Association, and George Aladro addressed the Board. Motion was made by \ /' Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Ordinance with the effective date being six months from this date. 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. ORDINANCE NO. 006-1993 See Ord. Book No. 30 which is incorporated herein by reference. BOARD OF APPEALS Frank Greenman, Attorney, representing Sunshine Key addressed the Board concerning an Administrative Appeal filed by John Knorr, of the decision by the Planning Commission upholding the decision of the Director of Planning, in denying three after- the-fact building permit applications for air conditioning and electrical hook-ups, and an additional five building permit 93/59 applications for tie-downs and slabs. The sunshine Key R.V. Park is zoned Recreational Vehicle (RV) and described as Lot 2, Section 25, Township 66 South, Range 30 East, Tallahassee Meridian, Ohio Key, Monroe County, Florida, Real Estate #1124516. Assistant County Attorney Garth Coller, representing the Planning Commission, addressed the Board. Frank Greenman then offered rebuttal. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to uphold the Planning Committee's decision and to deny the Appeal based upon the fact that the Appellant had failed to prove that the Planning Commission erred in their decision. 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. PUBLIC HEARINGS A Public Hearing was held regarding an Ordinance amending Sec 12-31, Monroe County Code, in order to clarify that no Occupational License is required for fortune-tellers, clairvoyants, and the like if such practices are part of the religious tenants of any church; repealing the section 12-32, Monroe County Code, which provides for certain Monroe County Regulatory controls over the issuance of Fortune-Teller, Clairvoyant, Etc. , Occupational Licenses; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Mayor London to read by title only. Motion carried unanimously. County Attorney read by title only There was no public input. Motion was made by Commissioner Cheal and seconded by Mayor London to adopt the following Ordinance. Motion carried unanimously. 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. 93/60 ORDINANCE NO. 007-1993 See Ord. Book No. 30 which is incorporated herein by reference. A Public Hearing was held regarding an Ordinance establishing a noncriminal civil fine of $20. 00 for persons parking vehicles in violation of No Parking or Restricted Parking areas at Key West International Airport and establishing a noncriminal civil fine of $10. 00 for parking meters located at Key West International Airport; Providing or severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and Providing an effective date. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. County Attorney read by title only. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 008-1993 See Ord. Book No. 30 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Steve Ferris, Development Coordinator, addressed the Board concerning the selection of a professional engineer to provide services associated with the review and permitting of stormwater management plans under the recently adopted Stormwater Management Ordinance. Keith and Schnars, P.A. , Post, Buckley, Schuh & Jernigan, Inc. , and Garland Wilson made presentations. The Board proceeded to ballot on the selection of the firm by ranking the number one selection to receive the number one vote, and the successful nominee being the one with the lowest point total: Cheal Freeman Harvey Reich London Total Keith & Schnars 1 3 3 3 2 12 PBS&J 2 2 1 1 1 7 G. Wilson 3 1 2 2 3 11 Motion was made by Commissioner Harvey and seconded by Commissioner Freeman authorizing Staff to negotiate a Contract with the firm of Post Buckley, Schuh & Jernigan, Motion carried 93/61 (tip unanimously. MISCELLANEOUS Greg Green, President of the Monroe County Fire Chief's Association, Jack Watson, Big Pine Key Fire Chief, Ron Mobley, Key Largo Fire Chief, William Wagner, III, Conch Key Fire Chief, and Randy Mearns, Marathon Fire & Rescue Chief addressed the Board concerning problem areas specifically related to needed improvements to the volunteer department facilities. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to approve the proposed Fire Facilities Five Year Capital Improvements Program as outlined : in County ADministrator's memorandum dated January 29, 1993 . Roll call vote was unanimous. PUBLIC HEARING A Public Hearing was held to consider a Budget Amendment to the Supplement to the General Fund - Libraries - Fund #402 for Fiscal Year 1993 . There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Resolution concerning a Budget Amendment to the Supplement to the General Fund - Libraries - Fund #002 for Fiscal Year 1993 . Motion carried unanimously. RESOLUTION NO. 055-1993 See Res. Book No. 113 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Division Director, Bob Herman, addressed, the Board concerning a request by the Growth Management Division for reimbursement of relocation costs for Growth Management employees who will be forced to relocate due to the impending move of the Division to the Marathon Regional Service Center in the amount of $250. 00 for truck/trailer rental, and a fixed amount of $500. 00 per employee as a relocation allowance. During discussion, the Clerk advised that he was concerned about the lack of public county purpose in the proposed expenditure and indicated that it would be necessary to obtain an Attorney General's Opinion. Motion was made by Commissioner Cheal directing the County Attorney to seek an Attorney General 's Opinion as to the 93/62 appropriateness of the proposed expenditure. Motion died for lack of a second. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of funding for the purchase and installation of playground equipment for Sunset Point Park, Key Largo, MM 93 . 5, Bayside. Motion carried unanimously. Mr. Herman addressed the Board concerning approval to execute a contract agreement with the Environmental Protection Agency for continuation of the Alternative Wastewater Treatment Demonstration Project. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Cheal to continue this item to the next Board Meeting and requested that Mr. George Garrett and Dr. Brian LaPointe be present to respond to questions. Motion carried unanimously. There being no further business, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County OaJJA.,C. c. Q40LndiA) Deputy Clerk t j