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03/23/1993 Regular 93/132 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, March 23, 1993 Key Largo 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, CountyAdministrator; CountyStaff; members (mil of the Press and Radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Harvey and seconded by Commissioner Reich to approve Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. CONSENT AGENDA Motion was made by Commissioner Harvey and seconded by Commissioner Cheal to approve the following items: Adoption of the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, an agreement between The Florida Department of Community Affairs, Monroe County, and Robb Tyler, concerning Lot 3, Exception, Block 2 , Plantation Island Subdivision, Amended and Extended Plat of Duck Key, Monroe County, Florida, approximate Mile Marker 61. RESOLUTION NO. 114-1993 See Res. Book No. 114 which is incorporated herein by reference; Authorization for the Board to exercise the second year 93/133 option of the Lease between Monroe County and George Scott, for rental of Suite C, Conch Plaza Building, Tavernier, Florida, to be used for storage only, by the Plantation Key Building Department, in the amount of $145. 00 per month, starting February 1, 1993 thru January 31, 1994; DIVISION OF GROWTH MANAGEMENT Approval for a response to proposed design for personal hurricane shelters from Contractor, Gene Rhodus; Approval of a contract negotiation and resulting PSO with Post, Buckley, Schuh and Jernigan, for the review and permitting of stormwater management plans under the Stormwater Management Ordinance; and Approval of a refund request to Gulfside Village Condominium Association in the amount of $221. 00 for permit fees insofar as the sealcoating was deemed to be excessive. Motion carried unanimously. CONSENT AGENDA Growth Management Director, Bob Herman, addressed the Board concerning the approval of Amendment No. 3 to a contract with Freilich, Leitner, Carlisle & Shortlidge, regarding the Comprehensive Plan, in order to reallocate funds allocated for the canceled December 18, 1991 BCC/PC joint meeting in order to utilize funds for continued review, coordination, and legal advice on the Plan without necessity of a budget increase. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to deny the request. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman No Commissioner Harvey Yes Commissioner Reich Yes Mayor London No Motion failed. Motion was then made by Commissioner Cheal and seconded by Commissioner Freeman to approve the request. 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. 93/134 Mr. Herman addressed the Board concerning the dates for the final hearings for the Comprehensive Land Use Plan Adoption. Motion was made by Commissioner Cheal and seconded by Commissioner Reich approving a Public Hearing date before the Planning Commission on April 1, 1993 after 5 P.M. at the Marathon Courthouse, and the final Public Hearing before the Board of County Commissioners on April 15, 1993 at Key Colony Beach City Hall with the meeting with the intervenors beginning at 1:00 P.M. to 4:30, and the final Public Hearing on the Comprehensive Plan beginning at 6: 00 P.M. Roll call vote was unanimous. SOUNDING BOARD Mr. Charles Mills addressed the Board concerning the rental of residential homes for commercial purposes. The matter was referred to the County Attorney for a review and recommendation. Mr. Mills and Suzanne Pate addressed the Board regarding the Code Enforcement Board Meeting. Commissioner Cheal discussed the deletion of the item concerning the Marathon Airport landscaping project. No official action was taken. H. T. Pontin addressed previous letters and communications with Monroe County concerning its jurisdiction over sovereign lands. No official action was taken. Jose Gonzalez, of Gonzalez Architects, representing Aaron Perkins, addressed the Board concerning a request for a partial waiver of the renoticing fees for a Planning Commission Meeting/Hearing concerning Sunrise Strip Subdivision, Project No. 89026. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to approve a fee of $720. 00 for the renoticing in reference to the request of the Sunrise Strip Subdivision project. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London No Motion carried. COUNTY ADMINISTRATOR County Administrator, Tom Brown, Charles Russell, of Florida Keys Electric Cooperative Association, Inc. , Robert Padron, General Manager of City Electric System, and Roger Lopez, 93/135 of Florida Power and Light, addressed the Board concerning the methodology for the replacement of the electrical transmission lines and poles on the 18-mile stretch of U.S. 1. Mr. David Ritz, Jodi Westendorf, Scott Marr, Milan P. Zijic, Egan Adams, George Nyman, and James C. Morton addressed the Board. Motion was made by Mayor London and seconded by Commissioner Cheal directing the County Administrator to come back to the Board with an analysis based on a September - October closing and requesting County Engineer Dave Koppel to explore ways to begin construction of the Card Sound Road improvements without losing the permits and requesting the utilities to provide a cost analysis of alternatives, including working at night. Roll call vote was unanimous. MISCELLANEOUS Dr. Marshall Wolfe, Executive Director of Care Center for Mental Health, addressed the Board concerning a request of additional funding for Baker Act transportation in the amount of $29, 683 . 00 for fiscal year 1993 . Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve an additional appropriation of $8,000. 00 from the Board's contingency. Roll call vote was unanimous. PUBLIC HEARING A Public Hearing was held to consider the proposed abandonment of a 10 foot wide alley running through Block 3, from Georgia Avenue to Missouri Avenue (a/k/a Marine Avenue) , in Tavernier Subdivision, Key Largo, Monroe County, Florida. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution concerning the abandonment of a 10 foot wide alley running through Block 3 , from Georgia Avenue to Missouri Avenue (a/k/a Marine Avenue) , in Tavernier Subdivision, Key Largo, Monroe County, Florida. Motion carried unanimously. RESOLUTION NO. 115-1993 See Res. Book No. 114 which is incorporated herein by reference. BOARD OF APPEALS An appeal filed by Ernesto and Ana Fernandez of the decision by the Planning Commission, upholding the Director of Environmental Resources' decision to deny a permit application to construct an observation platform, located at Lot 18, Block 3, Matecumbe Ocean Bay East, Lower Matecumbe Key. Attorney Mark Gregg, representing Ernesto and Ana Fernandez, addressed the Board concerning the Appeal. Assistant County Attorney Garth Coller addressed the Board. Mr. Gregg offered rebuttal. Motion was made by Commissioner Cheal and seconded by Commissioner 93/136 Freeman to deny the Appeal and uphold the decision of the Planning Commission in that the applicant failed to show error on part of the Planning Commission. 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. An appeal filed by John and Alice Scott of the decision by the Planning Commission, upholding the Director of Environmental Resources' decision to deny a permit request for the construction of a seawall, described as lots 31 and 32, Block C, Gulfview Drive, White Marlin Beach Subdivision, Section 20, Township 64 South, Range 36 East, Lower Matecumbe Key, Tallahassee Meridian, Islamorada. Carol Scott, representing John and Alice Scott, addressed the Board concerning the Appeal. Assistant County Attorney Garth Coller addressed the Board. Ms. Scott offered rebuttal. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to grant the Appeal in that the Planning Commission erred in arriving at their conclusions as contained in paragraphs five and six of the Planning Commission Resolution and that significant erosion does exist on the shore line and that the provisions of 9 .5-345 (m) (2) (b) allowing seawall and bulkhead construction to control erosion would apply. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. PUBLIC HEARING A Public Hearing was held to consider a budget amendment to the MSTD - Planning, Building, Code and Fire Fund #148 for Fiscal Year 1993 . Motion was made by Commissioner Reich and seconded by Commissioner Harvey to approve. During discussion, Commissioner Reich withdrew the motion. After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution to consider a budget amendment to the MSTD - Planning, Building, Code and Fire Fund #148 for Fiscal Year 1993 . Roll call vote was taken with the following results: 93/137 Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. RESOLUTION NO. 116-1993 See Res. Book No. 114 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, and J. R. Carter, addressed the Board concerning the adoption of a Resolution rescinding Resolution No. 051-1993 , which provided for the tolling of building permit No. 91-3-4456 issued on January 21, 1992, to Mr. J.R. Carter for property located at Lot 1, Block 1, Largo Beach Subdivision, Key Largo, until such time as the new Monroe County Comprehensive Land Use Plan has been adopted. Motion was made by Mayor London and seconded by Commissioner Reich to postpone the adoption. Motion carried unanimously. The Board discussed renouncing and disclaiming Monroe County's interest in a lot designated as "park" in the Key Largo Ocean Shores Addition Subdivision. Motion was made by Commissioner Harvey and seconded by Commissioner Cheal to accept dedication of the park. During discussion, the motion was withdrawn. No further action. William Pratt, Harley Miller, and Growth Management Director, Bob Herman, addressed the Board concerning a request for refund of an after-the-fact permit penalty fee for permits issued to Miller Construction for work done at Ocean Reef. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve Staff recommendation, authorizing a refund of $27, 156. 00. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London No Motion carried. Motion was made by Mayor London and seconded by Commissioner Harvey to adopt the following Resolution amending Resolution No. 605-1990 regarding building permit fees in order to add painting and sealcoating and adding separate categories } 93/138 for residential and commercial alarm systems. Motion carried unanimously. RESOLUTION NO. 117-1993 See Res. Book No. 114 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to approve an RFP for completion of a project designed to investigate alternative methods of sewage treatment. Motion carried unanimously. Growth Management Director, Bob Herman, discussed the ruling of the Governor. and Cabinet on the four foot rule and indicated that he had received information that the Governor and Cabinet had ruled against the County with conditions. Motion was made by Mayor London and seconded by Commissioner Freeman to direct the County's Special Litigation Counsel, Jim Hendrick, to appeal the decision of the Governor and Cabinet and directed the County to continue to issue permits in accordance with its previous procedure. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. There being no further business, the meeting was adjourned. Clerk of the Board of County Commissioners of Monroe County Deputy Clerk