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07/06/1993 Regular 93/291 i MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, July 6, 1993 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 1: 00 p.m. on the above date in the Monroe County Courthouse Annex, Courtroom "B" . 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. CONSENT AGENDA Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval of a Flood Variance Request of Edward Rega for a 720 square foot detached garage/storage enclosure, below base flood elevation, for parking only on property located on Pt of Government Lot 4, Parcel C, RE# 112580- 000400, Big Torch Key, Coastal Flood Zone AE 10 ' , Panel 1508F. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, discussed Resolution No. 174-1993, adopted in concept by the Board on May 4, 1993, providing for immediate appointments to fill vacancies on the Florida Keys Area Resource Planning and Management Committee, calling for recommendations concerning the sufficiency of the Florida Keys Area's Comprehensive Plans and Land Development Regulations, and providing for removal of the 93/292 �JJ designation for the Florida Keys Area of Critical State Concern. No official action was taken. Special Litigation Counsel, James T. Hendrick, addressed the Board concerning his opinion of a proposed future spending cap on land use plan expenditures to be approved by referendum. No official action was taken. Mr. Herman addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval to increase the ceiling on invoices billed by the firm of Morgan &. Hendrick under Letter of Agreement for FY 92/93 from $200, 000.00 to $300, 000. 00. 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. Mr. Herman and Commissioner Freeman addressed the Board concerning the allowing of businesses to operate who are not providing adequate parking spaces. Commissioner Cheal also discussed the problem of vehicles blocking the bike paths in the Marathon area. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey directing the County Administrator and the Sheriff to develop restrictions for parking on bike paths. Motion carried unanimously. MISCELLANEOUS Monroe County Housing Authority Director, Roger Braun, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to adopt the following Resolution authorizing the preparation and submission of a grant application to Florida Housing Finance Agency for a HOME Investment Partnerships Program (HOME) grant in the amount of $1,470,000.00 and directing the execution of same by the proper county authorities. Motion carried unanimously. RESOLUTION NO. 255-1993 See Res. Book No. 116 which is incorporated herein by reference. Mr. Braun also discussed completion of the Key Largo project and the eminent issuance of the Certificate of Occupancy. Mr. Bill Spottswood, attorney representing the Monroe County Housing Authority, addressed the Board concerning certain requirements of the County's Land Use Plan as it relates to low 93/293 cost housing. Mr. Hendrick, representing Monroe County, discussed Staff's interpretation of the language which requires 70% of the income of occupants of public housing to come from Monroe County. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to approve Staff interpretation for public housing projects, under HUD programs, that income requirements included in the Comprehensive Land Use Plan do not apply to unemployed persons. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Mr. Herman, Jim Quinn of the Department of Community Affairs, and Stephanie Callahan, attorney with the Department of Community Affairs, addressed the Board concerning state approval process for the Monroe County Year 2010 Comprehensive Plan. Attorney Callahan discussed the DCA's rejection of portions of Policy #1. No official action was taken. COMMISSIONERS' ITEMS Mayor London discussed developing a checklist for building permit applications. Growth Management Director, Bob Herman, presented a booklet representing a checklist for building application processing. SOUNDING BOARD Robert S. Devitt addressed the Board concerning the regulation of liveaboard boats. Growth Management Director, Bob Herman, addressed the Board. No official action was taken. Attorney Michael Barnes addressed the Board concerning his request for the Board of County Commissioners to reconsider the Resolution it adopted recommending funding for the proposed Florida Keys National Marine Sanctuary, in the amount of four million dollars ($4, 000, 000. 00) , for Fiscal Year 1994. The following individuals addressed the Board: Mel Fisher, Michael Barnes, Geoffrey Chapman, John Grodzinski, Al Perkins, Pat Clyne, Michele Wells, and Robert Knudson. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to rescind Monroe County's Resolution No. 254-1993, that Congress designate four million dollars ($4,000, 000.00) in Fiscal Year 1994 for the Florida Keys National Marine Sanctuary, and three million dollars ($3,000, 000.00) for the Environmental Protection Agency's Water Quality Protection Program. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman No 93/294 Commissioner Harvey Yes Commissioner Reich Yes Mayor London No Motion failed. Reverend Robert Gendreau discussed the need and requested County support for a Veteran's Center in Monroe County. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Resolution supporting the establishment of a Veteran's Center in Monroe County. Roll call vote was unanimous. RESOLUTION NO. 256-1993 See Res. Book No. 116 which is incorporated herein by reference. The following individuals addressed the Board concerning a road project on West Indies Drive, Ramrod Key: Chantal Morton, John Morton, William W. Gordon, Elanor Greif, Diane O'Keife, John Clarke, Ann Gordon, Sam Fine, Minna Detwiler, Henry Singleton, Catherine Clark, Barbara Wood, and Judy Phillips. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal requesting the Sheriff to give special attention to enforcement of speed laws on West Indies Drive, Ramrod Key. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider an Ordinance amending Section 2-300(C) , Monroe County Code in order to provide authority to authorize payment in each Fiscal Year out of Tourist Development Council funds, the costs of advance registrations for the following Fiscal Year; Providing for the costs of advance registrations to be paid under this Ordinance to be established by Resolution of the Board of County Commissioners; 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. County Attorney read by title only. Motion carried unanimously with Commissioner Harvey not present. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Ordinance with Commissioner Harvey not present. Motion carried unanimously. ORDINANCE NO. 020-1993 See Ord. Book No. 30 which is incorporated herein by reference. } A Public Hearing was held to consider an Ordinance amending the Animal Control Ordinance, Monroe County Code, 93/295 Subsection 3-2 (B) , in order to provide that an animal under effective voice command remains an animal at large; Creating subsection 3-7 (8) , Monroe County Code, in order to provide for a prohibition on the abandonment of domestic animals; 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. County Attorney read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 021-1993 See Ord. Book No. 30 which is incorporated herein by reference. A Public Hearing was held to consider an Ordinance creating a Boating Restricted Area (Idle Speed/No Wake) for the Channel bordering Summerland Key; Providing for definitions; Providing that Monroe County agrees to hold the Florida Department of Natural Resources harmless from any liability incurred from the posting of boating restricted markers; Providing for penalties for violations; 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. Motion was made by Mayor London and seconded by Commissioner Cheal to read by title only. County Attorney read by title only. Motion carried unanimously. Joseph D. Kemp and F.E. Lawson addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 022-1993 See Ord. Book No. 30 which is incorporated herein by reference. A Public Hearing was held to consider an Ordinance regulating the number of adults who may occupy resort condominiums, resort dwellings and rooming houses on a short-term basis; Providing for definitions: Providing for severability; Providing for repeal of all Ordinance 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. County Attorney read by title only. Linda Yorde, Alexa Wheeler, Patricia Stanley-Esslinger, Captain Mills, and Karen Roberts, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to continue this item to the next Board meeting in Key Largo on July 27 and 28., 1993 . Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES REVISED 93/296 Community Services Director, Peter Horton, addressed the Board concerning the adoption of a Resolution amending Ground Transportation Resolution No. 405-1990 concerning the operation of taxicabs and courtesy vehicles at the Key West International Airport. The following individuals addressed the Board: Michael Tierney, representing the Casa Marina Resort; Edward Horan, Esq. , representing Island Coaches; George Squires, Jr. , representing Five 6 's Cab Company; Darryl Fohrman, representing Independent Taxi Owners/Drivers; Allen Smith, Esq. , representing Friendly Cabs; Darren Guttman, representing Friendly Cabs; Walter Davenport, representing Florida Keys Taxi Dispatch; Bob Sexton, Morgan Haas, and Monroe County Airports Director, Art Skelly. Motion carried unanimously. RESOLUTION NO. 257-1993 See Res. Book No. 116 which is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Cheal addressed the Board concerning a request that certain agencies make a report on the progress of the Florida Bay issue. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to invite agencies concerned with the Florida Bay issue to give a report to the Board of County Commissioners at the next Board meeting in Marathon on ��LL September 19 and 20, 1993 . Roll call vote was unanimous. The Board discussed appointments to the Tourist Development Council. Motion was made by Commissioner Harvey to accept nominees from representatives of Districts I and III. During discussion, the motion was withdrawn. Motion was made by Mayor London and seconded by Commissioner Reich to postpone the issue. The motion was withdrawn. Motion was then made by Commissioner Freeman and seconded by Mayor London to adopt the following Resolution concerning the method of appointment of Tourist Development Council members by the Board of County Commissioners. Roll call vote was unanimous. RESOLUTION NO. 258-1993 See Res. Book No. 116 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Cheal to nominate Don DeFeo, Merili McCoy and Mona Santiago of the El Gato Motel, for appointment to the Tourist Development Council. Motion carried unanimously. The Board proceeded to ballot on the nominees on the basis of the lowest point total being the individual selected, with the following results: Cheal Freeman Harvey Reich London Total 93/297 DeFeo 2 1 3 3 1 10 McCoy 1 3 1 1 3 9 Santiago 3 2 2 2 2 11 Motion was made by Commissioner Freeman and seconded by Commissioner Reich to appoint Merili McCoy to the Tourist Development Council. Roll call vote was unanimous. Commissioner Harvey discussed a request by the Monroe County School Board for an additional $5,800. 00 appropriation for the Summer Recreational Program. No official action was taken. Mayor London discussed a proposed tax increase by the South Florida Water Management District. Motion was made by Mayor London and seconded by Commissioner Cheal to adopt the following Resolution opposing the tax increase by the South Florida Water Management District. Motion carried unanimously. RESOLUTION NO. 258A-1993 See Res. Book No. 116 which is incorporated herein by reference. MISCELLANEOUS County Attorney, Randy Ludacer, gave a report on his negotiations with Mr. Roberts, the individual selected to serve as County Administrator. He indicated that Mr. Roberts' proposal was as follows: $88,500. 00 salary per year; $5,000. 00 relocation expense; $500.00 monthly car allowance; COLA increases as they are given to other county employees; payment of nine months salary for termination without cause; and a three year contract. Motion was made by Commissioner Freeman and seconded by Mayor London to accept the above proposal for the employment of Mr. Roberts as County Administrator. 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. Commissioner Harvey discussed a Resolution concerning 93/298 the waiver of certain animal control fees. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to refer this item to the County Administrator. Motion carried unanimously. There being no further business, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County adzIati c. Deputy Clerk