Loading...
09/28/1993 Regular 93/419 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, September 28, 1993 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 1: 00 P.M. , on the above date, at the Key Largo Library. Present and answering to roll call were Commissioners Earl Cheal, Shirley Freeman, Wilhelmina Harvey and Mary Kay Reich. Mayor London arrived later in the meeting. Also present were Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to approve Additions, Corrections and Deletions to the Agenda. Motion carried unanimously, with Mayor Harvey not present. CONSENT AGENDA Motion was made by Commissioner Reich and seconded by Commissioner Harvey to approve the following Staff recommendation for the elimination of the level of service deficit for activity- based parklands in the Upper Keys: Direct Staff to have property appraisals and . site surveys prepared first for the Marr property and Settler's Park. If the County determines that the Marr property cannot be purchased, then appraisals should be prepared for the Haggai property and the Snapper Cay property. Motion carried unanimously, with Mayor London not present. 93/420 BULK APPROVALS Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval of the following: Flood Variance Application of Armando Rodriguez, for a first time placement of a mobile Home, below base flood elevation, located on Lot 3, Block 2, Porpoise Point, Section II, Big Coppitt Key, Coastal Flood Zone AE 10' , Panel 1732G. Adoption of the following Resolution authorizing the submission of a grant application to the Coca Cola Corporation and Major League Baseball for funds to upgrade and renovate the little league fields at Key Largo and Plantation schools. RESOLUTION NO. 361-1993 See Res. Book No. 118 which is incorporated herein by reference. Adoption of the following Resolution authorizing the submission of a grant application to the Florida Department of Natural Resources Florida Recreation Development Assistance Program to provide funds for the development of recreational facilities in Bernstein Park, Stock Island. RESOLUTION NO. 362-1993 See Res. Book No. 118 which is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted authorization for County Commissioners to travel to San Francisco to attend the National Association of Counties Conference, November 18, 19, and 20, 1993 . Board granted authorization to reimburse the amount of $58.00 to Commissioner Harvey for flowers that she sent to the late Bowman Cutter, who performed pro-bono architect engineer work for Monroe County. Board granted approval for Commissioners to attend the Florida Association of Counties Legislative Meeting on October 15, 1993 in Tampa, Florida. Motion carried unanimously, with Mayor London not present. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, and Executive Director of the Land Authority, Mark Rosch, addressed the Board concerningthe submission of a grant application to the Florida 93/421 Communities Trust Area of Critical State Concern Program to provide funds for land acquisitions that will assist the County in implementing the Monroe County Year 2010 Comprehensive Plan. Mayor London entered the Meeting. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Freeman to authorize Executive Director of the Land Authority, Mark Rosch and County Staff to proceed with proposals to secure $5, 000,000. 00 in Florida Communities Trust Fund monies and allow Florida Communities Trust to determine which areas are to be funded, subject to the County Administrator identifying funding sources for local match. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London Yes Motion carried. Board returned to the consideration of Agenda Item C-2 regarding the reconsideration of Parks and Recreation Board's recommendation to purchase lands in order to eliminate the level of service deficiency of activity based parkland in the Upper Keys. Mike Barr, of the Kiwanis Club, addressed the Board concerning the donation of park equipment. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to accept the donation of park & recreation equipment from the Upper Keys Kiwanis Club to be used at Harry Harris Park, subject to the County Administrator's review and approval. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to authorize the preparation of an Interlocal Agreement between Monroe County and the Monroe County School Board concerning Coral Shores High School recreational facilities. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich approving the following Staff recommendation concerning the Flood Variance Application of Joseph H. Roth, Jr. , to install a decorative lattice over a chainlink and commercial storage greater than 300 square feet, below base flood elevation, located in a V-zone on property in Holiday Isle, beneath El Capitan Building, Mile Marker 84, U.S. Highway #1 on Windley Key: 1. Grant a variance to enclose the area below base flood, with decorative lattice for aesthetic purposes only, with the condition that a restrictive covenant be 93/422 submitted prior to issuance of a permit stating no activity will be conducted within the enclosed area. Lattice may only be applied over the chainlink fence if it meets the breakaway requirements of 9. 5-317 (4) (h) . 2 . If the applicant wishes to enclose 300 square feet of area for storage, and the items to be stored are identified as other than those described in FEMA's interpretive policy dated 1/92 on the "Intent of Storage", the items must be listed as a condition of the restrictive covenant, reviewed and approved by Monroe County. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting permission to expend funds for aerial photography in Florida Department of Environmental Protection Contract #C-8200. Motion carried unanimously. SOUNDING BOARD Mr. Robert Luse, of Mariner's Hospital, addressed the ( Board concerning Mariners Hospital's offer to donate to Monroe County the construction plans, documents, and all architectural services for the proposed new hospital, approval of said plans, and authorization to advertise for construction bids. J. Allison DeFoor, II, submitted a report dated September 27, 1993 concerning a proposed merger of Mariner's Hospital with South Miami Hospital. The following individuals addressed the Board: Joan R. Mowery, John F. Ransome, David Ritz, of the Ocean Reef Community Association; Edmund M. Grant, Robert H. Luse of Mariner's Hospital and Dagny Johnson. Motion was made by Commissioner Reich and seconded by Commissioner Cheal to rescind the Board's previous direction to the County Administrator directing him to proceed with the advertising for construction bids for Mariner's Hospital. Motion carried unanimously. Warner Hutchinson of the United Protestant Appeal, addressed the Board concerning the operation of ARK Hurricane Preparedness Centers and Special Needs Housing. No official action was taken. Randolph W. Sadtler, addressed the Board concerning the reimbursement of expenses regarding Snowman v. Monroe County. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman directing the County Attorney to review Mr. 93/423 Sadtler's request and report back to the Board. Roll call vote was unanimous. Richard Moretti, of the Pigeon Key Historical Park Group, addressed the Board concerning the need to make immediate repairs of Pigeon Key. The following individuals addressed the Board: Doug Porch, Ray Tacker, Walter S. Carson, and David Tibbetts. Mr. Roger Allen addressed the Board concerning the blackout policy of TCI on certain sports programs. The following individuals addressed the Board:. John Donnelly, Chuck Tittle, and Joe Bell. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman directing the County Administrator and Mr. Firestone, contingent upon his contract with the Board being approved, to investigate this situation and come back to the Board with recommendations and an appropriate Resolution for consideration by the Board. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning the adoption of a resolution renouncing and disclaiming any right of the County and the public, in and to a portion of Oak Road, Pamela Villa Subdivision, Monroe County, Key Largo, Florida. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 363-1993 See Res. Book No. 118 which is incorporated herein by reference. A Public Hearing was held concerning the adoption of a resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right-of-way of East Drive (A/K/A 70th Street) , adjacent and contiguous to Lots 19, 20 and 21, Roosevelt Point, Plat No. 1, Vaca Key, Monroe County, Florida. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 364-1993 See Res. Book No. 118 which is incorporated herein by reference. The continuation of a Public Hearing was held 93/424 concerning the adoption of the following Ordinances, with no public input: An Ordinance amending Sec. 6-16 (a) , Monroe County Code, by an ordinance adopting the 1993 amendment to the 1991 Standard Building Code as part of that 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. ORDINANCE NO. 025-1993 See Ord. Book No. 31 which is incorporated herein by reference. An Ordinance amending Sec. 6. 6-6 (a) Monroe County Code, by an Ordinance adopting the 1992 and 1993 amendments to the 1991 Standard Fire Prevention Code as part of that 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. ORDINANCE NO. 026 -1993 See Ord. Book No. 31 which is incorporated herein by reference. An Ordinance amending Sec. 6-206 Monroe County Code, by an Ordinance adopting the 1993 amendments to the 1991 Standard Gas Code as part of that 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. ORDINANCE NO. 027-1993 See Ord. Book No. 31 which is incorporated herein by reference. An Ordinance amending Sec. 6-256 Monroe County Code, by an Ordinance adopting the 1993 amendments to the 1991 Standard Mechanical Code as part of that 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. ORDINANCE NO. 028 -1993 See Ord. Book No. 31 which is incorporated herein by reference. An Ordinance amending Sec. 6-271, Monroe County Code, by an ordinance adopting the 1993 amendments to the 1991 Standard Plumbing Code as part of that code applicable in the unincorporated areas of Monroe County; Providing for severability; Providing for repeal of all Ordinances inconsistent 93/425 herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. ORDINANCE NO. 029-1993 See Ord. Book No. 31 which is incorporated herein by reference. An Ordinance amending Section 6-16.3, Monroe County Code, by an ordinance adopting the 1993 amendments to the 1991 Standard Swimming Pool Code as part of that 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. ORDINANCE NO. 030-1993 See Ord. Book No. 31 which is incorporated herein by reference. Motion carried unanimously. A Public Hearing was held concerning adoption of an Ordinance amending Section 6-59 (II) of the Monroe County Code to require all new contractors to take an administrative exam in order to be certified; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. The County Attorney, Randy Ludacer, read by title only. Walter Carson, of the Florida Keys Contractors Association, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 031-1993 See Ord. Book No. 31 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 6-90, Monroe County Code in order to provide authority to impose a monetary fine for the violation of cease and desist orders for unlicensed practice of a profession regulated by Chapter 6; Providing for authority to enforce the fines through the Court system; Revising Section 6-68 (c) , Monroe County Code to alter hearing procedures to authorize the Building Official to act as prosecutor, to designate a Building Department employee the secretary to the Contractors Examining Board for disciplinary hearing purposes only; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. County Attorney, Randy Ludacer, read by title only. Walter Carson, of the Florida Keys Contractors Association, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Ordinance. Motion carried unanimously. ( ) 93/426 ORDINANCE NO. 032-1993 See Ord. Book No. 31 which is incorporated herein by reference. MISCELLANEOUS Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve the Annual Errors and Insolvencies list of the 1992 Monroe County Tax Collector, Harry F. Knight. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to approve the Annual Report of the reconciliation of the 1992 Monroe County Tax Roll, Harry F. Knight, Tax Collector. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to permit Harry F. Knight, Tax Collector's 1993 Tax Roll be extended prior to the completion of the Value Adjustment Board hearings. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution permitting the Tax Collector to refrain from billing any taxpayer whose bill is five dollars and less for the ensuing tax year. Motion carried unanimously. RESOLUTION NO. 365-1993 See Res. Book No. 118 which is incorporated herein by reference. Motion was made by Mayor London and seconded by Commissioner Harvey granting approval of an improvement and beautification project at the Marathon Yacht Club. Motion carried unanimously. COMMISSIONER'S ITEMS Commissioner Cheal discussed the approval for him to meet with Constitutional Officers for the purpose of developing recommendations to improve efficiency and reducing the cost of County Government. Motion was made by Commissioner Harvey and seconded by Commissioner Reich approving Commissioner Cheal to serve as the BOCC representative to coordinate the formulation and meeting of a review committee to investigate various initiatives to improve efficiency and reduce costs of Monroe County governmental entities, with the inclusion of the County Administrator. Motion carried unanimously. The following individuals addressed the Board concerning a Resolution for a November 1994 Voter Preference 93/427 Referendum regarding the Florida Keys National Marine Sanctuary Act: Mike Collins, Sandy Sprunt, Debbie Harrison, representing the Wilderness Society; Amy Knowles, representing the Keys Chapter of the Izaak Walton League; Gail Feddern, Pat Deihl, Henry Feddern, Pat Clyne, representing The Conch Coalition; Marcy Roth, representing the Center for Marine Conservation; Geoffrey Chapman, and Dagny Johnson. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt a Resolution for a November 1994 Voter Preference Referendum regarding the Florida Keys Marine Sanctuary Act. 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. Commissioner Cheal discussed Agenda Item C-58 concerning the approval to advertise for bids for the purchase of an autoclave for use by Mariners Hospital and Agenda Item C-59 concerning the approval to advertise for bids for the purchase of a portable X-ray machine for use by Mariners Hospital, scheduled to be heard on the Agenda of September 29, 1993. Commissioner Cheal questioned the fact that the specifications may have been too narrowly drawn to provide for sufficient competitiveness in the bid process. Emergency Management Director-Trauma, Elaine Gorman, and Terry Lumpkin of Mariners Hospital addressed the Board. No official action was taken. Commissioner Cheal left the meeting. COUNTY ADMINISTRATOR Motion was made by Commissioner Freeman and seconded by Mayor London granting approval of the September 1993 Cody Report Recommended Classification and Pay Plan. Roll call vote was unanimous, with Commissioner Cheal not present. Employee Benefits Coordinator, Stella Otto, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval of the following additional benefits to the Group Health/Life Insurance Plan(s) : A. Increase limit payable on vision care 93/428 from $140.00 to $200.00 B. Increase maximum payable on dental care from $1,500. 00 per person per year to $2, 000.00 C. Increase the lifetime maximum payable on Orthodontic care from $1,000. 00 per person to $1,500. 00 D. Increase Life Insurance coverage from $10, 000.00 to $20, 000. 00 E. For psychotherapy, add coverage for services rendered by a person with a Master's Degree in Psychology F. Reinstate Oral Surgery as a covered expense under the Medical Plan, effective 10/01/92 Motion carried unanimously, with Commissioner Cheal not present. County Administrator, Tom Brown, recommended Agenda Item H-3 concerning the scheduling of a Monroe County Commission- Management Staff Seminar to develop long range goals and (' l objectives for providing public services in Monroe County, be continued to the next regularly scheduled Board Meeting at the Key Colony Beach City Hall on October 19 & 20, 1993. Motion was made by Commissioner Harvey and seconded by Mayor London to continue this item. Motion carried unanimously. Clerk to the Board of County Commissioners. of Monroe County •„aci-el, A9tivzrt.4-4-:a) Deputy Clerk