Loading...
10/19/1993 Regular r ) 93/449 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, October 19, 1993 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 1: 00 P.M. , on the above date, at the Key Colony Beach City Hall. Present and answering to roll call were Commissioners, Earl Cheal, Shirley Freeman, Wilhelmina Harvey and Mary Kay Reich and Mayor London. Also present were Danny L. Kolhage, Clerk; Isabel DeSantis, Deputy 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 Cheal and seconded by Commissioner Harvey to approve Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. CONSENT AGENDA (BULK APPROVALS) Board adopted 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 Jim and Paulette Holzinger, concerning Lot 17, Section "B", Long Beach Estates, Big Pine Key, Monroe County, Florida, approximate Mile Marker 33 . Motion carried unanimously. RESOLUTION NO. 388-1993 See Res. Book No. 118 which is incorporated herein by reference. Growth Management Director, Bob Herman, addressed the Board concerning the calling of a Special Board of County Commissioners' Meeting regarding the approval of a contract between Monroe County and HRS for the joint implementation of the Cesspool Identification and Elimination Project, and the approval ReVi5101\ 93/450 j of a Subgrant Agreement with the Department of Community Affairs for the receipt of $98, 183 . 00 for the Cesspool Identification and Elimination Project, as a result of the Agreement not being received by the County as of this date. After board discussion, motion was made by Commissioner Cheal and seconded by Commissioner Freeman to continue these items to a Special Meeting to be called by the Mayor after consulting with the Growth Management Division and the County Attorney's Office. Motion carried unanimously. Andrew M. Tobin, representing Whispering Pines Trailer Park; Planning Director, Lorenzo Aghemo; Growth Management Director, Bob Herman; and Special Litigation Council, Jim Hendrick, addressed the Board concerning the adoption of a Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation # 88, Tract 21, San Souci Subdivision, Grassy Key, Monroe County, Florida, approximately mile marker 58. 6. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution, per Staff recommendation, to confirm the Administrative Boundary Determination #88, as made by the Director of Planning, such that Tract 21, San Souci Subdivision, Grassy Key, is not included within the Urban Residential Mobile Home Land Use District (URM) and that it shall remain zoned Suburban Residential (SR) . See Page 93/450A RESOLUTION NO. 389-1993 See Res. Book No. 118 which is incorporated herein by reference. Jim Smith, of the South Florida Water Management District; Growth Management Director, Bob Herman; and County Administrator, Tom Brown, discussed a Cooperative Agreement with the South Florida Water Management District (SFWMD) to assist in the development of a Stormwater Management Plan in accordance with Monroe County's Year 2010 Comprehensive Plan. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal directing Staff to prepare an appropriate Resolution to make use of the funding by the South Florida Water Management District. Motion carried unanimously. There will be no Resolution No. 390-1993 DIVISION OF GROWTH MANAGEMENT Special Litigation Counsel, Jim Hendrick, addressed the Board concerning the adoption of a Resolution authorizing and directing Code Enforcement action and requesting law enforcement agency assistance concerning disorderly conduct and other disruptive behavior associated with transient occupancy in residential subdivisions; and directing Planning staff to draft Rev�s;or\ 93/450A Andrew M. Tobin, representing Whispering Pines Trailer Park; Planning Director, Lorenzo Aghemo; Growth Management Director, Bob Herman; and Special Litigation Council, Jim Hendrick, addressed the Board concerning the adoption of a Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation # 88, Tract 21, San Souci Subdivision, Grassy Key, Monroe County, Florida, approximately mile marker 58. 6. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution, per Staff recommendation, to confirm the Administrative Boundary Determination #88, as made by the Director of Planning, such that Tract 21, San Souci Subdivision, Grassy Key, is not included within the Urban Residential Mobile Home Land Use District (URM) and that it shall remain zoned Suburban Residential (SR) . 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. 93/451 Land Development Regulations providing alternative measures for regulating or restricting such occupancy in residential land use districts. The following individuals addressed the Board: Captain Mills, L.B. Pokarski, Chuck Vowels, representing the Marathon & Lower Keys Association of Realtors; Eugene Paxton, representing the Cudjoe Key Home Owners Association; George Kundtz, Kristen Brenner, representing Brenner Realty; Patricia Stanley, Rick Grootvela, Rosario P. Duncan, Gisela Moran, Bill Wilkinson, Karen Farley-Wilkinson, Eugene Shinkevich, representing the Big Pine Key Civic Association; Henry Morgenstern, representing several Homeowner Groups; Richard Nelson, representing the Florida Keys Board of Realtors; Jane Schnee, representing Sunwater Rentals; Deborah Cullin, Gilbert Angermann, representing Conch Realty; David J. Gleason, representing Jolly Rogers Estate Property Owners Association; T. K. Anaston, Betty Vail, Bonnie Kershaw, Alexa Wheeler, representing Freewheeler Vacations Realty and Dona Merrit. Motion was made by Mayor London and seconded by Commissioner Cheal to adopt the following Resolution authorizing and directing Code Enforcement action and requesting law enforcement agency assistance concerning disorderly conduct and other disruptive behavior associated with transient occupancy in residential subdivisions; and directing Planning staff to draft Land Development Regulations providing alternative measures for regulating or restricting such occupancy in residential land use districts. 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. RESOLUTION NO. 391-1993 See Res. Book No. 118 which is incorporated herein by reference. MISCELLANEOUS Monroe County Tax Collector, Harry F. Knight, C.F.C, reported on the Tropical Key Colony Special Assessment, and the publication of the Angler's Guide to Florida Marine Resources, said Guide is provided by the Department of Environmental Protection. Mr. Knight made a presentation of the 1992-93 Fiscal Year excess fees in the total amount of $1, 193,368. 00. 93/452 COMMISSIONERS' ITEMS The following individuals addressed the Board concerning a recreational area on Big Coppitt Key: Dona Meritt, Richard L. Divoll, Barbara Divoll and Michelle Mongelli. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval to have the Tucker property on Big Coppitt Key appraised and directing the County Administrator to negotiate a purchase price, as well as obtaining a recommendation by the Parks and Recreation Board. Roll call vote was unanimous. SOUNDING BOARD/COUNTY ATTORNEY Walter Carson, President of the Florida Keys Contractor's Association and Christie Holliday, representing the Lower Keys Chamber of Commerce, addressed the Board concerning workers' compensation rates. This item was referred to the County Attorney to prepare a Resolution. County Attorney, Randy Ludacer, discussed the proposed Lease Agreement by and between the Monroe County Board of County Commissioners and the Pigeon Key Preservation Foundation, Inc. The following individuals addressed the Board regarding keeping Pigeon Key a County park with free access to County Residents; and the proposed Lease Agreement. Michael Halpern, attorney for the Pigeon Key Preservation Foundation, Inc. ; Richie Moretti, representing the Marathon Old Town Merchants Association; David W. Tibbetts, Marie Fisher, Bill Wilkinson, Robert Trafford, Robert P. Goetz, David W. Tibbetts, Karen Farley-Wilkinson, David Rice, Trudy Murray, Bob Shepherd, David Makepeace, Thomas Fraelich, Joe Hammond, President of the Pigeon Key Preservation Foundation; Harry Womack, Mary Schindler, Dona Merritt, and Walter Carson. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to make the following changes to the Lease Agreement: Page 5, paragraph 3, replace the words "deal with" with the words "include but are not limited to" in the last sentence of the paragraph. Page 7, paragraph 3, insert the words "by Court Order" between the words "delayed or declared invalid" and "for any reason" in the first sentence of the paragraph. Page 10, section 8. Construction, replace the word 93/453 (�J` "renovation" with the word "rehabilitation" in the first sentence of the paragraph. 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. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to add the following additional paragraph to the Lease Agreement: 4. PERMITTED USES D) Lessee shall only be permitted to take marine samples from within one quarter mile from the subject premises pursuant to a resources collection plan approved by the Monroe County Board of County Commissioners. 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. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting authorization to execute the Lease Agreement between Monroe County and the Pigeon Key Preservation Foundation, Inc. , as amended. 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. COMMISSIONERS' ITEMS Mayor London discussed the acquisition of a ten acre site located at Part of Government Lot 2, Section 6, Township 66, Range 33, Key Vaca, for active recreation. The Following Revision 93/454 individuals addressed the Board: Rose Stayduhar, Ray Kitchener, Robert Trafford, Kirby Cay Scheimann, Mary Schindler, and Mike Puto, and Growth Management Director, Bob Herman. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey authorizing Staff to order appraisals of the subject property in coordination with the Executive Director of the Land Authority and report back to the Board with a funding proposal. Roll call vote was unanimous. COUNTY ADMINISTRATOR Motion was made by Commissioner Cheal and seconded by Commissioner Freeman granting approval of the Organization, Programs and Policy Guidelines for the Youth Organizations of Monroe County, dated September, 1993 . Motion carried unanimously. County Administrator, Tom Brown, discussed a piece of land in the Upper Keys for a Youth Club. Catriona Rawson, Director of the Upper Keys Youth Association, Inc. , addressed the Board. After discussion, motion was made by Commissioner Cheal 41 and seconded by Commissioner Reich to cease negotiations on the three (3) Upper Keys Youth Club proposed properties. Motion carried unanimously. County Administrator, Tom Brown, and County Administrator Designee, James Roberts, discussed the approval of a Consulting Agreement with Arthur J. French, Jr. , to review, analyze and make recommendations for improving the efficiency, fiscal accountability and operational effectiveness of the Monroe County Volunteer Fire Rescue Services. Paul Galloway, representing the Stock Island Volunteer Fire Department, Mickey Feiner, and Randy Mearns of the Marathon Fire & Rescue addressed the Board. After Board discussion, motion was made by Commissioner Cheal and seconded by Commissioner Freeman authorizing the execution of a Consulting Agreement between Monroe County and Arthur J. French, Jr. , with the following amendments and subject to review of the independent contractor status: Page 2, add an additional sentence at the end of the second paragraph as follows: CONSULTANT shall also review studies that have previously been completed for Fire & Rescue Services. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes 93/455 Mayor London Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held concerning an Ordinance amending Sec. 6-68 (a) in. order to establish a time limitation on the initiation of disciplinary actions; 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 Freeman to read by title only. Motion carried unanimously. County Attorney, Randy Ludacer, 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. 033-1993 See Ord. Book No. 31 which is incorporated herein by reference. A Public Hearing was held concerning an Ordinance „✓i' amending Ordinance No. 031-1992 and Section 6-40, Monroe County Code; Providing that a Building Permit be required for each principal structure prior to construction; Providing for compliance with the Dwelling Unit Allocation Ordinance; Providing for expiration of building permits older than five (5) years; Providing for completion of structures which have received an approved framing inspection; Providing for declaration of Public Nuisance and requiring the completion or removal of principal structure(s) which have not received a Certificate of Occupancy within one (1) year of an approved framing inspection; Providing that the provisions of this Ordinance shall control over any inconsistent provisions of the Monroe County Code; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe Code; and Providing an effective date. County Attorney Randy Ludacer read by title only. There was no public input. Special Litigation Counsel, Jim Hendrick suggested the following changes be made in the proposed Ordinance: Page 2, Section 1. (b) add the additional category: Category New Application Fee Mobile Homes Exempt Page 3, Section 1. the second paragraph from the bottom 93/456 of the page: replace " (see Section (b) above) " with " (see Section (c) above) in the paragraph. Page 4, at the top of the page, replace "subsection (c) " with "subsection (d) " at the end of the paragraph. Page 4, paragraph 1, insert the words "for the first "required inspection", between the words "from either (1) " and "the date work was required to begin", and insert the words "for subsequent "required inspections", between the words "or (2) " and from the date of the last approved "required inspection", at the end of the paragraph. Page 4, paragraph 2, insert the words "final roofing" between the words "roof trusses/sheathing;" and "framing", in the paragraph. Page 4, paragraph 3 , replace "subsection (d) " with "subsection (e) , at the end of the paragraph. Page 5, at the top of the page, insert the word "Unsafe" between the words "Standard" and "Building Abatement Code" at the end of the paragraph. I Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to continue this item to the November 9, 1993, Board of County Commissioner's Meeting, 3 : 00 P.M. , at Old City Hall in Key West. Motion carried unanimously. A Public Hearing was held to consider a Budget Amendment to the Fine & Forfeiture Fund #101 for Fiscal Year 1994. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 392-1993 See Res. Book No. 118 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, and Special Litigation Counsel, Jim Hendrick, discussed the Land Development Regulations process and informed the Board of the upcoming public meetings being held by the Department of Community Affairs on November 2, 3, and 4, 1993 . Mr. Hendrick discussed the status the Florida Keys Marine v. Monroe County, DeCarion, Curry, Twin Harbors, Galleon Bay, and Kawama cases. Mr. Hendrick also discussed the status of � 93/457 the City of Key West' s Comprehensive Land Use Plan, and Monroe County's Comprehensive Land Use Plan. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval of the Parks and Recreation Board's recommendation to enter into a Lease with the Big Coppitt Volunteer Fire Department for the use of Lots 5 & 3, Block 4, Amended Plat of Coppitt Subdivision for the purposes of recreation and directing the County to prepare a Lease Agreement with the Big Coppitt Volunteer Fire Department. Motion carried unanimously. Mr. Herman discussed a letter that he received from the Department of Community Affairs concerning a proposed Memorandum of Agreement regarding Channel Marking and Dock Appeals. Motion was made by Commissioner Reich and seconded by Commissioner Harvey authorizing approval to execute the Memorandum of Agreement between Monroe County and the Department of Community Affairs, with the following amendments. Page 2, Section 2 . Channel Marking, add the words "as funding is made available by the State of Florida", at the end of the sentence in the paragraph. Page 2, Section 3 . Dismissal of Appeals, replace the 1 ; words "have approved" with the words "has reviewed an application for" in the paragraph. Page 3, at the top of the page, replace the words "has executed" with the words "is willing to" in the paragraph. 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. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to continue the following Agenda items to the next day's Board Meeting, October 20, 1993 : Agenda Item F1 County Administrator's Report. Agenda Item F4 Discussion concerning scheduling a Monroe County Commission - Management Staff Seminar to develop long range goals and objectives for providing public services in Monroe 93/458 County. Agenda Item F5 Consideration of amending the Monroe County Board of County Commissioners Administrative Policies to clarify the policy for verbally adding items to the regular meeting's agenda. Agenda Item F6 Discussion of changing the Monroe County Board of County Commissioners' December 1, 1993 , meeting date so as to not conflict with the Florida Association of Counties 1994 Legislative Conference to be held December 1-3, 1993. Agenda Item F7 Approval to execute a renewed Professional Services Order with PBS&J for general consulting professional services for the Smathers Beach Renourishment and White Street Pier Mitigation Projects. Agenda Item F8 Appointment to the Tourist Development Council. Agenda Item F9 Request for an exception to the Monroe County Code to allow temporary overnight RV camping on church property on November 14- 20, 1993 , in support of the Habitat for Humanity Upper Keys Blitz-Building project. Agenda Item F10 Approval for payment of itemized invoice/bill. Agenda Item I1 County Attorney's Report. Agenda Item I4 Request for payment of expenses and attorney's fees in the case of Nancy L. Snowman v. BOCC. Agenda Item I5 Resolution concerning federal unfunded mandates and supporting "National Unfunded Mandates Day. " Agenda Item I6 Resolution requesting the Chief 93/459 Judge to modify his administrative order concerning "venue" within the County by requiring all actions filed by or against Monroe County and other County governmental entities to be filed and tried in the County seat. Agenda Item I7 Report on Government-In-The- Sunshine Law. Agenda Item I8 Resolution of the Board of County Commissioner requesting the President of the United States to direct the Department of Defense to provide early detection coverage to the residents of the Florida Keys. Motion carried unanimously. There being no further business, the meeting was adjourned. ) Clerk to the Board of County Commissioners of Monroe County a9014.1. C. la1044 Deputy Clerk