Loading...
11/09/1993 Regular 93/483 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, November 9, 1993 Key West An Organizational Meeting of the Monroe County Board of County Commissioners convened at 10: 00 A.M. , with the Regular Meeting convening at 10:30 A.M. on the above date, at Old City Hall. Present and answering to roll call were Commissioners, Earl Cheal, Shirley Freeman, Wilhelmina Harvey, 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. ORGANIZATIONAL MEETING The Board proceeded with the selection of the Chairman and Vice-Chairman of the Board. Commissioner Freeman nominated Mayor Jack London as Chairman of the Board. Commissioner Harvey nominated Commissioner Cheal as Chairman of the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Cheal to close the nominations. Motion carried unanimously. The Board proceeded to ballot on the two nominees with the following results: Cheal Freeman Harvey Reich London Total London 2 1 2 1 1 7 Cheal 1 2 1 2 2 8 Pursuant to the Board's policy, the nominee with the lowest point total is selected. The Clerk announced that Mayor Jack London was elected as Chairman of the Board of County Commissioner's for the ensuing year. 93/484 The Board then proceeded with the selection of the Vice-Chairman of the Board. Commissioner Harvey nominated Commissioner Cheal. Mayor London nominated Commissioner Shirley Freeman. Motion was made by Commissioner Harvey and seconded by Mayor London to close the nominations. Motion carried unanimously. The Board proceeded to ballot on the two nominees with the following results: Cheal Freeman Harvey Reich London Total Cheal 1 2 1 1 2 7 Freeman 2 1 2 2 1 8 The Clerk announced that Commissioner Cheal was elected as Vice-Chairman of the Board of County Commissioner's for the ensuing year. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution designating Mayor and Mayor Pro-Tem for 1993-94. Motion carried unanimously. RESOLUTION NO. 450-1993 y See Res. Book No. 118 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution concerning signatures on warrants, legal documents and other necessary documents, etc. Motion carried unanimously. RESOLUTION NO. 451-1993 See Res. Book No. 118 which is incorporated herein by reference. There being no further business, the Organization Meeting was adjourned. REGULAR MEETING Mayor Jack London excused himself from the Meeting. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to approve Additions, Corrections and Deletions to the Agenda. Motion carried unanimously, with Mayor London not present. BULK APPROVALS Motion was made by Commissioner Harvey and seconded by 93/485 Commissioner Reich granting approval of the Parks and Recreation Board's recommendation to support the Board of County Commissioners' decision to seek appraisals and negotiate for the Tucker Property on Big Coppitt Key. Motion carried unanimously, with Mayor London not present. Mayor Pro-tem Cheal discussed a Park and Recreation Committee Meeting being held on November 22, 1993 at the Marathon Library at 6: 00 P.M. Motion was made by Mayor Pro-Tem Cheal and seconded by Commissioner Reich granting approval of the Parks and Recreation Board recommendation to support the Board of County Commissioners ' decision to seek appraisals and negotiate for the Allen Property in Marathon and recommendation to purchase the property. Motion carried unanimously, with Mayor London not present. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey directing Staff to pursue several options for the layout of the new park. Motion carried unanimously, with Mayor London not present. GROWTH MANAGEMENT Growth Management Director, Bob Herman and Special Litigation Counsel, Jim Hendrick, addressed the Board concerning the 4-foot dock rule cases and a Key Haven code enforcement case. Motion was made by Commissioner Reich and seconded by Commissioner Harvey directing Mr. Kirwan to defend the case of Key Haven Civic Association v. The Monroe County Code Enforcement Board. Motion carried unanimously, with Mayor London not present. Mr. Hendrick discussed the Florentino Gonzalez/Cook's Island case. The Board directed Mr. Hendrick to continue negotiations for the settlement of this case. Mayor London re-entered the Meeting. SOUNDING BOARD John Fuhrmeister addressed the Board requesting a variance from standard permitting procedures. Special Litigation Counsel, Jim Hendrick, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to defer this item until the afternoon. Motion carried unanimously. Patrick Knox addressed the Board concerning teaching tennis at Clarence S. Higgs Memorial Beach Tennis Courts. No official action was taken. 93/486 Jose M. Garcia, owner of J.M. Garcia, Inc. , General Contractor, addressed the Board, concerning the Peninsula at Key Largo Project. Growth Management Director, Bob Herman, and Special Litigation Counsel Jim Hendrick, addressed the Board. No official action was taken. Dante Capas, representing Diversified Services Company, Inc. , addressed the Board concerning sealed bids for janitorial services at the Monroe County Courthouse, the Monroe County Courthouse Annex and the Guardian Ad Litem Building. Public Works Director, Dent Pierce, addressed the Board. This matter was referred to Staff. Eddie Cerra, addressed the Board concerning Mr. Eugenio Fernandez ' letter dated November 3, 1993 , concerning his application in regards to his property located at Lot 35, Sunset Acres, Key Largo, Florida. Special Litigation Counsel, Jim Hendrick addressed the Board. No official action was taken. GROWTH MANAGEMENT A Public Workshop was held concerning an Ordinance 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 that 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 provision of this Ordinance shall control over any inconsistent provisions of the Monroe County Code; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and Providing an effective date. Growth Management Director, Bob Herman; Building Official, Herb Rabin; Marine Resources Director, George Garrett; and Planning Director, Lorenzo Aghemo, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey directing Staff to create a variance procedure to allow extension of building permits notwithstanding the literal provisions of Ordinance Nos. 031 and 032-1992 . Motion carried unanimously. Donald Craig, Bill Cullen, Eddie Cerra, Dona Merritt, and Walter Carson, President of the Florida Keys Contractor's Association, addressed the Board. 93/487 PUBLIC HEARINGS The continuation of a Public Hearing was held to consider an Ordinance 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 that 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 provision of this Ordinance shall control over any inconsistent provisions of the Monroe County Code; Providing for severability; Providing for the 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. John C. Fuhrmeister, Walter Carson, President of the Florida Keys Contractors Association; Dona Merritt, Bill Cullen, Robert P. Mullane, Eddie Cerra, and Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman approving the following Staff recommendation as Amended and Variance Procedure, to be placed in final form for the next Key Largo Public Hearing scheduled for November 29, 1993 . Said Amendment document titled Suggested additional changes to "Ordinance Amending Ordinance No. 0231-1992 and Section 6-40, Monroe County Code" and Variance Procedure are attached hereto and made a part hereof. 2 . Page 4, Section (e) , Paragraphs 1 and 2 : To Read Instead: Insert the words "as to the initial inspection, " between the words "measured from either (1) " and "the date the work was" and "as to inspections subsequent to the initial inspecting" between the words "to begin, or (2) " and "from the date of" in the paragraph. Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Commissioner Harvey directing the Building Department to extend Mrs. Miriam Rivera's Permit "91-1-3746 for one (1) year. Motion carried unanimously. A Public Hearing was held concerning the adoption of the Resolution renouncing and disclaiming any right of the County and the Public in and to a portion of Jolly Roger Drive, Jolly Roger Estates, Little Torch Key, Monroe County, Florida. There REVISED 93/488 was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Resolution. 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. Public Works Director, Dent Pierce, addressed the Board. RESOLUTION NO. 452-1993 See Res. Book No. 118 which is incorporated herein by reference. A Public Hearing was held to consider the adoption of an Ordinance creating Chapter 2 .4, Monroe County Code, in order to provide for definitions; Providing that a five percent preference for local business enterprises may be given by the County Commission in the award of Contracts for the purchase of goods, services, or construction of capital improvements, above the bid of the lowest nonlocal responsible bidder; Providing for exceptions; 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. Bill Smith, President of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to continue to the next scheduled Public Hearing. Motion carried unanimously. COMMUNITY SERVICES DIVISION Community Services Director, Peter Horton; Architects Wayne Jessup and Sienna Leon; Michael Miller, David Ethridge, Bill Smith, President of the Florida Keys Contractor's Association; and Bud Caldwell of Volkert and Associates, addressed the Board concerning the evaluation of a suggested alternative airport design for the Key West International Airport as presented by Architects Wayne Jessup and Sienna Leon at the Board meeting of September 7, 1993 . Motion was made by Mayor London and seconded by Commissioner Harvey directing the airport Architects to come back with renderings reflecting the Art Deco or other Caribbean Designs, and designs that reflect the ambiance of Key West. Roll call vote was taken with the following results: 93/489 Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. COMMISSIONERS' ITEMS Monroe County School Superintendent, Dr. Robert Walker, and Growth Management Director, Bob Herman, discussed a Sugarloaf School site. Motion was made by Mayor London and seconded by Commissioner Freeman directing Staff and the County Attorney to come back with recommendations as to how the County can help the Monroe County District School Board realize its' goals in reference to siting of schools. Roll call vote was unanimous. GROWTH MANAGEMENT Attorney Ralph Brooks, representing Monroe County and Planning Director, Lorenzo Aghemo, addressed the Board concerning an Appeal filed by Si and Rebecca Stern and Dr. Barry Jacobs of the decision by the Director of Planning granting a variance to Article III - Noise Control; Monroe County Code to Omega Sector, Inc. , for the property described as State Road 4A, Section 14, Township 67S, Range 27E, Lower Sugarloaf Key. The following individuals addressed the Board: Tom Moore, Dr. Barry Jacobs, Donald Craig of The Craig Company and representing Omega Sector, Inc. ; and Colette Hailey, representing Omega Sector, Inc. . Tom Moore and Dr. Barry Jacobs offered their rebuttal. Attorney Ralph Brooks; movie producer Stephanie Austin, Director Lorenzo Aghemo: and Code Enforcement Director, Mary Arnold, addressed the Board. Motion was made by Mayor London and seconded by Commissioner Reich to uphold the Director of Planning's recommendation, with the following Project Modifications and Conditions as submitted by the applicant and subject to a review of the insurance provisions. Said Project Modifications and Conditions are attached hereto and made a part hereof. Section 1. Replace the word "Patch" with the word "Seigal" and insert the words "as described ) on Department of Environmental Protection (DEP) Permit #442381795 as may be amended" between the 93/490 words "from the Seigel property" and "and will result in" in the same paragraph. Roll call vote was unanimous. Growth Management Director, Bob Herman, Jim Smith of the South Florida Water Management District and County Administrator, Tom Brown, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Resolution to enter into an Agreement with the South Florida Water Management District for funding to complete portions of a stormwater master plan. During discussion, Commissioner Cheal offered the following Amendment: Page 2 Add the words "WHEREAS, the Florida Keys have been designated an area of Critical State Concern, " insert the words "address the adequacy of present stormwater management controls with specific review of the impacts of US#1 and" between the words "The purpose of the agreement will be to" and "develop portions of the Monroe County Stormwater Master Plan, " and deleting the words "as reflected herein; " at the end of the sentence. The maker of the motion accepted the Amendments and they became part of the original motion. Motion carried unanimously. RESOLUTION NO. 453-1993 See Res. Book No. 118 which is incorporated herein by reference. ENVIRONMENTAL MANAGEMENT Environmental Management Director, Barry Boldissar, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting authorization to execute a Restated Agreement between Monroe County and Waste Management, Inc. , for the processing, hauling and disposal of Monroe County Solid Waste. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman No Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. Commissioner Cheal excused himself from the meeting. 93/491 PUBLIC HEARING A Public Hearing was held concerning a Budget Amendment for the Law Enforcement Trust Fund #600, Fiscal Year 1993 . There was no public input, Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Resolution. Motion carried unanimously, with Commissioner Cheal not present. RESOLUTION NO. 454-1993 See Res. Book No. 118 which is incorporated herein by reference. PUBLIC SAFETY DIVISION Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting authorization to execute an Agreement between Monroe County and Miami Audio-Visual Company, Inc. concerning the Marathon EOC/BOCC Audio Visual System project. Motion carried unanimously. GROWTH MANAGEMENT Growth Management Director, Bob Herman, discussed the 4-foot dock rule and updated the Board on permitting of Sugarloaf Sound Channel Markers. No official action was taken. Growth Management Director, Bob Herman, discussed the Land Development Regulations and Comprehensive Plan adoption process. No official action was taken. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of a Subgrant Award Acceptance and Agreement with the Department of Community Affairs for the receipt of $98, 183 . 00 for the Cesspool Identification and Elimination Project. Motion carried unanimously, with Commissioner Cheal not present. RESOLUTION NO. 455-1993 See Res. Book No. 118 which is incorporated herein by reference. There being no further business, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County zOoctlAti C. C.44,6?"4-14) Deputy Clerk • ` _I Suggested additional changes to "Ordinance Amendin No. 031-1992 and Section 6-40, Monroe County Code" g Ordinance 1. Page 2 , Paragraph 3 : Change "GMD" to "Growth Management Divi- sion" 2 . Page 4, Section (e) , Paragraphs 1 and 2 : Mange from; 'The only method by which "timely valid progress" of author- ized work may be shown is through "the Building having performed and approved a �� Department with- in 120 days measured from either )u the date u wok was re- quired to begin, or (2) from the date of the last approved Lrequired inspectypn" , , A n ig d r i h ' . highliga- card. ' TQ_ Read rnstea 'The only method by which "timely valid progress" of author- ized_ work may be shown is through the Building Department having performed and approved an ingu _rtan_which is ha ah- 1 within 120 days measured from either (1 P the date work was required to begin, or (2) from the date of the last approved .e lion whi c was higlaii hich i Display P r rant 2d. . . ' d• a� ALt1e i 1 3 . Page 4, "EXCEPTION" Section; Chace ro fm„i j n 'Unless specified otherwise by a current, valid development order, under no circumstances shall a building permit .for a er'r,d of arpa+-e,� than f v Ahal�,____exc5irc aFta;- th ,i Pears. .Np b ui-1 ina em w st1 ct re fnr which as rt�c .yed an auriro a ihq. ala ' fr mi 'Unless specified otherwise by a current, valid develo order, under no circumstances shall a building pment iv g permit tex - ha nofui]di mit e erth a ur �g _ f � ism$ hap I I 1 1 4. Page 6, Section 5 : alsIDS1_40111 Taug__Qaljaasiaze_talagt jam. after ..the__esdagz. tiy_a_asupp_sg,L_Q=Ltnan T.Q.JingLinatgalL in n d offie.2.L. ORD. 05A/TXTADAMS • • I Page 2 -• - VARIANCE The Board of County Commissioners may, upon application and public hearing, grant a variance to the limitations set forth in this Ordinance, upon demonstration and finding that due to one of the following conditions, the literal enforcement of the provisions of this Ordinance would constitute a severe and undue hardship upon the permit holder: 1) Death or incapacity of an owner or immediate family member of the owner; or 2) Destruction of the permitted improvements, or of no less than 50% of the value of the permitted improvements, by act of God or hazard (e.g. fire, windstorm, flood) . 3) Work stoppage due to bankruptcy of an owner or construction lender or due to an order issued by a government agency, when the order did not result from the owner's or builder's violation of a law, code, regulation, or condition set forth in a permit or development order. The relief granted by variance shall be limited to a time extension, not to exceed one year, and shall be further limited to the minimum extension necessary to obviate the demonstrated hardship. OMEGA SECTOR SOUND VARIANCE PROJECT MODIFICATIONS AND CONDITIONS The following project modifications and additional conditions are necessary for environmental compliance and scheduling of film production and have been agreed to by Omega Sector: 1. Movie production will occur on selected dates from November 16 through December 18, 1993. The discharge of firearms and other simulated explosives will occur on the Patch property primarily within a 10 day period to be set within these dates. Simulated miniature explosions will occur at a distance of 650' offshore from the Patch property and will result in noise of a few seconds in duration and will occur between the hours of 11:00 a.m. to 4:00 p.m. Omega Sector shall notify the public of the specific dates and times of simulated explosions and use of firearms by posting a schedule on site and within the period of this variance by notifying persons who have contested this variance by telephone in advance prior to occurrence. All neighboring property owners who wish to be notified shall register their names and telephone numbers with the Monroe County Planning Department. 5. The warehouse building shall not be exploded. 6. At all times during filming of special effects and explosions, Monroe County Fire Department personnel shall be on-site. 7. All debris from special effects and explosions shall be contained on-site, collected and disposed in accordance with applicable federal, state and local statutes and regulations. 8. No fixed-wing aircraft shall be used at the Patch property, however, helicopters shall be permitted. �_, 9. All construction at the Patch property shall occur during daylight hours. 10. An all-risk insurance policy of $5,000,000.00, naming Monroe County as an additional insured, shall be required. 11. No production shall occur on the Thursday of Thanksgiving, November 25, 1993. 12. The building constructed on the Patch property shall be removed by January 31, 1994. 13. Omega Sector shall obtain a fireworks permit for simulated explosions. 14. All explosions shall take place at, or originate from the ground or ground level. i 2