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03/12/1991 Regular UU 1 0 3 Regular Meeting Board of County Commissioners Tuesday, March 12, 1991 Key Colony Beach , A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Commissioner Douglas Jones arrived after the roll call. Also present were Danny Kolhage, Clerk; Rosalie Connolly, 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. DIVISION OF GROWTH MANAGEMENT Environmental Resources Eric Hughes of the Atlanta office of the United States Environmental Protection Agency addressed the Board and made a slide presentation regarding the Advanced Wetlands Identification Program (ADID Program). George Kundtz, Acting Chairman of the Florida Keys Citizens Coalition, and George Schroeder of Key Largo addressed the Board. After lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner London to approve Monroe County as local sponsor of the Advanced Wetlands Identification (ADIO) Program. Motion was made by Commissioner Cheal and seconded by Commissioner London to amend the previous motion to insure that our restrictions regarding wetlands need to be integrated into this eva- luation process. Roll call vote on the motion to amend was unanimous. Roll call vote on the motion as amended was una- nimous. Dr. Brian Lapointe, Director of Marine Conservation of the Florida Keys Land and Sea Trust, addressed the Board and made a slide and video presentation concerning water quality. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to accept the Final Report entitled "Spatial and Temporal Variability in Trophic State of Surface Waters in Monroe County during 1989-1990" from the Florida Keys Land and Sea Trust and also to approve Final Payment to the Florida Keys Land and Sea Trust in the amount of $18,750.00. Roll call vote was unanimous. I""-*- COMPREHENSIVE PLAN Representative teams of the following firms addressed the Board, made presentations and answered questions regarding their qualifications as consultants for completion of the Comprehensive Plan: UU 1 0 4 Wallace Roberts & Todd Icard Merrill Cullis Timm Furen & Ginsburg Reynolds Smith & Hills Motion was made by Commissioner Cheal to continue to the next meeting in order to give Staff and others a chance to more thoroughly research references and other input regarding the respondents to the RFP. Motion died for lack of a second. The Board then announced that selection would be made by ranking all firms according to a point system, reflecting the Number One selection to receive the Number One vote, and thus the successful firm would be that one with the lowest point total. The Board proceeded to ballot with the following results: -.... Cheal Jones London Stormont Harvey Total Icard 3 I 2 2 I 9 Reynolds 2 3 3 3 3 14 Wallace I 2 I I 2 7 The Deputy Clerk announced the results of the tabulation which named Wallace Roberts & Todd as the successful firm chosen to complete the Comprehensive Plan. Motion was made by Commissioner London and seconded by Mayor Harvey to authorize Staff to enter into contract negotiations with the firm of Wallace Roberts & Todd. Motion carried unanimously. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent. SOUNDING BOARD Vernon Julson made a presentation to the Board regarding a complaint by citizens concerning the Sunrise Sea House Bed & Breakfast at 39 Bay Drive on Bay Point. Ted Hoversen, Betty Collins and Priscilla Morse also addressed the Board. After lengthy discussion, the Board referred this matter to the County Administrator for immediate action. COUNTY ADMINISTRATOR Lavonne Wisher of Public Financial Management, Inc., the County's Financial Consultant, addressed the Board and summarized the results of the Request For Proposals for all services related to the re-funding of the Monroe County Municipal Service District Refunding Revenue Bonds, Series 1991 Issue. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Stormont that Merrill Lynch Capital Markets be appointed the Investment Banker. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to accept Staff's recommendation to award the low --- UU105 bids to Citizens & Southern Trust Company as the Paying Agent, Registrar & Escrow Agent; to Deloitte & Touche as the Verification Agent; and to Allied Printing as the Printer. Roll call vote was unanimous. Motion was then made by Mayor Harvey and seconded by Commissioner London to adopt the following Resolution providing for the advance refunding of the outstanding Refunding Improvement Bonds, Series 1985, of the Monroe County Municipal Service District; authorizing the issuance of not exceeding $11,OOO,OOO Refunding Improvement Bonds, Series 1991, to finance the cost thereof, providing for the payment of the Bonds from special assessments levied against benefited property in the County and certain other funds of the District; making certain covenants and agreements in connection therewith; and pro- viding an effective date. Roll call vote was unanimous. RESOLUTION NO. 061-1991 See Res. Book No. 98 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to accept Staff's recommendation to approve Schifino & Fleischer, P.A. as the Underwriter's Counsel. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held concerning the proposed closing of, by way of a locked gate, Old State Road 90S just south of the entrance of Ocean Reef off C90S, Key Largo, Monroe County (continued from February 19th). Proof of publication was entered into the record. After discussion with the County Attorney, motion was made by Commissioner Stormont and seconded by Commissioner Jones to postpone until additional information could be gathered. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Section 2-4S8(9), Monroe County Code, in order to delete the subparagraph concerning auto liability, general liability and medical malpractice risks of Fire and Ambulance operations, in order to include such iability in the Risk Management; providing for severability; providing for repeal of all Ordinances inconsistent herewith; pro- viding for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to insert the effective date of March 13, 1991 on Page One and to then adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 00S-1991 See Ord. Book No. 26 which is incorporated herein by reference. COUNTY ADMINISTRATOR Jose Gonzalez made a presentation of the Work and Cost Proposal for the Monroe County Comprehensive Facilities Planning Study on behalf of CGA Management Services, Inc. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Stormont to postpone this matter to UU 1 06 the next meeting. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No No Yes Yes --- Motion carried. Ron Roche and Diane Martin of The Solid Waste Group made a presentation of a Comprehensive Volume-Based Solid Waste Management Report-Plan for Monroe County. The Board and the County Administrator entered into a discussion with Mr. Roche and Ms. Martin. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to accept the County Administrator's recommendation to refer this matter to the Solid Waste Task Force and the new Director of the Municipal Service District for consideration and a report back to the Board with a combined recommendation. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. * * * * * BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals and considered the appeal by Volume Shoe Corporation of the Planning Commission's decision to deny a variance of the Sign Ordinance on property located on part of Government Lot 2, Section II, Township 66S, Range 32E, Key Vaca, Monroe County, Florida. Franklin Greenman, attor- ney for Volume Shoe Corporation, addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to deny the appeal and uphold the Planning Commission's decision as the appellant failed to show an error at the Planning Commission level. Roll call vote was unanimous. * * * * * DIVISION OF GROWTH MANAGEMENT Environmental Resources Motion was made by Commissioner Jones and seconded by Commissioner London to approve initiation of an RFQ for an eutrophication study under a grant received from the Department of Environmental Regulation, Office of Coastal Management. Roll call vote was unanimous. Planninq Motion was made by Commissioner Jones and seconded by Commissioner London to approve, in concept only, a Lease Agreement with the Florida Department of Transportation for UU 1 0 7 a Lower Matecumbe Key County Park. Roll call vote was una- nimous. Motion was made by Commissioner Jones and seconded by Commissioner London to approve and authorize execution of a Rental Lease Agreement with Modulaire for trailer/office space in the amount of $263.00 per month for the Comprehensive Plan Team. Motion carried unanimously. Division Director Bob Herman discussed a policy determination of the one-year period the Twin Harbors major development had to initiate the project. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to authorize a letter to be sent to the Department of Community Affairs concerning Item No. II of the Agreement, that the Board considers the Agreement to have been breached due to: a) Mr. Bradshaw's letter not being executed by the County; and b) County considers October S, 1988 as the date which triggered the clock under which development was required to pro- ceed within the context of the major development time frames. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone to the next meeting. Roll call vote on the motion to postpone was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes Motion carried. Lorenzo Aghemo, Planning Director, addressed the Board. He recommended that the Board select an alternative which would have the Board become involved with the DCA in the negotiation processes and become a party to any Settlement Agreement. Motion was made by Commissioner London and seconded by Commissioner Jones to approve this Staff recommendation. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner London to approve Agenda Items C-7 through C-II. During discussion, the motion was withdrawn. -- Motion was made by Commissioner Cheal and seconded by Commissioner Jones to request the Housing Authority to provide costs that will be included as part of the Agreement regarding Emanuel Micelli and Robert Petri and to adopt the following Resolution authorizing the Mayor to execute on behalf of Monroe County, Florida, a Joint Agreement, as amended by the Board of County Commissioners, in the appeal by the Department of Community Affairs of Monroe County Building Permit No. 903000076S issued to Emanuel Micelli and Robert Petri. Roll call vote was unanimous. UU 1 0 8 RESOLUTION NO. 062-1991 See Res. Book No. 98 which is incorporated herein by reference. Motion was then made by Mayor Harvey and seconded by Commissioner Jones to authorize Staff to negotiate an Interlocal Agreement with the Monroe County Housing Authority which would have them oversee affordable housing projects and to provide costs that will be required of all future applicants. Roll call vote was unanimous. Motion was made by Mayor Harvey and seconded by Commissioner London to adopt the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, Florida, an Agreement between the Florida Department of Community Affairs, Monroe County and James Moore and Four Star Builders concerning Lots 6 through II, Block 17, Sands Subdivision, Big Pine Key, Florida, approximately Mile Marker 31. Roll call vote was unanimous. RESOLUTION NO. OG3-1991 See Res. Book No. 98 which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Mayor Harvey to adopt the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, Florida, an Agreement between the Florida Department of Community Affairs, Monroe County and Tarmac Florida, Inc. and CBT concerning the Big Pine Quarry, located at Mile Marker 32.S, Big Pine Key, Florida. Roll call vote was una- nimous. RESOLUTION NO. OG4-1991 See Res. Book No. 98 which is incorporated herein by reference. Motion was made by Mayor Harvey and seconded by Commissioner London to adopt the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, Florida, an Agreement between the Florida Department of Community Affairs, Monroe County and Tarmac Florida, Inc. and CBT concerning the Cudjoe Key Quarry, located on State Road at Mile Marker 21.5, Cudjoe Key, Florida. Roll call vote was unanimous. RESOLUTION NO. 06S-1991 See Res. Book No. 98 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, Florida, an Agreement between the Florida Department of Community Affairs, Monroe County and Ronald Gilman and Stuart Marr for property located in Government Lot 2, Section 27, Township GIS, Range 39E, at Mile Marker IOI.S, Key Largo, Florida. Roll call vote was unanimous. RESOLUTION NO. 066-1991 See Res. Book No. 98 which is incorporated herein by reference. Buildinq Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to accept Staff recommendation to UU 1 0 9 establish a policy which assesses all costs related to the condemnation, demolition and removal of debris to the pro- perty owner; and to authorize the County Administrator to incur all non-budgeted related costs involved in accomplishing this task using appropriate County personnel or local contractors. Roll call vote was taken with the following results: ......- Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. The Board proceeded with an appointment to the Contractors Licensing Board. Commissioner Stormont nomi- nated Michael A. Padron. Commissioner London nominated Fred Salinero. The Board proceeded to vote on the nomination of Mr. Padron with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No No No No Nomination failed. The Board then proceeded to vote on the nomination of Mr. Salinero. Roll call vote on the nomina- tion was unanimous. Vincent Drost addressed the Board concerning problems with the Comprehensive Land Use Plan. There being no further business, the meeting was adjourned. * * * * *