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04/02/1991 Regular UU 135 Regular Meeting Board of County Commissioners Tuesday, April 2, 1991 Key West . A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Lions Club in Key West. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Also present were 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. ADDITIONS, CORRECTIONS, DELETIONS The County Administrator advised that Agenda Item D-2 (regarding lease agreement for County use of San Pablo Church property for public recreational facilities) and Agenda Item E-2 (DER Report regarding unauthorized struc- tures constructed adjacent to Card Sound Road Causeway) would be continued to the next meeting. COMPREHENSIVE PLAN Mark Rosch addressed the Board. He advised that negotiations were progressing with Wallace Roberts & Todd, Consultants, for the Comp Plan and that the goal was to pre- sent a proposed contract to the Board at their April 23rd meeting. After discussion by the Board, a letter was pre- sented from the Consultants advising that they had no plan to incorporate the services of Donald Craig as part of their team for the Monroe County Comprehensive Plan. Mayor Harvey presented a letter from the Florida Department of Community Affairs indicating their Statement of Intent to find the Comprehensive Plan not in compliance. The Board directed Bob Herman, Growth Management Division Director, to prepare a letter for the Mayor's signature to DCA advising that Monroe County is interested in discussing a compliance agreement and the ways in which they can accom- modate us, requesting their consideration during negotiation time with the new consultants, and expressing appreciation of their offer for co-funding. -- DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman and the Board entered into a discussion regarding setbacks related to man-made boat slips in IS Subdivisions. Ken Metcalf of DCA addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner London that it is the policy of the Board of County Commissioners that 9.5-286 is to be applied in context of the status of the property and development UU 1 ~ 6 request at the time of application, considering circumstan- ces of the development request so as not to impinge upon or diminish a community standard of setback requirement of twenty feet at any time without variance. During discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone this matter 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 No No No Motion failed. After further discussion, roll call vote on the original motion was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. Consent Aqenda Boundary Determination Lorenzo Aghemo, Planning Director, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt a Resolution con- firming the action of the Planning Director denying the request to re-draw the existing boundaries in Land Use District Map Boundary Interpretation Number 70, Lot 4, Block 31, Maloney Subdivision, Stock Island, Monroe County, Florida, approximately Mile Marker 5, and to amend the cap- tion and language in Section 1 appropriately to change the words "administrative decision" to the word "action" of the Planning Director. Roll call vote was unanimous. Motion was then made by Commissioner Stormont and seconded by Commissioner Jones to reconsider this matter. Roll call vote was unanimous. Carolyn and Ed Braswell addressed the Board. Motion was then made by Mayor Harvey and seconded by Commissioner Jones to adopt the appropriate Resolution that would approve the boundary determination. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes No No Yes Motion failed. After further discussion, motion was made by Commissioner London and seconded by Commissioner Jones to refund the $250.00 application fee to Carolyn and Ed Braswell. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes UU 1 3 7 Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner London to adopt the following Resolution overturning the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 65, Lots 1, 2, 3, and 4, Block 1, and Lots 1, 2, and 3, Block 19, Breezeswept Beach Estates, Ramrod Key, Monroe County, Florida, approximately Mile Marker 27, but to amend said Resolution to delete Sub- paragraph 1 and re-state to read "The recommendation of the Planning Director is overturned as being inconsistent with Land Development Regulations." 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. RESOLUTION NO. 080-1991 See Res. Book No. 98 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Resolution overturning the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 66, Part of Government Lot 3, Section 14, Township 67S, Range 27E, and part of Government Lot 1, Section 15, Township 67S, Range 27E, Sugarloaf Key, Monroe County, Florida, approximately Mile Marker 16, but to amend said Resolution to delete Sub- paragraph 1 and re-state to read "The recommendation of the Planning Director is overturned as being inconsistent with Land Development Regulations." Roll call vote was unani- mous. RESOLUTION NO. 081-1991 See Res. Book No. 98 which is incorporated herein by reference. COUNTY ADMINISTRATOR Henry Naubereit, Translator System Consultant, addressed the Board. Motion was made by Mayor Harvey and seconded by Commissioner Jones to approve advertising for the upgrading of the Grassy Key Translator Tower. During discussion, the motion was withdrawn. Motion was made by Commissioner Jones and seconded by Mayor Harvey to place on the Agenda as Item G-7 the request for approval to advertise for the upgrading of the Grasiy Key Translator Tower. Roll call vote was unanimous. Motion was then made by Mayor Harvey and seconded by Commissioner Jones to approve adver- tising for the upgrading of the Grassy Key Translator Tower. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes UU "138 Motion carried. After discussion by Mr. Naubereit, motion was made by Mayor Harvey and seocnded by Commissioner Jones to accept Staff's recommendation that the Key West Translator Tower not be upgraded. Roll call vote was unanimous. Mr. Naubereit and Don MacCullough, General Manager of WLRN-FM, addressed the Board regarding WLRN-FM Public Radio Service's request to utilize Translator Towers. After discussion with the Board, motion was made by Mayor Harvey and seconded by Commissioner London that WLRN-FM be per- mitted to come into Monroe County and utillize Translator Towers and proceed under the guidance and authority of the County Engineer to coordinate the costs of this process, subject to the County Attorney's advice as to the legality thereof. 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. The Board recessed for lunch. * * * * * SOUNDING BOARD Mike Hunt addressed the Board and presented a paper entitled "Social and Commercial Neighbors - Monroe County and an Open Cuba." After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Resolution requesting the Governor of the State of Florida to reconstitute a commission to study the effects on the State of Florida which could result from an open and/or free Cuba. Roll call vote was unanimous. RESOLUTION NO. 082-1991 See Res. Book No. 98 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Frank Butler of Post Buckley Schuh & Jernigan addressed the Board regarding the Shore Protection Project (Smathers Beach). Motion was made by Commissioner Jones and seconded by Mayor Harvey to adopt the following Resolution committing Monroe County to be the local sponsor for the Key West (Smathers Beach) Beach Restoration Project, and to for- ward a copy of said Resolution with a letter from the Mayor to the Jacksonville District of the U. S. Army Corps of Engineers, said letter naming Dr. Elliott Tyler as the Project Coordinator, and attaching Enclosure 2 setting out "Items Of Concern To The County". Roll call vote was unani- mous . RESOLUTION NO. 083-1991 See Res. Book No. 98 which is incorporated herein by reference. UU139 Motion was then made by Commissioner Stormont and seconded by Commissioner Jones that the Commission direct that appropr~ate Beach Authority budget structure be formulated with the currently allocated funds from the Tourist Development Council to be transferred into that as the fund commitment to this point. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton and County Attorney Randy Ludacer addressed the Board regarding mangrove and other vegetation cutting at the Key West International Airport to meet State and Federal standards. Lenwell Bivens, Aviation Program Administrator for DOT, District 6, also discussed this matter. The following persons then addressed the Board: David Paul Horan, George Halloran, Jim Robinson, Ross McKee, Daniel McClure, Ernst Barcher, Herbert Walker, Rob Kunkle, Joel Beck, Joan Borel, Henry Morgenstern. Mr. Horton then spoke to the Board again and advised that progress reports would continue to be made regarding this matter. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Section 9.5-21, Monroe County Code, in order to provide that appeals to the Board of County Commissioners of Planning Commission appellate decisions concerning: the Planning Director's decisions on impact fees, determinations of administrative officials, and variances, shall be heard at least once a month in the Marathon area on day(s) to be determined by motion of the Board of County Commissioners; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incor- poration 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 Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. The Board continued to the next Public Hearing. --- A Public Hearing was held on a proposed Ordinance creating Section 6-31, Monroe County Code, in order to clarify what types of work require building permits; pro- viding that certain types of normal maintenance and repair work, construction work within minimal value, and work undertaken by Monroe County do not require building permits; amending Section 6-41(A), Monroe County Code, in order to provide that the permit fee for work begun without a permit shall be $250.00 or 10% of the value of the already completed work, whichever is greater; amending Section 6-41(E), Monroe County Code, in order to require that a demolition permit be obtained to remove construction built without a permit if the construction is not permittable under the Monroe County Code; creating Section 6-44, Monroe County Code, which provides for the procedures to be followed when work is concealed prior to inspection; repealing Section 6-124, Monroe County Code, regarding the issuance of electrical permits; repealing Section 6-125, Monroe County Code, regarding the application for electri- cal, heat, and power permits; repealing Section 6-126, Monroe County Code, regarding the fees for such permits; repealing Section 6-133, Monroe County Code, regarding work concealed prior to inspection; amending Section 6-134, UU1 40 Monroe County Code, in order to provide that the fee for reinspection of electrical work shall be set by County Commission Resolution; amending Section 6-147, Monroe County Code, in order to remove the prohibition on temporary electrical wiring remaining in place more than 60 days after a building permit is issued, providing that a temporary electrical permit is good as long as the job is in progress, defining lIin progress,1I providing that a temporary electri- cal permit may be terminated without notice if used in violation of Chapter 9.5, Monroe County Code; repealing Section 6-207, Monroe County Code, regarding the schedule of fees for gas permits; providing for severability; providing for repeal of all Ordinances in conflict herewith; providing 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. Bill Smith, Executive Director of the Florida Keys Contractors Association, addressed the Board. After discussion, the Board continued to the next Public Hearing. DIVISION OF COMMUNITY SERVICES Representatives of Volkert & Associates addressed the Board and presented a plan to consolidate Phases One and Two of the proposed terminal renovation and expansion at the Key West International Airport. Division Director Peter Horton, County Administrator Tom Brown, and DOT Grants Administrator Lenwell Bivens addressed the Board. The following persons also addressed the Board: Tom Styer and Barbara Staryk of Marathon; Gerry Tinlin, President of the Key West Hotel and Motel Association; Pam Koss, Director of the Key West Chamber of Commerce. Mr. Horton presented the Board with a Financial Plan for combining Phases One and Two of the KWIA Terminal. After lengthy discussion, motion was made by Commissioner Jones and seconded by Commissioner Stormont to approve consideration of Phases One and Two of the proposed terminal renovation and expansion at the Key West International Airport, to adopt Financial Plan B as presented to accomplish this, and to remove the Marathon T-Hangar project from the current Airports Capital Improvement Plan. Roll call vote was unanimous. Mr. Horton and Pat Rebull addressed the Board and presented the Key West International Airport Part 150 Study, Volume 2, Noise Compatibility Program. The following per- sons also addressed the Board: David Paul Horan, attorney representing owners of the Island City Flying Service; Dan McClure; James Robinson on behalf of Last Stand; and Pam Koss on behalf of the Key West Chamber of Commerce. After discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to postpone submission of this Study until FAA has come down with further recommendations. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes No No Yes Motion failed. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to send the Key West International Air90rt Part 150 Study, Volume 2, Noise Compatibility Program, forward to the Federal Aviation UU 1 4 1 Administration for review and evaluation and incorporating Commissioner Stormont's recommendations set out in his memorandum dated March 20th (correcting Pages 4 and 5 of said memorandum to change IIMarathon Airportll to IIKey West Airportll). Roll call vote was unanimous. Mr. Horton and Pat Rebull, Engineer of record for Post Buckley Schuh & Jernigan, addressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve the final site plan for the 406-space Key West International Airport parking lot. Roll call vote was una- nimous with Commissioner Stormont not present. After discussion by Airport Director Art Skelly and Pat Rebull, motion was made by Commissioner Cheal and seconded by Commissioner Jones to accept Staff's recommen- dation to approve and authorize execution of Change Order No. 2 to the Marathon Airport Aircraft Parking Apron contract with General Asphalt Company, Inc. showing a decrease of $59,111.20 and an increase of sixty calendar days, and also to authorize Final Payment of $151,671.85. Motion carried unanimously. BOARD OF APPEALS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Resolution denying the appeal by Volume Shoe Corporation of the Planning Commission's decision to deny a variance to the requirements of the Monroe County Sign Ordinance. Motion carried unanimously. RESOLUTION NO. 084-1991 See Res. Book No. 98 which is incorporated herein by reference. COUNTY ADMINISTRATOR After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Resolution stating the Board's position formally opposing the proposed legislation, Senate Bill 496, amending Section 336.41 F.S. concerning utilization of voted and local option gas taxes for County road and bridge construc- tion. Motion carried unanimously with Commissioner London not present. RESOLUTION NO. 085-1991 See Res. Book No. 98 which is incorporated herein by reference. County Administrator Tom Brown addressed the Board regarding the proposed Monroe County Summit Budget Workshop~ After discussion, motion was made by Commissioner Cheal and seconded by Mayor Harvey to direct the Administrator to coordinate the Summit Budget Workshop and to draft letters of invitation for the Mayor's signature. Motion carried unanimously. The Board discussed the request from Fishermen's Hospital to trim mangroves infringing on their heliport. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to empower the County Administrator to coordinate with Fishermen's Hospital and assist them if possible. Motion carried unanimously. I UU 1 4 2 MISCELLANEOUS Jim Hendrick addressed the Board regarding the appeal of the Order concerning Seanic Corporation v. Monroe County. The Board thanked Mr. Hendrick for his efforts and assistance in the matter. The Board instructed the County Attorney to draft a memorandum to be sent to all department heads regarding the proper procedures to be used in litigation. COUNTY ADMINISTRATOR The County Administrator reported on his trip to the Cultural Affairs Councils of Broward and Dade Counties on February 26th. After lengthy discussion, motion was made by Commissioner Cheal and seconded by Commissioner Stormont to direct the County Administrator to formalize a reorgani- zation of the Fine Arts Council and present recommendations of staffing under the Administrator and render a proposal as to how we can maximize use of Tourist Development Council funds to support the Fine Arts Council. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. There being no further business, the meeting was adjourned. * * * * *