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06/25/1991 Regular VV071 Regular Meeting Board of County Commissioners Tuesday, June 25, 1991 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Monroe County Library in Key Largo. 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 Danny 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. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board regarding the various options for the Planning Department Application Fee for appeals. Motion was made by Commissioner London and seconded by Commissioner Jones to continue with the existing charges, but to add the cost of -- copying associated with appeals. Roll call vote was unani- mous. Motion was then made by Commissioner Jones and seconded by Commissioner London to adopt 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 Earl and Mary Dawson concerning Lot 19, Block 19, Plantation Key Colony, approximately Mile Marker 90, Monroe County. Roll call vote was unanimous. RESOLUTION NO. 215-1991 See Res. Book No. 100 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to postpone and refer to the County Attorney for analysis and recommendation the matter of a proposed Resolution reaffirming the Board's approval of the Planning Commission's Development Order #32-89 which allows specific additions to Smugglers Inn d/b/a Seaward Motel, Key Vaca. Roll call vote was taken with the following results: - Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No No Motion carried. Environmental Resources Director George Garrett addressed the Board concerning the responses to the Request For Qualifications for an Eutrophication and Trophic VV072 Structuring in Marine Plant Communities in the Florida Keys Project. The Board agreed to direction to Staff Committee to rank the qualified applicants and present their recommen- dations to the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to hear presen- tations from the two most qualified firms, to be allocated ten minutes each. Roll call vote was unanimous. The Board discussed a Grant Application to the U.S. Environmental Protection Agency and the "Draft Scope Of Work". The Board directed that the following amendments be made thereto: Page 2 Rationale: Line 10 - Place a "period" after "COE" and delete the rest of the sentence. Page 8 Goals and Objectives: Line 5 - Place a "period" after the word "guidelines" and delete the rest of the sentence. Motion was then made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution authorizing the submission of a Grant Application to the U.S. Environmental Protection Agency for program assistance for environmental wetlands identification and mapping, as amended above. Roll call vote was unanimous. RESOLUTION NO. 216-1991 See Res. Book No. 100 which is incorporated herein by reference. County Administrator Tom Brown discussed the future schedule for Land Use Plan meetings. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner London that one Special Meeting per month be held to discuss Planning and Building issues. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to hold the Special Meetings for Planning, Building and Zoning issues in the Middle Keys area and that this does not affect any existing code or policy requirements. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No No Yes No Motion failed. Motion was made by seconded by Commissioner Jones to for Planning, Building and Zoning basis at their normal locations. with the following results: Commissioner London and hold the Special Meetings issues on a rotational Roll call vote was taken Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes VV 073 Motion carried. The Board then discussed the vacation sche- dules. Commissioner London indicated he would be gone for three weeks in August, following the August 8th meeting. Commissioner Jones indicated he would be out for a Friday and Monday in August. Commissioner Stormont indicated he would be gone from July 8th through July 23rd. ..... COMMISSIONERS' ITEMS The County Administrator gave an update on the sta- tus of the proposed Marathon Government Building. During Board discussion, the following appointments were made to a review panel to evaluate the potential for cost savings and reduced economic and environmental impact by purchase of existing buildings to house County offices in Marathon: Commissioner Cheal appointed Vern Pokorski; Commissioner London appointed Marv Schindler; and Mayor Harvey appointed Bob Ernst. Commissioner Stormont had previously appointed Betty Vail. Commissioner Jones declined to make an appoint- ment. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the appointments. 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. -- Commissioner London and Commissioner Stormont discussed the Board's appointment to the Marine Sanctuary Advisory Council. No action was taken. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner London to approve and authorize execution of Consent to Assignment of Lease between Marathon Fuel Farm, Inc. and Aero Services, Inc. concerning FBO Services at the Marathon Airport, subject to review of business pro forma and letter of credit from Marathon Aero Services, Inc. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to authorize negotiations with the law firm of Frigola, DeVane, Wright, Dorl & Hendrickson for the collection and foreclosure on Code Enforcement Board liens. Roll call vote was unanimous. The Board discussed the Avis Rental Car operation at the Marathon Airport. Motion was made by Commissioner Jones and seconded by Mayor Harvey to allow the continuation -- of the Avis Rental Car operation at the Marathon Airport on a month-to-month basis. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes vv 074 Motion carried. Motion was then made by Commissioner Jones and seconded by Commissioner London to advertise a Call For Bids on the new space at the Marathon Airport for car rental activities. Roll call vote was unanimous. Mr. Horton and Ms. Carol Clark of Dames & Moore addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the sub- mission of a Development of Regional Impact Application for the Marathon Airport Terminal Complex to the South Florida Regional Planning Council with clarification of documen- tation in the Noise portion of the Study and confirm to the Part 150 Study lately transmitted by the Board to the Federal Aviation Administration, an accurate depiction of the present arrival and departure patterns at the Airport, and a change of the references from Design Group 3 to Design Group 2. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Maryor Harvey Yes Yes No Yes Yes Motion carried. COUNTY ADMINISTRATOR County Administrator Tom Brown discussed the City of Key West Commission's resolution providing for rezoning of Jackson Square to facilitate expansion of the Key West Jail. Jerry Enos of the Sheriff's Department addressed the Board concerning the siting of the New Jail. After lengthy Board discussion, motion was made by Commissioner London and seconded by Commissioner Stormont to approve a two housing unit buildout with complete buildout of the dormitory areas at 584 beds at the Stock Island site in an estimated amount of $25,500,000. During discussion, motion was made by Mayor Harvey and seconded by Commissioner Jones to amend the motion to establish as a goal an efficiency ratio of at least 5 to 1. The amendment was accepted by the maker of the motion and became part of the original motion. 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. Motion was made by Commissioner London and seconded by Commissioner Stormont to authorize the re- instatement of the bid process that was put on hold pending the review of the alternate site and to receive the bids. 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. Motion was made by Commissioner Stormont and seconded by Commissioner London to authorize Hansen Lind VV075 Meyer to proceed with the redesign for a down-sized faci- lity, eliminating one "butterfly". Roll call vote was taken with the following results: -- Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No PUBLIC HEARINGS Randy Ludacer, County Attorney, read a statement concerning the need for a transcript as per the Florida Statutes. -- A Public Hearing was held on a proposed Ordinance amending Sec. 13-8, Monroe County Code, in order to prohibit any person from remaining at or in any County beach or park in the Unincorporated Area of Monroe County from 11:00 P.M. until 7:00 A.M., excepting Harry Harris Park, and providing that the County Commission may waive such prohibition on a per event basis; amending Sec. 13-9, Monroe County Code, in order to provide the terms and conditions whereby the County Commission may waive the prohibition on the consumption of alcoholic beverages at or in any park in the Unincorporated Area of Monroe County and providing a definition of alcoho- lic beverage; providing penalties for violations thereof; 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 Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Ordinance with the amendment of Sec. l3-9(c) to change the word "weight" to the word "volume". Roll call vote was unanimous. ORDINANCE NO. 014-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance describing The Pines County Park in Key West, Florida; defining alcoholic beverage; prohibiting the possession of alcoholic beverags at The Pines County Park and providing for the waiver of such prohibitions by the County Commission if certain conditions are met; providing that no fire shall be lighted except in County-provided grills; providing that The Pines County Park shall be closed from 11:00 PM until 7:00 AM; providing for penalties for violations thereof; 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 Cheal and seconded by Mayor Harvey to read by title only. Motion carried una- nimously. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Ordinance with the amendment of Section l(b) to change the word "weight" to the word "volume". Roll call vote was una- nimous. vv 076 ORDINANCE NO. 015-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance describing Higgs Beach County Park in Key West, Florida; defining alcoholic beverage; prohibiting the possession of alcoholic beverages at Higgs Beach County Park and providing for the waiver of such prohibitions by the County Commission if certain conditions are met; providing that the restroom facilities at Higgs Beach County Park shall be closed from Sunset until 7:00 AM; providing that no fire shall be lighted except in County-provided grills; providing that Higgs Beach County Park shall be closed from 11:00 PM until 7:00 AM except for persons traveling on Atlantic Boulevard; providing for penalties for violations thereof; providing for severability; providing for repeal of all Ordinances inconsistent 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 Cheal 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. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Ordinance with the amendment of Section l(b) to change the word "weight" to the word "volume". Roll call vote was unanimous. ORDINANCE NO. 016-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance creating the Monroe County Marine Resources and Public Works Municipal Service Taxing Unit (District) covering all of Unincorporated Monroe County, Florida; providing for District purposes which include, but are not limited to, coordination of Federal, State and Local marine resource, marine protection, marine improvement, derelict vessel, public education, and boating recreational programs within the territorial jurisdiction of Monroe County; providing for administration of the Marine Resources Taxing District; pro- viding for a Marine Resources Advisory Council; providing that the Monroe County Board of County Commissioners shall be the District governing body; providing for District powers which include, but are not limited to, the employment of personnel and contractors to carry out District purposes, borrowing of funds as provided by general law, the imposition of an ad valorem tax not to exceed one mill on all non-exempt real and tangible personal property in the District to carry out District purposes, and to apply for and administer any grants available to carry out District purposes; providing that the Clerk of the Circuit Court shall be ex officio Clerk to the District; providing for the expenditure of District funds for District purposes; providing for the payment of expenses incurred in the creation of the District; providing for the establishment of a Marine Resources Division within Monroe County Government; providing for the establishment of a Marine Resources Advisory Committee; providing that creation of the District shall not be construed to impair any existing contract or obligations of contract; providing for severabi- lity; providing for incorporation into the Monroe County Code of Ordinances; providing for the repeal of all Ordinances inconsistent herewith; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Cheal and seconded by Mayor vv 077 Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. The following indi- viduals addressed the Board: Betty Vail, Pam Martin, George Schroeder. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to consider at this time the proposed amended Ordinance. Roll call vote was unanimous. The following individuals addressed the Board: Peter Ryan of the Marine and Port Advisory Committee, Henry Fetter, Vern Pokorski of the Florida Keys Citizens Association, Alan Farago, Al Griffin, Svenn Lindskold, Deevon Quirolo, Debbie Harrison. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to amend Section 5 by adding a representative of the dive interests, a representative from County-wide citizens' organizations, and a represen- tative from artists' organizations. Motion was made by Commissioner Jones to amend the Ordinance to authorize up to one mill levy. Motion died for lack of a second. Commissioner Cheal added to his motion to amend the calling for staggered terms to be determined by a drawing at the first meeting of the committee. Roll call vote on the motion to amend was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt as amended and also to add a section which will require review under sunset provisions at the end of three years. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No No Yes No Motion failed. Motion was then made by Commissioner London and seconded by Mayor Harvey to direct the County Administrator to examine the possibility of using personnel of the Growth Management Division to handle the duties as outlined in the proposed Ordinance and report back to the Board. 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. A Public Hearing was held on a proposed Ordinance amending Section 13-11, Monroe County Code, pertaining to the regulation of sale of detergents, by amending Subsection 2(b) concerning general prohibitions, and by amending Subsection (3) concerning exemption from the general prohibitions; providing for severability; providing for repeal of all Ordinances inconsistent herewith; pro- viding for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Proof of publication was entered into the record. Motion was made by -- Mayor Harvey and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. Motion was made by Mayor Harvey to postpone. Motion died for lack of a second. Lucien Proby and William Sublett, attorneys representing the Soap Industry, addressed the Board. Assistant County Attorney Joe Kelinson addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner London to postpone to the July 16th meeting at Key Colony Beach City Hall at 3:00 p.m. Roll call vote was taken with the VV078 following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes No Yes Motion carried. A Public Hearing was held on a proposed Ordinance further amending Sec. 6-42, Monroe County Code, as amended by Ordinances No. 019-1990 and 031-1990, in order to elimi- nate the waiver of building permit fees for any non-profit organization, including the volunteer fire and emergency medical service departments, and for those persons who devote their property to occasional public uses; providing for severability; providing for repeal of all Ordinances inconsistent 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 Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. Frank Palmer addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner London to insert fire departments and volunteer emergency medical departments into the list of exemptions. 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. Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the following Ordinance as amended. 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. ORDINANCE NO. 017-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance providing for the addition of Subsection (D) to Section 6-85 of the Monroe County Code; said Subsection shall provide for the removal of a member of the Contractor's Examining Board for excessive absenteeism; providing for severability; pro- viding for repeal of all Ordinances inconsistent 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 Cheal 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. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Ordinance. George Aladro, Chairman of VV 079 the Contractor's Licensing Board, addressed the Commission. Roll call vote was unanimous. ORDINANCE NO. 018-1991 See Ord. Book No. 26 which is incorporated herein by reference. -- A Public Hearing was held on a proposed Ordinance in order to provide that advance registrations for Trade Shows for Fiscal Year 1992 be paid from Tourist Development Council funds in Fiscal Year 1991; providing for severabili- ty; providing for repeal of all Ordinances inconsistent 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 Cheal and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 019-1991 See Ord. Book No. 26 which is incorporated herein by reference. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals and considered the Administrative Appeal on behalf of Floy and Alice Melton appealing Planning Commission Resolution 23-89 which Resolution rescinded Building Permit 89-3-2069 which was issued to the Meltons on 9/5/89, allowing the construction of a dock on property in Key Largo. Ty Symroski addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to return this item to the Planning Commission to pre- pare a Resolution in accordance with Section 9.5-47, to be returned to the Board as soon as possible at a Key Largo meeting with a full Commission. Attorneys Mattson and Horan addressed the Board. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance regulating development in the Unincorporated Areas of the County for an interim period in order to allow the County sufficient time to complete revisions to its Comprehensive Plan and Land Development Regulations; providing a purpose and intent; providing findings; providing definitions; pro- viding for applicability; providing the scope of the interim regulations; providing a procedure and criteria for develop- ment approval during the interim period; providing for appeals; providing for expiration of building permits; pro- viding for variances; providing for the effect of the -- Ordinance on existing County Plans, Regulations and Ordinances; providing for severability; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Jones and seconded by Mayor Harvey to read by title only. Motion carried una- nimously. The County Attorney read by title only. The following individuals addressed the Board: George Aladro, Robert Westlund, Fred Tittle, Al Beattie, James S. Mattson, Joe Bell, Andrew Tobin, Eddy Cerra, Bill Smith, Michael Chenoweth, Svenn Lindskold, W. B. Sculthorpe, Bob Stracener, vv 080 Yvonne Harper, George DeCarion, Frank Palmer, Richard Nelson, Cherry McDaniel, Brown Link, Herman Riley Stein, Pauline Klein, Wayne Hoffman, Irene Bell, Robert Gilbrand, Jr., Freddy Castro, George Pacho, Wayne Young, Nancy Baxter, Mike Barr, Walter Carson, Dagny Johnson. Motion was made by Commissioner London and seconded by Mayor Harvey to continue to the Public Hearing scheduled for July 2nd at Key Colony Beach City Hall. 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. A Public Hearing was held to consider a Budget Amendment for Fund #305 - 1990 Bond Anticipation Note for Fiscal Year 1991. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution to amend the 1990 Bond Anticipation Note Fund #305. Roll call vote was unanimous. RESOLUTION NO. 217-1991 See Res. Book No. 100 which is-Incorporated herein by reference. A Public Hearing was held to consider a Budget Amendment for the Tourist Development Council budgets in Fund #107, #108, #109, #110, #111, #116, #117, #118, #119, #120 and #121 for Fiscal Year 1991. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Jones and seconded by Mayor Harvey to reject this proposed Amendment due to a defective advertisement. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * *