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12/10/1991 Regular ww 179 Regular Meeting Board of County Commissioners Tuesday, December 10, 1991 Key West ~ A Regular Meeting of the Monroe County Board of County.Commissioners convened at 1:00 p.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 Danny Kolhage, Clerk; Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Torn 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 Jones to approve additions, corrections and deletions to the Agenda. Motion carried unanimously. ----- SOUNDING BOARD Bob Ernst addressed the Board concerning the Marathon Airport Terminal, Marathon Airport buffer park, and aviation natural hammock buffer. Inasmuch as Bob Ernst was unable to complete his address in the time allotted to him, motion was made by Mayor Harvey and seconded by Commissioner Stormont to allow Mr. Ernst to complete his presentation. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No No No No Yes ----- Motion failed. Jean De St. Croix, representing the Marathon Garden Club, and Michael Krimella addressed the Board. Peter Horton, Community Services Division Director, also addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to proceed with the landscaping project of 1.6 miles and include as part of the permitting process of the airport construction project. During discussion, the motion was withdrawn. Growth Management Division Director Bob Herman addressed the Board. After further discussion, motion was made by Commissioner London and seconded by Commissioner Cheal to postpone to the next meeting and to direct that the parties involved, including the County Attorney, corne back to the Board with a proposed resolution to this problem. Roll call vote was unanimous. Dr. R. J. Nelms, Medical Examiner, was not present for his requested time to discuss a proposed new Medical Examiner facility on Big Pine Key. No action was taken by the Board. ww 180 DIVISION OF COMMUNITY SERVICES Division Director Peter Horton addressed the Board. Reynolds Smith & Hills, consultants, made a presentation concerning possible design changes to the Marathon Terminal Project. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to hear Bob Ernst address the Board and to allow him five minutes to speak. Roll call vote was unanimous. Bob Ernst addressed the Board. Betty Vail addressed the Board. After Board discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to abandon the three-minute speaking rule. 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. The following persons addressed the Board: Barbara Silcox, Torn Styer, Ray Kitchener, Bob Nei~an repre- senting the Greater Marathon Chamber of Commerce, Robert Michaelis, Pierre Digeon, Frank Lizak, Samuel Arent, and Randy Mearns. Danny Kolhage, Clerk, read into the record letters from the Sombrero Resort and Lighthouse Marina and Ocean Beach Club Hotel and Resort. After further discussion, motion was made by Commissioner Stormont to approve the new site plan which will utilize one entrance/ exit point at 95th Street and one entrance/exit point at the existing terminal entrance; the new terminal building will be located west and adjacent to the existing airfield electrical; rental and public automobile parking will be located adjacent and east of the terminal building; an entrance/exit point utilizing the existing terminal entrance point will allow access to both existing and new terminal complexes; the plan will depict bus access to the existing terminal complex utilizing existing pavement; with the exception of markings, the existing terminal parking area will be undisturbed so as not to disturb the existing owl's habitat; all layouts to be in conformance with Federal, State and County codes and standards. Motion died for lack of a second. Motion was then made by Commissioner London to approve the foregoing new site plan with the proviso that the building be designed so that a restaurant and gift shop are not now built into it. During discussion, motion was withdrawn. After further discussion, motion was made by Commissioner London and seconded by Commissioner Stormont to approve the new site plan which will utilize one entrance/ exit point at 95th Street and one entrance/exit point at the existing terminal entrance; the new terminal building will be located west and adjacent to the existing airfield electrical; rental and public automobile parking will be located adjacent and east of the terminal building; an entrance/exit point utilizing the existing terminal entrance point will allow access to both existing and new terminal complexes; the pI and will depict bus access to the existing terminal complex utilizing existing pavement; with the exception of markings, the existing terminal parking area will be undisturbed so as not to disturb the existing owl's habitat; all layouts to be in conformance with Federal, State and County codes and standards. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to request Staff to research the questions raised in Bob .Ernst's "White Paper" and report back to the Board. Roll call vote was taken with the following results: ww 181 Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Yes Motion carried. MISCELLANEOUS Motion was made by Commissioner London and seconded by Commissioner Stormont to approve execution of a Local Major Events Agreement with San Carlos Institute to pay up to $50,000.00 for the January opening of the San Carlos Institute from Tourist Development Tax funds. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Motion was made by Commissioner London and seconded by Commissioner Jones to approve and authorize execution of an Addendum to Contract with Thomas E. Pope, P.A. and Bernier Carr & Associates, P.C. regarding additional archi- tectural services at the Key West Branch Library. Roll call vote was unanimous. BOARD OF APPEALS Sitting as the Board of Appeals, the Board con- ducted a public re-hearing of the Administrative Appeal hearing filed by Greg Lombardi before the Board on August 20, 1990, appealing Building Permit No. 90-1-176 issued to David Conner for the construction of a single-family residential dwelling on property described as Lot 45, Ramrod Shores 3rd Addition, Section 29, Township 66 South, Range 29 East, Tallahassee Meridian, Ramrod Key. Planning Director Lorenzo Aghemo addressed the Board. Erol Vural, repre- senting Greg Lombardi, addressed the Board. Garth Coller, Assistant County Attorney, addressed the Board. Franklin Greenman, representing David Conner, then addressed the Board. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to direct the Legal Staff and Growth Management Staff to investigate the imposi- tion of a rule that the appellant must provide a court reporter at all appeal hearings. Roll call vote was unani- mous. Motion was then made by Commissioner Cheal to accept jurisdiction to hear the appeal and continue the hearing to the next Regular Meeting. Motion died for lack of a second. After further discussion, motion was made by Commissioner Jones and seconded by Commissioner London to postpone to the next scheduled Regular Meeting of the Board. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner London that the continued action is for the purpose of examining the record to determine whether the perfected evidence necessitates a reversal of the earlier decision. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton and Mr. Caldwell of David Volkert and Associates made a presentation to the Board of preliminary plans for the Key West International Airport Terminal. Motion was made by Commissioner London ww j82 and seconded by Commissioner Cheal to approve the interior floor plan as presented. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to request the Architect to corne back with designs that are within the 35-foot height limitation and to simplify the entrance for a less expensive treatment. Roll call vote was unanimous. Growth Management Division Director Bob Herman and Community Services Division Director Peter Horton discussed the DRI process. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to proceed with the acquisi- tion of consultant services for the DRI process. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes No Yes Yes Motion carried. COUNTY ADMINISTRATOR Torn Brown, County Administrator, discussed main- tenance, repair, and new construction projects for recreational facilities on Big Pine Key. Bill Lemon of the Big Pine Key Athletic Association addressed the Board. Motion was made by Commissioner London and seconded by Mayor Harvey to approve, in concept, the Staff-recommended Big Pine Key recreational facilities maintenance, repair and improvement plan as provided in the County Administrator's November 25, 1991 memorandum. Roll call vote was unanimous. BOARD OF APPEALS The Board proceeded to a public hearing of an appeal filed by Arthur J. Lujan of the denial by the Planning Commission of his request for approval of a Major Conditional Use to build a hotel complex known as "Key West Inn and Ocean Club" located at Section 26, Township 67 South, Range 25 East, Tallahassee Meridian, Raccoon Key (continued from 10/29/91). County Attorney Randy Ludacer advised the Board that due to his representation of some of the individuals involved in this matter, he had a conflict of interest and could not represent the County and that Assistant County Attorney Garth Coller would represent the County Attorney's Office. Planning Director Lorenzo Aghemo addressed the Board. Bob Paterno and Jose Gonzalez, repre- senting the appellants, addressed the Board. Henry Morgenstern representing the Key Haven Property Owners Association and individual owners in the neighborhood also addressed the Board. Growth Management Division Director Bob Herman submitted for the record Exhibit *3 of the Planning Commission. Jose Gonzalez, Bob Paterno and Henry Morgenstern again addressed the Board. Motion was made by Commissioner Cheal and seconded by Commisssioner Jones to uphold the decision of the Planning Commission in that the appellant failed to present evidence that indicated that the Planning Commission erred in its decision. Roll call vote was unanimous. ww 183 PUBLIC HEARINGS The County Attorney requested the withdrawal of the proposed Ordinance removing "Resolution" as a method of BOCC decision-making under Chapter 9.5, Monroe County Code, etc. A Public Hearing was held on a proposed Ordinance amending Monroe County Code Sec. 2-443 concerning the Pigeon Key Advisory Authority; providing for the deletion of speci- fic organizations providing membership; providing for the membership to be derived from organizations identified in Resolution by the Board of County Commissioners; providing for correction in Subsection (b) amending Board to Authority; providing for the deletion of Subsection (c) limiting the terms of members of the Board; amending Sec. 2-445 to provide for election of officers annually and limit elected positions to terms of three years and providing for the Authority to follow the procedural rules governing the Board of County Commissioners; 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. There was no public input. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to deny the Ordinance. Roll call vote was taken with the following results: ..... Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes Motion carried. MISCELLANEOUS Consideration of Agenda Item E-l (approval of a Resolution concerning designation of member organizations of the Pigeon Key Advisory Authority) was not necessary due to the failure of the preceding item. After further discussion concerning this matter, motion was made by Commissioner London and seconded by Commissioner Jones to direct Staff to investigate the possibility of a long-term lease with a uni- versity marine biology program on the basis of solicitation of letters of interest. During discussion, the motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Mayor Harvey to authorize the advertisement for the repeal of the existing Ordinance concerning Pigeon Key, to be heard in the Marathon area. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes Motion carried. There being no further business, the meeting was adjourned. * * * * *