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01/07/1992 SpecialXX 001 Special/Regular Meeting Board of County Commissioners Tuesday, January 7, 1992 Key Largo A Special/Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the 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. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the amended Agenda. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. Motion was made by Mayor Harvey and seconded by Commissioner Stormont to consider this meeting as a Regular Meeting of the Board of County Commissioners, disregarding the original call as a Special Meeting. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London No Commissioner Stormont Yes Mayor Harvey Yes Motion carried. DIVISION OF GROWTH MANAGEMENT Jim Quinn of the Florida Department of Community Affairs addressed the Board concerning the Santa Rosa County settlement. The following individuals addressed the Board: Thea Ramsay, Stan Becker of Monroe County United, Linda Jensen, Betty Chaplin, H. T. Pontin, Bill Cullen, Sven Lindskold, Debbie Harrison, Jane Reynolds, Fred Tittle, Bill Smith, Dagny Johnson, Joyce Newman, George Kundtz, Dona Merritt. Steve Ferris addressed the Board concerning the selection of the most qualified candidate for stormwater management services. The following firms made presen- tations: CH2M Hill, Keith and Schnars, and Post Buckley 002 Schuh & Jernigan. After the presentations, the following individuals addressed the Board: Bob Ernst, Dona Merritt, Linda Jensen, and Jim Smith of the South Florida Water Management District. The Board then announced that the selection process would be by ranking all firms according to a point system, reflecting the Number One selection to receive the Number One vote, and the successful nominee would be that one with the lowest point total. The Board proceeded to ballot with the following results: Cheal Jones London Stormont Harvey Total C H 2M Hill 2 3 3 1 2 11 Keith & Schnars 3 2 2 2 3 12 Post Buckley 1 1 1 3 1 7 Motion was made by Commissioner London and seconded by Commissioner Stormont to approve a contract with Barton- Aschman Associates to prepare a computerized traffic model for Monroe County, with the whole project not to exceed $115,000.00 and the data to be presented in graphic form, and authorization to fund the County's portion of $42,500.00 with impact fees. John Segure of Barton-Aschman addressed the Board. Roll call vote was unanimous. The Board then returned to the Agenda item con- cerning the selection of a candidate for stormwater manage- ment services. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to authorize Staff to nego- tiate a contract with the firm of Post Buckley Schuh & Jernigan. Motion carried unanimously. SOUNDING BOARD Joyce Newman addressed the Board regarding a volunteer public education project related to BOCC members' voting records on specific issues. No action. Bob Ernst and Airport Director Art Skelly addressed the Board regarding the Marathon Airport buffer. Further consideration of this matter was postponed until after a meeting to be held on Thursday between Mr. Ernst and County Staff. Bill Wilkinson of the Marathon & Lower Keys Association of Realtors addressed the Board on changing the current County Code on improvements to property. Motion was made by Commissioner London and seconded by Commissioner Jones to postpone. Roll call vote was unanimous. R. J. Nelms, M.D., Medical Examiner, and Dr. Don Pope of the Sheriff's Department addressed the Board regarding a new medical examiner's facility for the Florida Keys. Motion was made by Commissioner London and seconded by Commissioner Jones to refer the matter to the County Administrator to meet with Dr. Nelms to explore the issue. Roll call vote was unanimous. XX 003 MISCELLANEOUS Motion was made by Mayor Harvey and seconded by Commissioner Cheal to add as Agenda Item G-1 the subject of a Security District for Duck Key. Motion carried unani- mously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to add as Agenda Items G-2 and G-3 additional matters concerning Duck Key. Motion carried una- nimously. PUBLIC HEARINGS A Public Hearing was held to consider a plat vaca- tion of Block 3, 5 and 7 of Anglers Park Shores Subdivision, as recorded at Plat Book 1, Page 148, of the Public Records of Monroe County. Proof of publication was entered into the record. Lorenzo Aghemo, Planning Director, addressed the Board. The following individuals addressed the Board: Steadman Stahl, Robert Rainer, Allison DeFoor, Franklin Williams, Art Krug, Joy Lindskold, Boyce Ezell, Thornton McDaniel, Steve Williams. Mr. Block, attorney for the Petitioner, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner London to adopt the following Resolution vacating the plat, but excluding the public rights -of -way which end at open water including canals or the shoreline, per Monroe County Code 16-1. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. RESOLUTION NO. 001-1992 See Res. Book No. 105 which is incorporated herein by reference. MISCELLANEOUS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to grant approval to advertise for Public Hearing a proposed Ordinance establishing a Security District for the residential islands of Duck Key, Monroe County, Florida, as authorized by Section 125.01, Florida Statutes; providing for the establishment of a governing body of the District; providing for an advisory board for the District; providing for District powers including the power to levy non -ad valorem assessment against real pro- perty within the District for District purposes; providing for fiscal 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. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Resolution stating the County Commission's intent to utilize the non - ad valorem assessment method for law enforcement on Duck Key. Motion carried unanimously. RESOLUTION NO. 002-1991 See Res. Book No. 105 which is incorporated herein by reference. XX 004 Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Resolution con- cerning a proposed referendum election for the proposed Duck Key Special Taxing District. Motion carried unanimously. RESOLUTION NO. 003-1991 See Res. Book No. 105 which is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Sec. 13.5-1, Monroe County Code, in order to elimi- nate the provision for admission fees to Harry Harris Park in Tavernier; 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 Stormont 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 Jones to adopt the following Ordinance. Roll call vote was unani- mous. ORDINANCE NO. 001-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance providing for the amendment of Subsection (c) and the addi-. tion of Subsections (d), (e) and (f) to Section 6-57 of the Monroe County Code; said subsections shall provide for the requirements of contractors' advertisements; providing for severability; providing for repeal of all Ordinances incon- sistent 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 Jones and seconded by Commissioner Cheal to continue to the next meeting at 3:00 p.m. During discussion, the motion was withdrawn. After further discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue to the next meeting at 3:00 p.m. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Sec. 6-16.2, Monroe County Code, the Standard Unsafe Building Abatement Code, by repealing those chapters and sections providing for appeal to an Unsafe Building Abatement Board of Adjustment; providing that violations of the Standard Unsafe Building Abatement Code may be prose- cuted before the County Code Enforcement Board, in County Court, or in any other manner provided by law; providing for severability; providing for repeal of all Ordinances incon- sistent 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. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 002-1992 See Ord. Book No. 27 which is incorporated herein by reference. 005 BOARD OF APPEALS The Board considered a public re -hearing of the Administrative Appeal hearing, filed by Greg Lombardi, appealing Buiilding Permit #90-1-176, issued to David Conner for the construction of a single-family residential dwelling on Lot 45, Ramrod Shores 3rd Addition, Section 29, Township 66S, Range 29E, Tallahassee Meridian, Ramrod Key (continued from 12/10/91). Erol Vural, attorney representing Mr. Lombardi, addressed the Board. Frank Greenman, attorney representing Mr. Conner, addressed the Board. Mr. Vural rebutted. Motion was made by Commissioner London and seconded by Commissioner Stormont to uphold the decision of the Planning Commission upon review of the perfected record. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes No The Board considered an Administrative Appeal filed by Mark Kamilar, et al, of the decision by the Monroe County Planning Commission, upholding the Minor Conditional Use Development Order #13-89 issued by the Director of Planning on August 16, 1989 allowing the construction of a suite motel consisting of twenty-two units including a swimming pool and boat dock for property described as Lots 8 thru 12, Block 5, Seaside Subdivision, Section 14, Township 62 South, Range 38 East, Tallahassee Meridian, Key Largo, Monroe County, Florida; Mile Marker 95. Planning Director Lorenzo Aghemo addressed the Board. Attorney Frank Greenman addressed the Board. Kirk Monroe, attorney representing property owners, and Mr. Kamilar addressed the Board. Mr. Greenman rebutted. Mr. Monroe addressed the Board again. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to grant the appeal and overturn the Planning Commission in that the applicant did not meet the basic requirements of minor conditional use and should not have been recommended for approval by the Planning Director. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Airport Director Art Skelly and Mil Reisert of Greiner, Inc. addressed the Board concerning several airport issues. Motion was made by Commissioner Jones to approve the testing proposal for the airfield at the Key West Airport. During discussion, the motion was withdrawn. After further discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to approve the testing proposal for the field investigation of the airfield depression area at Key West Airport as submitted by Greiner and dated December 31, 1991. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London No Commissioner Stormont Yes Mayor Harvey Yes XX°° 6 S E I>3�1- Motion carried. Mr. Reiser then discussed his letter of January 7th and information supplied concerning Passenger Facility Charges. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve the proposal concerning Passenger Facility Charges. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London No Stormont Yes Yes Mr. Reiser discussed RS&H Task Order No. 8 in con- nection with the Marathon Airport Terminal as set out in the letter from Greiner dated January 3rd. Mr. Bob Ernst addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to deny the recommen- dation. During discussion, the motion was withdrawn. Motion was then made by Commissioner London and seconded by Commissioner Jones to direct Greiner to renegotiate the charges for Reynolds Smith & Hill's proposed Task Order No. 8 concerning the Marathon Airport Terminal. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. Bud Caldwell of Volkert, Inc. addressed the Board and presented the conceptual alternates for the exterior design of the new Key West International Airport. Motion was made by Commissioner Jones and seconded by Commissioner London to approve Alternative Four of the proposed terminal upgrade for the Key West International Airport. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Planning Director Lorenzo Aghemo and Division Director Bob Herman addressed the Board regarding a building permit allocation system. Motion was made by Commissioner Cheal and seconded by Commissioner London to authorize Staff to negotiate with Wallace -Roberts -Todd and Freilich, Leitner, Carlisle & Shortlidge to develop a framework based upon previous Board approvals for a permit allocation system. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Jones directing Freilich, Leitner and Robert Apgar to plan to bring in local attorneys to help in the development of the permit allocation system and to allocate one-third of the proposed fee for that purpose. During discussion, motion was withdrawn. Motion was then made by Commissioner London and seconded by Commissioner Cheal to authorize Freilich, Leitner and Robert Apgar to bring back to the Board a propo- sal as to how local attorneys can be used in this process. Roll call vote was unanimous. The Board discussed the selection of a consultant to prepare revised Land Development Regulations per XX 007 Chapter 163, Florida Statutes, and Staff's recommendation for a joint proposal from Wallace -Roberts -Todd and Freilich, Leitner. Motion was made by Commissioner Stormont and seconded by Commissioner London to approve Staff recommen- dation for a minimal LDR system per the previous Board determinations. Roll call vote was unanimous. The Board proceeded to discuss recommendations made by the Parks and Recreation Board. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve. the following: Recommendation 91-10 The Parks Board recommends that the BOCC direct staff to take actions necessary to install lights at the tennis courts owned by the County on 33rd Street Gulf - side in Marathon, to be financed with impact fees, and to include a pay meter system. Recommendation 91-11 The Parks Board recommends that the Public Works Department continue to yearly seek and acquire TDC funds for the use of beach maintenance. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner London to adopt the following Resolution declaring the support of the County Commissioners of legislation to exclude Robbie Safe Harbor Marine Enterprises, Inc. from the Coastal Barrier Resources System. Roll call vote was unanimous. RESOLUTION NO. 004-1992 See Res. Book No. 105 which is incorporated herein by reference. Consent Agenda Boundary Determinations Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 80, Lots 14, 15, 16 and 20, Block 7, Thompson's Subdivision, Key Largo, Monroe County, Florida, approximately Mile Marker 99. Roll call vote was unanimous. RESOLUTION NO. 005-1992 See Res. Book No. 105 which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution con- firming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 81, Lot 14, Raes Cuda Canal, Key Largo, Monroe County, Florida, approximately Mile Marker 95. Roll call vote was unanimous. RESOLUTION NO. 006-1992 See Res. Book No. 105 which is incorporated herein by reference. There being no further business, the meeting was adjourned.