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03/10/1992 RegularXX .10 2 Regular Meeting Board of County Commissioners Tuesday, March 10, 1992 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 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 a moment of silent prayer and the 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. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner London and seconded by Commissioner Stormont to approve Recommendation 92-1 of the Parks and Recreation Board as follows: The Parks Board recommends that the Board of County Commissioners support the desires of the Upper Keys Historical Society to take the actions necessary to name the Harry Harris Park ballfields after Thomas Lummus . Roll call vote was unanimous. Commissioner Stormont discussed the Parks and Recreation Board's request concerning the "Arby" site. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve Staff's recommendation to direct the Land Authority to investigate the size, area, availability, and acquisition potential as well as directing the County Administrator to investigate FRDAP grant funding for purchase and development. George Schroeder addressed the Board. Roll call vote was unanimous. Consent Agenda - Boundary Interpretations Division Director Robert Herman addressed the Board concerning a Resolution regarding Boundary Interpretation Number 85. Motion was made by Commissioner Cheal to adopt the Resolution. During discussion, the motion was withdrawn. Attorney Andy Tobin, representing Coral Isles Church, and Reverend Chase addressed the Board. Motion was made by Commissioner Cheal and seconded by XX 103 Commissioner Stormont to adopt the following Reoslution con- firming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 85, Lots 1, 2, 3 & 4, Block 3, and Lot 23, Block 5, Fontaine Lakes Estates, and a portion of Absolom Albury Tract, Plantation Key, Monroe County, Florida, approximately Mile Marker 90, with the statement that the Board concurs that the present zoning is incorrect and that Staff is directed to pursue the re -zoning process. During discussion, motion was made by Commissioner Stormont to amend to provide that the Planning Department will favorably consider an amendment in the Plan process under 9.5-511(d)(b)(iii) and (iv). Motion to amend was accepted by the maker. 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 Yes RESOLUTION NO. 137-1992 See Res. Book No. 106 which is incorporated herein by reference. COMMISSIONERS' ITEMS Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to grant permission to the Florida Department of Transportation to temporarily block Bass Avenue and Churchill Downs Road during bridge replace- ment over Adams Waterway in the Key Largo area for a period of approximately two months. Roll call vote was unanimous. Mayor Harvey discussed the addition of the name of Lou Benson to the Long Key Transfer Station as a memorial and in recognition of the part that Mr. Benson played in improving that site. Motion was made by Commissioner Cheal and seconded by Commissioner London to postpone to the next meeting. 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 then made by Commissioner Stormont and seconded by Mayor Harvey to direct the County Administrator to prepare an unbiased criteria and process for naming public works in Monroe County. 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 .10 4 MUNICIPAL SERVICE DISTRICT Division Director Barry Boldissar addressed the Board regarding the presentation and final selection of firms concerning engineering services for a Sludge, Septage and Leachate Management Program for Crawl Key. After discussion by the Board, motion was made by Commissioner Jones to postpone this item. Motion died for lack of a second. The following firms made presentations: CH2M Hill Hazen & Sawyer Post Buckley Schuh & Jernigan The Board discussed possible amendments to the Scope of Service. Motion was made by Commissioner London and seconded by Commissioner Jones to postpone. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey No Motion carried. The Board recessed for lunch. The Board reconvened with all Commissioners pre- sent except Mayor Harvey. Accordingly, Commissioner London acted as Mayor Pro Tem. SOUNDING BOARD David Makepeace of the Coral Shores High School Mother Earth Ecology Club addressed the Board concerning an alternative plan to the Blue Bag Recycling Project. Elizabeth Wood, Laura Day and Jerry Tillotson also addressed the Board. The Board thanked the members of the club for their information and presentation. No further action was taken. W. L. Cook, Jr. addressed the Board concerning solid waste service charges. No official action was taken. Motion was made by Mayor Pro Tem London and seconded by Commissioner Jones to add to the Agenda an item regarding the Seventh Annual Key Largo-Pennekamp 5K and 2-Mile Fun Run on May 9, 1992. Motion carried unanimously. Motion was then made by Mayor Pro Tem London and seconded by Commissioner Jones to approve the revised route of the Run to be from US-1 at Pennekamp Mile Marker 103 north through South Creek and Largo Sound Villages and back to Pennekamp on US-1. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Monroe County Code Sec. 6-56 by the addition of a paragraph providing for the testing of all contractor cate- gories unless exempted elsewhere in Chapter 6; providing for { 105 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. The County Attorney read by title only. Bill Smith of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to amend the addition set out in Section 1 of the Ordinance to insert the words "and following" after the word "foregoing" and to then adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 008-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance (Agenda Item F-2a) amending Monroe County Code Sec. 6-56 providing for consistency in the language of the definitions of each specialty contractor; providing a revised definition for cabinet and millwork specialty contractor; providing for creation of new categories of garage door opener/ installation, sign electrician (wiring only), and waterproofing and seal -coating specialty contractor; pro- viding for the deletion of the requirement for some spe- cialty contractors that their work be performed under a permit obtained by another contractor; providing for severa- bility; 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. The County Attorney read by title only. Bill Smith of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Ordinance. Roll call vote was unani- mous. ORDINANCE NO. 009-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance repealing Monroe County Code Sections 13-61 through 13-70 (Ordinance 22-1977) concerning registration for the carrying of concealed weapons, due to pre-emption by the State of Florida; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incor- poration into the Monroe County Code; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Mayor Pro Tem London and seocnded by Commissioner Jones to read by title only. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 010-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held for the purpose of deter- mining whether or not an un-named Monroe County Road in Tavernier Acres, as recorded in the Official Records Book 33, Pages 296-297, of the Public Records of Monroe County, should be abandoned. Raymond Gast of the Burton Memorial United Methodist Church, Inc. addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner XX 106 Stormont to adopt the following Resolution renouncing and disclaiming any right of the County and the public in and to an un-named Monroe County road adjacent to Burton Memorial United Methodist Church, Lot 8, Tavernier Acres, Monroe County, Florida. Roll call vote was unanimous. RESOLUTION NO. 138-1992 See Res. Book No. 106 which is incorporated herein by reference. COMMISSIONERS' ITEMS Mayor Pro Tem London indicated that he would be leaving the meeting. Motion was made by Mayor Pro Tem London and seconded by Commissioner Stormont to designate Commissioner Jones as Mayor Pro Tem. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont No Mayor Pro Tem London Yes Motion carried. BOARD OF APPEALS The Board considered an appeal of administrative action regarding flood plain management criteria by Robert and Ruth Stokey of the decision to deny issuance of an after -the -fact permit to enclose a tiki bar for more square footage than was approved in a variance granted April 4, 1982. Attorney Andy Tobin requested a continuation of the appeal hearing. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to continue the appeal to March 31st at 4:00 p.m. in Key Colony Beach. Motion carried unanimously. The Board considered an administrative appeal filed by Wil-Dor, Inc. of the decision by the Planning Commission to uphold the issuance of Development Order #3-91 granted by the Director of Planning to Shell Oil Company to construct a convenience store and gas station on property located at 99801 Overseas Highway, at the corner of U.S. Highway #1 and Ocean Drive, Section 28, Township 61S, Range 39E, Tallahassee Meridian, Key Largo. Attorney Andy Tobin repre- senting Shell Oil Company addressed the Board and requested a continuance until March llth. Assistant County Attorney Garth Coller addressed the Board. The Board agreed to go forward with the appeal. County Attorney Randy Ludacer discussed a request to speak that had been delivered to the Clerk and indicated that it was not appropriate during the appeal hearing. Motion was made by Commissioner Cheal and seconded by Mayor Pro Tem Jones to not recognize the request to speak on the basis of the opinion of the County Attorney. Motion carried unanimously. Randy Sadtler representing Wil-Dor, Inc. addressed the Board. Andy Tobin representing Shell Oil et al addressed the Board. Garth Coller repre- senting the Planning Commission discussed the appeal. Mr. Sadtler offered rebuttal. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to remand the matter back to the Development Review Committee to assure that: XX 107 1) All comments and concerns from all agencies are received and acted upon. 2) Full analysis of stormwater requirements on this site plan. 3) Request that there be full compliance with the 400' curb -cut requirement and the alternate under 9.5-424 of the Monroe County Code. 4) That the development complies with all standards of 9.5 including the Public Works Manual Standards, the scenic corri- dor law, adequate parking for all uses and, if necessary, requesting reduction in intensity to meet legal requirements of the Code. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to consider a budget amendment to the District 6 Fire and Ambulance Fund #706. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the following Resolution to amend the District 6 Fire and Ambulance Fund #706 budget. Roll call vote was unanimous. RESOLUTION NO. 139-1992 See Res. Book No. 106 which is incorporated herein by reference. There being no further business, the meeting was adjourned.