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05/12/1992 RegularXX 194 Regular Meeting Board of County Tuesday, May 12, Key Largo Commissioners 1992 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 Public 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 Mayor Harvey and seconded by Commissioner Stormont to approve additions, corrections and deletions to the Agenda. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board. Attorney Jim Hendrick addressed the Board and gave a progress report of the following pending cases: Glenn vs. Monroe County Holiday Isle Resorts Galleon Bay Nolan vs. Sweetwater Homes Melton vs. Monroe County Good - Saddlebunch RV Park Spisiak vs. Monroe County Upper Keys Marine Construction Ocean Reef Vesting Issue Mr. Herman discussed a letter received from Property Appraiser Ervin Higgs concerning questions regarding changes in the Comprehensive Land Use Plan and Land Development Regulations. Mr. Herman advised the Board of a meeting between Growth Management Division Staff, the Department of Community Affairs, and Commissioner London as liaison. Mr. Herman advised the Board that DCA has raised objections to the County's adoption of the Permit Renewal Ordinance. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont that upon receipt of the DCA communication, the Board advertise for rescission of the Ordinance. Roll call vote was unanimous. Mr. Herman and Mark Rosch discussed procedures for the conduct of the Public Hearings and other Land Use Plan meetings. Mr. Rosch suggested that the Land Use Plan XX 195 meetings be conducted in three parts, consisting of an over- view of each Element, public input on that Element, and Board discussion and action. Motion was made by Commissioner Cheal and seconded by Commissioner London to allow five minutes for the Staff's overview of each Element. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Jones and seconded by Mayor Harvey to establish a five-minute speaking limit per individual, allowing individuals to sign up prior to the hearings to speak for others at the Public Hearings and Special Meetings. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion failed. Motion was made by Commissioner Stormont and seconded by Commissioner London establishing the fact that the Official Minutes of the Land Use Plan Meetings and Hearings will be those maintained by the Clerk, that there would be joint handling of the motions during the meetings, that the Staff will transmit the preliminary version that will be confirmed with the Minutes once they are officially produced by the Clerk. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner London to authorize John Fernsler and Jim Hendrick (with Mr. Hendrick to allocate his time as he sees fit) to be present at the Land Use Plan Hearings and Meetings. Roll call vote was unanimous. The Board discussed map changes. Motion was made by Commissioner Stormont and seconded by Commissioner London that: (a) Pending applications for map changes will be appropriately handled prior to the October transmittal; (b) Zoning change requests will be re- ferred to the application process following the Comprehensive Land Use Plan adoption; and (c) Future Land Use Map requests will be handled on an individual basis. Roll call vote was unanimous with Commissioner Cheal not present. MISCELLANEOUS Jim Smith of the South Florida Water Management District addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner London to adopt the following Resolution supporting the South Florida Water Management District's decision to include the Florida 196 Keys on the Surface Water Improvement and Management (SWIM) Priority Water Body "A" List. Roll call vote was unanimous. RESOLUTION NO. 244-1992 See Res. Book No. 108 which is incorporated herein by reference. Judson Freeman addressed the Board concerning his role as Bond Counsel in the Plantation Key,Convalescent Center Revenue Bond Issue process. Mr. Freeman advised the Board that First Union National Bank of Florida had refused to act as Trustee for the Issue. Motion was made by Commissioner Jones and seconded by Commissioner London to reconsider the Board's previous action adopting the Bond Resolution. Roll call vote was unanimous. Motion was then made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution to rescind Resolution No. 243-1992 authorizing the issuance of $3,000,000 Monroe County, Florida Industrial Development Refunding Revenue Bonds, Series 1992 (Plantation Key Convalescent Center, Inc. Project). Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. RESOLUTION NO. 245-1992 See Res. Book No. 108 which is incorporated herein by reference. Motion was then made by Commissioner Cheal and seconded by Commissioner London to approve a Bond Resolution with the addition of the name of a new Trustee. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion failed. Cheal Yes Jones No London No Stormont No Yes DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Cheal and seconded by Commissioner Jones to authorize two appraisals and a sur- vey of a park site located in the Hibiscus Park Subdivision and the Industrial Acres Subdivision of Key Largo, approxi- mate Mile Marker 101, to be funded from the Board's Contractual Services Account. Roll call vote was unanimous. The Board recessed for lunch. The Board reconvened with all Commissioners pre- sent. XX 197 DIVISION OF GROWTH MANAGEMENT The Board discussed the proposed Settlement Agreement between the Florida Department of Community Affairs, Monroe County, Francis Cook and Upper Keys Marine Construction, Inc. Division Director Bob Herman recom- mended that the Board not sign the Settlement Agreement. Ronnie Gilman addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve Staff's recommendation not to sign the Settlement Agreement between the Florida Department of Community Affairs, Monroe County, Francis Cook and Upper Keys Marine Construction, Inc. Roll call vote was unanimous. SOUNDING BOARD Catherine Gramatzki addressed the Board concerning blasting at Blue Water Rock Pit. Ronnie Gilman addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Jones directing that an Ordinance be prepared to address revised engineering standards, adja- cency of residential property, coordinated permitting, and documentation on permitting of an authorized excavation and other issues that are brought to the attention of the County Attorney concerning the Blasting Ordinance. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Jones directing Post, Buckley, Schuh & Jernigan to address and resolve the issues of the Blue Waters community concerning their blasting situation in the proposed Ordinance. Roll call vote was unanimous. John Quinlan (for John Conlin), Bob Decker, Harold Brossy, and Lloyd Roper addressed the Board regarding the proposed bike path along Sombrero Boulevard. Motion was made by Commissioner London and seconded by Commissioner Jones directing the Public Works Division Staff to canvass and poll in areas of future bike path construction. Roll call vote was unanimous. Motion was then made by Commissioner Jones and seconded by Commissioner Cheal to approve the bike path project as designed except for the section from Cobia Point Condo to the Flamingo Island Bridge. Roll call vote was unanimous with Commissioner London not present. DIVISION OF GROWTH MANAGEMENT The Board discussed recommendations of the Parks and Recreation Board concerning the St. Peter's Church recreation improvements and the transfer of funds from the Big Pine Recreation area to an alternate site. Motion was made by Commissioner London and seconded by Commissioner Stormont to designate the $31,495.75 in park acquisiton grant funds for acquisition of property adjacent to the Chamber of Commerce Tract on Big Pine Key if a reasonable purchase can be made. 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. Division Director Bob Herman and XXr 19 8 Engineering Director Dave Koppel addressed Recommendation No. 92-3 of the Parks and Recreation Board. No action was taken. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Ordinance No. 18-1989, Sec. 2(A), in order to pro- vide for the following tolls for the use of the Card Sound Road and Toll Bridge Facility: 2 axle vehicle-$1.50, 3 axle vehicle-$2.25, 4 axle vehicle-$3.00, 5 axle vehicle-$3.75, 6 axle vehicle-$4.50; 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. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to read by title only. The County Attorney read by title only. The following indi- viduals addressed the Board: Bob Harris, Don Lewis, John Young and Arthur Goldberg of Post Buckley Schuh & Jernigan, County Engineering Director Dave Koppel, Albert Gillen, Howard K. Howard, C. W. Broeman II, and H. T. Pontin. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the proposed Ordinance. During discussion, the motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner London to table the Ordinance. Roll call vote was unanimous. The Board then proceeded to discuss the Card Sound Bridge Project. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt Scenario III to be considered at both the 4-foot and 5-foot elevations. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Mayor Harvey to remove the Ordinance from the table. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue the Public Hearing to July 15 at 3:00 p.m. at the Key Largo Library. Motion carried una- nimously. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board regarding Recommendation 92-2 of the Parks and Recreation Board concerning Harry Harris Park. John Hopwood, President of the Upper Keys Athletic Association, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve Recommendation 92-2, substi- tuting a sprinkler system for the backstop placement to be evaluated in the budget cycle. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve and authorize execution of an Escrow Agreement in the amount of $46,369.28 with Hawks Nest Condominimum Association. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve Final Payment of $11,000.00 to Harbor Branch Oceanographic Institution, Inc. for a Eutrophication Study. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve the Progress Reports on the Water Quality Monitoring Project and the Wastewater Treatment Project Contracts with Brian Lapointe. Motion carried una- nimously. XX 199 Mr. Herman addressed the Board regarding ARC/INFO software, etc. H. T. Pontin addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the following, with any necessary changes to be made by the County Attorney: Lease Agreement with Data General Corp- oration for ARC/INFO software, RISC based hardware, and peripherals for essential development of the County's GIS capabili- ties Agreement with Environmental Systems Research Institute, Inc. for support and training on the use of ARC/INFO software in an amount not to exceed $24,000.00 Purchase of notebook computer, docking station, color monitor, portable and color printer, and peripherals compatible with GIS and AS400 in the amount of $12,817.97 Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey -- II Motion carried. Cheal Yes Jones No London Yes Stormont Yes No MISCELLANEOUS Commissioner Jones discussed Sec. 9.5-309 of the Code concerning fences on Big Pine Key. Motion was made by Commissioner London and seconded by Commissioner Jones to ask the Planning Commission to review for recommendations to the Board the requirements in the Code concerning fencing on Big Pine Key. Roll call vote was unanimous. Growth Management Division Director Bob Herman discussed reports to be received from Jim Hendrick of Morgan and Hendrick. County Attorney Randy Ludacer discussed the Land Use Plan issues and his attendance at the forthcoming Public Hearings and Special Meetings. There being no further business, the meeting was adjourned.