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09/15/1992 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/282 Regular Meeting Board of County Commissioners Tuesday, September 15, 1992 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date in 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 Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner London to add to the Agenda consideration of a proposed Resolution concerning the Translator System. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont No Mayor Harvey No Motion failed. Mayor Harvey advised that she would make a report on the Sadowski Housing Act later in the meeting. This was added as Agenda Item K-1. 92/283 The County Administrator advised that the following Board of Appeals items would be continued to November 17, 1992 in Key Largo at approximately 4:00 o'clock: Item G-1 A public hearing to consider the Administrative Appeal filed by John Baiamonte, Sr. against Robert and Ruth C. Stokey Item G-3 A public hearing to consider the appeal by Joseph H. Roth, Jr. & E1 Capitan of the decision by Diane Bair, FEMA Coordinator, in denying an application for a lattice enclosure greater than 300 square feet below base flood elevation for a non-residential structure The County Administrator advised that the following items were to be deleted from today's Agenda: Item C-1 Discussion concerning 1992-1993 Monroe County budget - Linda Jensen Item C-2 Discussion concerning the November ballot of the evacuation shelter tax - Linda Jensen Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the additions, corrections and deletions to the Agenda. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board requesting consideration of lots in Hibiscus Park and Industrial Acres Subdivisions for the construction of a park. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to have the Land Authority conduct negotiations for the land acquisition and report back to the Board. Sylvia Ann Godfrey addressed the Board. Roll call vote was unanimous. Mr. Herman discussed landscaping of the parking lot at the Marathon Government Center Annex and presented two plans prepared by the County Engineering Department. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve Plan "B" (alternate plan for increased parking) dated 8-12-92 with authority for Staff to adjust planting around the Fire Suppression System if necessary because of placement of generator. Roll call vote was taken with the following results: 92/284 Commissioner Cheal Yes Commissioner Jones Yes Commissioner London No Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Mr. Herman led a discussion concerning extension of the Comp Plan. Motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution which requests the Florida Department of Community Affairs to extend the transmission date of the Comprehensive Plan and the Public Hearing date for the LDR's and setting out the reasons for such request. Roll call vote was unanimous. RESOLUTION NO. 424-1992 See Res. Book No. 110 which is incorporated herein by reference. After discussion, it was decided that the Big Pine School decision of the Board would be done in Resolution form and brought back to the Board for adoption. SOUNDING BOARD Jay Miller of the Islamorada Chamber of Commerce addressed the Board and requested the relocation of the 1-800 TDC telephone lines back to the Islamorada Chamber of Commerce facility so that their 800 lines would ring directly into the Chamber during business hours just as they used to do. After some discussion, the Board recessed so that telephone inquiries could be made to the TDC about this matter. After recess, Commissioner Jones advised that there was going to be a special TDC committee meeting tomorrow regarding the 800 lines problem. Motion was made by Commissioner Stormont that the Board of County Commissioners, subject to a reading of the Tourist Information Service contracts, hereby directs that the TIS contracts between this Board and the Chambers exist as a matter of law and any policy to the contrary is improper. During discussion, the motion was withdrawn. After further discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal that the Board of County Commissioners deems the contracts between the Chambers and this Board concerning Tourist Information Services legally binding and not subject to policy changes by TDC. Motion was made by Mayor Harvey to postpone. Motion died for lack of a second. After further discussion, the County Attorney was directed to send a member of his legal staff to the TDC committee meeting tomorrow and have them report to the Board as quickly as possible. Motion was made by Commissioner Jones and seconded by Mayor Harvey to postpone until 4:00 p.m. tomorrow. Roll call 92/285 vote on the motion to postpone was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion failed. After further discussion, roll call vote on the original motion was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion failed. Cheal No Jones No London No Stormont Yes No Attorney Franklin Greenman addressed the Board regarding a Code Enforcement Lien Foreclosure against his client, Dr. Douglas Graham. Engineering Director Dave Koppel and Code Enforcement Director Marty Arnold addressed the Board. NOTE: Mr. Greenman failed to submit for the record copies of the documentation he gave to the members of the Commission After lengthy discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to remand this matter back to the Code Enforcement counsel for negotiation for settlement for the costs to the County. Dr. Graham addressed the Board. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont No Yes DIVISION OF MANAGEMENT SERVICES Grants Director Mary Broske and Michael Langton addressed the Board regarding a Needs Assessment and Grants Management Plan of Action as prepared by Langton Associates, Inc. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to add to the Agenda consideration 92/286 of a Consulting Agreement with Langton Associates, Inc. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner London to approve and authorize execution of the Consulting Agreement, contingent upon review by the County Attorney. After further discussion between Mr. Langton and members of the Board, motion was made by Commissioner Jones and seconded by Mayor Harvey to postpone this matter to the next meeting. Roll call vote was unanimous. DIVISION OF PUBLIC WORKS Engineering Director Dave Koppel led a discussion concerning the Funding Plan for the Card Sound Road improvements. Lavonne Wisher of Public Financial Management addressed the Board and presented the Financing Options. The following persons also addressed the Board: George Schroeder, David Ritz and H. T. Pontin. After lengthy discussion, motion was made by Commissioner London and seconded by Commissioner Cheal to accept PFM's recommendation and adopt the following course of action: Option 3: Increase tolls in 1992 and 1998 Increase tolls to $1.50 (with discount tickets of $0.80) in 1992 and increase tolls to $2.00 (with discount tickets of $1.00) in 1998; Level debt with current interest bonds; 20 year bond issue; County "covenants to budget and appropriate" any debt service shortfalls. 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. After further discussion, motion was made by Mayor Harvey and seconded by Commissioner Cheal to name William R. Hough Company as the underwriter for a negotiated sale, etc. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Ordinance No. 18-1989, Sec. 2(A), in order to provide 92/287 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; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was noted for the record. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to read by title only. Motion carried unanimously. Proof of publication was entered into the record. There was no public input. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Ordinance CORRECTED to read N-1 figures in the caption and body and to add Section 3 of this Ordinance to state that discount rate for a 2-axle vehicle is $0.80. 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. ORDINANCE NO. 028-1992 See Ord. Book No. 27 which is incorporated herein by reference. A Public Hearing was held to determine whether a 16- foot strip of land between the Southwest corner of Lot 27, Block 8 of the Revised Plat of Tropical Atlantic Shores First Addition and the Northwest corner of Lot 1, Block 2 of Fontaine Lake Estates, Plantation Key, shall be sold to Mr. Stanley Keoskie. Attorney Larry Erskine addressed the Board on behalf of Mr. Keoskie. There was no public input. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the sale contingent upon verification by the County Attorney that the value is in accordance with the appraisal and that there be a deed restriction placed on the property to restrict that area from being used in any calculations of density and that conveyance shall be by quit -claim deed. 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. During discussion, motion was made by Mayor Harvey and seconded by Commissioner Stormont to reconsider the 92/288 previous motion. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was then made by Commissioner Stormont and seconded by Mayor Harvey to approve the sale contingent upon verification by the County Attorney that the value is in accordance with the appraisal. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal No Jones No London Yes Stormont Yes Yes BOARD OF APPEALS A Public Hearing was held to consider an appeal of an alcoholic beverage use permit filed by Nancy L. Snowman, applicant and owner of the restaurant known as "NAN CIS LUNCHBOX"; the Planning commission denied approval of a 2COP (Beer and Wine, on premises and package) Alcoholic Beverage Use Permit to be utilized by said restaurant; the subject property is located at 20 High Point Road, Plantation Key on property described as being a portion of Lots 9 and 13, Randall Adams Subdivision, Section 5, Township 63 South, Range 38 East, Tallahassee Meridian, Plantation Key, Monroe County, Florida, Mile Marker 88.8; the Land Use Designation is Urban Commercial (UC) and the Real Estate number is 418880-00400. Proof of publication was noted for the record. Randy Sadtler, attorney for the applicant, provided the Clerk with an affidavit of compliance and a copy of the receipt showing payment for copies for the appeal packets. Mr. Sadtler then addressed the Board on behalf of the applicant. Assistant County Attorney Garth Coller addressed the Board. Mr. Sadtler rebutted. After lengthy discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to reverse the Planning Commission's decision based on the fact that they did not use experts of any type except a politically appointed reservist and that there was no traffic or parking analysis available to prove the statements, etc. Roll call vote was taken with the following results: 92/289 Commissioner Cheal No Commissioner Jones Yes Commissioner London No Commissioner Stormont No Mayor Harvey Yes Motion failed. After further discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal to uphold the decision of the Planning Commission. 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 DIVISION OF COMMUNITY SERVICES Airport Director Art Skellly addressed the Board regarding the closeout of certain FAA Grants. Motion was made by Commissioner Jones and seconded by Commissioner London to close out the following FAA Grants: 3-12-0037-02 - Key West Master Plan 3-12-0037-03 - Key West NCP 3-12-0044-06 - Marathon NCP and directed that an insert sheet be put in every copy of the Key West Master Plan stating the circumstances under which the Board was accepting the Master Plan. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont No Yes Mr. Skelly introduced Orlando Cruz of Greiner to discuss a draft Rates & Charges Study and sample lease form for airlines operating at the Key West International and Marathon Airports. Representatives of ComAir and USAir also addressed the Board. After lengthy discussion, motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the Lease Agreements in concept and the square footage rates to be increased by ten percent over last year. Motion was made by 92/290 Commissioner Stormont to amend to add that the Board is working toward the Future Facilities Projected Rates found on Pages 54 and 62 of the Rates and Charges Study Draft Report dated July 1992. The amendment was accepted by the maker and made part of the original motion. Roll call vote was unanimous. Presentations to the Board were made by representatives of Central Parking System and Republic Parking System, respondents to the Request For Proposals to manage Airport Terminal Parking Facilities at the Key West International Airport. After the presentations, the Board announced that the selection process would be by ranking the 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 Central 2 2 2 2 2 10 Republic 1 1 1 1 1 5 The Clerk announced the results of the tabulation which named Republic Parking System as the successful firm. Motion was then made by Commissioner Cheal and seconded by Commissioner London to authorize Staff to enter into contract negotiations with Republic Parking System. Motion carried unanimously. COUNTY ADMINISTRATOR The Board proceeded with the Budget Workshop to discuss the Tentative Fiscal Year 1993 Budget. The following persons addressed the Board: Catrina Rawson of the Upper Keys Youth Club who presented more than one hundred letters from Upper Keys teenagers requesting the Board's assistance in establishing a proper youth club for them, Joe Bell, H. T. Pontin, and Tyler Hill of the Florida Keys Youth Club. The County Administrator supplied the Board with information previously requested concerning the recommendations of Monroe County United. Commissioner Jones directed that the Administrator supply at next week's Budget Hearing the total sum which would be needed to supply a three percent Cost Of Living Allowance to those employees whose salaries were below $30,000; and also that total sum required to supply a three percent Cost Of Living Allowance to all employees and the result of dividing that figure equally among all employees. Commissioner Stormont directed that all Fund balances be checked to see that they are not in excess. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones to eliminate the Cost Of Living Allowance from all employees County -wide. During discussion, 92/291 motion was made by Mayor Harvey to amend to include that the members of the Board of County Commissioners offer their raises back to the State to the General Revenue Ad Valorem. The amendment was accepted by the maker and seconder and made part of the original motion. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey No Motion failed. After further discussion, motion was made by Commissioner London and seconded by Commissioner Jones to direct the County Administrator to adjust the current Tentative Budget to reduce the budget of the Mental Health Clinics by $100,000. Drs. David Rice and Marshall Wolfe addressed the Board. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal No Jones Yes London Yes Stormont No Yes PUBLIC HEARINGS A Public Hearing was held regarding the proposed Fiscal Year 1992-1993 Residential Solid Waste Collection, Recycling and Disposal Rates. Proof of publication was noted for the record. Environmental Management Division Director Barry Boldissar addressed the Board. F. W. Lyle addressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to continue to the next scheduled Public Hearing. Motion carried unanimously. A Public Hearing was held regarding the proposed Fiscal Year 1992-1993 Commercial Solid Waste Collection, Recycling and Disposal Rates. Proof of publication was noted for the record. Environmental Management Division Director Barry Boldissar addressed the Board. F. W. Lyle addressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to continue to the next scheduled Public Hearing. Motion carried unanimously. 92/292 DIVISION OF GROWTH MANAGEMENT Mark Rosch addressed the Board. After lengthy discussion, motion was made by Commissioner London and seconded by Commissioner Stormont adopting the 1992 Annual Assessment of Public Facilities Capacity pursuant to Section 9.5-291, et. seq., Monroe County Land Development Regulations. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal No Jones No London Yes Stormont Yes Yes RESOLUTION NO. 425-1992 See Res. Book No. 110 which is incorporated herein by reference. Division Director Bob Herman addressed the Board regarding the initiation of an amendment to the Land Development Regulations authorizing the County Commission to enter into Development Agreements that meet the requirements of the Florida Local Government Development Act, Sections 163.3220 - 163.3243, F.S. After lengthy discussion, motion was made by Commissioner London and seconded by Mayor Harvey to accept Staff recommendation and grant approval to initiate the text amendment process pursuant to the requirements set forth int he Land Development Regulations. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion failed. Cheal No Jones No London Yes Stormont No Yes The Board discussed selection of a review committee for the purpose of evaluating statements of qualification received for wetland delineation tasks as part of the Advance Identification of Wetlands (ADID) project. Staff recommended selection of a committee familiar with wetland delineation and vegetative communities. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept Staffs recommendation of a committee to be made up of the following members: 92/293 Ed Kloski, Monroe County Planning Commissioner Jim Miller, Monroe County Planning Commissioner Ann Lazar, Planning Manager, Florida DNR, State Lands R. J. Helbing, Environmental Administrator, Florida DER Pat McNeese, Dir., Monroe County Environmental Resources and which committee will rank the RFQ respondents and make a recommendation back to the Board. Roll call vote was unanimous. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to grant approval to pursue grant funding for a joint project between the University of Florida/Sea Grant and Monroe County entitled "Implementation of a Sustainable Coastal Planning Method for the Florida Keys with National Application". During discussion, motion was made by Commissioner London and seconded by Commissioner Cheal to postpone. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones Yes London Yes Stormont No No Motion was made by Commissioner Cheal and seconded by Commissioner London to adopt the following Resolution authorizing execution of a Contract Amendment to an existing Interagency Agreement with the Monroe County Property Appraiser, the Florida Keys Aqueduct Authority, and the Utility Board of Key West (City Electric System) in order to provide for an interlocal service fund to simplify collections and payments under the existing Agreement. Roll call vote was unanimous. RESOLUTION NO. 426-1992 See Res. Book No. 110 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to approve and authorize execution of Licensing Agreement with ESRI for ARC/INFO software (funding already allocated through Data General Corporation Contract). 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. 92/294 Division Director Bob Herman addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Stormont to approve and authorize execution of a Retainer Agreement with the firm of Apgar & Theriaque for representation in the case of DCA vs. Monroe County (Comprehensive Plan litigation). 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. COMMISSIONERS' ITEMS Mayor Harvey reported to the Board on the recent workshop she attended regarding the Sadowski Affordable Housing Act. There being no further business, the meeting was adjourned.