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10/26/1992 Regular�r 92/375 MINUTES ! OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Monday, October 26, 1992 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date in Courtroom B at the Courthouse Annex 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; Tom Brown, County Administrator; County Staff; members,of the Press and Radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by,Commissioner Jones and seconded by Mayor Harvey to approve additions, corrections and deletions to the Agenda. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman discussed Resolution No. 304-1990 related to the dock permitting policy. After discussion, motion was made by Commissioner London and seconded by Commissioner Jones to send Division Director Herman to Tallahassee for an audience with the Secretary of the Florida Department of Community Affairs regarding this matter. Commissioner Cheal and Lorenzo Aghemo addressed the Board. Roll call vote was unanimous. Mr. Herman and the'Board discussed the fourth draw of the contract with Wallace -Roberts -Todd. Motion was made by Commissioner Cheal and seconded by Commissioner London to postpone until the arrival of'Attorney,Jimmy Hendrick later in the day. Motion carried unanimously. 92/376 SOUNDING BOARD f Faye and Thomas Daniels addressed the Board concerning a Code Enforcement lien on the property located at 20 Spanish Channel Drive, No Name Key. 'Growth Management Division Director Bob Herman addressed the Board concerning his memorandum dated October 21st. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to approve the following Option (A)(3) in Mr. Herman's October 21st memorandum as relates to the permit: The Board, after review of all the testimony and documents, may determine that the Daniels' building permit has been being carried on progressively in a substantial manner; such a determination would allow the Daniels' to provide a sealed structural engineer's report which would enable them to obtain a Certificate of Occupancy without the payment of any building fees or impact fees. This would also require a determination that, because there had been a building permit reinstatement in 1984, the Board of County Commissioners has determined that the authority to retain jurisdiction has not been subordinated to the current Land Development Regulations. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Motion was then made by Commissioner Jones and seconded by Commissioner Cheal to approve the following (B)(1) in Mr. Herman's October 21st memorandum as relates to Code Enforce- ment Liens: Inform the Daniels' that you are going to defer any action until a settlement is recommended by the law firm of Frigola, DeVane, et al. Roll call vote was taken unanimous. Motion was also made by Commissioner London and seconded by Commissioner Jones to ask Code Enforcement to come back with recommendations on Code violations that would incur some sort of cap. Roll call vote was unanimous. Dr. Katherine Hoover and her husband, John Tomasic, addressed the Board regarding complaints concerning County Staff 3 92/377 members. No official action was taken. Ed Hubschmitt of the Alliance on Aging concerning senior citizens. No official action was taken. DIVISION OF GROWTH MANAGEMENT Attorney Jimmy Hendrick addressed the Board regarding the following: Lujan Estate vs. Monroe County; Sunshine Key Resort; Hill-Rhodus-Gunn - Marathon Seafood; Kawama Marina; Borrow Pits; Key Colony Beach Marina; Holiday Isle; Methodology to fund ROGO. Mr. Hendrick and the Board then discussed full payment of the fourth draw of a five -draw contract with Wallace -Roberts - Todd for services related to the Comprehensive Plan in the amount of $235,800. Motion was made by Commissioner London and seconded by Commissioner Stormont to pay Wallace -Roberts -Todd the monies as required by the contract and include the language that it is conditioned on a waiver by Wallace -Roberts -Todd of any claim for additional compensation for services performed to date on the Comprehensive Plan. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion failed. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to re -agenda this matter for the next meeting of the Board so that the documents may be received and reviewed. 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 v n DIVISION OF PUBLIC WORKS The Board discussed the presentations to be made by respondents for the food concession located at Clarence S. Higgs Beach. Mr. Pierce advised that he had been informed that Wade I 92/378 Grassedonio had withdrawn his bid by phone. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to accept the presentations in alphabetical order. Motion carried unanimously. Presentations were then made by John Dedek/John Dedek, Jr; and by Richard W. Rothenberger/William D. Bickford. 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 Dedek/ Dedek 1 1 1 2 2. 7 Rothenberger/ Bickford 2 2 2 1 1 8 The Deputy Clerk announced the results of the tabulation which named John Dedek/John Dedek,.Jr. as the successful firm. Motion was then made by Commissioner Jones and seconded by Commissioner London to authorize negotiation with the Messrs. Dedek. Motion `-= carried unanimously with Commissioners Cheal and Stormont not present. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Resolution authorizing execution of an Agreement between the Florida Department of Community Affairs, Monroe County and Key Largo Palm, Inc. concerning Lot 3, Block 2, Pamela Villa Subdivision, Monroe County, Florida, and located at approximate Mile Marker 102.5. Roll call vote was unanimous. RESOLUTION NO. 498-1992 See Res. Book No. 111 which is incorporated herein by reference. Division Director Herman and the Board entered into a discussion regarding Ordinance No. 006-1992 concerning Builder/ Owner Permits. After lengthy discussion, motion was made by Commissioner Jones and seconded by Commissioner London directing that charges for permits based on square footage be brought back to the Board on CBS, Framed, Screened or equivalent, and then Open. Roll call vote was taken with the following results: 4 92/379 Commissioner Cheall No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Staff was also directed to clarify "normal maintenance". PUBLIC HEARINGS A Public Hearing was held regarding a proposed Ordinance creating Sec. 6-16.3, Monroe County Code, by an Ordinance adopting the 1991 Edition of the Standard Swimming Pool Code as the Standard Code applicable in the Unincorporated Areas of Monroe County; 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 Jones and seconded by Commissioner Cheal 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 Cheal and seconded by Mayor Harvey to adopt the following Ordinance. -" Motion carried unanimously. ORDINANCE NO. 034-1992 See Ord. Book No. 28 which is incorporated herewith by reference. A Public Hearing was held regarding a proposed Ordinance amending Sec. 6-206, Monroe County Code, by an Ordinance adopting the 1991 Edition of the Standard Gas Code with 1992 amendments as the Standard Code applicable in the Unincorporated Areas of Monroe County; 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 Jones and seconded by Commissioner Cheal 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 Cheal to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 035-1992 See Ord. Book No. 28 which is incorporated herewith by reference. A Public Hearing was held regarding a proposed Ordinance repealing Sections 6-108 through 6-166, Monroe County Code; adopting the 1989 Edition of the Monroe County Electrical Code Supplement as the Standard Code applicable in the 5 i !I 92/380 Unincorporated Areas of Monroe County; 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 Jones and seconded by Commissioner Cheal 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 Cheal to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 036-1992 See Ord. Book No. 28 which is incorporated herein by reference only. A Public Hearing was held regarding a proposed Ordinance amending Sec. 6-271(A), Monroe County Code, by an Ordinance adopting the 1991 Edition of the Standard Plumbing Code with 1992 amendments as the Standard Code applicable in the Unincorporated Areas of Monroe County; and repealing Sec. 6-272, Monroe County Code; 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 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 Mayor Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 03771992 See Ord. Book No. 28 which is incorporated herein by reference only. A Public Hearing was held regarding a proposed Ordinance amending Sec. 6-25.6, Monroe County Code, by an Ordinance adopting the 1991 Edition of the Standard Mechanical Code with 1992 Amendments as'the Standard Code applicable in the Unincorporated Areas of -Monroe County; and repealing Sec. 6-257, Monroe County Code; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation onto the Monroe County Code; and providing an effective date. Proof of publication was noted for the record. Motion was made by Commissioner Jones and seconded by Commissioner Cheal 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 Cheal and seconded by Mayor Harvey to adopt the following Ordinance. Motion carried unanimously. 1 92/381 ORDINANCE NO. 038-1992 See Ord. Book No. 28 which is incorporated herein by reference only. A Public Hearing was held regarding a proposed Ordinance revising Sec. 6-16.1(9), Monroe County Code, by an Ordinance adopting the 1990 Edition of the Accessibility Requirements Manual as specified by the Florida Board of Building Codes and Standards Accessibility Requirements - Part V, Chapter 553 F.S. as the Standard Code applicable in the Unincorporated Areas of Monroe County; 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 Mayor Harvey and seconded by Commissioner Stormont 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 adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 039-1992 See Ord. Book No. 28 which is incorporated herein by reference only. COUNTY ADMINISTRATOR The.Board entered into a discussion of possible requests for special legislative issues and appropriations of the Florida Legislature. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to request that the Legislative Delegation attempt to obtain at least an 85% cap on the County's contribution to the cost of operating the Monroe County School System. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Mayor Harvey to request enabling legislation to be passed regarding the Constitutional Amendment concerning unfunded mandates. Roll call vote was unanimous. Motion was made by,,Commissioner Cheal and seconded by Commissioner London to request increased State funding in compensation for lost ad valorem revenues on property owned by the State of Florida in Monroe County, an Area of Critical State Concern. Roll call vote was unanimous. Motion was made by,Commissioner Cheal and seconded by Commissioner Jones that the Board approve in concept and refer to Staff to be put into proper language and sent to request 92/382 sponsorship of a LegislativeiResolution requesting Congress to increase the amount of payment in lieu of taxes for areas that are substantially surrounded. -by a Federal Sanctuary to offset the cost associated with being preserved for the good of the nation; the amount paid the local government should be equal to the ad valorem taxes that would have been levied each year had the property remained on the tax rolls and assessed at fair market value. Motion carried unanimously. Motion was made by Commissioner Cheal to request sponsorship of the North Key Largo Scenic Highway proposal. Motion died for lack of a second. Motion was made by; Commissioner Cheal and seconded by Commissioner Jones to request sponsorship of'the creation of a Highway Corridor Authority. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion failed. Cheal, Yes Jones, No London Yes Stormont No No Motion was made by',Commissioner Cheal to request sponsorship of a legislative.change to allow more local flexibility for use of tourist tax in support.of facilities and services that are in support,of tourism. Motion died for lack of a second'. Motion was made by Commissioner Cheal to request sponsorship of a change in Code Enforcement laws, requesting that State law be changed to require recovery of Code Enforcement costs identifiable to a case'if there is a finding of guilt. The County Attorney addressed the Board. Motion was withdrawn. Motion was made by -Commissioner Stormont and seconded by Commissioner Jones to direct the County Administrator'to transmit the Board's desires'to the Legislative Delegation. Roll call vote was unanimous. Motion was made by,Commissioner Cheal and seconded by Commissioner Jones to approve ad authorize execution of the Bond for Mayor Harvey. Roll call vote was unanimous. M Motion was made by',Commissioner Jones and seconded by Commissioner London to approve the Mayor's Proclamation urging all parents to encourage their children to observe Friday, October 30, 1992 for Tricking and Treating for Halloween. Roll call vote was unanimous. 92/383 There being no further business, the meeting was adjourned.