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12/08/1992 RegularR E V I S E D MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/441 Regular Meeting Board of County Commissioners Tuesday, December 8, 1992 Key Colony Beach,. A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. Present and answering to roll call were Commissioners Earl Cheal, Shirley Freeman, Wilhelmina Harvey, Mary Kay Reich, and Mayor Jack London. 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve payment of outstanding invoices to the law firm of Morgan and Hendrick as Special Litigation Counsel to the Board for Fiscal Year 192 in the amount of $21,816.71. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve a Letter of Agreement with the law firm of Morgan and Hendrick to act as Special Litigation Counsel to the Board and Special Counsel for Monroe County for legislative and State Agency matters for fiscal year 1992-93 with an amendment not to exceed $200,000. Roll call vote was 92/442 Special Litigation Counsel Jim Hendrick addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to approve and authorize for execution a revised settlement agreement affecting Twin Harbors, Inc., a Florida Corporation ("Twin Harbors"), Monroe County, a political subdivision of the State of Florida, and the Florida Department of Community Affairs ("DCA"). Roll call vote was unanimous SOUNDING BOARD Mr. Hubert Gotzes of the Marathon Yacht Club addressed the Board and presented preliminary plans for minor renovations to the Marathon Yacht Club. Motion was made by Commissioner Harvey and seconded -by Commissioner Reich to approve the preliminary plans in concept. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal No Freeman Yes Harvey Yes Mary Kay Reich Yes Yes Mr. Harry E. Mahoney addressed the Board concerning Monroe County Board Of County Commissioners being composed of five single member districts for the election of County Commission members. No official action was taken. Mr. James C. Morton addressed the Board concerning a possible concession at Caloosa Beach. Motion was made by Commissioner Reich and seconded by Commissioner Cheal authorizing the staff to prepare a Request For Proposals concerning a concession and maintenance services at Caloosa Beach. During discussion, the motion was withdrawn. Motion was then made by Commissioner Reich and seconded by Commissioner Harvey to direct Staff to prepare a needs assessment for the provision of concession and maintenance services at Caloosa Beach. Roll call vote was unanimous. Ms. Carol Propper addressed the Board concerning citizens, communications with Commission members. No official action was taken. COUNTY ADMINISTRATOR County Administrator Tom Brown discussed revisions to 92/443 the Monroe County Capital Improvements Plan. Mr. Brown and County Clerk Danny Kolhage discussed the eminent completion of the Public Records Building and the space being vacated in the Clerk's Office in the old Courthouse building in Jackson Square. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman authorizing the firm of Gonzalez Architects to provide space planning services in reference to the Clerk's Office in the Old Courthouse in Jackson Square for an amount not to exceed of $5,000.00 in accordance with their existing contract. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to continue further consideration of the Capital Improvements Plan to January 18th so that the Constitutional Officers could be present. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance providing that the Board of County Commissioners of Monroe County, Florida, may, by Resolution, authorize reimbursement for moving expenses to the newly employed Solid Waste Operations µ Manager of Environmental Management, Guy McMahan, in an amount not to exceed $5,000.00; providing for the cost of packing and shipment of household goods; for reimbursement of travel and per diem expenses; providing for certain restrictions on such compensation; providing for repeal of all Ordinances inconsistent herewith; and providing an effective date. Proof of Publication was noted for the record. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey 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 Commissioner Harvey to adopt the following Ordinance. Roll call vote was unanimous: ORDINANCE NO. 041-1992 See Ord. Book No. 28 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending sections 6-16, Monroe County Code, in order to adopt the 1991 Standard Building Code with 1992 Amendments as the Building Code for the unincorporated area of Monroe County, Florida; providing for severability; providing for repeal of 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 Harvey 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 Commissioner Freeman to adopt the following Ordinance. Growth Management Director Bob 92/444 Herman addressed the Board. Bill Smith of the Florida Keys Contractors Association addressed the Board. Roll call vote adopt was unanimous. ORDINANCE NO. 042-1992 See Ord. Book No. 28 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Sec. 6-107(A), Monroe County Code, by an Ordinance adopting the 1992 edition of the National Electric Code, except as modified by the Board of County Commissioners, 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 Cheal and seconded by Commissioner Harvey to read by title only. The County Attorney read by title only. Motion carried unanimously. The County Attorney read by title only. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 043-1992 See Ord. Book No. 28 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance creating Chapter 2, article XXII, Monroe County Code, entitled Debarment or Suspension by the Chief Procurement Officer and outlining a procedure for the suspension and disqualification of persons for cause from County contracts; 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 Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. Bill Smith of the Florida Keys Contractors Association addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to continue to January 19th, at 3:00 p.m. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Growth Management Director Bob Herman addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution of the Board of County Commissioners of Monroe County, Florida, authorizing the Mayor to execute, on behalf of Monroe County, an agreement between the Florida Department of Community Affairs, 92/445 Monroe County, Sunday Bay and Peter Clasca General Contractor Corporation concerning a.portion of tract 5 of Mandalay Subdivision, Key Largo, Monroe County, Florida, and located at approximate mile marker 97.7. Roll call vote was unanimous. RESOLUTION NO. 585-1992 See Res. Book No. 112 which Js incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution by the Monroe County Board of Commissioners affirming Planning Commission Resolution No. P32-92 granting a change to an existing Development Order for the request filed by Raybob, Inc. DBA Italian Fisherman Marina for approval of a change to an existing major conditional use allowing expansion of the Marina, which will include an additional bathroom and the new addition of a 4,868 square foot storage building. The property is located at 10400'0 U.S.1 Overseas Highway, and is described as being situated in Section 11, Township 61 South, Range 39 East, Tallahassee Meridian, Key Largo, Monroe,County, Florida. Roll call vote was unanimous. RESOLUTION NO. 586-1992 See Res. Book No. 112 which is incorporated herein by reference. Environmental Resources Director Pat McNeese addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to reduce the funding in the grant agreement with EPA concerning the Advanced Identification, (ADID) Project in the amount of $25,000.00 and to delete the associated task. Roll call vote was unanimous. Planning Director Lorenzo Aghemo addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Reich for approval of three Affordable Housing Restrictive Covenants, submitted by Habitat for Humanity; one proposed Affordable Housing'by John & Anne Larocco; and, one dedication of land for conservation purposes proposed by Mark Finigan. The Restrictive Covenants for Affordable Housing have been completed and filed by the applicants under the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance No. 016-1992), and the County's,Land Development Regulations. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey for approval of a Planning Commission recommendation regarding excess allocation of awards for the 1st quarter, July 13 through October 13, 1992, under the dwelling unit allocation ordinance (ROGO). Roll call vote was unanimous. Board returned to a discussion of Affordable Housing and Restrictive.Covenant Procedure. Motion was made by 9 I a REVISION 92/446 and Restrictive Covenant Procedure. Motion was made bye Commissioner Freeman and seconded by Commissioner Cheal to direct Staff to develop methods to close the loop hole in reference to potential violations of Affordable Housing Deed Restrictions and report back to the Board at the next meeting. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to set agenda item 0-5 scheduled for the meeting of December.9, 1992 to a time certain of 3:00 p.m. Motion carried unanimously. Mr. Herb Pontin addressed the Board concerning the status of contract negotiations for wetland delineation tasks to be performed as part of the Advanced Identification (ADID) Project pursuant to a grant contract with the U.S. Environmental Protection Agency (EPA). CODE ENFORCEMENT Community Services Director Peter Horton and Code Enforcement Director Marty Arnold addressed the Board concerning Code Enforcement concerns with the proposed new Land Development Regulations. PUBLIC HEARING A Public Hearing.was held to consider a Budget Amendment to the One -Cent Infrastructure Capital Projects Fund #304 for Fiscal Year 1993. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution approving the One -Cent Infrastructure Capital Projects Fund #304. Roll call vote was unanimous. RESOLUTION #587-1992 See Res. Book No. 112 which is incorporated herein by reference. COUNTY ADMINISTRATOR i Mr. Herb Pontin addressed the Board. County Administrator Tom Brown addressed the Board concerning his recommendations on the procedure to begin selection of a new Monroe County Administrator upon Mr. Brown's retirement. Motion (, ) was made by Commissioner Freeman and seconded by Commissioner Cheal to appoint a County Administrator Selection Committee with 92/447 Freeman to develop a mission statement for the Committee for consideration by the full Board. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve the proposals for advertisements for filling the position of County Administrator in the following professional journals, magazines, and newspapers: ICMA NEWSLETTER THE COUNTY REPORTER THE KEY WEST CITIZEN CITY & STATE FCCMA NEWSLETTER THE KEYNOTER u THE REPORTER THE MIAMI HERALD GOVERNING MAGAZINE Motion carried unanimously. Motion was made by Mayor London and seconded by Commissioner Harvey to approve a cut-off date for applicants for the position of County Administrator at March 15, 1993. Motion carried unanimously. There being no further business, the meeting was adjourned.