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04/20/1994 Regular 94/113 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, April 20, 1994 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 9: 00 A.M. , on the above date, at the Key West Holiday Inn Beachside. Present and answering to roll call were Commissioners Earl Cheal, Mary Kay Reich, Wilhelmina Harvey, and Mayor London. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Randy Ludacer, County Attorney; James Roberts, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Harvey granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Harvey and seconded by Commissioner Reich to adopt the following Resolution recognizing an event that occurred on the 23rd of April, 1982, in Key West, Florida, as having significance throughout the Florida Keys, and resolving herein that Dennis Wardlow indeed spoke for all of the Keys when he proclaimed the Conch Republic. Motion carried unanimously. RESOLUTION NO. 124-1994 See Res. Book No. 121 which is incorporated herein by reference. BULK APPROVALS Motion was made byCommissioner Harveyand seconded by Commissioner Reich to approve the following items by unanimous 94/114 consent: Board granted approval to lease a Xerox Model #5388HCS copy machine at a cost of $785. 00 per month (plus supplies and maintenance for a total outlay of approximately $1,428.53 per month) for the Growth Management Division, Marathon Office. Board granted approval of a Flood Variance Application of David Hawker, for a 456 square foot detached garage enclosure below base flood elevation, for parking only on property located on the north 1/2 of Lot 16 and Lot 21, Channel Cay, Plat No. 4, Ocean Reef, Key Largo, Coastal Flood Zone AE 10 ' , Panel 1492G/LOMR. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Board granted approval and authorized execution of Change Order No. 01-016-005 to D.L. Porter Construction's Contract No. KJ-016, Masonry, in the increased amount of $1, 175. 00 for the New Detention Facility. Board granted approval authorized negotiation of Contract FC-101, Design for the renovation of Conch Key Fire and Rescue Facility with Currie Schneider Associates, in an amount not to exceed $10, 000. 00. Board granted approval and authorized execution of Change Order No. 24-002-004 to D.N. Higgins, Inc. 's Contract No. MA-002, Sitework, in the increased amount of $1,321. 10 for the Marathon Airport. Board granted approval and authorized execution of Change Order No. 01-008-014 to J.F. Hoff Electric's Contract No. KJ-008, Prime Electrical, in the increased amount of $2,596.00 for the New Detention Facility. Board granted approval and authorized execution of Addendum to Article 12 of Currie Schneider & Associates Contract FF-102, in the amount of $36, 326. 00, for an alternate deign for the Key Largo Fire Facility. Board granted approval and authorized execution of Change Order No. 01-008-013 to J. F. Hoff Electric's Contract No. KJ-008, Prime Electrical, in the increased amount of $1,816.00 for the New Detention Facility. Board granted approval and authorized execution of Change Order No. 01-010-017 to Lake Plumbing's Contract No. KJ- 010, Prime Plumbing, in the increased amount of $1, 472 . 00 for the New Detention Facility. 94/115 Board granted approval and authorized execution of Change Order No. 01-010-018 to Lake Plumbing's Contract No. KJ- 010, Prime Plumbing, in the increased amount of $649 . 00 for the New Detention Facility. Board granted approval of Renovation Scheme 2 and construction budget of $3 , 116,546. 00 for renovation of Truman School, remodeling of first floor to accommodate the Tax Collector, remodeling of the second floor for office space; and for the architect to proceed to subsequent phases of design. COMMISSIONERS' ITEMS Board granted permission for the Public Works Department to provide the Coast Guard Station in Islamorada with a dump truck for delivery of sand. Board granted approval of Commissioner Cheal 's nomination of the appointment of Sally Mishmash to the Equity Study Commission. Motion carried unanimously. ENVIRONMENTAL MANAGEMENT Environmental Management Director, Barry Boldissar, discussed Solid Waste Collection Contracts for Fiscal Year 1995. Mr. Boldissar discussed public meetings recently held concerning solid waste collection, the establishing of profits that would be allowed to franchise operators for solid waste collection, and Monroe County being nominated for the Governor's Environmental Educational Awards for the Project Earthbound Show and the Business of the Week Program. SOUNDING BOARD Mike Hunt, Community Services Director, Peter Horton, and Airports Director, Art Skelly, addressed the Board, concerning airport issues. The following individuals also addressed the Board: David Wiseman, Walt Wyatt, and R.L. Blazevic. After discussion, motion was made by Mayor London and seconded by Commissioner Cheal directing the County Attorney to prepare a Resolution for adoption directed to Congressman Peter Deutsch expressing concern about allegations concerning the 94/116 installation of radar at the Key West International Airport. Roll call vote was unanimous. RESOLUTION NO. 125-1994 See Res. Book No. 121 which is incorporated herein by reference. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Motion was made by Commissioner Reich and seconded by Commissioner Cheal to reconsider Agenda item I-9 concerning the approval of Renovation Scheme 2 and construction budget of $3 ,116,546. 00 for renovation of Truman School, remodeling of first floor to accommodate the Tax Collector, remodeling of the second floor for office space; and for the architect to proceed subsequent phases of design. Motion carried unanimously. (This item was reconsidered later in the meeting) . PUBLIC HEARINGS A Public Hearing was held concerning the adoption of an Ordinance adopting and enacting new provisions for the protection of sea turtles, Providing definitions, Prohibiting certain activities disruptive to seaturtles, Providing special lighting restrictions during nesting season, Providing standards for mechanical beach cleaning, Providing for prevention of animal predation of sea turtles, Providing penalties, Providing for conflicting provisions of law, Providing for severability in the event of partial invalidity, Providing for applicability throughout the unincorporated areas of Monroe County, Directing that copies of this ordinance be filed with the Department of Environmental Protection and the Department of State, Providing an effective date and for codification. The following individuals addressed the Board: Environmental Resources Director, Pat McNeese; Blair Witherington, representing the Florida Marine Research Institute; Pat Wells, representing Save-A-Turtle/Florida Park Service; John Rolli, representing the Sugarloaf Shores Property Owners Association; Phyllis Gallagher, representing Save-A-Turtle, Marcy Roth, representing the Center for Marine Conservation; and Tina Brown, representing the Turtle Hospital. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Ordinance, as amended. Said amendment as follows: Page 5, Section 7. Add the words "Notwithstanding the provision of this 1 94/117 Section 7, no such prosecution or Code Enforcement proceeding may be brought prior to one (1) year from the effective date of this Ordinance" , at the end of the paragraph. ORDINANCE NO. 008-1994 See Ord. Book No. 32 which is incorporated herein by reference. Roll call vote was unanimous. GROWTH MANAGEMENT Hugh Morgan, of the lawfirm of Morgan & Hendrick, discussed the 1994 Legislative Session in regards to the Florida Bay bill. PUBLIC HEARINGS A Public Hearing was held concerning the adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to Ocean Boulevard, Albury Street and an alley in New Tavernier Section, South Beach, Key Largo. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Resolution. Pat Saunders, addressed the Board. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. RESOLUTION NO. 126-1994 See Res. Book No. 121 which is incorporated herein by reference. A Public Hearing was held concerning the adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of Evergreen Court, Key Haven Tenth Addition, Key Haven. Attorney Bill Spottswood, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Cheal to adopt the following Resolution, per Staff recommendation. Roll call vote was unanimous. RESOLUTION NO. 127-1994 Imo; See Res. Book No. 121 which is incorporated herein by reference. 94/118 A Public Hearing was held concerning the adoption of a Resolution renouncing and disclaiming and right of the County and the public in and to a portion of Key Haven Road and a 15 foot drainage easement, Key Haven Tenth Addition, Key Haven, Monroe County, Florida. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Resolution. RESOLUTION NO. 128-1994 See Res. Book No. 121 which is incorporated herein by reference. Roll call vote was unanimous. A Public Hearing was held concerning the adoption of an Ordinance repealing Ordinance No. 015-1992 and Ordinance No. 034- 1993 that created the Mariners Hospital Health Care Special Taxing District whose purpose was to impose an Ad Valorem Tax on real property in the Upper Keys for the construction and purchase of various improvements for Mariners Hospital; Providing for severability; Providing for repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. There was no public input. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt the following Ordinance. _ ORDINANCE NO. 009-1994 See Ord. Book No. 32 which is incorporated herein by reference. A Public Hearing was held concerning the adoption of an Ordinance creating a boating restricted area (Idle Speed/No Wake Zone) for the near shore waters adjacent to the Ocean Reef Community, Key Largo; Providing for definitions, Providing that Monroe County agrees to hold the Florida Department of Natural Resources harmless from any liability incurred from the negligent posting of boating restricted markers; Providing for violations; Providing for exemptions; Providing for severability; Providing for repeal of ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to continue this matter to the next regularly scheduled meeting in Key Largo, on May 17, 1994 at a time certain of 11: 00 a.m. Motion carried unanimously. GROWTH MANAGEMENT Special Litigation Counsel, James T. Hendrick, discussed a request for variance to permit expiration under Section 1(f) (1) and Section 1(f) (4) of Ordinance No. 004-1994 for Permit No. C-9030 issued on February 2, 1981 to Mr. Frank Areces, Sr. , for the placement of a mobile home on stilts on Lot 20, Block 1, Blue Waters Trailer Village in order to complete a 94/119 single family CBS structure on the property instead of the mobile home which was originally permitted in 1981. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to continue this matter to the next regularly scheduled meeting in Key Largo, on May 17, 1994 . Motion carried unanimously. Mr. Hendrick and Albert Wirth, addressed the Board concerning Mr. Wirth's request for variance to permit expiration under Section 1(f) (4) of Ordinance No. 004-1994 for Permit No. 8910002375 issued on November 22, 1982 for the construction of a single family residence on Tract SP, Pine Key Acres, Big Pine Key. Motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval of Permit #8910002375 to receive the next required inspection within twelve (12) months. Motion carried unanimously. Mr. Hendrick and Paul Watler, addressed the Board concerning Mr. Watler's request for variance to permit expiration under Section 1 (f) (4) of Ordinance No. 004-1994 for Permit No. 9110003532 issued on July 31, 1992 to Mr. Watler for the construction of a single family residence on property located at Lot 36, Summerland Estates, Summerland Key. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval of Mr. Watler's Permit #9110003532 due to the following reasons: 1. The loss of $15,000. 00 already invested 2. The loss of many hours of work 3 . Mr. Watler may have to leave Monroe County Roll call vote was unanimous. COMMISSIONERS' ITEMS City Electric General Manager, Robert Padron, briefed the Board on the proposed fiberoptic cable system. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of a letter of support pending the County Administrator's approval concerning the proposal. Roll call vote was unanimous. Commissioner Freeman discussed the terminal design at the Key West International Airport. The following individuals addressed the Board: Mike Dively, Community Services Director, Peter Horton; The Reverend Dr. Patricia Geerdes, representing Holy Innocents and St. Peter's Churchs; Jeane Porter, Michael Ingram, representing the Key West Business Guild; Bill Horn, Sam Maxwell, 94/120 and Sam Herr. No official action was taken. CONSTRUCTION PROGRAM MANAGEMENT - MK/G Jose A. Gonzalez, AIA, addressed the Board. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Reich granting approval of Renovation Scheme 2, and directing the County Administrator to coordinate with the Architect, to review options including costs for the second floor, and bring back the recommendations to the next meeting. The board also granted approval of the construction budget in the amount of $3, 116,546.00 for the renovation of Truman School, the remodeling of the first floor to accommodate the tax collector, the remodeling of the second floor for office space; and approval for the architect to proceed to the subsequent phases of design. Roll call vote was unanimous. Project Manager, Larry Keys, addressed the Board. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Reich to table the following items: Agenda item I-10 Authorization to negotiate Contract CK-101, Design, for the Crawl Key Fire Training Facility with Currie Schneider Associates, in an amount not to exceed $15,000. 00. Agenda item I-il Authorization of expenditures for Petshe & Associates to provide surveying services for the Crawl Key Training Facility, in an amount not to exceed $5, 000.00. Agenda item I-12 Authorization of expenditures for PSI to provide subsurface investigation services for the Crawl Key Training Facility, in an amount not to exceed $3 , 000. 00. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor Pro tem Cheal Yes Motion carried, with Mayor London not present. Sheriff Richard D. Roth, addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Cheal granting approval of a request for conceptual approval for the use of a specific piece of property located on Crawl Key, that currently belongs to the County for a firing range, pending financing and approval of permits. Motion carried unanimously. 94/121 Motion was made by Commissioner Cheal and seconded by Commissioner Reich to reconsider the following agenda items: Agenda item I-10 Authorization to negotiate Contract CK-101, Design, for the Crawl Key Fire Training Facility with Currie Schneider Associates, in an amount not to exceed $15, 000. 00. Agenda item I-11 Authorization of expenditures for Petshe & Associates to provide surveying services for the Crawl Key Training Facility, in an amount not to exceed $5, 000. 00. Agenda item I-12 Authorization of expenditures for PSI to provide subsurface investigation services for the Crawl Key Training Facility, in an amount not to exceed $3, 000. 00. Motion carried unanimously. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Cheal to approve the above agenda items. Motion carried unanimously. GROWTH MANAGEMENT Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of a request for variance to permit expiration under Section 1(f) (4) of Ordinance No. 004- 1994 for Permit No. 9110003906 issued on February 13 , 1991 to Mr. Paul Beaudette for the construction of a single family home on property located at Lot 22, Block 2, Breezeswept Beach Estates, Ramrod Key. Motion carried unanimously. Special Litigation Counsel, James T. Hendrick, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to continue to tomorrow' s agenda the adoption of a Resolution approving a revised plat of Galleon Bay; authorization for the Mayor to execute said revised plat, and providing for transmittal of said plat to the Florida Department of Community Affairs. Motion carried unanimously. An update on legal issues was presented by Mr. Hendrick. Mr. Hendrick discussed the status of the Melton Dock case, the Twin Harbors case and the Pigeon Key appeal. COUNTY ADMINISTRATOR County Administrator's department report will be presented at the next Board meeting. Mr. Ludacer discussed the use of infrastructure funds. 94/122 Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval of a reimbursement of an invoice from American Beauty Florist to the Administrator in the amount of $69.55 from the Promotional Account. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to send flowers in memory of the late Stan Becker. Motion carried unanimously. Mr. Roberts discussed the establishment of the position of Project Manager in the Administrator's office. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal granting approval of the position of Project Manager, per Staff recommendation. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. COMMISSIONERS' ITEMS Commissioner Cheal and Code Enforcement Director, Marty Arnold, discussed a policy to review County Codes (other than Land Use) every three years. Motion was made by Mayor London and seconded by Commissioner Cheal directing the County Administrator to come back at the next Board meeting with a comprehensive analysis and recommendation on how to proceed to address the problem. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to continue to tomorrow's meeting Agenda item H-3 concerning the discussion of staff reports to the Board of County Commissioners. Motion carried unanimously. PUBLIC HEARING A Public Hearing was held concerning the adoption of a Resolution concerning a Budget Amendment for the 1991 Sales Tax Revenue Bond Fund #305. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Resolution. RESOLUTION NO. 129-1994 See Res. Book No. 121 which is incorporated herein by reference. 94/123 There being no further business, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County aZGLI c. LI)i Isabel C. DeSantis, Deputy Clerk ( 1