Loading...
01/19/1993 Regular 93/9 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, January 19, 1993 Key Largo A Regular Meeting of the Monroe County Board of County Commissioners convened at 10: 00 a.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 Isabel DeSantis 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 Harvey to approve Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Freeman and seconded by Commissioner Harvey for approval of a Restrictive Covenant submitted by Charles Wakeman for building permit application No. 92-3-6971, restricting the property owner to only one dwelling unit on two contiguous lots. The Restrictive Covenant for combining contiguous lots have been filed by the applicant for the first quarter allocation ending on October 13 , 1992, under the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance No. 016-1992) . Roll call vote was unanimous. County Administrator County Administrator Tom Brown addressed the Board concerning consideration of TCI Cablevision of Florida, Inc. , Franchise Renewal Agreement. Martin Firestone, Greg Argetsinger 93/10 of TCI, and Scott Norwood addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to approve the TCI Cablevision of Florida, Inc. , Franchise Renewal Agreement in concept and directing the County Administrator and staff to go forward with the Rate Certification System in conjunction with the agreement and to initially apply fees toward improving County wide communication systems. After discussion, Commissioner Harvey withdrew her second. Motion died for lack of a second. Motion was then made by Commissioner Freeman and seconded by Commissioner Harvey to approve the TCI Franchise Agreement and directing Mr. Firestone and Mr. Argetsinger to send a separate memo that indicates the basic tier rate and the three local telephones as verbally requested by Commissioner Freeman. 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. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey that we approve the TCI Cablevision of Florida, Inc. Franchise Agreement modified to accept the $200, 000 in a one lump sum payment upon execution of the Franchise Agreement. Roll call vote was unanimous. SOUNDING BOARD H. T. Pontin addressed the Board concerning sovereign submerged land or bay bottom. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to refer Mr. Pontin's letter to our land use attorney for review and appropriately report back to the Board. Motion carried unanimously. Dr. Robert P. Casola, D.O. and County Attorney Randy Ludacer addressed the Board concerning indigent care at Mariner's Hospital. No official was taken. David C. Ritz, Community Administrator of the Ocean Reef Community Association (ORCA) , addressed the Board regarding a tax referendum on Mariner' s Hospital. No official action was taken. Discussion of Mariner's Hospital - Tony and Bernie Mrkvicka, were not present. Mariner's Hospital Administrator Mr. Robert Luse addressed the Board concerning indigent care. Board held discussion. Elaine Gorman and Chuck Tittle addressed the Board. No official action was taken. 93/11 Jim Ruddy, President of the Older American Advisory Board addressed the Board and gave a short status report regarding the Justice in Taxation proposed litigation. George Aladro, Monroe County Licensing Board Chairman addressed the Board concerning communication problems between the Board and the Licensing Board. Board held discussion. Growth Management Director Bob Herman addressed the Board. The Board then directed Mr. Aladro to enumerate in writing the problems he has experienced and to provide each Commissioner with a copy. PUBLIC HEARING 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 Office and outlining a procedure for the suspension and disqualification of persons for cause from County contract; 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. County Attorney read by title only. There was no public input. Motion was. made Commissioner Cheal and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 001-1993 See Ord. Book No. 30 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Growth Management Director Bob Herman addressed the Board concerning a Recommended Order, Case No. 92-2957 DRI, Department of Community Affairs vs. David & Florence Clark, owners; Edward Warren Werling, Contractor; and Monroe County for a dock permit which was issued by Monroe County. Mr. Herman also requested Board approval of expenditures in having the law firm of Morgan & Hendrick to handle this case. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to refer this case to Morgan & Hendrick and directing Mr. Herman to contact Property Appraiser Ervin Higgs' Office with respect to their possible involvement in the case as well. Motion carried unanimously. BOARD OF APPEALS An appeal filed by Upper Keys Marine Construction of 93/12 the revocation of Permit No. 910304475, which authorized blasting activity on property known as the NW 1/4 of the NW 1/4, Section 26, Township 62, Range 38E, Blue Waters Borrow Pit (Continued from 12/9/92) , was held. Timothy N. Thomes, attorney representing Upper Keys Marine Construction, addressed the Board. Motion was made by Commissioner Cheal that we use the same criteria as with Planning Commission items concerning speaking time. County Attorney Randy Ludacer and Assistant County Attorney Garth Coller addressed the Board. After discussion, Commissioner Cheal withdrew his motion. Mr. Thomes and Jeffrey A. Straw, Vice President & Area Manager of GeoSonics, Inc. , addressed the Board and provided the Board with documents pertaining to U. S.B.M. Safe Blasting Levels, Vibration Levels and photographs of structural damage. Assistant County Attorney Garth Coller objected to the photographs of structural damage which were provided due to their untimely filing. Motion was made by Commissioner Cheal and seconded by Commissioner Reich that the inspecting and reviewing of individual photographs of the structural damage continue only as it relates to the code being violated. Motion carried unanimously. Herb Rabin, Building Official/Director, Ronald Gillman, Georgina Sanchez, and Dagny Johnson addressed the Board. Assistant County Attorney rebutted. Board held lengthy discussion. After discussion, motion was made by Commissioner Cheal and seconded by ( Commissioner Reich to deny the appeal by Upper Keys Marine Construction of the revocation of Permit No. 910304475, which authorized blasting activity on property known as the NW 1/4 of the NW 1/4, Section 26, Township 62, Range 38E, Blue Waters Borrow Pit. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to adopt the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, an agreement between The Florida Department of Community Affairs, Monroe County and Steve Hanover concerning Lot 12 , Section B, Long Beach Estates, Big Pine Key, Monroe County, Florida, approximate Mile Marker 33 . Motion carried unanimously. RESOLUTION NO. 001-1993 See Res. Book No. 113 which is incorporated herein by reference. The above Resolution No. was also assigned to the Resolution regarding the relaxing restrictions on Haitian refugees adopted on January 13 , 1993 . Division Director Bob Herman continued with his report. Motion was made by Commissioner Cheal and seconded by ( 93/13 Commissioner Harvey authorizing the County Administrator to enter into a month-to-month lease with Ocean Reef for an Inspection Office at a monthly rental of $450. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve Monroe County Parks and Recreation Board, adopted by the Parks Board on November 16, 1992. Parks Board recommendation #92-8 requests the Board of County Commissioners to direct staff to negotiate with the Monroe County School Board for the preparation of addendum to the Recreational Interlocal Agreement for Coral Shores High School, Plantation Key Elementary School and Key Largo Elementary School. Motion carried unanimously. Under discussion, Commissioner Freeman withdrew her second. Motion was then made by Commissioner Cheal and seconded by Commissioner Reich to approve negotiation in concept only. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve a Joint Participation Agreement with FDOT to provide State funding for the County' s 1993 Travel Time and Delay Study of US-1. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the adoption of the following ( Resolution concerning the receipt of unanticipated funds. Motion carried unanimously. RESOLUTION NO. 007-1993 See Res. Book No. 113 which is incorporated herein by reference. Marine Resources Director George Garrett addressed the Board concerning the Marine Resources Year End Report 1992 and First Quarter Report 1993 . Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to add an additional task for Fiscal Year 1993 to coordinate with NOAA, DNR, USCG, and other agencies to develop and implement a plan for boating use in Boot Key Harbor which would provide for safe markings and moorings, solid and liquid waste disposal, landside support facilities and educational programs regarding this project. This project will be developed as a model fbr future projects in other areas of the Keys wherever liveaboards are present. Herb Pontin addressed the Board. Board held discussion. 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. 93/14 Motion was made by Commissioner Cheal and seconded by Commissioner Freeman for approval to purchase a Trimble Navigation Geographic Positioning System (SPG) , Pathfinder Professional Datalogger, and a Trimble Community Base Station at a total cost of $25, 084 . Bob Herman addressed the Board. Board held discussion. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Mayor London for approval to submit an application for program assistance to the Florida Department of Natural Resources for completion of a carrying capacity study. for Boot Key Harbor. Board held discussion. Roll call vote unanimous. Bob Herman addressed the Board concerning approval of an amendment with Environmental Systems Research Institute, Inc. , for professional training service. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal for approval of an amendment to agreement with Environmental Systems Research Institute, Inc. for professional training service. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to adopt the following Resolution confirming the Administrative Boundary interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 89, Lot 5, Block 1, Meads Subdivision, Vaca Key, Monroe County, Florida, approximate mile marker 49. Motion carried unanimously. RESOLUTION NO. 008-1993 See Res. Book No. 113 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal for approval of a Restrictive Covenant submitted by Betty Shipley for building permit application No. 92-1-5056, restricting the property owner to only one dwelling unit on two contiguous lots. Motion carried unanimously. PUBLIC HEARING 93/15 A Public Hearing was held concerning 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 Reich to adopt the following Resolution approving the One-Cent Infrastructure Capital Projects Fund #304 for Fiscal Year 1993 . Motion carried unanimously. RESOLUTION NO. 009-1993 See Res. Book No. 113 which is incorporated herein by reference. There being no further business, the meeting was adjourned. r r�.