03/23/1993 Regular 93/132
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, March 23, 1993
Key Largo
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, CountyAdministrator; CountyStaff; members
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of the Press and Radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich to approve Additions, Corrections and
Deletions to the Agenda. Motion carried unanimously.
CONSENT AGENDA
Motion was made by Commissioner Harvey and seconded by
Commissioner Cheal to approve the following items:
Adoption of 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 Robb Tyler, concerning Lot 3, Exception, Block 2 ,
Plantation Island Subdivision, Amended and Extended Plat of Duck
Key, Monroe County, Florida, approximate Mile Marker 61.
RESOLUTION NO. 114-1993
See Res. Book No. 114 which is incorporated herein by reference;
Authorization for the Board to exercise the second year
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option of the Lease between Monroe County and George Scott, for
rental of Suite C, Conch Plaza Building, Tavernier, Florida, to
be used for storage only, by the Plantation Key Building
Department, in the amount of $145. 00 per month, starting February
1, 1993 thru January 31, 1994;
DIVISION OF GROWTH MANAGEMENT
Approval for a response to proposed design for personal
hurricane shelters from Contractor, Gene Rhodus;
Approval of a contract negotiation and resulting PSO
with Post, Buckley, Schuh and Jernigan, for the review and
permitting of stormwater management plans under the Stormwater
Management Ordinance; and
Approval of a refund request to Gulfside Village
Condominium Association in the amount of $221. 00 for permit fees
insofar as the sealcoating was deemed to be excessive. Motion
carried unanimously.
CONSENT AGENDA
Growth Management Director, Bob Herman, addressed the
Board concerning the approval of Amendment No. 3 to a contract
with Freilich, Leitner, Carlisle & Shortlidge, regarding the
Comprehensive Plan, in order to reallocate funds allocated for
the canceled December 18, 1991 BCC/PC joint meeting in order to
utilize funds for continued review, coordination, and legal
advice on the Plan without necessity of a budget increase.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to deny the request. Roll call vote was
taken with the following results:
Commissioner Cheal No
Commissioner Freeman No
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London No
Motion failed. Motion was then made by Commissioner Cheal and
seconded by Commissioner Freeman to approve the request. 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.
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Mr. Herman addressed the Board concerning the dates for
the final hearings for the Comprehensive Land Use Plan Adoption.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich approving a Public Hearing date before the
Planning Commission on April 1, 1993 after 5 P.M. at the Marathon
Courthouse, and the final Public Hearing before the Board of
County Commissioners on April 15, 1993 at Key Colony Beach City
Hall with the meeting with the intervenors beginning at 1:00 P.M.
to 4:30, and the final Public Hearing on the Comprehensive Plan
beginning at 6: 00 P.M. Roll call vote was unanimous.
SOUNDING BOARD
Mr. Charles Mills addressed the Board concerning the
rental of residential homes for commercial purposes. The matter
was referred to the County Attorney for a review and
recommendation.
Mr. Mills and Suzanne Pate addressed the Board
regarding the Code Enforcement Board Meeting.
Commissioner Cheal discussed the deletion of the item
concerning the Marathon Airport landscaping project. No official
action was taken.
H. T. Pontin addressed previous letters and
communications with Monroe County concerning its jurisdiction
over sovereign lands. No official action was taken.
Jose Gonzalez, of Gonzalez Architects, representing
Aaron Perkins, addressed the Board concerning a request for a
partial waiver of the renoticing fees for a Planning Commission
Meeting/Hearing concerning Sunrise Strip Subdivision, Project No.
89026. Motion was made by Commissioner Harvey and seconded by
Commissioner Reich to approve a fee of $720. 00 for the renoticing
in reference to the request of the Sunrise Strip Subdivision
project. Roll call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London No
Motion carried.
COUNTY ADMINISTRATOR
County Administrator, Tom Brown, Charles Russell,
of Florida Keys Electric Cooperative Association, Inc. , Robert
Padron, General Manager of City Electric System, and Roger Lopez,
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of Florida Power and Light, addressed the Board concerning the
methodology for the replacement of the electrical transmission
lines and poles on the 18-mile stretch of U.S. 1. Mr. David
Ritz, Jodi Westendorf, Scott Marr, Milan P. Zijic, Egan Adams,
George Nyman, and James C. Morton addressed the Board. Motion
was made by Mayor London and seconded by Commissioner Cheal
directing the County Administrator to come back to the Board with
an analysis based on a September - October closing and requesting
County Engineer Dave Koppel to explore ways to begin construction
of the Card Sound Road improvements without losing the permits
and requesting the utilities to provide a cost analysis of
alternatives, including working at night. Roll call vote was
unanimous.
MISCELLANEOUS
Dr. Marshall Wolfe, Executive Director of Care Center
for Mental Health, addressed the Board concerning a request of
additional funding for Baker Act transportation in the amount of
$29, 683 . 00 for fiscal year 1993 . Motion was made by Commissioner
Cheal and seconded by Commissioner Reich to approve an additional
appropriation of $8,000. 00 from the Board's contingency. Roll
call vote was unanimous.
PUBLIC HEARING
A Public Hearing was held to consider the proposed
abandonment of a 10 foot wide alley running through Block 3, from
Georgia Avenue to Missouri Avenue (a/k/a Marine Avenue) , in
Tavernier Subdivision, Key Largo, Monroe County, Florida. There
was no public input. Motion was made by Commissioner Cheal and
seconded by Commissioner Freeman to adopt the following
Resolution concerning the abandonment of a 10 foot wide alley
running through Block 3 , from Georgia Avenue to Missouri Avenue
(a/k/a Marine Avenue) , in Tavernier Subdivision, Key Largo,
Monroe County, Florida. Motion carried unanimously.
RESOLUTION NO. 115-1993
See Res. Book No. 114 which is incorporated herein by reference.
BOARD OF APPEALS
An appeal filed by Ernesto and Ana Fernandez of the
decision by the Planning Commission, upholding the Director of
Environmental Resources' decision to deny a permit application to
construct an observation platform, located at Lot 18, Block 3,
Matecumbe Ocean Bay East, Lower Matecumbe Key. Attorney Mark
Gregg, representing Ernesto and Ana Fernandez, addressed the
Board concerning the Appeal. Assistant County Attorney Garth
Coller addressed the Board. Mr. Gregg offered rebuttal. Motion
was made by Commissioner Cheal and seconded by Commissioner
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Freeman to deny the Appeal and uphold the decision of the
Planning Commission in that the applicant failed to show error on
part of the Planning Commission. 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.
An appeal filed by John and Alice Scott of the decision
by the Planning Commission, upholding the Director of
Environmental Resources' decision to deny a permit request for
the construction of a seawall, described as lots 31 and 32, Block
C, Gulfview Drive, White Marlin Beach Subdivision, Section 20,
Township 64 South, Range 36 East, Lower Matecumbe Key,
Tallahassee Meridian, Islamorada. Carol Scott, representing John
and Alice Scott, addressed the Board concerning the Appeal.
Assistant County Attorney Garth Coller addressed the Board. Ms.
Scott offered rebuttal. Motion was made by Commissioner Harvey
and seconded by Commissioner Reich to grant the Appeal in that
the Planning Commission erred in arriving at their conclusions as
contained in paragraphs five and six of the Planning Commission
Resolution and that significant erosion does exist on the shore
line and that the provisions of 9 .5-345 (m) (2) (b) allowing seawall
and bulkhead construction to control erosion would apply.
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.
PUBLIC HEARING
A Public Hearing was held to consider a budget
amendment to the MSTD - Planning, Building, Code and Fire Fund
#148 for Fiscal Year 1993 . Motion was made by Commissioner Reich
and seconded by Commissioner Harvey to approve. During
discussion, Commissioner Reich withdrew the motion. After
further discussion, motion was made by Commissioner Cheal and
seconded by Commissioner Harvey to adopt the following Resolution
to consider a budget amendment to the MSTD - Planning, Building,
Code and Fire Fund #148 for Fiscal Year 1993 . Roll call vote was
taken with the following results:
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Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
RESOLUTION NO. 116-1993
See Res. Book No. 114 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, and J. R.
Carter, addressed the Board concerning the adoption of a
Resolution rescinding Resolution No. 051-1993 , which provided for
the tolling of building permit No. 91-3-4456 issued on January
21, 1992, to Mr. J.R. Carter for property located at Lot 1, Block
1, Largo Beach Subdivision, Key Largo, until such time as the new
Monroe County Comprehensive Land Use Plan has been adopted.
Motion was made by Mayor London and seconded by Commissioner
Reich to postpone the adoption. Motion carried unanimously.
The Board discussed renouncing and disclaiming Monroe
County's interest in a lot designated as "park" in the Key Largo
Ocean Shores Addition Subdivision. Motion was made by
Commissioner Harvey and seconded by Commissioner Cheal to accept
dedication of the park. During discussion, the motion was
withdrawn. No further action.
William Pratt, Harley Miller, and Growth Management
Director, Bob Herman, addressed the Board concerning a request
for refund of an after-the-fact permit penalty fee for permits
issued to Miller Construction for work done at Ocean Reef.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve Staff recommendation, authorizing
a refund of $27, 156. 00. Roll call vote was taken with the
following results:
Commissioner Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London No
Motion carried.
Motion was made by Mayor London and seconded by
Commissioner Harvey to adopt the following Resolution amending
Resolution No. 605-1990 regarding building permit fees in order
to add painting and sealcoating and adding separate categories
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for residential and commercial alarm systems. Motion carried
unanimously.
RESOLUTION NO. 117-1993
See Res. Book No. 114 which is incorporated herein by reference.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal to approve an RFP for completion of a project
designed to investigate alternative methods of sewage treatment.
Motion carried unanimously.
Growth Management Director, Bob Herman, discussed the
ruling of the Governor. and Cabinet on the four foot rule and
indicated that he had received information that the Governor and
Cabinet had ruled against the County with conditions. Motion was
made by Mayor London and seconded by Commissioner Freeman to
direct the County's Special Litigation Counsel, Jim Hendrick, to
appeal the decision of the Governor and Cabinet and directed the
County to continue to issue permits in accordance with its
previous procedure. 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.
There being no further business, the meeting was
adjourned.
Clerk of the Board of County
Commissioners of Monroe County
Deputy Clerk