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07/05/1989 Special pp 113 Special Meeting Board of County Commissioners Wednesday, July 5, 1989 Key Colony Beach A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Key Colony Beach City Hall. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Eugene Lytton, Commissioner John Stormont, and Mayor Michael Puto. Also present were Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Pledge of Allegiance and Invocation. DIVISION OF PUBLIC WORKS Dent Pierce, Assistant County Administrator, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve and authorize execution of Change Order No. 1 to the Card Sound Road Overlay Project in the net increased amount of $121,769.30 and an additional forty-five days for the paving of an addi- tional section. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Donald Craig, Assistant County Administrator/Growth Management, discussed the proposed Ordinances regarding Text and Map Amendments scheduled for Public Hearings No. 1 through No. 4 and also the proposed Resolution regarding the transmittal of amendments to DCA. Garth Coller, Assistant County Attorney, advised the Board and the public of the provisions of the Statutes and procedures on obtaining a transcript of the record. Mr. Craig discussed a staff report dated June 30, 1989 relative to the Ordinances and the Resolution. The following individuals addressed the Board regarding these items: George Kundtz of the Florida Keys Citizens Coalition, attorney Fred Tittle, and attorney Jim Mattson. After discussion of several individual items contained in the proposed Ordinances, motion was made by Commissioner Stormont to refer Amendment PD 45 to Staff for consideration of a possible amendment to the sentence beginning with "It" in order to clarify the same. During discussion, the motion was withdrawn. At this point, County Attorney Randy Ludacer advised the Board that, in his opinion, the Board had already adopted Ordinances concerning the Amendments during the Public Hearings that had already taken place. He also agreed, however, that the Board could reconsider and amend those previous actions for the purpose of correcting typographical and drafting areas and, further, that the Board could determine the means of the transmission of these actions to DCA. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to amend PD 45 to replace the word "It" with the words "If not in conformance, the Planning Commission". Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to amend PD 34 to replace the word "of" with the word I PP 1 1 4 "before". Motion carried unanimously. Jim Mattson also requested that the Board withhold PD 37, PD 102, and PD 144 for "legal problems". Donna Merritt addressed the Board. Mr. Mattson resumed his testimony and objected to the following Amendments: 38, 43A, 105, 115, 145, 53N(a) through (h). Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to remove and table Amendment 105 which refers to DR densities, pending DCA's rule-making procedure. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes No Yes No Yes Motion carried. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to remove Amendments 115 and 53N(a) through (h). Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance adopting and ratifying certain Text Amendments attached and incorporated by reference into the body of the text of the Ordinance; transmitting the Amendments to the State Land Planning Agency for approval; providing that if any Amendments are disapproved by that Agency, disapproval shall not affect the remaining Amendments; providing for severabi- lity; and providing for an effective date. Proof of publi- cation was entered into the record. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Ordinance, as amended. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. ORDINANCE NO. 019-1989 See Ord. Book No. 21 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance adopting and ratifying certain Land Use District Map Amendments attached and incorporated by reference into this Ordinance; transmitting the Amendments to the State Land Planning Agency for approval; providing that if any Amendments are disapproved by that Agency, disapproval shall not affect the remaining Amendments; providing for severabi- lity; and providing for an effective date. Proof of publi- cation was entered into the record. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to I pp 1 1 5 adopt the following Ordinance, as amended. Roll call vote was unanimous. ORDINANCE NO. 020-1989 See Ord. Book No. 21 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance adopting and ratifying certain Negotiated Text Amendments attached and incorporated by reference into the body of the text of the Ordinance~ transmitting the Amendments to the State Land Planning Agency for approval~ providing that if any Amendments are disapproved by that Agency, disapproval shall not affect the remaining Amendments~ providing for severability~ and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. ORDINANCE NO. 021-1989 See Ord. Book No. 21 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance adopting and ratifying certain negotiated Land Use District Map Amendments attached and incorporated by reference into this Ordinance~ transmitting the Amendments to the State Land Planning Agency for approval~ providing that if any Amendments are disapproved by that Agency, disapproval shall not affect the remaining Amendments~ providing for severabi- lity~ and providing for an effective date. Proof of publi- cation was entered into the record. Motion was made by Commissioner Lytton and econded by Commissioner Jones to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 022-1989 See Ord. Book No. 21 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution authorizing the transmittal of amendments to the Florida Keys Comprehensive Plan to the Florida Department of Community Affairs. Motion carried unanimously. RESOLUTION NO. 406-1989 See Res. Book No. 80 which is incorporated herein by reference. FINE ARTS COUNCIL The following individuals addressed the Board: Marian Moon of the Tavernier Fine Arts Council~ Herman Riley Stein, President of the Fine Arts Council (addressing the designation of percentages of tourist tax events funds for PP 1 1 6 cultural and non-cultural arts events); Ann Lynch of Marathon (addressing the Fine Arts Council obtaining full- fledged County Agency status by fiscal year 1990-1991); Randy Strickland (addressing the Fine Arts Council serving as an advisory board to the County Commission on expenditure of tourist tax cultural arts events funds and administering corresponding grant funds as awarded by the County Commission); Dick Fugett; Herman Riley Stein (addressing changes to the Fine Arts Council Ordinance, the Executive Director's status and contract, the County's financial operation, and other matters of concern); Joe Linahan; and Arlene Reiser. Belvery Milton, an Upper Keys associate of the Fine Arts Council, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton directing the County Attorney to review the possibility of a percentage allocation of the first and second cent tourist development tax fund to be appropriated for cultural events; requesting that the County Attorney render an opinion rela- tive to the matters concerned in that certain Dade County County Attorney's Opinion concerning the administration of tourist development funds allocated for arts purposes dated July 28, 1982, subject to an amendment of the Fine Arts Council Administrator's Contract relative to compensation on the basis of a percentage of total budget, subject to an amendment to the current TDC Ordinance to provide for these procedures as a contribution to the cultural and tourist development of Monroe County, and for the purpose of enhancing Monroe County as a tourist destination. Margaret Pent addressed the Board. Roll call vote was unanimous. GROWTH MANAGEMENT Randy Ludacer, County Attorney, addressed the Board concerning the Board's previous action adopting the Land Use Plan Amendment Ordinances for transmission to DCA. He advised the Board that in his opinion, Staff should prepare and bring forward the individual Ordinances affecting the Amendments previously adopted by the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey directing the County Attorney to produce the text of the individual Ordinances as enacted for presentation back to the Board for ratification and transmittal to DCA. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayorputo Yes Yes Yes No Yes Motion carried. COUNTY ATTORNEY Motion was made by Commissioner Jones and seconded by Commissioner Harvey to grant permission to advertise for Public Hearing a proposed Ordinance amending Sec. 6-16.1(5)(a)(3), Monroe County Code, in order to provide that no Building Permit is necessary for minor repairs or remodeling to buildings which cost less than $500.00; pro- viding for severability; providing for repeal of Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * * \