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10/10/1989 Regular QQ 069 Regular Meeting Board of County Commissioners Tuesday, October IO, 1989 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at I:OO p.m. on the above date in Courtroom "B" of the Courthouse Annex in Key West. Present and answering to roll call were Commissioner wilhelmina Harvey, Commissioner Douglas Jones, Mayor Pro Tern Eugene Lytton, and Commissioner John Stormont. Mayor Michael Puto entered the meeting late. Also present were Rosalie Connolly, Deputy Clerk; Danny Kolhage, Clerk (entered the meeting late in the day); Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. MISCELLANEOUS Harry Knight, Tax Collector, addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to permit the Tax Roll for 1989 to be extended prior to the completion of the Property Appraisal Adjustment Board hearings and the final certification of the Tax Roll by the Property Appraiser, in accordance with the procedure as outlined in Florida statutes 197.0134. Motion carried unanimously with Mayor Puto absent from the meeting. After discussion with Mr. Knight, motion was made by Commissioner Harvey and seconded by Commissioner Stormont to adopt the following Resolution instructing the Property Appraiser not to make an extension of the Tax Roll for any parcel for which the tax would amount to less than Five Dollars and directing and permitting the Tax Collector to refrain from billing any taxpayer whose bill is Five Dollars or less for the ensuing tax year. Motion carried unani- mously with Mayor Puto not present. RESOLUTION NO. 563-1989 See Res. Book No. 83 which is incorporated herein by reference. MAYOR PUTO ARRIVED AND ASSUMED THE CHAIR COMMISSIONERS' ITEMS Commissioner Harvey discused the concept of Monroe County adult day-care centers. After discussion, the County Administrator was directed to investigate and appraise such a service for Monroe County. Commissioner Jones discussed the possibility of a new meeting, for public input portion only, concerning the Big Pine Key Focal Point Plan. The following persons addressed the Board: Jim Miller, Nick Riggio, Ei~c Knutsen, Debbie Harrison, Didi Moormon, Vern Pokorski, Stan" Becker, Hank Moormon, Al Damron, Sandy Barrett, Jerry Barnett, Linda Rubino, Donna Merritt. After lengthy discussion, motion was made by Commissioner Jones and seconded by Commissioner QQ 070 Stormont directing that Monroe County C.A.R.E.S. and the Big pine Key Civic Association set up a new workshop on the Big pine Key Focal Plan and issue a Minority Report and a Majority Report. During discussion, Commissioner Harvey amended the previous motion to include representatives of special interest groups from Big Pine Key. The amendment was accepted by the maker and seconder. Al Damron addressed the Board. Roll call vote on the motion as amended was unanimous. Mayor Puto discussed landfill charges for the Dolphin Research Center. Manny Rodriguez of the Center addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to waive the dump fees for animal carcasses for the Dolphin Research Center from April 1988 through May 1988. Charles Aguero, MSD Director, addressed the Board. During discussion, the motion was withdrawn by the maker and seconder. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to appoint someone from the Upper Keys to the Career Service Council in place of Grace Mannillo. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to amend to include the words "upon the resignation of Grace Mannillo." Roll call vote on this motion to amend was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Stormont Yes Mayor Puto Yes Motion to amend carried. Motion was then made by Commissioner Stormont and seconded by Commissioner Lytton to continue for final determination by the County Attorney. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones No Commissioner Lytton No Commissioner Stormont Yes Mayor Puto Yes Motion failed. Roll call vote on the original motion as amended was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner Stormont No Mayor Puto Yes Motion carried. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to request Grace Mannillo to resign from either the Career Service Councilor the Planning Commission. During discussion, the motion was withdrawn. Motion was then made by Commissioner Harvey and seconded by Commissioner Jones to send a copy of the County Attorney's opinion regarding dual office holding to Grace Mannillo for her consideration and action. Roll call vote was unanimous. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Jones to direct the County Administrator to appoint at least two security guards I QQ 07 1 at Higgs Beach with staggered hours, said positions to be financed out of ad valorem taxes subject to the possibility of TOC funds. Motion was made by Commissioner Lytton and seconded by Mayor Puto to amend the previous motion to direct the County Administrator to finance these positions out of any Fund except the Contingency Fund. The amendment was accepted by the maker and the seconder. Roll call vote on the original motion as amended was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner stormont No Mayor Puto Yes Motion carried. PUBLIC HEARINGS A Public Hearing (continued from August 29th) was held on a proposed Ordinance creating Chapter 12.5, Monroe County Code, in order to provide for an occupational license requirement effective October I, 1989 for persons, firms or corporations engaging in commercial fishing from residential property; providing that the tax shall be due annually in the amount of $18; providing for a collection procedure; providing for penalties and enforcement for violations of this chapter; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to read by title only. Motion carried unanimously. The following persons addressed the Board: Roy Harper, Bill Moore of O.F.F. and Pam Martin of O.F.F. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 028-1989 See Ord. Book No. 22 which is incorporated herein by reference. A Public Hearing (continued from September 19th) was held on a proposed Ordinance providing a definition of "Detergent;" generally prohibiting the sale, exposure for sale, gift or furnishing within the Unincorporated Area of Monroe County of any detergent containing an excess of Zero to .5 percent phosphorus by weight; providing an exemption from the general prohibition; providing penalties for viola- tions; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incor- poration into the Monroe County Code of Ordinances; and pro- viding an effective date. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. The following persons addressed the Board: DeeVon Quirolo of Reef Relief; Eric McCarthy, legal counsel for Reef Relief; Vern Pokorski; and Pat Green. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 029-1989 See Ord. Book No. 22 which is incorporated herein by reference. QQ 072 A Public Hearing was held on a proposed Ordinance repealing Ordinance No. 006-1985 pertaining to the Capital Improvement Study Committee; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; providing for inclusion in the Monroe County Code of Ordinances; and pro- viding an effective date. Proof of publication was entered into the record. Motion was made by Mayor Puto and seconded by Commissioner Lytton to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 030-1989 See Ord. Book No. 22 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Section 13-43, Monroe County Code, by revising Subsection (B) thereof entitled "Loudspeakers; Sound Amplifiers" in order to provide that noise from such loudspeakers or amplifiers shall be confined to the interior of a building between the hours of IO P.M. (II P.M. on Friday and Saturday evenings) and 7 A.M. the following day; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; providing for inclusion in the Monroe County Code of Ordinances; and providing an effective date. Proof of publication was entered into the record. Motion was made by Mayor Puto and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. The following per- sons addressed the Board: John Bartos, Wade Hornbill, Roy Strong, Susan Calderman, and Ray Kibbler. Motion was made by Mayor Puto and seconded by Commissioner Stormont to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 031-1989 See Ord. Book No. 22 which is incorporated herein by reference. A Public Hearing (continued from September 19, 1989) was held regarding a proposed Resolution approving and directing the Clerk to record a final amended plat of a sub- division to be known as Little Crawl Key, located on a part of Government Lot 2, Section 35, Township 65S, Range 33E. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to amend Item 6 of the Covenants And Restrictions of the Record Plat to remove the word "on" after the word "built" in the last line of said item and to insert the following words in lieu thereof: "per this plat of". Motion carried unanimously. Motion was then made by Commissioner Jones and seconded by Commissioner Lytton to approve the change in the Deed Restrictions regarding the sewage treatment mound system as previously directed by the Board. Motion carried unanimously. Motion was then made by Commissioner Lytton and seconded by Commissioner Jones to approve the plat with the changes above and to adopt the following Resolution approving and directing the Clerk to record the Final Amended Plat of the Subdivision to be known as Little Crawl Key. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner Stormont No Mayor Puto Yes f QQ 073 Motion carried. RESOLUTION NO. 564-1989 See Res. Book No. 83 which is incorporated herein by reference. A Public Hearing (continued from September 19, 1989) was held regarding a proposed Resolution approving and directing the Clerk to record a plat of a subdivision to be known as Sunrise Isle, located on a part of Government Lot I, Section 14, and a part of Government Lots I and 2, Section IS, all in Township 66S, Range 32E, Boot Key. The following persons addressed the Board: David Birnbaum; Barry MacAllister of DER. Motion was made by Commissioner Lytton and seconded by Mayor Puto to approve the plat, sub- ject to the improvement guarantee being furnished, and to adopt the following Resolution directing the Clerk to record the Plat of the Subdivision to be known as Sunrise Isle, conditioned upon receipt of the County Attorney's cer- tification of the appropriate guarantee. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton Yes Commissioner Stormont No Mayor Puto Yes Motion carried. RESOLUTION NO. 565-1989 See Res. Book No. 83 which is incorporated herein by reference. BOARD OF APPEALS Jim Mattson, attorney for Egan Adams, addressed the Board. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Harvey to continue to the next scheduled meeting in the Upper Keys the appeal by Egan Adams of the Planning Commission's decision to deny Development Order 12-89 for a Minor Conditional Use for pro- perty located on Lots 47-50, Block 14, Lake Surprise Estates, Section 31, Township 60, Range 40, Key Largo. Roll call vote was unanimous. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to continue to the next scheduled meeting in the Upper Keys the appeal by Ewing-Wardell Development Corp. (Woods Avenue) of the Planning Commission's decision to deny an administrative appeal for the conditions set forth on Development Order 04-89 for a Minor Conditional Use for property located on Lots 21, 22, 23, 24, Block 9, Section 5, Township 63S, Range 38E, Plantation Key Colony Subdivision, Plantation Key. Roll call vote was unanimous. Jim Mattson and Jay Miller addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to continue to the next scheduled meeting in the Upper Keys the appeal by Edwing-Wardell Development Corp. (Venetian Shores) of the Planning Commission's decision to deny an administrative appeal for the conditions on Development Order 09-89 Minor Conditional Use for property located on Lots 6, 7, 8, Block I, Section 13, Township 63S, Range 37E, Venetian Shores Subdivision, Plantation Key. Roll call vote was unanimous. Jim Mattson QQ 074 addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to continue to the next scheduled meeting in the Upper Keys the appeal by Eric and Ruth witzel of the Planning Commission's decision to deny their dimen- sional variance for property located on Lot 39, Block 4, Blue Water Trailer Village, Section 4, 117 Normandy Drive, Tavernier, Key Largo. Roll call vote was unanimous. Bill Cook of the Venetian Shores Homeowners Association addressed the Board. Jim Mattson, attorney, addressed the Board con- cerning a memorandum from the County Attorney to the Growth Management Director concerning procedures regarding appeals. SOUNDING BOARD Nick Riggio of Monroe County C.A.R.E.S. addressed the Board. David Plummer and Jim Graham addressed the Board concerning the results of their traffic study. (NO COpy OF THIS STUDY WAS PROVIDED TO THE CLERK FOR THE RECORD) Sandy Barrett and Stan Becker of Monroe County C.A.R.E.S. addressed the Board. No action was taken. Dvaid Paul Horan discussed Section 6-41 of the Monroe County Code concerning penalties for unpermitted construction and the interpretation of how those penalties should be calculated. It was his opinion that the fine should be based on the estimated value of the work completed to date as opposed to the estimated value of the project as finally completed. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to interpret the rule to mean IO% of the value of the work constructed at the time the work is cited for being unpermitted and that the value will be determined by the Building Official; further, if the contractor or owner does not agree with the value established by the Building Official, that the owner may remove the offending structure or work. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton Yes Commissioner Stormont No Mayor Puto Yes Motion carried. MISCELLANEOUS Sandra Higgs, TOC Administrator, addressed the Board concerning a policy of funding for events which generate profits or an excess of revenues or over- expenditures; in particular, a request from the St. Justin Martyr Catholic Church on Key Largo for the funding of the Winterfest - 1990. After much discussion, motion was made by Commissioner Stormont that based on available information and purposes of the event, that the Board deems the Winterfest to be not appropriate for TOC funds. During discussion, the motion was withdrawn. Motion was made by Commissioner Jones and seconded by Mayor Puto to authorize the Winterfest 'and that if the event shows a profit, that it must refund the TOC funds appropriated and expended for the event. Roll call vote was taken with the following results: QQ 075 Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton No Commissioner Stormont No Mayor Puto Yes Motion failed. Motion was then made by Commissioner Stormont and seconded by Mayor Puto to authorize the funding of the Winterfest - 1990 by the Tourist Development Council with no TDC funding to be used directly or indirectly for the construction of the private community center. During discussion, Commissioner Stormont amended the motion to remove the words "or indirectly". Roll call vote on the motion as amended was taken with the following results: Commissioner Harvey No Commissioner Jones No Commissioner Lytton No Commissioner Stormont Yes Mayor Puto Yes Motion failed. No further action was taken. DIVISION OF PUBLIC WORKS Dent Pierce, Assistant County Administrator, addressed the Board regarding the Public Works Mutual Aid Agreement being sponsored by the Florida Chapter of the American Public Works Association. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to authorize execution of the Agreement. Motion carried unani- mously. MUNICIPAL SERVICE DISTRICT (WASTE) The Board continued to October lIth a discussion and establishment of a policy regarding payment of interest on a tipping fee escrow account. Karl Beckmeyer, attorney representing Marathon, Ltd., addressed the Board and requested that the Board abate the $15,911.00 in interest charges on his client's waste assessment. The Board took no action. DIVISION OF GROWTH MANAGEMENT The Board discussed the Vested Rights Application of J. Vitolo Construction Co. and Southland Insurance Co. for a platted subdivision known as Grassy Key. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution to accept the Findings of Fact and Final Order of the Hearing Officer and his opinion to consider the application as abandoned and dismiss it from further consideration. Motion carried una- nimously. RESOLUTION NO. 566-1989 See Res. Book No. 83 which is incorporated herein by reference. The Board discussed the Vested Rights Application of Liberty Land Corporation regarding four acres of land on Big Pine Key. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution to accept the Findings of Fact and Final Order of the Hearing Officer and his opinion to consider the applica- tion as abandoned and dismiss it from further consideration. QQ 076 Motion carried unanimously. RESOLUTION NO. 567-1989 See Res. Book No. 83 which is incorporated herein by reference. COUNTY ATTORNEY Sheri Smallwood, attorney for Ron Stack, addressed the Board concerning her Petition for Attorney's Fees in the case of Monroe County v. Ron Stack before the Career Service Council. Randy Ludacer, County Attorney, advised that it was the opinion of the counsel hired by the Board of County Commissioners for Labor Relations (John D. Gronda) that the Petition for Attorney's Fees should be rejected since the employee was not successful before the Career Service Council and recommended that any possible settlement not exceed $2,500.00. Ms. Smallwood addressed the Board and offered to accept $25,000.00 in fees plus $2,450.00 in costs in settlement of the case of Monroe County v. Stack and that for said amounts, all matters concerning this case would be brought to a close. Mr. Ludacer advised the Board that it was Mr. Gronda's recommendation to reject the offer. Motion was made by Commissioner Harvey to reimburse the attorney, Sheri Smallwood, for expenses associated with the case of Monroe County v. Ron Stack up to an amount of $25,000.00. Motion died for lack of a second. Motion was then made by Commissioner Lytton and seconded by Commissioner Stormont to reject the offer of Ms. Smallwood. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones No Commissioner Lytton Yes Commissioner Stormont Yes Mayor Puto Yes Motion carried. There being no further business, the meeting was adjourned. * * * * *