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10/31/1989 Regular QQ 099 Regular Meeting Board of County Commissioners Tuesday, October 31, 1989 Tavernier A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date at the Elks Club in Tavernier. 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; Rosalie L. Connolly, Deputy 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 Invocation and Pledge of Allegiance. COMMISSIONERS' ITEMS Nick Riggio, representing Monroe County C.A.R.E.S., and Debbie Harrison, representing Big Pine Key Civic Association, addressed the Board regarding the proposed workshops concerning the Big Pine Key Focal Point Plan. They advised that Monroe County C.A.R.E.S. would be spon- soring a public workshop at 7:00 p.m. on November 16th at the Big Pine Christian Center and Big Pine Key Civic Association would be sponsoring a workshop on November 27th at the United Methodist Church. After lengthy discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to rescind the Board's previous motion of October 10, 1989 which directed the two organizations to hold a joint meeting with special interest groups (as set out on Minute Book Page QQ070). Motion carried unanimoUSly. Motion was then made by Commissioner Lytton and seconded by Commissioner Jones that the recommendations jointly made by Monroe County C.A.R.E.S. and Big Pine Key Civic Association would be supported by the Board. Motion carried unani- mously. After further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to direct the Growth Management Division to provide one hundred copies each of the proposed Focal Point Plan to Monroe County C.A.R.E.S. and Big pine Key Civic Association at no cost to either of the organizations. Motion carried unani- mously. Allison DeFoor, II, Monroe County Sheriff, addressed the Board concerning placing security personnel under the jurisdiction of the Sheriff's Department. The Board deferred action on this item until tomorrow's meeting. DIVISION OF PUBLIC SAFETY Joe London, Fire Marshal, addressed the Board and introduced Reed Varley of Varley-Campbell & Associates, Inc., who presented a Report on a Master Public Fire Defense Plan. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to accept the report. Motion carried unanimOUSly. SOUNDING BOARD Bill Smith of the Florida Keys Contractors Association addressed the Board and introduced Craig Miller QQ 100 of Kimley-Horn who spoke to the Board concerning traffic level of service in the Upper Keys and DCA's rejection of the Level of Service Text Amendment. No action was taken. John Adams and Mike Hunt, Co-Chairmen of the Committee For Home Rule, addressed the Board concerning a proposed Resolution estabishing the Monroe County Charter Commission. No action was taken by the Board. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance regarding the creation of a Municipal Service Taxing Unit (District) at Plantation Lake Estates. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. Carl Spond, President of the Plantation Lake Estates Homeowners Association, addressed the Board. The Board entered into a discussion concerning the three drafts of the proposed Ordinance and motion was made by Commissioner Harvey and seconded by Commissioner Stormont to adopt the third draft of the following Ordinance creating a Municipal Service Taxing Unit (District) for the purpose of providing financing for the provision of lake aeration and lake main- tenance within the Plantation Lake Estates Subdivision on Plantation Key, Monroe County, Florida; providing for District powers; providing for the collection and levy of ad valorem taxes or non- ad valorem assessments pursuant to F.S. 197.3632; providing for restrictions on the District's spending and taxing authority; providing for a referendum on certain forms of indebtedness and for ad valorem levies not to exceed two years which may cause total District millage to exceed 10 mills; providing for severability; providing for inclusion in the Monroe County Code of Ordinances; pro- viding for the repeal of all Ordinances or parts of Ordinances in conflict herewith; and providing for an effec- tive date. Motion carried unanimously. ORDINANCE NO. 032-1989 See Ord. Book No. 22 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance relating to the collection, disposal and assessment of solid waste within Monroe County, Florida, to be more commonly known as the Monroe County Solid Waste Collection, Disposal and Assessment Ordinance; providing definitions; setting forth findings; providing for the statement of intent; pro- viding for the mand~ory disposal of domestic solid waste; setting forth the description of the service to be provided; creating service areas; providing for the duties of collec- tors; providing for the regulation of collection; providing for the responsibility of property owners and occupants of improved property; regulating the collection and disposal of construction waste; setting forth prohibited acts; providing for penalties; creating the Monroe County Solid Waste Municipal Service Benefit Unit; providing for the prima facie evidence of accumulation of waste; imposing an annual solid waste assessment; setting forth procedures for the adoption of the Rate Resolution; setting forth procedures for the adoption of Annual Solid Waste Assessment Roll; pro- viding for the revision of Rate Resolutions; providing the procedure for the adoption of an addendum to Solid Waste Assessment Roll; providing for the utilization of statutory collection procedures; providing alternative collection pro- cedures; providing that solid waste assessments collected \ QQ 1 0 1 under the alternative collection procedure shall constitute a lien upon residential property; providing procedures for the collection of the solid waste assessment by the Tax Collector; providing for discharge of recorded liens; pro- viding for the enforcement of delinquent solid waste assessments; providing for interim collection service charges on new construction; providing for the correction of errors and omissions; establishing the calculation of time; providing for severability; providing for supplemental authority; superseding all previously adopted conflicting provisions; and providing for an effective date. Proof of publication was entered into the record. 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: Jim Baker of MSD, Kelley Bennett, Francis Lyle, Earl Cheal, James McElroy, Mary Tucker, John Albert representing Florida Disposal/Waste Management, Fred Tittle representing the Garbage Franchisees, Diane Errera, Ted Carter of Keys Sanitary Service, Jack Bauer. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the Ordinance with the following amendments: (1) Insert the following Subparagraph (2) in lieu of Subparagraph (2) of Paragraph A of Section 7 on Page 19: "No license shall be issued to any person who has failed to file a sworn statement under Section 287.l33(3)a), F.S. on public entity crimes or who is disbarred from contracting with County pursuant to Section 287.133, F.S." and (2) Add a new Section 32 for the standard codification language. During discussion, motion was made by Commissioner Jones to postpone consideration of this item until the County Attorney and Staff can check the proposed Ordinance for legal sufficiency. Motion died for lack of a second. Roll call vote on the original motion was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Stormont Yes Mayor Puto Yes Motion carried. ORDINANCE NO. 033-1989 See Ord. Book No. 22 which is incorporated herein by reference. BOARD OF APPEALS Donald Craig, Assistant County Administrator, addressed the Board concerning an 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 (continued from October 10th). Dr. A. J. Henriquez, Superintendent of Pub~ic Schools, ~nd Mr. Jay Miller opposed the appeal. Andy Tob1n, represent1ng the appellant, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey directing, at the request of the QQ 102 appellant, that the resolutions documenting the Planning Commission's finding be included as part of the record. Motion carried unanimously. After further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Resolution upholding the Planning Commission's decision and denying the appeal as there was no compelling evidence in the record to support the request to overturn the decision of the Planning Commission. Roll call vote was unanimous. RESOLUTION NO. 601-1989 See Res. Book No. 84 which is incorporated herein by reference. Donald Craig, Assistant County Administrator, addressed the Board concerning the appeal by Ewing-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 1, Section 13, Township 63S, Range 37E, Venetian Shores Subdivision, Plantation Key (continued from October 10th). Motion was made by Commissioner Lytton and seconded by Commissioner Harvey directing, at the request of the appellant, that the resolutions documenting the Planning Commission's finding be included as part of the record. Motion carried unanimously. Andy Tobin, representing Ewing-Wardell, addressed the Board. Buck DeVane, representing Venetian Shores Homeowners Association, addressed the Board. Mr. Tobin then rebutted on behalf of the appellant. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to adopt the following Resolution upholding the Planning Commission's decision and denying the appeal and adopting the findings of the Planning Commission. Roll call vote was unanimous. RESOLUTION NO. 602-1989 See Res. Book No. 84 which is incorporated herein by reference. Donald Craig, Assistant County Administrator, addressed the Board concerning the appeal by Egan Adams of the Planning Commission's decision to deny Development Order 12-89 for a Minor Conditional Use for property located on Lots 47-50, Block 14, Lake Surprise Estates, Section 31, Township 60, Range 40, Key Largo (continued from October 10th). Andy Tobin, representing Egan Adams, addressed the Board. Egan Adams then spoke to the Board. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution to grant the appeal and over- turn the decision of the Planning Commission and upholding the decision of the Planning Director granting the Development Order and indicating that the Planning Commission erred in its application of the standards of Volume II referred to in their resolution and referred to as Sections 9.5-206, 9.5-65 (A, B, C and E), 9.5-235 (B 1 C), 9.5-1, 9.5-427 and 292. During discussion, motion was made by Commissioner Lytton and seconded by Commissioner Harvey to amend that if authorization is obtainable from DOT, to impose the requirement that a southbound turn-off lane of appropriate size and design be included as an additional condition of the approval. Roll call vote on the amendment was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner Stormont No Mayor Puto No \ QQ 103 Motion carried. 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 No Motion carried. RESOLUTION NO. 603-1989 See Res. Book No. 84 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to continue to the next Marathon meeting an appeal by Eric and Ruth Witzel of the Planning Commission's decision to deny their dimensional variance for property located on Lot 39, Block 4, Blue Water Trailer Village, Section 4, 117 Normandy Drive, Tavernier, Key Largo (continued from October 10th). Motion carried unanimously. SOUNDING BOARD Charles Baldwin, District 6 Engineer of Florida Department of Transporation, addressed the Board concerning the Five-Year Plan. Servando Parapar of DOT also addressed the Board. No action was taken. There being no further business, the meeting was adjourned. * * * * *