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01/23/1990 Regular RR 0 3 1 Regular Meeting Board of County Commissioners Tuesday, January 23, 1990 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Michael Puto, and Mayor John stormont. Absent from the meeting was Commissioner Eugene Lytton. 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. Mayor Stormont announced that Commissioner Lytton was attending a Cabinet meeting in Tallahassee today. All stood for the Invocation and Pledge of Allegiance. MUNICIPAL SERVICE DISTRICT (WASTE) Agenda Items E-I and E-2 pertaining to a presen- tation by the Solid Waste Task Force and also presentations by respondents to the RFP for Solid Waste Removal and Disposal were postponed to January 24th at 2:00 p.m. and 2:IS p.m., respectively. Danny Kolhage, Clerk, made some comments to the Board concerning the publication of his letter to the County Commission and County Administrator dated January 17, 1990. COMMISSIONERS' ITEMS Mayor Stormont, the Board, the County Administrator, and Staff discussed the proposed reorganiza- tion of the Purchasing Department and the creation of a new Contracts Division. Motion was made by Commissioner Harvey and seconded by Commissioner Puto to adopt in concept Mayor Stormont's recommendations in accordance with his memorandum dated January 19th and refer the proposal to the County Administrator, the County Attorney, and the Clerk for a report back with specific recommendations. Motion carried unanimously. Mayor Stormon"t discussed Resolutions and the flow of paperwork in the County process. Motion was made by Commissioner Puto and seconded by Commissioner Jones to postpone consideration of this item to January 24th in order to have a full Board present. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Tom Brown, County Administrator, discussed a memorandum from Peter Horton, Division Director, concerning the issuance of occupational licenses at Holiday Isle and related properties. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Harvey to request an Attorney General's Opinion to resolve the issues RR 032 raised by the memorandum concerning the issuance of occupa- tional licenses and the opinion of the attorney for the Tax Collector. The following persons addressed the Board: Joseph B. Allen, III, attorney representing the Tax Collector; Andrew Tobin; Frank Greenman. Roll call vote was unanimous. After further discussion, Staff was requested to prepare a memorandum to the Commission indicating the basis for the Planning Department's actions in the issuance of occupational licenses. COMMISSIONERS' ITEMS Richard A. Wood addressed the Board concerning the problems connected with the Certificate of Occupancy for his single-family residence at 152 Harbor View Drive in Tavernier. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to do whatever is necessary to issue the Certificate of Occupancy for Mr. Wood and to waive the impact fees if they are now being required by the Building Department. During discussion, the motion was withdrawn. Motion was then made by Commissioner Jones and seconded by Commissioner Harvey to waive the impact fees for Richard Wood pursuant to the provisions of Sec. 9.5-2(b)(2). Roll call vote was unanimous. Bob Herman addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Jones to authorize the issuance of a Certificate of Occupancy for Mr. Wood, pending the payment of $250.00 for an after-the-fact permit for boat davits, the payment of $100.00 for a permit renewal, and his call for a final inspection. Roll call vote was unanimous. Motion was made by Commissioner Harvey to hear Agenda Item D-2 (discussion of Contractors' Licensing Board) out of order. Motion died for lack of a second. Motion was made by Commissioner Puto and seconded by Commissioner Jones to proceed with the Agenda in order, including Public Hearings. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Puto Yes Mayor Stormont No Motion carried. Motion was made by Commissioner Puto and seconded by Commissioner Jones to accept the resignation of Van W. Coddington and approve the appointment of Leonard A. Matarese to the Board of the Upper Keys Health Care Taxing District. Motion carried unanimously. SOUNDING BOARD Henry Morganstern addressed the Board concerning a STEP Officer for Big Pine Key. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to approve the appropriations for the cost of a deputy from Contingency for one full-time STEP Officer for Big pine Key, forty hours per week, with the Sheriff to provide the necessary vehicle. Roll call vote was unanimous. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to ask the Sheriff to investigate an individual offering to volunteer his services, if that person could be provided with the necessary schooling and certification. RR 033 Motion carried unanimously. Dave Ringemann addressed the Board concerning recommendations for an Ordinance by the Contractors License Examining Board. Randy Ludacer, County Attorney, discussed this issue. The matter was referred to Mr. Ringemann, the County Attorney, and Herb Rabin for a report back to the Commission. David Paul Horan, representing Lisa Conner and the 30th Street Homeowners Association in Marathon across from the proposed site of the Marathon Modular Jail Facility, addressed the Board concerning the proposed site. The County Administrator discussed the situation. No action was taken. PUBLIC HEARINGS A Public Hearing was held concerning the proposed closing and the placing of barriers across the highway, street or road described as follows: that portion of old SR 939A, Sugar loaf Key, from the intersection of old SR 939A and Sugarloaf Boulevard east to the destroyed bridge Proof of publication was entered into the record. The following individuals addressed the Board: Kieran Mahoney, Lloyd Johnson, Al Griffin of the Sugarloaf Property OWners Association, Millie Cotton, Tracey Coffman, Richard Reithmeyer, Geri Mahoney, Lieutenant Jerry Bell Thompson of the Monroe County Sheriff's Office, and Dent pierce, Director of Public Works Division. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to erect a gate at the Boulevard if possible and if that does not work, to erect barricades at the Boulevard with the installation of a security light, and to leave the present barricades at the bridge. Roll call vote was unanimous. Motion was then made by Commissioner Harvey and seconded by Commissioner Puto to authorize the Public Works Department to place No Parking signs along the road where appropriate. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Puto Yes Mayor Stormont Yes Motion carried. A Public Hearing was held on a proposed Ordinance regulating the speed and operation of vessels upon waterways within the jurisdiction of Unincorporated Monroe County; providing for severability; providing for repeal of all Ordinances or parts thereof in conflict herewith; providing for inclusion in the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. The County Attorney read by title. The following individuals addressed the Board: Nick Riggio of Big Pine, Ed Crusoe - Key West Bar pilot, Dick Rudell, John pesika, Pete Calla, Alvin Crockett. Motion was made by Commissioner Puto and seconded by Commissioner Jones to continue to the next Public Hearing. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance RR 034 amending Section 6-16.1(5)(a)(15), Monroe County Code, in order to provide that no Land Clearing Permit fee shall be charged for the removal or trimming of invasive exotic vegetation; 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. Proof of publication was entered into the record. The County Attorney read by title only. Sven Lindskold of the Izaak Walton Leage, Bill Becker of Big Pine Key, and Pete Calla addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue to the Key West meeting. Motion carried unani- mously. A Public Hearing was held on a proposed Ordinance amending Monroe County Code, Section 6-66, to include Journeyman and Master along with Contractor as being in that class who are prohibited by Section 6-66 from engaging in certain actions; 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 entered into the record. The County Attorney read by title only. Brenda Shamblin, representing the Florida Keys Contractors Association, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Jones to deny adoption of the Ordinance. Roll call vote was unanimous with Mayor Stormont not present. A Public Hearing was held for the purpose of deter- mining whether or not the following described street, alleyway, road or highway shall be abandoned: A portion of Toll Gate Lane, "TOLL GATE SHORES", according to the plat thereof, as recorded in Plat Book 4, at Page 39, of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southwest corner of Lot 11, Block 2, of the said plat of "TOLL GATE SHORES", thence in a Northeasterly direction along the Southeasterly line of said Lot II for 45.00 feet to the Northwest corner of Lot 1, Block 1 of the said "TOLL GATE SHORES"; thence at a right angle and in a Southeasterly direction along the Southwesterly line of said Lot 1 for 25.00 feet to the Northeast corner of Lot 2, Block 1 of the said plat of "TOLL GATE SHORES"; thence at a right angle and in a Southwesterly direction along the Northwesterly line of said Lot 1 for 45.00 feet; thence at a right angle and in a Northwesterly direction for 25.00 feet to the Point of Beginning. Containing 1,125 Square Feet, more or less. Proof of publication was entered into the record. The County Attorney read by title only. Sam Wampler, repre- senting the Boy Scouts of America, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution approving the abandonment of the above described road. Roll RR 035 call vote was taken with the following results: Commissioner Jones Yes Commissioner Puto Yes Mayor Pro Tern Harvey No Motion carried with Mayor Stormont not present. RESOLUTION NO. 047-1990 See Res. Book No. 87 which is incorporated herein by reference. A Public Hearing was held concerning the proposed abandonment of a portion of Catherine Street, a portion of Industrial Lane, and a 10 x 130 Alley in Matecumbe Beach Subdivision, Upper Matecumbe Key. Proof of publication was entered into the record. The County Attorney read by title only. The following persons addressed the Board: Bernard Russell, Sven Lindskold, Brian O'Neil, and Hubert Baudoin, the Petitioner. Motion was made by Commissioner Puto and seconded by Commissioner Jones to postpone to the next Plantation Key meeting. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *