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03/06/1990 Regular RR 084 Regular Meeting/Comprehensive PIa Board of County Commissioners Tuesday, March 6, 1990 Plantation Key A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Courthouse in Plantation Key. Present and answering to roll call were Commissioner Eugene Lytton, Commissioner Michael Puto, and Mayor John Stormont. Absent from the meeting were Commissioners Wilhelmina Harvey and Douglas Jones. Also present were Rosalie L. Connolly, Deputy Clerk~ Randy Ludacer, County Attorney~ Garth Coller, Assistant 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. Commissioner Lytton requested a Point of Personal Privilege for an emergency item and advised the Board of a Public Hearing being held by the Florida Department of Transportation at 1:30 p.m. on March 26th in Tallahassee regarding the establishment of Statewide Minimum Level of Service Standards on major arterial roads. After discussion, motion was made by Mayor Stormont and seconded by Commissioner Puto to authorize travel for Commissioner Lytton to represent the County in Tallahassee on March 26th at the Public Hearing being conducted by the Florida Department of Transportation regarding the proposed establishment of Statewide Minimum Level of Service Standards and also to notify Senator Plummer and Representative Saunders and request their attendance at the Public Hearing. Motion carried unanimously. Tom Brown, County Administrator, introduced Robert Baggs, the temporary Project Director for the Comprehensive Plan. Mr. Baggs then addressed the Board regarding his current plans on procedures concerning the Monroe County Comprehensive Plan. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to direct Staff to pre- pare appropriate Resolutions to establish two advisory com- mittees - one for Transportation and Traffic and the other for Environment - with appointments to be made by individual Commissioners. Motion carried unanimously. The County Administrator then presented a bill for the first group of work products from BRW, Inc. in the amount of $124,977.15 and requested Board approval for payment thereof. Mr. Brown advised the Board that this bill did not include expenses or reimburseables. The matter was deferred, pending greater attendance by Board members. The Board then entered into a lengthy discussion regarding BRW, Inc. 's Report No. 2 of the Monroe County Comprehensive Plan concerning: l. Population Projections 2. Solid Waste Element 3. Parks and Recreation Element RR 085 The following persons addressed the Board: George Kundtz of Key Colony Beach~ Sven Lindskold of Islamorada and the Izaak Walton League~ Patrick Callahan of Marathon and Ocean Reef~ Dagny Johnson of the Upper Keys Citizens Association~ Paul Warrenfeltz of Marathon. There being no further business, the meeting was adjourned. * * * * * 1 RR 086 Regular Meeting Board of County Commissioners Tuesday, March 6, 1990 Plantation Key A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date at the Courthouse in Plantation Key. Present and answering to roll call were Commissioner Douglas Jones, Commissioner Eugene Lytton, Commissioner Michael Puto, and Mayor John Stormont. Absent from the meeting was Commissioner Wilhelmina Harvey due to illness. Also present were 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. The Board proceeded to make additions and correc- tions. COMMISSIONERS' ITEMS Mayor Stormont discussed the proposed modifications of the Solid Waste Act and advised that the City of Key West had accepted the County's recommendations. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to appropriately direct that we rapidly proceed with the Solid Waste Act Amendments as per City and County actions on Issues 2, 3, 4, 5, 6, 8, 9, 10, and 12~ to incorporate the City's recommendations of trustees' appointments within thirty days and executive director within ninety days following trustees' first meeting in Issue 7~ and to make no changes to Issues 1 and 11. Motion carried unanimously. The meeting of the Board of County Commissioners recessed. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT ---- ---- --- BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Hal Halenza, Eugene Lytton, John Stormont, and Chairman Michael Puto. Absent from the meeting was Mickey Feiner. Reggie Paros, Director of the Division of Public Safety, addressed the Board. Fire Marshal Motion was made by Commissioner Lytton and seconded by Commissioner Halenza to grant approval to advertise for sealed bids for fifty-eight sets of Bunker Clothing for Structural Fire Fighting. Motion carried unanimously. RR 087 Motion was made by Commissioner Lytton and seconded by Commissioner Halenza to accept Staff recommendation to accept the low proposal of $6,706.00 from Brumm Contracting Inc. for installation of a new garage door and related work at the Layton Fire Station. Motion carried unanimously. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Stormont to grant con- ceptual approval to proceed with the Stock Island Fire Station renovation project as set out in memorandum from the Fire Marshal dated February 22nd, subject to presentations to the Board of all proposals and cost breakdowns. Motion carried unanimously. Emergency Medical Services Reggie Paros addressed the Board. After discussion, motion ws made by Commissioner Halenza and seconded by Commissioner Stormont to grant approval to con- vert the Ambulance Billing Coordinator from a contract posi- tion to regular employee status. Motion carried unanimously. Fire Marshal Rosalie Connolly, Deputy Clerk, advised the Board of receipt of a late bid for Self-Contained Breathing Apparatus for District 1 and requested direction from the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Halenza to reject the bid and direct the Deputy Clerk to return to sender. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. * * * * * BEACH AUTHORITY The Board of County Commissioners sat as the Beach Authority. Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve the recommended appointment of Tom Sawyer for the Beach Advisory Board in place of Randy Moore. Motion carried unanimously. The County Administrator read a memorandum from Frank Butler of Post, Buckley, Schuh & Jernigan advising that they had been officially notified by Al Culpepper of FDER that the joint Monroe County/City of Key West beach project is a part of the State of Florida recommendation for inclusion in the FY 91 Federal Public Works Program. Commissioner Lytton spread on the record that the reason for Randy Moore's resignation from the Beach Advisory RR 088 Board was because he had been chosen to be Chairman of the Tourist Development Council District #1 Advisory Board and felt there might be a question of conflict of interest. The County Administrator was directed to prepare for the Mayor's signature a letter to Mr. Moore to thank him for the fine job performed by him. * * * * * The Regular Meeting of the Board of County Commissioners reconvened. SOUNDING BOARD Franklin Greenman, attorney for Charles pierce, addressed the Board regarding the termination of Mr. Pierce's lease at Marathon Airport. Peter Horton, ACA/ Community Services, advised the Board that Staff would be willing to meet with Mr. Greenman in an effort to resolve this problem. Randy Ludacer, County Attorney, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution rescinding Resolution No. 780-1989 which terminated the Lease between Charles Pierce and Monroe County for hangar space at the Marathon Airport. Motion carried unanimously. RESOLUTION NO. 142-1990 See Res. Book No. 89 which is incorporated herein by reference. Allan C. Pederson, Production Manager of Desperado Pictures, Inc., addressed the Board regarding a television movie being filmed here on the Keys and requested permission to conduct some of the filming at the Key West Airport. Commissioner Lytton then read into the record the following synopsis of the proposed movie: "LAND'S END "Ten years ago a Manhattan lawyer named Jake Besserian left the congestion and confinement of New York City in search of a more peaceful and soul-cleansing existence. It wasn't easy, for in leaving his old lifestyle he said goodbye to a career minded wife in a seriously faltering marriage, as well as his two sons, Michael age 10, and David age 7 - whom he knew he would miss terribly. "He found what he was looking for in the Florida Keys, a beautiful clear water tropical paradise filled with wildlife, flora, and vegetation -- the only place of its kind in the continental USA. He was attracted to it not only for these reasons, but also because for the most part it was undeveloped. He happened upon a Botel/Marina operation that was for sale, purchased it, and set up a new life providing legal services for the local Key Islanders while incorporating sunset fishing excursions and ecological conservationism. "Now it's the present. Jake has become an admired and respected individual among Key Islanders. His main pull is to protect their lush environment from those who have a reckless RR 089 disregard for its well being. He looks out for the common man who might have trouble going toe to toe with a corporate big shot who wants to build a condominium on what should be a wildlife refuge, or a protected area. "He is in the middle of such a case when he is surprised to receive a phone call from his ex-wife. She's turning over custody of their two sons to him. He doesn't know quite how to react to this. Of course he is excited and anxious to be with them after missing them for so long - but how will they regard him, and react to the Keys environment, and his changed way of life? "Michael and David arrive and are instantly taken by the splendor and beauty of the Florida Keys. David particularly can't learn enough about the different fish and animals that surround him. With the knowledge he gains from Jake's older swamp-dwelling friend Earl, he has come to realize that this is a place worth fighting for and protecting. "Jake in the meantime learns that Earl is in danger of losing his land to a condo developer. Now, newly reunited, Jake and his boys overcome the awkwardness of time separation in an effort to join in the common cause of protecting the beauty and sanctity of their surrounding environment - while in turn helping Earl hold on to all that is so precious to him. "In the end they succeed, and come to realize that together they make a good team. All three of them look forward to making sure the delicate harmonious balance between man, nature, and the environment continues to thrive in the surrounding area of the beautiful Florida Keys." After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Puto to grant permission to Desperado Pictures, Inc. to use the Key West International Airport for filming scenes for their television movie. Motion carried unanimously. COMMISSIONERS' ITEMS The County Administrator again addressed the bills from BRW, Inc. The Board and Staff entered into a lengthy discussion regarding payment. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to accept Staff recommendation to approve the payment to BRW, Inc. in the amount of $124,977.75 for work products pre- sently in hand based on Staff assurances that the work pro- ducts meet minimal quality standards. Roll call vote was taken with the following results: Commissioner Jones No Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont Yes Motion carried. RR 090 PUBLIC HEARINGS A Public Hearing was held on the Solid Waste Task Force Solid Waste Plan. The following individuals addressed the Board: Hal Halenza, Vice Mayor of the City of Layton, Margaret Greerlich, Dennis Henize, Paul Warrenfeltz, Suzanne Pate, E. H. Nichols, George Kundtz, Bob Blandford, Franklin Ostrander, Howard Burr. Lesley Bush and David Makepeace and representatives of Coral Shores High School (Tanya Fedder and Stephanie Howard) addressed the Board regarding their "Recycling Week" Program. Bill Haynes, Earl Cheal, Dagny Johnson and Sven Lindskold also addressed the Board. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to continue to the final hearing. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending the Building Code and providing that certain buildings be required to have hurricane shutters~ 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. The Board was presented with the revised proposed Ordinance numbered PH-2a to be used for their final consideration. A. H. Robinson addressed the Board. Motion was made by Mayor Stormont and seconded by Commissioner Jones to amend Section 4-A-3 by adding the following sentence thereto: "This shall only affect permits issued after the effective date of this Ordinance." Motion carried unanimously. Motion was then made by Mayor Stormont and seconded by Commissioner Jones to amend Section 4-A-l by adding the following thereto: "(excluding 'mobile homes')" Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to add a new Section 4-A-5 as follows: "The foregoing shall not constitute development." Motion carried unanimously. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 004-1990 See Ord. Book No. 23 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance regulating burglar or robbery alarms by providing defini- tions, requiring the filing of certain information regarding the burglar or robbery alarm system and user with the Sheriff's Office~ providing for certain burglar and robbery alarm equipment~ providing a $100.00 service charge for each false alarm beyond five~ providing for penalties~ 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 RR 0 9 1 County Attorney read by title only. The County Attorney directed that the figure "$100.00" be struck from the seventh line of the title and that the word "five" be changed to the word "six" in the eighth line of the title. He also advised that the copy marked PH3 should be con- sidered through the "BE IT ORDAINED" sentence and then the Board should consider the copy marked PH3A. Sheriff DeFoor, Sergeant Pinder, and representatives of the Sheriff's Office addressed the Board. After lengthy discussion, the Board directed that the word "is" be deleted in the first sentence of Section 5 and the words "which is not" be inserted in lieu thereof. The Board also directed that a new Subparagraph (c) be added to Section 5 regarding the fre- quency designations. After further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Puto to direct that proper format be used and amendments be made to the proposed Ordinance and continue to the Final Hearing. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance providing for definitions~ providing that no former County officer or employee shall, within two years of leaving office or employment, for compensation, act as an agent or attorney for another person or business entity in any appearance before or communication with, a County board, commission, advisory body, department, division, special district, or bureau in connection with any contract~ pro- viding for exemptions~ providing that, except as required to discharge official duty, no County officer or employee shall, on behalf of any other person or business entity, make an appearance before, or communication with, any County board, commission, advisory body, department, division, special district or bureau in connection with any contract~ providing for exemptions~ providing that any person or busi- ness entity which has had a former officer or employee sub- ject to this Ordinance or County employee act on its behalf in connection with a contract award shall be ineligible for such award~ providing that the County may terminate contracts entered into in violation of this Ordinance without liability and may deduct from the contract price, or seek recovery of, any monies paid to former County officers or employees or County employees by a person or business entity to act on its behalf in violation of this Ordinance~ providing for severability~ providing for incorporation into the Monroe County Code~ providing for repeal of all Ordinances inconsistent herewith~ and providing for an effective date. Proof of publication was entered into the record. The County Attorney read by title only. Assistant County Administrator Peter Horton addressed the Board. Mayor Stormont encouraged Staff and the public to submit written comments or recommended changes directly to him. The County Attorney was directed to add the definition of "Agent" as Subparagraph f to Section 1. After further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to continue to the next sche- duled Public Hearing. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance in order to provide that advance registrations for trade shows for the Fiscal Year 1991 be paid from Tourist Development Council funds in Fiscal Year 1990~ providing for severability~ providing for repeal of all Ordinances incon- sistent 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. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to RR 092 adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 005-1990 See Ord. Book No. 23 which is incorporated herein by reference. A Public Hearing was held concerning a request by Key Largo Lodge to approve vacating a portion of a plat of Angler's Park Shores Subdivision. James Hendrick, attorney, addressed the Board on behalf of the applicant, Key Largo Lodge, Inc. Bob Herman, Acting ACA/Growth Management Division, addressed the Board. The following individuals addressed the Board: Ken Smith, attorney representing cer- tain surrounding property owners~ Bob Stracer, representing the Board of Directors of Largo Sound Park Club, Inc.~ Cherry McDaniel (who also presented affidavits of various property owners for the record)~ Duane McCullough~ Nan Kitchens~ Dagny Johnson. Boyce Ezell, attorney for oppo- nents, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to deny the requested vacation of the plat. During discussion, the application was withdrawn by the attorney for the applicant. There being no further business, the meeting was adjourned. * * * * * ~