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05/29/1990 Regular 55 0029 Regular Meeting/Comprehensive Plan Board of County Commissioners Tuesday, May 29, 1990 Key Colony Beach A Regular Meeting of the Board of County Commissioners convened at 10:30 a.m. on the above date at City Hall in Key Colony Beach. 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 Danny Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. Robert Baggs, Project Manager of the Comprehensive Land Use Planning Team, addressed the Board. The Board entered into a discussion of the various aspects of the Comprehensive Land Use Plan effort. No action was taken. Mayor Stormont discussed a proposal to eliminate "performance zoning" to be accomplished in 1991. Motion was made by Mayor Stormont and seconded by Commissioner Puto to conceptually adopt the "Future Land Use Element - Preface Paragraph" to be directed to Mr. Baggs for incorporation in the Comprehensive Land Use Plan process. Motion carried unanimously. Bob Herman, Acting Director of the Growth Management Division, discussed a meeting with DCA concerning the Level Of Service of Transportation in Monroe County and discussed the imminent receipt of a letter from DCA and the Florida Department of Transportation concerning the County's methodology in establishing the Level of Service. Mr. Herman and the Board also discussed the need for mailed notices for zoning changes of less than 5% pur- suant to the provisions of Chapter l25.66(5)(a). Motion was made by Commissioner Lytton and seconded by Commissioner Puto to direct the County Attorney to determine the necessity of mailed notices pursuant to 125.66(5)(a) in relation to the current Big pine Key Area of Critical County Concern process. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * * S~ 0030 Regular Meeting Board of County Commissioners Tuesday May 29, Key Colony Beach A Regular Meeting of the Board of County Commissioners convened at l:05 p.m. on the above date at the City Hall in Key Colony Beach. 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 Wilhelmena Harvey. 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 Invocation and Pledge of Allegiance. COUNTY ADMINISTRATOR Jose Gonzalez of Gonzalez Architects, together with representatives of Hansen Lind Meyer and Morrison-Knudsen, presented Conceptual Site Plan #2 and addressed the Board concerning the conceptual design of the proposed jail faci- lity on Norman's Island. They discussed provisions to pro- vide for an infirmary and to provide for dormitories within the main jail complex. Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve the inclusion of an infirmary as presented by the architectural firm. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Jones to include 200-bed dormitories into the basic design and authorize a contract amendment pursuant to Schemes CA and CB to be constructed up to the point where a certificate of occupancy could be obtained and where the necessary Department of Corrections' approvals could be obtained. Motion carried unanimously. COMMUNITY SERVICES Airport Services Presentations were made by the firms of David Volker & Associates, Greiner, Inc., and Hunter/RS&H, respon- dents to the RFP for Airport Engineering Consultant to pre- pare plans, specifications and provisions of special services including testing, surveying, and resident inspec- tion for construction of a new public terminal building, aircraft parking ramp, automobile parking, sewage treatment plant, and related work for the Marathon Airport. The Board announced that the selection process would be by ranking all firms according to a point system, reflecting the Number One selection to receive the Number One vote, and the successful nominee would be that one with the lowest point total. The Board proceeded to ballot with the following results: Jones Lytton Puto Stormont Total Volker 3 2 3 1 9 Greiner 1 3 1 3 8 Hunter/RS&H 2 1 2 2 7 _I 55 0 0 3 1 The Clerk announced the results of the tabulation which named Hunter/RS&H as the successful bidder. Motion was made by Commissioner Puto and seconded by Commissioner Jones to authorize Staff to negotiate with the firm of Hunter/RS&H. Motion carried unanimously. Presentations were made by the firms of Hunter/RS&H, Greiner, Inc., and Dames & Moore, respondents to the RFP for Airport Engineering Consultant for the pre- paration of a Development of Regional Impact Study for a new terminal building and associated facilities for the Marathon Airport. The Board announced that the selection process would be by ranking all firms according to a point system, reflecting the Number One selection to receive the Number One vote, and the successful nominee would be that one with the lowest point total. The Board proceeded to ballot with the following results: Jones Lyt ton Puto Stormont Total Dames & Moore 1 1 1 3 6 Greiner 3 3 3 2 II Hunter/RS&H 2 2 2 1 7 The Clerk announced the results of the tabulation which named Dames & Moore as the successful bidder. Motion was made by Commissioner Jones and seconded by Commissioner Puto to authorize Staff to negotiate with the firm of Dames & Moore. Motion carried unanimously. SOUNDING BOARD Al Beattie addressed the Board concerning commer- cial signs. After discussion, motion was made by Mayor Stormont and seconded by Commissioner Jones to approve as a policy the following items as contained in a memorandum dated August 25, 1989 from Mayor Stormont to the Director of Planning: A. An individual occupant of a multi- occupancy commercial building is only responsible for the portion which he occupies. B. Therefore, he is entitled to only the rights conveyed to his portion of the building, as to signage. (#l above) C. And therefore, he is not penalized because of the portion of the building which is not his, (#2 above) and is not required to bring into conformance that for which he is not responsible. Motion carried unanimously. MANAGEMENT SERVICES Motion was made by Commissioner Jones and seconded by Commissioner Puto to hear the 3:30 p.m. "time certain" item regarding Pigeon Key. Motion carried unanimously. SS 0032 Commissioner Puto discussed this matter. Jim Lewis of the Pic,eon Key Advisory Authority addressed the Board regarding th~respondents to the RFP - Historic Pigeon Key Consultant Proposal. Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve the selection of the firm of Dennis A. Beebe/Arva Park & Company/ Elizabeth K. Ehrbar/ Economic Research & Associates pursuant to the recommendation of the Pigeon Key Advisory Board and to authorize negotiations for a contract. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance relating to the demolition of uninhabitable structures; pro- viding a declaration of legislative findings and defini- tions; establishing the duties and powers of the enforcement officer; establishing procedures for the inspection of such structures and notification to the interested parties; pro- viding for appeals to the Appeals Board; setting forth pro- cedures concerning the enforcement of this Ordinance and the recovery of related costs; providing for severability; pro- viding for the repeal of all Ordinances inconsistent herewith; providing for inclusion in the Monroe County Code; and providing for an effective date. Proof of publication was entered into the record. Randy Ludacer, County Attorney, requested that the proposed Ordinance be withdrawn from consideration. A Public Hearing was held on a proposed Ordinance repealing Section 6-l6.l(4), Monroe County Code, regarding building permit fee exemptions; repealing Section 6-l6.1(5), Monroe County Code, regarding building permit fees; repealing Section 6-l6.1(6), Monroe County Code, regarding administrative penalty for failure to obtain a permit; repealing Section 6-39, Monroe County Code, regarding building permit fees; repealing Ordinance No. 024-l989 regarding construction not requiring a building permit; repealing Ordinance No. 001-1990 regarding building permit fees for land clearing; repealing Section 6-40, Monroe County Code, regarding reinspection fees; providing for severability; providing for repeal of all Ordinances incon- sistent herewith; providing for incorporation into the Monroe County Code; 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 read by title only. Motion carried unanimously. George Aladro and Frank Greenman addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the Ordinance. During discussion, motion was made by Mayor Stormont to postpone implementation until appropriate Resolutions have been adopted by the Board. After further discussion, this motion was withdrawn. Motion was made by Commissioner Jones and seconded by Commissioner Puto to continue this item until an appropriate Resolution establishing fees can be prepared for adoption by the Board of County Commissioners concurrently with the Ordinance. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance creating Section 6-l6.1Cl), Monroe County Code, in order to provide that all building permit fees may be set by Resolu- tion of the Board of County Commissioners; amending Section 6-4l, Monroe County Code, in order to provide that the Board of County Commissioners may set after-the-fact building permit fees for work initially done without a permit and to 55 0033 provide that the site of the unpermitted work may be restored to its original condition and providing environmen- tal restoration standards therefor; amending Section 6-42, Monroe County Code, to provide that volunteer fire depart- ments and emergency medical service providers are exempt from building permit fees; amending Section 5-23(b), Monroe County Code, in order to provide that fees for blaster per- mits may be set by Resolution of the Board of County Commissioners; 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. Motion was made by Commissioner Jones nad seconded by Commissioner Lytton to continue this item until an appropriate Resolution can be prepared for adoption by the Board of County Commissioners concurrently with the Ordinance. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Section 6-65, Monroe County Code, in order to pro- vide additional requirements including a minimum fee of $500 to renew a lapsed contractor certificate of competency; amending Section 6-66, Monroe County Code, in order to pro- vide additional grounds for contractor discipline, to wit: the violation of any County contracting and building related Ordinances or the violation of contractor and building related State Statutes and Administrative Code Sections; creating Section 6-66.1, Monroe County Code, which provides for prohibited acts for journeyman, master or maintenance man, including work outside the certificate held, departure from approved plans, misrepresentation of material fact in an application for a certificate aiding and abetting a non- certificate holder to evade applicable provisions of the Monroe County Code, allowing a third person to use his cer- tificate, commission of fraudulent acts while functioning as a certificate holder, and providing a penalty therefor; pro- viding for severability; providing for repeal of all Ordi- nances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to read by title only. Motion carried unanimously. George Aladro addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following amendments pursuant to the County Attorney's request: (l) change the words "minimum fee of $500" to the words "maximum fee of $500" in the caption of the Ordinance and (2) remove the word "greater" at the end of Paragraph 2 of Section 1 and replace with the word "less". Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to modify to delete all references to "maintenance man" and replace with the words "maintenance personnel". Motion carried una- nimously. Motion was then made by Mayor Stormont and seconded by Commissioner Puto to remove all references to "maintenance personnel". Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. Ol6-1990 See Ord. Book No. 23 which is incorporated herein by reference. * * * * * 55 0034 BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Randy Ludacer, County Attorney, made the statu- tory announcement concerning the need for transcripts of the appeals being considered. The appeal by H. Ray Allen, agent for Boot Key Harbor Plaza, of the Planning Commission's decision to deny approval of a proposed major conditional use in order to construct a shopping center and marina on property located at Section lO, Township 66, Range 32, Key Vaca, was withdrawn at the request of the Appellant. The Board then considered the appeal by Frank Greenman, agent for Donald Libera, of the Planning Commission's decision to deny an appeal of a denied dredge permit application for property located adjacent to Appellant's property located on Lot 6, Block D, Waloriss Subdivision, Marathon, MM 50. Mr. Greenman addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to grant the appeal on the basis that what was requested was indeed "maintenance dredging". Roll call vote was taken with the following results: Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes No Motion carried. * * * * * COMMISSIONERS' ITEMS Motion was made by Commissioner Jones and seconded by Commissioner Lytton to adopt the following Resolution naming the Big Pine Key Arterial Access Road as "Lytton's Way". Motion carried unanimously. RESOLUTION NO. 281-l990 See Res. Bok No. 91 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution opposing an increase in the service charges by the State of Florida for certain trust fund accounts. Motion carried unanimously. RESOLUTION NO. 282-l990 See Res. Book No. 91 which is incorporated herein by reference. MISCELLANEOUS Stephen Mathues, Staff Attorney, Department of General Services, addressed the Board regarding a License Agreement between Monroe County and the Department of General Services concerning a radio tower in Plantation Key. Reggie paros, Director of the Public Safety Division, also addressed the Board. Motion was made by Commissioner Puto I ss 0035 and seconded by Mayor Stormont to approve and authorize exe- cution of the License Agreement with the Department of General Services for a communications tower. During discussion, motion was made by Mayor Stormont and seconded by Commissioner Puto to amend to include a paragraph as follows: "The COUNTY covenants and agrees that it will indemnify and hold the DEPARTMENT and its officers, agents and employees harmless from any claims, loss, damage, cost, charge or expense arising out of any act, action, neglect, or breach of this Agreement by the COUNTY during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject to the extent that such act, action, neglect or breach is the cause of said claim, loss, damage, cost, charge or expense; provided however that the County's liablity here- under shall not exceed the monetary limits specified in Section 768.28 Fla. Stat." Roll call vote was taken with the following results: Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont No Yes Yes Yes Motion carried. Roll call vote on the original motion as amended was taken with the following results: Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont No Yes Yes Yes Motion carried. SOUNDING BOARD Wes Sidebottom of Sidebottom Construction addressed the Board and discussed a ten percent after-the-fact building permit refund request. No action was taken. Gene Paxton of Cudjoe Key addressed the word con- cerning solid waste issues. George Kundtz, and Mike Tinnell of Little Torch Key, also addressed the Board. No action was taken. George Kundtz and David Ornstein, President of the Cudjoe Key Homeowners Association, addressed the Board con- cerning the Florida Sunshine Law and the the Board of County -- Commissioners' Administrative Procedures. No action was taken. There being no further business, the meeting was adjourned. * * * * *