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07/10/1990 Regular ss- 0090 Regular Meeting/Comprehensive plan Board of County Commissioners Tuesday, July 10, 1990 Plantation Key A Regular Meeting of the Board of County Commissioners convened at 10:00 a.m. on the above date in Courtroom "A" of the Courthouse in the Plantation Key Government Center. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Eugene Lytton, and Mayor John Stormont. Commissioners Douglas Jones and Michael Puto arrived later in the meeting. 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. Mr. Baggs discussed the new proposed schedule pur- suant to his letter dated July 3rd. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to employ a court reporter to be present at the meetings before the Board on August 10th, 13th and 14th. Roll call vote was unanimous with Commissioner Puto not present. Motion was made by Mayor Stormont and seconded by Commissioner Jones to amend the Comprehensive Land Use Plan Schedule to set meetings as follows: August 8th 5:00 p.m. Public Input to BOCC August 9th 5:00 p.m. Public Input to BOCC August 10th 9:00 a.m. Board and Staff Discussion August 13th 9:00 a.m. Board and Staff Discussion August 14th 9:00 a.m. Back -up Day Motion carried unanimously with Commissioner Puto not pre- sent. Commissioner Lytton discussed and advised the Board regarding his report at the last Cabinet meeting. There being no further business, the meeting was adjourned. * * * * * 58 00 t:t I ./f?t V I s~.D Regular Meeting Board of County Commissioners Tuesday, July 10, 1990 Plantation Key A Regular Meeting of the Board of County Commissioners convened at 1:05 p.m. on the above date in Courtroom "A" of the Courthouse in the Plantation Key Government Center. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Eugene Lytton, Commissioner Michael Puto, and Mayor John Stormont. 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. All stood for the Invocation and Pledge of Allegiance. Commissioner Jones discussed an unsigned note that he had received from the "Earth First" organization. The Board discussed a letter from attorney Nicholas Mulick requesting the continuance of Public Hearing No. 1 scheduled for today. COMMISSIONERS' ITEMS Motion was made by Commissioner Harvey and seconded by Commissioner Puto to allow speakers to address the Board for three minutes each regarding the Holiday Isle Focal Point Study. Motion carried unanimously. The following persons spoke: Bob Hamilton of Islamorada, Tom Baker of Tavernier, Tom Fouts of Islamorada, Mike Griffin of Key Largo, Craig Smith of Islamorada, Jerry Schader of Tavernier, Keith Burgin of Key Largo, Ruth Ackerman of Key Largo, Stan Marvin of Tavernier, Fred Wilt of Islamorada, Carol Garnier of Islamorada, John Baldwin of Key Largo. Bob Herman and Lorenzo Aghemo of the Growth Management Division, attorney James Mattson, and Code Enforcement Director Peter Horton addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to accept Staff's recommendation as follows: 1) To approve the focal point plan prepared by Kimley-Horn and Associates, Inc., with the fol- lowing conditions: l.l The plan shall include a management program to control pedestrian crossing, from the Holiday isles Resort to the proposed parking lot on FOOT right of way, in a safe and efficient manner. l.2 Discussion of level of service of u.S. 1 shall not be part of the plan, instead the analysis shall be limited to a determination that an ingress and egress plan to U.S. 1 will function at I ~ vI5~;P 55 oOCf/-A level of service D by a way of a method that is approved by the County Engineer and accepted by FOOT. l.3 The proposed crossing facility shall be approved by FOOT. 1.4 The proposed satelite parking lots shall be modified so as to conform with setback and parking aisles requirements as determined by the LDR. In addition the focal point plan shall include a management plan to accommodate overflow parking demand if necessary. 2) To maintain the ACCC designation in effect. 3) To direct the director of planning to implement the focal point plan with the above described con- ditions by way of a conditional use review pursuant to Section 9.5-480. 4) The implementation of the focal point plan shall be subject to the following: 4.1 An enforceable lease agreement with FDOT for utilization of FOOT surplus right of way must be secured by the principal owner of the Holiday Isles Resort. 4.2 There is sufficient proof that all property owners of land within the Holiday Isles ACCC are in agreement with the proposed focal point plan. 5) Direct the director of planning to initiate the process conducive to the removal of the ACCC designa- tion pursuant to Section 9.5-480,(c),(3) of the LDR. 6) Direct the Planning Department to coordinate with the author of the proposed focal point plan to insure that the conditions described in point "l)" of these recommendations are accomplished. 7) Request the cooperation of Monroe County Sheriff Department with the Holiday Isles Resort managers to enforce a program that will prevent pedestrian cross- ing on u.S. 1 during weekends and special events days while the implementation of the focal point plan is in process. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont NO Motion carried. 55' OOGJ~ ~~ VIS~.J) SOUNDING BOARD Attorney Randolph W. Sadtler addressed the Board regarding clarification of Resolution No. 264-1990 remanding the appeal of the Seanic Corporation to the Planning Commission concerning the project known as Captain's Cove. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to direct the County Attorney to write to the Chairman of the Planning Commission reminding him of the contents of Resolution No. 264-1990 and advising that they should accept jurisdiction as provided by law. Roll call vote was unanimous. County Administrator Tom Brown gave a brief report on current negotiations regarding the Stock Island jail facility. County Attorney Randy Ludacer advised the Board that the closing on the acquisition of Norman's Island was to be held within the next two weeks. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Jones and seconded by Commissioner Puto to adopt, as amended, the following Resolution establishing a permit fee schedule to be charged for all types of construction or construction-related work requiring a permit from Monroe County including inspections and permit transfers. Motion carried unanimously. RESOLUTION NO. 333-1990 See Res. Book No. 91 which is incorporated herein by reference. MUNICIPAL SERVICE DISTRICT (WASTE) Motion was made by Mayor Stormont and seconded by Commissioner Lytton to approve and authorize execution of a contract in the amount of $86,391.00 with Main Line Corporation, as sole source, for computer software/hardware and support services concerning the preparation and main- tenance of the Assessment Roll. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to authorize the preparation of a Resolution to bring back to the Board amending the approved items for purchase under the Capital Equipment Note. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont Yes Motion carried. Motion was made by Commissioner Puto and seconded by Mayor Stormont to grant permission to advertise a Request For Proposals for design and construction of a septic treat- ment plant. Motion carried unanimously. The Board discussed its previous action concerning an engineering study in connection with the City of Key West's liquid waste facility and the treatment of County septage. Motion was made by Mayor Stormont and seconded by Commissioner Jones to cancel the Board's previous action to appropriate $l6,000.00 for a study to be done concerning the possibility of the I 55 0 0 9 3 City of Key West's disposing of County septage. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Puto to authorize Staff to proceed with the installation of the additional liner at Cudjoe Key at a cost of $1,000,000.00. Motion carried unanimously. PUBLIC HEARINGS 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. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Jones to continue to the next Upper Keys meeting. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Section 2(B) of Ordinance No. OlO-l990 pertaining to procurement ethics within the Monroe County Government in order to correct a scrivenors error therein; 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. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Ordinance. ORDINANCE NO. 020-l990 See Ord. Book No. 24 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Section 12-7, Monroe County Code, in order to repeal the requirement that the County zoning Director approve applications for occupational licenses in order to check the proposed business site for zoning appropriateness; amending Section 12-7, Monroe County Code, in order to repeal the requirement that an occupational license cannot be issued for a site which already has an existing occupa- tional license unless certain conditions are met; amending Section 12-7, Monroe County Code, in order to repeal the requirement that no occupational license may be issued to a person required to contract for solid waste service unless that person can produce proof of a valid solid waste service contract; 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. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont No 55 0094 Motion carried. ORDINANCE NO. 02l-l990 See Ord. Book No. 24 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance imposing an additional one cent gas tax in Monroe County, including the cities, for the purpose of funding a transpor- tation system and related facilities and the cost of acquisition, construction, reconstruction and maintenance of roads and streets; providing that a portion of the tax pro- ceeds may be distributed by interlocal agreement to any or all of the cities in the County; providing for a referendum as to whether the tax should be imposed; 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. There was no public input. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to adopt the following Ordinance with the County Attorney's amended wording. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto No Mayor Stormont Yes Motion carried. ORDINANCE NO. 022-1990 See Ord. Book No. 24 which is incorporated herein by reference. A Public Hearing was held for the purpose of deter- mining whether or not the following described streets, alleyways, roads or highways in Boca Chica Ocean Shores Subdivision shall be abandoned: Osprey Lane, Townee Lane, Pelican Lane, Geiger Road, Heron Drive, Flamingo Drive, Limpkan Lane. Proof of publication was entered into the record. The County Administrator presented a letter from Captain Ensch of the Boca Chica Naval Air Station concerning this matter. There was no public input. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution to approve the abandonment. Roll call vote was unanimous. RESOLUTION NO. 334-1990 See Res. Book No. 92 which is incorporated herein by reference. AWARD OF BIDS Motion was made by Commissioner Jones and seconded by Commissioner Puto to continue to the July 11th meeting consideration of the bid for Hazardous Waste Collection. Motion carried unanimously. MUNICIPAL SERVICE DISTRICT (WASTE) Charles Aguero, Director, discussed a proposed Tentative Budget for the Municipal Service District for SS 0095 Fiscal Year 1991. Motion was made by Mayor Stormont and seconded by Commissioner Puto to increase Capital Outlay in the Recycling Department by $202,725.00, to revise the Revenue to include Tipping Fees on the basis of current ton- nage and to reflect Revenue of approximately $300,000.00 from Impact Fees with directions to the Planning Commission to act on the District's request for the use of Impact Fees. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont Yes Motion carried. Motion was made by Commissioner Jones and seconded by Commissioner Puto to request Staff to provide information concerning the number of trucks and drivers necessary to accomplish the Recycling Program. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Stormont to authorize the preparation of a proposed rate Resolution on the basis of the presen- tation of the current information concerning the proposed Fiscal 1990/1991 Budget, as amended by the Board. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont Yes Motion carried. There being no further business, the meeting was adjourned. * * * * *