Loading...
11/13/1990 Regular IT I 0130 Regular Meeting/Comprehensive PIa Board of County Commissioners Tuesday, November 13, 1990 Big Pine Key A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:30 a.m. on the above date at St. Peter's Church in Big Pine Key. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Eugene Lytton, Commissioner Michael Puto, and Mayor John Stormont. Commissioner Douglas Jones arrived after the roll call. 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. Bob Herman, Director of the Growth Management Division, and members of the Planning Staff addressed the Board. Mr. Herman discussed a letter from the Department of Interior concerning the Coastal Barrier Reef Act. Lorenzo Aghemo, Director of Planning, and Mark Rosch, Capital Improvements Coordinator, made presentations to the Board concerning the schedule and approach to the preparation and adoption of the Land Development Regulations. John Scharch of the Planning Commission addressed the Board. No official action was taken. There being no further business, the meeting was adjourned. * * * * * TI' o 1 3 1 Regular Meeting Board of County Commissioners Tuesday, November 13, 1990 Big Pine Key A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date at St. Peter's Church on Big Pine Key. 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. ADDITIONS AND CORRECTIONS Commissioner Lytton requested to add to the Agenda as Board of Appeals Item No. 3 a reconsideration of the Board of Appeals decision on the Captain's Cove Project. Roll call vote was taken on this request was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes Yes No This item was added to the Agenda. SOUNDING BOARD Sandra Glynn addressed the Board concerning fences and/or hedges along front property lines and Monroe County Code 19-106. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to authorize the adver- tisement of a proposed Ordinance that would change the height limitation not to exceed six feet along the front property line. During discussion, motion was made by Commissioner Jones to amend to suspend all actions pending before the Code Enforcement Board until this Ordinance change is considered. The Chairman ruled the amendment out of order. The vote on the original motion was unanimous. Franklin Greenman, attorney, addressed the Board concerning consideration of a motion for rehearing regarding the appeal of David and Rosemary Connor. Motion was made by Commissioner Harvey and seconded by Mayor Stormont to remand the case of David and Rosemary Connor back to the Planning Commission in order to perfect the record. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes No Yes IT 0132 Motion carried. Robert S. Devitt of R.S.D. Construction, Inc. and the Board discussed the permitting process as it related to a problem that he was having with a seawall. Motion was made by Commissioner Harvey and seconded by Commissioner Jones that a letter written by Robert Herman, Director of Growth Management Division, be presented by him to the Board and that the Board should decide whether or not to hold the hearing at this time. The Chairman ruled the motion out of order. Motion was then made by Commissioner Lytton and seconded by Commissioner Jones to suspend the rules. The Chairman ruled this motion out of order. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to challenge the Chair. Roll call vote on the challenge of the Chair was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes Yes No Motion carried. Randy Ludacer, County Attorney, ruled that this procedure was not appropriate and on the basis of that, the Chair once again ruled the motion out of order. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to not accept the County Attorney's opinion. Roll call vote on this motion was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes No No No Motion failed. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to request Staff to re- visit this matter and see if they were in error and report back to the Board within the next five days. Roll call vote was unanimous. Servando Parapar of the Florida Department of Transportation addressed the Board concerning the Five-Year Work Plan. The following individuals addressed the Commission: Gary Edelson, Ray Fenton, Cindi McDonald, Richie Moretti, Hans Stiglitz. Motion was made by Mayor Stormont and seconded by Commissioner Harvey to adopt the following Resolution reallocating the major portion of the Eight Million Dollars scheduled for four-laning at the west end of Marathon and thus to be used for immediate projects and retaining a portion for right-of-way and planning. Motion was made by Commissioner Lytton to amend to include, as an alternate use of the funds, improvements on Big Pine Key to alleviate the Level Of Service problem and in other areas. The amendment was accepted by the maker. Motion as amended carried unanimously. RESOLUTION NO. 581-1990 See Res. Book No. 95 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES B. G. Carter addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to TI. 0133 approve and authorize execution of an Employment Agreement with David P. Kirwan for legal services to the Code Enforcement Board. Motion carried unanimously. Peter Horton, Division Director, addressed the Board concerning a proposed contract extension with Post Buckley Schuh & Jernigan for General Airport Consulting Services. Motion was made by Commissioner Jones and seconded by Mayor Stormont to defer this matter to the next meeting. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes No No Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance adopting a Land Use District Map Amendment from Recreational Vehicle to Urban Residential Mobile Home Limited on property known as Seaside Resort and located on Big Coppitt Key, Florida, MM ll~ providing for severability~ and providing for an effective date. Proof of publication was entered into the record. The County Attorney read by title only. Clyde Silver of Seaside Park addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Ordinance. Motion carried una- nimously. ORDINANCE NO. 032-1990 See Ord. Book No. 25 which is incorporated herein by reference. A Public Hearing was held to receive citizen views concerning the community's housing and community development needs with regard to the submission to the Department of Community Affairs of a Community Development Block Grant (CDBG) to benefit low to moderate income persons. Proof of publication was entered into the record. George Harper, Director of the Division of Management Services, addressed the Board concerning the purpose of the Public Hearing. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to approve submission of the application for the Community Development Block Grant, pending the results of the second Public Hearing. Motion carried unani- mously. MISCELLANEOUS Motion was made by Commissioner Jones and seconded by Commissioner Puto to approve expending Police Facilities Impact Fees for the purchase of two new patrol cars for the two additional School Resource Officers obtained through the Anti-Drug Abuse Grant. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Stormont to adopt a Resolution transferring funds from the Fine & Forfeiture Fund Contingency to the personal services and opertaing expenses accounts of the Sheriff's Budget and the Sheriff's Group Insurance. During TT 0'34 discussion, Mayor Stormont withdrew his second. Commissioner Jones then seconded the motion. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to defer this matter to the next Board meeting. During discussion, this motion was withdrawn. Motion was made by Commissioner Jones directing the County Administrator to review the budget and recommend a source of funding other than Contingency. During discussion, this motion was withdrawn. Motion was then made by Commissioner Harvey and seconded by Commissioner Puto to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 582-1990 See Res. Book No. 95 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to adopt the following Resolution transferring funds from the Fine & Forfeiture Contingency to the personal services account of the Sheriff's Budget. Motion carried unanimously. RESOLUTION NO. 583-1990 See Res. Book No. 95 which is incorporated herein by reference. Motion was made by Mayor Stormont and seconded by Commissioner Puto to direct the County Administrator to make recommendations concerning the ramifications of the Board's action on the foregoing two matters. Motion carried unani- mously. * * * * * BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. The Board considered the appeal by Kenneth Cianchette of the Planning Commission's decision to deny preliminary plat for "Sunrise Strip Subdivision", a portion of Sombrero Properties, Sombrero Beach Road, MM 50, situated in Section 11, Township 66S, Range 32E, Boot Key, Monroe County, Florida, as an Improved Subdivision (IS) (continued from October 23, 1990). Jose Gonzalez and Lorenzo Aghemo addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to continue to the next meeting on December 4th at 2:00 p.m. Motion carried unani- mously. The Board then considered the appeal by David L. Manz, agent and attorney for Jean Murphy, of the Planning Commission's decision to deny the appeal for property located on part of Government Lot 2, 112 Atlantic Street, Upper Matecumbe Key, Monroe County, Florida, Section 32, Township 63S, Range 37E, MM 81.5 (continued from October 29, 1990). Messrs. Manz and Tittle addressed the Board. The County Attorney ruled that Mr. Tittle, representing the appellee, may address the Board in this matter. Mr. Manz addressed the Board concerning the appeal. Bob Herman, representing Monroe County, discussed the appeal. Mr. Tittle, representing the appellee, addressed the Board con- cerning the appeal. Mr. Manz spok~ in rebuttal. Mr. Herman discussed the normal permitting procedures and DCA appro- vals. Motion was made by Commissioner Jones and seconded by TT 0135 Commissioner Lytton to deny the appeal and uphold the Planning Commission's decision and Findings of Fact and Conclusions of Law and adopted the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 584-1990 See Res. Book No. 95 which is incorporated herein by reference. Randy Ludacer, County Attorney, discussed the motion to reconsider the Captain's Cove project and advised the Commission that if the motion to rehear was successful, that the hearing must be held in the area in which the pro- perty is located in accordance with the requirements of the Monroe County Code. Mr. Tittle addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to authorize a rehearing. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes No No Motion failed. * * * * * Mayor Stormont discussed a request of the Stillwright Point Property Owners Association requesting the County to enter on their behalf an appeal concerning Island Plaza. Pauline Kline of the Stillwright Point Property Owners Association addressed the Board. Motion was made by Commissioner Jones to file for a rehearing. During discussion, motion was withdrawn. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to file for rehearing on the case if possible within the time requirements. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes No Yes Motion carried. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to approve a Proclamation declaring November 25th through December 1st as NATIONAL HOME CARE WEEK. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Jones to authorize the restrictions con- tained in the Conservation Easement for the Crawl Key pro- perty to continue as a restrictive covenant attached to the deed and running with the land in perpetuity. Paul Wick, Executive Director of the Land Authority, addressed the Board. The motion was withdrawn. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to authorize the restrictions containe din the Conservation Easement for the Crawl Key property to continue the following as restrictive covenants attached to the deed and running with the land in perpetuity: TT 0136 (i) The Conservation Easement requires that Crawl Key be used for solid waste processing facilities; (ii) The Conservation Easement requires that the fringing mangroves and existing wetlands on the island not be disturbed, except as provided by law; (iii) The Conservation Easement prohibits the construction of an incinerator or other than inert landfill on the island. Existing borrow pits may be used for storage of clean construction debris. Solid waste processing facilities shall be under roof and shall be consistent with the most environmentally safe contemporary technologies; and including the recording of the necessary documents. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *