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02/20/1985 RegularCC 035 Regular Meeting Board of County Commissioners Friday, February 20, 1985 Key Colony Beach A regular meeting of the Board of County Commissioners convened on the above date. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Absent from the roll call was Commissioner Ed Swift. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Sheri Smallwood, Assistant County Attorney, acting as County Attorney due to the illness of Lucien Proby; members of the County's Consulting Engineers Firm; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. Sheri Smallwood, Assistant County Attorney, addressed the Board concerning the expiration of the Moratorium in April and requested direction from the Board. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to authorize the advertisement of an Ordinance to extend the Moratorium for six months or -until the Land Use Plan is completed, whichever occurs sooner. Roll call vote was unanimous with Commissioner Swift not present. The Board then entered into a discussion concerning the Referendum for Municipal Service Taxing District No. 1-D. The following individuals spoke: Al Damron, who requested that the Board approve the Referendum request for District No. 1-D scheduled for April 9th. Pete Lubert, Curt Blair of the Big Pine Civic Association, and Reggie Paros also addressed the Board. After discussion, the County Administrator was directed to form a committee to review the operation of the Fire and Ambulance Districts. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt the following Resolution requesting the Supervisor of Elections to call a Special Referendum on April 9, 1985 in Monroe County, Florida for Municipal Service Taxing District No. 1-D. Roll call vote was unani- mous with Commissioner Swift not present. RESOLUTION NO. 055-1985 See Res. Book No. 42 which is incorporated herein by reference. Commissioner Stormont discussed a memorandum from him to the County Commissioners and Dr. Doyle, Director of Planning and Zoning, dated February 18, 1985 concerning the Winn -Dixie site in Key Largo at U. S. Highway No. 1 and Blackwater Drive. Following discussion by the Board, motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to refer the matters raised in the memorandum of February 18th to the County Attorney and Dr. Doyle and directed that a Stop Order be issued immediately so that no further work could proceed until the matter was clarified. Roll call vote was unanimous with Commissioner Swift not present. BOARD OF APPEALS The Board of County Commissioners sat as the Board CC 036 of Appeals. Present were Commissioners Fahrer, Freeman and Stormont, and Mayor Harvey. Absent from the meeting was Commissioner Swift. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Sheri Smallwood, Assistant County Attorney; Dr. Jeffrey Doyle, Director of Planning and Zoning; members of the Press and Radio; and the general public. Mr. Fred Tittle, attorney representing Dr. and Mrs. Roger Sorg, addressed the Board concerning their request for a modification or rescission, pursuant to Section 10, Chapter 61-2503, Laws of Florida, as to the decision ren- dered on September 21, 1984 by the Board of County Commissioners sitting as an Appeals Board, regarding Palm Island, as recorded in Plat Book 3, Page 40, and located in Section 9, Township 66 South, Range 32 East, Marathon, pre- sent zoning RU-1 and BU-2, proposed zoning RU-3. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to reaffirm the Board's previous position to remand the matter back to the Zoning Board for a full review. Motion was withdrawn. Mr. Tittle then addressed the Board and requested that his request for a re -hearing either be approved or denied. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to reaffirm the Board's previous position to remand this matter back to the Zoning Board for a full review. Roll call vote was unani- mous with Commissioner Swift not present. Mr. Fred Tittle, representing U. S. Homes, and Mr. Blakely, representing U. S. Homes, identified themselves. Mr. Joe Miklas, attorney for the appellant, addressed the Board concerning the appeal filed through his office as to the decision rendered by the Monroe County Zoning Board on June 26, 1984 granting Final Major Development Approval, Final Development Plan Approval, Final Community Impact Statement Approval and Final Change of Zoning from RU-5 to RU-3, along with five contingencies being met. Subject pro- perty on a parcel of land situated in County of Monroe, State of Florida, known as being parts of Lots 1, 2 and 3 in plat showing subdivision of property belonging to Absalom Albury, et al, surveyed and platted by George McDonald, Surveyor, Plat Book 1 at page 64; Part of the Survey of Burton properties recorded in Plat Book 2 at Page 89; Burton's Yacht Basin, as recorded in Plat Book 2 at Page 119 and Amended Plat of Portion of Burton's Yacht Basin recorded in Plat Book 3 at Page 98 and together forming a parcel of land bounded and further described by metes and bounds, AND TOGETHER with: that portion of the submerged parcel as described in T.I.I.T.F. Deed No. 22,575 (711-44) as recorded in Official Record Book 197, at Pages 6 and 7 of Monroe County, Florida, lying adjacent thereto. LESS THEREFROM: Exception No. 1( The Southeasterly half of Lot 8 and all of Lot 9 in Block 1 of Burton's Yacht Basin. Exception No. 2) Lots 1, 2, 3 and 4 in Block 2 of Burton's Yacht Basin. Exception No. 3) Lots 5, 6, 7, 8 and 9 in Block 3 of Burton's Yacht Basin, together with a strip of land 50 feet wide, west of, and adjoining Block 3, and more particularly described by metes and bounds. Exception No. 4) That part of above described premises included within deed recorded in Official Records Book 331, Pages 11-12, being a revising in the right-of-way median of the Northbound lane of U. S. Highway No. 1. Exception No. 5) Right-of-way area for Burton's Drive, being a strip of land 25 feet wide on either side of the centerline of Burton's Drive. Exception No. 6A) A strip of land 300 feet wide, adjacent to and East of Old State Road 4A, in SE 1/4 and NE 1/4 and Lot 4, Section 27-62-38, extending from the South line of Lot 4, Plat Book 2, Page 64, to the north line of the SE 1/4 of the NE 1/4 of Section CC 037 1 1 1 27-62-38, also as shown on ,Plat Book 151 Page 64, excepting the right-of-way of Burton Drive. This project is known as Planter's Pointe. Mr. Blakely then raised questions con- cerning the ability of the 'Commission to hear this appeal due to the late filing and jthat the appeal does not satisfy the requirements of Chapter 6-239 of the County Code. Mr. Blakely also requested that;Commissioner Stormont recuse himself due to the fact thalt he served as a member of the Zoning Board at the time this project appeared before the Zoning Board. Commissionerj Stormont quoted the District Court case of the Izaak Wal;lton League v. Monroe County and refused to recuse himself. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to proceed to hear the appeal. Roll call -I vote was unanimous with Commissioner Swift not pres'lent. Mr. Joe Miklas, repre- senting Wendell Weaton and tihe Upper Keys Citizens Association, addressed the Board concerning his appeal. Mr Blakely, representing U. S.' Homes, addressed the Board. Mr Joe Miklas then addressed tihe Board for rebuttal. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to uphold the decision of the Zoning Board and to deny the appeal. Roll call' vote was taken with the following results: CommissionerilFahrer No Commissioner Treeman Yes CommissioneriStormont No CommissionerjSwift Yes Mayor Harvey' No Motion failed. Motion wasjthen made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without prejudice, and approving the request of the office of Joe Miklas, attorney, to reverse the decision- of the Zoning,Board of Monroe County, Florida, granting Final Major Development Approval, Final Development Plan Approval, Final Community Impact Statement Approval and Final Change of Zoning from RU-5 to RU-3, along with five contingencies being met, and directing the County Attorney to apply to the Circuit Court -for an Order releasing the County from the Stipulation previously entered into for the Project known as Planter'siPointe. RESOLUTION NO. 056-1985 See Res. Book No. 42 which;is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner'Fahrer Yes CommissionerllFreeman No CommissioneriStormont Yes Commissioner;Swift No Mayor Harveyl Yes Motion carried. Mr. Joe Miklas, attorney for the appellants, appeared before the Board concerning the request of Travis Investments, Inc. to reverse the decision of the Monroe County Zoning Board on October 24, 1984, in denying their zoning change from RU-1 and BU-2 to BU-1 on Lot 8 and Lot 19, Block 5 of Strattons Subdivision, as recorded in Plat Book 2, Page 38, and located in Section 28, Township 63 South, Range 37 East, Upper Matecumbe. Mr. Miklas addressed the Board and discussed a proposed settlement of CC _ 038 the objections raised at the Zoning Board. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to continue this appeal hearing until March 8th. Roll call vote was unanimous. Michael Halpern, attorney representing Joseph M. Clark and Robert D. Schweinler, addressed the Board con- cerning their request to reverse the decision of the Monroe County Zoning Board on August 31, 1984, in denying their request for a zoning change from BU-2 to BU-2 with a BU-2E on Lot 522 of Port Largo Fifth Addition, as recorded in Plat Book 6, Page 109, and located in Section 33, Township 61 South, Range 39 East, Key Largo. Mr. Frazier White indi- cated that he would be discussing the appeal and was a party to the proceedings at the Zoning Board level. Mr. Halpern requested that Commissioner Stormont recuse himself as he was a member of the Zoning Board when this matter was reviewed by the Zoning Board and cast the deciding vote. Acting County Attorney Sheri Smallwood advised the Board that it was the position of the County Attorney's Office that a County Commissioner should not sit on an Appeals Board to determine a matter which he had previously con- sidered and acted upon while serving as a member of the Zoning Board. Upon being asked, Commissioner Stormont refused to recuse himself. Attorney Michael Halpern then proceeded to discuss the appeal. Mr. Frazier White addressed the Board in opposition to the appeal. Ms. Alina Davis of the Port Largo Property Owners Association, addressed the Board concerning the position of their Association. Motion was made by Commissioner Swift to con- tinue this appeal until the March 20th meeting. Motion was withdrawn. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to grant the appeal and overturn the decision of the Zoning Board. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion failed. Motion was then made by Commissioner Swift and seconded by Mayor Harvey to continue this matter until March 20th. Roll call vote was taken with the following results: Commissioner Fahrer No Commissioner Freeman No Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion failed. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution upholding the decision of the Zoning Board of Monroe County, Florida, without prejudice, and denying the rquest of Joseph M. Clark and Robert D. Schweinler to reverse the decision of the Zoning Board of Monroe County, Florida denying a change of zoning from BU-2 to BU-2 with B U - 2 E . RESOLUTION NO. 057-1985 See Res. Book No. 42 which is incorporated herein by reference. Roll call vote was taken with the following results: CC 039 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey No Motion carried. PUBLIC HEARINGS A Public Hearing began at 2:15 P.M. concerning the HUD Rental Rehabilitation Program. Mr. Bob Bensko discussed the application for the HUD Rental Rehabilitation Program. Mr. Bensko also advised the Board that the two previous HUD Projects concerning Hibiscus Park and The Rock in Marathon were not approved by the Department of Community Affairs. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to indicate to the Department of Community Affairs the Board's protest of the rejection of the HUD Projects for the Hibiscus Park and The Rock in Marathon areas due to the critical needs of the County for low-cost housing and the impact of Critical Concern. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to amend the motion to include a recommendation that the State use Critical Concern designation as one of the factors to determine appropriate projects for HUD funding. Roll call vote was unanimous on the amendment and roll call vote was unanimous on the original motion as amended. Accordingly, the Board unanimously adopted the following Resolution by the Board of County Commissioners of Monroe County, Florida, directed to the State of Florida Department of Community Affairs, protesting the rejection of the Grant Applications filed for The Rock and for Hibiscus Park, demanding special consideration for Monroe County in connec- tion with such Grant Applications in the future, and urging that the County's status as an Area of Critical State Concern be considered as a major factor in future grant allocations. RESOLUTION NO. 058-1985 See Res. Book No. 42 which is incorporated herein by reference. Motion was then made by Commissioner Fahrer and seconded by Mayor Harvey to adopt the following Resolution authorizing the Mayor of Monroe County, Florida to submit an application for grant funds to the Federal Department of Housing and Urban Development pursuant to its Rental Rehabilitation Program. RESOLUTION NO. 059-1985 See Res. Book no. 42 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to postpone until March 8th a proposed Memorandum of Understanding between Monroe County and the Monroe County Housing Authority. Roll call vote was unani- mous. CODE ENFORCEMENT WORKSHOP Commissioner Swift then discussed the Code Enforcement Board and some of the problems they were having. Mr. Dale Baldwin addressed the Board and presented a list of problems being faced by the Code Enforcement Board and requested, among other things, better coordination between CC 039 1 1 11 Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift No Mayor Harvey I No Motion carried. PUBLIC HEARINGS A Public Hearing began at 2:15 P.M. concerning the HUD Rental Rehabilitation Program. Mr. Bob Bensko discussed the application for the HUDaRental Rehabilitation Program. Mr. Bensko also advised theiBoard that the two previous'HUD Projects concerning Hibiscus Park and The Rock in Marathon were not approved by the Department of Community Affairs. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to indjicate to the Department of Community Affairs the BoardV's protest of the rejection of the HUD Projects for the Hibiscus Park and The Rock in Marathon areas due to the critical needs of the County for low-cost housing and the impact of Critical Concern. Motion was made by Mayor Harvey an;d seconded by Commissioner Fahrer to amend the motion to include a recommendation that the State use Critical Concern designation as one of the factors to determine appropriate projects for HUD funding. Roll call vote was unanimous on the amendment and roll call vote was unanimous on the original motion as amended. Accordingly, the Board unaniimously adopted the following Resolution by the Board of County Commissioners of Monroe County, Florida, directed to the State of Florida Department of Community Affairs, protesting the rejection of the Grant Applications filed for The Rock and for Hibiscus Park,'; demanding special consideration for Monroe County in connec- tion with such Grant Applications in the future, and urging that the County's status as!an Area of Critical State Concern be considered as a Major factor in future grant; allocations. II i RESOLUTION NO. 058-1985 See Res. Book No. 42 which"is incorporated herein by reference. 1 a Motion was then made by Commissioner Fahrer and secondeid by Mayor Harvey to adopt the following Resolution authorizing the Mayor of Monroe County,'! Florida to submit an application for grant funds to the Fedeiral Department of Housing and Urban Development pursuant 9to its Rental Rehabilitation' Program. r RESOLUTION NO. 059-1985 See Res. Book no. 42 which�is incorporated herein by reference. i Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to postplone until March 8th a proposed Memorandum of Understanding's between Monroe County and the Monroe County Housing Authq,rity. Roll call vote was unani- mous. y CODE ENFORCEMENT WORKSHOP Commissioner Swift then discussed the Code Enforcement Board and somegof the problems they were having. Mr. Dale Baldwin addressedithe Board and presented a list of problems being faced by the Code Enforcement Board and requested,.among other things, better coordination between CC , 0.40 the Building Inspectors and Code Enforcement Violations Inspectors. The Board then asked Mr. Baldwin to report back to the Board in ninety days concerning these problems to see if any effort had been made to rectify them. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to appropriate the sum of $16,800.00 from Contingency to represent ten months' salary for a position of Code Enforcement Administrator who would oversee the Head Violations Inspector and all of the Violations Inspectors for better coordination of the Code Enforcement function in Monroe County. The criteria for the job will be five years of City and County administrative experience and five years in law or Code enforcement, and the person holding this position will report directly to the County Administrator and will be hired in accordance with the personnel policies and procedures of the Board of County Commissioners. Roll call vote was unanimous. Mr. John Sanclimenti discussed the position. The Board indicated there would be another Workshop on Code Enforcement in ninety days and directed the County Administrator to put the item on the Agenda. The following individuals discussed Code Enforcement: Charles Mohrbacher; Woody Butler; Barbara Epstein, Secretary to the Code Enforcement Board; Frank Steckleberg; George Moore; Mary Lin Johnson. MOBILE HOME WORKSHOP The members of the Board addressed the citizens present concerning their feelings about mobile homes and problems experienced with replacing mobile homes in areas not zoned for mobile home use. Mayor Harvey discussed the proposed Ordinance which would provide procedures and methods to accomplish this and which was now being handled administratively by the Director of Building, Planning and Zoning. The following individuals spoke concerning this matter: Kieran Mahoney, Maggie Culver, Barbara Shell, Charles Wheeler, Thelma Howard, Connie Smith, Frank Steckleberg, Rita Capps, George Camp, Mary Lou Whitford, John Sanclimenti, Joe Grabowski, Mary Lou Woodward, Floy Moore, S. L. Sanclimenti, Tim Johnson, Mary Sukup, Roy Stone, Mike Miller, A. T. Johnston, C. J. Frow, Clay Smith, Connie Smith, Pearl Sinclair. The Board adjourned without further action. 1 1 1