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03/20/1985 RegularCC 062 Regular Meeting Board of County Commissioners Friday, March 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; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. The Board discussed an appeals hearing concerning Travis Investments, Inc. which should have been included on the Agenda for the meeting this date. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to include the appeal of Travis Investments, Inc. on the Agenda to be considered today, as soon as a full Board was present. Roll call vote was unanimous with Commissioner Swift not present. Mr. Andrew Tobin, representing Simon E. and Carol K. Lipsky, requested that the Board postpone the hearing of this appeal until a full Board was present. The Board then recessed for approximately fifteen minutes. Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to add to the Agenda an Interlocal Agreement between the Board of County Commissioners, the Monroe County Fine Arts Council, and Dade-Broward-Palm Beach Fine Arts Council. Motion carried unanimously with Commissioner Swift not present. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida to approve and execute an Interlocal Agreement by and between Monroe County, Florida and Broward County, Palm Beach County and Dade County relating to the creation of the South Florida Cultural Consortium. RESOLUTION NO. 083-1985 See Res. Book No. 43 which is incorporated herein by reference. During discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to amend Chapter 9 of the proposed Interlocal Agreement to provide that all funds received from the Monroe County Tourist Development Council shall be reserved and retained locally to be paid to the Consortium upon proper documentation showing said funds are to be utilized in Monroe County. During discussion of this motion, Commissioner Swift entered at 9:55 a.m. and was seated. Roll call vote was unanimous. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Freeman, cc OG3 r Stormont and Swift, and Mayor Harvey. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Dorr Foxx of Planning and Zoning; members of the Press and Radio; and the general public. The Board then heard the continuation of the appeal 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. Joe!Miklas, representing Travis, Investments, Inc., addressed the Board concerning their appeal. Ms. Tatianina Farmer, adjacent property owner,, addressed the Board and objected. Mr. Miklas then made his rebuttal. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to adopt the following Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without prejudice, and approving the request of Travis Investments, Inc. to reverse the decision of the Zoning Board of Monroe County, Florida, denying a change of zoning from RU-1 and BU-2 to BU-1. RESOLUTION NO. 084-1985 See Res. Book No. 43 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner,; Fahrer Yes Commissioner Freeman No Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No I Motion carried. Commissioner Swift, as a Point of Personal Privilege, discussed the quality of the copies of the appeals that the Board had received. I Mr. Andrew Tobin; attorney representing Simon E. and Carol K. Lipsky addressed the Board concerning their request to reverse the decision of the Monroe County Zoning Board on October 24, 1984: in denying their request for a, zoning change from BU-2 and RU-3 to RU-7, on a parcel of land located in Section 27,, Township 64 South, Range 35 East, Long Key, and further described by metes and bounds. Mr. Alfred Yasko, adjacent property owner, objected. Mr. Tobin then made his rebuttal. Motion was made by Commissioner Stormont and'seconded by Commissioner Swift to grant the appeal, with modifications, and reverse the deci- sion of the Zoning Board.i, Following discussion, the motion was withdrawn by the maker,. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to grant the appeal and reverse the decision of the Zoning Board. During discussion, motion was mace by Commissioner Fahrer and seconded by Commissioner Swift to continue this matter to the May 15th Board of Appeals meeting. Roll call vote was unanimous. fo Mr. H. Ray Allen; attorney for the appellants, Joseph Elkins and Robert Worthey, addressed the Board'con- cerning their request to reverse the decision of the Monroe County Zoning Board on November 9, 1984, in denying their request for a variance to�construct a dock.340 feet in length from the property known as a tract of land in a part of Government Lot 1, Section 15, Township 67 South, Range 27 East, Sugarloaf Key, Zoned GU, Old State Road 4A. Ms: Marian Crow, representing several adjacent property owners, addressed the Board and objected. Mr. Allen then made his rebuttal. Mr. Andy Hooten, County Biologist, addressed the Board concerning a biological report. 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 request of Joseph Elkins and Robert Worthey to reverse the decision of the Zoning Board of Monroe County, Florida denying their request for a variance to construct a dock 340 feet in length. RESOLUTION NO. 085-1985 See Res. Book No. 43 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner ,Freeman No Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Mr. H. Ray Allen, reprsenting Ralph S. and Irene Mielcarek, addressed the Board concerning their request to reverse the decision of the Monroe County Board of Adjustment in denying their dimensional variances: (1) Variance of 15 feet, to build up to 5 feet from the front property line, (2) Variance of 17 feet, to build up to 3 feet from the rear property line, (3) Variance of 3.5 feet, to build up to 4 feet from the North property line, on Lots 18 and 19, Block 6 of Sexton Cove Estates, as recorded in Plat Book 6, Page 30, less that portion of Lot 18 lying southwesterly of a line 35 feet North of and parallel to the southwesterly of Lot 19 and less that portion of Lot 19 lying south of a line 35 feet northeasterly and parallel with the southwesterly line of Lot 19. Located in Section 1, Township 61 South, Range 39 East, Key Largo, zoned RU-5 Mobile Home Residential District, Eagle Drive. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution reversing the deci- sion -of the Board of Adjustment of Monroe County, Florida, without prejudice, and approving the request of Ralph S. and Irene Mielcarek to reverse the decision of the Board of Adjustment of Monroe. County, Florida denying their request for three dimensional variances. RESOLUTION NO. 086-1985 See Res. Book No. 43 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer. Yes Freeman Yes Stormont No' Swift Yes Yes The Board recessed for lunch. 1 1 CC'- 065 1 1 The Board reconvened with all members present. TRANSLATOR WORKSHOP The Workshop began at approximately 2:25 p.m. The following individuals were present and addressed the Board concerning the Translators: Henry Nauberite, Henry Staples and Dick Akers of the Translator Committee; Dagny Johnson, Board Director of Channel 2; Grant Simmons and Norman Borenstan from the Engineering Staff of Channel 2; and Betty Martin, Channel 2,'s Public Relations Director. The Board discussed several problems concerning the Translator in general and,,in particular, the proposed tower to service the residents of� the City of Key West. No action was taken. SEAWALLS WORKSHOP At approximately 3:00 p.m., the Board entered into a discussion regarding probIlems concerning the permitting of construction of seawalls: and other accessory structures. Motion was made by Commissioner Swift and seconded by Commissioner Freeman directing County Administrator Lewin to direct Mr. Aspinwall, the;Director of the Building Department, to allow the permitting as had been done in the past for seawalls with a cap of up to ten feet, steps, quays, docks, davit bases, extended caps and slips; and also to authorize the County Attorney to prepare an Ordinance and advertise same for the purpose of clarifying the existing County Code concerning the:permitting of these facilities. Ray Terrell, Ronnie Gillman, Annibel Valvova and Raye Fitzpatrick discussed the motion. Roll call vote on the motion was unanimous. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to add the subject of the reinstatement of Joe Bizjak and Lynn Trepas to the Agenda. Motion carried unanimously. County Attorney Proby advised that the Career Service Codncil had ruled against the County and ordered reinstatement of both Mr. Bizjak and Miss Trepas. He indicated that the following amounts reflected the totals which could be used to settle with the two.indi- viduals and that the settlement would also include a requirement that they submit resignations from their County employment: Legal Fees: Michael Halpern Jeff Gautier Total Legal Fees Personnel Services: Lyn Trepas: Net Pay FICA WH Tax Account Number General Fund Amount 100201-524340 149500.00 100201-524340 10,600.00 100201-524120 11,108.93 100201-524120 956.35 100201-524120 15,500.00 T3,565.28 259100.00 cc Joe Bizjak: Net Pay 100201-524120 179504.01 FICA 100201-524120 1,538.79 WH Tax 100201-524120 2,784.00 2 ,826.80 County Cost: Retirement 100201-524220 4,331.99 FICA 100201-524210 2,495.14 GRAND TOTAL 42,219.21 67,319.21 Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize the County Attorney to proceed to settle the cases concerning Joe Bizjak and Lynn Trepas in accordance with his recommendation and contingent upon the receipt of resignations of these two individuals from their County employment. Roll call vote was unanimous. MSD WORKSHOP The MSD Workshop began at 4:00 p.m. Charles Aguero, Manager of the District, discussed the extension of the Garbage Franchise Contracts and some of the additional services that were requested of the Franchisees. The Board discussed transfer station operation in general as well as illegal dumping and businesses which have not subscribed to garbage service. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to place the item concerning free dumping on the Agenda. Roll call vote was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont Yes Commissioner Swift Yes Mayor Harvey No Motion carried. Motion was made by Commissioner Swift and seconded by Commissioner Freeman authorizing Mr. Aguero to prepare a memorandum to be submitted to the Board of County Commissioners concerning proposed charges for dumping, and authorizing County Attorney Proby to advertise the fact that at the regular meeting of the Board of County Commissioners in May the Board would consider a change in its policy con- cerning free dumping.- Mr. Iry Baltuff, Garbage Franchisee, addressed the Board concerning this motion. Roll call vote on the motion was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to put on the Agenda an item concerning the services required to be provided by the Franchisees. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to authorize the County Attorney to prepare and advertise an amendment to the existing County Ordinance which will clarify the kind and amount of addi- tional items which must be picked up by the Franchisee and also the provision for additional services from the Franchisee. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer directing Mr. Aguero, the County Attorney and a represen- tative of the Franchisees to prepare a plan which would pro- vide for a connection between the issuance of business licenses and subscription to garbage service. Motion carried unanimously. The Board then discussed Special Assessments as they refer to condominiums and condominium 1 CC --06 7 1 1 1 trailer parks. Dr. Dobert;of the Monroe County Condominium Owners Association addressed the Board concerning Special Assessments. The followind.individuals also,addressed this matter: Harry A. Dennis, George White, Iry Baltuff, Bill Lowery and Mr. Peterson. This matter was referred to the County Attorney and Mr. Agu,ero, Manager of the MSD District, for a report back to the Board. PUBLI;C HEARINGS County Attorney Pr;oby discussed and read the title of a proposed Ordinance extending the Moratorium on major developments permitted under Chapter 6 of the Code of Ordinances of Monroe County, and amending Ordinance Nos. 025-1983, 015-1984 and 029-1984; to provide for an extension of the provisions of the aforesaid Ordinance No. 025-1983, Ordinance No. 015-1984 and Ordinance No. 029-1984 until October 31, 1985 or until the Land Use Plan is adopted, whichever occurs first; concerning those major development applications that have received preliminary approval as per Chapter 6 of the Monroe County Code of Ordinances as of this date; giving reasons and the cause for an extension of said Moratorium; stating why it �is needed and necessary; pro- viding for the length of time for said extension of the Moratorium and providing for the steps taken to alleviate said condition; providing for certain exceptions of applica- tions which have received preliminary approval for develop- ment under Chapter 6, Article VII, of the Monroe County Code; providing that no application which has not received preliminary approval shall be processed and no new applica- tions for major development shall be accepted; providing for certain exceptions to said Ordinance; providing for the severability of each and every provision hereof; providing for the repeal of any Ordinances or parts of Ordinances in conflict herewith; providing that said Ordinance shall become part of the Code of Ordinances of Monroe County, Florida; providing for an effective date hereof; and pro- viding for the ratification'of any restrictions and/or mora- toriums heretofore approved. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to place this item on the Agenda for Board consideration. Motion carried una- nimously. Mr. Proby then proceeded to question Mr. Dorr Fox of the Monroe County Planning Department, who attested to the fact that the reasons listed in the "Whereas" clauses of the proposed Ordinance were:true and correct to the best of his knowledge. There was no public input. Motion was made by Commissioner Swift and seconded by Commisioner Fahrer to continue this Public Hearing to the next regularly scheduled Public Hearing on April 12th in Marathon at 5:00 p.m.. Motion carried unanimously., There being no further business, the meeting was adjourned.