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04/17/1985 RegularCC 100 Regular Meeting Board of County Commissioners Wednesday, April 17, 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, Commissioner Ed Swift, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; 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. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. Present were Commissioners Fahrer, Freeman, Stormont and Swift, and Mayor Harvey. Also present were Danny L. Kolhage, Clerk; Kermit Lewin, County Administrator; Lucien Proby, County Attorney; members of the Press and Radio; and the general public. Mr. Fred Tittle, attorney representing Nor Ted, Inc., 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 GU to BU-1-L, on a portion of the Southwesterly 1/2 of Lot 13 as surveyed and plotted by G. B. Adams, February 24, 1947, as said Lot 13 is shown on MacDonalds Plat of Government Lots 5 and 6 and the Northwest 1/4 of the Northwest 1/4 of Section 5, and Lots 1 and 2 of Section 6, all in Township 62 south, Range 39 East, as recorded in Plat Book 1 at Page 59; Key Largo. After discussion, motion was made by Mayor Harvey and seconded by Commissioner Swift to postpone this appeal to the May 15th meeting at Key Colony Beach. Roll call vote was unanimous. Mr. Michael Halpern, attorney representing Landings of Largo, addressed the Board concerning their request to reverse the decision of the Monroe County Zoning Board on January 30, 1985, in denying their request for a time exten- sion, pursuant to Section 19-237(8) of the Monroe County Code, on the Easterly half of Lot 11, except the West 107 feet thereof and all of Lot 12 of George L. McDonald's Subdivision of U. S. Government Lots 5 and 6 and the N.W. 1/4 of the N.W. 1/4 of Section 5, and Lots 1 and 2 of Section 6, Township 62 South, Range 39 East, according to the Plat thereof, recorded in Plat Book 1, Page 59, of the Public Records of Monroe County, Florida; together with all lands lying between the Northwesterly line of the above property as shown on Plat Book 1, Page 59, and the "Existing Shoreline" of Florida Bay, as more particularly delineated and described in that survey prepared by Bailey, Glass and Post of Florida Bay Estates, Inc. dated 5/25/72; Key Largo. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to return this matter to the Zoning Board and requesting that County Attorney Proby personally participate at the Zoning Board level to insure that all information and documentation is available to the CC. 101 Zoning Board for their consideration. Motion was withdrawn. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to deny the appeal and uphold the deci- sion of the Zoning Board. During discussion, Commissioner Fahrer withdrew her second. The motion died for lack of a second. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to grant the appeal and adopt the following Resolution reversing the decision of the Zoning Board of Monroe County, Florida, without prejudice, and approving the request of Landings of Largo to reverse the decision of the Zoning Board of Monroe County, Florida, denying their request for a time extension pursuant to Section 19-237(8) of the Monroe County Code. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to amend the motion to return the matter to the Zoning Board for modification. During conversation, Commissioner Fahrer withdrew her second. Motion died for lack of a second. Roll call vote on the original motion was taken with the following results: Commissioner Fahrer Yes Commissioner Freeman Yes Commissioner Stormont No Commissioner Swift Yes Mayor Harvey Yes Motion carried. RESOLUTION NO. 126-1985 See Res. Book No. 44 which is incorporated herein by reference. The Board proceeded with the next appeal on the Agenda which was a request from Susan Dixon a/k/a Susan Sawyer to reverse the decision of the Monroe County Board of Adjustment on November 9, 1984 in denying their request for the following dimensional variances: (1) Variance to the width; (2) Variance to the lot area; (3) Variance of 20 feet to build to 30 feet from the front property line, for a pro- posed rezoning to BU-1-0, on Lots 20, 21 and 22 of Block 11 of Sunset Cove Subdivision, as recorded in Plat Book 1, Page 165, and located in Section 32, Township 61 South, Range 39 East; Zoned RU-3; U. S. Highway #1 Northbound. No one answered the call to discuss the appeal. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to deny the appeal and uphold the decision of the Zoning Board. During discussion, the motion was withdrawn. Mr. Jack Hagopian, an adjacent property owner, was present and opposed the appeal. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to continue the appeal to 2:00 p.m. Motion carried unanimously. Commissioner Swift discussed the revised meeting schedule and indicated that he could not be present at the meeting of May 24, 1985. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to recognize that Commissioner Swift would be absent for the meeting scheduled for May 24, 1985. Motion carried unanimously. Commissioner Fahrer discussed the four-laning project in Marathon, the acquisition of the forty -foot right-of-way adjacent to Marathon Airport, and the construction of drainage ponds at the Marathon Airport. Commissioner Fahrer discussed the funding of the cost of re - engineering the drainage and the swap of the adjacent forty - foot right-of-way next to Marathon Airport. She indicated that it was now evident that the total cost of the engi- neering would not be reimbursed from FAA funding and that CC 1Q2 that funding would be limited to approximately $50,000.00 and that that amount would be subject to an application to FAA for funding. The balance of the funds would have to come out of the County's 5th and 6th Cent Gas Tax. The Board also discussed the environmental considerations of the design of the drainage system which provided for drainage of overflow into certain adjacent lands. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to authorize the Clerk to make payment to Post, Buckley, Schuh & Jernigan, Inc. in the amount of $142,005.42 for the re- design of U. S. 1 at Marathon Airport to be paid out of the 5th and 6th Cent Gas Tax funds. Motion carried unanimously. Mayor Harvey directed the County Administrator to call a meeting to discuss the four-laning project and the drainage and retention ponds scheduled to be constructed on the Marathon Airport property with representatives of FAA; DER; Post, Buckley, Schuh & Jernigan, Inc.; Florida Department of Transporation; the Airport Director; the County Commission; and the County Clerk. The Board recessed for lunch. The Board reconvened at 2:00 P.M. The Board continued with the scheduled appeal hearing of Susan Dixon a/k/a Susan Sawyer. There was no one present representing the appellant. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Resolution upholding the decision of the Board of Adjustment of Monroe County, Florida, without pre- judice, and denying the request of Susan Dixon a/k/a Susan Sawyer to reverse the decision of the Board of Adjustment of Monroe County, Florida denying her request for three (3) dimensional variances. Roll call vote was unanimous with Commissioner Swift not present. RESOLUTION NO. 127-1985 See Res. Book No. 44 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to cancel the meeting scheduled for April 26, 1985. Motion carried unanimously with Commissioner Swift not present. Mr. Bob Ernst addressed the Board concerning the design of the retention ponds at the Marathon Airport and the forty -foot strip being acquired by the County adjacent to the Marathon Airport and the payment of engineering fees to Post, Buckley, Schuh & Jernigan, Inc. in the approximate amount of $145,000.00. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to allow Mr. Ernst to address the Board on the matter previously considered by the Board. Motion carried unanimously. Mr. Ernst proceeded to object to the payment of the engineering fees and also objected to the placement of the ponds at the Marathon Airport and the plan to drain excess storm water through the ponds into adjacent canals. George Butler, representing the Greater Marathon Chamber of Commerce and the Future Direction of Marathon, urged that the Board not do anything that would in any way delay the construction of the four- laning. Jean De St. Croix opposed the parking outside of the Marathon Airport fence. Mr. Bob Ernst, President of the CC 103 Middle Keys Citizens Association, again addressed the Board and opposed the expenditure of funds for the additional engineering required for four-laning adjacent to U. S. 1 and the drainage of the entire four-laning in Marathon to the Airport property into the retention ponds as is now being proposed by Post, Buckley, Schuh & Jernigan and the Florida Department of Transportation. Mr. Bob Harris of Post, Buckley, Schuh & Jernigan discussed the placement of the ponds, the necessity for and how the drainage system was designed to operate. Mr. Roland Fisch of the Highway Beautification Committee addressed the Board. Mr. Jim Lewis of the Future Direction of Marathon also addressed the Board and asked that they not do anything to postpone the four- laning of Marathon. No further action was taken. Mr. Roland Fisch of the Highway Beautification Committee addressed the Board concerning billboards. Mr. Charles C. Papy, III, attorney representing E. T. Legg & Company and Keys Outdoor Marketing & Advertising, addressed the Board concerning the state of the law and also amend- ments in the 1984 Legislature concerning the regulation of the sign industry. Jean De St. Croix of the Highway Beautification Committee addressed the Board. Dan Carter, landscape architect and Highway Beautification Committee member, addressed the Board. Bob Ernst of the Florida Keys Citizens Coalition addressed the Board concerning signs. Frank Powell of the Highway Beautification Committee also addressed the Board concerning elimination of signs. The County Administrator was directed to call a meeting of the Highway Beautification Committee, billboard companies, merchants and the Board of County Commissioners. This was later clarified to include three Members of the Highway Beautification Committee, one representative each from the billboard companies, legal representation (to be determined by the Highway Beautification Committee and the County Attorney), and a representative of the Planning Consultants to discuss billboards in Monroe County. The Board then heard from Mr. Henry Haskins, Director of the Monroe County Housing Authority, who addressed the Board concerning the HUD Rental Rehabilitation Program. He introduced Mr. Roger Braun and Wilma Burkes of the Department of Housing and Urban Development who addressed the Board concerning the grant award from HUD for the Rental Rehabilitation Program. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to approve the appropriation of $28,000.00 to be paid to the Monroe County Housing Authority for the purpose of providing administration for the Monroe County Rental Rehabilitation Program, said funding to be divided into $14,000.00 in the current fiscal year and $14,000.00 in fiscal year 1985-1986, and also the approval of a Memorandum of Understanding bet- ween Monroe County and the Monroe County Housing Authority for the purpose of implementing the Program. Roll call vote was unanimous. AWARDING OF BIDS The Board discussed the bids for Non -Exclusive Car Rental Space and Service Facility Areas at the Key West and Marathon Airports. Mr. Art Skelly addressed the Board and advised them that the following bid from Avis Rent A Car System, Inc. was the only bid received: CC- 104 Key West International Airport Guaranteed minimum annual concession fee for each contract year of the five (5)-year term in the following amounts: For the First Year of said term: $35,496.00 For the Second Year of said term: $36,504.00 For the Third Year of said term: $37%500.00 For the Fourth Year of said term: $38,496.00 For the Fifth Year of said term: $39,504.00 Ten percent (10%) of gross revenue in excess of annual mini- mum payment computed as a percentage of annual gross receipts. Marathon Airport Guaranteed minimum annual concession fee for each contract year of the five (5)-year term in the following amounts: For the First Year of said term: $11,496.00 For the Second Year of said term: $119,748.00 For the Third Year of said term: $125000.00 For the Fourth Year of said term: $125252.00 For the Fifth Year of said term: $125504.00 Ten percent (10%) of gross revenue in excess of annual mini- mum payment computed as a percentage of annual gross receipts. Mr. Skelly recommended that the bid be awarded to Avis Rent A Car System, Inc. Motion was made by Commissioner Fahrer and seconded by Commissioner Harvey to award the bids for Non -Exclusive Car Rental Space and Service Facility Areas at the Key West and Marathon Airports, as per the recommendation of the Airport Administrator, to Avis Rent A Car System, Inc. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Mayor Harvey to approve the request of the Clerk to advertise for a Supplemental Budget Hearing to be held on May 10, 1985. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the following Resolution approving and authorizing execution of a Professional Services Agreement by and between the Monroe County Tourist Development Council and Keys Advertising & Marketing, Inc., with the amendment adding the words "or decrease" to the third paragraph in Section 2 of said Agreement. RESOLUTION NO. 128-1985 See Res. Book No.¢4 which is 1ncorperatecT herein by reference. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Fahrer Yes Freeman No Stormont Yes Swift Yes Yes CC 105 Commissioner Fahrer then discussed generally appointments by the County Commission to the Tourist Development Council. No action was taken. PUBLIC HEARINGS A Public Hearing was held on 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 afore- said Ordinance No. 025-1983, Ordinance No. 015-1984, and Ordinance No. 029-19849 until October 319 1985 or until the Land Use Plan is adopted, whichever occurs first; concerning those Major Development applications that have received pre- liminary 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; providing 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 applications which have received preliminary approval for development under Chapter 6, Article UII, of the Monroe County Code; providing that no application which has not received preliminary approval shall be processed and no new applications for Major Development shall be accepted; providing for certain exceptions to said Ordinance; pro- viding 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 providing for the ratification of any restric- tions and/or moratoriums heretofore approved. Proof of publication was entered into the records. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to read by title only. Motion carried unanimously. Mr. Bob Ernst of the Middle Keys Citizens Association addressed the Board and favored the continuation of the moratorium until the adoption of the Land Use Plan. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to adopt the Ordinance. Roll call vote was unanimous. ORDINANCE NO. 009-1985 See Ord. Book No. 8 which is incorporated herein by reference. There being no further business, the meeting was adjourned.