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10/04/1985 Regularr.s 1 1 1 Regular Meeting Board of County Commissioners Friday, October 4, 1985 Plantation Key A Regular Meeting iof the Board of County Commissioners convened on the above date in Plantation. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormo and Mayor Wilhelmina Harvey. Absent from the meeting was Commissioner Ed Swift. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Charles Aguero, MSD Manager; County staff; 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. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to'approve add-ons to the agenda. Motion carried unanimously; Motion was made by Commissioner Freeman and seconded by Commissioner Fahrer to approve the following items by unanimous consent:' LEGAL DEPARTMENT Board approved the following Resolution approving Monroe County Appointments to the,South Florida Employment and Training Consortium Private Industry Council under the pro- visions of the position paper on the procedures for establishing the SFETC-PIC;under the provisions of the Job Training Partnership Act. i RESOLUTION NO. 281-1985 See Res. Book No. 46 which,is incorporated herein by reference. Board approved the following Resolution concerning receipt of Unanticipated Funds. RESOLUTION NO. 282-1985 See Res. Book No. 46 which,is incorporated herein by reference. Board approved the following Resolution transferring funds. I RESOLUTI',ON NO. 283-1985 See Res. Book No. 46 which is incorporated herein by reference. Board approved the increase in the interest rate on the loan at Barnett Bank made for the Cross Key Waterway Road and from the present rate to 7,.75%. Board approved the invoice;s submitted by Morgan, Albury & Hendricks in the amounts o;f $2,628.15 and $569.49. Board approved the following Resolution approving and authorizing execution by the Mayor and Chairman of the Board of Addendum No. 8 amending the Agreement dated August 5, it, EE OOA 1983 by and between Post, Buckley, Schuh & Jernigan, Inc. and Monroe County, Florida, concerning the Jackson Square Criminal Justice Facility on U.S.O: Property. RESOLUTION NO. 284A-1985 See Res. Book No. 46 which is incorporated herein by reference. GENERAL REPORTS Board approved the Tourist Development Expenditures in the amount of $36,648.42, subject to the review of the Finance Department. Board approved the request of the Florida Keys Artificial Reef Association concerning the property known as Bahia Honda Spit located on Spanish Harbor Key to be used by fishermen for loading and unloading of traps from vess-els. BULK APPROVALS Board approved a Contract between the County of Monroe, Department of Social Services and Henry Paso for the admission into Bayshore Manor. Board approved a refund request in the amount of $100.00 from Irma A. Boleda for zoning clearance not needed. Board approved the Application for Variance to the Flood Hazard Ordinance of Paula Baumgartel to place a mobile home below the 100 Year Base Flood Elevation located on Key Largo, within the subdivision of Sexton Cove Estates. Board approved the Application Hazard Ordinance of William R. below the 100 Year Base Flood Largo, within the subdivision Section 3. Board approved the Application Hazard Ordinance of Joseph R. below the 100 Year Base Flood Largo, within the subdivision 1st addition. for Variance to the Flood Bird to place a mobile home Elevation located on Key of Cross Key Waterway Estates, for Variance to the Flood Groom to place a mobile home Elevation located on Key of Key Largo Trailer Village, Board approved the Application for Variance to the Flood Hazard Ordinance of Carlos Rojas to place a mobile home below the 100 Year Base Flood Elevation located on Key Largo, within the subdivision of Bermuda Shores. Board approved the Application for Variance to the Flood Hazard Ordinance of Porpoise Point Estates, Inc. for the construction of an enclosure of stairways below the 100 year Flood Elevation located on Big Coppitt Key,.within the sub- division of Porpoise Point Estates. REPORTS AND RECOMMENDATIONS FROM CLERK TO THE BOARD Board approved payment of the following Fine and Forfeiture Expenditures: FINE & FORFEITURES FUNDS COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, PH.D., in the amount of 125.00; Jerrold J. Weinstock, M.D., in the amount of $525.00. COURT APPOINTED ATTORNEY, Larry R. Erskin, in the amount of 2,500.00; Robert S. Fine, in the amount of 1 1 EE 003 1 J �1 $506.25; William Kuypers, in! the amount of $200.00; W.S. Smallwood, in the amount of :$1,972.77; Joseph Wolkowsky, in the amount of $900.00; John!Rotolo, in the amount of $341.66. OTHER EXPENSES, Karl Beckmeyer, in the amount of $113.84; Mitch Denker, in the amount of $$1,542.00; State of Florida, in the amount of $277.00. COURT REPORTER SERVICE, Associated Court Reporters, in the amount of 125.00; Certified Court Reporting Service, Inc., in the amount of $70.00; Island Reporting Service, Inc., in the amount of $$115.00; Terry Moran, in the.amount of $755.00; Chr.istenses Reporting, in the amount of $39.05; Edmee Prats Court ReportingiService, in the amount of $293.00; Robert Fazio, in the amount of $920.20; Kathleen A. Fegers, in the amount of $1;388.90; Feldman & Associates, Inc., in the amount of $300.100; Florida Keys Reporting, in the amount of $1,687.70; Laws Reproting, Inc., in the amount of $165.40; Terry Moran, in'4the amount of $1,250.00; Tomas Mozer, in the amount of $$35.00; Record Reporting Service, in the amount of $30.00. i COURT INTERPRETER SERVICE, Juan Borges, in the amount of 200.00; Irma Lopez De Pugh, in the amount of $65.00; Manuel J. Marc ial, in the amount of $25.00; Tomas Mozer, in the amount of $30100. WITNESS PAYROLL, Regular Witness Fees, in the amount of 130.00; Auto Allowance and Travel, in the amount of $1,213.17. i EXPERT WITNESS FEES, Joseph Balkon,in the amount of $1,500.00; Richard Hellman,,in the amount of $120.00; Brainard W. Hines, PH.D., in the amount of $75.00; John'P. Mahalovich, PH.D., in the .amount of $125.00. EXTRADITION COST, 'William A. Freeman, Jr., Sheriff, in the amount of 8,707.43.. lBoard approved the following Warrants: W A R; R A N T S GENERAL REVENUE FUND, #41116-#41923, in the amount Of $190109296.57. SUPPLEMENT OF GENE',RAL REVENUE FUND, #196, in the amount of T29,664.83. FINE &.FORFEITUREgFUND, #5534555, in the amount of $810.55. i FINE & FORFEITURE !FUND, #438-#440, in the amount of $153,716.87. i AIRPORT OPERATION & MAINTENANCE FUND, #319-#391, in the amount of 7,9 7.80. `— ROAD & BRIDGE FUND, #366-#368, in the amount of $127,293.95. s MSD, Marine Bank, !Marathon, #686-#694, in the amount of�401,463.14. 9 - MSD, Pledged Funds, #45-#47, in the amount of $739,466.25. EE 004 MSD, Florida First National Bank (Key West), #306, in the amount of $28,894.93. LAW LIBRARY FUND, #156, in the amount of $4,008.15. CAPITAL PROJECTS FUND, #10341055 in the amount of 41325171.7—. MONROE COUNTY GROUP INSURANCE, #1014103, in the amount of 44,209.31. CARD SOUND BRIDGE FUND, #98499, in the amount of $49,240.46. WORKMENS COMPENSATION, #1598-#1613, in the amount of $11,389.32. TOURIST DEVELOPMENT COUNCIL, #194, in the amount of $102,204--7T.— TRANSLATOR FUND, #84-#86, in the amount of $38,455.39. CROSS KEY WATERWAY, #19-#20, in the amount of $1.59. Board approved to amend the Contract between Kemp & Rosasco, Certified Public Accountants, and Monroe County for addi- tional audit procedures and responsibilities to enable them to evaluate those contro-ls'u'sed in Federal assistant programs. Board approved the Bond of Phyllis Allen for $5000.00 as a member of the Board of County Commissioners of Florida Keys Memorial Hospital. Board approved the Bond of Margo Golan for $5000.00 as a member of the Board of County Commissioners of Florida Keys Memorial Hospital. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Board approved the Contract between A.J. Fernandez, District Medical Examiner and Monroe County in the amount of $10,107.00 to be paid semi-annually at the rate of $5,053.50. Board approved the following Resolution permitting the Tax Roll for 1985 to be extended prior to the completion of the hearings of the Property Appraisal Adjustment Board and the final certification of the Roll by the Property Appraiser to the Tax Collector's Office. RESOLUTION NO. 284B-1985 ee Res. Book No. 46 which is incorporated herein by eference. oard approved the appointment of Robert Denslow to the andicap Commission. oard approved the Proclamation proclaiming the week of eptember 17 through September 23, 1985 as CONSTITUTION EEK. STAFF REPORTS oard approved the Lease between Monroe County and Sundance arriage Corp. d/b/a Dollar Rent-A-Car for an automobile ental concession at and from the Key West International irport. 1 1 1 EE 005 1 1 1 Board approved the request oif, the Organized Fishermen of Florida to have their Annual Seafood Festival at the Marathon Airport for th,e.d.at�es of March 1 through March 2, 1986. Board approved the request authority to place a lien on',Blk 5, Lot 5 & 6, Johnsonville S`ub., Big Coppitt Key, Sec. 22, Twp. 67, Rge. 26 for non-payment of lot clearing in the' amount $3,175.28 on Bienvenido Perez. Board approved the payment tjo H.W. Beyer Funeral Home in the amount of $650.00 for the pipuer burial of Richard E. Newton. COUNTY ADMINISTRATOR'S REPORT Mr. Stickney acting" as the County Administrator in the absence of Kermit Lewin., Motion was made bylCommissioner Fahrer and seconded by Commissioner Freeman approving the renewal of a leased vehicle for the Airport Manager. Motion carried unanimously. i Motion was made by�Commissioner Fahrer and seconded by Commissioner Stormont to;approve an invoice for the month of August for Post, Buckley,'; Schuh & Jernigan in the amount of $32,389.30. Motion carried unanimously. 4 Motion was made by:Commissioner Freeman and seconded by Commissioner F,ahlrer to authorize the purchase of three (3) 3/4 ton pickup trulcks for the Road Department under State Contract in theiamount of $8,320.00 each. Motion carried unanimously.! Board briefly discussed complaints concerning the delays in processing building permits. Board discussed thel memorandum from Mr. Jeff Fisher, Extension Director concerning the Director of the City Port and Transit Authorities request for conformation that the Board of County Commissioners would participate' in the funding of a feasibility, study concerning Safe Harbour. Motion was made by Commissioner Fahrer seconded by Commissioner Freeman to postpone consideration of this request to the next Key West! meeting. Motion carried unanimously. MUNICIPAL SERVICE DISTRICT REPORT Motion was made by,Commissioner Fahrer and seconded by Commissioner Freeman to authorize the advisement of an Ordinance to set the Residen'tial and Commercial garbage rates and call for two public hearings. During discussion a motion was made by Mayor Harvey that the Public would be notified through the media i:n advance of what the proposed rates are currently. The amendment was accepted by the maker ani became part of the originallmotion. Ms. Aelene Reiser addressed the Board concerning this matter. Roll call vote on the motion was unanimous., Mr. Aguero advised:the Board that he was in the process of the implementation of a computerized maintenance schedule program. i I Motion was made by;Commissioner Freeman and seconded by Commissioner Fah;rer to authorize annual leave for October loth & 11th for Mr. Aguero. Motion carried una- nimously. BUILDING, PLANNING & ZONING DIRECTORS REPORT Mr. Pattison advised the Board that he was accepting applications for Building Official. He also advised the Board of the resignation of the Lower Keys Biologist, George Schmahl. Mr. Pattison discussed possible job reclassifica- tions and the need for a management audit, his need for a telephone credit card, and also advised the Board that the NOAA Maps were on order. Also breifly discussed was Mr. Pattison receipt of the final Economic Impact Report from Dr. Nicholas. No further action was taken. STAFF REPORTS Mr. Steve Gordon, Florida Department of Transportation addressed the Board and discussed the DRI process as it applies to the Environmental Assessment and the Upper Keys Airport. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to request the binding letter from DCA concering the applicability of the DRI process to the proposed Upper Keys Airport. Roll call vote on the motion was unanimous. REPORT & RECOMMENDATIONS OF BOARD MEMBERS Mr. Pattison discussed the proposed responses to the objections and comments of DCA to the County's Draft Comprehensive Plan. During discussion motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to reconsider the Boards previous motion concerning the adop- tion of the Land Use Plan subsequent to close of the Legislative session. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to plan the schedule of events to provide for a decision on the adoption of a Land Use Plan by the 31st of January 1986. Roll call vote on the motion was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the schedule of the Land Use Plan. (See attached pages). Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman directing the County Attorney to prepare and the Chairman execute the following Resolution requesting a ninety (90) day delay commencing on December 15 1985, to conclude the review of the prospective Land Use Plan for Monroe County. Motion carried unanimously. RESOLUTION NO. 284-1985 See Res. Book No. 46 which is incorporated herein by reference. The Board discussed the future meetings and actions on the Land Use Plan. No further action. Mayor Harvey discussed a functional organizational chart concerning the MSD. This matter was referred to Mr. Charles Aguero, Director of MSD. Commissioner Stormont discussed information recieved from the City Commission on a sur-tax for low income housing. No action was taken. 1 EE 007 1 1 Commissioner Storm1 0 ont discussed the make up of the Billboard Committee. Motion was made by Commissioner Fahrer and seconded by Commissionetir Freeman that the Billboard Committee be desolved and that a new committee be appointed by an appointment of one member for each of the Board of County Commissioners and with Commissioner Stormont acting as Chairman. Motion carried unanimously. BULK iAPPROVALS Board discussed th;e Variance application of Ocean Reef Art League, Inc. During discussion a motion was made by Commissioner Stormont and seconded Mayor Harvey directing the County Attorney to preplare an Emergency Ordinance to conform the County Code on ,break -a -way walls to FEMA requirements. Roll call vote on the motion was unanimous. Mr. Chuck Tittle, representing the Ocean Reef Art League, Inc., addressed the Board concerning their request for variance. Motion was made"by Commissioner Fahrer and secon- ded by Commissioner Freeman to approve the Application for Variance to the Flood Hazard Ordinance of Ocean Reef Art League, Inc., for the construction of an enclosure of 1,630 Sq. Ft., below 100 Year Flood Elevation for Offices located in Key Largo, subdivision o;f a parcel of land lying in the NE1/4 of SW1/4 of Sect.7, T59S, R 41E, Monroe County, Florida, with the requirement for additional permitting in accordance with FEMA regulations. Roll call vote on the motion was unanimous. REPORTS & RECOMMENDATIONS OF BOARD MEMBERS Mayor Harvey discussed the operation of MSD and introduced Mr. Bill Strauss, a Consultant concerning Plant Operations. Mr. Strauss then proceeded to address the Board concerning a review of the operations of the Municipal Service District. No action was taken. li Motion was made by Commissioner Freeman and secon- ded by Commissioner Fahrer!to approve the HUD Rental Rehabilitation Program in the amount of $250,000.00 and authorizing the Chairman to execute the necessary Contract documents. Roll call vote:on the motion was unanimous: Mayor Harvey discussed the proposed purchase of Truman School for the County use as storage and office space. No action was taken: Commissioner Fahrer called upon Helen Wadley to discuss the operation of the Islamorada Library. Commissioner Fahrer then read a statement calling for the designation of the Islamorada Library as the "Monroe County Helen Wadley Branch Library". Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to approve the following Resolution authorizing the designation of the Islamorada Library as the "Monroe County Helen Wadley Branch Library". Motion carried unanimously. I RESOLUTION NO. 285-1985 See Res. Book No. 46 which'is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to aurhorize the placement of an appropriate plaque at the Islamorada Library acknowledging its dedica- tion. Motion carried unanimously. 9 '. 3 STAFF REPORTS Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the Application of John and Andrea McCarthy for the construction of a dock but dening the request for a rip rap. Motion carried unanimously. During discussion Mayor Harvey called for a Special Meeting of the Board of County Commissioner for 10:30 A.M., Saturday, October 12, 1985,,Courtroom B, in Key West for the purpose of meeting with the Secretary and other members of the DCA staff. UNFINISHED BUSINESS Mr. Andrew Tobin addressed the Board concerning his clients claims as to certain roads located in Venetian Shores subdivisions. No action was taken. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance Amending Chapter 19 of the Code of Ordinances providing for an amendment to section 19-279(4) entitled "Approach Zone" and amending Section e. Thereof to provide for an incrase in clear zones for Runway 9, Key West International Airport and Runway 25, Marathon Flight Strip; providing for severabili- ty; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance to the extent of said conflict; providing for inclusion in the Code; and provinding and effective date. Proof of Publication was entered into the record. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Fahre.r and seconded by Commissioner Freeman to adopt the proposed Ordinance. Roll call vote on the motion was unanimous:. ORDINANCE NO. 032-1985 See Ord. Book No. 10 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance providing that the Code of Ordinances, County of Monroe, Florida, be amended by revising section 19-5 of said code, entitled "Definitions" by providing a definition for Veterinary Clinic; amending Section 19-127.1(a) of said Code, by adding a subsection to be numbered (32) providing Veterinary Clinic to be a permittted use in a BU-2Q zoned district; providing for inclusions of this Ordinance in the Monroe County Code of Ordinance; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith to the extent of said conflict; and providing an effective date. Proof of Publication was entered into the record. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Dr. Jim Green addressed the Board in favor of the proposed Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to refer this matter to the Zoning Board to be considered as soon as possible and return to the Board for a second Public Hearing. Motion carried unanimously. Mr. Paul Snellinger of Big Pine Key addressed the Board and opposed the proposed Ordinance. A Public Hearing was held on a proposed Ordiance extending the Moratorium on Major Developments permitted under Chapter 6 of the Code of Ordinances of Monroe County, 1 1 1 EE 009 1 1 1 and amending Ordinance Nos.: 025-1983, 015-1984, 029-1984, and 009-1985; to provide fo'r an extension of the provisions of the aforesaid Ordiance N�o. 025-1984, and Ordinance No. 009-1985, until April 30, 1,986 or until the Land Use Plan is adopted, which ever occurs 'Ifirs; concerning those Major Development Applications that have received preliminary, approval as per Chapter 6 oaf the Monroe County Code of Ordinances as of this Date;i Giving reasons and the cause for an extension of said Moratorium; stating why it is needed and necessary; providing f`r the length of time for said extension of the Moratorium and providing for the steps taken to alleviate said conditions; providing for certain exceptions of Applications which have received preliminary approval for development under Chapter 6, Article VII, of the Monroe County Code; providing that no Application which has not received preliminarly approval shall be processed and no new Applications be acceipted; providing for certain exceptions to said Ordiancel; providing for the severabi,lity of each and every provision, hereof; providing for teh repeal of any Ordiances or parts o'f Ordiances 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 restrictions and/or Moratoriums heretofore approved. Proof of Publication was entered into the record. Motion was made by Commissioner Fdhrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Mr. Charles Pattison, Director of Building, Planning &; Zoning adddressed the Board concerning the need for the extension of the Moratorium as it relates to the provisions of public services and thelon going planning process. Mr. Cleare Filer addressed thelBoard and opposed the extention of the Moratorium and discussed its effect on his property on Big Torch Key. Ms. Anne G. Filer also addressed the Board concerning this matter. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to continue until the next Public Hearing. Motion carried unanimously. There being no adjourned. further business the meeting was i x, 1 •'�I K40NDAY 0CTO-BER nsFSOAY WEDNESDAY THURSDAY SURIDAY 1 2 3 4 — 5 BCC PLANTATION BCC vote to transmit reply to comments Q 9 10 11 12 7 Staff send reply by Staff finish work on registered mail Unrecorded Sub- divisions } 15 16 17 18 19 13 14 BCC MARATHON APPEALS Consultants deliver HOLIDAY preview of Text Changes. Staff de-' liver Unrecorded Sub- division report. (no discussion) 21 22 23 24 25 25 20 27 23 ��!%��'�% P BCC ith 31 BCC yaxAnt T wit staff and staff pre- wQx4rSrIp staff to discus,?' sentation on CF Peer Review and Un- report (no vote) recorded Subdivision reports. Carry over (7 FM •- marathon) of CF workshop. (ail day - ;•iarathon) 4. s { re SUNDAY UONDAY fttESDAY uvEDP1E SDAY t 2 1 BCC P.E., KEY WEST BCC direction on Text Preview, Peer Review ' ';' & Unrecorded Subdi•- visions reoo_ts. Last l daY or -lap Change requests. (For • 3 ) meetg. 11/19-21) ' f. ► c 6 7 8 9 2 ' 4 10 11 12 13. BCC P.H. & vote on 14 15 CC PLANTATION. 16 i _ _C,' issue. s.. _ (7 PM -Marathon) Staff deliver agenda 1t of proposed Map Changes. ' (no discussicn) 17 18 19 22 20 21 Staff finish environ- BCC on maps. 23 mental review. APPEALS BCC on maps. BCC on maps. f t 24 25 26 27 28 29 30 HOLIDAY HOLIDAY f.l J 5 , A� l 777 SUNDAY 1 8 � t Y r ? t 1 15 �l Y r., r' l° 22 � t •� s � f i a.� 29 1 � ;7 ai MONDAY 6 Consultants deliver text (25 copies) & maps (11 copies) 9 16 f 30 DECEMBER TUESDAY WEDNESDAY 3 4 THURSDAY 5 FRIDAY 6 BCC Marathon 10 11 12 13 ----------- BCC Public Hearin Is on Entire P1 In------- 17 18 19 20 APPEALS BCC Key West Last day to •request Map Changes (For meetg. 1/2/86) 24 25 26 27 HOLIDAY jJ SATURDAY 14 21 � M l 1 ' , d a. s, ,• f At c � 5 xt �"� •r r � 1 s k 4 J A V U A R Y} y i�� y TUESDAY WED ESDAY TIiURSDAY FRIDAY SATURDAY 'AY MONDAY y, 4 2 3 1 BCC Plantatio HOLIDAY BCC on maps G v Y y 1 r f < fit } 1 t 11 4 g 9 10 6 7 r Consultants deliver Plan { '' (25 copies) Il A 14 15 16 17 18 r 13 APPEALS BCC Mara thon LPA BCC Public w 1 .r C S s•.• Public Hearing K ; Hearing (after aft5 PM) u �s (after 5 PM) y. 25 23 24 :f 20 21 22 3 ; BCC Public z fi Hearing sl (Daytime) r tiwr 27 28 29 30 31 f r , s BCC Public Hearing & R f. 3� (after 5 PM) `