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02/11/1999 Regular ~ 99/56 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, February 11, 1999 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Key Largo Library. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora williams, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; James T. Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ~ Motion was made by Commissioner by Commissioner Neugent granting approval Corrections, and Deletions to the Agenda. unanimously. williams and seconded of Additions, Motion carried COUNTY ADMINISTRATOR Mr. Greg Garvey, Executive Director of the South Florida Resources and Development Council (SFRC&D) located in Homestead, Florida addressed the Board regarding the SFRC&D mission, role, and organization and what they can do for Monroe County and its citizens. The Board took no official action. Project Manager Jim Malloch addressed the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval and authorizing execution of a Cooperative Agreement, Addendum, and License for canal cleaning between Monroe County, the Natural Resources Conservation Service (NRCS), and the South Florida Resource Conservation Development council, Inc. (SFRC&D), resulting from the damages associated with Hurricane Georges' and Tropical Storm Mitch. Motion carried unanimously. ~ .- 99/57 PUBLIC WORKS Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the Capital Improvement Plan (Amended) - Fund 304. Said document is incorporated herein by reference. Motion carried unanimously. OFFICE OF MANAGEMENT AND BUDGET John Carter, Senior Director - Office of Management & Budget and County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolutions for the Transfer of Funds and Receipt of Unanticipated Revenue to amend the Capital Plan to add Canal Cleanup, Key West Garage Trailers and Marathon Marina Management Projects: Resolution concerning the Transfer of Funds. (OMB Sch. 11) . - RESOLUTION NO. 068-1999 See Res. Book No. 141 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Sch. 12) . RESOLUTION NO. 069-1999 See Res. Book No. 141 which is incorporated herein by reference. Resolution concerning the Transfer of Funds (OMB Sch. 13A). RESOLUTION NO. 070-1999 See Res. Book No. 141 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Sch. 13B) RESOLUTION NO. 071-1999 See Res. Book No. 141 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Sch. 16). RESOLUTION NO. 072-1999 See Res. Book No. 141 which is incorporated herein by reference. .- Resolution concerning the Transfer of Funds. (OMB Sch. 1) . ~ 99/58 RESOLUTION NO. 073-1999 See Res. Book No. 141 which is incorporated herein by reference. Motion carried unanimously. COUNTY ATTORNEY ~ The Board returned to Agenda item T-7 from the 2/10/99 meeting concerning staff's request for direction from the Board regarding the prosecution of violations of Ordinance No. 004-1997 (Vacation Rental Ordinance). State Attorney Kirk Zuelch addressed the Board concerning enforcement of the Vacation Rental Ordinance. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to remove the previous motion from the table. (Commissioner Williams' motion from the prior day which was tabled) Motion carried unanimously. During discussion of the motion, Commissioner Williams withdrew the motion. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to approve the recommendation of the County Attorney as set forth in a memorandum from Assistant County Attorney Stuart Schurr dated February 1, 1999 with the requirement of monthly reports to track cases for compliance and resolution of cases. Capt. Mills and Fred Nickerson addressed the Board. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey Yes Motion carried. GROWTH MANAGEHENT/COUNTY ATTORNEY County Attorney James T. Hendrick discussed the Dyne B. Vaughn litigation. MONROE COUNTY SHERIFF DEPARTMENT Sheriff Roth discussed and answered questions concerning the Noise Study Ordinance. Capt. Mills and Code Enforcement Director Tom Simmons addressed the Board. The Board took no official action. ~ - 99/59 COMMISSIONERS' ITEMS commissioner Williams reported to the Board concerning her trip to Washington, D.C. to pursue funding for water quality programs in Monroe County. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman authorizing Commissioner williams to send a letter to Governor Jeb Bush from the Board urging the Florida legislature and the Federal government in Washington to allocate funds to address the water quality problems of the Florida Keys. Motion carried unanimously. - Commissioner Williams discussed with the Board her request for certain budget information. John Carter, Senior Director - Office of Management & Budget and County Administrator James Roberts addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the Resolution concerning budgetary research and actions. During discussion, motion was made by Commissioner Neugent and seconded by Mayor Harvey to table the item to the next regularly scheduled Board meeting in Marathon on March 10, 1999. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams No Mayor Harvey Yes Motion carried. Commissioner Neugent discussed with the Board a public relations television show hosted by the County Administrator. Commissioner Neugent also discussed a "Town Meeting" format. Motion was made by Commissioner Neugent and seconded by Mayor Harvey for the Board to host a quarterly town hall meeting in Marathon from 6:00 to 9:00 P.M. Roll call vote was unanimous. DIVISION OP MANAGEMENT SERVICES John Carter, Senior Director - Office of Management & Budget and William Daughtry, representing TCl addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Reich to adopt the following Resolution conditionally approving the change of control of the TCl Television Franchise from TCl to AT&T Corp. Roll call vote was -- unanimous. RESOLUTION NO. 074-1999 ~ 99/60 See Res. Book No. 141 which is incorporated herein by reference. COUNTY ADKXNXSTRATOR County Administrator James Roberts discussed with the Board recommendations concerning the incorporation of the proposed City of Marathon and the proposed Village of Key Largo pursuant to his memorandum dated February 8, 1999. The following individuals addressed the Board: Robert Miller, representing citizens Incorporate Marathon; Charles Brooks and Doug Prew, representing citizens for Island Government; Richard R. LaMarra, Skip Warner, Murray Nelson, and Jerry wilkinson. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the following recommendation: 1. It is recommended that the Board of County Commissioners request the Monroe County Legislative Delegation to remove the sections from the proposed acts for incorporation of the proposed City of Marathon and the proposed Village of Key Largo in reference to gas tax revenues, thereby allowing the State law to operate as intended, effective Fiscal Year 2001, with authority to prepare the necessary language to be forwarded to the legislative delegation. ~ Roll call vote was unanimous. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of the following recommendation: 2. It is recommended that the Board of County Commissioners request the Monroe County Legislative Delegation to add a provision to the proposed acts for the proposed City of Marathon and the proposed Village of Key Largo requiring solid waste to be sent through the county's solid waste program with the appropriate fees at the time being remitted to the county, with authority to prepare the necessary language to be forwarded to the legislative delegation. Roll call vote was unanimous. Motion was made by Commissioner Freeman and seconded by __ Commissioner Reich to approve the proposed draft legislation concerning the infrastructure sales tax distribution as presented by the County Attorney with authority to prepare the necessary ~ P.e.vis I on 99/61 language to be forwarded to the legislative delegation. Roll call vote was unanimous. COUNTY ATTORNEY County Attorney James T. Hendrick discussed with the Board the possibility of prohibiting jet skis everywhere in County waters except certain permitted zones (rather than the current prohibitory zone system) and the jet ski ban within Monterey Bay Marine Sanctuary (California). The following individuals addressed the Board: Patti LaMarra, Frank Kulisky, Amy Knowles, William Plummer, Dick Hagood. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Resolution requesting the 1999 Legislature to pass a "Special Act of Local Application" that prohibits the operation of a personal watercraft except in areas designated by the Board of County Commissioners. Roll call vote was taken with the following results: ~ commissioner Freeman Commissioner Neugent Commissioner Reich Commissioner williams Mayor Harvey Yes Yes No Yes Yes Motion carried. RESOLUTION NO. 074A-1999 ~ See Res. Book No. 141 which is incorporated herein by reference. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval and authorizing execution of Amendment to Agreement between Monroe County and the Guidance Clinic of the Middle Keys to provide services as the Community Transportation Coordinator for the Transportation Disadvantaged in Monroe County. During discussion, Commissioner Reich withdrew her motion. Motion was then made by Commissioner Neugent and seconded by Commissioner Freeman to approve the item. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey Yes - Motion carried. COMMISSIONERS' ITEMS Rtv;.s;ort 99/62 Commissioner Neugent discussed with the Board replacement of non-functioning waste systems upon the sale of a home. Dagny Johnson addressed the Board. The Board agreed to refer the item to the Wastewater Task Force for research. Commissioner Neugent discussed with the Board a Resolution committing Monroe County's best efforts to the Monroe County Affordable Housing Task Force; providing for an effective date. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolution, as amended. Said amendment as follows: Section 1: insert" a comma (,) and the words Executive Director of the Land Authority, and other appropriate Staff" after the words "County Administrator" in the Section. Roll call vote was unanimous. a.SOLUTIOH HO. 074B-1999 ~ See Res. Book No. 141 which is incorporated herein by reference. COUNTY ADKIHISTRATOa County Administrator James Roberts discussed with the Board a joint City of Key West/Monroe County Commission Meeting to be held on February 18, 1999 at the Harvey Government Center at Historic Truman School at 6:00 P.M. Mr. Roberts advised the Board that he had selected the firm of Government Services Group out of Tallahassee, Florida to perform the Mosquito Control study. Mr. Roberts discussed clean-up costs and FEMA and the alternatives for funding the County's matching costs requirements. Solid Waste Director Clark Lake and John Carter, Senior Director - Office of Management , Budget addressed the Board concerning methods of financing the County's match. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to authorize the advertisement for commercial loan financing of the County's local match in the amount of approximately $3.6 million dollars. Roll call for was unanimous. Mr. Roberts discussed with the Board efforts of the County to participate in incorporation efforts. COUNTY ATTORNEY/GROWTH MANAGEMENT County Attorney James T. Hendrick addressed the Board and asked that the Board reconsider Agenda item T-6 concerning an addendum to the Interlocal Agreement between Monroe County and ISlamorada, Village of ISlands, setting a new date to use as the guideline for different activities to take place. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to reconsider Agenda item T-6. Roll call vote was unanimous. Motion was made by Commissioner Williams and seconded .~ - 99/63 by Commissioner Freeman granting approval to amend the Interlocal Agreement as follows: change the words "shall be required to commence" to "shall be required to occur" in section 1 of the document. Roll call vote was unanimous. Mr. Hendrick advised the Board that he would need authority to file a suit against a responsible party concerning a resident at Bayshore Manor in accordance with county's signed contract with that individual. Motion was made by Commissioner williams and seconded by Commissioner Freeman authorizing the County Attorney to file suit against the responsible party to collect the funds in the amount of $9250. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich Yes Commissioner Williams Yes Mayor Harvey No Motion carried. - Mr. Hendricks discussed with the Board the Rathkamp litigation. Motion was made by Commissioner Freeman and seconded by Commissioner williams authorizing the County Attorney to accept a check from Attorney David P. Horan in the amount of $32,678.26 to be placed in escrow pending resolution of the case involving Sombrero Texaco impact fees. Roll call vote was unanimous. Mr. Hendrick discussed with the Board Mr. Tom Fouts' request that Monroe County become a party to his litigation regarding legislative districts. The Board took no official action. Mr. Hendrick discussed with the Board regarding whether the County should explore alternatives to the 365 day time limit for connecting a central sewer system as set forth in section 381.00655, F.S. including any possible agreements with the FKAA. The Board took no official action. Motion was made by Commissioner Reich and seconded by Commissioner Williams to adopt the following Resolution authorizing the County Administrator or his designee to execute, on behalf of the County, the u.s. Department of Agriculture form "Assurances Relating To Real Property Acquisition" when necessary ~ during the course of the canal program. Motion carried unanimously. - 99/64 RESOLUTION NO. 075-1999 See Res. Book No. 141 which is incorporated herein by reference. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ;;~~;;~t~)A~ Deputy Clerk - ,-..