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10/08/1991 RegularWW D83 Regular Meeting Board of County Commissioners Tuesday, October 8, 1991 Key West A Regular Meeting of the Monroe County Board of County -Commissioners convened at 1:00 p.m. on the above date at the Lions Club in Key West. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Douglas Jones, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Also present were Danny Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. COMMISSIONERS' ITEMS County Administrator Tom Brown discussed two items agendaed for the October 9th meeting and inquired as to whether or not the Board should consider a "Time Certain" for those items. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to set Agenda Item 0-1 (consideration of a proposed Resolution expressing the Board's opposition to governmental imposition of additional restrictions on a woman's right to reproductive freedom) for 2:30 p.m. on October 9th. Roll call vote was unanimous. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to set Agenda Item 0-3 (discussion regarding URM set -backs) to 4:00 p.m. on October 9th. Roll call vote was unanimous. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve additions, deletions and corrections to the Agenda. Motion carried unanimously. SOUNDING BOARD Al Griffin of Sugarloaf Shores addressed the Board requesting that the Board take action to eliminate transient vacation rentals in Improved Subdivisions. Shirley Mart Benson also addressed the Board. The Board discussed the possible appointment of a task force to address the issue. No official action was taken. Susan Foster, President of the Sugarloaf Shores Property Owners Association, addressed the Board regarding the problem of mowing the rights -of -way in the Sugarloaf Shores Subdivision. Public Works Division Director Dent Pierce and County Administrator Tom Brown discussed the item. The matter was referred to Staff for their recommen- dation. WW 08IT Dona Merritt addressed the Board concerning 163 Comprehensive Plan - Platted Lands. Motion was made by Commissioner London and seconded by Mayor Harvey to refer Ms. Merritt's proposal to the Planning Department and the Consultant for their consideration. Roll call vote was una- nimous. MISCELLANEOUS Lavon Wisher of Public Financial Management, Inca addressed the Board regarding sale of the 1991 Infrastructure Sales Tax Revenue Bonds to the Underwriters. During discussion, she indicated for the record that Lehman Brothers had disclosed pursuant to Florida Law that they had paid a finder's fee of $2,500.00 to Sandra Anderson. Judson Freeman of Squire, Sanders & Dempsey addressed the Board. Motion was made by Commissioner London and seconded by Mayor Harvey to adopt the following Resolution fixing the date, maturity schedule, interest rates, interest payment dates, redemption provisions and bond registrar and paying agent for $42,415,000 Sales Tax Revenue Bonds, Series 19.91, of Monroe County, Florida; awarding the bonds at negotiated sale to the purchaser; approving the form and dissemination of the official statement for the bonds; cancelling authori- zation for the issuance of the balance of the bonds; authorizing all other necessary action in connection with the issuance of the bonds; and providing an effective date. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal Yes Jones No London Yes Stormont Yes Yes RESOLUTION NO. 347-1991 See Res. Book No. 101 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt the following Resolution amending a Resolution of the Board of County Commissioners of Monroe County, Florida entitled: "A Resolution of the Board of County Commissioners of Monroe County, Florida, authorizing the acqui- sition and construction of additional criminal justice facilities in Monroe County, Florida; providing for the issuance of not exceeding $40,000,000 Sales Tax Revenue Bonds, Series 1991, of the County to finance the cost thereof; providing for the payment of such bonds from the portion of the one cent local government infra- structure surtax proceeds distributable to the County; making certain covenants and agreements in connection therewith; and providing an effective date." duly adopted on March 27, 1990, by making changes necessary for issuance of a municipal bond insurance policy for the bonds; and providing an effective date. Roll call vote was taken with the following results: WW 085 Commissioner Cheal Yes Commissioner Jones No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. RESOLUTION NO. 348-1991 See Res. Book No. 101 which is incorporated herein by reference. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to approve the appointment of C & S Sovereign Bank as the custodial trustee. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Motion carried. Motion was made by and seconded by Commissioner Cheal Bond Sales Contract as presented. with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Motion carried. Yes No Yes Yes Yes Commissioner Stormont to approve the Revenue Roll call vote was taken Yes No Yes Yes Yes Michael Halpern and Dan Pavone addressed the Board concerning the proposed assignment of the Solid Waste Collection Agreement from Baltuff Disposal Service, Inc. to Industrial Waste Services, Inc. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve, subject to the presentation of appropriate contract requirements. During discussion, motion was made by Commissioner Cheal to postpone this matter until performance bond requirements and history of the corporation purchasing the Franchise could be provided to the Commission. The motion to amend died for lack of a second. Roll call vote on the original motion was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. COUNTY ADMINISTRATOR Harry Sawyer, Supervisor of Elections, addressed the Board regarding the recommended re -districting of Monroe County based upon the 1990 census. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal directing the County Attorney to draw an appropriate Resolution describing the Commission Districts per statutory requirements for the Board's consideration and approval prior to December 31, 1991. Roll call vote was unanimous. MISCELLANEOUS Motion was made by Commissioner Stormont and seconded by Commissioner London to approve the request by the Key Largo Chamber of Commerce to use Harry Harris Park on November 8-11, 1991 for the loth Annual Island Jubilee and grant approval for the sale and consumption of alcohol, contingent upon insurance and liability requirements having been met. During discussion, motion was made by Commissioner Jones that the organization must hire an off - duty law enforcement officer with the power of arrest. During discussion, this amendment was accepted by the maker and became part of the original motion. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal No Jones No London Yes Stormont Yes Yes Motion was made by Commissioner London and seconded by Commissioner Jones to approve the request by the Big Pine Key Jaycees to have fees waived for their use of Blue Heron Recreational Center. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Commissioner London to direct Staff to revisit the adopted Fee Schedule. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton addressed the Board regarding proposed chartered jet flights into both the Key West and Marathon Airports. The following individuals addressed the Board concerning this matter: A. Cary Evans; Sean Deaton, Robert Neiman, Max Pelt, Jim Robinson. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to direct Staff to have the Consultants prepare recommendations for accommodateable charter opera- tions at both Airports, given the specific conditions at each, to include all options including use of 727's. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to deny the request for charter operations exceeding stated capability of the County's Airports until receipt of the recommendation of the Airport Consultants. Roll call vote was unanimous. BOARD OF APPEALS and PUBLIC HEARING A Public Hearing was held on an appeal filed by Arthur B. Lujan of the denial by the Planning Commission on his request for approval of a Major Conditional Use to build WW 087 a hotel complex on Raccoon Key to be known as the "Key West Inn and Ocean Club." Proof of publication was entered into the record. County Attorney Randy Ludacer addressed the Board and advised that the estate of the deceased Mr. Lujan had requested a continuance. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue to December 10, 1991 at 4:00 p.m. Roll call vote was unanimous. Henry Morgenstern of the Key West Civic Association advised that he was present and prepared to go forward with the appeal hearing. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance creating Sec. 6.3-12, Monroe County Code, in order to pro- vide that prosecutions before the Code Enforcement Board shall be initiated within four years of the occurrence of the event complained of or be forevered barred; providing for an exception for occurrences which threaten human life; providing for an exception for structures built below the base flood elevation established by the Federal Emergency Management Agency; providing for severability; providing for incorporation into the Monroe County Code of Ordinances; providing for the repeal of all Ordinances inconsistent herewith; and providing an effective date. Proof of publi- cation was entered into the record. Motion was made by Mayor Harvey and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. The following individuals addressed the Board: Vern Pokorski, Herb Pontin, Shirley Mart Benson. After discussion, motion was made by Commissioner Jones and seconded by Mayor Harvey to adopt the following Ordinance, amended to delete the words "complaint with the Clerk of the Code Enforcement Board" and insert in lieu thereof the words "notice of violation by the Code Enforcement Department" and to exclude Subparagraphs a) and c) of Section 1. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor Harvey Motion carried. Cheal No Jones Yes London Yes Stormont No Yes ORDINANCE NO. 027-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance abolishing the Venetian Shores Road Improvement Municipal Service Taxing Unit; providing that the Clerk of the Circuit Court shall distribute any remaining Unit funds to the pre- sent property owners upon application therefor; providing that any unclaimed funds shall, after one year, revert to the County's General Fund; providing for severability; pro- viding for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal WW 088 L to adopt the following Ordinance. Roll call vote was unani- mous. ORDINANCE NO. 028-1991 See Ord. Book No. 26 which is incorporated herein by reference. A Public Hearing was held concerning a proposed Resolution approving the issuance of certain obligations of the County with respect to the Plantation Key Convalescent Center, subject to certain conditions, in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended. Proof of publication was entered into the record. George Mueller, attorney, addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 349-1991 See Res. Book No. 101 which is incorporated herein by reference. COUNTY ADMINISTRATOR Rufus Frazier, Director of the Safety Department, made a presentation to the Board concerning the proposed new Safety Policies and Procedures Manual. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Resolution adopting the new Monroe County Safety Policies and Procedures Manual and to include a new clause to read as follows: "WHEREAS, in addition and agencies directly of the Board of County other County agencies to participate in this Motion carried unanimously. to County functions under the purview Commissioners, are hereby invited program." RESOLUTION NO. 350-1991 See Res. Book No. 101 which is incorporated herein by reference. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to adopt the following Resolution adopting the revised Monroe County Personnel Policies and Procedures. Roll call vote was unanimous. RESOLUTION NO. 351-1991 See Res. Book No. 101 which is incorporated herein by reference. COMMISSIONERS' ITEMS The Board proceeded with reconsideration of the most qualified firm for Phase I of the Jackson Square/Truman School renovations: Architects Design Group; Bender and Delaune Architects, P.A.; Gonzalez/ADI; Hatcher, Zeigler, Gunn & Associates, Architects; Imre Ereg, Architects. The Board announced that the selection process would be by ranking all firms according to a point system, reflecting the Number One selection to receive the Number One vote, and the successful nominee would be that one with the lowest point total. The Board proceeded to ballot with the following results: WW 089 1 1 1 Cheal Jones London Stormont Harvey Total Architects Design 4 3 a 4 2 4 17 ..Bender and Delaune 2 5 ! 1 4 3 15 Gonazlez/ ADI 1 2 3 1 2 9 Hatcher, Ziegler 3 4 5 3 5 20 Imre I Ereg 5 1 2 5 1 14 The Clerk announced the results of the tabulation which named Gonzalez/ADI as the °successful firm. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to authorize Staff to negotiate a contract with the firm of Gonzalez/ADI. Roll call v6te was taken with the following results: Commissioner Cheal Yes Commissioner JoneIs No Commissioner Lond;!on Yes Commissioner Stormont Yes Mayor Harvey j Yes Motion carried. Motion was made ly Commissioner London and seconded by Commissioner Cheal to adopt the following Resolution asking that the State not cut funding for health services, social services, and education for Monroe County. Motion carried unanimously. RESOLUTION NO. 352-1991 See Res. Book No. 101 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner London toyapprove a letter for the Mayor's' signature to request the Department of Transportation to speed up the repairs to tYe Salt Run Bridge in Key West. Motion carried unanimously. MISCELLANEOUS County Administrator Tom Brown discussed problems with the elevator at the elackson Square Courthouse Annex Building. Motion was made by Commissioner Jones and seconded by Mayor Harvey to authorize the County Administrator to advertise for bids for renovation/repair/ replacement of the elevator at the Jackson Square Courthouse Annex Building. Motion carried unanimously. 1 There being no further business, the meeting,was adjourned. 1