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01/14/1999 Regular ~ 99/24 MINUTES OP THE MONROE COUNTY BOARD OP COUNTY COKKISSIONERS Regular Meeting Board of County Commissioners Thursday, January 14, 1999 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner George Neugent, Commis- sioner Mary Kay Reich, Commissioner Nora williams, Commissioner shirley Freeman, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James T. Hendrick, County Attorney; James Roberts, County Administra- tor; county Staff, members of the Press and Radio; and the general public. ---- All stood for the Invocation and Pledge of Allegiance. THE FOLLOWING ITEMS WERE CONTINUED FROM THE MEETING OP JANUARY 13, 1999 DIVISION OF PUBLIC WORKS Bert Bender of Bender & Associates Architects, P.A. updated the Board on the status of the Gato Building Renovation Project. The Board took no official action. SOUNDING BOARD Charla Rodriguez, Sub-District Administrator of the Florida Department of Children and Families, District 11 Dade & Monroe Counties discussed with the Board the privatization of Child Protective Services under House Bill 3217 and provided a status report on Project H.O.P.E. (Helping our People in Emergencies) hurricane recovery initiative. Ms. ROdriguez also discussed the approval to appoint a liaison to the District lIB Department of Children and Families to assist with and offer input on issues affecting children and ~ families in our community. Motion was made by Commissioner williams and seconded by Commissioner Freeman appointing commissioner Mary Kay Reich as the Board's liaison. Motion ~ 99/25 carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner williams and seconded by Commissioner Neugent granting approval to remove surplus items from inventory and advertise for bids or dispose. Motion carried unanimously. Community services Director Peter Horton addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the recommendations made by the Monroe Council of the Arts to procure art work for the Key West International Airport and requested the Arts Council to encourage revolving displays of art on a voluntary basis in the airport. Roll call vote was unanimous. ~ Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval to transfer ownership of two surplus Monroe County Transportation vans, former property tag numbers 1806-005 and 1806-007 to the School Board of Monroe County. Roll call vote was unanimous. Code Enforcement Director Tom Simmons and Community Services Director Peter Horton addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner williams to adopt the following Resolution authorizing certain Code Enforcement Inspectors to issue citations for violations of the Monroe County Code for disposition in County Court. Motion carried unanimously. RESOLUTION NO. 033-1999 See Res. Book No. 141 which is incorporated herein by reference. Mr. Horton addressed the Board. After discussion, motion was made by Commissioner williams and seconded by Commissioner Freeman granting approval and authorizing execution of a Contract Agreement between Monroe County and Key West Towing/Road One for the emergency removal of DV03A2716 located off of Safe Harbor, Stock Island. Motion carried unanimously. DIVISION OF MANAGEMENT SERVICES ~ John Carter, Senior Director - Office of Management & Budget and Ed Block, representing the Monroe County Telecommunications Authority discussed with the Board consideration of an application to transfer the Cable TV Franchise Agreement. William Daughtry, representing TCI __ 99/26 addressed the Board. The Board took no official action. MONROE COUNTY TAX COLLECTOR Monroe County Tax Collector Harry F. Knight addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner williams requesting the Tax Collector's Office handle the bid process for the selection of the newspaper to advertise the 1998 delinquent tax rolls at their own discretion. Roll call vote was unanimous. COMMISSIONERS' ITEMS -- commissioner Neugent discussed with the Board adoption of a Resolution directing the commencement of Sec. 189.428, F.S., Oversight Review Process for the Monroe County Mosquito Control District (District); Providing for the preparation of a report containing among other items an analysis and recommendation concerning the dissolution of the district; Providing for the consideration and adoption of such a report at a public meeting of the county commission; and providing that, if the report adopted by the county commission recommends the dissolution of the District, the filing of that report with the legislature. The following individuals addressed the Board: Commissioner Bill Langstaff, Executive Director of the Monroe County Mosquito Control Ed Fussell, Commissioner Steve Smith, commissioner Joan Lord-Papy, and Attorney Michael Barnes, representing commissioner Bill Shaw. County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adopt the following Resolution, as amended. Said amendment as follows: section 2.) a. ) Add the words "if necessary, an" between the words "independent management consultant and" and "without further action"; add the letter "s" after the word "contract"; delete the words "for each consultant", and delete the letters "es" from the word "does" in the second sentence of the section. section 2.) c.) Delete the words "special (regular?)"; add a "period (.)" behind the word "commission", and delete the words "to be held on in the first sentence of the Section. Roll call vote was taken with the following results: - commissioner Freeman Commissioner Neugent Commissioner Reich Yes Yes No ~ 99/27 commissioner williams Mayor Harvey Yes Yes Motion carried. RESOLUTION NO. 034-1999 See Res. Book No. 141 which is incorporated herein by reference. Commissioner Reich discussed with the Board a letter dated January 12, 1999 from Chairman Joan Lord-Papy concerning referendum results dated November 7, 1950 which acknowledged the creation of the Anti-Mosquito District and that it would also take a referendum to disband it. Mr. Hendrick addressed the Board. The Board took no official action. PUBLIC HEARINGS ~ The continuation from yesterday's Public Hearing (January 13, 1999) was held approving an amendment to Policies 101.4.1, 101.4.2, 101.4.3, and 101.4.4 of the Monroe County Year 2010 Comprehensive Plan to allow certain lawfully existing nonresidential uses in residential future land use categories. Acting Growth Management Director Tim McGarry addressed the Board. The Board accepted public input with the following individual addressing the Board: Jill Patterson. The Board discussed conducting public hearings concerning Land Use matters which do not affect the municipality of the City of Key West in either Marathon or Plantation Key. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Reich to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 009-1999 See Ord. Book No. 50 which is incorporated herein by reference. The continuation from yesterday's Public Hearing (January 13, 1999) was held concerning adoption of an Ordinance amending section 15.5-19, Monroe County Code, by providing an exemption of limited duration for property owners from the enforcement proceedings of Section 15.5-19, MCC when the location of the property owner's on-site sewage treatment and disposal system (OSTDS) is included within an area approved by referendum for the construction of centralized sewer service, a special district has been created for such purpose; or bonds sold or contracts entered into for such purpose; Providing for sever- ability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code ~ of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to continue the Public Hearing ~ 99/28 to February 10, 1999 at 11:00 A.M. at the that an adjustment in the language may be grievances of the Department of Community carried unanimously. Key Largo Library so made to meet the Affairs. Motion KISCELLANEOUS BULK APPROVALS Diane Gauthier, representing the Monroe Council of the Arts Corporation addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval and authorizing execution of a Funds Agreement between Monroe County and the Monroe Council for the Arts Corporation. 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. John Carter, Senior Director - Office of Management & Budget addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval to purchase Building Permit/Code Enforcement software to replace AS400 software. Motion carried unanimously. Public Works Director Dent pierce addressed the Board. Motion was made by Commissioner Reich and seconded by Williams granting approval to rescind the existing lease agreement between Monroe County and Mr. Robert Cangelosi for Harry Harris Park Concession stand due to insufficient funds of check #102 in the amount of $720.00 (first and last month's rent) and non-payment of rent due as per lease agreement for a total of 4 months and authorization to advertise and seek new bids; and waive amount of check in lieu of equipment which shall remain at the concession. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Commissioner Reich authorizing Staff to find a vendor on a month to month basis to provide service for the concession stand at Harry Harris Park pending contract review by the Board for final approval at a future meeting. Motion carried unanimously. ~ Mr. pierce informed the Board that the Ground Breaking for the Key Largo Community Park is scheduled for Friday, February 5, 1999 at 11:00 A.M. at the park. ~ 99/29 County Administrator James Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval to Request for Proposals for services of the Group Insurance Program: Third Party Administrator; utilization Review and Case Management Services (Cost Containment); specific and Aggregate stop Loss Insurance; Life and Accidental Death and Dismemberment Insurance; and various voluntary benefit packages (including but not limited to employee and/or dependent life insurance, short and long term disability coverage, deferred compensation, etc.) Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of the Fiscal Year 2000 Budget Calendar including dates for all public hearings. Motion carried unanimously. SOLID WASTE MANAGEMENT ~ Solid Waste Director Clark Lake informed the Board that the f.inal pass in the unincorporated areas of the County concerning Hurricane Georges cleanup of debris began on Monday, January 11. Mr. Lake discussed that new FEMA personnel staff had arrived in the County. Mr. Lake informed the Board that there is no incineration of vegetive debris occurring in the County. Mr. Lake also informed the Board that removal of derelict vehicles throughout the County in conjunction with the Sheriff's Office and local towing service would be occurring. Mr. Lake gave the Board status of the removal of hurricane debris from the Marathon Park. County Attorney James T. Hendrick reported to the Board that Ted Carter had filed a Federal Case: Ted Carter Enterprises, Inc., d/b/a Keys Sanitation Services, a Florida Corporation v. Monroe County, Islamorada, village of Islands and Ron Levy, Individually, case no. 99-10001. DIVISION OF COMMUNITY SERVICES ~ Community services Director Peter Horton informed the Board that all five (5) libraries were now on the Internet. - 99/30 Mr. Horton discussed the Key West Airport Ad Hoc Committee on noise and their request for radar for the airport tower. Mr. Horton requested Board support authorizing the Mayor to execute a letter to the Congressional Delegation asking them for assistance to help with radar at the KWIA tower. Motion was made by Commissioner Neugent and seconded by Mayor Harvey authorizing same. Roll call vote was unanimous. Mr. Horton also discussed receipt of a letter from the Inspector General concerning property at airports. Mr. Horton discussed the Florida Highway Patrol/Driver's License Building Lease located on Key West International Airport property which expires on February 18, 1999. Motion was made by Commissioner Freeman and seconded by Mayor Harvey to extend the Lease Agreement on a month-to-month basis for ninety {90} days. Roll call vote was unanimous. GROWTH MANAGEMENT - Acting Growth Management Director Tim McGarry discussed the Annual Report concerning the Five (5) Year Work Program and the County's Comprehensive Land Use Plan implementation. An update on legal issues was presented by County Attorney James T. Hendrick. Mr. Hendrick discussed the Rathkamp, Shaddick, New Port Largo, and the Personal Watercraft Industry Association lawsuits, as well as deep water/gambling boats in the Upper Keys. Jill Patterson addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to adopt the following Resolution amending Resolution No. 364-1992 and any other previous fee schedules inconsistent herewith, and amending the Planning Department Fee Schedule to include application fees for annual special vacation rental permits, pursuant to section 9.5-534 (B) 2, of the Monroe County Land Development Regulations. 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. - RESOLUTION NO. 035-1999 See Res. Book No. 141 which is incorporated herein by reference. ~ 99/31 Motion was made by Commissioner Freeman and seconded by Commissioner williams to adopt the following Resolution amending Resolution No. 364-1992 and any other previous fee schedules inconsistent herewith, and amending the Planning Department Fee schedule to include application fees for Development Agreements. 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. RESOLUTION NO. 036-1999 See Res. Book No. 141 which is incorporated herein by reference. ~ Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Resolution whereby the Growth Management Staff is directed to request the Department of Community Affairs to treat a package of comprehensive plan amendments as an emergency amendment as provided for in Section 163.3187, Florida statutes. Motion carried unanimously. RESOLUTION NO. 037-1999 See Res. Book No. 141 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the fOllowing Resolution amending Resolution No. 455-1996 in order to revise all permit fees to allow an additional $1.00 per permit issues, earmarked for State mandated ongoing continuing education and identification. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey No Motion carried. ~ RESOLUTION NO. 038-1999 See Res. Book No. 141 which is incorporated herein by reference. Motion was made by Commissioner williams and seconded by Commissioner Freeman granting approval of Survey Questionnaire concerning Water Reuse in the Little Venice Area (95th Street Ocean to Vaca Cut - oceanside) of the Marathon Wastewater Service - 99/32 Area. Roll call vote was unanimous. Motion was made by Commissioner williams and seconded by Commissioner Freeman granting approval and authorizing execution of an Amendment to the Tri-party Agreement between Islamorada, village of Islands (the "Village"), the state Department of Community Affairs (The "Department") and Monroe County (the "county"). Motion carried unanimously. DIVISION OF MANAGEMENT SERVICES John Carter, Senior Director - Office of Management & Budget updated the Board on status of the County's computer systems network and Year 2000 (Y2K) readiness. Mr. Carter discussed a Resolution concerning the Transfer of Funds for the Tourist Development Council Y2K presentation in the amount of $2800. The Board took no official action. COMMISSIONERS' ITEMS - Motion was made by Commissioner williams and seconded by Commissioner Freeman to table to the February 10, 1999 regularly scheduled Board meeting in Key Largo the approval for release of public use only Restrictive Covenant for the Key West Lion's Club, Inc., property located at 2405 North Roosevelt Boulevard, Key West, Fl. Roll call vote was unanimous. commissioner Neugent discussed the ineffectiveness of the Monroe County Noise Ordinance. County Attorney James T. Hendrick addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner williams directing the County Attorney to tighten up the laws of the Noise Ordinance making it more stricter and to work with local law enforcement for enforcement of the existing Ordinance. Motion carried unanimously. commissioner Neugent discussed a monthly "Town Meeting" involving all or limited attendance by Monroe County Commissioners giving the general public an opportunity to present concerns. Jill Patterson addressed the Board. The Board took no official action. - commissioner Freeman discussed the County's response to areas considering Incorporation. County Administrator James Roberts; County Attorney James T. Hendrick; and Jill Patterson addressed the Board. The Board took no official action. commissioner Freeman excused herself from the meeting. ,- 99/33 COUNTY ADMINISTRATOR County Administrator James Roberts reported to the Board on the following: status of storm related debris removal/right of entry program; status of the Growth Management Director selection; arrival of the new FEMA crew and that 75% reimbursement will be forthcoming. The County match will run approximately $3 - $3.5 million; possibility for the calling of a Special Board meeting concerning FEMA funding issues; planning for the possible expense of future storms; the state Division of Emergency Management has requested to have a conference with the Board; Drug & Alcohol Policy; and Zero Tolerance Level Policy. COMKISSIONERS' ITEMS Commissioner williams discussed the Budget. John Carter, Senior Director - Office of Management & Budget and Mr. Roberts addressed the Board. The Board took no official action. -- COUNTY ADMINISTRATOR Mayor Harvey nominated Commissioner williams for a seat on the Florida Keys National Marine Sanctuary Advisory Council. Roll call vote was unanimous, with Commissioner Freeman not present. commissioner Reich discussed approval of Contract between Monroe County and Commonwealth Consulting corporation for consulting services. Motion was made by Commissioner Reich and seconded by Commissioner williams granting approval of the item Roll call vote was unanimous, with Commissioner Freeman not present. Project Manager Jim Malloch and Mr. Roberts addressed the Board concerning approval of The Cooperative Agreement between Monroe County, Natural Resources Conservation service (NRCS), Department of Community Affairs (DCA), South Florida Resources Conservation & Development Council (SFRC&D), City of Key West, and the City of Key Colony Beach to clean canals associated with Hurricane Georges and the approval of the License for the use of property to clean canals. The Board took no official action. -- Motion was made by Mayor Harvey and seconded by Commissioner Reich granting approval of a request from the - "Re.vis ion 99/34 Affordable Housing Task Force for $15,000 to assist in funding Task Force operations. After discussion, motion was withdrawn. Mr. Roberts, Clerk of Court Danny L. Kolhage and Mr. Hendrick addressed the Board. The Board agreed for the Administrator to send a letter concerning funding limitations to the Chairman of the Task Force. Sheila Chamberlain, Legislative Aid to State Senator Daryl Jones addressed the Board. commissioner Reich excused herself from the meeting. COUNTY ATTORNEY County Attorney James T. Hendrick informed the Board that a Tourist Development Council special event late bid been accepted. - Motion was made by Commissioner williams and seconded by Commissioner Neugent to adopt the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Ocean Drive Road, Palma Sola, Key Largo, Florida. Motion carried unanimously, with commissioner Freeman and Commissioner Reich not present. RESOLUTION NO. 039-1999 See Res. Book No. 141 which is incorporated herein by reference. Mr. Hendrick discussed with the Board Keys Microcable being in default of their agreement. Motion was made by Commissioner williams and seconded by Commissioner Neugent authorizing the County Attorney to give Keys Microcable a thirty * (30) day notice that they are in default under the terms of their agreement and if the defaults are not remedied, they are to be declared in breach, and the agreement will be terminated. Roll call vote was unanimous with Commissioner Freeman and Commissioner Reich not present. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ~ ~~ Cl. f1,'>8~ Isabel C. Desantis Deputy Clerk