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06/10/1999 Regular - 99/220 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, June 10, 1999 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date, at the Marathon Government Center. 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; Isabel C. DeSantis, Deputy 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. ADDITIONS, CORRECTIONS, DELETIONS There were no Additions, Corrections or Deletions to the Agenda. PARKS AND RECREATION ADVISORY BOARD Attorney Tom Wright, representing the Parks and Recreation Advisory Board addressed the Board concerning a request that the Board consider an offer by Pepsi Cola Corporation to provide electronic scoreboards for Key Largo Community Park and Harry Harris Park in exchange for the exclusive marketing of "Pepsi" soft drink products. Motion was made by Mayor Harvey and seconded by Commissioner Williams directing Staff to begin the competitive bid process based on the offer from the Pepsi Cola Corporation. After further discussion, the maker of the motion accepted an amendment that advertisement be for a pure water product. Roll call vote was unanimous. -- Mr. Wright addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to accept the recommendation from the Parks and Recreation Advisory Board for Staff to prepare a cost analysis for the installation of a boardwalk at Coco Plum Beach. Motion carried unanimously. -- 99/221 GROWTH MANAGEKENT Code Enforcement Director Tom Simmons discussed with the Board his written report on the enforcement of the Vacation Rental Ordinance. The Board took no official action. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner williams granting approval and authorizing execution of a one year lease extension for property located at 416 Harbor Drive (#10 Indies Island Condominium), Duck Key, Florida. This lease agreement is between Monroe County (governing Board of the Duck Key Security District), Wayne and Susan Rice and Hawk's Cay Investors. Motion carried unanimously. - Mr. Roberts and Monroe County Transportation Program Administrator, Jerry Eskew addressed the Board. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval to purchase two (2) new 1999 Transportation Buses in the total amount of $88,604.70. Roll call vote was unanimous. Mr. Roberts addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner williams granting approval and authorizing execution of a Lease Agreement between Monroe County and the Marathon Yacht Club, with an annual renewal option at the County's option, for bay bottom adjoining the Marathon Yacht Club site. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution approving the Grant of a license to Bell South Telecommunications, Inc. d/b/a Southern Bell Telephone and Telegraph Company for use of county property to construct, operate, and maintain, add or remove, lines of systems of communication or related services at Bernstein Park. Motion carried unanimously. RESOLUTION NO. 260-1999 See Res. Book No. 142 which is incorporated herein by reference. Senior Director of Facilities Maintenance, Carlos Zarate addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval to advertise for bids to replace ACCU1A 49 ton condensing unit at ~ the Marathon Government Center; approval to waive Purchasing Policies and Procedures, granting the County Administrator authority to issue a Purchase Order to the most responsive bidder -- Rt.v/s/o#1. 99/222 based on staff review and recommendation, in order to accommodate the emergency replacement of same. Motion carried unanimously. DIVISION OF PUBLIC WORKS Public Works Director Dent pierce updated the Board on the progress of the culverts on Cudjoe Key. Mr. pierce provided the Board with a list of Monroe County owned boat ramps from Key Largo to Key West. CONSENT AGENDA / BULK APPROVALS The Clerk read into the record a letter from H. T. Pontin. Mr. Hendrick addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Resolution authorizing the acceptance of a Hold Harmless Agreement indemnification for an Idle Speed No Wake Zone in Blackwater Sound adjacent to Moon Bay Condominiums. Roll call vote was unanimous. RESOLUTION NO. 260A-1999 ~ See Res. Book No. 142 which is incorporated herein by reference. --. Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval of the following items: Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $1,512.50 for the of piling caps to be placed on top of County owned Aids to Navigation throughout the Keys. RESOLUTION NO. 261-1999 See Res. Book No. 142 which is incorporated herein by reference. Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $8,425 to comply with the 50/50 match requirement of the Special Waterways Projects Program Grant for the project known as "Repair, Replacement and/or Relocation of Aids to Navigation-Upper Keys". RESOLUTION NO. 262-1999 See Res. Book No. 142 which is incorporated herein by reference. Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $9,992 to comply with the 50/50 match requirement of the Special Waterways Projects Program Grant for the project known as "Repair, Replacement and/or Relocation of Aids to Navigation-Lower Keys". -- RESOLUTION NO. 263-1999 See Res. Book No. 142 which is incorporated herein by reference. 99/223 Extension in the project time period from June 30, 1999 to December 31, 1999 for the Joint Participation Agreement (JPA) Contract #AE-270, between Monroe County and the Florida Department of Transportation. Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $10,375 for repair of aids to navigation from the Lakes Passage to Layton Channel, Monroe County and execution of a Contract Agreement between Monroe County and American Underwater Contractors for the repair of Aids to Navigation from the Lakes Passage to Layton Channel, Monroe County. RESOLUTION NO. 264-1999 See Res. Book No. 142 which is incorporated herein by reference. Roll call vote was unanimous. Growth Management Director Tim McGarry addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval and authorizing execution of a Contract Agreement between Monroe County and Americorps National Civilian Community Corps, for the purpose of completing the marine facilities survey for Monroe County. Motion carried unanimously. GROWTH MANAGEMENT Mr. McGarry updated the Board on the following items: Rule change for the Comprehensive Plan; 88 cesspit credits as part of the Rule; the Growth Management Division is working with localities addressing ROGO issues; lost ROGO units going after them; and cesspit allocations. County Attorney James T. Hendrick updated the Board on legal issues as written in the memorandum dated June 9 & 10, 1999 from attorney Karen K. Cabanas of the firm Morgan & Hendrick. Mr. Hendrick also discussed the case of Lucian Spear v. Monroe County concerning Captains Cove. Mr. Hendrick displayed a copy of the 1977 Monroe County Land Use Plan to the Board. Mr. McGarry briefed the Board concerning compliance with affordable housing deed restrictions and proposed solutions to address issue. Mr. McGarry informed the Board that he would provide them with a report on the status. The Board took no official action. Mr. McGarry briefed the Board on the estimated number of illegal enclosures being used as affordable housing units and -- 99/224 proposed future course of action in addressing the issue. Motion was made by Commissioner williams and seconded by Commissioner Freeman authorizing the Mayor to send a letter to the Florida Department of Community Affairs using the May 24, 1999 letter as a draft model concerning affordable housing. Bob Schneider, representing the Big Pine Key civic Association addressed the Board. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to reinforce the Board's policy that the Chair will not entertain an additional request for presentation to the Board by the same speaker on the same item except for quasi-judicial matters where the applicant may be allowed to close. 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. Commissioner williams informed the Board that she had received a request from Ray Kitchener, Executive Director of the Marathon Chamber of Commerce concerning using Sombrero Beach for a 4th of July celebration. This item was referred to Staff. Mr. Roberts informed the Board that he will expand the wording on the top of the first page of each Agenda concerning public input. COMMISSIONERS' ITEMS Commissioner Reich discussed her item with the Board concerning approval of a resolution directing the BOCC to send a letter to Senators Graham and Mack and Representative Deutsch requesting Congressional review of the provisions of FEMA's Proposed Rule. The Clerk read into the record a letter from Ken Carter. After discussion, motion was made by Commissioner Reich and seconded by Mayor Harvey to adopt the Resolution. Roll call vote was taken with the following results: ~ Commissioner Freeman Commissioner Neugent Commissioner Reich Commissioner Williams No No Yes No ~ 99/225 Mayor Harvey Yes Motion failed. Commissioner Williams discussed her item with the Board concerning the sinking of the U.S.S. Spiegel Grove. Spencer Slate, Mr. Hendrick and Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval of a Memorandum of Agreement between Monroe County and the Florida Department of Environmental Protection, subject to review and approval by the County Administrator and contingent upon all the conditions recommended by the County Attorney as follows: 1. Submission of a sampling plan & work plan for removal of regulated PCB materials, together with a plan for plastics removal. 2. Fixed price contract for cleaning & preparation for sinking with Monroe County as third party. 3. Production of insurance - liability & pollution with Monroe County as insured and with approval of Risk Management. 4. Funding be secured. 5. Monitoring & inspection. Roll call vote was unanimous. After further discussion, motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolution requesting the Florida Key Marine Sanctuary to be responsible for all future artificial reefs within the Marine Sanctuary. Marine Resources Director, George Garrett addressed the Board. Roll call vote was unanimous. RESOLUTION NO. 208-1999 See Res. Book No. 142 which is incorporated herein by reference. Mayor Harvey discussed with the Board her item concerning the need to review the Social Services Transportation Program to determine whether it is being operated in the most efficient and economical way possible. Mr. Roberts addressed the Board. The Board took no official action. -- Commissioner Freeman discussed her item to allow public input at the beginning of each County Commission meeting on any agenda item (in addition to the regular public input at the time - 99/226 an agenda item is called). This would allow members of the public to speak on a item even if they do not have time to be called. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the item. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent No Commissioner Reich Yes Commissioner Williams No Mayor Harvey No Motion failed. Commissioner Freeman discussed her appointments to the Affordable Housing Task Force. Commissioner Freeman appointed Danise "Dee Dee" Henriquez and Gina Thomas Drake. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to approve two (2) at-large members: Mike proimos of Key West and Barbara Kneel of Lower Matecumbe. Roll call vote was unanimous. Mr. Roberts discussed Board direction concerning the goals of the committee. Commissioner Neugent and Mr. Hendrick discussed Personal Watercraft zones of inclusion. The Board took no official action. Commissioner Williams discussed with the Board a Water Quality Lab in Monroe County. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution requesting a water quality lab here in the Keys at the state's expense. Roll call vote was unanimous. RESOLUTION NO. 265-1999 See Res. Book No. 142 which is incorporated herein by reference. MONROE COUNTY SHERIFF'S DEPARTMENT Mr. Roberts and John Carter, Senior Director - Office of Management & Budget discussed with the Board options for the possible sharing of capital costs for the detention facility on stock Island, the collection and distribution of the infrastructure sales tax, and other discussions of the Sheriff's budget and millage as determined by the County Commission. Sheriff Richard D. Roth and Councilman Ron Levy representing Islamorada, Village of Islands addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to breakout municipal policing along the lines as recommended by the Sheriff. After consideration, the motion was ---- 99/227 withdrawn. Mr. Roberts, Mr. Hendrick and Mr. Kolhage addressed the Board. After further discussion, motion was made by Commissioner williams and seconded by Commissioner Reich requesting the Sheriff to segregate in the '99-2000 budget the cost of municipal policing, and directing the County Attorney to prepare and advertise an emergency Ordinance to expand the purposes of the unincorporated taxing district to include local law enforcement. Roll call vote was taken with the following results: commissioner Freeman No Commissioner Neugent Yes Commissioner Reich Yes Commissioner Williams Yes Mayor Harvey No Motion carried. COUNTY ADMINISTRATOR ---- Mr. Roberts discussed with the Board confirmation of the Administrator's appointment of Peter Horton to the position of Director of Airports. Betty Vail addressed the Board. The Clerk read letters from Thea Ramsey and Dick Rudell. Motion was made by Mayor Harvey and seconded by Commissioner Freeman granting approval of the appointment. 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. COUNTY ADMINISTRATOR Human Resources Director Sheila Barker and Mr. Roberts discussed with the Board approval of a merit program for employees under the Board of County Commissioners. Sally Ferland addressed the Board. Motion was made by Commissioner Reich and seconded by Mayor Harvey to adopt the merit program. Roll call vote was unanimous. ~ COMMISSIONERS' ITEMS Commissioner Williams discussed her item concerning a - 99/228 request to hold a Special Meeting concerning the privatizing of the Key West, Big pine Key and Marathon Animal Shelters. Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to hold a Special Meeting on June 16, 1999 at 6:30 P.M. at the Marathon Government Center to discuss the bids and a contract. Commissioner Williams excused herself from the meeting. Motion carried unanimously, with Commissioner Williams not present. Commissioner Williams returned to the meeting. COUNTY ADMINISTRATOR Mr. Roberts announced to the Board that the Florida Department of Environmental Protection, Division of Recreation and Parks will be conducting a public workshop to receive comments regarding and land uses for Indian Key State Park, Thursday, July 15, 1999, 7:00 P.M. at the Windley Key Fossil Reef State Geological site in the visitor Center, MM 85.5, Windley Key Islamorada. Mr. Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval for staff to work with the Financial Consultant and Bond Counsel to consider a development of an Industrial Revenue Bond to be of assistance to the expansion of the sewer system on Stock Island. Motion carried unanimously. Mr. Roberts addressed the Board concerning the selection of the voting delegate and alternate(s) authorized to pick up County's voting materials at the annual conference at the National Association of Counties. Motion was made by Commissioner Freeman and seconded by Commissioner Williams approving Commissioner Mary Kay Reich. Motion carried unanimously. COUNTY ATTORNEY Mr. Hendrick discussed the filing of a suit for declaratory judgment, to determine whether the City may lawfully condition the issuance of a building permit for the long-planned courthouse building upon an affirmative vote of the electors approving a height variance. Motion was made by Commissioner Reich and seconded by Commissioner Freeman authorizing the County Attorney to file the suit. Roll call vote was unanimous. - Mr. Hendrick addressed the Board and recommended that the Board withdraw agenda item U.12 concerning approval of the -- 99/229 First Amendment to Transition Agreement for Building Functions between Islamorada, the Village of Islands and Monroe County. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to withdraw the item. Roll call vote was unanimous. There being no further business to come before the Board, motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adjourn the meeting. Motion carried unanimously. Clerk to the Board of County Commissioners of Monroe county .Jho IL tL C.& )6~ Isabel C. DeSantis/ Deputy Clerk .-