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01/08/1991 Regular UU 0 0 3 Regular Meeting Board of County Commissioners Tuesday, January 8, 1991 Key Colony Beach - . A Regular Meeting of the Monroe County Board of County Commissioners convened at l:OO p.m. on the above date at the City Hall in Key Colony Beach. 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. ADDITIONS, CORRECTIONS AND DELETIONS Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve additions to the Agenda. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Jones and seconded by Commissioner cheal to approve travel for any County Commissioner to the Florida Innovation Group Seminar on January 18th in Orlando concerning resizing local govern- ment. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Jones to add appointments to the Health Council as Item E-3 on the Agenda. Motion carried unani- mously. Motion was made by Mayor Harvey and seconded by Commissioner Jones to delete Agenda Item E-l pertaining to Advanced Structures, Inc. Motion carried unanimously. SOUNDING BOARD Motion was made by Commissioner Cheal and seconded by Commissioner London to deny the request from the Marathon Lions Club for the waiver of permit fees for their fund- raising circus scheduled for February llth. Roll call vote was taken with the following results: - Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. UU 0 0 4 DIVISION OF GROWTH MANAGEMENT Consent Aqenda Boundary Interpretation Per Staff recommendation, motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the following Resolution, per Staff recommendation, confirming the Administrative Boundary interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 67, Lots 4 and 5, Block 2, Vaca Village, and Lot 2, Pearce's Subdivision. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes Yes Motion carried. RESOLUTION NO. 001-1991 See Res. Book No. 97 which is incorporated herein by reference. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed Wackenhut Correction Corporation's request for adjustment compensation in the amount of $780,000.00 for Fiscal Year 1991 Jail Operations. Mr. Brown advised the Board of receipt of a default letter from Wackenhut. County Attorney Randy Ludacer, Colonel McDonald of the Sheriff's Department, and Mark Willis, Contract Monitor, addressed the Board. Wayne Calabrese and George Zoley of Wackenhut Correction Corporation addressed the Board. Jose Gonzalez addressed the Board. (Numerous items and materials were presented to the County Attorney and to the Commission that were not presented for the record.) Eugene Lytton, Mark Willis, and Doug Fuller of Morrison-Knudsen addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to direct that recording meters or similar devices be installed at the Jail Facility to detect daily vs. weekend usage, to be used as a guide to determine the appropriate utilities to be charged to Wackenhut, authorizing any credits to be applied where necessary, and also authorizing the prepara- tion of an appropriate contract amendment. Roll call vote was unanimous. Motion was made by Commissioner Stormont to prepare an amendment to accommodate the transfer of seven Sheriff's Officers and the required replacements' training and funding. After discussion of the current billing pro- cess, the motion died for lack of a second. Motion was then made by Commissioner Stormont and seconded by Commissioner Jones to prepare an amendment to the Wackenhut contract to specifically cover transportation and standards and provide for negotiated costs per Judge Fowler's order as being materially different from the contract. During discussion, the motion was amended to include negotiations on the changed jail site in the Marathon area. Roll call vote was unanimous. Motion was made by Commissioner Stormont and ~ I UU 005 seconded by Commissioner Jones to negotiate a contract amendment to approve reimbursement of facilities' re-design costs for those improvements already accomplished for the reduction of the number of posts required and to reduce the future per diem rates to reflect the cost savings accomplished by these changes. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to request the Sheriff, Wackenhut and the County to present to the Board official disclosures in writing required by 3.2.4 of the contract with Wackenhut Corporation. Roll call vote was unanimous. The Board and the County Administrator discussed the effect of the receipt of the Notice of Default letter from Wackenhut. Mr. Zoley offered an amendment to that letter which would extend the period from January 22nd through January 29th with a minimum thirty-day notice and indicated that he would follow up this offer with a written letter. Motion was made by Mayor Harvey and seconded by Commissioner Jones directing the County Administrator, the Sheriff and the Contract Administrator to negotiate and cooperate with I Wackenhut Corporation to reduce the number of posts required in the Old Jail. Roll call vote was taken with the following results: '1 Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes Motion carried. Motion was made by Commissioner Jones and seconded by Mayor Harvey to approve Amendment #3 to the Management and Services Agreement for Detention Facilities with Wackenhut Correction Corporation. During discussion, the motion was withdrawn and this item was continued to the next meeting. The Board discussed a proposed Lease Agreement with Truman Annex Land Limited Partnership regarding a parking lot in Key West. Motion was made by Mayor Harvey and seconded by Commissioner Stormont authorizing the County Administrator to obtain appraisals and to negotiate and bring back a proposal to the Board. Attorney Nick Mulik addressed the Board. Roll call vote was unanimous. - The Board entered into a discussion regarding a memorandum from Commissioner Cheal concerning the following items for consideration at the upcoming Legislative Session: "1. Principles For Guidinq Development The existing Principles for Guiding Development should be strengthened as proposed to Representative Ron Saunders by the Task Force members, Dagney Johnson, Sven Linskold, George Kundtz and Earl Cheal in the May 1989 report. The strengthened principles would provide a sound basis for our comprehensive planning process." UU 0 0 6 Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the foregoing Item #l. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No No Motion carried. "2. Critical State Concern The legislature should continue the designation in Monroe County. Within 3 to 4 years we should be implementing a comprehensive plan which will show our ability as a county government to protect our environment and our economy. At that time the state should no longer need to designate Monroe County as an area of critical state concern." Motion was made by Commissioner Cheal to approve the above Item #2. Motion died for lack of a second. "3. Comprehensive Plan Because Monroe County is an Area of Critical State Concern and we must make over 600 corrections to the initial Plan, an extension to the planning deadline should be granted to avoid any monetary repercussions. Because of our State Critical Concern designation the state should afford us that time extension to ensure that our Plan will be of a high quality that will comply with the desires of the legislature for the comprehensive planning process." Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve the fore- going Item #3. Roll call vote was unanimous. "4. State Funds for State Owned Lands Due to the fact that Monroe County has a high percentage of non-taxable lands and the fact that Monroe County is an Area of Critical State Concern increased state funding should be provided to compensate for lost ad valorem taxes on property owned by the State of Florida in Monroe County." Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the above Item #4 and to add also to request Staff to develop a proposal linked to the method of federal in lieu of taxes. Eugene Lytton addressed the Board. Roll call vote was unanimous. "5. School Fundinq This year the legislative delegation was successful in attaining a 90% cap on local funding for schools. The dele- gation should try for an 85% cap next year." ---, I Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the foregoing Item #5. Roll call vote was unani- mous. "6. Marine Environment Studies Additional state funds are needed to provide for marine environmental studies especially in canals and near-shore UU 0 0 7 waters. Such studies are needed to determine the most cost effective means of improving canal water quality and to determine ways to clean up near-shore water problems.1I - Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the above Item #6. Roll call vote was unani- mous. "7. Enqlish Lanquaqe By refe~endum the people in the State of Florida voted to make English the official language of the state. The legislature was mandated to implement that law, however, to this date there has been no implementation. The legislative delegation should take action to require all government business be conducted only in English. There is no doubt that there would be considerable savings by having all government business conducted only in English." Motion was made by Commissioner Cheal to approve the foregoing Item #7. Motion died for lack of a second. "8. Container Deposits Monroe County has a significant solid waste problem which can be assisted by a container deposit legislation. Such legislation should be imposed on all containers and not just beverage containers. The solid waste stream cannot tell. the difference between a beverage container and a catsup con- tainer." Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve the foregoing Item #8 and also to include language "and permit local ability to enact packaging laws and also to support the proposal of the South Florida Regional Planning Council in this area". Roll call vote was unanimous. "9. Scenic Hiqhway The state legislature should be requested to designate the Overseas Highway as a Scenic Highway. Other highways in the state have been so designated, thereby making them eligible for additional funding support." Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the foregoing Item #9. During discusson, motion was made by Mayor Harvey and seconded by Commissioner Jones to study this matter. Roll call vote on the motion to amend was taken with the following results: -- Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes No No Yes Motion to amend failed. Roll call vote on the original motion was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No UU 0 0 8 Motion carried. "10. Tourist Taxes The state legislature should change the enabling legislation on tourist development tax to vest more power in local governments to utilize the tourist tax to support tourism as deemed appropriate at the local level." Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the foregoing Item #10. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No No Yes No Motion failed. "11. Hiqhway Corridor Authority Legislation is needed to create a Highway Corridor Authority consisting of citizens, to serve without pay, to review the plans and budgets of each state agency which has dealings within the state right-of-ways in the county. Such an authority could make direct imput to the cabinet and the legislature on right-of-way and bridge problems which cannot be resolved. Presently the FDOT does not adequately take responsibility or action to keep the highway right-of-ways and bridges cleared of trash and debris. FOOT provides few trash containers and have few designated parking areas. FDOT representatives have stated they have turned the old bridges over to DNR, however, DNR has taken no action to provide for restrooms, trash removal, parking, etc.... Even the designated parking areas do not offer restrooms and there are few trash containers. The Florida Highway Patrol does little to enforce litter laws, parking/camping restric- tions, and the signs on the old bridges which indicate they are unsafe and should not be entered. Litter on the highway and bridges is more significant than just the visual aspect. Fishline and trash is detrimental to both birds and marine life. Human feces are a health hazard." Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve foregoing Item #11. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Mayor Harvey to request statewide legislation mandating deposits on dry cell batteries and hazardous material con- tainers. Roll call vote was unanimous. Jose Gonzalez and Karen Chinn of Carter Goble addressed the Board. After lengthy discussion, Staff was directed to revise and renegotiate the proposed contract with Carter Goble/HLM/Gonzalez Architects for the Comprehensive Facilities Planning Study in accordance with the Commission's comments concerning the proposed contract. ~ COMMISSIONERS' ITEMS Commissioner London discussed the Marathon Regional Government Center Occupancy Scenario II. Bill Smith of the Contractors Association addressed the Board. Motion was UU 009 made by Commissioner London and seconded by Commissioner Stormont to rescind the Board's previous action on December 5th approving Scenario II of the Marathon Regional Government Center Occupancy. Roll call vote was taken with the following results: - Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No Motion carried. Motion was made by Commissioner London and seconded by Commissioner Stormont to direct that the Marathon Regional Government Center will house the main office of a consolidated Lower and Middle Keys Planning and Building Department; the Middle Keys offices of the Property Appraiser, County Commission, Code Enforcement; and a meeting hall which can be converted to an Emergency Operations Center. Motion was made by Commissioner Jones to amend the motion to locate the Upper Keys Planning and Building Department in the Marathon Regional Center. Motion died for lack of a second. Roll call vote on the original motion was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes Yes No - Motion carried. Motion was made by Mayor Harvey and seconded by Commissioner Jones to make the Marathon Regional Government Center a hurricane shelter for the people. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Stormont to direct the County Administrator to compile a listing and to present a report to the Board regarding the acquisition of suitable office facilities in the Marathon and Plantation Key areas for County and State agencies currently occupying rental property. Roll call vote was unanimous. The Board discussed appointments to the Health Council. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve the appointments of Robert Walker, Robert Gendreau, Michael Puto, and Elaine Gorman. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * * - uu oo~ Regular Meeting/Comprehensive Pla Board of County Commissioners Tuesday, January 8, 1991 Key Colony Beach ..--- A Regular Meeting of the Monroe County Board of County Commissioners convened at lO:30 a.m. on the above date at the City Hall in Key Colony Beach. 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. Bob Herman, Director of the Growth Management Division, discussed his December 20th meeting with the Department of Community Affairs and time requirements for I submission of the Comprehensive Plan. ..... Bob Herman and Mark Rosch addressed the Board con- cerning the proposed Adoption Hearing for the Plan. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to approve one Adoption Hearing for the Comprehensive Plan on February 4, 1991 at 5:00 p.m. at Key Colony Beach City Hall, and to also approve the Calendar submitted by the Planning Department. Roll call vote was unanimous. The Board discussed the Calendar. After discussion of the public input process, motion was made by Commissioner Jones and seconded by Commissioner Cheal to call a Public Input Hearing for January 29th at the Lions Club in Key West from lO:OO a.m. to l2:00 Noon. Roll call vote was unani- mous. Mark Rosch addressed the Board concerning the Board's direction to seek Requests For Qualifications for Comprehensive Planning Services. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to approve Option A which provides that Consultants will report directly to the Board of County Commissioners and that Staff will be available to assist the Consultants at the direction of the Board. Roll call vote was unanimous. ~ Motion was made by Commissioner Jones and seconded by Commissioner Stormont authorizing the issuance of a Request For Qualifications for firms interested in per- forming part or all of the task necessary to bring the Plan into compliance with State and Local requirements. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes Yes Yes . ~, , uu 002 Motion carried. Tom Brown, County Administrator, discussed the use of a screening committee. No official action was taken. Commissioner Cheal discussed the need for addi- tional copies of the ORC Report. Motion was made by Commissioner Cheal and seconded by Commissioner Jones authorizing six copies of the ORC Report to be provided upon the request of any Commissioner, plus an additional copy of the ORC Report to be placed in each Library. Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey Yes Yes No No No Motion failed. Motion was then made by Commissioner Stormont and seconded by Mayor Harvey to authorize placement of two additional copies of the ORC Report in each Library. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * * ~