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03/14/1991 Regular UU 1 27 Board of County Commissioners Thursday, March 14, 1991 Key Colony Beach CONTINUATION OF Regular Meeting Of Wednesday, March 13, 1991 The Monroe County Board of County Commissioners convened on the above date at the City Hall in Key Colony Beach to conduct the continuation of the Regular Meeting of Wednesday, March 13, 1991. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Absent from the meeting was Commissioner Douglas Jones. Also present were Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Torn Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. COUNTY ATTORNEY Randy Ludacer, County Attorney, addressed the Board regarding the case of Seanic Corporation v. Monroe County and advised the Board that it was the recommendation of his office not to appeal the case. After a lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner London to direct the County Attorney to appeal this case and request DCA to join in as a party and request their aid on this matter and, if necessary, to bring in out- side counsel to defend this case. Roll call vote was taken with the following results: Commissioner Cheal Commissioner London Commissioner Stormont Mayor Harvey No Yes Yes No Motion failed. After further discussion, motion was made by Mayor Harvey and seconded by Commissioner Stormont to direct the County Attorney to appeal this case and invite DCA to join in as a party. Roll call vote was unanimous. Motion was then made by Commissioner London and seconded by Commissioner Stormont to hire the law firm of Morgan & Hendrick of Key West to assist the County Attorney in the appeal process of this particular case. Roll call vote was taken with the following results: -- Commissioner Cheal Commissioner London Commissioner Stormont Mayor Harvey Yes Yes Yes No Motion carried. UU'128 COMMISSIONERS' ITEMS Motion was made by Commissioner Cheal and seconded by Commissioner London to adopt the following Resolution requesting the FAA to establish a lower level of security at Monroe County Airports. Roll call vote was unanimous. RESOLUTION NO. 078-1991 See Res. Book No. 98 which is incorporated herein by reference. COUNTY ATTORNEY The County Attorney then gave a report on the current status of the Jail suit and discussed a proposed Consent Agreement. The County Administrator presented a letter from Morrison/Knudsen regarding the problems incurred by the delay of the building of the New Jail. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to direct the County Attorney and the County Administrator to draft a letter (for the Mayor's signature) to the City Commission explaining the gravity of the situation and the implications that we face and ask them for a decision on the Site Plan before April lst or the County will ask the Federal Judge to enjoin them in the lawsuit. During discussion, the motion was withdrawn. Motion was then made by Mayor Harvey and seconded by Commissioner Cheal to direct the County Attorney to proceed to file a Motion to have the City of Key West joined as a party defendant in the case of McIntyre, et al vs. Freeman, et ale Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner London advised the Board that Fred Salinero had declined the Board's appointment to the Contractors Licensing Board. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to then appoint Michael Padron, Jr. to the Contractors Licensing Board. Motion carried unanimously. COUNTY ATTORNEY County Attorney Randy Ludacer advised the Board that he was looking into the situation with the Airplane Hangar Lease to Arthur Lujan and would report back at the next meeting. Mr. Ludacer reported to the Board that he had been contacted by David Paul Horan, who had advised that he was instituting a lawsuit in connection with the cutting of mangroves at the Key West International Airport. After discussion, motion was made by Mayor Harvey and seconded by Commissioner London to allow the County Attorney to progress in the Horan lawsuit. Roll call vote was unanimous. The County Attorney reported briefly on the Holiday Isle cases before the Circuit Court and advised that he hoped to have a full report for the next meeting. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to grant permission to adver- tise for Public Hearing a proposed Ordinance creating Sec. 6.3-12, Monroe County Code, in order to provide that the UU 1 2 9 passage of time shall not operate as a bar to prosecutions before the Code Enforcement Board; providing for severabili- ty; providing for incorporation into the Monroe County Code of Ordinances; providing for the repeal of all Ordinances inconsistent herewith; and providing an effective date. Roll call vote was unanimous. The County Attorney reported on the current status of the litigation regarding Lytton's Way on Big Pine Key. After lengthy discussion, motion was made by Commissioner Cheal and seconded by Commissioner London to direct the County Attorney to take steps for Public Hearing to abandon Lytton's Way on Big Pine Key and to also direct the County Attorney to terminate the lawsuit. Roll call vote was una- nimous. COUNTY ADMINISTRATOR Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to add to the Agenda con- sideration of an Agreement with Environmental Sciences Corporation for Removal and Disposal of Septage, Sludge and Leachate Generated in Monroe County. Motion carried unani- mously. Charles Aguero, MSD Director, addressed the Board and advised them that the County Attorney's Office wanted the following two amendments: Add to Paragraph 4.1 a sentence reading "This paragraph shall survive the term- ination of this Agreement." Add a new Paragraph S.13 reading "The Contractor warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee." Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the Agreement with Environmental Sciences Corporation with the addition of the foregoing two additions and to authorize the Mayor to exe- cute the Agreement, contingent upon the County Attorney's approval. Roll call vote was unanimous. Mr. Aguero and County Administrator Tom Brown advised the Board that they would be requesting the Board's direction at the next meeting regarding the Key Largo Landfill. Mr. Brown advised the Board that he was conducting interviews for the position of Director of Environmental Management. Motion was made by Commissioner London and seconded by Commissioner Cheal to grant authority to the UU 1 3 0 County Administrator to pay for air transportation, one night's lodging and per diem at the State maximum for each of three people to corne to Monroe County for interviews. Motion carried unanimously. The County Administrator advised that the Cody Report and new pay scale is based on forty hours per week and that a forty-hour work week for County employees would have an implementation date of May lst. Mayor Harvey announced that there would be a Special Meeting of the Board on April lOth at 1:00 p.m. at the Stock Island Chapel for the purpose of signing the papers with the Underwriters. Mr. Brown advised the Board that the Key West City Manager had requested that Mr. Brown meet with him con- cerning the Jail issues. The County Administrator announced that a Special Meeting of the Jail Oversight Committee would be held at 9:00 a.m. on Monday, March 18th, in the Grand Jury Room at the Key West Courthouse Annex. Motion was made by Commissioner London and seconded by Mayor Harvey to approve the Fourth Annual St. Jude's Bikeathon to be held on March 23rd on Big Pine Key. Motion carried unanimously. Mr. Brown advised that National County Government Week was the week of April 7th through April 13th. The County Administrator addressed the Board regarding DCA's invitation for the County to become the local coordinating unit for the Anti-Drug Abuse Act Formula Grant Programs. After discussion, motion was made by Mayor Harvey and seconded by Commissioner London that the Board will respond to DCA's request and function as the co- ordinator for administration of the Anti-Drug Abuse Act Formula Grant Programs. Motion carried unanimously. Motion was made by Mayor Harvey and seconded by Commissioner Cheal to accept Staff's recommendation to approve and authorize execution of a Contract with the General Services Administration for office space in the Federal Building on Simonton Street in Key West for the Emergency Management Department, at a cost of $1,S92.22 per month. Motion carried unanimously. The Board discussed the shore protection project in Key West at Smathers Beach. The County Administrator was directed to get a commitment from the Tourist Development Council for funding this project and to bring back a report at the next meeting. Mr. Brown advised of an expression of interest by Montenay Corporation to receive 1,000-I,SOO tons per month of the County's Municipal Solid Waste. Motion was made by Commissioner London and seconded by Commissioner Stormont directing the County Administrator to proceed in this matter. Motion carried unanimously. MISCELLANEOUS - LEASE/PURCHASE OF VEHICLES Motion was made by Commissioner London and seconded by Mayor Harvey to approve and authorize execution of a three-year Vehicle Lease Agreement with Duncan Ford for the UU 1 3 1 Division Director of the Management Services Division at a total cost of $10,2S8.32. Roll call vote was unanimous. The County Administrator addressed the Board regarding the request to approve and authorize execution of a three-year Vehicle Lease Agreement with Duncan Ford for the Training Department at a total cost of $10,676.64. Motion was made by Commissioner London and seconded by Mayor Harvey to postpone this matter until the next meeting. Roll call vote was taken with the following results: Commissioner Cheal Commissioner London Commissioner Stormont Mayor Harvey No Yes No Yes Motion failed. Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont to approve execution of the Lease Agreement. Roll call vote was taken with the following results: Commissioner Cheal Commissioner London Commissioner Stormont Mayor Harvey Yes No Yes No Motion failed. Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve the following purchases: Growth Management Division - one 1991 Ford Tempo from Duncan Ford in the amount of $9,278.00 Public Works Division - one 1991 Ford Pickup Truck from Duncan Ford in the amount of $10,826.00 Public Safety Division - one 1991 Aerostar Van from Duncan Ford in the amount of $11,6S9.00 Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to consider a Budget Amendment to the Fine and Forfeiture Fund #101 for Fiscal Year 1991. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to adopt the following Resolution adopting an Amended Budget for the Fine and Forfeiture Fund #101. Roll call vote was taken with the following results: - Commissioner Cheal Commissioner London Commissioner Stormont Mayor Harvey Yes Yes No Yes Motion carried. RESOLUTION NO. 079-1991 See Res. Book No. 98 which is incorporated herein by reference. UU 1 3 2 DIVISION OF GROWTH MANAGEMENT Division Director Bob Herman addressed the Board regarding the negotiations with Wallace Roberts & Todd for the Comprehensive Plan. He announced that the County's negotiating team would consist of himself, Director of Planning Lorenzo Aghemo, Comp Plan Team Leader Mark Rosch, a member of the County Attorney's Office, and Management Services Division Director George Harper. Motion was made by Commissioner Stormont and seconded by Commissioner London to direct the Growth Management Division, for contract pur- poses with the consultant, to utilize the adopted Preliminary Comprehensive Plan Policy Direction Document. Bob Herman and Tom Brown addressed the Board. Motion was withdrawn. After further discussion, Staff was directed to refine the Policy Direction Documentin view of the public input given earlier today and the County Administrator was directed to put this on the Agenda for the next meeting. COMMISSIONERS' ITEMS Motion was made by Commissioner Cheal that the first priority for the funding of Brian LaPointe's pro- ject should be the Water Quality Demonstration Project on the 109th Street Canal System in Marathon Shores. Motion died for lack of a second. There being no further business, the meeting was adjourned. * * * * *