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09/17/1991 Regular WW 025 Regular Meeting Board of County Commissioners Tuesday, September l7, 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 Jack London, and Mayor Wilhelmina Harvey. Commissioner Douglas Jones arrived later in the meeting. Absent from the meeting was Commissioner John Stormont. Also present were Rosalie Connolly and Nancy Cohen, Deputy Clerks; 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, DELETIONS Motion was made by Commmissioner Cheal and seconded by Commissioner London to approve additions, deletions and corrections to the Agenda. Motion carried unanimously with Commissioner Jones not present. SOUNDING BOARD Rosalie Connolly, Deputy Clerk, read into the record a letter from Wallace J. Finz, President, of U. S. Hovercraft Inc., concerning the proposed creation of a Joint Seaport Authority for the City of Key West and Monroe County. The County Administrator was directed to meet with Mr. Finz and report back to the Board. COMMISSIONERS' ITEMS Motion was made by Commissioner Cheal and seconded by Commissioner London to continue reconsideration of the most qualified firm for Phase I of Jackson Square/Truman School renovations to the next Regular Meeting in October when a full Board could be present. Motion carried unani- mously with Commissioner Jones not present. Mayor Harvey presented an Honorary Conch Certificate to Marilyn Tarnowski, reporter for The Key West Citizen. Motion was made by Commissioner Cheal and seconded by Commissioner London to approve the request of the Tourist Development Council to reject the bid submission from Mediaplex Computer Systems concerning computer hardware and software needs with regard to the networked telemarketing system proposed by the Tourist Development Council with the five Keys' Chambers of Commerce. Motion carried unanimously with Commissioner Jones not present. ww 026 Motion was made by Commissioner Cheal and seconded by Commissioner London to grant permission to the Tourist Development Council to re-advertise a Request For Bids on TIS Computer Equipment and Related Programs. Motion carried unanimously with Commissioner Jones not present. Motion was made by Commissioner London and seconded by Commissioner Cheal to waive Monroe County Procurement Policies and Procedures as pertaining to District Telemarketing contracts with the Greater Key West Chamber of Commerce, Lower Keys Chamber of Commerce, Greater Marathon Chamber of Commerce, Islamorada Chamber of Commerce, and Key Largo Chamber of Commerce. Motion carried unanimously with Commissioner Jones not present. Motion was made by Commissioner London and seconded by Commissioner Cheal to waive Monroe County Procurement Policies and Procedures as pertaining to Tourist Information Service contracts with the Greater Key West Chamber of Commerce, Lower Keys Chamber of Commerce, Greater Marathon Chamber of Commerce, Islamorada Chamber of Commerce, and Key Largo Chambr of Commerce. Motion carried unanimously with Commissioner Jones not present. Motion was made by Commissioner London and seconded by Commissioner Cheal to authorize execution of a contract with the Key West Business Guild for the Masked Madness & Headdress Ball on October 22, 1991, in the amount of $4,000.00, DAC I, FY '91, Third Penny, Special Events. Motion carried unanimously with Commissioner Jones not pre- sent. Motion was made by Commissioner London and seconded by Mayor Harvey to authorize execution of a contract with The Redbone, Inc. for The Redbone Weekend on November 8 - lO, 1991, in the amount of $40,000.00, DAC IV, Third Penny, FY '92. Roll call vote was taken with the following results: Commissioner Cheal Commissioner London Mayor Harvey No Yes Yes Motion carried with Commissioner Jones not present. Commissioner Cheal directed that the record note that he cast a "No" vote because FY '92 Budget had not yet been approved. COMMISSIONER JONES ENTERED MEETING AND TOOK HIS SEAT DIVISION OF COMMUNITY SERVICES A presentation was made by Greiner, Inc., General Airport Consultants, concerning Passenger Facilities Charges for Monroe County Airports. After discussion, the Board directed Staff to prepare and bring back to the Board with their recommendations a preliminary package regarding costs of preparation of applications and more in-depth information regarding usages allowed for Passenger Facilities Charges. A presentation and status report was made by RS & H on the design phase of the Marathon Terminal Project. During discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to instruct the Consultant, along with Emergency Management personnel and Staff, to WW 027 - review and come back to the Board with a proposal to incor- porate an emergency generator within the design of the structure. Roll call vote was unanimous. After further discussion, motion was made by Commissioner Cheal to direct the Consultant to come back with a cost comparison between the current roof design and a re-designed simpler roof. Motion died for lack of a second. The Consultant and the Board then reviewed the actual Terminal architectural plans, and later directed that the architect is to meet with Commissioner Cheal regarding the roof system. Jerry Parrish of the Veterans Council of Monroe County addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Jones to appoint Harry Sawyer, Sr. to serve as the handicapped barrier represen- tative to the Board of County Commissioners. County Attorney Randy Ludacer addressed the Board. Motion was withdrawn. Motion was then made by Commissioner Cheal and seconded by Commissioner Jones to request the County Attorney to work with the Veterans Council and the Sheriff's Department to accomplish the same intent. During discussion, motion was withdrawn. After further discussion, motion was made by Commissioner London and seconded by Commissioner Cheal to approve the appointment of Harry Sawyer, Sr. to serve as the handicapped barrier represen- tative to the Board of County Commissioners, subject to the County Attorney conferring with the necessary parties to resolve any problems regarding this issue. Roll call vote was unanimous. - Division Director Peter Horton advised the Board that he had been requested by the parties involved to withdraw the Agenda item regarding transfer or subordination of lien in Code Enforcement Board Case iUl-9l-l008, Francisco P. and Georgina Cabrera. PUBLIC HEARINGS A Public Hearing was held concerning the proposed abandonment of a portion of Old State Road 4-A, Key Vaca, Monroe County, Florida. Proof of publication was entered into the record. There was no public input. John Cole of the Department of General Services of the State of Florida addressed the Board. Motion was made by Commissioner Jones and seconded by Mayor Harvey to adopt the following Resolution renouncing and disclaiming any right of the County and the public in and to a portion of Old State Road 4-A, Key Vaca, Monroe County, Florida. Roll call vote was unanimous. RESOLUTION NO. 298-l99l See Res. Book No. 101 which is incorporated herein by reference. 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 forever barred; providing for an exception for occurrences which threaten human life; pro- viding 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 Monore County Code of Ordinances; providing for the repeal of all Ordinances inconsistent WW 028 herewith; and providing an effective date. Proof of publi- cation was entered into the record. Motion was made by Commissioner Jones and seconded by Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. The following persons addressed the Board: George Kundtz of the Florida Keys Citizens Coalition, Vern Pokorski of the Big Pine Key Civic Association, and Al Griffin of the Sugarloaf Shores Property Owners Association. Reverend Bob Smith, Vice-Chairman of the Code Enforcement Board, also addressed the Board. After extended discussion with County Attorney Randy Ludacer and Division Director Peter Horton, motion was made by Commissioner London and seconded by Mayor Harvey to continue this item to the October 8th Regular Meeting of the Board of County Commissioners at 3:00 p.m. Motion carried unani- mously. A Public Hearing was held on a proposed Ordinance amending Sec. 8-72(uu), Monroe County Code, Definitiion Of Solid Waste, in order to provide that: bulk waste shall also include horticultural trash - oversize; horticultural trash shall include yard type waste which does not exceeed six feet and six inches in diameter; construction,waste shall also include wood framing, plumbing fixtures, electri- cal switches and wiring; extraordinary waste shall include debris resulting from land clearing not horticultural trash; amending Section 8-72(ddd), Monroe County Code, in order to provide that white goods shall also include household goods and appliances similar to refrigerators, ranges, washers, water heaters and dishwashers; providing for severability; providing 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 Cheal 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. The Board directed that the Ordinance be corrected so that Subparagraph a) of Paragraph (l) of Section 1 will now read as follows: a) Bulk waste shall mean any waste that requires addititional management due to its weight and shall include but not be limited to furniture, bicycles, and oversize horticultural trash. and Subparagraph c) of Paragraph (1) of Section 1 will now read as follows: c) Horticultural trash shall mean an accumulation of lawn, grass or shrubbery cuttings, leaf clippings and dry leaf rakings, palm fronds, small tree branches, bushes or shrubs, green leaf cuttings or other matter usually created as refuse in the care of lawns and yards not exceeding six (6) feet in length and six (6) inches in diameter. MSD Division Director Barry Boldissar addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to adopt the following Ordinance, as corrected above. Roll call vote was unanimous. ORDINANCE NO. 022-l99l See Ord. Book No. 26 which is incorporated herein by reference. ww 029 - A Public Hearing was held on a proposed Ordinance providing for the amendment of Section 6-90(b), to authorize the County Attorney to institute civil actions seeking mone- tary declaratory and injunctive relief against violators of cease and desist orders; 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 Cheal 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 Jones and seconded by Commissioner Cheal to adopt the following Ordinance. ORDINANCE NO. 023-1991 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 District funds shall, after one year, revert to the County's General Fund; providing for severabi- lity; providing 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 London and seconded by Mayor Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. There was no public input. After discussion, motion was made by Commissioner Cheal and seconded by Commissioner Jones to continue this Public Hearing to the October 8th Regular Meeting of the Board of County Commissioners at 3:05 p.m. Motion carried unani- mously. COMMISSIONERS' ITEMS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to add to the Agenda as Item E-9 the subject of Methodology of the Master Recycler Program. County Administrator Tom Brown addressed the Board and reported on a meeting held earlier today with Mr. Bob Ernst, Commissioner London, and MSD Staff. The Board then discussed the Staff's recommendations regarding possible incentives to the public for their participation in this Program. MSD Division Director Barry Boldissar addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Jones to direct Staff to implement the Master and Junior Recycler Program and the Board resolved to encumber $425,000.00 to provide incentives to the public for their participation by giving rebates on their garbage bills in the amount of $100.00 for the Master Recycler Program and $50.00 for the Junior Recycler Program. Roll call vote was unanimous. Motion was then made by . Commissioner London and seconded by Commissioner Jones to direct Staff to proceed immediately with a mail-out program for the prospective participants and that the window be opened for the first 5,000 participants until January 1, 1992. Roll call vote was unanimous. ww 030 PUBLIC HEARINGS A Public Hearing was held to consider a Budget Amendment to the Translator Fund #712 for Fiscal Year 1991. Proof of publication was entered into the record. There was no public input. After discussion, motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution for a Budget Amendment to Translator Fund 1712 which is required to correct the Fund Balance which was brought forward into Fiscal Year 1991. Roll call vote was unanimous. RESOLUTION NO. 299-l99l See Res. Book No. 10l which is incorporated herein by reference. There being no further business, the meeting was adjourned. * * * * *