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04/24/1992 RegularXX 184 Regular Meeting Board of County Commissioners Friday, April 24, 1992 Key West CONTINUATION OF MEETING OF WEDNESDAY, APRIL 22, 1992 A continuation of the April 22nd Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 a.m. on the above date at Old City Hall in Key West. 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 the Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Cheal and seconded by Commissioner Jones to approve additions, deletions and corrections to the Agenda. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Harvey discussed a request to operate a pro shop at the tennis courts at Higgs Beach. Michael Nelson addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner London to authorize the issuance of RFP's for the operation of a Pro Shop at the Tennis Courts on Higgs Beach. Roll call vote was unanimous. PRESENTATION OF AWARDS Recognition and an award was made to the following Division Employee for the year 1991: Gerald McLean Environmental Management COMMISSIONERS' ITEMS County Attorney Randy Ludacer addressed the Board concerning the Shark Key case. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to confirm the Board's decision to have Mr. Apgar represent the County in the case of Shark Key vs. Monroe County and the Department of Community Affairs. During discussion, the motion was withdrawn. After further discussion, motion was made by Commissioner Stormont and seconded by Commissioner Cheal that the Board authorizes Mr. Apgar to represent the County in the case of Shark Key vs. Monroe County and DCA, with duties to include vacating of the settlement agreement 185 if and as necessary. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. DIVISION OF PUBLIC WORKS Motion was made by Commissioner Stormont and seconded by Commissioner Jones to postpone discussin, con- sideration and selection of implementation strategy for improvements to the Card Sound Toll Facility. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London No Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Director of Engineering David Koppel addressed the Board regarding the Recreational Interlocal Agreement with The School Board. Motion was made by Commissioner London and seconded by Commissioner Jones to enter into an Interlocal Agreement with The School Board for development of Sugarloaf Shores School's recreational facilities. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried. After further discussion, motion was made by Mayor Harvey and seconded by Commissioner Jones to con- tinue negotiation with The School Board on other recreational issues based on joint expenditures. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Division Director Peter Horton addressed the Board regarding management of mangroves and other vegetation at the Key West International Airport. No action was taken. MUNICIPAL SERVICE DISTRICT Director Barry Boldissar addressed the Board regarding a proposed Agreement between the County and Clean Florida Keys, Inc. regarding the prevention of litter. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone to the next meeting. Roll call vote was taken with the following results: XX 186 Commissioner Cheal Yes Commissioner Jones Yes Commissioner London No Commissioner Stormont Yes Mayor Harvey Yes Motion carried. Mr. Boldissar discussed the Court Ruling recom- mending that the Board waive disposal fees in the recent Juvenile Division Case No. 91-10-450-DL-11. Mr. Boldissar recommended that the Board not waive disposal fees. Motion was made by Commissioner Stormont and seconded by Commissioner London to accept the recommendation of Staff to not waive disposal fees. Motion carried unanimously. DIVISION OF PUBLIC SAFETY Motion was made by Commissioner Cheal and seconded by Mayor Harvey to postpone discussion concerning the purchase of two Chevrolet vans to be used by Tavernier and Key Largo Fire Chiefs or their designees. Motion carried unanimously with Commissioner Jones not present. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve in concept only various TDC policies to be placed in their Operations _. Manual. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Cheal to postpone for the County Attorney's opinion. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve and authorize exe- cution of Addendum to Agreement with USA 800, Inc. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Not present Commissioner Stormont No Mayor Harvey Yes Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner London to grant approval to adverise a proposed Ordinance to provide that advance registrations for trade shows for Fiscal Year 1993 be paid from TDC funds in Fiscal Year 1992. Roll call vote was una- nimous. TDC Chairman Mickey Feiner addressed the Board con- cerning the request of an amount not to exceed $144.13 for reimbursement to Keys Advertising & Marketing, Inc. for postage costs to mail 497 invitations to the Grand Opening of the TDC Administrative Office on April 8, 1992. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner London to deny based on TDC policy not to approve after -the -fact expenditures. Roll call vote was taken with the following results: .187 Commissioner Cheal Yes Commissioner Jones Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. Motion was then made by Mayor Harvey to make payment from the Board's $5,000 Promotional Account. Motion died for lack of a second. COUNTY ATTORNRv County Attorney Randy Ludacer discussed the Spisiak case which is on appeal; a decision in the Florida Low Income Housing Project; and his opinion that the Marathon Airport architects could not be held liable for potential damages. Motion was made Commissioner Cheal and seconded by Commissioner Jones to postpone discussion concerning old US-1 bridges. Roll call vote was unanimous. Jose Gonzalez addressed the board. Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandon- ment of a portion of County Road C-931, Boot Key, Monroe County. Roll call vote was unanimous. RESOLUTION NO. 240-1992 See Res. Book No. 107 which is incorporated herein by reference. The Board recessed for lunch. The Board reconvened with all Commissioners pre- sent except Commissioner Jones. COUNTY ADMINISTRATOR County Administrator Tom Brown discussed the April 23rd letter from Judson Freeman of Squire, Sanders & Dempsey concerning the issuance of the $3,000,000 Industrial Development Refunding Revenue Bonds, Series 1992, for the Plantation Key Convalescent Center, Inc. project. County Attorney Randy Ludacer read the provisions of F.S. 159.29. George Mueller addressed the Board. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve Resolution Alternate #1 Revised Final Draft dated April 23, 1992. During discussion, the motion was withdrawn. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to continue to May 5th at a Special Meeting called for 10:00 a.m. at the Chapel in Key West. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner London No Commissioner Stormont Yes Mayor Harvey Yes ,Motion carried with Commissioner Jones not present. { 188 COUNTY ATTORNEY Motion was made by Commissioner Cheal and seconded by Commissioner London to adopt the following Resolution accepting and adopting the Findings of Fact, Conclusions of Law and Recommended Order concerning the vested rights hearing of Lynn Kephart and Mark Bartecki (Spoonbill Sound). Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner London Yes Commissioner Stormont No Mayor Harvey Yes Motion carried with Commissioner Jones not present. RESOLUTION NO. 241-1992 See Res. Book No. 107 which is incorporated herein by reference. County Attorney Ludacer discussed the Ocean Pointe Commons case. Motion was made by Commissioner London and seconded by Mayor Harvey to adopt the following Resolution authorizing the utilization of the design build contract provision of Section 287.055(10), Florida Statutes, and establishing certain minimum procedures for: the solicita- tion of design build bids, evaluation of design build bids, the award of design build contracts, and for the selection of a design build firm if needed during a public emergency. Roll call vote was unanimous with Commissioner Jones not present. RESOLUTION NO. 241A-1992 See Res. Book No. 107 which is incorporated herein by reference. COMMISSIONERS' ITEMS Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to grant approval for Staff members of the Growth Management Division (Building and Planning) to participate in the Big Pine Key School Citing Mediation Program with the stipulations that Staff is being made available for presentation of Land Use Regulation and Comprehensive Plan information involving any discussed site; but that notice be given by Growth Management Staff as part of their presentations that contemplated Comprehensive Plan and Land Use Regulations are being changed and that the material presented in no way binds Staff to decisions made as part of their presentations; and that Staff shall have no authority to enter into any binding commitments on behalf of the Board of County Commissioners. Roll call vote was una- nimous with Commissioner Jones not present. Motion was made by Mayor Harvey and seconded by Commissioner London to approve J. L. 0 Cathey's request to name an unnamed island in the Tavernier Creek Channel "Kalteux Key". Roll call vote was taken with the following results: Commissioner Cheal No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes XX 189 Motion carried with Commissioner Jones not present. Motion was made by Mayor Harvey and seconded by Commissioner Stormont to approve the donation of $100.00 to the Children's Shelter at Plantation Key in memory of William Sadowski in lieu of flowers, such donation to be funded from the Board's Promotional Account. Motion carried unanimously with Commissioner Jones not present. Motion was made by Commissioner London and seconded by Commissioner Stormont to appoint Commissioner Jones as the alternate Board of County Commissioners' representative on the Lower East Coast Regional Water Supply Advisory Committee (SFWMD). Roll call vote was taken with the following results: Commissioner Cheal No Commissioner London Yes Commissioner Stormont Yes Mayor Harvey Yes Motion carried with Commissioner Jones not present. Motion was then made by Commissioner Cheal and seconded by Mayor Harvey to appoint Holly Larsen as the second alternate. Motion carried unanimously with Commissioner Jones not pre- sent. The Board discussed a meeting with the Judiciary to talk about space needs. The Board discussed the Comprehensive Plan Transmittal Hearing process. Motion was made by Commissioner Cheal and seconded by Mayor Harvey to conduct Special Meetings on May 15th, May 18th and May 19th, beginning at 9:00 a.m. at Key Colony Beach City Hall for the purpose of discussing the Comprehensive Plan to be transmitted to DCA. Roll call vote was unanimous with Commissioner Jones not present. Motion was made by Mayor Harvey and seconded by Commissioner Stormont to reschedule the Regular Board Meetings scheduled for June 2nd and June 3rd to June 9th and June loth. Motion carried unanimously. COUNTY ADMINISTRATOR Community Services Division Director Peter Horton discussed the renovations that are to take place at the Key West Library asnd the use of Harris School as a temporary facility during the construction/renovation. Mr. Horton indicated that he was proceeding with negotiations with The School Board for the use of that facility. County Administrator Tom Brown discussed the recom- mendations of the Portable Stage Committee. Motion was made by Commissioner London and seconded by Commissioner Cheal to postpone. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner London Yes Commissioner Stormont Yes Mayor Harvey No Motion carried. '19 0 The County Administrator advised the Board of notice from the Federal Government that the County's lease for space in the Federal Building for the Emergency Operations Center has been revoked. There being no further action, the meeting was adjourned.