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04/18/1996 Regular 96/129 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, April 18, 1996 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9 a.m., on the above date, at the Holiday Inn Beachside. Present and answering to roll call were commissioners Keith Douglass, Wilhelmina Harvey, Mary Kay Reich and Mayor Shirley Freeman. Commissioner Jack London was absent from the meeting. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James 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. Motion was made by Mayor Freeman and seconded by Commissioner Reich to reopen the Agenda. Motion carried unanimously. GROWTH MANAGEMENT Bob Herman, Director of Growth Management, addressed the Board and updated the Board of the status of the 2010 Comprehensive Plan. Mr. Herman discussed Federal Emergency Management Agency issues and will be coordinating meetings between the Board and FEMA. Mr. Herman informed the Board that the first of the Vested Rights Hearings were being held today beginning at 10:00 a.m. in the Stock Island Chapel before a Special Master. As soon as the Special Master has produced his document as it relates to vesting, action will be required by the Board to confirm and accept the report before it becomes an official document. Mr. Herman informed the Board the Planning Commission is meeting today at 10:00 a.m. in Marathon with the issue of transient rentals on their agenda. The Board directed that when appropriate, a Special Meeting be held in the Middle Keys, at Hawk's Cay, concerning the vacation rental issue. Mr. Herman discussed a meeting with the Contractor's Association concerning "inappropriate laws". 96/130 County Attorney, James T. Hendrick, updated the Board on the following litigation cases: Key Largo Ocean Resorts Cooperative vs. Monroe County Code Enforcement Department; Mariners Resort; Coconut Grove Bank; Hall's Resort; Mariott Key Largo Resort; and the City of Key West Comprehensive Plan challenge. India. Mr. Hendrick briefly discussed his recent trip to CONSENT AGENDA/BULK APPROVALS Mr. Herman addressed the Board regarding a Request for statements for Qualifications to complete the Monroe County Sanitary Wastewater Master Plan and Associated Wastewater and Facilities Plan Tasks. No official action was taken. GROWTH MANAGEMENT County Administrator, James Roberts, addressed the Board and discussed a Memorandum of Agreement with the state of Florida, Department of Environmental Protection, which provides that Monroe County will accept title to the USS Spiegel Grove for use as an artificial reef. No official action was taken. Mr. Herman addressed the Board concerning a request from the Parks and Recreation Advisory Board to review a report on the progress regarding the development of the Marr property for recreational purposes. No official action was taken. DIVISION OF COMMUNITY SERVICES Community Services Director, Peter Horton, addressed the Board and discussed responses to the Request for Proposals for a general airport engineer with the responses to be presented at the next Board Meeting. George Feher, Senior Environmental Scientist with Greiner, Inc., made a presentation regarding the Salt Pond Enhancement Projects at the Key West International Airport. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval to negotiate a contract between Monroe County and Anderson outdoor Advertising to provide single agency management of all commercial advertising at the Key West International Airport. Motion carried unanimously. 96/131 COMMISSIONERS' ITEMS Commissioner Harvey addressed the Board regarding a request by the Board of Directors of Tamarac Park Property Owners Association, Inc., to deed to Monroe County, at no cost, a small park located in Tamarac Park bounded by Scorpio, Leo and Pisces Lanes. Mr. Ray George, representing the property owners, addressed the Board. County Administrator, James Roberts and County Attorney, James T. Hendrick, addressed the Board. This matter was referred to staff. BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Resolutions. Motion carried unanimously. Board adopted the following Resolution amending Resolution No. 116-1995. RESOLUTION NO. 171-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 086-1995. RESOLUTION NO. 172-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 019-1995. RESOLUTION NO. 173-1996 See Res. Book No. 130, which is incorporated herein by reference. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Due to the absence of Commissioners Hal Halenza, Art French and Jack London, Motion was made by Chairman Douglass and seconded by Commissioner Reich to approve Mayor Freeman's appointment of Commissioner Reich and Commissioner Harvey as interim members of the Board of Governors for this meeting only. Motion carried unanimously. Present and answering to roll call were Commissioner 96/132 Harvey, Mayor Freeman, Commissioner Reich and Chairman Douglass. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of the following items: Board granted approval and authorized execution of an Agreement Addendum between the Lower and Middle Keys Fire and Ambulance District and stock Island Volunteer Fire Department, Inc., extending the ending date of their original service agreement until August 31, 1996, or earlier, upon the execution of a new basic agreement. Board granted approval and authorized execution of an Agreement Addendum between the Lower and Middle Keys Fire and Ambulance District and Big coppitt Volunteer Fire Department, Inc., extending the ending date of their original service agreement until August 31, 1996, or earlier, upon the execution of a new basic agreement. Board granted approval and authorized execution of an Agreement Addendum between the Lower and Middle Keys Fire and Ambulance District and Sugarloaf Volunteer Fire Department, extending the ending date of their original service agreement until August 31, 1996, or earlier, upon the execution of a new basic agreement. Board granted approval and authorized execution of an Agreement Addendum between the Lower and Middle Keys Fire and Ambulance District and Big Pine Volunteer Fire Department, Inc., extending the ending date of their original service agreement until August 31, 1996, or earlier, upon the execution of a new basic agreement. Board granted approval and authorized execution of an Agreement Addendum between the Lower and Middle Keys Fire and Ambulance District and Marathon Volunteer Fire and Rescue, Inc., extending the ending date of their original service agreement until August 31, 1996, or earlier, upon the execution of a new basic agreement. Board granted approval and authorized execution of an Agreement Addendum between the Lower and Middle Keys Fire and Ambulance District and Layton Volunteer Fire Department, Inc., extending the ending date of their original service agreement until August 31, 1996, or earlier, upon the execution of a new basic agreement. Board granted approval and authorized execution of an Agreement Addendum between the Lower and Middle Keys Fire and Ambulance District and Islamorada Volunteer Fire Department, Inc., extending the ending date of their original service agreement until August 31, 1996, or earlier, upon the execution 96/133 of a new basic agreement. Board granted approval and authorized execution of an Agreement Addendum between the Lower and Middle Keys Fire and Ambulance District and Conch Key Volunteer Fire Department and Rescue Squad, Inc., extending the ending date of their original service agreement until August 31, 1996, or earlier, upon the execution of a new basic agreement. Motion carried unanimously. Director of Public Safety, Reggie Paros, addressed the Board concerning the collection of delinquent Emergency Medical Services accounts receivable for District 1 ambulance service. Motion was made by Commissioner Harvey and seconded by Mayor Freeman granting approval and authorizing execution of an Agreement between Lower and Middle Keys Fire and Ambulance District #1 and Focus Financial Services to assist in the collection of delinquent Emergency Medical Services accounts receivable for District 1 ambulance service. Motion carried unanimously. Mr. Paros addressed the Board concerning the relocation of Emergency Medical Services MED-3 ambulance. Motion was made by Commissioner Harvey and seconded by Mayor Freeman granting approval of the relocation of Monroe County's Emergency Medical Services Ambulance, MED-3, from Bay Shore Manor on Stock Island, to the Big Coppitt Key Fire Rescue Facility. Motion carried unanimously. Mr. Paros addressed the Board concerning discussions involved with contract negotiations with the fire and rescue departments. Mr. Kolhage announced that the Clerk's Office received a Resolution from the City of Key Colony Beach appointing Arthur French, Vice-Mayor, as their official appointment for the District #1 Board of Governors through April 1997. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned * * * * * The Board of County Commissioners reconvened. 96/134 DIVISION OF ENVIRONMENTAL MANAGEMENT Assistant Director of Environmental Management, Michael Lawn, addressed the Board. Mr. Lawn discussed the Environmental Management's Mid-Year Report. COMMISSIONERS' ITEMS Reverend Gary Redwine addressed the Board and requested a clam truck with a county driver/operator for the Coppitt- Johnsonville Neighborhood Association clean-up on April 27th or May 4, 1996 at 4th street from Avenue F to Avenue B and to waive the haul-out and tipping fees required for the cleanup. Mr. Roberts addressed the Board and requested the Association coordinate their efforts with Clark Lake, Director of Environmental Management. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to postpone to the next regular Board Meeting approval for the Supervisor of Elections to Place a non- binding referendum question on the November 1996 general election regarding the Florida Keys National Marine sanctuary. Motion carried unanimously. Commissioner Harvey discussed a letter from Senator Connie Mack and stated the Florida Department of Environmental Protection had $1.3 million in a state revolving fund that will be transferred directly to Monroe County to be used in the wastewater issue. The County Administrator was directed to contact Senator Mack's office and was commended for his work on this issue. Commissioner Douglass advised the Board that the Marine and Port Advisory Committee reviewed the proposed jet ski exclusion ordinance for Harry Harris Park and made a recommendation to revise the ordinance to exclude all vessels within 500 feet of the shoreline of the park. Motion was made by Commissioner Douglass and seconded by Mayor Freeman granting approval to substitute a "Vessel Exclusion - Swim Area" Ordinance, in place of the Harry Harris Park Jet Ski Exclusion Ordinance and advertise for approval for the May Regular Board Meeting in Key Largo. Roll call vote was unanimous. Motion was made by Commissioner Douglass and seconded by Mayor Freeman directing the Marine and Port Advisory Committee investigate the operation of personal water craft, specifically jet skis, throughout unincorporated Monroe County in cooperation with any state or federal agencies that may have jurisdiction and to make recommendations to the Board. Roll call vote was unanimous. 96/135 Commissioner Reich addressed the Board concerning a problem with a man in a small community park behind the Islamorada Library. This matter was referred to the County Attorney. Mayor Freeman discussed a conflict of the Board meeting dates for the months of May and August. Staff will report back later in the meeting. COUNTY ADMINISTRATOR Mr. Roberts addressed the Board concerning the lapel microphones being used at today's meeting. Mr. Roberts addressed the Board concerning the Special Master's Report concerning the proposed union contract. Mr. Roberts has been informed verbally, that the union rejected the proposed contract. Mr. Roberts stated that two negotiating sessions have been held regarding the next contract with two more sessions scheduled for next week. Mr. Roberts informed the Board that the issue is moving forward concerning the lease with the Greater Marathon Chamber of Commerce. Mr. Roberts discussed the excess Navy property. A meeting has been scheduled for April 22, 1996 at the City Commission for the purpose of the Community Redevelopment Agency discussing the process of dealing with the excess Navy properties. Mr. Roberts reviewed with the Board the monthly financial documents as prepared by the Office of Management and Budget and reviewed the very preliminary budget trends for the next fiscal year. Mr. Roberts discussed with the Board county code provisions. Board directed staff to abide by the 60 day time table the Contractors Association has requested as it relates to Growth Management. Mr. Roberts discussed changes in the May and August Board Meeting dates. Motion was made by Commissioner Reich and seconded by Commissioner Douglass that the May Meeting of the Board be changed to May 22, 1996 beginning at 10:00 a.m., and May 23, 1996 beginning at 9:00 a.m., in Key Largo. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Douglass that the August Regular Board Meeting be changed to August 13, 1996 beginning at 10:00 a.m. and ending no later than 6:30 p.m., and August 14, 1996, beginning at 9:00 a.m. Motion carried unanimously. 96/136 COUNTY ATTORNEY County Attorney James Hendrick discussed with the board the status of our criminal cost containment program. Mr. Hendrick discussed a letter from the Greater Marathon Chamber of Commerce concerning the subject of Michael H. Puto's entitlement to represent District III on the Tourist Development Council, and a letter from the Supervisor of Elections, dated April 11, 1996, on how the Florida Keys Electric Cooperative Association (FKEC) representative is chosen. Mr. Hendrick discussed a Memorandum from Risk Manager, Donna Perez, concerning a bill pending in the Legislature, SB1952 which has financial implications for the County raising the limits for Waiver of Sovereign Immunity. The Board recommended to Staff to notify our legislative delegation that the County endorses the Florida Association of County's position on this legislation. Mr. Hendrick introduced attorney Wayne Smith to discuss civil litigation the firm of Morgan and Brooks is handling for the County. Mr. Smith discussed the Post, Buckley, Schuh and Jernigan case; Avis Rent-A-Car; Bared & Co., concerning the Detention Facility; and the Marathon Air case. Public Works Director Dent Pierce informed the Board that within the next two weeks, the Public Works Department should start demolition on the HRS facility in Marathon. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County .Q,....w.c. ~ Deputy Clerk