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11/21/1989 Special QQ 135 Regular Meeting Board of County Commissioners Tuesday, November 21, 1989 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Douglas Jones, Commissioner Michael Puto, and Mayor John Stormont. (Commissioners Harvey and Lytton arrived later in the meeting.) Also pre- sent were Rosalie L. Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for a "moment of silence" in memory of Auxiliary Reserve Deputy Dave Cormier who was killed in an automobile accident while on duty a few days ago. Those present then made the Pledge of Allegiance. SOUNDING BOARD State Representative Ron Saunders reported to the Board on the effects of the recent Special Session on Monroe County in the areas of Transportation, Solid Waste, and Growth Management. He advised the Board that there were grants and other monies available in the Solid Waste area, for assistance in Growth Management and the Land Use Plan areas, and in the Transportation area. He requested that he be given a list of priorities not later than January so that he might be able to work on behalf of the County in obtaining some of these monies. COMMISSIONER HARVEY ARRIVED AT 1:20 P.M. AND TOOK HER SEAT Robert Skerrett addressed the Board regarding Transferrable Development Rights and the problems surrounding this issue. Fred Tittle, attorney, also addressed the Board in this regard. The Board agreed that Donald Craig, Assistant County Administrator/Growth Management, should contact the Tax Collector and the Property Appraiser for their input in the TOR language. Roger Bernstein, Vice President of Riviera Enterprises and Safe Harbor Enterprises, addressed the Board, advised them of community opposition to the potential placement of the new jail facility at the Dog Track site or old Drive-In site on Stock Island, and presented petitions regarding such opposition. The following persons also spoke in opposition: Marjorie Chapin, Miriam Bernstein, and Ramon Rodriguez, owner of the Rusty Anchor restaurant. Billy Moore of Organized Fishermen of Florida addressed the Board regarding the State Marine Fisheries Commission's meetings in December concerning proposed rules regulating escape gaps in traps and limited-entry fisheries. COMMISSIONER LYTTON ARRIVED AT 2:00 P.M. AND TOOK HIS SEAT QQ 136 After further discussion, the Commissioners were asked to submit to the County Attorney by December lst their comments and suggestions regarding this matter in order that the County Attorney may prepare a Resolution or similar document to bring back to the December meeting of the Board. COMMUNITY SERVICES Airport Services Peter Horton, Assistant County Administrator, addressed the Board regarding the Continental Express Handling Agreement at the Marathon Airport. John Bigler, attorney for Continental, also addressed the Board. After lengthy discussion, motion was made by Commissioner Lytton and seconded by Commissioner Puto to extend the ability of the applicant to continue to operate at the Marathon Airport not to exceed sixty days. Motion was made by Mayor Stormont to amend the motion to accept $7,500.00 further escrow funds to be held as additional security to defray possible liabi- lities incurred by the applicant. The amendment was accepted by the maker and the seconder. Motion as amended carried unanimously. The Board began a discussion regarding a proposed Resolution concerning the regulation of courtesy vehicle limousines and taxicabs at the Key West and Marathon Airports. Motion was made by Commissioner Jones and seconded by Mayor Stormont to hear input on this matter today and to continue input to the Key West meeting in December. Motion carried unanimously. Jerry Courneya of Island Taxi in Marathon addressed the Board and discussed the difference in situations between the Marathon Airport and the Key West Airport services. Commissioner Puto directed the County Attorney to prepare separate Resolutions for the two airports in this regard. MISCELLANEOUS Monroe County Sheriff Allison DeFoor addressed the Board regarding the privatization of the County's detention facilities. Sheriff DeFoor advised the Board that none of his employees would be hurt in any way if the County went to privatization. The Sheriff advised that he had called a meeting for 3:00 p.m. tomorrow at the Community Pool in Key West for interaction with the people regarding his proposal to assist with law enforcement in the Bahama Village area. He also briefly discussed the other "crack" areas in the County -- The Rock, Hibiscus Park, and Stock Island. Motion was made by Commissioner Puto and seconded by Commissioner Jones to consider the Agenda Item concerning a Lease Agreement for the Sheriff's Department. Motion carried unanimously. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution authorizing execution of a Lease Agreement with Irwin Morse concerning office space for the Monroe County Sheriff's Department-Special Operations located at Town Square Mall in Marathon. Motion carried unanimously. RESOLUTION NO. 686-1989 See Res. Book No. 85 which is incorporated herein by reference. The Board recognized Virginia Panico, Key West City Commissioner, who touched briefly on the jail privatization I \ QQ 137 issue and the fact that the City Commission had directed Major Mertz to meet with Sheriff DeFoor promptly regarding the Bahama Village situation. Parvan Bakardjiev, General Director of the Fine Arts Council, introduced Ann Lynch who addressed the Board concerning restructuring and funding of the Fine Arts Council. After lengthy discussion, motion was made by Commissioner Jones and seconded by Mayor Stormont to set up a committee consisting of one County Commissioner, one member from the Fine Arts Council, one member from the Tourist Development Council, one member from Staff and someone from the County Attorney's office to find a legal way on a percentage basis to fund the Fine Arts Council out of TOC funds on a yearly basis and bring the committee's findings back to the County Commission. Roll call vote was unanimous. Mayor Stormont named Commissioner Jones as the Board's representative and directed also that County Attorney Randy Ludacer serve on this committee. County Administrator Tom Brown advised that Staff would be repre- sented by Assistant County Administrator George Harper. Mayor Mickey Feiner advised that Tim Green would be TOC's representative. After further discussion, motion was made by Mayor Stormont and seconded by Commissioner Lytton to direct that the committee just formed additionally address the ramifications of the actions obtaining the percentage amounts, allocations of monies, and any other appropriate issues involved. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto No Mayor Stormont Yes Motion carried. Parvan Bakardjiev and Mickey Feiner addressed the Board regarding the Tourist Development Council/Fine Arts Council joint workshop recently held. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to relinquish back to the Tourist Development Council the $75,000.00 previously set aside for a literary magazine and leave it to be managed by the Tourist Development Council in the normal course of business. Roll call vote was unani- mous. Motion was made by Commissioner Jones and seconded by Commissioner Harvey for approval of travel out of TOC funds for $7,500.00 for Post, Buckley, Schuh & Jernigan in connection with travel to Jacksonville and Tallahassee regarding the Beach Authority and funding also for Staff out of TOC funds. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Puto to issue a Mayor's Proclamation regarding the National Nutritional Program and Commissioner Harvey was requested to make presentation of same. Motion carried unanimously. The Board recessed for a meeting of District #l. * * * * * QQ 138 ~\lISL)) ~ DISTRICT li LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #l Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Mickey Feiner, Hal Halenza, Eugene Lytton, John Stormont and Chairman Michael Puto. Reggie paros, Assistant County Administrator, addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Halenza to reject bids received for the refurbishment of the 1976 American LaFrance Telesquirt. Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Halenza to grant authority to re-bid this project at a future date. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Halenza to adopt the following Resolution authorizing the Chairman to execute an Agreement with the Islamorada Fire and Rescue Corps, Inc. concerning the District's use of two emergency vehicles. Motion carried unanimously. RESOLUTION NO. 687-1989 See Res. Book No. 85 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Chairman to execute an Agreement with Emergency Vehicle Consultants of Key Largo concerning for- mulation of basic fire apparatus specifications for three fire pumpers. Roll call vote was taken with the following results: Commissioner Feiner No Commissioner Halenza Yes Commissioner Lytton Yes Commissioner Stormont Yes Chairman Puto Yes Motion carried. _ RESOLUTION NO. 687A-1989 See Res. Book No. 85 which is incorporated herein by reference. Motion was made by Commissioner Halenza and seconded by Commissioner Stormont to approve purchase of the following bunker gear for EMS personnel from Safety Equipment Company: Item Unit Cost Extended Price Bunker Coat Bunker Pants Helmet Suspenders Gear Bag Gloves $ 214.00 125.00 84.00 8.00 Included 10.00 $ 441.00 $10,272.00 6,000.00 4,032.00 384.00 - 0 - 480.00 Total $21,168.00 Motion carried unanimously. QQ 139 There being no further business, the meeting of the Board of Governors of District #l Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. BOARD OF APPEALS Donald Craig, Assistant County Administrator, addressed the Board concerning an appeal by Eric and Ruth Witzel of the Planning Commission's decision to deny their dimensional variance for property located on Lot 39, Block 4, Blue Water Trailer Village, Section 4, 117 Normandy Drive, Tavernier, Key Largo (continued from 10/31/89). Mr. witzel also addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt a Resolution upholding the Planning Commission's deci- sion. During discussion, Commissioner Lytton withdrew his motion. Motion was then made by Commissioner Lytton and seconded by Commissioner Harvey to adopt a Resolution to uphold the Planning Commission's decision with certain modi- fications because of undue hardship and the parameters involved. During discussion, Commissioner Lytton withdrew his motion but Commissioner Harvey did not withdraw her second and wished the motion to stand. Commissioner Jones brought to the attention of the Board the fact that he had not withdrawn his second on the first motion to adopt the following Resolution upholding the Planning Commission's decision. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton No Commissioner Puto Yes Mayor Stormont Yes Motion carried. RESOLUTION NO. 688-1989 See Res. Book No. 85 which is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held on a proposed Resolution adopting a Supplemental Budget for Key Largo Fire and Ambulance District 6, Fund #706. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution concerning a Supplemental Budget for Key Largo Fire and Ambulance District 6, Fund #706. Motion carried unanimously. RESOLUTION NO. 689-1989 See Res. Book No. 85 which is incorporated herein by reference. A Public Hearing was held on a proposed Resolution adopting a Supplemental Budget for the Fair Share Improvement Trust Fund/Library Fund #312. Proof of publica- tion was entered into the record. There was no public input. Tom Brown, County Administrator, addressed the Board. Motion was made by Commissioner Jones and seconded QQ 140 by Commissioner Harvey to continue to 5:05 p.m. tomorrow. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *