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12/12/1989 Special QQ 1 6 1 Regular Meeting Board of County Commissioners Tuesday, December 12, 1989 Key Wes t 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 West. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Michael Puto, Commissioner Eugene Lytton, and Mayor John Stormont. Also present were Danny L. Kolhage, Clerk; 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. Danny Kolhage, Clerk, made a Point of Personal privilege and advised the Commission that the Certificate of Achievement for Excellence in Financial Reporting had been awarded to Monroe County by the Government Finance Officers Association of the United States and Canada for its Comprehensive Annual Financial Report. Mr. Kolhage advised that the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a signi- ficant accomplishment. COMMISSIONERS' ITEMS The Board entered into a discussion of the Jail Privatization Contract/Negotiations Report, etc. Major Somberg and Madelyn Morales of the Sheriff's Department and George Zoley of Wackenhut Corporation addressed the Board. Mayor Stormont directed that this item be put on the Agenda for the January meeting. Commissioner Puto discussed the advisability of requesting the Attorney General's opinion regarding the con- duct of the public presentations and selection of the firm deemed best qualified for the jail privatization. Commissioner Lytton read into the record a letter received from the firm of Morgan, Lewis & Bockius on behalf of Corrections Corporation of America. After further discussion by the Board, it was decided not to seek the Attorney General's opinion. Mayor Stormont presented Census Bureau maps and forms to the County Administrator and Clerk for review and final transmittal to the Census Bureau. PUBLIC HEARINGS A Public Hearing was held concerning the modified closing of and the placing of barriers across the highway, street or road described as follows: that portion of old SR 939A, Sugarloaf Key, from the inter- section of old SR 939A and Sugar loaf Boulevard east to the destroyed bridge I QQ 162 Proof of publication was entered into the record. The following persons addressed the Board: Al Griffin, President of Sugarloaf Shores Property Owners Association; Richard Reithmayer; Lloyd K. Johnson, authorized represen- tative of the Florida Keys Land Company. After discussion with Staff, motion was made by Commissioner Lytton and seconded by Commissioner Jones to continue to the Marathon meeting, invite Sheriff DeFoor to address the Board con- cerning his request for the moving of the subject barriers, and directing that the matter be appropriately re-advertised in context. Motion carried unanimously. A Public Hearing was held on a proposed Resolution concerning non-ad valorem assessments for the purpose of providing solid waste disposal services and capital facili- ties. Proof of publication was entered into the record. Charles Aguero, MSD Director, and Harry Knight, Tax Collector, addressed the Board. There was no public input. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution announcing the intent of the Board of County Commissioners to utilize the uniform method of levy, collection, and enforcement of non-ad valorem assessments as authorized in Sec. 197.3632, Fla. Stat., for the collection of non- ad valorem special assessments on residential real property in Monroe County excluding the City of Key West but including the municipalities of Layton and Key Colony Beach for the purpose of providing solid waste disposal services and capital facilities. Motion carried unanimously. RESOLUTION NO. 739-1989 See Res. Book No. 86 which is incorporated herein by reference. A Public Hearing was held on a proposed Resolution concerning non-ad valorem assessments for the purpose of raising revenue for the Plantation Lake Estates Special Taxing District. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Puto and seconded by Mayor Stormont to adopt the following Resolution announcing the intent of the Board of County Commissioners as the governing body of the Plantation Lake Estates Special Taxing District to utilize the uniform method for the levy, collection and enforcement of non-ad valorem assessments within the District in order to raise revenue for lake aeration and lake maintenance. Motion carried unanimously. RESOLUTION NO. 740-1989 See Res. Book No. 86 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Section 2-28, Monroe County Code, in order to include literary pursuits within the definition of "the arts"; amending Section 2-285, Monroe County Code, in order to provide that the Monroe County Fine Arts Council may publish a literary magazine which features Monroe County authors or otherwise features life in Monroe County; pro- viding for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incor- poration into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. The County Attorney read by title only. William Schlict, editor and publisher of The Key West Review, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following I QQ 163 Ordinance. Motion carried unanimously. ORDINANCE NO. 038-1989 See Ord. Book No. 22 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Section 9.5-3(b), Monroe County Code, in order to provide that when a land use hearing of the Board of County Commissioners or Planning Commission is required to be held at a place certain and within a time certain and there is a conflict between the two, the requirement as to place controls: amending Section 9.5-21, Monroe County Code, in order to provide that Board of County Commission hearings on certain uses, approvals, variances, and orders shall be heard in the Key West, Marathon or Plantation Key/Key Largo areas depending on the location of the property involved: providing that when a proposed Area of Critical County Concern affects various properties, some of which are closest to one hearing site and some closest to another, then one hearing must be held at each site before final Board action may be taken: amending Section 9.5-22(h), Monroe County Code, in order to provide that Planning Commission meeting sites shall rotate from the Plantation Key/Key Largo to Marathon to Key West areas: providing that certain hearings on uses, approvals, variances, and orders shall be heard at the site closest to the property involved: providing that when a proposed Area of Critical County Concern will affect various properties, a portion of which are closest to one hearing site and a portion closest to another, then at least one hearing shall be held at each site: amending Section 9.5-47(a), Monroe County Code, in order to provide that all decision-making bodies act within the time limits set in the Monroe County Code except as pro- vided in Section 9.5-3(b), Monroe County Code: providing for severability: providing for repeal of all Ordinances incon- sistent herewith: providing for incorporation into the Monroe County Code: and providing for an effective date. Proof of publication was entered into the record. The County Attorney read by title only. There was no public input. After discussion by the Board and Staff, motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the following Ordinance. Motion carried una- nimously. ORDINANCE NO. 039-1989 See Ord. Book No. 22 which is incorporated herein by reference. The Board recessed for a meeting of District #1. * * * * * 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. Present and answering to roll call were Eugene Lytton, John Stormont and Chairman Michael Puto. Absent from the meeting were Mickey Feiner and Hal Halenza. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Chairman of the Board QQ 164 of County Commissioners to execute all documents, accounts, checks, etc. on behalf of the District. Motion carried una- nimously. RESOLUTION NO. 741-1989 See Res. Book No. 86 which is incorporated herein by reference. Emergency Medical Services Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to waive the competitive bid process and, in the interest of time and efficiency, to award the remount of one Type III Ambulance to Southern Ambulance Builders, Inc. as the lowest quoter in the amount of $36,509.00. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to approve the transfer of monies from the Grant Reserve Account to fund the foregoing Ambulance Remount project. Motion carried unanimously. Fire Marshal Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the following Resolution authorizing the execution of an Agreement by and between Stock Island Fire Department, Inc. and the Lower and Middle Keys Fire and Ambulance District concerning the reimburse- ment of volunteers. Motion carried unanimousy. RESOLUTION NO. 742-1989 See Res. Book No. 86 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to authorize the advertisement for sealed bids for construction and mounting of fire pumper/ tanker body, and purchase of related equipment, onto existing cab and chassis for the Marathon Fire Department. Motion carried unanimously. 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 with all Commissioners present. PUBLIC HEARINGS A Public Hearing was held on a proposed Resolution adopting a Supplemental Budget Amendment to decrease by law Library Fund #103 Budget. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 743-1989 See Res. Book No. 86 which is incorporated herein by reference. QQ 165 A Public Hearing was held on a proposed Resolution adopting a Supplemental Budget Amendment to increase the General Fund #001 Budget. 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. Motion carried unani- mously. RESOLUTION NO. 744-1989 See Res. Book No. 86 which is incorporated herein by reference. There being no further business, the meeting was adjourned. * * * * *