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03/27/1990 Regular RR 11~ Regular Meeting/Comprehensive Pla~ Board of County Commissioners Tuesday, March 27, 1990 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:30 a.m. on the above date at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Michael Puto, and Mayor John Stormont. Absent from the meeting were Commissioners Douglas Jones and Eugene Lytton. Also present 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 the Pledge of Allegiance. Mayor Stormont announced that Commissioner Lytton was in Tallahassee attending a Cabinet meeting. Robert Baggs, Project Director, addressed the Board regarding the Revised Final Report of the Resident Opinion Survey prepared by Regional Research Asscciates, Inc. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Harvey to authorize Regional Research Associates, Inc. to perform an additional survey of non-resident vacant property owners for a nearly iden- tical questionnaire at a cost not to exceed $3,000.00. Motion carried unanimously. Mr. Baggs addressed the Board concerning the Comprehensive Plan Team Calendar. The Board entered into a lengthy discussion concerning proper publication of notices. Mr. Baggs was directed to properly place notices in The Key West Citizen, The Keynoter, and The Reporter and also to contact the free newspapers with requests that they publish news releases. Mr. Baggs requested that future meetings begin at 10:30 a.m. Motion was made by Commissioner Harvey and seconded by Commissioner Puto to reschedule the time of meetings to 10:30 a.m. unless notified to the contrary by the Project Director because of the topics of discussion. Motion carried unanimously. After further discussion, the Board directed Staff to reschedule certain meetings as follows: Move May 17th meeting to May 8th Move May 31st meeting to May 29th Move June 22nd meeting to June 19th Staff was also directed to send revised calendars to all civic organizations. The Board briefly discussed the conduct of the workshops. There being no further business, the meeting was adjourned. * * * * * RR lZ,D Regular Meeting Board of County Commissioners Tuesday, March 27, 1990 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 Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Michael Puto, and Mayor John Stormont. Absent from the meeting was Commissioner Eugene Lytton. Also present 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 the Invocation and Pledge of Allegiance. Mayor Stormont announced that Commissioner Lytton was in Tallahassee attending a Cabinet meeting. MISCELLANEOUS Nick Pellegrino, President of Cody & Associates, Inc., addressed the Board regarding the recently completed Organizational/Staffing Analysis Report and the Classification and Compensation Study for Monroe County. After lengthy discussion, motion was made by Commissioner Puto and seconded by Mayor Stormont to direct the County Administrator to analyze and report back to the Board on the proposed administrative charts, subject to Ordinance positions, what the total effect would be if the Report is accepted as is, and what the total impact would be on the Budget; to accept for budgetary planning purposes the current base level if above the Cody Report level and where the Cody Report level is higher, the County will accept that figure as the base level; to evaluate current positions in terms of what positions are getting salary recompense above and beyond the base level provided by the County; and to evaluate current base salary levels plus fringe benefits as the realistic entry level. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Puto Yes Mayor Stormont Yes Motion carried. SOUNDING BOARD Motion was made by Commissioner Harvey and seconded by Commissioner Jones to honor a request to consider Agenda Item D-2 at this time. Motion carried unanimously. William Osterhoudt, Barbara Duck and Sidney Shapiro appeared before the Board. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Harvey to accept the H.R.S. Dade-Monroe Alcohol, Drug Abuse and Mental RR 1 2 1 Health District Plan but to reserve the right to indivi- dually accept or reject the individual programs. Motion carried unanimously. MISCELLANEOUS Henry Naubereit, Consultant, addressed the Board regarding the Translator System. He reported on the current situations regarding Station WKIZ-AM of Key West and the Carter Company. During discussion, motion was made by Commissioner Harvey that Mr. Naubereit be able to incur telephone charges up to $500.00 without authorization. Motion died for lack of a second. Motion was made by Commissioner Puto and seconded by Commissioner Jones to authorize the Mayor to execute the necessary appropriate documents regarding licenses for Channels 31, 39, 44 and 66. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to direct the County Administrator, the Translator Consultant, and the County Attorney to submit at the first Budget Workshop Meeting an updated evaluation of the total Translator System. Motion carried unanimously. After further discussion, motion was made by Mayor Stormont and seconded by Commissioner Harvey to approve the initiation of a joint planning effort with EMCEE, the original equipment supplier, to result in a fixed price cost proposal for submission to the Board; said planning effort not to require or commit any additional funding. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning the Solid Waste Task Force Solid Waste Plan. Proof of publication was entered into the record. The following individuals addressed the Board: Adrian Hindin representing Holiday Isle, Earl Cheal, Hal Halenza representing Kiwanis Club of Layton, Ron Herron representing the City of Key West, George Kundtz, Nick Nicholas, Felix Janssen, Leslie Ruth of DER, David Paul Horan, Pete Kalla of the Florida Fresh Water, Game and Fish Commission, Kelly Burns, David Makepeace of Coral Shores School, Sandy Barrett and John Scharch. Letters from Agripost Inc., Layton City Council, Kiwanis Club of Layton, and Dennis and Tina Henize were presented for the record. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to con- tinue to a Special Meeting at 9:00 a.m. on April 12th in the Key Colony Beach City Hall recommendations of the Solid Waste Task Force, actions regarding the Solid Waste Plan, a Budget Workshop to provide guidance for the administration, and Marathon Regional Theater consideration. Motion carried unanimously. A Public Hearing was held for the purpose of deter- mining whether or not the following described street, alleyway, road or highway shall be abandoned: a parcel of land in CAHILL'S PINES AND PALMS, as recorded in Plat Book 3, Page 94 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows: RR 1 22 COMMENCING at the Northeast corner of Tract B of the said CAHILL'S PINES AND PALMS, bear South, for a distance of 20.0 feet to the Point of Beginning; thence continue bearing South for a distance of 23.86 feet to a chain link fence; thence in a Northwesterly direction with a deflection angle of 139 degrees 30 minutes 26 seconds to the left and along said fence for a distance of 7.7 feet to a fence corner; thence bear West and along said fence for a distance of 18.0 feet back to the Point of Beginning. Proof of publication was entered into the record. David Paul Horan, attorney, addressed the Board on behalf of the petitioners, James E. and Roberta Spitzer. Motion was made by Commissioner Harvey and seconded by Commissioner Puto to approve the abandonment and adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 205-1990 See Res. Book No. 90 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance regulating burglar or robbery alarms by providing defini- tions, requiring the filing of certain information regarding the burglar or robbery alarm system and user with the Sheriff's Office; providing for certain burglar and robbery alarm equipment; providing a service charge for each false alarm beyond six; providing for penalties; providing for severability; providing for repeal of all Ordinances or parts thereof in conflict herewith; providing for inclusion in the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Mayor Stormont and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. The County Attorney read by title only. Sheriff DeFoor addressed the Board. The Board amended the first sentence of Section 5 by deleting the words "which is not" after the word "system" and inserting in lieu thereof the words "unless it is" and by amending Subparagraph (c) of Section 5 so as to now read as follows: " ( c) a frequency other than those assigned to any police department." John Scharch of Big Pine Key addressed the Board. After further discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Ordinance as amended. Motion carried unanimously. ORDINANCE NO. 008-1990 See Ord. Book No. 23 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance providing for definitions; providing that no former County officer or employee shall, within two years of leaving office or employment, for compensation, act as an agent or attorney for another person or business entity in any appearance before or communication with, a County board, commission, advisory body, department, division, special district, or bureau in connection with any contract; pro- viding for exemptions; providing that, except as required to discharge official duty, no County officer or employee shall, on behalf of any other person or business entity, make an appearance before, or communication with, any County RR 123 board, commission, advisory body, department, division, special district or bureau in connection with any contract; providing for exemptions; providing that any person or busi- ness entity which has had a former officer or employee sub- ject to this Ordinance or County employee act on its behalf in connection with a contract award shall be ineligible for such award; providing that the County may terminate contracts entered into in violation of this Ordinance without liability and may deduct from the contract price, or seek recovery of, any monies paid to former County officers or employees or County employees by a person or business entity to act on its behalf in violation of this Ordinance; providing for severability; providing for incorporation into the Monroe County Code; providing for repeal of all Ordinances inconsistent herewith; and providing for an effective date. Proof of publication was entered into the record. The County Attorney read by title only. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue the Public Hearing to the April 17th Commission Meeting with the stipu- lation that the substitute version (marked "Revised Version- March 16, 1990") be the version considered at that time. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Section 19-102, Monroe County Code, by prohibiting the stopping, standing or parking of motor vehicles on the streets, highways or rights-of-way, including U.S. 1, in the Unincorporated Area of Monroe County, Florida, between 11 P.M. and 6 A.M.; prohibiting the stopping, standing or parking of motor vehicles on publicly owned non-roadway property unless the area has been designated a public parking area; providing for the issuance of parking tickets for violations and the liability therefor; providing for severability; providing for repeal of all Ordinances incon- sistent herewith; providing for incorporation 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. The following persons addressed the Board: Sheriff DeFoor, Vern Pokorski for the Big pine Key Civic Association, Margie MacDonald and Bob MacDonald of America's Outdoor Camp Ground, Joy Lindskold of the Highway Beautification Committee, Earl Cheal, Nick Riggio, John Scharch. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 009-1990 See Ord. Book No. 23 which is incorporated herein by reference. * * * * * BEACH AUTHORITY The Board of County Commissioners sat as the Beach Authority. Tom Brown, County Administrator, addressed the Board concerning the proposed White Street Fishing pier con- cept of operation. Motion was made by Commissioner Puto and seconded by Commissioner Jones to accept the recommendation of the County Administrator and fill out appropriate appli- cations for a revenue generating structure, with the understanding that any revenue generation will be only on RR 1 24 that portion that is set aside strictly for fishing. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones Yes Commissioner Puto Yes Mayor Stormont Yes Motion carried. * * * * * COUNTY ADMINISTRATOR Judson Freeman, Bond Counsel, addressed the Board. After discussion, motion was made by Mayor Stormont and seconded by Commissioner Jones to adopt the following Resolution authorizing the acquisition and construction of additional criminal justice facilities in Monroe County, Florida; providing for the issuance of not exceeding $40,000,000 Sales Tax Revenue Bonds, Series 1991, of the County to finance the cost thereof; providing for the payment of such bonds from the portion of the one cent local government infrastructure surtax proceeds distributable to the County; making certain covenants and agreements in con- nection therewith; providing an effective date; and making this adoption contingent upon sale of Notes, a closing, and any and all necessary additional decisions which the Board of County Commissioners deems to be necessary to carry out the intent of the project. Roll call vote was unanimous. RESOLUTION NO. 206-1990 See Res. Book No. 90 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Puto to adopt the following Resolution pro- viding for the issuance of not exceeding $12,500,000 Sales Tax Bond Anticipation Notes, Series 1990, in anticipation of receipt by the County of proceeds from the sale of its not exceeding $40,000,000 Sales Tax Revenue Bonds, Series 1991; authorizing the sale of the Notes at public sale; authorizing the preparation of the Official Statement for the Notes; making certain covenants and agreements in con- nection therewith; and providing an effective date. Roll call vote was unanimous. RESOLUTION NO. 207-1990 See Res. Book No. 90 which is incorporated herein by reference. SOUNDING BOARD Debbie Harrison, representative of The Wilderness Society, concerning issues regarding Big Pine Key and par- ticularly County purchases of property for recreational pur- poses. After lengthy discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to direct the County Administrator to investigate the possibi- lity of purchasing the former Mariner Resort. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *