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04/17/1990 Regular RR 158 Regular Meeting/Comprehensive Plcp Board of County Commissioners Tuesday, April 17, 1990 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:45 a.m. on the above date in Courtroom B of the Courthouse Annex in Key West. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Eugene Lytton, and Mayor John Stormont. Absent from the meeting was Commissioner Michael Puto. Also present were Rosalie L. Connolly, Deputy Clerk: Randy Ludacer, County Attorney: Garth Coller, Assistant 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. Robert Baggs, Project Director, addressed the Board and distributed the Preliminary Assessment. After discussion, Commissioner Lytton requested an executive summary setting out that if an element has been disposed of to Mr. Baggs' satisfaction, that he advise the Board if it basically complies or coincides with the existing element in the 380 Plan and if there are substan- tial deviations, that Mr. Baggs advise what was in the old element and what the substantial deviation is. Commissioner Lytton and the Board entered into a discussion regarding the letter received from the Florida Department of Transportation regarding the Level of Service. Mr. Baggs was directed to attempt to schedule a meeting with the Assistant Secretary of FOOT while in Tallahassee this week and to request Representative Saunders' assistance in arranging such a meeting. There being no further business, the meeting was adjourned. * * * * * I RR 59 Regular Meeting Board of County Commissioners Tuesday, April 17, 1990 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. on the above date in Courtroom B at the Courthouse Annex in Key West. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Michael Puto, and Mayor John stormont. Commissioner Lytton arrived after roll call. Also present were Rosalie L. Connolly, Deputy Clerk: Randy Ludacer, County Attorney: Garth Coller, Assistant 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. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to approve the following items by unanimous consent: AWARD OF BIDS Board accepted the recommendation of Staff to award the bid to the low bidder, The Key West Citizen, for publication of Monroe County's 1989 Delinquent Tax Rolls at $.97 per line. Board accepted the recommendation of Staff to award the bids for sale of surplus property to the high bidders as set out below: 1982 Ford Fairmont 1980 Ford Fairmont 1981 Plymouth 1979 Ford Van 1980 Fairmont Wagon 1985 Pontiac Steel Spiral Staircase Steel Spiral staircase James H. Boozer patricia Balli B & B Auto Parts B & B Auto Parts B & B Auto Parts B & B Auto Parts Frank Rogel Frank Rogel $300.00 $350.00 $ 55. 90 $ 38.70 $ 32.90 $ 41.20 $ 87.50 $ 87.50 Board accepted Staff recommendation to remove from inven- tories of the respective departments all those items of surplus property set out for bid opening on February 16, 1990 inasmuch as no bids were received. TOURIST DEVELOPMENT COUNCIL Board approved payment of TOurist Development Council expen- ditures in the amount of $29,897.46 (Input Date 3/20/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $12,505.59 (Input Date 3/21/90), subject to final invoice approval by the County Finance Department. RR 160 Board approved payment of Tourist Development Council expen- ditures in the amount of $18,851.60 (Input Date 3/26/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $116,942.08 (Input Date 3/26/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $57,261.92 (Input Date 3/26/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $19,562.53 (Input Date 3/21/90), subject to final invoice approval by the County Finance Department. Board adopted the following Resolutions transferring funds. RESOLUTION NO. 231-1990 RESOLUTION NO. 232-1990 See Res. Book No. 90 which is incorporated herein by reference. Board approved $3,400.00, District IV, Third Penny, Promotion & Advertising for the Redbone Celebrity Tournament. Board approved $4,000.00, District V, Third Penny, Promotion & Advertising for Coupon Book for District Advertising Campaign. Board approved $23,333.00, District I, Third Penny, Special Events for the S.L.A.M. Fishing Tournament - September 7-9, 1990. Board approved $8,000.00, District IV, Third Penny, Special Events for the Don Hawley Invitational Tarpon Tournament - June 4-8, 1990. Board granted permission to advertise a Request For Proposals for Major Events. Board approved and authorized execution of an Addendum to the Agreement with USA 800, Inc. Board approved the following Districts' Tourist Information Services reimbursements in lieu of contract coverage: Key Largo Marathon Lower Keys Key West $194.07 $ 3.85 $ 77.73 $239.81 Board adopted the following Resolution transferring funds. RESOLUTION NO. 233-1990 See Res. Book No. 90 which is incorporated herein by reference. COUNTY ADMINISTRATOR Board approved and authorized execution of a contract with Morrison-Knudsen/Gerrits as Monroe County Construction RR 1 6 1 Program Manager. Board approved and accepted the Administrative Procedures of the Upper Keys Health Care Taxing District Advisory Council. Motion carried unanimously. SOUNDING BOARD Sandra Von Staden of the Broward County Health and Public Safety Department and Ed Seebol, Executive Director of AIDS Help, Inc., addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Puto to contribute $3,000.00 (from BOCC Contingency) as Monroe County's share towards the costs of a publication for an educational brochure for residents of Broward, Dade, Monroe and Palm Beach County on AIDS, including South Florida's positive response to this health crisis. Motion carried unanimously. David Paul Horan, attorney representing the Apostolic Pentecostal Church of Jesus Christ, the operator of the Big Pine Key Flea Market, addressed the Board and discussed roads entering and leaving the Flea Market grounds. Sheriff DeFoor also addressed the Board. No offi- cial action was taken. MISCELLANEOUS Debbie Fassnacht, Court Administrator, addressed the Board regarding the Guardianship Program and the necessity for a revised budget. After a lengthy discussion, motion was made by Commissioner Jones and seconded by Commissioner Puto to continue to the next Key West meeting and instructing the Court Administrator to supply additional information such as the number of current total guardian cases, the number of indigent guardian cases, how many are already being paid under a guardianship situation, what role is Hospice or any other agency playing, the already existing statutory funding mechanisms, the procedure through which guardianship is decided, dollar breakdowns for office space requirements, etc. Edward Seebol addressed the Board. Motion carried unanimously. Ms. Fassnacht then addressed the Board concerning additional office space at 323 Fleming Street for the Guardian Ad Litem Program and the Pretrial Services Program. During discussion, the County Administrator was directed to check into the cost of renovating the old courtroom at 310 Fleming Street and report back at the next meeting. Commissioner Jones also requested an inventory of all available empty space. After further discussion, motion was made by Mayor Stormont and seconded by Commissioner Jones to authorize execution of a five-month lease with the United States Postal Service for the space at 323 Fleming Street at an annual rental of $24,100.00, and also to direct the County Administrator to report back to the Board on alter- nate potential sites. Motion carried unanimously. ** THE ABOVE ITEM WAS REVISITED LATER IN THE MEETING ** After discussion, motion was made by Mayor Stormont and seconded by Commissioner Puto to accept for the record a RR 162 letter from Agripost Inc. dated March 22, 1990. Motion carried unanimously. Henry Naubereit addressed the Board concerning the Translator System. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to reconsider the item of March 27th concerning the EMCEE price list. Motion carried unanimously. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Jones to approve $500,000.00 for the West Summerland Towers upgrade and to seek Tax Anticipation Notes for the revenue needed and the waiving of competitive bidding procedures. During discussion, motion was made by Commissioner Jones and seconded by Mayor Stormont to amend to seek competitive bidding procedures. Roll call vote on the motion to amend was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor stormont No Yes Yes Yes Yes Motion carried. Roll call vote on the motion as amended was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes Yes No Motion carried. Motion was then made by Commissioner Harvey and seconded by Commissioner Jones to direct the County Administrator to hold in abeyance the seeking of Tax Anticipation Notes until bids are received and to authorize the Translator Engineer to prepare plans and specs and to appoint a screening committee of Henry Naubereit, the County Administrator and the Communications Director to review bids and bring recommendations back to the Board. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Jones to reconsider Agenda Item C-2 con- cerning the approval of a Lease Agreement for office space for the Court Administrator. Motion carried unanimously with Commissioner Harvey not present. Motion was then made by Commissioner Puto and seconded by Commissioner Jones to change the term of the lease to four months beginning on June 1, 1990. Motion carried unanimously. PUBLIC HEARINGS 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, lobby for another person or business entity in any appearance before or communication with, a County board, commission, advisory body, department, division, spe- cial district, or bureau in connection with any procurement of goods and/or services: providing for exemptions: pro- viding 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 com- munication with, any County board, commission, advisory body, department, division, special district or bureau in RR 163 connection with and procurement of goods and/or services: 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 procurement of goods and/or services 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 or procurement 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 penalties: providing for severability: providing for incor- poration 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. There was no public input. Motion was made by Mayor stormont and seconded by Commissioner Puto to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 010-1990 See Ord. Book No. 23 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance repealing Section 2-426 through 2-430 of the Monroe County Code in order to dissolve the Blue Ribbon Committee pre- viously established to review the First Round of Amendments to the Comprehensive Land Use Plan: providing for severabi- lity: providing for repeal of all Ordinances inconsistent 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. There was no public input. Motion was made by Mayor Stormont and seconded by Commissioner Puto to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 011-1990 See Ord. Book No. 23 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance repealing Sections 6.5-31 through 6.5-41 of the Monroe County Code in order to dissolve the Emergency Medical Services Advisory Council previously established to attend to matters concerning health care in Monroe County, including trauma-related injuries which have become more pressing and distressing: providing for severability: pro- viding for repeal of all Ordinances inconsistent 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. Motion was made by Mayor Stormont and seconded by Commissioner Puto to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 012-1990 See Ord. Book No. 23 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance abolishing the Monroe County Television Translator Board by repealing Sections 13-30 through 13-35, Monroe County Code: providing for severability; providing for repeal of all Ordinances inconsistent herewith: providing for incor- poration into the Monroe County Code: and providing for an RR 164 effective date. Proof of publication was entered into the record. The County Attorney read by title only. TOm Brown, County Administrator, addressed the Board. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the following Ordi- nance. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes No Yes No Motion carried. ORDINANCE NO. 013-1990 See Ord. Book No. 23 which is incorporated herein by reference. A Public Hearing was held on a proposed ordinance amending Section 6-68(D), Monroe County Code, in order to provide that the Conractors' Examining Board may, in the cases of violations of County Ordinances applicable to contractors or building, deliver to the guilty party a letter of reprimand stating the offense and needed correc- tive actions in lieu of certificate suspension or revoca- tion: providing for severability: providing for incorporation into the Monroe County Code of Ordinances: providing for the repeal of all Ordinances inconsistent herewith: and providing an effective date. Proof of publi- cation was entered into the record. The County Attorney read by title only. Bill Smith, Executive Director of the Florida Keys Contractors Association, spoke in support of the proposed Ordinance. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 014-1990 See Ord. Book No. 23 which is incorporated herein by reference. COUNTY ADMINISTRATOR Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve and authorize execution of an Employment Agreement with Andre Roy as a Planner, Growth Management Division, at a salary rate of $42,000.00 per annum, for a period of not more than six months. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve and authorize execution of an Employment Agreement with Steven Ferris as a Planner, Growth Management Division, at a salary rate of $42,000.00 per annum, for a period of not more than six months. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Puto to authorize the County Administrator to appoint Lorenzo Aghemo to the position of Planning Official/Land Use Coordinator and authorize execution of an Employment Agreement with Mr. Aghemo at a salary of $39,500.00 per annum. Motion carried unanimously. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Puto to direct the County Attorney to evaluate the legality of the Standard Employment RR 1 6 5 Agreement for the position of Department Head and above and report back to the Board as soon as possible. Motion was made by Mayor Stormont to amend to say "...fully evaluate the legality...". The amendment was accepted by the maker and seconder. Motion as amended carried unanimously. The County Administrator addressed the Board regarding Change Order No. 3 to Advanced Structures, Inc. regarding construction of the Jail Facility in Plantation Key. Paul Toppino addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Puto to approve Change Order No.3 in the amount of $32,810.00. During discussion, Commissioner Jones amended his motion to exclude $106.56 for a hotel room and to withhold an addi- tional $703.44 until repairs of the fence have been made. Motion as amended carried unanimously. Motion was then made by Commissioner Harvey and seconded by Commissioner Lytton directing the County Administrator to send a letter to the Chief Judge advising of the added expense to the taxpayers. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes Yes No Motion carried. The County Administrator addressed the Board regarding the Coco Plum Beach Ocean Front Property appraisal. During discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to table until the County Administrator was able to provide a more detailed use and ownership analysis. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve, per the County Administrator's recommendation, an amendment to the Sales Tax Bond Resolution which changes the applicable sentence in Section 5.06 to read "...for 12 consecutive months out of a 24 month period...". Motion carried unanimously. COMMISIONERS' ITEMS Mayor Stormont called for a Special Meeting of the Board of County Commissioners to be held on May 2nd at 2:30 p.m. in the Chapel of the Stock Island Public Service Building for the explicit purpose of awarding bids for the Bond Anticipation Notes. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to set 3:00 p.m. tomorrow as a "Time Certain" to discuss and resolve the Board's position on the Level of Service Study. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *