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07/31/1990 Regular 55 0 1 45 Regular Meeting Board of County Commissioners Tuesday, July 31, 1990 Key Colony Beach A Regular Meeting of the 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 Eugene Lytton, Commissioner Michael Puto, and Mayor John Stormont. Absent from the meeting were Commissioners Wilhelmina Harvey and Douglas Jones. Also present were Danny Kolhage, 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. PUBLIC HEARINGS A Public Hearing was held concerning the Department of Transportation's Tentative Work Program for the period 1990-91 through 1994-95. Proof of publication was entered into the record. The following individuals addressed the Board: Charles Baldwin, Servando Parapar, Bob Ernst, Bob Harris, Tom Brown, Charles Norwood. The Board then discussed and made comments concerning the proposed Tentative Work Program. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to direct the County Administrator to codify the remarks of the County Commission concerning the Tentative Work Program and to for- ward them to the Florida Department of Transportation, District 6. Motion carried unanimously. SOUNDING BOARD Robert Stave of the Florida Park Service, Department of Natural Resources, presented an Award of Appreciation for preserving and protecting Florida's natural resources at Big Pine Park. James Hutton addressed the Board concerning IIproject Habitat". Doug Fuller of Morrison-Knudsen/Gerrits and repre- sentatives of Hansen Lind Meyer and Jose Gonzalez Architects made a presentation of the final schematic of the proposed Stock Island Jail Facility. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve the schematic design and authorize the A & E team to go forward on the basis of the new design. Motion carried unanimously. COMMUNITY SERVICES Airport Services Art Skelly, Airport Director, and Pat Rebull of Post Buckley Schuh & Jernigan addressed the Board. Motion was made by Commissioner Puto and seconded by Mayor Stormont ~S0146 to approve the conceptual plan to construct T-hangars at the Marathon Airport, subject to the Board's previous decisions on the fence line. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Section 13-29, Monroe County Code, in order to extend the Television Translator District ad valorem tax in Monroe County for a period of ten fiscal years commencing in Fiscal Year 1992-l993~ requiring that such tax shall be at a rate not to exceed one quarter mill on each dollar of assessed value of real property~ providing that the tax shall not be effective in the municipalities until approved by the governing bodies thereof~ providing for severability~ 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. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to continue for two additional Public Hearings, one hearing to be held on September 11th at the Key West meeting and one hearing to be held at the next Plantation Key meeting. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Section 2-300 of the Monroe County Code (Tourist Development Plan) in order to add to the third cent authorized expenditures for publicly owned and operated and not-for-profit owned and operated museums, zoological parks, fishing piers or nature centers~ and to allocate as part of Monroe County's Annual Budget Tourist Development funds for publicly owned beaches, museums, zoological parks, fishing piers or nature centers~ that distribution of such proceeds shall be made upon adoption and implementation of the Budget without further approvals by Districts, Tourist Development Councilor Board of County Commissioners~ 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. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to read by title only. Motion carried unanimously. Ellen McFadden of the Islamorada Chamber of Commerce addressed the Board and opposed any changes to the current Ordinance. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to continue to the next Key West meeting and to add a Plantation Key meeting to the schedule of Public Hearings. Motion carried unanimously. DIVISION OF MANAGEMENT SERVICES Office of Management and Budget Torn Brown, County Administrator, discussed the Tentative Budget and the proposed Millage Rates for Fiscal Year 1990-91. He also discussed the Sheriff's Budget and the shortfall in the funding provided to the County for the Wackenhut contract which would amount to approximately $500,000.00. He presented the Board with some proposed amendments to the Tentative Budget. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to hear and consider the additional recommendations from the County 58 0147 Administrator concerning the Tentative Budget. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to accept the Administrator's recommendations of changes to the Tentative Budget (SEE ATTACHED) and also to include a half mill levy in the Upper Keys Trauma District and also to adopt the following Resolution certifying the millages. Roll call vote was taken with the following results: Commissioner Lytton Commissioner Puto Mayor Stormont Yes NO Yes Motion carried. RESOLUTION NO. 358-1990 See Res. Book No. 92 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve the following schedule for Budget reviews and hearings: DATE LOCATION MEETING ACTIVITIES September 6 5:05 PM Plantation Key Courtroom "B" 1) Public Hearing for Consideration of Budget 2) Adoption of Tentative Budget and Millage Rate (to be published in TRIM notice) **************************************** September 12 5:05 PM Key West - City Commission Chambers Budget Workshop for Consideration and Amendment of Budget (immediately after regular BOCC meeting) **************************************** September 24 5:05 PM Key Colony Beach Auditorium 1) Public Hearing for Consideration of Budget 2) Adoption of Final Budget and Millage Rate Motion carried unanimously. * * * * * BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals and considered the appeal by H. Ray Allen, agent for Boot Key Harbor Plaza, of the Planning Commission's decision to deny approval of a proposed major conditional use in order to construct a shopping center and marina on property located at Section 10, Township 66, Range 32, Key Vaca. Attorneys H. Ray Allen and Michael Halpern addressed the Board concerning their appeal. Susan Vernon, repreenting Brian and Allen Schmitt, addressed the Board. County Attorney Randy Ludacer and Mayor Stormont discussed the request by Ms. Vernon to testify. Based upon the County Attorney's comments, Mayor Stormont ruled that Ms. Vernon would not be able to testify at this hearing. Planning Director Lorenzo Aghemo addressed the Board. Motion was made by Mayor Stormont to uphold the Planning Commission's denial. Motion died for lack of a second. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to 56 0148 remand to the Planning Commission and demand that at their next meeting, they make their findings of fact more explicit and if they could not do so, to indicate that Commissioner Lytton will move to reverse their decisio~_and authorize the preparation of a Resolution to so direct -the Planning Commission. Mr. Halpern addressed the Board concerning the appeal. After further discussion, the motion was withdrawn. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto to grant the appeal and reverse the deci- sion of the Planning Commission in that the project satis- fies all of the requirements of Section 9.5-65 (A through I) of the Monroe County Code. Roll call vote was taken with the following results: Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes NO Motion carried. * * * * * PUBLIC HEARINGS A Public Hearing was held concerning the Municipal Service District Fiscal Year 1990 Fund Supplemental Budget. Marguerite Lewis of Key Colony Beach questioned the Board concerning the item. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution concerning the Amended Budget for the Municipal Service District. Motion carried unanimously. RESOLUTION NO. 359-1990 See Res. Book No. 92 which is incorporated herein by reference. COUNTY ATTORNEY Randy Ludacer, County Attorney, addressed the Board concerning Judicial Administrative Order 89-4 concerning the venue of cases filed against Monroe County in the courts system. He indicated that the operation of this Administrative Order was causing an undue expenditure of time and money on the part of his assistants in defending cases in the Keys' branch courthouses. Motion was made by Mayor Stormont and seconded by Commissioner Puto to authorize the County Attorney to join with the Tax Collector in whatever type of action that they deem necessary to con- test Administrative Order 89-4 and to bring the matter back to the Commission after the research has been done and the determination of the necessary funding that will be required. Motion carried unanimously. MUNICIPAL SERVICE DISTRICT (WASTE) Bob Ernst of Marathon and Marguerite Lewis of Key Colony Beach addressed the Board opposing the increase in rates. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution adopting the tentative solid waste collection and disposal rates for Fiscal Year 1991-1992. Motion carried unani- mously. SS 0149 RESOLUTION NO. 360-1990 See Res. Book No. 92 which is incorporated herein by reference. MISCELLANEOUS Mayor Stormont advised the Board that Commissioner Jones' aide had called and indicated that the TDC office had advised them that John O'Brien's appointment to the TDC was terminating in the month of August and that an appointment would be necessary. The Mayor also indicated that it was Commissioner Jones' desire to have Mr. O'Brien reappointed. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to reappoint John O'Brien to the TDC. Motion carried unanimously. Danny Kolhage, Clerk, discussed the motion at a previous meeting to have a portion of consideration of a budget item printed verbatim into the Minutes. The Clerk advised that this is contrary to the statutory description of the Minutes being a summary of the actions of the Board of County Commissioners and would add a lot of extraneous material to the record. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to reconsider the Board's previous action directing a budget item to be printed verbatim into the Minutes. Motion carried unani- mously. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto to rescind the Board's action directing a portion of a meeting to be printed verbatim into the Minutes. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * * Budget Revisions for 7/31/90 Meeting /J 0.1 ~~-r,,- ~- 07/31/90 10:00 AM --------------------------------------------------------------------- - $26,819,972 26 475 (253:5801 126,195 50 000 ( 00:000 (32,000 15~000 l460j 15 000 (i79:032 (6 971 (115:920 ------------ (737,683) $26,082,289 General Fund Beginning Appropriations Add position left out of Courts budget Reduce local match of grants reserve Remove reserve for reclasses Reduce contingency Remove County Attorney contincency (duplicated) Remove Truman Annex lease improvement Add to State-County Health Care Reserve (error) Remove Pre-natal reserve Remove County Administrator reserve Reduce group insurance cost estimate Reduce eransfer to Library Fund 002 Reduce HSQ's to Last Year s funding level Sub-total revisions Revised Appropriations ------------ ------------ ~ibrary Fund 002 Beginning Appropriations Reduce contingency Revised Appropriations 1,163,970 (6,622) ------------ 1,157,348 ------------ ------------ Unincorp. Parks & Beaches Beginning Appropriations Reduce contingency Revised Appropriations 529,054 (5,000) ------------ 524,054 ------------ ------------ Fire & Ambulance District 1 Beginning Appropriations Reduce contingency Revised Appropriations 5,119,554 (15,000) ------------ 5,104,554 ------------ ------------ Translator Beginning Appropriations Reduce contingency Reduce Cash Balance Reduce Translator operations expenses Sub-total revisions Revised Appropriations 1,627,064 l10,000} 12 373 ( 93:285 ------------ (415,658) 1,211,406 ------------ ------------ Trauma Care District Beginning Appropriations Various operating reductions Revised Appropriations 1,966,616 (65,302) ------------ 1,901,314 ------------ ------------