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.
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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.
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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.
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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
------------
------------