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06/22/1987 Special II 085 Special Meeting Board of County Commissioners Monday, June 22, 1987 Key West - A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date in the Commission Chambers at 310 Fleming Street in Key West. Present and answering to roll call were Commissioner William Freeman, Commissioner Eugene Lytton, Commissioner Michael puto, and Mayor Jerry Hernandez, Jr. Absent from the meeting was Commissioner John Stormont. Also present were Rosalie L. Connolly, Deputy Clerk; Lucien Proby, 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 to the Flag. The Board proceeded to make additions, deletions and corrections to the Agenda. MUNICIPAL SERVICE DISTRICT - Charles Aguero, MSD Manager, addressed the Board and discussed a proposed Agreement with the Florida Department of Community Affairs for the Monroe County Solid Waste Study. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to authorize execution of an Agreement with the Florida Department of Community Affairs for the Monroe County Solid Waste Study wherein the Department agrees to pay to the County a sum not to exceed $599,000.00 as reimbursement for expenses required for the full and successful completion of the Agreement and the Board further authorized the request of an advance payment of $149,750.00. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, addressed the Board regarding the June 9th meeting with the Florida Department of Community Affairs and advised that DCA was in the process of drawing up an Agreement to exempt certain specific 45-day DCA imposed permit waiting periods. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to defer this matter to the next Regular Meeting of the Board. Motion carried unanimously. The County Administrator then discussed a proposed Modification to the $1,050,000.00 Agreement with the Florida Department of Community Affairs concerning funding for implementation of the Land Use Plan. Lucien Proby, County Attorney, advised the Board that it would be in their best interest to execute the Modification. Motion was made by -- Commissioner Freeman and seconded by Commissioner Puto to adopt the following Resolution approving and authorizing the Mayor and Chairman of the Board to execute a Modification of Agreement to Agreement Number 87-SR-40-ll-54-0l-003 by and between the Florida Department of Community Affairs and Monroe County. Motion carried unanimously. RESOLUTION NO. 247-1987 See Res. Book No. 59 which is incorporated herein by reference. II 086 Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to enter into a discussion regarding the proposed lease of 1315 Whitehead Street for County Offices. The County Administrator advised the Board that Mrs. Mulberg, the owner of the property, was agreeable to leasing the property to the County at a rental of $12.00 per square foot ($6,000.00 per month) and payment of one-half of the assessed annual property taxes for a two- or three-year lease. He further advised that a five-year lease could also be negotiated but that the owner would require the County to pay all increases in taxes levied on the property. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Freeman to authorize the County Administrator to offer the owner of the property at 1315 Whitehead Street $10.00 per square foot with no share of property taxes and to report back to the Board for final approval. Motion carried unanimously. George Harper, Data Processing Coordinator, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution authorizing the County Administrator or his designee to participate in a committee with representatives of the Property Appraiser's Office, Florida Keys Aqueduct Authority and City Electric System to evaluate proposals for computer mapping/geographic information systems. Motion carried unanimously. RESOLUTION NO. 248-1987 See Res. Book No. 59 which is incorporated herein by reference. SOCIAL SERVICES Motion was made by Commissioner Freeman and seconded by Commissioner Lytton to accept the recommendation of Louis LaTorre, Social Services Director, and adopt the following Resolution approving and authorizing the Mayor to execute Contract KG-707 by and between the State of Florida Department of Health and Rehabilitative Services and the Board of County Commissioners concerning Monroe County In- Home Services, Homemaker/Personal Care/Case Management. Motion carried unanimously. RESOLUTION NO. 249-1987 See Res. Book No. 59 which is incorporated herein by reference. In accordance with Mr. LaTorre's recommendation, motion was made by Commissioner Freeman and seconded by Commissioner Lytton to adopt the following Resolution approving and authorizing the Mayor to execute Amendment #2 by and between the State of Florida Department of Health and Rehabilitative Services and the Board of County Commissioners concerning Contract KG-6l3 regarding Community Care for Disabled Adults Homemaker/Personal Care Grant. Motion carried unanimously. RESOLUTION NO. 250-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to accept Mr. LaTorre's recommen- dation and adopt the following Resolution approving and authorizing the Mayor to execute Contract KG-706 by and bet- ween the State of Florida Department of Health and II 087 Rehabilitative Services and the Board of County Commissioners concerning Monroe County In-Home Services, Home Delivered Meals. Motion carried unanimously. RESOLUTION NO. 251-1987 See Res. Book No. 59 which is incorporated herein by reference. - In accordance with Mr. LaTorre's recommendation, motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution approving and authorizing the Mayor to execute Amendment #1 by and between the State of Florida Department of Health and Rehabilitative Services and the Board of County Commissioners concerning Contract KG-624 regarding Community Care for Disabled Adults, Home Delivered Meals. Motion carried una- nimously. RESOLUTION NO. 252-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Lytton to accept Mr. LaTorre's recommendation and adopt the following Resolution approving and authorizing the Mayor to execute Contract #88-55-878 by and between the United Way of Dade County, Inc./Area Agency on Aging for Dade and Monroe Counties and the Board of County Commissioners of Monroe County concerning Monroe County In-Home Services. Motion carried unanimously. RESOLUTION NO. 253-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to authorize the Chairman of the Board to execute all documents concerning the contract/budget for the Senior Community Service Project budget and grant as follows: FY 86/87 (7/1/86 to 6/30/87) $174,400.00 $ 19,500.00 (FEDERAL DOLLARS) (COUNTY MATCH) FY 87/88 (7/1/87 to 6/30/88) $174,400.00 $ 19,700.00 Motion carried unanimously. PUBLIC WORKS DEPARTMENT Dent Pierce, Public Works Director, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve the Application for Final Payment from Redland Construction Co., Inc. in the amount of $24,937.88 for the Summerland Key/Cudjoe Key/Little Torch Key Roadway Improvements Project. Motion carried unani- -- mously. Dent Pierce and Charles Aguero addressed the Board concerning the purchase of a water truck for the Road Department. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to add this item to the Agenda for consideration by the Board. Motion carried una- nimously. After further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Freeman to accept the recommendation of Staff and authorize the II 088 purchase of a 1980 Chevrolet C-70 gasoline engine water truck for the Road Department from Coastal Ford Truck Sales for the price of $8,566.75. Motion carried unanimously. COUNTY ATTORNEY Motion was made by Commissioner Lytton and seconded by Commissioner Freeman declaring that an emergency exists, waiving the requirements of advertising under the provisions of Florida Statutes 125.66, and adding to the Agenda con- sideration of an Ordinance regarding Hearing Officers. Motion carried unanimously. The County Attorney read by title only and discussed the proposed Ordinance. There was no public input. Motion was then made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Ordinance declaring that an emergency exists and waiving notice by a 4/5 vote; creating a Hearing Officer Division within the County Administrator's Office; prescribing the duties of the employees of the Division; providing for a hiring procedure for such employees; excluding modified or rejected recommended orders pro- fessionally prepared from being deemed unsatisfactory ser- vice; providing for severability; providing for incorporation into the Monroe County Code of Ordinances; providing for repeal of all Ordinances inconsistent herewith; providing for an effective date; and providing that payment in connection therewith must be made from DCA funds. Motion carried unanimously. ORDINANCE NO. 018-1987 See Ord. Book No. 13 which is-rncorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman declaring that an emergency exists, waiving the requirements of advertising under the provisions of Florida Statutes 125.66, and adding to the Agenda con- sideration of an Ordinance regarding Occupational License Taxes and Regulations. Motion carried unanimously. The County Attorney read by title only and discussed the pro- posed Ordinance. There was no public input. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Ordinance declaring that an emergency exists and waiving notice by a 4/5 vote; amending Chapter 12 of the Monroe County Code of Ordinances entitled "Occupational License Taxes and Regulations" by the placing of a temporary moratorium upon the issuance of new mobile vendors and pedders occupational licenses under Sections 12-48 and 12-52 of said Chapter for a period of ninety days; providing for exception from such moratorium for those per- sons applying for peddlers licenses to operate mobile repair or appliance service business not involving the sale of merchandise; providing for severability; providing for repeal of all Ordinances or parts thereof in conflict herewith; providing for incorporation into the Monroe County Code; and providing for an effective date. Motion carried unanimously. ORDINANCE NO. 019-1987 See Ord. Book No. 13 which is incorporated herein by reference. Sheriff Freeman addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to declare an emergency and add to the Agenda con- sideration of a request for authority to advertise a pro- posed Ordinance regarding Criminal Justice Training II 089 Programs. Motion carried unanimously. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance providing for funding of local Criminal Justice Training from civil penalties assessed by the County Court. Motion carried una- nimously. -- The County Attorney advised the Board that he would defer until the July 7th meeting his report on the Supreme Court case in re Evangelican Lutheran Church vs. Los Angeles County and also advised that a written opinion would be forthcoming. Bill Cullen addressed the Board and presented a proposed Resolution for the Board's future consideration. COMMISSIONERS' ITEMS Commissioner Lytton discussed the proposed annexa- tion of Tank Island. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution offering no objection to the annexation of Tank Island by the City of Key West. Motion carried unanimously. RESOLUTION NO. 254-1987 See Res. Book No. 59 which is incorporated herein by reference. Commissioner Lytton discussed the problems con- cerning DCA and Michael Halpern's contract as Special Counsel to the Board in connection with the Land Use Plan. Motion was made by Commissioner Lytton and seconded by Mayor Hernandez to direct the County to diligently pursue a settlement of this matter on or before the date of the next __ Regular Meeting of the Board and that if it is not resolved on behalf of Mr. Halpern successfully, that payment to Mr. Halpern be made out of Contingency Funds and that the County Attorney enter suit for breach of contract against DCA. Motion carried unanimously. Commissioner Puto read into the record a letter to the Board from David P. Rice, Executive Director of The Guidance Clinic of the Middle Keys, Inc., and a letter to Gregory L. Coler, Secretary of the Department of Health and Rehabilitative Services, from Franklin Greenman, President of the Board of Directors of The Guidance Clinic of the Middle Keys, concerning the fact that the recently passed HRS Budget makes no provision for remediation of Monroe County's Baker Act crisis. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution objecting to the failure of the Department of Health and Rehabilitative Services to make available to Monroe County an allocation of $197,000.00 for its three clinics as had been approved and expressing the concern of the County Commission of Monroe Country for the failure to be provided funds to care for Monroe County's Baker Act crisis victims. Motion carried unanimously. RESOLUTION NO. 255-1987 See Res. Book No. 59 which is incorporated herein by reference. Commissioner Puto read into the record a Proclamation proclaiming that Jim Sikora be recognized as Coach of the Year for Monroe County. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to adopt the Proclamation. Motion carried unanimously. II 090 Motion was made by Mayor Hernandez and seconded by Commissioner Puto to authorize expenses for any County Commissioner and the County Attorney to go on an environmen- tal nature trip, at a cost of $40.00 per person, with the funds to come out of the Board's Promotion/Advertising Account. Motion carried unanimously. Mayor Hernandez discussed a bill received from Curry & Sons Printing in the amount of $1,750.00 for Honorary Conch Certificates. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to use the remainder of the funds in the Board's Promotion/ Advertising Account as a payment towards this bill and request Curry & Sons Printing to submit a bill for the balance to be paid in the next budget year. Motion carried unanimously. Motion was then made by Mayor Hernandez and seconded by Commissioner Freeman to request the Clerk and the County Attorney to research the possibility of payment of bills concerning Conch Certificates coming out of TDC funds. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *