06/05/1991 Regular
vv 048
Regular Meeting
Board of County Commissioners
Wednesday, June 5, 1991
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the Lion's Club in Key West. Present and answering to
roll call were Commissioner Earl Cheal, Commissioner Douglas
Jones, Commissioner Jack London, Commissioner John Stormont,
and Mayor Wilhelmina Harvey. Also present were Danny
Kolhage, Clerk; Rosalie 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve additions, deletions and
corrections to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Mayor Harvey, County Administrator Brown, and
Community Services Division Director Peter Horton presented
the February Employee of the Month Award to JoAnne Cooper,
Bookmobile Manager, Library Services Department.
Andrew Anson, Foreman, Roads and Bridges
Department, was presented with the March Employee of the
Month Award by Mayor Harvey, County Administrator Brown, and
Department Director John Connolly.
Mayor Harvey, County Administrator Brown, and
Growth Management Division Director Bob Herman presented the
April Employee of the Month Award to Jerome Sines,
Electrical Inspector, Building Department.
Mayor Harvey presented an Honorary Conch
Certificate to Rick Bernskoetter of The Reporter.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to approve the following
items by unanimous consent:
MISCELLANEOUS BULK APPROVALS
Board adopted the following Resolutions transferring funds.
VV 049
RESOLUTION NO. l87-l99l
RESOLUTION NO. 188-199l
RESOLUTION NO. 189-1991
RESOLUTION NO. 190-1991
RESOLUTION NO. 19l-l99l
See Res. Book No. 99 which is incorporated herein by
reference.
~
Board adopted the following Resolution amending Resolution
No. 030-l99l concerning the receipt of unanticipated funds
for the.purpose of correcting erroneous account numbers.
RESOLUTION NO. 192-199l
See Res. Book No. 99 which is incorporated herein by
reference.
Board approved and authorized execution of a Loan Agreement
with the Key West Art & Historical Society covering the
period from July l, 1991 through June 30, 1993 concerning
two Mario Sanchez Wood Carvings.
Board approved a Ground Handling Agreement between Chalk's
International Airlines and COMAIR at Key West International
Airport.
Board approved and authorized execution of a Subgrant
Agreement between the Board of County Commissioners and The
National Council On The Aging, Inc. for Fiscal Year 1991/92
for the Senior Community Service Employment Program in the
amount of $28,100.00.
Board approved request of Upper Keys Closing Agents to use
Harry Harris Park on July 20, 1991, and for the consumption
of beer and wine coolers, contingent upon park availability,
receipt of executed Hold Harmless Agreement, and proper
insurance.
Board approved and authorized execution of Change Order
No. I to the Contract with Frank Keevan and Son, Inc. for
the Card Sound Bridge Rehabilitation to show a net increase
of no dollars and twenty-five days.
Board approved removal of the following surplus property
from the Public Works Division's inventory:
0903-469 Amana Air-conditioner
0903-432 Sears Air-conditioner
2000-692 Sears Air-conditioner
Board adopted the following Resolution authorizing the sub-
mission of the Fourth Year Waste Tire Grant with the
Department of Environmental Regulation.
RESOLUTION NO. 193-l991
See Res. Book No. 99 which is incorporated herein by
reference.
__ Board adopted the following Resolution authorizing the sub-
mission of the Fourth Year Solid Waste Recycling and
Education Grant to the Florida Department of Environmental
Regulation.
RESOLUTION NO. 194-1991
See Res. Book No. 99 which is incorporated herein by
reference.
VV050
Board adopted the following Resolution authorizing the sub-
mission of an Anti-Drug Abuse Act Grant Application to the
Department of Community Affairs.
RESOLUTION NO. 195-l991
See Res. Book No. 99 which is incorporated herein by
reference.
---.,
ADVERTISEMENTS
Board granted permission to remove the following surplus
property from the Social Services Department's inventory and
advertise for sealed bids:
5220-49 Micro-Cassette Recorder
Board granted permission to advertise for Public Hearing a
proposed Ordinance providing for the use of County funds for
employee awards.
Board granted permission to advertise for Sealed Bids for a
new Truck-Mounted Striping Machine.
FLOOD VARIANCE APPLICATIONS
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Daniel C. and Virginia Probert for the first time place-
ment of a mobile home below base flood elevation on Lot 2,
Block 10, Geiger Mobile Homes, Geiger Key: Zoned URM:
Coastal Flood Zone VE II', Panel l733F.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of John D. Elfstrom for the first time placement of a mobile
home below base flood elevation on Lot 6, Block 6, Lake
Surprise Estates, Key Largo; Zoned URM: Coastal Flood Zone
AE 9', Panel 0842F.
MISCELLANEOUS BULK APPROVALS
Board granted approval to advertise for Sealed Bids for
emergency repairs of Tavernier Creek Daybeacon *4.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 196-199l
RESOLUTION NO. 197-l99l
RESOLUTION NO. 198-199l
RESOLUTION NO. 199-l99l
RESOLUTION NO. 200-l991
See Res. Book No. 99 which is incorporated herein by
reference.
Board ad09ted the following Resolution designating an indi-
vidual, by title, who will be responsible for the receipt
of the "Second Gas Tax" funds and who will be responsible
for notifying the State Board of Administration of changes
to be made with respect to disbursement.
RESOLUTION NO. 201-l99l
See Res. Book No. 99 which is incorporated herein by
reference.
VV051
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
Board approved and authorized execution of Modification To
Agreement to close contract with Falkanger, Snyder & Awsumb
for the Asbestos Abatement Project at Truman School, and for
approval of final payment.
Board authorized the following surveying service expen-
ditures for the Big Pine, Big Coppitt and Conch Key Fire
Stations and construction layout services for the New
Detention Facility to be provided by Petsche & Associates
under their annual Surveying and Subsurface Investigations
Contract:
Big Pine Fire Station
Big Coppitt Fire Station
Conch Key Fire Station
New Detention Facility
$3,677.00
$l,735.50
$2,6l3.00
$3,242.50
DIVISION OF MANAGEMENT SERVICES
Board approved and authorized execution of Amendment to
Agreement with AT&T Communications for pay telephones
located on Monroe County property.
DIVISION OF PUBLIC SAFETY
Board approved and authorized execution of agreement with
Physio Control for maintenance of biomedical equipment for
District 5, Tavernier Ambulance, in the amount of $l,092.00.
Board approved and authorized execution of agreement with
Physio Control for maintenance of biomedical equipment for
District 6, Key Largo Ambulance, in the amount of $3,372.00.
Board approved issuance of Certificate of Public Convenience
and Necessity No. 91-01 to Ocean Reef Volunteer Fire
Department for the operation of an ALS Transport Ambulance
Service for the period beginning June 2, 1991 and ending
June 1, 1993.
Board approved the purchase of one 1991 Aerostar Cargo Van
for the Communications Department from Duncan Ford in the
amount of $ll,659.00 - State Contract No. 070-001-91-1.
DIVISION OF PUBLIC WORKS
Board adopted the following Resolution increasing the fees
charged by the Monroe County Animal Shelters for various
services.
RESOLUTION NO. 202-1991
See Res. Book No. 99 which is incorporated herein by
reference.
Board approved demolition of the old Public Works Office
Building located on Plantation Key, utilizing in-house
resources.
Board awarded bid for the construction of new kennels at the
Key Largo Animal Shelter to E. G. Braswell Construction, the
low bidder, in the amount of $22,843.00 and approved and
authorized execution of contract for same.
vv 052
Board accepted Staff recommendation to award bid for a new
12-inch Wood Chipper (Disc-Style) to Smith Bros.
Contracting Equiment, Inc. in the amount of $15,900.00.
DIVISION OF COMMUNITY SERVICES
Board approved and authorized execution of contract with
Thomas E. Pope, P.A. and Bernier, Carr & Associates, P.C., a
Joint Venture, for architectural services at the Key West
Branch Library in the amount of $54,250.00.
MUNICIPAL SERVICE DISTRICT (WASTE)
Board approved payment of following invoices for pro-
fessional services rendered in connection with Refunding
Improvement Bonds, Series 1991:
Moody's Investors Service
Northern Bank Note Company
Allied Printing, Inc.
Deloitte & Touche
Standard & Poor's Corp.
$ 7,000.00
$ 2,198.08
$ 3,019.33
$ 3,000.00
$ 6,800.00
Board adopted the following Resolution authorizing Barry M.
Boldissar to execute, in behalf of Monroe County, Notices of
Liens and Satisfactions of Liens relating to the Special
Assessment for Solid Waste Collection and Disposal.
RESOLUTION NO. 203-199l
See Res. Book No. 99 which is incorporated herein by
reference.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution transferring Tourist
Development Council funds.
RESOLUTION NO. 204-l99l
See Res. Book No. 99 which is incorporated herein by
reference.
Board approved an amount not to exceed $8,457.00, DAC III,
Third Penny, District Allocation to P & A Reserve to
District III, FY 1990 Advertising Campaign.
Board approved an amount not to exceed $18,210.00 for fifty
thousand five-color fishing brochures, District IV, Third
Penny, Promotion & Advertising.
Board rescinded contract with Key West Festivals, Inc. for
Hemingway Days Festival previously approved on November l4,
1990, and approved and authorized execution of revised
Agreement with Key West Festivals, Inc. for Hemingway Days
Festival.
Board approved and authorized execution of Agreement with
the Key West Business Guild for Weekend On The Water, not to
exceed $3,000.00, District I, Third Penny, Special Events.
Board approved and authorized execution of Addendum To
Tourist Information Services Agreement with the Key Largo
Chamber of Commerce in the amount of $3,000.00, Third Penny,
DAC V TIS Reserves.
V\ro53
Board adopted the following Resolution transferring Tourist
Development Council funds.
RESOLUTION NO. 205-l991
See Res. Book No. 99 which is incorporated herein by
reference.
.....
Boardd granted permission to advertise Request For Proposals
for Florida Keys and Key West Travel Guide.
Board approved and authorized execution of Fantasy Fest '91
Contract with the Association For Tourism Development in an
amount not to exceed $90,000.00, District I, Third Penny,
Special Events.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. Public Financial Management, Inc., in the
amount of $2,670.62, for professional
services for the month of April.
2. Dennis A. Beebe, in the amount of $23,435.00,
for Pigeon Key Feasibility Study, completion
of Tasks #2, #3, and #4.
3. Municipal Service District, in the amount of
$14,050.55, for tipping fees from Monroe
County Housing Authority for cleaning a site
at Hibiscus Park.
.....
4. Martin-Vegue Funeral Horne, in the amount of
$600.00, for professional services re Pauper
Burial.
5. Wackenhut Corrections Corporation, in the
amount of $453,494.52, for jail operations
(Final Payment).
6. Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A., in the amount of
$6,212.70, for professional services through
April.
7. Rosenman & Colin, in the amount of $3,028.l1,
for professional services re Monroe County
Translator System for the month of March.
8. Rosenman & Colin, in the amount of $4,014.36,
for professional services re Monroe County
Translator System for the month of April.
9. EMCEE Broadcast Products, in the amount of
$32,107.70, for Translator upgrades (Final
Payment).
.....
10. EMCEE Broadcast Products, in the amount of
$34,102.77, for Translator upgrades (Final
Payment).
Board approved an administrative reorganization placing the
Recycling Department back under the Division of
Environmental Management (MSD).
vv 054
Board approved and authorized execution of Agreement with G2
Enterprises, Inc. d/b/a Five 6's Cab Company for transpor-
tation to Miami Veterans Administration Medical Center for
the County's Department of Veterans Affairs.
APPOINTMENTS
Board reappointed the following persons to the Monroe County
Industrial Development Authority:
Fred Adams
Dale Baker
Stanley K. Wade
Kenneth Meeks
COUNTY CLERK
Board approved the following Warrants:
GENERAL REVENUE FUND, #l48544-#150177, in the
amount of $3,360,600.l6. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #382-#383, in
the amount of $29,22~87.
FINE & FORFEITURE FUND, #1097-#lI03, in the amount
of $64,873.9l.-
AIRPORT OPERATION & MAINTENANCE FUND, #665-#666, in
the amount of $110,541.73
ROAD & BRIDGE FUND, #658-#659, in the amount of
$104,916.~ - ----
MSD TAX DISTRICT, #1547-#1552, in the amount of
$183,208.71. ---
MSD TAXING DISTRICTS, #602-603, in the amount of
$78,706.5g:-
MSD - PLEDGED FUNDS, #230, in the amount of
$2l,919.2a:-
LAW LIBRARY FUND, #336, in the amount of $690.l0.
CAPITAL PROJECTS FUND, #49l-#492, in the amount of
$15,317.75. ----
MONROE COUNTY GROUP INSURANCE, #452-#455, in the
amount of $265,835.98.
CARD SOUND BRIDGE FUND, #377-#378, in the amount of
$ll,00l.50.
WORKERS COMPENSATION, #36ll-#3628, in the amount of
$28,555.74.
TOURIST DEVELOPMENT COUNCIL, #713-#714, in the
amount of $82,837.73.
TRANSLATOR FUND, #3l5-#316, in the amount of
$15,897.66.
FAIR SHARE IMPROVEMENT TRUST FUND, #54, in the
amount of $10,063.56.
VV055
RISK MANAGEMENT FUND, #l32-#133, in the amount of
$46,620.6S:-- ----
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #322=#324, in the amount of
$178,340.39.
UPPER KEYS TRAUMA DISTRICT, #84-#85, in the amount
of $2,269.58.
SALES TAX BOND ANTICIPATION NOTES, #023, in the
amount of $l63,562.~
MONROE COUNTY TRUST FUND ACCOUNT, #1005, in the
amount of $732.34.
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, A & A
Professional Associates, in the amount of $250.00; Thomas A.
Bratten, P.E., in the amount of $500.00; Mental Health
Center of the Lower Keys, Inc., in the amount of $400.00;
Doris B. Stiles, Ph.D., in the amount of $675.00.
COURT-APPOINTED ATTORNEYS, Candida Cobb, in the
amount of $1,577.50; Susan Cardenas, in the amount of
I $350.00; Michael E. Cox, in the amount of $700.00; Max C.
Fisher, in the amount of $1,400.00; Jeff D. Gautiers, in the
amount of $250.50; William Kuypers, in the amount of
$3,463.32; Leonard Mikul, in the amount of $4,269.00;
-- Charles M. Milligan, in the amount of $6,055.50; Merrell
Sands, in the amount of $250.00; Lee Peter Sperones, in the
amount of $350.00; Joseph B. Wolkowsky, in the amount of
$960.00.
OTHER EXPENSES, Guidance Clinic of the Upper Keys,
in the amount of $70.00; Beckmeyer & Mulick, in the amount
of $90.50; Louis Spallone, Clerk, in the amount of
$1,250.00; State of Florida, in the amount of $112.75.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $1,245.02; Kathleen Fegers, in
the amount of $2,970.00; Florida Keys Reporting, in the
amount of $l,563.25; Amy Landry, in the amount of $2,389.50;
Nancy Maleske, in the amount of $1,342.50; Nichols and
Hardy, in the amount of $60.00; Lisa Roeser, in the amount
of $303.75.
--
COURT INTERPRETER SERVICES, J. R. Alayon, in the
amount of $290.00; Juli Barish, in the amount of $290.00;
Juan Borges, in the amount of $400.00; Arek Ilncki, in the
amount of $25.00; Mayda Maloney, in the amount of $110.00;
William Mota, in the amount of $70.00; Fermin Pastrana, in
the amount of $60.00; Marie Pehot, in the amount of $25.00;
Andrew Pleban, in the amount of $60.00; Ute Rohe, in the
amount of $25.00; Luis Sanchez, in the amount of $215.00;
Susan Tellez, in the amount of $l25.00.
EXPERT WITNESS FEES, A. Louis O'Connor, Ph.D., in
the amount of $400.00.
WITNESS PAYROLL, Regular Witness Fees, in the
amount of $205.00; Auto Allowance & Travel, in the amount of
$980.88.
vv 056
Board officially approved the Minutes of the following
meetings of the Board of County Commissioners:
May 1, 1991
May 14, 1991
May IS, 1991
May 2l, 1991
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Jones and seconded
by Commissioner London to approve and authorize execution of
a Consent To The Assignment Of A Lease from Ron Gamble to
Karl and Stephanie Walters for a parcel of land at Key West
International Airport. Roll call vote was taken with the
following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Yes
Motion carried.
Motion was made by Commissioner Jones and seconded
by Commissioner London to approve and authorize execution of
a Consent To The Assignment Of A Lease from Bruce Siegal to
Arthur B. Lujan for a parcel of land at Key West
International Airport. Roll call vote was taken with the
following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Yes
Motion carried.
After discussion with Community Services Division
Director Peter Horton, motion was made by Commissioner Jones
and seconded by Mayor Harvey to approve the Library Impact
Fee Budget for Fiscal Year 1991-92. Motion carried unani-
mously.
After discussion with Public Works Division
Director Dent Pierce, motion was made by Commissioner Cheal
and seconded by Commissioner Jones to approve the request by
the Amateur Radio Emergency Service to use the Chapel at the
Public Service Building on Stock Island on June 22nd and
June 23rd, said approval contingent upon receipt of executed
Hold Harmless Agreement and proper proof of insurance. Roll
call vote was unanimous.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve the request by the Florida
Keys Amateur Radio Club to use Pigeon Key on June 22nd and
June 23rd, said approval contingent upon receipt of executed
Hold Harmless Agreement and proper proof of insurance. Roll
call vote was unanimous.
vv 057
ADVERTISEMENTS
Motion was made by Commissioner Jones and seconded
by Mayor Harvey to grant permission to advertise a Public
Hearing for 5:05 p.m. on June 25, 1991 regarding a Budget
Amendment for the 1990 Bond Anticipation Note Fund #305.
Roll call vote was unanimous.
-
The Board entered into a discussion regarding a
request to advertise for Sealed Bids for Sky Cap Services at
the Key.West International Airport. The following persons
addressed the Board: Community Services Division Director
Peter Horton, Darren Guttman, John Rolli, Morgan Haas.
Motion was made by Commissioner Cheal and seconded by
Commissioner Stormont to allow Staff to conduct various
experiments to involve the ground transportation problem and
investigate the possibility of a sky cap operation and
report back to the Board within the next six months. Roll
call vote was unanimous with Commissioner Jones not present.
DIVISION OF GROWTH MANAGEMENT
Division Director Bob Herman addressed the Board
regarding the proposed Interim Development Ordinance and the
Pending Ordinance Doctrine action. The following indivi-
duals also addressed the Board: Bill Smith, Michael
I Halpern, Marv Schindler, Tom Fouts, Ken Metcalf, Joan
Tucker. After discussion with County Attorney Randy Ludacer
and Consulting Attorney Marty Leitner, motion was made by
Commissioner Jones to deny the item. During discussion,
motion was withdrawn. Motion was then made by Commissioner
Cheal and seconded by Commissioner Stormont to adopt the
Pending Ordinance Doctrine as presented, direct Growth
Management not to accept any additional building applica-
tions beyond 5:00 p.m. this evening, based on reliance of
the Pending Ordinance Doctrine applicable, and adopt a
Resolution for same. Randy Ludacer and Bob Herman addressed
the Board. Motion was withdrawn. Motion was then made by
Commissioner Cheal and seconded by Commissioner Stormont
directing the Growth Management Division not to accept any
additional building permit applications after close of busi-
ness today and the cut-off time will be the adoption or
failure of adoption of the Interim Growth Ordinance, and to
adopt the following Resolution therefor. Motion was then
made by Commissioner Jones and seconded by Mayor Harvey to
amend to include those applications that make it through
HRS, FKAA and CES by 5:00 p.m. today. Roll call vote on the
motion to amend was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
No
Yes
No
No
Yes
--
Motion failed. Roll call vote on the original motion was
taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
Motion carried.
vv 058
RESOLUTION NO. 206-l99l
See Res. Book No. 99 which is incorporated herein by
reference.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened at l:45 with all Commissioners
present except Commissioner Jones, who arrived later in the
meeting.
DIVISION OF GROWTH MANAGEMENT
After further discussion concerning the Impending
Ordinance Doctrine, motion was made by Commissioner Cheal
and seconded by Commissioner London to modify the Board1s
previous motion to indicate that those permits which do not
increase density or intensity of use will not be affected by
the Board's previous action. Roll call vote was taken with
the following results:
Commissioner Cheal
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Motion carried with Commissioner Jones not present. Motion
was then made by Commissioner Stormont to call a Special
Meeting for June 12th at 5:05 p.m. at Key Colony Beach City
Hall concerning the Interim Growth Ordinance and to include
the Interim Growth Ordinance on the Agenda for the meeting
of June 26th at 5:05 p.m. at the Key Largo Library. The
County Attorney addressed the Board. During discussion,
the motion was withdrawn.
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals and considered the appeal by Shirley Benson, et
al of a denial of a like appeal before the Planning
Commission of a minor conditional use permit to Florida Low
Income Housing Association. Ty Symroski addressed the
Board. Michael Halpern addressed the Board on behalf of the
appellant. Jimmy Hendrick addressed the Board on behalf of
the appellee. Mr. Halpern rebutted. Motion was made by
Mayor Harvey and seconded by Comissioner Stormont to grant
the appeal based on the builder not showing Findings of
Fact with the type of covenants that were applicable, the
failure to consider the requirements of law of 9.S-65(F) as
to adequate legal provisions to guarantee provision and
development of any open space, and that the Planning
Director and Planning Commission failed to make sufficient
Findings of Fact as to affordable housing density increase
justification pursuant to Code 9.S-4(A-5) and 9.5-266. Roll
call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
No
Yes
Yes
Yes
Yes
VV059
Motion carried.
COUNTY ADMINISTRATOR
Tilford Creel made a presentation on behalf of the
South Florida Water Management District.
-
DIVISION OF GROWTH MANAGEMENT
Marty Leitner addressed the Board regarding the
necessary Public Hearings for the proposed Interim Growth
Ordinance. Motion was made by Commissioner Stormont and
seconded by Commissioner London to call Special Meetings for
the purpose of holding Public Hearings to consider the pro-
posed Interim Growth Ordinance on June 17th at 5:05 p.m. at
Key Colony Beach City Hall and on July 2nd at 5:05 p.m. at
Key Colony Beach City Hall. Motion carried unanimously.
The Board of County Commissioners recessed.
*
*
*
*
*
DISTRICT #l
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
---
BOARD OF GOVERNORS
The Board of Governors of District #l Lower and
Middle Keys Fire and Ambulance District convened. Present
and answering to roll call were "Mickey" Feiner, Hal
Halenza, Douglas Jones, Jack London, and Chairman Earl
Cheal.
Reggie Paros, Director of the Division of Public
Safety, addressed the Board. After discussion, motion was
made by Commissioner Jones and seconded by Commissioner
Halenza to approve and authorize execution of Agreement
with Physio Control for maintenance of biomedical equipment
in the amount of $5,256.00. Motion carried unanimously.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire
and Ambulance District adjourned.
*
*
*
*
*
The Board of County Commissioners reconvened with
all Commissioners present.
MISCELLANEOUS
-
Bob Harris of Post, Buckley, Schuh & Jernigan,
Inc., Bill Starmer of Stott1er Stagg Corrections Group, Inc.
and Randall Atlas of Atlas Safety & Security Systems, Inc.
presented the Feasibility Study (Part I-Initial Assessment)
for Expansion of Jackson Square Jail. The following persons
also addressed the Board: Jimmy Hendrick, Ed Swift, A. C.
Weinstein, Doug Fuller, Bob Yohe and Jose Gonzalez. Motion
was made by Commissioner London and seconded by Commissioner
Jones that the Consulting Team would make a presentation of
the Jackson Square Alternative - Scenario No. 2 - to the
City of Key West to determine their responses to the need
vv 060
for variances in order to accomplish that Alternative. Roll
call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
No
Yes
Yes
No
Yes
Motion carried.
The Board recessed for dinner.
*
*
*
*
*
The Board reconvened with all Commissioners present
except Mayor Harvey. Mayor Pro Tern Jack London assumed the
Chair.
COMMISSIONERS' ITEMS
Brian Schmitt addressed the Board. Motion was made
by Commissioner Cheal and seconded by Commissioner Stormont
to adopt the following Resolution declaring the support of
the County Commissioners of legislation to exclude Little
Crawl Key from the Coastal Barrier Resources System. Motion
carried unanimously with Mayor Harvey not present.
RESOLUTION NO. 207-199l
See Res. Book No. 99 which is incorporated herein by
reference.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to approve and authorize exe-
cution of an Addendum To Lease with Island City Flying
Service to include operation of the fuel farm at the Key
West International Airport. Motion carried unanimously with
Mayor Harvey not present.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
repealing Sec. 9.5-309(A)(3), Monroe County Code, which will
have the effect of allowing fences of up to six feet in
height in yards adjacent to public streets, an increase in
permitted height of two feet; providing for severability;
providing for repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County
Code of Ordinances; providing for an effective date. Proof
of publication was entered into the record. Motion was made
by Commissioner Stormont and seconded by Commissioner Cheal
to read by title only. Motion carried unanimously with
Mayor Harvey not present. The County Attorney read by title
only. Mickey Feiner and Sandra Glynn addressed the Board.
Motion was made by Commissioner Stormont and seconded by
Commissioner Cheal to postpone the revised proposed
Ordinance and refer it to the Land Use Plan Text Amendment
process. Roll call vote was unanimous with Mayor Harvey not
present.
VV061
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to adopt the following Resolutions
concerning transfer of funds. Motion carried unanimously
with Mayor Harvey not present.
-- RESOLUTION NO. 208-l99l
RESOLUTION NO. 209-1991
See Res. Book No. 99 which is incorporated herein by
reference.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to adopt the following Resolution
rescinding Resolution No. 026-l99l concerning the Shared
State/County Health Care Trust Fund. Motion carried unani-
mously with Mayor Harvey not present.
RESOLUTION NO. 210-199l
See Res. Book No. 99 which is incorporated herein by
reference.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to adopt the following Resolution
rescinding Resolution No. l17-199l concerning General Fund
#001. Roll call vote was unanimous with Mayor Harvey not
present.
RESOLUTION NO. 2ll-l99l
See Res. Book No. 99 which is incorporated herein by
reference.
The Board discussed the request to advertise a
proposed Ordinance to provide that there is no mandatory
limitation as to the number of letters of reprimand which
can be issued by the Contractors' Examining Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Jones to postpone in order to review this
entire section of the Code. Motion carried unanimously with
Mayor Harvey not present.
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve and authorize execution of
Change Order No. KS-Ol to the contract with Morrison-
Knudsen/Gerrits for the Life Safety Renovations Project at
the Old Monroe County Jail in the amount of $16,265.00.
Motion carried unanimously with Mayor Harvey not present.
DIVISION OF MANAGEMENT SERVICES
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to adopt the following Resolution
authorizing the execution of the Florida Recreation
-- Development Assistance Grant in the amount of $150,000.00
for the acquisition of property for public outdoor
recreation on Stock Island. Motion carried unanimously with
Mayor Harvey not present.
RESOLUTION NO. 212-l99l
See Res. Book No. 99 which is incorporated herein by
reference.
VV062
Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to deny the County's desire to
acquire a vacant parcel of land on Atlantic Boulevard to
provide public access to Rest Beach. Roll call vote was
unanimous with Mayor Harvey not present.
DIVISION OF PUBLIC SAFETY
----
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to grant permission to reject all bids
for one tanker/pumper truck for MSTD 6 and to grant authori-
zation to re-bid the project. Motion carried unanimously
with Mayor Harvey not present.
Division Director Reggie Paros addressed the Board
concerning the installation of an existing communications
tower at the County's Emergency Operations Center in the
Federal Building in Key West. Motion was made by
Commissioner Cheal and seconded by Commissioner Jones to
waive the Purchasing Policies and Procedures and authorize
Staff to obtain written proposals and appropriating an
amount of $35,000.00 and also authorizing Commissioner Jones
to pursue a cheaper alternative. Roll call vote was taken
with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Mayor Pro Tem London
Yes
Yes
Yes
No
Motion carried with Mayor Harvey not present.
Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to approve a time extension of the
Hazardous Material Emergency Plan Update Agreement. Motion
carried unanimously with Mayor Harvey not present.
DIVISION OF PUBLIC WORKS
Motion was made by Commissioner Cheal and seconded
by Mayor Pro Tern London to approve the acquisition of H. T.
Pontin's property along West Cahill Court, Big Pine Key, in
the amount of $3,500.00. Roll call vote was unanimous with
Mayor Harvey not present.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve a Revised Professional
Service Order from Post Buckley Schuh and Jernigan to pro-
vide professional engineering services for planning docu-
ments for the County Garages in the total amount of
$55,860.00. Motion carried unanimously with Mayor Harvey
not present.
DIVISION OF COMMUNITY SERVICES
Motion was made by Commissioner Jones and seconded
by Commissioner London to reject all bids received for
Parking Lot Improvements at the Key West International
Airport and authorize readvertising. Roll call vote was
unanimous with Mayor Harvey not present.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to adopt a Resolution setting out
approval of travel and per diem for members of the Human
VV 063
Services Advisory Board. Roll call vote was taken with the
following results:
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Mayor Pro Tem London
Yes
Yes
No
No
.....
Motion failed.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve the purchase of two vans
for the Social Services Department, In-Home Services
Program, from Duncan Ford at State Contract price of
$23,318.00. Motion carried unanimously with Mayor Harvey
not present.
MUNICIPAL SERVICE DISTRICT (WASTE)
Division Director Barry Boldissar addressed the
Board. Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve the assignment of contract
from Enviromet, Inc. to Sunshine Metal Processing, Inc.
Motion carried unanimously with Mayor Harvey not present.
COUNTY ATTORNEY
County Attorney Randy Ludacer discussed the City of
Key West's new Resolution concerning the permitting of the
Jail on Stock Island and demands concerning fire equipment.
Motion was made by Commissioner Stormont and seconded by
Commissioner Cheal to approve the County Attorney's recom-
mendation and authorize him to file suit on behalf of the
County. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Mayor Pro Tem London
Yes
No
Yes
Yes
Motion carried with Mayor Harvey not present.
Mr. Ludacer discussed the negotiations with the
attorneys for the prisoners concerning the jail.
He advised the Board he had hired an attorney -
Curtis Grodin - to replace Mary Greenwood.
The County Attorney's office has done an analysis
of the Federal Highway Program Act.
.....
Mr. Ludacer's office has issued an opinion con-
cerning card games at the AARP and indicated that if there
were no gambling going on, it was appropriate for the County
to authorize those activities. Motion was made by
Commissioner Stormont and seconded by Mayor Pro Tem London
to prepare and bring back to the Board a Resolution con-
cerning AARP bingo being conducted in AARP buildings. Roll
call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Mayor Pro Tem London
Yes
Yes
Yes
No
VV064
Motion carried with Mayor Harvey not present.
The County Attorney advised the Board that the 1000
Friends of Florida has attempted to intervene in the admi-
nistrative proceedings between the Board and DCA relative to
the Land Use Plan. Motion was made by Commissioner Jones
and seconded by Commissioner Cheal to authorize the County
to move to strike their petition to intervene as they are
not an interested party. Motion carried unanimously with
Mayor Harvey not present.
--..
COMMISSIONERS' ITEMS
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to adopt the following Resolution
requesting the Federal Government to ban the manufacture and
export of dangerous pesticides and chemicals. Roll call
vote was unanimous with Mayor Harvey not present.
RESOLUTION NO. 213-1991
See Res. Book No. 99 which is incorporated herein by
reference.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to postpone discussion regarding the
elimination of windows in cells in the new jail design.
Motion carried unanimously with Mayor Harvey not present.
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to approve the policies and
procedures for the Tourist Development Council except for
the District Advisory Board section. Roll call vote was
unanimous with Mayor Harvey not present.
Commissioner Cheal indicated that whenever
Commissioners travel to conferences, they should provide
the rest of the Commissioners with a report. Motion was
made by Commissioner Cheal and seconded by Commissioner
Jones to approve travel for any Commissioner to attend the
Florida Association of Counties' Annual Conference in
Orlando on June 19-21, 1991. Motion carried unanimously
with Mayor Harvey not present.
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to postpone to the next
meeting consideration of the Historic Florida Keys
Preservation Board's request to appropriate $10,000.00 in
the 1991-92 County Budget. Motion carried unanimously with
Mayor Harvey not present.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, advised the Board
of a letter from Representative Ron Saunders concerning the
1992-93 Legislative Session and the need to have the
County's desires for new legislation to him by August.
Mr. Brown advised the Board that HRS had discon-
tinued the Rabies Prevention Program without notice. This
matter was referred to the County Attorney who would com-
municate with Representative Saunders.
The County Administrator advised the Board of a
letter from Chuck Olsen of the Florida Keys Land and Sea
Trust concerning their unsuccessful attempts to get grant
vv 065
funding for the purchase of property on Big Pine Key. Mr.
Brown was instructed to advise the Land and Sea Trust to
attempt to seek alternate sources of funding.
Mr. Brown discussed a letter from Mr. Kennedy of
the Florida Association of Counties concerning the Federal
Highway Bill.
-
The County Administrator advised the Board that HRS
is requesting the County to appoint a representative to the
HRS New Director Selection Committee. Motion was made by
Commissioner Stormont and seconded by Commissioner Cheal to
appoint Mayor Harvey. Motion carried unanimously with Mayor
Harvey not present.
Mr. Brown discussed a proposed Agreement with
Montenay KW Corporation for incineration of County solid
waste. Motion was made by Commissioner Jones to notify the
City of Key West that the County would execute a contract
with Montenay. During discussion, the motion was withdrawn.
The Board agreed to ask the City Commission to attend the
next meeting to discuss this matter.
The Board discussed a Preliminary Financing
Timetable for Sales Tax Bonds, Series 1991. No action was
taken.
Mr. Brown, the Board, and attorney Randy Sadtler
(representing the Garbage Franchisees) discussed methodology
for providing separate collection, processing and disposal
of yard trash. Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to approve the recommen-
dations of the Monroe County Solid Waste Tax Force as set
out in their memorandum dated May 24, 1991 (see Exhibit A
attached hereto and made a part hereof). Roll call vote was
unanimous with Mayor Harvey not present.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve Representative Saunders'
proposal to provide Monroe County $75,000.00 in MAVRO
Mitigation funding in exchange for the County funding
replacement of a City of Key West fuel tank at $60,000.00,
subject to an interlocal agreement. Roll call vote was
taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Mayor Pro Tern London
Yes
No
Yes
Yes
Motion carried with Mayor Harvey not present.
The Board entered into a brief discussion con-
cerning the new County Detention Facility development
approval. Mr. Brown advised the Board of the City's deci-
sion to provide a sewage pipeline to the proposed new jail
site on Stock Island which would eliminate the need for a
-- wastewater treatment plant and also the County's ability to
use the gray water.
Commissioner Cheal requested an add-on concerning
the Big Pine Key Focal Point Plan. The matter was not added
to the Agenda for lack of a full Board and unanimous
agreement.
vv 066
There being no further business, the meeting was
adjourned.
*
*
*
*
*
-
0~~r; ~A~~,~..~E
13051 2944641
Plantation Key Government Center
88820 Overseas Highway
Tavernier, Florida 33070
Telephqne: (305) 852-7175
Memorandum
To: Board of County Commissioners
County Administrator
BOARD OF COUNTY COMMISSIONER
MAYOR, Wilhelmina Hervey, District 1
Mayor Pro Tem, Jeck London, District
Douglas Jones, District 3
A. Earl Cheal, District 4
John Stormont, District 5
From: Monroe County Solid Waste Task Force
Subject: Methodology of Providing Separate Collection,
Processing and Disposal of Yard Trash in Monroe County
Recommendations on Variable-rate, Volume-based Solid
Waste Program
Date:
May 24, 1991
On March 13, 1991, the Board-of County Commissioners
requested the Soli4 Waste Task Force to review the concept of'
volume-ba.ed charges for solid waste in Monroe County. (BOCC
minutes UUI06)
On April 29, 1991, and again on May 24, 1991, the Task Force
met to consider the Commission request.
The basis for discussion considered the following materials:
1. Waste Age Magazine - February, 1990 - "The Magic of
Volume Reduction".
2. "Asses.ments for Solid Waste Collection and Disposal" -
Robert L. Nabors - Special Counsel Florida Association
of counties
3. "Calculating Volume-Based Garbage Fees'; - Biocycle
Magazine, February, 1991
4. Department of Environmental Regulation, State of
Florida, Rule 17-701.040 - Deadlines for Solid Waste
Handling; Rule 17-701.050 - Landfill Criteria
5. Solid Waste Rate Study - Monroe County - June 26, 1989
BOCC Agenda Item P3 - June 5, 1991
i1' " A "
~Xl/'. IT /"1
6. Comprehensive Volume-Based Solid Waste Management Plan
- Monroe County BOCC - March, 1991
7. Environmental Protection Agency - U. S. Government;
Variable Rates in Solid Waste: Handbook for Solid Waste
Officials - Executive Summary
t At the April 29, 1991 session, the Task Force reviewed all
materials concerning volume-based rate systems and Florida
regulations concerning disposal of solid waste materials,
particularly considering the requirement of separately handling
and disposing of all Yard Trash materials, by January, 1992.
It was determined that the more pressing issue of separate
handling of yard trash should be addressed first, prior to
further establishing a variable rate waste fee system, in that:
1. The Board of County Commissioners needed to act in
early June concerning yard waste disposal, in order to
meet franchisee contract negotiations for the coming
year; budget considerations for the coming year, for
MSD; and mandatory solid waste rate notification to the
general pUblic by July 1, 1991, of the forthcoming-
solid waste rate. I
2. All of the above items clearly revolve around the
method of handling yard trash, required by statute,
during the forthcoming budget year.
3. Variable-Rate charge systems would require an
implemented program of collection involving all
oollection factors (such as yard waste), which was
proven to be valid, as well as extensive revision of
mechanics of our household billing process and on-line
oommercial charge systems which considered variable
volume of waste production among generators.
The Task roroe then concentrated on immediate yard waste
handling requirements for required implementation this year,
leaving for later study the actual aspect of variable-rate
charges based on volume of generation of solid waste.
The attached recommendations constitute a whole program of
recommended implementation strategies to be adopted by the Board
of County Commissioners, as part of the Solid Waste program in
Monroe County, for the coming year.
BOCC Agenda Item P3 - June 5, 1991
"
Policy Recommendations
Implementation of Yard Waste Materials Handling - FY 1991-1992
These policy recommendations are made as part of a total
whole concern in addressing yard waste handling and all
associated factors, recognizing that many other factors affect
successful implementation.
1. County Household Collection System
A. One (1) weekly pick-up of garbage - unlimited
quantity until Recycle program/RFP kicks in to
reduce household garbage bulk.
B. One (1) weekly pick-up of recyclables (dependent
upon Recycle RFP)
C. One (1) weekly pick-up of yard trash with "bulk"
yard trash to be handled on "on call" basis. This
pick-up is for containerized and bundled
materials.
!
In lieu of "sticker" program (previous improper
sale and use by generators of non-household ydrd
trash), individual household-entities permissions
(larger condominium and mobile home park entities
with their own yard services) worked out by MSp
D. On call pick-up of white goods/furniture
E. Individual franchisee handling system per contract
negotiations
F. Implementation October 1, 1991, so that mechanical
problems are worked out prior to January 1, 1992
State-mandated deadline.
2. Yard Waste Destination Handling
A. MID to handle and implement by most appropriate
methods to accommodate both "regular" and "bulky"
yard wastes.
B. Mulch Program
i. Chippers at all landfills
ii. County to deliver finished product to
alternate sites (recycle sites) for effective
availability
iii. Ordinance or Resolution permitting and
controlling free availability at sites for
BOCC Agenda Item P3 - June 5, 1991
private hauling for delivery charges only,
while permitting "free" mulch product
iv. Develop program so as to keep utilization at
high level
v. Ultimate conversion of use to compost with
sludge dependent upon Compost RFP
3. Construction Debris Disposal
A. Determined to be major cause of illegal dumping
B. Implement by Resolution or Ordinance an "up-front"
fee payable when building or remodeling permit is
issued, then allow "free" dumping at proper
disposal sites.
C. Can be calculated on average generation amount per
square foot basis.
D. Pick-up issues to be resolved by MSD (individual
contractor dumping vs. "containerized" dumpin9).
4. Recycle Program
A. Ultimate method of reducing household garbage
generation so as to reach charges per numbers of
containers.
B. System to be driven by current RFP process
C. Add more roll-off containers around county - can
serve areas where curbside program is not cost
effective
5. Billing Processes
A. Make final bill as explicit as possible by
categories and cost, so realization is there as
what fees cover. In lieu of, provide inserts or
flyers.
B. Include all cost category factors, such as costs
of Illegal Dumping_enforcement and disposal
programs (similar to Dade County)
6. Franchisee Contract Considerations
A. Attempt uniform types of service so as not to
confuse public.
B. Redefine "bulk" yard trash in context of materials
to be picked up routinely and "on call".
BOCC Agenda Item P3 - June 5, 1991
c. More clearly define differences, definitions and
responsibilities concerning yard
trash/construction debris/white goods.
7. Ordinance Changes
A. Changes needed to define "households" for state
properties
B. Changes needed to conform ordinance to above
policy (i.e. entitlement pick-ups, franchise
roles, etc.)
8. Educational Program
A. The total key to any effective program is
education as to the system:
i. County-wide publication program
ii. Educate as to totally separate garbage and
"clean" yard trash
iii. Educate' as to pick-up times, amounts, sizes
of "bundles", "bulky" yard trash, etc. J
iv. Mandatory to provide recycle implementation
to reduce garbage volume, so as to reduce
rate, when volume-based.
v. Education as to mulch process, "free"
availability, utilization
vi. Educate that fee includes "on call" pick-up
of white goods/bulky yard trash; all yard
trash pick-up (i.e. landscaper or yard man to
leave at curbside for franchisee pick-up); as
well as costs associated with "illegal"
dumping activities.
vii. Educate towards use of paper containers for
yard trash handling as opposed to plastic
bags (eliminates sorting factors in yard
waste program, etc.)
B. strongly recommend organization and funding of
"Educational" department within MSD, properly
equipped and staffed to handle constant and
consistent recycling and waste disposal
information.
BOCC Agenda Item P3 - June 5, 1991