12/11/1991 Regular
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184
Regular Meeting
Board of County Commissioners
Wednesday, December 11, 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 Lions 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; 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 London to approve additions, deletions and
corrections to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of the August Employee of the Month
Award was made to Kerry Fowler, Animal Control Officer.
A Mayor's Proclamation was presented proclaiming
December 15, 1991 as Bicentennial of the Bill of Rights Day.
Presentation of the October Employee of the Month
Award was made to Mary Tucker, Office Assistant I, Building
Department.
A Mayor's Proclamation was presented proclaiming
the week of January 12 - 18, 1992 as Volunteer Appreciation
Week.
BULK APPROVALS
Motion was made by Commissioner London and seconded
by Commissioner Cheal to approve the following items by una-
nimous consent:
MISCELLANEOUS BULK APPROVALS
Board adopted the following Resolutions transferring funds.
RESOLUTION NO. 522-1991
RESOLUTION NO. 523-1991
RESOLUTION NO. 524-1991
See Res. Book No. 104 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
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No. 413-1991 concerning the receipt of unanticipated funds.
RESOLUTION NO. 525-1991
See Res. Book No. 104 which is incorporated herein by
reference.
~
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 526-1991
RESOLUTION NO. 527-1991
See Res. Book No. 104 which is-rncorporated herein by
reference.
Board adopted the following Resolution authorizing the sub-
mission of a Grant Application to the Department of
Community Affairs Preservation 2000 Program.
RESOLUTION NO. 528-1991
See Res. Book No. 104 which is incorporated herein by
reference.
Board adopted the following Resolution stating the County's
concern that the South Florida Water Management District's
(SFWMD) system of water allocation places an inequitable
burden on Monroe County citizens.
RESOLUTION NO. 529-1991
See Res. Book No. 104 which is incorporated herein by
reference.
..--.
Board approved and authorized execution of Amendment to
Contract KG-15lD (CCEDP) between The Alliance For Aging,
Inc. and the Board of County Commissioners.
Board approved and authorized execution of Amendment #1 to
CCE Contract KG-15lE between The Alliance For Aging, Inc.
and the Board of County Commissioners.
Board approved and authorized execution of Alzheimer's
Disease Initiative (ADI) Grant Contract between The
Alliance For Aging, Inc. and the Board of County
Commissioners.
Board adopted the following Resolution approving Monroe
County Public Library Policy No. 24 concerning use of per-
sonal electrical equipment.
RESOLUTION NO. 530-1991
See Res. Book No. 104 which is incorporated herein by
reference.
Board approved and authorized execution of an After-Tax
(Deferred Compensation) Payroll Deduction Plan to be offered
to County employees by Prudential Insurance Company.
.---.
Board adopted the following Resolution requesting that the
Supervisor of Elections place on the March Presidential
Primary Ballot in Monroe County Municipal Service Taxing
District No. 6 a referendum question regarding the purchase
of a fire rescue boat and the levy of an ad valorem tax
therefor.
RESOLUTION NO. 531-1991
See Res. Book No. 104 which is incorporated herein by
reference.
I
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ADVERTISEMENTS
Board granted permission to advertise for bids for the 1992
Derelict Vessel Removal Program.
REFUND REQUESTS
Board authorized payment of refund in the amount of $425.00
to Joe Nascone/Great Marathon Real Estate Co. because an
error was made by the Building Department in accepting the
fee for a sign application.
MISCELLANEOUS BULK APPROVALS
Board approved and authorized execution of Contract KG-251
between The Alliance For Aging, Inc. for OAA Title III
Programs for Fiscal Year 1992.
Board adopted the following Resolution to rescind Resolution
No. 462-1991 concerning the receipt of unanticipated funds.
RESOLUTION NO. 532-1991
See Res. Book No. 104 which is-Incorporated herein by
reference.
Board adopted the following Resolutions transferring funds.
RESOLUTION NO. 533-1991
RESOLUTION NO. 534-1991
RESOLUTION NO. 535-1991
RESOLUTION NO. 536-1991
See Res. Book No. 104 which is incorporated herein by
reference.
Board adopted the following Resolution concerning the
receipt of unanticipated funds.
RESOLUTION NO. 537-1991
See Res. Book No. 104 which is-Incorporated herein by
reference.
Board adopted the following Resolution amending Resolution
No. 500-1991 concerning receipt of unanticipated funds.
RESOLUTION NO. 538-1991
See Res. Book No. 104 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds.
RESOLUTION NO. 539-1991
See Res. Book No. 104 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 540-1991
RESOLUTION NO. 541-1991
RESOLUTION NO. 542-1991
RESOLUTION NO. 543-1991
RESOLUTION NO. 544-1991
RESOLUTION NO. 545-1991
RESOLUTION NO. 546-1991
RESOLUTION NO. 547-1991
WW 187
See Res. Book No. 104 which is incorporated herein by
reference.
Board adopted the following Resolution concerning the
transfer of funds.
-
RESOLUTION NO. 548-1991
See Res. Book No. 104 which is-Tncorporated herein by
reference.
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
Board approved purchase of water meter for New Detention
Facility in the amount of $9,750.00 from Sensus Techologies,
Inc., the sole source supplier; and approved and authorized
execution of Change Order No. KJ-004-001 to the Contract
with McPhaIl Excavating, Inc. in the amount of $1,071.00 for
installation of same.
Board approved and authorized execution of Change Order No.
PC-002-001 to the Contract with Porter/Rosasco on. the
Plantation Key Atrium Enclosure Project in the amount of
$529.00 for adding closures to the required hardware sche-
dule for doors 103, 301, 303 and 306.
Board approved Schedule of Values for Benson Electric for
their Contract KJ-002, Excavation, for the New Detention
Facility.
Board authorized Dynalectric Company to proceed with addi-
tional scope of work at the Plantation Key Courthouse Atrium
Project in an amount not to exceed $3,000.00, with
appropriate Change Order to be brought back to the Board for
approval at the next Regular Meeting.
DIVISION OF PUBLIC WORKS
Board approved and authorized execution of a Lease Agreement
with Advanced Modular Systems, Inc. for rental of a modular
office trailer for the Engineering Staff in Marathon in an
amount of $177.00 a month plus $700.00 for shipping.
Board approved and authorized execution of an Addendum to
the Agreement with Atlantic Builders concerning the roof
repairs at the Courthouse Annex.
Board approved and authorized execution of Change Order No.
One to the Contract with Atlantic Builders for additional
roof repairs to the Key West Courthouse Annex in the amount
of $1,327.00.
TOURIST DEVELOPMENT COUNCIL
Board approved an amount not to exceed $5,000.00, DAC IV,
Third Penny, P & A Reserves, for an Islamorada fulfillment
piece created from Humm's Guide.
Board approved and authorized execution of an Addendum to
the Agreement with the Association for Tourism Development
for Fantasy Fest '91.
Board approved and authorized execution of a Contract
Supplement with Tinsley Advertising, Inc. to clarify Item
l(c) and Exhibit "A" 2 of said Contract.
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Board approved payment of Tourist Development Council expen-
ditures in the amount of $40,784.34 (Input Date 11/25/9l),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $23,273.16 (Input Date 11/25/9l),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $60,365.96 ((Input Date 11/25/9l),
subject to final invoice approval by the County Finance
Department.
Board approved an amount not to exceed $9,000.00, DAC V,
Third Penny, DAC V Advertising Campaign Reserves for a joint
coupon book with District IV.
Board approved an amount not to exceed $10,000.00, DAC IV,
Third Penny, DAC IV Advertising Campaign Reserves for a
joint coupon book with District V.
Board granted approval for two new telephone lines within
the Administrative Office to cover the communications needs
for both Sales & Marketing and Market Research, retroactive
to November 21, 1991.
Board approved and authorized execution of an Addendum to
the Local Major Event Agreement with Blue Heaven, Inc. con-
cerning Goombay Festival '91.
COMMISSIONERS' ITEMS
Board granted approval of travel and expenses for any
Commissioner or Staff member to attend the 1992 NACo
Legislative Conference, February 29 - March 3, 1992.
Board granted approval to Commissioner London to travel to
Tallahassee on December 13th to attend a meeting with the
Director and Staff of the Division of Water Technology,
Department of Environmental Regulation, to review and
discuss latest sewage treatment technologies that could be
used as alternatives to centralized treatment facilities.
COUNTY ADMINISTRATOR
Board approved the following schedule for meetings of the
Board of County Commissioners:
Meetinq Date Location
1/7/92-1/8/92 Key Largo Library
1/28/92-1/29/92 Key Colony Beach City Hall
2/18/92-2/19/92 Key West Lions Club
3/10/92-3/11/92 Key Largo Library
3/31/92-4/1/92 Key Colony Beach City Hall
4/21/92-4/22/92 Key West City Hall
5/12/92-5/13/92 Key Largo Library
6/2/92-6/3/92 Key Colony Beach City Hall
6/23/92-6/24/92 Key West City Hall
7/14/92-7/15/92 Key Largo Library
8/4/92-8/5/92 Key Colony Beach City Hall
8/25/92-8/26/92 Key West City Hall
9/15/92-9/16/92 Key Largo Library
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10/6/92-10/7/92
10/27/92-10/28/92
11/17/92-11/18/92
12/8/92-12/9/92
12/29/92-12/30/92
Key Colony Beach City Hall
Key West City Hall
Key Largo Library
Key Colony Beach City Hall
Key West City Hall
COUNTY CLERK
Board approved the following Warrants:
GENERAL REVENUE FUND, #159193-#160392, in the
amount of $5,024,837.32. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #401, in the
amount of $6,589.37
FINE & FORFEITURE FUND, #1218-#1219, in the amount
of $1,767,580.66.
AIRPORT OPERATION & MAINTENANCE FUND, #688, in the
amount of $56,144.32.
ROAD & BRIDGE FUND, #680-#683, in the amount of
$116,408.~ - ----
MSD TAX DISTRICT, #1611-#1619, in the amount of
$363,265.69. -
MSD TAXING DISTRICTS, #628, in the amount of
$22,208.4~
MSD - PLEDGED FUNDS, #247-#250, in the amount of
$821,919.28.
MSD ACQUISITION FUND (105), #17, in the amount of
$31,974.00:-
LAW LIBRARY FUND, #349, in the amount of $21.13.
CAPITAL PROJECTS FUND, #516-#517, in the amount of
$41,710.49.
MONROE COUNTY GROUP INSURANCE, #480-#482, in the
amount of $301,891.19.
CARD SOUND BRIDGE FUND, #398, in the amount of
$2,157.64~ ----
WORKERS COMPENSATION, #3767-#3774, in the amount of
$39,185.66.
TOURIST DEVELOPMENT COUNCIL, #736-#737, in the
amount of $200,422.58.
--
TRANSLATOR FUND, #336, in the amount of $6,433.53.
FAIR SHARE IMPROVEMENT TRUST FUND, #73, in the
amount of~232.72.
RISK MANAGEMENT FUND, #156, in the amount of
$72,151.1~ ----
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #347~ in the amount of $54,733~81.
UPPER KEYS TRAUMA DISTRICT, #103, in the amount of
$65.49.
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SALES TAX BOND ANTICIPATION NOTES, #36-#37, in the
amount of $151,013.~
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATION, M. Christine
Massie, D.O., in the amount of $300.00; Mental Health Care
Center of the Lower Keys, in the amount of $2,750.00.
COURT-APPOINTED ATTORNEYS, Candida A. Cobb, in the
amount of $1,050.00; Max C. Fischer, in the amount of
$1,050.00; Timothy N. Thomas, in the amount of $3,404.26;
William Kuypers, in the amount of $3,351.00; Leonard F.
Miku1, in the amount of $6,208.50; Susan M. Cardenas, in the
amount of $100.00; Michael F. Cox, in the amount of $158.50;
John P. Rotolo, in the amount of $495.25; Charles L.
Everett, in the amount of $940.00; Charles M. Milligan, in
the amount of $1,928.03.
OTHER EXPENSES, Louis J. Spallone, in the amount of
$2,000.00; State of Florida, in the amount of $326.40.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $1,448.00; Florida Keys
Reporting, in the amount of $4,124.75; Kathleen Fegers, in
the amount of $195.75; Nichols & Hardy, in the amount of
$29.75; Lisa Roeser, in the amount of $641.75; Nancy J.
Maleske, in the amount of $3,462.75; Amy Landry, in the
amount of $2,376.00; Century Reporters, in the amount of
$40.00.
COURT INTERPRETER SERVICES, William Waddell, in the
amount of $70.00; Ju1i Barish, in the amount of $305.00;
William Mota, in the amount of $95.00; Susan Tellez, in the
amount of $125.00; Mayda Maloney, in the amount of $155.00;
Andrew P1eban, in the amount of $75.00; J. R. Alayon, in the
amount of $370.00; Henry F. Arroyo, in the amount of
$105.00; Eva Knights, in the amount of $85.00; Margarita
Opperman, in the amount of $170.00; Jose Menendez, in the
amount of $150.00; Juan Borges, in the amount of $85.00;
Carlos Hidalgo, in the amount of $25.00; Fermin Pastrana, in
the amount of $80.00.
EXTRADITION, Richard Roth, in the amount of
$1,917.08.
WITNESS PAYROLL (Travel), Simplicity & Travel, in
the amount of $140.00; Gerod Hooper, in the amount of
$51.51; Gise1e Moriniere, in the amount of $5.20.
MISCELLANEOUS ALL OTHER, Upper Crust Pizza, in the
amount of $48.00.
Board officially approved the Minutes of the following
meetings of the Board of County Commissioners:
November 13, 1991
November 19, 1991
November 20, 1991
Motion carr ied unanimous'ly.
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MISCELLANEOUS BULK APPROVALS
.....
Motion was made by Commissioner Jones and seconded
by Commissioner London to approve and authorize execution of
a Letter of Agreement with Morgan & Hendrick to serve as
special litigation counsel to the Board of County
Commissioners, with a cap of $150,000.00. Roll call vote
was unanimous. Motion was made by Commissioner London and
seconded by Commissioner Jones to request Mr. Hendrick to
attend the Land Use Plan meeting scheduled for 9:00 a.m. on
Decemb~r 12th in Key Colony Beach. Roll call vote was una-
nimous. Motion was then made by Commissioner London and
seconded by Commissioner Jones to request that Mr. Hendrick
attend all Land Use Plan meetings, if he deems it necessary.
Roll call vote was unanimous.
ADVERTISEMENTS
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to grant approval to adver-
tise a proposed Ordinance amending Sec. 6-56 to include a
paragraph providing for testing of all contractor categories
unless exempted elsewhere in Chapter 6, with modification to
include appropriate Code placement. Roll call vote was una-
nimous.
REFUND REQUESTS
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to deny a refund of $1,789.00
to Morgan & Henrick, Trust Account, for notification of over
forty-seven adjacent condominium property owners of an
appeal on Tamarind Cove. Roll call vote was taken with the
following results:
Commissioner Cheal Yes
Commissioner Jones No
Commissioner London No
Commissioner Stormont Yes
Mayor Harvey Yes
Motion carried.
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
Doug Fuller and Jerry Enos addressed the Board
regarding solenoid operated valves for the toilet flush
system for the New Jail Facility on Stock Island. Motion
was made by Commissioner London and seconded by Commissioner
Cheal to approve the use of solenoid valves, with involved
costs not to exceed $25,000.00. Roll call vote was unani-
mous.
......
DIVISION OF COMMUNITY SERVICES
Division Director Peter Horton and County
Administrator Tom Brown discussed the establishment of a
Director's position for the Code Enforcement Department.
Motion was made by Commissioner Cheal and seconded by
Commissioner Stormont to approve a Director of the Code
Enforcement Department as a temporary position for six
months at a $2,000.00 to $3,000.00 increase, and to be
brought back to the Board for further consideration. Roll
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call vote was taken with the following results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
-
Motion carried.
Father Bob Gendreau addressed the Board concerning
the Human Services Advisory Board. Motion was made by
Commissioner Cheal and seconded by Commissioner Stormont to
direct the County Attorney to draft a revised Resolution in
accordance with previous Board-adopted policy concerning
Advisory Boards and also with a requirement for the removal
of a member upon three successive unexcused absences. Roll
call vote was unanimous.
COUNTY ADMINISTRATOR
The Board entered into a discussion of a proposed
Agreement with Gonzalez Architects for the Jackson Square -
Truman School construction/renovation project. Jose
Gonzalez addressed the Board. Motion was made by
Commissioner Jones and seconded by Mayor Harvey to reject
this proposal and to begin negotiations with the second
bidder. During discussion, motion was made by Commissioner
Cheal to postpone to the next meeting. Motion was
withdrawn. After further discussion, motion was made by
Commissioner Cheal to postpone to the next meeting and
request Staff to continue negotiations. Motion was
withdrawn. Roll call vote on the original motion was taken
with the following results:
Commissioner Cheal No
Commissioner Jones Yes
Commissioner London No
Commissioner Stormont No
Mayor Harvey No
Motion failed. Motion was made by Commissioner London to
direct Mr. Gonzalez to come back to the Board with costs for
demolition and building in the Jackson Square area. During
discussion, the motion was withdrawn. Motion was made by
Commissioner London and seconded by Commissioner Stormont to
continue with the proposed scope of work but with a re-
negotiated price. Motion was withdrawn. Mr. Gonzalez indi-
cated that he would come back later in the day with an
alternate figure.
DIVISION OF COMMUNITY SERVICES
Division Director Peter Horton addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Stormont to accept the Key West Airport Master
Plan update and forward it to the Federal Aviation
Administration. Motion carried unanimously with
Commissioners Jones and London not present. Motion was then
made by Commissioner Stormont and seconded by Commissioner
Cheal directing that any Key West Airport decisions
reflecting directions in this Master Plan be resolved with
and by the Board of County Commissioners before proceeding.
Roll call vote was unanimous with Commissioner Jones not
present.
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Mr. Horton addressed the Board regarding Airways
International Airlines' substandard service at the Key West
International and Marathon Airports. Bob Paterno and Lucien
proby, representing Airways International, addressed the
Board. Motion was made by Mayor Harvey and seconded by
Commissioner Jones to authorize execution of a new Lease to
September 30, 1992, to include (a) a probation period, (b) a
single contact person to resolve problems and complaints,
and (c) monitoring and reporting as outlined in the letter
dated November 25, 1991 from the law offices of Taylor,
Brion, .Buker & Greene to Arthur Skelly, Director of
Airports. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
No
Yes
Yes
Yes
Yes
Motion carried.
MISCELLANEOUS
Chief Judge Richard Fowler addressed the Board.
Dan Wiley of Carter-Goble also addressed the Board and pre-
sented the Monroe County Judicial System Master Plan.
Motion was made by Commissioner Stormont and seconded by
Commissioner London to refer this matter to the County
Administrator. Motion carried unanimously.
MUNICIPAL SERVICE DISTRICCT
Division Director Barry Boldissar addressed the
Board regarding requirements for businesses engaged in solid
waste operations in Monroe County, including the application
of Articles II and IV of Chapter 8 of the Monroe County Code
in establishing licensing and permitting requirements. The
following individuals addressed the Commission: Cecilia
Gonzalez, Ray Gonzalez, Walter Crumbley, and Roy Stone, Jr.
Motion was made by Commissioner Cheal and seconded by
Commissioner London to approve Staff recommendation and
(1) Grant permission to establish specific permitting proce-
dures and to notify all known businesses who are currently
without franchising authority from the County, and who are
involved in the collection, transportation, or disposal of
solid waste, of the requirement to apply for operating per-
mits; and (2) Grant permission to establish procedures to
ensure that all solid waste generated within the boundaries
of the Unincorporated County be disposed of at County-
designated facilities as neccessary or when required. Roll
call vote was unanimous with Commissioner Jones not present.
DIVISION OF COMMUNITY SERVICES
Richard Mathews of the Upper Keys Guidance Clinic,
Marshall Wolfe of the Lower Keys Guidance Clinic, and Social
Services Director Louis LaTorre addressed the Board. Motion
was made by Commissioner Cheal and seconded by Commissioner
London to amend the contracts with the Guidance Clinics to
include a citation of all of the requiirements of Florida
Statute 394. Motion carried unanimously.
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COUNTY ADMINISTRATOR
Jose Gonzalez again addressed the Board concerning
an amendment to his fee proposal regarding the proposed
Agreement with Gonzalez Architects for the Jackson Square-
Truman School construction/renovation project. Motion was
made by Commissioner Cheal and seconded by Commissioner
London to accept the concept of the First Phase of the Study
in an amount of $100,000.00; the Second Phase at $48,000.00;
and the Third Phase which includes the schematic work at
$68,250.00, contingent upon the County Attorney's review and
approval. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
Yes
Motion carried.
COUNTY ATTORNEY
Commissioner Cheal addressed the Board regarding a
proposed Resolution requesting the Supervisor of Elections
to place on the March 10, 1992 Presidential Preference
Primary Ballot on Duck Key a referendum question concerning
the creation of a local government safe neighborhood
improvement district and also a proposed Ordinance
establishing such a district on Duck Key. Emil Lockwood of
Duck Key addressed the Board. Motion was made by
Commissioner Cheal and seconded by Commissioner London to
postpone and refer to the County Attorney for further
review. Roll call vote was unanimous.
The Board entered into a discussion concerning the
Contract for Tourist Development Council Administrative
Services with Keys Advertising & Marketing, Inc. Motion was
made by Commissioner Jones and seconded by Mayor Harvey to
approve the recommendation of the Tourist Development
Council set out in their memorandum dated December 5, 1991
as follows:
"The TDC has unanimously approved exercising
the option of renewing the May 23, 1989 con-
tract as amended excluding the leased space
and renegotiated the Monthly Service Payment
as per the contract and addenda with no
other increases reflected. (The action of
the TDC corresponds with Option B in the
County Attorney's December 2, 1991 memorandum
to the BOCC). The only deviation is the
provision for a deduction of the provision
for leased space."
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.
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DIVISION OF COMMUNITY SERVICES
AND
COMMISSIONERS' ITEMS
-
Commissioner London discussed the long-term parking
problem at Key West International Airport. Motion was made
by Commissioner London and seconded by Commissioner Cheal to
direct the County Attorney and the Community Services
Division Director to draft an Ordinance regulating parking
at Monroe County Airports, with limitations not to exceed
five days. Airport Director Art Skelly addressed the Board.
Roll call vote was unanimous.
DIVISION OF MANAGEMENT SERVICES
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to adopt the following Resolution
rescinding Resolution 218-1977 which originally established
the Highway Beautification Committee and also rescinding
Resolution No. 518-1989 which amended Resolution No.
208-1977, specifically the committee membership. . Roll call
vote was unanimous.
RESOLUTION NO. 549-1991
See Res. Book No. 104 which is incorporated herein by
reference.
Motion was made by Commissioner London and seconded
by Commissioner Jones to appoint Commissioner Cheal to the
Substance Abuse Policy Board. Roll call vote was unanimous.
Motion was then made by Commissioner Cheal and seconded by
Commissioner Jones to place this appointment on the rota-
tional list of Board appointments. Roll call vote was una~
nimous.
MUNICIPAL SERVICE DISTRICT
AND
COMMISSIONERS' ITEMS
Commissioner London, the other members of the
Board, and Municipal Service District Director Barry
Boldissar discussed the suggestion that the Municipal
Service District provide delivery service for mulch. This
matter was referred to Staff.
DIVISION OF PUBLIC WORKS
The Board discussed a Contamination Assessment and
Remedial Action Plan for the Plantation Key Fueling
Facility. Motion was made by Commissioner Cheal and
seconded by Commissioner Jones to approve the request to
proceed, with Staff to review alternative funding sources.
Dick Ramsey addressed the Board concerning the Federal Super
Fund for clean-up activities. Roll call vote was unanimous
with Commissioner London not present.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to authorize Staff to negotiate with
Douglas Baetz for the establishment of a lounge chair con-
cession at Higgs Beach. Roll call vote was unanimous with
Commissioner London not present.
Division Director Dent Pierce and Facilities
Maintenance Director Mike Lawn addressed the Board. Bill
__,,,"', L,..
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Gardner of Miami Elevator and Gary Horsley of Mowery
Elevator addressed the Board concerning the bids to moder-
nize the Courthouse Annex Elevator. Motion was made by
Commissioner Jones to approve Staff recommendation to accept
the proposal from Mowery Elevator Company in the amount of
$72,550.00 and negotiate a contract for same. During
discussion, the motion was withdrawn. Motion was then made
by Commissioner Jones and seconded by Commissioner London to
refer this matter back to Staff for analysis and recommen-
dation. Roll call vote was unanimous.
~
COUNTY ATTORNEY
County Attorney Randy Ludacer reported on the
progress of the development of the pistol range, the pro-
posed Lease Agreement with St. Peter's Catholic Church, and
the request of a potential purchaser of Boot Key for certain
road vacation.
He also advised the Board that the Department of
Revenue had reviewed the sales tax matter concerning Monroe
County airports and rental car activities and indicated that
it would be necessary for the County to proceed with an
administrative appeal of the Department's finding. He also
advised that the Department of Revenue had rendered a nega-
tive opinion on the County's request for certain sales tax
exemptions on purchase of materials in construction pro-
jects.
Mr. Ludacer also discussed the proposed Ordinance
on Matecumbe historical sites, and the Tropical Key Colony
subdivision's road right-of-way problem.
The County Attorney discussed the obstruction which
exists on the County right-of-way near Ocean Reef. Motion
was made by Commissioner Cheal and seconded by Mayor Harvey
to authorize the County Administrator to have the obstruc-
tion in the Monroe County-owned right-of-way which exists
just outside of Ocean Reef removed. Motion carried unani-
mously.
Mr. Ludacer discussed a claim by Baptist Hospital
concerning a Mr. Melton. Motion was made by Commissioner
Jones and seconded by Mayor Harvey authorizing the County to
proceed with litigation against Baptist Hospital to recover
certain funds paid by the County in the case of Mr. Melton~
Roll call vote was unanimous with Commissioner London not
present.
After discussion, motion was made by Commissioner
Jones and seconded by Commissioner Cheal to formally adopt
and ratify the Board's previous motion rejecting the
Findings of Fact, Conclusions of Law, and Order concerning
the vested rights hearing of Tropic-South, Inc. and North
Carolina National Bank as set forth in Exhibit A attached
hereto and made a part hereof. Roll call vote was unani-
mous.
Motion was made by Commissioner Jones and seconded
by Mayor Harvey to approve the Stipulation And Agreement Of
Settlement in the case of Edward Kite McIntyre, el vs.
Richard Roth, et ale Roll call vote was unanimous.
WW 197
COMMISSIONERS' ITEMS
-
Motion was made by Commissioner London and
seconded by Commissioner Jones to grant County employees
one-half day off on Christmas Eve Day. During discussion,
the motion was withdrawn. Motion was then made by
Commissioner Jones and seconded by Mayor Harvey to grant
County employees one-half day off on Christmas Eve Day,
December 24, 1991. 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.
Richard Ramsey discussed a request for available
space at Marathon Airport for a pilot maintenance program.
Community Services Division Director Peter Horton. addressed
the Board concerning procedures that should be used for this
kind of request. Motion was made by Commissioner Jones and
seconded by Mayor Harvey to refer the matter to Staff for a
report back to the Board. Roll call vote was unanimous.
COUNTY ADMINISTRATOR
-
Torn Brown, County Administrator, addressed the
request by the City Commission for a Joint Meeting on
December 19th at 6:00 p.m. in Key West at Old City Hall.
This matter was referred back to the County Administrator to
attempt to coordinate Commission members' schedules.
Mr. Brown advised that the City had agreed that the
County could use Old City Hall for their Key West meetings.
The County Administrator advised that he would be
on vacation from December 24th through December 27th.
Motion was made by Mayor Harvey and seconded by
Commissioner Cheal to approve payment of the following
invoices:
1. Frank Keevan & Son, in the amount
of $14,222.45, as FINAL PAYMENT
for the Surnmerland Key Roads I
project.
2. Moody's Investors Service, in the
amount of $12,500.00, for pro-
fessional services re Sales Tax
Revenue Bond Issuance.
-
3. Packard, in the amount of $9,990.00,
for professional services re Sales
Tax Revenue Bond.
Motion carried unanimously.
APPOINTMENTS
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve the following appointments
of County Commissioners to various duties, with the addition
ww
198
of the Environmental Resources Management Committee and the
appointment of Commissioner London, with Mayor Harvey as an
alternate; and also to include the Substance Abuse Policy
Board. Motion carried unanimously.
1. Alliance For Aqinq, Inc.
A. Currently London - new Cheal
2. Fine Arts Council - ex officio member
A. Was assigned currently to Cheal; however,
Council made Harvey ex officio member
outside of Board policy.
New - (rotationally) - Harvey
3. Jail Advisory Committee
A. Currently Harvey - new Jones
4. Jail Cap Committee
A. Currently Jones - new London
5. Jail Oversiqht Committee
A. Currently London - new Stormont
6. Land Use Facilitator
A. Currently Stormont - new Cheal
(Duties established per Resolution
No. 671-1990)
7. Monroe County Port Authority
A. Chairman - currently Cheal - new Harvey
B. Vice-Chairman - currently Harvey - new Jones
8. Municipal Services Taxinq District #1 (Fire
and EMS) Board of Governors
(On 12/19/90, BOCC Policy established that,
according to Ordinance, two commissioners
from that district always serve, with the
third appointment to be rotationally among
the remaining commissioners)
A. Cheal (from that District)
B. London (from that District)
C. Rotationally - currently Jones - new
Stormont
9. Property Appraisal Adjustment Board
Current membership of Board will not change
until work of current Board is completed.
New Board will be in effect beginning in the
Fall of 1992. Note that since 1992 is an
election year, membership would fall to a
successor in office in races where election
is involved.
WW 199
A. Currently Cheal - new London
(picks up skipped rotation from previous)
B. Currently London - new Stormont
(or successor by election)
C. Currently Stormont - new Cheal
10. South Florida Reqional Planninq Council
A. Currently London - new London
B. Currently Stormont - new Stormont
11. Vote Canvassinq Board (Duties will begin with
March Preferential Primary)
Statutes require that Chairman of Board of
County Commissioners serve. However, it is
provided that if such cannot serve, is a
candidate who has opposition in the election
being canvassed, or is an active participant
in the campaign or candidacy of any candidate
who has opposition in the election being
canvassed, the Board of County Commissioners
shall appoint a member who is not a candi-
date in the election being canvassed and who
is not actively participating in a campaign
for candidacy whose election is being can-
vassed.
A. Currently Chairman of Board of County
Commissioners. That person will serve,
in any event, for the March Preferential
Primary. If that person is an opposed
candidate in September, or has opposi-
tion in November, he cannot serve then.
In the event that the Mayor cannot
serve, rotationally the member would be
London (continuing rotation from above).
Organizations For Rotational Commissioner Attendance:
1. Florida Keys Council For The Handicapped
A. December - Stormont
B. January - Cheal
C. February - Harvey
D. March - Jones
E. April - London
F. May - Stormont
G. June - Cheal
H. July - Harvey
I. August - Jones
J. September - London
K. October - Stormont
L. November - Cheal
2. Hiqhway Beautification Committee
A. December - Harvey
B. January - Jones
C. February - London
D. March - Stormont
E. April - Cheal
F. May - Harvey
ww
200
G. June - Jones
H. July - London
I. August - Stormont
J. September - Cheal
K. October - Harvey
L. November - Jones
3. Library Advisory Board
A. December - London
B. January - Stormont
C. February - Cheal
D. March - Harvey
E. April - Jones
D. May - London
G. June - Stormont
H. July - Cheal
I. August - Harvey
J. September - Jones
K. October - London
L. November - Stormont
4. Older American Advisory Board
A. December - Cheal
B. January - Harvey
C. February - Jones
D. March - London
E. April - Stormont
F. May - Cheal
G. June - Harvey
H. July - Jones
I. August - London
J. September - Stormont
K. October - Cheal
L. November - Harvey
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve the appointment of Dr. Otha
Cox to the Tourist Development Counc~l. Motion carried una-
nimously. Motion was then made by Commissioner Jones and
seconded by Mayor Harvey to appoint Terry Horton to the
Tourist Development Council to replace John O'Brien, effec-
tive January 1, 1992. Motion carried unanimously.
MISCELLANEOUS
Motion was made by Commissioner Cheal and seconded
by Commissioner London to approve the request of The School
Board of Monroe County to place the proposition of "Special
Election, Monroe County - Appointive School Superintendent"
on the ballot of the Presidential Preference Primary
Election to be held on March 10, 1992. Motion carried una-
nimously.
There being no further business, the meeting was
adjourned.
*
*
*
*
*
Monroe County Commission
THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, HEREBY FORMALLY ADOPTS AND
RATIFIES ITS MOTION REJECTING THE FINDINGS OF
FACT, CONCLUSIONS OF LAW, AND ORDER CONCERN-
ING THE VESTED RIGHTS HEARING OF TROPIC-SOUTH
INC. AND NORTH CAROLINA NATIONAL BANK.
.. ....LI -
On April 25, 1990, a vested rights hearing was held in Key
West, Monroe County, Florida, concerning the alleged vested
rights of Tropic-South, Inc. and North Carolina National Bank
regarding a portion of Boot Key, Marathon, Florida. Subsequent
to said hearing, John E. Bigler, Jr., Hearing Officer for Monroe
County, Florida, entered his Findings of Fact, Conclusions of
Law, and Order concerning said alleged vested rights to the Boot
Key property. At the Board's regular meeting of November 20,
1991, having reviewed the record, the pleadings and exhibits of
Petitioners and Respondent, the Commissioners fully discussed and
voted upon this matter.
Now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
MAKES THE FOLLOWING FINDINGS:
Section 1.
..--
That, pursuant to Section 9.5-182(b)(5) of
the Monroe County Code, the Board unanimously rej ects the said
Findings of Fact, Conclusions of Law, and Order entered by
Hearing Officer John E. Bigler, Jr., concerning vested rights
petitioners Tropic-South, Inc. and North Carolina National Bank
regarding the said Boot Key property, a copy of which is attached
hereto, and for the following reasons:
EXHlBll A
1~/IIJ9( (lJ'Nurt5
A. The record does not contain competent substantial evidence
;,~",~upport the reconnnendation_of the Hearing Office~1=o wiS,.:.
1. Monroe County Code Section 9.5-183 lists the standards
for vested rights.
There are three main standards, the last
having five subparts.
An applicant for vested rights must
demonstrate all of the standards to be entitled to a positive
determination of vested rights. The record reveals that:
a) There was no valid, unexpired governmental act of
Monroe County authorizing a specific development. The factual
activity referenced by the Hearing Officer in his Findings of
Fact is not a substitute for, nor is tantamount to final
governmental authorization as defined by Code Sec. 9.5-183.
b) There was no competent, substantial evidence
showing expenditures or obligations incurred in reliance upon an
authorizing act of Monroe County. There was simply no valid
authorizing act. Construction was never commenced and no build-
ing permits were applied for.
Tropic-South's representative
testified he secured a $2.8 million loan collateralized by Boot
Key, but could only document actual expenditures of $5,436.89 at
the vested rights hearing.
c) The remaining standards listed in Code Section
9.5-183(3) (a-e) presuppose a specific development project was
approved by final, governmental action; the proj ect actually
begun; and awaited only permission for completion. As the requi-
site governmental approval never was issued, subsections (3)(a-e)
2
are not applicable to this action. The record does reflect that
an economically viable plan was never presented and that no
expenses or obligations incurred by the applicants were made with
full knowledge of an impending change of the Monroe County land
use regulations, or subsequent to the adoption of the new regu-
lations.
2. The record does not contain competent, substantial
evidence sufficient to show that either applicant had standing to
either bring or participate in a vested rights action concerning
the Boot Key property. The record reveals that applicant Trop-
ic-South, Inc. lost its interest in the subject property to
Interfirst Bank Dallas, N.A. via foreclosure, in April of 1989.
Applicant North Carolina National Bank subsequently acquired the
assets of Interfirst Bank. At the time of the April, 1990,
vested rights hearing, the first applicant no longer owned the
property and the second was attempting to impermissibly "inherit"
vested rights. No bank ever filed the necessary application for
vested rights, and land acquisition costs alone cannot support
compliance with the vested rights standards.
B. The Hearing Officer's Order is Contrary to the Standards
set forth in M~~roe~ounty Code S~ftion 9.5-183:
In addition to all the above stated reasons, the record does
not support the Conclusions of Law as set forth by the Hearing
Officer. For example, correspondence from the Building, Plan-
ning, and Zoning Departments, individual meetings with a commis-
sioner, encouragement or approval by unnamed parties, and even
3
the Board's recommendation of a zoning designation with special
language do not and cannot combine to total a valid, unexpired
governmental act of Monroe County approving a specific project.
This is especially true when all parties were aware of an impend-
ing change in the County's land use plan and during the adminis-
trative process of submission of the plan to the State. The
facts described in the record illustrate only a dialogue regard-
ing development possibilities. In fact, in paragraph 10 of the
Petitioners' Conclusions of Law (adopted by the Hearing Officer)
it is admitted that "final approval of the Lighthouse Harbor
project was at least, in part ~fecluded by the actions of Monroe
County itself ...."
Regarding Tropic-South's alleged expenditures on Boot Key,
other than the unbuttressed claims of its representative, there
is no record of any other funds spent to date, excepting the
aforesaid $5,436.89. The Hearing Officer's Order, predicated
upon such unfounded Conclusions is, therefore, contrary to the
requisite Code standards.
Additionally, the Hearing Officer erroneously found that the
application for vested rights was not deficient (in violation of
Code Section 9.5-182), and that both Petitioners, Tropic-South,
Inc. and North Carolina National Bank had standing to pursue this
vested rights actions.
Finally, even if an award of some vested rights was apropos,
which is denied, the Hearing Officer's Order, allowing a colossal
development project is violative of Code Section 9.5-184 which
4
necessary to grant an applicant a reasonable return on his
investment made before the effective date of this chapter.
Section 2.
That the Clerk of the Board is hereby direct-
ed to forward a certified copy of this document to the Department
of Community Affairs, P. O. Box 990, Key West, FL 3304l.
DATED this
_ day of _.An.
, 1991.
By:
..LIM
RayorlCliaTrman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
1 -
tS'eputy Clerk
l.... A....
vitropic
'Y
Da t2R
5