04/24/1991 Regular
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Regular Meeting
Board of County Commissioners
Wednesday, April 24, 1991
Key Largo
. A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the Monroe County Library in Key Largo. 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 Mayor Harvey to approve additions, deletions and correc-
tions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of the January Employee of the Month
Award was made to Angela Roberts, Planning Technician,
Planning Department.
The Board approved a Mayor's Proclamation
proclaiming April 21 - 27, 1991, as Big Brothers/Big Sisters
Appreciation Week in Monroe County.
The Board approved a Mayor's Proclamation
proclaiming the month of May 1991 as Older Americans' Month
in Monroe County.
The Board approved a Mayor's Proclamation
proclaiming May 6 - 12, 1991 as Nurse Week in Monroe County.
The Board approved a Mayor's Proclamation
proclaiming the week of May 12 - 18, 1991 as Emergency
Medical Services Week in Monroe County.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner London to approve the following
items by unanimous consent:
MISCELLANEOUS BULK APPROVALS
Board authorized any member of the Board of County
Commissioners to attend the NACO Conference in Salt Lake
City, Utah on July 12-16, 1991.
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Board adopted the following Resolution amending Resolution
No. 057-1991 in order to correct a scrivenor's error by
clarifying the initial terms of the Monroe County Marine and
Port Advisory Committee members.
RESOLUTION NO. 138-199l
See Res. Book No. 99 which is incorporated herein by
reference.
Board approved and authorized execution of a Mutual Release
and Rescission of Concession Agreement with APCOA, Inc.
regarding the public parking facilities at the Key West
International Airport.
Board approved and authorized execution of Change Order
No. I to the Shore Drive Bridge Contract with Frank Keevan
and Son, Inc. for a net increase of $2,000.00 and fifteen
days.
Board approved and authorized execution of Addendum to
Agreement with Jayne's Cleaning Service, Inc. for renewal of
janitorial services provided to Cudjoe Key Sheriff's
Substation and District II County Commissioner's Office.
ADVERTISEMENTS
Board granted permission to advertise RFP for Airport
Liability Insurance for the Key West International and
Marathon Airports.
Board granted permission to advertise for Public Hearing a
proposed Ordinance suspending the rezoning of property until
the Land Use Plan becomes effective.
Board granted permission to advertise for Public Hearing a
proposed Ordinance to provide additional compensation to the
newly-employed Municipal Service Division Director.
Board granted permission to remove the following surplus
property from the Key West Library inventory and advertise
for sealed bids:
2600-625
Adler Electric Typewriter
Trophy Case
Two Steno Chairs
Record Browser Unit
Record Browser Unit
Record Carousel
Two IBM Selectric II Typewriters
Adler Electric Typewriter
Hamilton Record Player
Bell & Howell Microfilm Reader
Kodak Ektagraphic Visualmakerframe
Viewlex Microfilm Strip Projector &
Singer Insta-load
Adler Electric Typewriter
BSR Compact Disk Player
SONY HST79 Radio Receiver
SONY Automatic Changer
Technics M-18 Cassette Deck
Centrex pioneer Cassette Player
Record Player
2600-268
2600-289
2600-4ll
2600-459
2600-753
2604-2
Board granted permission to remove the following surplus
property from the Public Service Building's Inventory and
advertise for sealed bids:
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0970-94
0801-41
4102-156
1001-204
3407-95
IBM Selectric II Typewriter
IBM Selectric Typewriter
IBM Selectric II Typewriter
Victor 860 Calculator
Victor 670 Calculator
Sharp EL2630A Calculator
Texas Instruments T15045 Calculator
Board granted permission to remove the following surplus
property from the Court Administrator's Inventory and adver-
tise for sealed bids:
0601-80
060l-8l
0601-77
0601-78
0601-18
2322A-75
2322C-5
Compu-corp Printer
Compu-corp Computer
Compu-corp Computer
Compu-corp Printer
Monroe Calculator
Planter Box
IBM Typewriter
REFUND REQUESTS
Board authorized payment of refund in the amount of $325.00
to David Paul Horan & Associates, P.A. inasmuch as an appeal
was withdrawn before processing.
I Board authorized payment of refund in the amount of $100.00
to Regency Homes, Inc. inasmuch as the Building Department
erred in calculating the building permit fees.
MISCELLANEOUS BULK APPROVALS
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Edward E. and Karen B. Veara for a garage of greater than
300 square feet below base flood elevation on Lots 29 and
29A, Amended Plat of Harbour Islandd, Duck Key; Zoned IS-M;
Coastal Flood Zone AE9, Panel 1293F.
Board adopted the following Resolution amending Resolution
No. 656-1990 concerning the receipt of unanticipated funds.
RESOLUTION NO. 139-199l
See Res. Book No. 99 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
transfer of funds.
RESOLUTION NO. 140-1991
RESOLUTION NO. 141-1991
RESOLUTION NO. 142-1991
RESOLUTION NO. 143-1991
See Res. Book No. 99 which is incorporated herein by
reference.
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Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 144-1991
RESOLUTION NO. 145-1991
RESOLUTION NO. 146-1991
RESOLUTION NO. 147-1991
RESOLUTION NO. 148-1991
RESOLUTION NO. 149-1991
RESOLUTION NO. 150-1991
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See Res. Book No. 99 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Board awarded bid to Frank Keevan and Son, Inc. for the
Summerland Key Roads I, Caribbean Drive West, Roadway
Improvements Project in the amount of $lI4,701.95 and
approved and authorized execution of contract for same.
TOURIST DEVELOPMENT COUNCIL
Board approved payment of Tourist Development Council expen-
ditures in the amount of $24l,956.34 (Input Date 3/31/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $87,116.58 (Input Date 3/31/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $8,704.8l (Input Date 3/31/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $29,l75.89 (Input Date 3/31/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $33,377.65 (Input Date 3/31/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $78,055.65 (Input Date 3/31/9l),
subject to final invoice approval by the County Finance
Department.
Board adopted the following Resolutions transferring funds.
RESOLUTION NO. 151-1991
RESOLUTION NO. 152-199'
See Res. Book No. 99 which is incorporated herein by
reference.
Board approved an amount not to exeed $6,400.00 for par-
ticipation in Florida Division of Tourism Japan Sales
Mission.
Board approved an amount not to exeed $739.49 for costs
associated with 1991 Sales & Marketing Plan incurred by Keys
Advertising and Marketing, Inc.
Board approved an amount not to exceed $325.00 to produce
Updated Operations Manual.
Board approved an amount not to exceed $435.00, District II,
Third Penny, Promotion & Advertising, to capital outlay for
portion of cost of a video/VCR for Chamber Office.
Board approved an amount not to exceed $1,500.00, District
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III, Third Penny, District Allocation for travel expense for
B. Neiman.
Board approved an additional amount of $29,276.79 for
District Advertising Campaign, District V, Third Penny
Promotional & Advertising.
-- Board adopted the following Resolution transferring funds.
RESOLUTION NO. 153-1991
See Res.. Book No. 99 which is incorporated herein by
reference.
Board approved and authorized execution of Addendum to Trade
Show Assistant Agreement with Betty Hibbs in the amount of
$290.00.
Board approved changes made to the National Major and Local
Major Event contract formats regarding ownership, media
rights and logo.
Board granted permission to advertise for a Supplemental
Budget Hearing for all TDC funds in the amount of
$224,695.35.
Board adopted the following Resolution transferring funds.
RESOLUTION NO. 154-199l
See Res. Book No. 99 which is incorporated herein by
reference.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $1,000.00 (Input Date 4/11/91),
subject to final invoice approval by the County Finance
Department.
Board approved and authorized execution of a Local Major
Event contract with Holiday Isle Resorts and Marina for the
ISlamorada-Holiday Isle Gran Prix Series Championship Race
in the amount of $3,000.00.
COUNTY ADMINISTRATOR
Board approved and authorized payment of the following
invoices:
I. Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A., in the amount
of $7,409.66, for professional services
through 3/31/91.
2. Rosenman & Colin, in the amount of
$2,910.95, for professional services re
Monroe County Translator System for the
month of November, 1990.
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3. Rosenman & Colin, in the amount of
$2,318.10, for professional services re
Monroe County Translator System for the
month of January, 1991.
4. Rosenman & Colin, in the amount of
$3,960.41, for professional services re
Monroe County Translator System for the
month of February, 1991.
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5. Public Financial Management, Inc., in
the amount of $2,615.00, for financial
advisory services for the month of
March.
6. Mayor Wilhelmina Harvey, in the amount
of $115.93, for camera, case and film.
7. Florida League of Cities, Inc., in the
amount of $42,253.00, for Liability
Audit Premium for 1989/1990 policy.
COUNTY CLERK
Board approved the following Warrants:
GENERAL REVENUE FUND, #146548-#147743, in the
amount of $8,920,618.22. ----
MONROE COUNTY REHABILITATION, #53-#54, in the
amount of $10,919.05.
SUPPLEMENT TO GENERAL REVENUE FUND, #376-#378, in
the amount of $37,18~52.
FINE & FORFEITURE FUND, #1085-#1089, in the amount
of $2,002,038.83.
AIRPORT OPERATION & MAINTENANCE FUND, #659-#661, in
the amount of $33,136.69.
ROAD & BRIDGE FUND, #652-#654, in the amount of
$437,072.~ - ----
MSD TAX DISTRICT, #1538-#1540, in the amount of
$428,218.79. ---
MSD TAXING DISTRICTS 701-711, #596-#598, in the
amount of~96,027.35.
MSD - PLEDGED FUNDS, #226-#227, in the amount of
$900,000.00.
LAW LIBRARY FUND, #332, in the amount of $456.80.
CAPITAL PROJECTS FUND, #484-#488, in the amount of
$94,888.91.
MONROE COUNTY GROUP INSURANCE, #443-#448, in the
amount of $506,716.44.
CARD SOUND BRIDGE FUND, #371-#373, in the amount of
$120,404.~
WORKERS COMPENSATION, #3590-#3595, in the amount of
$36,641.23.
TOURIST DEVELOPMENT COUNCIL, #706-#709, in the
amount of $603,188.32.
TRANSLATOR FUND, #308-#310, in the amount of
$83,093.07.
FAIR SHARE IMPROVEMENT TRUST FUND, #49-#50, in the
amount of~238.85.
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RISK MANAGEMENT FUND, #126-#128, in the amount of
$22,885.4-=;-:-
MONROE COUNTY TRUST FUND ACCOUNT, #1004, in the
amount of $5,829.95.
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #315=#317, in the amount of
$217,576.48.
. UPPER KEYS TRAUMA DISTRICT, #79-#80, in the amount
of $112,641.22.----
SALES TAX BOND ANTICIPATION NOTES, #021, in the
amount of $229,588.~
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Mental
Health Care Center of the Lower Keys, in the amount of
$800.00; A. Louis O'Connor, Ph.D., in the amount of $600.00;
Guillermo D. Marcovici, in the amount of $400.00.
COURT-APPOINTED ATTORNEYS, Candida A. Cobb, in the
amount of $250.00; Michael E. Cox, in the amount of $721.75;
I William Kuypers, in the amount of $2,159.50; Leonard F.
Mikul, in the amount of $6,638.00; George Quinell, in the
amount of $360.00; John P. Rotolo, in the amount of
$1,969.75; Tittle & Tittle, P.A., in the amount of $418.50;
Joseph B. Wolkowsky, in the amount of $725.45; Donald E.
Yates, in the amount of $2,870.50.
OTHER EXPENSES, Associated Investigative Agents,
Inc., in the amount of $775.00; Mark C. Amerling, in the
amount of $1,050.00; Louis Spallone, in the amount of
$1,250.00; State of Florida, in the amount of $2,102.96.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $761.16; Kathleen Fegers, in the
amount of $1,458.75; Florida Keys Reporting, in the amount
of $1,261.50; Amy Landry, in the amount of $324.00; Nancy
Maleske, in the amount of $330.75; National Reporting
Service, in the amount of $81.75; Nichols & Hardy, in the
amount of $245.00.
COURT INTERPRETER SERVICES, J. R. Alayon, in the
amount of $185.00; Juan Borges, in the amount of $685.00;
Julie Barish, in the amount of $110.00; Marika Cross, in the
amount of $30.00; Jerome Grapel, in the amount of $25.00;
Mayda Maloney, in the amount of $120.00; William Mota, in
the amount of $85.00; Marie L. Kuechler, in the amount of
$25.00; Fermin Pastrana, in the amount of $40.00; J. S.
Phillips, in the amount of $50.00; Alexandra Ramos, in the
amount of $70.00; Lisa Roeser, in the amount of $320.00;
Susan Tellez, in the amount of $25.00; Ronald Tustanowskin,
in the amount of $30.00.
EXPERT WITNESS FEES, Deborah A. Harrison, Ph.D., in
the amount of $1,000.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $1,486.76; Regular Witness Fees, in the amount of
$275.00.
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Board approved Minutes of the following meetings of the
Board of County Commissioners:
March 11, 1991
March 12, 1991
March 13, 1991
March 14, 1991
March 28, 1991
Board authorized Tax Collector to issue Duplicate Tax Sale
Certificate to Gary Young to replace lost Tax Sale
Certificate No. 52 dated May 17, 1989, in the amount of
$405.68.
Board authorized Tax Collector to issue Duplicate Tax Sale
Certificate to Marvin Cooper, Trustee for Motel Management
Company Pension Plan, to replace lost Tax Sale Certificate
No. 2847 dated May 22, 1985, in the amount of $24.13.
Board accepted Sheriff's Contraband Forfeiture Quarterly
Report for the quarter ending March 31, 1991 (pursuant to
Florida Statutes 932.704(5)).
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to make the following amend-
ments to the proposed revised TDC Policies and Procedures:
1. Section II, Page 3:
A. Second paragraph - First sentence - Change
wording to reflect State law:
"The MCTDC is an advisory body to the
Board of County Commissioners...."
(Florida Statutes 125.0104(4){e))
B. Second paragraph - Last sentence - Change
wording to reflect State law:
"The Mayor of Monroe County or his/her
designee......" (Florida Statutes
125.0104(4)(e))
C. Third Paragraph - first sentence - Change
wording to reflect State law:
"By Statute, the MCTDC is required to
make recommendations to the Board of
County Commissioners for the effective
operation of the special projects, or
for uses of the tourist development tax
revenue, and shall review expenditures
of revenues from the tourist development
trust fund." (Florida Statutes
125.0104(4)(e))
2. Section II, Page 14:
A. Under The First Two Cent Budqet and Expenditures
section, add a fifth paragraph:
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"However, since the MCTDC is only an
advisory body of the Monroe County Board
of County Commissioners, the MCBOCC re-
serves final authority over all budget
and expenditures."
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B. Under The Third Cent Budqet and Expenditures
section, add a fifth paragraph:
"Since the Third Cent Budget is reserved
for specific tourism development efforts
of each of the districts, the Board of
County Commissioners reserves the final
decision as to approval or rejection of
those efforts, on an individual basis."
Roll call vote was unanimous. Motion was then made by
Commissioner Stormont and seconded by Commissioner Jones to
postpone the approval of the TDC Policies and Procedures and
refer the action of this Board to the TDC for approval of
the entire manual. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner London and seconded
by Commissioner Jones to advertise for bids for delivery of
Number Two Diesel Fuel and to extend the existing contract
with Blaylock Oil Company for sixty days. Roll call vote
was unanimous.
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Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to advertise for bids for delivery of
Unleaded Gasoline and to extend the existing contract with
Dion Oil Company for sixty days. Motion carried unani-
mously.
Jane Bowen of the Domestic Abuse Shelter addressed
the Board and requested permission for Domestic Abuse
Shelter to use Sombrero Beach on May 26, 1991 with approval
for the sale of alcohol, approval contingent upon park
availability and proper insurance and permits. Motion was
made by Commissioner Cheal and seconded by Commissioner
Jones to approve with no waiver for the use or sale of alco-
holic beverages. Roll call vote was unanimous.
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Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve the request by Jordan Klein
Film & Video to use Card Sound Bridge on April 28, 1991 for
filming, contingent upon receipt of a Certificate of
Insurance and the original notarized Hold Harmless
Agreement prior to April 28th, and the requirement of the
payment of $200.00 for costs incurred by the County for pro-
cessing. Roll call vote was unanimous. Motion was then
made by Commissioner Cheal and seconded by Commissioner
London to direct Staff to develop a fee structure for this
and other types of events. Motion carried unanimously.
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
Doug Fuller of Morrison-Knudsen/Gerritts addressed
the Board. Motion was made by Commissioner Cheal and
seconded by Commissioner Jones to accept Staff recommen-
dation to award the Materials Testing Services (primarily
soils and concrete) for Capital Improvements Projects to KBC
Consultants. Motion carried unanimously.
I
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Motion was made by Commissioner Jones and seconded
by Commissioner London to approve and authorize execution of
Change Order No. 1 to the contract with Wortech, Inc. for
asbestos abatement on the Truman School Building setting out
a decrease of $1,027.25 and also to approve Final Payment to
Wortech, Inc. Roll call vote was unanimous.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve and authorize execution of
contract with Petsche & Associates, Inc. to provide
Surveying and Sub-surface Investigations for Monroe County
Capital Improvement Projects for the period of one year.
Roll call vote was unanimous.
COUNTY ATTORNEY
County Attorney Randy Ludacer addressed the Board
regarding the Consent Decree on the Federal Jail Suit, a
discussion with Tax Collector Harry Knight concerning ordi-
nances for the issuance of occupational licenses for fortune
tellers and also an ordinance on the books concerning the
County's issuance of gun permits, both of which should be
repealed.
Mr. Ludacer discussed the results to date of his
negotiations with Advanced Structures, Inc. on outstanding
claims. He recommended that the County approve the sum of
$68,124.00, consisting of certain engineering fees and out-
of-pocket delay costs, in full settlement of Advanced
Structures' claim. Motion was made by Commissioner Jones
and seconded by Commissioner London to approve Mr. Ludacer's
recommendation. Sheri Smallwood, attorney representing
Advanced Structures, was in the audience. She addressed the
Board and advised that her clients would accept this matter
in satisfaction of all claims against Monroe County. Roll
call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner London Yes
Commissioner Stormont No
Mayor Harvey Yes
Motion carried.
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DISTRICT #1
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, Douglas
Jones, Jack London, and Chairman Earl Cheal. Absent from
the meeting was Hal Halenza.
Motion was made by Commissioner Feiner and seconded
by Commissioner Jones to approve and authorize execution of
Amendment to Contract with Dowling Fire Equipment, Inc. for
fire apparatus reconditioning which will result in a net
price reduction to the contract of $981.00. Roll call vote
was unanimous.
There being no further business, the meeting of the
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Board of Governors of District #1 Lower and Middle Keys Fire
and Ambulance District adjourned.
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The Board of County Commissioners reconvened with
all Commissioners present.
COUNTY ATTORNEY
Mr. Ludacer addressed work on the Public Parking
Ordinance relative to US-I.
He also addressed a letter received from the Soap
Association and DER's action on Monroe County's Phosphate
Ordinance. Motion was made by Commissioner Jones to hire
Dr. LaPointe to determine the appropriate ratio from the
requirements of the Ordinance concerning powder versus
liquid detergents. During discussion, the motion was
withdrawn. After further discussion, motion was made by
Commissioner Stormont and seconded by Commissioner Jones
reaffirming the Board's position regarding the implemen-
tation of the Phosphate Ordinance, No. 029-1989, and recom-
mending that appropriate methodology be formulated to meet
that intent. Roll call vote was taken with the following
results:
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
Yes
No
Motin carried. Motion was then made by Commissioner Jones
and seconded by Commissioner London authorizing the County
Attorney to hire an appropriate individual to determine the
ratio of powdered versus liquid detergents in terms of the
effect of the requirements of the Ordinance. Motion carried
unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to authorize the adver-
tisement of the proposed Ordinance concerning camping.
Motion carried unanimously.
The County Attorney advised the Board of a com-
munication from attorney Henry Morgenstern concerning the
activities of Public Works Division Director Dent Pierce and
Community Services Division Director Peter Horton relative
to mangrove cutting.
Mr. Ludacer discussed receipt of a letter from
attorney Jim Hendrick concerning the Key West Airport
reverter issue. He advised the Commission that he would be
meeting with Mr. Hendrick to discuss his claim.
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The County Attorney discussed FEMA and the
insurance questions concerning Big Pine Key.
Mr. Ludacer advised of a recent positive decision
concerning the County in a Federal lawsuit involving James
Michael Schmelz, a former inmate of the County Jail.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve and authorize execution of
,
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~1I/5~J?
a contract with E. Bruce Johnson of the Law Office of
Johnson, Anselmo & Murdoch in Fort Lauderdale to represent
the County in the case of Leo Payne v. Monroe County. Roll
call vote was unanimous.
Motion was made by Commissioner Jones and seconded
by Commissioner London to adopt the following Resolution
prohibiting parking on property owned by Monroe County which
is not a street, highway or right-of-way within the
Unincorporated Area of Monroe County, unless designated a
parking area, and providing a penalty therefor, after
amending said Resolution to state that the non-criminal
civil penalty for a violation shall be One Hundred Dollars
($100.00) instead of Fifty Dollars ($50. 00) . Roll call vote
was unanimous.
RESOLUTION NO. 155-1991
See Res. Book No. 99 which is incorporated herein by
reference.
The County Attorney, the County Administrator and
Doug Fuller of Morrison-Knudsen/Gerritts addressed the Board
concerning the City's requirements relative to permitting of
the Jail at the Stock Island site. After discussion and
based upon a recommendation of the County Attorney, motion
was made by Commissioner London and seconded by Commissioner
Stormont to proceed pursuant to the requirements of Chapter
164 of the Florida Statutes and advise the City of the
County's intention to file a suit relative to their require-
ment of payment of $250,000.00 for a fire truck, denial of
the County's plans for a tertiary water treatment plant and
road impact fee requirements, all pursuant to Resolution No.
91-113 of the City Commission. Roll call vote was taken
with the following results:
Commissioner Cheal Yes
Commissioner Jones No
Commissioner London Yes
Commissioner Stormont Yes
Mayor Harvey Yes
Motion carried.
Attorney Bill Spottswood addressed the Board con-
cerning the proposed relocation of drainage easement
Charles V. Daley, Tertth Addition, Key Haven. After
discussion, motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to continue this item.
Engineering Director David Koppel addressed the Board. Roll
call vote was taken with the following results:
Commissioner Cheal Yes
Commissioner Jones No
Commissioner London No
Commissioner Stormont Yes
Mayor Harvey No
Motion failed.
The Board recessed for lunch.
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The Board reconvened with all Commissioners pre-
sent.
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COUNTY ATTORNEY
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The Board resumed discussion of the proposed relo-
cation of drainage easement on Key Haven. Motion was made
by Commissioner Jones and seconded by Commissioner London to
approve per the County Attorney's recommendation concerning
amendments to the proposed easement and then adopt the
following Resolution approving a Declaration of Easement for
relocation of an existing easement, and authorizing the
Mayor of Monroe County to execute a Release of the existing
easement concerning property located in Key Haven lOth
Addition, Monroe County. Roll call vote was unanimous.
RESOLUTION NO. 156-1991
See Res. Book No. 99 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Ellen McFadden of the Islamorada Chamber of
Commerce addressed the Board regarding the purchase of
playground equipment for Islamorada Park. Motion was made
by Commissioner Cheal and seconded by Commissioner Jones to
approve an appropriation of an amount not to exceed
$25,000.00 for the purchase of playground equipment, said
amount to corne from impact fees and/or capital project
funds, with possible reimbursement from the Tourist
Development Council. Roll call vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner London to approve and authorize
execution of a time extension with the Florida Department of
Transportation regarding the Long-Range Transportation Plan.
Roll call vote was unanimous.
The Board discussed Post Buckley Schuh & Jernigan's
Project for Harry Harris Park Improvements as set out in
their proposal dated March 14, 1991. Motion was made by
Commissioner Stormont and seconded by Commissioner Cheal to
approve only Tasks 1, 3 and 7 as the priority tasks to be
accomplished at this time. Roll call vote was unanimous.
Mike Lawn, Facilities Maintenance Director,
addressed the Board. Motion was made by Commissioner Jones
and seconded by Commissioner Cheal to terminate the contract
with Mowrey Elevator Service, Inc. for elevator inspection
and maintenance at the Courthouse Annex with a ninety-day
notice. Roll call vote was unanimous.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to terminate the contract with Mowrey
Elevator Service, Inc. for elevator inspection and main-
tenance at the Ellis Building, Plantation Key. Motion
carried unanimously.
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Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to advertise for bids for elevator
inspection and maintenance for the Ellis Building,
Plantation Key. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to terminate the contract with Miami
Elevator Company for inspection and maintenance of elevators
at the Monroe County Courthouse. Motion carried unani-
mously.
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Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to advertise for bids for elevator
inspection and maintenance at the Monroe County Courthouse.
Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to postpone to May lst con-
sideration of the award of bid and contract concerning the
Stand-Alone 'roll Lane Equipment for the Card Sound Toll
Booth. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to accept Staff recommendation to
award bid to UROK, Inc. for plumbing maintenance and repairs
and to authorize execution of contract for same at $31.50
per person/per hour. Motion carried unanimously with
Commissioner London not present.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to accept Staff recommendation to
award bid to Pedro Falcon Electrical for electrical main-
tenance and repairs and to authorize execution of contract
for same at $23.40 per person/per hour. Motion carried una-
nimously with Commissioner London not present.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to accept Staff recommendation to
award bid to Parker Refrigeration for air-conditioning main-
tenance and repairs and to authorize execution of contract
for same at $38.00 per person/per hour. Motion carried
unanimously with Commissioner London not present.
Motion was made by Commissioner Jones and seconded
by Mayor Harvey to accept the proposal received from
Missimer & Associates, Inc. to repair the underground
storage fuel tanks at the Key West and Plantation Key Garage
Facilities in the amount of $18,240.00, and to authorize the
Mayor to execute same. Roll call vote was unanimous.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to add to the Agenda as Item
J-l a proposed agreement with Wallace Roberts & Todd. Roll
call vote was unanimous. Lorenzo Aghemo, Planning Director,
addressed the Board. Motion was made by Commissioner
Stormont and seconded by Mayor Harvey to approve and
authorize execution of the Agreement For Professional
Services with Wallace Roberts & Todd to render and perform
consulting and other professional services in connection
with the Comprehensive Plan. Roll call vote was taken with
the following results:
Commissioner Cheal No
Commissioner Jones No
Commissioner London Yes
Commissioner Stormont Yes
Mayor Harvey Yes
Motion carried.
COMMISSIONERS' ITEMS
Motion was made by Commissioner London and seconded
by Commissioner Stormont to reconsider the Board's previous
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action concerning the Administrative Boundary Determination
Number 65 of Lots I, 2, 3 and 4, Block 1 and Lots 1, 2 and
3, Block 19, Breezeswept Beach Estates, Ramrod Key. Motion
carried unanimously. Motion was then made by Commissioner
London and seconded by Mayor Harvey to adopt the following
Resolution accepting the recommendation of the Planning
Department Staff that the designation of the referenced lots
should be changed from Native (NA) to Improved Subdivision
(IS) Land Use District designation. Roll call vote was
taken with the following results:
Commissioner Cheal No
Commissioner Jones Yes
Commissioner London Yes
Commissioner Stormont Yes
Mayor Harvey Yes
Motion carried.
RESOLUTION NO. 157-1991
See Res. Book No. 99 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to adopt a Resolution
creating a Mosquito Control District Review Committee.
Motion was then made by Commissioner Cheal to amend to
include the County Administrator and the Executive Director
of the Mosquito Control District on the Review Committee.
The amendment was accepted by the maker and became part of
the original motion. Roll call vote on the motion was taken
with the following results:
Commissioner Cheal Yes
Commissioner Jones No
Commissioner London No
Commissioner Stormont Yes
Mayor Harvey No
Motion failed.
Division Director George Harper and Keith Spencer
of the Information Systems Department addressed the Board
regarding Vehicle Data Base Software. No action was taken.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to adopt the following Resolution pro-
viding for the appointment of additional committee members
to the existing Substance Abuse Policy Board. Roll call
vote was unanimous.
RESOLUTION NO. 158-1991
See Res. Book No. 99 which is incorporated herein by
reference.
MUNICIPAL SERVICE DISTRICT
Division Director Charles Aguero discussed approval
for a lease with Florida Gas Terminals, Inc. for their use
of the County's propane tank located at Key Largo. Motion
was made by Commissioner Cheal and seconded by Commissioner
Jones to deny and authorize the issuance of RFP's for any
and all possible excess locations that might be available
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for lease. Peter Ryan of Public Gas addressed the Board.
Roll call vote was unanimous.
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to approve and authorize execution
of a Professional Service Agreement with GSX Services for a
two-day household hazardous waste collection. Roll call
vote was unanimous.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to authorize for the Mayor's signa-
ture a letter regarding mitigation for illegal fill dumped
on Cudjoe Key. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded
by Commissioner London to approve the appointment of Judge
Richard Payne and Mayor Wilhelmina Harvey to the Substance
Abuse Policy Advisory Board. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve that the following preface
to bulk items be read by the designated Commissioner:
"Bulk items are normally of a routine
nature and have been reviewed by each
commissioner prior to the meeting. I
will read the agenda number of those
items proposed to be passed in bulk.
If a commissioner, staff member or any
member of the public wishes that item
to be withheld, please indicate at the
time the item is called and it will be
held aside. I move the following
items be approved in bulk: Cl, C2,
etc.......
Motion carried unanimously.
The subject of compiling all BOCC policies in one
document for ease of review and update was referred to
Staff.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to include the purchase of a new ele-
vator for the Courthouse Annex building in next year's
budget. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Mayor Harvey to appoint Barbara Moorreale to the Code
Enforcement Board. Roll call vote was taken with the
following results:
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner London No
Commissioner Stormont No
Mayor Harvey Yes
Motion carried.
The Board discussed re-districting. Motion was
made by Commissioner Stormont and seconded by Commissioner
London directing the County Administrator and Staff to work
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with the Supervisor of Elections to evaluate the system and
implementation schedule. Roll call vote was unanimous.
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Motion was made by Commissioner Jones and seconded
by Commissioner London to decline the purchase of a parcel
of land on Key Largo (Wainwright Enterprises; Lake
Surprise). Roll call vote was taken with the following
results:
Commissioner Cheal No
Commissioner Jones Yes
Commissioner London Yes
Commissioner Stormont Yes
Mayor Harvey Yes
Motion carried.
Motion was made by Mayor Harvey and seconded by
Commissioner Jones to approve the preparation of an addi-
tional Agenda Packet for the public and the press. Dan
Keating, Bill Becker and Pam Martin addressed the Board.
Roll call vote was unanimous.
Motion was made by Commissioner Cheal and seconded
by Commissioner Stormont to approve the County's co-
sponsoring Reef Relief's Island Clean-Up on May 18, 1991.
During discussion, motion was made by Commissioner Cheal and
seconded by Commissioner Jones to continue this item to the
May 1st meeting for the conclusion of the County
Administrator's negotiation with Montenay concerning the use
of the incinerator. Roll call vote was unanimous.
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Motion was made by Commissioner London and seconded
by Mayor Harvey to adopt the following Resolution in support
of Federal funding for the Florida Keys National Marine
Sanctuary. Pam Martin addressed the Board. Roll call vote
was unanimous.
RESOLUTION NO. 159-1991
See Res. Book No. 99 which is incorporated herein by
reference.
Motion was made by Commissioner London and seconded
by Commissioner Jones to adopt the following Resolution con-
cerning abolishment of the two-day sport diving lobster
season. Roll call vote was unanimous.
RESOLUTION NO. 160-1991
See Res. Book No. 99 which is incorporated herein by
reference.
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Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to adopt the following
Resolution urging the Department of Environment Regulation
of the State of Florida to vigorously pursue the support of
and the accceptance of Monroe County Ordinance No. 029-1989
and urging the Governor of the State of Florida, the Florida
Cabinet, and Legislators representing Monroe County, Florida
to actively and diligently pursue implementation of such
standards State-wide. Roll call vote was unanimous.
RESOLUTION NO. 161-1991
See Res. Book No. 99 which is incorporated herein by
reference.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to direct the County Administrator to
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make recommendations to the Mayor concerning the purchase of
momentoes and to seek TDC funding. Motion carried
unanimously.
Motion was made by Mayor Harvey and seconded by
Commissioner Jones to approve a Proclamation proclaiming
May 11 - May 15 as Peace Officers Memorial Week in Monroe
County. Motion carried unanimously.
COUNTY ADMINISTRATOR
County Administrator Tom Brown reminded the Board
of the May 1st Budget Meeting at 9:00 a.m. at the Lions Club
in Key West.
Motion was made by Mayor Harvey and seconded by
Commissioner Jones to approve adding an Agenda Packet for
placement at the Islamorada Library, and also to authorize
the standardization of all items submitted for the Agenda to
a paper size of 8! x 11. Motion carried unanimously with
Commissioner Stormont not present.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve the following appointments
to the Marine and Port Advisory Committee:
Vern Pokorski
Bill Moore
Alan Farago
Mark Clark
Tim Daniels
Pam Martin
Motion carried unanimously with Commissioner Stormont not
present.
The County Administrator discussed a proposal to
have MAVRO Restitution Funds corne to the County in return
for an Agreement between the City and County, whereby the
County would fund repair work to correct leaks in City gas
tanks. Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to pursue the proposal if legally possible
and contingent upon the City dropping their demands con-
cerning the jail construction as contained in their
Resolution No. 91-113. Roll call vote was made with the
following results:
Commissioner Cheal Yes
Commissioner Jones No
Commissioner London Yes
Commissioner Stormont Yes
Mayor Harvey Yes
Motion carried.
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to appoint Skip Cruz and Jim
Hoefert to the Marine and Port Advisory Committee. Motion
carried unanimously.
COUNTY CLERK
Clerk Danny Kolhage discussed the proposal to
purchase payroll software. Motion was made by Commissioner
Cheal and seconded by Commissioner Jones to approve the
UU 1 9 3
purchase of payroll software from Moore Data Systems, Inc.
in the amount of $45,000.00 as a sole source vendor since
this software integrates and makes use of existing software
currently being utilized for the financial management
systems, with funding to come from the Clerk's budget and
the budget of the County Administrator. Roll call vote was
unanimous.
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There being no further business, the meeting was
adjourned.
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