10/09/1991 Regular
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090
Regular Meeting
Board of County Commissioners
Wednesday, October 9, 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 Jones and seconded
by Commissioner Cheal to approve additions, deletions and
corrections to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Motion was made by Mayor Harvey and seconded by
Commissiorier London to approve a letter of appreciation to
the Fire Resources Review Committee. Motion carried unani-
mously.
Mayor Harvey presented a Mayor's Proclamation which
declared October 6 - 12, 1991 as Respiratory Care Week in
Monroe County.
BULK APPROVALS
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve the following items by una-
nimous consent:
MISCELLANEOUS BULK APPROVALS
Board approved removal of the following surplus property
from Public Works - Facilities Maintenance inventory:
5222-25
0903-284
0903-257
0903-254
Air-Conditioner
Air-Conditioner
Air-Conditioner
Remington Stud Driver
Board adopted the following Resolution accepting the Waste
Tire Grant from the Florida Department of Environmental
Regulation and authorizing the Mayor to execute a Grant
Agreement in furtherance thereof.
RESOLUTION NO. 353-1991
See Res. Book No. 101 which is incorporated herein by
reference.
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Board adopted the following Resolutions concerning the
transfer of funds.
RESOLUTION NO. 354-1991
RESOLUTION NO. 355-1991
RESOLUTION NO. 356-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolution concerning the
receipt of unanticipated funds.
RESOLUTION NO. 357-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing a modifi-
cation to the Warning and Communications Grant Agreement
between Monroe County and the Department of Community
Affairs.
RESOLUTION NO. 358-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the sub-
mission of the Litter Prevention Grant to the Clean Florida
Commission for Fiscal Year 1991-92.
RESOLUTION NO. 359-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
filing of a Grant Application with the Florida Department of
Natural Resources, Boating Improvement Fund, and directing
the execution of same by the proper authorities, for the
emergency repair of daymarkers in Kemp Channel and Tavernier
Creek.
RESOLUTION NO. 360-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
filing of a Grant Application with the Florida Department of
Natural Resources, Boating Improvement Fund, and directing
the execution of same by the proper authorities, for the
emergency repair of a daymarker in Windley Key.
RESOLUTION NO. 361-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board approved removal of the following surplus property
from Community Services - Social Services inventory:
5347.05-2
5347.05-5
1823-7
1823-4
1809-1
1809-2
5347.05-13
5347.05-8
1809-4
Letter Size File Cabinet
Secretarial Chair
Legal Size File Cabinet
Legal Size File Cabinet
Steel Storage Cabinet
Cassette Recorder
Carousel Slide Projector
Electronic Printing Calculator
50" x 50" Movie Screen
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Board approved and authorized execution of a Sign Lease with
Dynasty Express Corp. d/b/a General Rent A Car for space at
the Marathon Airport.
Board approved and authorized execution of a Sign Lease with
Hawk's Cay Resort and Marina for space at the Marathon
Airport.
Board approved and authorized execution of a Lease Agreement
with Old Town Trolley, Inc. for a gazebo sign at the Key
West International Airport.
Board approved and authorized execution of a Sign Lease with
Value Rent-A-Car for space at the Key West International
Airport.
Board approved and authorized execution of a Sign Lease with
The Pier House Inn And Beach Club C.S.M.C. Of Key West,
Agent For Pier House Joint Venture, for space at the Key
West International Airport.
Board approved and authorized execution of a Sign.Lease with
Vehicle Management Services, Inc. d/b/a Thrifty Rent A Car
for space at the Key West International Airport.
Board approved and authorized execution of a Sign Lease with
Me1 Fisher Maritime Heritage Society, Inc. for space at the
Key West International Airport.
Board approved and authorized execution of a Sign Lease with
Edward B. Knight d/b/a Knight Realty, Inc. for space at the
Key West International Airport.
Board approved and authorized execution of a Sign Lease with
The Key Ambassador Company for space at the Key West
International Airport.
Board approved and authorized execution of a Sign Lease with
La Concha Associates for space at the Key West International
Airport.
Board approved and authorized execution of a Sign Lease with
The Hertz Corporation for space at the Key West
International Airport.
Board approved and authorized execution of a Sign Lease with
Duncan's Auto Sales, Inc. for space at the Key West
International Airport.
Board approved and authorized execution of a Sign Lease with
Curry Mansion Inn, Inc. for space at the Key West
International Airport.
Board approved and authorized execution of a Sign Lease with
Diversified Services, Inc. d/b/a Budget Rent A Car for space
at the Key West International Airport.
Board approved and authorized execution of a Sign Lease with
Alamo R~nt A Car for spac~ at th~ K~y W~st Int~rnationa1
Airport.
Board approved and authorized execution of a Sign Lease with
The Casa Marina for space at the Key West International
Airport.
Board approved and authorized execution of a Sign Lease with
Pinellas Marina for space at the Marathon Airport.
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Board approved and authorized execution of a Lease Agreement
with Air Sunshine concerning space and operations at
Marathon Airport after amending Page 13 thereof to delete
the words "public liability insurance" and substitute the
words "aircraft and airport liability insurance" in lieu
thereof.
Board approved and authorized execution of a Lease Agreement
with Comair, Inc. concerning space and operations at the Key
West International Airport after amending Page 14 thereof to
delete .the words "aircraft insurance" and substitute the
words "aircraft and airport liability insurance" in lieu
thereof.
Board approved and authorized execution of a Lease with
Federal Express Corporation concerning building space at the
Key West International Airport.
Board approved and authorized execution of a Lease Agreement
with Nashville Eagle, Inc. d/b/a American Eagle concerning
space and operations at the Marathon Airport after amending
Page 14 thereof to delete the words "aircraft insurance" and
substitute the words "aircraft and airport liability
insurance" in lieu thereof.
Board approved and authorized execution of a Lease Agreement
with Pan Am Express concerning space and operations at the
Key West International Airport after amending Page 14
thereof to delete the words "commercial general liability
insurance" and substitute the words "aircraft and airport
liability insurance" in lieu thereof.
Board approved and authorized execution of a Lease Agreement
with Nashville Eagle, Inc. d/b/a American Eagle concerning
space and operations at the Key West International Airport
after amending Page 14 thereof to delete the words "aircraft
insurance" and substitute the words "aircraft and liability
insurance" in lieu thereof.
Board approved and authorized execution of a Lease Agreement
with Airways International, Inc. concerning space and opera-
tions at the Key West International Airport after amending
Page 13 thereof to delete the words "aircraft insurance" and
substitute the words "aircraft and airport liability
insurance" in lieu thereof.
THE ABOVE ITEM WAS RECONSIDERED
LATER IN THE MEETING
Board approved and authorized execution of a Lease Agreement
with Henson Aviation, Inc. d/b/a USAir Express after
amending Page 15 thereof to delete the words "commercial
general liability insurance" and substitute the words
"aircraft and airport liability insurance" in lieu thereof.
Board authorized execution of ratification to Agreement
entered into with Dolores Case11es, Resident, and Dolores
Costigan, Responsible Party, for admission to Bayshore
Manor.
Board approved and authorized execution of U.S.D.A. Contract
No. US-251 with the Alliance for Aging for Dade and Monroe
Counties, Inc. which provides reimbursement to the Nutrition
Program for serving meals to the clients on the C-1 and C-2
programs.
Board approved and authorized execution of Addendum To Lease
Agreement with MTH Aero Services, Inc. concerning property
at the Marathon Airport.
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Board adopted the following Resolution approving the sub-
mission of Pre-applications to the Federal Aviation
Administration for Federal funding for the Marathon Airport
and the Key West International Airport.
RESOLUTION NO. 362-1991
See Res. Book No. 101 which is incorporated herein by
reference.
FLOOD VARIANCE APPLICATIONS
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Anchorage Builders, Inc. for a laterally attached garage
enclosure of greater than 300 square feet for parking (no
plumbing, electrical or mechanical equipment may be located
within enclosure) on Lot 2, Block 33, Venetian Shores, Plat
No.6, Plantation Key, MM 86; Zoned IS - Improved
Subdivision; Coastal Flood Zone AE 7', Panel 1129F.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Richard Pake for the first time placement of a mobile
home below base flood elevation on Lot 28, Gulf View
Subdivision, Big Coppitt Key; Zoned URM; Coastal Flood Zone
AE 10, Panel 1731.
MISCELLANEOUS BULK APPROVALS
Board approved and authorized execution of Change Order No.
Three to the contract with the Cubic Automatic Revenue
Collection Group for the "Stand Alone" Toll Lane Card Sound
Toll Bridge Toll Booth to increase the contract time by an
additional sixty days due to logistics of replacing equip-
ment damaged during transit.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds for Fiscal Year 1991.
RESOLUTION NO. 363-1991
RESOLUTION NO. 364-1991
RESOLUTION NO. 365-1991
RESOLUTION NO. 366-199l
RESOLUTION NO. 367-1991
RESOLUTION NO. 368-l991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
transfer of funds for Fiscal Year 1992.
RESOLUTION NO. 369-1991
RESOLUTION NO. 370-1991
RESOLUTION NO. 371-1991
RESOLUTION NO. 372-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
transfer of funds for Fiscal Year 1991.
RESOLUTION NO. 373-1991
RESOLUTION NO. 374-1991
RESOLUTION NO. 375-1991
RESOLUTION NO. 376-1991
RESOLUTION NO. 377-1991
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See Res. Book No. 10l which is incorporated herein by
reference.
Board adopted the following Resolution concerning the
receipt of unanticipated funds for Fiscal Year 1992.
RESOLUTION NO. 378-1991
RESOLUTION NO. 379-1991
RESOLUTION NO. 380-1991
RESOLUTION NO. 381-1991
RESOLUTION NO. 382-1991
RESOLUTION NO. 383-199l
RESOLUTION NO. 384-1991
RESOLUTION NO. 385-199l
RESOLUTION NO. 386-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolution to rescind Resolution
No. 173-1991 concerning the DCA - Traffic Counter Grant.
RESOLUTION NO. 387-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board granted approval of Bayshore Manor renovations to be
funded by Capital Projects - 1988 Bond Issue Fund #303
monies.
Board adopted the following Resolution amending Resolution
No. 311-1991 concerning the South Florida Water Management
District - Stormwater Management Ordinance.
RESOLUTION NO. 388-1991
See Res. Book No. lOl which is incorporated herein by
reference.
SHERIFF'S DEPARTMENT
Board granted approval to establish a Special Revenue Fund
for the Sheriff's Office concerning additional funding
awarded for operations of the Monroe County Task Force.
MUNICIPAL SERVICE DISTRICT
Board granted permission to negotiate a contract with Waste
Management Inc. of Florida for tire shredding services based
on Proposal 1 submitted in their bid package.
DIVISION OF PUBLIC WORKS
Board awarded bid to and approved and authorized execution
of contract with H & S Builders, Inc. concerning remodeling
of existing restrooms in Wing II of the Public Service
Building on Stock Island in the amount of $l2,965.00.
DIVISION OF GROWTH MANAGEMENT
Board granted permission to initiate RFQ's to fulfill grant
requirements for a grant received from the South Florida
Water Management District to complete revisions to the
County's Stormwater Management Ordinance.
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'RlVI5eJ)
Board adopted the following Resolution recognizing a tech-
nical error in the placement of a boundary for exclusion on
Coastal Barrier Resources System Map FL 35; and recommending
a technical revision to properly place the boundary.
RESOLUTION NO. 389-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Program Assistance Grant Agreement with the U. S.
Environmental Protection Agency concerning an award of
$50,000.00 for implementing an "Environmental Wetlands
Advanced Identification and Mapping" program.
RESOLUTION NO. 390-1991
See Res. Book No. 101 which is incorporated herein by
reference.
TOURIST DEVELOPMENT COUNCIL
Board approved payment of Tourist Development Council expen-
ditures in the amount of $125,882.73 (Input Date 9/23/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $67,153.48 (Input Date 9/23/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $194,845.01 ((Input Date 9/23/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $1,531.14 (Input Date 9/23/91),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $89,099.73 (Input Date 9/23/91),
subject to final invoice approval by the County Finance
Department.
Board granted approval to rescind the contract with Sunset
Festivals, Ltd., Inc. previously approved on August 28, 1991
and approved and authorized execution of an amended Local
Major Events Agreement with Sunset Festivals Ltd., Inc. for
the Key West Jazz Festival on May 14 - 17, 1992 in the
amount of $50,000.00, DAC I, FY '92, Two Penny Events.
Board approved an amount not to exceed $1,700.00, DAC V,
FY '91, Third Penny, District V Advertising Campaign for
postage on the coupon book under the District Advertising
Campaign.
Board approved an amount not to exceed $29,766.24 for legal
services provided by the County Attorney's Office for Fiscal
Year 1992 ~and also approved the inter-cost center transfers in the
amount of $8,171.24 for Fiscal Year 1991.
Board adopted the following Resolution allowing for the
direct payment of United' Parcel Service, Phone Services
(WATS), and Administrative Advertising which the Monroe
County Tourist Development Council regularly incurs.
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RESOLUTION NO. 391-1991
See Res. Book No. 101 which is-Incorporated herein by
reference.
Board approved award of bid to USA 800, Inc. in a not to
exceed amount of $64,961.50 for computer hardware and soft-
ware to cover the needs of the district telemarketing
requirements.
Board approved and authorized execution of Addendum To
Agreement with Association For Tourism Development of
Fantasy Fest '91 for an additional amount of $30,000.00 -
total contract of $120,000.00.
COUNTY ATTORNEY
Board authorized rescission of Release of Lien 8/7/91 and
approved and authorized execution of new Release of Lien
concerning Board of County Commissioners vs. Marathon, Ltd.,
Case No. 89-20069-CA-09.
Board approved modification concerning right of first refu-
sal clause to Agreement with Edward A. McCarthy as
Archbishop of the Archdiocese of Miami regarding the St.
Peter's Church property on Big Pine Key.
COMMISSIONERS' ITEMS
Board approved the reappointment of Alice J. Skinger to the
Library Advisory Board.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. Public Financial Management, Inc., in the
amount of $2,527.97, for financial advisory
services for the month of August.
2. Public Financial Management, Inc., in the
amount of $3,104.71, for financial advisory
services for the month of September.
3. Frank Keevan & Son, Inc., in the amount of
$16,929.50, as FINAL PAYMENT re Shore
Drive Bridge.
4. Nick E. Silverio & Associates, Inc., in
the amount of $5,642.00, as FINAL PAYMENT
re computer software upgrade.
5. Rosenman & Colin, in the amount of
$1,876.50, for professional services re
County Translator System.
6. Dean-Lopez Funeral Home, in the amount of
$450.00, for professional services re
Pauper Burial.
7. Dean-Lopez Funeral Homes, in the amount of
$485.00, for professional services re
Pauper Burial.
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8. H. W. Beyer Funeral Homes, Inc., in the
amount of $564.20, for professional
services re Pauper Burial.
9. Evergreen Mortuary, in the amount of
$485.00, for professional services re
Pauper Burial.
lO. Martin-Vegue Funeral Home, in the amount
of $672.00, for professional services re
Pauper Burial.
APPOINTMENTS
Board approved reappointment of Grace Mannillo to the Monroe
County Planning Commission.
Board approved appointment of Dr. James Miller to the Monroe
County Planning Commission.
Board approved appointments of Father Joe McDowell and Dale
Wolgast to the Upper Keys Trauma Advisory Board. .
COUNTY CLERK
Board approved the following Warrants:
GENERAL REVENUE FUND, #155335-#157016, in the
amount of $9,488,182.18.
SUPPLEMENT TO GENERAL REVENUE FUND, #395-#396, in
the amount of $27,48~61.
FINE & FORFEITURE FUND, #1143-#1151, in the amount
of $568,919.65-:-
AIRPORT OPERATION & MAINTENANCE FUND, #678-#681, in
the amount of $62,142.02.
ROAD & BRIDGE FUND, #672-#674, in the amount of
$116,540.~ -
MSD TAX DISTRICT, #1590-#1598, in the amount of
$253,948.99. ---
MSD TAXING DISTRICTS, #616-#620, in the amount of
$650,370.21.
MSD - PLEDGED FUNDS, #241-#242, in the amount of
$521,919.28.
MSD ACQUISITION FUND (105), #16, in the amount of
$48,500.00:-
LAW LIBRARY FUND, #346, in the amount of
$75,998.40:-
CAPITAL PROJECTS FUND, #506-#507, in the amount of
$39,653.68.
MONROE COUNTY GROUP INSURANCE, #470-#472, in the
amount of $211,190..06.
CARD SOUND BRIDGE FUND, #390-#392, in the amount of
$27,798.6r:--
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WORKERS COMPENSATION, #3747-#3754, in the amount of
$39,988.46.
TOURIST DEVELOPMENT COUNCIL, #728-#729, in the
amount of $414,333.55.
TRANSLATOR FUND, #327-#330, in the amount of
$419,451.30.
FAIR SHARE IMPROVEMENT TRUST FUND, #68, in the
amountof~438.88.
RISK MANAGEMENT FUND, #145-#147, in the amount of
$12,687.6~
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #338=#341, in the amount of
$461,424.60.
UPPER KEYS TRAUMA DISTRICT, #97-#98, in the amount
of $19,427.58.
SALES TAX BOND ANTICIPATION NOTES, #29, in the
amount of $47,287.0~
MONROE COUNTY RENTAL REHAB PROGRAM, #61, in the
amount of $2,997.49.
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Mental
Health Care Center of the Lower Keys, in the amount of
$1,270.00; Richard Hellman, Ph.D., in the amount of
$1,000.00; Guillermo D. Marcovici, in the amount of $600.00;
The Guidance Clinic of the Middle Keys, in the amount of
$300.00.
COURT-APPOINTED ATTORNEYS, Leonard F. Mikul, in the
amount of $5,291.50; David L. Manz, in the amount of
$600.00; Timothy Nicholas Thomes, in the amount of $547.00;
William Kuypers, in the amount of $1,961.50; John Rotolo, in
the amount of $1,962.25; Charles L. Everett, in the amount
of $990.00; Max C. Fischer, in the amount of $466.25; James
J. Dor1, in the amount of $250.00; Kathryn Yates, in the
amount of $1,107.30; Michael E. Cox, in the amount of
$494.50.
OTHER EXPENSES, Louis Spallone, in the amount of
$2,500.00; State of Florida, in the amount of $571.36.
COURT REPORTER SERVICES, Associated Court Reporters
of Monroe County, in the amount of $884.50; Lisa Roser, in
the amount of $1,012.60; Florida Keys Reporting, in the
amount of $2,251.00; Kathleen Fegers, in the amount of
$273.75; Amy Landry, in the amount of $1,012.50; Nancy
Maleske, in the amount of $2,954.25; Billie Jean Fase, in
the amount of $30.00; Tara Martin, in the amount of
$1,830.10; Joseph S. Schwartz, in the amount of $132.00.
COURT INTERPRETER SERVICES, Mayda Maloney, in the
amount of $150.00; J. R. Alayon, in the amount of $265.00;
Juli Barish, in the amount of $l50.00; Luis Sanchez, in the
amount of $170.00; Andrew P1eban, in the amount of $80.00;
Juan Borges, in the amount of $695.00; Susan Tellez, in the
amount of $225.00; Robert Dembiczak, in the amount of
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$50.00; William Mota, in the amount of $130.00; William
Wadde1, in the amount of $25.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $2,635.95; Regular Witness Fees, in the amount of
$70.00.
MISCELLANEOUS
Board approved the request of the Tax Collector to permit
the Tax Roll for 1991 to be extended prior to the conclusion
of the Value Adjustment Board hearings and the final cer-
tification of the Tax Roll by the Property Appraiser to the
Tax Collector.
Board adopted the following Resolution directing and per-
mitting the Tax Collector to refrain from billing any tax-
payer whose bill is Five Dollars and less for the ensuing
tax year.
RESOLUTION NO. 392-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to continue to the next meeting a pro-
posed Addendum to Lease Agreement with REDI Real Estate
Information Service, adding on three strip map books.
Motion carried unanimously.
THE ABOVE ITEM WAS RECONSIDERED
LATER IN THE MEETING
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve and authorize execution of
an Agreement To Provide Legal Services with Frigola, DeVane,
Wright & Dor1, P.A. concerning the collection of Code
Enforcement liens and fines. Motion carried unanimously.
The Board discussed the Lease Agreement between
Monroe County and Airways International, Inc. concerning
space and operations at Marathon Airport. Motion was made
by Commissioner Cheal and seconded by Commissioner Jones to
extend the current Lease Agreement on a month-to-month basis
until the next Marathon meeting and to notify Airways
International, Inc. in writing of their sub-standard
performance and the possibility that the Board may not renew
the Lease Agreement. Roll call vote was unanimous.
Motion was made by Commissioner Cheal and seconded
by Mayor Harvey to reconsider the Lease Agreement with
Airways International, Inc. concerning space and operations
at the Key West International Airport (Agenda Item C-37)
which was approved earlier in the meeting in the "BULK"
motion. Motion carried unanimously. Motion was then made
by Commissioner Cheal and seconded by Commissioner Jones to
extend the current Lease' Agreement on a month-to-month basis
until the next Marathon meeting and to notify Airways
International, Inc. in writing of their sub-standard
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performance and the possibility that the Board may not renew
the Lease Agreement. Motion carried unanimously.
.....
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve and authorize execution of
Supplemental Agreement No. One to Contract For Professional
Services with David Volkert & Associates, Inc. concerning
Phase II of the Key West International Airport Terminal
Expansion Project. Motion carried unanimously.
ADVERTISEMENTS
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to grant permission to advertise for
Sealed Bids for the Janitorial Services Contract for the Key
West Courthouse Annex. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to grant permission to advertise for
Sealed Bids for the Janitorial Services Contract for the
Marathon Courthouse Complex. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to grant permission to advertise for
Sealed Bids for a Guardrail Installation Project contract.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to continue to the next meeting a
request for approval to remove surplus property from HRS
inventory. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to adopt the following Resolution
rescinding Resolution No. 174-1991 concerning the DCA -
Striper Grant. Motion carried unanimously.
RESOLUTION NO. 393-1991
See Res. Book No. 101 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded
by Commissioner London to adopt the following Resolution
authorizing modifications to an Agreement with the Florida
Department of Natural Resources, Florida Recreational
Development Assistance Grant Contract Number C6530. Motion
carried unanimously.
RESOLUTION NO. 394-1991
See Res. Book No. 101 which is incorporated herein by
reference.
.----
CONSTRUCTION PROGRAM MANAGEMENT - MK/G
The Board entered into a discussion regarding the
approval of bids and contract award for Bid Package No. lO,
Precast Concrete (part of Bid Group 2) to Pomco Associates,
Inc. for the New Monroe County Detention Facility. Motion
was made by Commissioner Jones and seconded by Commissioner
Cheal to continue to October 16th. Motion carried unani-
mously. Motion was made by Commissioner London and seconded
by Commissioner Stormont not to accept Owner's Options 10-0l
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and 10-03 and Alternate 10-01. 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.
Doug Fuller of MK/G advised the Board that there
was a bid protest regarding Bid Package No. 11, Hydraulic
Elevators, for the New Monroe County Detention Facility;
however, the Architect advised that the low bid was indeed
responsive to the specifications. Motion was made by
Commissioner Cheal and seconded by Commissioner London to
approve the bid and award the contract for Bid Package
No. 11, Hydraulic Elevators (part of Bid Group 2), to
Mowrey Elevator for the New Monroe County Detention Facility
in the amount of $255,902.00. 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.
Motion was made by Commissioner Stormont and
seconded by Commissioner Cheal to approve the bid and award
the contract for Bid Package No. 12, Precast Embeds (part of
Bid Group 2), to National Detention Group, Inc. for the New
Monroe County Detention Facility in the amount of
$167,646.06 without the Owner Option. 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.
Motion was made by Commissioner Cheal and seconded
by Commissioner London to continue to the next Regular
Meeting a request for authorization of additional surveying
expenditures for the Big Pine Fire Station to be provided by
Petsche & Associates. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded
by Commissioner London to continue to the next Regular
Meeting a request for authorization of expenditures for sur-
veying services for Sugarloaf Fire Station, 'Marathon #1 and
Marathon #2 to be provided by Petsche & Associates. Motion
carried unanimously.
Motion was made by Commissioner London and seconded
by Commissioner Cheal to approve and authorize execution of
an Agreement with Archeological and Historical Conservancy,
Inc. for archeological investigations of the Indian Midden
on the site of the New Monroe County Detention Facility.
Motion carried unanimously.
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The Regular Meeting of the Board of County
Commissioners recessed.
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DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
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BOARD OF GOVERNORS
The Board of Governors of District #1 Lower and
Middle Keys Fire and Ambulance District convened. Present
and answering to roll call were Commissioners Mickey Feiner,
Douglas Jones, Jack London, and Chairman Earl Cheal. Absent
from the meeting was Commissioner Hal Halenza.
Motion was made by Commissioner London and seconded
by Commissioner Jones to grant approval to remove the
following property from the District's inventory:
1433-4
l433-5
1433-5A
1433-6
1433-6A
1433-115
1433-179
1433-232
1433-292
1433-327
3210-223
Motorola Portable Radio
Motorola Portable Radio
Motorola Charger
Motorola Portable Radio
Motorola Charger
Motorola Minitor
Adapter
Motorola Minitor
Motorola Minitor
Motorola Minitor
Airpak
Motion carried unanimously.
Motion was made by Commmissioner London and
seconded by Commissioner Jones to adopt a Resolution
rescinding Resolution No. 125-1991; and establishing a
Fire-Rescue Resources Review Committee; providing for
categories of members; providing for appointment for a
continuing period of time; providing for purpose; and deli-
neating the committee's duties and responsibilities. During
discussion, motion was made by Commissioner Feiner and
seconded by Commissioner Cheal to amend Section 10-A to add
"consider savings opportunities to reduce the cost of the
total operation and to reduce impacts of ad valorem taxes."
Motion to amend carried unanimously. Motion was made by
Commissioner Jones and seconded by Commissioner Feiner to
amend to remove Section 8. Motion to amend carried unani-
mously. Motion was made by Commissioner Cheal and seconded
by Commissioner London to amend to remove Section 5. Roll
call vote on this motion to amend was taken with the
following results:
Commissioner Feiner
Commissioner Jones
Commissioner London
Chairman Cheal
No
Yes
Yes
Ye.s
Motion carried. Motion was then made by Commissioner Jones
and seconded by Commissioner Feiner to postpone this matter
and direct the Public Safety Division Director to meet with
the County Attorney to work out the details. 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.
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The Board of County Commissioners reconvened with
all Commissioners present.
SHERIFF'S DEPARTMENT
Mark Willis addressed the Board regarding the pro-
posed Settlement Agreement in the McIntyre v. Freeman
Federal Jail Suit. Motion was made by Commissioner Stormont
and seconded by Commissioner Jones to postpone this matter
until receipt of Draft No. 10 with acceptable wordage. Roll
call vote was unanimous.
Sheriff Roth addressed the Board concerning addi-
tional staffing requirements that will be necessary upon
acceptance of the Settlement Agreement. No official action
was taken.
County Administrator Tom Brown discussed the
County's possession of a safe made available from the
purchase of the building in Marathon. Motion was made by
Commissioner Jones and seconded by Mayor Harvey tq transfer
the safe to the Sheriff's Department for their use in
exchange for air travel utilizing the Sheriff's equipment at
comparable value. Roll call vote was unanimous.
MUNICIPAL SERVICE DISTRICT
Division Director Barry Boldissar addressed the
Board concerning the Master/Senior Recycler Program and the
County's recycling experience in comparison to the goals of
the program.
The Board recessed for lunch.
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sent.
The Board reconvened with all Commissioners pre-
COUNTY ADMINISTRATOR
Jeffrey Meyer, representing Island Taxi, addressed
the Board regarding the proposed contract with G-2
Enterprises, Inc. concerning transportation services for
Veterans Affairs. Jerry Corneya also addressed the Board.
Motion was made by Commissioner Jones and seconded by Mayor
Harvey to refer this matter back to Staff to authorize the
readvertisement of Requests For Proposals for this service.
Roll call vote was unanimous.
DIVISION OF PUBLIC WORKS
Division Director Dent Pierce discussed the
injuries to an Animal Control Officer and the resulting
short staff situation at the Animal Control Center at Big
Pine Key. He indicated that the Big Pine Key Shelter would
now be open from 3:00 p.m. to 6:00 p.m.
The Board discussed Harry Harris Park improvements
as set out in memorandum from David Koppel, Engineering
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Director, dated September 25, 1991. Motion was made by
Commissioner Stormont and seconded by Commissioner Jones to
approve the following Tasks as the funding becomes
available:
Task Item Amount
I a. Dredging 10,500
b. Flushing Struc. 21,000
c. Groin Reconstru. 140,000
II a. Dune Constr. 40,000
b. Dune Crossover 10,500
c. Dune Landscaping 32,500
III a. Boat Dock 22,500
b. Boat Ramp 34,000
c. Channel Markers lO,OOO
VII a. Add Picnic Items 22,500
b. Add Bol1ards/Sign 7,500
c. New 24" Rdwy CuI. 3,500
Roll call vote was unanimous. The Board discussed the
Ordinance establishing entrance fees for Harry Harris Park.
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to authorize advertising for Public
Hearing a proposed Ordinance to repeal the fees for Harry
Harris Park pursuant to Monroe County Code Section
13.5-1(a)(b) and a portion of (d). Roll call vote was una-
nimous. Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to authorize the issuance of
a Professional Service Order to Post Buckley Schuh &
Jernigan to accomplish the Tasks as agreed upon for improve-
ments to Harry Harris Park. Motion carried unanimously.
Robin Staten of Executive Building Maintenance
addressed the Board regarding janitorial service bids for
the Chaplin Building. Motion was made by Commissioner Jones
and seconded by Mayor Harvey to direct Staff to negotiate
with the present contractor for cleaning two days per week
for the period up to the transfer to the new location and to
begin bidding for the new Marathon office space immediately.
Roll call vote was unanimous.
The Board discussed a Status Report from David
Koppel to Dent Pierce dated September 27th regarding the
designation of U.S. 1 as a Scenic Highway. Motion was made
by Commissioner Cheal and seconded by Mayor Harvey to direct
Growth Management to prepare a report as to how some of the
objectives of the Scenic Highway Program can be realized
through the Land Use Plan. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner London discussed the need to improve
and possibly expand County recreational facilities at Bay
Point Park. Motion was made by Mayor Harvey and seconded by
Commissioner Jones to conceptually approve Plan A as set out
below and, upon request of the Board of County
Commissioners, that the Land Authority be requested to
acquire the necessary property:
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Estimate of Conceptual Plan "A"
(does not include purchase
price of additional property)
Grading and Drainage Improvements
Basketball Court
Volleyball Court (reloccate)
6 Lights
Playground Equipment (relocate)
Water Fountain
Lighted Tennis Court
3 Picnic Shelters
Landscaping (Buffer Yards)
Removal of Exotics
Site Electric
Permitting
Total
Roll call vote was unanimous.
$ 45,000.00
32,000.00
4,200.00
12,000.00
4,000.00
1,500.00
45,000.00
3,000.00
30,000.00
6,000.00
5,000.00
1,520.00
$189,220.00
Commissioner Cheal discussed his proposed
Resolution expressing the opposition of the Board of County
Commissioners to governmental imposition of addit10nal
restrictions on a woman's right to reproductive freedom.
The following persons addressed the Board: Lisa Versaci,
Debby Armstrong, Mary Boa, Monica Geers, Iva Stanley, Cindy
Suarez, Cathy Grostefon, Linda Toth, Joyce Mills, John
Stutter, John Rotey, Margaret Walter, Scott Fairbairn, Joyce
Newman, A1 Baker, Lynne Fielder, Sue Piscopink, Matt
Piscopink, Lisa Rhoades, Vicki Rafal, Pat Rocketeschel,
Patti Baldwin, Trula Motta, Sharon Coen, David Ethridge,
Alan Farago, Robin Ceballos, Michele Grabill, Kimberly Gall,
Rev. A. G. Planes, Gary Grabill, Rev. Morris Wright, Paul
Daniel. Motion was made by Commissioner Cheal to adopt the.
Resolution. Motion died for lack of a second.
DIVISION OF COMMUNITY SERVICES
Motion was made by Commissioner Cheal and seconded
by Commissioner Jones to approve and authorize execution of
a Lease Agreement with Diane M. Heberle d/b/a The Airport
Gift Shop for space at the Key West International Airport.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Growth Management Division Director Robert Herman
and Planning Director Lorenzo Aghemo addressed the Board
regarding URM setbacks. The following individuals addressed
the Board: Ron Kaminski, Lois FoIl, Helene peitsch, Harry
Peitsch, Jack Brier, John Traum, Charles Johnson, Jon North,
William Schoepe. Motion was made by Commissioner London and
seconded by Commissioner Jones to reconfirm the established
policy of allowing replacement of mobile homes within their
existing footprint. Roll call vote was unanimous. Motion
was made by Commissioner Stormont and seconded by
Commissioner London to direct that the new Land Development
Regulations include accommodating previous RU-8 setbacks.
Roll call vote was unanimous.
DIVISION OF COMMUNITY SERVICES
Division Director Peter Horton gave a status report
on the Boating Improvement Fund and Derelict Vessel
Programs. No action was taken.
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Mr. Horton addressed the Board concerning the
expansion of the Children's Room at the Marathon Branch
Library. Motion was made by Commissioner London and
seconded by Commissioner Cheal to authorize Staff to nego-
tiate with Architect Tom Pope. Motion carried unanimously.
-
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to reconsider Agenda Item
C-IO which requested approval of an Addendum to Lease
Agreement between REDI Real Estate Information Service and
Monroe County Code Enforcement, adding on three strip map
books, in the amount of $1,245.00. Motion carried unani-
mously. Motion was then made by Commissioner Stormont and
seconded by Commissioner Jones to approve the request as
long as the maps are not zoning maps. Motion carried unani-
mously.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to approve selection of Nolan
Enterprises as the low bidder for the Matecumbe Beach Park
Project in the amount of $224,000.00 and approve and
authorize execution of the contract therefor. Motion
carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve payment to Haben,
Culpepper, Dunbar and French, P.A. in the amount of
$7,019.30 for additional services rendered for development
__ of the Interim Growth Control Ordinance and the Pending
Ordinance Doctrine. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Cheal to approve payment to Freilich,
Leitner, Carlisle and Shortridge, P.A. in the amount of
$34,933.l8 for services rendered for preparation of the
Interim Growth Control Ordinance, Pending Ordinance Doctrine
Resolution, and legal consulting services in connection with
the revision of the Monroe County Comprehensive Plan.
Motion carried unanimously.
DIVISION OF PUBLIC SAFETY
The Board discussed a proposed Resolution
rescinding Resolution No. 076-1991 and Resolution No.
129-1991 and establishing a Fire-Rescue Resources Review
Committee. Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to continue this item to be
resolved with the District #1 concerns relative to the pro-
posed Resolution. Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
The Board entered into a discussion regarding the
requested approval of a Contract Supplement clarifying
intent as it pertains to Paragraph 3 of the Contract with
Tinsley Advertising, Inc. Motion was made by Commissioner
Jones and seconded by Mayor Harvey to approve. During
discussion, the motion was withdrawn. Motion was then made
by Commissioner Stormont and seconded by Commissioner Cheal
to refer this matter back to the Tourist Development Council
to work with the County Clerk for an appropriate resolution.
Roll call vote was unanimous.
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COUNTY ATTORNEY
County Attorney Randy Ludacer discussed the case
of Shark Key vs. Monroe County and the issuance of an Order
for temporary injunction. After discussion, motion was made
by Commissioner London and seconded by Commissioner Jones
directing the Building Department to issue permits in any
areas impacted by the decision in the case of Shark Key vs.
Monroe County. 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.
Motion was made by Commissioner London and seconded
by Commissioner Jones to acknowledge and accept the School
Board's report showing that school facilities are adequate
and directing the Growth Management Division to implement
the new report in the Capital Facilities Report as per the
holding in the case of Shark Key vs. Monroe County. Roll
call vote was unanimous.
Mr. Ludacer advised the Board that the Department
of Natural Resources had approved the County's Detergent
Ordinance on September 19th.
,
The County Attorney discussed a recent accident at
the approach to Ocean Reef.
Mr. Ludacer discussed the case involving Mr.
DeCarion. Motion was made by Commissioner Jones and
seconded by Mayor Harvey to not appeal the case. 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 Cheal to approve and authorize execution of
an Employment Agreement with Raul J. Aguila as an Assistant
County Attorney. Roll call vote was unanimous.
Mr. Ludacer advised the Board that an appeal had
been filed concerning the judgment in the case regarding
Florentino Gonzalez - Cook Island.
Motion was made by Commissioner Jones and seconded
by Commissioner London to award the bid for the loan for
funds for the Grassy Key Translator Project to the low
bidder, Florida Keys First State Bank ($360,000.00 @ 9% per
annum), and to approve and authorize execution of the
Promissory Note and Tax Anticipation Warrant therefor.
Motion carried unanimously.
Motion was made. by Commissioner Jones and seconded
by Commissioner Cheal to grant permission to advertise for
Public Hearing a proposed Ordinance removing "resolution" as
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a method of Board of County Commissioners decision-making
under Chapter 9.5, Monroe County Code. Motion carried una-
nimously.
Mr. Ludacer discussed the lawsuit of Comerica Trust
Company of Florida, N.A., as agent for First American Bank &
Trust, N.A., f/k/a First American Bank & Trust, Trustee
under Flkorida Land Trust No. 010597 vs. Monroe County con-
cerning the reversionary interest at the Key West
International Airport. Motion was made by Commissioner
Jones and seconded by Mayor Harvey to authorize the County
Attorney to seek outside counsel to defend the County in
this case. Motion carried unanimously.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Jones and seconded
by Mayor Harvey to adopt the following Resolution in support
of the "Full Service School" concept as proposed by the
Monroe County District School Board. Roll call vote was
unanimous.
RESOLUTION NO. 395-1991
See Res. Book No. lOl which is incorporated herein by
reference.
Motion was made by Commissioner London and seconded
by Commisisoner Jones to adopt the following Resolution
requesting the imposition of a five-year moratorium on the
burning of hazardous wastes in boilers, industrial furnaces,
cement kilns, incinerators, or otherwise within the State of
Florida. Motion carried unanimously.
RESOLUTION NO. 396-1991
See Res. Book No. 101 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
The Board discussed the confirmation of George
Garrett as Director of the Marine Resources Department.
Herb Pontin addressed the Board. Motion was made by
Commissioner Cheal and seconded by Commissioner Stormont to
confirm the County Administrator's selection of George
Garrett as Director of the Marine Resources Department.
Roll 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.
Motion was made by Commissioner London and seconded
by Commissioner Stormont to postpone the reappointment of
Dr. Otha Cox to the Tourist Development Council and allow
the Commissioners to prepare a list of nominees. Roll call
vote was taken with the following results:
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Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
Mayor Harvey
Yes
No
Yes
Yes
No
Motion carried.
There being no further business, the meeting was
adjourned.
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