03/07/1989 Regular
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094
Regular Meeting
Board of County Commissioners
Tuesday, March 7, 1989
Plantation Key
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the Plantation Key Government Center. Present and
answering to roll call were Commissioner Douglas Jones,
Commissioner Wilhelmina Harvey, Commissioner Eugene Lytton,
Commissioner John Stormont, and Mayor Michael Puto. Also
present were Danny L. 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 Pledge of Allegiance and
Invocation.
The Board proceeded to make additions, deletions
and changes to the Agenda.
COMMISSIONERS' ITEMS
Mayor Puto presented the January Employee of the
Month Award to Dave Renshaw, Heavy Equipment Diesel Mechanic
for the Public Works Division.
Mayor Puto presented a Proclamation proclaiming the
month of March 1989 as RED CROSS MONTH in Monroe County.
Mayor Puto presented a Proclamation proclaiming the
week of March 13 - 17, 1989 as EMPLOY THE OLDER WORKER WEEK
in Monroe County.
Mayor "Mickey" Feiner, Vice Chairman of the TOurist
Development Council, discussed the TDC's recommendation to
award the Administrative Contract to Keys Advertising and
Marketing and the Mail Fulfillment Contract to U.S.A. #800,
which recommendation was a result of TDC's receipt of Sealed
Bids and subsequent ranking. Motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
refer the recommendation to a committee consisting of a
representative of the Tourist Development Council, the
County Attorney, the County Administrator, and the Monroe
County Clerk to begin preliminary negotiations with Keys
Advertising and Marketing and U.S.A. 1800. Motion carried
unanimously. Due to the time restraints placed upon the
Board, Mayor Feiner recommended that the existing contracts
be extended an additional month in order that the contracts
may be negotiated and executed in a timely manner. Motion
was made by Commissioner Lytton and seconded by Commissioner
Harvey to extend the existing Administration and Mail
Fulfillment Contracts between Keys Advertising and Marketing
and the TOurist Development Council for one more month and
in accordance with the existing provisions in those
Contracts. Motion carried unanimously.
Mayor Puto announced that Representative Saunders
and Senator Plummer would be holding a Public Hearing for
input on the Principles for Guiding Development on March
15th at Key Colony Beach City Hall at 4:00 p.m. Mayor Puto
called a Special Meeting of the Board of County
Commissioners to discuss the Principles for Guiding
Development on March 22nd at 5:00 p.m. at Key Colony Beach
City Hall.
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BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve the following
items by unanimous consent:
Board authorized a Proclamation recognizing the week of
April 1, 1989 as SCHOOL BUS DRIVERS WEEK in Monroe County.
Board authorized travel for Commissioners Lytton and
Stormont to Tallahassee on March 16th and 17th for a meeting
with DNR, DCA and DER.
Board authorized travel for all Commissioners to the
Hurricane Conference in Miami on April 4 - April 7.
Board authorized execution of a Grant Agreement, Community
Services Trust Fund, for the Grace Jones Day Care Center.
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 112-1989
RESOLUTION NO. 113-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board adopted the following Resolution concerning transfer
of funds.
RESOLUTION NO. 114-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board adopted the following Resolutions transferring Tourist
Development Council funds.
RESOLUTION NO. 115-1989
RESOLUTION NO. 116-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $29,023.55 (Input Date 2/13/89 to
2/14/89), subject to final invoice approval by the Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $3,024.75 (Input Date 2/14/89),
subject to final invoice approval by the Finance Department.
Board approved the request of Upper Keys Ministerial
Association to use Harry Harris Park for Easter Sunrise
Services on March 26, 1989.
Board adopted the folowing Resolution authorizing the
Mayor/Chairman of the Board to execute a Sign Lease between
Vehicle Management Services, Inc. d/b/a Thrifty Rent A Car
concerning a sign at the Key West International Airport.
RESOLUTION NO. 117-1989
See Res. Book No. 75 which is-rncorporated herein by
reference.
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Sign Lease between
the Key Ambassador Company and the Board concerning a sign
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096
at the Key West International Airport.
RESOLUTION NO. 118-1989
See Res. Book No. 75 which Is incorporated herein by
reference.
Board adopted the fOllowing Resolution authorizing the Mayor
to approve and execute Amendment #1 to CCE Contract KG-852
between State of Florida Department of Health and
Rehabilitative Services and Monroe County Board of County
Commissioners/Monroe County In-Home Services.
RESOLUTION NO. 119-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board authorized payment of invoice in the amount of
$22,440.00 to Peter H. Jones (a/k/a Marine Construction
Company of Marathon) for the completion of the Lower Keys
Reef Mooring Buoys contract.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of David J. Gleason for a 361 square foot enclosure for
storage only on Lot 5, Block 4, Jolly Roger Estates, Little
Torch Key; Zoned IS - Improved Subdivision~ Coastal Flood
Zone V-12, Panel 1517D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Jon Grill for a 216 square foot enclosure for storage
only - 299 square feet existing - a total of 515 square
feet - on Lot 62, Block 2, Center Island, Duck Key~ Zoned
IS-M - Improved Subdivision - Masonry~ Coastal Flood Zone
A-13.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Sylvester Kohr for the placement of a 12 x 16 shed for
storage - value $1,500.00 - single-family residence on adja-
cent lot - on Lot 20, Block 3, Doctor's Arm, Big Pine Key;
Zoned IS - Improved Subdivision~ Coastal Flood Zone V-12,
Panel 1528D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Robert Seward for a 244 square foot enclosure for storage
only - 299 square feet existing - a total of 543 square feet -
on Lot 5, Block 1, Center Island, Section 2, Duck Key~ Zoned
IS-M - Improved Subdivision - Masonry~ Coastal Flood Zone
A-13.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of John C. Turner for a 900 square foot enclosure for
storage only - 900 square feet existing - a total of 1800
square feet - on Lot 12, Block B, Sugarloaf Shores,
Sugarloaf Key~ Zoned IS - Improved Subdivision~ Coastal
Flood Zone V-12, Panel 1493C.
Board authorized payment of refund in the amount of $50.00
to Sal Bonnici c/o Collier inasmuch as it has been deter-
mined that a flood variance will not be required.
Board authorized payment of refund in the amount of $50.00
to Robert E. Holmes inasmuch as application was withdrawn
because of setback problem.
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Board adopted the following Resolutions concerning transfer
of unanticipated funds.
RESOLUTION NO. 120-1989
RESOLUTION NO. 121-1989
See Res. Book No. 75 which is-incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 092-1989 concerning receipt of unanticipated funds.
RESOLUTION NO. 122-1989
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See Res. Book No. 75 which is incorporated herein by
reference.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Real Estate Sale
Contract and a Deed of Bargain and Sale with William Schoepe
in order to sell and convey real property owned by the
County which is located on Lot 5, Block 23 of Cudjoe
Gardens, 8th Addition.
RESOLUTION NO. 123-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Real Estate Sale
Contract and a Deed of Bargain and Sale with John W. Braaten
and Sally A. Johnson in order to sell and convey real pro-
perty owned by the County which is located on Lot 14, Block
23 of Cudjoe Gardens, 8th Addition.
RESOLUTION NO. 124-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board adopted the following Resolution approving Settlement
and authorizing Special Counsel, Attorney William J.
Roberts, to enter into Consent Judgment on behalf of Monroe
County regarding title to certain lands conveyed by the
County to the State of Florida Department of Natural
Resources for park purposes and reverted to the County
because of the State's failure to use said lands as a public
park.
RESOLUTION NO. 125-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board adopted the following Resolution providing for the
employment of David P. Kirwan, P.A., attorney at law, to
represent the Monroe County Code Enforcement Board in liti-
gation of two cases in which the Monroe County Code
Enforcement Board has been named as a party.
RESOLUTION NO. 126-1989
See Res. Book No. 75 which is incorporated herein by
reference.
MUNICIPAL SERVICES DISTRICT (WASTE)
Board authorized payment to Tramco, Inc. in the amount of
$71,180.50 for ash residue chain conveyor for Cudjoe Key VRP
#3.
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Board authorized payment to Tramco, Inc. in the amount of
$71,180.50 for ash residue chain conveyor for Long Key VRP
#2.
Board authorized payment to Tramco, Inc. in the amount of
$71,180.50 for ash residue conveyor for Key Largo VRP #1.
Board authorized payment to Bob Hilson & Company, Inc. in
the amount of $30,600.00 for incinerator roof at Long Key
VRP #2.
Board authorized a Request For Proposals for Tire Shredding
Services.
Board approved and authorized execution of a Rider to the
Contract with Keys Armored Express, Inc. increasing the
monthly charge from $325.00 to $350.00.
DIVISION OF PUBLIC SAFETY
Civil Defense
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute Agreement
#89EM-16-11-54-10-039 between the State of Florida
Department of Community Affairs and Monroe County concerning
certain emergency management-related activities.
RESOLUTION NO. 127-1989
See Res. Book No. 75 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Facilities Maintenance
Board authorized a Request For Proposals for Custodial/
Janitorial Services for the Cudjoe Key Sheriff's Substation.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. Rosenman & Colin, in the amount of $17,982.99,
for professional services re Monroe County
Translator System.
2. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $18,52.26, for General Capital
Projects services for 1/1/89 through 1/31/89.
3. Winifred Sheridan Smallwood, in the amount of
$1,000.00 for final statement for services re
Monroe County Code Enforcement Board repre-
sentation.
4. Lopez Funeral Home, in the amount of $600.00,
for professional services re Pauper Burial.
5. Lopez Funeral Home, in the amount of $485.00,
for professional services re Pauper Burial.
6. Evergreen Mortuary, in the amount of $485.00,
for professional services re Pauper Burial.
7. Dames and Moore, in the amount of $32,500.00,
in final payment for professional services re
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North Key Largo Habitat Conservation Plan.
8. South Florida Regional Planning Council, in the
amount of $15,000.00, for final payment for
professional services re Memorandum of
Agreement: Technial Assistance to Monroe County.
Board granted permission to HRS Monroe County Public Health
Unit Director to rename the Health Department wings as "The
Dr. James Y. Porter Memorial Public Health Unit" and to
mount a bronze commemorative plaque in honor of Dr. Porter
outside of their main entrance~ and directed the County
Attorney to prepare and bring back to the Board for approval
a Resolution proclaiming May 5, 1989 as DR. JAMES YATES
PORTER DAY in Monroe County.
Board adopted the following Resolution rescinding Resolution
No. 091-1989 and expressing support for certain amendments
to Section 236.081, Florida Statutes, concerning school
district financing.
RESOLUTION NO. 128-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board granted approval for the preparation of a Resolution
supporting the State's authorization of an additional five
cents of local option gas tax.
Board granted approval for the preparation of a Resolution
requesting the State to revise procedures used to enact the
local government infrastructure sales tax.
Board adopted the following Resolution naming a street to be
known as Pelican Lane in Cahill Pines and Palms Subdivision
on Big Pine Key.
RESOLUTION NO. 129-1989
See Res. Book No. 75 which is incorporated herein by
reference.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellmann, Ph.D., in the amount of $300.00~ Mental Health
Care Center of the Lower Keys, in the amount of $450.00~
Tanju T. Mishara, Ph.D., in the amount of $500.00.
COURT-APPOINTED ATTORNEYS, Beckmeyer, Mulick &
Wolkowsky, in the amount of $605.00~ Larry R. Erskine, in
the amount of $450.00~ Jeff Hall, in the amount of $70.00~
Jeffrey B. Meyer, in the amount of $1,056.25~ Charles M.
Milligan, in the amount of $777.50.
OTHER EXPENSES, Department of H.R.S. Laboratory
Service, in the amount of $12.00~ University of Miami/
Department of Pathology, in the amount of $49.00~ State of
Florida, in the amount of $52.00.
COURT REPORTER SERVICES, Associated Court
'Reporters, in the amount of $150.00~ Kathleen A. Fegers, in
the amount of $798.00; Florida Keys Reporting, in the amount
of $352.50~ Reginald Knopes & Associates, in the amount of
$339.21; Nancy J. Maleske, in the amount of $641.25~ Nichols
& Hardy Court Reporters, in the amount of $45.00~ Marge
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Rarder Court Reporter, Inc., in the amount of $40.00~
Constance L. Vadnal, in the amount of $35.00.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $240.00~ Serafin Calero, in the amount of $5.00~
Alexandra Ramos, in the amount of $80.00~ B. S. Roberts, in
the amount of $25.00; Sharon Santilli, in the amount of
$25.00.
EXPERT WITNESS FEE, Behavior Changers, Inc., in the
amount of $1,000.00. ---
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $929.10~ Regular Witness Fees, in the amount of
$45.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, 1103141-#103926, in the
amount of $3,441,712.06. ----
SUPPLEMENT TO GENERAL REVENUE FUND, 1269, in the
amount of $7,187.68.--
FINE & FORFEITURE FUND, #808-#809, in the amount of
$28,421.8~ -
AIRPORT OPERATION & MAINTENANCE FUND, 1514-#516, in
the amount of $7,539.08.
ROAD & BRIDGE FUND, #547, in the amount of
$98,650.1~ - ----
MSD TAX DISTRICT, 11216-#1223, in the amount of
$132,834.09. ---
MSD - MARINE BANK (Marathon), 1474, in the amount
of $365,583.14.
MSD - PLEDGED FUNDS, #143, in the amount of
$200,000.00.
LAW LIBRARY FUND, 1270, in the amount of $407.50.
CAPITAL PROJECTS FUND, #341, in the amount of
$47,703.66. ----
CARD SOUND BRIDGE FUND, #267, in the amount of
$12,416.0~ ----
WORKERS COMPENSATION, #2773-#2784, in the amount of
$58,749.47.
TOURIST DEVELOPMENT COUNCIL, 1574 void, '573, #575,
in the amount of $227,302.69.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, #294-
#296, in the amount of $200,014.00.
TRANSLATOR FUND, #212, in the amount of $4,042.72.
503 RISK MANAGEMENT FUND, 127, in the amount of
$4,653.04:-- ----
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, 1182-#183,
in the amount of $25,346~49.
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722 MONROE COUNTY UPPER KEYS TRAUMA DISTRICT, #02,
in the amount of $1,847.08. ----
003 COMMUNITY DEVELOPMENT BLOCK GRANT, #41, in the
amount of-s!12,044.53.
701-711 MONROE COUNTY FIRE AND AMBULANCE LOCK BOX
SERVICES, #04, in the amount of $14,787.81. ---- ---
Board approved processing for payment of bill from Freeman,
McWilliams & Dame, P.A., in the amount of $6,181.54, for
professional services in connection with Improvement Revenue
Bonds, Series 1988B.
Board approved processing for payment of bill from Northern
Bank Note Company, in the amount of $1,007.79, for services
in connection with Improvement Revenue Bonds, Series 1988B.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution rescinding Resolution
No. 105-1989 and authorizing the Mayor/Chairman of the Board
to execute a Consulting Agreement by and between Dale R.
Baldwin & Associates, Landscape Architects, Inc., and Monroe
County concerning the preparation of a Landscape Handbook.
RESOLUTION NO. 130-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 106-1989 and authorizing the Mayor/Chairman of the Board
to execute a Consulting Agreement by and between David A.
Ornstein, A.I.C.P. and Monroe County concerning the Holiday
Isle Area of Critical County Concern.
RESOLUTION NO. 131-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
NO. 107-1989 and authorizing the Mayor/Chairman of the Board
to execute a Consulting Agreement by and between David A.
Ornstein, A.I.C.P. and Monroe County concerning a review of
the Mixed Use Land Use District.
RESOLUTION NO. 132-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Harvey discussed a Resolution to name
the Old Monroe County Courthouse in the honor of former
Monroe County Sheriff William A. Freeman, Jr. After
discussion, motion was made by Commissioner Harvey and
seconded by Commissioner Stormont to approve the placement
of an Honorarium Plaque on the Old Monroe County Courthouse
and to inscribe as the first name on the plaque "WILLIAM A.
FREEMAN, JR." and adopted the following Resolution. Motion
carried unanimously. Dagny Johnson addressed the Board.
RESOLUTION NO. 133-1989
See Res. Book No. 75 which is incorporated herein by
reference.
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Commissioner Stormont discussed suggested wording
for requesting an Attorney General's Opinion regarding the
usage process of Tourist Development Council funds. Motion
was made by Commissioner Stormont and seconded by
Commissioner Lytton to refer this matter to the County
Attorney. Motion carried unanimously.
Commissioner Harvey discussed a request by the
Founders Group at the Florida Keys Community College for the
use of White Street Pier. Motion was made by Commissioner
Harvey and seconded by Commissioner Lytton to have the
County Commission go on record recommending to the City of
Key West that permission be granted to the Founders. Motion
carried unanimously.
Mayor Puto discussed a problem with a road in
Cahill Pines and Palms Subdivision on Big Pine Key. This
matter was referred to the Public Works Department.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, discussed the pro-
posed Concurrency Rule and possible required changes to the
impact fee regulations. Jim Lewis addressed the Board.
After discussion, motion was made by commissioner Lytton and
seconded by Commissioner Jones establishing it is the posi-
tion of the Board of County Commissioners that impact occurs
at the time of occupancy and use and that impact fees would
be collected accordingly, said position to be effective
July 1st. Motion carried unanimously.
The County Attorney also discussed the following:
a suit by GECC concerning a theft of an aircraft~ his
appearance before the Cabinet regarding the issue of burden
of proof concerning appeal cases by the DCA. He also
advised that the Big Pine Road suit was scheduled for
March 28th and 29th. At this point, Mayor Puto read a
letter from Henry Morgenstern, attorney, regarding possible
litigation concerning those agencies that encourage develop-
ment affecting the Key Deer Habitat on Big Pine Key. Mr.
Ludacer also advised that he had spoken to the Judge in the
case concerning contiguous lots and the Judge advised that
the County should not do any advertising as this was not in
accordance with the Florida Rules of Civil Procedure.
DIVISION OF COMMUNITY SERVICES
Airport Services
Peter Horton, Division Director, requested clarifi-
cation of the Board's previous approval concerning Keys Air
assignment of lease to ComAir. The Board indicated that
they wanted to have documents before them prior to granting
such approval. Mr. Horton advised that ComAir was presently
operating at the Airport.
DIVISION OF GROWTH MANAGEMENT
Donald Craig, Division Director, discussed the
Land Use Plan Hearings scheduled for March 8th and Finals
scheduled for March 21st concerning Destination Resorts and
Affordable Housing. He also briefly discussed the procedure
for transmission of the Amendments to DCA.
Mr. Craig advised the Board of a scheduled meeting
between himself, Commissioner Stormont, Commissioner Lytton,
County Administrator Brown, representatives of DNR, DER and
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DCA concerning several issues.
Mr. Craig discussed and made a presentation of
plans for the proposed Monroe Regional Service Center in
Marathon. Motion was made by Commissioner Harvey and
seconded by Mayor Puto to authorize Staff to proceed with
the proposed Joint State/County Development. Motion carried
unanimously.
Motion was made by Commissioner Jones and seconded
by Mayor Puto to adopt the following Resolution con-
ditionally approving the request of The Big K Seafood
Company, Inc. for a Major Conditional Use Development Order.
Motion carried unanimously.
RESOLUTION NO. 134-1989
See Res. Book No. 75 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Engineering
Tom Brown, County Administrator, discussed the
County's assistance with the Lower Matecume Beach Fence.
Motion was made by Mayor Puto and seconded by Commissioner
Stormont to approve the County's participation at an esti-
mated cost of $9,000.00 for transporting and placing fence
posts in addition to grading of a parking area. Motion
carried unanimously. Debbie Harrison of the Florida Keys
Land Trust addressed the Board.
DIVISION OF MANAGEMENT SERVICES
Paul Wick, Grants Manager, discussed the two firms
who are being proposed to provide lobbying services to the
Board of County Commissioners: Morgan & Hendrick and
L. Garry Smith and Associates. He advised that upon further
negotiation, the firm of L. Garry Smith and Associates
(Rick Watson - lead person) had agreed to provide the ser-
vice for $25,000.00 plus not to exceed $7,500.00 in
expenses. Jim Hendrick of the firm of Morgan & Hendrick
addressed the Board concerning their qualifications and
willingness to work for those rates. Motion was made by
Commissioner Stormont and seconded by Commissioner Lytton to
consider the proposal for use of a lobbyist in the Board's
budget process for Fiscal Year 1989-1990 and to be employed
during the 1990 Session. Roll call vote was unanimous.
Motion was then made by Commissioner Jones and seconded by
Commissioner Lytton to retain the existing lobbyist on a
case-by-case basis as needed. Motion carried unanimously.
MUNICIPAL SERVICES DISTRICT (WASTE)
Charles Aguero, MSD Manager, and Fred Tittle,
attorney for the Garbage Franchisees, addressed the Board
regarding the Franchise Agreement Amendments. Commissioner
Stormont discussed proposed modifications. Mr. Tittle, on
behalf of the Franchisees, accepted the following modifica-
tions to the Agreement Amendments:
On Page 3, the first full paragraph at the
top of the page is now to read as follows:
"The sum described in Subparagraph (b)
shall be payable by, and billed directly
to, the owner(s) in the case of a rental
development, to the property owners'
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association or to another appropriate
management entity on a monthly basis only
after the procedure outlined in paragraph
4(a) as herein amended. The sum shall be
payable in advance."
On Page 3, Section 4, the first paragraph
is now to read as follows: "Commencing
on January 1, 1989 and continuing through
December 31, 1989, the Contractor shall
furnish to the County Administrator, in a
format satisfactory to the Administrator,
a list of the Contractor's commercial
accounts."
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to adopt, with the above modifications,
a Resolution authorizing execution of a certain Franchise
Agreement Amendment between Monroe County and Florida
Disposal Company. Motion carried unanimously.
RESOLUTION NO. 135-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to adopt, with the above modifications,
a Resolution authorizing execution of a certain Franchise
Agreement Amendment between Monroe County and Bland Disposal
Service, Inc. Motion carried unanimously.
RESOLUTION NO. 136-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to adopt, with the above modifications,
a Resolution authorizing the execution of a certain
Franchise Agreement Amendment between Monroe County and
Baltuff Disposal Services, Inc. Motion carried unanimously.
RESOLUTION NO. 137-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to adopt, with the above modifications,
a Resolution authorizing the execution of a certain
Franchise Agreement Amendment between Monroe County and
Marathon Garbage Service. Motion carried unanimously.
RESOLUTION NO. 138-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to adopt, with the above modifications,
a Resolution authorizing the execution of a certain
Franchise Agreement Amendment between Monroe County and
Island Disposal Company, Inc. Motion carried unanimously.
RESOLUTION NO. 139-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to adopt, with the above modifications,
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a Resolution authorizing the execution of a certain
Franchise Agreement Amendment between Monroe County and Keys
Sanitary Service. Motion carried unanimously.
RESOLUTION NO. 140-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to adopt, with the above modifications,
a Resolution authorizing the execution of a certain
Franchise Agreement Amendment between Monroe County and
Ocean Reef Solid Waste, Inc. Motion carried unanimously.
RESOLUTION NO. 141-1989
See Res. Book No. 75 which is incorporated herein by
reference.
Mr. Aguero requested approval to negotiate the
purchase of one water truck. Motion was made by
Commissioner Jones and seconded by Commissioner Lytton to
approve and authorize the purchase on the cheapest and
quickest possible basis. Motion carried unanimously.
Mr. Aguero then requested approval to negotiate for
the installation of culverts for the perimeter road at Long
Key. Motion was made by Commissioner Jones and seconded by
Commissioner Lytton to approve. Motion carried unanimously.
SOUNDING BOARD
Fred Tittle, attorney, addressed the Commission
concerning the matter of the approval of three Ocean Reef
preliminary plats before the Planning Commission and their
subsequent vote. In conclusion, Mr. Tittle asked that this
item be put on the Agenda for the Board of County
Commissioners meeting on March 21, 1989 and advised that in
the interim, he would attempt to work out the problem with
the Planning Commission and if he was able to do so, he
would withdraw the item from the Agenda~ if not, he would
address the Board at that time.
The Regular Meeting of the Board of County
Commissioners recessed.
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DISTRICT 11
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
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 Hal Halenza, Eugene Lytton,
Russ Radom, John Stormont and Chairman Michael Puto.
Reggie Paros, Director of the Division of Public
Safety, advised that the Stock Island Volunteer Fire
Department had requested an extension on the existing
Volunteer Reimbursement Agreement. Motion was made by
Commissioner Radom and seconded by Chairman Puto to extend
the existing Agreement for ninety days. Motion carried una-
nimously.
The Board of Governors was informed of receipt of
the following bids for the Remount, Refurbishment and
Modification of Type III Ambulances:
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Emergency Vehicles, Inc.
Lake Park, Florida
$147,955.00
Excellance, Inc.
Madison, Alabama
$175,328.00
Motion was made by Commissioner Halenza and
seconded by Commissioner Lytton to award to the low bidder,
Emergency Vehicles, Inc., in the amount of $147,955.00.
Motion carried unanimously.
There being no further business, the meeting of the
Board of Governors of District 11 Lower and Middle Keys Fire
and Ambulance District adjourned.
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The Board of County Commissioners reconvened with
all Commissioners present.
PUBLIC HEARINGS
A Public Hearing was then held on a proposed
Ordinance creating procedural and substantive standards for
the granting of cable television system franchises in the
Unincorporated Area of Monroe County by providing defini-
tions~ by providing for the submission of franchise propo-
sals to the County Administrator and the information
required for such proposals~ by providing for a Public
Hearing on such proposals before the Board of County
Commissioners and the criteria by which the Board shall
approve or disapprove such proposals~ providing for the
nature and extent of any franchise granted including the
requirement of certain standards of service availability,
service standards, restrictions on the use of rights-of-way
in order to prevent disruption to the traveling public and
private property owners, the use of franchisee equipment in
the event of an emergency, the provision of basic cable ser-
vices at certain County facilities, the provision of
franchisee insurance and indemnification on behalf of the
County, the requirement that rates and charges be filed with
the County Administrator, and the requirement of the payment
of a 5% of gross revenue franchise fee to Monroe County~
providing for certain restrictions on the transfer of any
franchise granted pursuant to this Ordinance; providing for
the termination of any franchise granted under this
Ordinance for cause and the procedures therefor~ providing
for the operation, purchase and sale of the cable system
after the termination or expiration of a franchise~ pro-
viding procedures and substantive requirements for the grant
of a new franchise to the holders of existing franchises~
providing for certain restrictions on the terms and con-
ditions on the granting of overlapping franchises~ providing
for franchisee payment of County legal expenses, including
attorneys' fee, in certain instances~ providing that this
Ordinance shall not affect the terms of existing franchises
except to the extent that such franchisees must seek a new
franchise pursuant to this Ordinance~ providing for severa-
bility~ providing for the repeal of all Ordinances incon-
sistent herewith~ providing for incorporation into the
Monroe County Code~ and providing an effective date. Proof
of publication was entered into the record. Motion was made
by Commissioner Lytton and seconded by Commissioner Jones to
read by title only. Motion carried unanimously. Vickie
Coursen of TCI Cablevision of Florida, Inc. Motion was made
by Commissioner Stormont and seconded by Commissioner Harvey
to continue to the next two Commission Meetings. Motion
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107
carried unanimously.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, discussed the need
to install temporary courtroom facilities at Marathon and
Plantation Key. He advised that this could be accomplished
by the use of temporary trailer facilities and requested
authority to expend $100,000.00 from the Capital Projects
Reserve Account. Motion was made by Commissioner Lytton and
seconded by Commissioner Jones directing the County
Administrator to explore the possible use of the Law
Enforcement Impact Fee Trust Fund for the possible purchase
of two temporary courtoom facilities to be used in Marathon
and Plantation Key and, if that is not possible, to
authorize the transfer of $100,000.00 from the Capital
Improvements Reserve Account. Motion carried unanimously.
DIVISION OF PUBLIC SAFETY
Report
Reggie Paros, Division Director, advised the Board
that Miami Air Rescue Service has adopted a policy that they
will transport only to a trauma center that has been
verified and accepted by the Department of Health and
Rehabilitative Services and that at the present time, the
only such center existing in Miami is Jackson Memorial
Hospital. Miami Air also advised that they will transport
non-trauma cases only to hospitals that have on-site heli-
pads.
DIVISION OF PUBLIC WORKS
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
discussed a programming meeting to be held tomorrow con-
cerning the enclosure of the atrium at the Plantation Key
Government Center.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, discussed the
Board's Meeting Schedule. He recommended that the Board
consider meeting every third Tuesday, instead of the present
first and third Tuesdays, which would provide for seventeen
meetings annually and that the Board consider Special
Meetings if and when they are required for specific pur-
poses. Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to approve for a trial period of six
months with the Board meeting every third week. Motion
carried unanimously. Motion was made by Commissioner Jones
and seconded by Commissioner Lytton to continue those
meeting days on Tuesday. Motion carried unanimously.
The Board then discussed the method of add-ons to
the Agenda. Commissioner Lytton advised that, in his opi-
nion, add-ons should be allowed with a simple majority.
After further discussion, motion was made by Commissioner
Jones and seconded by Commissioner Stormont to amend the
Board's Administrative Procedures to provide that add-ons to
the Agenda will require the unanimous agreement of the Board
of County Commissioners. Motion carried unanimously.
Mr. Brown discussed the scheduled meeting with DCA,
DER and DNR on March 16th and 17th and advised that during
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that period, Peter Horton would be Acting County
Administrator.
The County Administrator discussed the preliminary
Hansen-Lind-Meyer report and advised that possible use of
the area near Boca Chica would present difficulties due to
its proximity to the Naval Air Station.
Mr. Brown discussed the dedication of the Cudjoe
Key Sheriff's Substation.
The County Administrator advised the Commission of
receipt of a letter from Vincent Drost objecting to the new
FEMA Regulations which would raise the minimum height
requirements in his subdivision (no copy of this letter was
presented for the record).
Mr. Brown discussed the Department of Environmental
Regulation and Monroe County MSD Consent Order. Motion was
made by Commissioner Stormont and seconded by Commissioner
Jones to approve the Consent Order. Motion carried unani-
mously.
Mr. Brown requested authority from the Board to
create a Quality Assurance Department in MSD. After
discussion, motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to authorize the creation of
a Quality Assurance Department in MSD for a six-month period
to enforce the terms of the Consent Order. Roll call vote
was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
No
Yes
Yes
Yes
Motion carried. Mr. R. J. Helbling addressed the Board.
The County Administrator discussed with the Board a
proposal to provide a 2% pay increase to off-set the with-
holding required by IRS Regulations for non-management
employees who use County vehicles and take them home because
they are required to be on 24-hour call. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
approve for the following On-Call Vehicle List:
Robert Means, Assistant Director, Public
Facilities Maintenance
Mark MacLaughlin, Operations Superintendent,
Facilities Maintenance
Gilbert Hammond, Area Supervisor, Plantation
Key
John Chaffee, Area Supervisor, Marathon
Andrew Anson, Foreman, Road Department,
Marathon
William Kelly, Facilities Foreman/Coordinator,
Marathon
Marty Gates, Heavy Equipment Operator, Road
Department, Key West
David Renshaw, Diesel Mechanic, Plantation Key
Fred Gartenmayer, Plumber, Key West
Albert Adkins, Carpenter Foreman, Key West
Robert Anderson, Electrician, Key West
George Vadurro, Equipment Operator, Plantation
Key
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Joe Gartenmayer, Foreman, Road Department, Key
West
Vincent Saponara, Facilities Inspector, Key West
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Yes
Motion carried.
The Board discussed a proposed Agreement with
Tavernier Volunteer Fire and Ambulance Corps, Inc. and
memoranda concerning same from Commissioner Stormont dated
March 6, 1989 and the County Administrator dated March 1,
1989. Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to postpone this matter to the next
meeting and to direct that Staff coordinate Commissioner
Stormont's comments in his March 6th memorandum. Motion
carried unanimously.
AWARD OF BIDS
The Board was advised of receipt of the following
bid for Furnishing of Janitorial Services, including equip-
ment needed for same, for the Monroe County Sheriff's
Department, J. Lancelot Lester Justice Building:
Ace Building Maintenance
Key West, Florida
$2,300.00
per mon th
Motion was made by Commissioner Lytton and seconded by
Commissioner Harvey to accept the recommendation of the
Public Works Division to award the bid to the only bidder,
Ace Building Maintenance, in the amount of $2,300.00 per
month. Motion carried unanimously with Commissioners Jones
and Stormont not present.
The Board was advised of receipt of the following
bids for Furnishing of Janitorial Services, including equip-
ment needed for same, Key West Jackson Square consisting of:
State Attorney's Office, State Attorney's Trailer,
Supervisor of Elections Office, Administration Building:
Ace Building Maintenance
Key West, Florida
$2,475.00
per month
Motion was made by Commissioner Puto and seconded by Mayor
Puto to accept the recommendation of the Public Works
Division to award the bid to the only bidder, Ace Building
Maintenance, in the amount of $2,475.00 per month. Motion
carried unanimously with Commissioners Jones and Stormont
not present.
The Board was advised of receipt of the following
bids for Furnishing of Janitorial Services, including equip-
ment needed for same, for Social Services and Veterans
Affairs Office, 1315 Whitehead Street, Key West:
Ace Building Maintenance
Key West, Florida
$725.00
per month
Motion was made by Commissioner Lytton and seconded by
Mayor Puto to accept the recommendation of the Public Works
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Division to award the bid to the only bidder, Ace Building
Maintenance, in the amount of $725.00 per month. Motion
carried unanimously with Commissioners Jones and stormont
not present.
The Board was advised of receipt of the following
bids for Furnishing of Janitorial Services, including equip-
ment needed for same, for Chaplin Building, Marathon:
Executive Building Services
Marathon
$247.00
per week
Island Pearl Enterprise Inc.
Marathon Shores
$4,633.00
per month
Motion was made by Commissioner Lytton and seconded by Mayor
Puto to accept the recommendation of the Public Works
Division to reject the bids and authorize re-advertisement.
Motion carried unanimously with Commissioners Jones and
Stormont not present.
The Board was advised of receipt of the following
bids for Furnishing of Janitorial Services, including equip-
ment needed for same, for the Plantation Key Government
Complex consisting of: Ellis Building, Government Center,
Social Services, Senior Citizens Building, Code Enforcement,
Road Department~ and Health Department in Tavernier:
Dependable Janitorial &
Cleaning Maintenance
Key Largo
$82,494.78
per year for
both locations
Maid For You
Key Largo
$42,000.00
per year for
Govt. Center
and
$7 ,800.00 per
year for
Health Dept.
Motion was made by Commissionr Lytton and seconded by Mayor
Puto to accept the recommendation of the Public Works
Division and award the bid for the Plantation Key Government
Complex to the low bidder, Maid For You, in the amount of
$42,000.00 and also to award the bid for the Health
Department in Tavernier to the low bidder, Maid For You, in
the amount of $7,800.00. Motion carried unanimously with
Commissioners Jones and Stormont not present.
The Board was advised of receipt of the following
bids for the Key Vaca Roads VI Project:
General Asphalt Co., Inc.
Miami, Florida
$81,215.00
$81,915.00 with
thermoplastic
The Brewer Co. of Florida, Inc.
Miami, Florida
$58,100.00
$58,710.00 with
thermoplastic
Motion was made by Commissioner Lytton and seconded by
Commissioner Harvey to accept the recommendation of the
Public Works Division to award the bid to the low bidder,
The Brewer Co. of Florida, Inc., in the amount of $58,710.00
and authorize the Public Works Division to negotiate for
107th Street at approximately $15,000.00 additional. Motion
carried unanimously with Commissioner Stormont not present.
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The Board was advised of receipt of the following
bids for the Card Sound Roads I Project:
General Asphalt Co., Inc.
Miami, Florida
$125,305.00 base bid
$134,429.00 with
thermoplastic
$61,664,37 additive items
The Brewer Co. of Florida, Inc.
Miami, Florida
$78,337.00 base bid
$87,004.80 with
thermoplastic
$54,276.25 additive items
Motion was made by Commissioner Jones and seconded by
Commissioner Lytton to accept the recommendation of the
Public Works Division to award the bid to the low bidder,
The Brewer Co. of Florida, Inc., in the amount of
$132,613.25 and an additional $50,000.00 for 0.8 mile of
pavement outside of the District, pursuant to the provisions
of 125.01(M). Motion carried unanimously.
The Board was advised of receipt of the fOllowing
bids for the Key Largo Roads VIII Project:
General Asphalt Co., Inc.
Miami, Florida
$128,531.25
$129,653.75 with
thermoplastic
The Brewer Co. of Florida, Inc.
Miami, Florida
$98,717.25
$99,401.75 with
thermoplastic
Motion was made by Commissioner Harvey and seconded by
Commissioner Jones to accept the recommendation of the
Public Works Division to award the bid to the low bidder,
The Brewer Co. of Florida, Inc., in the amount of
$99,401.75. Motion carried unanimously.
The Board was advised of receipt of the following
bid from Williams Island Food Service for Catering For
Bayshore Manor:
Williams Island Food Service, Inc.
Key West, Florida
$2.67 per meal
Motion was made by Commissioner Jones and seconded by
Commissioner Lytton to accept the recommendation of the
Community Services Division and award the bid for Catering
For Bayshore Manor to Williams Island Food Service, Inc. in
the amount of $2.67 per meal. Motion carried unanimously.
Peter Horton, Division Director/Community Services,
addressed the Board.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to accept Staff's recommendation to
reject all bids and authorize re-advertisement for the
Michelle's Cut Boating Improvement Project. Motion carried
unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to accept Staff's recommendation to
reject all bids and authorize re-advertisement for the Waltz
Key/Jewfish Basin Pass. Motion carried unanimously.
The Board was advised of receipt of the following
bids for the Upper Sugarloaf Sound/Johnston Key Pass Boating
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Improvement Project:
Frank Keevan & Son, Inc.
Key West, Florida
$62,400.00
Peter Jones/Marine Construction
Key Colony Beach, Florida
$38,900.00
Rodgers Drilling Service, Inc.
Big Pine Key, Florida
Motion was made by Commissioner Lytton and second~y
Commissioner Jones to accept the recommendation of~e
Community Services Division to award the bid to the low
bidder, Peter Jones/Marine Construction, in the amount of
$38,900.00.
$79,950.00
There being no further business, the meeting was
adjourned.
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