04/04/1989 Regular
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153
Regular Meeting
Board of County Commissioners
Tuesday, April 4, 1989
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in Courtroom "B" of the Courthouse Annex in Key West.
Present and answering to roll call were Commissioner
Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner
Eugene Lytton, Commissioner John Stormont, and Mayor Michael
Puto. Also present were Danny L. Kolhage, Clerk; Rosalie L.
Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Tom
Brown, County Administrator; County Staff; members of the
Press and Radio; and the general public.
All stood for the Pledge of Allegiance and
Invocation.
The Board proceeded to make additions, deletions
and changes to the Agenda.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve the following
items by unanimous consent:
COMMISSIONERS I ITEMS
Board authorized the Mayor to execute the Community Services
Block Grant Award Agreement for Grace Jones Daycare Center.
Board authorized travel to Washington, D.C., April 25-27,
for F.E.M.A. presentation.
Board authorized travel to Miami, April 4-8, for National
Hurricane Conference.
Board authorized travel to Tampa, May 14-18, for Governor's
Hurricane Conference.
Board authorized travel to Cincinnati, July 14-18, for NACO
Convention.
BULK APPROVALS
Board adopted the following Resolutions concerning transfer
of funds.
RESOLUTION NO. 172-1989
RESOLUTION NO. 173-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 174-1989
RESOLUTION NO. 175-1989
RESOLUTION NO. 176-1989
RESOLUTION NO. 177-1989
See Res. Book No. 76 which is incorporated herein by
reference.
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Board adopted the following Resolution rescinding Resolution
No. 142-1989 regarding transfers.
RESOLUTION NO. 178-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Board adopted the following Resolutions transferring Tourist
Development Council funds.
RESOLUTION NO. 179-1989
RESOLUTION NO. 180-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Board granted permission to Sheraton Key Largo Resort to use
Harry Harris Park on June 4, 1989 for the Annual Employee
Picnic, subject to previously scheduled use.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $41,393.72 (Input Range 3/10/89 to
3/14/89), subject to final invoice approval by the Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $162,854.22 (Input Date 3/14/89),
subject to final invoice approval by the Finance Department.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of William Waite for placement of mobile home below the base
flood elevation on Lot 75, Sunset Acres, Tavernier; Zoned
URM - Urban Residential Mobile; Coastal Flood Zone V-16,
Panel 0994C.
Board adopted the following Resolutions transferring funds.
RESOLUTION NO. 181-1989
RESOLUTION NO. 182-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
to approve the Title III-D Grant Application by and between
Monroe County and the Monroe County In-Home Services Program
for the period January 1, 1989 through June 30, 1989.
RESOLUTION NO. 183-1989
See Res. Book No. 76 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Board adopted the following Resolution authorizing the exe-
cution of an Agreement by and between the County and Exide
Electronics regarding renewal of Maintenance Agreement For
UPS System (as amended by the County Attorney1s Office).
RESOLUTION NO. 184-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Grants Management
Board adopted the following Resolution limiting the use of a
parcel of real property located on Big Pine Key for public
outdoor recreation.
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RESOLUTION NO. 185-1989
See Res. Book No. 76 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Card Sound Bridge ~ Road Authority
Board adopted the following Resolution authorizing execution
of a Contract by and between Monroe County and Amtel
Security Systems, Inc. concerning the purchase and installa-
tion of barrier gates for the Card Sound Toll District.
RESOLUTION NO. 186-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Facilities Maintenance
Board adopted the following Resolution authorizing execution
of a Contract with Ace Building Maintenance concerning
Janitorial Services for Jackson Square.
RESOLUTION NO. 187-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Contract with Ace Building Maintenance concerning
Janitorial Services for the J. Lancelot Lester Justice
Building.
RESOLUTION NO. 188-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Contract with Ace Building Maintenance concerning
Janitorial Services for 1315 Whitehead Street.
RESOLUTION NO. 189-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Contract with Maid For You concerning Janitorial
Services for the Plantation Key Government Complex.
RESOLUTION NO. 190-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Contract with Maid For You concerning Janitorial
Services for the Health Department, Tavernier.
RESOLUTION NO. 191-1989
See Res. Book No. 76 which is incorporated herein by
reference.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo
D. Marcovici, M.D., in the amount of $400.00.
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COURT-APPOINTED ATTORNEYS, Jeffrey B. Meyer, in the
amount of $476.25; Charles M. Milligan, in the amount of
$140.00; T. Nicholas Thomes, in the amount of $1,253.00.
OTHER EXPENSES, Louis J. Spallone, Clerk, in the
amount of $200.00.
COURT REPORTER SERVICES, A. J. Reporting Service,
in the amount of $4,406.00; Associated Court Reporters, in
the amount of $690.50; Billee Jean Fase, in the amount of
$90.00; Florida Keys Reporting, in the amount of $373.25;
Nancy J. Maleske, in the amount of $681.75; Nichols & Hardy,
in the amount of $2,269.25; Barry Crane Reporters, in the
amount of $45.00; Lisa Roeser/Nichols & Hardy, in the amount
of $69.60.
COURT INTERPRETER SERVICES, J. R. Alayon, in the
amount of $80.00; Juan Borges, in the amount of $295.00;
Alexandra Ramos, in the amount of $25.00.
EXPERT WITNESS FEES, Tanju T. Mishara, Ph.D., in
the amount of $150.00; Jessee Q. Sewell, III, M.D., in the
amount of $300.00; Ann Vlaun-Ison, A.R.N.P." in the amount
of $175.00; G. D. Wright, M.D., in the amount of $300.00;
Oren D. Wunderman, Ph.D., in the amount of $375.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $3,673.60; Regular Witness Fees, in the amount of
$260.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, 1104755-#105518, in the
amount of $2,004,691.99. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #274, in the
amount of $33,691.77:-
FINE & FORFEITURE FUND, #818-#819, in the amount of
$72,365.4r:-- -
AIRPORT OPERATION & MAINTENANCE FUND, 1523-#524, in
the amount of $203,937.67.
ROAD & BRIDGE FUND, 1552, in the amount of
$94,356.9~ - ----
MSD TAX DISTRICT, #1231, in the amount of
$163,824.30. ---
MSD - MARINE BANK (Marathon), #478, in the amount
of $84,292.45.
MSD - PLEDGED FUNDS, #144-#145, in the amount of
$400,500.00.
LAW LIBRARY FUND, #274, in the amount of $1,808.35.
CAPITAL PROJECTS FUND, #346, in the amount of
$13,054.68. ----
CARD SOUND BRIDGE FUND, 1273, in the amount of
$26,484.10:-- ----
WORKERS COMPENSATION, 12798-#2809, in the amount of
$12,993.93.
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TOURIST DEVELOPMENT COUNCIL, #585-#586, in the
amount of $53,078.14.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, #301,
in the amount of $58,412.66.
TRANSLATOR FUND, #216, in the amount of $8,188.51.
003 COMMUNITY DEVELOPMENT BLOCK GRANT, #45, in the
amount of $339.75.
310-314 FAIR SHARE IMPROVEMENT TRUST ACCOUNT, #6,
in the amount of $881.00.
503 RISK MANAGEMENT FUND, #31, in the amount of
$9,739.64.
701-711 FIRE AND AMBULANCE SERVICE, #5, in the
amount of $197.72:------
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, PARKS &~ACHES UNINCORPORATED, 1188-'189,
in the amount of $167,687.52.
Board approved processing for payment of Invoice No. 4758
from Renaissance Printing, Inc. in the amount of $1,255.00
regarding printing in connection with the Series 1988B
Revenue Bonds.
AWARD OF BIDS
Board accepted Staff recommendation to postpone award of bid
for Bridge Rehabilitation - Duck Key/Marathon Bridges.
Board accepted Staff recommendation to postpone award of bid
for Bridge Rehabilitation - Key Colony Beach Causeway.
Board accepted Staff recommendation to postpone award of bid
for Traffic Signal Maintenance and Repair from 7-Mile Bridge
to Dade County Line.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Puto, County Administrator Tom Brown,
Community Services Division Director Peter Horton, and
Social Services Director Louis LaTorre presented the
February Employee of the Month Award to Lenora Russell of
Bayshore Manor.
Mayor Puto read a Proclamation proclaiming the week
of April 9-15, 1989 as BIG BROTHERS/BIG SISTERS VOLUNTEER
APPRECIATION WEEK in Monroe County.
Mayor Puto read a Proclamation proclaiming the week
of April 2-8, 1989 as GUARDIAN AD LITEM WEEK in Monroe
County and presented same to members of the Program.
Mayor Puto presented to Marian Goldner a
Proclamation proclaiming the month of April, 1989 as KEY
DEER PROTECTION MONTH in Monroe County and also read into
the record a similar document from the City of Key Colony
Beach.
Mayor Puto read a Proclamation proclaiming the week
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of April 1, 1989 as SCHOOL BUS DRIVERS WEEK in Monroe
County.
Mayor Puto read a Proclamation proclaiming the week
of April 9-15, 1989 as MONROE COUNTY VICTIMS I RIGHTS WEEK.
Motion was made by Mayor Puto and seconded by
Commissioner Lytton to appoint Johnny Mayne to the Florida
Keys Council for the Handicapped. Motion carried unani-
mously.
Motion was made by Commissioner Harvey and seconded
by Commissioner Lytton to appoint Susan Frank to the Florida
Keys Council for the Handicapped. Motion carried unani-
mously.
Joan Borel, Secretary of Friends of Florida,
Incorporated, addressed the Board. After discussion, motion
was made by Commissioner Harvey and seconded by Commissioner
Stormont to adopt the following Resolution granting per-
mission for public recreational access over County-owned
lands located in the Salt Ponds in Key West, and creating a
Bird Sanctuary in said Salt Ponds in memory of Commander
William H. "Bill" Westray.
RESOLUTION NO. 192-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
Yes
Yes
Motion carried.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to appoint George Kundtz to the
Monroe County Solid Waste Task Force. Motion carried unani-
mously.
The Board entered into a lengthy discussion con-
cerning Ordinance No. 006-1989 regarding hours of sale for
alcohol. Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to direct the County Attorney to
bring back a proposed Ordinance at the next meeting con-
cerning amendments regarding closing hours of bars, etc. and
also granting permission to the County Attorney to proceed
with the necessary advertising for one Public Hearing to be
held in Key Colony Beach as soon as possible and directing
that the heading be prepared appropriately. Richard Oster
and Bob Sorensen addressed the Board. Roll call vote was
unanimous.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to vacate the Monroe County vs. Graham
Agreement and to consider Monroe County vs. Graham a moot
point. Al Damron and George Kundtz addressed the Board.
Roll call vote was unanimous. The County Attorney was
directed to inform DCA and the Courts of this action by the
Board. Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to rescind the Board1s previous
vote on the 1984 Principles and allow the Task Force and
Legislative Delegation to work together to resolve a sound
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basis for managing the future growth of Monroe County.
Motion was made by Commissioner Jones to amend to keep the
1984 Principles except for that portion which applies to
Major Development and to put a one-year moratorium on major
developments and destination resorts and properties of that
nature. During discussion, the motion to amend was
withdrawn. The following persons addressed the Board: Earl
Cheal, George Kundtz, Sven Linskold, Jim Lewis, Bill Smith
and Al Damron. Roll call vote on the original motion was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Yes
Motion carried. Motion was then made by Commissioner Jones
and seconded by Commissioner Lytton to have a moratorium
placed on all Major Development construction (as defined by
Staff and not in the "pipeline") for one year and if
Representative Saunders disbands the Task Force, that the
County continue the same. After discussion, motion was made
by Commissioner Jones and seconded by Commissioner Lytton to
continue to later in the day and to instruct the County
Attorney and Staff to research findings of fact, etc. for
the imposition of a moratorium and report back to the Board.
Motion carried unanimously.
After discussion, motion was made by Commissioner
Lytton and seconded by Commissioner Harvey to continue to
the next meeting the request for an extension of the
Sub-Lease from the Greater Marathon Chamber of Commerce,
Inc. to the Marathon Jaycees, Inc. to extend until 2048.
Motion carried unanimously.
Mayor Puto discussed the Upper Keys Health Care
Taxing District. Motion was made by Commissioner Stormont
and seconded by Commissioner Jones to continue to the
April 25th meeting. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to adopt the following Resolution
supporting Senate Bill 121 and advising our legislative
delegation of the County1s support. Motion carried unani-
mously.
RESOLUTION NO. 193-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Bill Smith of the Florida Keys Contractors Association
addressed the Board. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to adopt the following Resolution sup-
porting Senate Bill 504 and House Bill 677 and advising our
legislative delegation of the County1s support. Motion
carried unanimously.
RESOLUTION NO. 194-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to adopt the following Resolution
advising of the County1s opposition to House Bill 186.
Motion carried unanimously.
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RESOLUTION NO. 195-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
~s
Yes
Motion carried.
The Board discussed pre-filed House Bill 354 con-
cerning a major transportation funding package. The County
Administrator was directed to get together with the "Road
Tax Experts" and report back to the Board at the April 11th
meeting.
Commissioner Stormont informed the Board of the
resignation of Jay Miller from the Land Authority Advisory
Board. Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to appoint Bill Mallinger to
the Land Authority Advisory Board. Motion carried unani-
mously.
The Regular Meeting of the Board of County
Commissioners recessed.
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BEACH AUTHORITY
The Beach Authority convened. Present and
answering to roll call were Commissioner Wilhelmina Harvey,
Commissioner Douglas Jones, Commissioner Eugene Lytton,
Commissioner John Stormont, and Mayor Michael Puto.
Randy Moore addressed the Authority.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to direct Randy Moore to contact the
Tourist Development Council to see if it is legally feasible
and if funding is available and allowable from the Third
Penny Funds of TDC to hire a Consultant for the Beach
Renourishment Project and to authorize an RFP for such
Project Consultant. Motion carried unanimously.
The Board directed the County Attorney to decide if
his office was able to serve as Special Counsel to the
Authority and to report back to the Board of County
Commissioners.
There being no further business, the meeting of the
Beach Authority was adjourned.
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The Regular Meeting of the Board of County
Commissioners reconvened with all Commissioners present.
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to approve the foregoing
actions by the Beach Authority in context of utilization of
funds already set aside, subject to legal clarifications.
Motion carried unaimously.
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The Board recessed for lunch.
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DISTRICT #1
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 Eugene Lytton, Russ Radom,
John Stormont and Chairman Michael Puto. Absent from the
meeting was Commissioner Hal Halenza.
Reggie paros, Assistant County Administrator/
Division of Public Safety, addressed the Board.
Motion was made by Commissioner Lytton and seconded
by Commissioner Radom to accept Staff1s recommendation to
award the bid for Maintenance of Monroe County Emergency
Services Fire/Rescue Vehicles to Fire Apparatus Repair, Inc.
as set out in memorandum from Fire/Rescue Director dated
March 23, 1989 and direct Staff to prepare proper contracts.
Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Mayor Puto to adopt the following Resolution authorizing
the Chairman to execute an Agreement between the Big Pine
Key Volunteer Fire Department, Inc. concerning the reimbur-
sement of volunteers. Motion carried unanimously.
RESOLUTION NO. 196-1989
See Res. Book No. 76 which is incorporated herein by
reference.
There being no further business, the meeting of the
Board of Governors of the Lower and Middle Keys Fire and
Ambulance District adjourned.
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The Regular Meeting of the Board of County
Commissioners reconvened with all Commissioners present.
MUNICIPAL SERVICE DISTRICT (WASTE)
Charles Aguero, MSD Manager, addressed the Board.
Connie Grabois, Recycling Coordinator, addressed
the Board and advised them of the current status of her
efforts concerning the program.
DIVISION OF MANAGEMENT SERVICES
Grants Management
Motion was made by Commissioner Harvey and seconded
by Commissioner Lytton to adopt the following Resolution
authorizing the submission of Grant Applications to the
Florida Department of Environmental Regulation for Recycling
and Waste Tire Grants and directing execution of same by
proper County authorities. Motion carried unanimously.
RESOLUTION NO. 197-1989
See Res. Book No. 76 which is incorporated herein by
reference.
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MUNICIPAL SERVICE DISTRICT (WASTE)
The Board entered into a discussion regarding the
intent and implementation of the Punch Card System for
dumping. After lengthy discussion, motion was made by
Commissioner Stormont and seconded by Commissioner Jones to
direct the County Administrator to prepare and bring back to
the Board at the next meeting the specific criteria
regarding the System and instructions to be followed by
employees so that the Board may make modifications if
necessary, and also to direct that the punch cards be sent
to all paid-up customers. Motion carried unanimously.
DIVISION OF COMMUNITY SERVICES
Social Services
Commissioner Harvey discussed the proposed privati-
zation of Bayshore Manor. Peggy McLain, President of the
Key West Women1s Club, addressed the Board. Ron Herren of
HRS addressed the Board. After discussion, motion was made
by Commissioner Harvey and seconded by Commissioner Jones to
refuse approval to prepare and advertise an RFP for privati-
zation of Bayshore Manor. Roll call vote was unanimous.
Motion was then made by Commissioner Stormont and seconded
by Commissioner Harvey to have Staff prepare and bring back
to the Board a recommendation of all methods available to
increase Bayshore Manor1s occupancy to twenty beds. Motion
carried unanimously.
Airport Services
The Board entered into a discussion of Marathon to
Miami air service. Ron Hauk of Commute Air addressed the
Board concerning his proposal to service Marathon.
Commissioner Stormont indicated that he would like to see
all potential airlines provide responses to a list of
standardized criteria before making a selection. Robert
Paterno, attorney representing Airways International, Inc.,
addressed the Board concerning his client1s proposal to ser-
vice Marathon. During discussion, motion was made by
Commissioner Jones and seconded by Commissioner Lytton to
accept both proposals and directing Staff to determine which
of the two airlines would get the counters pace and which
would need to use a temporary facility. During discussion,
the motion was withdrawn. Randy Mearns, President of the
Marathon Chamber of Commerce, addressed the Board. Ray
Kitchner addressed the Board. At this time, Peter Horton,
Assistant County Administrator, also advised that Eastern
Airlines and their several commuters operating under their
lease were in default and had been given a fifteen-day
notice. Randy Ludacer, County Attorney, briefly discussed
bankruptcy proceedings as they apply. Motion was made by
Commissioner Harvey and seconded by Commissioner Stormont to
authorize Commute Air to provide service in Key West and
Airways International, Inc. to provide service in Marathon,
subject to both airlines producing the proper documentation
as required by the Airport Director and subject to the
availability of space. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
No
Yes
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Motion carried. Motion was then made by Commissioner
Stormont and seconded by Commissioner Lytton to direct Staff
to establish criteria for evaluation of any future applica-
tions for airport services, to provide (at a minimum): a
Dun & Bradstreet Report, proof of insurance, number of
flights, type of flights, cost, available connections, type
of aircraft, number of passengers, and any other information
that Staff considers material including information on past
history. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held for the purpose of
receiving citizen views concerning the HUD Rental
Rehabilitation Program in accordance with the requirements
of 24 CFR Part 511. Proof of publication was entered into
the record. Roger Braun, Director of Special Programs for
the Monroe County Housing Authority, addressed the Board.
There was no public input. Motion was made by Commissioner
Jones and seconded by Commissioner Harvey to adopt the
following Reolution authorizing the Mayor of Monroe County
to submit an application for grant funds to the Federal
Department of Housing and Urban Development under its Rental
Rehabilitation Program. Motion carried unanimously.
RESOLUTION NO. 198-1989
See Res. Book No. 76 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
amending Article III of the Monre County Code of Ordinances
to include definitions for airport noise contro11 providing
for noise control at public airports of Monroe CountY1 pro-
viding for severabilitY1 providing for the repeal of all
Ordinances inconsistent herewith1 providing for incor-
poration into the Monroe County Code of Ordinances1 and pro-
viding for an effective date. Proof of publication was
entered into the record. Motion was made by Commissioner
Lytton and seconded by Commissioner Harvey to read by title
only. Motion carried unanimously. Commissioner Stormont
discussed a recommendation to delete Section 13-58 con-
cerning weight restrictions, corrections to Section 13-53(c}
to extend the years referred to therein by one year, and to
strike after the words "base year flights" those words
appearing at the end of the sentences under "Permissible
Flights" for 1989 and 1990. After discussion, motion was
made by Commissioner Stormont and seconded by Commissioner
Lytton to incorporate the proposed Ordinance in the Part 150
Noise Study to be reviewed by FAA and FAA would make a deci-
sion as to whether or not it is an acceptable noise abate-
ment alternative. The Board discussed the County
Administrator1s memorandum dated April 2, 1989 concerning
the New Haven, Connecticut Noise Ordinance. The following
individuals spoke: John Parks of Greater Key West Chamber
of Commerce, Buck DeVane of Greater Marathon Chamber of
Commerce, George Halloran of Last Stand, Peter Anderson of
Last Stand, Michael McCarthy, Arturo Espinola of Latin
American Chamber of Commerce, Bill Bolling of Friends of
Aviation. Roll call vote on the motion was unanimous.
Following the vote, the following individuals addressed the
Board: Phil Edwards Of Marathon Air, John Parks, Pat
Rebull. Motion was made by Commissioner Harvey and seconded
by Commissioner Stormont to reconsider the previous motion.
Roll call vote was taken with the following results:
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Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
Yes
Yes
Motion carried. Motion was made by Commissioner Stormont
and seconded by Commissioner Lytton to approve the previous
motion but replace the word "incorporate" with the word
"include" and replace the word "decide" with the word
"determine". Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner stormont
Mayor Puto
Yes
No
Yes
Yes
Yes
Motion carried. Ed Knight, Jim Robinson, George Anderson,
and Tica Walley addressed the Board. Motion was then made
by Commissioner Jones and seconded by Commissioner Stormont
that when the proposed Ordinance is included in the Part 150
Study for evaluation and brought back to the Board prior to
submission to FAA for final review, that a qualification be
attached to the Noise Ordinance proposal to the effect that
it has not been adopted by the Board nor is it recommended
at this point by the Board but included for FAA1s review and
evaluation as to the appropriateness as an acceptable noise
abatement strategy. Roll call vote was unanimous with
Commissioner Harvey absent from the meeting.
A Public Hearing was 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
requirements 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 I fees, 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
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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 Mayor Puto to read by
title only. Motion carried unanimously with Commissioner
Harvey not present. Vicki Courson of TCI, Inc. addressed
the Board. Motion was made by Commissioner Lytton and
seconded by Commissioner Jones to approve the County
Adminstrator's proposed amendment to be inserted at the end
of Section 10 on Page 16 and to read as follows: "The
franchisee shall for mutually agreeable and appropriate con-
sideration provide Monroe County Government a Public Service
TV Channel for use in conducting electronic arraignments,
telecasting public meetings, and providing public service
administration and announcements." Motion carried unani-
mously with Commissioner Harvey not present. Motion was
made by Commissioner Lytton and seconded by Commissioner
Jones to adopt the following Ordinance as amended. Roll
call vote was unanimous with Commissioners Harvey and
Stormont not present.
ORDINANCE NO. 009-1989
See Ord. Book No. 20 which is incorporated herein by
reference.
A Public Hearing was held to discuss the contract
for acquisition of the Truman Elementary School. Proof of
publication was entered into the record. Randy Ludacer,
County Attorney, advised the Board that he was in receipt of
the signed contract from The School Board for the purchase
of Truman School. There was no public input. Motion was
made by Commissioner Jones and seconded by Commissioner
Lytton to amend the contract to delete the following phrase
from Sections SA and SB: "...however, the School Board
reserves the right to have an independent appraisal made of
the property and if such appraisal determines the value of
the property to be less than that stated above, then the
County and the School Board shall meet and mutually agree to
the value of the property." and to adopt the following
Resolution authorizing the Mayor/Chairman of the Board of
County Commissioners to execute the Agreement For Exchange
Of Real Property, as amended, between The School Board of
Monroe County and the Board of County Commissioners of
Monroe County concerning the purchase of Truman Elementary
School.
RESOLUTION NO. 199-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
NO
Yes
Motion carried with Commissioner Harvey not present.
A Public Hearing was held on a proposed Ordinance
providing for the amendment of Section 3-12 of the Monroe
County Code entitled "Enforcement; Fines" Subsection (l)(a)
shall be amended to provide for a citation to the owner or
keeper of the animal; Subsection (1) (b) shall be deleted,
Subsection (1) (c) shall be renumbered as (1) (b); Subsection
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166
3 of Section 3-12 shall be amended by adding Subsection
(3)(a) to provide that violations of this section shall
constitute a civil infraction; Subsection 3 of Section 3-12
shall be amended by adding Subsection (3)(b) to provide for
court costs; Subsection 3 of Section 3-12 shall be further
amended by adding Subsection (3)(c) to provide for the
penalty if one does not contest the violation; Subsection
4 of Section 3-12 shall be deleted in its entirety; pro-
viding for severability; providing that all Ordinances or
parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict; providing
for inclusion in the Monroe County Code; and providing for
an effective date. Proof of publication was entered into
the record. Motion was made by Commissioner Lytton and
seconded by Mayor Puto to read by title only. Motion
carried unanimously with Commissioner Harvey not present.
There was no public input. Motion was made by Commissioner
Lytton and seconded by Commissioner Jones to adopt the
County Attorney's amended Ordinance. Motion carried unani-
mously with Commissioner Harvey absent from the meeting.
ORDINANCE NO. 010-1989
See Ord. Book No. 20 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Airport Services
Peter Horton, Division Director, discussed the
assignment of lease at the Marathon Airport by and between
Keys Air, Inc. and ComAir. Motion was made by Commissioner
Lytton and seconded by Commissioner Jones to approve the
County Attorney's recommendation to draft two new lease
documents and bring back to the next Regular Meeting.
Motion carried unanimously with Commissioner Harvey not pre-
sent.
AWARD OF BIDS
--
Peter Horton, Division Director/Community Services,
discussed the award of bid for the Third FBO at Marathon
Airport and a proposal received from Keys Air, Inc. Sheri
Smallwood, attorney representing Keys Air, Inc., addressed
the Board. Earl Cheal addressed the Board. Motion was made
by Commissioner Jones and seconded by Comissioner Lytton to
authorize Staff to negotiate a contract to meet all State,
County and Local regulations and including the following
policy directives:
(a) that it be in accordance with the
Standard FBO Agreement
(b) that it satisfy the requirements
of Major Conditional Use
(c) that there was no promise to pave
the area
Roll call vote was taken with the following results:
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
No
Yes
Motion carried with Commissioner Harvey not present.
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BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to adopt the following
Resolution authorizing execution of an Agreement between
Monroe County and Frank Keevan & Son, Inc. concerning the
Boating Improvement Fund Project located at Tavernier Creek
(Oceanside). Motion carried unanimously with Commissioner
Harvey not present.
RESOLUTION NO. 200-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to adopt the following
Resolution authorizing execution of a Sign Lease between
Duncan Auto Sales, Inc. and the County concerning a sign at
the Key West International Airport. Motion carried unani-
mously with Commissioner Harvey not present.
RESOLUTION NO. 201-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to adopt the following
Resolution authorizng execution of a Sign Lease between
Value Rent-A-Car and the Board concerning a sign at the Key
West International Airport. Motion carried unanimously with
Commissioner Harvey not present.
RESOLUTION NO. 202-1989
See Res. Book No. 76 which is incorporated herein by
reference.
The Board was advised of the withdrawal of the bid
from Williams Island Food Service for Bayshore Manor because
of their inability to comply with bid specifications.
Motion was made by Commissioner Stormont and seconded by
Commissioner Jones to waive the requirements for bid and
authorize Staff to seek proposals for the catering service
at Bayshore Manor. Motion carried unanimously with
Commissioner Harvey not present.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, discussed the Big
Pine Road Administrative Hearing. He advised of his review
of the Administrative Order in the case concerning the pro-
posed Rule changes by DCA which reversed DCA's Rule on the
basis of procedural errors. He informed the Board that he
had been advised that Judge Lester had ruled today that the
Contiguous Lot Rule was invalid.
The County Attorney discussed a problem with the
Cross Key Lighting District. After extended discussion,
motion was made by Commissioner Jones and seconded by
Commissioner Stormont directing the Staff to proceed with
the purposes for which the District was created. Motion
carried unanimously with Commissioner Harvey absent from the
meeting.
Mr. Ludacer discussed the proposed Moratorium
discussed earlier in the day. He advised that the current
state of the law would not allow the County to impose the
Moratorium without appropriate Public Hearings and that the
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said Moratorium could be considered an amendment to the Plan
and that the County would have to go through the processes
for a Plan Amendment in order to put a Moratorium in effect.
Maria Abadal of DCA addressed the Board and advised that, in
her opinion, the County was in an emergency situation at the
present time concerning Inadequate Facilities. Donald
Craig, Assistant County Administrator/Growth Management
Division, discussed the situation.
DIVISION OF COMMUNITY SERVICES
Report
Peter Horton, Division Director, discussed the
Eastern Airlines Lease and advised that Eastern was in
default of their lease in that they had not made the lease
payments and currently owed the County $9,SOO.00. Motion
was made by Commissioner Jones and seconded by Commissioner
Lytton to declare Eastern Airlines in default and proceed
with collection of the funds. Motion carried unanimously
with Commissioner Harvey absent from the meeting.
Mr. Horton discussed Grant applications for CCDA
and CCE programs. Motion was made by Commissioner Stormont
and seconded by Commissioner Jones to authorize the Mayor to
sign Grant Agreements on the CCDA and CCE programs when they
are transmitted to the County. Motion carried unanimously
with Commissioner Harvey not present.
Mr. Horton discussed the match for the AIP Project
at the Marathon Airport and advised that the Fixed Base
Operator was willing to fund the necessary County match with
two conditions: (1) that the rental would begin upon the
County's acceptance of the paving work; and (2) that the
CCIP increases provided for over the next ten years would be
based upon a seven-year average. After discussion, motion
was made by Commissioner Jones and seconded by Commissioner
Lytton that the County will provide the match for the AIP
Project and, per Staff's information, declaring Marathon Air
in default of their Lease due to non-payment of rent. Roll
call vote was unanimous with Commissioner Harvey not pre-
sent.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to adopt the following Resolution
authorizing the acceptance of a Grant Offer from the Federal
Aviation Airport concerning AIP Project No. 3-12-0044-07
for the Marathon Airport to install beacon and tower;
sealcoat existing G/A apron; construct/seal G/A apron west
side; construct 200' blast pads (both runway ends); and
construct stabilized safety area (both runway ends). Motion
carried unanimously with Commissioner Harvey absent from the
meeting.
RESOLUTION NO. 203-1989
See Res. Book No. 76 which is incorporated herein by
reference.
Mr. Horton discussed the default of lease by Air
Cargo America and advised that a portion of the rent was
being disputed by Air Cargo but that Air Cargo had tendered
a payment to the Clerk for the disputed rent this morning.
No further action was taken.
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DIVISION OF GROWTH MANAGEMENT
Boundary Interpretations
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to adopt the following
Resolution confirming the Administrative Boundary
Interpretation of the Planning Director in Land Use District
Map Boundary Interpretation Number 32, Mates Beach No.2,
Lot 2, Little Torch Key. Motion carried unanimously with
Commissioner Harvey not present.
RESOLUTION NO. 204-1989
See Res. Book No. 76 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Dent Pierce, Assistant County Administrator,
advised that the Matecumbe Beach Project was eighty percent
complete and that the County would be involved in a clean-up
activity.
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
discussed the Key Colony Beach Causeway Bridge project. He
advised that Mayor Feiner of the City of Key Colony Beach
indicated that the City would accept transfer of the
Causeway if the light poles were realigned. This matter was
referred back to Staff for further negotiations.
Engineering
Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to approve Staff's recommendation
for reduction in retainage from 10% to S% for Rosasco
Construction for the Cudjoe Key Sheriff's Substation.
Motion carried unanimously with Commissioner Harvey not pre-
sent.
David Koppel, Director of Engineering, addressed
the Board concerning Staff's recommendations for firms for
the structural analysis of the Truman School Facility and
two additional firms recommended by Commissioner Jones. The
Board proceeded to ballot, ranking 1, 2, 3, 4, S, and thus
the organization receiving the lowest number would rank
highest:
Jones Lytton Stormont Puto Total
O'Donnell, Naccarato
& Mignogna S 2 1 2 10
Wilbur Smith Associates 3 3 2 3 11
Moreno & Associates 4 4 3 4 IS
Jenkins & Charland 1 1 4 1 7
Southeastern Engineering
& Testing Laboratory 2 S S S 17
Motion was made by Commissioner Jones and seconded by
Commissioner Lytton to authorize Staff to negotiate with
Jenkins & Charland. Motion carried unanimously with
Commissioner Harvey not present.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, discussed the
scheduled meeting for April 25th and the fact that that was
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Conch Day in Tallahassee and he had been advised that at
least three members of the Commission had planned to attend
the function on April 2Sth. Motion was made by Commissioner
Lytton and seconded by Commissioner Jones to move the
meeting scheduled for April 2Sth to April 27th at the
Tavernier Elks Club. Motion carried unanimously with
Commissioner Harvey absent from the meeting.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to approve payment of the following
invoices:
1. Public Finance Management, Inc., in the amount
of $2,S6S.S6, for financial advisory services
for consulting on retainer for period ending
2/lS/89.
2. Monroe Construction Corporation, in the amount
of $2S,036.72, for Final Payment for Marathon
Housing Rehabilitation Project.
3. Tropical Properties, in the amount of $28,600.00,
for Final Payment for Marathon Housing Rehabili-
tation Project.
4. Rosenman & Colin, in the amount of $6,301.73,
for professional services re Translator System.
S. Morgan & Hendrick, in the amount of $1,669.7S,
for professional services re New Port Largo vs.
Monroe County, et al.
6. Victor N. DeCario & Associates, Inc., in the
amount of $2,7S2.30, for professional services
re Monroe County Geographic Information System.
Motion carried unanimously with Commissioner Harvey not pre-
sent.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to adopt the following
Resolution authorizing execution of an Agreement between
Monroe County and Hansen Lind Meyer, Inc. concerning pro-
fessional services in connection with the Monroe County
Correctional System Master Plan. Motion carried unanimously
with Commissioner Harvey not present.
RESOLUTION NO. 20S-l989
See Res. Book No. 76 which is incorporated herein by
reference.
Motion was
Commissioner Lytton
Enforcement Board.
Commissioner Harvey
made by Mayor Puto and seconded by
to appoint Brenda Shamblin to the Code
Motion carried unanimously with
not present.
The County Administrator and the Board entered into
a discussion concerning licensing U. S. Navy property for
locating temporary jail facilities. Motion was made by
Commissioner Jones and seconded by Commissioner Lytton to
proceed with efforts to obtain a license for the use of the
facility and the necessary permitting processes at the City
of Key West. Motion carried unanimously with Commissioner
Harvey absent from the meeting.
COUNTY CLERK
Commissioner Stormont discussed the Minutes of the
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Land Use Plan Amendment Hearings of February 22nd,
February 28th, and March 2nd. Motion was made by
Commissioner Stormont and seconded by Commissioner Lytton to
approve the Minutes of the following meetings of the Board
of County Commissioners: February 22nd, February 23rd,
February 24th, February 27th, March 1st, March 6th, March
7th, March 8th, March 9th, and March 14th. Motion carried
unanimously with Commissioner Harvey not present. After
Board discussion concerning the Board's actions at the
Hearings on February 28th and March 2nd, motion was made by
Commissioner Stormont and seconded by Commissioner Jones to
also approve the Minutes for the meetings of the Board of
County Commissioners on February 28th and March 2nd. Motion
carried unanimously with Commissioner Harvey absent from the
meeting. Motion was made by Commissioner Lytton and
seconded by Commissioner Jones that the Storm Water
Management Regulations approved by the Board at the hearings
on February 28th and March 2nd be brought back on an
emergency basis on April 11th for reconsideration. Motion
carried unanimously with Commissioner Harvey not present.
AWARD OF BIDS
The Board was advised of receipt of bids for an
Automated Fuel System from Miller Industrial Equipment, Inc.
of Miami, Florida; Ed Watts Petroleum Equipment Maintenance,
Inc. of Key West, Florida; and TRAK Engineering, Inc. of
Tallahassee. Motion was made by Commissioner Jones and
seconded by Commissioner Lytton to accept the recommendation
of Staff to award the bid to the bidder who met all needs
and also was the low bidder:
TRAK Engineering, Inc.
Tallahassee, Florida
$2S,100.00 base
plus options for
total contract
of $3l,47S.00
Motion carried unanimously with Commissioner Harvey not pre-
sent.
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to accept the following
recommendations of Staff regarding Bids received on Surplus
Property:
Typewriter #1200-60
Napa Parts Cleaner #0901-12
Chevy Van 10920-3S2
1973 Trailer 14102-160
1975 Case Dozer 10940-39
1975 Case Dozer 10940-S8
1984 Chain Saw 10920-302
1984 Homelite Saw #0940-104
1985 Homelite Saw #0940-138
1987 Chain Saw #0940-165
1980 Ford Pickup 10921-7
Datavote Compupro Election
Ballot Counting System
Isotron Administrative
Registration System
$ 50.00
$ 40 . 00
$ 461 . 00
$ 6Sl.00
$2,3Sl.00
$2,3Sl.00
$ 10.00
$ 10.00
$ 20.00
$ 30.00
$ 40S.00
$ 500.00
Hank Kokenzie
H. Williams
J. Baker
Jerome Baker
J. Baker
J. Baker
T. Miller
T. Miller
J. Lewson
J. Lewson
D. Maimon
HMC Corporation
TO BE DISPOSED OF
Motion carried unanimously with Commissioner Harvey absent
from the meeting.
The Board was advised of receipt of bids for
Maintenance of Emergency Services Fire/Rescue Vehicles from
Fire Apparatus Repair, Inc. of Florida City and Florida Fire
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Apparatus Corporation of Pompano Beach. Motion was made by
Commissioner Stormont and seconded by Commissioner Jones to
accept the recommendation of Staff to award to the low
bidder:
Fire Apparatus Repair, Inc.
Florida City, Florida
$24,043.00
TOtal Basic Cost
Motion carried unanimously with Commissioner Harvey not pre-
sent.
Mayor Puto briefly discussed efforts to improve the
planning of the Agenda. No action was taken.
There being no further business, the meeting was
adjourned.
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