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04/04/1989 Regular 00 153 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. 00 54 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. 00 155 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. 00 56 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. 00 1 57 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 00 58 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 00 159 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. 00 160 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. * * * * * 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. * * * * * 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. 00 1 6 1 The Board recessed for lunch. * * * * * 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. * * * * * 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. 00 162 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 00 163 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: 00 64 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 00 165 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 00 166 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. 00 167 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 00 168 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. 00 169 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 00 70 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 00 1 7 1 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 00 '\ W1 72 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. * * * * *