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04/28/1989 Regular PP 003 Regular Meeting Board of County Commissioners Friday, April 28, 1989 Tavernier A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Elks Club in Tavernier. 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; 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. Mayor Puto advised that it would be necessary for the Board to complete its work at this meeting by 5:30 p.m. AWARD OF BIDS The Clerk advised the Board of receipt of a late bid from Central Tire Service for Tire Disposal. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to reject the bid and authorize the Clerk to return it to the bidder. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Lytton and seconded by Commissioner Jones that, if necessary, the Board would reconvene on May 2nd at 9:00 a.m. at Key Colony Beach City Hall to consider any unfinished items. Motion carried una- nimously. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the following items by unanimous consent: Board authorized the use of Harry Harris Park by Saint James The Fisherman Episcopal Church on April 30, 1989. Board adopted the following Resolution rescinding Resolution No. 166-1989 concerning unanticipated funds. RESOLUTION NO. 211-1989 See Res. Book No. 77 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 592-1988 concerning receipt of unanticipated funds. RESOLUTION NO. 212-1989 See Res. Book No. 77 which is incorporated herein by reference. pp 004 Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 213-1989 RESOLUTION NO. 214-1989 RESOLUTION NO. 215-1989 See Res. Book No. 77 which is incorporated herein by reference. Board adopted the following Resolutions concerning transfer of funds. RESOLUTION NO. 216-l989 RESOLUTION NO. 217-1989 See Res. Book No. 77 which is incorporated herein by reference. Board approved payment of Tourist Development Council expen- ditures in the amount of $236,567.14 {Input Dates 3/29/89 to 4/ll/89}, subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $154,961.17 {Input Date 4/11/89}, subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $3,777.69 {Input Date 4/14/89}, subject to final invoice approval by the Finance Department. Board approved Sheriff's request for authorization of $25,500.00 from the Law Enforcement Trust Fund to be used for a lengthy and complex investigation. Board authorized payment of invoice from H. W. Beyer Funeral Home in the amount of $599.20 for the burial of a female pauper. Board authorized payment of invoice from H. W. Beyer Funeral Home in the amount of $767.40 for the burial of a female pauper. Board adopted the following Resolution authorizing execution of an Agreement between the County and Marine Construction/ Peter Jones, Owner, concerning the Boating Improvement Fund Project located at Sugarloaf Sound/Johnson Key Pass Channel Markers, contingent upon DNR approval and necessary permits. RESOLUTION NO. 218-1989 See Res. Book No. 77 which is incorporated herein by reference. Board adopted the following Resolution authorizing approval of the Florida Boating Improvement Fund Application for Channel Marker Project in Upper Sugarloaf Sound/Johnson Key Pass. RESOLUTION NO. 219-1989 See Res. Book No. 77 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute an Agreement between Monroe County and The National Council On The Aging, Inc. concerning a Subgrant Agreement for the period of July I, 1989 to June 30, 1990. PP 005 RESOLUTION NO. 220-1989 See Res. Book No. 77 which is-rncorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to approve Amendment '2 to CCE Contract KG-852 between Monroe County and State of Florida Department of Health and Rehabilitative Services. RESOLUTION NO. 221-1989 See Res. Book No. 77 which is incorporated herein by reference. Board approved and authorized execution of Certificate of Public Convenience and Necessity (No. 89-01) for Class A Emergency Medical Services to the Ocean Reef Volunteer Fire Department for the period beginning June 2, 1989 and ending June l, 1991. Board adopted the following Resolution authorizing execution of an Agreement between the Key Largo Volunteer Fire Department, Inc. and Special Taxing District 6, through the Monroe County Board of County Commissioners, concerning the reimbursement of volunteers. RESOLUTION NO. 222-1989 See Res. Book No. 77 which is incorporated herein by reference. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Louis J. Badman for a 546 square foot enclosure for storage and parking only on Lot 5, Block 33, Port Pine Heights, 2nd Addition, Big Pine Key; Zoned IS (ACCC) - Improved Subdivision; Coastal Flood Zone V-12, Panel 1507D. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of John R. and Jeffry Clark for an 1152 square foot garage of break-away construction for storage and parking only on Lot 22, Block 19, Breezeswept Beach Estates, Ramrod Key (Lot 21, single-family residence); Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 1517D. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Vella Dobbins for a 500 square foot enclosure for storage and parking only - 299 square feet existing - ONLY UPON INSPECTION TO VERIFY PLUMBING, ELECTRICAL AND HABITAT CRITERIA - on Lot IS, Block 12, Key Largo Beach, Key Largo; Zoned IS - Improved Subdivision; Coastal Flood Zone A-16, Panel 1004C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of First National Bank of the Florida Keys for an enclosure of 7006 square feet below bank building for security pur- poses and the placement of a 9000 gallon storage tank for the sprinkler system on Lot 2, Block 5, a tract of land in part of Government Lot 2, Marathon; Zoned SC - Suburban Commercial; Coastal Flood Zone A-13. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Jeffrey R. Nolan for a 391 square foot garage attached to single-family residence, at 8.85 feet above mean sea level, on Lot II, Block 10, Cudjoe Gardens, 6th Avenue East, Cudjoe I PP 006 Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-IO, Panel 1492D. Board authorized payment of refund in the amount of $2,095.82 to Joseph Oliveros inasmuch as there was an over- payment of necessary impact fees. Board authorized payment of refund in the amount of $l41.00 to Tropical Air Conditioning due to double permitting for air-conditioning. Board adopted the following Resolution concrning transfer of funds. RESOLUTION NO. 223-1989 See Res. Book No. 77 which is incorporated herein by reference. COUNTY ATTORNEY Board granted approval to advertise for Public Hearing a proposed Ordinance amending Section l3-43, Monroe County Code, by revising Subsection (B) thereof entitled "Loudspeakers; Sound Amplifiers." Board granted approval to advertise for Public Hearing a proposed Ordinance creating Chapter 6.6, Monroe County Code, to aid in the prevention of robberies at convenience stores. Board adopted the following Resolution authorizing execution of a Deed between Monroe County and Irene M. Love concerning property situated on Sugar loaf Key which was disclaimed by the Board on March 27, 1973 by Resolution No. 32-1973. RESOLUTION NO. 224-1989 See Res. Book No. 77 which is incorporated herein by reference. MUNICIPAL SERVICE DISTRICT {WASTE} Board granted authorization to negotiate with Kelly Tractor Co. of Miami for a lease/purchase of a Caterpillar tractor dozer along with negotiations by the Road Department for the purchase of a D-3 Caterpillar dozer, the result of such negotiations to be brought back to the Board for final action. Board authorized execution of a Release of Claim to Florida Insurance Guaranty Association, Inc. and Department of Insurance in the sum of $950.00 for damage to MSD's pickup truck which was in an accident on June l8, 1983. DIVISION OF COMMUNITY SERVICES Board adopted the following Resolution authorizing the Mayor to exercise the County's option to purchase the Key Largo Library as per Paragraph 3l of the Lease Agreement between the K-Mart Corporation and the Monroe County Board of County Commissioners. RESOLUTION NO. 225-1989 See Res. Book No. 77 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to approve an Addendum to the General Revenue/Federal Funds Contract between Monroe County and the United Way of Monroe PP 007 County concerning six leased vehicles. RESOLUTION NO. 226-1989 See Res. Book No. 77 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Planning Board confirmed the Planning Director's Land Use District Map Boundary Interpretation No. 30, South ~ of Lot 6, Summerland Estates, Summerland Key to deny the request for a change from SR to IS. NOTE: THIS ITEM IS RECONSIDERED LATER IN THE MEETING DIVISION OF MANAGEMENT SERVICES Information Systems Board adopted the following Resolution authorizing the exe- cution of an Agreement by and between the County and AT&T regarding a commission plan for public phones. RESOLUTION NO. 227-1989 See Res. Book No. 77 which is incorporated herein by reference. Risk Management Board adopted the following Resolution authorizing execution of an application by and between the County and Florida Municipal Liability Program concerning the participation in a Self-Insurers Program. RESOLUTION NO. 228-1989 See Res. Book No. 77 which is incorporated herein by reference. J.T.P.A. Board approved and authorized execution of Amendment to the South Florida Employment and Training Consortium Agreement (Contract No. 2-PY'88-54-02) concerning the Job Training Partnership Act. Board approved and authorized execution of Contractual Agreement for Summer Youth Employment and Training Program (Contract No. 89-S-18-00) with South Florida Employment and Training Consortium and to adopt the following Resolution concerning receipt of unanticipated funds. RESOLUTION NO. 229-1989 See Res. Book No. 77 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Emergency Medical Services Board accepted Staff recommendation to refer proposal from Physio Control Corporation for preventive maintenance for Special Taxing District 5 to the Purchasing Department for proper evaluation and recommendations as to how to proceed. PP 008 Board accepted Staff recommendation to refer proposal from Physio Control Corporation for preventive maintenance for Special Taxing District 6 to the Purchasing Department for proper evaluation and recommendations as to how to proceed. Civil Defense Board adopted the following Resolution authorizing the acceptance of $40,000.00 from the Truman Annex Company to offset impacts on hurricane evacuation and shelter capacity. RESOLUTION NO. 230-1989 See Res. Book No. 77 which is incorporated herein by reference. Fire and Rescue Board adopted the following Resolution authorizing execution of an Agreement between the Tavernier Volunteer Fire Department and Ambulance corps, Inc. and Special Taxing District 5, through the Monore County Board of County Commissioners, concerning a Reimbursement Agreement for pro- viding advanced life support ambulance service. RESOLUTION NO. 231-l989 See Res. Book No. 77 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Road Department Board granted authorization to negotiate with Kelly Tractor Co. of Miami for purchase of a D-3 Caterpillar dozer along with negotiations by MSD for the lease/purchase of a Caterpillar tractor dozer, the result of such negotiations to be brought back to the Board for final action. Facilities Maintenance Board adopted the following Resolution authorizing execution of a Contract with Divoll Construction, Inc. concerning the restroom rehabilitation at Jackson Square, upon such Contract being amended by Staff to include necessary insurance and hold harmless provisions. RESOLUTION NO. 232-1989 See Res. Book No. 77 which is incorporated herein by reference. Board approved Staff's recommendation to accept a proposal from Southernmost Pest control in the amount of $275.00 per month for pest control services for County facilities in the Lower Keys and directed Staff to bring back appropriate Resolution and Contract at the next meeting. Engineering Board approved Staff's recommendation to accept a proposal from Frank Keevan & Son, Inc. in the amount of $19,667.00 for returning a portion of Hammock Drive to the adjacent wetland elevation and directed Staff to bring back appropriate Resolution and Contract at the next meeting. Board approved and authorized execution of Change Order No. I to Frank Keevan & Son, Inc. for the Higgs Beach Pier Project for a time extension of forty-five days due to PP 009 unknown site conditions. Road Department Board authorized the Road Department to provide an addition to the existing driveway at the Tavernier Fire Department at a cost of approximately $1,300.00, said cost to be borne by the Public Safety Division. COUNTY ADMINISTRATOR Board adopted the following Resolution supporting a special "Veterans" State of Florida license plate. RESOLUTION NO. 233-1989 See Res. Book No. 77 which is incorporated herein by reference. Board authorized adoption of a Resolution requesting the Supervisor of Elections to conduct a Referendum Election on August 8, 1989, for the levy of an additional one cent sales tax for the purpose of financing capital infrastructure. NOTE: THIS ITEM IS RECONSIDERED LATER IN THE MEETING COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of $150.00; Guillermo D. Marcovici, M.D., in the amount of $800.00; Mental Health Care Center of the Lower Keys, in the amount of $50.00; Tanju T. Mishara, Ph.D., in the amount of $200.00. COURT-APPOINTED ATTORNEYS, Michael S. Gilbert, in the amount of $250.00; Michael E. Cox, in the amount of $623.75; Charles M. Milligan, in the amount of $860.00; Craig Satchell, in the amount of $l,025.00; Carol Ann Wolf, in the amount of $277.50. OTHER EXPENSES, Louis J. Spallone, Clerk, in the amount of $400.00; Kirk C. Zuelch, in the amount of $45.00. EXTRADITION COSTS, J. Allison DeFoor, II, in the amount of $34,074.20. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $582.75; Mary Donahue, in the amount of $382.50; Billee Jean Fase, in the amount of $60.00; Kathleen A. Fegers, in the amount of $60.00; Florida Keys Reporting, in the amount of $270.00; Nancy J. Maleske, in the amount of $2,720.25. COURT INTERPRETER SERVICES, J. R. Alayon, in the amount of $120.00; Juan Borges, in the amount of $440.00; ,~ Serafin Calero, in the amount of $5.00; Alexandra Ramos, in the amount of $75.00; Horacio Trevino, in the amount of $125.00. EXPERT WITNESS FEES, Dorothy J. Hicks, M.D., in the amount of $72.90; Tanju T. Mishara, Ph.D., in the amount of $300.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $1,569.70; Regular Witness Fees, in the amount of PP 010 $215.00. Board approved the following Warrants: GENERAL REVENUE FUND, #105519-#106706, in the amount of $5,20l,833.36. ---- SUPPLEMENT TO GENERAL REVENUE FUND, i275-#276, in the amount of $31,85~64. FINE & FORFEITURE FUND, #820-i835, in the amount of $1,275,9l5.14.- AIRPORT OPERATION ~ MAINTENANCE FUND, #524-#525, in the amount of $31,460.66. ROAD & BRIDGE FUND, i553-#555, in the amount of $107,797.~ - ---- MSD TAX DISTRICT, #1232-iI240, in the amount of $417,374.68. --- MSD - MARINE BANK {Marathon}, '479-#482, in the amount of~29,234.14. MSD - PLEDGED FUNDS, i146, in the amount of $300,000.00. LAW LIBRARY FUND, i275-#276, in the amount of $l,968.55:-- ---- CAPITAL PROJECTS FUND, #347-#348, in the amount of $56,06l.3l. ---- CARD SOUND BRIDGE FUND, #274-#275, in the amount of $29,205.3~ ---- WORKERS COMPENSATION, #2810-#2839, in the amount of $46,156.51. TOURIST DEVELOPMENT COUNCIL, #587-i590, in the amount of $345,542.95. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #302- #303, in the amount of $3,046.58. $788.52. TRANSLATOR FUND, #217-#218, in the amount of 001 RENTAL REHAB PROGRAM, #22, in the amount of $46.77. 003 COMMUNITY DEVELOPMENT BLOCK GRANT, '46-#47, in the amount of $478.30. 503 RISK MANAGEMENT FUND, #32-i33, in the amount of $93,557.1a:- ---- 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &-aEACHES UNINCORPORATED, #190-#193, in the amount of $537,608.75. Board approved Minutes of the following meetings of the Board of County Commissioners: 3/21/89 and 4/4/89. Board approved request from Mariners Hospital for the release of $86,925.58 in the Special Taxing District account PP 011 for Mariners' use for Capital Equipment. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Puto read a Proclamation proclaiming the week of April 23 - 29, 1989 as MONROE COUNTY SECRETARIES WEEK. The Mayor presented a Proclamation proclaiming the week of May 8 - 12, 1989 as COOPERATIVE EXTENSION WEEK. Mayor Puto read a Proclamation proclaiming May l, 1989 as LAW DAY U.S.A. in Monroe County. Motion was made by Mayor Puto and seconded by Commissioner Harvey to adopt the following Resolution proclaiming May 5, 1989 as DR. JOSEPH YATES PORTER DAY in Monroe County. Motion carried unanimously. RESOLUTION NO. 234-1989 See Res. Book No. 77 which is incorporated herein by reference. Mayor Puto also presented a Proclamation declaring May 7 - 13, 1989 as NATIONAL CORRECTIONAL OFFICERS WEEK. The Mayor presented to Richard Matthews of the Upper Keys Guidance Clinic a Proclamation declaring the month of Mayas AMERICAN MENTAL HEALTH MONTH. Mayor Puto read a Proclamation declaring April lIth as CHILD ABUSE PREVENTION DAY. Motion was made by Mayor Puto and seconded by Commissioner Lytton to appoint Marsha Postlewaite to the Highway Beautification Committee. Motion carried unani- mously. Motion was made by Mayor Puto and Commissioner Jones to appoint Peter Ilchuk Rice to the Blue Ribbon Budget Committee. unanimously. seconded by and Dr. David Motion carried Motion was made by Commissioner Lytton and seconded by Commissioner Jones to appoint Bill Daniels, Jr. and Alma Raymond to the Blue Ribbon Budget Committee. Motion carried unanimously. Motion was made by Mayor Puto and seconded by Commissioner Lytton to adopt the following Resolution sup- porting the efforts of the Dade County Economic Research Foundation and encouraging the State Legislature to provide the funding sought by said Foundation. Motion carried una- nimously. RESOLUTION NO. 235-l989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Mayor Puto and seconded by Commissioner Jones to adopt the following Resolution reaf- firming Monroe County's position on off-shore drilling. Motion carried unanimously. RESOLUTION NO. 236-l989 See Res. Book No. 77 which is incorporated herein by PP 012 reference. Mayor Puto discussed the recent meeting of the Tourist Development Council which was held to address the Grand Jury Report and its recommendations. He indicated that the results of that meeting would be provided in writing to each Commissioner shortly and suggested that the matter be referred to a Special Meeting to be held jointly by the Board of County Commissioners and the Tourist Development Council. Mayor Feiner, Vice Chairman of the Tourist Development Council, discussed the proposed Agreement with USA 800, Inc. for the Tourist Development Council Mailroom Services and indicated that pursuant to the Code, the Agreement should be with the Board of County Commissioners. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution approving and authorizing execution of the Agreement with the changes provided by Mayor Feiner. Motion carried unani- mously. RESOLUTION NO. 237-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was then made by Commissioner Lytton and seconded by Commissioner Harvey to extend the current Agreement with Keys Advertising and Marketing for Mail Fulfillment an addi- tional fifteen days from May lst. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. Mayor Puto discussed the proposed Agreement with Keys Advertising and Marketing for the Tourist Development Council Administrative Services. Randy Ludacer, County Attorney, indicated for the record that the draft of the Agreement that he had presented to the Board was only a working draft and was not to be considered as a final recom- mendation to the Board of County Commissioners. The Board discussed the fact that the Tourist Development Council had not formally approved the proposed Agreement. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to extend the existing Agreement with Keys Advertising and Marketing for an additional thirty days and that during that time, the Tourist Development Council would review the proposed Agreement with Keys Advertising and Marketing and make a recommendation to the Board of County Commissioners in accordance with the existing Monroe County Ordinance. Larry Marks of l800 Atlantic addressed the Board. Roll call vote was unanimous. Mayor Feiner of Key Colony Beach and Bob Harris of Post, Buckley, Schuh & Jernigan discussed the Key Colony Beach Causeway. Motion was made by Commissioner Lytton and seconded by Commissioner Jones that the County notify DOT of the existence of a dangerous situation concerning the uti- lity poles on Key Colony Beach Causeway and ask them to eli- minate or neutralize the hazard. Motion carried unanimously. Motion was then made by Commissioner Stormont PP 013 and seconded by Commissioner Lytton that Agenda Item M-2 (Award of Bid for Rehabilitation of Key Colony Beach Bridge) and Agenda Item B-l2 (Discussion of OWnership of Key Colony Beach Causeway) be postponed until resolution of the issue and to reject the bid under Agenda Item M-2. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes No No Yes No Motion failed. AWARD OF BIDS Motion was made by Commisisoner Lytton and seconded by Commissioner Jones to award the bid for Rehabilitation of the Key Colony Beach Causeway Bridge to the only bidder, Frank Keevan & Son, Inc., in the amount of $80,500.00. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. COMMISSIONERS' ITEMS Mayor Puto discussed a telephone call he received from Mr. Shepherd at FAA and indicated that the proposed Noise Ordinance should be referred to the Part l50 Noise Study Group and the consultants who would then make a recom- mendation to the Board of County Commissioners and after required Public Hearings, the Board would then refer the matter to FAA. There was no further action. Sandy Tinsley and Rick Balter made a presentation of the new Tourist Development Council Summer/Fall promo- tional program and funding. John O'Brien of TDC and Ellen McFadden of the District 4 Advisory Committee addressed the Board. No action was taken. DIVISION OF PUBLIC WORKS Motion was made by Commissioner Lytton and seconded by Commissioner Jones to approve a Contract Agreement with Williams Mobile Offices, with the necessary "Hold Harmless" terminology per the County Attorney and Risk Management, and to adopt the following Resolution authorizing execution of the Contract Agreement with Williams Mobile Office con- cerning the temporary courtroom facilities. Motion carried unanimously. RESOLUTION NO. 238-l989 See Res. Book No. 77 which is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Lytton discussed the proposed closing of the Key West Weather Service Office. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to PP 014 adopt the following Resolution opposing the closing of the Key West Weather Service Office. Motion carried unani- mously. RESOLUTION NO. 239-1989 See Res. Book No. 77 which is incorporated herein by reference. Commissioner Lytton discussed the existence of the Parks and Recreation Board and encouraged the Commissioners to be prepared to make appointments to that Board as soon as possible. Commissioner Stormont discussed the activities of the Solid Waste Task Force. The Board agreed to revise the structure of the Task Force to provide for an appointment of a member representing the City of Key West. The Board then proceeded to discuss Commissioner Stormont's Chairmanship of that Task Force. Motion was made by Commissioner Lytton to confirm and recognize Commissioner Stormont's status as the Chairman of the Solid Waste Task Force and any and all powers by virtue of Roberts Rules of Order associated therewith. During discussion, the motion was withdrawn by the maker. Motion was then made by Commissioner Jones to remove Commissioner Stormont as Chairman of the Solid Waste Task Force. Motion died for lack of a second. Motion was then made by Commissioner Lytton and seconded by Mayor Puto to confirm and recognize Commissioner Stormont's status as the Chairman of the Solid Waste Task Force and any and all powers by virtue of Roberts Rules of Order associated therewith. 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. Commissioner Jones discussed a possible freeze on the hiring of any new positions. Motion was made by Commissioner Jones and seconded by Commissioner Lytton that before filling any new positions as per the 1988-89 Budget, the County Administrator would be required to rejustify those positions to the Board of County Commissioners and gain their approval thereof. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. Motion was made by Commissioner Jones and seconded by Mayor Puto to approve travel for Commissioner Harvey to attend the Marjory stoneman Douglas award ceremony in Miami on May 2lst. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Mayor Puto to approve a letter of commendation to the Cudjoe Key VFW Post for sponsoring Deputy Steve Kalogeras for the annual national J. Edgar Hoover Gold Medal Award pp 015 presented to the law enforcement officer considered most outstanding for the year. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution opposing House Bill 599. Motion carried unanimously. RESOLUTION NO. 240-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution opposing House Bill 335 and Senate Bill 398. Motion carried unanimously. RESOLUTION NO. 241-l989 See Res. Book No. 77 which is incorporated herein by reference. The Board postponed to the next meeting a discussion of the County Attorney providing attorney's ser- vices to various Boards. The Board discussed a Special Joint TDC/Board of County Commissioners meeting. After discussion, Mayor Puto, with the approval of the Board, announced the rescheduling of the May l6th Regular Meeting to May 23rd at 9:00 a.m. at Key Colony Beach City Hall, at which time the matter of the Administrative Contract would be heard. The Board returned to consideration of Agenda Item B-25 concerning the filling of any new positions as per the 1988-89 Budget. The County Attorney advised the Board that after reviewing the County Code, the Board's previous motion on that item would be out of order since the County has adopted an Ordinance delegating personnel matters to the County Administrator. Motion was then made by Commissioner Jones and seconded by Commissioner Lytton to rescind the Board's previous action on this item. Motion carried unani- mously. Motion was then made by Cornrnmissioner Jones that the County Administrator would be requested to rejustify those positions to the Board of County Commissioners and gain their approval thereof. After further discussion by the Board, the motion was withdrawn. No further action was taken. Penny Mason of the Islamorada Chamber of Commerce and Irving Eyster representing The Friends of the Islamorada Area State Parks addressed the Board concerning TDC funding. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to recommend to TDC approval of funding for the restoration and reconstruction of the community on Indian Key, using $120,000.00 out of Fiscal 1988-89 and $130,000.00 out of Fiscal 1989-90 third cent District 4 funding. Roll call vote was unanimous. The Board recessed for lunch. * * * * * The Board reconvened with all members present except Mayor Puto. PP 016 DIVISION OF MANAGEMENT SERVICES Planning Motion was made by Commissioner Stormont and seconded by Commissioner Jones to amend the "Bulk" motion to remove Item G-5 concerning Land Use District Map Boundary Interpretation No. 30 regarding Summerland Estates on Summerland Key and to schedule this item for the next County Commission Meeting. Motion carried unanimously with Mayor Puto not present. MUNICIPAL SERVICE DISTRICT (WASTE) Charles Aguero, MSD Manager, discussed the DER Consent Order and advised that the mitigation proposal had been forwarded to DER for their consideration. The Board discussed the situation concerning Solid Waste Funding in the Legislative process. Motion was made by Commissioner Jones and seconded by Mayor Pro Tern Lytton to seek a one-year extension of the $400,000.00 appropriations for solid waste and to request the firm of Morgan & Hendrick to represent the Commission during the Legislature to protect that appropriation and to confirm their actions to date in that regard, and also to assist in maintaining the funding for the Joint Permitting Center. Motion carried unanimously with Mayor Puto absent. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tern Lytton to authorize the nego- tiation of a lease/purchase for one 1989 pickup truck for the Recycling Coordinator and to report back to the Board on such negotiations. Motion carried unanimously with Mayor Puto not present. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to grant approval to publish a public notice concerning clean debris and construction debris. Motion carried unanimously with Mayor Puto absent. Mr. Aguero advised the Board of a proposal from the owners of AI's Wrecker Service regarding the pickup of abandoned vehicles throughout the Keys. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to authorize the negotiation of an Agreement with Al's Wrecker Service, said Agreement to be brought back to the Board for final approval. Motion carried unanimously with Mayor Puto not present. DIVISION OF MANAGEMENT SERVICES Grants Management Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the following Resolution accepting a Grant in the amount of $lOO,OOO.OO for the construction of hazardous waste collection facili- ties at the Cudjoe Key and Long Key landfills from the Florida Department of Environmental Regulation under the Hazardous Waste Collection Center Grant Program and authorizing execution of Contract HW l2l in furtherance thereof. Motion carried unanimously with Mayor Puto absent. RESOLUTION NO. 242-1989 See Res. Book No. 77 which is incorporated herein by reference. PP 017 SOUNDING BOARD Mike Barr, Mike Fagin, Giana Thomas, and Amy Slade addressed the Board concerning Barrier Islands. The Board discussed the Coastal Barrier proposed Federal legislation and made the following finding: Based on the language in AGO 88-52, the Commission finds that the opposition to the barrier island legislation is an appropriate County purpose and is in the public interest and therefore authorizes retaining the lobbyist organization known as Fleischman-Hillard, Inc. Motion was then made by Commissioner Jones and seconded by Mayor Pro Tem Lytton to authorize the hiring of the firm of Fleischman-Hillard, Inc. of Washington, D.C. in accordance with Attorney General's Opinion 88-52 to attempt to secure an exemption of the Florida Keys from the Department of Interior's proposed expansion of the Coastal Barrier Reef designation currently before Congress, at a rate to be nego- tiated by the County Clerk and the County Attorney not to exceed $21,000.00. Motion carried unanimously with Mayor Puto not present. Al Beattie of Cross Key Squares Condominium and Vera Rowland and Toy Edwards of the Cross Key Property Owners Association addressed the Board concerning the Special Lighting District. This matter was referred to the County Attorney to research the possible methods of abo- lishing the District and refund procedures. The Regular Meeting of the Board of County Commissioners recessed. * * * * * DISTRICT #l LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT ---- ---- --- BOARD OF GOVERNORS The Board of Governors of District #l Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Mickey Feiner, Commissioner John Stormont and Vice Chairman Eugene Lytton. Absent from the meeting were Commissioner Hal Halenza and Chairman Michael Puto. The Clerk advised the District Board that he was in receipt of a Resolution from the City of Key Colony Beach appointing Mickey Feiner as their representative on the District 1 Board. Reggie paros, Assistant County Administrator/ Division of Public Safety, addressed the Board. Motion was made by Commissioner Feiner and seconded by Vice Chairman Lytton to accept the proposal from Physio Control Corporation for Preventive Maintenance for the Lower and Middle Keys Fire and Ambulance District. Roll call vote was taken with the following results: Commissioner Feiner Commissioner Stormont Vice Chairman Lytton Yes No Yes Motion carried. PP 018 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 members present except Mayor Puto. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance prohibiting fishing from the Card Sound Bridge in Monroe County; providing for certain penalties for violation{s) thereof; providing for severability; providing for repeal of all Ordinances or parts thereof in conflict therewith to the extent of any such conflict; providing for inclusion in the Monroe County Code of Ordinances; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to read by title only. Motion carried unanimously with Mayor Puto absent. There was no public input. Motion was made by Commissioner stormont and seconded by Commissioner Jones to adopt the following Ordinance. Motion carried unanimously with Mayor Puto absent from the meeting. ORDINANCE NO. 011-1989 See Ord. Book No. 20 which is incorporated herein by reference. A Public Hearing was held for the purpose of deter- m1n1ng whether or not the following described street, alleyway, road or highway shall be abandoned: A parcel of land on Stock Island, Monroe County, Florida and being Block 26 and a portion of East Laurel Avenue, both as shown on STOCK ISLAND MALONEY SUBDIVISION as recorded in Plat Book 1 at Page 55 of the Public Records of the said Monroe County; said parcel being described by metes and bounds as follows: BEGIN at the intersection of the West right of way line 4th Street with the South right of way line of East Laurel Avenue and run thence West along the South right of way line of the said East Laurel Avenue for a distance of 326 feet, more or less, to the SE'ly right of way line of Highway U.S. No. l; thence NE'ly along the SE'ly right of way line of the said Highway U.S. No. 1 for a distance of 340 feet, more or less, to the NE corner of the said Block 26, said NE corner of the said Block 26 being North of the Point of Beginning; thence South for a distance of 90 feet, more or less back to the Point of Beginning. Proof of publication was entered into the record. There was no public input. Mayor Pro Tern Lytton advised that at the request of the petitioner, this matter would be continued to May 23rd. PP 019 DIVISION OF COMMUNITY SERVICES Peter Horton, Assistant County Administrator, discussed a proposed Interlocal Cooperation Agreement with the City of Key West concerning matching funds for a com- munications grant, shopping center shuttle, and computer integration. Motion was made by Mayor Pro Tem Lytton and seconded by Commissioner Jones to table. Motion carried unanimously with Mayor Puto not present. COUNTY ADMINISTRATOR Motion was made by Mayor Pro Tern Lytton and seconded by Commissioner Jones to approve payment of the following invoices: l. Public Financial Management, Inc., in the amount of $2,804.31, for financial advisory services for consulting on retainer for period ending 3/15/89. 2. Public Financial Management, Inc., in the amount of $28,958.78, for financial advisory services for the Public Facilities Project. 3. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $6,077.19, for professional services thru 3/31/89. 4. Floyd Pearson Richman Greer Weil Zack & Brumbaugh, in the amount of $29,478.05, for professional services re New Port Largo v. Monroe County. 5. Arthur J. Gallagher & Co., in the amount of $25,496.00, in payment of audit premium employers' reinsurance for 1987/1988. 6. Florida Keys Community College, in the amount of $80.00, for County employee training. 7. Florida Keys Community College, in the amount of $250.00, for County employee training. 8. Florida Keys Community College, in the amount of $350.00, for County employee training. 9. Morgan & Hendrick, in the amount of $1,367.80, for professional services re New Port Largo vs. Monroe County, et ale 10. Bob Hilson & Company, Inc., in the amount of $17,630.00, for completion of roofing at MSD Public Service Building, Key Largo. II. Victor N. DeCario & Associates, Inc., in the amount of $4,3l9.39, for professional services re Monroe County Geographic Information System. 12. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $11,877.14, for Road invoice for the month of February, 1989. 13. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $20,807.10, for Card Sound Road & Toll District for the month of February 1989. PP 020 14. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,859.98, for general consultation, attendance of meetings and professional services re General Capital Projects for the month of February 1989. IS. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $21,625.60, for Cudjoe Key Roads I final payment. 16. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $727.31, for Pay Request t21 for pro- fessional services re Courthouse Annex. l7. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $250.33, for Pay Request '22 for pro- fessional services re Courthouse Annex. 18. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $257.67, for Pay Request #l9 for pro- fessional services re Sheriff's Substation. 19. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $426.70, for Pay Request il for pro- fessional services re Plantation Key Atrium. 20. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $2,109.00, for Pay Request '2 for professional services re Plantation Key Atrium. 2l. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $3,389.35, for Pay Request '24 for professional services re Higgs Beach Pier. 22. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $2,014.04, for Pay Request '20 for professional services re Higgs Beach Gun Mounts. 23. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,052.73, for Pay Request 'I for professional services re Pigeon Key Ramp. 24. Hansen Lind Meyer, Inc., in the amount of $2,750.00, for professional services re Monroe County Correctional System Master Plan. 25. Hansen Lind Meyer, Inc., in the amount of $686.42, for professional services re Monroe County Correctional System Master Plan. 26. Dames & Moore, in the amount of $32,500.00, in final payment for North Key Largo Habitat Conservation Plan. Motion carried unanimously with Mayor Puto not present. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to construct a 50-bed modular detention facility at the Plantation Key Government Center and authorize contract negotiations with Space Master Buildings, Inc. for a total contract cost not to exceed $275,000.00. Motion carried unanimously with Mayor Puto absent from the meeting. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to authorize execution of an PP 021 Agreement For Management Advisory Services between the County and Hutchinson, Moore, Gravett, Errera & Druker, P.A. for services relating to Solid Waste Collection and Disposal with an amendment including the phases and amounts to be paid in each phase: Phase I - $27,900.00; Phase II - $24,100.00; Phase $23,000.00. Motion carried unanimously with Mayor Puto not present. Motion was made by Commissioner Jones and seconded by Mayor Pro Tem Lytton to reconsider the Board's previous action on Agenda Item K-7 regarding the Referendum Election. Motion carried unanimously with Mayor Puto not present. Motion was then made by Commissioner Jones and seconded by Mayor Pro Tern Lytton to adopt the following Resolution requesting the Supervisor of Elections to conduct a Referendum Election on August 8, 1989, for the levy of an additional one cent sales tax for the purpose of financing capital infrastructure and to add Solid Waste Facilities to the items for referendum and to authorize the transfer of Contingency for up to $35,000.00 to cover the costs of the election. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 243-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Mayor Pro Tern Lytton and seconded by Commissioner Jones to adopt the following Resolution authorizing the execution of an Asbestos Survey Agreement with Jenkins & Charland, Inc. concerning the Truman Elementary School facility. Motion carried unani- mously with Mayor Puto absent. RESOLUTION NO. 244-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Mayor Pro Tem Lytton and seconded by Commissioner Jones to go forward with prepara- tion of the necessary contract documents with Jenkins & Charland, Inc. concerning the Structural Analysis for Truman Elementary School. Motion carried unanimously with Mayor Puto not present. Tom Brown, County Administrator, discussed the Marathon Permitting Center. Motion was made by Commissioner Jones and seconded by Mayor Pro Tem Lytton to request space amounting to 25,000 square feet net in the proposed Joint Permitting Center in Marathon and authorize up to $50,000.00 to purchase additional land in order to provide for the additional space allocation. Motion carried unanimously with Mayor Puto not present. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to authorize negotiation of a Lease Agreement between the Greater Marathon Chamber of Commerce and the Student Council of Marathon High School for a Youth Center. Motion carried unanimously with Mayor Puto absent. COUNTY CLERK Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement on behalf of Monroe County concerning a Computer PP 022 Programming Contract with NCR, Inc. Motion carried unani- mously with Mayor Puto not present. RESOLUTION NO. 245-1989 See Res. Book No. 77 which is incorporated herein by reference. AWARD OF BIDS Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Lytton to award the bid for the Duck Key/Marathon Bridges Rehabilitation Project to the low bidder, Frank Keevan & Son, Inc., in the amount of $209,949.00. Motion carried unanimously with Mayor Puto not present. During discussion, the Board advised that it would be their policy that items on the Agenda for Award of Bids be accompanied by all documentation and necessary contracts for approval. Dent Pierce, Assistant County Administrator/Public Works Division, addressed the Board. Motion was made by Mayor Pro Tern Lytton and seconded by Commissioner Jones to award the bid for the Cudjoe Key Sheriff's Substation Janitorial Services to the low bidder, Jayne's Cleaning Service, Inc., at a price of $917.25 per month. Motion carried unanimously with Mayor Puto not present. Motion was then made by Commissioner Jones and seconded by Mayor Pro Tem Lytton to adopt the following Resolution authorizing execution of a Contract Agreement by and between Jayne's Cleaning Service, Inc. and Monroe County concerning the Janitorial Services for the Cudjoe Key Sheriff's Substation. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 246-1989 See Res. Book No. 77 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Donald Craig, Assistant County Administrator, addressed the Board and delivered a letter from DCA dated April 27, 1989 concerning their response to the County's proposal for an alternative strategy to meet concurrency requirements. This matter was deferred to the next meeting. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve and authorize exe- cution of a First Amendment to Preliminary Development Agreement for Marathon Regional Service Center by and bet- ween the County, the Department of General Services, and the State of Florida Department of Community Affairs. Motion carried unanimously with Mayor Puto not present. COMMISSIONERS' ITEMS Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution supporting Senate Bill 1428 concerning Trauma Care. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 247-1989 See Res. Book No. 77 which is incorporated herein by reference. PP 023 BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Mayor Pro Tern Lytton to adopt the following Resolution authorizing execution of a Sign Lease with Knight Realty, Inc. concerning a sign at the Key West International Airport, said Lease to include the necessary "Hold Harmless" clauses. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 248-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Lytton to adopt the following Resolution authorizing execution of a Sign Lease with La Concha Associates concerning a sign at the Key West International Airport, said Lease to include the necessary "Hold Harmless" clauses. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 249-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Lytton to adopt the following Resolution authorizing execution of a Sign Lease with Budget Rent A Car concerning two signs at the Key West International Airport, said Lease to include the necessary "Hold Harmless" clauses. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 250-l989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tern Lytton to adopt the following Resolution authorizing execution of a Sign Lease with The Hertz Corporation concerning a sign at the Key West International Airport, said Lease to include the necessary "Hold Harmless" clauses. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 251-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Lytton to adopt the following Resolution authorizing execution of a Sign Lease with The Hertz Corporation concerning a sign at the Marathon Airport, said Lease to include the necessary "Hold Harmless" clauses. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 252-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Lytton to adopt the following Resolution authorizing execution of a Sign Lease with The Casa Marina concerning a sign at the Key West International Airport, said Lease to include the necessary "Hold Harmless" clauses. Motion carried unanimously with Mayor Puto not present. PP 024 RESOLUTION NO. 253-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Lytton to adopt the following Resolution authorizing execution of a Sign Lease with American International RAC of South Florida, Inc. concerning a sign at the Key West International Airport, said Lease to include the necessary "Hold Harmless" clauses. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 254-1989 See Res. Book No. 77 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Lytton to adopt the following Resolution transferring funds concerning the Tourist Development Council. Motion carried unanimously with Mayor Puto not present. RESOLUTION NO. 255-1989 See Res. Book No. 77 which is incorporated herein by reference. There being no further business, the meeting was adjourned. * * * * *