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05/23/1989 Regular PP 035 Regular Meeting Board of County Commissioners Tuesday, May 23, 1989 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at City Hall in Key Colony Beach. 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, Clerk1 Randy Ludacer, County AttorneY1 Tom Brown, County Administrator1 County Staff1 members of the Press and Radio1 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. Commissioner Jones made a presentation to Mayor Puto of a trophy awarded to the winner of the Long Boat Race at Fiesta Key. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the following items by unanimous consent: Board adopted the following Resolutions concerning transfer of funds. RESOLUTION NO. 256-1989 RESOLUTION NO. 257-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 258-1989 RESOLUTION NO. 259-1989 RESOLUTION NO. 260-1989 RESOLUTION NO. 261-1989 RESOLUTION NO. 262-1989 RESOLUTION NO. 263-1989 See Res. Book No. 78 which is incorporated herein by reference. Board approved payment of Tourist Development Council expen- ditures in the amount $78,419.52 (Input Range 04/25/89 to 05/02/89), subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $17,216.11 (Input Date 05/02/89), subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $17,746.90 (Input Date 05/08/89), subject to final invoice approval by the Finance Department. Board adopted the following Resolution declaring intent to adopt and extend the one through six cent optional gas tax. RESOLUTION NO. 263A-1969 See Res. Book No. 78 which is incorporated herein by reference. PP 036 Board approved payment of Tourist Development Council expen- ditures in the amount of $9,521.89 (Input Date 5/9/89), sub- ject to final invoice approval by the Finance Department. Board authorized removal of the following items from the Extension Office's inventory and to advertise for bids for sale of the following surplus property: #6302-24 #2300-42 A-B Dick Mimeograph Machine Challenge Collator Board adopted the following Resolution authorizing the exe- cution of an Agreement between the County and Airways International, Inc. concerning premises at the Marathon Airport. RESOLUTION NO. 264-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution authorizing the exe- cution of Change Order No. 1 concerning the Key West International Airport "Expand, Seal coat and Stripe Commercial Service Apron and Cargo Parking Apron" Project by The Brewer Co. of Florida, Inc. RESOLUTION NO. 265-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution authorizing the exe- cution of a Grant Agreement between the County and the State of Florida, Department of State, Division of Library and Information Services, on behalf of the Monroe County Library, concerning Community Information Referral Centers. RESOLUTION NO. 266-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution authorizing the exe- cution of an Extension Agreement to Contract between Monroe County and Frank Keevan and Son, Inc. for the installation of daymarkers at Bow Channel, Cudjoe Key and at Tavernier Ocean Shores, Key Largo, Florida. RESOLUTION NO. 267-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution accepting the propo- sal from Florida Keys Memorial Hospital concerning food ser- vice to Bayshore Manor Residents. RESOLUTION NO. 268-1989 See Res. Book No. 78 which is incorporated herein by reference. Board approved the request from Road and Bridges Department and Engineering Department to remove the following items from their inventories and dispose of same: '0940-37 '0940-40 '0940-41 '0940-69 '0940-92 B&D Drill Acetylene Oxygen Cart 20-ton Jack 3" Suction Pump Printer PP 037 10940-125 10940-178 14102-25 14102-26 14102-27 14102-113 14102-132 14102-138 14102-161 14102-163 14102-179 14102-298 14102-307 #4102-263 10940-72 10940-126 10940-12 13000-010 13000-025 Radio Dayton Pump Swing Set Swing Set Slide Water Cooler Grease Gun Tool Mates Radio w/accessories Radio w/accessories Radio w/antenna control unit Radio Fire Extinguisher 12 - Vol t Pump Loud Speaker Box Typewriter File Cabinet 1979 Mobile Radio 1974 Typing Desk Board authorized the advertisement for bids for sale of the following surplus property from various County inventories as per the list from Roy Sanchez, Central Services Director: 11807-13 #0940-136 10940-148 #0800-59 10970-100 Unassigned 10970-140 11005-25 10940-172 #0920-367 #0915-30 10920-336 #4102-270 1975 Ford Torino 1979 Ford Fairmont 1978 Ford Fairmont Wagon 1982 Ford Fairmont 1982 Ford Fairmont 1984 Dodge Diplomat 1982 Dodge Diplomat 1984 Dodge Diplomat 1979 Chevy Chevette 1976 Dodge Van 1984 Parts Cleaner 1979 Ford Van 1977 Ford Van Social Services Public Works Public Works Safety Department M.S.D. M.S.D. Code Enforcement Public Works Public Works Public Works Public Works Public Works Board authorized the purchase of Motorola Dual Call Minitor II Pagers with Chargers from Motorola Communications as follows: Total Department Quantity Extended Price Key Largo Volunteer 5 $ 2,245.00 Ambulance Corp. Key Largo Volunteer 5 $ 2,245.00 Fire Department Tavernier Volunteer 6 $ 2,694.00 Fire Department Tavernier Volunteer 4 $ 1,796.00 Ambulance Corp. Board adopted the following Resolution authorizing execution of an Agreement between Tavernier Volunteer Fire Department and Ambulance Corps, Inc. and Special Taxing District 5, concerning the reimbursement of volunteers. RESOLUTION NO. 269-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 229-1989 concerning the receipt of unanticipated funds. PP 038 RESOLUTION NO. 270-1989 See Res. Book No. 78 which is incorporated herein by reference. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of William L. Richards for a 925 square foot enclosure for storage and parking only on Lot 124, Section D, Sugarloaf Shores, Sugarloaf Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-IO, Panel l493C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Albert F. Savill for an 800 square foot enclosure for storage and parking only on Lot 6, Block 3, Key Haven, 10th, Raccoon Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-lO, Panel l728C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Harold V. and Thelma L. Spruill for a 216 square foot enclosure, 199 square feet exisitng, for a total of 415 square feet, for storage and parking only on Lot 153, Port Antigua, Lower Matecumbe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-17, Panel l326C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Martha and Danny Strub for a 1248 square foot enclosure for storage and parking only on 50' of Lot 9, Block 2, Sombrero iI, Marathon; Zoned IS - Improved Subdivision; Coastal Flood Zone A-13, Panel l578C. COUNTY ATTORNEY Board granted permission to advertise for Public Hearing a proposed Ordinance providing for noise pollution and exhaust regulations on vessels operating in Monroe County, Florida; providing for severability; providing for repeal of all Ordinances in conflict herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Board adopted the following Resolution authorizing the Board of County Commissioners to enter into a Stipulation of Settlement with the Department of Community Affairs of the State of Florida with regard to Case No. 87-2169, captioned Monroe County v. Governor Bob Graham. RESOLUTION NO. 271-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution authorizing the exe- cution of a Settlement Agreement pertaining to the State of Florida, Division of Administrative Hearings, Case Entitled Department of Community Affairs vs. Monroe County Board of County Commissioners and Clarence J. Keevan, Case No. 86-1340. RESOLUTION NO. 272-1989 See Res. Book No. 78 which is incorporated herein by reference. Board granted permission to advertise for Public Hearing a proposed Ordinance defining the Card Sound Road and Bridge pp 039 Facility; providing for the levy of certain facility tolls, to wit: l-axle vehicle, $1.00; 3-axle vehicle, $1.50; 4-axle vehicle, $2.00; 5-axle vehicle, $2.50; 6-axle vehicle, $3.00; and 40~ per axle commuter fee for the use of the Card Sound Road and Bridge Toll Facility effective July 11, 1989; providing that funds so collected be deposited in the Card Sound Road and Bridge Facility Enterprise Fund; providing that the funds so collected be used for the opera- tion, maintenance or improvement of the facility and any reserve or sinking fund necessary therefor; providing that other funds lawfully available may be expended on the Card Sound Road and Bridge Facility; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. I Board granted permission to advertise for Public Hearing a proposed Ordinance providing a definition of Bottle Clubs; providing that such clubs shall completely close from the hours of 4:00 A.M. to 7:00 A.M.; providing for the prosecu- tion of violations of this Ordinance and the penalties therefor; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. MUNICIPAL SERVICE DISTRICT (WASTE) Board approved the payment of $250.00 to the State of Florida Department of Environmental Regulation for operating the Combustor Unit Number 5 in violation of visible emission requirements of paragraph 48, Consent Order - OGC No. 88-0554. Board adopted the following Resolution appointing a Solid Waste Task Force to review recommendations of Hazen & Sawyer, Solid Waste Consultants, and to report back to the Board. RESOLUTION NO. 273-1989 See Res. Book No. 78 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Library Services Board adopted the following Resolution authorizing the Mayor to accept up to $150,000.00 from the Friends of the Key Largo Library Development Committee as per the terms and conditions cited therein. RESOLUTION NO. 274-1989 See Res. Book No. 78 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Planning Department Board approved the removal from the Consent Agenda of the Major Conditional Use Permit and Development Order for Outward Bound, and placement on appeal for June 6th. Building Department Board authorized for advertising for Public Hearing the pro- posed changes to the Floodplain Ordinance. PP 040 Board adopted the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 35, Part of Government Lot 2, Little TOrch Key, RE #113210-000000 and 113150-000000. RESOLUTION NO. 275-1989 See Res. Book No. 78 which is incorporated herein by reference. Board continued to June 6th consideration of a Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 36, Little TOrch Key, RE #113130, 1113190, #113200 and #113090. Board adopted the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 37, Southcliff Estates, Tract 4, Key Largo. RESOLUTION NO. 276-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 38, Imber Subdivision and adjacent unrecorded plat. RESOLUTION NO. 277-1989 See Res. Book No. 78 which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES Personnel Board adopted the following Resolution approving the Monroe County Employees Sick Leave Pool Rules. RESOLUTION NO. 278-1989 See Res. Book No. 78 which is incorporated herein by reference. Grants Management Board adopted the following Resolution accepting a Grant from the Florida Department of Environmental Regulation under the Used Oil Recycling Grant Program and authorizing the Mayor to execute a contract in furtherance thereof. RESOLUTION NO. 279-1989 See Res. Book No. 78 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Engineering Board adopted the following Resolution authorizing the exe- cution of a Contract by and between Monroe County and Frank Keevan and Son, Inc. concerning the restoration of Hammock Drive, East Rockland Key. RESOLUTION NO. 280-1989 See Res. Book No. 78 which is incorporated herein by reference. PP 041 Board adopted the following Resolution authorizing the exe- cution of a Contract by and between Monroe County and Frank Keevan and Son, Inc. concerning the rehabilitation of the Duck Key/Marathon Bridges. RESOLUTION NO. 281-1989 See Res. Book No. 78 which is incorporated herein by reference. Board approved the request from the Public Works Division for a Bike Path Maintenance Plan. Board approved and authorized execution of Change Order No. 2-FINAL to Hewett-Kier Construction, Inc. for the Renovation of First Floor Courthouse Annex Building Project in the increased amount of $6,466.83 and forty-five days. Board approved the request of Hewett-Kier Construction, Inc. that the retainage on the Courthouse Annex Project be lowered from 10% to 5%. Board approved and authorized execution of Change Order No. I-FINAL to Rosasco Construction, Inc. for the Cudjoe Key Sheriff's Substation in the increased amount of $873.18 and the Final Pay Request in the amount of $12,023.18. Board adopted the following Resolution authorizing execution of a Structural Engineering Inspection and Survey Consulting Agreement with Jenkins and Charland, Inc. for the Truman Elementary School Facility in Key West, Florida. RESOLUTION NO. 282-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution authorizing execution of a Fleet Maintenance Operations Contract between the County and Transportation Consultants, Inc. RESOLUTION NO. 283-1989 See Res. Book No. 78 which is incorporated herein by reference. Board adopted the following Resolution authorizing execution of a Contract by and between the County and Key Iron Works concerning the removal of substandard spiral staircase and construction and installation of new fire escape at the County Courthouse. RESOLUTION NO. 284-1989 See Res. Book No. 78 which is incorporated herein by reference. COUNTY ADMINISTRATOR Board approved the following payments: 1. victor N. DeCario & Associates, Inc., in the amount of $2,344.34, for Professional Services re: Monroe County Geographic Information System. 2. Taylor, Brion, Buker & Greene, in the amount of $2,302.50, for Professional Services re: Monroe County Translator System. PP 042 3. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $6,159.48, for Professional Services thru 4/28/89. 4. Hansen Lind Meyer Inc., in the amount of $21,450.00, for Professional Services re: Monroe County Correctional System Master Plan. 5. Hansen Lind Meyer Inc., in the amount of $589.86, for Professional Services re: Monroe County Correctional System Master Plan. 6. Curry & Sons printing, in the amount of $350.00, for Conch Certificates. 7. Curry & Sons Printing, in the amount of $66.00, for Invitations for dedication of Sheriff's Cudjoe Key Substation. 8. Monroe County Office Supply, in the amount of $64.12, for Conch Certificate letters. 9. Tom Sawyer Enterprises, in the amount of $50.00, for Plaque for U.S.S. Lexington. 10. Tom Sawyer Enterprises, in the amount of $60.00, for Plaque for George Bush. 11. Rosenman & Colin, in the amount of $8,117.28, for Professional Services re: Monroe County Translator System. 12. Cohen, Dippell & Everist, P.C., in the amount of $8,869.84, for Professional Services re: Monroe County Translator System. 13. Lucien C. Proby, Jr. (Taylor, Brion, Buker & Greene), in the amount of $906.25, for Professional Services re: Big Pine Road case. 14. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $6,703.08, for Card Sound Road & Toll District for the month of March, 1989. 15. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $14,677.80, for Road invoice for the month of March, 1989. 16. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $254.26, for Pay Request #23 (Final) for Professional Services re: Courthouse Annex. 17. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $219.83, for Pay Request #20 (Final) for Professional Services re: Sheriff's Sub- station. 18. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $170.37, for Pay Request #3 for Professional Services re: Plantation Key Atrium. 19. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $3,355.12, for Pay Request #25 for Professional Services re: Higgs Pier. PP 043 20. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,577.95, for Pay Request #21 for Professional Services re: Higgs Pavilions. 21. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $810.35, for Pay Request #2 for Professional Services re: Pigeon Key Ramp. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo D. Marcovici, M.D.,-in the amount of $950.001 Mental Health Care Center of the Lower Keys, in the amount of $400.001 Tanju T. Mishara, Ph.D., in the amount of $200.00. COURT-APPOINTED ATTORNEYS, T. Nicholas Thomes, in the amount of $3,198.271 Carol Ann Wolf, in the amount of $997.00. OTHER EXPENSES, Behavior Changers, Inc., in the amount of $125.001 Louis J. Spallone, Clerk, in the amount of $200.001 State of Florida, in the amount of $2,465.40. COURT REPORTER SERVICES, A. J. Reporting Service, in the amount of $3,623.501 Associated Court Reporters, in the amount of $660.801 Calderwood/Mackelprang & Associates, in the amount of $577.661 Emerald Coast Court Reporters, in the amount of $359.911 Billee Jean Fase, in the amount of $15.001 Kathleen A. Fegers, in the amount of $30.001 Florida Keys Reporting, in the amount of $150.001 Nancy J. Maleske, in the amount of $1,269.001 Nichols & Hardy Court Reporters, in the amount of $270.00. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $480.001 Serafin Calero, in the amount of $20.001 Manuel Marcial, in the amount of $55.001 Alexandra Ramos, in the amount of $60.00. EXPERT WITNESS FEES, Dorothy J. Hicks, M.D., in the amount of $1,250..001 Ira D. Karmelin, in the amount of $1,250.001 K. Michael Keil, M.D., in the amount of $150.001 Tanju T. Mishara, Ph.D., in the amount of $145.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $3,319.401 Regular Witness Fees, in the amount of $200.00. Board approved the following Warrants: GENERAL REVENUE FUND, #106707-#107795, in the amount of $2,702,119.49. ---- SUPPLEMENT TO GENERAL REVENUE FUND, #277-#280, in the amount of $57,68~68. FINE & FORFEITURE FUND, 1836-1843, in the amount of $1,428,597.77.- AIRPORT OPERATION & MAINTENANCE FUND, #526-1533, in the amount of $763,134.58. ROAD & BRIDGE FUND, #555-15559 in the amount of $2l5,770.~ - ---- MSD TAX DISTRICT, #1241-#1250, in the amount of $426,250.86. --- PP 044 MSD - MARINE BANK (Marathon), #482-#487, in the amount of-s293,221.04.---- MSD - PLEDGED FUNDS, #147-#148, in the amount of $500,000.00. LAW LIBRARY FUND, #277-#280, in the amount of $1,885.54:-- CAPITAL PROJECTS FUND, #349-#351, in the amount of $33,025.47. ---- CARD SOUND BRIDGE FUND, #276-#279, in the amount of $30,044.8~ WORKERS COMPENSATION, #2840-#2860, in the amount of $35,832.71. TOURIST DEVELOPMENT COUNCIL, #591-#595, in the amount of $71,272.04. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #304- #309, in the amount of $212,876.41. TRANSLATOR FUND, #219-#222, in the amount of $51,532.61. ---- RENTAL REHAB PROGRAM, #23-#31, in the amount of $37,028.00. COMMUNITY DEVELOPMENT BLOCK GRANT, #48-#51, in the amount of $31,278.90. RISK MANAGEMENT FUND, #34-'37, in the amount of $52,145.0S:-- PLANNING, BUILDING & CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, #194-#198, in the amount of $303,033.66. VENETIAN SHORES SPECIAL ROAD DISTRICT, t13-#14, in the amount of $268.16. ---- MONROE COUNTY UPPER KEYS TRAUMA DISTRICT, #4, in the amount of $2,919.82. Board approved Minutes of the following meetings of the Board of County Commissioners: 4/11/89 (two meetings), 4/21/89, 4/28/89. Board approved execution of and authorized the Tax Collector to issue Duplicate Tax Sale Certificate No. 740 (dated June 8, 1984 in the sum of $76.52) to Ann Hartline, inasmuch as the original Certificate has been lost or destroyed. Board approved execution of and authorized the Tax collector to issue Duplicate Tax Sale Certificate No. 564 (dated May 22, 1986 in the sum of $1,40.61) to Rex H. Hopkins. AWARD OF BIDS Board accepted recommendation of Staff to award bid for Janitorial Services at the Chaplin Building in Marathon to Executive Building Services in the amount of $1,577.34 per month and adopted the following Resolution authorizing exe- cution of a Contract Agreement by and between Monroe County and Executive Building Services concerning the Janitorial PP 045 Services for the Chaplin Building in Marathon. RESOLUTION NO. 285-1989 See Res. Book No. 78 which is incorporated herein by reference. Board accepted recommendation of Staff to award bid for Traffic Signal Maintenance and Repair-Seven Mile Bridge to Dade County Line to Coastal Electric Service, Inc. and adopted the following Resolution authorizing execution of a Contract by and between Monroe County and Coastal Electric Service, Inc. concerning Traffic Signal Maintenance and Repair - Seven Mile Bridge to Dade County Line. RESOLUTION NO. 286-1989 See Res. Book No. 78 which is incorporated herein by reference. Board accepted recommendation of Staff to award bid for Tire Shredding Services to Geo Tech Industries of Leesburg, Florida and directed Staff to bring back Resolution and Contract for final approval. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Puto, County Administrator Tom Brown, Assistant County Administrator Dent Pierce, and Roads and Bridges Director John Connolly joined in making a presen- tation to the March Employee of the Month - John Chaffee, Area Supervisor, Public Works Division. Mayor Puto presented a Proclamation proclaiming the week of June 4 - 10, 1989 as NATIONAL SAFE BOATING WEEK in Monroe County. Mayor Puto presented a Proclamation to Ruth Alice Campbell declaring May 14 - 20, 1989 as TEACHER APPRECIATION WEEK. He also presented a Proclamation to Mrs. Campbell, Frank Courtney of the School Board, and Mrs. Martin-Vegue supporting PROJECT GRADUATION. The Mayor also read a Proclamation declaring May 29th as MEMORIAL DAY. Motion was made by Mayor Puto and seconded by Commissioner Harvey to approve the following Older American Advisory Board Members for Monroe County: KEY WEST: Henry M. Hughes (PRES.) Mike Meitz Charles Kamper Mel Levitt MARATHON: Rita Morabito (PRES.) Louis Schwartz Jack Spiegel Irene Wittne BIG PINE KEY: Virgina Modloff (PRES.) Bessie Schueler Blanche Wise Vera Burrell 1 Year 3 Years 1 Year 2 Years 1 Year 3 Years 2 Years 1 Year 1 Year 3 Years 2 Years 1 Year Ends 1989 Ends 1991 Ends 1989 Ends 1990 Ends 1989 Ends 1991 Ends 1990 Ends 1989 Ends 1989 Ends 1991 Ends 1990 Ends 1989 PP 046 UPPER KEYS: Charles Cornell (PRES.) Betty J. Carley v. Lucky Griffiths Eva E. Steinka 1 Year 1 Year 3 Years 2 Years Ends 1989 Ends 1989 Ends 1992 Ends 1990 Motion carried unanimously. The Board discussed the possibility of Commissioners serving on an alternate basis as the ex officio member to the Older American Advisory Board. Motion was made by Mayor Puto and seconded by Commissioner Stormont to approve the appointment of Rose M. Beiro to the Monroe County Housing Authority. Motion carried unanimously. Motion was made by Mayor Puto and seconded by Commissioner Lytton to appoint Marie Fisher of Marathon to the Parks and Recreation Board. Motion carried unanimously. Motion was made by Mayor Puto and seconded by Commissioner Lytton to adopt the following Resolution opposing the recommendation of the Department of the Interior to include Monroe County in its Coastal Barrier Resource System. RESOLUTION NO. 287-1989 See Res. Book No. 78 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Pu to Yes Yes Yes No Yes Motion carried. Commissioner Harvey and Tom Brown, County Administrator, discussed meetings and correspondence with Dade County concerning a joint solid waste partnership. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to adopt the following Resolution soliciting the cooperation of Dade County in developing future solid waste management facilities in partnership with Monroe County. Motion carried unanimously. RESOLUTION NO. 288-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to approve the appointment of Sven Lindskold of Islamorada to the Parks and Recreation Board. Commissioner Harvey discussed the possible acquisi- tion of Coco Plum Beach property by the Land Authority. This item was deferred to later in the day. Commissioner Harvey discussed an editorial in the Free Press concerning the appropriate way to address County Administrator Tom Brown. PP 047 Commissioner Harvey discussed the Monroe County Fine Arts Council. Parvan Bakardjiev, Director of the Monroe County Fine Arts Council, and members Herman Stein, Arlene Reiser, and Mary Moon addressed the Board. Mr. Bakardjiev requested $28,000.00 - consisting of $7,000.00 per District - in additional appropriations for the current fiscal year. This matter was referred to Commissioner Harvey and the County Administrator for a report back at the next meeting. Sandra Higgs addressed the Board concerning TOC District I Third Penny allocation for Key West Cemetary brochures. Randy Ludacer, County Attorney, discussed the activities and inactivity of the District Advisory Committees. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve this item, sub- ject to written confirmation of the District Advisory Committee's approval. Bill Wickers, TOC Board member, addressed the Commission concerning the role of the Advisory Committees. 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 Harvey and seconded by Commissioner Stormont to approve the requested District I Third Penny Plan Amendment to accommodate the Maritime Historical Festival allocation, subject to written confir- mation of the District Advisory Committee's approval. Roll call vote was unanimous. Sandra Higgs discussed requested funding for a Caribbean Festival in District I. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the requested District IV Third Penny Plan amendment to accommodate the Indian Key Project and approval of the Indian Key Project, subject to written confirmation of the District Advisory Committee's approval. Roll call vote was unanimous. Bill Wickers addressed the Board concerning the Caribbean Festival in District I. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to place a consideration of the request for funding for the Caribbean Festival on the Agenda. Motion carried unani- mously. Ellen McFadden, District IV Advisory Committee member, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to approve the amendment to the Third Penny Plan transferring $30,000.00 Unallocated from the Tourist Information Services to Special Events, subject to approval of the District Advisory Committee. Motion carried unanimously. The Board discussed the State Plan for the Indian Key Project in District IV. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to approve PP 048 $10,000.00 allocation for a Project Coordinator, subject to the approval of the District Advisory Committee and TOC, and subject to a legal opinion from the County Attorney as to the status of the employee. 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 Lytton and seconded by Commissioner Stormont to approve a $100,000.00 allocation from District IV's Third Penny, based upon the award of a Grant from the State of Florida for the Indian Key Restoration Project. Motion carried unanimously. Mayor "Mickey" Feiner, Vice-Chairman of TOC, addressed the Board concerning certain amendments to the proposed contract between Monroe County and Keys Advertising & Marketing, Inc. Sandra Higgs of Keys Advertising & Marketing addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to amend Page 5 to provide for a ninety-day notice and payment of ninety days of "base pay" of the Administrator upon ter- mination without cause. During discussion, motion was withdrawn. The Board continued discussion of the ter- mination clause provisions. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to provide for a dollar amount of pay upon termination without cause, equal to three months of the total contract and three months of the base pay of the Administrator as outlined on Attachment A referred to in the contract. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto No Yes Yes Yes Yes Motion carried. The cerning the increase an increase in rent. paragraph from one of Board then discussed the clause con- in the Monthly Service Payment due to The Board decided to use the following the earlier drafts: "The Monthly Service Payment shall also be increased by the amount, if any, by which office rental for KEYS shall increase during the term hereof over and above any increases allocable to the Consumer Price Index increase set forth below. Current rental is TWO THOUSAND ONE HUNDRED TWENTY DOLLARS ($2,120.00> per month. If, after April 30, 1991, the Board elects to furnish comparable quarters, then the amount KEYS is currently paying for rental shall be deducted from the Monthly Service Payment." Motion was made by Commissioner Stormont and seconded by Commissioner Jones to add the word "average" after the reference to 1988 as a base year in the last sentence of the third paragraph concerning the calculation of the CPl. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to include in the PP 049 final sentence of the last paragraph on Page 2 the require- ment that extraordinary purchases or expenditures for which the contractor is seeking reimbursement must be first approved by the Board of County Commissioners. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend Section 3-E on Page 3 by adding the words "subject to the Public Records Law". Motion carried unanimously. Motion was made by Commissioner Stormont andd seconded by Commissioner Harvey to amend Section 4 on Page 4 by deleting the word "personal" and replacing with the word "professional". Motion carried unaimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend the last sentence of Section 5 to read "Subsection 112.311 et seq." Motion carried unanimously. The Board then discussed the requirement in the proposed contract for an annual audit. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to remove the requirement for the annual audit. 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 Stormont and seconded by Commissioner Lytton to amend Section 9 on Page 5 to begin the first sentence with the words "Total records" and eliminate the words "All documents and records...." Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to delete the second sentence in Section 9 beginning with the word "KEYS" and ending with the word "care". Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to begin the last sentence of Section 9 with the words "All records" instead of the word "Documents". Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to strike reference to Monroe County in Section 16 on Page 7. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto No No Yes Yes No Motion failed. Sandra Higgs addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to approve the contract as amended and to adopt the following Resolution approving the Agreement as amended bet- ween the Monroe County Tourist Development Council and Keys Advertising & Marketing, Inc. RESOLUTION NO. 289-1989 See Res. Book No. 78 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 Yes Yes No Yes pp 050 "Pt. y , 5 fl.)> Motion carried. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent. MISCELLANEOUS Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve the revised Carter Goble Associates proposal for Court Facilities Plan. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to adopt the following Resolution exempting all invoices under One Hundred Dollars ($100.00> for Court Interpreter Services from having to receive prior approval for payment thereof. Motion carried unanimously. RESOLUTION NO. 290-1989 See Res. Book No. 78 which is incorporated herein by reference. The Regular Meeting of the Board of County Commissioners recessed. * * * * * 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 Commissioner Mickey Feiner, Commissioner Eugene Lytton, Commissioner John Stormont, and Chairman Michael Puto. Absent from the meeting was Commissioner Hal Halenza. Reggie paros, Assistant County Administrator/ Division of Public Safety, discussed the transfer in the Lower Keys District to the Enhanced 911 System. ~ Francis Morris, Emergency Medical Services Director, addressed the Board and presented a plan for in- house billing and collections. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the plan for a period of one and one-half ~AtAe. Motion carried unanimously. ~ ~t':'rIL seconded Motorola Motorola Motion was made by Commissioner Stormont and by Commissioner Lytton to authorize the purchase of Dual Call Minitor II Pagers with Chargers from Communications as follows: Department Quantity Total Extended Price Stock Island Volunteer 5 Fire Department Sugar loaf Volunteer 6 Fire Department Big Pine Volunteer 6 Fire Department $ 2,245.00 $ 2,934.00* $ 2,694.00 PP 051 4 $ 2,245.00 $ 3,592.00 $ 1,796.00 $ 2,694.00 Marathon Volunteer Fire Department Conch Key Volunteer Fire Department Layton Volunteer Fire Department Islamorada Volunteer Fire Department 5 8 6 *Sugarloaf Fire Department requested amplifier chargers; additional per unit cost of $40.00. Motion carried unanimously. Motion was made by Commissioner Stormont andd seconded by Commissioner Lytton to adopt the following Resolution authorizing the Chairman to execute an Agreement between Marathon Volunteer Fire & Rescue, Inc. and the Lower and Middle Keys Fire and Ambulance District concerning the reimbursement of volunteers. Motion carried unanimously. RESOLUTION NO. 291-1989 See Res. Book No. 78 which is incorporated herein by reference. Mr. Paros presented to the Board for their infor- mation a copy of a letter received from the Monroe County Chief's Association regarding the purchase of pumpers. Motion was made by Commissioner Stormont and seconded by Chairman Puto to adopt the following Resolution authorizing execution of an Agreement between Stock Island Fire Department, Inc. and the Lower and Middle Keys Fire and Ambulance District concerning the reimbursment of volun- teers. Motion carried unanimously. RESOLUTION NO. 292-1989 See Res. Book No. 78 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 members present. COMMISSIONERS' ITEMS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to extend the Sublease bet- ween the Greater Marathon Chamber of Commerce, Inc. and Marathon Jaycees, Inc. for five years beyond 1996, and to adopt the following Resolution authorizing approval of exe- cution of an extension of a Sublease Agreement by and bet- ween the Greater Marathon Chamber of Commerce, Inc. and the Marathon Jaycees, Inc. Motion carried unanimously. RESOLUTION NO. 293-1989 See Res. Book No. 78 which is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing (continued from April 28th) was held regarding the proposal to abandon a portion of Laurel pp 052 /f?~v 105 E::D ~ ~ ;j :3: S 0 rt ~ 1-'- 0 ::l n n ~ llJ i- Ii Ii <: 1-'- 0 Itl rt 0. Itl . ~ en rt ~ Itl ::l ~ I-' ; ~ Itl H- ~ ~ ~ 1-" ::l OQ Ii Itl en ~ rt en .. ~(')cn 0000 ~mmmm lil-'-I-'-I-'-I-'- en en en en "'dIlenenen (::1-'-1-'-1-'-1-'- 1'10000 O::l::l::l::l Itlltlltlltl Ii Ii Ii Ii tl)t""~::t: l"'l'-<OllJ o rt::l Ii ~rtltl<: oenltl O::l '< ::l rt ><Z:KlKl Kl 1tl01tl1tl1tl en enenen Avenue, Stock Island, Key West, Florida. Proof of publica- tion was entered into the record. William spottswood, attorney representing the Petitioner, addressed the Board. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to adopt the following Resolution to close a portion of the following described street, alley-way, road or highway as delineated on the hereinafter described map or plat, to wit: 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 SEIly right of way line of Highway U.S. No.1; thence NElly along the SEIly 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. RESOLUTION NO. 294-1989 See Res. Book No. 78 which is incorporated herein by reference. ***** A Public Hearing was held for the purpose of receiving public input on the recommendation of the Monroe County Port Advisory Committee and its report on Boot Key Harbor. Proof of publication was entered into the record. The following persons addressed the Board: Dan Sagar, Forest Strather, Jim Bonderant, Charles Hughes, Mary Hughes, Barbara Roeder, Stan Roeder, Dick Rudell, Dan Kellenberger, Mike Cunningham, Barry McAlister, Mark Andrews, Robert Iribarren, Susan Patterson, Ken Carter, Will Adams, Joan Manges, Vern Pokorski, Mary Kellenberger, Russ Teall, George Kundtz, Betty Schreiber, Adam Patterson, Mary Ellen Langdon, George Kind, W. Thommas, Jamie Gargano, Frank Greenman, Alison McCloud. Jeff Fisher, Monroe County Extension Director, addressed the Board concerning the report. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Lytton to create a Task Force in accordance with Recommendation No. 5 to write a plan within one year with emphasis on Options 2 and 7 of the report. Roll call vote was unanimous. The County Attorney was also requested to provide an opinion as to the ability of the County to declare an Area of County Critical Concern on any water area subject to State sovereignty. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to direct the County Attorney to draw together whatever clear authorities exist concerning the regulation of these areas. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to direct the County Attorney and the County Planning Staff to proceed on a County-wide project concerning live-aboards. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 006-1989 (codified as Section 2.1-2, PP 053 Monroe County Code) in order to require that alcoholic beverage vendors with premises licensed by the State of Florida to sell liquor for consumption on the premises shall close completely and allow no persons other than the vendor and his employees to remain on the premises during the hours when the sale of alcoholic beverages are not permitted; excepting from such closure those vendors with a food ser- vice area of 2,500 square feet or more and the capability of serving full-course meals to 150 persons at tables at one time or those vendors holding a specialty restaurant alcoho- lic beverage license issued prior to Januay 1, 1958; pro- viding that a vendor otherwise required to completely close during the hours when the sales of alcoholic beverages are not permitted may open for the sale of food and non- alcoholic beverages at 5:30 a.m. provided the bar or bars are separated from the food service area and are inac- cessible to food service customers until the hour when alco- holic beverage sales may resume; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for inclusion in the Monroe County Code; and providing an effective date. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to limit the time for speakers to five minutes. Motion carried unanimously. The following persons addressed the Board: Rick Ostor, Dick Rudell, James Bailey, Arnold Blatt, Bob Sorenson, Rick Berard, Betty Schreiber, Helen Pierce, J. Gargano, John Bartus. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Lytton to continue to June 6th at 3:00 p.m. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Planning Department The Board entered into a disccussion concerning the proposed "Adequate Facilities Settlement Agreement" dated May 15, 1989. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend Paragraph 2 of Section VI by placing a period after the word "unit" and striking the rest of the sentence. Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend Paragraph 1 of Section VI by adding the following language: "This shall not include those lapsed under 9.5-2(b)(4)(a).(b)." and also to strike everything in Paragraph 4 of Section VI after the words "public facility" in the first line thereof. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve the amended Agreement and to adopt the following Resolution authorizing the execution of the amended Agreement with the Florida Department of Community Affairs (MINUS ATTACHMENT A) to effectuate the requirements of Florida Statutes 380 and to assist the County to implement the Comprehensive Plan and Land Development Regulations. RESOLUTION NO. 295-1989 See Res. Book No. 78 which is incorporated herein by reference. Assistant Secretary of the Department of Community Affairs, Mr. Kelly, addressed the Board concerning the proposed Agreement. Roll call vote was taken with the following results: PP 054 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 following items of recommended action: Direct the Director of Planning to immediately issue an administrative interpretation imple- menting the Agreement for the purposes of administration of permitting activity. Direct the Director of Planning to immediately begin preparing the concurrency management program stipulated in the Settlement Agreement. Direct the County Attorney to prepare a Resolu- tion allowing the Director of Planning to hire a consultant to assist staff in preparing the concurrency management plan required in the Settlement Agreement as allowed by Section F.S. 287.057. Direct the Planning Director to immediately implement the other requirements of the Settlement Agreement which do not require further Board approval. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Lytton to amend the motion to pro- vide that the County would not procceed with the item above regarding the hiring of a consultant to assist in prepara- tion of the concurrency management plan if it is not funded by the State. Roll call vote on the amendment was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. Roll call vote on the motion as amended was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt the following Resolution ratifying and adopting the 1989 Annual Assessment of Public Facilities Capacity Report prepared by the Director of Planning pursuant to Section 9.5-291, et seq., Monroe County Land Development Regulations1 further iden- tifying those areas which may have inadequate service capa- citY1 making specific findings that already allocated development rights in areas of potentially inadequate capa- city should be permitted to develop1 and identifying funding sources 1 and instructing the Planing Director to prepare a concurrency management system. Motion carried unanimously. RESOLUTION NO. 296-1989 See Res. Book No. 78 which is incorporated herein by reference. PP 055 AWARD OF BIDS The following firms made presentations in connec- tion with Professional Consulting Services concerning the Lower Matecumbe Community Plan: Van Horn Gray Associates of Boca Raton, Florida BRW Inc. of St. Petersburg, Florida Sedway Cooke Associates of Sarasota, Florida Following the presentations, the Board proceeded to ballot with the following results: Harvey Jones Lytton Stormont Puto Total Van Horn 1 2 3 3 3 1 2 3 3 13 BRW 2 1 9 Sedway 3 3 1 2 11 Danny Kolhage, Clerk, advised the Board that the firm of BRW Inc. was the highest-ranked firm, followed by Sedway Cooke Associates and Van Horn Gray Associates. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to authorize Staff to proceed to negotiate a proposed contract with BRW Inc. for Professional Consulting Services con- cerning the Lower Matecumbe Community Plan. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Pu to Yes No Yes Yes Yes Motion carried. DIVISION OF GROWTH MANAGEMENT Planning Department Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to postpone to June 6th consideration of adoption of Resolutions regarding Boundary Interpretation Number 30 re Summerland Estates and Boundary Interpretation Number 34 re Lime Grove Estatess. The Board recessed for dinner. * * * * * sent. The Board reconvened with all Commissioners pre- DIVISION OF GROWTH MANAGEMENT Building Department Motion was made by Commissioner Harvey and seconded by Commissioner Jones to approve refund to Island Community Church in the amount of $102.00 for Permits 8920000046 for a fence and 8920000059 for relocation of electrical feeders in their building in Marathan inasmuch as said building will be used for several community activities just as their building in Islamorada. Motion carried unanimously. PP 056 SOUNDING BOARD Vincent Drost of Cudjoe Gardens addressed the Board concerning FEMA's recently imposed flood level height increases for Cudjoe Gardens. Milton Chaffee, Owen Seckinger, Jim McElroy and George Kundtz addressed the Board regarding Coco Plum public beach. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to add the proposed acquisition of Coco Plum beach property to the list for potential uses of the infrastructure sales tax, should said tax be adopted. Roll call vote was unanimous. Miguel Cano addressed the Board regarding revoca- tion of the building permit for his house on Cudjoe Key. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to waive the impact fees in Mr. Cano's case and allow Mr. Cano to receive a final inspection as per Section 9.5-2(b)(2) of the Monroe County Code. Roll call vote was unanimous. COUNTY ATTORNEY Motion was made by Commissioner Jones and seconded by Commissioner Stormont declaring an emergency exists regarding placement on a referendum to be held on August 8, 1989 of the dissolution of the Cross Key Waterway Special Lighting District and waiving the requirements of adver- tising under the provisions of Florida Statutes 125.66. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to adopt the following Ordinance declaring that an emergency exists, that the immediate enactment of this Ordinance is necessary, and waiving notice by four-fifths vote; dissolving a Municipal Service Taxing District pursuant to statute; providing for severability; providing for inclusion in the Monroe County Code of Ordinances; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; and providing for an effective date. Roll call vote was unanimous. ORDINANCE NO. 012-1989 See Ord. Book No. 20 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey declaring an emergency exists regarding placement on a referendum to be held on August 8, 1989 of a proposed additional one cent sales tax within all of Monroe County and waiving the requirements of advertising under the provisions of Florida Statutes 125.66. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the following Ordinance declaring that an emergency exists and waiving notice by a four-fifths vote; levying in all of Monroe County a one cent sales tax surtax; providing for a formula for the distribution of revenues so collected between the County and the various municipalities within the County; providing that the surtax shall be collected for a period of fifteen (15) years commencing on November 1, 1989; providing the expenditure of the revenues collected on certain capital projects with a life expectancy in excess of five years; providing that the revenues raised by this Ordinance shall not be used to reduce ad valorem taxation or user fees including impact fees in existence on October 31, 1989; pro- viding for the pledging of revenues so raised for bonded PP 057 indebtedness~ providing for incorporation into the Monroe County Code of Ordinances~ providing for the repeal of all Ordinances or parts of Ordinances inconsistent herewith~ and providing for an effective date and referendum approval before the sales tax surtax may be collected. Motion carried unanimously. ORDINANCE NO. 013-1989 See Ord. Book No. 20 which is incorporated herein by reference. SOUNDING BOARD Mayor Feiner discussed the Key Lime pie presen- tation proposed in London and indicated that it would be cancelled. He discussed the possible Key Lime Pie presen- tation at the premiere of "Licence Revoked" in Key West on July 8th and 9th. The Board took no action. Dr. William J. Schlicht, Jr., Editor of KEY WEST REVIEW, addressed the Board and requested financial support for the magazine in the amount of $2,000.00 to support the publication. Motion was made by Commissioner Jones to pro- vide a letter of support concerning the KEY WEST REVIEW literary magazine. During discussion, motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Harvey to authorize preparation of an Ordinance to authorize an appropriation of $2,000.00 for the KEY WEST REVIEW. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes No Yes Yes Motion carried with Commissioner Lytton absent from the meeting. COMMISSIONERS' ITEMS Motion was made by Commissioner Jones and seconded by Commissioner Harvey to appoint Worthington Brown to the Parks and Recreation Board. Motion carried unanimously with Commissioner Lytton not present. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to appoint Tim Greene to the Tburist Development Council in the non-accommodation category. Motion carried unanimously with Commissioner Lytton not pre- sent. John Albert of Waste Management addressed the Board. Charles Aguero, MSD Manager, and County Administrator Brown discussed the information provided by Mr. Albert. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to refer this matter to Staff to prepare an RFP on the basis of negotiation and also to provide an in-house cost analysis including closure of the landfills and pay-off of the existing District Bonds. Roll call vote was unanimous with Commissioner Lytton not present. DIVISION OF PUBLIC WORKS Engineering Motion was made by Commissioner Jones and seconded PP 058 by Commissioner Harvey to adopt the following Resolution authorizing execution of a contract by and between Monroe County and Frank Keevan and Son, Inc. concerning the rehabi- litation of the Key Colony Beach Bridge. RESOLUTION NO. 297-1989 See Res. Book No. 78 which is incorporated herein by reference. Roll call vote was taken with the following rsults: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes Yes No Yes Motion carried with Commissioner Lytton not present. COMMISSIONERS' ITEMS Motion was made by Commissioner Stormont and seconded by Commissioner Jones to appoint Chuck Shafstal1 to the Parks and Reccreation Board. Motion carried unanimously with Commissioner Lytton absent from the meeting. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to adopt the following Resolution designating Mariners Hospital as the Upper Keys Health Care Taxing District Hospital. Motion carried unani- mously with Commissioner Lytton not present. RESOLUTION NO. 298-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to adopt the following Resolution authorizing exeution of an Addendum to the Memorandum of Understanding adopted by Resolution No. 673-1988 between the Upper Keys Health Care Taxing District and Baptist Hospital of Miami concerning emergency trauma-related care. Reggie Paros, ACA/Public Safety, addressed the Board. Roll call vote was unanimous with Commissioner Lytton not present. RESOLUTION NO. 299-1989 See Res. Book no. 78 which is incorporated herein by reference. Commissioner Stormont discussed a proposed trip to Dade and Broward Counties by the Solid Waste Task Force. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to authorize the County Administrator and MSD Manager to proceed to make arrangements for a trip to Dade and Broward Counties by the Solid Waste Task Force. Motion carried unanimously with Commissioner Lytton not pre- sent. Mayor Feiner and Reggie Paros discussed a proposed Resolution authorizing execution of an Employment Agreement between the Upper Keys Health Care Taxing District and Elaine Gorman as Project Director. After discussion by Commissioner Stormont, motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue this matter to June 6th. Motion carried unanimously with Commissioner Lytton absent from the meeting. PP 059 Commissioner Harvey discussed the need for a snack bar at the Public Service Building. No action was taken. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to authorize use of Sombrero Beach on June 30th, July 1st and July 2nd by the Greater Marathon Chamber of Commerce. Motion carried unanimously with Commissioner Lytton not present. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to adopt the following Resolutions transferring Tourist Development Council funds. Motion carried unanimously with Commissioner Lytton not pre- sent. RESOLUTION NO. 300-1989 RESOLUTION NO. 301-1989 RESOLUTION NO. 302-1989 RESOLUTION NO. 303-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to authorize the submission of matching grant applications to the Department of Health and Rehabilitative Services, Emergency Medical Services, for grants in the following EMS project areas: Emergency Transport Vehicles Communications Medical/Rescue Equipment Injury Prevention Motion carried unanimously with Commissioner Lytton absent from the meeting. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to approve, per staff con- ditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Tony Nemo for the placement of a mobile home below the base flood elevation on Lot 26, Gulfview Trailer Park, Big Coppitt Key; Zoned URM - Urban Residential Mobile Home; Coastal Flood Zone A-lO, Panel l73lC. Motion carried unanimously with Commissioner Lytton not present. COUNTY ATTORNEY Randy Ludacer, County Attorney, discussed the Order received on the Big Pine Key Road Administrative Hearing. After discussion, motion was made by Commissioner Jones and seconded by Mayor Puto to authorize the County Attorney to proceed with an appeal on the ruling in the Administrative Hearing concerning the Big Pine Key Road. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto ~s Yes No Yes Motion carried with Commissioner Lytton not present. Mr. Ludacer advised the Board that there would be a hearing on Thursday concerning New Port Largo. PP 060 The County Attorney advised the Board that Craig Germane had filed an inverse condemnation suit against the County. Mr. Ludacer requested that he be able to advertise for a new position of Trial Attorney in order to handle the increase of litigation against the County. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the request to advertise for a new position of Trial Attorney. Motion carried unanimously with Commissioner Stormont not present. The County Attorney discussed the need for the Board's action on continuation of the Local Option Gas Tax and the Board's Agreements with the municipalities con- cerning the distribution of those funds. During discussion, motion was made by Commissioner Stormont to seek the munici- palities' assistance in the adoption of the necessary Interlocal Agreements. After further discussion, motion was withdrawn. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the following Resolution requesting the Board of Trustees of the Internal Improvement Fund to issue to Monroe County a 50-year lease for certain property on which the Key Largo Volunteer Fire and Rescue Department has located its facility and to add to the last paragraph of that Resolution the words "...for the purpose of continuing such fire station by the Key Largo Volunteer Fire and Rescue Corp, Inc. and other such public purposes as deemed appropriate and necessary." Motion carried unanimously with Commissioner Lytton not present. RESOLUTION NO. 304-1989 See Res. Book No. 78 which is incorporated herein by reference. MUNICIPAL SERVICE DISTRICT (WASTE) Charles Aguero, MSD Manager, discussed the pending notification of the County's award of a Recycling Grant. Mr. Aguero also discussed a possible $25,000.00 Grant with DOT concerning Litter Clean-up. He advised the Board that at this time, it was not his recommendation for the Board to proceed with that Grant activity. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to indicate that the Board would not accept the $25,000.00 Grant with DOT concerning Litter Clean-up. Motion carried unanimousy with Commissioners Lytton and Stormont not present. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to authorize MSD to proceed with the negotiations for the lease/purchase of a new Caterpillar Tractor Model D6H with Kelly Tractor Company. Motion carried unanimously with Commissioner Lytton not present. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue to June 6th the requested approval to purchase a ~-ton pickup truck. Motion carried unanimously with Commissioner Lytton not present. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the following Reso- lution authorizing execution of a Lease Agreement by and between Monroe County and John E. Carter and Leondre L. PP 061 Carter concerning the lease of ten acres in Section 09, Township 60 South, Range 40 East, subject to approval of the Legal Department. Motion carried unanimously with Commissioner Lytton absent from the meeting. RESOLUTION NO. 305-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to approve the transfer from Fund 104-920000 (Reserve for landfill closure) to an escrow account for same purpose. Motion carried unanimously with Commissioner Lytton not present. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to approve the advertisement of a Budget Amendment for MSD. Motion carried unanimously with Commissioner Lytton not present. DIVISION OF COMMUNITY SERVICES Airport Services Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution authorizing execution of a Joint Participation Agreement by and between the State of Florida Department of Transportation, Division of Public Transportation Operations, and the County of Monroe for the purpose of constructing and relocating the Airport Safety Fence with Access Gates at the Marathon Airport, subject to the Commission's decision on the location of the fence. Motion carried unanimously with Commissioner Lytton not present. RESOLUTION NO. 306-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to adopt the following Resolution authorizing execution of an Agreement between Monroe County and the State of Florida Department of Transportation con- cerning joint particcipation in the development of a Regional Impact Study at the Marathon Airport. Motion carried unanimously with Commissioner Lytton not present. RESOLUTION NO. 307-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution authorizing execution of an Agreement between Monroe County and the State of Florida Department of Transportation con- cerning joint participation in the preparation of an Airport Storm Water Runoff Study at Key West International Airport. Motion carried unanimously with Commissioner Lytton absent from the meeting. RESOLUTION NO. 308-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution authorizing exeution of an Agreement between Monroe County PP 062 and the State of Florida Department of Transportation con- cerning joint participation in the preparation of an Airport Storm Water Runoff Study at Marathon Airport. Motion carried unanimously with Commissioner Lytton not present. RESOLUTION NO. 309-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution authorizing execution of an Agreement between Monroe County and the State of Florida Department of Transportation con- cerning joint participation in the purchasing and construc- tion of T-Hangars at Marathon Airport and/or purchasing and construction of Covered Aircraft Parking at Marathon Airport. Motion carried unanimously with Commissioner Lytton not present. RESOLUTION NO. 310-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to continue to June 6th the discussion of responses to the RFP for Airport Consultant and to request all proposers to make presentations. Motion carried unanimously with Commissioner Lytton absent from the meeting. DIVISION OF GROWTH MANAGEMENT The Board postponed to June 6th a discussion of the proposed DCA Rule concerning Destination Resorts and a discussion of the proposed change to the Building Permit Fee Schedule. Plat Approval Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution approving a plat of a subdivision to be known as Sugarloaf Beach located on Sugarloaf Key and directing the Clerk to accept such plat for recording in the Public Records of Monroe County and to include the requirement of recording of restrictions and grant for the conservation easement. Motion carried unanimously with Commissioner Lytton not pre- sent. RESOLUTION NO. 311-1989 See Res. Book No. 78 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to direct the Planning Department to prepare amendments to the Land Use Plan to provide for the reference to restrictions to be placed on recorded plats. Motion carried unanimously with Commissioner Lytton absent from the meeting. DIVISION OF MANAGEMENT SERVICES George Harper, ACA, discussed equipment that had been formerly placed in the TOC office but which would now not be necessary. He indicated that that equipment could be used by the Planning Department. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to PP 063 authorize the funding of the equipment formerly allocated to TOC from the Planning Department and Management Information Services in the amount of $13,465.00 and $3,000.00, respec- tively. Motion carried unanimously with Commissioner Lytton not present. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to adopt the following Resolution authorizing execution of a Lease Agreement by and between Monroe County and F. James Chaplin and Bettye B. Chaplin regarding the Chaplin Building (upstairs), Marathon, with reference to the CPI increases based on an "annual average". Motion carried unanimously with Commissioner Lytton absent from the meeting. RESOLUTION NO. 312-1989 See Res. Book No. 78 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Civil Defense Reggie paros, ACA, discussed the proposed Agreement with Contel concerning certain weather information. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to authorize execution of an amended contract. Motion carried unanimously with Commissioner Lytton not present. Emergency Medical Services Motion was made by Commissioner Jones and seconded by Commissioner Puto to accept the proposal from Physio-Control Corporation for preventative maintenance for Special Taxing District 5 and for Special Taxing District 6. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes Yes No Yes Motion carried with Commissioner Lytton absent from the meeting. DIVISION OF PUBLIC WORKS Road Department Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve the purchase of a Caterpillar D-3 Dozer from Kelly Tractor Co. in the amount of $41,122.66 and to waive the requirements of the Monroe County purchasing Policies and Procedures. Motion carried unanimously with Commissioner Lytton not present. Facilities Maintenance Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution authorizing execution of a Contract Agreement between Monroe County and Southernmost Pest Control for the Monroe County Lower Keys Facilities. Motion carried unanimously with Commissioner Lytton not present. RESOLUTION NO. 313-1989 See Res. Book No. 78 which is incorporated herein by reference. PP 064 I Engineering Motion was made by Commissioner Jones and seconded by Commissioner Harvey to reconsider the Board's previous action adopting a Resolution authorizing execution of an Agreement with Jenkins and Charland, Inc. for the Truman School Structural Analysis. Motion carried unanimously with Commissioner Lytton not present. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve the contract with amendments as presented by Mr. Koppel, Director of Engineering. Motion carried unanimously with Commissioner Lytton not present. COUNTY ADMINISTRATOR Motion was made by Commissioner Harvey and seconded by Commissioner Jones to approve the request by the Elks Club to conduct Flag Day ceremonies at the County Courthouse on June 14th from 12:00 Noon to 1:00 P.M. Motion carried unanimously with Commissioner Lytton absent from the meeting. Tom Brown, County Administrator, discussed the work being done at Truman School and indicated that the con- sultants would be doing asbestos testing on June 3rd and June 4th. Mr. Brown discussed an estimate of $400,000.00 to $500,000.00 for the installation of portable modular incar- ceration facilities.. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to authorize the County Administrator to enter into contract negotiations with Advance Structures, Inc. and also to utilize the ser- vices of Hansen Lind Meyer for design and siting, with a total cost not to exceed $600,000.00. Motion carried unani- mously with Commissioner Lytton not present. Mr. Brown discussed, for the Board's information only, Bell South Mobility's proposal for construction and joint use of communication towers. He indicated that he would proceed with negotiations with Bell South Mobility. The Board postponed to June 6th consideration of an Addendum to the Lease Agreement between the Marathon Chamber of Commerce and the Marathon Yacht Club concerning real pro- perty leased to the Marathon Yacht Club. The Board postponed to June 6th a discussion con- cerning entering into a new Personal Services Agreement for the Translator System Consulting Services. AWARD OF BIDS The Board postponed to June 6th the award of bid for Wage and Classification Analysis and Operational Efficiency Analysis and requested that the bidders be available to make presentations. COMMISSIONERS' ITEMS Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to place an item on the Agenda con- cerning the naming of Truman School. During discussion, Commissioner Jones objected to the placement of this item on the Agenda and according to the procedure previously adopted by the Board, the motion was not allowed. There being no further business, the meeting was adjourned. * * * * * - ---'