06/06/1989 Regular
PP 065
Regular Meeting
Board of County Commissioners
Tuesday, June 6, 1989
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in Courtroom "B" of the Courthouse Annex in Key West.
Present and answering to roll call were Commissioner
Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner
Eugene Lytton, Commissioner John Stormont, and Mayor Michael
Puto. Also present were Danny L. Ko1hage, Clerk; Randy
Ludacer, County Attorney; Tom Brown, County Administrator;
County Staff; members of the Press and Radio; and the
general public.
All stood for the Pledge of Allegiance and
Invocation.
The Board proceeded to make additions, deletions
and changes to the Agenda.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve the following
items by unanimous consent:
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 314-1989
RESOLUTION NO. 315-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $321,858.47 (Input Range 5/16/89 to
5/23/89), subject to final invoice approval by the Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $26,676.27 (Input Date 5/23/89),
subject to final invoice approval by the Finance Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $17,888.34 (Input Date 5/25/89),
subject to final invoice approval by the Finance Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $6,388.67 (Input Date 5/25/89),
subject to final invoice approval by the Finance Department.
Board approved request by the Monroe County Sheriff's
Department to use Sombrero Beach for the First Annual law
Enforcement Picnic on Saturday, September 2, 1989, and
waived restrictions on alcoholic beverages and requirements
for appropriate insurance coverage.
Board authorized removal of the following surplus items from
the inventory of the County Attorney's Office:
#0300-050
1980 Black Sanyo "Mini Talk
Book" Cassette Recorder
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i2103-028
1977 Five-drawer Lateral
File Cabinet
Board authorized removal of the following two computer
printers from the inventory of the Supervisor of Elections
Office:
#0702-127 and #0702-132
Board adopted the following Resolution authorizing execution
of a Title III-D Grant Proposal for Federal fiscal year 1989
between Monroe County and HRS, Aging and Adult Services.
RESOLUTION NO. 316-l989
See Res. Book No. 79 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of Amendment il to Contract KG-851, Title III-1989, between
Monroe County and the State of Florida Department of Health
and Rehabilitative Services.
RESOLUTION NO. 317-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of an Interlocal Agreement between Monroe County (Nutrition
Program) and the City of Key West concerning use of facili-
ties at the Community Pool.
RESOLUTION NO. 318-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Board approved the request by the Greater Marathon Chamber
of Commerce to use Sombrero Beach/Wanda Switlik Park on
July 4, 1989 for the Annual Independence Day Celebration.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Rafael R. Anaya for the placement of a mobile home below
the base flood elevation on Lot 3, Block 3, Blue Water
Trailer Village, Section 2, Tavernier; Coastal Flood Zone
A-16, Panel 0994C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Fernand Braun for a 1,816 square foot enclosure for
storage and parking only on Lot 4 and part of Lot 3, Block
9, Jolly Roger Estates, Little Torch Key; Zoned IS -
Improved Subdivision; Coastal Flood Zone V-12, Panel 1517D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Dr. and Mrs. Frank Ferrin for a 633 square foot enclosure
for storage and parking only on Lot 19, Block 2, Key Haven,
10th Addition, Raccoon Key; Zoned IS - Improved Subdivision;
Coastal Flood Zone A-10, Panel l728C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Dan Ryan for a 780 square foot enclosure for storage and
parking only on Lot 19, Block 7, pine Channel Estates, Big
Pine Key; Zoned IS - Improved Subdivision; Coastal Flood
Zone V-12, Panel 1536C.
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Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of James Schluraff for a 767.5 square foot enclosure for
storage and parking only on Lot 15, Block 2, Summer1and Cove
Isles, Summer1and Key; Zoned IS - Improved Subdivision;
Coastal Flood Zone V-12, Panel 15l4C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of 3-D Development Corp./D'Ascanio Corp. for a 168 square
foot enclosure - 299 square feet existing - total of 467
square feet - for storage and parking only on North ~ of Lot
10, Parcel E, Sombrero, Key Vaca; Zoned IS-D - Improved
Subdivision - Duplex; Coastal Flood Zone A-13. THIS IS FOR
329 SOMBRERO ROAD ONLY.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of 3-D Development Corp./D'Ascanio Corp. for a l68 square
foot enclosure - 299 square feet existing - a total of 467
square feet - for storage and parking only on North ~ of Lot
12, pare1 E, Sombrero, Key Vaca; Zoned IS-D - Improved
Subdivision - Duplex; Coastal Flood Zone A-13. THIS IS FOR
335 SOMBRERO ROAD ONLY.
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 319-1989
RESOLUTION NO. 320-1989
RESOLUTION NO. 321-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Board adopted the following Resolution concerning transfer
of funds.
RESOLUTION NO. 322-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Board approved the request from the Key West Legal
Secretaries Association to use the 310 Fleming Street walk-
way on June l6, 1989.
COUNTY ATTORNEY
Board granted permission to advertise for Public Hearing a
proposed Ordinance amending Monroe County Code Section
13.5-22 to change the source of funding of the Monroe County
Board of Parks and Recreation; 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.
Board granted permission to advertise for Public Hearing a
proposed Ordinance creating Chapter 12.5, Monroe County
Code, in order to provide for an occcupational license
requirement effective October 1, 1989 for persons, firms or
corporations engaged in the commercial harvesting of
saltwater products in the waters of or adjacent to Monroe
County who maintain a regular business presence in Monroe
County and who possess a Department of Natural Resources
saltwater products license1 providing a definition of busi-
ness presence 1 providing that the tax shall be due annually
in the amount of $18; exempting from this chapter the sale
PP 068
of aquacultural products, pisciculture products and tropi-
cal fish farm products; providing for a collection proce-
dure; providing for penalties and enforcement for violations
of this chapter; repealing Section 12-19(3), Monroe County
Code; amending Section 12-19(5), Monroe County Code,
restricting the vending of saltwater products to licensed
retail and wholesale dealers and peddlers and commercial
fishermen; and amending Section 12-3(6), Monroe County Code,
which will subject persons engaged in peddling saltwater
products to an annual occupational license tax of $30 per
year; exempting from the definition of peddling persons
licensed under Section 12-19, Monroe County Code, or Chapter
l2.5, Monroe County Code, or persons engaged in the
transportation of saltwater products; and which will provide
that the requirements of Monroe County Code Section 12-52
shall apply to saltwater products peddling including the
application procedures, the $l,OOO bond requirement if no
principal place of business is maintained in Monroe County,
the appointment of the Tax Collector as the saltwater pro-
ducts peddler's agent for service of process, and the
requirement that the saltwater products peddler applicant be
investigated by the Tax Collector for the public good and
the other requirements of Monroe County Code Section 12-52
concerning the entrance to premises, refusing to leave pre-
mises, and misrepresentation; providing for severability;
providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County
Code; and providing an effective date.
MUNICIPAL SERVICE DISTRICT (WASTE)
Board adopted the following Resolution requesting the City
of Key West to appoint a representative to the Solid Waste
Task Force.
RESOLUTION NO. 323-1989
See Res. Book No. 79 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Planning Department
Board adopted the following Resolution authorizing execution
of a Sponsored Research Agreement for Matching Funds between
Monroe County and the University of Florida Department of
Geography, acting for and on behalf of the Board of
Regents, a public corporation of the State of Florida, con-
cerning a Florida Sea Grant Project to develop and apply a
planning system for determining the use and carrying capa-
city of land and water parcels in the Florida Keys.
RESOLUTION NO. 324-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Board adopted the following Resolution recogn1z1ng the
intent of the Board to execute an Agreement by and between
the Florida Department of Transportation and Monroe County
concerning the preparation of a traffic element in the
Monroe County Comprehensive Plan.
RESOLUTION NO. 325-1989
See Res. Book No. 79 which is incorporated herein by
reference.
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DIVISION OF PUBLIC WORKS
Engineering
Board approved execution of a Professional Service Order
with Post, Buckley, Schuh & Jernigan, Inc. to authorize
PBS&J to design and apply for permits for construction of a
parking lot at the rear of the Marathon Government Center
and reconstruction of the existing paved lot to provide for
drainage.
Facilities Maintenance
Board granted approval for the acceptance of donations for
the Upper Keys Animal Control Facility and directed the
establishment of a separate revenue account for same.
Central Services
Board adopted the following Resolution authorizing the exe-
cution of a Fuel Management System Contract by and between
Monroe County and TRAK Engineering, Inc. concerning the
purchase of a Fuel Management System.
RESOLUTION NO. 326-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Engineering
Board authorized a Change Order to Frank Keevan & Son, Inc.
for the Higgs Beach pavillion Project in the amount of
$4,775.00, with a time extension of thirty days, to allow
for completion of work needed on the bases and stairs of
said pavi1lions.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
l. Public Finance Management, Inc., in the amount
of $2,500.00, for financial advisory services
for consulting on retainer for period ending
4/15/89.
2. Electronics, Missiles & Communications, Inc.,
in the amount of $90,174.20, in final payment
for Key Largo translator upgrade.
3. Jeffrey A. Fisher, County Extension Service,
in the amount of $29.83, for reimbursement
from the Promotional Account for expenses
rendered re Florida Cooperative Extension
Service 75th Anniversary.
4. Floyd Pearson Richman Greer Wei1 Zack &
Brumbaugh, in the amount of $14,949.74, for
professional services re New Port Largo v.
Monroe County.
5. David Ornstein, A.I.C.P., in the amount of
$1,000.00, in final payment for Mixed Use
District Study.
Board adopted the following Resolution authorizing execution
of an Addendum to the Agreement by and between Hansen Lind
Meyer, Inc. and Monroe County concerning the Monroe County
pp 070
correctional System Master Plan.
RESOLUTION NO. 327-1989
See Res. Book No. 79 which is incorporated herein by
reference.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guidance
Clinic of the Middle-Keys, in the amount of $400.00; Richard
Hellmann, Ph.D., in the amount of $450.00; Guillermo D.
Marcovici, M.D., in the amount of $2,400.00; Mental Health
Care Center of the Lower Keys, in the amount of $800.00;
Tanju T. Mishara, Ph.D., in the amount of $600.00.
COURT-APPOINTED ATTORNEYS, Maria Betancourt, in the
amount of $350.00; Brown & Magzamer, in the amount of
$1,063.75; Larry R. Erskine, in the amount of $1,155.00;
Michael Gi1berts, in the amount of $474.00; Jeff Hall, in
the amount of $4,709.14; Charles M. Milligan, in the amount
of $1,050.00; John P. Rotolo, in the amount of $52.50;
Merrell F. Sands, III, in the amount of $1,323.95; James
Pilafian, in the amount of $4,254.57.
OTHER EXPENSES, Louis J. Spallone, Clerk, in the
amount of $400.00; State of Florida, in the amount of
$936.62.
EXTRADITION COSTS, J. Allison DeFoor II, in the
amount of $8,913.12.
COURT REPORTER SERVICES, A. J. Reporting Service,
in the amount of $l,075.20; Armington Reporting Service, in
the amount of $35.00; Associated Court Reporters, in the
amount of $579.85; Mary Donahue, in the amount of $108.00;
Bi1lee Jean Fase, in the amount of $30.00; Kathleen A.
Fegers, in the amount of $123.00; Florida Keys Reporting, in
the amount of $352.50; Nancy J. Maleske, in the amount of
$597.00; Nichols & Hardy Court Reporters, in the amount of
$l48.00.
COURT INTERPRETER SERVICES, J. R. Alayon, in the
amount of $45.00; Juan Borges, in the amount of $720.00;
Humberto Jimenez, in the amount of $205.00; H. Trevino, in
the amount of $80.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $9,734.30; Regular Witness Fees, in the amount of
$155.00.
Board approved the following Warrants:
SUPPLEMENT TO GENERAL REVENUE FUND, *281-#283, in
the amount of $78,88~27.
FINE & FORFEITURE FUND, #844-#850, in the amount of
$65,12l.0~ -
AIRPORT OPERATION & MAINTENANCE FUND, 1534-#536, in
the amount of $276,976.81.
ROAD & BRIDGE FUND, #560-#567, in the amount of
$132,741.~ - ----
MSD TAX DISTRICT, 11251-#1260, in the amount of
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$4l5,392.93.
MSD - MARINE BANK (Marathon), #488-#489, in the
amount of-s282,893.58.----
MSD - PLEDGED FUNDS, #149-#150, in the amount of
$500,000.00.
LAW LIBRARY FUND, #281-#282, in the amount of
$2,422.99:-- ----
CAPITAL PROJECTS FUND, #352-#353, in the amount of
$106,996.29. ----
MONROE COUNTY GROUP INSURANCE, #310-#314, in the
amount of $457,989.67.
CARD SOUND BRIDGE FUND, 1280-t281, in the amount of
$38,035.4~ ----
WORKERS COMPENSATION, 12861-#2883, in the amount of
$73,60l.43.
TOURIST DEVELOPMENT COUNCIL, #596-#602, in the
amount of $385,376.08.
TRANSLATOR FUND, #223-#224, in the amount of
$95,057.16. ----
CROSS KEY WATERWAY, #63, in the amount of $899.17.
COMMUNITY DEVELOPMENT BLOCK GRANT, #52-#54, in the
amount of $26,852.04.
RISK MANAGEMENT FUND, #38-139, in the amount of
$39,463.2r:-- ----
MARINERS HOSPITAL SPECIAL TAX DISTRICT, #52, in the
amount of $47,615.85.
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #199=#200, in the amount of
$184,695.3l.
MONROE COUNTY UPPER KEYS TRAUMA DISTRICT, #5, in
the amount of $773.27. ----
Board approved execution of and authorized the Tax Collector
to issue Duplicate Tax Sale Certificate (Original No. 1127
dated May 2l, 1986 in the sum of $117.96) to Douglas D.
Glass.
Board approved execution of and authorized the Tax Collector
to issue Duplicate Tax Sale Certificate (Original No. 1123
dated May 2l, 1986 in the sum of $225.76) to Douglas D.
Glass.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Puto, County Administrator Tom Brown, and
Assistant County Administrator Dent pierce joined in making
a presentation to the April Employee of the Month - Linve1
Hunt, Maintenance Foreman, Public Works Division.
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Mayor Puto, County Administrator Tom Brown,
Assistant County Administrator Dent Pierce, and Roads &
Bridges Director John Connolly joined in the presentation of
an Appreciation Plaque to retired employee Edward Taylor,
Heavy Equipment Operator, Public Works Division.
Mayor Puto and Mayor Pro Tem Lytton presented to
Marie Landry and other representatives of the organization a
Proclamation proclaiming the week of June 18 - 24, 1989 as
U. S. COAST GUARD AUXILIARY WEEK in Monroe County.
Mayor Puto presented a Proclamation to Duncan
Mathewson proclaiming the month of July in the years 1989,
1990, 1991 and 1992 as MARITIME HERITAGE AWARENESS MONTH in
Monroe County.
Pat Knight of Big Brothers/Big Sisters presented
the County Commission with an Appreciation Plaque.
Mayor Puto presented a Proclamation to Peggy Cook
of the Garden Club declaring the week of June 5 - 10, 1989
as GARDENING WEEK in Monroe County.
Commissioner Harvey briefly discussed her visit to
the Agripost Plant.
Motion was made by Commissioner Lytton and seconded
by Mayor Puto to appoint Glenn Shou1ey of Big pine Key to
the Parks and Recreation Board. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to adopt the following
Resolution authorizing execution of an Employment Agreement
by and between the Upper Keys Health Care Taxing District
and Elaine Gorman as Project Director, subject to the
Administrator's concurrence and the return of the interview
reports. Motion carried unanimously.
RESOLUTION NO. 328-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Commissioner Stormont discussed recommendations of
the Solid Waste Task Force. Motion was made by Commissioner
Stormont and seconded by Commissioner Jones to adopt the
following Resolution directed to the Monroe County Land
Authority and recommending the purchase of certain parcels
of land for solid waste purposes pursuant to Agreement with
the Department of Community Affairs and revised purchase
priorities and procedures of the Land Authority. Motion
carried unanimously.
RESOLUTION NO. 329-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Motion was made by Mayor Puto and seconded by
Commissioner Jones to adopt the following Resolution
recognizing the Monroe County Chiefs' Association as the
official advisory group to the Fire Rescue Services
Department of the Division of Public Safety. Motion carried
unanimously.
RESOLUTION NO. 330-1989
See Res. Book No. 79 which is-rDcorporated herein by
reference.
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Motion was made by Mayor Puto and seconded by
Commissioner Jones to adopt the following Resolution
authorizing execution of an Inter10ca1 Agreement between the
District School Board of Monroe County and the Board of
County Commissioners concerning summer recreational oppor-
tunities and services to the youth of Monroe County. Motion
carried unanimously.
RESOLUTION NO. 330A-l989
See Res. Book No. 79 which is incorporated herein by
reference.
Commissioner Harvey discussed the recent death of
The Honorable Claude Pepper and the desire to name a
Monroe County building in his memory. Motion was made by
Commissioner Harvey and seconded by Commissioner Lytton to
direct the County Attorney to prepare a Resolution naming
one of the Senior Citizens Buildings in Monroe County in
honor of Claude Pepper. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to reconsider the Board's previous
action concerning the Interloca1 Agreement with the
District School Board regarding summer recreational oppor-
tunities. Motion carried unanimously. Motion was made by
Commissioner Jones and seconded by Commissioner Lytton to
approve the foregoing adoption of Resolution No. 330A-1989
with the amendment of the payment clause to eliminate the
pre-payment requirement therein. Motion carried unani-
mously.
Commissioner Harvey discussed the request from the
Code Enforcement Board for a Grand Jury investigation of
Code Enforcement practices and procedures. Motion was made
by Commissioner Harvey and seconded by Commissioner Lytton
to approve the request of the Code Enforcement Board for a
Grand Jury investigation regarding the Code Enforcement
Department's policies and personnel as set out in their
memorandum of May 31, 1989. Roll call vote was taken with
the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
No
No
No
Motion failed.
Commissioner Stormont advised the Board of the
resignation of Joe Miklas from the Jail Advisory Committee.
Motion was then made by Commissioner Stormont andd seconded
by Commissioner Lytton to appoint Attorney Nicholas Mulick
to the Jail Advisory Committee to replace Joe Miklas.
Motion carried unanimously.
Commissioner Stormont discussed a letter dated May
31, 1989 from The Solid Waste Group concerning the activi-
ties of the Solid Waste Task Force. Motion was made by
Commissioner Stormont and seconded by Commissioner Lytton to
refer this matter to the County Administrator to investigate
the creation of a "planning group". Motion carried unani-
mously.
Motion was made by Commissioner Harvey and seconded
by Mayor Puto to approve a Proclamation declaring the week
of June 12 - l6, 1989 as LITTLE LEAGUE BASEBALL WEEK.
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Motion carried unanimously.
Louis LaTorre, Social Services Director, discussed
the Special Summer Lunch Program for Children with the City
of Key West. Motion was made by Commissioner Jones and
seconded by Commissioner Harvey to adopt the following
Resolution authorizing execution of an Interloca1 Agreement
between the City of Key West and the Monroe County Nutrition
Program concerning the Special Summer Lunch Program. Motion
carried unanimously.
RESOLUTION NO. 331-1989
See Res. Book No. 79 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to approve an Addendum to the Lease
Agreement between the Marathon Chamber of Commerce and the
Marathon Yacht Club concerning real property leased to the
Marathon Yacht Club. During discussion, motion was made by
Commissioner Stormont and seconded by Commissioner Jones to
amend to provide for a five-year term for the Addendum.
Roll call vote on this motion to amend was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
No
Yes
No
Motion failed. Motion was made by Commissioner Lytton and
seconded by Commissioner Harvey to amend to provide for a
ten-year term for the Addendum. Roll call vote on this
motion to amend was unanimous. Motion was made by
Commissioner Stormont and seconded by Commissioner Lytton to
continue this matter, pending modification of other leases
in conjunction with this lease to be presented at the next
meeting. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Commissioner Jones discussed the 120-day rule on
Building Permits. Don Craig, Assistant County Administrator/
Growth Management, and Bill Smith of the Florida Keys
Contractors Association also addressed the Board. This item
was referred to Staff to work with representatives of all
the Contractors Associations in the County and report back
at the next meeting.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to postpone consideration of
a Resolution concerning transfer of funds regarding the
Capital Projects Fund. Motion carried unanimously.
Motion was made by Commissioner
seconded by Commissioner Lytton to adopt
Resolution concerning transfer of funds.
unanimously.
Stormont and
the following
Motion carried
RESOLUTION NO. 332-1989
See. Res. Book No. 79 which is incorporated herein by
reference.
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Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to adopt the following Resolutions
concerning the transfer of Tourist Development Council
funds, subject to the Clerk's review of applicability to the
Third Penny Plan approvals. Motion carried unanimously.
RESOLUTION NO. 333-1989
RESOLUTION NO. 334-1989
RESOLUTION NO. 335-1989
RESOLUTION NO. 336-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Mickey Feiner, Vice Chairman of the Tourist
Development Council, addressed the Board concerning the
Agreement with Stuart Newman Associates, Inc. Motion was
made by Commissioner Jones and seconded by Commissioner
Lytton to adopt a Resolution exercising its option to renew
the Agreement with Stuart Newman Associates, Inc. During
discussion, this item was withdrawn.
The Board then proceeded to consideration of Agenda
Item C-10 regarding an Addendum to the Agreement with Stuart
Newman Associates, Inc. Motion was made by Commissioner
Lytton and seconded by Commissioner Jones to adopt the
following Resolution authorizing the Mayor/Chairman of the
Board to execute an Addendum to the Agreement with Stuart
Newman Associates, Inc.
RESOLUTION NO. 337-1989
See Res. Book No. 79 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
Motion carried.
Motion was then made by Commissioner Jones and
seconded by Commissioner Lytton to adopt the following
Resolution exercising the County's option to renew the
Agreement between Monroe County and Stuart Newman
Associates, Inc. in accordance with Item No. l2 of the
Agreement between the parties dated August 8, 1986, as
amended.
RESOLUTION NO. 338-1989
See Res. Book No. 79 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
Motion carried.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to adopt the following Resolution
PP 076
exerc1s1ng the County's option to renew the Agreement bet-
ween Monroe County and Tinsley Advertising, Inc. in accor-
dance with Item No. 11 of the Agreement between the parties
dated August 8, 1986.
RESOLUTION NO. 339-1989
See Res. Book No. 79 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
Motion carried.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton directing the County
Attorney and the County Administrator to prepare protective
"boiler plate" language to be used in all future contracts
for services which, at a minimum, accept the requirements of
F.S. 287.058 and 287.058. Roll call vote was unanimous.
AWARD OF BIDS
The Board proceeded to hear the following presen-
tations regarding the Bid for Wage and Classification
Analysis and Operational Efficiency Analysis: Nick
Pellegrini of Cody & Associates, Inc.; David P. Kelly of
David P. Kelly & Company; and Roy J. Fingerson and Larry E.
Byrne of Hay Management Consultants. The Board then pro-
ceeded to ballot with the following results:
Harvey
Jones
Lyt ton
Stormont
Puto
Total
Kelly
2
1
3
1
1
1
1
6
Cody
Hay
2
2
2
2
9
15
3
3
3
3
The Clerk advised the Board of the results of the ballot.
Motion was made by Commissioner Jones and seconded by Mayor
Puto to authorize Staff to negotiate a contract with the
firm of Cody & Associates, Inc., the successful bidder.
Roll call vote was unanimous.
The Regular Meeting of the Board of County
Commissioners recessed.
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DISTRICT 11
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
---
BOARD OF GOVERNORS
The Board of Governors of District Il Lower and
Middle Keys Fire and Ambulance District convened. Present
and answering to roll call were Commissioner Mickey Feiner,
Commissioner Hal Halenza, Commissioner Eugene Lytton,
Commissioner John Stormont, and Chairman Michael Puto.
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Reggie Paros~ Assistant County A4ministrator/
Division of Public Safety, and William Wagner, III discussed
a letter from the Monro~ Coun~y Chiefs' Association con-
cerning the purchase of pumpers. Motion was made by
Commissioner Feiner and seconded by Chairman Puto to indi-
cate a commitment on the part of the Board of Governors that
it would go out for bids for the necessary equipment
concurrent with the budget approval process and that if the
budget is adopted providing for the necessary funding, then
the District would proceed with the acquisition of the
equipment. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Ha1enza that District #1, together
with the other Districts, would adopt the philosophy of
setting aside funds on an annual basis against a future
equipment replacement schedule. Motion carried unanimously.
There being no further business, the meeting of the
Board of Governors of the Lower and Middle Keys Fire and
Ambulance District adjourned.
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The Regular Meeting of the Board of County
Commissioners reconvened with all members present.
AWARD OF BIDS
The Board proceeded to hear presentations regarding
the Bid for Airport Consultants from representatives of the
following firms: Briley, wild & Assoc. of Orlando; Greiner,
Inc. of Orlando; HNTB of Miami; The LPA Group of Tampa; and
Post, Buckley, Schuh & Jernigan, Inc. The Board then pro-
ceeded to ballot with the following results:
Harvey
Jones
Lytton
Stormont
Puto
Tbta1
Briley
2
5
4
4
4
1
3
l8
Greiner
5
2
4
16
15
l7
HNTB
3
3
2
5
2
2
PBS&J
4
1
3
3
5
1
9
LPA Group
1
1
5
The Clerk advised the Board of the results of the ballot.
Motion was made by Commissioner Harvey and seconded by
Commissioner Jones to authorize Staff to negotiate a
contract with the firm of Post, Buckley, Schuh & Jernigan,
Inc., the successful bidder. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing (continued from May 23, 1989) was
held on a proposed Ordinance amending Ordinance No. 006-1989
(codified as Section 2.1-2, Monroe County Code) in order to
require that alcoholic beverage vendors with premises
licensed by the State of Florida to sell liquor for consump-
tion 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 service area of 2,500 square feet
or more and the capability of serving full-course meals to
PP 078
150 persons at tables at one time or those vendors holding a
specialty restaurant alcoholic beverage license issued prior
to January 1, 1958; providing 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. pro-
vided the bar or bars are separated from the food service
area and are inaccessible to food service customers until
the hour when alcoholic 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 effec-
tive date. After discussion by the Board, motion was made
by Commissioner Stormont and seconded by Commissioner Lytton
to adopt the Ordinance. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
Yes
No
No
Motion failed.
'A Public Hearing was then held on a proposed
Ordinance creating Chapter 6.6, Monroe County Code, to aid
in the prevention of robberies at convenience stores; pro-
viding for the definitions of convenience store, owner,
operator and employee thereof; providing for the regulation
of the location of window signs in such stores, the location
of sales areas, notice of the amount of accessible cash on
the premises; providing that the parking lots of such stores
be well lighted; providing that such regulations and require-
ments shall apply to existing convenience stores as well as
those to be constructed in the future; authorizing the
Sheriff of Monroe County to offer a voluntary course in rob-
bery prevention or certify a third-party program as ade-
quate; providing for the enforcement of this Ordinance and
penalties for the violation thereof; providing for severabi-
lity; providing for the repeal of Ordinances in conflict
herewith; providing for the incorporation of this Ordinance
into the Monroe County Code; and providing an effective
date. Motion was made by Commissioner Stormont and seconded
by Mayor Puto to read by title only. Motion carried unani-
mously. The following persons addressed the Board: Norman
Baptista, Jim McCarthy, and Sheriff DeFoor. Motion was made
by Commissioner Stormont and seconded by Commissioner Jones
to adopt the following Ordinance.
ORDINANCE NO. 014-1989
See Ord. Book No. 20 which is incorporated herein by
reference.
A Public Hearing was held concerning approval of
the Final Plat for Saddlebunch Recreational Vehicle Park.
Lloyd Good addressed the Board. Donald Craig, Assistant
County Administrator/Growth Management, addressed the Board.
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to adopt the following Resolution
approving the Final Plat for Saddlebunch Recreational
Vehicle Park, subject to the Clerk's approval as to proper
form. Roll call vote was unanimous.
RESOLUTION NO. 340-1989
See Res. Book No. 79 which is incorporated herein by
reference.
PP 079
COUNTY ATTORNEY
Randy Ludacer, County Attorney, discussed Tropical
Sailboats, Inc., et a1 v. Monroe County. Motion was made by
Commissioner Jones and seconded by Commissioner Lytton to
approve a two-year extension with the acknowledgment that
the pier, gun mounts and bike path repair and replacement
job is a continuing project and that the lessee shall not
complain further concerning the project. During discussion,
the motion was withdrawn. Motion was then made by
Commissioner Jones and seconded by Commissioner Harvey to
adopt the following Resolution authorizing the County
Attorney to enter into a Stipulation of Settlement and
Dismissal regarding the civil action captioned as Tropical
Sailboats, Inc., et a1 v. Monroe County, Case No.
89-66-CA-18, with the condition that lessees agree not to
sue for any conditions arising out of improvements during
the term of the Lease. Roll call vote was unanimous.
RESOLUTION NO. 341-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded
by Commissioner Stormont declaring an emergency exists
regarding the Tourist Development Council and the proposed
amendment of Section 2 of Ordinance No. 017-1988 to remove
the requirement of the recommendation of the District
Advisory Boards. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
No
No
Yes
Motion failed. Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton directing Staff not to
advertise an Ordinance for amendments to the Ordinance con-
cerning the Tourist Development Council Advisory Committees.
During discussion, the motion was withdrawn. Pam Koss,
Executive Director of the Key West Chamber of Commerce,
addressed the Board. Motion was then made by Commissioner
Jones and seconded by Commissioner Stormont directing Staff
to research the cost of providing insurance liability for
Tourist Development Council Advisory Committee members to be
paid out of Tourist Development Council funds and to report
back to the Board. During discussion, motion was made by
Commissioner Stormont and seconded by Commissioner Harvey to
amend the foregoing motion to provide that if that is not
feasible, that the Staff work with the Tourist Development
Council to develop protective wording concerning the use of
Tourist Development Council funding within the context of
the Ordinance. Roll call vote on the motion to amend was
unanimous. Roll call vote on the motion as amended was una-
nimous.
BOARD OF APPEALS
The Board proceeded to hear an appeal by C1eare
Filer to reverse the Planning Commission's decision to issue
Resolution #4-89 and Development Order #05-89 for a Major
Conditional Use Permit for the project known as outward
Bound. Randy Ludacer, County Attorney, and Don Craig,
Assistant County Administrator/Growth Management, discussed
the procedure on the appeal. Motion was made by
PP 080
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Commissioner Stormont and seconded by Commissioner Lytton
that C1eare Filer would be the first to be heard, with the
second appeal to be judged on the results of the outcome of
the first appeal. Roll call vote was unanimous. Mr. Filer
addressed the Board concerning his appeal. Jim Hendrick,
attorney representing Outward Bound, addressed the Board.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to reverse the decision of the
Planning Commission and adopt the following Resolution.
RESOLUTION NO. 342-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Robert Flight, owner of the property, addressed the Board
and discussed his investment in the property. 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.
DIVISION OF GROWTH MANAGEMENT
Building Department
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to approve waiver of the Building Fees
in the amount of $6,800.00 for the Guidance Clinic of the
Middle keys, Inc. Roll call vote was unanimous.
SOUNDING BOARD
J. L. Giovannucci addressed the Board concerning
property currently being leased by the County from the City
of Key West and their request for an area to build a
clubhouse for the Sons of Italy. Motion was made by
Commissioner Harvey and seconded by Commissioner Lytton to
postpone this matter to the next meeting. Motion carried
unanimously.
Suzanne Frank of the Florida Keys Council for the
Handicapped addressed the Board concerning the Board's deci-
sion not to participate in an LPO for this area. No action
was taken.
Mr. Rekoendt discussed the Board's previous action
concerning funding for the KEY WEST REVIEW. Motion was made
by Commissioner Lytton and seconded by Commissioner Jones to
rescind the Board's previous action concerning proposed
funding for the KEY WEST REVIEW. 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.
PP 081
DIVISION OF COMMUNITY SERVICES
Airport Services
Pat Rebul1 of BR&R Associates discussed and made a
Final Presentation concerning the Key West Airport Master
Plan. Motion was made by Commissioner Jones and seconded by
Commissioner Lytton to adopt the Master Plan of the Key West
International Airport in concept. During discussion, this
item was withdrawn and Staff was directed to present the
necessary documentation at the next meeting.
MUNICIPAL SERVICE DISTRICT (WASTE)
Charles Aguero, MSD Manager, discussed the house-
hold hazardous waste program. He indicated that the last
program days produced some 28,000 pounds of household hazar-
dous waste at a cost to dispose of approximately $70,000.00.
Mr. Aguero discussed a proposed contract with AI's
Wrecker Service for the removal of wrecked vehicles. Motion
was made by Commissioner Harvey and seconded by Commissioner
Lytton to postpone this matter to the next meeting. Motion
carried unanimously.
Motion was made by Commissioner Harvey and
seconded by Commissioner Lytton to approve the purchase of
one new ~-Ton Pickup Truck from the low bidder, Bob Chango,
Inc., in the amount of $10,869.00. Motion carried unani-
mously with Commissioner Stormont not present.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to adopt the following Resolution
authorizing execution of a Contract with GeoTech Industries,
Inc., a division of Consolidated Minerals, Inc., for Tire
Shredding Services. Motion carried unanimously with
Commissioner Stormont absent from the meeting.
RESOLUTION NO. 343-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to approve an after-the-fact steam
cleaner trade-in on December 2, 1988 in the amount of
$2,000.00 for a new steam cleaner, Aladdin SiN 20562,
Inventory #0972-29, at a net ccost of $1,995.00. Motion
carried unanimously with Commissioner Stormont not present.
Motion was made by Commissioner Harvey and seconded
by Commissioner Jones to adopt the following Resolution
authorizing execution of a Lease Purchase Agreement with
Kelly Tractor Company for a new Caterpillar Tractor Model
D6H. Motion carried unanimously with Commissioner Stormont
absent from the meeting.
RESOLUTION NO. 344-1989
See Res. Book No. 79 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to adopt the following Resolution
amending the Fee Schedule for the Planning Department and
the Environmental Resources Department to more effectively
implement the requirements of Florida Statutes 380 which
PP 082
relates to the proper permitting of development with the
Florida Keys Area of Critical State Concern, and that such
fees are required to adequately offset the true cost of pro-
viding such services to the public. Motion carried unani-
mously.
RESOLUTION NO. 345-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to continue to June 7th a discussion
of the proposed DCA Rule concerning Destination Resorts.
Motion carried unanimously. Maria Abada1 of DCA addressed
the Board.
Motion was made by Commissioner Lytton and seconded
by Mayor Puto to approve a revised version of the
Concurrency Management Agreement and to adopt the following
Resolution authorizing execution of an Agreement with the
Florida Department of Community Affairs to effectuate the
requirements of Florida Statutes 380 and to assist the
County to implement the Comprehensive Plan and Land
Development Regulations. Motion carried unanimously.
RESOLUTION NO. 346-l989
See Res. Book No. 79 which is incorporated herein by
reference.
Building Department
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to approve Staff's recommendation to
increase the value of "No Permit Required" work from $100.00
to $500.00. Roll call vote was unanimous.
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont declaring an emergency exists
regarding Floodplain Management and waiving notice by a
four-fifths vote and waiving the requirements of advertising
under the provisions of Florida Statutes 125.66; and thereby
amending the original Ordinance No. Ol4-1988; and modifying
the various sections of the Monroe County Code listed below:
Section 9.5-316(b), which provides for the adoption of
Federal Emergency Management Act (FEMA) Maps; Section
9.5-316(c), which provides rules for interpreting flood
hazard issues; Section 9.5-4(S-18), which provides a defini-
tion of "Substantial Improvement"; Section 9.5-317(b)(1)b,
which provides additional standards for electrical and
mechanical equipment in residential construction; deleting
Section 9.5-317(b)(1)d(viii), which deals with enclosing
areas below base flood elevation; and changing Section
9.5-3l7(b)(2), which provides for methods and designs of
floodproofing; and an addition, for consistency, of the
modification made to Section 9.5-316(c) above; providing for
severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code; and providing an effective date. Motion
carried unanimously. Motion was made by Commissioner
Stormont and seconded by Mayor Puto to read by title only.
Motion carried unanimously. There was no public input.
Motion was made by Commissioner Lytton and seconded by
Commissioner Jones to adopt the following Ordinance.
ORDINANCE NO. 015-l989
See Ord. Book No. 20 which is incorporated herein by
reference.
PP 083
DIVISION OF MANAGEMENT SERVICES
George Harper discussed arrangements by his Staff
to place vending machines in the Public Service Building.
DIVISION OF PUBLIC SAFETY
Reggie paros, Assistant County Administrator,
discussed the resolution of the contract problem with
Contel.
DIVISION OF PUBLIC WORKS
Dent Pierce, Assistant County Administrator,
advised the Board that the asbestos testing at Truman School
had been done and that based on the results thereof, the
Structural Analysis of the building could be continued and
would take place on June 12th.
Mr. Pierce discussed the FOOT Tentative Five-Year
Transportation Plan and requested that the members of the
Board provide him with their comments concerning the Plan.
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
discussed the FOOT Five-Year Plan and the Corridor Study.
Motion was made by Mayor Puto and seconded by Commissioner
Lytton to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 347-1989
See Res. Book No. 79 which is incorporated herein by
reference.
Mr. Harris discussed the presentation of the Key
West International Airport Master Plan that had occurred
earlier in the day and apologized for the lack of complete
information.
Mr. Harris discussed the location of E. J. "Mickey"
McCullough as PBS&J's representative in the Key West area.
Engineering
Dent Pierce recommended denial of a request for a
street light on North Mars Lane in Tamarac Park. Philip
Denby addressed the Board. Motion was made by Commissioner
Lytton and seconded by Mayor Puto to postpone this item to
the next meeting for receipt of further information con-
cerning other lights in the area. Motion carried unani-
mously.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, advised the Board
that there were six applicants for the Architectural and
Engineering Services for the Records Storage Facility.
Motion was made by Commissioner Harvey and seconded by
Commissioner Jones to appoint a committee consisting of the
Clerk, the Public Works Director, the County Engineer, and
the County Administrator, along with the possible inclusion
of an architect who would provide voluntary services, to
review the applicants and to make a recommendation of the
top three to make presentations to the Board of County
Commissioners for selection. Motion carried unanimously.
PP 084
Mr. Brown discussed a Solid Waste Forum to be held
in Orlando on July 17 - July 19, 1989. Motion was made by
Commissioner Lytton and seconded by Commissioner Harvey to
approve travel for all County Commissioners to the Solid
Waste Forum in Orlando from July l7th through July 19th.
Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to reschedule the BCC meeting of
July 18th to July 20th at 1:00 p.m. for Public Hearings and
Time Certains and the balance of the Agenda to be heard on
July 2lst beginning at 9:00 a.m., both meetings to be held
at the Key Colony Beach City Hall. Motion carried unani-
mously.
The County Administrator advised the Board that he
would be on personal leave from June 19th through June 23rd
and that during that time, Assistant County Administrator
Peter Horton would be Acting County Administrator.
There being no further business, the meeting was
adjourned.
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