07/21/1989 Regular
PP 150
Regular Meeting
Board of County Commissioners
Friday, July 21, 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 Douglas Jones, Commissioner
Eugene Lytton, and Mayor Michael Puto. Commissioner
Wilhelmina Harvey arrived later in the meeting. Absent from
the meeting was Commissioner John Stormont. Also present
were Rosalie L. Connolly, Deputy Clerk; Randy Ludacer,
County Attorney; Tom Brown, County Administrator; County
Staff; members of the Press and Radio; and the general
public.
All stood for the Pledge of Allegiance and
Invocation.
The Board proceeded to make additions, deletions
and changes to the Agenda.
PUBLIC HEARINGS
A Public Hearing was held concerning approval of
the plat of a subdivision to be known as Coral Coast
Subdivision located on Key Largo. Proof of publication was
entered into the record. Donald Craig, Assistant County
Administrator/Growth Management Division, and Jim Mattson,
attorney for the applicant, addressed the Board. Motion was
made by Commissioner Lytton and seconded by Commissioner
Jones to adopt the following Resolution approving a plat of
a subdivision to be known as Coral Coast Subdivision located
on a part of Government Lot 6, Section 6, Township 62S,
Range 39E, and part of Government Lot 2, Section 7, Township
62S, Range 39E, being more particularly described by metes
and bounds, Key Largo, Monroe County, Florida, and directing
the Clerk to accept such plat for recording in the Public
Records of Monroe County, Florida. Motion carried unani-
mously with Commissioner Harvey absent from the meeting.
RESOLUTION NO. 410-1989
See Res. Book No. 81 which is incorporated herein by
reference.
BULK APPROVALS
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to approve the following items by una-
nimous consent:
Board approved payment of Tourist Development Council expen-
ditures in the amount of $132,697.94 (Input Range 6/19/89 to
7/5/89), subject to final invoice approval by the Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $72,743.44 (Input Date 7/5/89),
subject to final invoice approval by the Finance Department.
Board authorized removal of the following surplus item from
the inventory of the Safety Department:
pp 1 5 1
13300-22
Xerox Model 1012 Copier
Board authorized removal of the following items from the
inventory of the Social Services Department:
1801-17 Hotpoint Air Conditioner
522l-2A Everest & Jennings Wheelchair
0974-22 Steam Cleaner
Board authorized removal of the following items from the
inventory of the Library Department:
2600-3 Typing Stand 2600-385 Book
2600 -10 Typi ng Stand 2600-387 Book
2600 -11 Typing Stand 2600 -396 Fire ExtinguishE r
2600 -16 Fire Extinguisher 2600-398 Table
2600-22 Chair 2600-400 Book
2600-24 Book Truck 2600-413 Book
2600-29 Desk 2600-418 Book
2600-45 Chair 2600-420 Book
2600-50 Chair 2600-427 Cabinet
2600-56 Chair 2600 -428 Chair
2600-61 Chair 2600-443 Book Truck
2600 -70 Chair 2600-444 Book Truck
2600-7lA Chair 2600-446 Cabinet
2600-72A Chair 2600-448 Book Truck
2600 -78 Book Truck 2600 -449 Book Truck
2600-80 Book Truck 2600-450 Typing Stand
2600-81 Book Truck 2600-452 Refrigerator
2600-84 Rack 2600-463 Headphones
2600-98 Table 2600-479 Chair
2600-100 Table 2600-480 Book Truck
2600-114 Cabinet 2600-481 Book Truck
2600-115 Cabinet 2600-482 Book Truck
2600-137 Chair 2600 -483 Book Truck
2600-138 Table 2600-488 Book
2600-141 Globe 2600-489 Book
2600-188 2600 -493 Book
thru 223 Chairs 2600-507 Typewriter
2600-225 Table 2600 -510 Book
2600-226 Table 2600-529 Stapler
2600-227 2600-566 Book
thru 262 Chairs 2600-567 Book
2600-267 Table 2600-568 Book
2600-269 Table 2600-569 Book
2600-270 Table 2600-570 Book
2600-271 2600-579 Table
thru 274 Chairs 2600-82A Rack
2600-275 2600-97A Chair
thru 278 Chairs 2600-99A Table
2600-279 Chair 2600-l40A Chair
2600-280 Table 2600-60 Rack
2600-281 2600-305 Projector
thru 284 Chairs 2600-395 Typerwriter
2600 -285 2600-475 Typewriter
thru 288 Chairs 2600-474 Reader
2600-290 Chair 2600-476 Typewri ter
2600-302 Desk 2600-495 Typewriter
2600-321 Chair 2600-338 Vehicle
2600-325 Table 2600-475 Typewriter
2600 -326 Table 2600-553 Typewriter
2600-333 Tape Recorder
2600-334 Table
2600-335 Book Truck
2600 -336 Chair
2600-346 Table
2600-362 File
2600-384 Book
PP 152
Board continued to next Regular Meeting a request for appro-
val to advertise for bids for the sale of Monroe County
Older Americans Transportation Program's surplus property.
Board authorized removal of the following items from the
inventory of the Property Appraiser:
0400-571
0400-572
224-240
224-173
2211-016
Mailing Machine
Mailing Scale
4-Drawer Cabinet
4-Drawer Cabinet
4-Drawer Cabinet
Board authorized removal of the following items from the
inventory of the Tax Collector:
2212-375
Friedrich Air Conditioner
Board authorized removal of the following items from the
inventory of the Monroe County Public Health Unit:
2000-453
2000-467
2000-239
Microwave oven
Air Conditioner
Secretarial Desk
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 411-1989
RESOLUTION NO. 412-1989
RESOLUTION NO. 413-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning transfer
of funds.
RESOLUTION NO. 414-1989
RESOLUTION NO. 415-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution transferring TOurist
Development Council funds.
RESOLUTION NO. 416-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board authorized the Public Works Division to accept dona-
tions for Harry Harris Park and to establish a separate
revenue account for same.
Board adopted the following Resolution authorizing execution
of an Agreement between Bayshore Manor a/k/a Monroe County
and Jerry Shriver concerning residency at Bayshore Manor.
RESOLUTION NO. 417-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of an Agreement between Bayshore Manor a/k/a Monroe County
and Elena B. McCoy, Resident, and Charles "Sonny" McCoy,
Responsible Party, concerning residency at Bayshore Manor.
\
pp 153
RESOLUTION NO. 418-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
to acknowledge and accept the assignment of Contract KG-85l
transferring all rights and responsibilities of the State of
Florida, Department of Health and Rehabilitative Services,
to Alliance for Aging, Inc.
RESOLUTION NO. 419-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Contract between Municipal Taxing District No. 5 and
Physio Control Corporation in the amount of $1,416.00 con-
cerning maintenance of biomedical equipment.
RESOLUTION NO. 420-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Contract between Municipal Taxing District No. 6 and
Physio Control Corporation in the amount of $4,380.00 con-
cerning maintenance of biomedical equipment.
RESOLUTION NO. 421-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Contract between Municipal Taxing District No. 6 and
Physio Control Corporation in the amount of $192.00 con-
cerning maintenance of an additional piece of biomedical
equipment.
RESOLUTION NO. 422-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board authorized payment of refund in the amount of $50.00
to Gloria Andrews inasmuch as it has been determined that a
flood variance will not be required.
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 423-1989
RESOLUTION NO. 424-1989
RESOLUTION NO. 425-1989
RESOLUTION NO. 426-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 359-1989 concerning receipt of unanticipated funds.
RESOLUTION NO. 427-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 360-1989 concerning receipt of unanticipated funds.
PP 154
RESOLUTION NO. 428-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 392-1989 concerning receipt of unanticipated funds.
RESOLUTION NO. 429-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 393-1989 concerning receipt of unanticipated funds.
RESOLUTION NO. 430-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board authorized the Sheriff's Department to appropriate
$2,046.00 from the Law Enforcement Trust Fund, said sum to
be used for communication equipment for base stations.
COUNTY ATTORNEY
Board adopted the following Resolution providing for the
employment of David P. Kirwan, P.A., attorney at law, to
represent the Monroe County Code Enforcement Board in liti-
gation of the case of Thomas Clinton v. Monroe County,
Florida and the Monroe County Code Enforcement Board.
RESOLUTION NO. 431-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution accepting a deed to
real property so as to provide legal access to Tbrch Key
Estates, a subdivision as recorded in Plat Book 4, Page 30.
RESOLUTION NO. 432-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing exectuion
of a Sublease Agreement between Monroe County and the Key
Largo Volunteer Fire and Rescue Department, Inc. in order to
enable the Fire Department to continue to maintain and use
the improvements located on the property in Key Largo as a
fire and rescue station.
RESOLUTION NO. 433-1989
See Res. Book No. 81 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Extension Services
Board granted approval to advertise for bids for the
Replacement or Repair of Daybeacons in various waterway
~outes in the Florida Keys.
DIVISION OF GROWTH MANAGEMENT
Planning Department
30ard approved the assignment to a Hearing Officer of an
pplication For Relief For Beneficial Use submitted by Jay
jlynn.
pp 55
Board adopted the following Resolution correcting and
amending Resolution No. 296-1989 which ratified and adopted
the 1989 Annual Assessment of Public Facilities Capacity
Report prepared by the Director of Planning pursuant to
Section 9.5-291, et seg., Monroe County Land Development
Regulations.
RESOLUTION NO. 434-1989
See Res. Book No. 81 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Board adopted the following Resolution authorizing execution
of an Agreement by and between Monroe County and Cody &
Associates, Inc. regarding a Wage and Classification and
Efficiency Study.
RESOLUTION NO. 435-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of the renewal of an Employment Agreement by and between
Monroe County and Robert Nelms, M.D. for his services as
Medical Examiner.
RESOLUTION NO. 436-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Grants Management
Board adopted the following Resolution accepting a Grant
from the Florida Department of Natural Resources under the
Florida Recreation Development Assistance Program for the
development of an outdoor recreation area on Big Pine Key
and authorizing the execution of a contract in furtherance
thereof.
RESOLUTION NO. 437-1989
See Res. Book No. 81 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 328-1989 and authorizing execution of an Employment
Agreement between Elaine Gorman and the Board of County
Commissioners sitting as the governing body of the Upper
Keys Health Care Taxing District.
RESOLUTION NO. 438-1989
See Res. Book No. 81 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Board adopted the following Resolution authorizing execution
of an Employment Agreement between the Board of County
Commissioners and Louise C. Weatherby concerning her
employment in the position of Ambulance Billing Coordinator.
RESOLUTION NO. 439-1989
See Res. Book No. 81 which is incorporated herein by
reference.
PP 156
DIVISION OF PUBLIC WORKS
Facilities Maintenance
Board adopted the following Resolution authorizing execution
of a Contract by and between Agile Courts Construction
Company and Monroe County concerning the resurfacing of the
Higgs Beach tennis courts.
RESOLUTION NO. 440-1989
See Res. Book No. 81 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved and authorized payment of the following
invoices:
1. Floyd Pearson Richman Greer Weil Zack &
Brumbaugh, in the amount of $428.75, for
professional services re New Port Largo.
2. Rosenman & Colin, in the amount of $4,269.29,
for professional services re Monroe County
Translator System.
3. Curry & Sons Printing, in the amount of
$245.00, for Proclamations (from Promotional
Account).
4. Hansen Lind Meyer Inc., in the amount of
$18,700.00, for professional services re
Correctional System Master Plan.
5. Hansen Lind Meyer Inc., in the amount of
$519.18, for expense allowance re Monroe
County Correctional System Master Plan.
6. Martin-Vegue Funeral Home, in the amount of
$550.00, for professional services re Pauper
Burial.
7. Martin-Vegue Funeral Home, in the amount of
$550.00, for professional services re Pauper
Burial.
8. Lopez Funeral Home, in the amount of $2,010.00,
for professional services re four (4) Pauper
Burials.
9. Lopez Funeral Home, in the amount of $485.00,
for professional services re Pauper Burial.
10. Taylor, Brion, Buker & Greene, in the amount
of $816.32, for professional services re TOm
Pennekamp, et al v. Proby, Wolfe, Craig.
11. Victor N. DeCario & Associates, Inc., in the
amount of $2,330.23, for professional services
re Monroe County Geographic Information System.
12. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $10,898.12, for Road invoice for
April, 1989.
13. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $4,107.94, for General Capital
pp 157
Projects Services for March, 1989.
14. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $3,496.52, for Card Sound Road and
Toll District for May, 1989.
15. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,385.29, for General Capital
Projects Services for May, 1989.
16. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $223.45, for Pay Request #4 re
Plantation Key Atrium.
17. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $4,651.43, for Pay Request t27 re
Higgs Beach Pier.
18. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,877.08, for Pay Request #23 re
Higgs Beach Gun Mounts.
19. Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A., in the amount of
$14,782.50, for professional services through
6/20/89.
20. Public Financial Management, Inc., in the
amount of $3,002.47, for financial advisory
services for consulting on retainer for period
ending 5/15/89.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellman, Ph.D., in the amount of $400.00~ Guillermo D.
Marcovici, M.D., in the amount of $1,100.00~ Mental Health
Care Center of the Lower Keys, in the amount of $300.00.
COURT-APPOINTED ATTORNEYS, Janine Gedmin, in the
amount of $353.40~ Franklin D. Greenman, in the amount of
$563.75~ Eric McCarthy, in the amount of $509.50~ Jeffrey B.
Meyer, in the amount of $838.75.
OTHER EXPENSES, Louis J. Spallone, Clerk, in the
amount of $400.00~ State of Florida, in the amount of
$2,187.43~ John Van Ormer, in the amount of $696.92.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $7l3.25~ Kathleen A. Fegers, in
the amount of $634.50~ Florida Keys Reporting, in the amount
of $75.00~ Nichols & Hardy Court Reporters, in the amount of
$85.00.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $90.00~ Serafin Calero, in the amount of $5.00~
Juli Chandler, in the amount of $90.00~ Jorge E. Galvan, in
the amount of $165.00~ Alexandra Ramos, in the amount of
$60.00.
EXPERT WITNESS FEES, Luis R. Pagan, M.D., in the
amount of $2,000.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $754.59~ Regular Witness Fees, in the amount of
$140.00.
PP 158
Board approved the following Warrants:
GENERAL REVENUE FUND, #110265-#111399, in the
amount of $3,320,849.13.
GENERAL REVENUE FUND, Marine Bank, #32, in the
amount of $11,944.00.
SUPPLEMENT TO GENERAL REVENUE FUND, #287, in the
amount of $34,701.41:-
FINE & FORFEITURE FUND, #865-#868, in the amount of
$1,257,296.11.-
AIRPORT OPERATION ~ MAINTENANCE FUND, 1540-'544, in
the amount of $23,857.56.
ROAD & BRIDGE FUND, #564, in the amount of
$112,683.~ - ----
MSD TAX DISTRICT, #1272-#1275, in the amount of
$172,202.11. ---
MSD - MARINE BANK (Marathon), #493-#495, in the
amount of-s74,500.45. ----
MSD - PLEDGED FUNDS, #153-#154, in the amount of
$200,052.00.
LAW LIBRARY FUND, #286, in the amount of $1,223.55.
CAPITAL PROJECTS FUND, #356-#357, in the amount of
$56,182.32. ----
MONROE COUNTY GROUP INSURANCE, #319-#321, in the
amount of $229,720.06.
CARD SOUND BRIDGE FUND, #285, in the amount of
$10,852.5S:-- ----
WORKERS COMPENSATION, #2902-#2919, in the amount of
$27,699.12.
TOURIST DEVELOPMENT COUNCIL, '606-#608, in the
amount of $64,039.97.
TRANSLATOR FUND, #228, in the amount of $6,510.56.
COMMUNITY DEVELOPMENT BLOCK GRANT, '57, in the
amount of $1,993.73.
FAIR SHARE IMPROVEMENT TRUST ACCOUNT, #07, in the
amount of~195.22.
RISK MANAGEMENT FUND, #40-'43, in the amount of
$18,374.5r:-- ----
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, .204; in the amount of $133,177.78.
Board granted approval for advertising the following items
for surplus sale:
0202-10
0202-95
0202-140
0202-141
Microfilm Reader
Microfische Reader
NCR DM-5 Computer
NCR DM-5 Computer
I
pp 159
0202-142
0202-143
0204-3
0205-14
2320-374
232lF-9
0202-7
0202-8
NCR DM-S Computer
NCR DM-5 Computer
IBM Typewriter
NCR 796 Computer
victor Cash Register
victor Cash Register
3M Enlarger Printer
3M Enlarger Printer
Board authorized removal of the following items from inven-
tory:
0201-18
0202-148
0202-178
0203-34
0204-12
0204-14
2320-331
2320-350
2320-356
232lA-26
232lA-60
232lD-74
232lD-75
victor Calculator
Amano Time Clock
Amano Time Clock
Sears A/C
Rapid Print Time Clock
Toshiba Calculator
Rapid Print Time Clock
Hi-Back Exec. Chair
Simplex Time Clock
Steno Chair
Rapid Print Time Clock
Chair
Chair
Board approved the Minutes of the following meetings of the
County Commission: May 23, 1989 and June 27, 1989.
Motion carried unanimously with Commissioner Harvey not pre-
sent.
COMMISSIONERS' ITEMS
Motion was made by Mayor Puto and seconded by
Commissioner Lytton to approve the filing of a Subgrant
Application (Project Title: Sheriff's D.U.I. Task Force)
for Highway Safety Funds with the State of Florida
Department of Community Affairs, Division of Housing and
Community Development, Bureau of Public Safety Management.
Motion carried unanimously with Commissioner Harvey not pre-
sent.
The Board entered into a discussion of a "Historic
Preservation" designation and directed Donald Craig,
Assistant County Administrator/Growth Management Division,
to look into this matter and report back to the Board.
COMMISSIONER HARVEY ARRIVED AT
THE MEETING AND TOOK HER SEAT
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to appint Irene Loeber of Key West to
the Code Enforcement Board. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to grant a donation of $1,000.00 from
the Board's Contingency Fund to the Key West Little League
Baseball Team to attend the Major State Championships from
August 3rd to August 9th, and to direct the County
Administrator to send a letter that this will be the last
time the Board will make such contribution and that the
organization will have to find funding elsewhere. Motion
carried unanimously.
PP 160
The Board entered into a discussion of the Code
Enforcement Department's anonymous complaint policy. Earl
Cheal, a member of the Code Enforcement Board, and Donna
Merritt, spokesperson for Monroe County C.A.R.E.S.,
addressed the Board. Motion was made by Commissioner Lytton
and seconded by Commissioner Jones to allow the Code
Enforcement Department to prioritize complaints received as
related to the health, safety and welfare of the citizens.
Motion carried unanimously.
Mayor Puto advised the Commission that all Tourist
Development Council Advisory Boards were currently meeting
and conducting business.
The Board entered into a discussion of a letter
sent to the Land Authority Advisory Board from the
Department of the Interior expressing their desires con-
cerning a designated solid waste facility. Motion was made
by Commissioner Lytton and seconded by Commissioner Harvey
that the Fish and Wildlife Service of the Department of the
Interior be advised that the Board of County Commissioners
is the entity to be dealt with in this situation and not the
Land Authority Advisory Board, that the County Commission
has been made aware of the Department's letter to the Land
Authority Advisory Board, and that the County Commission
must proceed with their solid waste designated projects.
Motion carried unanimously.
Motion was made by Mayor Puto and seconded by
Commissioner Lytton to appoint Peter Worthington to the Boot
Key Harbor Task Force as a representative of the commercial
fishing industry. Motion carried unanimously.
The Board entered into a discussion concerning the
Translator consultant. No action was taken.
Mayor Puto advised the Board of a request from the
Key Largo Chamber of Commerce asking the Commission to
endorse a pamphlet they will be printing listing Businesses
Against Drugs (BAD). After discussion, motion was made by
Commissioner Jones and seconded by Commissioner Lytton to
endorse the pamphlet, subject to review and approval by the
County Attorney. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to appoint Jack Watson as the Lower
Keys Civil Defense Coordinator. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to direct the County Attorney to
reserarch the law regarding the necessary presence of a
Sheriff's Deputy at Commission meetings and advise if the
Commission may excuse the Sheriff's Department from this
responsibility so that the Deputy can be put out to patrol.
Motion carried unanimously.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, brought the Board
up to date on his research concerning the Baker Act and
advised that the County does not match without qualification
and may match only those items enumerated in the Statute and
should require the mental health units to supply full infor-
mation in this regard.
The Board discussed the Marathon lighting problem.
The County Attorney and County Administrator were directed
I
"1
pp
1 6 1
to find out existing and future DOT projects County-wide
that will result in an illuminating system and the projected
cost to the taxpayers in perpetuity.
Mr. Ludacer advised the Board of a suit recently
filed by Key Largo Associates attacking the entire con-
ditional use permit system and the constitutionaly thereof.
The County Attorney briefly discussed the statutory
mandates of the Tourist Development Council as related to
the Fine Arts Council.
Mr. Ludacer advised the Commission that an appeal
was being filed concerning the Big Pine Road case.
The County Attorney advised that requests had been
received from accident victims asking the County to waive or
cut down the percentage of reimbursement being sought for
payment of doctor and hospital bills under the Upper Keys
program. The Board agreed that the County Attorney should
advise that these are public funds and the Commission is
obligated to assert their lien on the entire amount of
monies expended.
After discussion, motion was made by Commissioner
Jones and seconded by Commissioner Lytton to advise the
other side in the New Port Largo suit that their offer of
$3,500,000.00 to settle is unacceptable to the Commission.
Motion carried unanimously.
Mr. Ludacer discussed a problem with Charles Valois
and the subdivision of Ocean Reef Shores. No official Board
action was taken.
The County Attorney advised of a motion filed by
the attorney for the class of prisoners in the jail suit
moving for sanctions to be imposed on the Board of County
Commissioners because the cap is no longer being imposed.
The Board entered into a discussion concerning the
Boot Key Bridge. Staff was requested to report back to the
Board on the feasibility of acquisition and utilization of
the Boot Key property and also an opinion from the County
Attorney as to the legalities of limited availability of the
Bridge.
MUNICIPAL SERVICE DISTRICT (WASTE)
Charles Aguero, MSD Director, addressed the Board.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to adopt the following Resolution
authorizing execution of a Contract with Al's Wrecker
Service. Motion carried unanimously.
RESOLUTION NO. 441-1989
See Res. Book No. 81 which is incorporated herein by
reference.
After discussion, motion was made by Commissioner
Lytton and seconded by Commissioner Harvey to approve the
request for an additional position in MSD Administration --
an Administrative Aide, ADMIN B at $18,000-$22,000 -- due to
the increased workload created by the Solid Waste Act. Roll
call vote was taken with the following results:
PP 162
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Mayor Puto
Yes
No
Yes
Yes
Motion carried.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to authorize travel for one
Commissioner to attend the conference of the National
Association of Governmental Refuse, Collection and Disposal
in Tulsa, Oklahoma from August 14th-August 17th. Roll call
vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Mayor Puto
Yes
No
Yes
Yes
Motion carried.
COMMISSIONERS' ITEMS
After discussion concerning the Barrier Island
Congressional testimony to be given next month, motion was
made by Commissioner Jones and seconded by Commissioner
Harvey to authorize travel for Commissioner Lytton to go to
Washington, D.C. on August 1st and 2nd. Motion carried una-
nimously.
DIVISION OF COMMUNITY SERVICES
Code Enforcement
Peter Horton, Assistant County Administrator,
addressed the Board. After discussion, motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
authorize the purchase of one new truck for the Upper Keys
Code Enforcement Office in the amount of $8,489.00 from Bob
Chango. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Report
Donald Craig, Assistant County Administrator,
addressed the Board.
Mr. Craig advised the Board that DNR has cancelled
their existing contract with the consultant regarding the
North Key Largo Study and are re-orienting the same.
After discussion, motion was made by Commissioner
Lytton and seconded by Commissioner Jones to direct that the
upcoming workshops on the Big Pine Key Focal Plan be re-
scheduled for late September. Motion carried unanimously.
Mr. Craig advised that he would be presenting, in
Resolution form, at the next meeting a request to DCA to
consider the extension of the Comprehensive Plan deadline to
1991.
Consent Agenda
Major Conditional Use
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to remove the Island Plaza Project
pp 163
from the Consent Agenda and reschedule same to be heard as
an appeal. Motion carried unanimously.
DIVISION OF MANAGEMENT SERVICES
Report
George Harper, Assistant County Administrator,
addresse the Board.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to appoint Howard Post and Bruce
Waite for two-year terms to the South Florida Private
Industry Council. Motion carried unanimously with
Commissioner Harvey not present.
After discussion, motion was made by Commissioner
Jones and seconded by Commissioner Lytton to conceptually
approve a contract for insurance consulting services with
Lawton Swan, III in an amount not to exceed $8,000.00 per
year. Motion carried unanimously.
DIVISION OF PUBLIC SAFETY
Joe London, Fire Marshall, advised the Board that
the Fire Marshall and Civil Defense had set up an emergency
medical center this morning to handle 911 calls when the
telephone line was severed in the Upper Keys.
DIVISION OF PUBLIC WORKS
Report
Dent Pierce, Assistant County Administrator,
addressed the Board.
The Board entered into a discussion concerning the
paving of East Caribbean Drive on Summerland Key. After
discussion, motion was made by Commissioner Lytton and
seconded by Commissioner Harvey to waive all bidding proce-
dures and purchasing policies. Motion carried unanimously.
Motion was then made by Mayor Puto and seconded by
Commissioner Harvey to accept the low proposal from General
Asphalt Co., Inc. to pave East Caribbean Drive on Summerland
Key for the lump sum of $46,000.00. Motion carried unani-
mously.
After discussion, motion was made by Commissioner
Harvey and seconded by Commissioner Lytton to install two
street lights at Hibiscus Park in Key Largo in a high crime
area at the poles designated by the Sheriff's Department.
Motion carried unanimously.
Mr. Pierce informed the Commission that the Higgs
Beach Pier was inspected this week and is open to the
public. Upon recommendation from Mr. Pierce, the Commission
scheduled a dedication ceremony at 11:30 a.m. on August 9th
and directed Staff to see to publicity regarding same.
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board. The County Administrator was directed
to begin compiling pertinent statistics on the hazardous
conditions of U.S. 1.
PP 164
The Board discussed the Cl-ll canal situation.
Staff was directed to request that Monroe County have a seat
on the South Florida Water Management District Council.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, discussed the
recent decision of the Career Service Council in the case of
Ron Stack and the attorney's fees and expenses involved
therein. He advised that John Gronda, County labor attor-
ney, had recommended that the County appeal that part of the
decision relating to the payment of Mr. Stack's attorney's
fees and expenses. Motion was made by Commissioner Lytton
and seconded by Commissioner Jones to appeal if the fee por-
tion is more than three times the expected expenditure.
During discussion, motion was withdrawn. Motion was then
made by Commissioner Jones and seconded by Commissioner
Lytton to accept the recommendation of the County
Administrator to appeal the payment of legal fees in the Ron
Stack case. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Mayor Puto
No
Yes
Yes
Yes
Motion carried. Motion was then made by Commissioner Harvey
and seconded by Commissioner Jones to terminate the
volunteer services of Johnny Mayne on the basis of his
admission that he cheated the County by filing false travel
vouchers. Roll call vote was unanimous.
MUNICIPAL SERVICE DISTRICT (WASTE)
Connie Grabois, Recycling Coordinator, made a pre-
sentation to the Board on the current status of the
Recycling Program.
DIVISION OF GROWTH MANAGEMENT
Donald Craig addressed the Board concerning a pro-
posed Resolution confirming the Planning Director's Land Use
District Map Boundary Interpretation Number 43, Seaward
Motel, Part of Government Lot 4, Key Vaca, Section 1,
Township 66S, Range 32E, recommending approval of the SC
designation. The following persons spoke in opposition to
the recommended approval: John Rowe, Edward Lisoski, Duane
Neubauer, and Leonore Rowe. Franklin Greenman, attorney
representing the owners of the Seaward Motel, also addressed
the Board. After discussion, motion was made by
Commissioner Lytton to adopt the proposed Resolution.
Motion died for lack of a second. Motion was then made by
Commissioner Jones and seconded by Mayor Puto to deny
Staff's recommendation for approval. Roll call vote was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Mayor Puto
Yes
Yes
No
Yes
Motion carried. Don Craig clarified that the applicant is
now operating "SC".
I
pp 165
COUNTY ADMINISTRATOR
The proposed Tentative Budget for Fiscal Year
1989/1990 was presented to the Board.
SOUNDING BOARD
--
John Adams addressed the Board and advised that the
Hotel/Motel Association of the Greater Marathon Area would
not be supporting passage of the Sales Tax Referendum.
MISCELLANEOUS
Richard Witker, Key West City Manager, addressed
the Board concerning the City/County appropriation of the
six cent local option gas tax. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey that
contingent upon agreement with the Department of Revenue
that there is no objection to amending the Ordinance, that
the County enter into an Interlocal Agreement with the City
of Key West for a one-year period for 37% for Key West and
then enter into negotiations. During discussion, motion
was withdrawn. Motion was then made by Commissioner Jones
and seconded by Commissioner Lytton that contingent upon
rescission of the legal action recently filed by the City of
Key West with the State of Florida Administration
Commission, that the County would declare an emergency at
the August 9th meeting to change the current Ordinance, and
to extend the Interlocal Agreements for one year at the
following distribution percentages:
Monroe County
City of Key West
City of Key Colony Beach
City of Layton
62%
35%
2%
1%
James Keller, City Attorney for the City of Key Colony
Beach, addressed the Board. Roll call vote on the motion
was unanimous.
Sandra Higgs, TDC Administrative Director, and John
O'Brien, addressed the Board. Motion was made by
Commissioner Jones and seconded by Commissioner Lytton to
grant permission for disposal of the following items under
County inventory including one missing panasonic Answering
Machine:
3 Apricot Keyboards
3 Apricot Screens
1 Qume Printer
1 Pinwheel Attachment
1 Panasonic Answering Machine
1 panasonic Answering Machine
Motion carried unanimously.
110201-5
JP08667
11020-7
Missing
. M~tion was made by Commissioner Lytton and seconded
by Comm1ss1oner Harvey to grant permission for disposal of
the following non-County inventory equipment:
2 AT&T Answering Machines
5 Call-back Remote Controls For Answering Machines
3 Merlin Headsets And Boxes
1 Data Switcher
1 24-Foot Snorkel
Motion carried unanimously.
PP 166
Motion was made by Commissioner Harvey and seconded
by Commissioner Lytton granting permission for the following
equipment to be maintained in the TDC Administrative Office:
1 Pitney Bowes Meter Base
1 Pitney Bowes Meter
1 Pitney Bowes UPS
1 Pitney Bowes Scale
1 Savin FAX Machine
1 Pelouze Scale
2 Answering Machines
#110201-1
#3034819
#6500/6590
#110201-2
#1102-10
#000167327
#205050 3A8
#107138 2A8
Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to distribute the following answering
machines to the five Chambers of Commerce:
#27852 lA8
#231183 6A7
#279186 lA8
#202684 3A8
#002256
Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to authorize travel for Sandra Higgs
to and from Miami on Wednesday, July 26th, to meet with the
Advertising Council. Motion carried unanimously.
The Board entered into a discussion of the recom-
mendations of the Tourist Development Council regarding
Event Funds under the "Fine Arts" definition. The following
persons addressed the Board: Sandra Higgs and John O'Brien
of the Tourist Development Council~ Susan Olsen, Director of
the Key West Art and Historical Society, and operators of
the Martello and Lighthouse Museums~ George Brashears,
Artist-In-Residence at the Tennessee Williams Fine Arts
Center~ Florence Recher, representing the Key West Players,
the Waterfront Playhouse, the Craft Festival and the Art
Festival~ Gary McDonald, Technical Director of the Red Barn
Theatre~ Joy Hawkins of the Red Barn Theatre~ Jan McArt,
owner of the Cabaret Theatre~ Cullen Chambers, Director of
the Key West Lighthouse Museum~ Mimi McDonald of the Red
Barn Theatre~ Ann Mravic, Herman Stein, Randy Strickland and
Arlene Rieser of the Fine Arts Council~ Monica Haskell,
Director of the Key West Literary Seminar~ Joe Pais, Owner
of Lane Gallery in Key West~ Truman Brackett~ Richard
Fugitt~ Fred Troxel~ Sandra Barrett~ Jackie Wicks. Motion
was made by Commissioner Jones directing the Tourist
Development Council to develop an equitable way for the
funds for the cultural events to go through the Fine Arts
Council. During discussion, motion was withdrawn. Motion
was then made by Commissioner Lytton that the Fine Arts
Council and the clients of the Tourist Development Council
have a "town meeting" type of conference before anything
further is done. During discussion, motion was withdrawn.
Motion was made by Commissioner Lytton and seconded by
Commissioner Jones that the Tourist Development Council, at
a minimum, reserve $75,000.00 out of the Two Penny Net
Events Funds as an allocation to the Fine Arts Council, sub-
ject to all the rules and regulations regarding the Tourist
Development Tax. Roll call vote was unanimous.
There being no further business, the meeting was
adjourned.
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