08/30/1989 Regular
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Special Meeting
Board of County Commissioners
Wednesday, August 30, 1989
Tavernier
A Special Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the Elks Club in Tavernier. Present and answering to
roll call were Commissioner Wilhelmina Harvey, Commissioner
Douglas Jones, Commissioner Eugene Lytton, Commissioner John
Stormont, and Mayor Michael Puto. Also present were Rosalie
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 Invocation and Pledge of
Allegiance.
Commissioner Lytton requested a Point of Personal
Privilege and asked that Agenda Item K-7 regarding a
discussion concerning a special traffic enforcement
patrolman for Big Pine Key and improvements to Key Deer
Boulevard be deferred until the next meeting. The request
was granted.
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 transfer
of funds.
RESOLUTION NO. 488-1989
RESOLUTION NO. 489-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 490-1989
RESOLUTION NO. 491-1989
RESOLUTION NO. 492-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 649-1988 concerning the receipt of unanticipated funds.
RESOLUTION NO. 493-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolution amending Resolution
No. 415-1989 concerning the transfer of funds.
RESOLUTION NO. 494-1989
See Res. Book No. 82 which is incorporated herein by
reference.
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Board adopted the following Resolution amending Resolution
No. 469-1989 concerning the transfer of funds.
RESOLUTION NO. 495-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolutions transferring Tourist
Development Council funds.
RESOLUTION NO. 496-1989
RESOLU~ON NO. 497-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $417,708.74 (Input Date 8/15/89),
subject to final invoice approval by the Finance Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $26,772.46 (Input Date 8/15/89),
subject to certification of previous Board approval of third
cent expenditures and subject to final invoice approval by
the Finance Department.
Board granted approval to the Tourist Development Council to
dispose of the following item from the Consumer/Trade
Inquiry Department, subject to appropriate advertisement for
bid:
1 Smart Modem 1200, Model 07-00038
Serial #A44000153679, County #11201-9
Board adopted the following Resolution authorizing exec-
cution of an Agreement with the State of Florida Department
of Community Affairs concerning ccertain emergency
management-related activities.
RESOLUTION NO. 498-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board granted permission to Marathon Volunteer Fire & Rescue
to use Sombrero Beach on September 2, 1989 from 8:00 a.m. to
8:00 p.m. for the First Annual Florida Keys Pigs Pyros
Party, subject to appropriate insurance requirements.
Board granted permission to the Key Largo Chamber of
Commerce to use Harry Harris Park on November 9th - 12th for
the 8th Annual Island Jubilee, subject to appropriate
insurance requirements.
Board granted approval to accept proposal from Florida
Health Nursing Services, Incc. concerning Nurse Assessment
Service for the CCE and CCDA Programs per Staff recommen-
dation set out in July 31st memorandum and contingent upon
contract approval by the Board of County Commissioners.
Board accepted Staff recommendation to remove the following
item from the inventory of Social Services:
White-Westinghouse Air Conditioner
#1801-18
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Mrs. Brick Green for a 625 square foot garage for storage
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and parking only below the required base flood elevation on
Lots 13 and 14, Block 8, Cudjoe Gardens, 1st Addition,
Cudjoe Key; Zoned IS - Improved Subdivision; Coastal Flood
Zone AE - Panel 1492F.
Board authorized payment of refund in the amount of $75.00
to William and Patricia Oliver inasmuch as a fill permit was
not needed.
Board adopted the following Resolution authorizing execution
of an Agreement with the Alliance for Aging, Inc., a Florida
not for profit organization, concerning Monroe County's
payment of $2,000.00 in order to permit the corporation to
match funds for administrative costs of the corporation.
RESOLUTION NO. 499-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolution concerning the
receipt of unanticipated funds received from DCA Jail
Overcrowding Grants.
RESOLUTION NO. 500-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds received from Delinquent Taxes.
RESOLUTION NO. 501-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolution amending Resolution
No. 213-1989 heretofore enacted for the purpose of receiving
unanticipated funds.
RESOLUTION NO. 502-1989
See Res. Book No. 82 which is incorporated herein by
reference.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing execution
of an Addendum to Contract for Services with Fleishman-
Hillard, Inc. concerning services rendered in connection
with Coastal Barrier/Barrier Island legislation.
RESOLUTION NO. 503-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board granted permission to advertise for Public Hearing a
proposed Ordinance creating a Municipal Service Taxing Unit
(District) for the purpose of providing financing for the
provision of drainage and lake maintenance within the
Plantation Lake Estates Subdivision on Plantation Key,
Monroe County, Florida; providing for District powers; pro-
viding for the collection and levy of ad valorem taxes or
non-ad valorem assessments pursuant to F.,S. 197.3632; pro-
viding for restrictions on the District's spending and
taxing authority; providing for a referendum on certain
forms of indebtedness and for ad valorem levies not to
exceed two years which may cause total District millage to
exceed 10 mills; providing for severability; providing for
inclusion in the Monroe County Code of Ordinances; providing
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for the repeal of all Ordinances or parts of Ordinances in
conflict herewith; and providing for an effective date.
MUNICIPAL SERVICE DISTRICT (WASTE)
Board adopted the following Resolution rescinding Resolution
No. 344-1989 concerning a Lease/Purchase Agreement for a new
Caterpillar Tractor for the Municipal Service District and
authorizing the Mayor/Chairman of the Board to execute a
revised Lease/Purchase Agreement with Caterpillar Financial
Services Corporation concerning said tractor.
RESOLUTION NO. 504-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of an Equipment Lease with Shelley Tractor & Equipment Co.
concerning the lease of one new Read Screen Model RD40A.
RESOLUTION NO. 505-1989
See Res. Book No. 82 which is incorporated herein by
reference.
NOTE: RESOLUTIONS 505-1989 AND 506-1989 ARE
RECONSIDERED LATER IN THE MEETING
Board adopted the following Resolution authorizing execution
of an Equipment Lease with Shelley Tractor & Equipment Co.
concerning the lease of one new Kawasaki Front End Loader
Model 65ZII.
RESOLUTION NO. 506-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board authorized execution of Addendum No. 1 (regarding
franchise hauler negotiations and Code revisions) to the
existing Agreement for Management Advisory Services with
Hutchinson, Moore, Gravett, Errera and Druker, P.A.
Board authorized execution of Rider A to the Lease/Purchase
Agreement with Florida Machinery & Equipment Company con-
cerning a VME Front Loader.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution authorizing execution
of an Addendum to the existing Agreement with BRW, Inc. con-
cerning the analysis of traffic impact reports.
RESOLUTION NO. 507-1989
See Res. Book No. 82 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Board adopted the following Resolution authorizing execution
of an Addendum to Contract with Robert J. Nelms, Jr., M.D.,
Medical Examiner, in order to correct Paragraph IV of said
Contract concerning the term thereof.
RESOLUTION NO. 508-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Board adopted the following Resolution accepting a Grant
from the Florida Solar Energy Center and authorizing the
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Mayor to execute a Contract with the University of Central
Florida in furtherance thereof.
RESOLUTION NO. 509-1989
See Res. Book No. 82 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved and authorized payment of the following
invoices:
1. Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A., in the amount
of $15,014.49, for professional services
through 7/31/89.
2. Post, Buckley, Schuh & Jernigan, Inc., in
the amount of $947.61, for professional
services re Monroe County v. Wainwright,
et ale
3. Post, Buckley, Schuh & Jernigan, Inc., in
the amount of $26,641.87, for Road invoice
for June, 1989.
4. Post, Buckley, Schuh & Jernigan, Inc., in
the amount of $4,140.91, for professional
services re Card Sound Road and Toll
District for June, 1989.
5. Post, Buckley, Schuh & Jernigan, Inc., in
the amount of $1,295.86, for Pay Request
#4 re Plantation Key Atrium.
6. Post, Buckley, Schuh & Jernigan, Inc., in
the amount of $3,705.04, for Pay Request
#28 re Higgs Beach Pier.
7. Post, Buckley, Schuh & Jernigan, Inc., in
the amount of $3,361.44, for Pay Request
#24 re Higgs Beach Gun Mounts.
8. Jenkins & Charland, Inc., in the amount of
$55,700.00, as Final Payment re Truman
School Structural Analysis.
9. Victor N. DeCario & Associates, Inc., in
the amount of $1,599.84, for professional
services re Monroe County Geographic
Information System, 7/1 thru 7/31/89.
10. General Asphalt Company, Inc., in the
amount of $46,000.00, as Final Payment
for road work re Caribbean Drive, Summer-
land Key.
11. H. W. Beyer Funeral Home, Inc., in the
amount of $634.20, for professional
services re Pauper Burial.
12. Lopez Funeral Home, in the amount of $485.00,
for professional services re Pauper Burial.
13. Lopez Funeral Home, in the amount of $485.00,
for professional services re Pauper Burial.
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14. Lopez Funeral Home, in the amount of $485.00,
for professional services re Pauper Burial.
15. Lopez Funeral Home, in the amount of $485.00,
for professional services re Pauper Burial.
16. Lopez Funeral Horne, in the amount of $485.00,
for professional services re Pauper Burial.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo
D. Marcovici, M.D.,-in the amount of $301.25; Mental Health
Care Center of the Lower Keys, in the amount of $500.00;
Tanju T. Mishara, Ph.D., in the amount of $200.00.
COURT-APPOINTED ATTORNEYS, Max Fisher, in the
amount of $83.15; Janine Gedmin, in the amount of $351.80;
Franklin D. Greenman, in the amount of $563.75; Charles M.
Milligan, in the amount of $1,987.50; Donald E. Yates, in
the amount of $515.75.
OTHER EXPENSES, DePoo Hospital, in the amount of
$40.50; Riley, Kiraly & Associates, in the amount of
$666.01; Louis J. Spallone, Clerk, in the amount of $500.00;
State of Florida, in the amount of $313.50.
EXTRADITION COSTS, J. Allison DeFoor, II, in the
amount of $27,373.55.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $81.00; Billie Jean Fase, in the
amount of $109.50; Kathleen A. Fegers, in the amount of
$519.00; Florida Keys Reporting, in the amount of $82.50;
Ann S. Horne Reporting Service, in the amount of $92.50; Amy
Landry, in the amount of $25.20; Nancy J. Maleske, in the
amount of $1,994.25.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $50.00; Juli Chandler, in the amount of $435.00;
Vivian Estrada-Mora, in the amount of $130.00; Robert F.
Riggs, in the amount of $25.00.
EXPERT WITNESS FEES, Ira D. Karmelin, in the amount
of $1,250.00; Ronald D. Reeves, M.D., in the amount of
$2,426.25.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $1,422.61; Regular Witness Fees, in the amount of
$15.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, #112480-#113816, in the
amount of $4,564,938.45. ----
-
SUPPLEMENT TO GENERAL REVENUE FUND, #292-#293, in
the amount of $70,83~88.
FINE ~ FORFEITURE FUND, #875-#877, in the amount of
$1,280,367.12.
AIRPORT OPERATION & MAINTENANCE FUND, #551-#555, in
the amount of $116,189.76.
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ROAD & BRIDGE FUND, #570-#571, in the amount of
$142,866.53.
MSD TAX DISTRICT, #1285-#1295, in the amount of
$513,030.01. -
MSD - MARINE BANK (Marathon), #500-#502, in the
amount of-sI52,220.03.
MSD - PLEDGED FUNDS, #157, in the amount of
$200,000.00.
LAW LIBRARY FUND, #290, in the amount of $588.75.
CAPITAL PROJECTS FUND, #363-#364, in the amount of
$27,871.64.
MONROE COUNTY GROUP INSURANCE, #325-#328, in the
amount of $207,634.88.
CARD SOUND BRIDGE FUND, #289-#290, in the amount of
$24,710.7~
WORKERS COMPENSATION, #2936-#2954, in the amount of
$43,702.02.
TOURIST DEVELOPMENT COUNCIL, #611-#615, in the
amount of $225,025.16.
TRANSLATOR FUND, #232-#233, in the amount of
$16,586.62.
COMMUNITY DEVELOPMENT BLOCK GRANT, #60, in the
amount of $14,874.24.
FAIR SHARE IMPROVEMENT TRUST ACCOUNT, #08, in the
amount of~095.82.
RISK MANAGEMENT FUND, #47-#48, in the amount of
$46,586.6r:--
MARINERS HOSPITAL SPECIAL TAX DISTRICT, #54, in the
amount of $39,311.11.
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #210=#211, in the amount of
$233,552.64.
MONROE COUNTY UPPER KEYS TRAUMA DISTRICT, #08, in
the amount of $10.40.
Board accepted the following Corrected Certificate of the
County Canvassing Board regarding the August 8, 1989 Sales
Tax Referendum:
"State of Florida
Monroe County
We, the undersigned, SANDRA TAYLOR, County Judge, HARRY L.
SAWYER, JR., Supervisor of Elections and MIKE PUTO, Member
of the Board of County Commissioners, constituting the Board
of County Canvassers in the aforesaid County, do hereby cer-
tify that we met in the office of the Supervisor of
Elections on the 8th day of August, A.D., 1989, and pro-
ceeded to publicly canvass the votes given in the County
Special Referendum Election held on the 8th day of August,
A.D., 1989, as shown by the returns on file in the office of
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the County Judge and Supervisor of Elections, respectively.
We do hereby certify from said returns as follows:
QUESTION
Should there be levied, for a period of 15 years within the
unincorporated areas of Monroe County, Florida, and the
cities of Layton, Key Colony Beach and Key West, an addi-
tional one cent sales tax which shall be used for funding
capital infrastructure projects such as: Recreation facili-
ties, courthouses, parking, offices, roads, bridges, airport
improvements, libraries, piers, auditoriums, rip rap/
seawalls, storm sewers, solid waste facilities, jails and
police/fire facilities.
THE WHOLE NUMBER OF VOTES CAST WAS
AS INDICATED BELOW
6729
YES
5121
NO
1608
/s/
Sandra Taylor, County Judge
/s/
Harry L. Sawyer, Jr.,
Supervisor of Elections
/s/
Mike Puto, Member of the
Board of County Commissioners I
Board accepted the following Certificate of the County
Canvassing Board regarding the August 8, 1989 Cross Key
Waterway Referendum:
"State of Florida
Monroe County
We, the undersigned, SANDRA TAYLOR, County Judge, HARRY L.
SAWYER, JR., Supervisor of Elections and MIKE PUTO, Member
of the Board of County Commissioners, constituting the Board
of County Canvassers in the aforesaid County, do hereby cer-
tify that we met in the office of the Supervisor of
Elections on the 8th day of August, A.D., 1989, and pro-
ceeded to publicly canvass the votes given in the County
Special Referendum Election held on the 8th day of August,
A.D., 1989, as shown by the returns on file in the office of
the County Judge and Supervisor of Elections, respectively.
We do hereby certify from said returns as follows:
QUESTION
DISSOLUTION OF SPECIAL DISTRICT
Shall the Cross Key Waterway Special Lighting District,
created by Ordinance No. 031-1987, be dissolved?
THE WHOLE NUMBER OF VOTES CAST WAS 88
AS INDICATED BELOW
YES 75
NO 13
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~V'.5LJ)
/s/
Sandra Taylor, County Judge
/s/
Harry L. Sawyer, Jr.,
Supervisor of Elections
/s/
Mike Puto, Member of the
Board of County Commissioners'
Board granted approval to the Clerk to advertise for bids
for the sale of the following item and remove same from the
Clerk's inventory:
#0202-145
NCR Modus
Board granted approval to the Clerk to remove the following
obsolete item from the Clerk's inventory:
#0203-37
Sears 21,000 BTU
Air Conditioner
Board accepted the Sheriff's Contraband Forfeiture Quarterly
Report for the Quarter ending June, 1989, pursuant to F.S.
932.704(5), with funds to be used to offset ad valorem taxes
unless disposition is otherwise prescribed by statute.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board discussed the Revised Agenda Schedule.
Motion was made by Commissioner Jones to limit public input
on anyone issue to five minutes per speaker. Motion died
for lack of a second. Mayor Puto directed that the Board
would set three to five minutes per speaker for each par-
ticular instance. Motion was made by Commissioner Jones and
seconded by Commissioner Harvey to adopt the following
Revised Agenda Schedule:
Meeting Date
Location
September 19, 1989
September 20, 1989
Marathon Courthouse
Key Colony Beach
City Hall
October 10/11, 1989
Key West Courthouse
Courtroom "B"
October 31/November 1, 1989
Tavernier
Elks Club
Key Colony Beach City Hall
Key West City
Commission Chambers
November 21/22. 1989
December 12/13, 1989
Motion carried unanimously.
The Board entered into a discussion regarding the
evacuation and sheltering of persons with special medical
needs during hurricanes and other emergencies. Reggie
paros, Assistant County Administrator/Public Safety, and
Bill Lowden from the Civil Defense Department addressed the
Board and presented a videotape from JLW, Inc. concerning
such a transport system connected with the use of school
buses. Motion was made by Commissioner Lytton and seconded
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by Commissioner Jones to grant approval of the purchase of
necessary equipment from JLW, Inc. to outfit six school
buses in an amount not to exceed $20,000.00, said amount to
be obtained from the Contingency Funds of the various
Ambulance Districts. Motion carried unanimously. After
further discussion, the County Attorney was directed to
research the County's liability in a declared disaster
situation.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to approve the appointment of Barbara
Duck for a one-year term and the reappointment of William
Osterhoudt for a two-year term to the Dade-Monroe Alcohol,
Drug Abuse and Mental Health Planning Council. Motion
carried unanimously.
George Harper addressed the Board. Motion was made
by Commissioner Lytton and seconded by Commissioner stormont
to adopt the following Resolution authorizing the Mayor/
Chairman of the Board to execute a Lease Agreement between
the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida and the Monroe County Board of
County Commissioners concerning real property on Lower
Matecumbe Key known as Caloosa Cove. Motion carried unani-
mously.
RESOLUTION NO. 510-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Donald Craig, Assistant County Administrator/Growth
Management Division, addressed the Board regarding Agenda
Items B-5 and B-6 concerning proposed Use Agreements with
the Florida Department of Transportation and Holiday Isle
for the proposed right-of-way use on Windley Key. Mr. Craig
advised deferral of these items until after the Planning
Commission's recommendation is received. During discussion,
Commissioner Stormont directed Mr. Craig to supply the Board
with a list of building permits issued for Holiday Isle.
Joe Roth, owner of Holiday Isle, and Andrew Tobin, attorney
for Holiday Isle, both addressed the Board. After further
discussion, motion was made by Commissioner Lytton and
seconded by Commissioner Jones that based on the untimeli-
ness of the receipt of the subject documents and therefore
the unfair disadvantage placed on the County Attorney and
based on the serious purported allegations of Commissioner
Stormont which need to be confirmed or disapproved, the
Board should accept Staff's recommendation for deferral
until a future Public Hearing and direct the County Attorney
to research the proposed documents and report back to the
Board as soon as possible. Roll call vote was unanimous.
The Board discussed the fact that appeals con-
cerning property should be held in the particular area in
which the property exists. Donald Craig and Dagny Johnson
addressed the Board.
--
Motion was made by Commissioner Harvey and seconded
by Commissioner Lytton to authorize travel for any County
Commissioner to Fort Lauderdale on September 15th and 16th
for attendance at "Enhancing Florida's Urban Future" spon-
sored by the South Florida Regional Planning Council and
DCA. Motion carried unanimously.
Commissioner Lytton discussed the triangular parcel
indicated as a park and shown on the plat of Bay Point
Subdivision Amended Plat Book 3, Page 75 of the Public
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Records of Monroe County. Motion was made by Commissioner
Lytton and seconded by Mayor Puto to adopt the following
Resolution accepting for active recreation the park in Bay
Point Subdivision as conveyed by the original platting pro-
cess and directing that this Resolution be entered into the
Public Records to officially acknowledge, in perpetuity,
acceptance and ownership by Monroe County. Motion carried
unanimously.
RESOLUTION NO. 511-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to adopt the following Resolution
indicating to the Congressional Delegation support for the
following provision contained in House Resolution 2190 and
Senate Bill 874 regarding Voter Registration Mandates: "All
states would have to establish a system to register indivi-
duals to vote in connection with driver's license renewal
and application. Each registration completed would then
have to be processed by a local election agency, usually a
County election office. II Motion carried unanimously.
RESOLUTION NO. 512-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to adopt the following Resolution
indicating to the Congressional Delegation support for the
following provision contained in House Resolution 2190 and
Senate Bill 874 regarding Voter Registration mandates:
"Locations would have to be designated throughout every
county in a variety of county and private sector sites for
the purpose of distributing and processing voter registra-
tion applications. II Motion carried unanimously.
RESOLUTION NO. 513-1989
See Res. Book No. 82 which is incorporated herein by
reference.
The Board discussed the County's previously com-
mitted support for exempting state and local governments
from Section 89.
The Board discussed the proposed Employment
Agreement with Claire Martin for the Upper Keys Health Care
Taxing District. Motion was made by Commissioner Stormont
and seconded by Commissioner Lytton to amend the Employment
Agreement in Paragraph II-B at the top of Page 2 thereof by
removing the words "but excluding" in the last line thereof
and inserting the word "and" in lieu thereof. Motion
carried unanimously. Motion was then made by Commisisoner
Stormont and seconded by Commissioner Lytton to adopt the
following Resolution authorizing execution of an Employment
Agreement, as amended, with Claire Martin for the purpose of
employing her as Secretary-Computer Operator for the Upper
Keys Health Care Taxing District. Motion carried unani-
mously.
RESOLUTION NO. 514-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Mayor Puto to grant permission to the Upper Keys
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Uniformed Law Enforcement Officers Association to use Harry
Harris Park on October 15th to hold a Volunteers'
Recognition Day and to authorize expenditure from the County
Contingency Fund in the approximate amount of $500.00 for
awards. Motion carried unanimously. Motion was then made
by Commissioner Stormont and seconded by Mayor Puto to
direct EMS to make a policy recommendation as to how the
Board can handle unified and consistent volunteer recogni-
tion programs. Motion carried unanimously.
The Board entered into discussion concerning
policy guidance regarding County litigation. Motion was
made by Commissioner Stormont and seconded by Commissioner
Jones to incorporate the following into Policy Statements
and adopt the same:
POLICY STATEMENT AND DIRECTIVE NO. 004
The County Attorney's Office, together with the
Department of Growth Management, is directed to
have Monroe County Comprehensive Land Use Plan
and Regulations "risk audited" at the earliest
possible moment to assure implied defensibility
and any recommended changes made concurrently
with 9-J-5 Comprehensive Plan update in 1990.
There is a presumption of correctness in any
governmental act, and the County Attorney is
instructed to utilize to the fullest defensive
powers of the County to protect and defend
actions of the government, and any Board of
the government, without further instructions
from the Board of County Commissioners.
Land Use Regulations of Monroe County require
and dictate courses of action which require
pursuit to exhaustion of legal remedy, prior
to entering into the judicial arena, and the
County Attorney is instructed to enforce and
defend against any legal actions to the
contrary without further instructions from
the Board of County Commissioners.
On other issues, apart from clear-cut
regulation and process issues involving
governmental and Board actions and decisions,
the County Attorney's Office is directed to
continue to obtain consensus from the Board of
County Commissioners, by passage of Resolution
as record, as to actions to be taken.
Motion carried unanimously.
Motion was made by Mayor Puto and seconded by
Commissioner Jones to transfer the following vehicle from
the Public Safety Division to the City of Key Colony Beach:
Former Sheriff's Unit #293
ID #lB3BG264XEX552776
Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Mayor Puto to appoint Alma Raymond of Big Pine Key to the
Land Authority Advisory Board. Motion carried unanimously.
Motion was made by Commissioner Stormont and
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seconded by Mayor Puto to authorize travel for any
Commissioner to the Florida Association of Counties
Conference and Board of Directors Meeting in Naples on
September 27th - 29th. Motion carried unanimously.
Motion was made by Mayor Puto and seconded by
Commissioner Harvey to authorize travel for any County
Commissioner to Homestead on September 5, 1989, and to
authorize travel for Commissioner Lytton to Fort Myers on
September 7, 1989, both dates in connection with meetings
regarding the South Florida Water Management District.
Commissioner Lytton advised the Board that he would
be out of town from September 1st to September 11th.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, discussed the Long
Key Landfill land. Charles Aguero, MSD Director, addressed
the Board. Motion was made by Commisisoner Lytton and
seconded by Mayor Puto that the County Attorney and the
County Administrator be authorized to negotiate with the
Department of Natural Resources, and to accept the offer of
assistance from the Cabinet, in returning all or some por-
tion of the fifty-nine acres of land at Long Key either
through resolution of the lawsuit existing or through some
form of stipulation agreement to be entered into by both
parties. Roll call vote was taken with the following
results:
Commissioner Harvey Yes
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Stormont Yes
Mayor Puto Yes
Motion carried.
Mr. Ludacer advised that he had filed an appeal on
the Matecumbe Marina decision.
The County Attorney discussed the expiration of the
Eastern Airlines Lease and use by Continental Express.
After discussion, motion was made by Commissioner Harvey and
seconded by Commissioner Lytton to continue with Continental
Express on a month-to-month basis until the termination of
the Lease. Motion carried unanimously.
Mr. Ludacer discussed the distribution of the
remaining funds in the Cross Key Waterway Special Lighting
District to the landowners within the District and advised
the Board of the steps that had to be taken by the indivi-
dual landowners. The County Attorney was directed to create
an advertisement for The Upper Keys Reporter newspaper
setting forth this information and also to advise the
current association.
The Board recessed for lunch.
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sent.
The Board reconvened with all Commissioners pre-
MUNICIPAL SERVICE DISTRICT (WASTE)
Charles Aguero, MSD Director, addressed the Board.
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Mr. Aguero brought the Board up to date on the Key Largo
Landfill situation and advised of the probability of DER
amending the Consent Order in order to continue operations
at the Key Largo Landfill.
After discussion, motion was made by Commissioner
Lytton and seconded by Commissioner Harvey to waive the
purchasing policies and procedures and to authorize (with a
view to standardization of equipment) the purchase of one
Mack Roll-off with a Cab Over Engine at a cost of $78,352.00
from South Florida Mack. Motion carried unanimously.
Mr. Aguero reported on the accomplishments of the
tire shredder.
Connie Grabois, Recycling Coordinator, addressed
the Board regarding the Reycling Program. She presented the
Board with a copy of the County's recycling logo and
announced the kick-off on September 6th which will offi-
cially open the County's Recycling Center in the Marathon
area.
After lengthy discussion concerning the lease of
property in the Upper Keys owned by William Cullen for
recycling purposes, motion was made by Commissioner Lytton
and seconded by Commissioner Jones to approve in concept,
subject to negotiation of variables and to bring proposed
lease back to the Commission. Motion carried unanimously.
The Board entered into a discussion concerning the
proposed cancellation of the occupational licenses of B. K.
Towing of Big Pine Key and Trucksters of Summer land Key for
non-payment of solid waste service. Max Fisher, attorney
representing B. K. Towing, addressed the Board. Motion was
made by Commissioner Jones and seconded by Commissioner
Harvey to continue the proposed revocation of B. K. Towing's
occupational license to the Marathon meeting. Motion
carried unanimously. Motion was then made by Commissioner
Stormont and seconded by Commissioner Jones to proceed
accordingly to cancel the occupational license of
Trucksters. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commisisoner Harvey to authorize execution of Consent
Order No. OGC 89-0513 with the State of Florida Department
of Environmental Regulation regarding the Key Largo
Landfill. Motion carried unanimously.
The Board discussed the Snellinger property on Big
Pine Key. Bonnie Hall of B & B Used Auto Parts addressed
the Board in opposition to renewal of the lease on this pro-
perty. Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to adopt the following Resolution
authorizing execution of a one-year Addendum to the Lease
Agreement with Doris and Paul J. Snellinger concerning the
property located on Big Pine Key. Motion carried unani-
mously.
RESOLUTION NO. 515-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to prepare a Resolution and adver-
tisements concerning the Board's intent to place the non-
ad valorem MSD assessment on the taxing bill. Motion
carried unanimously.
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Rosalie Connolly, Deputy Clerk, addressed the Board
concerning Agenda Items E-8 and E-9 which were previously
approved in the "bulk" motion. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
reconsider Resolutions 505-1989 and 506-1989 concerning exe-
cution of Equipment Leases with Shelley Tractor and
Equipment Co. which were adopted earlier in the day. Motion
carried unanimously. Motion was then made to amend said
Equipment Leases to remove therefrom the reference on Page 2
referring to the payment of "First month's rent in advance".
Motion carried unanimously.
DIVISION OF COMMUNITY SERVICES
Peter Horton, Assistant County Administrator,
addressed the Board regarding the residency at Bay Shore
Manor. After discussion, Mr. Horton was directed to cease
the current newspaper advertising and start a poster cam-
paign in public buildings such as hospitals, etc.
Airport Services
Mr. Horton addressed the Board concerning the apron
work at the Marathon Airport. Pat Rebull and Bob Harris of
Post, Buckley, Schuh & Jernigan also addressed the Board.
After lengthy discussion, motion was made by Commissioner
Harvey and seconded by Commissioner Jones to direct Post,
Buckley, Schuh & Jernigan to reach an agreement with FAA and
FDOT that those agencies will honor the plans that have been
previously approved and if no such agreement is reached,
that Post, Buckley, Schuh & Jernigan will pay the costs of a
third engineering opinion. Motion was then made by
Commissioner Stormont to amend to show that there is no cost
to the County. The amendment was accepted by the maker and
the seconder. Roll call vote on the motion as amended was
taken with the following results:
Commisisoner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton No
Commissioner Stormont No
Mayor Puto No
Motion failed. The consultants were directed to resolve
this matter and report back to the County Administrator as
soon as possible.
Code Enforcement
Mr. Horton addressed the Board concerning a pro-
posed minor reorganization of the Code Enforcement
Department as follows:
Eliminate the position of
Director of Code Enforcement
Base Salary: $32,766.00
COLA: 1,300.00
Merit (2% avg.): 655.00
Subtotal: $34,721.00
Fringe benefits: 12,152.00
Total cost to
Monroe County: $46,873.00
Create the position of
one additional Inspector
Base Salary: $21,853.56
COLA: 1,300.00
Subtotal:
Fringe benefits:
Total cost to
Monroe County:
$23,153.56
8,103.74
$31,257.30
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De-classify the position of
Code Enforcement Coordinator
Base Salary: $22,291.60
COLA: 1,300.00
Merit (2% avg.): 445.83
$24,037.43
8,413.10
Fringe benefits:
Total cost to
Monroe County:
$32,450.53
To Code Enforcement Co-
ordinator w/limited duties
Base Salary: $15,395.01
COLA: 1,300.00
$16,695.01
Fringe benefits: 5,843.25
Total cost to
Monroe County: $22,538.26
Resulting in a total savings of $25,527.97, which
amount was requested to be placed in Capital
Outlay-vehicles, budget line item, for the purchase
of three new pick-up trucks for Fiscal Year 1990.
After discussion, motion was made by Commissioner Jones and
seconded by Mayor Puto to change the title of Code
Enforcement Coordinator to Code Enforcement Liaison, to then
accept the reorganization set out above, and to approve the
requested purchase of three new pick-up trucks for Fiscal
Year 1990. Motion carried unanimously..
DIVISION OF GROWTH MANAGEMENT
Donald Craig, Assistant County Administrator,
addressed the Board.
The Board discussed Development Order requirements.
Bill Smith of the Florida Keys Contractors Association
addressed the Board. Mr. Craig advised that he will be
meeting with DCA and will request that DCA does a pre-review
of all permits.
Mr. Craig discussed the DCA Rule adoption last week
by the Governor and Cabinet and advised the Board that the
Rule would be effective September 22nd.
The Assistant County Administrator advised that he
would be meeting shortly with DCA to review the Second Round
Text and Map Amendments.
Motion was made by Mayor Puto and seconded by
Commissioner Jones to authorize travel for Commissioner
Lytton or Commissioner Stormont, as a designee of the Board,
to appear before the Governor and Cabinet once a month to
make the County's progress report. Motion carried
unanimously.
Mr. Craig advised the Board of a letter received
from the Big Pine Civic Association asking for a delay until
early October for the workshop sessions for the Big Pine Key
Focal Point Plan.
Building Department
Robert Herman, Deputy Director of Growth
Management, addressed the Board regarding the definition of
"substantial progress". Bill Smith of the Florida Keys
Contractors Association addressed the Board. After lengthy
discussion, motion was made by Commissioner Jones and
seconded by Commissioner Lytton to amend the definition of
"substantial progress", to eliminate the 120-day rule, and
to extend to 180 days with an inspection every six months.
Roll call vote was taken with the fOllowing results:
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Commissioner Harvey No
Commissioner Jones Yes
Commissioner Lytton No
Commissioner Stormont No
Mayor Puto No
Motion failed. Motion was then made by Commissioner
Stormont and seconded by Mayor Puto to reconfirm the Board's
policy to define "substantial progress" as an approved
inspection with a 120-day period. Roll call vote was taken
with the following results:
Commissioner Harvey Yes
Commissioner Jones No
Commissioner Lytton Yes
Commissioner stormont Yes
Mayor Puto Yes
Motion carried.
DIVISION OF MANAGEMENT SERVICES
The Board entered into a discussion concerning the
proposed Lease Agreement with Big pine Key Athletic
Association, Inc. regarding Parcels IJ and JJ, Pine Key
Acres, Big Pine Key. Motion was made by Commissioner
Stormont and seconded by Commissioner Jones to refer this
matter back to the appropriate Staff to renegotiate the
terms under standard County procedures and bring back to the
Board. Motion carried unanimously.
George Harper, Assistant County Administrator, and
Dr. David Rice of the Guidance Clinic of the Middle Keys
addressed the Board regarding Baker Act funding. After
discussion, motion was made by Commissioner Jones nad
seconded by Commissioner Puto to direct the County Clerk and
County Attorney to decide what amounts the County is legally
obligated to pay and that whatever amount is justified
should be paid out of the Board's Contingency Fund. Motion
carried unanimously.
Grants Management
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to adopt the following Resolution
authorizing the submission of a Grant Application to the
Florida Department of State and directing the execution of
same by the proper County authorities. Motion carried una-
nimously.
RESOLUTION NO. 516-1989
See Res. Book No. 82 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Reggie paros, Assistant County Administrator,
addressed the Board.
Motion was made by Mayor Puto and seconded by
Commissioner Jones to proclaim the week of September 17th _
September 23rd as EMS WEEK IN MONROE COUNTY. Motion carried
unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to adopt the fOllowing Resolution
rescinding Resolution No. 484-1989 regarding a License
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Agreement with the Department of General Services concerning
the Plantation Key Microwave Tower. Motion carried unani-
mously.
RESOLUTION NO. 517-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to authorize the Mayor to
execute an amendment to the License Agreement to specify a 0
frequency offset in Section II, Item 1. Motion carried una-
nimously.
DIVISION OF PUBLIC WORKS
David Koppel, Director of Engineering, addressed
the Board on behalf of Dent pierce, Assistant County
Administrator, who was ill.
After discussion, motion was made by Commissioner
Jones and seconded by Commissioner Harvey to provide
assistance to the City of Key West in the annual State-wide
beach clean-up on Saturday, September 23rd, at a maximum
cost to the County not to exceed $500.00. Motion carried
unanimously.
Mr. Koppel updated the Board on the Card Sound
overlay project.
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board.
Mr. Harris advised the Board about the Beach
Advisory Board meeting held on August 22nd and reported that
the County Administrator was attempting to set up a Joint
City/County Commission meeting in the near future.
Mr. Harris reported on a letter from DER dated
August 17th regarding Federal Public Works Program funding
for the Smathers Beach Renourishment Project for Fiscal Year
1991. After discussion, the Board accepted Staff recommen-
dation and directed the Mayor to send a letter to DER
promptly stating it is the County's intent to make every
effort to comply with the Agency's conditions and resolve
their concerns, primarily the mitigation strategy involved.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, addressed the
Board and discussed his recent meeting with the Dade County
solid waste representatives. Motion was made by
Commissioner Harvey and seconded by Commissioner Jones to
direct the County Administrator to go forward with a letter
for the Mayor's signature requesting Dade County to par-
ticipate and enter into an Interlocal Agreement regarding
the handling of the ash from Monroe County. Motion carried
unanimously.
The County Administrator discussed the concept of
an extreme South Dade County landfill.
After discussion, the Board directed Don Craig,
Assistant County Administrator/Growth Management, to co-
ordinate a schedule for the Progress Reports that are to be
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given to the Cabinet.
The Board directed the County Administrator and
Staff to go forward with an investigation with DNR and the
Governor and Cabinet regarding the use of the old Key Largo
Missile Site as a possible incarceration facility.
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to authorize the County
Attorney to advertise to repeal Ordinance No.006-1985 which
created a Capital Improvement Study Committee. Motion
carried unanimously.
Joy Linskold, Chairman of the Highway
Beautification Committee, addressed the Board. Motion was
made by Commissioner Stormont and seconded by Commissioner
Harvey to adopt the following Resolution amending Resolution
No. 208-1977 providing for the appointments to the Monroe
County Highway Beautification Committee with the following
correction: delete all words after "alternate member," in
Paragraph lIon Page 2 and insert in lieu thereof the words
"to temporarily substitute for a principal representative on
a meeting by meeting basis." Motion carried unanimously.
RESOLUTION NO. 518-1989
See Res. Book No. 82 which is incorporated herein by
reference.
Mr. Brown and the Board entered into discussion
concerning the need for a County Project/Construction
Manager for all capital projects. Motion was made by
Commissioner Stormont and seconded by Commissioner Harvey to
approve the concept of such a position on a job to job basis
and to direct the County Administrator to draw up an
appropriate job description. Motion carried unanimously.
The County Administrator discussed jail site
location problems. Motion was made by Commissioner Jones
and seconded by Commissioner Lytton to direct the County
Administrator to proceed with obtaining an appraisal on a
nine-acre parcel on Stock Island for use as an incarceration
facility. Motion carried unanimously. Motion was then made
by Commissioner Harvey and seconded by Commissioner Jones to
seek qualified buyer brokers to work with the County
Administrator in finding jail sites. Motion carried unani-
mously.
COUNTY CLERK
Rosalie Connolly, Deputy Clerk, advised the Board
that the Clerk's Office was in receipt of a late bid from
Aero Products for the ambulance refurbishment and requested
instruction from the Board as to how to proceed. Motion was
made by Commissioner Lytton and seconded by Commissioner
Jones to reject the late bid from Aero Products and to
instruct the Deputy Clerk to return same. Motion carried
unanimously.
Mayor Puto made the following appointments to the
Property Appraisal Adjustment Board:
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner John Stormont
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AWARD OF BIDS
The Board discussed proposals sent out by Post,
Buckley, Schuh & Jernigan for the Fabrication and
Installation of Access Ladders and Platforms for the seven
Incinerator Units located at the County Landfills.
Commissioner Stormont discussed the fact that this item
should have been done by Sealed Bid and under normal County
bidding and evaluation procedures. After discussion, motion
was made by Commissioner Stormont and seconded by
Commissioner Lytton to waive the bidding procedures; to
approve the recommendation of Post, Buckley, Schuh &
Jernigan to award a contract to Advanced Fabrication
Industries, Inc. of Miami in the amount of $42,900.00 with a
time schedule of six to seven weeks; to bring the proposed
contract back to the Board for approval; and to request the
County Administrator to see that this type of deviation from
bidding procedures does not occur again. Motion carried
unanimously.
MISCELLANEOUS
The Board discussed a memorandum from the Tourist
Development Council dated August 25th regarding administra-
tive travel and requesting approval for travel from
September 1st through December 31st with costs not to exceed
$3,000.00. Motion was made by Commissioner Jones to approve
the request. During discussion, motion was withdrawn.
Motion was made by Commissioner Jones and seconded by Mayor
Puto to direct the County Attorney to research Sandra Higgs'
contract regarding travel and report back to the Board at
the next meeting. Motion carried unanimously.. Motion was
made by Mayor Puto and seconded by Commissioner Jones to
approve travel to the Orlando Marriott for the 5th Annual
Pre-NTA/ABA Convention Caucus on September 7th at an esti-
mated cost not to exceed $300.00. Roll call vote was taken
with the following results:
Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton No
Commissioner Stormont No
Mayor Puto Yes
Motion carried.
PUBLIC HEARINGS
The Board continued with yesterday's meeting
regarding the proposed Tentative Budget.
Donald Craig, Assistant County Administrator/Growth
Management Division, addressed the Board. After discussion,
Mr. Craig and the County Administrator were directed to pre-
pare for the Mayor's signature a letter to DCA, with copies
to Senator Plummer and Representative Saunders, asking for
$50,000.00 to assist the County in preparing the
Comprehensive Plan. Mr. Craig was also directed to bring
back to the next Regular Meeting of the Board an extension
of the Contract with the existing consultant, BRW, Inc., to
encompass needed services at a cost of approximately
$265,000.00.
Motion was made by Commissioner Stormont and
seconded by Mayor Puto to direct the County Administrator to
investigate the feasibility of the items concerning the
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Budget which are set out in Commissioner Stormont's memoran-
dum dated August 29th and Commissioner Harvey's report dated
August 21st and report back to the Board on September 11th
any recommended Budget changes for final incorporation.
Motion carried unanimously.
Commissioner Harvey read a FAX that had been sent
to the Board earlier in the day requesting that the County
put back $30,000.00 into the Budget for the Key West
Community Pool. After discussion, motion was made by
Commissioner Stormont and seconded by Commissioner Lytton to
seek the feasibility of placing the Community Pool back
into the Budget for 5/12 of the $30,000.00 requested and
have the County Administrator report back to the Board on
September 11th. Roll call vote was taken with the following
results:
Commissioner Harvey No
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Stormont Yes
Mayor Puto Yes
Motion carried.
Motion was made by Commissioner Jones and seconded
by Mayor Puto to direct the County Administrator to deter-
mine the feasibility of turning back to the Clerk of the
Board the Office of Management and Budget and have the
Administrator report back to the Board on September 11th.
Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton Yes
Commissioner Stormont No
Mayor Puto Yes
Motion carried.
Motion was made by Commissioner Jones and seconded
by Mayor Puto to instruct the County Administrator to
investigate the feasibility of reorganizing his staff to
have only three Assistant County Administrators, to do away
with two Department Heads, and to set up a motor pool for
the 1991/92 Budget Year. Mr. Brown advised that he was
anticipating a major organization of his staff in the next
year. Commissioner Jones withdrew his motion.
There being no further business, the meeting was
adjourned.
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