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10/11/1989 Regular QQ 077 Regular Meeting Board of County Commissioners Wednesday, October II, 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 liB" 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 Rosalie Connolly, Deputy Clerk; Danny Kolhage, Clerk (entered the meeting late in the day); 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. 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 approved payment of Tourist Development Council expen- ditures in the amount of $64,341.94 (Input Date 9/26/89), subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $15,219.43 (Input Date 9/26/89), provided these have been previously approved by the Board of County Commissioners, and subject to final invoice approval by the Finance Department. Board granted approval to the Municipal Service District to remove the following items of surplus property from their inventory: 0970-003 0970-013 0970-018 0970-032 0970-064 0970-079 0973-004 0973-020 0973-031 0974-019 0974-025 0974-033 0974-041 0974-044 0975-004 0975-013 0975-022 0975-029 0975-040 0978-008 0978-014 Typewriter Air Conditioner Dumping Device Trash Trailer Trash Trailer Trash Trailer Chair - Chrome Extension Ladder Refrigerator Case Loader Sears Chain Saw Tank/Skid Fuel Front End Loader Air Conditioner Cash Register Case Loader Marlow Fire Pump Calculator Cash Register Steam Cleaner Chain Saw 0970-008 0970-014 0970-023 0970-033 0970-078 0973-002 09730148 0973-030 0973-032 0974-020 0974-032 0974-034 0974-042 0974-053 0975-009 0975-017 0975-024 0975-036 0975-043 0978-013 0978-023 Victor Calculator Air Conditioner Exec. Chair Trash Trailer Trash Trailer Calculator Front-End Loader Front-End Loader Air Conditioner Case Loader Crawler Crane Fuel Tank Honda Water Pump Air Conditioner IBM Typewr iter Grease Gun Paint Gun BD Bench Grinder Air Conditioner Chain Saw Tool Box QQ 078 0978-025 0978-027 0978-042 0978-044 0978-046 0978-037 0990-052 0990-054 Grass Weed Trimmer Chain Saw Ford Truck Trailer-Swacar Trailer-Swacar Trash Trailer Chain Saw Weed Wacker 0978-026 0978-041 0978-043 0978-045 0978-047 0978-049 0990-053 Chain Saw Trailer-Swacar Trailer-Swacar Trailer-Swacar Dumping Device Swacar Weed Wacker Board granted approval to the Emergency Medical Services Department to remove the following item of surplus property from their inventory: 1417-16 Motorola Pager Board granted approval to the Public Works Division to advertise for bids for the following new equipment or to obtain necessary quotations per County purchasing proce- dures: Road Department 2 Flail Axe Mowers I Tractor with Broom 3 I-Ton Crew Cabs 3 3/4-Ton Pick-ups I Maintainer (Grader) Card Sound I Chipper I Flail Axe Mower Board adopted the following Resolution authorizing execution of a Lease Agreement with 12th Street, Ltd. concerning office space at the Key West Professional Plaza for the State Attorney's Office. RESOLUTION NO. 568-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolution authorizing execution of an Agreement with the Federal Express Corporation con- cerning premises at the Key West International Airport. RESOLUTION NO. 569-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolution authorizing the amendment of Resolution No. 620-1988, passed and adopted by the Board of County Commissioners at a Regular Meeting held on the 22nd day of November, 1988, providing that certain named Code Enforcement Officers are vested with the power to issue citations and notices to appear in County Court for violations of the Monroe County Code. RESOLUTION NO. 570-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolution authorizing execution of a Contract with Florida Health Nursing Services, Inc. concerning nursing services to be performed for Monroe County In-Home Services CCE and CCDA clients. RESOLUTION NO. 571-1989 See Res. Book No. 83 which is incorporated herein by reference. QQ 079 Board adopted the following Resolution authorizing approval and necessary execution of the Title III-B Information and Referral Grant, Title III-D Homemaker Grant Fund Increase, and Contract Amendment #2 to Contract KG-851 funded by the Alliance For Aging, Inc. and Monroe County. RESOLUTION NO. 572-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolutions concerning transfer of funds. RESOLUTION NO. 573-1989 RESOLUTION NO. 574-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 575-1989 RESOLUTION NO. 576-1989 RESOLUTION NO. 577-1989 RESOLUTION NO. 578-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 530-1989 concerning the transfer of funds. RESOLUTION NO. 579-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 488-1989 concerning the transfer of funds. RESOLUTION NO. 580-1989 See Res. Book No. 83 which is incorporated herein by reference. Board granted approval to the Social Services Department to remove the following item from their inventory: 1837-1 Adler Calculator Board granted approval to the Community Services Division to remove the following item from the Marathon Airport inven- tory: 2400-22 Portable Aircraft Radio Board granted approval to the Community Services Division to remove the following item from Marathon Airport surplus inventory and advertise bids for sale thereof: 7201-A8 IBM Selectric Typewriter Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Robert R. and Esther Laviolette for the placement of a mobile home below the base flood elevation on Lot 13, Block 14, Key Largo Trailer Village, Buttonwood Avenue, Key Largo: Zoned URM - Urban Residential Mobile Home; Coastal Flood Zone AE - Panel 1006F. QQ 080 Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Robert R. and Esther Laviolette for the placement of a mobile home below the base flood elevation on Lot 14, Block 14, Key Largo Trailer Village, Buttonwood Avenue, Key Largo; Zoned URM - Urban Residential Mobile Home; Coastal Flood Zone AE - Panel 1006F. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 581-1989 RESOLUTION NO. 582-1989 RESOLUTION NO. 583-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 468-1989 concerning the transfer of funds. RESOLUTION NO. 584-1989 See Res. Book No. 83 which is incorporated herein by reference. Board approved payment of Tourist Development Council expen- ditures in the amount of $148,507.10 (Input Date 9/30/89), subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $5,251.26 (Input Date 9/30/89), subject to Clerk's verification of previous Board approval, and subject to final invoice approval by the Finance Department. Board adopted the following Resolutions transferring Tourist Development Council funds, subject to Clerk's verification of previous Board approval for Third Cent transfers. RESOLUTION NO. 585-1989 RESOLUTION NO. 586-1989 RESOLUTION NO. 587-1989 See Res. Book No. 83 which is incorporated herein by reference. Board adopted the following Resolution concerning transfer of funds. RESOLUTION NO. 588-1989 See Res. Book No. 83 which is incorporated herein by reference. MUNICIPAL SERVICE DISTRICT (WASTE) Board adopted the following Resolution authorizing execution of an Interlocal Agreement for Recycling Grants by and bet- ween the Board, the City of Layton, and the City of Key Colony Beach. RESOLUTION NO. 589-1989 See Res. Book No. 83 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution confirming the Planning Director's Land Use District Map Boundary QQ 08 1 Interpretation No. 36, part of Government Lot 2, Little Torch Key, RE #113130, #113190, #113200, and #113090. RESOLUTION NO. 590-1989 See Res. Book No. 83 which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES AGENDA ITEM H-3 REGARDING LEASE AGREEMENT WITH BIG PINE KEY ATHLETIC ASSOCIATION, INC. IS RECONSIDERED LATER IN THE MEETING DIVISION OF PUBLIC WORKS Facilities Maintenance Board accepted staff recommendation that the Animal Shelters be open to the public during the following hours only: Saturday - Closed Sunday - Closed Monday - 10:00 a.m. to 1:00 p.m./5:00 p.m. to 6:00 p.m. Tuesday - 10:00 a.m. to 1:00 p.m./5:00 p.m. to 6:00 p.m. Wednesday- 10:00 a.m. to 1:00 p.m./5:00 p.m. to 6:00 p.m. Thursday - 10:00 a.m. to 1:00 p.m./5:00 p.m. to 6:00 p.m. Friday - 10:00 a.m. to 1:00 p.m./5:00 p.m. to 6:00 p.m. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Jeffrey J. Elenewski, Ph.D., in-the amount of $200.00; Richard Hellman, Ph.D., in the amount of $150.00; Mental Health Care Center of the Lower Keys, in the amount of $600.00; Tanju T. Mishara, Ph.D., in the amount of $400.00. COURT-APPOINTED ATTORNEYS, Polley S. Valentine, in the amount of $6,025.00; Maria Betancourt, in the amount of $1,050.00; Susan M. Cardenas, in the amount of $250.00; Michael E. Cox, in the amount of $4,850.75; Roberta S. Fine, in the amount of $448.75; Jeffrey B. Meyer, in the amount of $513.75; Charles Milligan, in the amount of $301.00; John P. Rotolo, in the amount of $350.00; Donald E. Yates, in the amount of $250.00; Jeff D. Gautier, in the amount of $5,000.00. OTHER EXPENSES, Louis J. Spallone, in the amount of $1,000.00; State of Florida, in the amount of $1,149.36. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $307.50; Mary Donahue, in the amount of $162.00; Billie Jean Fase, in the amount of $132.50; Robert Fazio, in the amount of $283.50; Kathleen A. Fegers, in the amount of $1,359.25; Florida Keys Reporting Service, in the amount of $7,344.00; Amy Landry, in the amount of $182.25; Laws Reporting, Inc., in the amount of $30.00; Nancy J. Maleske, in the amount of $1,774.50; Nichols and Hardy, in the amount of $230.00. COURT INTERPRETER SERVICES, J. R. Alayon, in the amount of $385.00; Juan Borges, in the amount of $945.00; Serafin Calero, in the amount of $5.00; Juli Chandler, in the amount of $930.00; Vivian Estrada-Mora, in the amount of QQ 082 $440.00; Humberto Jimenez, in the amount of $30.00; . Manuel Marcial, in the amount of $25.00; Alexandra Ramos, In the amount of $195.00; Robert F. Riggs, in the amount of $210.00; ute Rohe, in the amount of $25.00. EXPERT WITNESS FEES, Steven L. Lawyer, in the amount of $375.00; Ronald Reeves, M.D., in the amount of $300.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $564.01; Regular Witness Fees, in the amount of $5.00. Board approved the following Warrants: GENERAL REVENUE FUND, #114800-#116213, in the amount of $6,828,068.92. ---- SUPPLEMENT TO GENERAL REVENUE FUND, #301-#304, in the amount of $63,70~41. FINE & FORFEITURE FUND, #892-#898, in the amount of $289,674.~ - AIRPORT OPERATION & MAINTENANCE FUND, #562-#566, in the amount of $42,327.95. ROAD & BRIDGE FUND, #579-#582, in the amount of $242,880.~ - ROAD & BRIDGE FUND (Special Projects), #08, in the amount of~575.00. MSD TAX DISTRICT, #1300-#1312, in the amount of $381,988.27. --- MSD - MARINE BANK (Marathon), #508-#510, in the amount of~02,561.85. MSD - PLEDGED FUNDS, #161-#162, in the amount of $500,000.00. LAW LIBRARY FUND, #293-#295, in the amount of $3,454.23:-- CAPITAL PROJECTS FUND, #371-#376, in the amount of $535,471.50. MONROE COUNTY GROUP INSURANCE, #335-#338, in the amount of $700,127.57. CARD SOUND BRIDGE FUND, #295-#298, in the amount of $29,808.2g:-- WORKERS COMPENSATION, #2981-#3014, in the amount of $53,524.59. TOURIST DEVELOPMENT COUNCIL, #619-#620, in the amount of $802,606.90. TRANSLATOR FUND, #238-#241, in the amount of $21,903.23. ---- RISK MANAGEMENT FUND, #53-#55, in the amount of $54,195.7r:-- ---- COMMUNITY DEVELOPMENT BLOCK GRANT, #61 voided. QQ 083 FAIR SHARE IMPROVEMENT TRUST ACCOUNT, #09, in the amount of $2,095.82. PLANNING, BUILDING & CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, #216-#219, in the amount of $525,408.28. MONROE COUNTY UPPER KEYS TRAUMA DISTRICT, #10, in the amount of $140,996.87. Board approved Minutes of the following meetings of the Board of County Commissioners: September II, 1989 - two meetings September 12, 1989 - two meetings September IS, 1989 September 19, 1989 September 20, 1989 September 22, 1989 - two meetings MISCELLANEOUS Board approved the following Tourist Development Council event: The Stictching Trade Show Monday, October 30, 1989 Orlando's Expo Center Registration - $100.00 Travel - Not to exceed $100.00 Total Costs - Not to exceed $200.00 Board approved the following Tourist Development Council event: Deutsches Reisebuero Mini Trade Shows Saturday, November 25, 1989 and Friday, December I, 1989 Orlando - Orange County Convention Center Registration - $ISO.OO per show Travel - Not to exceed $200.00 Total Costs - Not to exceed $500.00 Board approved increased Tourist Development Council funding for Smathers Beach clean-up and maintenance. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Puto, County Administrator Tom Brown, and Social Services Director Louis LaTorre presented the Employee of the Month Award for August to Jane De La Cruz, Transportation Driver, Community Services Division. Mayor Puto and County Administrator Tom Brown made presentation to Jeff Fisher, Extension Director, of an Appreciation Plaque for retired employee Brenda Vidal, Extension Service Office Manager, Community Services Division. Mayor Puto and County Administrator Tom Brown made presentation to Dent Pierce, Public Works Director, of an Appreciation Plaque for retired employee William Gartenmayer, Facility Inspector, Public Works Division. Mayor Puto, County Administrator Tom Brown, and Roads and Bridges Director John Connolly presented an Q~'P084 Appreciation Plaque to retired employee Joseph Gartenmayer, Road Supervisor, Public Works Division. Mayor Puto presented a proclamation in recognition of the Monroe County Pretrial Services Program and commended its staff. Mayor Puto presented a Proclamation proclaiming October 15 - 21, 1989 as NATIONAL BUSINESS WOMEN'S WEEK in Monroe County. Mayor Puto presented a Proclamation proclaiming November II, 1989 as IF YOU ENJOY YOUR FREEDOM, THANK A VETERAN DAY in Monroe County. Motion was made by Mayor Puto and seconded by Commissioner Jones to appoint Samuel "Mickey" Feiner to the Tourist Development Council. Motion carried unanimously. Mickey Feiner addressed the Board regarding the Chambers of Commerce contracts. Motion was made by Commissioner Jones and seconded by Mayor Puto to add this matter to the Agenda as Item B-16. Motion failed for lack of unanimous vote to accept. The County Administrator was then directed to agenda this item for the November lst meeting at a time certain and to so notify the various Chambers of Commerce. Motion was made by Commissioner Jones and seconded by Mayor Puto to approve the Marathon High School's Annual Homecoming Parade on October 27, 1989. Motion carried una- nimously. Commissioner Harvey made a presentation to the Key West Animal Shelter of a check in the amount of $5,807.56 from Ruth Samone, sole surviving member of the Key West Humane Society. Motion was made by Commissioner Harvey and seconded by Mayor Puto to direct that the County erect a plaque at the Key West Animal Shelter in recognition of the Key West Humane Society. Motion carried unanimously. The Board entered into a discussion regarding the proposed Resolution creating an Oversight Contract Review Committee to evaluate contracts awarded to consultants by Monroe County in excess of $10,000.00. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the proposed Resolution with the deletion of the words "awarded to consultants" wherever they appear and also to change the words "after-the-fact" in Paragraph 3 to "before-the-fact". Motion was then made by Commissioner Lytton and seconded by Commissioner Stormont to amend to delete the amount of $10,000.00 wherever it appears and insert in the lieu thereof the amount of $25,000.00. Roll call vote on this amendment was taken with the following results: Commissioner Harvey No Commissioner Jones No Commissioner Lytton Yes Commissioner Stormont Yes Mayor Puto Yes Motion to amend carried. Motion was then made by Commissioner Lytton and seconded by Commissioner Stormont to amend to say that any contract would be exempt from this Resolution if the Board of County Commissioners declares a formal emergency and waives procurement policies. Roll call \ QQ 085 vote on this amendment was taken with the following results: Commissioner Harvey No Commissioner Jones No Commissioner Lytton Yes Commissioner Stormont Yes Mayor Puto Yes Motion to amend carried. Roll call vote on the original motion to adopt the following Resolution as amended was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner Stormont No Mayor Puto Yes Motion carried. RESOLUTION NO. 591-1989 See Res. Book No. 83 which is incorporated herein by reference. ADDITIONAL ACTION ON THE ABOVE RESOLUTION TAKES PLACE LATER IN THE MEETING Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve Commissioner Jones' prior travel to Tallahassee on August 22nd to attend the Governor's Conference. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to add to the Agenda an item regarding Commissioner Harvey's travel to the funeral of Claude Pepper. Motion carried unanimously. Motion was then made by Commissioner Jones and seconded by Commissioner Harvey to approve Commissioner Harvey's prior travel to the funeral of Claude Pepper. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Mayor Puto to approve an overnight waiver at Harry Harris Park on November II, 1989 concerning the Key Largo Chamber of Commerce Island Jubilee event with the proviso that the large lights are not lit in the park overnight. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Mayor Puto to approve travel for Yvonne Harper, Solid Waste Task Force member, to attend the Solid Waste Composting Technologies Seminar at Lake Buena Vista on November 9th, said costs to come out of the MSD Budget. Motion carried unanimously. Commissioner Lytton discussed the idea of an "events" magazine. Sandra Higgs, TDC Administrator, addressed the Board. After lengthy discussion, motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt, in concept, the publication of an events magazine, to direct that the Tourist Development Council and the Fine Arts Council collaborate on a plan and bring same back to the Board, and to direct the County Attorney to explore the revenue aspects of such a magazine which would be benefiting the Fine Arts Council. The following persons addressed the Board: Parvan Bakardjiev, Florence Reckert, QQ 086 Monica Haskell and Arlene Reiser. Roll call vote was unani- mous. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to add to the Agenda an item to re- address the BRW consulting contract for $305,000.00. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton No Commissioner Stormont No Mayor Puto No Motion failed. Tom Brown, County Administrator, addressed the Board and requested clarification regarding the previously adopted Resolution regarding the creation of the Oversight Contract Review Committee. Motion was made by Commissioner Lytton and seconded by Mayor Puto to reconsider Agenda Item B-ll regarding the creation of an Oversight Contract Review Committee. Motion carried unanimously. After discussion, motion was made by Commissioner Lytton and seconded by Mayor Puto to amend the previously adopted Resolution to add an "effective" clause to indicate that the provisions of the Resolution will become effective upon the formal appointment of the Review Committee, and to direct the County Administrator to agenda such appointments for the next Board meeting. Motion was made by Commissioner Stormont to amend that as part of the Committee determination, the duration, qualifications and monetary considerations of the Committee be brought back to the Board for consideration at the same time as the appointments are to be made. The amendment was accepted by the maker and the seconder. Motion was then made by Commissioner Harvey to amend the Resolution to remove the words "before-the-fact". During discussion, thi~ amendment was withdrawn. Roll call vote on the original motion as amended was unanimous. BULK APPROVAL The Board entered into a discussion regarding the proposed County Communications Network. George Harper, Assistant County Administrator for Management Services, addressed the Board. Motion was made by Commissioner Stormont and seconded by Mayor Puto to grant approval to advertise a Request For Proposals for the Monroe County Communications Network and to direct that pre-selection be made on a ranking by points basis and that the ranking of the technical point determination be added to the Board's ranking by points for final determination. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Mayor Puto to adopt the following Resolution authorizing execution of a renewal of a Lease Agreement with F. James Chaplin and Bettye B. Chaplin for office space for the Supervisor of Elections in the Chaplin Building, Marathon. Motion carried unanimously. RESOLUTION NO. 592-1989 See Res. Book No. 83 which is incorporated herein by reference. Danny Kolhage, Clerk, and Tom Long, Court Administrator, addressed the Board. Motion was made by QQ 087 Commissioner Stormont and seconded by Commissioner Lytton to waive competitive bid processes in that the contract exten- sion was part of a previous Request For Proposal and adopt the following Resolution authorizing execution of a Contractor Agreement with Joe Beuchat concerning the deve- lopment of software to implement an Integrated Criminal Justice Information System, subject to amending the second paragraph in Article II of the Contract to change the date to January I, 1990 and add the words "pursuant to confir- mation by the Board of County Commissioners" at the end of that paragraph. Motion carried unanimously. RESOLUTION NO. 593-1989 See Res. Book No. 83 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution authorizing execution of a Contract with the Pretrial Services Resource Center concerning an Enhanced Pretrial Services Delivery Program. Motion carried unanimously. RESOLUTION NO. 594-1989 See Res. Book No. 83 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the request by the Upper Keys Softball League to use Harry Harris Park on Friday night, October 27th through Sunday, October 29th, and also to request the County Administrator, through the Clerk, to set up a special maintenance account to receive funds to be used for the maintenance of Harry Harris Park. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve and authorize execution of the revised Consent Order with the State of Florida Department of Environmental Regulation (OGC Case No. 89-0513) for the Key Largo Landfill. Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve, per staff con- ditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Raymond F. Opray for a 200 square foot addition to existing 300 square foot cart building for storage and parking only on Lot 12, Fairway Lakes, Key Largo; Zoned UR - Urban Residential; Coastal Flood Zone AE - Panel 0658F. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Robert Ripich for a 200 square foot addition to existing 300 square foot cart building for storage and parking only on Lot 12, Fairway Lakes, Key Largo; Zoned UR - Urban Residential; Coastal Flood Zone AE - Panel 0658F. Motion carried unanimously. COUNTY ATTORNEY After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Harvey to grant per- mission to advertise for three Public Hearings a proposed Ordinance regulating the speed and operation of vessels upon waterways within the jurisdiction of Unincorporated I QQ 088 Monroe County; to change Paragraph B of Section 5 of the proposed Ordinance to read a "speed limit of five miles per hour (5 m.p.h.)" instead of twenty miles per hour (20 m.p.h.); and also to direct the County Administrator t~ con- tact the Coast Guard and Marine patrol and request the~r input as to enforcement. Motion carried unanimously. Mr. Ludacer advised the Board of a Quitclaim Deed received from the Forida Department of Transportation con- veying the Old Seven Mile Bridge to Monroe County. Bob Harris of Post, Buckley, Schuh & Jernigan addressed the Board. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Harvey to direct the County Administrator to send a letter to the Florida Department of Transportation regarding the assurances received from the former DOT Administration that they would send the title to the Trustees and that the Trustees in turn would convey back to the County an ingress/egress easement over the roadway surface so that the County would have no maintenance responsibilities. Motion carried unanimously. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent. MUNICIPAL SERVICE DISTRICT (WASTE) Charles Aguero, MSD Director, addressed the Board. After lengthy discussion, motion was made by Commissioner Harvey and seconded by Commissioner Stormont to pay 5% simple interest per annum on escrow funds for tipping fees. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the advertisement for Public Hearing of a proposed Ordinance relating to the collection, disposal and assessment for solid waste within Monroe County, Florida, to be more commonly known as the Monroe County Solid Waste Collection, Disposal and Assessment Ordinance; providing definitions; setting forth findings; providing for the statement of intent; providing for the mandatory disposal of domestic solid waste; setting forth the description of the service to be provided; creating service areas; providing for the duties of collec- tors; providing for the regulation of collection; providing for the responsibility of property owners and occupants of improved property; regulating the collection and disposal of construction waste; setting forth prohibited acts; providing for penalties; creating the Monroe County Solid Waste Municipal Service Benefit Unit; providing for the prima facie evidence of accumulation of waste; imposing an annual solid waste assessment; setting forth procedures for the adoption of the Rate Resolution; setting forth procedures for the adoption of Annual Solid Waste Assessment Roll; pro- viding for the revision of Rate Resolutions; providing the procedure for the adoption of an addendum to Solid Waste Assessment Roll; providing for the utilization of statutory collection procedures; providing alternative collection pro- cedures; providing that solid waste assessments collected under the alternative collection procedures shall constitute a lien upon residential property; providing procedures for the collection of the solid waste assessment by the Tax C~l~ector; providing for discharge of recorded liens; pro- v1d~ng for the enforcement of delinquent solid waste QQ 089 assessments; providing for interim collection service charges on new construction; providing for the correction of errors and omissions; establishing the calculation of time; providing for the severability; providing for supplemental authority; superseding all previously adopted conflict pro- visions; and providing for an effective date. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the advertisement for Public Hearing of a proposed Ordinancce stablishing spe- cial assessments and service charges for garbage collection rates for residential and collection service from January I, 1990 through December 31, 1990; providing for severability; providing for repeal of all Ordinances or parts of Ordinan- ces in conflict herewith; and providing an effective date. Ted Carter and Diana Errera addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to submit formal Solid Waste Collection Contracts to Baltuff and Florida Disposal and, if executed by the franchisees, to authorize subsequent execu- tion by the Mayor. Motion carried unanimously. After lengthy discussion regarding requests from both the Municipal Service District and the Public Works Division to negotiate for new dump trucks, motion was made by Commissioner Jones and seconded by Commissioner Lytton to authorize the advertisement for bids on a fleet price for five trucks. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to pay the $106,540.00 fine imposed by the Department of Environmental Regulation regarding Consent Order 88-0554. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton Yes Commissioner Stormont Yes Mayor Puto NO Motion carried. Motion was then made by Commissioner Stormont and seconded by Mayor Puto to direct the County Administrator to request under the Public Information Act the complete file from DER concerning this mitigation, including all documentation of charges filed against the County. 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. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to transfer $7,000.00 from the Contingency Fund to assist in payment of the costs to DER. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner Stormont Yes Mayor Puto No QQ 090 Motion carried. Motion was made by Commissioner stormont and seconded by Commissioner Jones to grant permission to adver- tise an RFP for contractors to pick up the bulky white goods and yard trash unable to be done by the present contractors. Ted Carter addressed the Board. Roll call vote was unani- mous. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to authorize final payment on the pit burner at Cudjoe Key of $6,720.00 to Vulcan Reduction Incorporated. Motion carried unanimouslly. The Board entered into a discussion regarding the sale of the "Recycling" T-Shirts. After discussion, motion was made by Commissioner Lytton and seconded by Mayor Puto to authorize the sale of the Recycling T-Shirts and to direct the County Administrator to set up the proper budge- tary accounts. 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. The Board entered into a discussion regarding the execution of Addendum No. 2 to the Agreement for Management Advisory Services with Hutchinson, Moore, Gravett, Errera & Druker, P.A. After advice from the County Attorney that this Addendum may be in violation of the County's procure- ment policy, motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue to the next meeting. Roll call vote was unanimous. The Board unanimously agreed to hold a Special Meeting at 5:00 p.m. on Thursday, November 9, 1989 at Key Colony Beach City Hall regarding setting garbage rates for next year. DIVISION OF COMMUNITY SERVICES Airport Services Peter Horton, Assistant County Administrator, addressed the Board and advised that APCOA was not going to honor its existing contract to develop, maintain and operate the parking lot at the Key West International Airport. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to bill APCOA for preliminary architec- tural costs up to $50,000.00. Motion carried unanimously. Motion was then made by Commissioner Jones and seconded by Commissioner Lytton to put the project back out for bids. Motion carried unanimously. Mr. Horton discussed the expiration of the Eastern Airlines lease on September 30th. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Harvey to accept Staff's recommendation to allow Continental Express to continue on as successor of Eastern Airlines. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded QQ 0 9 1 by Commissioner Jones to adopt the following Resolution authorizing execution of a Lease with Rockland Key International, Inc. concerning space at the Key West International Airport. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Stormont No Mayor Puto Yes Motion carried. RESOLUTION NO. 595-1989 See Res. Book No. 83 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to deny a proposed Resolution waiving the permit fees, except for costs incurred for advertising, for the Rockland Key International, Inc. hangar at Key West International Airport. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution authorizing execution of a No Cost 30-Day Time Extension Change Order to Contract with Frank Keevan & Son, Inc. con- cerning the renovation of the restrooms at the Key West International Airport, subject to FAA approval. Motion carried unanimously. RESOLUTION NO. 595A-1989 DIVISION OF GROWTH MANAGEMENT Bob Herman, Deputy Director, advised that the new FEMA maps would go into effect on October 17, 1989. The Board instructed Mr. Herman to dispense such maps to the County Commissioners, County Attorney, County Administrator, and Libraries and to retain the remainder for public use. Environmental Resources Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt the following Resolution authorizing execution of an Amendment to the Contract with Sedway Cooke, Associates regarding the deve- lopment of a Community Plan for Big Pine Key as originally promulgated in Resolutions No. 393-1988 and 633-1988. 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. RESOLUTION NO. 596-1989 See Res. Book No. 83 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve and authorize publication of the Public Notice of Available Traffic Capacity. Roll call vote was unanimous. QQ 092 DIVISION OF MANAGEMENT SERVICES George Harper, Assistant County Administrator, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution authorizing the submission of a Grant Application to the Florida Department of Natural Resources regarding Caloosa Cove, and directing the execution of same by the proper County authorities. Motion carried unanimously. RESOLUTION NO. 597-1989 See Res. Book No. 83 which is incorporated herein by reference. The Board entered into a discussion concerning Group Excess/Aggregate - Life AD&D with John Alden Company, effective 10/1/89 - 90. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve binding coverage with John Alden Company for Excess Coverage for the Group Health Program: employee rates - $22.47 per employee per month; dependent family rates - $46.27 per employee per month. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve binding coverage with John Alden Company for Aggregate Coverage on the Group Health Program: $1.50 per employee per month. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to approve binding coverage with John Alden Company for Life and Accidental Death and Dismemberment Coverage: Life rates - $5.30 per month per employee; AD&D rates - $.50 per month per employee. Motion carried unanimously. The Board discussed renewal of the Arthur J. Gallagher & Co. contract. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to approve renewal of the Arthur J. Gallagher & Co. Service Contract for administration of the Workers Compensation Plan <including eight Loss Prevention Units at $743.00 each); total of $29,577.00 through September 30, 1990. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to waive compliance with the Monroe County Purchasing Policies regarding the bid process for renewal of the Arthur J. Gallagher & Co. Contract. Motion carried unanimously. The Board entered into a discussion regarding grants writing. Motion was made by Commissioner Jones to reinstate the position of Grants Writer. During discussion, motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Jones to accept the County Administrator's recommendation to waive policies and procedures and to extend the current contract with Langton Associates in an amount not to exceed $29,000.00 and nego- tiate and bring back to the Board a new proposed contract. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to reconsider Agenda Item H-3 regarding the proposed Lease with the Big Pine Key Athletic Association. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to amend Paragraph 5 to indicate that during the term of the Lease, the Lessee shall take all appropriate insurance, and also to amend all other appropriate wording. Motion carried unanimously. During I QQ 093 discussion, motion was made by Commissioner Stormont and seconded by Commissioner Lytton to continue the proposed new Lease to the next meeting. Motion carried unanimously. Bill Lemmon of the Big Pine Key Athletic Association addressed the Board. Motion was made by Commissioner Stormont to adopt an Emergency Resolution to add maintenance by the County as part of the present Lease. Motion died for lack of a second. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Resolution to extend the existing Lease Agreement for ninety days beyond its due date and to modify the current Lease to include maintenance by the County. Motion carried unani- mously. RESOLUTION NO. 598-1989 See Res. Book No. 83 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Joe London, Fire Marshal, representing Assistant County Administrator Reggie Paros, addressed the Board and indicated that Varley-Campbell & Associates had completed the Fire Master Plan and would present it to the Board on October 3lst. Mr. London advised the Board that the advertisement for Translator Consultants had produced no responses. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to authorize the County Administrator to negotiate to fulfill the County's needs in the area of a consultant for the Translator System. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Mayor Puto to adopt the following Resolution acccepting and authorizing execution of a Supplemental Proposal for Master Fire Plan Development Services by Varley-Campbell & Associates, Inc., subject to verification of the current status of the Varley-Campbell contract. Motion carried unanimously. RESOLUTION NO. 599-1989 See Res. Book No. 83 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt the following Resolution authorizing (as the least costly method for con- tending for the translator channels) execution of a Settlement Agreement with Beacon Broadcasting Corporation concerning amendment of Monroe County's application with the Federal Communications Commission regarding a Television Translator Station. Motion carried unanimously. RESOLUTION NO. 600-1989 See Res. Book No. 83 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS David Koppel, Director of Engineering, representing Assistant County Administrator Dent Pierce, addressed the Board concerning appraisals for Desert Palm Motel. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to authorize that the appraisal be conducted by Nancy Shaw of Plantation Key for the sum of $500.00. Motion QQ 094 carried unanimously. Mr. Koppel advised the Board that the water line required by the Florida Keys Aqueduct Authority to servi~e the Temporary Jail Facility at Plantation Ke~ had an est~- mated construction cost of $110,000.00. Mot~on was made by Commissioner Jones and seconded by Commissioner Lytton to approve, in concept, construction of a 12" water line as required by the Florida Keys Aqueduct Authority approxima- tely 2400' to service the new Jail Facility at Plantation Key. Motion carried unanimously. Mr. Koppel discussed the lights on U.S. I in Marathon and indicated that the Department of Transportation would be proposing to the County an Agreement concerning the payment for the lighting on U.S. I in Marathon. Mr. Koppel advised the Board that his review of the proposed transfer station at Key Largo indicated that the north and south turn lanes requested by the Board of County Commissioners were not practical. Mr. Koppel and the Board briefly discussed the issue of parking meters in the area of Jackson Square, and the ownership of certain County roads in the City of Key West. Consulting Engineer Bob Harris of Post, Buckley, Schuh & Jernigan discussed the public landing area at Card Sound Bridge and the need for repairs at that site. He advised the Board that the problem in the past had been a question of title and a contention between the County and the Department of Natural Resources. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to refer the matter of the title to the public landing area at the Card Sound Bridge to the County Attorney for resolution and directed the Staff to obtain costs of blocking the access to that area. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed appraisals for the Big pine Key Leisure Club property. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to authorize the County Administrator to obtain appraisals for the Big Pine Key Leisure Club pro- perty. Motion carried unanimously. Mr. Brown advised the Board of a letter from Tel requesting to begin negotiations on a new Cable Franchise Contract. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to amend the contract with Martin E. Firestone of Mullin, Rhyne, Emmons & Topel by an additional $3,500.00 to assist with the negotiations of the County and Tel for a new Cable Franchise Contract. Motion carried unanimously. The County Administrator discussed the RFP for Construction Management Services. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to expand the scope of the RFP to consider all pending and future projects. Motion carried unanimously. Mr. Brown referred to a letter from Tom Pelham of the Department of Community Affairs with reference to the \ QQ 095 requirements of the 9-J-5 Master Plan and the Board's pre- vious request for a one-year extension. (NO COpy OF THIS LETTER WAS PROVIDED TO THE CLERK) Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to authorize the Mayor to send a letter to Secretary Pelham of the Department of Community Affairs indicating that it is the Board's intention to complete the requirements of the 9-J-5 Master Plan on schedule and that the Board would appreciate consideration of whatever extension is possible in accordance with the law if the same is required. 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. COUNTY ADMINISTRATOR Board approved and authorized payment of the following invoices: I. Fleishman-Hillard, Inc., in the amount of $7,000.00, for professional services re Coastal Barrier Legislation for the month of July, 1989. 2. Cohen, Dippell and Everist, P.C., in the amount of $413.76, for professional services re Monroe County Translator System. 3. Agile Courts Construction Company, in the amount of $12,175.51, for professional services re Higgs Beach Tennis Courts Resurfacing (Final Payment). 4. Divoll Construction, Inc., in the amount of $13,775.44, for professional services re Key West Courthouse Restroom Rehabili- tation (Final Payment). 5. Frank Keevan & Son, Inc., in the amount of $21,740.00, for professional services re Higgs Beach Pier (Final Payment). 6. Mid-Keys Security Systems, in the amount of $2,674.50, for professional services re Stock Island Jail Fire Alarm System (Final Payment). 7. Public Financial Management, Inc., in the amount of $2,539.20, for professional services for the month of August, 1989. 8. Floyd Pearson Richman Greer Weil Zack & Brumbaugh, in the amount of $108,271.41, for professional services re New Port Largo. 9. Floyd Pearson Richman Greer Weil Zack & Brumbaugh, in the amount of $36,574.70, for professional services re New PQrt Largo. QQ 096 10. Victor N. DeCario & Associates, Inc., in the amount of $1,204.00, for professional services rendered 9/1/89 thru 9/12/89 re Monroe County Geographic Information System. II. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $404.60, for General Capital Projects services for August, 1989. 12. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $832.50, for Pay Request #5 for professional services re Plantation Key Atrium - Planning. 13. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $543.80, for Pay Request #l for professional services re Marathon Parking Lot. 14. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,498.59, for Pay Request #29 for professional services re Higgs Beach Pier. 15. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,361.57, for Pay Request #25 for professional services re Higgs Beach Gun Mounts. 16. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $555.00, for Pay Request #6 (Final) for professional services re Plantation Key Atrium - Planning. 17. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $2,669.00, for Pay Request #2 for professional services re Marathon Parking Lot. 18. H. W. Beyer Funeral Home, Inc., in the amount of $622.40, for professional services re Pauper Burial. 19. Transportation Consultants, Inc., in the amount of $6,000.00, for professional services re Monroe County Fleet Maintenance Operations. 20. Transportation Consultants, Inc., in the amount of $745.32, for expenses incurred re Monroe County Fleet Maintenance Operations. 21. Rosenman & Colin, in the amount of $2,238.07, for professional services re Monroe County Translator. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Mayor Puto to approve the Sheriff's request for two addi- tional appointments to the Jail Advisory Committee: Ruth Ackerman, President and Chief Executive Officer of TIB Bank, Key Largo, and William R. Kean, Realtor/Associate, Good Earth Realty, Key Largo. Motion carried unanimously. QQ 097 COUNTY CLERK Motion was made by Commissioner stormont and seconded by Commissioner Harvey to clarify the Board's pre- vious action concerning application of the Purchasing Policies and Procedures to the Tourist Development Council to indicate that those policies do not extend to event funding. Motion carried unanimously. AWARD OF BIDS The Board was advised of receipt of the following bids for Refurbishment of One 1978 American LaFrance Pumper for Municipal Services Taxing District 5: Southern Coach, Inc. Refurbishment Optional Work $ 62,650.00 46,921.00 $109,571.00 $ 99,400.00 33,438.00 $132,838.00 $121,950.00 $121,950.00 Dowling Fire Equipment New body, pump, etc. Optional Work Ten-8 Fire Equipment New Pumper No Option List Joe London recommended that the award be made to the low bidder, Southern Coach, Inc. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to accept the recommendation of Staff to award the bid to the low bidder, Southern Coach, Inc., in the amount of $109,571.00. Motion carried unanimously. MISCELLANEOUS No action was taken on a proposed Resolution exempting and waiving any prohibitions concerning conflict of interest for the present members of the Tourist Development Council. Motion was made by Commissioner Jones and seconded by Mayor Puto to approve the Bahama Village Goombay Festival out of TOC District I, TWo Penny, Event Funds, in an amount not to exceed $29,000.00. During discussion, Mayor Puto withdrew his second of the motion. After further con- sideration, Mayor Puto asked that this item be withdrawn from the Agenda. There being no further business, the meeting was adjourned. * * * * *