11/22/1989 Regular
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Regular Meeting
Board of County Commissioners
Wednesday, November 22, 1989
Key Colony Beach
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a..m. on the above
date at the City Hall in Key Colony Beach. Present and
answering to roll call were Commissioner Wilhelmina Harvey,
Commissioner Douglas Jones, Commissioner Eugene Lytton,
Commissioner Michael Puto, and Mayor John Stormont. Also
present were Danny L. Kolhage, Clerk; Randy Ludacer, County
Attorney (who arrived later in the day); Garth Coller,
Assistant 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.
Commissioner Lytton discussed the County Attorney's
ruling on a motion the previous day in the Board of Appeals
hearing concerning an appeal by Eric and Ruth Witzel of the
Planning Commission's decision to deny their dimensional
variance for property located on Lot 39, Block 4, Blue Water
Trailer Village, Section 4, 117 Normandy Drive, Tavernier,
Key Largo. Garth Coller, Assistant County Attorney,
discussed the procedure when a motion is withdrawn by the
maker and indicated that it was not necessary for the
seconder of the motion to withdraw the second in order for
the motion to be removed from consideration. Based upon
this decision, the Chair ruled that the action taken on the
previous day concerning the Board of Appeals was improper.
Motion was made by Commissioner Lytton and seconded by Mayor
Stormont to adopt the following Resolution to rescind
Resolution No. 688-1989 and to uphold the Planning
Commission's decision with certain modifications because of
undue hardship and the parameters involved. Roll call vote
was taken with the following results:
Commissioner Harvey Yes
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Puto No
Mayor Stormont Yes
Motion carried.
RESOLUTION NO. 690-1989
See Res. Book No. 85 which is incorporated herein by
reference.
BULK APPROVALS
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to approve the following items by una-
nimous consent:
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
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RESOLUTION NO. 691-1989
RESOLUTION NO. 692-1989
RESOLUTION NO. 693-1989
RESOLUTION NO. 694-1989
RESOLUTION NO. 695-1989
RESOLUTION NO. 696-1989
RESOLUTION NO. 697-1989
RESOLUTION NO. 698-1989
RESOLUTION NO. 699-1989
RESOLUTION NO. 700-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
transfer of funds.
RESOLUTION NO. 701-1989
RESOLUTION NO. 702-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board approved the request by the Fraternal Order of Police
to use the north end of Harry Harris Park on March 24, 1990
from 12:00 p.m. to 6:00 p.m. for a "Fifties & Sixties Music
Outdoor Concert".
Board adopted the following Resolution authorizing approval
of the donation of the circulation desk, removed from the
Old Key Largo Branch Library, to the Plantation School.
RESOLUTION NO. 703-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board granted approval to the Social Services Department to
remove the following items of surplus property from the
Nutrition Program inventory:
5347-030
5347-019
5347-010
5347-009
5347-020
5347-021
5347-022
5347-016
5347-023
1837-1
1818-2
1818-1
5220-26
21,000 BTU Air Conditioner
21,000 BTU Air Conditioner
Typewriter, Portable
Typewriter, Portable
Sewing Machine
Sewing Machine
Sewing Machine
Sewing Machine
TV, B/W, 19" Portable
Calculator
Platform Scale
Ice Maker
Swivel Chair
Board granted approval to the Library to remove the
following items of surplus property from their inventory:
267-478
Manual Typewriter
Metal Desk
Board granted approval to the Extension Service Department
to remove the following item of surplus property from their
inventory:
6302-29
Radio Shack Adding Machine
Board granted approval to the Court Administrator to remove
the following items of surplus property from their inven-
tory:
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2332-65
2322-017
Chair
IBM Selectric II Typewriter
Board granted approval to the Department of Health and
Rehabilitative Services to remove the following item of
surplus property from their inventory:
2000-459
Konica X-Ray Film Developer
Board granted approval to the Public Works Department to
remove the following item of surplus property from their
inventory:
0920-358
Lawn Mower
Board granted approval to Emergency Medical Services to
remove the following item of surplus property from their
inventory:
1427-4A
Physio Control Cardiac Monitor
Board adopted the following Resolution authorizing execution
of a Lease Agreement with David W. Wolkowsky for office
space for the Public Defender in the Kress Building in Key
West.
RESOLUTION NO. 704-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of an Agreement with the South Florida Employment and
Training Consortium regarding the Job Training Partnership
Act Intergovernmental Liaison Office.
RESOLUTION NO. 705-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of an Agreement with the State of Florida Department of
Health and Rehabilitative Services regarding services to be
provided by the County Public Health Unit.
RESOLUTION NO. 706-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board authorized payment of refund in the amount of $50.00
to Keys Constructors, Inc. for a Fire Marshal's fee which
had previously been paid.
Board adopted the following Resolution amending Resolution
No. 622-1989 concerning the transfer of funds.
RESOLUTION NO. 707-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution amending Resolution
No. 623-1989 concerning the transfer of funds.
RESOLUTION NO. 708-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
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No. 644-1989 concerning unanticipated funds.
RESOLUTION NO. 709-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 710-1989
RESOLUTION NO. 711-1989
RESOLUTION NO. 712-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of an Additional Services Agreement with Hansen Lind Meyer,
Inc. concerning the water main extension at the Plantation
Key Detention Facility.
RESOLUTION NO. 713-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board approved request from Southern Bell for use of Harry
Harris Park from 9:00 a.m. to 5:00 p.m. on December 3rd for
an office picnic for Upper Keys' employees.
COUNTY ATTORNEY
Board adopted the following Resolution amending the third
paragraph of Page 1 of Resolution No. 608-189 concerning a
Petition to the 1989 Florida Legislature to authorize coun-
ties to adopt the voted gas tax by majority plus one vote of
the several local governing bodies; and directing the Clerk
to forward copies to the Monroe County Legislative
Delegation, the Senate President, the House Speaker and the
Governor.
RESOLUTION NO. 714-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of a Restrictive Covenants document between the State of
Florida Division of Historical Resources, the Key West Art &
Historical Society, and Monroe County in order to preserve
the facilities for which the Key West Lighthouse is listed
in the National Register of Historic Places and to permit
the enhancement of the Lighthouse through restoration.
RESOLUTION NO. 715-1989
See Res. Book No. 85 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Code Enforcement
Board adopted the following Resolution authorizing execution
of an Employment Agreement with David P. Kirwan, P.A.,
attorney at law, pertaining to Mr. Kirwan's employment as
attorney for the Monroe County Code Enforcement Board.
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RESOLUTION NO. 716-1989
See Res. Book No. 85 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Environmental Resources
Board adopted the following Resolution stating its intent to
abandon the presently closed portion of Old State Road 905
lying easterly of its intersection with New State Road 905
on North Key Largo within a period of two years in order to
provide the roadbed as an area from the mitigation of a
vegetation removal project at Ocean Reef.
RESOLUTION NO. 717-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number 45, Tract A, Anchor Drive, Key Largo.
RESOLUTION NO. 718-1989
See Res. Book No. 85 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Board adopted the following Resolution authorizing execution
of Amendment Number 1 to an Agreement with the State of
Florida, Department of State, Division of Historical
Resources, regarding the Historic Preservation Grant Award
for the West Martello Tower Restoration Project.
RESOLUTION NO. 719-1989
See Res. Book No. 85 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Communications
Board adopted the following Resolution authorizing execution
of an Employment Agreement with Gerald N. Leggett concerning
his employment in the position of Communications Director.
RESOLUTION NO. 720-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Fire Marshal
Board adopted the following Resolution authorizing execution
of an Agreement with the Islamorada Fire and Rescue Corps,
Inc. concerning the lease of one used patrol vehicle.
RESOLUTION NO. 721-1989
See Res. Book No. 85 which is incorporated herein by
reference.
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Emergency Medical Services
Board adopted the following Resolution accepting the award
of Emergency Medical Services (EMS) Matching Grant No. LP199
in the amount of $5,000.00 and authorizing execution of the
EMS Matching Grant Agreement and the Request For Matching
Grant Distribution.
RESOLUTION NO. 722-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution accepting the award
of Emergency Medical Services (EMS) Matching Grant No. LP200
in the amount of $35,739.00 and authorizing execution of the
EMS Matching Grant Agreement and the Request For Matching
Grant Distribution.
RESOLUTION NO. 723-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution accepting the award
of Emergency Medical Services (EMS) Matching Grant No. LP198
in the amount of $45,600.00 and authorizing execution of the
EMS Matching Grant Agreement and the Request For Matching
Grant Distribution.
RESOLUTION NO. 724-1989
See Res. Book No. 85 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Board adopted the following Resolution authorizing execution
of an Interlocal Agreement between Monroe County and Collier
County concerning maintenance assistance on Loop Road.
RESOLUTION NO. 725-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board granted approval to negotiate for the purchase of the
Desert Palm Motel property on Plantation Key.
Engineering
Board granted approval to post "No Motorized Vehicles" signs
on Avenue A, Palm Villa Subdivision, Big Pine Key.
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 $7,482.32, for professional services
through October 31, 1989.
2. Floyd Pearson Richman Greer Weil Zack &
Brumbaugh, in the amount of $20,736.25,
for professional services re New Port
Largo v. Monroe County.
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3. Rosenman & Colin, in the amount of
$2,829.76, for professional services re
Monroe County Translator System.
Board adopted the following Resolution authorizing execution
of a Consulting Agreement with Henry Naubereit as Translator
Engineer.
RESOLUTION NO. 726-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board approved the following Schedule of Board of County
Commissioners Meetings:
January 2nd and 3rd
Plantation Key Courtroom
January 23rd and 24th
February 13th and 14th
March 6th and 7th
Marathon SubCourthouse
Key West Courtroom "B"
Plantation Key Courtroom
March 27th and 28th
Marathon SubCourthouse
April 17th and 18th
May 8th and 9th
May 29th and 30th
Key West Courtroom "B"
Plantation Key Courtroom
Key Colony Beach City Hall
June 19th and 20th
Key West Courtroom "B"
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Peter M.
Bursten, Ph.D., in the amount of $500.00: Richard Hellman,
Ph.D., in the amount of $200.00: Guillermo D. Marcovici,
M.D." in the amount of $1,800.00: Mental Health Care Center
of the Lower Keys, in the amount of $300.00: Tanju T.
Mishara, Ph.D., in the amount of $800.00: Jeffrey Elenewski,
in the amount of $400.00.
COURT-APPOINTED ATTORNEYS, Larry R. Erskine, in the
amount of $700.00: Janine Gedmin, in the amount of $968.60:
Michael S. Gilbert, in the amount of $850.00: Jeffrey B.
Meyer, in the amount of $1,262.50: Leonard F. Mikul, in the
amount of $350.00: Thomas J. Sireci, Jr., in the amount of
$250.00: Timothy N. Thomes, in the amount of $2,650.00:
Joseph B. Wolkowsky, in the amount of $3,634.00: Carol Ann
Wolf, in the amount of $158.50.
OTHER EXPENSES, Louis J. Spallone, in the amount of
$1,000.00.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $578.50: Carol A. Cummings, in
the amount of $236.00: Kathleen A. Fegers, in the amount of
$5,281.50: Florida Keys Reporting, in the amount of $135.00:
Nancy J. Maleske, in the amount of $1,034.00: Nichols and
Hardy, in the amount of $1,128.00: Diane Oster, in the
amount of $67.50.
COURT INTERPRETER SERVICES, J. R. Alayon, in the
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amount of $295.00: Juan Borges, in the amount of $145.00:
Serafin Calero, in the amount of $20.00: Juli Chandler, in
the amount of $300.00: Jorge E. Galvan, in the amount of
$160.00: Alexandra Ramos, in the amount of $145.00: Witold
Wojaczek, in the amount of $25.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $490.00: Regular Witness Fees, in the amount of
$2,799.70.
Board approved the following Warrants for Fiscal Year 1989-
1990:
GENERAL REVENUE FUND, #117308-#118098, in the
amount of $5,912,828.99. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #306-#308, in
the amount of $94,79~23.
FINE ~ FORFEITURE FUND, #905-#913, in the amount of
$1,490,353.62.
AIRPORT OPERATION & MAINTENANCE FUND, #572-#574, in
the amount of $73,593.28.
ROAD & BRIDGE FUND, #584-#585, in the amount of
$385,137.~ - ----
MSD TAX DISTRICT, #1316-#1328, in the amount of
$817,048.65. ---
MSD - MARINE BANK (Marathon), #513-#517, in the
amount of-s377,728.27.----
MSD - PLEDGED FUNDS, #165-#167, in the amount of
$600,000.00.
LAW LIBRARY FUND, #297, in the amount of $934.40.
CAPITAL PROJECTS FUND, #380, in the amount of
$175,543.11. ----
MONROE COUNTY GROUP INSURANCE, #343-#346, in the
amount of $50,195.28.
CARD SOUND BRIDGE FUND, #299-#302, in the amount of
$131,088.~ ----
WORKERS COMPENSATION, #3035-#3059, in the amount of
$50,074.76.
TOURIST DEVELOPMENT COUNCIL, #622-#623, in the
amount of $293,716.03.
TRANSLATOR FUND, #243-#244, in the amount of
$14,278.08. ----
RISK MANAGEMENT FUND, #60-#62, in the amount of
$54,035.3~ ----
MARINERS HOSPITAL SPECIAL TAX DISTRICT, #55, in the
amount of $.49.
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #221-#225, in the amount of
$522,197.00.
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UPPER KEYS TRAUMA DISTRICT, #11-#12, in the amount
of $318,801.18.----
Board approved Minutes of the following meetings of the
County Commission: 10/10/89, 10/11/89, 10/26/89, 10/31/89,
and 11/2/89.
Board adopted the following Resolution rescinding Resolution
No. 564-1989 pertaining to the recordation of a plat for
Little Crawl Key Subdivision.
RESOLUTION NO. 727-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 565-1989 pertaining to the recordation of a plat for
Sunrise Isle Subdivision.
RESOLUTION NO. 728-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Board granted approval to the Clerk to transfer the
following item of surplus property to the City of Key West:
0204-3
IBM Correcting Selectric II Typewriter
TOURIST DEVELOPMENT COUNCIL
Board approved payment of Tourist Development Council expen-
ditures in the amount of $82,811.05 (Input Date 11/8/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $79,521.04 (Input Date 11/8/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $85,734.61 (Input Date 11/8/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $625.00 (Input Date 11/9/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $1,500.00 (Input Date 11/16/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $2,050.00 (Input Date 11/16/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $6,447.92 (Input Date 11/16/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Invoice Number P9-3563 in the
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amount of $2,484.77 to Tinsley Advertising for stationery.
Board adopted the following Resolutions transferring Tourist
Development Council funds.
RESOLUTION NO. 729-1989
RESOLUTION NO. 730-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Stormont discussed the following items:
efforts to reduce paperwork, agenda items, the concept that
each Commissioner would handle the ceremonial duties of
Mayor in each of their own Districts, and the issuance of
Proclamations. During the discussion, motion was made by
Commissioner Jones to adopt Roberts' Rules Of Order as writ-
ten. The Chairman ruled that this item was not properly on
the Agenda and that the motion was out of order. Motion was
made by Commissioner Jones to overrule the Chair. Roll call
vote on the motion to overrule was taken with the following
results:
Commissioner Harvey No
Commissioner Jones Yes
Commissioner Lytton No
Commissioner Puto Yes
Mayor Stormont No
Motion failed. The County Administrator was directed to
agenda the Board's Administrative Rules for the next
meeting.
Mayor Stormont discussed the issuance of Conch
Certificates.
Mayor Stormont discussed the creation of a Charter
Government Study Committee. Motion was made by Mayor
Stormont and seconded by Commissioner Lytton to establish an
internal committee to investigate the technical aspects and
ramifications of Charter Government in Monroe County and
made the following appointments to this committee:
City Manager
County Administrator
Administrative members of City of
Layton and Key Colony Beach
County Attorney
City Attorney
Constitutional Officers (all or a
representative of the Consti-
tutional Officers, at their
discretion)
Chairman of Democratic Committee
Chairman of Republican Committee
Media Representatives Bill Martin
and Dagny Wolff
Motion carried unanimously. Motion was then made by Mayor
Stormont and seconded by Commissioner Jones to authorize the
transfer of $5,000.00 from Contingency to support the fact-
finding activities of the committee. Motion carried unani-
mously.
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Commissioner Lytton discussed Phase IV of the
Agreement for Management Advisory Services between Monroe
County and Hutchinson, Moore, Gravett, Errera & Druker, P.A.
Motion was made by Commissioner Lytton and seconded by Mayor
Stormont directing the County Administrator to negotiate
Phase IV of this Agreement. During discussion, the motion
was withdrawn. The County Administrator was then directed
to place this item on the next Key West Agenda.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to table a proposed Resolution peti-
tioning the Governor, the United States Coast Guard, and the
Secretary of the Interior to require the shipping channel to
be at least five miles from the Reef. Motion carried unani-
mously.
Donald Craig, Assistant County Administrator/Growth
Management, discussed a letter dated November 1st from the
Department of Community Affairs regarding County Ordinance
No. 024-1989 pertaining to the exemption of certain projects
from permitting requirements. After much discussion, motion
was made by Commissioner Lytton and seconded by Commissioner
Harvey to let the Ordinance stand and operate and request
that DCA notify the County as to any matters concerning this
Ordinance that they consider objectionable and that the
Staff attempt to clarify the points in contention. Motion
carried unanimously. Dagny Johnson discussed the Cabinet's
action.
COUNTY ADMINISTRATOR
Ron Budzinski, Jose Gonzalez and County
Administrator Tom Brown discussed the Monroe County
Correctional Systems Master Plan, the Special Master's
actions and proposals. Mr. Brown advised that there would
be a hearing of the Special Master at 2:00 p.m. on
December 1st at the Federal Courthouse in Key West. After
discussion, motion was made by Commissioner Jones and
seconded by Commissioner Harvey to accept the Monroe County
Correctional Systems Master Plan from Hansen Lind Meyer Inc.
Motion carried unanimously.
Mr. Brown discussed alternatives for acquiring
design services versus the use of Hansen Lind Meyer Inc.,
the current consultant. Motion was made by Commissioner
Jones and seconded by Commissioner Lytton to authorize nego-
tiations with Hansen Lind Meyer for the design stage of the
jail facilities, subject to conformance with the Consultants
Competitive Negotiations Act. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Puto discussed a problem with per-
mitting an addition to the Big Coppitt Key Firehouse.
Assistant County Administrator Donald Craig addressed the
Board. Motion was made by Commissioner Puto and seconded by
Commissioner Lytton to direct Staff to prepare an amendment
to the Land Use Plan to allow for firehouses and ambulance
facilities in IS subdivisions. Motion carried unanimously.
Earl Cheal addressed the Board. Motion was made by
Commissioner Puto and seconded by Commissioner Jones to
adopt the following Resolution urging Florida citizens to
support Constitutional Amendment #3 on the November 1990
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ballot limiting unfunded State mandates on cities and coun-
ties. Motion carried unanimously.
RESOLUTION NO. 731-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Mayor Stormont to adopt the following Resolution urging
the President and United States Congress to recognize and
affirm the language and power of the Tenth Amendment which
governs and balances the respective powers of the State and
the Federal Government. Motion carried unanimously.
RESOLUTION NO. 732-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Mayor Stormont to extend the appointments of Commissioner
Lytton and Commissioner Harvey to the South Florida Regional
Planning Council through the meeting of January, 1990.
Motion carried unanimously.
Mayor Stormont made a presentation to Former Mayor
Michael Puto thanking him for his services as Mayor of
Monroe County.
MUNICIPAL SERVICE DISTRICT (WASTE)
Connie Grabois, Recycling Coordinator, addressed
the Board. Earl Cheal also addressed the Board.
Charles Aguero, MSD Director, and Ann Gonzales of
Hazen and Sawyer addressed the Board concerning the
Implementation Plan for Monroe County's solid waste. George
Kundtz addressed the Board. Motion was made by Commissioner
Jones and seconded by Mayor Stormont to accept the Solid
Waste Implementation Schedule, with burn technology to be
considered the last alternative per the Board's action of
March 14, 1989. Roll call vote was unanimous.
Mr. Aguero requested a Call For Bids for a baler
for use by the Recycling Department. Motion was made by
Commissioner Jones and seconded by Commissioner Puto to add
this matter to the Agenda. Motion carried unanimously.
Motion was then made by Commissioner Jones and seconded by
Commissioner Puto to authorize a Call For Bids for a baler
for the Recycling Department. Motion carried unanimously.
DIVISION OF COMMUNITY SERVICES
Report
Peter Horton, Assistant County Administrator, and
Mr. Hughes discussed the War Plane Museum proposed for the
Marathon Airport. No action was taken.
Code Enforcement
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to reconsider Resolution No. 716-1989
adopted earlier today authorizing execution of an Employment
Agreement with David P. Kirwan pertaining to his employment
as attorney for the Monroe County Code Enforcement Board.
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Motion carried unanimously. Earl Cheal addressed the Board.
Motion was made by Commissioner Puto and seconded by
Commissioner Harvey to reaffirm the Board's action and the
adoption of Resolution No. 716-1989. Motion carried unani-
mously.
Extension Service
Motion was made by Commissioner Jones and seconded
by Commissioner Puto to waive the tipping fees for destruc-
tion of derelict vessels in the County landfills. Motion
carried unanimously. Motion was then made by Commissioner
Puto and seconded by Commissioner Harvey to adopt the
following Resolution authorizing execution of a Grant
Agreement with the State of Florida Department of Natural
Resources concerning the Derelict Vessel Project. Motion
carried unanimously.
RESOLUTION NO. 733-1989
See Res. Book No. 85 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Donald Craig, Assistant County Administrator,
referred to his written report.
Motion was made by Commissioner Harvey and seconded
by Commissioner Puto to approve the following dates as
Special Meetings to consider various aspects of the
Comprehensive Plan:
December 15
Preliminary Goals, Objectives and
policies
January 5
Alternate Land Use Conceptss
Februrary 7
Selection of Land Use Categories
April 9/10
May 31
Draft Land Use Plan
First Plan Transmittal Hearing
Motion carried unanimously.
Planning Department
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to authorize preparation of a
contract with Regional Research Associates for completion of
a random survey of County homeowners and renters for an
amount of up to $5,200.00 and to bring the proposed contract
back to the Board. Motion carried unanimously.
Mr. Craig made a presentation and discussed concep-
tual plans for the redevelopment of the Truman School for
County offices and meeting space. Motion was made by
Commissioner Harvey and seconded by Commissioner Jones to
direct Staff to present the conceptual plans to the City
Commission and go ahead with whatever procedures are
required before HARC. Motion carried unanimously.
Motion was made to Commissioner Jones and seconded
by Commissioner Harvey to add to the Agenda a request con-
cerning asbestos removal at Truman School. Motion carried
unanimously. Motion was made by Commissioner Jones and
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seconded by Commissioner Harvey to authorize the County
Administrator to issue RFP's for asbestos removal at Truman
School. Motion carried unanimously.
Environmental Resources
Mr. Craig discussed the proposed Administrative
Interpretation setting development standards for fences on
Big pine Key. The following persons addressed the Board:
Nick Riggio of Monroe County C.A.R.E.S., Chuck Moorman, Pete
Kallas of the Game and Fresh Water Fish Commission, Vern
Pokorski, and Maria Abadal of DCA. Motion was made by
Commissioner Lytton and seconded by Commissioner Harvey that
the Administrative Interpretation be suspended immediately
pending completion of the Focal Point Study and that any
fence application be received and processed as an accessory
use to single-family dwellings as would occur in any other
part of the Keys. Roll call vote was taken with the
following results:
Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont No
Motion carried.
Mr. Craig and George Garrett, Director of
Environmental Resources, discussed the proposed listing of
the Lower Keys Marsh Rabbit as an endangered species under
the Endangered Species Act of 1973. No action was taken.
Mr. Craig and the Board discussed a proposed
contract with the Florida Keys Land and Sea Trust regarding
a Water Quality Monitoring Project. George Kundtz, Earl
Cheal, and Brian Schmitt of the Land and Sea Trust addressed
the Board concerning the matter. Motion was made by
Commissioner Harvey and seconded by Mayor Stormont to adopt
the following Resolution authorizing the Mayor/Chairman to
enter into a contract on behalf of Monroe County with the
Florida Keys Land and Sea Trust for completion of a Water
Quality Monitoring Project encompassing marine waters of the
Florida Keys, but to amend such contract as follows:
Article II, Section 1 (a) on Page 2:
Insert the words "for oxygen only"
before the words "during each scheduled"
in the fourth sentence.
Page 3, paragraph beginning with the
words "The CONSULTANT": delete from
the end of the last sentence thereof
the words "and a list of flaural faunal
groups and species".
Page 3, Subparagraph (ii): Insert the
words "for oxygen only" after the words
"and dusk sampling" in the second sen-
tence thereof.
Page 6, Section 3(c): Substitute the
word "October" for the word "September".
Add the following language: "If engineering
services are required under State Statute
and the Consultants Competitive Negotiations
QQ
1 55
Act, that those services not be performed as
part of this contract."
Amend Contract paragraph directing the
results of the Study to clarify that "only
upon release by this governmental body
would any materials be released."
Roll call vote was taken with the following results:
Commissioner Harvey Yes
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont Yes
Motion carried.
RESOLUTION NO. 734-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Consent Agenda
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to adopt the following Resolution
(as amended by deleting the 90-day recording language
therein) approving a Plat of a Subdivision to be known as
Cianchette Commercial Subdivision, located on Parcels A, B,
C and Easements AB and CD, of lands being a part of
Government Lot 3, Section 10, Township 66 South, Range 32
East, as described in the Official Record Book 1065, Page
943 of Monroe County, Florida, and directing the Clerk to
accept such Plat for recording in the Public Records of
Monroe County, Florida. Motion carried unanimously.
RESOLUTION NO. 735-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Commissioner Jones discussed radio tower permits.
No action was taken.
DIVISION OF MANAGEMENT SERVICES
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to adopt the following Resolution
authorizing execution of a Grants Consulting Agreement with
Langton Associates, Inc. Motion carried unanimously.
RESOLUTION NO. 736-1989
See Res. Book No. 85 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey declaring an emergency exists and
waiving the requirements of advertising under the provisions
of Florida Statutes 125.66 and waiving notice by a four-
fifths vote to adopt an Ordinance amending Section 3 of
Ordinance No. 028-1988 in order to provide for payment of
SUNCOM telephone bill for Monroe County, Florida, to the
State of Florida General Services Administration for SUNCOM
telephone services rendered: providing for severability:
providing for the repeal of all Ordinances or parts of
Ordinances in conflict with tis Ordinance: and providing for
an effective date. Roll call vote was unanimous. Motion
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156
was then made by Commissioner Jones and seconded by
Commissioner Puto to adopt the following Emergency
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 036-1989
See Ord. Book No. 22 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to increase the scope of work for
Martin Firestone to include analysis and negotiation
regarding the Monroe County Communication System in an
amount not to exceed $3,500.00. Roll call vote was unani-
mous.
DIVISION OF PUBLIC WORKS
Dent Pierce, Assistant County Administrator,
discussed the Card Sound Bridge fishing pier.
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan gave
the Board an up-date on the Apron Project at the Marathon
Airport.
Motion was made by Commissioner Harvey and seconded
by Commissioner Jones to authorize restoration of the Old
County Courthouse Clock/Tower on Whitehead Street in Key
West, subject to the County Attorney preparing the necessary
contract. Motion carried unanimously.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, advised that
Donald Craig and Commissioner Lytton would be attending the
next meeting of the Administration Commission.
Mr. Brown advised that County offices would be
closed Thursday and Friday in accordance with adopted poli-
cies of the Board.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to add to the Agenda as Item K-8 the
question of funding for additional police services in Bahama
Village. Roll call vote was unanimous. Mr. Brown and the
Board discussed the County's offer to assist with funding
for additional police services in Bahama Village. The
County Administrator advised the Board of the City's action
accepting the assistance and requesting that the details be
worked out with the County Sheriff and the City Chief of
Police. Motion was made by Commissioner Puto and seconded
by Commissioner Harvey to continue to Monday's Special
Meeting. Motion carried unanimously.
After discussion regarding a request from United
Builders of Florida, Inc. for support for the Big pine Key
SAIL Housing Project, the County Attorney was directed to
prepare a letter for the Mayor's signature to decline pro-
viding the requested support.
COUNTY CLERK
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to increase the County's contract
~ €. V /5l:.:D
QQ
1$7
with Kemp & Green, P.A. relative to the increase in service
in the amount of $7,000.00 for the year ended September 30,
1989 and also an additional $1,000.00 for the year ended
September 30, 1989 for additional audit services pursuant to
Florida Law Chapter 88-280. Motion carried unanimously.
AWARD OF BIDS
The Board was advised of receipt of the following
bids for the Cudjoe Key Landfill Expansion:
Toppino's, Inc.
$1,406,210.16
$1,533,073.39
$1,187,621.10
$1,461,049.30
$1,375,852.00
Redland Construction Co., Inc.
Ground Improvement Techniques, Inc.
Man Con
Earth Resources
Motion was made by Commissioner Puto and seconded by
Commissioner Harvey to accept Staff recommendation and award
the bid for the Cudjoe Key Landfill Expansion to Ground
Improvement Techniques, Inc. in the amount of $1,187,621.10.
Roll call vote was unanimous.
The Board was advised of receipt of the following
bids for Construction Of Animal Control Building on Big Pine
Key:
Base Bid Alternate 1
Wade May $118,000 $123,000
Pinewood
Enterprises $119,286 $125,250
Anthony Paterniti No Bid $127,500
D. L. Porter $129,450 $129,450
Rodan $165,200 $172,800
Alternate 2
No Bid
$131,214
No Bid
$139,450
$184,200
Motion was made by Commissioner Puto and seconded by
Commissioner Jones to accept Staff recommendation and award
the bid to the lowest responsive bidder, Pinewood
Enterprises, Inc., in the amount of $119,286.00 and to adopt
the following Resolution authorizing execution of a contract
with Pinewood Enterprises, Inc. concerning the construction
of the Animal Control Facility on Big Pine Key. Motion
carried unanimously.
RESOLUTION NO. 737-1989
See Res. Book No. 85 which is incorporated herein by
reference.
TOURIST DEVELOPMENT COUNCIL
#
Motion was made by Commissioner Puto and seconded
by Commissioner Harvey to approve payment of Tourist
Development Trust Fund expenditures in the amount of
$3,520.65, said payment being for Invoice P8-3504 - Tinsley
Advertising - Inn At The Wharf - and noting the waiving of
the provisions of FS 112.313(3) and (7) pursuant to FS
112.313(12}. Motion carried unanimously.
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~V/St.J:>
PUBLIC HEARINGS
A Public Hearing was held on a proposed Resolution
adopting a Supplemental Budget to increase the Fair Share
Improvement Trust Fund/Library Fund #312 (continued from
November 21st). There was no public input. Motion was made
by Commissioner Puto and seconded by Commissioner Harvey to
adopt (as amended) the following Resolution concerning a
Supplemental Budget for the Fair Share Improvement Trust
Fund/Library Fund #312. Roll call vote was unanimous.
RESOLUTION NO. 738-1989
See Res. Book No. 85 which is incorporated herein by
reference.
TOURIST DEVELOPMENT COUNCIL
Mayor Stormont discussed Tourist Development
Council/Chambers of Commerce contract negotiations con-
cerning Tourist Information Services. TDC Chairman Mickey
Feiner addressed the Board concerning the TDC's recommen-
dation for a unit price for the Chambers' Tourist
Information Services contracts. Chairman Feiner read into
the record a statement made by Jim Rubino before the TDC.
The following individuals addressed the Board: Jim Rubino
of District 5, Ellen McFadden of District 4, Doug Marker of
District 3, Donna Lorenzo of District 2. After discussion,
the Clerk advised that it was his recommendation that
regardless of which form of contract was ultimately approved
by the Commission and TDC, that provision should be made for
an annual audit of the Chambers reflecting the activities of
the Tourist Information Services in relation to other
Chamber activities and also that activity reports should be
provided that relate funding to the provision of services.
Motion was made by Commissioner Jones and seconded by
Commissioner Puto to extend the current contracts with the
new budget amounts for Districts 2, 3, 4 and 5 for one year
but to immediately start negotiations with the Tourist
Development Council on a formula for next year with the pro-
vision that an annual audit be made of the Chambers
reflecting the activities of the Tourist Information
Services in relation to other Chamber activities and also
that activity reports should be provided that relate funding
to the provision of services. Roll call vote was unanimous.
Motion was then made by Commissioner Puto and seconded by
Commissioner Jones that the Key West Chamber of Commerce be
able to elect either the method approved above or a per
piece basis, with the additional requirements of the annual
audit and activity reports, and that they be notified so
they can make a decision. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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