01/10/1990 Regular
RR 005
Regular Meeting
Board of County Commissioners
Wednesday, January 10, 1990
Plantation Key
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the Plantation Key Government Center. 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: 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 Jones and seconded
by Commissioner Puto to approve the following items by una-
nimous consent:
Miscellaneous
Board authorized removal of the following item of surplus
property from the inventory of Emergency Medical Services:
1421-45 Gladiator Adult MAST Suit
Board adopted the following Resolution amending Resolution
No. 749-1989 concerning the transfer of funds.
RESOLUTION NO. 003-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 009-1989 concerning the receipt of unanticipated funds.
RESOLUTION NO. 004-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Appointments
Board approved the appointment of Richard Henry to the Boot
Key Harbor Task Force.
Advertisements
Board granted approval for the advertisement for Sealed Bids
for Delivery of Gasoline and Diesel Fuel (Public Works
Division).
Board granted approval for the advertisement for Sealed Bids
for the purchase of twenty (20) Self-Contained Breathing
Apparatuses (Public Safety Division>.
RR 006
Flood Variances
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Jose M. Ruiz for the placement of a mobile home below the
base flood elevation on Lot 8, Blue Harbor Club, Inc.,
Tavernier; Zoned URM; Coastal Flood Zone VE 15', Panel
0994F.
Refunds
Board authorized payment of refund in the amount of
$2,095.82 to Dennis Kellner of Natural Technology Homes,
Inc. for Permit No. 892000358 and impact fees paid by said
contractor, inasmuch as the owners were approved for
affordable housing.
Miscellaneous
Board adopted the following Resolutions concerning the
transfer of funds.
RESOLUTION NO. 005-1990
RESOLUTION NO. 006-1990
RESOLUTION NO. 007-1990
RESOLUTION NO. 008-1990
RESOLUTION NO. 009-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 010-1990
RESOLUTION NO. 011-1990
RESOLUTION NO. 012-1990
RESOLUTION NO. 013-1990
RESOLUTION NO. 014-1990
RESOLUTION NO. 015-1990
RESOLUTION NO. 016-1990
RESOLUTION NO. 017-1990
RESOLUTION NO. 018-1990
RESOLUTION NO. 019-1990
RESOLUTION NO. 020-1990
RESOLUTION NO. 021-1990
RESOLUTION NO. 022-1990
RESOLUTION NO. 023-1990
See Res. Book No. 87 which is incorporated herein by
reference.
COUNTY ATTORNEY
Board approved and authorized advertisement of a proposed
Ordinance amending the Building Code and providing that cer-
tain buildings be required to have hurricane shutters; etc.
Board approved and authorized advertisement of a proposed
Ordinance regulating burglar or robbery alarms by providing
definitions, requiring the filing of certain information
regarding the burglar or robbery alarm system and user with
the Sheriff's Office; providing for certain burglar and rob-
bery alarm equipment; providing a $100.00 service charge for
each false alarm beyond five; providing for penalties; etc.
Board adopted the following Resolution setting the date,
time and place for a Public Hearing concerning the proposed
RR 007
abandonment of a portion of Avenue A, Johnsonville
Subdivision, Big Coppitt Key, Monroe County, Florida.
RESOLUTION NO. 024-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Board approved and authorized advertisement of a proposed
Ordinance amending Sec. 2-299(C), Monroe County Code, by the
addition of a provision requiring that an annual report be
submitted to the Board of County Commissioners by the
Tourist Development Council within 120 days from the close
of the fiscal year; etc.
Board adopted the following Resolution providing for the
employment of David P. Kirwan, P.A., Attorney At Law, to
represent the Monroe County Code Enforcement Board in the
cases enumerated therein which will be litigated in the
Appellate Division of the Monroe County Circuit Court.
RESOLUTION NO. 025-1990
See Res. Book No. 87 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Library Services
Board authorized the expenditure of $6,365.16 from the con-
tingency budget on an emergency basis for air-conditioning
in the Auditorium of the Key West Library.
DIVISION OF PUBLIC WORKS
Board adopted the following Resolution authorizing execution
of a contract by and between the Department of the Navy and
Monroe County extending the license for the use of the East
Martello Battery Site.
RESOLUTION NO. 026-1990
See Res. Book No. 87 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Fire Marshal
Board adopted the following Resolution authorizing the Mayor
to execute a Contract with Southern Coach, Inc. for recon-
ditioning of a 1978 American LaFrance Pumper for Municipal
Service Taxing District No.5.
RESOLUTION NO. 027-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Emergency Medical Services
Board adopted the following Resolution rescinding Resolution
No. 421-1989 and authorizing execution of a new Agreement
wit Physio Control Corporation concerning biomedical equip-
ment maintenance for Municipal Service Taxing District No.
6.
RR 008
RESOLUTION NO. 028-1990
See Res. Book No. 87 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved and authorized payment of the following
invoices:
1. The Brewer Company of Florida, Inc.,
in the amount of $16,232.22, for
professional services re Key Vaca
Roads VI (Final Payment).
2. Air Conditioning Energy Services, Inc.,
in the amount of $14,000.00, for
professional services re installation
of five air handlers at the Key West
Jail Facility.
3. Howard R. Messing, in the amount of
$4,543.14, for professional services
as Federal Master in re McIntyre v.
Freeman, et al.
4. H. W. Beyer Funeral Home, Inc., in
the amount of $604.20, for professional
services re Pauper Burial.
5. Dean-Lopez Funeral Home, in the amount
of $485.00, for professional services
re Pauper Burial.
6. Martin-Vegue Funeral Home, in the amount
of $570.00, for professional services
re Pauper Burial.
7. Dean-Lopez Funeral Home, in the amount
of $388.87, for professional services
re Pauper Burial.
Board adopted the following Resolution authorizing execution
of an Amendment to an Agreement by and between Monroe County
and Hansen Lind Meyer, Inc. concerning the Marathon
Detention Center.
RESOLUTION NO. 029-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Board approved the appointment of B. Shamblin to the Code
Enforcement Board.
COUNTY CLERK
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Peter M.
Bursten, Ph.D., in the amount of $600.00; Angel Velez-Diaz,
Ph.D., in the amount of $200.00; Richard Hellman, Ph.D., in
the amount of $300.00; Peter M. Macaluso, M.D., in the
amount of $775.00; Guillermo D. Marcovici, M.D., in the
amount of $400.00; Mental Health Care Center of the Lower
Keys, in the amount of $400.00; Tanju T. Mishara, Ph.D., in
RR 009
the amount of $350.00; Ronald Reeves, M.D., in the amount of
$436.25.
COURT-APPOINTED ATTORNEYS, Maria Betancourt, in the
amount of $1,400.00; Susan M. Cardenas, in the amount of
$600.00; Michael E. Cox, in the amount of $743.50; Janine
Gedmin, in the amount of $350.00; Michael S. Gilbert, in the
amount of $1,325.25; Charles Milligan, in the amount of
$512.50; John P. Rotolo, in the amount of $52.50.
OTHER EXPENSES, J. Michael Cupoli, M.D., in the
amount of $500.00; Louis Spallone, Clerk, in the amount of
$1,750.00.
EXTRADITION, J. Allison DeFoor, II, Sheriff, in the
amount of $18,084.20.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $150.00; Carrothers Reporting
Services, in the amount of $115.25; Billie Jean Fase, in the
amount of $307.50; Robert Fazio, in the amount of $47.25;
Kathleen A. Fegers, in the amount of $97.50; Florida Keys
Reporting, in the amount of $306.00; Amy Landry, in the
amount of $1,225.75; Laws Reporting, Inc., in the amount of
$281.25; Nancy J. Maleske, in the amount of $1,632.00;
Nichols and Hardy, in the amount of $1,481.50; Lisa Roeser,
in the amount of $60.00; Thomasson-Price-Hargrave, Inc., in
the amount of $153.00.
COURT INTERPRETER SERVICES, J. R. Alayon, in the
amount of $75.00; Juan Borges, in the amount of $100.00;
Juli Chandler, in the amount of $860.00; Vivian Estrada
Mora, in the amount of $130.00; Humberto Jimenez, in the
amount of $25.00; Alexandra Ramos, in the amount of $430.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $3,557.29; Regular Witness Fees, in the amount of
$210.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, #119625-#121214, in the
amount of $5,659,607.88.
SUPPLEMENT TO GENERAL REVENUE FUND, #312-#313, in
the amount of $40,77~39.
FINE & FORFEITURE FUND, #925-#927, in the amount of
$184,332.~
AIRPORT OPERATION & MAINTENANCE FUND, #577-#580, in
the amount of $135,781.70.
ROAD ~ BRIDGE FUND, #590-#591, in the amount of
$140,088.~
MSD TAX DISTRICT, #1340-#1349, in the amount of
$509,036.40.
MSD - MARINE BANK (Marathon), #522-#523, in the
amount of-s234,528.39.----
MSD - PLEDGED FUNDS, #170-#171, in the amount of
$400,000.00.
LAW LIBRARY FUND, #298-#299, in the amount of
$5,074.66.
RR 0 1 0
1981 IMPROVEMENT BONDS (Debt Service), #49-#50, in
the amount of $92,432.00.
CAPITAL PROJECTS FUND, #387-#390, in the amount of
$112,991.41.
MONROE COUNTY GROUP INSURANCE, #351-#353, in the
amount of $155,228.04.
CARD SOUND BRIDGE FUND, #306-#308, in the amount of
$46,617.15.
WORKERS COMPENSATION, #3076-#3119, in the amount of
$59,696.81.
TOURIST DEVELOPMENT COUNCIL, #627-#628, in the
amount of $582,222.17.
TRANSLATOR FUND, #248-#249, in the amount of
$9,994.01. ----
RISK MANAGEMENT FUND, #66-#67, in the amount of
$52,792.8~
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #229=#230, in the amount of
$228,399.00.
UPPER KEYS TRAUMA DISTRICT, #16-#17, in the amount
of $27,751.47.
Board approved the Minutes of the following meetings of the
County Commission: 12/12/89, 12/13/89, 12/21/89.
TOURIST DEVELOPMENT COUNCIL
Board approved payment of Tourist Development Council expen-
ditures in the amount of $18,674.85 (Input Date 12/29/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $30,173.91 (Input Date 12/29/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $148,639.38 (Input Date 12/29/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $96,315.15 (Input Date 12/29/89),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $262,562.57 (Input Date 12/29/89),
subject to final invoice approval by the County Finance
Department.
Boardd adopted the following Resolution amending Resolution
No. 730-1989 transferring Tourist Development Council funds.
RESOLUTION NO. 030-1990
See Res. Book No. 87 which is incorporated herein by
reference.
RR AJ II
Board adopted the following Resolutions transferring funds.
RESOLUTION NO. 031-1990
RESOLUTION NO. 032-1990
RESOLUTION NO. 033-1990
See Res. Book No. 87 which is incorporated herein by
reference.
MISCELLANEOUS
Board adopted the following Resolution authorizing execution
of a Contract Amendment between Pretrial Services Resource
Center and the Monroe County Board of County Commissioners.
RESOLUTION NO. 034-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Joe London, County Fire Marshal, and Reggie Paros,
Assistant County Administrator/Division of Public Safety,
addressed the Board concerning a training facility lease for
Monroe County volunteer firefighters. Motion was made by
Commissioner Harvey and seconded by Commissioner Puto to
direct the County Attorney to prepare a lease to bring back
to the Board and also authorizing the advertisement for bids
to construct a training facility. Motion carried unani-
mously.
Ahmed Simeon addressed the Board regarding the pro-
posed "Human Chain" protest activity extending from Miami to
Key West to focus international attention on the current
status of human rights in Cuba. There was no action at this
time.
Mayor Stormont discussed the request from the City
of Perry regarding distribution of State Anti-Drug Abuse
funds. Motion was made by Commissioner Puto and seconded by
Commissioner Jones to adopt the following Resolution
endorsing legislative change of the distribution formula of
State Anti-Drug Abuse funds to a "need" basis. Motion
carried unanimously.
RESOLUTION NO. 035-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Motion was made by Mayor Stormont and seconded by
Commissioner Lytton to approve the advertisement for three
Public Hearings of a proposed Ordinance adopting procurement
and employee ethics concerning purchasing policies. Motion
carried unanimously.
The Board discussed a proposed South Florida Water
Management District Emergency Ordinance. No action was
taken.
Commissioner Harvey discussed the method of selec-
tion of members to the Career Service Council. Motion was
made by Commissioner Harvey and seconded by Commissioner
Jones that each Commissioner propose an individual for
appointment to the Career Service Council and directing the
RR 0 1 2
County Administrator to write to the other responsible agen-
cies and ask them to make their appointments representing a
County-wide distribution of the Board. Motion carried una-
nimously.
Commissioner Harvey discussed the Consulting
Agreement between the County and Henry Naubereit pertaining
to the Translator System. Motion was made by Commissioner
Harvey and seconded by Commissioner Jones to direct the
County Administrator, Mr. Naubereit, and the County Attorney
to work to negotiate the terms of Paragraph 5 of the pro-
posed Agreement so that it is acceptable to all parties.
Roll call vote was unanimous. Motion was made by Mayor
Stormont and seconded by Commissioner Lytton to add the
following items to the proposed Agreement:
8. The Consultant has no purchase or
approval authority for any act in
relation to the Translator.
9. The Consultant will conform to
and follow all Monroe County laws,
ordinances, rules and resolutions con-
cerning the Translator in the Monroe
County Code.
10. The County Administrator will
obtain and control all public records
in relation to the Translator.
11. All legal actions contemplated
shall be handled directly through the
County Attorney's office.
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
No
No
Yes
Yes
Yes
Motion carried. Motion was then made by Commissioner Lytton
and seconded by Mayor Stormont to approve continued
employment of Mr. Naubereit until an Agreement can be fina-
lized, at the rate of $750.00 per month, not to exceed sixty
days. Motion was made by Commissioner Harvey and seconded
by Commissioner Jones to amend to continue the appointment
at $2,000.00 per month. Roll call vote on the amendment was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
Yes
Yes
No
No
Motion carried. Roll call vote on the original motion as
amended was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
Yes
Yes
No
No
Motion carried.
RR 0 1 3
Commissioner Lytton discussed the Special District
Accountability Act and indicated that initial research
disclosed that the only possible Monroe County District that
would be subject to the Act would be the Land Authority.
Staff was requested to obtain a written decision from the
Department of Community Affairs as to that fact. Motion was
made by Commissioner Lytton and seconded by Commissioner
Puto to add this matter to the Agenda of the Land Authority.
Motion carried unanimously.
Commissioner Lytton discussed a letter from
Governor Martinez concerning the County's required monthly
report to the Administrative Commission. Motion was made by
Mayor Stormont declaring that the report is one of previous
public action and Staff action based upon previous policies
adopted by the Board and that the report will be adopted
without public comment. During discussion, the motion was
withdrawn. Motion was made by Commissioner Puto and
seconded by Commissioner Jones directing that a letter be
written to the Governor requesting that he clarify the
intent of his letter in regard to the provision of timely
information to the Administrative Commission. Motion
carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Jones to approve the advertisement for one
Public Hearing of the revised proposed Ordinance regarding
certain prohibitions on the parking of motor vehicles; etc.
Motion carried unanimously.
George Harper, Assistant County Administrator/
Management Services, discussed a meeting with represen-
tatives of the "Human Chain" Protest. Joe Leiter addressed
the Board. Motion was made by Commissioner Lytton and
seconded by Commissioner Harvey to continue to the Board
meeting of January 24th. Motion carried unanimously.
Commissioner Lytton discussed the HRS Septic Tank
Rules. Motion was made by Mayor Stormont and seconded by
Commissioner Lytton to seek an injunctive relief from Rule
10-D6, Acreage requirement for sewage treatment systems,
contingent upon the County Attorney's approval to proceed in
this manner. Motion carried unanimously.
Mayor Stormont discussed the installation of Mile
Marker signs.
Charles Valois addressed the Board concerning a
hatching program to be located on his property in Key Largo
and the future use of his property. No action was taken.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened with all Commissioners pre-
sent.
DIVISION OF MANAGEMENT SERVICES
Martin Firestone addressed the Board concerning the
Cable Television Franchise. Motion was made by Commissioner
Puto and seconded by Mayor Stormont to include the recommen-
dations of Mr. Firestone in the proposed Franchise
RR 0 1 4
Agreement. Katha Sheehan addressed the Board. Motion
carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Lytton discussed the North Key Largo
Missile Site. Bob Rosof of Associated Marine Institutes,
Inc., Assistant County Administrator Donald Craig, Debbie
Harrison, Dr. Richard Matthews, and Dagny Johnson of the
Upper Keys Citizens Association discussed the proposed use
of the North Key Largo Missile Site for a juvenile detention
facility. No action was taken.
BULK APPROVALS
Advertisements
Motion was made by Mayor Stormont and seconded by
Commissioner Jones to approve the advertisement for Sealed
Bids on all Budget-approved Capital Equipment for the
Municipal Service District, contingent upon production of a
listing of the items to be acquired and confirmation of the
necessary Budget allocation. Motion carried unanimously.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, discussed the
dismissal of the New Port Largo suit, oral arguments con-
cerning the Big Pine Access Road, and the suits filed by Joe
Roth and various corporations against Monroe County, Mayor
John Stormont, and Assistant County Administrator/Growth
Management Donald Craig. Motion was made by Commissioner
Lytton and seconded by Commissioner Jones to allow Mayor
Stormont and Mr. Craig to decide on the selection of the
County Attorney or a personal attorney to represent them in
this litigation. Motion carried unanimously. Mayor
Stormont and Mr. Craig both selected the County Attorney's
office to represent them in the matter.
DIVISION OF GROWTH MANAGEMENT
The Board discussed the plat filing of Little Crawl
Key.
TOURIST DEVELOPMENT COUNCIL
At this point, the Board made reference to the TOC
items that were called for "a time certain" and asked if
anyone in the audience cared to address those items that
were approved in "BULK". There was no public response.
*
*
*
*
*
DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
- ---- ---
BOARD OF GOVERNORS
The Board of Governors of District #1 Lower and
Middle Keys Fire and Ambulance District convened. Present
and answering to roll call were Hal Halenza, Eugene Lytton,
RR 0 1 5
John Stormont, and Chairman Michael Puto. Absent from the
meeting was Commissioner "Mickey" Feiner.
Reggie Paros, Director of the Division of Public
Safety, addressed the Board.
Fire Marshal
Motion was made by Commissioner Halenza and
seconded by Commissioner Lytton to authorize the purchase of
Motorola Dual Call Minitor II Pagers with Chargers from
Motorola Communications (GSA Contract Price) as follows:
Department Quantity
Big pine Volunteer Fire 10
Conch Key Volunteer Fire 5
Layton Volunteer Fire 6
Islamorada Volunteer Fire 8
TOTAL
Unit
Price
Extended
Price
$449
$449
$449
$449
$ 4,490
2,245
2,694
3,592
$13,021
Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to authorize a Call For Bids for
the installation of thirteen fire hydrants on Stock Island.
Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to authorize a Call For Bids for
the purchase of twenty-two Self-Contained Breathing
Apparatus (SCBA) and Cylinders. Motion carried unanimously.
Emergency Medical Services
Motion was made by Commissioner Lytton and seconded
by Chairman Puto to adopt the following Resolution
rescinding Resolution No. 407-1989 concerning a Contract for
maintenance of biomedical equipment with Physio Control
Corporation and authorizing execution of a new Contract with
said Physio Control Corporation. Motion carried unani-
mously.
RESOLUTION NO. 036-1990
See Res. Book No. 87 which is incorporated herein by
reference.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire
and Ambulance District adjourned.
*
*
*
*
*
The Board of County Commissioners reconvened with
all Commissioners present.
COUNTY ATTORNEY
Motion was made by Mayor Stormont and seconded by
Commissioner Lytton to approve the advertisement for Public
Hearing of a proposed Ordinance providing that the Monroe
County Contractors' Examining Board shall have the authority
to eliminate and/or add testing requirements for "Specialty
RR 0 1 6
Contractors" listed in Section 6-56 of the Monroe County
Code; etc. Motion carried unanimously.
MUNICIPAL SERVICE DISTRICT (WASTE)
Charles Aguero, MSD Director, addressed the Board.
He requested authority to negotiate for a firm to remove
white goods. Motion was made by Commissioner Jones and
seconded by Commissioner Harvey to postpone this matter
until determination and interview of the short-listed
companies responding to the RFP for the disposal of solid
waste in Monroe County, should that firm also care to
dispose of white goods. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
Yes
No
No
No
Motion failed. Motion was made by Commissioner Jones and
seconded by Commissioner Harvey not to waive the Purchasing
Policies and Procedures. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
Yes
No
No
No
Motion failed. Motion was then made by Mayor Stormont and
seconded by Commissioner Lytton to waive the Purchasing
policies and Procedures and authorize the MSD Director to
negotiate with interested firms for the removal of white
goods, including those firms short-listed responding to the
RFP for the removal of solid waste in Monroe County. Roll
call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
No
No
Yes
Yes
Yes
Motion carried.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to adopt the following Resolution
authorizing execution of a Contract with Ground Improvement
Techniques regarding the Cudjoe Key Landfill Expansion and
issue a Notice To Proceed. Motion carried unanimously.
RESOLUTION NO. 037-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to adopt the following Resolution
accepting Solid Waste Recycling and Education Grant No.
RE90-42 from the Florida Department of Environmental
Regulation and authorizing execution of a Recycling and
Education Grant Agreement in furtherance thereof. Motion
carried unanimously.
RR 6 l f
RESOLUTION NO. 038-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to adopt the following Resolution
accepting Waste Tire Solid Waste Grant No. WT90-41 from the
Florida Department of Environmental Regulation and
authorizing execution of a Waste Tire Grant Agreement in
furtherance thereof. Motion carried unanimously.
RESOLUTION NO. 039-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to approve payment to Petro-Chern
Equipment Co. in the amount of $15,460.00 for five Enviro
Tanks. Motion carried unanimously.
Connie Grabois discussed her written Recycling
Report.
Motion was made by Commissioner Lytton and seconded
by Mayor Stormont to waive the Purchasing Policies and
Procedures and purchase from Grant funding a LaBrie
Recycling Truck in the amount of $94,638.80. Roll call vote
was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
No
Yes
Yes
Yes
Motion carried.
Connie Grabois discussed the need to form and orga-
nize citizen volunteer action groups. The Board agreed that
she should go forward with that project.
DIVISION OF COMMUNITY SERVICES
Airport Services
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to hear out of order a discussion of
assignment of the Marathon Fuel Farm FBO Lease to Edmund J.
Marcarelli. Motion carried unanimously. Karl Beckmeyer
requested approval for the assignment of lease. Peter
Horton, Assistant County Administrator, recommended denial.
Motion was made by Commissioner Lytton and seconded by
Commissioner Jones to deny assignment of the Marathon Fuel
Farm FBO Lease to Edmund J. Marcarelli. Motion carried una-
nimously.
*
*
*
*
*
BEACH AUTHORITY
The Board of County Commissioners, sitting as the
Beach Authority, discussed the Beach Renourishment Project.
Frank Butler of Post, Buckley, Schuh & Jernigan discussed a
letter dated January 9, 1990 from the District I Beach
RR 0 1 8
Advisory Authority and the budget information attached
thereto. No action was taken.
*
*
*
*
*
MUNICIPAL SERVICE DISTRICT (WASTE)
The Board entered into a discussion concerning
proposed recommendations for changes to the Solid Waste
Authority Act:
Section 4: Motion was made by Mayor Stormont and seconded
by Commissioner Lytton to approve the recommendation to
remove the Referendum requirement for Revenue Bonds but to
require an extraordinary vote of the Authority. Roll call
vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
No
No
Yes
No
Yes
Motion failed.
Section 7(2): Motion was made by Mayor Stormont and
seconded by Commissioner Puto to approve the recommendation
to require that there be one member of the Board from each
County Commission District. Roll call vote was unanimous.
Section 7(4): Motion was made by Mayor Stormont and
seconded by Commissioner Lytton to approve the recommen-
dation to provide that the Secretary be the custodian of
only the official books and records. Motion carried unani-
mously.
Section 7(8): No action was taken.
Section 8(7): Motion was made by Commissioner Jones and
seconded by Commissioner Puto to change to approve the
recommendation to eliminate reference to "ad valorem" since
the Authority has no ad valorem taxing powers. Motion
carried unanimously.
Section 8(13): Motion was made by Commissioner Jones and
seconded by Commissioner Puto to approve the recommendation
to either include "Recycling" or define "Waste Collection
and Disposal Fees". Motion carried unanimously.
Section 8(17): Motion was made by Commissioner Jones and
seconded by Commissioner Puto to approve the recommendation
to lengthen the time frame for appointment. Motion carried
unanimously. Motion was made by Commissioner Jones and
seconded by Commissioner Harvey to approve the recommen-
dation to add a section to provide that participating
governmental agencies provide initial financing to provide
interim operation and planning. Motion carried unanimously.
Section 10(2): Motion was made by Commissioner Jones and
seconded by Commissioner Harvey to approve the recommen-
dation to permit the Authority control of its budget adop-
tion. Motion carried unanimously.
Section 10(8): Motion was made by Commissioner Jones and
seconded by Mayor Stormont to approve the recommendation
RR 0 1 9
that methods of determining franchisee fees be left to
Authority policy. Motion carried unanimously.
Section 11: Motion was made by Commissioner Jones and
seconded by Commissioner Harvey to approve the recommen-
dation that the whole section be amended to conform to Solid
Waste Act of 1988 (FS 403 and FS 197). Motion carried una-
nimously.
Section 12: No action was taken.
Section 13(l)(M): No action was taken.
DIVISION OF GROWTH MANAGEMENT
Report
Donald Craig, Assistant County Administrator,
addressed the Board regarding his written report. He
discussed the Warplane Museum and indicated that it would be
considered a one-time event, as opposed to development.
Motion was made by Mayor Stormont to contract at $100.00 per
month, not to exceed three months. During discussion, the
motion was withdrawn. Motion was made by Commissioner Jones
and seconded by Commissioner Puto to authorize a lease at
$1.00 per year plus maintenance and clean-up costs, con-
tingent upon approval of the appropriate departments con-
cerning insurance and other matters. Roll call vote was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
Yes
No
Yes
No
Motion carried.
Planning Department
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to accept Staff's recommendation to
authorize the Growth Management Administrator to negotiate a
contract amendment with the firm of Sedway Cooke to continue
the contract deadline and increase the fee for the Big pine
Key Community Plan in the amount of $16,500.00, and return
same to the Board for authorization. Roll call vote was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
No
Yes
No
Yes
Motion carried.
The Board discussed the proposed Marathon
Government Center Interlocal Agreements and Schedule.
Motion was made by Commissioner Puto and seconded by Mayor
Stormont to approve the recommendations contained in Mr.
Craig's memorandum of January 4th with the addition of the
requirement that the State agrees to replace the Waste Water
Treatment Plant when necessary. Motion carried unanimously.
RR 020
Consent Agenda
Boundary Determinations
Motion was made by Mayor Stormont and seconded by
Commissioner Lytton to approve the recommendation of the
Director and adopt the following Resolution confirming the
Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number 47, Lot 38, Block 5, Cutthroat Harbor Estates, Cudjoe
Key. Motion carried unanimously.
RESOLUTION NO. 040-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Major Conditional Use
Motion was made by Commissioner Puto and seconded
by Commissioner Harvey to accept the recommendation of Staff
to postpone action on the Boy Scouts of America and resche-
dule in the appropriate manner after the appeal period has
expired. Motion carried unanimously.
Vested Rights
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to adopt the following Resolution
accepting and adopting the Findings of Fact, Conclusions of
Law, and Recommended Order concerning the Vested Rights
Hearing of Terra Cotta Realty (Florida), Inc. Roll call
vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
No
Yes
Yes
Yes
No
Motion carried.
RESOLUTION NO. 041-1990
See Res. Book No. 87 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
The Board entered into a discussion of the Monroe
County Personnel policies and Procedures Manual. Motion was
made by Mayor Stormont and seconded by Commissioner Lytton
to amend Page V to add the following words at the end of the
first sentence of Paragraph D: "by way of rules and guide-
lines which clarify those adopted Monroe County Policies and
Procedures. These Administrative Instructions shall only be
further detailing by instruction or rules of those policies
and Procedures provided in this Manual. Where, for
ministerial purposes policy clarifications are particularly
applicable, or where conflict may occur, the Board of County
Commissioners reserves the authority for final determination
of ministerial authority." Roll call vote was taken with
the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
No
No
Yes
Yes
Yes
RR 0 2 1
Motion carried. Motion was made by Mayor Stormont and
seconded by Commissioner Lytton to amend Pages 7-1 and 7-3
to delete the references to Administrative Instructions con-
cerning the accrual of leave and to replace them with the
actual accrual basis when the same is finally determined for
Emergency Response personnel. Roll call vote was unanimous.
Motion was made by Mayor Stormont and seconded by
Commissioner Lytton to approve the following "Years of
Continuous Service" language in Paragraph B (Accrual) of
Section 7.01 on Page 7-1:
1 through 3 years
4 through 10 years
11 through 15 years
16 through resignation
Motion carried unanimously. Motion was then made by Mayor
Stormont and seconded by Commissioner Lytton to adopt the
following Resolution adopting the Monroe County Personnel
policies and Procedures Manual, as amended. Roll call vote
was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
No
Yes
Yes
Yes
Motion carried.
RESOLUTION NO. 042-1990
See Res. Book No. 87 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
The Board discussed the Land Use Plan meeting sche-
duled for January 25th. By acclamation and declaration of
the Mayor, that meeting date was changed to February 6th at
9:00 a.m. at Key Colony Beach.
DIVISION OF PUBLIC SAFETY
Emergency Medical Services
Motion was made by Commissioner Puto and seconded
by Commissioner Harvey to approve the purchase of one 1990
Station Wagon through State Contract from Jerry Hamm, Inc.
in the amount of $12,959.00. Roll call vote was taken with
the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
No
Yes
Yes
No
Motion carried.
Motion was made by Commissioner Puto and seconded
by Commissioner Harvey to adopt the following Resolution
rescinding Resolution No. 420-1989 concerning a Contract for
RR 022
maintenance of biomedical equipment with Physio Control
Corporation and authorizing execution of a new Contract with
said Physio Control Corporation. Motion carried unani-
mously.
RESOLUTION NO. 043-1990
See Res. Book No. 87 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
advised the Board that the permit had been issued for the
project to raise Card Sound Road.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, advised the Board
that the Wackenhut contract negotiations were practically
complete and would appear on the next Commission Agenda.
He discussed the Hansen Lind Meyer contract nego-
tiations.
Mr. Brown advised that Dr. Tyler was requesting
authority to travel to the January 16th meeting which would
involve $300.00 plus expenses. This matter was referred to
the TOC for their review and approval.
Mr. Brown advised the Commission that as of the
present date, the Plantation Key Modular Jail Facility was
scheduled to be ready on the 19th of January.
The County Administrator discussed the meeting of
the Florida Association of Counties on February 14 thru
February 16 and the conflict with the County's meeting
dates. Mayor Stormont, with acclamation of the Board,
agreed to change the scheduled meetings to February 12th and
February 13th in Key West.
Motion was made by Commissioner Harvey and seconded
by Commissioner Lytton to acknowledge the absence of the
County Administrator from the meeting on January 24th as he
will be attending a seminar at the University of Central
Florida. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Mayor Stormont to adopt the following Resolution
authorizing execution of an Agreement with Advanced
Structures, Inc. concerning construction of a temporary jail
facility in Marathon, Florida, upon production of all
necessary documents. Motion carried unanimously.
RESOLUTION NO. 044-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Mr. Brown discussed the procedures and on-going
activities concerning the proposed purchase of real property
for various County needs. He discussed the racetrack pro-
perty and the Papy property as potential jail sites. Motion
was made by Commissioner Jones and seconded by Commissioner
Puto to authorize the County Administrator to obtain
RR 023
appraisals on the "Woods/Papy" property. Motion carried
unanimously.
Motion was made by Mayor Stormont and seconded by
Commissioner Lytton to adopt the following Resolution
authorizing execution of an Employment Agreement between
Monroe County and Margaret Sousa as Information Systems
Director, subject to the following amendments made in the
Job Description:
Add the following words to the end of
the seventh paragraph under Illustrated
Duties: "as pertains to that depart-
ment. "
Add the following words after the word
"maintain" in the last paragraph under
Illustrated Duties~ "information
systems" .
Motion carried unanimously.
RESOLUTION NO. 045-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to adopt the following Resolution
authorizing execution of an amendment to an Agreement with
Hansen Lind Meyer, Inc. concerning permitting for the
Plantation Key Modular Detention Center. Motion carried
unanimously.
RESOLUTION NO. 046-1990
See Res. Book No. 87 which is incorporated herein by
reference.
Appointments
Motion was made by Commissioner Puto and seconded
by Commissioner Jones to appoint Richard Knable to the
Contractors Examining Board. Motion carried unanimously.
The Board discussed Mayor Stormont's memorandum
dated December 20, 1989 regarding appointments of
Commissioners to Boards and Committees. Motion was made by
Commissioner Harvey and seconded by Commissioner Puto to
approve the following recommendation:
"1. Property Appraisal Adjustment Board
A. Currently Jones - new Harvey
B. Currently Stormont - new Jones
C. Currently Puto - new Lytton - for term of office
or successor to office (actions are done prior to
expiration of office, as well as after November
elections)
Note: These appointments begin after current
Property Appraisal Adjustment Board
completes its actions on current tax
roll.
2. Vote Canvassing Board (member Board of County
Commissioners - cannot be up for re-election)
RR 024
A. Currently Puto - Puto (if not up for re- election;
recommend reversing alphabetically with Stormont - next
name in alphabetical order, so as not to preclude can-
didacy)
3. National Association of Counties (Board appoints one
voting member)
A. Currently stormont - per above reversing alphabeti-
cal order - new Puto
4. South Forida Regional Planning Council
A. Currently Harvey - new Harvey
B. Currently Lytton - new Jones
5. Florida Keys Council for the Handicapped
(Recommend each Commissioner on rotation per month)
A. February - new Lytton
B. March - new Puto
C. April - new Stormont
D. May - new Harvey
E. June - new Jones
F. July - new Lytton
G. August - new Puto
H. September - new Stormont
I. October - new Harvey
J. November - new Jones
6. Jail Oversight Committee - one member
A. Currently Lytton - new Lytton
7. Fine Arts Council
(Recommend each Commissioner on rotation per month)
A. February - new Puto
B. March - new Stormont
C. April - new Harvey
D. May - new Jones
E. June - new Lytton
F. July - new Puto
G. August - new Stormont
H. September - new Harvey
I. October - new Jones
J. November - new Lytton
RR 025
8. Jail Advisory Committee - one member
A. Lytton current - new Puto
9. Highway Beautification Commiteee
(Recommend each Commissioner on rotation per month)
A. February - new Stormont
B. March - new Harvey
C. April - new Jones
D. May - new Lytton
E. June - new Puto
F. July - new Stormont
G. August - new Harvey
H. September - new Jones
I. October - new Lytton
J. November - new Puto
10. Jail Cap Committee - one member
A. Jones current - Since meetings are Key West
located, and of short duration, Key West Commissioner
could better serve. Reverse alphabetical order would
make new Harvey.
11. Law Library Board
A. Chairman of Board of County Commissioners
12. Library Advisory Board
(Recommend each Commissioner on rotation per month)
A. February - per above reverse alphabetical order -
new Stormont
B. March - new Jones
C. April - new Lytton
D. May - new Puto
E. June - new Stormont
F. July - new Harvey
G. August - new Jones
H. September - new Lytton
I. October - new Puto
J. November - new Stormont
13. District 1 Beach Authority Advisory Board
(Ordinance establishes one Commissioner chosen from the
District - #1 and #2 to serve on Advisory Board for an
indefinite term)
RR 026
A. Currently Jones - new Harvey
14. Older American Advisory Board
(Recommend each Commissioner on rotation per month)
A. February - new Jones
B. March
new Lytton
C. April - new Puto
D. May - new Stormont
E. June - new Harvey
F. July - new Jones
G. August - new Lytton
H. September - new Puto
I. October - new Stormont
J. November - new Harvey
15. Land Use Plan Facilitator
(There are no Resolution or Ordinance provisions for
this position and it carries no control or authority.
Board of County Commissioners can decide this one.)"
Motion carried unanimously.
Motion was made by Mayor Stormont and seconded by
Commissioner Jones to accept the recommendation that
appointments be made through December of each year. Motion
carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to accept the recommendation that the
following non-functional Committees be voided:
"1. Monroe County Trauma Committee - formed by Resolution
160-1987 - hasn't met for over two years.
2. Monroe County Transportation Committee - formed by
Resolution 094-1987 - hasn't met for over two years -
job is really function of the whole Board of County
Commissioners.
3. Ad Hoc Code Enforcement Review Committee - Resolution
262-1987 - Job was to meet and render report.
Resolution states to be disbanded after giving report.
Report given 1-1/2 years ago.
4. Ad Hoc Permitting and Processing Review Committee -
Resolution 366-1986 - Job was to meet and render
report. Resolution states to be disbanded after giving
report. Report given over 2 years ago.
5. Blue Ribbon Committee - Resolution l12A-1987 and
Ordinance 004-1987 - was to review the Land Use Plan
for changes - hasn't met since recommendations for
first update of the Plan.
6. Citizen's Advisory Task Force - Resolution 404-1984 -
was "to assist grant wri ter" for low cost housing.
Best to drop until picture is cleared up, then form
RR 027
with more meaning and activity power.
7. EMS Advisory Council - Ordinance 006-1987 - was to deal
with trauma issues which were resolved by formation of
Upper Keys Trauma Taxing District. Was to "have no
less than 6 meetings per year" per Ordinance. Was to
have rendered yearly report to BOCC per Ordinance.
Hasn't met for over two years.
8. Harry Harris Park Improvements Committee - no
Resolution or Ordinance establishing. Was set up per
BOCC Minutes of March 3, 1987. Met to provide master
plan for Harry Harris Park. Did so, and hasn't met for
over 1-1/2 years. Function better taken over by Parks
and Recreation Board.
9. Holiday Isle Focal Point Planning Committee - no
Resolution or Ordinance establishing - was established
9/15/87 - haven't held meetings for over 1 year. Met
briefly. Best be abandoned, since LUP directs Planning
Department and Planning Commission to corne up with
focal point planning programs.
10. Project Advisory Committee - no Resolutions or
Ordinances forming it - was established in BOCC Minutes
February 3, 1987 - were to help develop new EMS master
plan - but such has already been done by Arthur Young
Corp. and was adopted by BOCC. Inactive.
11. S.C.S.P. Advisory Council - established in 1980, but no
Resolutions or Ordinances can be found. Apparently has
something to do with Social Services. Has not been
active for many years.
12. Sign Ordinance Committee - no Resolutions or Ordinances
establishing - was established September 15, 1987 in
BOCC Minutes. Hasn't met since before current Sign
Ordinance was adopted.
13. Sunshine Key Focal Point Planning Committee - no
Resolutions or Ordinances establishing - hasn't met.
Job is properly Planning Department and Planning
Commission, per Land Use Plan."
Motion carried unanimously with Commissioner Lytton not pre-
sent.
There being no further business, the meeting was
adjourned.
*
*
*
*
*