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03/28/1990 Regular RR 125 Regular Meeting Board of County Commissioners Wednesday, March 28, 1990 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 Michael Puto, and Mayor John Stormont. Absent from the meeting was Commissioner Eugene Lytton. 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. COMMISSIONERS' ITEMS Motion was made by Mayor Stormont and seconded by Commissioner Jones to table Agenda Item B-2 concerning a recommendation for reappointment of the District 16 Medical Examiner. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Harvey and seconded by Commissioner Puto to approve the following items by una- nimous consent: COMMISSIONERS' ITEMS Board approved (after the fact) travel for Commissioner Lytton to Fort Lauderdale on March 19th to testify before the Water Resources, Transportation and Infrastructure Senate Subcommittee. Board approved execution of Mayor's Proclamation proclaiming the week of April 7 - 14, 1990 as COMMUNITY DEVELOPMENT WEEK. Board adopted the following Resolution supporting legisla- tion creating a new County Court Judgeship for Monroe County. RESOLUTION NO. 208-1990 See Res. Book No. 90 which is incorporated herein by reference. Board adopted the following Resolution requesting that the Florida Legislature fully fund and implement the Beach Management Act of 1987 in the amount of Seventy Million Dollars annually. RESOLUTION NO. 209-1990 See Res. Book No. 90 which is incorporated herein by reference. RR 126 Board adopted the following Resolution urging the Florida Legislature to fund six beach management planning positions in the Department of Natural Resources. RESOLUTION NO. 210-1990 See Res. Book No. 90 which is incorporated herein by reference. Board approved (after the fact) travel for Commissioner Puto to the Southeast Florida Coordinating Council on March 19th. MISCELLANEOUS BULK APPROVALS Board approved the request by St. Jude's Children's Hospital to use Key Deer Boulevard on April 7th from 9:00 a.m. to 12:00 Noon for a bicycle ride to benefit the Children's Hospital, subject to proper insurance and necessary docu- mentation. Board approved and authorized execution of a Lease Agreement with the Mental Health Care Center of the Lower Keys, Inc. for a portion of the Public Service Building on Stock Island for an Adolescent Drug and Alcohol Rehabilitation Center. Board approved and authorized execution of Amendment to Contract 2-PY'89-08-01 with the South Florida Employment and Training Consortium (JTPA Title II-A; $47,688 Contract Amount) . Board approved payment to The Porter Allen Company, Inc. in the amount of $22,065.00 for renewal premium for leased vehicles. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 211-1990 RESOLUTION NO. 212-1990 See Res. Book No. 90 which is incorporated herein by reference. Board adopted the following Resolutions transferring funds. RESOLUTION NO. 213-1990 RESOLUTION NO. 214-1990 See Res. Book No. 90 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 775-1989 concerning the receipt of unanticipated funds. RESOLUTION NO. 215-1990 See Res. Book No. 90 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 776-1989 concerning the receipt of unanticipated funds. RESOLUTION NO. 216-1990 See Res. Book No. 90 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 777-1989 concerning the receipt of unanticipated funds. RR 127 RESOLUTION NO. 217-1990 See Res. Book No. 90 which is incorporated herein by reference. Board approved the USAir, Inc./Pan Am Express Handling Agreement for operations at the Key West International Airport, subject to the following provisions: Pan Am Express is responsible to Monroe County for payment of their landing fees, as outlined in Article III, RENTALS & FEES, of the USAir lease. Pan Am Express will adhere to the same insurance requirements that are outlined in the USAir lease, as outlined in Article VIII, INDEMNITY. Pan Am Express is bound by the same Airport Rules and Regulations as per the USAir lease, as outlined in Article V, RULES & REGULATIONS. Board approved the following changes in the Technical Services Division of the Library Department: Elimination of two thirty hours per week Technical Processing Clerks = total of $25,186,17 Creation of one new forty hours per week position of Assistant Head of Technical Services = $18,532.58 Board adopted the following Resolution authorizing the Mayor to execute the Agreement between Monroe County (Bayshore Manor) and Joseph A. Russell, resident, and Michael Russell, responsible party, concerning residency at Bayshore Manor. RESOLUTION NO. 218-1990 See Res. Book No. 90 which is incorporated herein by reference. Board approved and authorized execution of an Agreement bet- ween Monroe County (Social Services Nutrition Program) and Ramonita Garrido regarding nutritionist services. Board approved and authorized execution of a Lease/Purchase Agreement with Xerox Corporation for a Model 5014 copying machine for Social Services/Lower Keys for thirty-six months in the monthly amount of $59.25. Board approved and authorized execution of a Lease/Purchase Agreement with Xerox Corporation for a Model 5014 copying machine for Social Services/Middle Keys for thirty-six months in the monthly amount of $59.25. Board approved and authorized execution of a Lease/Purchase Agreement with Xerox Corporation for a Model 5014 copying machine for Social Services/Upper Keys for thirty-six months in the monthly amount of $59.25. Board approved and authorized execution of an Agreement with the Social Security Administration concerning supplemental income for the aged, blind and disabled. RR 1 28 Board approved the request by A. T. and Cosmo Productions to use No Name Bridge on April 4th for a one-day shooting of a commercial, subject to proper insurance and necessary docu- mentation. Board approved removal of the following surplus property from Extension Service's Inventory: 2300-56 IBM Electric 65 Typewriter Board approved removal of the following surplus property from HRS County Public Health Unit's Inventory: 000-455 10.4 cu.ft. Sears Refrigerator/Freezer Board approved removal of the following surplus property from Tax Collector's Inventory: 2212B-40 GE Refrigerator Board approved removal of the following surplus property from Public Safety's Inventory: 1415-7 1420-22 1420-59 1424-6 1425-48 1425-94 Motorola Minitor with Charger Life-Pak 5 Monitor Recorder Life-Pak 5 Difibulator Motorola Pager Motorola Pager Motorola Pager Advertisements Board authorized the advertisement for Public Hearing of a proposed Ordinance relating to the demolition of uninhabi- table structures. Board approved and authorized the advertisement for Sealed Bids for the purchase of one Type III Ambulance through EMS Matching Grant No. LP 200 for Municipal Service Taxing District No.5. Flood Variance Applications Board approved the Application for Variance to the Flood Hazard Ordinance of Carole-Greg, Inc. for the placement of a mobile home below base flood elevation on Lot 31, Block 2, Cross Key Waterway, Key Largo; Zoned URM; Coastal Flood Zone AE 9', Panel 0844F; per staff conditions, and recommendation to elevate the mobile home to 36" in order to be in compliance with the new FEMA regulation which will soon be adopted by Monroe County. Board approved, subject to the provisions of Section 6.16.1(8) of the Monroe County Code, and per staff con- ditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Hubert Perret-Gentil for a garage addition, below base flood elevation, of more than 299 square feet with a cistern to be located in the ground within the enclosure, on Lot 1, Block 3, Buccaneer Point, Key Largo, Zoned IS; Coastal Flood Zone VE 12', Panel 1004F. Refund Request Board authorized payment of refund in the amount of $93.75 to Sonny Kerekes inasmuch as application for home occupa- tional license was withdrawn. RR 129 MUNICIPAL SERVICE DISTRICT (WASTE) Board waived Purchasing Policies and Procedures and approved payment to C. Bob Beale Co., Inc. in the amount of $10,509.30 (Invoice No. 10343) for work on Unit 4, Long Key Landfill. DIVISION OF COMMUNITY SERVICES Airport Services Board approved and authorized execution of Joint Participa- tion Agreement with Florida Department of Transportation for WPI6826669 to construct an east extension to the existing parallel taxiway at Marathon Airport and WPI6826672 to install taxiway lighting for this taxiway extension. Board approved and authorized execution of Joint Participa- tion Agreement with Florida Department of Transportation for WIP 6826703 to provide for purchasing and constructing T-Hangars and/or covered aircraft parking at Marathon Airport. Board adopted the following Resolution authorizing execution of Joint Participation Agreement Termination for the Terminal Renovation Project WPI6826607 at Key West International Airport. RESOLUTION NO. 219-1990 See Res. Book No. 90 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Consent Agenda Major Conditional Use Board approved Seaward Motel d/b/a Smuggler's Inn, Marathon, MM 52, Major Conditional use Development Order issued by the Planning Commission on September 28, 1989. Board adopted the following Resolution authorizing the Mayor/Chairman to enter into a Settlement Agreement by and between John and Robin Takovich, the Florida Department of Community Affairs and Monroe County regarding County Building Permit No. 891 000 2469 for a single-family residence and Biological Permit No. 89 000 2180 for after- the-fact land clearing on real property known as Lot BE, Palm Drive, Big Pine Key. RESOLUTION NO. 220-1990 See Res. Book No. 90 which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES Grants Management Board adopted the following Resolution authorizing the designation of an Office of Substance Abuse Policy and con- cerning actions to be taken in preparation for seeking Federal Anti-Drug Abuse Act Funds. I RR 1 30 RESOLUTION NO. 221-1990 See Res. Book No. 90 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Emergency Medical Services Board approved purchase from Physio Control Corporation, the sole source vendor, of one Life-Pak 10 Monitor/Defibrillator with built-in external pacer in the amount of $10,535.00 through EMS Matching Grant No. LP 199. Civil Defense Board approved and authorized execution of Emergency Management Assistance Agreement between Monroe County (Civil Defense) and Florida Department of Community Affairs (Agreement #90EM-52-11-54-10-038). DIVISION OF PUBLIC WORKS Engineering Board approved and authorized execution of Change Order No. 3 to Frank Keevan & Sons, Inc. for the Duck Key/Marathon Bridge Rehabilitation Project with a net increase of $152,894.00 and twenty days. Board approved and authorized execution of Contract with Upper Keys Marine Construction, Inc. for the Plantation Key Water Line Extension Project in the amount of $105,630.00. Board approved and authorized execution of License Agreement N62467-89-RP-00197 with the United States Department of the Navy requiring the Public Works Department to maintain Boca Chica Beach. Roads and Bridges Board approved and authorized execution of Cooperative Agreement No. 14-16-0004-90-921 with the United States Department of the Interior, Fish and Wildlife Service, outlining the provision for the Public Works Department to assist in the placement of signs and clearing the right-of- way along Key Deer Boulevard. Facilities Maintenance Board approved non-renewal of Contract with Ace Building Maintenance for janitorial services provided to the Sheriff's Department at the Justice Building in Key West. Board authorized advertising for Sealed Bids for Janitorial Services at the Justice Building in Key West. Board approved non-renewal of Contract with Southernmost Pest Control for pest control services for the Lower Keys facilities. Board authorized advertising a Request For Proposals for Pest Control Services for the Lower Keys facilities. Board approved renewal of Contract with Ace Building Maintenance for Janitorial Services to 1315 Whitehead Street in Key West. RR 1 3 1 Board approved renewal of Contract with Ace Building Maintenance for Janitorial Services for Jackson Square Complex in Key West. Board approved renewal of Contract with Jayne's Cleaning Service for Janitorial Services for Cudjoe Key Sheriff's Substation. Board approved and authorized the paving of the Public Works compound area located on Aviation Boulevard in Marathon at an estimated cost of $8,180.00. Board approved and authorized execution of Contract with D-N-G, Inc. d/b/a David Electric for Exterior Public Restroom Rehabilitation at the Monroe County Courthouse in the amount of $18,000.00. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. State Paving Corporation, in the amount of $6,968.63, for Final Payment re Marathon Airport Rotating Beacon Project. 2. Taylor, Brion, Buker & Greene, in the amount of $12.60, for professional services re Tom Pennekamp, et al v. Proby, Wolfe and Craig. 3. The Brewer Company of Florida, in the amount of $36,374.70, for Final Payment re Card Sound Road I Project. 4. Cody & Associates, in the amount of $8,834.00, for Final Payment re Wage, Classification and Efficiency Study. 5. Rosenman & Colin, in the amount of $3,322.44, for professional services re Monroe County Translator System. 6. Floyd Pearson Richman Greer Weil Zack & Brumbaugh, in the amount of $9,595.57, for professional services re New Port Largo v. Monroe County. 7. Taylor, Brion, Buker & Greene, in the amount of $2,638.78, for professional services re Tom Pennekamp, et al v. Proby, Wolfe and Craig. 8. The Brewer Company of Florida, in the amount of $252,682.24, for Revised Final Payment re Key West International Airport Apron Project. 9. Hansen Lind Meyer, Inc., in the amount of $2,628.62, for professional services re Monroe County Correctional System Master Plan. 10. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $7,316.38, for professional services through 2/26/90. RR 1 32 COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Peter M. Bursten, Ph.D., in the amount of $600.00; Guillermo D. Marcovici, Ph.D., in the amount of $400.00; Mental Health Care Center of the Lower Keys, in the amount of $350.00; Tanju T. Mishara, Ph.D., in the amount of $500.00. COURT-APPOINTED ATTORNEYS, Michael E. Cox, in the amount of $4,477.00; Franklin D. Greenman, in the amount of $779.75; Leonard F. Mikul, in the amount of $1,643.50; John F. Rooney, in the amount of $2,776.25; John Rotolo, in the amount of $300.00; Joseph B. wolkowsky, in the amount of $125.50; Carol Ann Wolf, in the amount of $512.00. OTHER EXPENSES, Joseph R. Messina, Deputy Sheriff, in the amount of $45.00; Louis Spallone, Clerk, in the amount of $250.00; State of Florida, in the amount of $597.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $1,628.95; Billie Jean Fase, in the amount of $60.00; Kathleen A. Fegers, in the amount of $1,888.50; Florida Keys Reporting, in the amount of $878.00; Amy Landry, in the amount of $1,458.00; Alice E. McDonald, in the amount of $383.25; Nichols and Hardy, in the amount of $194.00; Lisa Roeser, in the amount of $562.50. COURT INTERPRETER SERVICES, J. R. Alayon, in the amount of $295.00; Juan Borges, in the amount of $480.00; Juli Barish, in the amount of $380.00; Marie Luci Kuechler, in the amount of $35.00; Mayda Maloney, in the amount of $25.00; Alexandra Ramos, in the amount of $575.00; R. F. Riggs, in the amount of $35.00; Witold G. Wojaczek, in the amount of $45.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $1,518.25; Regular Witness Fees, in the amount of $340.00. Board approved the following Warrants: GENERAL REVENUE FUND, #124073-#124807, in the amount of $3,454,733.70. SUPPLEMENT TO GENERAL REVENUE FUND, #320-#323, in the amount of $67,33~51. FINE & FORFEITURE FUND, #949-#959, in the amount of $1,186,986.83.- AIRPORT OPERATION & MAINTENANCE FUND, #591-#596, in the amount of $49,980.95. ROAD & BRIDGE FUND, #598-#601, in the amount of $232,092.or:- MSD TAX DISTRICT, #1370-#1379, in the amount of $674,530.86. --- MSD - MARINE BANK (Marathon), #531-#535, in the amount of-s342,088.97.---- MSD - PLEDGED FUNDS, #179, in the amount of $500,000.00. RR 133 LAW LIBRARY FUND, #303, in the amount of $2,200.00. CAPITAL PROJECTS FUND, #399-#405, in the amount of $106,005.79. ---- MONROE COUNTY GROUP INSURANCE, #364-#367, in the amount of $20,328.32. CARD SOUND BRIDGE FUND, #315-#318, in the amount of $25,314.3~ WORKERS COMPENSATION, #3181-#3208, in the amount of $37,817.39. TOURIST DEVELOPMENT COUNCIL, #635-#638, in the amount of $816,547.01. TRANSLATOR FUND, #257-#260, in the amount of $18,944.30. FAIR SHARE IMPROVEMENT TRUST FUND, #11-#15, in the amount of~572.97. RISK MANAGEMENT FUND, #74-#76, in the amount of $11,468.7~ PLANNING, BUILDING ~ CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, #239-#242, in the amount of $410,131.47. UPPER KEYS TRAUMA DISTRICT, #24-#27, in the amount of $28,748.16. Board officially approved the Minutes of the following meetings of the Board of County Commissioners: 3/6/90 (2), 3/7/90, 3/8/90, 3/13/90 TOURIST DEVELOPMENT COUNCIL Board approved payment of Tourist Development Council expen- ditures in the amount of $51,64.21 (Input Date 3/13/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $22,182.58 (Input Date 3/3/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $59,376.13 (Input Date 3/13/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $32,853.03 (Input Date 3/3/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $35,707.07 (Input Date 3/13/90), subject to final invoice approval by the County Finance Department. RR 134 Board approved payment of Tourist Development Council expen- ditures in the amount of $136,918.32 (Input Date 3/3/90), subject to final invoice approval by the County Finance Department. Board adopted the following Resolutions transferring funds. RESOLUTION NO. 222-1990 RESOLUTION NO. 223-1990 See Res. Book No. 90 which is incorporated herein by reference. Board approved $34,000.00, District I, Third Penny, Special Events for the ABPA/Key West Offshore Challenge. Board approved $18,000.00, District I, Third Penny, Promotion & Advertising for the Key West Art & Historical Society Brochure. Board approved $10,000.00, District I, Third Penny, Special Events for the Key West Literary Seminar Walking Tour. Board approved $28,000.00, District II, Third Penny, Promotion & Advertising for Phase II of District Advisory Campaign. Board approved $70,000.00, District III, Third Penny, Bricks & Mortar for the Crane Point Hammock Children's Museum. Board approved $10,000.00, District IV, Third Penny, Promotion & Advertising for the Redbone Video. Board approved $2,400.00, District IV, Third Penny, Promotion & Advertising for the DEMA Trade Show, January 12- 21, 1990, Orlando. Board approved $2,400.00, District V, Third Penny, Promotion & Advertising for the DEMA Trade Show, January 12-21, 1990, Orlando. Board approved $1,400.00, District IV, Third Penny, Promo- tion & Advertising for the Miami International Boat Show, February 15-21, 1990. Board approved $1,400.00, District V, Third Penny, Promotion & Advertising for the Miami International Boat Show, February 15-21, 1990. Board approved $19,170.00, District V, Third Penny, Promotion & Advertising for the African Queen. Board approved $3,500.00, District V, Third Penny, Promotion & Advertising for the Key Largo Underwater Park. Board approved payment of Tourist Development Council expen- ditures in the amount of $232,374.85 (Input Date 3/21/90), subject to final invoice approval by the County Finance Department. Board adopted the following Resolutions transferring funds. RESOLUTION NO. 224-1990 RESOLUTION NO. 225-1990 See Res. Book No. 90 which is incorporated herein by reference. Motion carried unanimously. RR 1 35 COMMISSIONERS' ITEMS Mayor Stormont presented to Jim Carroll a Proclamation proclaiming April 22, 1990 as EARTH DAY 1990. Mayor Stormont discussed a funding request from the Upper Keys Health Care Taxing District. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to approve the request of the Upper Keys Health Care Taxing District Advisory Board and the recommendation of Mayor Stormont in his memorandum dated March 15, 1990, as quoted below: "1. Recommend to the Governing Body approval of expenditure of up to $6,000.00 for off- setting design fees for Emergency Room construction improvements, Surgery construction improvements and Intensive Care Unit construction improvements. Payment to be upon presentation of copy of a vendor invoice indicating vendor total charge, against which $6,000.00 reimbursement would be made to Mariner's Hospital. 2. Provide for reserve in current fund alloca- tions of $400,000.00 for construction and equipping of facilities, to include (from proposal from Mariner's) Emergency Room Department item 1 and Intensive Care Unit Expansion item 3. These funds are available in Pre-transport Treatment (approximately $164,000.00) and Facilities (approximately $241,000.00). Additionally, after financial analysis (next point) is made, reserve status of these funds might provide potential financing package together with projected revenues over the next three years (next item) . 3. The Governing Body approve in concept the Mariner's needs assessment, with directions back to the Advisory Board and our financial consultants to develop a financial package for allocation of future Upper Keys Health Care Taxing District revenues towards Mariner's recommended expansion plans, to be brought before the Board of County Commissioners. There is a projected amount of $646,150.00 in Pre-Transport Treatment over the next three fiscal years and $662,332.00 in Facilities over the next three fiscal years. Statutory provisions permit re-allocation of funds, per fiscal year, to meet shifting projected needs. These projected figures are based on current percentage utilization. It is recognized that this will be the first utilization of Trauma Taxing District funds, and circumstances may be unique concerning abilities and processes of utilization of the ordinanced funds for purposes such as this. RR 136 For this reason, I would request that the Clerk and the County Attorney work toward and develop criteria which may be applicable to guide the expenditures of these funds, as the Ordinance allows. These considerations should be, at a minimum: 1. Ownership of such constructed facilities and equipment (i.e. the Taxing District>. 2. Lease arrangements and responsibilities for the facilities and equipment (transferral to Mariner's Hospital with appropriate District safeguards>. 3. Procedural guidelines for Mariner's construction of the facilities (i.e. public bid processes, allowable expenditures, etc.). 4. Process of reimbursement (or other coverage of payment method) for such expenditures (i.e. contractual, on monthly invoice, if practicable, against lump sum, if practicable, etc. > . " Motion carried unanimously. Commissioner Jones discussed a referendum for a taxing district for the Greater Marathon area for the construction, maintenance and operation of the proposed Arts Center. The Board then discussed the Special Meeting called for 9:00 a.m. on April 12th at Key Colony Beach. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to expand the call for that meeting to include financing methods, design, location matters, and any and all ramifications concerning the Fine Arts/Government Center in Marathon. Motion carried unanimously. Commissioner Puto, Public Works Division Director Dent Pierce, Sheriff Allison DeFoor, and the Board discussed traffic problems on Big pine Key. Motion was made by Commissioner Puto and seconded by Commissioner Jones to request, through the County Administrator, that the Engineering Department make a determination on all matters that required FOOT consideration and that the Planning Department consider an amendment that would help correct the problems with parking at the Flea Market on Big Pine Key and also to include the Sheriff's Department in the group for a solution to this problem. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed a letter from Sheriff DeFoor requesting relocation of his offices to the new jail facility site being considered for Stock Island. Sheriff DeFoor addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to authorize Morrison-Knudsen to study the request made by the Sheriff and report back to the Board. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution recognizing the existence and excellence of the Florida Keys Water Quality Committee and its interest, concern, and per- severance relating to water quality issues in the Florida Keys. Motion carried unanimously. RR 137 RESOLUTION NO. 226-1990 See Res. Book No. 90 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Jones to continue to the next meeting a pro- posed Resolution supporting SB1370 and HB1933 relating to the Maritime Fisheries Commission. Motion carried unani- mously. Commissioner Puto discussed a request for joint participation in the culvert project at Key Colony Beach. Mickey Feiner, Mayor of the City of Key Colony Beach, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Jones to authorize the issuance of a Professional Service Order to Post, Buckley, Schuh & Jernigan for the design engineering of the culvert project. Motion carried unanimously. BULK APPROVALS Advertisements Mayor Feiner, Chairman of the Tourist Development Council, addressed the Board and requested that they table the request for approval to advertise an Ordinance relating to the Fine Arts Council using Tourist Development Trust Funds. Arlene Reiser of the Fine Arts Council addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to request the Fine Arts Council's attorney and the County Attorney to confer on the Ordinance and to include the Chairman of the Tourist Development Councilor his representative at such meeting. Motion carried unanimously. Refund Requests The Board and the County Attorney discussed the provisions of 6.16.1(4) and 6-42 of the Monroe County Code. Motion was made by Commissioner Puto and seconded by Commissioner Jones to authorize payment of refund in the amount of $732.00 on Building/Fire Marshal fees to Big Pine United Methodist Church and also a fee waiver on future Electrical permit ($219.00), Plumbing permit ($60.00), and A/C permit (may be submitted at a later date). Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Jones to authorize payment of refund in the amount of $1,002.00 on Building/Fire Marshal fees to the Keys Jewish Community Center, Inc. and also a fee waiver on future Electric permit ($235.00), Plumbing permit ($159.00), and A/C permit ($162.00). Motion carried unanimously. Advertisements Arlene Reiser re-addressed the Board regarding the TDC funding Ordinance and advertising money. COUNTY ATTORNEY Randy Ludacer, County Attorney, discussed the jail acquisition procedure and advised the Board that he had ten- dered to the property owner a proposed contract with certain conditions. RR 138 Mr. Ludacer advised that the New Port Largo appeal petition for attorney's fees had been rejected and that his office was in the process of filing a cross-appeal. The County Attorney addressed the problems finding replacements for the positions of Assistant County Attorney at the current salary of $35,000.00. He requested that all of the Assistant County Attorney positions be increased by $5,000.00, including a $5,000.00 increase in the starting salary. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to increase the salary of all Assistant County Attorneys and the starting salary by $5,000.00. Motion carried unanimously. MUNICIPAL SERVICE DISTRICT (WASTE) Charles Aguero, MSD Director, discussed the expan- sion of the Cudjoe Key Landfill project. Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve and authorize execution of an Agreement with Enviromet, Inc. for removal of white goods from Monroe County. Motion carried unanimously. Mr. Aguero advised the Board that during the expan- sion of the Cudjoe Key Landfill project, a sinkhole was discovered and would require 3,000 square yards of fill. Motion was made by Commissioner Jones and seconded by Commissioner Puto to waive the Purchasing policies and Procedures due to an emergency situation and authorize the purchase of 3,000 square yards of fill for the expansion of the Cudjoe Key Landfill project. Motion carried unani- mously. Connie Grabois, Recycling Coordinator, discussed containers, production of videos, and other recycling mat- ters. * * * * * 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 Mickey Feiner, Hal Halenza, John Stormont and Chairman Michael Puto. Absent from the meeting was Eugene Lytton. Reggie Paros, Director of the Division of Public Safety, discussed the bids received for SCBA Airpacks and Cylinders. Motion was made by Commissioner Halenza and seconded by Chairman Puto to award the bid to Ten-8 Fire Equipment Co. of Bradenton, Florida for twenty-two Airpaks with quick-fill system options and ten cylinders for a grand total of $32,675.28. Motion carried unanimously. Motion was made by Commissioner Halenza and seconded by Chairman Puto to authorize advertising for Sealed Bids for the purchase of one Type III ambulance through EMS Matching Grant No. LP 198. Motion carried una- nimously. RR 139 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. BULK APPROVALS Louis LaTorre, Director of Social Services Director, and Peter Horton, Division Director of Community Services, addressed the Board. After discussion, motion was made by Commissioner Puto and seconded by Mayor Stormont to adopt the following Resolution authorizing the Mayor/Chairman of the Board to enter into an Agreement to participate in the Shared County and State Health Care Program between Monroe County and the Department of Health and Rehabilitative Services. Motion carried unanimously. RESOLUTION NO. 227-1990 See Res. Book No. 90 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Airport Services Motion was made by Mayor Stormont and seconded by Commissioner Jones to approve and authorize execution of an Agreement with Post, Buckley, Schuh & Jernigan for pro- fessional services as General Airport Consultant with a ter- mination date of July 1, 1990. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Jones to authorize execution of a Joint Par- ticipation Agreement with Florida Department of Transportation for Phase II construction of a new Public Terminal Building at the Marathon Airport. Motion carried unanimously. * * * * * BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals and considered the appeal by Pinewood Materials Corporation of the Planning Commission's decision to deny a height variance for a cement storage silo located on Lots 4, 5, 6, 7, part of Lot 8, Block 3 and part of Tract A, Lincoln Manor Subdivision, Marathon. Bill Spottswood, attorney representing Pinewood Materials Corporation, addressed the Board and indicated that his client desired to proceed with the hearing by the Board of Appeals in spite of the fact that a full Commission was not present. Mr. Spottswood addressed the Board concerning the appeal. Ty Symroski, Development Review Coordinator, addressed the Board. RR 140 Motion was made by Commissioner Harvey and seconded by Commissioner Puto to overturn the decision of the Planning Commission and grant the variance based upon the following criteria: 1. A pollution control device required by the State of Florida resulted in the need for the variance. 2. Not granting the variance would re- sult in economic hardship to the residents of the Lower and Middle Keys due to increased building costs. 3. The Planning Commission failed to identify why they denied the vari- ance. 4. This equipment represented improve- ment over the existing equipment in that it was safer, more efficient, less polluting, and less noisy. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Puto Mayor Stormont ~s Yes Yes No Motion carried. * * * * * DIVISION OF COMMUNITY SERVICES Airport Services Division Director Peter Horton, Earl Cheal, and Phil Edwards addressed the Board regarding the Marathon Airport fence. Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve Plan A with the provision that the fence be tied to the new Terminal Building and the Fire Station. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Harvey to approve creation of an entrance to Marathon Aviation in the vicinity of the extensions of 84th and 87th Streets. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto to place the fence at the retention ponds following the fence line which preceded the construction of the ponds. During discussion, this motion was withdrawn. Mickey McCullough of Post, Buckley, Schuh & Jernigan addressed the Board. The Board discussed proposals received from Erect-A-Tube, Inc. and First Aircraft Hangar Group, Inc. concerning the development of T-Hangars at the Marathon Airport. Motion was made by Mayor Stormont and seconded by Commissioner Jones to reject both proposals and authorize Staff to propose County construction of the hangars and operation with the First Aircraft Hangar Group to receive the right of first refusal on the first eleven T-Hangars. Motion carried unanimously. The Board discussed short listing the respondents to the RFP's for Airport Engineering Consultants and directed Staff to provide a minimum of three applicants. RR 1 4 1 DIVISION OF GROWTH MANAGEMENT Report Bob Herman, Acting Division Director, discussed a letter from DCA dated March 21, 1990 concerning certain exemptions from the DCA review process. Planning Department Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution rescinding Resolution No. 097-1990 pertaining to Lease Agreement between Monroe County and George M. Scott regarding the lease of Suite C at Conch Plaza Office Building in Tavernier for storage for the Growth Management Division. Motion carried unanimously. RESOLUTION NO. 228-1990 See Res. Book No. 90 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve and authorize execution of a Lease Agreement with George M. Scott relating to storage space for the Growth Management Division in the Conch Plaza Office Building in Tavernier. Motion carried unanimously. Mark Rosch of the Planning Department addressed the Board. Jack ShinIer of Post, Buckley, Schuh & Jernigan presented the results of the U.S. 1 Roadway Capacity Analysis. Motion was made by Commissioner Puto and seconded by Mayor Stormont to adopt the U.S. 1 Roadway Capacity Analysis subject to DOT minor revisions. Motion carried unanimously. Mark Rosch presented the 1990 Assessment of Public Facilities Capacity. Kerry Highsmith representing the Superintendent of Public Instruction, A. J. Henriquez, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Jones to remove schools from the Facilities portion of the 9-J-5 Land Use Plan. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Stormont to adopt the report subject to minor revisions from DOT concerning the traffic element. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Puto Mayor Stormont Yes No Yes Yes Motion carried. Mr. Herman discussed certain procedural matters concerning Level of Service and Adequate Facilities. Motion was made by Commissioner Puto and seconded by Commissioner Jones to direct Staff to negotiate an enfor- ceable Development Agreement to insure that necessary faci- lities will be provided in inadequate areas noted in the Plan between Monroe County and the District School Board concerning schools. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Harvey to direct Staff to proceed with Level of Service "D" in the traffic element of the 9-J-5 Plan. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Stormont to direct Staff not to issue any permits on Big Pine Key until DOT approval of the RR 142 Traffic Study in accordance with the County Attorney's opi- nion. Motion carried unanimously. A discussion of the Derelict Vessels in Florida Coastal Waters Study was continued to the Key West meeting. Vested Rights The matter concerning the Vested Rights Hearing of Sunset Hammock (First Federal Savings and Loan Association of the Florida Keys) was postponed to the May meeting. Environmental Resources A discussion of a dock permitting policy was con- tinued to the Key West meeting. COUNTY ADMINISTRATOR The report on the Marathon Regional Permitting Center Project chronology was continued to April 12th. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Jones and seconded by Commissioner Harvey to purchase two 1990 compact pickup trucks from the low bidder, Duncan Ford of Key West, at a price of $8,390.00 each, or a total of $16,780.00. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to purchase one 5-passenger van from the low bidder, Duncan Ford of Key West, at a price of $13,136.00. Motion carried unanimously. DIVISION OF MANAGEMENT SERVICES Dr. Nelms, County Medical Examiner, addressed the Board and requested an additional appropriation to bring his Budget to $186,505.00. Motion was made by Commissioner Jones and seconded by Commissioner Puto to approve the request to be provided from Contingency in the amount of an additional $24,855.00. Motion carried unanimously with Commissioner Harvey not present. Motion was made by Mayor Stormont and seconded by Commissioner Jones to authorize the Mayor to execute a letter to the Federal Communications Commission protesting FCC's denial of the County's request to appear and give testimony at the Florida Cable Television Hearing. Motion carried unanimously with Commissioner Harvey not present. Motion was made by Commissioner Jones and seconded by Mayor Stormont to approve an additional Insurance Technician's position for the Employee Benefits Section at a Pay Grade of 41-A with a Salary of $17,911.06, said position to be funded from Employee Benefits Contingency funds. Motion carried unanimously with Commissioner Harvey not pre- sent. Motion was made by Mayor Stormont and seconded by Commissioner Puto to authorize the advertisement of a Public Hearing regarding the use of impact fees for the Municipal Service District. Motion carried unanimously with Commissioner Harvey not present. RR 143 Motion was made by Mayor Stormont and seconded by Commissioner Puto to give approval to proceed with the purchase of the IBM AS/400 Computer System at a total cost of $412,209.00, subject to appropriate allocation from the 1988 Bond Issue, and to waive the Purchasing policies and Procedures due to the need to provide compatible equipment. Motion carried unanimously with Commissioner Harvey not pre- sent. DIVISION OF PUBLIC WORKS Consulting Engineer Bob Harris of Post, Buckley, Schuh & Jernigan discussed the South Florida Water Management District's standards for drainage. Motion was made by Commissioner Puto and seconded by Commissioner Jones to direct Mr. Harris, the County Administrator, and the County Attorney to draft a Resolution requesting the South Florida Water Management District to study storm water disposal in the Keys. Motion carried unanimously with Commissioner Harvey not present. COUNTY ADMINISTRATOR Tom Brown, County Administrator, advised that the County's request for assistance in funding the new jail would be considered by the City Commission of the City of Key West at their next meeting. Motion was made by Commissioner Puto and seconded by Mayor Stormont to request Commissioners Harvey and Jones to appear at that meeting to discuss the County's request. Motion carried unanimously with Commissioner Harvey not pre- sent. Appointments Motion was made by Mayor Stormont and seconded by Commissioner Puto to accept the recommendations of the Florida Keys Council For The Handicapped and make the following appointments: District 4 District 4 District 3 District 3 District 5 Gigi Grider Karen LaLonde Jeanne Knepper Pete Myers Sheryl Myers Motion carried unanimously with Commissioner Harvey not pre- sent. Motion was made by Commissioner Puto and seconded by Mayor Stormont to approve and authorize execution of an Employment Agreement with Daniel Gaffney as a Planner for a period not to exceed six months, at a salary of $42,000.00 per year. Motion carried unanimously with Commissioner Harvey not present. Motion was made by Mayor Stormont and seconded by Commissioner Puto to grant authority to the County Administrator to sign a Major Conditional Use Application for the construction of a communications tower on Big pine Key, but direct that a policy be developed concerning the County representing itself before other boards and com- missions of the County. Motion carried unanimously. RR 1 44 AWARD OF BIDS Motion was made by Commissioner Puto and seconded by Mayor Stormont to accept the recommendation of the Fire Marshal to award the bid for SCBA Airpaks for Municipal Services Taxing District 6 to the low bidder, FireMaster of Orlando, Florida for twenty Airpaks with Quick Fill System option at $1,327.92 each, for a grand total of $26,558.40. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to accept the recommendation of the Public Works Division to award the bid for 92 Octane Unleaded Gasoline to the low bidder, Dion Oil Company, at $.6200 and also to award the bid for #2 Diesel Fuel to the low bidder, Blaylock Oil Company, for $.662. Motion carried unanimous,ly. Motion was made by Commissioner Harvey and seconded by Commissioner Puto to accept Staff's recommendation to award the bid for the Card Sound Bridge Rehabilitation Project to the lowest conforming bidder, Frank Keevan and Son, Inc., in the amount of $472,100.00. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Harvey to accept Staff's recommendation to reject bids from Carr Smith and Dennis Beebe for the design and project administration of the Card Sound Toll Booth Canopy; to select Post, Buckley, Schuh & Jernigan for the project; and to approve and authorize execution of a PSO with Post, Buckley, Schuh & Jernigan in the amount of $9,685.00 plus reimbursements. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Mayor Stormont to accept the recommendation of the Municipal Service District to award the bid for four 1990 3/4-ton Pickup Trucks to the lowest bidder, Duncan Ford, in the amount of $12,348.00 each. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Puto Mayor Stormont Yes No Yes Yes Motion carried. Motion was made by Commissioner Harvey and seconded by Mayor Stormont to accept the recommendation of the Municipal Service District to award the bid for two 1990 I-Ton Pickup Trucks to the lowest bidder, Bob Chango Inc., in the amount of $13,445.00 each. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Puto Mayor Stormont Yes No Yes Yes Motion carried. Motion was made by Mayor Stormont and seconded by Commissioner Puto to accept the recommendation of the Municipal Service District to award the bid for one 1990 4-door Passenger Automobile to the lowest bidder, Duncan Ford, in the amount of $11,998.00. Roll call vote was taken with the following results: RR 1 4 5 Commissioner Harvey Commissioner Jones Commissioner Puto Mayor Stormont Yes No Yes Yes Motion carried. Motion was made by Commissioner Jones and seconded by Commissioner Puto to accept the recommendation of the Municipal Service District to award the bid for one Front End Loader to Case Power & Equipment in the amount of $54,695.00 and to direct that this would be the last purchase of any payloaders for the rest of the year. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Puto Mayor Stormont Yes Yes No No Motion failed. Mr. Aguero advised the Board that he was in receipt of a letter from the second lowest bidder objecting to the fact that the low bidder did not provide the automa- tic coupler specified. Motion was then made by Mayor Stormont and seconded by Commissioner Harvey to accept the recommendation of the Municipal Service District to award the bid for one Front End Loader to Case Power & Equipment in the amount of $54,695.00 with a modification of the Specifications to delete the requirement for an automatic coupler. Roll call vote was unanimous. There being no further business, the meeting was adjourned. * * * * *