04/17/1990 Regular
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Regular Meeting/Comprehensive Plcp
Board of County Commissioners
Tuesday, April 17, 1990
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 10:45 a.m. on the above
date in Courtroom B of the Courthouse Annex in Key West.
Present and answering to roll call were Commissioner
Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner
Eugene Lytton, and Mayor John Stormont. Absent from the
meeting was Commissioner Michael Puto. Also present were
Rosalie L. Connolly, Deputy Clerk: Randy Ludacer, County
Attorney: Garth Coller, Assistant County Attorney: Tom
Brown, County Administrator; County Staff: members of the
Press and Radio: and the general public.
All stood for the Invocation and Pledge of
Allegiance.
Robert Baggs, Project Director, addressed the Board
and distributed the Preliminary Assessment.
After discussion, Commissioner Lytton requested an
executive summary setting out that if an element has been
disposed of to Mr. Baggs' satisfaction, that he advise the
Board if it basically complies or coincides with the
existing element in the 380 Plan and if there are substan-
tial deviations, that Mr. Baggs advise what was in the old
element and what the substantial deviation is.
Commissioner Lytton and the Board entered into a
discussion regarding the letter received from the Florida
Department of Transportation regarding the Level of Service.
Mr. Baggs was directed to attempt to schedule a meeting with
the Assistant Secretary of FOOT while in Tallahassee this
week and to request Representative Saunders' assistance in
arranging such a meeting.
There being no further business, the meeting was
adjourned.
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Regular Meeting
Board of County Commissioners
Tuesday, April 17, 1990
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 1:00 p.m. on the above date
in Courtroom B at the Courthouse Annex in Key West. Present
and answering to roll call were Commissioner Wilhelmina
Harvey, Commissioner Douglas Jones, Commissioner Michael
Puto, and Mayor John stormont. Commissioner Lytton arrived
after roll call. Also present were Rosalie L. Connolly,
Deputy Clerk: Randy Ludacer, County Attorney: Garth Coller,
Assistant County Attorney: TOm Brown, County Administrator;
County Staff: members of the Press and Radio: and the
general public.
All stood for the Invocation and Pledge of
Allegiance.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to approve the following items by
unanimous consent:
AWARD OF BIDS
Board accepted the recommendation of Staff to award the bid
to the low bidder, The Key West Citizen, for publication of
Monroe County's 1989 Delinquent Tax Rolls at $.97 per line.
Board accepted the recommendation of Staff to award the bids
for sale of surplus property to the high bidders as set out
below:
1982 Ford Fairmont
1980 Ford Fairmont
1981 Plymouth
1979 Ford Van
1980 Fairmont Wagon
1985 Pontiac
Steel Spiral Staircase
Steel Spiral staircase
James H. Boozer
patricia Balli
B & B Auto Parts
B & B Auto Parts
B & B Auto Parts
B & B Auto Parts
Frank Rogel
Frank Rogel
$300.00
$350.00
$ 55. 90
$ 38.70
$ 32.90
$ 41.20
$ 87.50
$ 87.50
Board accepted Staff recommendation to remove from inven-
tories of the respective departments all those items of
surplus property set out for bid opening on February 16,
1990 inasmuch as no bids were received.
TOURIST DEVELOPMENT COUNCIL
Board approved payment of TOurist Development Council expen-
ditures in the amount of $29,897.46 (Input Date 3/20/90),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $12,505.59 (Input Date 3/21/90),
subject to final invoice approval by the County Finance
Department.
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Board approved payment of Tourist Development Council expen-
ditures in the amount of $18,851.60 (Input Date 3/26/90),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $116,942.08 (Input Date 3/26/90),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $57,261.92 (Input Date 3/26/90),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $19,562.53 (Input Date 3/21/90),
subject to final invoice approval by the County Finance
Department.
Board adopted the following Resolutions transferring funds.
RESOLUTION NO. 231-1990
RESOLUTION NO. 232-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Board approved $3,400.00, District IV, Third Penny,
Promotion & Advertising for the Redbone Celebrity
Tournament.
Board approved $4,000.00, District V, Third Penny, Promotion
& Advertising for Coupon Book for District Advertising
Campaign.
Board approved $23,333.00, District I, Third Penny, Special
Events for the S.L.A.M. Fishing Tournament - September 7-9,
1990.
Board approved $8,000.00, District IV, Third Penny, Special
Events for the Don Hawley Invitational Tarpon Tournament -
June 4-8, 1990.
Board granted permission to advertise a Request For
Proposals for Major Events.
Board approved and authorized execution of an Addendum to
the Agreement with USA 800, Inc.
Board approved the following Districts' Tourist Information
Services reimbursements in lieu of contract coverage:
Key Largo
Marathon
Lower Keys
Key West
$194.07
$ 3.85
$ 77.73
$239.81
Board adopted the following Resolution transferring funds.
RESOLUTION NO. 233-1990
See Res. Book No. 90 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved and authorized execution of a contract with
Morrison-Knudsen/Gerrits as Monroe County Construction
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Program Manager.
Board approved and accepted the Administrative Procedures of
the Upper Keys Health Care Taxing District Advisory Council.
Motion carried unanimously.
SOUNDING BOARD
Sandra Von Staden of the Broward County Health and
Public Safety Department and Ed Seebol, Executive Director
of AIDS Help, Inc., addressed the Board. Motion was made by
Commissioner Jones and seconded by Commissioner Puto to
contribute $3,000.00 (from BOCC Contingency) as Monroe
County's share towards the costs of a publication for an
educational brochure for residents of Broward, Dade, Monroe
and Palm Beach County on AIDS, including South Florida's
positive response to this health crisis. Motion carried
unanimously.
David Paul Horan, attorney representing the
Apostolic Pentecostal Church of Jesus Christ, the operator
of the Big Pine Key Flea Market, addressed the Board and
discussed roads entering and leaving the Flea Market
grounds. Sheriff DeFoor also addressed the Board. No offi-
cial action was taken.
MISCELLANEOUS
Debbie Fassnacht, Court Administrator, addressed
the Board regarding the Guardianship Program and the
necessity for a revised budget. After a lengthy discussion,
motion was made by Commissioner Jones and seconded by
Commissioner Puto to continue to the next Key West meeting
and instructing the Court Administrator to supply additional
information such as the number of current total guardian
cases, the number of indigent guardian cases, how many are
already being paid under a guardianship situation, what role
is Hospice or any other agency playing, the already existing
statutory funding mechanisms, the procedure through which
guardianship is decided, dollar breakdowns for office space
requirements, etc. Edward Seebol addressed the Board.
Motion carried unanimously.
Ms. Fassnacht then addressed the Board concerning
additional office space at 323 Fleming Street for the
Guardian Ad Litem Program and the Pretrial Services Program.
During discussion, the County Administrator was directed to
check into the cost of renovating the old courtroom at 310
Fleming Street and report back at the next meeting.
Commissioner Jones also requested an inventory of all
available empty space. After further discussion, motion was
made by Mayor Stormont and seconded by Commissioner Jones to
authorize execution of a five-month lease with the United
States Postal Service for the space at 323 Fleming Street at
an annual rental of $24,100.00, and also to direct the
County Administrator to report back to the Board on alter-
nate potential sites. Motion carried unanimously.
** THE ABOVE ITEM WAS REVISITED
LATER IN THE MEETING **
After discussion, motion was made by Mayor Stormont
and seconded by Commissioner Puto to accept for the record a
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letter from Agripost Inc. dated March 22, 1990. Motion
carried unanimously.
Henry Naubereit addressed the Board concerning the
Translator System. Motion was made by Commissioner Puto and
seconded by Commissioner Harvey to reconsider the item of
March 27th concerning the EMCEE price list. Motion carried
unanimously. After discussion, motion was made by
Commissioner Harvey and seconded by Commissioner Jones to
approve $500,000.00 for the West Summerland Towers upgrade
and to seek Tax Anticipation Notes for the revenue needed
and the waiving of competitive bidding procedures. During
discussion, motion was made by Commissioner Jones and
seconded by Mayor Stormont to amend to seek competitive
bidding procedures. Roll call vote on the motion to amend
was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor stormont
No
Yes
Yes
Yes
Yes
Motion carried. Roll call vote on the motion as amended
was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Puto
Mayor Stormont
Yes
Yes
Yes
Yes
No
Motion carried. Motion was then made by Commissioner Harvey
and seconded by Commissioner Jones to direct the County
Administrator to hold in abeyance the seeking of Tax
Anticipation Notes until bids are received and to authorize
the Translator Engineer to prepare plans and specs and to
appoint a screening committee of Henry Naubereit, the County
Administrator and the Communications Director to review bids
and bring recommendations back to the Board. Motion carried
unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Jones to reconsider Agenda Item C-2 con-
cerning the approval of a Lease Agreement for office space
for the Court Administrator. Motion carried unanimously
with Commissioner Harvey not present. Motion was then made
by Commissioner Puto and seconded by Commissioner Jones to
change the term of the lease to four months beginning on
June 1, 1990. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
providing for definitions: providing that no former County
officer or employee shall, within two years of leaving office
or employment, lobby for another person or business entity
in any appearance before or communication with, a County
board, commission, advisory body, department, division, spe-
cial district, or bureau in connection with any procurement
of goods and/or services: providing for exemptions: pro-
viding that, except as required to discharge official duty,
no County officer or employee shall, on behalf of any other
person or business entity make an appearance before, or com-
munication with, any County board, commission, advisory
body, department, division, special district or bureau in
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connection with and procurement of goods and/or services:
providing for exemptions: providing that any person or busi-
ness entity which has had a former officer or employee sub-
ject to this Ordinance or County employee act on its behalf
in connection with procurement of goods and/or services
shall be ineligible for such award: providing that the
County may terminate contracts entered into in violation of
this Ordinance without liability and may deduct from the
contract or procurement price, or seek recovery of, any
monies paid to former County officers or employees or County
employees by a person or business entity to act on its
behalf in violation of this Ordinance: providing for
penalties: providing for severability: providing for incor-
poration into the Monroe County Code: providing for repeal
of all Ordinances inconsistent herewith: and providing for
an effective date. Proof of publication was entered into
the record. The County Attorney read by title only. There
was no public input. Motion was made by Mayor stormont and
seconded by Commissioner Puto to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 010-1990
See Ord. Book No. 23 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
repealing Section 2-426 through 2-430 of the Monroe County
Code in order to dissolve the Blue Ribbon Committee pre-
viously established to review the First Round of Amendments
to the Comprehensive Land Use Plan: providing for severabi-
lity: providing for repeal of all Ordinances inconsistent
herewith: providing for incorporation into the Monroe County
Code: and providing an effective date. Proof of publication
was entered into the record. The County Attorney read by
title only. There was no public input. Motion was made by
Mayor Stormont and seconded by Commissioner Puto to adopt
the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 011-1990
See Ord. Book No. 23 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
repealing Sections 6.5-31 through 6.5-41 of the Monroe
County Code in order to dissolve the Emergency Medical
Services Advisory Council previously established to attend
to matters concerning health care in Monroe County,
including trauma-related injuries which have become more
pressing and distressing: providing for severability: pro-
viding for repeal of all Ordinances inconsistent herewith:
providing for incorporation into the Monroe County Code: and
providing for an effective date. Proof of publication was
entered into the record. The County Attorney read by title
only. There was no public input. Motion was made by Mayor
Stormont and seconded by Commissioner Puto to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 012-1990
See Ord. Book No. 23 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
abolishing the Monroe County Television Translator Board by
repealing Sections 13-30 through 13-35, Monroe County Code:
providing for severability; providing for repeal of all
Ordinances inconsistent herewith: providing for incor-
poration into the Monroe County Code: and providing for an
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effective date. Proof of publication was entered into the
record. The County Attorney read by title only. TOm Brown,
County Administrator, addressed the Board. There was no
public input. Motion was made by Commissioner Harvey and
seconded by Commissioner Jones to adopt the following Ordi-
nance. 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.
ORDINANCE NO. 013-1990
See Ord. Book No. 23 which is incorporated herein by
reference.
A Public Hearing was held on a proposed ordinance
amending Section 6-68(D), Monroe County Code, in order to
provide that the Conractors' Examining Board may, in the
cases of violations of County Ordinances applicable to
contractors or building, deliver to the guilty party a
letter of reprimand stating the offense and needed correc-
tive actions in lieu of certificate suspension or revoca-
tion: providing for severability: providing for
incorporation into the Monroe County Code of Ordinances:
providing for the repeal of all Ordinances inconsistent
herewith: and providing an effective date. Proof of publi-
cation was entered into the record. The County Attorney
read by title only. Bill Smith, Executive Director of the
Florida Keys Contractors Association, spoke in support of
the proposed Ordinance. Motion was made by Commissioner
Puto and seconded by Commissioner Jones to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 014-1990
See Ord. Book No. 23 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to approve and authorize execution of
an Employment Agreement with Andre Roy as a Planner, Growth
Management Division, at a salary rate of $42,000.00 per
annum, for a period of not more than six months. Motion
carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to approve and authorize execution of
an Employment Agreement with Steven Ferris as a Planner,
Growth Management Division, at a salary rate of $42,000.00
per annum, for a period of not more than six months. Motion
carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Puto to authorize the County Administrator
to appoint Lorenzo Aghemo to the position of Planning
Official/Land Use Coordinator and authorize execution of an
Employment Agreement with Mr. Aghemo at a salary of
$39,500.00 per annum. Motion carried unanimously. During
discussion, motion was made by Commissioner Jones and
seconded by Commissioner Puto to direct the County Attorney
to evaluate the legality of the Standard Employment
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Agreement for the position of Department Head and above and
report back to the Board as soon as possible. Motion was
made by Mayor Stormont to amend to say "...fully evaluate
the legality...". The amendment was accepted by the maker
and seconder. Motion as amended carried unanimously.
The County Administrator addressed the Board
regarding Change Order No. 3 to Advanced Structures, Inc.
regarding construction of the Jail Facility in Plantation
Key. Paul Toppino addressed the Board. Motion was made by
Commissioner Jones and seconded by Commissioner Puto to
approve Change Order No.3 in the amount of $32,810.00.
During discussion, Commissioner Jones amended his motion to
exclude $106.56 for a hotel room and to withhold an addi-
tional $703.44 until repairs of the fence have been made.
Motion as amended carried unanimously. Motion was then made
by Commissioner Harvey and seconded by Commissioner Lytton
directing the County Administrator to send a letter to the
Chief Judge advising of the added expense to the taxpayers.
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.
The County Administrator addressed the Board
regarding the Coco Plum Beach Ocean Front Property
appraisal. During discussion, motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
table until the County Administrator was able to provide a
more detailed use and ownership analysis. Motion carried
unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to approve, per the County
Administrator's recommendation, an amendment to the Sales
Tax Bond Resolution which changes the applicable sentence in
Section 5.06 to read "...for 12 consecutive months out of a
24 month period...". Motion carried unanimously.
COMMISIONERS' ITEMS
Mayor Stormont called for a Special Meeting of the
Board of County Commissioners to be held on May 2nd at 2:30
p.m. in the Chapel of the Stock Island Public Service
Building for the explicit purpose of awarding bids for the
Bond Anticipation Notes.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to set 3:00 p.m. tomorrow as a "Time
Certain" to discuss and resolve the Board's position on the
Level of Service Study. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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