Loading...
06/20/1990 Regular ss. 0 0 6 7 Regular Meeting Board of County Commissioners Wednesday, June 20, 1990 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date in Courtroom "B" of the Courthouse Annex in Key West. 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 Kolhage, Clerk; Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Rob Wolfe, 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. Commissioner Jones advised the Board of a request from the Upper Keys Citizens Association that certain items on the Agenda be deleted and postponed until the next Regular meeting in the Upper Keys. After extended discussion, the Chair ruled that if there are existing pro- cedures in writing dictating the handling of the hearing of items such as those dealing with land development actions, that they will be so heard in the concerned area; and if there are no existing policies and procedures in writing, items will be placed on the Agenda but can be moved at the will of each Commissioner. The Board proceeded to make additions, deletions and changes to the Agenda. Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve such additions and deletions. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the following items by una- nimous consent: MISCELLANEOUS BULK APPROVALS Board adopted the following Resolution requesting that the Tax Collector forward certificates of error to the Department of Revenue for the cancellation of tax cer- tificates for non-payment of taxes of the defunct Cross Key Lighting District. RESOLUTION NO. 30S-1990 See Res. Book No. 91 which is incorporated herein by reference. Board approved and authorized execution of a Lease Renewal Agreement with Gladys Mulberg for the building at 13lS Whitehead Street for Social Services/Veterans Affairs. I 55. 0068 Board approved and authorized execution of Modification Number I to Radiological Emergency Preparedness Agreement Number 90PP-41-11-54-10-002. Board approved and authorized execution of renewal of Commercial Ground Transportation Agreement with Friendly Cabs of Key West, Inc. d/b/a County Cab Company for opera- tion at the Key West International Airport. Board approved and authorized execution of a Lease/Purchase Agreement with Xerox Corporation for a Xerox Copier, Model 5014, at Bayshore Manor. Board approved and authorized ratification of an Agreement between Monroe County and Julia H. McNabney, Resident, and Rachel J. Lowe, Responsible Party, for admission to Bayshore Manor. Board approved and authorized execution of a Subgrant Agreement with The National Council On The Aging, Inc., SCSEP Fiscal Year 1990/1991. Board approved and authorized execution of "Certification Regarding Lobbying" forms for each of the following Grant programs: Title III-D (OAA) Funds; In Home Services - Community Care for the Elderly; Community Care for Disabled Adults; III-B Information and Referral; Nutrition C-I (Congregate Meals); Nutrition C-II (Home Delivered Meals); Senior Community Service Employment Project; Title III-B Transportation. Board approved and authorized execution of an Amendment to the Florida Boating Improvement Program Agreement (Contract Number C-6358) with the Department of Natural Resources con- cerning repair of daymarkers in various County waterways. Board approved and authorized execution of an Amendment to Contract KG-950 with The Alliance for Aging, Inc. concerning additional funding. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 306-1990 RESOLUTION NO. 307-1990 RESOLUTION NO. 308-1990 RESOLUTION NO. 309-1990 RESOLUTION NO. 310-1990 RESOLUTION NO. 311-1990 See Res. Book No. 91 which is incorporated herein by reference. Board approved and authorized execution of Employment Agreement with Robert J. Nelms, Jr., M.D., Medical Examiner, District Sixteen. Board approved and authorized execution of a revised Consortium Agreement with the members of the South Florida Employment and Training Consortium for the period 7/1/90 - 6/30/94. Board adopted the following Resolution amending Resolution No. 273-1990 concerning the transfer of funds. RESOLUTION NO. 312-1990 See Res. Book No. 91 which is incorporated herein by reference. '1? E'iJ ~~ 55. OD~9 Board adopted the following Resolution concerning the transfer of funds. RESOLUTION NO. 313-1990 See Res. Book No. 91 which is-rncorporated herein by reference. Board approved the following Budget Amendment (for one Big .~ Pine Key traffic deputy) to the Sheriff's Budget for Fiscal Year 1989-1990 pursuant to the provisions of Florida Statutes Chapter 30.50(4) and 129.05(2): Personal Services Operating Expenses Capital Outlay Contingency TOTAL Current Budget $12,008,647 4,128,268 769,164 65,000 $16,971,079 Budget Revised Amendment Budget Account $19,710 $12,028,357 4,128,268 769,164 65,000 $19,710 $16,990,789 Board adopted the following Resolution concerning the transfer of funds with regard to the above Budget Amendment. RESOLUTION NO. 313A-1990 See Res. Book No. 91 which is-rncorporated herein by reference. "..... Board approved the installation of a double-walled skid tank for storage of diesel fuel at Tavernier Volunteer Fire Department, and the purchase of same from Blaylock Oil in the amount of $1,896.00, with funding provided through the District 5 reserve for contingency. Board adopted a Resolution regarding restricted parking on election days in the 2100 block of Flagler Avenue. THE ABOVE ITEM WAS RECONSIDERED AND ACTED UPON LATER IN THE DAY Board approved removal of the following surplus property from the inventory of the Tax Collector: 0500-393 0500-361 0500-588 0500-531 0500-80 IBM Typewriter IBM Typewriter Juki-Sierra Typewriter Postage Machine Xerox Copier Board approved Addendum to Lease Agreement with William Cullen concerning property in Key Largo. THE ABOVE ITEM WAS RECONSIDERED AND ACTED UPON LATER IN THE DAY ,..... Board authorized payment of refund for a major conditional use application in the amount of $750.00 to Charles A. Norwood inasmuch as it was determined to be a minor conditional use. Board authorized payment to Ocean Harbour of Islamorada in the amount of $100,599.36 for refund of impact fees paid on forty-eight units that have not been constructed to date. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 314-1990 RESOLUTION NO. 315-1990 RESOLUTION NO. 316-1990 RESOLUTION NO. 317-1990 RESOLUTION NO. 318-1990 91 wh~ch ~s~corpora~ed herein by See Res. Book No. reference. I 55, 0 0 7 0 Board adopted the following Resolution concerning the transfer of funds. RESOLUTION NO. 319-1990 See Res. Book No. 91 which is incorporated herein by reference. - Pursuant to certification by the Sheriff of compliance with provisions of Subsection 932.704(3)(a), F.S., Board authorized expenditures of the following funds from the Law Enforcement Trust Fund: 12 Nova Stun Guns with holsters to be assigned to each bailiff for courtroom security...................... $ 1,584 ISO Nylon Raid Jackets........ $ 2,488 I Motorola Motorcyle Radio.... $ 3,087 Board approved and authorized execution of an Agreement with Keys Hospital Foundation, Inc. d/b/a Mariners Hospital regarding the Shared County State Health Care Programs. Board approved and authorized execution of an Agreement with depoo Memorial Hospital regarding the Shared County State Health Care Programs. Board approved and authorized execution of an Agreement with Florida Keys Memorial Hospital regarding Shared County State Health Care Programs. - MUNICIPAL SERVICE DISTRICT (WASTE) Board approved purchase of Nissan van from Bob Chango for Recycling Coordinator. THE ABOVE ITEM WAS RECONSIDERED AND ACTED UPON LATER IN THE DAY DIVISION OF GROWTH MANAGEMENT Consent Agenda Major Conditional Use Board confirmed Planning Commission's approval of a major conditional use filed by Island City Flying Service for an aircraft maintenance hangar and renovation of existing building at 3741 South Roosevelt Boulevard in Key West. DIVISION OF MANAGEMENT SERVICES Board approved projects for Fedral Anti-Drug Abuse Act Grant and approval of matching funds not to exceed $34,183.00 as follows: ~ ss-- 0 0 7 1 Project/Department Total Project Cost Federal $ (75 % ) Local Cash ( 25 % ) School Resource Officers $ 75,804 $ 56,853 $ 18,951* Pretrial Services Substance Abuse Program/Pretrial Services 47,402 35,552 11,851** Residential Work Release- Rehabilitation/no department, will be competitively bid 89,327 $212,533 66,995 $159,400 22,331** Total $ 53,133 Local Cash Match - * From Sheriff ** From BOCC Contingency i II DIVISION OF PUBLIC SAFETY II Board approved and authorized execution of a Lease Agreement with Key Largo Volunteer Fire and Rescue Department, Inc. I for property to be used for a firefighters' training faci- Ii ty . DIVISION OF PUBLIC WORKS Facilities Maintenance Board approved and authorized execution of an Agreement with Consultants On Public Safety for a security study of the Key i West, Marathon and Plantation Key court complexes, with !i funding to be transferred from Contingency. il II II I: d II II I; Roads and Bridges Board adopted the following Resolution rescinding Resolution No. 155-1987 concerning a Joint Participation Agreement with the State of Florida Department of Transportation concerning the Cross Big Pine Key Arterial Access Road (WPI #6126631). RESOLUTION NO. 320-1990 See Res. Book No. 91 which is incorporated herein by I' reference. i COUNTY ADMINISTRATOR Board approved and authorized payment of the following invoices: I. Dean-Lopez Funeral Home, in the amount of $485.00, for professional services re Pauper Burial. 2. Rosenman & Colin, in the amount of $1,935.91, for professional services re Monroe County Translator System. 3. Rosenman & Colin, in the amount of $3,424.00, for professional services re Monroe County Translator System. ji il U 55 I 0072 4. Cohen, Dippell and Everist, P.C., in the amount of $2,507.01, for professional services re Monroe County Translator System. 5. Monarch Precast Products Co., Inc., in the amount of $37,000.00, for professional services re Expansion on Guidance Clinic of the Middle Keys Waste Water Treatment Facility. 6. D-N-G Inc., d/b/a David Electric, in the amount of $9,000.00, for professional services re Installation of Security Windows at the Monroe County Jail, Key West (Final Payment). Board granted permission to obtain a market appraisal of a 1.5 acre parcel in Pine Key Acres on Big pine Key to deter- mine feasibility for potential use as a Sheriff's Substation. Board approved appointment of Ruth J. Richardson of Tavernier, Florida to the Older American Advisory Board for a three-year term ending with the year 1992. Board approved acceptance of proposal from KBC Consultants, Inc. for geotechnical services at the Marathon Jail Site in the amount of $3,400.00. Board granted permission to solicit proposals and imme- diately initiate geotechnical and environmental surveys of the Lower Keys Jail Site in an amount not to exceed $25,000.00. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo D. Marcovici, Ph.D.,-in the amount of $500.00~ Mental Health Care Center of the Lower Keys, in the amount of $400.00~ Tanju T. Mishara, Ph.D., in the amount of $900.00. COURT-APPOINTED ATTORNEYS, Mary Vanden Brook, in the amount of $700.00~ Larry Erskine, in the amount of $350.00~ Janine Gedmin, in the amount of $352.20~ Leonard F. Mikul, in the amount of $1,448.50~ John P. Rotolo, in the amount of $676.50~ Lee Peter Speronis, in the amount of $225.00. OTHER EXPENSES, Louis J. Spallone, Clerk, in the amount of $2,750.00~ State of Florida, in the amount of $4,537.89. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $1,427.50~ Kathleen A. Fegers, in the amount of $172.50~ Florida Keys Reporting, in the amount of $488.00~ Amy Landry, in the amount of $1,896.75~ Laws Reporting, Inc., in the amount of $75.00~ Nancy J. Maleske, in the amount of $499.50~ Nichols and Hardy, in the amount of $725.00~ Lisa Roeser, in the amount of $457.50. COURT INTERPRETER SERVICES, J. R. Alayon, in the amount of $310.00~ Juli Barish, in the amount of $450.00~ 55 0073 II ! i I Serafin Calero, in the amount of $10.00; Barbara I I Kruszelnicki, in the amount of $25.00; Alexandra Ramos, in II the amount of $70.00. Ii I, Ii :1 II WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $4,390.35. EXTRADITION COSTS, J. Allison DeFoor II, in the amount of $10,725.76. Board approved the following Warrants: GENERAL REVENUE FUND, #128915-#130113, in the amount of $3,428,753.54. GENERAL REVENUE FUND, Marine Bank, #40, in the amount of $2,161.00. SUPPLEMENT TO GENERAL REVENUE FUND, #333-#334, in the amount of $48,61~68. FINE ~ FORFEITURE FUND, #985-#988, in the amount of $1,117,559.65. AIRPORT OPERATION & MAINTENANCE FUND, #611-#612, in the amount of $26,048.39. ROAD & BRIDGE FUND, #610-#611, in the amount of $292,534.~ - ---- MSD TAX DISTRICT, #1400-#1403, in the amount of $231,766.04. --- MSD TAXING DISTRICTS 701-711, #546-#548, in the amount of $169,491.55. MSD - PLEDGED FUNDS, #186-#187, in the amount of $321,919.28. MSD AQUISITION FUND 105, #005, in the amount of $61,390.00. LAW LIBRARY FUND, #306-#308, in the amount of $l ,934. 42~ CAPITAL PROJECTS FUND, #424-#425, in the amount of $1,753.98. MONROE COUNTY GROUP INSURANCE, #383-#385, in the amount of $239,208.61. CARD SOUND BRIDGE FUND, #327-#328, in the amount of $14,676.1~ WORKERS COMPENSATION, #3285-#3313, in the amoun t of i $89,842.39. TOURIST DEVELOPMENT COUNCIL, #649, in the amount of $350,461.03. TRANSLATOR FUND, #268-#269, in the amount of $8,318.40. FAIR SHARE IMPROVEMENT TRUST FUND, #19-#22, in amount of $20,226.61. the 'I I II I I I i I I I I I I I !I 55 1 0074 RISK MANAGEMENT FUND, #84-#85, in the amount of $22,992.61. PLANNING, BUILDING & CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, #253-#259, in the amount of $202,963.68. UPPER KEYS TRAUMA DISTRICT, #38-#39, in the amount of $21,368.46. Board officially approved the Minutes of the following meetings of the Board of County Commissioners: 5/2/90 (3), 5/4/90, 5/8/90 (2), 5/9/90, 5/11/90, 5/29/90 (2), 5/30/90 Board approved payment of final billing from Kemp & Green, P.A. (Invoice No. 3323) in the amount of $5,859.50 for auditing services for Fiscal Year ending September 30, 1989. Board approved and authorized execution of Bond in the amount of $15,000.00 in connection with the appointment of Richard D. Roth as Sheriff of Monroe County to hold office until January 7, 1991. TOURIST DEVELOPMENT COUNCIL Board approved payment of Tourist Development Council expen- ditures in the amount of $124,826.73 (Input Date 6/4/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $88,253.69 (Input Date 6/4/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $136,696.41 (Input Date 6/4/90), contingent upon clarification from TOC office on Item 49 and subject to final invoice approval by the County Finance Department. Board adopted the following Resolution transferring funds. RESOLUTION NO. 321-1990 See Res. Book No. 91 which is incorporated herein by reference. Board approved and authorized execution of Addendum to Tourist Information Services Agreement with the Lower Keys Chamber of Commerce increasing the budgeted amount to $36,872.50. Board adopted the following Resolution transferring funds. RESOLUTION NO. 322-1990 See Res. Book No. 91 which is incorporated herein by reference. Motion carried unanimously. I _\ SS' 0075 r' ,I I II Ii II COMMISSIONERS' ITEMS Mayor Stormont and the County Administrator pre- sented the April Employee of the Month Award to Mark Rosch, Capital Improvements Coordinator, Growth Management Division. Mayor Stormont and the County Administrator pre- sented to Dent Pierce, Division Director, an appreciation plaque for retired employee Manuel Villate, Custodian, Public Works Division. Mayor Stormont discussed the possibility of local collection and auditing of TOC revenues. Bill Wickers of the Tourist Development Council addressed the Board and advised that the majority vote of the TOC Board favored collection only done by the County. The Clerk addressed the Board. After lengthy discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to approve the proposal to delegate responsibility for the collection of the Tourist Development Tax to the Tax ;i Collector and responsibility to audit and enforce the collection and remission of the tax to the Clerk. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to amend to direct Staff to prepare an appropriate Ordinance for public hearing and to include this matter in the budgetary process. The amendment was accepted by the maker and the seconder. Roll call vote on the motion as amended was unanimous. Mayor Stormont discussed requests from the Upper Keys Health Care Taxing District regarding Trauma District ,Equipment. Motion was made by Commissioner Puto and 'I seconded by Mayor Stormont to authorize the following, sub- ject to determination by the County Attorney and County Administrator of sufficiency of exchange of values: Purchase of the following equipment (through regular purchasing procedures, to be co- ordinated with the Trauma Office and Mariners Hospi tal) : One 826 AMS Trauma Stretcher to be used in the recovery room..........$ 3,649 Two Abbott Four-Channel Pumps for multiple IV medications............$IO,690 One LifePak 9 Cardiac Monitor Defibulator........................$ 5,995 One Quick-Pack Non-Invasive Pacemaker. . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,450 One GYN Stretcher with Easy-Lift Backrest. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,247 Preparation of a Lease Agreement with Mariners Hospital for transfer of the equipment, subject to perhaps $1.OO per year and Mariners Hospital assuming all maintenance responsibilities Motion caried unanimously. Discussion of the Translator Ordinance was deferred until later in the day. Ii l , ! Ii Ii II I! Ii i i ! i II II 11 Ii " ., .1 , :i !i i! ,. " Jl 1: i. I! L jj i ~ lj I' i; " :, i; i :i II Ii ij i! :, (I " :i iI 'I II !I ---,-,-^ i i ,I :1 I , , 55. 0076 The Board entered into a discussion regarding placement of the Fine Arts Council as a division of Monroe County Government. The following persons addressed the Board: Arlene Reiser, Beverly Middleton. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to authorize travel for a representative of the Monroe County Fine Arts Council to either Broward, Dade or Palm Beach County's Fine Arts Council and that the County Administrator and County Attorney meet with the Monroe County Fine Arts Council and provide a written analysis of the situation back to the Board. Motion was withdrawn. Susan Hawkens addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to authorize travel for a representative of the Monroe County Fine Arts Council to either Broward, Dade or Palm Beach County to survey their Fine Arts Council and to direct that the County Administrator and County Attorney meet with the Monroe County Fine Arts Council and provide a written analysis of this situation back to the Board. Motion was made by Commissioner Jones to amend to substitute that travel not be authorized for a representative of the Fine Arts Council but instead be for a Staff Member appointed by the County Administrator to make a total, in-depth, unbiased, indepen- dent, separate investigation and report back. The amendment was accepted by the maker and the seconder. Motion was made by Mayor Stormont to amend to direct that the written analy- sis pursue the concerns offered by the other groups. This amendment was accepted by the maker and the seconder. Motion was made by Commissioner Lytton to amend to direct that the County Administrator address the statutory defini- tion and requirements of the Fine Arts Council as contained in 265.32(1)(a-g) with particular emphasis on (e) - surveying and assessing the needs of the arts, artists, arts institutions, community organizations sponsoring arts acti- vities and people of the state relating to the arts. This amendment was accepted by the maker and the seconder. The original motion as amended carried unanimously. Motion was then made by Commissioner Lytton and seconded by Commissioner Harvey to give the County Administrator direc- tion to inquire of seven or eight counties of equal size and financial resources to obtain their existent or non-existent and quality of existing Fine Arts Councils in their respec- tive counties. Motion carried unanimously. MUNICIPAL SERVICE DISTRICT (WASTE) Motion was made by Commissioner Jones and seconded by Commissioner Puto to reconsider Agenda Item E-4 regarding the purchase of a Nissan van from Bob Chango. Roll call vote was unanimous. Motion was then made by Commissioner Jones and seconded by Commissioner Puto to remove this item from "Bulk" and reconsider in the normal course of the meeting. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Stormont announced that the Regular Meetings of the Board originally scheduled for August 2lst and 22nd have been changed to a single meeting on August 20th. Commissioner Harvey postponed consideration of a Resolution concerning County maintenance of West Martello Tower to the next meeting. SS 0077 _. .--------.------.--J~..-.---- -.. .,--------..- -- __.___._._____p_._.__._.__.._~.."._.n --,-----,-,-,..--.-- Commissioner Jones discussed the Monroe County Hurricane Plan. After discussion by the Board, motion was made by Commissioner Jones and seconded by Commissioner Puto to instruct the County Administrator to put into effect a i, detailed implementation plan of the 1984 Hurricane i Preparedness Plan. Motion carried unanimously. Dennis Henize, meteorologist in charge of the National Weather Service in Key West, addressed the Board. Commissioner Lytton discussed the Monroe County Emergency Management Agency and Chapter 252, Florida Statutes. The County Administrator discussed studying and reporting back to the Board on the feasibility of soliciting the Governor to take action to effect an interjurisdictional arrangement with Dade County. Billy Wagner, Civil Defense Director, addressed the Board. No further action was taken. The Board proceeded to a discussion of the Holiday Isle Focal Point Study. The County Attorney ruled that this was not a "site specific" item since it was a discussion item only and no action was to be taken. Bob Herman, Growth Management Division Director, gave a status report. The following persons addressed the Board: Joe Roth, Eileen McGuire, Craig Rollins, Ernie Stearsman, Philip Weydener, Alice Anderson, W. R. Hoyle, Adrian Hindin, patricia Moccaldi, J. R. Reeder, Stanley Nitz, Ed Ladd, Juan Cabalero, Mary Wynn, Rip TOsin, Vernice Fulcher, Frank Rose, Beth Myers, Granger McDaniel, Stan Cann of Florida Department of Transportation, and Jim Mattson, attorney for Holiday Isle. The Clerk was presented with a folder of petitions signed by citizens in favor of the proposed parking plan. Staff was instructed to analyze this matter and bring a report back to the Board. * * * * * DISTRICT #l LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT --- BOARD OF GOVERNORS The Board of Governors of District #l Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Hal Halenza, Eugene Lytton, John Stormont and Chairman Michael Puto. Absent from the meeting was "Mickey" Feiner. Reggie paros, Director of the Division of Public Safety, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Halenza to accept Staff recommendation to award the bid for Bunker Gear from Safety Equipment Company in the total amount of $16,834.01 as follows: 35 35 307 Bunker Coats Bunker Pants Lettering $ 9, 819. 25 $ 6,775.30 $ 239.46 Motion carried unanimously. Motion was made by Commissioner Halenza and seconded by Commissioner Stormont to grant permission to advertise for sealed bids for fire hose. Motion carried unanimously. i i I ,. ; I I I. i! !: 1 ~ Ii i' I: j' 55 , 0078 Reggie paros and William Wagner III, Deputy Fire Marshal, addressed the Board and discussed the request from the Big Pine Volunteer Fire Department for partial reimbursement in the amount of $6,000.00 for their purchase of a 1985 Ford F250, 4x4, pickup truck. Motion was made by Commissioner Lytton and seconded by Commissioner stormont to accept Staff recommendation to approve the reimbursement of $6,000.00 to Big Pine Volunteer Fire Department for the 1985 Ford pickup truck, to be transferred from the District's contingency funds, subject to the vehicle being equipped appropriately and the truck and the equipment being conveyed to the District. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District #l Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. COMMISSIONERS' ITEMS Commissioner Lytton discussed the Recreational Vehicle Park bulk regulations. Bob Herman, Growth Management Division Director, addressed the Board. Lloyd Good also addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to rescind the Board's previous decision in this matter and open up for full Board consideration. Motion carried unani- mously. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Puto to waive the rules to allow a speaker. Al Damron addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Harvey that there are no minimum side yard setback require- ments in the RV District. Motion was made by Commissioner Lytton to amend that this be reviewed specifically and explicitly dealt with in the Land Development Regulations due in 1991. The amendment was accepted by the maker and seconder. Roll call vote on the motion as amended was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont No Motion carried. Commissioner Lytton discussed a hiring freeze. After lengthy discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones that effective July I, 1990, and remaining in force for the remainder of the current budget year, all unfilled authorized positions be frozen except for those involved in public health or public safety and that the County Administrator be authorized at will to come before the County Commission on a case-by-case basis for positions outside of public health and public safety. Tom Brown, County Administrator, addressed the Board. Roll call vote was taken with the following results: 55 0079 Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton Yes Commissioner Puto No Mayor Stormont No Motion failed. The Board discussed an imposition of ten percent administrative reserve on remaining 1989-90 County budgets. After lengthy discussion, motion was made by Commissioner Lytton and seconded by Mayor Stormont that effective July I, 1990, all ad valorem areas within Monroe County act to their utmost capability in imposing the ten percent administrative reserve and that the Mayor, by letter, will request all other ad valorem budget entities to do the same. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton Yes Commissioner Puto No Mayor Stormont Yes Motion carried. Through Commissioner Lytton, the Board accepted a check from R. J. Trucking in the amount of $5,000.00 as reimbursement for an oil spill clean-up on Summerland Key. David Paul Horan, attorney for the Guidance Clinic of the Middle Keys, addressed the Board regarding a waiver of impact fees for the Guidance Clinic of the Middle Keys. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to direct David Paul Horan and the County Attorney to meet and bring this matter back to the Board at the next meeting for official approval. Motion carried unanimously. Commissioner Lytton addressed the Board regarding the June 8th letter from the Department of Community Affairs directing the South Florida Regional Planning Council to assume completion of the Monroe County Land Use Plan. Commissioner Lytton advised that this would occur only if the County did not comply at the end of the ninety-day grace period. He also discussed the daily sanction charges that could be imposed. The Board discussed the proposed 7th cent gas tax referendum. Bob Harris of Post, Buckley, Schuh & Jernigan addressed the Board. No action was taken. Commissioner Puto and Bob Harris discussed the four-Ianeing of Route I. Action was deferred until later in the day. Mayor Stormont discussed and referred to Staff the post-census local review and appropriate measures that may have to be taken to verify accuracy. Commissioner Harvey read a letter from the Florida Junior/Senior Major League of Key West requesting financial assistance. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to grant $1,000.00 out of contingency to help defray expenses during the upcoming Senior Major State Tournament on August 2-7 in Jacksonville. Roll call vote was taken with the following results: SS 0080 Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont No Motion carried. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution reaffirming Resolution No. 790-1989 and to endorse and recommend the implementation of the selected alternative in the Florida Department of Transportation's Preliminary Development and Engineering Study. Motion carried unani- mously. RESOLUTION NO. 323-1990 See Res. Book No. 91 which is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS After discussion, motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution requesting the South Florida Water Management District to undertake, utilizing funding already paid by Monroe County taxpayers, certain scientific rsearch and engineering studies to confirm or refute the efficacy of currently utilized best management practices for stormwater disposal in the Florida Keys area and directing the Clerk to the Board to forward certified copies to certain State agen- cies and officials. The Board then directed that the Resolution be amended to set out that no additional ad valorem taxes will be assessed for such studies. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton No Commissioner Puto Yes Mayor Stormont No Motion carried. RESOLUTION NO. 324-1990 See Res. Book No. 91 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve and authorize execution of an Amendment to the Contract/Retainer Agreement with Fleishman-Hillard, Inc. providing government relations regarding opposition to inclusion of the Florida Keys in the Coastal Barrier Resources System. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont No Motion carried. Motion was made by Commissioner Jones and seconded ~~ 0081 by Commissioner Harvey to withdraw from "Bulk" for correc- tion the Agenda Item C-22 regarding a proposed Resolution concerning restricted parking on election days on Flagler Avenue. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to indi- cate the proper compass coordinate and then to adopt the following Resolution providing for restricted parking on election days on the side of the 2100 block of Flagler Avenue, Key West, which is directly in front of and running along the entire length of the Key West High School property from Duncomby Street to the exit of the teachers parking lot. Motion carried unanimously. RESOLUTION NO. 325-1990 See Res. Book No. 91 which is incorporated herein by reference. Charles Aguero, MSD Director, addressed the Board regarding a proposed property lease with Victor DeMaras con- cerning property for use as a recycling center. After discussion, motion was made by Mayor Stormont and seconded by Commissioner Jones to defer this matter until appropriate papers are presented to the Board. Motion carried unani- mously. Motion was made by Mayor Stormont and seconded by Commissioner Jones to withdraw from "Bulk" the Addendum to Lease Agreement with William Cullen concerning property in Key Largo. Motion carried unanimously. Motion was then made by Commissioner Jones and seconded by Commissioner Puto to defer this matter until the next meeting. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve negotiating for the purchase of the Victor DeMaras property for a recycling center. Motion carried unanimously. Motion was made by Mayor stormont and seconded by Commissioner Lytton to approve advertising for three Public Hearings a proposed Ordinance adding third cent authorized expenditures and allocating Tourist Development Council funds to Monroe County's annual budget. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto No Mayor Stormont Yes Motion carried. The Board then entered into a discussion regarding the advertisement of a proposed Ordinance concerning use of Tourist Development Trust Funds for the Monroe County Fine Arts Council. The following persons addressed the Board: Mimi McDonald, Arlene Reiser, Susan Olsen, Beverly Middleton, Susan Hawkens, Herman Stein, Victoria Roush, Michael Whalton, Ann Lynch, Florence Rechert, Alan Farago, Arlene Reiser. Motion was made by Commissioner Jones and seconded by Commissioner Puto to refer the proposed Ordinance back to Staff for the review of possible technical corrections necessary. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to take a break from 6:00 to 7:30 p.m. 55 0082 for dinner. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto No Mayor Stormont Yes Motion carried. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to approve advertising for Public Hearing a proposed Ordinance to extend the Television Translator District ad valorem tax for ten fiscal years com- mencing Fiscal Year 1992-1993. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones Yes Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont No Motion carried. Ann Lynch addressed the Board regarding the pro- posed advertisement of an Ordinance establishing Marathon Arts/Civic Center Municipal Service Taxing unit and Resolution requesting the Supervisor of Elections to place a referendum on the November 6, 1990 General Election Ballot. Following discussion, Commissioner Jones withdrew this item from the Agenda. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve advertising for sealed bids for the following surplus vehicles and equipment: 0903-412 1979 Ford Van Public Works 4102-95 1972 Dodge Pickup Public Works 50003 1983 Diplomat Grants 0903-168 1978 Ford Van Public Works 0903-382 1980 Ford Van Public Works 0803-28 1984 Diplomat Mmi n . Unassign. 1984 Diplomat Public Works 0920-368 1970 Chevy Pickup, Public Works 4102-61 1978 Ford Tractor Public Works Unassign. 1983 Diplomat Public Works Unassign. 1984 Diplomat Public Works 0940-23 1978 Ford Pickup Public Works and to remove the following items from inventory: 0903-410 1983 Diplomat Public Works 0944-7 1982 Spreader Box Public Works Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to approve the Application for Variance to the Flood Hazard Ordinance of Ocean Point Development Co. for a bathhouse facility and storage area greater than 299 square feet below base flood elevation on Planter's pointe Plat, Key Largo; Zoned SR/NA; Coastal Flood Zone AE II', Panel 0994F; subject to the conditions that the storage area be made flood proof and the bath facility be constructed in a manner to minimize damage that would result 55 ' 0083 from rising flood water, and further that such structure shall in no way be utilized for any other use other than that described on the requested Variance Application. Motion carried unanimously. COUNTY ATTORNEY Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve and authorize execution of a Quit-Claim Deed concerning property at Port Bougainville for Key Largo Volunteer Fire Department, Inc./Key Largo Volunteer Fire and Rescue Department, Inc. Motion carried unanimously. MUNICIPAL SERVICE DISTRICT (WASTE) Connie Grabois, Recycling Coordinator, discussed Monroe County's receiving Navy recyclable material. Motion was made by Commissioner Puto and seconded by Mayor Stormont to authorize the preparation of an Interlocal Agreement bet- ween the Navy and Monroe County for receipt of recyclable material and bring same back to Board. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Puto to postpone to the next meeting a discussion of a proposed County-wide curbside recycling system. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to authorize the purchase of one Nissan Van from Bob Chango in the amount of $13,389.00 for the Recycling Coordinator. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones NO Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont Yes Motion carried. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve and authorize execution of a Products and Computer Services Agreement with Moore Business Communication Services for the preparation of billing documents. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Report Peter Horton, Division Director, discussed the intrusion of mangroves into the clear zones at the Key West International Airport. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Puto authorizing the County to proceed with whatever legal actions are necessary to obtain permits to clear the zones at the Key West International Airport. During discussion, the motion was withdrawn. Motion was made by Commissioner Jones and seconded by Commissioner Puto to refer this matter to the County Attorney and request that he make his recom- mendations to the Staff concerning their future action. ss~ 0084 Motion carried unanimously. Mr. Horton discussed the attendance of certain Code Enforcement personnel at the Florida Association of Code Enforcement's conference in Tampa, Florida and the par- ticipation of County Staff in the certification program. Code Enforcement Mr. Horton discussed the statute of limitations for Code violations. Motion was made by Commissioner Jones and seconded by Mayor Stormont requesting the Growth Management Division, the County Attorney, and the Code Enforcement Department to draw a proposed Ordinance imposing a four-year statute of limitation on Code violations in conjunction with necessary policy implementation. Motion carried unani- mously. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Harvey and seconded by Commissioner Jones to consider Agenda Item N-7 at this time, said item being approval of a Request For Proposal for Umbrella Organization. Motion carried unanimously. The following persons addressed the Board: John O'Brien, Michael Whalton, Herman Riley Stein, Susan Hawkens, Victoria Roush, Beverly Middleton, Susan Olsen. Motion was made by Mayor Stormont and seconded by Commissioner Jones to approve the Request For Proposal for Umbrella Organization. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Jones Yes Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont Yes Motion carried. DIVISION OF GROWTH MANAGEMENT Consent Agenda Boundary Determinations Motion was made by Mayor Stormont andd seconded by Commissioner Puto to adopt the following Resolution rescinding Resolution No. 087-1990 which approved the Planning Director's Boundary Interpretation Number 51, Largo City Subdivision, Key Largo. Motion carried unanimously. RESOLUTION NO. 326-1990 See Res. Book No. 91 which is incorporated herein by reference. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to adopt the following Resolution con- firming the Planning Director's Land Use District Map Boundary Interpretation regarding Largo City Subdivision, Key Largo, but amending said Resolution to renumber the Boundary Interpretation as Number 5lA and to indicate speci- fically that Block 2 is SC and Blocks 3, 6, 7 and 9 are IS. Motion carried unanimously. RESOLUTION NO. 327-1990 See Res. Book No. 91 which is incorporated herein by reference. 55. 0085 DIVISION OF MANAGEMENT SERVICES Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve the purchase of the IBM AS/400 Computer System and peripheral equipment for Public Works in the amount of $532,990.00 and to waive purchasing policies and procedures in accordance with previous Board policy. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Resolution con- cerning the transfer of funds for IBM AS/400 computer equip- ment. Motion carried unanimously. RESOLUTION NO. 328-1990 See Res. Book No. 91 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Puto to adopt the following Resolution con- cerning the transfer of funds for coverage of Wackenhut's jail operations contract. Motion carried unanimously with Mayor Stormont not present. RESOLUTION NO. 329-1990 See Res. Book No. 91 which is incorporated herein by reference. The Board discussed a Budget Amendment for the Sheriff's Department to transfer funding for the Wackenhut jail operations contract. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to approve the following Budget Amendment: Current Budget Revised Account Budget Amendment Budget Personal Services $12,028,357 ($1,152,801) $10,875,556 Operating Expenses 4,128,268 ( 1,212,924) 2,915,344 Capital Outlay 791,164 -0- 791,164 Contingency 65,000 ( 30,000) 35,000 Total $17,012,789 ($2,395,725) $14,617,064 Motion carried unanimously with Mayor Stormont not present. Motion was then made by Commissioner Lytton and seconded by Commissioner Jones to request the Sheriff to provide accoun- tability of all line items in the Corrections Budget to sup- port his requested version of the Budget Amendment. Motion carried unanimously with Mayor Stormont not present. Motion was made by Commissioner Jones and seconded by Mayor Stormont to deny a Budget Amendment for the Sheriff's Department concerning addition of funds for purchase of computer equipment, with the savings towards the budget for next fiscal year. Motion carried unanimously. DIVISION OF PUBLIC SAFETY Motion was made by Commisioner Puto and seconded by Commisisoner Jones to adopt the following Resolution requesting the Board of County Commissioners of Metropolitan Dade County to expand the Dade County Trauma Advisory Committee to include representatives from Monroe County, amended as follows: 55 I 0086 Second WHEREAS clause: delete the words "Office of Emergency Services" and place the words "Division of Public Safety" in lieu thereof. Fourth WHEREAS clause: insert "42%" in place of "70 %" . BE IT FURTHER RESOLVED paragraph: delete the words "Elaine Gorman," and insert the words "Project Director" in lieu thereof; delete the words "Reggie paros," and insert the word "Director" in lieu thereof; delete the words "Emergency Medical Services" and insert the words "Public Safety Division" in lieu thereof. Motion carried unanimously. RESOLUTION NO. 330-1990 See Res. Book No. 91 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Facilities Maintenance Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve the installation of a fence with gates that lock, along with security lights, at Higgs Beach with funding to come from either the TOC one cent sales tax or Contingency, in that order. Motion carried unanimously. The possible closing of the road was referred to the County Attorney's Office for the preparation of an Ordinance if necessary. Roads and Bridges Motion was made by Commissioner Puto and seconded by Mayor Stormont to waive purchasing policies and proce- dures and approve the purchase of a new Mack Tractor Model CH612 from the sole source, South Florida Mack Trucks, Inc., in the amount of $44,330.00, FOB Key West. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Jones No Commissioner Lytton Yes Commissioner Puto Yes Mayor Stormont Yes Motion carried. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to adopt the following Resolution trans- ferring funds for the purchase of a new Mack Tractor. Motion carried unanimously. RESOLUTION NO. 331-1990 See Res. Book No. 91 which is incorporated herein by reference. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed the Marathon Regional Permitting Center and the pending litiga- tion. He advised that the State of Florida would be 58 0 0 8 7 withdrawing from defense of the suit and endeavoring to re- design the project to meet all of the requirements of the Land Use Plan. Mr. Brown recommended that the County do the same. Motion was made by Commissioner Puto and seconded by Mayor Stormont to authorize the County to renegotiate with the State for the County's share of the newly-designed facility at the Marathon Regional Permitting Center, to bring the results of that renegotiation back to the Board for approval, and authorize the County Attorney to withdraw from defense of this suit. Motion carried unanimously. Mr. Brown advised the Commission that the Big Pine Key Athletic Association was desirous of serving as care- taker for the newly-acquired recreation property on Big Pine Key. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to authorize the amendment of the existing Recreation Management Agreement with the Big pine Key Athletic Association to include the newly-acquired property. Motion carried unanimously. The County Administrator advised that the Board's Translator attorneys had notified him that their defense of the renewal of the Key West Translator Channel was success- ful and that the permit had been granted. Mr. Brown discussed the letter from the Secretary of the Department of Community Affairs concerning the rejec- tion of the transportation methodology used by the County. He advised the Board of a District Six DOT hearing to be held this Friday in Fort Lauderdale. Motion was made by Mayor Stormont and seconded by Commissioner Puto to approve the initiation of a Change Order with Advanced Structures, Inc. for foundation and site work at the Marathon Jail Site, subject to the appropriate Performance Bond. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Puto to approve Morrison-Knudsen/Gerrits' Guaranteed Maximum Price proposal for the Life Safety Renovations at the existing Monroe County Jail in the amount of $412,903.00. AWARD OF BIDS Motion was made by Mayor Stormont and seconded by Commissioner Lytton to award the bid for Janitorial Services at the Plantation Key Government Complex to the low bidder, Clean Sweep Janitorial, in the amount of $48,000.00 per year and to approve and authorize execution of the Contract with Clean Sweep Janitorial. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Jones to award the bid for Construction of Addition to Bayshore Manor to the low bidder, D. L. Porter Construction, Inc., in the amount of $46,462.00; to approve and authorize execution of the Contract with D. L. Porter Construction, Inc.; and to waive payment and performance bond requirements. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Stormont to accept recommendation of the Fire Marshal's Officce to award the bid for Bunker Gear for Municipal Services Taxing Districts 5 and 6 to Safety Equipment Company as follows: 55 . 0088 District 5 9 5 86 District 6 9 10 72 Coats Pants Letters $2,524.95 967 . 90 67.08 $3,559.93 Coats Pants Letters $2,524.95 1,935.80 56 .16 $4,516.91 Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to continue to the next meeting the award of bid for hazardous waste collection. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Puto to award bid for modification of the Monroe County Translator to EMCEE Broadcast Products in the total amount of $323,051.80, subject to the posting of a Performance Bond. Motion carried unanimously. After further discussion, motion was made by Commissioner Harvey and seconded by Commissioner Puto to reconsider the previous action. Motion carried unanimously. Motion was then made by Commissioner Puto and seconded by Commissioner Harvey to approve, subject to the posting of an appropriate Performance Bond and also subject to availability of funding. Motion carried unanimously. The County Administrator was directed to review funding alternatives and report back to the Board. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution waiving any conflict of interest for Stanley Becker, as owner of Island Navigator, doing business with events partly funded by the Monroe County Tourist Development Council. Roll call vote was unanimous. RESOLUTION NO. 332-1990 See Res. Book No. 91 which is incorporated herein by reference. COUNTY ATTORNEY Randy Ludacer, County Attorney, advised the Board that at a hearing before Judge King earlier today, the pre- liminary injunction on the Big Pine Key Access Road was granted. Mr. Ludacer indicated that Judge King was recep- tive to the filing of the County's suit against the Department of the Interior and the consequent consolidation of all those cases into one. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to authorize the County Attorney to send a letter to the Department of the Interior outlining the County's grievances with their management practices concerning the Key Deer. Motion carried unanimously. 58 0089 There being no further business, the meeting was adjourned. * * * * *