08/20/1990 Regular
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Regular Meeting
Board of County Commissioners
Monday, August 20, 1990
Big Pine Key
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in the Parish Hall of St. Peter's Church in Big Pine Key.
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 Rosalie Connolly, Deputy 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.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to direct that a flag of appropriate
size be provided for the Big Pine Key area meetings. Motion
carried unanimously.
The Board proceeded to make additions, deletions
and changes to the Agenda.
BULK APPROVALS
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to approve the following items by
unanimous consent:
MISCELLANEOUS BULK APPROVALS
Board approved removal of the following surplus property
from the inventory of the Monroe County Public Health Unit,
Department of Health and Rehabilitative Services:
2000-705
Chair
Board approved and authorized execution of Contract Number
2-PY'90-08-00, JTPA Title II-A, with South Florida
Employment and Training Consortium and Service Provider
($40,500.00 contract amount).
Board adopted the following Resolutions transferring funds.
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RESOLUTION NO. 378-1990
RESOLUTION NO. 379-1990
See Res. Book No. 93 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 380-1990
RESOLUTION NO. 381-1990
RESOLUTION NO. 382-1990
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0002
See Res. Book No. 93 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding Resolution
No. 339-1990 concerning the receipt of unanticipated funds.
RESOLUTION NO. 383-1990
See Res. Book No. 93 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
filing of a Grant Application with Florida Department of
Natural Resources, Derelict Vessel Program, and directing
execution of same by the proper authorities.
RESOLUTION NO. 384-1990
See Res. Book No. 93 which is incorporated herein by
reference.
Board approved and authorized execution of a Contract with
Your Local Fence, Inc. for the Higgs Beach Security Fence.
Board approved and authorized execution of a Certificate of
Public Convenience and Necessity for Tavernier Volunteer
Fire Department and Ambulance Corps, Inc. for the period
beginning September 9, 1990 and ending September 8, 1992 for
Zone 10 (Certificate #90-03).
Board adopted the following Resolution authorizing the
County Attorney to accept and record a Deed of Conveyance
from the Florida Department of Transportation to Monroe
County conveying certain portions of Old State Road 4-A in
Marathon, Monroe County.
RESOLUTION NO. 385-1990
See Res. Book No. 93 which is incorporated herein by
reference.
Board approved request by the Telephone Company Pioneers of
America to use Harry Harris Park on October 13, 1990, con-
tingent upon proper insurance and alcohol permit.
Board approved removal of the following traded property from
the inventory of the Tax Collector:
500-612
500B-l06
500A-67
Key West Office =
Plantation Key
Marathon Office =
Xerox Copier
= Xerox Copier
Xerox Copi er
Board approved and authorized execution of Reimbursement
Agreement with Key Largo Volunteer Ambulance Corps, Inc. to
provide ALS Ambulance Services in Municipal Services Taxing
District No.6.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 386-1990
RESOLUTION NO. 387-1990
RESOLUTION NO. 388-1990
See Res. Book No. 93 which is incorporated herein by
reference.
ADVERTISING
Board granted approval to advertise for Public Hearing a
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proposed Ordinance concerning establishing hours for Higgs
Beach.
Board granted approval to advertise for Public Hearing a
proposed Ordinance pertaining to the Personnel policies and
Procedures Review Board.
Board granted approval to advertise for Public Hearing a
proposed Ordinance concerning statute of limitations for
Code Enforcement violations.
Board granted approval to advertise a Public Hearing for the
August 30, 1990 Special Meeting concerning the City of
Layton Hospital Facilities Revenue Bonds.
FLOOD VARIANCE APPLICATIONS
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of A. A. Ramel1i for a storage shed of greater than 300
square feet below base flood elevation on Lot 25, Sacarma
Subdivision, Cudjoe Key; Zoned SR/SC: Coastal Flood Zone
VE 11, VE 12, VE 13, VE 14, VE 15, and AE 10, Panel l5llF.
REFUND REQUESTS
Board authorized payment of refund in the amount of $28.50
to Gonzalez Architects inasmuch as an erroneus deposit was
made.
Board authorized payment of refund in the amount of $121.50
inasmuch as the roofing repair contract was cancelled.
MISCELLANEOUS BULK APPROVALS
Board adopted the following Resolution to transfer funds
from Contingency to Workers Compensation Fund.
RESOLUTION NO. 389-1990
See Res. Book No. 93 which is incorporated herein by
reference.
COUNTY ATTORNEY
Board adopted the following Resolution providing for the
acquisition of certain real property in Monroe County for
the siting and construction of solid waste facilities,
including but not limited to a septage treatment plant,
disposal facility for demolition and construction debris,
and other related activities.
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RESOLUTION NO. 390-1990
See Res. Book No. 93 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved and authorized payment of the following
invoices:
1. Public Financial Management, Inc.
in the amount of $2,696.42, for
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financial advisory services for
consulting on retainer for July,
1990.
2. Muller, Mintz, Kornreich, Caldwell,
Casey, Crosland & Bramnick, P.A.,
in the amount of $2,379.40, for
professional services through
July 27, 1990.
COUNTY CLERK
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellmann, Ph.D., in the amount of $200.00: Guillermo D.
Marcovici, Ph.D., in the amount of $1,400.00: Mental Health
Care Center of the Lower Keys, in the amount of $200.00:
Tanju T. Mishara, Ph.D., in the amount of $450.00.
COURT-APPOINTED ATTORNEYS, Mary Vanden Brook, in
the amount of $350.00: Leonard F. Miku1, in the amount of
$1,564.00; Lee Peter Speronis, in the amount of $450.00:
Joseph wolkowsky, in the amount of $534.66; Carol Ann Wolf,
in the amount of $947.00.
OTHER EXPENSES, Louis Spallone, Clerk, in the
amount of $500.00; State of Florida, in the amount of
$499.00.
COURT REPORTER SERVICES, Alderson Reporting Co., in
the amount of $278.50; Associated Court Reporters, in the
amount of $1,297.90; Kathleen A. Fegers, in the amount of
$195.50; Florida Keys Reporting, in the amount of $818.25;
Laws Reporting, Inc., in the amount of $60.00; Nancy J.
Maleske, in the amount of $60.75; Nichols and Hardy, in the
amount of $940.00.
COURT INTERPRETER SERVICES, J. R. Alayon, in the
amount of $350.00; Juan Borges, in the amount of $460.00:
Juli Barish, in the amount of $410.00; Alexandra Ramos, in
the amount of $175.00; Cesar Ugarte, Jr., in the amount of
$30.00; William G. Waddell, in the amount of $270.00.
EXPERT WITNESS FEES, Riley, Kiraly & Associates, in
the amount of $601.25. ----
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $2,390.74; Regular Witness Fees, in the amount of
$135.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, #132436-#133636, in the
amount of $4,649,586.44. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #341-#342, in
the amount of $40,433.47.
FINE ~ FORFEITURE FUND, #1000-#1008, in the amount
of $1,003,993.53.
AIRPORT OPERATION & MAINTENANCE FUND, #621-#622, in
the amount of $26,369.07.
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ROAD ~ BRIDGE FUND, #618-#619, in the amount of
$122,706.00.
MSD TAX DISTRICT, #1425-#1434, in the amount of
$363,387.71.
MSD TAXING DISTRICTS 701-711, #556-#558, in the
amount of-s!2l,747.40.
MSD - PLEDGED FUNDS, #193, in the amount of
$200,000.00.
LAW LIBRARY FUND, #313, in the amount of $1,031.16.
CAPITAL PROJECTS FUND, #435-#438, in the amount of
$139,166.15.
MONROE COUNTY GROUP INSURANCE, #396-#399, in the
amount of $4,614.06.
CARD SOUND BRIDGE FUND, #335-#336, in the amount of
$14,8l6.4~ ----
WORKERS COMPENSATION, #3364-#3384, in the amount of
$35,062.47.
TOURIST DEVELOPMENT COUNCIL, #658-#659, in the
amount of $9,924.89.
TRANSLATOR FUND, #276-#277, in the amount of
$4,732.60.
FAIR SHARE IMPROVEMENT TRUST FUND, #27-#29, in the
amount of $109,241.58.
RISK MANAGEMENT FUND, #92-#93, in the amount of
$17,252.8~ ----
PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #267-#268, in the amount of
$216,864.62.
UPPER KEYS TRAUMA DISTRICT, #46-#47, in the amount
of $2,258.59.
MONROE COUNTY SALES TAX BOND ANTICIPATION NOTES,
SERIES 1990, #01-#08, in the amount of $4,430,311.88.
CROSS KEY WATERWAYS ESTATE (SPECIAL ROAD DISTRICT),
#065, in the amount of $480.90. ----
Board approved Minutes of the following meetings of the
Board of County Commissioners: July 10,1990 (2): July 11,
1990 (plus continuation): July 12, 1990: July 19, 1990 (2):
July 20,1990 (2): July 31,1990; August 1, 1990.
Board approved execution of and authorized the Tax Collector
to issue Duplicate Tax Sale Certificate (Original No. 1126
dated May 21, 1986 in the sum of $20.65) to Douglas D.
Glass.
AWARD OF BIDS
Board accepted Staff recommendation to reject bids for one
Type I Ambulance for Municipal Services Taxing District No.
5 and granted approval to re-advertise for sealed bids.
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TOURIST DEVELOPMENT COUNCIL
Board approved payment of Tourist Development Council expen-
ditures in the amount of $113,074.36 (Input Date 7/30/90),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $282,048.96 (Input Date 7/30/90),
subject to final invoice approval by the County Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $201,799.50 (Input Date 7/30/90),
subject to final invoice approval by the County Finance
Department.
Board adopted the following Resolution transferring funds.
RESOLUTION NO. 391-1990
See Res. Book No. 93 which is incorporated herein by
reference.
Board approved and authorized execution of Agreement with
the American Powerboat Association and Key West Powerboat
Racing Association concerning the Key West APBA
International Cup Offshore Powerboat Race.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Francis Morris of Emergency Medical Services and
Elaine Gorman (representing volunteer services> accepted a
Proclamation from Mayor Stormont which proclaimed the week
of September 16 through September 22, 1990 as EMERGENCY
MEDICAL SERVICES WEEK.
Commissioner Jones discussed the Key Largo Landfill
closure. Charles Aguero, MSD Director, and Bob Harris of
Post, Buckley, Schuh & Jernigan addressed the Board.
Steven E. Flutie of Flutie Enterprises of Florida
addressed the Board and presented the County with a check in
the amount of $2,750.00, representing the first payment on
the shelters for the school children. Motion was made by
Commissioner Puto and seconded by Commissioner Lytton to
accept the check, transfer the proceeds into Parks and
Recreation so that it can be appropriately distributed, and
adopt the following Resolution concerning the receipt of
unanticipated funds. Motion carried unanimously.
RESOLUTION NO. 392-1990 .
See Res. Book No. 93 which is incorporated herein by
reference.
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MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Puto and seconded
by Commissioner Harvey to accept a $5,000.00 settlement from
R. J. Trucking and U. S. Fire Insurance Company for road
damage caused in an accident on Summer1and Key on March 30,
1990, and to approve and authorize execution of a Release Of
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All Claims in connection therewith. Motion carried unani-
mously.
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Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to approve Staff's request to give
thirty days' notice of intent to renew the Sublease
Agreement with the Marathon Chamber of Commerce regarding
the Marathon Youth Club. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Puto to delete Paragraph 8 of a Letter of
Agreement with the Boy Scouts of America establishing use of
the Florida Sea Base by Monroe County for recycling purposes
and then to authorize execution of said Agreement. Motion
carried unanimously.
Francis Morris, EMS Director, addressed the Board.
Motion was made by Commissioner Puto and seconded by Mayor
Stormont to aG~pt the award of EMS Matching Grant Nos. M
0130 and M 0131, in the amounts of $61,000.00 and $5,540.00
respectively; to accept the check in the total amount of
$66,540.00 and direct that this amount be credited this year
and rolled over into next year's budget; and direct that
indication of appropriate budgetary credits and distribution
of items among Districts 1, 5 and 6 be reflected properly in
the upcoming budget. Motion carried unanimously.
Charles Aguero, MSD Director, addressed the Board
regarding a proposed Resolution concerning the transfer of
funds needed for maintenance of incinerators and equipment
and insufficient salaries and overtime. After discussion,
motion was made by Mayor Stormont and seconded by
Commissioner Jones to hold this item for clarification and
direct that it be brought back at the next meeting. Motion
carried unanimously.
** NOTE THAT THE ABOVE ITEM **
** WAS RECONSIDERED LATER **
** IN THE MEETING **
ADVERTISING
The Board entered into a discussion regarding the
advertisement of a proposed Ordinance concerning a referen-
dum for funding for the Fine Arts Council. Motion was made
by Commissioner Lytton and seconded by Mayor Stormont to
amend to reduce the one-half mill that is currently in the
proposed Ordinance to be advertised to one-eighth of one
mill which would give the Fine Arts Council a modest but
effective operating budget, and to add a sentence that this
would generate approximately $747,000.00 in the current year
under the current tax base. Arlene Reiser, Chairman of the
Fine Arts Council, addressed the Board. Roll call vote was
taken with the following results:
Commissioner Harvey No
Commissioner Jones NO
Commissioner Lytton Yes
Commissioner Puto No
Mayor Stormont Yes
Motion failed. During discussion, motion was made by
Commissioner Puto and seconded by Commissioner Lytton to
reconsider the previous motion. Roll call vote was taken
with the following results:
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Commissioner Harvey Yes
Commissioner Jones NO
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont Yes
Motion carried. Motion was then made by Commissioner Puto
and seconded by Commissioner Lytton to amend to reduce the
one-half mill that is currently in the proposed Ordinance to
be advertised to one-eighth of one mill which would give the
Fine Arts Council a modest but effective operating budget,
and to add a sentence that this would generate approximately
$747,000.00 in the current year under the current tax base.
Roll call vote was taken with the following results:
Commissioner Harvey No
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont Yes
Motion carried. Motion was then made by Commissioner Lytton
and seconded by Mayor Stormont to grant approval to adver-
tise the proposed Ordinance, as amended, concerning the
referendum for funding for the Fine Arts Council. Roll call
vote was taken with the following results:
Commissioner Harvey NO
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Puto NO
Mayor Stormont Yes
Motion failed.
After discussion, motion was made by Mayor Stormont
and seconded by Commissioner Puto to grant approval to
advertise a Public Hearing for a budget amendment to the
Capital Projects Fund to divide the revenue sources into
separate funds. Motion carried unanimously with
Commissioners Jones and Lytton not present.
SOUNDING BOARD
Dennis Tebon of Exclusive Sports Marketing
addressed the Board regarding the Islamorada Diet Pepsi
Sprint Triathlon. After discussion, motion was made by
Commissioner Jones and seconded by Commissioner Puto to
defer until 1:30 p.m. for verification from the Sheriff as
to his current feelings about issuing a permit and for veri-
fication from the Tourist Development Council and Chambers
of Commerce throughout the Lower Keys of any functions that
may be scheduled for the same time as the proposed
Triathlon on September 30th. Motion carried unanimously.
Alison Fahrer, Chairperson of the Upper Keys Health
Care Taxing District, made a status report to the Board.
Shirley Mart Benson addressed the Board regarding
Big Pine Liquors' land clearing allegations and provided the
Board with a list of suggested recommendations for handling
this matter. After discussion, motion was made by
Commissioner Lytton and seconded by Commissioner Puto to ask
the County Administrator to deal with these recommendations
with the hope that it might prevent any recurrence to any
degree in the future and report back and also requesting the
TT 0009
County Attorney to review the status of the case to see if
there is any more cause of action. 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.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, addressed the
Board. Mr. Ludacer reported to the Board on the Seminar on
Land Use Law which he attended last week.
Mr. Ludacer presented a proposed Interlocal
Agreement and Conservation Easement with the Monroe County
Land Authority regarding Crawl Key. The County Attorney
recommended the addition of the following sentence to the
end of the second paragraph on Page 4 of the Conservation
Easement: "This Easement shall automatically expire upon
the County's repayment of funds borrowed from the Land
Authority for the acquisition of Crawl Key." Motion was
made by Mayor Stormont and seconded by Commissioner Puto
that the Conservation Easement be corrected for the
appropriate extinguishing of the Easement. Motion carried
unanimously. After further discussion, the Board directed
that this matter be deferred until after the Land
Authority's action scheduled for later in the day.
MUNICIPAL SERVICE DISTRICT (WASTE)
Charles Aguero, Director, addressed the Board.
After discussion, motion was made by Mayor Stormont and
seconded by Commissioner Lytton to amend the contract with
Waste Management in order to designate the Construction
Phase Coordinator to be Morrison/Knudsen-Gerrits. 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 approve the purchase (in the amount of
$225,000.00) of a Rex Compactor from DeWind Machinery as
sole source. Roll call vote was taken with the following
results:
Commissioner Harvey NO
Commissioner Jones NO
Commissioner Lytton Yes
Commissioner Puto NO
Mayor Stormont Yes
Motion failed.
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The Board entered into a discussion of the septage
problem. Charles Aguero and a representative of Post,
Buckley, Schuh & Jernigan addressed the Board. Motion was
made by Mayor Stormont and seconded by Commissioner Lytton
to bring back to the Board prices on used tanks and sources
of hauling out at the next meeting. Motion carried unani-
mously. Motion was made by Mayor Stormont and seconded by
Commissioner Jones directing the County Administrator to
bring back to the Board a total program for sludge solu-
tions, including purchase of land in the event Crawl Key
fails, which can be implemented at the end of two months.
Roll call vote was unanimous.
-
The Board discussed the Snellinger and DeMaras
leases which were approved on August 1st. Motion was made
by Mayor Stormont and seconded by Commissioner Jones to
rescind the August 1st motions and to purchase both proper-
ties using Land Authority monies available to MSD. Roll
call vote was unanimous.
Motion was made by Mayor Stormont and seconded by
Commissioner Lytton that the County Administrator and Mr.
Aguero determine what land requirements of MSD will be under
any other and all scenarios and to begin to bring before
this Board other parcels required for recycling and any
other potential solid waste use in the County for the next
five to ten years so that the Board will be able to proceed
to give direction to purchase property. Motion carried una-
nimously.
DIVISION OF COMMUNITY SERVICES
Peter Horton, Division Director, reported to the
Board on the Florida Airport Managers Association conference
held recently in Pensacola.
DIVISION OF GROWTH MANAGEMENT
Consent Agenda
Major Conditional Use
Lorenzo Aghemo addressed the Board regarding the
Major Conditional Use Development Order No. 18-90 issued to
the State of Florida Division of General Services for a
radio communication system for law enforcement and emergency
use, consisting of six antenna towers located throughout the
County. The Board was advised to delete all references to
"Surnrnerland Key" and replace with "Sugarloaf Key". After
discussion, motion was made by Commissioner Lytton and
seconded by Commissioner Puto to adopt the following
Resolution affirming Planning Commission Development Order
No. 18-90 granting the major conditional use for certain
lands on Key Largo, Plantation, Long Key, Marathon, Big Pine
and Sugarloaf Key, Monroe County. 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.
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001 1
RESOLUTION NO. 393-1990
See Res. Book No. 93 which is incorporated herein by
reference.
The Board recessed for lunch.
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The Board reconvened at 1:30 p.m. with all
Commissioners present.
SOUNDING BOARD
The Board readdressed the Islamorada Diet Pepsi
Spring Triathlon. The County Administrator advised that
there were no conflicting events but that the Sheriff's
Department had advised that there was a problem with the
Florida Department of Transportation regarding the road clo-
sure. Inasmuch as the Department of Transportation's repre-
sentative was unable to be reached, motion was made by
Commissioner Puto and seconded by Commissioner Jones to
authorize the Mayor to sign a permit for the closing of US 1
for approximately two hours on September 30th as set out in
the correspondence to the Board, subject to agreement by the
Florida Department of Transportation and the Monroe County
Sheriff's Department. Roll call vote was taken with the
following results:
Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Puto NO
Commissioner Lytton Yes
Mayor Stormont NO
Motion carried.
The Board recessed.
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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 Art French, Hal Halenza,
Eugene Lytton, John Stormont, and Chairman Michael Puto.
Motion was made by Commissioner Stormont and
seconded by Commissioner Halenza to accept the recommen-
dation of the EMS Department to award the bid for one Type
III ambulance, including Option 1 and Option 2, to Southern
Ambulance Builders, Inc. in the total amount of $74,880.00.
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Halenza to accept the recommen-
dation of the Fire Marshall to purchase fire hose from the
following low bidders set out as below:
IT? 0012
Harolds Sales
Ten-8 Fire Equipment
Safety Equipment Co.
$20,453.40
$ 1,606.50
$ 3,327.66
Motion carried unanimously.
There being no further business, the meeting of the
Board of Governors of District *1 Lower and Middle Keys Fire
and Ambulance District adjourned.
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The Board of County Commissioners reconvened with
all Commissioners present.
COUNTY ADMINISTRATOR
The County Administrator introduced Judge Overby,
Circuit Judge for the Middle and Upper Keys, who addressed
the Board regarding Courthouse security improvements. After
lengthy discussion concerning the report from Consultants on
Public Safety, motion was made by Mayor Stormont and
seconded by Commissioner Puto to authorize the purchase of
thirteen personal alarm transmitters and three receivers at
an estimated cost of $31,000.00. 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 Mayor Stormont and
seconded by Commissioner Lytton to pay for the foregoing
transmitters and receivers out of the BOCC contingency fund.
Motion carried unanimously. Motion was made by Mayor
Stormont and seconded by Commissioner Puto to recommend the
County Administrator to look at fencing for judges' parking
and prisoner transit to Courtroom B at Plantation Key - the
area behind the courthouse. 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 Mayor Stormont and
seconded by Commissioner Puto that (concerning the
Plantation Key Courthouse) things such as the wire screening
or glass block referred to in *5 of the report, the handling
of the handicapped situation at #6, and the judges' chambers
access in #11 be addressed and handled as individual pro-
jects, separately from the core atrium reconstruction. 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 Mayor Stormont and
IT ·
0013
seconded by Commissioner Lytton that on longer term
situations, the County Administrator investigate the utili-
zation of the side hallway as total public access to
Courtroom B in Plantation Key. 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 Mayor stormont and
seconded by Commissioner Lytton that the Administrator con-
sider ultimate permanent placement of detection devices at
the courtroom access in a line running from the stairwell in
front of the Clerk's Office at the Plantation Key
Courthouse. 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. Mayor Stormont then advised Judge Overby
that he would like to receive from the judges the most eco-
nomical and reasonable recommendation for handling of priso-
ners. Commissioner Puto directed that the Fire Marshal was
to be kept abreast of any and all changes being made at any
of the Courthouses.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to install a small plaque at the Key
West Courthouse recognizing the Courthouse's 100th
Anniversary, and directing the County Administrator to bring
back to the Board the proposed wording of the plaque.
Motion carried unanimously.
COUNTY ATTORNEY
After discussion, motion was made by Commissioner
Puto and seconded by Commissioner Jones to adopt the
following Resolution authorizing the Mayor of the Board to
execute an Interlocal Agreement, as modified, between the
County and the Monroe County Land Authority regarding Crawl
Key. Motion carried unanimously.
RESOLUTION NO. 394-1990
See Res. Book No. 93 which is incorporated herein by
reference.
MUNICIPAL SERVICE DISTRICT (WASTE)
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to grant permission to the County
Administrator to initiate a PSO to Post, Buckley, Schuh &
Jernigan to begin design and permitting for the location of
the septage treatment plant on Crawl Key. Motion carried
unanimously.
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0014
MISCELLANEOUS
Dr. Marshall Wolfe, Executive Director of the
Mental Health Care Center of the Lower Keys, addressed the
Board regarding proposed expansion of the Lighthouse
Adolescent Drug Rehabilitation Program. Motion was made by
Commissioner Jones and seconded by Mayor Stormont to grant
permission to analyze the expansion of the services of the
Lighthouse Program to include the Florida Keys Children's
Shelter, that any cooperative services be contractual, and
that the Board be kept so informed. Motion carried unani-
mously.
Dr. Wolfe and Mr. Terry Shirey addressed the Board
regarding a proposed Resolution approving a joint program
with Osceola County and the Osceola County Industrial
Development Authority for the issuance by the Osceola County
Industrial Development Authority of revenue bonds to finance
a loan program for qualifying health care providers in
Osceola County, Monroe County and other cities and counties
in Florida; etc. After lengthy discussion with Staff,
motion was made by Commissioner Jones and seconded by
Commissioner Lytton to postpone this matter and add it to
the Agenda for the Special Meeting to be held on August 22nd
at 10:00 a.m. in the Chapel on Stock Island. Motion carried
unanimously.
PUBLIC HEARINGS
Randy Ludacer, County Attorney, advised the
audience of the appeal process.
A Public Hearing was held on a proposed Ordinance
amending Section 2-300 of the Monroe County Code (Tourist
Development Plan) in order to add to the third cent
authorized expenditures for publicly owned and operated and
not-for-profit owned and operated museums, zoological parks,
fishing piers or nature centers; and to allocate as part of
Monroe County's Annual Budget Tourist Development funds for
publicly owned beaches, museums, zoological parks, fishing
piers or nature centers; that distribution of such proceeds
shall be made upon adoption and implementation of the Budget
without further approvals by Districts, Tourist Development
Councilor Board of County Commissioners; providing for
severability; providing for repeal of all Ordinances incon-
sistent 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. Ellen McFadden, representing
the Islamorada Chamber of Commerce and District Advisory
Committee and Upper Keys businesses opposed the proposed
prdinance. Motion was made by Commissioner Puto and
seconded by Commissioner Lytton to continue to the next
Regular Meeting in Key West. Motion carried unanimously.
A Public Hearing was held on a proposed Ordinance
irnending Section 3.7(1), Monroe County Code, in order to
)rohibit the running at large of monkeys and anthropoid apes
egardless of whether the permission of the property owner
las been obtained; providing for severability; providing for
epeal of all Ordinances inconsistent herewith; providing
or incorporation into the Monroe County Code; and providing
n effective date. Proof of publication was entered into
he record. Motion was made by Commissioner Lytton and
econded by Commissioner Jones to read by title only.
I
IT 0015
Motion carried unanimously. The County Attorney read by
title only. Dr. Paul Schilling, Director of the primate
breeding operation on Lois and Raccoon Keys, addressed the
Board. After lengthy discussion, motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
continue to the next Regular Meeting in Key West. Motion
carried unanimously.
A Public Hearing was held on a proposed Ordinance
authorizing an award of $5,000.00 to Dade County for the
National Association of Counties conference in Miami; pro-
viding for severability; providing for repeal of all
Ordinances inconsistent herewith; providing for incor-
poration 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 Commissioner Lytton and
seconded by Commissioner Harvey to adopt the following
Ordinance. 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.
ORDINANCE NO. 025-1990
See Ord. Book No. 24 which is incorporated herein by
reference.
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BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals.
The Board entered into a discussion concerning a
Resolution reversing the decision of the Monroe County
Planning Commission in denying Boot Key Harbor Plaza a major
conditional use for a shopping center and marina to be
located on Key Vaca, Monroe County. Motion was made by
Commissioner Lytton and seconded by Commissioner Puto to add
the following sentence to the end of Section 1 of the
Resolution: "Any stipulated agreements made by the appli-
cant concerning conditions are hereby adopted and made part
of this Resolution" and to then adopt the following
Resolution as amended. 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.
RESOLUTION NO. 395-1990
See Res. Book No. 93 which is incorporated herein by
reference.
IT 0016
The Board then considered the appeal by Gregg
Lombardi of a single-family home building permit issued to
David Conner for property located on Lot 45, Ramrod Shores
3rd Addition, Ramrod Key, Section 29, Township 66S, Range
29E, approximately MM 27. Michael Halpern, attorney repre-
senting Gregg Lombardi, addressed the Board. Lorenzo Aghemo
and George Garrett from the Growth Management Division
addressed the Board. Mr. Halpern rebutted. After lengthy
discussion, motion was made by Commissioner Harvey and
seconded by Commissioner Jones to overturn the Planning
Commission's decision due to the fact that the Board of
County Commissioners' findings of fact indicate that the
Planning Commission failed to address basic requirements of
the law on 9.5-286, shoreline setback criteria. Roll call
vote was unanimous.
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PUBLIC HEARINGS
A Public Hearing was held to consider a Budget
Amendment to the Tourist Development Council Budget for
Fiscal Year 1990. Proof of publication was entered into the
record. There ws no public input. Motion was made by
Commissioner Puto and seconded by Mayor Stormont to adopt
the following Resolution amending the Tourist Development
Council Budget for the Fiscal Year ending September 30,
1990. Motion carried unanimously.
RESOLUTION NO. 396-1990
See Res. Book No. 93 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board and presented to the Board for their
review a report concerning Card Sound/US 1 Proposed
Improvement Projects.
Engineering
Dent Pierce, Division Director, addressed the
Board. Motion was made by Commissioner Puto and seconded by
Mayor Stormont to approve and authorize execution of Change
Order No. 4 to Frank Keevan & Son, Inc. for the Duck Key/
Marathon Bridge Rehabilitation Project with an increase of
$21,000.00 and forty-five days. Motion carried unanimously.
Facilities Maintenance
Dent Pierce addressed the Board requesting approval
to expedite the process for payments to the Universal Beach
Service Corporation under their contract. Motion was made
by Commissioner Puto and seconded by Commissioner Jones to
accept Staff's recommendation to allow the monthly invoices
from Universal Beach Service Corporation to be submitted to
the Finance Department prior to receiving approvals from the
Tourist Development Council and Board of County
Commissioners. Motion carried unanimously.
IT ~
0017
Motion was made by Commissioner Puto and seconded
by Commissioner Jones to add to the Agenda as Item J-5 a
proposed Resolution concerning the payment of certain
Tourist Development Council expenditures. After discussion,
motion was made by Commissioner Puto and seconded by Mayor
Stormont to adopt the following Resolution directing that
certain Tourist Development Council expenditures which have
previously been authorized by the Board of County
Commissioners as explicit contractual functions and/or by
explicit budgetary line item authorizations in budgets
attached to such contracts are to be immediately processed
for payment. Motion carried unanimously.
RESOLUTION NO. 397-1990
See Res. Book No. 93 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Torn Brown, County Administrator, addressed the
Board. Mr. Brown advised that there were six responses to
the RFP for the Comprehensive Facilities Planning Study.
After discussion, motion was made by Commissioner Puto and
seconded by Commissioner Jones to appoint a short-list
committee consisting of Douglas Fuller of Morrison-Knudsen/
Gerrits, Dent Pierce, Dave Koppel, and Torn Brown with the
understanding that they would bring the three or more best
qualified applicants back to the Board for consideration.
Motion carried unanimously.
The County Administrator discussed a recent letter
he had received from the Department of General Services con-
cerning the Regional Permitting Center.
Mr. Brown reported on the meeting held last week
with DOT and DCA regarding methodologies for determination of
the Level Of Service on US 1.
The County Administrator also reported on the
recent meeting with Broward and Dade officials regarding the
solid waste problems.
APPOINTMENTS
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to reappoint Barbara Duck to the
Dade-Monroe Alcohol, Drug Abuse, Mental Health Planning
Council for a two-year term commencing September 4, 1990.
Motion carried unanimously.
MUNICIPAL SERVICE DISTRICT (WASTE)
After discussion, motion was made by Commissioner
Lytton and seconded by Commissioner Harvey to adopt the
following Resolution approving the continuation of a Lease
Agreement with Paul J. Snellinger and Doris Snellinger on a
month-to-month basis and permitting the Clerk to pay.
Motion carried unanimously.
RESOLUTION NO. 398-1990
See Res. Book No. 93 which is incorporated herein by
reference.
IT 0018
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to adopt the following Resolution
approving the continuation of a Lease Agreement with Victor
DeMaras on a month-to-month basis and permitting the Clerk
to pay. Motion carried unanimously.
RESOLUTION NO. 399-1990
See Res. Book No. 93 which is incorporated herein by
reference.
AWARD OF BIDS
Peter Horton, Director of Division of Community
Services, addressed the Board. After discussion, motion was
made by Mayor Stormont and seconded by Commissioner Puto to
accept Staff recommendation to award the bid for one 1991
Adventure II Bookmobile to Ohio Bus Sales in the amount of
$48,653.00 and to direct Staff to bring appropriate contract
back to the Board. Roll call vote was unanimous.
TOURIST DEVELOPMENT CCOUNCIL
After discussion, motion was made by Mayor Stormont
and seconded by Commissioner Lytton to accept the Tourist
Development Council's Umbrella RFP Cultural Evaluation
Voting Tally and to recommend the Tourist Development
Council to negotiate with the Key West Art & Historical
Society. Roll call vote was taken with the following
results:
Commissioner Harvey NO
Commissioner Jones NO
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont Yes
Motion carried.
The Board discussed the request from TDC to approve
an Agreement with Postal World Services which is to be a
replacement for a previous Agreement with The Postman.
Motion was made by Mayor Stormont and seconded by
Commissioner Lytton directing Staff to advise the Tourist
Development Council that if no Agreement that existed with
The Postman can be found, that the proposal be contracted
for and a contract be prepared and brought back to this
Board. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Motion was made by Mayor Stormont and seconded by
Commissioner Lytton to rescind the Board's previous action
concerning the transfer of funds needed for maintenance of
incinerators and equipment and insufficient salaries and
overtime and to now reconsider this item. Motion carried
unanimously. Motion was then made by Mayor Stormont and
seconded by Commissioner Lytton to adopt the following
Resolution transferring funds.
RESOLUTION NO. 400-1990
See Res. Book No. 93 which is incorporated herein by
reference.
IT'
0019
There being no further business, the meeting was
adjourned.
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