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10/03/1990 Regular IT .. 0077 Regular Meeting Board of County Commissioners Wednesday, October 3, 1990 Tavernier A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Elks Club in Tavernier. 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; 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 Mayor Stormont and seconded by Commissioner Lytton to make additions, deletions and correc- tions to the Agenda. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the following items by una- nimous conseqt: COMMISSIONERS' ITEMS Board approved the Coral Shores High School Homecoming Parade on October 26, 1990. Board acknowledged information concerning the program "Instant Recall" on CBS at 7:30 p.m. on October 18th which will deal with the Cuban Crisis and how it affected Monroe County. MISCELLANEOUS BULK APPROVALS Board approved removal of the following surplus property from the inventory of the State Attorney: 0603-068 0603-072 0603-091 0603-146 0603-147 0603-155 0603-195 2000-705 Lamp Table Secretarial Chair Typing Stand Secretarial Chair Typewriter Stand Lamp Table Correcting Selectric Typewriter Chair Board authorized the expenditure of funds from the Law Enforcement Trust Fund, created pursuant to Chapter 932.704(3}(a}, F.S., as follows: $1,161.00 for tuition, travel and per diem for three members of department to attend a forfeiture seminar in Fort Lauderdale IT 0078 " Board approved removal of the following surplus property from the inventory of the Central Services Department of the Public Works Division: 0901-003 0901-004 0901-009 0901-011 0901-040 0901-063 0905-002 0905-012 0905-021 0915-004 0915-005 0915-015 0915-019 0915-020 0915-022 0915-028 0915-031 0915-032 0915-035 0915-036 0915-041 Vise Chair Paint Gun Compressor Cabinet Paint Gun Spray Gun Floor Jack Tester Jack Stand Socket Wrenches Spray Gun Jack Stand Brake Bleeder Drill 'rool Box Engine Analyzer Impact Tool Fire Extinguisher Fire Extinguisher Bench Grinder Board approved removal of the following surplus property from the inventory of the Facilities Maintenance Department of the Public Works Division: 0922-223 0902-271 0902-272 0902-399 0902-410 0903-44 2000-471 0903-138 2671-58 0903-411 0903-444 0920-228 0920-254 0903-334 2671-119 2671-145 0910-25 2671-58 0903-415 0902-385 0903-189 0903-527 0903-528 0920-247 0910-23 0903-552 Sprayer Pump Lever Dolly Lever Dolly 11,500 BTU Air-conditioner Vacuum Water Cooler 10,500 BTU Kenmore Air-conditioner Desk Kenmore Air-conditioner Air-conditioner Air-conditioner Swing Set - "Bay Point" Vanguard Watch Clock Emerson Air-conditioner 10,500 BTU Kenmore Air-conditioner 10,500 BTU Kenmore Air-conditioner Sears Lawn Mower, 22" cut 10,500 BTU Kenmore Air-conditioner 7,000 BTU Kenmore Air-conditioner Amana Air-conditioner 1979 G. E. Master II Radio 1982 G. E. Master II Radio 1981 G. E. Master II Radio 1976 G. E. Radio . 1987 G. E. M.L.S. 10' Fiberglas Ladder Board approved and authorized execution of Project Agreement with the Department of Natural Resources for installation of Channel Markers at Ramrod Key. Board approved removal of the following surplus property from the inventory of the Social Services-Transportation Department of the Community Services Division: 1811-1 Transette Mini-Bus TI' 0079 Board approved removal of the following surplus property from the inventory of the Social Services-Bayshore Manor Department of the Community Services Division: 1803-385 1803-333 1803-339 GE Air-conditioner Fedders Air-conditioner Fedders Air-conditioner Board approved and authorized execcution of Certificate of Public Convenience and Necessity <Certificate No. 90-04) for Key Largo Volunteer Ambulance Corps, Inc. for the period beginning September 17, 1990 and ending September 16, 1992. Board approved and authorized execution of contract with Ohio Bus Sales for the purchase of one 1991 Adventure II Bookmobile at a price of $48,653.00. Board authorized renewal of MSD's General Liability and Public Officials Liability with the Florida Municipal Liability Self-Insurers Program at an annual premium of $42,461.00. Board approved and authorized execution of Settlement Agreement in the case of Kapelow, et al v. Monroe County, et al, Case No. 89-931-CA-05. Board approved and authorized execution of USDA Contract i91-4-1051 with The Alliance for Aging for Dade and Monroe Counties, Inc. for reimbursement to the County Nutrition Program for serving meals to the clients on the C-l and C-2 programs. FLOOD VARIANCE APPLICATIONS Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Beatrice Garcia for first time placement of a mobile home below base flood elevation on Lot 15, Block 4, Sherrill Park Subdivision, Key Largo; Zoned URM; Coastal Flood Zone AE 9', Panel 0994F. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Beatrice Garcia for first time placement of a mobile home below base flood elevation on Lot 14, Block 4, Sherrill Park Subdivision, Key Largo; Zoned URM; Coastal Flood Zone AE 9', Panel 0994F. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Mrs. Edward Genovese for a garage enclosure of greater than 300 square feet, below base flood elevation, constructed with break-away unfinished walls, on Lot 3, Stillwright Point Plat il, Key Largo; Zoned IS; Coastal Flood Zone VE 13, VE 12 and AE 10, Panel 0842F. REFUND REQUESTS Board authorized payment of refund in the amount of $250.00 to James W. McElroy inasmuch as Mr. McElroy had advised that all political signs permitted had now been removed. Board authorized payment of refund in the amount of $125.00 to Lawrence Kaine inasmuch as his property was not accessible by land and an on-site visit could not be made; IT 0080 thus only a letter of buildability could be issued in the amount of $125.00. Board authorized payment of refund in the amount of $25.00 inasmuch as occupational license applications were no longer reviewed by the Growth Management Division. Board authorized payment of refund in the amount of $2,650.00 as partial refund of traffic asessment fee regarding the proposed Burger King on Stock Island. Board adopted the following Resolutions concerning the receipt of unanticipated funds. RESOLUTION NO. 448-1990 RESOLUTION NO. 449-1990 RESOLUTION NO. 450-1990 RESOLUTION NO. 451-1990 RESOLUTION NO. 452-1990 RESOLUTION NO. 453-1990 RESOLUTION NO. 454-1990 RESOLUTION NO. 455-1990 RESOLUTION NO. 456-1990 RESOLUTION NO. 457-1990 RESOLUTION NO. 458-1990 RESOLUTION NO. 459-1990 RESOLUTION NO. 460-1990 RESOLUTION NO. 461-1990 RESOLUTION NO. 462-1990 RESOLUTION NO. 463-1990 RESOLUTION NO. 464-1990 RESOLUTION NO. 465-1990 RESOLUTION NO. 466-1990 RESOLUTION NO. 467-1990 See Res. Book No. 94 which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 158-1990 concerning the receipt of unanticipated funds. RESOLUTION NO. 468-1990 See Res. Book No. 94 which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 172-1990 concerning the receipt of unanticipated funds. RESOLUTION NO. 469-1990 See Res. Book No. 94 which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 645-1989 concerning the receipt of unanticipated funds. RESOLUTION NO. 470-1990 See Res. Book No. 94 which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 237-1990 concerning the receipt of unanticipated funds. RESOLUTION NO. 471-1990 See Res. Book No. 94 which is incorporated herein by reference. Board adopted the following Resolutions concerning the transfer of funds. IT' 0081 RESOLUTION NO. 472-1990 RESOLUTION NO. 473-1990 See Res. Book No. 94 which is incorporated herein by reference. COUN'rY ATTORNEY Board approved and authorized execution of an Interlocal Agreement with the City of Key West for the collection, holding in trust and transfer of library impact fees between the County and the City. DIVISION OF GROWTH MANAGEMENT Building Department Board approved refund request to Bonefish Towers in the amount of $5,751.00 regarding permit fees for a sprinkler system. COUNTY ADMINISTRATOR Board approved and authorized payment of the following invoices: 1. Public Financial Management, Inc., in the amount of $2,583.39, for financial advisory services for consulting on retainer for August, 1990. 2. Roseman & Colin, in the amount of $2,583.15, for professional services re Monroe County Translator System. 3. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, in the amount of $1,935.25, for professional services through August 29, 1990. 4. Taylor, Brion, Buker & Greene, in the amount of $6.55, for professional services re Tom Pennekamp, et al v. Proby, Wolfe and Craig. 5. Roseman & Colin, in the amount of $2,805.36, for professional services re Monroe County Translator System. 6. Rosenman & Colin, in the amount of $6,239.59, for professional services re Monroe County Translator System. 7. Taylor, Brion, Buker & Greene, in the amount of $168.74, for professional services re Tom Pennekamp, et al v. proby, Wolfe and Craig. 8. Squire, Saunders & Dempsey, in the amount of $11,563.75, for professional services re Solid Waste Disposal Facility. 9. Cates Electric, Inc., in the amount of $3,930.00, for professional services IT I 0082 re Emergency Generator, 310 Fleming Street, Key West (Final Payment). Board approved payment of Florida Shore & Beach Preservation Association State membership dues in the amount of $600.00 for Fiscal Year 1991. Board approved and authorized execution of Post Buckley Schuh & Jernigan's Professional Service Order EMD-26 con- cerning sludge/septage management system. CO UN'rY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo D. Marcovici, in the-amount of $400.00. COURT-APPOINTED ATTORNEYS, Roberta S. Fine, in the amount of $350.00; William Kuypers, in the amount of $2,574.50; Jeffrey B. Meyer, in the amount of $738.75; Leonard F. Mikul, in the amount of $3,658.00; John P. Rotolo, in the amount of $368.20; Timothy Nicholas Thomes, in the amount of $4,689.00. OTHER EXPENSES, Louis Spallone, in the amount of $2,750.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $382.00; Billie Jean Fase, in the amount of $732.00; Kathleen A. Fegers, in the amount of $702.70; Mariann D. Heber, in the amount of $416.00; Herman, Stahl & Tackla Court Reporters, in the amount of $206.10; Amy Landry, in the amount of $9,220.50; Nancy J. Maleske, in the amount of $1,883.25; ~ichols and Hardy, in the amount of $419.25; Lisa Roeser, in the amount of $2,278.25. COURT INTERPRETER SERVICES, J. R. Alayon, in the amount of $527.50; Juan Borges, in the amount of $155.00; Juli Barish, in the amount of $785.00; Manuel J. Marcial, in the amount of $25.00; Alexandra Ramos, in the amount of $45.00. WITNESS PAYROLL, Expert Witness Fees, in the amount of $1,500.00; Auto Allowance-& Travel, in the amount of $117.78; Regular Witness Fees, in the amount of $45.00. Board approved the following Warrants: GENERAL REVENUE FUND, #135026-#136189, in the amount of $5,827,049.80. GENERAL REVENUE FUND, Marine Bank, in the amount of $14,062.41. SUPPLEMENT TO GENERAL REVENUE FUND, #345-#348, in the amount of $66,714.69. FINE & FORFEITURE FUND, #1012-#1017, in the amount of $153,534.24:- AIRPORT OPERATION & MAINTENANCE FUND, #626-#629, in the amount of $76,369.36. - TT 0083 ROAD & BRIDGE FUND, #622-#625, in the amount of $192,756.~ - ---- MSD TAX DISTRICT, #1440-#1453, in the amount of $548,416.15. --- MSD TAXING DISTRICTS 701-711, #561-#564, in the amount of $402,778.39. MSD - PLEDGED FUNDS, #196-#199, in the amount of $709,596.40. MSD ACQUISITION FUND (105), #008-#010, in the amount of $31,241.57. LAW LIBRARY FUND, #315, in the amount of $40.56. CAPITAL PROJECTS FUND, #446-#455, in the amount of $307,439.03. MONROE COUNTY GROUP INSURANCE, #403-#405, in the amount of $7,755.07. CARD SOUND BRIDGE FUND, #339-#342, in the amount of $19,529.88. WORKERS COMPENSATION, #3413-#3449, in the amount of $43,451.95. TOURIST DEVELOPMENT COUNCIL, #662-#665, in the amount of $1,427,715.96. TRANSLATOR FUND, #280-#281, in the amount of $6,901.71. FAIR SHARE IMPROVEMENT TRUST FUND, #32-#33, in the amount of~078.92. RISK MANAGEMENT FUND, #96-#100, in the amount of $44,204.49. PLANNING, BUILDING & CODE ENFORCEMENT, PARKS & BEACHES UNINCORPORATED, #271=#274, in the amount of $252,403.68. UPPER KEYS TRAUMA DISTRICT, #50-#52, in the amount of $4,376.32. MONROE COUNTY SALES TAX BOND ANTICIPATION NOTES, SERIES 1990~1-#04, in the amount of $273,492.96. Board approved execution of and authorized the Tax Collector to issue Duplicate Tax Sale Certificate (Original No. 1583 dated May 21, 1986 in the sum of $326.75) to John Hudson. Board approved' execution of and authorized the Tax Collector to issue Duplicate Tax Sale Certificate (Original No. 979 dated May 23, 1984 in the sum of $299.95) to John Hudson. Board approved execution of and authorized the Tax Collector to issue Duplicate Tax Sale Certificate (Original No. 1018 dated May 22, 1985 in the amount of $423.85) to Joseph Sands and A1dine Sands. Board approved execution of and authorized the Tax Collector to issue Duplicate Tax Sale Certificate (Original No. 1573 IT , 0084 dated May 24, 1984 in the sum of $16.74) to Lloyd A. Good, Jr. TOURIST DEVELOPMENT COUNCIL Board approved payment of Tourist Development Council expen- ditures in the amount of $10,830.54 (Input Date 9/17/90), subject to final invoice approval by the County Finance Deoartment. Board approved payment of Tourist Development Council expen- ditures in the amount of $275,800.46 (Input Date 9/17/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $141,719.91 (Input Date 9/17/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $2,714.05 (Input Date 9/19/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $24,667.22 (Input Date 9/19/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $19,625.04 (Input Date 9/19/90), subject to final invoice approval by the County Finance Department. Board adopted the following Resolution transferring Tourist Development funds. RESOLUTION NO. 474-1990 See Res. Book No. 94 which is incorporated herein by reference. Board approved payment of Tourist Development Council expen- ditures in the amount of $5,490.11 (Input Date 9/25/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $1,495.21 (Input Date 9/25/90), subject to final invoice approval by the County Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $1,687.85 (Input Date 9/25/90), subject to final invoice approval by the County Finance Department. Board approved payment of $15,000.00 for development sketches and finished original four-color illustration, four-color photography, including photographer and agency art direction, District IV, Third Penny. Board adopted the following Resolution transferring Tourist Development Council funds. TP 0085 RESOLUTION NO. 475-1990 See Res. Book No. 94 which is incorporated herein by reference. Board approved the Greater Key West Chamber of Commerce's Fiscal Year 1991 budget in the amount of $98,721.19, District I, Third Penny, Tourist Information Services. Board approved Cruiseship Program for Fiscal Year 1991, in the amount of $38,070.00, District I, Third Penny, Promotional & Advertising. Board approved budget for attendance at Sea trade International Shipping Convention, February 5 - 8, 1991, in the amount of $8,041.00, District I, Third Penny, Promotional & Advertising. Board approved maintenance of Smathers Beach for Fiscal Year 1991, in the amount of $60,736.00, District I, Third Penny, Bricks & Mortar. Board approved maintenance of Higgs Beach for Fiscal Year 1991, in the amount of $85,530.00, District I, Third Penny, Bricks & Mortar. Board approved Fiscal Year 1991 TIS Budget of the Greater Marathon Chamber of Commerce, in the amount of $116,018.20, District III, Third Penny, Tourist Information Services. Board approved a portion of the District IV Sales & Marketing Plan, in the amount of $79,200.00, District IV, Third Penny, Promotional & Advertising. Board approved the Key West Art & Historical Society Project #3, in the amount of $35,000.00, District I, Third Penny, Bricks & Mortar, Fiscal Year 1990. Board approved printing of the Key West Accommodations Guide, Third Penny, in the amount of $3,833.34. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Jones and seconded by Commissioner Puto to add to the Agenda as Item B-13 a discussion regarding DePoo Hospital. Motion carried unani- mously. Commissioner Jones discussed a project to determine individual addresses of residences within Monroe County for public safety purposes and provisions of Ordinance No. 008-1989. This matter was referred to Staff for a report back to the Board. Commissioner Lytton discussed the Seacamp Association. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the issuance of a Proclamation recognizing the 25th'Anniversary of Seacamp Association, Inc. on Big Pine Key. Motion carried unani- mously. Commissioner Lytton discussed recent DNR actions regarding Flamingo Island. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the IT , 0086 following Resolution expressing the Board's concern to the Governor and Cabinet regarding actions on Flamingo Island by the Florida Department of Natural Resources. Motion carried unanimously. RESOLUTION NO. 476-1990 See Res. Book No. 94 which is incorporated herein by reference. Commissioner Lytton discussed Flag Day. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Resolution declaring Flag Day to be a legal holiday. Motion carried unanimously. RESOLUTION NO. 477-1990 See Res. Book No. 94 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Jones approving a Proclamation proclaiming the week of October 7 - 13, 1990 as FIRE PREVENTION WEEK. Motion carried unanimously. After discussion, motion was made by Mayor Stormont and seconded by Commissioner Jones to approve the Islamorada District IV Marketing Plan in toto, subject to County Attorney's opinion to be rendered only where explicit selling of packages' expenditures are involved. Motion carried unanimously. Mayor Stormont discussed grant application proce- dures. After discussion, directions were given to the County Administrator to evaluate the grant application pro- cess. Commissioner Harvey advised the Board of the resignation of Virginia McMillan from the Library Board. Motion was made by Commissioner Harvey and seconded by Mayor Stormont to accept with regret the resignation of Virginia McMillan from the Library Board with an appropriate letter of appreciation and also to appoint Kermit Lewin to replace Ms. McMillan on the Library Board. Motion carried unani- mously. Commissioner Lytton discussed the Board's previous action on Robert Baggs' contract. Motion was made by Commissioner Lytton and seconded by Mayor Stormont to rescind the previous motion by the Board and substitute instead a thirty-day extension of the existing contract. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes No Yes Motion carried. Commissioner Harvey and the Board discussed fines levied for shipgrounding and the use of those funds. The matter was referred to the County Administrator for research. Commissioner Jones discussed the possible use of space being vacated in DePoo Hospital by HRS for the Health IT' 0087 Clinic. The matter was referred to the County Administrator. BULK APPROVALS Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve removal of the following stolen property from the inventory of the HRS-Monroe County Public Health Unit: Quasar TV/VCR Combo Sylvania Video Cassette Recorder Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Stormont to approve and authorize execution of a Contract For Sale And Purchase of a parcel of real property at Porpoise Point on Big Coppitt Key for the relocation of the Volunteer Fire Department. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve and authorize execution of a contract with Southern Services to haul septage from the County. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes Yes Yes Motion carried. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to adopt the following Resolution rescinding Resolution No. 423-1990 regarding unanticipated funds for an EMS Matching Grant with the notation that each District should be assured its appropriate return. Motion carried unanimously. RESOLUTION NO. 478-1990 See Res. Book No. 94 which is incorporated herein by reference. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to adopt the following Resolution rescinding Resolution No. 425-1990 regarding unanticipated funds for an EMS Matching Grant with the notation that each District should be assured its appropriate return. Motion carried unanimously. RESOLUTION NO. 479-1990 See Res. Book No. 94 which is incorporated herein by reference. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to adopt the following Resolution rescinding Resolution No. 424-1990 regarding unanticipated funds for an EMS Matching Grant with the notation that each District should be assured its appropriate return. Motion carried unanimously. RESOLUTION NO. 480-1990 See Res. Book No. 94 which is incorporated herein by reference. IT " 0088 Motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the following Resolution authorizing the submission of a grant application to the Clean Florida Commission for a litter prevention program. Motion carried unanimously. RESOLUTION NO. 481-1990 See Res. Book No. 94 which is incor?orated herein by reference. COUNTY ATTORNEY Randy Ludacer, County Attorney, discussed the reverter interests concerning the Key West International Airport property. He indicated that the interests now reside in a corporation named Key West Improvement, Inc. Mr. Ludacer discussed his conversations with the attorney for FEMA and the pending litigation concerning Big Pine Key and the Key Deer. The County Attorney also advised the Board of the current status of Monroe County's suit vs. the Department of Environmental Regulation concerning the trimming of mangroves at the Key West International Airport. He indi- cated that he had reached an agreement with the attorneys for DER which would allow the County to immediately begin to trim the mangroves. Mr. Ludacer also discussed an opinion concerning the recycling activity of private operations being credited to the County for compliance with the Solid Waste Law. He recommended that a contract be negotiated with the private o?erations which would require sufficient record-keeping in order to account for appro?riate credits. The County Attorney advised the Board that a Notice of Taking would be filed concerning the Crawl Key condemna- tion action. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to approve and authorize execution of a modified Tax Anticipation Warrant concerning the West Summerland television translator project. Motion carried unanimously. The County Attorney discussed a proposed settlement on foreclosure of certain waste liens in the case of Board of County Commissioners vs. Ronald and Patricia Ahwee. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to a??rove the proposed settlement agreement. Motion carried unanimously. MUNICIPAL SERVICE DISTRICT (WASTE) Charles Aguero, Director, advised the Board that he would be notifying septage haulers of the increase of the fee to 119 per gallon due to the approval of the septage contract by the Board earlier today. Mayor Stormont discussed the procedures for ter- mination of certain employees in the Municipal Service District and their future employment. No official action was taken. rr. 0089 Mr. Aguero discussed the alleged violation of the Long Key Landfill Consent Order No. 89-0466. Motion was made by Commissioner Harvey and seconded by Mayor Stormont authorizing the most appropriate official to discuss the proposed fine with the Department of Environmental Regulation and also the approval of the septage removal plan and authorizing the payment of the proposed fine if the matter cannot be resolved. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Code Enforcement Division Director Peter Horton and Bob Herman, Growth Management Division Director, addressed the Board regarding a draft plan for dealing with "undiscovered units" in the County. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to refer the proposal back to Mr. Horton with the approval in concept and with a report to come back to the Board. Motion carried unanimously. * * * * * 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 Eugene Lytton, John Stormont and Chairman Michael Puto. Absent from the meeting were Mickey Feiner and Hal Halenza. Bob Harris of Post Buckley Schuh & Jernigan and Fire Marshal Joe London addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to approve and authorize execution of a Termination of Contract between the Board of County Commissioners and M.A.P. Mechanical Contractors, Inc. con- cerning termination of the existing agreement for the installation of fire wells per unit prices in the contract. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to approve final payment (in the amount of $28,766.00> to M.A.P. Mechanical Contractors, Inc. for the installation of sixty-nine fire wells per unit prices in the contract. 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. * * * * * The Board of County Commissioners reconvened with all Commissioners present. SOUNDING BOARD Jim Mattson of the firm of Mattson & Tobin addressed the Board concerning certain fees. This matter TI, 0 090 was referred to Staff for review of the current fee struc- ture. Maurice Shackleford of Shackleford Construction Company addressed the Board regarding the City Electric emergency generator plant at Stock Island. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to issue a temporary certificate of occupancy while City Electric seeks a height variance, said variance to be obtained within a two-year time period. Motion carried una- nimously. DIVISION OF COMMUNITY SERVICES Airport Services Division Director Peter Horton, Bob Harris of Post Buckley Schuh & Jernigan, and County Administrator Tom Brown discussed payment of invoice in the amount of $2,536.05 to Gonzalez Architects for architectural services concerning the Federal Inspection Station, Key West International Airport, and a proposed Resolution concerning said payment. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to continue this matter for receipt of additional information. Motion carried unanimously. Code Enforcement Division Director Horton and MSD Director Aguero addressed the Board concerning a Draft Plan regarding ille- gal dumping in the County. After discussion, motion was made by Commissioner Jones and seconded by Mayor Stormont to hold in default any Franchisee who will not comply with the terms of the Franchise Agreement. Motion carried unani- mously. Roger Bernstein addressed the Board in support of the proposed plan. Mr. wilkinson of the Sheriff's Office also addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to adopt the "Draft Plan To Address Illegal Dumping In Monroe County" set out in Exhibit A attached hereto, adding the language "using any method that will generate revenues at the discretion of the Administrator". Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning the road aban- donment request by Koolangatta, Inc. for certain roads located in Matecumbe Beach Subdivision, Upper Matecumbe Key. Proof of oublication was entered into the record. Mayor Stormont discussed his communication with Attorney Nicholas Mulick requesting a continuation. Motion was made by Mayor Stormont and seconded by Commissioner Jones to continue to the December 13/14 meeting at the Tavernier Elks Club. Motion carried unanimously. 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 TI' 0091 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. Russ Teal addressed the Board. Motion was made by Mayor Stormont and seconded by Commissioner Puto to delete Section 2 of the proposed Ordinance and renumber accordingly. Motion carried unani- mously. Motion was made by Commissioner Puto and seconded by Mayor Stormont to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 028-1990 See Ord. Book No. 24 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Section 13-29, Monroe County Code, in order to extend the Television Translator District ad valorem tax in Monroe County for a period of ten fiscal years commencing in Fiscal Year 1992-1993; requiring that such tax shall be at a rate not to exceed one quarter mill on each dollar of assessed value of real property; providing that the tax shall not be effective in the municipalities until approved by the governing bodies thereof; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. The County Attorney read by title only. Commissioner Harvey discussed the proposed Ordinance. George Schroeder and Irene Bell addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to reduce the authorization period to five years from the expiration of the current Ordinance. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to adopt the following Ordinance as amended. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes Yes Yes No Motion carried. ORDINANCE NO. 029-1990 See Ord. Book No. 24 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance creating Section 6.3-12, Monroe County Code, in order to provide that County Code, Regulation or Ordinance violations must be commenced before the Monroe County Code Enforcement Board within four years of the initial occurrence if the violation was reasonably discoverable; providing for severa- bility; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. The County Attorney read by title only. Community Services Division Director Peter Horton addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to withdraw the proposed Ordinance. Motion carried unanimously. TI' 0092 A Public Hearing was held on a proposed Ordinance amending Section 2-214, Monroe County Code, with regard to the procedures of the Monroe County Personnel Policies and Procedures Review Board; amending Section 2-215, Monroe County Code, with regard to the selection and composition of the membership of the said Board; amending Section 2-217, Monroe County Code, with regard to the calling and timing of the meetings of the said Board; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. The County Attorney read by title only. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 030-1990 See Ord. Book No. 24 which is incorporated herein by reference. Mr. French, a member of the Key Colony Beach City Commission, addressed the Board. MISCELLANEOUS Motion was made by Commissioner Puto and seconded by Commissioner Jones to approve the allocation and transfer of Sheriff's Office contingency funds to the operating expenses account of the Sheriff's Budget. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution con- cerning receipt of unanticipated funds and amending the Fiscal Year 1990 Sheriff's Budget. Motion carried unani- mously. RESOLUTION NO. 482-1990 See Res. Book No. 94 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Report Division Director Bob Herman discussed traffic on Big Pine Key. Planning Department Mr. Herman addressed the Board concerning traffic studies and associated fees. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve Staff recommendation to adopt the following interim procedure: 1) Planning Department staff will review traffic studies submitted in accordance with Monroe County Land Development Regulation and DCA Rule 28-20.023; in addition staff will compile by area the number of trips generated by approved development; TI' 0093 2) Amend Resolution No. 345-1989 so as to suspend the established fee for traffic impact report review, and to establish a flat fee of $100 for any devlopment application that will generate more than 10 trips per day to offset the administrative cost of the review service; and, 3) The BOCC will consider this procedure once a traffic methodology is agreed by FDOT, DCA and Monroe County, and a concurrency management is in place. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve Staff recommendation to authorize the Growth Management Division to prepare a Request For Proposals to formulate and write a revised Impact Fee Ordinance and a Concurrency Management Ordinance. Motion carried unanimously. Buildinq Department Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to continue a proposed Resolution amending Resolution No. 333-1990 regarding building permit fees. Motion carried unanimously. Diane Bair, FEMA Coordinator, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution adopting a Floodplain Plan and signifying intent to participate in the National Flood Insurance Program's Community Rating System. Motion carried unanimously. RESOLUTION NO. 483-1990 See Res. Book No. 94 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Fire Marshal Motion was made by Mayor Stormont and seconded by Commissioner Lytton to- approve and authorize execution of Termination of Contract with M.A.P. Mechanical Contractors, Inc. concerning termination of an existing agreement for the installation of fire wells. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Lytton to approve the amount of $28,766.00 as Final Payment to M.A.P. Mechanical Contractors, Inc. for the installation of sixty-nine fire wells. Motion carried una- nimously. DIVISION OF PUBLIC WORKS Report Dent Pierce, Division Director, addressed the Board concerning the plaque for the Centennial Rededication of the Old Courthouse in Key West. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the Tr 0094 design of the plaque and authorize an additional $600.00 from Contingency. Motion carried unanimously. Consultinq Enqineer Bob Harris of Post Buckley Schuh & Jernigan discussed the Five-Year Plan of the Florida Department of Transportation, District Six. Mr. Harris also discussed a meeting to be held on October 15th and Commissioner Puto was directed by the Board to attend the meeting as a represen- tative of the Board of County Commissioners. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed the Marathon Offshore Power Boat Race scheduled for October 14th and the request to permit the use of an ambulance for the race. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to approve the use of an ambulance for the Marathon Offshore Power Boat Race. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No No Yes No Motion failed. The Administrator advised that he would be on vaca- tion on Friday, October 5th and Tuesday, October 9th, but would be in the area. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to approve the appointment of Joseph Thomp'son as the Veterans Affairs Director, contingent upon certification by the Florida Department of Veterans Affairs. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to appoint Commissioner Jones to the Dade County Task Force regarding the social service system. Motion carried unanimously. Mr. Brown discussed the new proposed site plan for the Marathon Regional Service Center. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to request the State to allow sufficient time for the County to accomplish its Facilities Study before making a decision. Roll call vote was made with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes No No No Motion failed. Motion was made by Mayor Stormont and seconded by Commissioner Jones to authorize an Emergency Operations Center at the facility at one-half of the size presented by the original concept. Roll call vote was taken with the following results: IT 0095 Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No No No Yes Motion failed. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to direct the County Administrator to contact the State to determine how the County would be affected by any delay and also requesting the County Administrator to present to the Board various alternatives for use of the facility. Roll call vote was unanimous. Mr. Brown advised the Board of a hearing on October 29th concerning the Administration Commission's pro- posed rulemaking to amend the boundaries of the Florida Keys Area of Critical State Concern and that he would be pre- senting an appropriate Resolution at the next meeting of the Board. The County Administrator advised that it would be necessary to obtain the Board's approval for the proposed site plan for the Marathon Regional Service Center. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to approve the proposed site plan for the Marathon Regional Service Center as presented. Motion carried unani- mously. Motion ''I7as made by Commissioner Lytton and seconded by Commissioner Puto to approve the Solid Waste Financing Plan as set out in the October 1st memorandum from Public Financial Management, Inc. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont No No Yes Yes Yes Motion carried. APPOINTMENTS Motion was made by Commissioner Puto and seconded by Commissioner Harvey to approve the following appointments to the Monroe County Fine Arts Council: Jerry Williams, Peter Rosasco, Jackie Cristini and Joel B. Day. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes Yes No Yes No Motion carried. The Board proceeded to make the following appoint- ments to the Solid Waste Commercial Rate Structure Committee: IT 1 0096 Mayor Stormont Commissioner Lytton Commissioner Jones Commissioner Harvey Commissioner Puto Mayor Stormont Commissioner Harvey Mark Sorensen Genevieve Isaacson Fred Sellers Bill Green Marvin Shindler Leonard Materese Clarence Keevan or Harry Silvers COUNTY ADMINISTRATOR --- Motion was made by Mayor Stormont and seconded by Commissioner Puto to adopt the following Resolution urging approval of the referendum on creating a Solid Waste Authority. Motion carried unanimously. RESOLUTION NO. 484-1990 See Res. Book No. 94 which is incorporated herein by reference. County Administrator Brown discussed improvements needed on the Card Sound Bridge facility and certain project financing alternatives and the need for a dedicated revenue source. Motion was made by Commissioner Lytton and seconded by Commissioner Puto authorizing the reservation of the 4~ gas tax, if ?assed on the November referendum, for Card Sound Bridge improvements. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Puto Mayor Stormont Yes No Yes Yes Yes Motion carried. Mayor Stormont discussed the planned 1991 Bond Issue for the jail facilities and the procedures that will be used for the issuance of the bonds. The County Administrator was directed to provide the Board with a sche- dule and description of the procedures to be used for the issuance of the 1991 Bond Issue. AWARD OF BIDS Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to accept Staff recommendation to award the bid concerning translator modifications at the Islamorada Translator Site to EMCEE Broadcast Products, Inc. in the amount of $342,027.64 (including Base Bid and Option #2), and approved and authorized execution of the Contract. Motion carried unanimously. Motion was made by Mayor Stormont and seconded by Commissioner Puto to grant approval for the continuance of the award of bid for the Stock Island Fire Hydrants. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Harvey to grant approval for the continuance of the award of bid for the Summer land Key Roads II Roadway Improvements Project. Motion carried unanimously. IT" 0097 TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve and authorize execution of an Agreement with Tinsley Advertising, Inc. Motion carried unanimously. Linda Stewart and Pinky Sands addressed the Board regarding the Bahama Village Goombay Festival. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to approve (as amended) and authorize execution of an Agreement (as amended) with Blue Heaven, Inc. Motion carried unanimously. MISCELLANEOUS Motion was made by Mayor Stormont and seconded by Commissioner Harvey to approve certain fee increases at the Department of Health and Rehabilitative Services, Monroe County Public Health Unit, as follows: Service Present Fee Proposed New Fee School Physical Exam $16 $24 Adult, Travel-Related Immunizations $10-$20 $15-$25 Diagnosis and Treatment of Sexually Transmitted Diseases, Excluding AIDS $10 $15 Pediatric, Well Baby, Screening and Referral $12 $18 Improved Pregnancy Out- come, Full Term Obstetrical Care $35/visit $1,200/full term Birth Certificates $4 and $8 $5 and $9 Death Certficiates $4 $5 Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * * DRAFT PLAN TO ADDRESS ILLEGAL DUMPING IN MONROE COUNTY All law enforcement and regulatory agencies in the County will pledge full cooperation and will adopt a proactive posture toward the control of illegal dumping of trash and debris on vacant property and right of ways. These agencies include but are not limited to: Monroe County Sheriff's Department Monroe County State Attorney's Office Monroe County Code Enforcement Monroe County Pollution Control Florida Marine Patrol Florida Dept. of Environmental Regulation Florida Game and Fish Commission National Wildlife Refuge The Sheriff's Dept. will take the following steps to help solve the problem, , A. Station and support three Deputies who will serve as Environmental Crimes Officers. One will serve each area of the Keys; Upper, Middle, and Lower. The major task of these Deputies will be to eliminate abandoned vehicles and control illegal dumping. B. Train all road Deputies to write notices to appear for misdemeanor cases when they witness the act of illegal dump- ing. C. Encourage all road Deputies to cooperate with their area's Environmental Crime Officer to report illegal dump sites. D. In felony cases, seize vehicles and equipment used in the commission of the crime of illegal dumping. Monroe County will take the following actions toward solving the problem: A. Adopt an educational program to inform it's MSD customers of what and how collection Franchisee will pick up (at no additional cost) their yard trash and bulk items. Also per- haps relive some restrictions on bundling some items. E X H ,13 I yo . 4 Itf' B. Establish a victim designation program. 1. The owner of vacant property who is illegally dumped upon can file a crime report with the Sheriff's Dept. to establish victim's status. Upon filing of this re- port, he would not be pursued by Code Enforcement. 2. The illegal dumping will be investigated by Code En- forcement and the Sheriff's Dept. If the perpetrator can not be found and prosecuted, the County will remove and dispose of the trash and debris. 3. Funds for this removal will come from Code Enforce- ment Board fines and foreclosure on Code Enforcement liens. It is estimated that the average cost of clean up will run between $1500. and $2500. Therefore, if this pilot program had an established budget of $250,000., one hundred to one hundred and fifty vacant lots belonging to victims could be cleaned up. C. The County will explore other funding 'sources to imple- ment the entire plan County wide. Potential sources of reve- nues include: 1. Conf~scated equipment and vehicles. 2. Solid waste impact fees. 3. Judicial fines. The Monroe County State Attorney's Office will support the plan in the following manner: A. vigorously prosecute illegal dumping cases with a high level of priority given to them. B. Adopt and encourage the judiciary to adopt minimum manda- tory fines and restitution (clean up of debris) in all ille- gal dumping cases. , I All other agencies of the Environmental Task Force pledge full cooperation and vigorous enforcement of illegal dumping laws in Monroe County.