11/01/1988 Regular
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169
Regular Meeting
Board of County Commissioners
Tuesday, November 1, 1988
Marathon
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the SubCourthouse in Marathon. Present and answering to
roll call were Commissioner William Freeman, Commissioner
Jerry Hernandez, Jr., Commissioner Michael Puto,
Commissioner John Stormont, and Mayor Eugene Lytton. Also
present were Danny L. Kolhage, Clerk1 Randy Ludacer, County
AttorneY1 Tom Brown, County Administrator1 County Staff1
members of the Press and Radio1 and the general public.
All stood for the Invocation and Pledge of
Allegiance to the Flag.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
Mayor Lytton discussed and read a Proclamation
claiming the month of November, 1988 as NATIONAL VETERANS
APPRECIATION MONTH and the week of November 6-12, 1988 as
VETERANS RECOGNITION AND APPRECIATION WEEK in Monroe County.
Motion was made by Mayor Lytton and seconded by
Commissioner Puto to adopt the following Resolution recom-
mending the adoption of a referendum providing for a waiver
of Florida Keys Aqueduct Authority impact fees for, among
others, affordable housing projects and non-profit organiza-
tions, and directing that a copy be sent to the Department
of Community Affairs. Motion carried unanimously.
RESOLUTION NO. 548-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Mayor Lytton and seconded by
Commissioner Freeman to adopt the following Resolution
recommending the passage on November 8, 1988 of State
Constitutional Amendment No. 4 permitting the sale of bonds.
Motion carried unanimoUSly.
RESOLUTION NO. 549-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Mayor Lytton and seconded by
Commissioner Freeman to adopt the following Resolution
concerning unfunded State mandates. Motion carried unani-
mously.
RESOLUTION NO. 550-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Mayor Lytton read a Proclamation which declared
November 10, 1988 as COLONEL FLOYD "JIMMY. THOMPSON DAY and
formally presented the Proclamation to Colonel Thompson, who
was present for the ceremony.
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Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to adopt the following
Resolution declaring November 1, 1988 as GREAT WHITE HERON
NATIONAL WILDLIFE REFUGE DAY. Motion carried unanimously.
RESOLUTION NO. 551-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Hernandez to adopt the following Resolution
declaring November 1, 1988 as JACK C. WATSON DAY. Motion
carried unanimously.
RESOLUTION NO. 552-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Commissioner Puto and Donald Craig, Assistant
County Administrator/Growth Management, discussed the Lower
Matecumbe Focal Point Plan. Motion was made by Commissioner
Hernandez and seconded by Commissioner Stormont to authorize
proceeding with a Lower Matecumbe Focal Point Plan, to be
paid from unanticipated funds in the Building, Planning,
Zoning Special District Fund. Roll call vote was unanimous.
Commissioner Puto discussed white goods. Charles
Aguero, MSD Manager, discussed the current procedure. After
discussion, motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to direct that Commissioner
Puto and MSD Manager Aguero are to work together on a policy
to dispose of white goods, the source of which is single-
family residences, regardless of who brings them to either
the Landfills or Sway-Cars. Motion was then made by
Commissioner Stormont and seconded by Commissioner Freeman
to propose an amendment to re-enforce the Board's previous
policy that the people will be served at both the Landfills
and the Sway-Cars and that the MSD will accept as proof of
payment of the waste bill either a cancelled check, sticker
or paid waste bill. Roll call vote on the amendment was
unanimous. Roll call vote on the original motion as amended
was unanimous.
Commissioner Puto discussed Agenda Items B-IO
through B-13 and commended Louis LaTorre, Social Services
Director, for the work he had done to gain more represen-
tation for Monroe County on the Area-Wide Agency on Aging.
Motion was made by Commissioner Puto and seconded
by Commissioner Stormont to adopt the following Resolution
authorizing the Mayor to execute an Agreement between Monroe
County and Health Council of South Florida, Inc. concerning
funds allocated to the Council so that it may respond to a
Request for Proposals for the purpose or organizing a new
Area-Wide Agency on Aging. Motion carried unanimously.
RESOLUTION NO. 553-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Hernandez to adopt the following Resolution
authorizing the Mayor/Chairman of the Board to approve and
execute Amendment Number Two of the Title III C-l Contract
between Monroe County and the United Way of Dade County,
Inc./Area Agency on Aging for Dade and Monroe Counties.
Motion carried unanimously.
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RESOLUTION NO. 554-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
authorizing the Mayor/Chairman of the Board to approve and
execute Amendment Number Two of the Title III C-2 Contract
between Monroe County and the United Way of Dade County,
Inc./Area Agency on Aging for Dade and Monroe Counties.
Motion carried unanimously.
RESOLUTION NO. 555-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
approving and authorizing the Mayor/Chairman of the Board to
execute a Contract by and between Monroe County and the Area
Agency on Aging for Dade and Monroe Counties/United Way of
Dade County, concerning Monroe County In-Home Services.
Motion carried unanimously.
RESOLUTION NO. 556-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to appoint Mike Zemon to the Port
Advisory Board to replace Gary Graves, who had resigned.
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Hernandez to adopt the following
Resolution authorizing the Mayor/Chairman to execute a Lease
by and between Monroe County and The National Council, Boy
Scouts of America, Inc. Motion carried unanimously.
RESOLUTION NO. 557-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to authorize travel for any
Commissioner for the commissioning of Coast Guard Cutter
"Key Largo" on December 1, 1988 in Savannah, Georgia.
Motion carried unanimously.
Mtoion was made by Mayor Lytton and seconded by
Commissioner Hernandez to approve Mayor Lytton's appointment
of John Scharch of Big Pine Key to the Planning Commission
to replace Michelle Keevan. Motion carried unanimously.
Motion was then made by Commissioner Hernandez and seconded
by Mayor Lytton to direct County Staff to proceed with
proper recognition of the contributions of Michelle Keevan's
service to the County. Motion carried unanimously.
Motion was made by Mayor Lytton and seconded by
Commissioner Freeman to adopt the following Resolution
requesting Congressman Dante Fascell to intercede on behalf
of the County to persuade the United States Postal
Authorities to abandon their plans for closing the postal
facility located at Sugarloaf Key. Motion carried unani-
mously.
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RESOLUTION NO. 558-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to appoint Commissioner puto, Robert
Walker, Sheila Derwin and Hank Mazaneck to the Health
Council of South Florida. Motion carried unanimous.
Commissioner Puto discussed the Key West World Cup
Race. Motion was made by Commissioner Puto and seconded by
Commissioner Hernandez to waive the ambulance fees to pro-
vide service to the Key West World Cup Race on November 8th,
10th and 12th.
Commissioner Puto discussed the Marathon Yacht Club
Sublease and the request to construct docks. Motion was
made by Commissioner Stormont to direct the County
Administrator to negotiate terms for an amendment to the
Lease with the Marathon Chamber of Commerce and Marathon
Yacht Club and the consideration for such an amendment.
Motion died for lack of a second. Motion was then made by
Commissioner Puto and seconded by Commissioner Hernandez to
proceed to authorize the addition of riparian rights as an
addendum to the Lease between the Marathon Chamber of
Commerce and the Marathon Yacht Club. Motion was made by
Commissioner Stormont to amend to authorize the County
Administrator to negotiate any other considerations that may
be required concerning the Lease. During discussion, the
motion was withdrawn. This matter was referred to
Commissioner Puto, the County Attorney and the County
Administrator and they were directed to meet with represen-
tatives of the Marathon Chamber of Commerce and the Marathon
Yacht Club and report back to the Board on November 15th.
Commissioner Puto offered comments concerning the
public service career of Commissioner Freeman, which career
has spanned thirty-two years: twenty-eight years as the
County's Supervisor of Elections and four years as a County
Commissioner. He indicated that this would be Commissioner
Freeman's last meeting and thanked him on behalf of the
other Board members for his dedicated public service.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Puto directing the County Administrator to have
a Plaque of Appreciation prepared for Commissioner Freeman
in recognition of his public service and directing the
County Attorney to prepare an appropriate Resolution of com-
mendation. Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to approve the following
items by unanimous consent:
Board approved payment of Monroe County Tourist Development
Council expenditures (Input Date 10/11/88) in the amount of
$124,935.10, subject to final invoice approval by the
Finance Department.
Board approved payment of Monroe County Tourist Development
Council expenditures (Input Date 10/17/88) in the amount of
$12,532.15, subject to final invoice approval by the Finance
Department.
Board adopted the following Resolutions transferring funds:
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RESOLUTION NO. 559-1988
RESOLUTION NO. 560-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds:
RESOLUTION NO. 561-1988
RESOLUTION NO. 562-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Board adopted the following Resolution amending Resolution
No. 532-1988 concerning the transfer of funds.
RESOLUTION NO. 563-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Board authorized payment to Lopez Funeral Home in the amount
of $485.00 for the Pauper Burial of an unidentified white
male.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Frank Manson for a 12,040 square foot enclosure below
commercial building under construction for retention of fill
under building on Government Lot 2, Marathon; Zoned SC and
MU - Suburban Commercial and Mixed Use; Coastal Flood Zone
A-13.
Board authorized payment of refund to Tracy Fairfield in the
amount of $40.00 for overpayment of building permit fee.
Board authorized payment of refund to Ryan Builders in the
amount of $500.00 inasmuch as payment was made for a minor
conditional use which will not be required.
Board authorized payment of refund to Richard G. Payne in
the amount of $250.00 for compliance with the requirements
of the Political Signs Permit.
Board adopted the following Resolutions concerning transfer
of funds:
RESOLUTION NO. 564-1988
RESOLUTION NO. 565-1988
See Res. Book No. 70 which is-rncorporated herein by
reference.
COUNTY ATTORNEY
Board adopted the following Resolution approving and
authorizing the Mayor/Chairman of the Board to execute an
Agreement by and between the Guidance Clinic of the Upper
Keys, Inc. and Monroe County concerning funding for Fiscal
Year 1988-89.
RESOLUTION NO. 566-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Board adopted the following Resolution approving and
authorizing the Mayor/Chairman of the Board to execute an
Agreement for Baker Act Matching Funds by and between the
Guidance Clinic of the Upper Keys, Inc. and Monroe County
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concerning funding for Fiscal Year 1988-89.
RESOLUTION NO. 567-1988
See Res. Book No. 70 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Airport Services
Board adopted the following Resolution approving and
authorizing the Mayor/Chairman of the Board to execute a
Joint Participation Agreement by and between the Florida
Department of Transportation and Monroe County pertaining to
the improvement of the Aircraft Apron at the Key West
International Airport.
RESOLUTION NO. 568-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Board adopted the following Resolution approving and
authorizing the Mayor/Chairman of the Board to execute a
Joint Participation Agreement by and between the Florida
Department of Transportation and Monroe County pertaining to
the construction of a Rotating Beacon and Tower at the Key
West International Airport.
RESOLUTION NO. 569-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Board adopted the following Resolution approving and
authorizing the Mayor/Chairman of the Board to execute a
Joint Participation Agreement by and between the Florida
Department of Transportation and Monroe County pertaining to
the construction of a Rotating Beacon and Tower at the
Marathon Airport.
RESOLUTION NO. 570-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Board adopted the following Resolution approving and
authorizing the Mayor/Chairman of the Board to execute an
Assignment of Lease by and between Warren A. Ortenblad and
Monroe County to Marathon Fuel Farm, Inc. concerning pro-
perty and aviation activities at the Marathon Airport.
RESOLUTION NO. 571-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing a Ten
Percent increase in annual rental fees for all future Sign
Lease Contracts for signs placed and displayed in the
Terminal Buildings of the Key West International and
Marathon Airports.
RESOLUTION NO. 572-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Library Services
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Agreement by and
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between the Key West Art and Historical Society and Monroe
County concerning the public exhibition and display of two
Mario Sanchez Wood Carvings at the East Martello Museum.
RESOLUTION NO. 573-1988
See Res. Book No. 70 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Board adopted the following Resolution rescinding Resolution
No. 522-1988 concerning a Rental Lease Agreement by and bet-
ween Monroe County and Modulaire Industries.
RESOLUTION NO. 574-1988
See Res. Book No. 70 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Board agreed to the proposed dates of January 25, 1989 and
February 17, 1989 for meetings tentatively scheduled in
Broward County regarding the Southeast Counties legislative
program.
Board granted permission to advertise for proposals to
operate the Snack Bar Concession at the Public Service
Building in Stock island.
DIVISION OF PUBLIC WORKS
Board granted permission to advertise for bids on two small
pick-up trucks for the Engineering Department.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. Floyd Pearson Richman Greer Weil Zack & Brumbaugh,
in the amount of $5,121.57, for professional
services re Monroe County, et al avs. New Port
Largo, Inc., et ale
2. Public Financial Management, Inc., in the amount
of $2,826.51, for financial advisory services
for consulting on retainer for period ending
9/15/88.
3. Morgan & Hendrick, in the amount of $2,165.00,
for professional services re New Port Largo.
4. Cohen, Dippell and Everist, in the amount of
$2,257.84, for professional services re
Translator System.
5. Post, Buckley, schuh & Jernigan, Inc., in the
amount of $19,130.96, for Road Invoice for the
month of September, 1988.
6. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $5,554.38 for Card Sound Road & Toll
District for September, 1988.
7. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $169.55, for Invoice f16 for
September re Third Floor Jail.
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8. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,202.31, for Invoice #16 for
September re Courthouse Annex.
9. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,133.01, for Invoice 114 for
September re Sheriff's Substation.
10. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,420.48, for Invoice 119 for
September re Higgs Beach Pier.
11. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $735.05, for Invoice #15 for
September re Higgs Beach Gun Mounts.
12. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $10,900.00, for Invoice 12 for
September re West Martello Tower/Joe Allen
Garden Center.
Board acknowledged the commendatory Resolution received
from The School Board of Monroe County regarding the
County's assumption of the financial responsibility for
school crossing guards.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Jeffrey J.
Elenewski, Ph.D., in the amount of $400.00: Richard
Hellmann, Ph.D., in the amount of $325.00: Guillermo D.
Marcovici, in the amount of $350.00.
COURT-APPOINTED ATTORNEYS, Jeff Hall, in the amount
of $3,422.48: Jeffrey B. Meyer, in the amount of $1,437.50:
Charles M. Milligan, in the amount of $350.00: T. Nicholas
Thomes, in the amount of $966.25.
OTHER EXPENSES, Harry L. Sawyer, Jr., in the amount
of $350.00: Louis J. Spallone, in the amount of $400.00:
State of Florida, in the amount of $284.00.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $785.20: Billee Jean Fase, in
the amount of $30.00: Kathleen Fagers, in the amount of
$231.60: Florida Keys Reporting, in the amount of $498.75:
Nichols & Hardy Court Reporters, in the amount of $204.60.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $365.00: Serafin Calero, in the amount of $15.00:
Maria Sardina, in the amount of $40.00.
EXPERT WITNESS FEES, Guillermo Marcovici, in the
amount of $1,230.00: Tanju T. Mishara, in the amount of
$850.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $1,399.79: Regular Witness Fees, in the amount of
$65.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, #96487-197435, in the amount
of $3,046,972.38.
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SUPPLEMENT TO GENERAL REVENUE FUND, #254-#255, in
the amount of $18,42~51. ----
FINE & FORFEITURE FUND, #755-#759, in the amount of
$19,419.5~ -
AIRPORT OPERATION ~ MAINTENANCE FUND, #491-#493, in
the amount of $14,039.66.
ROAD & BRIDGE FUND, #532-#533, in the amount of
$55,875.20:-- - ----
MSD TAX DISTRICT, #1174-'1175, in the amount of
$131,680.48. ---
MSD - MARINE BANK (Marathon), '456-#459, in the
amount of-s202,270.65.
MSD - PLEDGED FUNDS, #131, in the amount of
$30,000.00.
$830.94.
LAW LIBRARY FUND, #255-1256, in the amount of
CAPITAL PROJECTS FUND, 1320-1321, in the amount of
$35,641.51.
CARD SOUND BRIDGE FUND, 1249 and #251, in the
amount of-sa;852.09. ----
WORKERS COMPENSATION, '2682-#2691, in the amount of
$29,313.75.
TOURIST DEVELOPMENT COUNCIL, #537-1539, in the
amount of $70,986.19.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, #272-
#274, in the amount of $102,680.83.
TRANSLATOR FUND, #197-#198, in the amount of
$25,567.42.
003 COMMUNITY DEVELOPMENT BLOCK GRANT, 130-#32, in
the amount of $24,507.01.
001 RENTAL REHABILITATION PROGRAM, #07, in the
amount of~1,937.10.
503 RISK MANAGEMENT FUND, '11-'14, in the amount of
$101,309.55. ----
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, 1164-#165, in the amount of $124,460.93.
Board accepted the Sheriff's Report of Claims in Excess of
Costs for Quarter Ending 9/30/88 and check in the amount of
$3,500.00.
Board accepted Sheriff's Report of Forfeited Vehicles/
Vessels for Quarter Ending 9/30/88 pursuant to Florida
Statutes 932.704(5).
Board authorized removal of the following property from the
Clerk's inventory:
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ITEM
SERIAL NUMBER
IBM Selectric Typewriter
Sanyo Portable Cassette Recorder
National Cash Register Transformer
Bowen Recorder and Printer
w/Printing Plate
Posture Chairs
IBM Typewriter
Secretarial Chairs
Tilt-Back Posture Chairs
Posture Chairs
Royal Typewriter
victor Electronic Printing Calculator
Pitney-Bowes Postage Machine
National Rapidprint Time Recorder
Control Data Module
Business Chairs
Manchester Data Modules
Bowen Posting Tray Assembly
victor Calculator
Texas Instruments Calculator
Victor Calculator
Victor Calculator
Sanyo Calculator
IBM Typewriter
IBM Typewriter
victor Cash Register
Victor Cash Register
IBM Typewriter
IBM Typewriter
2321 F-l
2320-352
0205-7
2320 -30
2320-258/259
2320-260
2320-263/264
2320-295/296
2320-318/319
0100-157
2101-87
0202-79
0202-22
0205-22
0205-23/24
0205-20/21
2551-4A
0204-46
0202-161
0202-57
0201-17
0201-36
2320-396
2321A-75
2320-351
2320 -365
2320-337
2320-338
Board authorized the advertisement for bids on the following
property from the Clerk's inventory:
ITEM
SERIAL NUMBER
Centronics 702 Printer
Tab Decollator
NCR CRT LKWOIOl
NCR Accounting Machine w/Feeder
NCR CRT Computer & Keyboard
NCR CRT
Victor Electronic Register
Rapidprint Time Recorder
IBM Electronic Typewriter
Amano Date & Time Stamp
Reader Printer
Manchester Printers
Microfilm Processor
Microfilm Splicer
NCR CRT
NCR CRT
NCR Uni ts
0202-89
0202-18
0204-22/23
2551-2
0205-10
0202-99
2321B-13
0202-21
2320-323
0204-4
0203-35
0205-72/73
0203-5
0203-8
0202-63
0202-80
SN61-12181345 and
SN61-12181338
MISCELLANEOUS
Board adopted the following Resolution concerning filing of
Homestead Exemption Renewals.
RESOLUTION NO. 575-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion carried unanimously.
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BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to postpone the request from
the Court Executive to remove one NEC Printer from County
Inventory and put it out for bid. Motion carried unani-
mously.
Motion was made by Commissioner Stormont and
seconded by Mayor Lytton to remove the following items from
the inventory of the Central Services Department of the
Public Works Division inasmuch as they have been lost, sto-
len, disposed of or defective, with a caution concerning the
custody and care of County equipment and requesting the
County Administrator to establish a procedure:
Freon Leak Detector
Tool Box
Tool Cabinet
Fire Extinguisher
20-ton Jack w/Wheels
5-ton Jack Stands
Circular Saw
0901-015
0901-006
0901-13
0901-19A
0915-012
0915-037
0905-001
Motion carried unanimously.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, advised the Board
that DNR had rejected an offer to settle litigation between
the County and the State of Florida concerning property on
Long Key required for landfill expansion.
MUNICIPAL SERVICES DISTRICT (WASTE)
Charles Aguero, MSD Manager, discussed a proposal
from Waste Reduction Systems, Inc. for the disposal of
tires. He indicated that the total cost would be between
$30,000.00 and $50,000.00 to remove and dispose of tires at
the Landfills. Motion was made by Commissioner Hernandez
and seconded by Commissioner Freeman directing the MSD
Manager, the County Attorney and the proposed contractor to
prepare a contract for the purpose of disposal of tires at
the Monroe County Landfills and directing that the contract
be reviewed by the Purchasing Department prior to submission
to the Board. During discussion, motion was withdrawn.
Motion was then made by Commissioner Hernandez and seconded
by Commissioner Freeman to waive the requirements of the
County's Purchasing policies and Procedures relative to
Sealed Bids in relation to the purchase of services to
dispose of tires at the County Landfills. Roll call vote
was taken with the following results:
Commissioner Freeman
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
No
Yes
Motion carried with Commissioner Hernandez not present.
Motion was made by Mayor Lytton and seconded by Commissioner
Freeman to direct the MSD Manager, the County Attorney and
the proposed contractor to prepare a contract for the pur-
pose of disposal of tires at the Monroe County Landfills and
directing that the contract be reviewed by the Purchasing
Department prior to submission to the Board. Roll call vote
was unanimous with Commissioner Hernandez not present.
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Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize the MSD Manager to
negotiate the purchase of the land in Marathon that is
currently being leased from Mr. DeMaris. Roll call vote was
taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
Motion carried.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to grant permission to
advertise for the construction of a building, loading dock
and scales, subject to processing by the Purchasing
Department. Roll call vote was unanimous.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to grant permission to advertise for
a collection vehicle, subject to processing by the
Purchasing Department. Roll call vote was unanimous.
Motion was made by Commissioner Hernandez and ~
seconded by Commissioner Freeman to grant permission to
advertise for the purchase of equipment at containers and
recycling center, subject to processing by the Purchasing
Department. Roll call vote was unanimous.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution establishing a fee of $10.00 per ton for commer-
cial use of wood chips. Roll call vote was unanimous.
RESOLUTION NO. 576-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Mr. Aguero discussed the need for authority to sell
recyclable materials at market price without observing
bidding procedures. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to postpone
this matter to the next meeting and refer to Staff for
recommendation. Motion carried unanimously.
DIVISION OF COMMUNITY SERVICES
Report
Peter Horton, Assistant County Administrator,
advised the Board that the individual budgets of the Library
would be consolidated into one but that individual sta-
tistics could be obtained from the Library Departments.
Mr. Horton discussed a number of items on his
Agenda and the assistance he received from the Legal
Department and Office of Management and Budget with the pro-
cessing.
Airport Services
Motion was made by Commissioner Puto and seconded
by Commissioner Stormont to adopt the following Resolution
approving and authorizing the Mayor/Chairman of the Board to
execute an Assignment of Lease by and between Fixaire, Inc.
I
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and Monroe County to Keys Air, Inc. concerning leased pro-
perty and aviation activities at the Marathon Airport.
Motion carried unanimously.
RESOLUTION NO. 577-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Mr. Horton discussed a proposed Addendum to the
Keys Air, Inc. Lease Agreement pertaining to leasehold pro-
perty at the Marathon Airport. Earl Cheal requested the
Board to table this matter until the operation could be
brought into compliance with County Code. Bob Ernst
addressed the Board and opposed. A representative of Keys
Air, Inc. addressed the Board. Motion was made by
Commissioner Hernandez and seconded by Commissioner Freeman
to adopt the following Resolution approving and authorizing
the Mayor/Chairman of the Board to execute an Addendum to
the Keys Air, Inc. Lease Agreement concerning leasehold pro-
perty at the Marathon Airport, with the inclusion of
language that will make the Addendum effective upon
compliance with the provisions of the County Code.
RESOLUTION NO. 578-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
Motion carried.
Frank Greenman, representing Marathon Fuel Farm,
Inc., addressed the Board. Earl Cheal and Bob Ernst also
addressed the Board. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to adopt the
following Resolution authorizing the Mayor/Chairman of the
Board to execute an Agreement by and between Marathon Fuel
Farm, Inc. and Monroe County concerning a Fixed Base
Operation at the Marathon Airport, with the inclusion of
language that will make the Agreement effective upon
compliance with the provisions of the County Code. Roll
call vote was unanimous.
RESOLUTION NO. 579-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution authorizing the Mayor/Chairman of the Board to
execute an Addendum to the Airport Agreement between Diane
M. Herberle, d/b/a The Airport Gift Shop, and Monroe County
providing for the execution of Lessee's option to renew said
Lease Agreement for two additional years. Roll call vote
was unanimous.
RESOLUTION NO. 580-1988
See Res. Book No. 70 which is incorporated herein by
reference.
I
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Bob Ernst, Earl Cheal, Michael Chenoweth, and Chip
Irwin of Air Sunshine addressed the Board concerning a pro-
posed Lease Agreement between Monroe County and Air
Sunshine, Inc. pertaining to property and scheduled airline
activities at the Marathon Airport. Motion was made by
Commissioner Stormont and seconded by Commissioner Hernandez
to postpone for a report from Staff on November 15th.
Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution authorizing the Mayor/Chairman to execute a Lease
Agreement by and between Eastern Airlines, Inc. and Monroe
County concerning scheduled airline activities at the Key
West International Airport. Roll call vote was unanimous.
RESOLUTION NO. 581-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to grant permission to
advertise for bids for the leasehold of one existing
aircraft hangar. Roll call vote was unanimous.
Commissioner Hernandez requested the County Administrator to
advise Mr. Knight of the Board's action in this matter and
to send a copy of such advisement to the Board.
DIVISION OF GROWTH MANAGEMENT
Report
Donald Craig, Assistant County Administrator,
discussed the County's participation in the Community Rating
System sponsored by FEMA and the Federal Insurance
Administration.
Motion was made by Commissioner Puto and seconded
by Commissioner Stormont to adopt the following Resolution
authorizing the Mayor/Chairman of the Board to execute
Rental Lease Agreement No. 306280 and Addendum to Lease and
Rental Lease Agreement No. 306281 and Addendum to Lease by
and between Monroe County and Modulaire Industries for the
purpose of leasing trailers for temporary office space
during the remodeling of Wing III of the Public Service
Building on Stock Island. Motion carried unanimously.
RESOLUTION NO. 582-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Environmental Resources
Michael Chenoweth addressed the Board concerning a
proposed Amendment to the Dames and Moore Contract regarding
the North Key Largo Habitat Conservation Plan. Motion was
made by Commissioner Puto and seconded by Commissioner
Freeman to adopt the following Resolution approving and
authorizing the Mayor/Chairman of said Board to execute a
Contract Amendment to the scope of professional services set
forth in Article II of an Agreement For Consulting Services
by and between Monroe County and Dames and Moore dated
June 21, 1988.
RESOLUTION NO. 583-1988
See Res. Book No. 70 which is incorporated herein by
reference.
MM 1 83
Roll call vote was taken with the fOllowing results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
r~""."'"<.
Motion carried.
Dagny Johnson discussed the proposed Text Amendment
Hearing scheduled for November 10th. Bud Post addressed the
Board.
AWARD OF BIDS
The Board heard presentations from the following
firms regarding Correctional System Master Planning
Services:
Hansen Lind Meyer
The Institute for Law and Policy
Planning, Inc.
Rosser Fabrap International
Following the presentations, the Board proceeded to ballot
on the firms with the following results:
Hansen Lind Inst. for Law Rosser
Commissioner
Freeman 1 3 2
Commissioner
Hernandez 1 2 3
Commissioner
Puto 1 2 3
Commissioner
Stormont 2 1 3
Mayor Lytton 1 2 3
6 10 14
The Clerk advised the Board that Hansen Lind Meyer was the
successful firm with a total of six points. Motion was made
by Commissioner Puto and seconded by Commissioner Freeman to
authorize the Monroe County Citizens Jail Advisory and
Planning Commission to negotiate a contract with Hansen Lind
Meyer and to bring the contract back to the Board for appro-
val. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
establishing special assessments and service charges for
garbage collection rates for Residential and Commercial
collection service from January 1, 1989 through December 31,
1989; providing for severability; providing for repeal of
all Ordinances or parts of Ordinances in conflict herewith;
and providing an effective date. Proof of publication was
entered into the record. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to read by
MM 1 84
title only. Motion carried unanimously. The following per-
sons addressed the Board: Jack Coleman, Earl Cheal, Otto
Milldebrandt, Fred Tittle, James McElroy, Bob Ernst, Bill
Walton, Gene Parlrud, Prudence Fleming. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
continue to the November 15th meeting in Key West, at which
time Commissioner Stormont's proposed amendments to the
Ordinance would be considered. Roll call vote was unani-
mous.
A Public Hearing was held on a proposed Ordinance
repealing Sections 9.5-23, 9.5-24(h), 9.5-531, 9.5-532,
Monroe County Code, and Section 15-104, Monroe County Land
Development Regulations (tentatively codified as Section
9.5-534, Monroe County Code); creating Chapter 20, Monroe
County Code, in order to provide for the creation of a
Department of Code Enforcement within the Division of
Community Services for the enforcement of, inter alia, Land
Development Regulations, including Sign and Zoning Codes,
Waste Disposal Ordinances, Occupational License Ordinances,
Fire and Building Codes, and the Comprehensive Land Use
Plan; creating a Code Enforcement Board under the grant of
authority contained in Chapter 162, Laws of Florida; pro-
viding for the appointment of members to the Board and the
qualifications therefor; providing for the selection of a
Board Chairman; providing for a Board quorum; providing that
Board members shall serve without compensation but shall be
reimbursed for expenses; providing that the County Attorney
shall determine whether his office shall represent the
Department or the Code Enforcement Board; providing for
Counsel independent of the County Attorney's Office to
advise the Board; providing for a procedure to initiate pro-
ceedings before the Board; providing for the conduct of
hearings; providing that all hearings shall be held in Key
Colony Beach or Marathon unless otherwise specified by the
Code Enforcement Board Chairman or the Director of Code
Enforcement; providing for Findings of Fact and Orders of
the Board; providing for the powers of the Code Enforcement
Board; providing for administrative fines, liens on real or
personal property based on such fines and for the foreclo-
sure of the liens; providing for appellate review of Final
Orders of the Code Enforcement Board by aggrieved parties to
Circuit Court; providing for procedures for the provision of
notice as required by this Ordinance; providing that Chapter
162, Laws of Florida, shall control over any'inconsistent
provisions in this Ordinance; providing that Code Inspectors
designated by a Resolution of the Board of County
Commissioners of Monroe County may issue violation citations
for disposition in County Court as authorized by Chapter
76-435, Laws of Florida; providing that any decision to
proceed under Chapter 76-435, Laws of Florida, is discre-
tionary with the Inspector and the Director; providing for
forms for use in utilizing Chapter 76-435, Laws of Florida;
providing that nothing in this Ordinance shall be construed
as amending Chapter 76-435, Laws of Florida; providing that
nothing in this Ordinance shall prevent Monroe County from
enforcing its Codes by any lawfully available method; pro-
viding for severability; providing for repeal of Ordinances
in conflict herwith; providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective
date. Proof of publication was entered into the record.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously with Commissioner Hernandez not present. The
following persons addressed the Board: Vern Pokorski, Earl
Cheal, Fred Tittle, and Bob Ernst of the Florida Keys
Citizens Coaliition. Motion was made by Commissioner
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185
Hernandez and seconded by Commissioner Stormont to adopt the
following Ordinance. Motion was made by Commissioner
Stormont to amend the proposed Ordinance on Page 9 thereof
by changing Paragraph a) of Section 20-11 to read as
follows:
"a) Those Monroe County Code Inspectors
designated by a Resolution of the Board of
County Commissioners shall, appropriately
according to the policy of the Board of
County Commissioners, have authority to
issue citations for violations of the
Monroe County Codes for disposition in
County Court as provided for in Chapter
76-435, Laws of Florida."
and delete Subparagraph b) and appropriately re-letter the
remaining Subparagraphs. The amendment was accepted by the
maker and became part of the original motion. Roll call
vote was unanimous.
ORDINANCE NO. 051-1988
See Ord. Book No. 19 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
amending Ordinance No. 008-1988, creating the Upper Keys
Health Care Taxing District, as amended by Ordinance No.
041-1988, in order to create Subsection 5(e) of Section 6 to
provide that, regardless of the percentage of Subsections
5(a)-(c) of Section 6, first year funds of the District may
be transferred to the County's General Fund up to an amount
equal to the amount expended by the General Fund on behalf
of patients whose cases would constitute a proper expen-
diture of District funds under Subsection 4 of Section 6 and
which arose within the area of the Upper Keys Health Care
District and providing that first year District funds may be
transferred, without regard to Subsections 5(a)-(c) of
Section 6, to the General Fund up to an amount equal to the
amount expended by the General Fund in retiring any Tax
Anticipation Certificates if the Certificate proceeds were
expended on patients whose cases would constitute the proper
expenditure of District funds under Subsection 4 of Section
6 and which cases arose within the area of the Upper Keys
Health Care District; providing for severability; providing
for the repeal of all Ordinances inconsistent herewith; pro-
viding for incorporation into the Monroe County Code; and
providing for an effective date. Proof of publication was
entered into the record. Motion was made by Commissioner
Hernandez and seconded by Commissioner Puto to read by title
only. Motion carried unanimously. There was no public
input. Motion was made by Commissioner Puto and seconded by
Commissioner Stormont to adopt the following Ordinance.
Roll call vote was unanimous.
ORDINANCE NO. 052-1988
See Ord. Book No. 19 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
amending Monroe County Code Sec. 2-12(1) by revising regula-
tory jurisdiction of Key West International Airport; pro-
viding for severability; providing for repeal of all
Ordinances or parts thereof in conflict herewith; providing
for inclusion in the Monroe County Code; and providing an
effective date. Proof of publication was entered into the
record. Motion was made by Commissioner Puto and seconded
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lR6
by Commissioner Freeman to read by title only. Motion
carried unanimously. Motion was made by Commissioner Puto
and seconded by Commissioner Freeman to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 053-1988
See Ord. Book No. 19 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Mark Rosasco, President of Rosasco Construction,
Inc., addressed the Board concerning his request for a
Change Order to increase the amount of his contract for the
construction of the Sheriff's Substation on Cudjoe Key. The
County Administrator recommended that the request be denied.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Freeman to postpone. Motion carried unani-
mously.
DIVISION OF COMMUNITY SERVICES
Library Services
Alice Skinger, Chairman of the Monroe County
Library Advisory Board, addressed the Board concerning the
proposal to publicly sell the Mario Sanchez Wood Carvings
currently in the possession of the Library for the purpose
of providing funds to begin construction of a Children's
Wing at the Main Library in Key West. The Board indicated
that it was their desire to keep the Sanchez Wood Carvings
and that they be allowed to be put on display as they had
previously approved at Martello Towers. Motion was made by
Commissioner Hernandez and seconded by Commissioner Puto
instructing the County Administrator that it is the Board's
intent to provide the funding for the purpose of beginnig
the construction of the Children's Wing at the Main Library
in Key West, either out of 1988-89 funding or in the 1989-90
Budget. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Boundary Determination
Donald Craig, Assistant County Administrator,
addressed the Board. Motion was made by Commissioner
Hernandez and seconded by Commissioner Puto to approve the
revised recommendation of the Planning Department and adopt
the following Resolution confirming the Administrative
Boundary Interpretation of the Planning Director in Land Use
District Map Boundary Interpretation Number 14, Crains
Subdivision, Lots 3-8, Block 55. Bill Schwicker addressed
the Board. Motion carried unanimously.
RESOLUTION NO. 584-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Consent Agenda
Motion was made by Commissioner Stormont and
seconded by Commissioner Hernandez to approve Monroe County
Mosquite Control Hangar's Major Conditional Use Development
Order issued by the Planning Commission on September 29,
1988, without conditions. Motion carried unanimously with
Mayor Lytton not present.
\
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187
Plat Approval
Motion was made by Commissioner Hernandez and
seconded by Commissioner Stormont to adopt the following
Resolution directing the Clerk of the Circuit Court of
Monroe County to record in the Official Records a Revised
Amended Plat of the Shark Key Subdivision. Motion carried
unanimously.
RESOLUTION NO. 585-1988
See Res. Book No. 70 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Report
James paros, Assistant County Administrator,
discussed the change-over concerning Channel 10 on the
Translator System and advised that it was now in very satis-
factory working order.
Mr. Paros also discussed the need for two appoint-
ments to the Translator Advisory Board and the fact that the
Ordinance required them to be associated with the television
installation and repair industry. Motion was made by
Commissioner Hernandez and seconded by Commissioner Freeman
requesting that James Paros make recommendations for
appointments to the Translator Advisory Board. Motion
carried unanimously.
Fire and Rescue
Stephan Travis addressed the Board. Motion was
made by Commissioner Stormont and seconded by Commissioner
Freeman to adopt the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Agreement by and
between the State of Florida Department of Community Affairs
and Monroe County concerning the development of the
Hazardous Materials (Title III) Plan. Motion carried unani-
mously.
RESOLUTION NO. 586-1988
See Res. Book No. 70 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Report
Dent Pierce, Assistant County Administrator,
discussed a letter received from the Florida Department of
Transportation concerning needs for repairs to the Access
Ramp to Pigeon Key. Motion was made by Commissioner Freeman
and seconded by Commissioner Hernandez authorizing the
Consulting Engineers to prepare a cost estimate of the
necessary work. Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution authorizing the Mayor/Chairman of the Board to
execute an Agreement between the Board of County
Commissioners of Monroe County and Universal Beach Service
Corp. concerning services for Higgs Beach. Motion carried
unanimously.
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RESOLUTION NO. 587-1988
See Res. Book No. 70 which is incorporated herein by
reference.
Engineering
Mr. Pierce recommended approval of proposed Change
Order No. 1 to Contract with Hewett-Kier Construction, Inc.
for the Renovation of the First Floor Courthouse Annex
Building in Key West as set out in letter dated October 10th
from Post, Buckley, Schuh & Jernigan, Inc. less Items #2 and
#3. Motion was made by Commissioner Freeman and seconded by
Commissioner Puto to approve the proposed Change Order No. 1
pursuant to Mr. Pierce's recommendation to exclude Items #2
and #3, for a total amount of $8,933.63 for the Change
Order plus twenty-five calendar days. Motion carried unani-
mously. Mr. Pierce advised that he had received a bid from
Hansen & Bringle for the construction of the counters for
the Clerk's area at a cost of $3,840.00.
Mr. Pierce discussed proposed Change Order No. 3
to Contract with Gomez Construction Company for the
Completion of Interior Finishing for Third Floor of the Jail
Addition at Jackson Square in Key West as set out in letter
dated October 11th from Post, Buckley, Schuh & Jernigan,
Inc. and recommended approval less Items #14 and #18.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Freeman to approve the proposed Change Order
No. 3 pursuant to Mr. Pierce's recommendation to exclude
Items #14 and #18, for a total amount of $23,003.50 for the
Change Order plus sixty-six calendar days. Motion carried
unanimously.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, discussed the
Order from Judge Hoover placing a cap of two hundred twenty
inmates in the County Jail.
COUNTY CLERK
Motion was made by Mayor Lytton and seconded by
Commissioner Freeman to accept the Annual Reports of the
Clerk and the Sheriff for Fiscal Year 1987-88. Motion
carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to authorize the transfer of
any additional excess fees from the Sheriff to the Capital
Improvements Fund. Motion carried unanimously.
AWARD OF BIDS
The Board was advised of receipt of the following
bids for Installation of Daybeacons to mark Tavernier Ocean
Shores, Key Largo:
Frank Keevan & Son, Inc.
Rodgers Drilling Service, Inc.
$ 4,970.00
$ 10,000.00
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to accept the recommendation of Staff
to award to the low bidder, Frank Keevan & Son, Inc., in the
amount of $4,970.00. Motion carried unanimously.
The Board was advised of receipt of the following
bids for Installation of Daybeacons to mark Bow Channel,
MM
189
Cudjoe Key:
Frank Keevan & Son, Inc.
Rodgers Drilling Service, Inc.
$ 19,770.00
$ 35,084.00
Motion was made by Commissioner Freeman and seconded by
Commissioner Hernandez to accept the recommendation of Staff
-- to award to the low bidder, Frank Keevan & Son, Inc., in the
amount of $19,770.00. Motion carried unanimously.
The Board was advised of receipt of the following
bids for Installation of Daybeacons to mark Michelle's Cut,
Big Coppitt Key:
Frank Keevan & Son, Inc.
Rodgers Drilling Service, Inc.
$ 9,870.00
$ 17,542.00
Motion was made by Commissioner Stormont and seconded by
Commissioner Hernandez to accept the recommendation of Staff
and continue to the next meeting. Motion carried unani-
mously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Hernandez to adjourn the meeting.
Motion carried unanimously.
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