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11/01/1988 Regular MM 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. MM 170 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. MM 1 7 1 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. MM 172 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: MM 1 73 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 MM 174 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 MM 1 75 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. MM 176 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. MM 1 77 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: MM 1 78 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. MM 179 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. MM 180 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 \ MM 1 8 1 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 MM 182 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 MM 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 MM 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. \ MM 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. MM lR8 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. * * * * * ~