12/20/1988 Regular
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Regular Meeting
Board of County Commissioners
Tuesday, December 20, 1988
Key Colony Beach
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the City Hall in Key Colony Beach. Present and answering
to roll call were Commissioner Wilhelmina Harvey,
Commissioner Douglas Jones, Commissioner Eugene Lytton,
Commissioner John Stormont, and Mayor Michael Puto. Also
present were Danny L. Kolhage, Clerk1 Randy Ludacer, County
Attorney 1 Tom Brown, County Administrator1 County Staff1
members of the Press and R_adio1 and the general public.
All stood for the Invocation and the Pledge of
Allegiance.
Mayor Puto asked for a Point of Personal Privilege.
He then presented a plague to Eugene Lytton in appreciation
of his service as former Mayor of Monroe County.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
Mayor Puto discussed his memorandum to the Board
concerning Boards and Committees and asked that the
Commissioners review the information therein. Commissioner
Lytton advised the Board that he had been recently elected
as a Congressional Legislative Delegate from the South
Florida Regional Planning Council to the National
Association of Regional Planning Councils, and, therefore,
he would not be able to devote time to his other appoint-
ments to the National Association of Counties and the
Florida Association of Counties. He suggested that
Commissioner Stormont be appointed to these two organiza-
tions. At Commissioner Lytton's request, Mayor Puto
appointed Commissioner Stormont to the National Association
of Counties and the Florida Association of Counties'
Administration Committee to replace Commissioner Lytton.
Motion was made by Mayor Puto and seconded by
Commissioner Lytton to appoint Mike Bier to the Planning
Commission. Motion carried unanimously.
Mayor "Mickey" Feiner addressed the Board con-
cerning the proposed RFP for the Tourist Development
Council's Administrative and Mail Fulfillment Contracts. In
discussing the proposed RFP, the following recommendations
were made:
l. That the advertisement be amended to remove the
m1n1mum requirement listed and to add that in the
Specifications.
2. In Item i5 in the Administrative Contract
information, delete the words "no less than five employees"
and add "current staff consists of five employees".
3. To add a reference to the County Purchasing
Policies and Procedures Manual and to amend the
Specifications to provide that copies of the Procedural and
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Purchasing policies and Procedures Manual could be obtained
from the County Administrator's Office.
4. To amend the ad for the Mail Fulfillment
Proposal, to delete the minimum qualifications listed in the
ad and to place it in the Specifications.
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to remove the reference to "equipment"
in Line 6 of the information concerning the. Administrative
Contract and to add in Line 5 the words "to the Board of
County Commissioners. ".~Mqt.ipp ,c~Fried unanLmpusly. ~l1e
Board discussed the salaries and benefits of employees of
the Contractor. Moti9n was ,made by Commissioner Jones and
seconded by Commissioner Lytton to include a requirement
that the employees be -paid a minimum of $6.00 per hour with
benefits of 30% of the base salary which can be paid either
in benefits or additional compensation. Roll call vote was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
Yes
Yes
Yes
Motion carried. Motion was made by Commissioner Stormont to
amend the RFP to add the words "as approved by the Board of
County Commissioners" after a reference to Tourist
Development Council policies. Motion died for lack of a
second. Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to amend the Information
Sheet on the Proposal for the Mail Fulfillment Contr~ct to
provide that "full public information policy" would 'be
applied to the requests for names and addresses in tl1.e com-
puter and deleting the reference to the means by which that
information would be provided. Motion carried unanimously.
Motion was then made by Commissioner Lytton and seconded by
Mayor Puto to approve the RFP ,as amended. Motion carried
unanimously. . .
COUNTY ADMINISTRATOR
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve the Bond required
to be posted for the Sheriff. Motion carried unanimously.
COMMISSIONERS' ITEMS
Dave Ringeman of the Grace Jones Day Care Center
addressed the Board and req~ested the County's assistance in
the amount of $lO,OOO.OO to aid in the funding of the opera-
tions of the Grace Jones Day Care Center in the current
year. Motion was made by Commissioner Stormont and seconded
by Commissioner Jones to ear-mark $lO,OOO.OO from the pro-
ceeds of the sale of the Cudjoe Key lots to provide for
funding to the Grace Jones Day Care Center, subject to
approval of the County Attorney. Commissioner Jones pro-
posed an amendment' to provide $8,000.00 from the proceeds of
the sale of the Cudjoe Key lots and the remaining $2,000.00
from the Board's Contingency. Roll call vote was unanimous.
Henry Naubereit, Translator Consultant, addressed
the Board concerning the procurement of a 19" Color
Television Receiver to facilitate the monitoring of the
County's Key West TranslatQr. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
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approve the request. During discussion, motion was made by
Commissioner Stormont to amend to provide for the monitoring
of each Translator Tower in a similar fashion. Motion died
for lack of a second. Roll call vote on the original motion
was taken with the following results:
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Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Yes
Motion carried. Motion was then made by Commissioner
stormont to place a monitor in the Plantation Key Sheriff's
Substation to monitor the Islamorada Translator. Motion
died for lack of a second.
Commissioner Jones discussed the possible acquisi-
tion of Truman School from the School Board and Truman
School's use as a County facility. He addressed the report
of Post, Buckley, Schuh & Jernigan concerning the amount of
funding necessary to bring the building up to Code. He
asked that this matter be referred to the Capital
Improvements Workshop for consideration and that the Staff
prepare comparisons on the cost savings that might be
realized by utilizing this facility.
Commissioner Jones discussed the necessity of
obtaining permit fees for the replacement of sheds and the
$250.00 fine that applies in this case. Donald Craig,
Assistant County Administrator/Growth Management, addressed
the Board concerning the matter. This item was referred to
Staff to work with Commissioner Harvey to come up with some
proposed solutions to this problem.
Commissioner Jones discussed the appointment of an
ad hoc Blue Ribbon Committee for Budget Review. He
suggested that the County advertise and solicit resumes from
qualified persons interested in serving on this committee
which would make recommendations to the Board. Motion was
made by Commissioner Jones and seconded by Commissioner
Harvey to approve Commissioner Jones' proposal. Motion
carried unanimously.
The Board entered into a discussion regarding con-
sideration of the Upper Keys Health Care Taxing District's
Critical Patient Care Agreement with Baptist Hospital.
Mayor "Mickey" Feiner of Key Colony Beach discussed the
necessity of calling for bids for this service in accordance
with the Board's policies and Procedures. Mrs. Alison
Fahrer, Chairman of the Upper Keys Health Care District,
addressed the Board and indicated that the Contract was for
a six-month period and recommended its adoption. Motion was
made by Commissioner Lytton and seconded by Commissioner
Jones to waive the requirements of the Purchasing Policies
and Procedures. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
Yes
No
Motion carried. Motion was than made by Commissioner
Stormont and seconded by Commissioner Harvey to adopt the
following Resolution approving and authorizing execution of
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the Upper Keys Health Care Taxing District's Critical
Patient Care Agreement with Baptist Hospital. Roll call
vote was unanimous.
RESOLUTION NO. 673-l988
See Res. Book No. 72 which is incorporated herein by
reference.
The Board recessed for lunch.
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The Board reconvened with all Commissioners
present.
COMMISSIONERS' ITEMS
Commissioner Stormont discussed his appointment to
the Tourist Development Council, Mr. Neil Boyce, and his
qualifications. Mayor Feiner addressed the Board and intro-
duced for the record a letter from Mr. Boyce's employer,
Harriet Stokes, Owner of the Largo Lodge Motel. The letter
indicated that Mr. Boyce was the General Manager of the
Largo Lodge Motel. Motion was made by Commissioner Stormont
to appoint Laurie Scanlon as an owner-operator under the
provisions of the Florida Statutes. During discussion, the
County Attorney ruled that before any appointment could be
made, the Board must first determine that a vacancy exists
and rule on the evidence concerning Mr. Boyce's qualifica-
tions to serve under the Statute. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
acknowledge that the evidence provided by Mr. Boyce
indicated that he is qualified to serve and that no vacancy
exists. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Yes
Motion carried.
Commissioner Stormont discussed the Board's pre-
viously adopted policy concerning the payment of tipping
fees at the landfills. Commissioner Stormont advised that
the MSD Staff is currently putting the procedure into place
as previously directed by the Board and that letters had
been mailed to all of the regular users of the landfills and
users were given the alternative of making payment at the
time of dumping or establishing an appropriate deposit
account. Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to reaffirm the Board's pre-
vious action on April 4, 1986 that directed MSD Director
Aguero to develop a "deposit" plan for the purpose of
charging monthly tipping fees to regular users of the dumps.
Roll call vote was unanimous.
The Board indicated that all of the Agenda Items
for the Municipal Service District (Waste) would be con-
tinued until the next meeting due to the absence of Charles
Aguero, MSD Manager, who was on vacation and Jim Baker, who
had had a death in the family.
Commissioner Stormont discussed the commissioning
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of the U. S. Coast Guard Cutter KEY LARGO and made a presen-
tation of a photograph and plaque.
SOUNDING BOARD
Earl Cheal addressed the Board and requested that
they reconsider their previous selection of an attorney to
represent the Code Enforcement Board. Mr. Nelson, Chairman
of the Code Enforcement Board1 Linda Jensen, member of the
Code Enforcement Board1 and Bob Ernst of the Florida Keys
Citizens Coalition addressed the Board and requested that
they reconsider their action. Motion was made by
Commissioner Jones and seconded by Commissioner Lytton to
reconsider the appointment of the Code Enforcement Board's
attorney. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
Yes
Yes
Yes
Motion carried. Motion was made by Commissioner Stormont to
accept the recommendation of the Code Enforcement Board to
employ David Kirwan as attorney to that Board. During
discussion, motion was withdrawn. Motion was then made by
Commissioner Stormont and seconded by Commissioner Jones to
reconsider the Board's previous action in ranking the pro-
posed candidates. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
Yes
Yes
Yes
Motion carried. Motion was made by Commissioner Stormont
and seconded by Commissioner Jones to rescind the Board's
ranking of the proposed candidates for attorney to the Code
Enforcement Board. Roll call vote was taken with the
following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
Yes
Yes
Yes
Motion carried. Motion was made by Commissioner stormont
and seconded by Commissioner Jones to accept the recommen-
dation of the Code Enforcement Board and employ David Kirwan
as attorney to that Board. Roll call vote was unanimous.
BOCC POLICY ISSUES
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to approve Policy Statement
No. OOl regarding the appointments of individual County
Commissioners to various Boards and Committees. Roll call
vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to approve Policy Statement
No. 002 regarding appointments of members of the public to
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various Boards and Committees. Roll call vote was unani-
mous.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to approve POlicy statement and
Directive No. 003 to County Administrator and departments
utilizing volunteer services as a means of decreasing budge-
tary expenditures and requirements for the performance of
County services. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Lytton discussed the imminent designa-
tion of the Florida Keys as Barrier Islands. He requested
the County Administrator to confirm from the Department of
Interior their proposed action in regard to this matter.
DIVISION OF GROWTH MANAGEMENT
Refund Requests
Pastor Luis Lopez of Faith Baptist Temple in
Marathon addressed the Board regarding his request for
$372.00 paid for a Building Permit fee for the installation
of roof shingles. Randy Ludacer, County Attorney, ruled
that the request was not qualified under the current
Ordinance. Motion was made by Commissioner Jones and
seconded by Commissioner Lytton to deny the request for
refund and recommended that Staff prepare possible changes
to the Ordinance in order to allow this type of refund.
Roll call vote was unanimous.
Discussion
Don Craig, Assistant County Administrator1 Fred
Tittle, attorney 1 and M. Seligman of Ocean Reef addressed
the Board concerning the proposed settlement regarding the
Dispatch Creek flushing canal permit application. Motion
was made by Commissioner Lytton and seconded by Commissioner
Harvey to approve the stipulated settlement concerning
Dispatch Creek, contingent upon the mutual acceptance by
both parties of Staff recommendations. Motion carried una-
nimously. Motion was then made by Commissioner Stormont and
seconded by Commissioner Lytton to refer this matter back to
the Planning Commission for a re-hearing and consideration
of the mitigation actions. Motion carried unanimously.
SOUNDING BOARD
Bob Ernst addressed the Board concerning shredded
material loading by the Municipal Service District/Pollution
Control and indicated that it might be best to continue this
item due to the absence of Messrs. Aguero and Baker. During
discussion, the Board directed the County Administrator to
communicate with the MSD Staff and advise them that it was
the intent of the Board that the County Staff assist in the
loading of the mulch material onto private vehicles and that
the Board understood and accepted the corresponding liabi-
lity associated with those actions. Frank Ostrander
addressed the Board.
COMMISSIONERS' ITEMS
Commissioner Harvey discussed a request from C & M
Electronics concerning the use of the Translator Tower
System for their paging business. The Clerk read a letter
regarding this request. This matter was referred to the
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County Administrator for review and the establishment of
County policy concerning the use of those facilities.
Commissioner Harvey briefly discussed the Postal
Service's actions concerning the Sugarloaf Key Post Office.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve travel for the new
County Commissioners to a Workshop for New Commissioners in
Tallahassee on January llth and l2th. Roll call vote was
taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Stormont
Mayor Puto
Yes
No
Yes
Yes
Motion carried with Commissioner Lytton not present.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve the following
items by unanimous consent:
Board approved request of Lifesong, Inc. to use Harry Harris
Park on February ll, 1989 from l:OO to 7:00 p.m.
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
RESOLUTION NO. 674-l988
RESOLUTION NO. 675-l988
RESOLUTION NO. 676-l988
RESOLUTION NO. 677-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning transfer
of funds.
RESOLUTION NO. 678-l988
RESOLUTION NO. 679-l988
RESOLUTION NO. 680-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Board approved payment of Tourist Development Council expen-
ditures (Input Range ll/29/88 to l2/l/88) in the amount of
$ll7,825.64, subject to final invoice approval by the
Finance Department.
Board approved payment of Tourist Development Council expen-
ditures (Input Range l2/5/88 to l2/l2/88) in the amount of
$l5,553.42, subject to final invoice approval by the Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures (Input Date l2/l2/88) in the amount of $5l,677.42,
subject to final invoice approval by the Finance Department.
Board approved payment of Tourist Development Council expen-
ditures (Input Date l2/l2/88) in the amount of $37.24, sub-
ject to final invoice approval by the Finance Department.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
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of Ernest H. Bryant, Jr. to repair an existing 728 square
foot enclosure for storage and parking only with break-away
Code compliance below the single-family residence on Lot 7,
Block 19, Jolly Roger Estates, Little Torch KeY1 Zoned IS -
Improved Subdivision1 Coastal Flood Zone V-l2, Panel l5l9C.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Howard L. and V. Maxine Holland for the placement of a
200 square foot shed at grade, valued under $5,000.00, for
storage only, on Lots 9 and lO, Block 2, Doctors Arm, Big
Pine KeY1 Zoned IS - Improved Subdivision1 Coastal Flood
Zone V-l2, Panel l528D.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Harold V. Spruill for a 339 square foot enclosure for
storage and parking only below the single-family residence
on Lot l53, Port Antigua, Lower Matecumbe KeY1 Zoned IS -
Improved Subdivision1 Coastal Flood Zone V-l7.
Board authorized payment of refundable bond of $250.00 to
J. Allison DeFoor II for removal of political signs.
Board authorized payment of refundable bond of $250.00 to
Lee G. Ganim for removal of pOlitical signs.
Board authorized payment of refundable bond of $250.00 to A.
J. Henriquez for removal of political signs.
Board authorized payment of refundable bond of $250.00 to
Merili McCoy for removal of political signs.
Board authorized payment of refundable bond of $250.00 to
Lawrence Meggs for removal of political signs.
Board authorized payment of refundable bond of $250.00 to
Mary K. Reich for removal of political signs.
Board authorized payment of refundable bond of $250.00 to
Harry L. Sawyer, Jr. for removal of political signs.
Board authorized payment of refundable bond of $250.00 to
Franklin D. Hernandez for removal of political signs.
COUNTY ATTORNEY
Board adopted the following Resolution requesting the Board
of Trustees of the Internal Improvement Fund to issue Monroe
County a lease for a period of thirty years on certain pro-
perty upon which the Key Largo Volunteer Fire and Rescue
Department has located its facility.
RESOLUTION NO. 68l-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Board adopted the following Resolution requesting the
Department of Transportation of the State of Florida to con-
vey and deed over, to Monroe County a portion of State Road
4A that is situate in Marathon and belongs to the Department
of Transportation of the State of Florida.
RESOLUTION NO. 682-l988
See Res. Book No. 72 which is-rncorporated herein by
reference.
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DIVISION OF COMMUNITY SERVICES
Extension Service
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute Florida Boating
Improvement Program Development Project Agreement Contract
No. C-5689 between the State of Florida Department of
Natural Resources and the County of Monroe concerning the
project known as Summerland Key and Kemp Channel Markers
Repairs.
RESOLUTION NO. 683-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Social Services
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Agreement between
the Board of County Commissioners and the united Way of.Dade
County/Area Agency on Aging for Dade and Monroe Counties
concerning the Community Care for the Elderly Program (CCE).
RESOLUTION NO. 684-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Board granted approval to execute an Agreement (Contract
i89-4-878, USDA) with United Way/Area Agency on Aging for
Dade and Monroe Counties and the Monroe County Nutrition
Program for Fiscal Year lO/l/88 through 9/30/89.
Board granted approval to execute Assignment of Contract No.
88-5-902 between United Way/Area Agency on Aging for Dade
and Monroe Counties and Helpline, Incorporated to the Monroe
County Board of County Commissioners/In-Home Services.
DIVISION OF GROWTH MANAGEMENT
Vested Rights
Board adopted the following Resolution accepting and
adopting the Report and Order concerning the Vested Rights
Hearing of Jay Glynn.
RESOLUTION NO. 685-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Board adopted the following Resolution accepting and
adopting the Findings of Fact, Conclusions of Law and Order
concerning the Vested Rights Hearing of Key Colony Beach
Club, Inc./John and Ralph Smith.
RESOLUTION NO. 686-l988
See Res. Book No. 72 which is-rncorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Data Processing
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Contract by and
between Prompt Courier Service and Monroe County concerning
courier delivery service.
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RESOLUTION NO. 687-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Personnel
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Agreement to Pro-
vide Medical Services between the Board of County
Commissioners and Ollie M. Smithwick, M.D.
RESOLUTION NO. 688-l988
See Res. Book No. 72 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Emergency Medical Services
Board adopted the following Resolution authorizing the
Emergency Medical Services Department to collect $5.00 per
ambulance run sheet to cover the reproduction and mailing
costs incurred by the Department in providing said ambulance
run sheets.
RESOLUTION NO. 689-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Board rescinded its previous authorization to purchase hand-
held portable radios and accessories from General Electric
Company and granted authorization to purchase hand-held por-
table radios and accessories from Motorola Communications
and Electronics, Inc. in the amount of $26,7l6.92.
Board approved the purchase of a 1989 Chevrolet Station
Wagon, with all required options, through Florida State
Contract, from Jack Wilson Chevrolet-Buick, Inc. of st.
Augustine, Florida, at a cost of $l2,993.5l.
Board adopted the following Resolution accepting the award
of Emergency Medical Services (EMS) Matching Grant No. LPN33
in the amount of $ll7,298.50 and authorizing the Mayor to
execute the EMS Matching Grant Agreement and the Request for
Matching Grant Distribution.
RESOLUTION NO. 690-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Board granted approval to advertise for competitive bids for
the remount, refurbishment and modifications to five Type
III Monroe County Ambulances.
Civil Defense
Board approved and authorized execution of a Rental
Agreement between Monroe County Civil Defense and
Telautograph Corporation for an Omnifax G36D Facsimile
Machine for use by Civil Defense in their radiological
emergency preparedness (Turkey Point Nuclear Plant) opera-
tions.
DIVISION OF PUBLIC WORKS
Board adopted the following Resolution authorizing the
Public Works Department to obtain handicapped parking signs
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and offer them for sale at cost to the public.
RESOLUTION NO. 69l-l988
See Res. Book No. 72 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
l. Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A., in the amount of
$97.92, for professional services through
ll/28/88.
2. Rosenman & Colin, in the amount of $6,2l5.l3,
for professional services rendered re the
Translator System.
3. Post, Buckley, Schuh & Jernigan, Inc., in
the amount of $528.33, for General Capital
Projects for the month of October, 1988.
4. Public Financial Management, Inc., in the
amount of $2,80l.70, for Financial Advisory
Services for period ending ll/l5/88.
5. Public Financial Management, Inc., in the
amount of $2,64l.42, for Financial Advisory
Services for period ending lO/l5/88.
6. Monroe County Office Supply, in the amount
of $5l.30, for Certificate Lettering.
7. Curry & Sons printing, in the amount of
$350.00, for Conch Certificates.
8. Donald Craig, in the amount of $759.70,
for travel reimbursement for June through
October, 1988.
9. Floyd, Pearson, Richman, Greer, Weil, Zack &
Brumbaugh, in the amount of $3,325.28, for
professional services re New Port Largo v.
Proby, et ale
lO. Taylor, Brion, Buker & Greene, in the
amount of $36.00, for professional services
re Tom Pennekamp, et al vs. Proby, Wolfe &
Craig.
ll. Taylor, Brion, Buker & Greene, in the
amount of $424.59, for professional services
re Tom Pennekamp, et al v. Proby, Wolfe &
Craig.
l2. Post, Buckley, Schuh & Jernigan, Inc., in
the amount of $7,030.28, in payment of the
Road Invoice for the month of October, 1988.
l3. H.T.E., in the amount of $lO,500.00, for
Plan Tracking System for Planning & Zoning.
l4. Divoll Construction, in the amount of
$l7,220.60, as Final Payment for remodeling
of Wing III.
l5. Winifred Sheridan Smallwood, in the amount
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of $2,l20.00, for professional services
rendered lO/lO/88 through ll/30/88 re Code
Enforcement.
l6. Victor N. DeCario & Associates, Inc., in the
amount of $2,640.30, for professional services
rendered lO/l/88 through lO/3l/88 re Monroe
County GIS.
l7. victor N. DeCario & Associates, Inc., in the
amount of $l,269.53, for professional services
rendered ll/l/88 through ll/30/88 re Monroe
County GIS.
l8. WPS Development, Inc., in the amount of
$l,584.00, for Infoter license fee.
19. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2l3.ll, in payment of Invoice tl9
re Plantation Key Waste Water Plant.
20. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,402.70, in payment of Invoice il7
re First Floor Courthouse Annex.
2l. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,073.2l, in payment of Invoice ilS
re Sheriff's Substation.
22. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,308.43, in payment of Invoice i20
re Higgs Beach Pier.
23. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $532.3S, in payment of Invoice il6
re Higgs Beach Gun Mounts.
Board approved an Administrative Order concerning upper
level management hiring policy.
Board confirmed appointment of Edward B. Barger, Jr. as
Director of Department of Veterans Affairs.
Board approved the following Regular Meeting Schedule for
January through June, 1989:
January 3, 1989
January l7, 1989
February 7, 1989
February 2l, 1989
March 7, 1989
March 2l, 1989
April 4, 1989
April l8, 1989
May 2, 1989
May l6, 1989
June 6, 1989
June 20, 1989
Key West Lions Club
Tavernier Elks Club
Key Colony Beach City Hall
Key West Courtroom "B"
Plantation Key Govt. Ctr.
Key Colony Beach City Hall
Key West Courtroom "B"
Tavernier Elks Club
Marathon SubCourthouse
Key West Courtroom "B"
Plantation Key Govt. Ctr.
Key Colony Beach City Hall
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo
D. Marcovici, M.D., Tn the amount of $3S0.001 Mental Health
Care Clinic of the Lower Keys, in the amount of $300.00;
Tanju T. Mishara, Ph.D., in the amount of $550.00.
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COURT-APPOINTED ATTORNEYS, Roberta S. Fine, in the
amount of $350.001 Arthur E. Huttoe, in the amount of
$2,788.851 William Kuypers, in the amount of $4,2l7.601
Henry Lee Morgenstern, in the amount of $47.501 Barry J.
Siegel, in the amount of $745.00.
OTHER EXPENSES, P. D. R. Security Services, in the
amount of $l,l63.751 Louis J. Spallone, Clerk, in the amount
of $300.001 State of Florida, in the amount of $344.00.
COURT REPORTER SERVICES, A. J. Reporting Services,
in the amount of $4,444.001 Associated Court Reporters, in
the amount of $450.251 Jack Besoner and Associates, in the
amount of $l40.001 Kathleen A. Fegers, in the amount of
$35l.001 Florida Keys Reporting, in the amount of $l,246.251
Nancy J. Maleske, in the amount of $3,499.501 State of
Florida, in the amount of $40.00.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $390.001 Serafin Calero, in the amount of $35.001
Humberto Jimenez, in the amount of $45.001 Marie Penot, in
the amount of $65.001 Joe Sulivera, in the amount of $55.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $l,887.771 Regular Witness Fees, in the amount of
$lOO.OO.
Board approved the following Warrants:
GENERAL REVENUE FUND, 199375-ilOOOl4, in the amount
of $3,028,036.55. ----
SUPPLEMENT TO GENERAL REVENUE FUND, i260-i26l, in
the amount of $79,923:80.
FINE & FORFEITURE FUND, 1772-i777, in the amount of
$l,379,l65.00.-
AIRPORT OPERATION & MAINTENANCE FUND, 1500-'50l, in
the amount of $37,625.20.
ROAD & BRIDGE FUND, i538-i539, in the amount of
$l38,l96.~ - ----
MSD TAX DISTRICT, ill88-'ll92, void tll9l, in the
amount of~63,293.83.
MSD - MARINE BANK (Marathon), 1465-1466, in the
amount of-s!43,20l.70.
MSD - PLEDGED FUNDS, Il35-il36, in the amount of
$450,000.00.
LAW LIBRARY FUND, i26l-#262, void i260, in the
amount of-s205.l4. ----
CAPITAL PROJECTS FUND, i328-133l, in the amount of
$222,683.52. ----
CARD SOUND BRIDGE FUND, i255-#258, void i257, in
the amount of $26,434.48. ----
WORKERS COMPENSATION, i27l4-#2723, in the amount of
$37,322.25.
TOURIST DEVELOPMENT COUNCIL, 1545-#547, void i548,
in the amount of $l27,9l7.l0.
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MONROE COUNTY SELF-INSURED GROUP INSURANCE, i28l-
i283, in the amount of $l89,400.l9.
TRANSLATOR FUND, 1203-'204, in the amount of
$l8,335.85.
OOl RENTAL REHABILITATION PROGRAM, ill-tl3, void
il2, in the amount of $72,729.00.
003 COMMUNITY DEVELOPMENT BLOCK GRANT, 136, in the
amount of-s497.3l.
503 RISK MANAGEMENT FUND, tl8-tl9, in the amount of
$lO,054.6S:- ----
7l6-7l7 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, tl69-tl70, in the amount of $309,672.28.
722 MONROE COUNTY UPPER KEYS TRAUMA DISTRICT,
tOl-t02, in the amount of $6,924.~
Board approved Minutes of the following meetings:
November lst, November l5th, November 22nd.
Board approved and authorized execution of Acceptance of
Bond in the sum of $2,000.00 for Commissioner Jones.
Board approved and authorized execution of Acceptance of
Bond in the sum of $2,000.00 for Commissioner Stormont.
Board approved and authorized execution of Acceptance of
Bond for Harry F. Knight, Tax Collector.
Board approved and authorized execution of Acceptance of
Bond for Ervin Higgs, Property Appraiser.
Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve, per Staff con-
ditions and recommendations, the Application for Variance to
the Flood Hazard Ordinance of Mr. and Mrs. Simone Bologna
and Geno Bologna for a 2400 square foot enclosure for
storage, parking and retention of fill below the building
under construction on Lot 2, Block 4, Lida, Marathon 1 Zoned
SC - Suburban Commercial1 Coastal Flood Zone A-l3, Panel
l58lC. Motion carried unanimously.
The Regular Meeting of the Board of County
Commissioners recessed for a meeting of the Beach Authority.
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A meeting of the Beach Authority convened with all
members present.
Randy Moore, Chairman of the Beach Authority
Advisory Board, addressed the Board. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
adopt the following Resolution accepting the recommendations
made by the District Il Beach Advisory Board in their
Resolutions dated November l5, 1988. Motion carried unani-
mously.
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RESOLUTION NO. 005-l988
See Res. Book No. 1 which is incorporated herein by
reference.
The meeting of the Beach Authority adjourned.
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The Regular Meeting of the Board of County
Commissioners reconvened with all Commissioners present.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, discussed a new
proposed Settlement Agreement with the Department of
Community Affairs concerning the Big pine Key Access Road.
After discussion, motion was made by Commissioner Lytton and
seconded by Commissioner Jones to reject the proposed
Agreement. Motion carried unanimously. Mr. Ludacer recom-
mended to the Board that he be authorized to file a
suggestion of disqualification of Secretary Tom Pelham under
the provisions of the Administrative Procedures Act due to
Mr. Pelham's several public statements which indicate a pre-
conceived opinion on the outcome of this issue. Motion was
made by Commissioner Lytton and seconded by Commissioner
Harvey to accept the recommendation of the County Attorney
and direct the filing of the appropriate legal documents.
Motion carried unanimously.
The Board continued to the next meeting a a pro-
posed Resolution regarding a Consent to Lease between the
Board of Trustees of the Internal Improvement Trust Fund and
Ron Lewis for a portion of bay bottom.
DIVISION OF GROWTH MANAGEMENT
Boundary Determinations
Don Craig, Assistant County Administrator,
addressed the Board and recommended denial of the proposed
Boundary Determination No. 22 for Lots 8 and lO, Section ll,
Township 6lS, Range 39E, MM l03.5, Key Largo. Freddie
Castro then spoke to the Board and requested approval.
Motion was made by Commissioner Jones and seconded by
Commissioner Harvey to postpone this matter to January 3rd,
pending receipt of further information concerning the atti-
tude of the surrounding neighbors. Roll call vote was taken
with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
Yes
No
Yes
Motion carried.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, discussed nego-
tiations with the Marathon Yacht Club concerning a lease for
bay bottom property adjacent to the facility. He advised
that Staff research indicated an average lease rate of
$lOO,OOO.OO per acre. He also advised the Board that the
Yacht Club had agreed to a proposal whereby the bay bottom
would be leased for approximately $l,300.00 per year, which
is the approximate ad valorem proceeds to the County should
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the land become taxable. Bob Ernst, Earl Cheal, and Richard
Morretti (adjacent property owner) addressed the Board con-
cerning this matter and opposed the proposed lease. Larry
Albritton, a member of the Yacht Club and attorney repre-
senting the Yacht Club, addresed the Board. The County
Administrator discussed the pending potential of County
acquisition of the adjacent property to expand the proposed
Government Complex area in Marathon. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
refer this matter back to Staff for further negotiations.
Roll call vote was unanimous.
COUNTY ATTORNEY
Commissioner Jones and the County Attorney
discussed the need for an Amendatory Ordinance that will
allow the County to potentially assume the responsibilities
for the operation of the Tourist Development Council office.
Motion was made by Commissioner Jones and seconded by
Commissioner Stormont to direct the County Attorney to pre-
pare and advertise amendments to the TDC Ordinance which
would authorize the County to operate the TDC office.
Motion carried unanimously with Commissioner Lytton not pre-
sent.
DIVISION OF COMMUNITY SERVICES
Report
Peter Horton, Assistant County Administrator,
advised the Board that David Kirwan had been contacted and
had accepted the appointment as attorney to the Code
Enforcement Board and further advised that he would serve on
an interim basis at the rate of $l25.00 per hour until a
contract could be approved.
Mr. Horton advised that the previously proposed
funding cuts to the Transportation and Nutrition Programs
had been restored.
A proposed Resolution regarding an Addendum to the
Rental Car Concession Agreement with Sundance Carriage
Corp., d/b/a Dollar Rent A Car of Key West, was continued to
the next meeting.
A proposed Resolution regarding an Agreement with
Greenleaves for maintenance and groundskeeping at the Key
West International Airport was withdrawn.
The Board discussed a possible Ordinance which
would authorize certain Administrative Staff members to exe-
cute contracts. This matter was referred to the County
Administrator.
Extension Service
Jeff Fisher, Extension Service Director, discussed
the pending Boating Improvement Projects and the extended
permitting procedure that was now being imposed upon the
County.
DIVISION OF GROWTH MANAGEMENT
Report
Don Craig, Assistant County Administrator, advised
the Board that a proposed Ordinance concerning the prohibi-
tion of the use of phosphates was currently being drafted.
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Mr. Craig also advised the Board that a manual con-
cerning the Land Use Plan was now available.
Boundary Determinations
Motion was made by Commissioner Jones and seconded
by Commissioner stormont to adopt the following Resolution
confirming the Administrative Boundary Interpretation of the
Planning Director in Land Use District Map Boundary
Interpretation Number l8, Stratton's Subdivision, Block 4,
Lots l2 and l3. Motion carried unanimously.
RESOLUTION NO. 692-l988
See Res. Book No. 72 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded
by Commissioner Stormont to adopt the following Resolution
amending Resolution No. 584-l988 which confirmed the
Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number l4, Crains Subdivision, Lots 3 - 8, Block 55, in
order to correct a clerical error. Motion carried unani-
mously.
RESOLUTION NO. 693-l988
See Res. Book No. 72 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Report
Joe London, representing Assistant County
Administrator Reggie Paros who was on vacation, advised the
Board that Mr. Paros had been appointed to the HRS Emergency
Medical Services Technical Advisory Panel.
Fire and Rescue
Steve Travis addressed the Board concerning a pro-
posed lease of a vehicle for the Fire-Rescue Director.
After discussion, this matter was referred to the County
Administrator for a report back in two weeks.
DIVISION OF PUBLIC WORKS
Report
Dent Pierce, Assistant County Administrator,
advised the Board that Spanish Main Drive at Cudjoe Key was
currently under construction and that the final inspection
on Venetian Shores Boulevard would be done shortly.
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
discussed a model Purchasing Ordinance.
Facilities Maintenance
Ron Binns, Director of Facilities Maintenance,
addressed the Board concerning certain Custodial Maintenance
Contracts. Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to approve the invoices to
Ace Building Maintenance, Executive Building ,Services, and
C & C Cleaning for these services retroactive to October and
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064
for an additional ninety days which would allow for the
completion of the necessary bid procedures. Motion carried
unanimously.
Central Services
Motion was made by Commissioner Harvey and seconded
by Commissioner Lytton to adopt the following Resolution
autorizing the Mayor/Chairman of the Board to execute a
Garment Rental Agreement between ARA/Neway Uniform Supply,
Inc. and Monroe County pertaining to uniforms for Public
Works and Municipal Service District employees. Motion
carried unanimously.
RESOLUTION NO. 694-l988
See Res. Book No. 72 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, advised that he
and other County officials would be attending a meeting on
Jail Facilities in Colorado on January 9th through January
l3th and that, in his absence, Peter Horton would be Acting
Administrator.
Mr. Brown advised that the Board's application for
a Grant to the Robert Wood Foundation concerning AIDS was
disapproved.
Mr. Brown advised the Board that Assistant County
Administrator R. Michael Managan had resigned for personal
reasons, effective January 30, 1989.
The County Administrator briefly discussed possible
dates for Fiscal Policy and Capital Improvement Workshops in
January of 1989.
Mr. Brown advised the Board that the Jail Advisory
Committee had recommended that a Resolution be forwarded
requesting the Federal Government to provide all excess pro-
perty in Monroe County to the County for potential use for
jail facilities and other County purposes. Motion was made
by Commissioner Harvey and seconded by Commissioner Lytton
to adopt the following Resolution requesting all Federal and
State Agencies who hold title to surplus property in Monroe
County to convey said property to the County for potential
use for jail facilities, parks and landfill sites. Motion
carried unanimously.
RESOLUTION NO. 695-l988
See Res. Book No. 72 which is incorporated herein by
reference.
The County Administrator discussed the missile site
in North Key Largo as a possible site for a jailor
stockade. Motion was made by Commissioner Jones and
seconded by Mayor Puto to adopt the following Resolution
requesting the Deprtment of Natural Resources to convey to
Monroe County the old Army H-40 Hercules Nike Missile Site
in Upper Key Largo for use by the County for jail facili-
ties. Motion carried unanimously.
RESOLUTION NO. 696-l988
See Res. Book No. 72 which is-rncorporated herein by
reference.
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Motion was made by Commissioner Harvey and seconded
by Commissioner Stormont to grant December 23rd from Noon to
5:00 p.m. as an additional holiday period for all County
offices. Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to approve the adjustment of salaries
of the County Animal Control personnel. Motion carried una-
nimously.
The Board entered into a discussion concerning the
prioritization of Legislative action items.
Mr. Brown indicated that an appraisal had been done
on the Marathon FKAA property and that the property would
probably be available at an approximate cost of $325,000.00.
Bob Ernst addressed the Board concerning the under utiliza-
tion of other County property in Marathon. Motion was made
by Commissioner Jones and seconded by Commissioner Stormont
to direct the County Administrator to proceed with nego-
tiations with the Florida Keys Aqueduct Authority. Motion
carried unanimously.
The County Administrator discussed proposed imple-
mentation of an Employee Sick Leave Pool. Motion was made
by Commissioner Harvey and seconded by Commissioner Jones to
approve in concept. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to reconsider the Board's previous
action approving an Administrative Order concerning the
upper level management hiring policy in the Bulk motion.
Motion carried unanimously. After discussion, motion was
made by Commissioner Jones and seconded by Commissioner
Harvey to deny the proposed Administrative Order. Roll call
vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
No
No
No
Motion failed. Motion was then made by Commissioner Stor-
mont and seconded by Commissioner Lytton to approve the
Administrative Order concerning the upper level management
hiring policy. Roll call vote was taken with the following
results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
No
Yes
Yes
Yes
Motion carried.
Commissioner Jones discussed the resignation of
Assistant County Administrator R. Michael Managan. Motion
was made by Commissioner Jones and seconded by Commissioner
Harvey to not fill the position vacated by R. Michael
Managan and to delete the position. After discussion,
roll call vote was taken with the following results:
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e66
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
Yes
No
No
No
Motion failed.
AWARD OF BIDS
--
The Board was advised of receipt of the following
bids for the 1989 Nutrition Program Meal Delivery:
G. A. Food Services
St. Petersburg, FL
Frozen meals to all sites
$3.00
$3.25
$3.45
$2.22
Island Catering
Key West, FL
Frozen meals to all sites
Bulk hot meals to Key West
Bulk hot meals to Big pine
Motion was made by Commissioner Lytton and seconded by
Commissioner Harvey to accept Staff recommendation to award
the bid to G. A. Food Services, Inc. in the amount of $2.22
per meal. Motion carried unanimously.
The Board was advised that only one bid had been
received for Operation of the Snack Bar in the Public
Service Building. Motion was made by Commissioner Lytton
and seconded by Commissioner Stormont to accept Staff recom-
mendation to award the bid to Bob Williams and Suzette
Williams of Island Catering and authorize the County
Attorney to draw up an appropriate contract. Motion carried
unanimously.
The Board was advised that only one bid had been
received for three Compact Pick-up Trucks (two for
Engineering and one for Parks & Beaches). Motion was made
by Commissioner Lytton and seconded by Commissioner Jones to
accept Staff recommendation to award the bid to Bob Chango,
Inc. in the amount of $9,593.00. Motion carried unani-
mously.
The Board was advised of receipt of only one bid
for a One-Ton Chassis Cab. Motion was made by Commissioner
Lytton and seconded by Commissioner Harvey to accept Staff
recommendation to award the bid to Bob Chango, Inc. in the
amount of $l5,379.00. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to accept Staff recommendation and
award the following bids on Surplus Property:
1980 Ford
Cargo Trailer
1980 Dodge Pick-up
1981 Pontiac
1979 Ford Van
1972 Truck
1965 Ford Van
Marcos Jiminez
Paul Magee
Joe Perez
Helio Gonzalez
Frank Velasquez
Jones Brothers, Inc.
Kevin Sanders
$350.00
$ 50.00
$ 20.00
$2l0.00
$llO.OO
$ ll.OO
$ 50.00
Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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