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02/07/1989 Regular NN 100 Regular Meeting Board of County Commissioners Tuesday, February 7, 1989 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 City Hall in Key Colony Beach. Present and answering to roll call were Commissioner Douglas Jones, Commissioner Wilhelmina Harvey, Commissioner Eugene Lytton, Commissioner John Stormont, and Mayor Michael Puto. Also present were Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Pledge of Allegiance and Invocation. COMMISSIONERS' ITEMS Mayor Emeritus Wilhelmina Harvey presented William "Bill" Smith with an Honorary Conch Certificate. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS AND DIVISION OF MANAGEMENT SERVICES Grants Management Paul Wick, Grants Manager, and Mary Sukup of Little Torch Key discussed the process of aeration of canals. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Resolution authorizing the submission of a Grant Application to the Florida Department of Environmental Regulation under the Coastal Management Program and directing the execution of same by the proper County authorities. Motion carried una- nimously. RESOLUTION NO. 056-1989 See Res. Book No. 74 which is incorporated herein by reference. Bob Ernst addressed the Board concerning the SWIM program managed by the South Florida Water Management District. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to direct the County Administrator and the Grants Manager to apply to the South Florida Water Management District for funding under the SWIM program. Motion carried unanimously. Mayor Puto discussed the establishment of a marine sanctuary. Motion was made by Mayor Puto and seconded by Commissioner Jones to adopt the following Resolution proclaiming the establishment of the Marathon Marine Sanctuary. Motion carried unanimously. RESOLUTION NO. 057-1989 See Res. Book No. 74 which is incorporated herein by reference. Commissioner Stormont discussed suggested wording for requesting an Attorney General's Opinion regarding the NN 101. usage process of Tourist Development Council funds. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to continue to the next meeting. Motion carried unanimously. Mayor Puto discussed the need and feasibility for designating a place where surplus plants and trees could be stored for use in other areas. This matter was referred to Ron Binns, Public Facilities Maintenance Director. Mayor Puto discussed the Florida Legislative Conference and the conflict with the Land Use Plan meetings regarding Text and Map Amendments. He advised that this was one of the most important legislative meetings of the year and felt it necessary to attend. Motion was made by Commissioner Lytton and seconded by Mayor Puto to approve travel to the Florida Legislative Conference in st. Petersburg in February. Motion carried unanimously. Mayor Puto discussed the Fire Safety Survey Report issued by the County Fire Marshall concerning the Monroe County Clerk's Office space and the need for corrective action. This matter and the survey regarding automatic fire extinguishing systems for the computer rooms were referred to the County Administrator for Staff review and presen- tation of costs and alternatives to solve the violations. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt, as amended, the following Resolution amending Resolution No. 423-1988 requesting The Honorable Ron Saunders to prepare and to present a special act to the Legislature of the State of Florida to provide for the creation of a Solid Waste Authority consisting of the County of Monroe and the City of Key West. Motion carried unanimously. RESOLUTION NO. 058-1989 See Res. Book No. 74 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to accept the appointment by Commissioner Jones of Linda Wheeler to the Monroe County Housing Finance Authority. Motion carried unanimously. Commissioner Jones discussed the need for a Classification, Pay, and Management Efficiency Study. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to authorize the issuance of an RFP for a Classification, Pay, and Management Efficiency Study of the Administrative Branch of the County Government. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to approve travel for February 17th to the Southeast Counties Meeting. Motion carried unani- mously. - Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve travel for the Second Annual Conference of 1000 Friends of Florida in Miami on February 27th and 28th. Motion carried unanimously. BOCC POLICY ISSUES Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt the following Resolution NN 1.02 placing the Municipal Service District under the authority of the County Administrator. Motion carried unanimously with Commissioner Harvey not present. RESOLUTION NO. 059-1989 See Res. Book No. 74 which is incorporated herein by reference. Commissioner Stormont discussed the proposed Consent Order concerning violations at the Monroe County Landfills. Motion was made by Commissioner Stormont authorizing the Mayor to sign the Consent Order and directing the Administrator to comply with the concerns expressed in the Consent Order. During discussion, motion was withdrawn. The County Attorney advised the Commission that he had obtained an extension of the time required for the execution of the Consent Order. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to continue the matter for two weeks and directing the County Administrator to review the matters addressed in the Consent order. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Harvey directing the County Administrator to negotiate with the Department of Environmental Regulation concerning the contents of the Consent Order and acknowledging the thirty-day extension obtained by the County Attorney. 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 management problems in the Municipal Service District and his ideas concerning a possible reorganization of the District. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the following items by unanimous consent: Board adopted the following Resolutions concerning transfer of funds. RESOLUTION NO. 060-1989 RESOLUTION NO. 061-1989 RESOLUTION NO. 062-1989 See Res. Book No. 74 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 063-1989 RESOLUTION NO. 064-1989 RESOLUTION NO. 065-1989 See Res. Book No. 74 which is-rncorporated herein by reference. Board adopted the following Resolution amending Resolution No. 660-1988 concerning receipt of unanticipated funds. RESOLUTION NO. 066-1989 See Res. Book No. 74 which is incorporated herein by reference. NN 103 Board adopted the following Resolution rescinding Resolution No. 004-1989 regarding transfers. RESOLUTION NO. 067-1989 See Res. Book No. 74 which is incorporated herein by reference. Board adopted the following resolution transferring funds of the Tourist Development Council. RESOLUTION NO. 068-1989 See Res. Book No. 74 which is incorporated herein by reference. Board approved the request of Veterans of Foreign Wars Post 10211 of Key Largo to use Harry Harris Park on February 19th from 10:00 a.m. to 4:00 p.m. Board granted permission to the Supervisor of Elections to advertise the following Surplus Property for sale by sealed bid: Datavote Compupro Election Ballot Counting System: 1 CPU 768K Memory 40 mb Hard Disc 10 mb Tape Streamer CRT Televided 925 2 Satellite counting systems: CPU 5l2K Memory 10mb Hard Disc 5 1/4' Floppy Disc CRT Qume Model 102 Software: Is incorporated in the above system, etc. and available from Sequoia Pacific Systems Corporation, San Francisco, California. Isotron Administrative Registration System: 1 20 Megabyte Hard Disk - OSI (4 Users) 2 CRT Terminals - MicroTerm Inc. Software: Is incorporated in the above system, and available from Frank Thornberg Company, Chicago, Illinois. Board approved payment of Tourist Development Council expen- ditures in the amount of $224,906.82 (Input Date 12/30/88 - 1/10/89), subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $35,432.64 (Input Date 1/10/89), subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $14,593.23 (Input Date 1/17/89), subject to final invoice approval by the Finance Department. Board approved payment of Tourist Development Council expen- ditures in the amount of $6,691.22 (Input Date 1/l7/89), subject to final invoice approval by the Finance Department. Board authorized payment of bill from Martin-Vegue Funeral Home in the amount of $505.40 for the burial of a female pauper. NN 104 Board authorized payment of bill from H. W. Beyer Funeral Home, Inc. in the amount of $619.20 for the burial of a female pauper. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of George Amato for a 510 square foot enclosure for storage and parking only on Lot 8, Block 4, paraiso Estates, Marathon; Zoned IS - Improved Subdivision; Coastal Flood Zone A-13. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of James H. and Gloria Clark for the placement of a mobile home below the required base flood elevation on Tract A, Tavernier Ocean Shores, Tavernier; Zoned URM - Urban Residential Mobile Home; Coastal Flood Zone V-2l, Panel 994C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Paul W. Schilling for a 460 square foot enclosure, 299 square feet existing, for storage and parking only on Lot 49, Block 19, Cutthroat Harbor Estates, Cudjoe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 15110. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Robert B. Stark for a 960 square foot enclosure for storage and parking only on Part of Lot 2, Block C, Hawaiian Village, Marathon Shores; Zoned IS - Improved Subdivision; Coastal Flood Zone A-13. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Mr. and Mrs. Peter Storer to enclose 650 square feet for storage and parking only below the existing single-family residence on Lot 43 and NW 50' of Lot 44, Venetian Shores, Plantation Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-13, Panel l129C. Board approved issuance of an RFP for publication of 1988 Delinquent Tax Rolls. Board approved request by Fraternal Order of Police to use Harry Harris Park on April 1, 1989. Board adopted the following Resolution concerning receipt of unanticipated funds. RESOLUTION NO. 069-1989 See Res. Book No. 74 which is incorporated herein by reference. Board adopted the following Resolution concerning transfer of funds. RESOLUTION NO. 070-1989 See Res. Book No. 74 which is incorporated herein by reference. COUNTY ATTORNEY Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Real Estate Sale Contract and a Deed of Bargain and Sale in order to sell and NN 1.05 convey real property owned by the County which is located in Cudjoe Gardens, 8th Addition. RESOLUTION NO. 071-1989 See Res. Book No. 74 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement To Extend Lease between the Florida Keys Aqueduct Authority and Monroe County concerning parking space at Jackson Square in Key West. RESOLUTION NO. 072-1989 See Res. Book No. 74 which is incorporated herein by reference. MUNICIPAL SERVICES DISTRICT (WASTE) Board authorized payment of Invoice No. F2l8l in the amount of $3,483.78 to DeWind Machinery Company for equipment repairs. Board adopted the following Resolution authorizing the Chairman of the Board to execute a Lease/Purchase Agreement between Florida Machinery & Equipment Company and the Board concerning a VME Front Loader. RESOLUTION NO. 073-1989 See Res. Book No. 74 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Airport Services Board accepted Staff recommendation to deny approval to Carl Vimtrup to operate glider flights at Marathon Airport. Code Enforcement Board adopted the following Resolution providing that cer- tain named Code Enforcement Officials are vested with the power to issue citations and notices to appear in County Court for violations of the Monroe County Code and authorizing William Wagner III, Deputy Fire marshall, as a Certified Fire Inspector, to issue citations for violations. RESOLUTION NO. 074-1989 See Res. Book No. 74 which is incorporated herein by reference. Social Services Board adopted the following Resolution authorizing the Mayor to execute an Agreement between Monroe County and Kathleen Edgerton concerning the utilization of her services for the purpose of providing nutrition consultation in the Older Americans Act, Title III-C, Nutrition Program in Monroe County. RESOLUTION NO. 075-1989 See Res. Book No. 74 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute an Agreement between Monroe County and the State NN"' 1.06 of Florida, Department of Health and Rehabilitative Services, concerning the purchase of United States-produced agricultural and other food commodities for use in nutrition projects operating under approved Title III contracts for nutrition services with the provider. RESOLUTION NO. 076-1989 See Res. Book No. 74 which is incorporated herein by reference. Library Services Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement between the State of Florida Department of State, Division of Library and Information Services, and the Board of County Commissioners concerning a State Aid To Libraries Grant. RESOLUTION NO. 077-1989 See Res. Book No. 74 which is incorporated herein by reference. Board approved the addition of a Driver/Clerk position (20 hours), 30A, $6,447.00. Airport Services Board authorized ComAir to enter into lease negotiations with Monroe County and Keys Air, Inc. for office and ticket counter space at Marathon Airport. DIVISION OF MANAGEMENT SERVICES Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Lease Agreement by and between Monroe County and the Domestic Abuse Program concerning office space for said Program at the Plantation Key Government Center. RESOLUTION NO. 078-1989 See Res. Book No. 74 which is incorporated herein by reference. Risk Management Board authorized payment of renewal insurance premiums for Emergency Services' Auto pOlicy ($85,891.00) and General Liability ($6,071.00). Board adopted the following Resolution approving and authorizing the Mayor/Chairman to execute an Amendment To Agreement For Risk Management And Insurance Consulting Services by and between the Board and Stanford & Co. RESOLUTION NO. 079-1989 See Res. Book No. 74 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Fire and Rescue Board adopted the following Resolution authorizing the Chairman to execute a Grant Application to the Florida Division of Forestry for Rural Community Fire Protection Cost-Sharing Funds, Title IV. NN 107 RESOLUTION NO. 080-1989 See Res. Book No. 74 which is incorporated herein by reference. Emergency Medical Services Board adopted the following Resolution authorizing the Chairman to execute an Agreement between the Key Largo Volunteer Ambulance Corps, Inc. and Special Taxing District No. 6 concerning the reimbursement of volunteers. RESOLUTION NO. 081-1989 See Res. Book No. 74 which is incorporated herein by reference. Civil Defense Board adopted the following Resolution authorizing the Mayor to execute an Agreement with Contel ACS for Satellite Service which will provide NOAA Weather Wire producs. RESOLUTION NO. 082-1989 See Res. Book No. 74 which is incorporated herein by reference. Fire and Rescue Board granted approval to advertise for bids for maintenance of Fire-Rescue Vehicles. DIVISION OF PUBLIC WORKS Roads and Bridges Board adopted the 1988-89 Update of the Monroe County Seven-Year Road Program. Engineering Board granted approval to advertise for bids on a Maintenance Agreement for Highway Traffic Signal Devices in Monroe County, north of the Seven-Mile Bridge. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. John Bigler, Jr., in the amount of $4,245.00, for professional services rendered as Acting Monroe County Code Enforcement Attorney. 2. Public Financial Management, Inc., in the amount of $2,881.85, for financial advisory services for consulting on retainer for period ending 12/15/88. 3. Morgan & Hendrick, in the amount of $1,577.50, for professional services re New Port Largo v. Monroe County. 4. Floyd Pearson Richman Greer Weil Zack & Brumbaugh, in the amount of $5,488.15, for professional services re New Port Largo v. Monroe County. 5. Taylor, Brion, Buker & Greene, in the amount of $512.50, for professional services re NN ~08 Big Pine Key Road. 6. Stephens, Lynn, Klein & McNicholas, in the amount of $60.40, for professional services re Ashe v. Northwest Insurance. 7. Taylor, Brion, Buker & Greene, in the amount of $4.24, for professional services re Tom Pennekamp, et al v. Proby, Wolfe & Craig. 8. Paul J. Sher Trophies, in the amount of $125.00, for plaque for Judge Gomez. 9. Florence Millet, Contractors' Licensing Aide, in the amount of $51.72, for travel reimburse- ment for August through September, 1988. 10. Joe Bell, Contractors' Examining Board, in the amount of $26.40, for travel reimburse- ment for August, 1988. 11. Edward Toppino, Contractors' Examining Board, in the amount of $23.60, for travel reimburse- ment for September, 1988. 12. Monroe Office Supply, in the amount of $64.12, for Conch Certificate letters. 13. Curry & Sons Printing, in the amount of $350.00, for Conch Certificates. 14. General Asphalt Company, Inc., in the amount of $30,202.50, for Final Payment for Roadway Improvements - Plantation Key Roads II. 15. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $22,449.65, in payment of Road Invoice for November, 1988. 16. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $23,976.97, in payment of Road Invoice for December, 1988. 17. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $8,104.08, in payment of Card Sound Road and Toll District Invoice for November, 1988. 18. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,926.25, in payment of General Capital Projects services for November, 1988. 19. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $7,230.01, in payment of General Capital Projects services for December, 1988. 20. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $723.05, in payment of Invoice #19 for services rendered through December, 1988 for Courthouse Annex. 21. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,557.67, in payment of Invoice 117 for services rendered through December, 1988 for Sheriff's Substation. 22. Post, Buckley, Schuh & Jernigan, Inc., in the NN- 109 amount of $2,180.17, in payment of Invoice #21 for services rendered through November, 1988 re Higgs Beach Pier. 23. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $2,486.77, in payment of Invoice *22 for services rendered through December, 1988 re Higgs Beach Pier. 24. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,347.75, in payment of Invoice *7 for services rendered through November, 1988 re Higgs Beach Gun Mounts. 25. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,042.75, in payment of Invoice #8 for services rendered through December, 1988 re Higgs Beach Gun Mounts. 26. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $851.92, in payment of Invoice #5 for services rendered through November, 1988 re Harry Harris Park - Response to Agency Comments. 27. Rosenman & Colin, in the amount of $3,485.27, for professional services rendered re Trans- lator System. 28. Hansen Lind Meyer Inc., in the amount of $15,400.00, for professional services rendered re Monroe County Correctional System Master Plan. 29. Public Financial Management, in the amount of $2,505.58, for financial advisory services for consulting on retainer for period ending 1/15/89. Board authorized payment from the BCC Promo 5000 Account to Tom Sawyer Enterprises for their Invoices #185801 in the amount of $36.65 and #482539 in the amount of $108.00. Board approved submission of revised application for supple- mental Federal funding relating to the Jail Overcrowding Project. Board approved submission of revised application for supple- mental Federal funding relating to the Court Delay Reduction Project. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of $150.00~ Guillermo D. Marcovici, M.D., in the amount of $350.00~ Tanju T. Mishara, Ph.D., in the amount of $400.00. COURT-APPOINTED ATTORNEYS, Brown & Magzamer, P.A., in the amount of $225.00~ Jeffrey B. Meyer, in the amount of $350.00~ Charles M. Milligan, in the amount of $853.75~ Henry Lee Morgenstern, in the amount of $350.00~ T. Nicholas Thomes, in the amount of $1,575.00. OTHER EXPENSES, Ernest Eugene Hartley, in the NN ~10 amount of $2,001.45. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $1,485.35; A. J. Reporting Service, in the amount of $4,515.00; Jack Besoner and Associates, in the amount of $140.00; Billee Jean Fase, in the amount of $25.50; Kathleen A. Fegers, in the amount of $1,214.25; Florida Keys Reporting, in the amount of $307.50; Nancy J. Maleske, in the amount of $6,156.00; Nichols & Hardy Court Reporters, in the amount of $40.00; Marc Nichols, in the amount of $63.60; Record Reporting Service, in the amount of $165.00. COURT INTERPRETER SERVICES, Ju~n Borges, in the amount of $375.00; Joy A. Caldarella, in the amount of $25.00; Serafin Calero, in the amount of $15.00; Alexandra Ramos, in the amount of $75.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $1,127.66; Regular Witness Fees, in the amount of $150.00. Board approved the following Warrants: GENERAL REVENUE FUND, #101406-'102485, in the amount of $3,711,426.87. ---- SUPPLEMENT TO GENERAL REVENUE FUND, 1265-#266, in the amount of $59,963:53. FINE & FORFEITURE FUND, #788-'800, in the amount of $136,933.~ - AIRPORT OPERATION & MAINTENANCE FUND, #507-#510, in the amount of $36,299.14. ROAD & BRIDGE FUND, '543-#544, in the amount of $282,790.rs:- - ---- MSD TAX DISTRICT, '1205-'1206, in the amount of $290,283.38. --- MSD - MARINE BANK (Marathon), #470-#471, in the amount of~70,758.90.---- MSD - PLEDGED FUNDS, #140-#141, in the amount of $500,000.00. LAW LIBRARY FUND, #266-#267, in the amount of $1,413.50:-- CAPITAL PROJECTS FUND, #335-#337, in the amount of $55,045.68. ---- CARD SOUND BRIDGE FUND, #263-'264, in the amount of $21,202.2~ ---- WORKERS COMPENSATION, #2742-#2759, in the amount of $101,943.98. TOURIST DEVELOPMENT COUNCIL, #558-#565, in the amount of $271,913.48. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #288- #290, in the amount of $56,107.74. TRANSLATOR FUND, #208-#209, in the amount of NN1tl $28,352.40. 001 RENTAL REHABILITATION PROGRAM, 117, in the amount of-s2,861.00. 503 RISK MANAGEMENT FUND, #23-#24, in the amount of $14,790.3a:- ---- 7l6-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &~ACHES UNINCORPORATED, 1174-'179, in the amount of $242,128.86. 722 MONROE COUNTY UPPER KEYS TRAUMA DISTRICT, 106 and (01 new checks), in the amount of $1,694.99. 003 COMMUNITY DEVELOPMENT BLOCK GRANT, #37-138, in the amount of $10,157.65. 715 MARINERS HOSPITAL SPECIAL TAX DISTRICT, 149, in the amount of $1,080.00. --- 718 VENETIAN SHORES SPECIAL ROAD DISTRICT, 112, in the amount of $268.16. ---- Board approved processing for payment of bill from Renaissance Printing, Inc. in the amount of $2,211.00 in connection with the Bond Issue. Board accepted Sheriff's Report of Forfeited Vehic1es/ Vessels for the quarter ending 12/31/88. Board accepted Sheriff's Report of Claims in Excess of Costs for the quarter ending 12/31/88. Board approved and authorized execution of Lease/Purchase Agreement with Marine Bank for computer equipment. Motion carried unanimously. COUNTY ATTORNEY Randy Ludacer, County Attorney, discussed the sta- tus of the New Port Largo suit. Lucien Proby addressed the Board and advised the Commission that he had been requested by the attorneys representing the County to be employed by them as a consultant concerning preparation for this case going to trial. Mr. Proby advised the Board for the purpose of getting the matter on the record. There was no objection by the Board. Mr. Ludacer advised the Commission of the settle- ment of the Noel vs. Harvey, et a1 litigation concerning MSD's special assessment. The County Attorney advised that his office had determined that the County was able to accept donations and that their use of donated funds for the purchase of equip- ment would be exempt from sales tax. Mr. Ludacer advised the Board that he had analyzed the proposed Ordinances submitted by Sheriff DeFoor and had observed several areas which might present difficulties to the Board of County Commissioners. He advised that he was in the process of discussing these matters with the Sheriff's attorney. NN' 1.1.2 Mr. Ludacer discussed his meeting with Dr. Henriquez and the School Board's attorney concerning a pro- posed contract for the purchase of Truman School. He advised that the School Board had tentatively accepted the concept of accepting a conveyance of County-owned property at 614 Whitehead Street, a transfer of the purchase contract for 600 Whitehead Street, and the balance of the purchase price in case. He advised the Board that he would present a proposed Contract For Purchase in the near future. Commissioner Jones advised that he had been able to obtain a commitment for thirty parking spaces from the Kingdom Hall of Jehovah's Witnesses which could be utilized by the County in that area at no expense other than the cost of main- taining the lot. The County Attorney advised the Commission that investigation had revealed that the County has an easement with the United States Navy concerning the Translator Tower on Sigsbee Park and that the Navy would have to be consulted as to any other use of that tower by persons other than the County. He also advised that the Board's Translator Attorney strongly recommended that no other use of the tower be permitted. Mr. Ludacer briefly discussed the DER Consent Order. The County Attorney advised that the Big pine Road Administrative Hearing had been postponed to the latter part of March at the request of the Judge. He advised that in his action for disqualification of DCA Secretary Tom Pelham from this case, that Mr. Pelham had denied or refused to disqualify himself. Mr. Ludacer advised the Commission that he had advised the DCA that the next step in the process would be an action which would prohibit Mr. Pelham from par- ticipating in the case. Motion was made by Commissioner Jones to authorize the advertisement of a proposed Ordinance amending Animal Control Ordinance No. 005-1988 to amend the schedule of fines. During discussion, motion was withdrawn. Motion was then made by Commissioner Lytton and seconded by Commissioner Jones to continue to the next meeting. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Peter Horton, Division Director, addressed the Board and thanked everyone for the cards and letters received during his recent illness. Airport Services Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt, as amended, the following Resolution authorizing the Mayor/Chairman of the Board to execute a Lease Agreement between the County of Monroe and Edward B. Knight concerning a parcel of land and an aircraft hangar at the Key West International Airport. Motion carried unanimously. RESOLUTION NO. 083-1989 See Res. Book No. 74 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to reconsider the Board's 1.1.3 NN previous action regarding Agenda Item F-IO g1v1ng approval for ComAir to enter into lease negotiations with Monroe County and Keys Air, Inc. for office and ticket counter space at Marathon Airport. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to clarify the last sentence in the pro- posed Agreement by placing a period after the words "charter flights" and to delete any reference to a potential addi- tional fixed base operation. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Donald Craig, Division Director, discussed the issuance of the Dispatch Creek permit. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to amend the Board's previous action and to direct Staff to proceed to issue the permit as a matter of right. Motion carried unanimously. Mr. Craig advised that the Noise Analyses of the Key West and Marathon Airports were completed and that a proposal for a Marathon Airport corridor would be forth- coming. Planning Department Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to grant approval to proceed with an RFP for a Lower Matecumbe Key Community Plan. During discussion, motion was made by Commissioner Jones and seconded by Commissioner Harvey to create a Special Taxing District for all of the costs with the exception of in-kind Staff support. Roll call vote on the amendment was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes No No No Motion failed. Roll call vote on the original motion was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto No No Yes Yes Yes Motion carried. Ron Binns, Public Facilities Maintenance Director, addressed the Board concerning the Caloosa Cove Project. The Public Works Division was directed to report back in two weeks. Prior to recessing for lunch, Mayor Puto presented Commissioner Wilhelmina Harvey with a birthday cake and all present joined in the singing of "Happy Birthday" to Commissioner Harvey. Commissioner Lytton announced that he would not be present for the rest of the meeting. The Board recessed for lunch. * * * * * NN 1.14 DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT --- BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Hal Halenza, Russ Radom, John Stormont and Chairman Michael Puto. Absent from the meeting was Eugene Lytton. Motion was made by Commissioner Radom and seconded by Commissioner Halenza to adopt the following Resolution authorizing the Chairman to execute an Agreement with the Conch Key Volunteer Fire Department and Rescue Squad, Inc. concerning reimbursement of volunteers. Motion carried una- nimously. RESOLUTION NO. 084-1989 See Res. Book No. 74 which is incorporated herein by reference. Motion was made by Commissioner Radom and seconded by Commissioner Halenza to adopt the following Resolution authorizing the Chairman to execute an Agreement with the Sugarloaf Volunteer Fire Department, Inc. concerning reim- bursement of volunteers. Motion carried unanimously. RESOLUTION NO. 085-1989 See Res. Book No. 74 which is incorporated herein by reference. Motion was made by Commissioner Radom and seconded by Commissioner Halenza to adopt the following Resolution authorizing the Chairman to execute an Agreement with the Layton Volunteer Fire Department, Inc. concerning reimbur- sement of volunteers. Motion carried unanimously. RESOLUTION NO. 086-l989 See Res. Book No. 74 which is incorporated herein by reference. Motion was made by Commissioner Halenza and seconded by Commissioner Radom to authorize advertising for bids for the Maintenance of Fire-Rescue Vehicles. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District *1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board reconvened with all Commissioners pre- sent except Commissioner Lytton. PUBLIC HEARINGS A Public Hearing was held concerning a presentation by Hazen and Sawyer, P.C. pertaining to recycling and energy conservation. Proof of publication was entered into the record. Peter Robinson of Hazen and Sawyer addressed the Board concerning the Final Report. The following indivi- duals addressed the Board: Frank Ostrander, Sven Linsskold, Bob Ernst, George Kundst, Earl Cheel, Prudence Fleming, Brian Schmitt, Jack Hurt. NN 115 MUNICIPAL SERVICE DISTRICT (WASTE) Charles Aguero, MSD Manager, advised that there was no report. Mr. Aguero discussed the policy concerning free dumping. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to adopt a punch card system that would allow two free dump days per month, effective April 1. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve payment of Invoice No. F1692 to Adams DeWind Machinery Company in the amount of $6,903.13 for repairs and parts. Motion carried unani- mously. COUNTY ADMINISTRATOR State Attorney Kirk Zuelch, David Kirwan, and Chief Judge Richard Fowler addressed the Board concerning the need for immediate temporary incarceration facilities. Sheriff DeFoor, County Administrator Tom Brown, Jose Gonzalez, and Ron Budzinski of Hansen Lind Meyer addressed the Board con- cerning this matter. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to approve the issuance of an RFP for the acquisition of temporary facili- ties to house approximately fifty to one hundred prisoners and also to proceed with improvements to the existing faci- lities. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Section 2.1-2 of the Monroe County Code to establish hours of sale of alcoholic beverages within Unincorporated Monroe County; establishing penalties; pro- viding for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; pro- viding for inclusion in the Monroe County Code; and pro- viding for an effective date. Proof of publication was entered into the record. The following persons addressed the Board in favor of the proposed Ordinance: Sheriff DeFoor, State Attorney Zuelch, Vern Pokorski, George Kundtz, Tony Hammon, Earl Cheal, Elaine Smith. The following per- sons spoke against the proposed Ordinance: David Paul Horan, Jack Martin, Arnold Blatt, John Rieb, Rick Berard, Randy Smock, E. C. Hopkins, John Bartus, Debbie Saylor, Bob Sorenson, Claudia Baldatti, MeriLynn Britz, Alma Booth, Joe Britz, James Robert Wilson, Rick Ostor, Daniel Hooghouse. Following discussion, motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue to the next Public Hearing. Motion carried unanimously.. Elaine Smith addressed the Board concerning the death of her daughter as a result of a drunk driver and spoke in support of adoption of the Ordinance. A Public Hearing was then held on a proposed Ordinance creating procedural and substantive standards for the granting of cable television system franchises in the Unincorporated Area of Monroe County by providing defini- tions; by providing for the submission of franchise propo- sals to the County Administrator and the information required for such proposals; by providing for a Public Hearing on such proposals before the Board of County Commissioners and the criteria by which the Board shall approve or disapprove such proposals; providing for the ~16 NN nature and extent of any franchise granted including the requirement of certain standards of service availability, service standards, restrictions on the use of rights-of-way in order to prevent disruption to the traveling public and private property owners, the use of franchisee equipment in the event of an emergency, the provision of basic cable ser- vices at certain County facilities, the provision of franchisee insurance and indemnification on behalf of the County, the requirement that rates and charges be filed with the County Administrator, and the requirement of the payment of a 5% of gross revenue franchise fee to Monroe County; providing for certain restrictions on the transfer of any franchise granted pursuant to this Ordinance; providing for the termination of any franchise granted under this Ordinance for cause and the procedures therefor; providing for the operation, purchase and sale of the cable system after the termination or expiration of a franchise; pro- viding procedures and substantive requirements for the grant of a new franchise to the holders of existing franchises; providing for certain restrictions on the terms and con- ditions on the granting of overlapping franchises; providing for franchisee payment of County legal expenses, including attorneys' fee, in certain instances; providing that this Ordinance shall not affect the terms of existing franchises except to the extent that such franchisees must seek a new franchise pursuant to this Ordinance; providing for severa- bility; providing for the repeal of all Ordinances incon- sistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to read by title only. Motion carried unanimously. Tom Colton of Keys Cinema Cable addressed the Board. Motion was made by Commissioner stormont and seconded by Commissioner Jones to continue to the next Public Hearing. Motion carried una- nimously. A Public Hearing was held on a proposed Ordinance amending Section 2-299(D), Monroe County Code, in order to provide for an Executive Office of the Tourist Development Council; to provide for a procedure for the submission of proposals of persons, partnerships and corporations to fill the office of Executive Director and to provide the necessary office personnel; to provide that the County Administrator may also submit a proposal on the County's behalf; providing for criteria by which to evaluate such proposals; providing for the final selection of the Executive Director and office personnel; providing for severability; providing for incorporation into the Monroe County Code; providing for the repeal of all Ordinances inconsistent herewith; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. Mayor "Mickey" Feiner, Vice Chairman of the Tourist Development Council, addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to continue to the next meeting. Motion carried unanimously. A Public Hearing was held concerning the proposed closing of the highway, street or road described as follows: The West portion of Richard Road in the Annex Plat of Piney Point Subdivision as recorded in the Official Plat Books of Monroe County, Book 3, Page 88. A subdivision of Government Lot 2, Sec. 34, NN ~17 T66S, R29E, Tallahassee Meridian, Big pine Key, Monroe County, Florida, and described as follows: Commencing at 25.0 feet North and 25.0 feet West of the center line of the intersection of Richard Road and Big pine Avenue. Said Point being the Point of Beginning: thence West along the South line of Block B of said subdivision: thence 160.70 feet to the M.H.W.L. of pine Channel: thence meandering said M.H.W.L. in a Southerly direction 50.0 feet, more or less, to the North line of Block D of said subdivision: thence East along the North line of Block D of said subdivision 167.66 feet: thence North 50.0 feet to the Point of Beginning. The following persons addressed the Board in favor of the closing of the road: Vern Pokorski of the Big pine Civic Association, Bob Green, Emil Maseran. Holly Sergy, Ben Holyroyd and John Holyroyd, owners of interior lots in the neighborhood, opposed the closing of the road. After discussion, motion was made by Commissioner Jones and seconded by Commissioner Harvey to refer this matter to Staff to allow access to all owners in the subdivision, but to deny access to the general public at large, if possible. Motion carried unanimously. SOUNDING BOARD Servando Parapar and David Baldwin of the Department of Transportation addressed the Board concerning the Five-Year Transportation Plan. Motion was made by Commissioner Jones and seconded by Commissioner Harvey adopting the following Resolution objecting to the reduction of funding in the Five-Year Work Program and the problem of concurrency which would result. Motion carried unanimously. RESOLUTION NO. 087-1989 See Res. Book No. 74 which is incorporated herein by reference. Earl Cheal and James McElroy addressed the Board concerning the provision and maintenance of litter con- tainers for use along the Overseas Highway. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to refer this matter to Staff to bring back information on the cost, feasibility, jurisdiction, and possible liability problems. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning proposed changes to the Capital Project Fund Budget. Proof of publi- cation was entered into the record. There was no public input. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 088-1989 See Res. Book No. 74 which is incorporated herein by reference. NN - 118 I DIVISION OF GROWTH MANAGEMENT Flood Variance Applications Bob Herman, Deputy Director, and Dick Hopkins, representing Raymond Ross, addressed the Board concerning Mr. Ross' Application for Variance to the Flood Hazard Ordinance for a non-substantial addition (proposed bid- $52,900.00; appraisal $106,000.00) on Lot 3, Block D, White Marlin Beach, Section 1, Lower Matecumbe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-17, Panel l326C. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to refer this matter back to Staff to see if the Property Appraiser will accept the appraisal by the owner in order to comply with the provisions of the Land Use Plan. Motion carried unanimously. The Board entered into a discussion regarding the Application for Variance to the Flood Hazard Ordinance of Ethel Napier to complete single-family residence below the required base flood elevation on Lot 8, Block 2, Cross Key Waterway, Key Largo; Zoned IS - Improved Subdivision; Coastal Flood Zone V-16, Panel 0843C. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to direct Staff to allow the structure to remain and to be completed as a single-family residence if the owner can sub- mit to the Building Department a report from an Engineer certifying the structure to be in compliance with the Standard Building Code and the structure is in compliance with the bulk regulations governing setbacks or receive a variance as permitted by the Land Use Regulations. Motion carried unanimously. Building Department Donald Craig, Division Director, discussed F.E.M.A. regulations for mobile home placement. No action was taken. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept Staff recommen- dation to establish as policy exemptions from Building Permit Fees only, not Impact Fees, for State and Federally qualified non-profit and charitable organizations; and also to direct amendment of the Ordinance. Motion carried unani- mously. DIVISION OF MANAGEMENT SERVICES Office of Management ~ Budget Stacey Williams addressed the Board concerning the creation of an ad hoc Blue Ribbon Budget Review Committee. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution creating an ad hoc Blue Ribbon Budget Review Committee to review and report with recommendations to the Monroe County Commission their observations of the budgetary process; designating and constituting the Committee and setting forth its duties and prerogatives. Motion carried unanimously. RESOLUTION NO. 089-1989 See Res. Book No. 74 which is incorporated herein by reference. 1.19 NN DIVISION OF PUBLIC SAFETY Translator Board The Board entered into a discussion concerning the Monroe County Television Translator Board and the County Attorney read a proposed Ordinance. Motion was made by Commissioner Harvey and seconded by Commissioner Jones declaring an emergency exists; waiving the requirements of advertising under the provisions of Florida Statutes 125.66; amending Section 13-32 of the Monroe County Code; providing for severability; providing for repeal of all Ordinances or parts thereof in conflict herewith; providing for inclusion in the Monroe County Code; and providing for an effective date. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to adopt the following Ordinance. Roll call vote was unani- mous. ORDINANCE NO. 004-1989 See Ord. Book No. 20 which is incorporated herein by reference. Motion was made by Mayor Puto and seconded by Commissioner Harvey to appoint Bill Smith to the Translator Board. Motion carried unanimously. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the following Resolution authorizing the Mayor andd Chairman of said Board to execute a contract for the maintenance of the Monroe County Television Translator System by and between the Monroe County Board of County Commissioners and Carmelita T. Gossard d/b/a C & M Electronics Co. RESOLUTION NO. 090-1989 See Res. Book No. 74 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Stormont Mayor Puto Yes Yes No Yes Motion carried. DIVISION OF PUBLIC WORKS Report Ron Binns, Public Facilities Maintenance Director, discussed the progress of the bids for cleaning services; an injunction received which had been successfully defended concerning work on the Gun Mounts at Higgs Beach; work being done to provide radios for guards at Higgs Beach which would allow them to communicate with the Sheriff's Department; and the acquisition of Malayan Palms from the Extension Service. Consulting Engineer Bob Harris of Post, Buckley, Schuh & Jernigan discussed a problem with DOT concerning the diversion of traffic from U.S. 1 through the Card Sound Bridge Toll Facility as a result of traffic accidents. This matter was referred to County Staff. NN" '1.20 Facilities Maintenance Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve a Change Order for Frank Keevan & Son, Inc. with an increase of $6,537.00 and forty- five days for the replacement of frames of two gun mounts in the Higgs Beach pavillion Project. Motion carried unani- mously. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to accept Staff's recommendation to accept the low proposal from Cordes Door Co., Inc. of Miami in the amount of $19,785.00 for the purchase and installa- tion of Sallyport doors at the Key West Jail Facility. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to grant permission to enter into an Agreement with Dan-Ace Roofing Company in the amount of $1,750.00 for repairing the roof over the Computer Room area in Wing II at the Public Service Building. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to grant permission to enter into an Agreement with Kenny's AIC & Refrigeration Service in the amount of $6,850.00 for installation of a new 5-ton AlC system in the Crime Lab at Jackson Square Justice Building. Motion carried unanimously. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to accept Staff's recommendation to accept the proposal from Summerland Electric in the amount of $13,907.00 for rewiring of the Health Department offices in the Public Service Building. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to grant permission to enter into an Agreement with Dan-Ace Roofing Company in the amount of $5,000.00 for repairing the roof over Wing II-B at the Public Service Building. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, briefly discussed the planned function in honor of former Sheriff Freeman and indicated that he would continue to pursue this matter. The County Administrator advised the Board that he would be holding up on the lease negotiations concerning County-owned bay bottom property at the Marathon Yacht Club pending the outcome of the Board's possible acquisition of property in the area relative to the Joint Governmental Center in Marathon. Mr. Brown presented a Synopsis of National Institute of Corrections P.O.N.I. Phase II Seminar. No action was taken. Mayor Puto appointed Commissioner Stormont to serve as ex officio member to the Fine Arts Council. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to adopt the following Resolution supporting requested legislative action by the School Board of Monroe County to amend school funding formulae. Motion carried unanimously. NN 121' RESOLUTION NO. 091-1989 See Res. Book No. 74 which is incorporated herein by reference. COUNTY CLERK Danny Kolhage, Clerk, advised the Board that he was in receipt of two bids on the TOC proposed contracts and that those bids were received after the time designated for filing. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to reject the two late bids and return to the bidders: Automated Phone Exhange, Inc. of Salt Lake City, Utah and Andre Arnbron Destination Consultants of Forest Hills, New York. Motion carried una- nimously. The Clerk advised that he was in receipt of a bid for petroleum products which was received after the time designated for filing. Motion was made by Commissioner Jones and seconded by Commisisoner Harvey to reject the late bid and return to Gulf Products Division, BP Oil Company. Motion carried unanimously. AWARD OF BIDS The Board was advised of receipt of the following bids for Petroleum Products: Unleaded Diesel Keeman Petroleum Co., Inc. Dion Oil Co. Blaylock Oil Co. John R. McKenzie Jobber, Inc. .6373/gal. .6l25/gal. .735/gal.super .7320/gal.super .6265/gal. .624/gal. .6280/gal. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to accept the recommendation of the Public Works Department to award the bid to Blaylock Oil Co. and to acknowledge for the record that the other bids did not meet specifications. Motion carried unanimously. The Board was advised of receipt of the following bids for one new 8-10.5 ton Static Roller: Linder Industrial Machinery M. D. Moody & Sons H. F. Mason Equipment Corp. $ 51,550.00 $ 36,968.00 $ 38,113.00 Motion was made by Commissioner Harvey and seconded by Commissioner Stormont to accept the recommendation of Staff to award the low bid to M. D. Moody & Sons in the amount of $36,968.00. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *