02/21/1989 Regular
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Regular Meeting
Board of County Commissioners
Tuesday, February 21, 1989
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in Courtroom "B" of the Courthouse Annex in Key West.
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, Clerk; Rosalie L.
Connolly, Deputy 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.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve the following
items by unanimous consent:
COMMISSIONERS' ITEMS
Board authorized advertising for Public Hearing of a pro-
posed Ordinance creating Section 6-17, Monroe County Code,
in order to provide that buildings prominently display
street address numbers in a manner so as to be visible from
the street to which those numbers refer; providing for
severability; providing for repeal of Ordinances incon-
sistent herewith; providing for incorporation into the
Monroe County Code; and providing an effective date.
BULK APPROVALS
Board approved payment of Tourist Development Council expen-
ditures in the amount of $120,652.53 (Input Dates 1/27/89 to
2/7/89), subject to final invoice approval by the Finance
Department.
Board approved payment of Tourist Development Council expen-
ditures in the amount of $84,810.28 (Input Date 2/7/89),
subject to final invoice approval by the Finance Department.
Board adopted the following Resolution concerning receipt of
unanticipated funds.
RESOLUTION NO. 092-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Flood Variance Applications
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of William G. Clark for a 768 square foot enclosure for
storage and parking only on Lot 9, Ramrod Shores, 2nd Add.,
Ramrod Key; Zoned IS - Improved Subdivision; Coastal Flood
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Zone V-12, Panel 15l6D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Douglas Sweisford for a 918 square foot enclosure for
storage and parking only, 576 square feet existing, on Lot
26, Block 2, Summerland Key Cove #6, Summerland Key; Zoned
IS - Improved Subdivision; Coastal Flood Zone V-12, Panel
l5l2D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Donald J. Webster for a 300 square foot enclosure, 299
square feet existing, for storage and parking only on Tract
BD, pine Key Acres, Big Pine Key; Zoned SR - Suburban
Residential; Coastal Flood Zone A-lO, Panel l536C.
Refund Requests
Board authorized refund in the amount of $250.00 to Jeff
Hall, P.A., In Trust for Philip M. whiting, d/b/a pier 15,
inasmuch as Planning Department recommended applicant to
rescind Administrative Appeal Application.
Board authorized refund in the amount of $63.00 to Borrell
Fire Systems for overcharge made on Permit #88-3-1437.
Board authorized refund in the amount of $112.50 to Roch
Vultaggio for an unused building permit.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Agreement between
the Board and the Grace Jones Day Care Center concerning
funding in the amount of $10,000.00.
RESOLUTION NO. 093-1989
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 a Lease Agreement
between Loma Alta Corporation and the Board of County
Commissioners concerning office space in Marathon for the
State Attorney.
RESOLUTION NO. 094-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Board granted approval to advertise for Public Hearing a
proposed Ordinance to adopt the Standard Unsafe Building
Abatement Code, 1985 Edition.
MUNICIPAL SERVICES DISTRICT (WASTE)
Board authorized payment of Invoice No. 1 in the amount of
$34,846.00 to Continental Construction Company, Inc. for
partial payment of the Ash Conveyor System Replacement at
Cudjoe Key.
DIVISION OF MANAGEMENT SERVICES
Information Systems
Board adopted the following Resolution authorizing the
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Mayor/Chairman of the Board to execute an Equipment
Maintenance Agreement by and between Pitney Bowes and Monroe
County concerning maintenance of electronic scale.
RESOLUTION NO. 095-1989
See Res. Book No. 74 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. Paul J. Sher Trophies, in the amount of $75.00,
for a Plaque for Peter Ilchuk, former Supervisor
of Elections.
2. Floyd Pearson Richman Greer Weil Zack &
Brumbaugh, in the amount of $15,800.24, for
professional services re New Port Largo v.
Monroe County.
3. Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A., in the amount of
$279.12, for professional services through
January 30, 1989.
4. Hansen Lind Meyer Inc., in the amount of
$1,805.65, for professional services re Monroe
County Correctional System Master Plan.
5. Morgan & Hendrick, in the amount of $315.00,
for professional services re New Port Largo v.
Monroe County.
6. Taylor, Brion, Buker & Greene, in the amount
of $2,202.00, for professional services re
Translator System.
7. victor N. DeCario & Associates, Inc., in the
amount of $1,293.33, for professional services
re Monroe County Geographic Information System.
Board approved the new revised By-Laws of the Older Americans
Advisory Board.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Jeffrey J.
Elenewski, M.D., in the amount of $200.00; Richard Hellmann,
Ph.D., in the amount of $150.00; Mental Health Care Center
of the Lower Keys, in the amount of $400.00; Tanju T.
Mishara, Ph.D., in the amount of $200.00; Marsh Wolf, M.D.,
in the amount of $400.00.
COURT-APPOINTED ATTORNEYS, Cullen & Thomes, P.A.,
in the amount of $350.00; Roberta S. Fine, in the amount of
$3,929.91; Jeff Hall, P.A., in the amount of $1,607.97;
Charles M. Milligan, in the amount of $1,025.00.
OTHER EXPENSES, University of Miami, in the amount
of $49.00; Louis J. Spallone, Clerk, in the amount of
$500.00; State of Florida, in the amount of $2,045.76.
COURT REPORTER SERVICES, A. J. Reporting Service,
in the amount of $2,381.50; Associated Court Reporters, in
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the amount of $1,893.25; Billee J. Fase, in the amount of
$242.50; Florida Keys Reporting, in the amount of $897.25;
Terry Moran, in the amount of $202.50; Nichols & Hardy Court
Reporters, in the amount of $277.00; Nancy J. Maleske, in
the amount of $648.00.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $350.00; Serafin Calero, in the amount of $20.00;
Patrick Del-Isle, in the amount of $30.00; Marie Penot, in
the amount of $30.00; Alexandra Ramos, in the amount of
$65.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $2,950.81; Regular Witness Fees, in the amount of
$145.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, '102486-'103140, in the
amount of $3,703,316.78. ----
SUPPLEMENT TO GENERAL REVENUE FUND, '267-1268, in
the amount of $32,55~15.
FINE & FORFEITURE FUND, '801-#807, in the amount of
$1,308,884.33.- ----
AIRPORT OPERATION & MAINTENANCE FUND, 1511-#513, in
the amount of $146,322.90. - ----
ROAD & BRIDGE FUND, #545-'546, in the amount of
$217,582.~ - ----
MSD TAX DISTRICT, '1207-'1215, in the amount of
$346,558.74. ---
MSD - MARINE BANK (Marathon), 1472-'473, in the
amount of-s90,505.77.
MSD - PLEDGED FUNDS, #142, in the amount of
$300,000.00.
LAW LIBRARY FUND, #268-#269, in the amount of
$1,176.69:-- ----
CAPITAL PROJECTS FUND, #338-1340, in the amount of
$95,081.26. ----
CARD SOUND BRIDGE FUND, #265-'266, in the amount of
$19,757.60:-- ----
WORKERS COMPENSATION, 12760-#2772, in the amount of
$17,913.42.
TOURIST DEVELOPMENT COUNCIL, 1566-#572, in the
amount of $107,620.26.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, 1291-
1293, in the amount of $157,458.83.
TRANSLATOR FUND, 1210-#211, in the amount of
$1,799.64.
001 RENTAL REHABILITATION PROGRAM, 118, in the
amount of~,OOO.OO.
503 RISK MANAGEMENT FUND, #25-'26, in the amount of
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$9,046.68.
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, PARKS &-aEACHES UNINCORPORATED, 1180-'181,
in the amount of $152,545.96.
003 COMMUNITY DEVELOPMENT BLOCK GRANT, 139-140, in
the amount of $3,006.18.
Board approved Minutes of the following meetings: January 3,
1989; January 17, 1989; January 31, 1989.
Board approved processing of monies to Mariners Hospital for
payment of computer software in the amount of $60,229.80 out
of Special District funds.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Puto and County Administrator Brown made a
presentation of the November Co-Employee of the Month Award
to Jose Gallardo of the Airport Services Department of the
Community Services Division.
Mayor Puto, County Administrator Brown and
Information Systems Manager Harper presented the December
Employee of the Month Award to Margaret Sousa, Information
Systems Department of the Management Services Division.
Mayor Puto presented a Special Appreciation Plaque
to Peter Ilchuk, former Supervisor of Elections.
Mayor Puto and Commissioner Jones presented a
Proclamation to Arturo Espinola proclaiming the Week of
May 15 - May 21 as HISPANIC ROOTS WEEK in Monroe County.
Mayor Puto, County Administrator Brown, and
Division Director Horton presented an Appreciation Plaque to
Lorraine Sawyer, retired County employee (Bayshore Manor).
The Board agreed to continue to the next meeting a
proposed Resolution requesting Congressional Delegation sup-
port of House Resolution #41 for any Federal gas tax
increase to be used for the Federal Highway System.
The Board agreed to continue to the next meeting a
discussion of requested opinions regarding the Tourist
Development Council.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to appoint John O'Brien to the
Tourist Development Council in place of Linda O'Brien who
had resigned. Motion carried unanimously.
After discussion, motion was made by Commissioner
Jones and seconded by Commissioner Lytton to authorize tra-
vel for Randy Moore to the Florida Shores Beach and
Preservation Association Conference in Tampa on February 22-
24. Motion carried unanimously.
The Board entered into a discussion regarding the
Class Action Suit recently brought against Monroe County and
the State of Florida Department of Community Affairs
regarding contiguous lots. Motion was made by Commissioner
Lytton and seconded by Commissioner Harvey to authorize the
placement of Public Service Announcements in The Key West
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Citizen, The Keynoter, and The Reporter regarding the filing
of this Class Action Suit. 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.
Motion was made by Commissioner Harvey and seconded
by Commissioner Stormont to authorize the preparation of a
Resolution to name the Old Monroe County Courthouse in honor
of former Sheriff William A. Freeman, Jr. Roll call vote
was unanimous.
After discussion, motion was made by Mayor Puto and
seconded by Commissioner Lytton to adopt the following
Resolution regarding problems concerning the opening and
closing of the Jewfish Creek Bridge. Motion carried unani-
mously.
RESOLUTION NO. 096-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Mayor Puto briefly discussed the Southeast Florida
County Commissions' 1989 Legislative Issues.
BULK APPROVALS
Motion was made by Commissioner stormont and
seconded by Commissioner Lytton to adopt the following
Resolution rescinding Resolution No. 069-1989 regarding
unanticipated funds. Motion carried unanimously.
RESOLUTION NO. 097-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to adopt the following
Resolution regarding the transfer of Tourist Development
Council funds. Motion carried unanimously.
RESOLUTION NO. 098-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Harvey to adopt the following
Resolution authorizing the Mayor/Chairman of the Board to
execute a Lease/Purchase Agreement by and between Xerox
Corporation and Monroe County concerning the lease of a Copy
System for the County Administrator's Office, subject to the
Agreement being modified to a period of twenty-four months.
Motion carried unanimously.
RESOLUTION NO. 099-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Refund Requests
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to authorize payment of a
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refund in the amount of $75.00 to Ryan Builders for a dupli-
cate Fill Application Fee being filed, subject to confir-
mation of the fact that this indeed was a double fee.
Motion carried unanimously.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, advised the Board
that the 11th Circuit Court of Appeals had ruled against the
County in the Federal Communications Commission suit with
respect to the Translator System and that lower power use
has to give way to high power use in terms of frequency uti-
lization.
The County Attorney briefly discussed the DER
Consent Order and the $106,000.00 proposed fines against
MSD.
Motion was made by Commissioner Stormont and
seconded by Commissioner Harvey to authorize the adver-
tisement for Public Hearing of a proposed Ordinance
amending Chapter 3, entitled "Animals and Fowl," Subsection
3, and deleting Subsection 4 of Section 3-12 of the Monroe
County Code; providing for severability; providing that all
Ordinances or parts of Ordinances in conflict with this
Ordinance are hereby repealed to the extent of said
conflict; providing for inclusion in the Monroe County Code;
and providing for an effective date. Motion carried unani-
mously.
Motion was made by Commisisoner Stormont and
seconded by Commissioner Jones to authorize, subject to con-
formity with F.S. 370.102, the advertisement for Public
Hearing of a proposed Ordinance prohibiting fishing from the
Card Sound Bridge in Monroe County; providing for certain
penalties for violation(s) hereof; providing for severabili-
ty; providing for repeal of all Ordinances or parts thereof
in conflict herewith to the extent of any such conflict;
providing for inclusion in the Monroe County Code of
Ordinances; and providing an effective date. Motion carried
unanimously.
Jim Robinson of the Last Stand organization
addressed the Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Lytton to authorize
the advertisement for two Public Hearings of a proposed
Ordinance amending Article III of the MOnroe County Code of
Ordinances to include definitions for airport noise control;
providing for noise control at public airports of Monroe
County; providing for severability; providing for the
repeal of all Ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code of Ordinances;
and providing for an effecctive date. Motion carried unani-
mously.
Motion was made by Commissioner Stormont and
seconded by Mayor Puto to adopt the following Resolution
authorizing the Mayor/Chairman of the Board to execute a
Quit-Claim Deed betweeen the County of Monroe, the Key Largo
Volunteer Fire Department, Inc., and the Key Largo Volunteer
Fire and Rescue Department, Inc. to the Federal Deposit
Insurance Corporation concerning a parcel of real property
located in Key Largo. Motion carried unanimously.
RESOLUTION NO. 100-1989
See Res. Book No. 74 which is incorporated herein by
reference.
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DIVISION OF GROWTH MANAGEMENT
Report
Donald Craig, Division Director, advised the Board
that he would be coming back in approximately two weeks
regarding the designation of a fund for receipt of $5,000.00
in connection with the Hawk's Cay Development Agreement for
the purpose of providing employee housing in the Middle Keys
area.
Mr. Craig discussed the rumors regarding a possible
suit being filed against the County regarding the Land Use
Plan Amendment processes.
Boundary Determinations
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to adopt the following
Resolution confirming the Administrative Boundary
Interpretation of the Planning Director in Land Use District
Map Boundary Interpretation Number 26, Lot 33, Section "A",
Long Beach Estates, Big Pine Key. Motion carried unani-
mously.
RESOLUTION NO. 101-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Jones to adopt the following
Resolution confirming the Administrative Boundary
Interpretation of the Planning Director in Land Use District
Map Boundary Interpretation Number 27, Long Beach Estates,
Lots 1, 2, 3, 5, 6 and 7, Section A, Big pine Key. Motion
carried unanimously.
RESOLUTION NO. 102-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner stormont and
seconded by Commissioner Jones to adopt the following
Resolution confirming the Addministrative Boundary
Interpretation of the Planning Director in Land Use
District Map Boundary Interpretation Number 28, Proposed
Animal Shelter Site on Big Pine (RE #11083-005). Motion
carried unanimously.
RESOLUTION NO. 103-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to adopt the following
Resolution confirming the Administrative Boundary
Interpretation of the Planning Director in Land Use
District Map Boundary Interpretation Number 29, Bayridge
Subdivision, Lot 13, Plantation Key. Motion carried unani-
mously.
RESOLUTION NO. 104-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Harvey that after elimination in
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the contract of reference to prepayment or a retainer
payment, the Board adopt the following Resolution
authorizing the Mayor/Chairman of the Board to execute a
Consulting Agreement by and between Dale R. Baldwin &
Associates Landscape Architects, Inc. and Monroe County con-
cerning the preparation of a Landscape Handbook. Motion
carried unanimously.
RESOLUTION NO. 105-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Mayor Puto that after elimination in the
contract of reference to prepayment or a retainer payment,
the Board adopt the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Consulting
Agreement by and between David A. Ornstein, A.I.C.P. and
Monroe County concerning the Holiday Isle Area of Critical
County Concern. Motion carried unanimously.
RESOLUTION NO. 106-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton that after elimination in
the contract of reference to prepayment or a retainer
payment, the Board adopt the following Resolution
authorizing the Mayor/Chairman of the Board to execute a
Consulting Agreement by and between David A. Ornstein,
A.I.C.P. and Monroe County concerning a review of the Mixed
Use Land Use District. Motion carried unanimously.
RESOLUTION NO. 107-1989
See Res. Book No. 74 which is incorporated herein by
reference.
The Regular Meeting of the Board of County
Commissioners recessed.
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DISTRICT 11
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, Eugene Lytton,
John Stormont and Chairman Michael Puto. Absent from the
meeting was Russell Radom.
Reggie Paros, Director of the Public Safety
Division, addressed the Board. Motion was made by
Commissioner Lytton and seconded by Commissioner Halenza to
adopt the following Resolution authorizing the Chairman of
the Board to execute an Agreement by and between the Lower
and Middle Keys Fire and Ambulance District to DSM of the
Florida Keys, Inc. pertaining to billing and collection ser-
vices for user fees generated by the District's emergency
medical services system. Motion carried unanimously.
RESOLUTION NO. 108-1989
See Res. Book No. 74 which is-rncorporated herein by
reference.
NON 1.31.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire
and Ambulance District adjourned.
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The Regular Meeting of the Board of County
Commissioners reconvened with all Commissioners present.
DIVISION OF PUBLIC SAFETY
Reggie paros, Division Director, addressed the
Board. Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey that after amending the proposed
Agreement with DSM of the Florida Keys, Inc. by inserting
the words "currently outstanding and pertaining to previous
contract" before the word "Monroe" at the end of the first
line of Paragraph 1, the Board would adopt the following
Resolution authorizing the Chairman of the Board to execute
an Agreement with DSM of the Florida Keys, Inc. pertaining
to collection agency services for trauma care and emergency
medical air transportation accounts receivable. Motion
carried unanimously.
RESOLUTION NO. 109-1989
See Res. Book No. 74 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Dent Pierce, Division Director, addressed the
Board. He advised that the Aviation Boulevard Bike Path in
Marathon was fifty percent complete.
Mr. Pierce discussed problems involving the use of
radios by the security guards at the beaches, etc. After
discussion, Mr. Pierce was directed to meet with the
Director of Public Safety and the Sheriff in an effort to
resolve this matter.
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board. He advised the Board that the Higgs
Beach Pier project was back on schedule and also discussed a
minor construction problem.
COMMISSIONERS' ITEMS
"Mickey" Feiner, Vice Chairman of the Tourist
Development Council, and Mayor Puto addressed the Board con-
cerning proposed Tourist Information Services Agreements
with the various Chambers of Commerce in Monroe County.
John Parks, President of the Greater Key West Chamber of
Commerce, addressed the Board on behalf of the Greater Key
West Chamber of Commerce, the Lower Keys Chamber of
Commerce, the Marathon Chamber of Commerce, the Islamorada
Chamber of Commerce, and the Key Largo Chamber of Commerce.
After discussion, motion was made by Commissioner Jones and
seconded by Commissioner Lytton to waive the requirements of
the Purchasing Policies and Procedures concerning the
$25,000.00 limitation. Motion carried unanimously. Motion
was made by Commissioner Jones and seconded by Mayor Puto to
approve and authorize execution of the following Agreements
and to reflect that these do not have any effect on the Mail
Fulfillment Contract and do not encumber additional Third
Cent utilization:
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District I Greater Key West Chamber $ 99,091.00
District II Lower Keys Chamber $ 30,261.24
District III Marathon Chamber $ 58,944.34
District IV Islamorada Chamber $ 76,830.00
District V Key Largo Chamber $ 80,903.84
Roll call vote was unanimous. The Board directed the record
to reflect that all Chambers were represented at the
meeting.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, addressed the
Board. He discussed the proposed RFP for portable incar-
ceration facilities and advised that he had requested the
current Consultant to provide a recommendation. He told the
Board that he expected to be able to bring back such a
recommendation at the March 7th meeting and reminded the
Board that any recommendation would have to have the appro-
val of the U. S. Magistrate and Federal Court System.
The County Administrator advised that he still had
not received any word concerning the County's request
regarding the possible acquisition of the former missile
site on Key Largo. He advised that he is working to arrange
a meeting with the Governor and Cabinet regarding land
desperately needed by Monroe County for landfills, jail
facilities, etc.
Mr. Brown advised that he and Peter Horton,
Director of Division of Community Services, would be
attending the NACO meeting in St. Petersburg Wednesday
through Friday and that Dent Pierce, Director of Division of
Public Works, would be Acting County Administrator.
The County Administrator advised that he and
Commissioner Stormont had been working with Captain Denning
regarding the use of the Boca Chica Road Beach-Front
Property. He advised that the Navy was going to grant a
lease to Monroe County with a five-year renewable basis for
the Boca Chica Road Beach-Front Property access.
Mr. Brown advised that he, MSD Manager Charles
Aguero, and County Attorney Randy Ludacer had an appointment
with DER on Monday in Ft. Myers concerning the Consent
Agreement. He also informed the Board that there was a ten-
tative appointment set up with DCA and DER on March 14th and
March 15th concerning the Solid Waste Contract with DCA and
the Hazen and Sawyer Study.
The County Administrator discussed a request
received from the Key West High School's Tennis Coach asking
for permission to continue to utilize the County's tennis
courts from 3:30 to 5:30 p.m. every Tuesday, Thursday and
Friday until April 15th, the end of the school team's tennis
season. Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to approve the request and Staff was
instructed to see that proper signs were posted for notifi-
cation to the general public. Motion carried unanimously.
The Board recessed for lunch.
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The Board reconvened with all Commissioners pre-
sent.
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COMMISSIONERS' ITEMS
After lengthy discussion, motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
direct the County Attorney to attend a Mini-Cabinet meeting
in Tallahassee tomorrow and advise them that it was Monroe
County's official position that when DCA appeals a develop-
ment order issued by Monroe County, the burden of proof lies
fully and totally with DCA. The County Attorney and David
Paul Horan addressed the Board. Motion was withdrawn.
Motion was then made by Commissioner Lytton and seconded by
Commissioner Jones to adopt the following Resolution
affirming the legal position of Monroe County as it pertains
to the burden of proof in appeals taken by the Florida
Department of Community Affairs from Local Development
Orders. Roll call vote was unanimous.
RESOLUTION NO. 110-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded by
Commissioner Lytton to direct the County Attorney to attend
next week's meeting with the Governor and Cabinet. Motion
carried unanimously.
COUNTY ATTORNEY
Hugh Morgan of Morgan & Hendrick made a presen-
tation to the Board concerning Monroe County lobbying acti-
vities. Rick Watson of L. Garry Smith & Associates also
made a presentation to the Board. After discussion, motion
was made by Commissioner Lytton and seconded by Commissioner
Jones to postpone consideration of this matter until the
March 7th meeting in Plantation Key. Motion carried unani-
mously.
MUNICIPAL SERVICE DISTRICT (WASTE)
Charles Aguero, MSD Manager, addressed the Board.
Motion was made by Commissioner Harvey and seconded by
Commissioner Lytton to waive the rules of the Purchasing
Policies and Procedures concerning the securing of bids and
give authority to the MSD Manager to immediately purchase at
the lowest possible price a van for use by Pollution Control
in Plantation Key. Motion carried unanimously with
Commissioner Jones not present.
The Board entered into a discussion concerning
holidays of Pollution Control employees. After discussion,
motion was made by Commissioner Stormont and seconded by
Commissioner Harvey that the Board recommend to the
Committee in charge of enacting personnel policy changes
that the insertion of the words "when personnel are on a
shift other than Monday through Friday, that a holiday day
is appropriately given in the appropriate shift" be properly
placed in the Personnel Policy; and that upcoming holidays
be conducted in such manner contingent upon final accep-
tance. Motion carried unanimously with Mayor Puto not pre-
sent.
Rosalie Connolly, Deputy Clerk, advised the Board
that her office was in receipt of a late bid for Bins from
Rehrig Pacific. After discussion, the Deputy Clerk was
advised to return the bid unopened. Mrs. Connolly then
advised of receipt of a late bid for a Truck Scale System.
Motion was made by Commissioner Jones and seconded by
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Commissioner Lytton to direct the Deputy Clerk to open the
bid for a Truck Scale System. Motion carried unanimously.
The bid for $23,244.00 from Howe Richardson for one LOADSTAR
Truck Scale System was opened and reported to the Board.
Mrs. Connolly advised that copies of the bid would be for-
warded to MSD and the County Attorney. After discussion,
motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to defer decision on all bids concerning
the Recycling Program for an appropriate ninety-day analysis
for proper coordination. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Harvey declaring an emergency
exists, waiving the requirements of advertising under the
provisions of Florida Statutes 125.66 and waiving notice by
a four-fifths vote; amending Ordinance No. 001-1989 by con-
solidating Subsections 2(1)(b) and (c) of that Ordinance;
providing for the repeal of Subsection 2(1)(c); providing
for severability; providing for the repeal of Ordinances in
conflict herewith; providing that this Ordinance shall not
be incorporated into the Monroe County Code; and providing
an effective date. Motion carried unanimously with
Commissioner Lytton not present. Fred Tittle, attorney,
addressed the Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Lytton to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 005-1989
See Ord. Book No. 20 which is incorporated herein by
reference.
Fred Tittle, attorney for the Franchisees,
addressed the Board concerning the proposed amendments to
the Franchise Agreements between the County and each of the
following Franchisees: Florida Disposal Company; Bland
Disposal Service, Inc.; Baltuff Disposal Service, Inc.;
Marathon Garbage Service; Island Disposal Company, Inc.;
Keys Sanitary Service; and Ocean Reef Solid Waste, Inc.
After a lengthy discussion, motion was made by Commissioner
Harvey and seconded by Commissioner Jones to continue to the
next meeting. Roll call vote was unanimous.
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 County Attorney read by title
only. The following persons addressed the Board: Rick
Berard, Reverend John Day, Norman Baptista, Lt. William
Bass, John Bartus, Daniel Hooghouse, Kathy Peters, Irene
Vaught, Father Hugh McGlasten, Jr., Dick Rudell, Randall
Smock, Lee Cote, Mark Rossi, John Hellen, Paul Stock, Cheryl
Williford, Mike Pinter, Fred Bye, John Murphy, David Horan,
Phil Boyle, Donald Henley, Vern Pokorski, Bob Ernst, Lori
Shea, Rick Oster, Jack Wedge, Joe Ardolino, Jr., and Bob
Sorenson. After a lengthy discussion, motion was made by
Commissioner Lytton and seconded by Commissioner Jones to
amend the Ordinance to indicate that the closing hours are
to be between 4:00 a.m. and 7:00 a.m. Roll call vote was
taken with the following results:
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135
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
Yes
No
Yes
Motion carried. Motion was then made by Commissioner Jones
and seconded by Commissioner Lytton to adopt the following
Ordinance as amended.
ORDINANCE NO. 006-1989
See Ord. Book No. 20 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
No
Yes
Yes
No
Yes
Motion carried. Motion was made by Commissioner Stormont
and seconded by Commissioner Harvey to direct Staff to
proceed with establishment of an appropriate Task Force.
Roll call vote was unanimous.
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
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. The County
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Attorney read by title only. Motion carried unanimously.
Frank Merklein of Keys Cinema Cable and Monroe Cablevision
addressed the Board. Motion was made by Commissioner Jones
and seconded by Commissioner Harvey to continue to the next
Public Hearing. Motion carried unanimously.
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. There was
no public input. Motion was made by Commissioner Jones and
seconded by Commissioner Lytton to deny adoption of the pro-
posed Ordinance. Roll call vote was unanimous.
A Public Hearing was held for a proposed amendment
to the Federal Fiscal Year 1986 Community Development Block
Grant. Paul Wick, Grants Manager, addressed the Board.
There was no public input.
SOUNDING BOARD
Judge Richard Payne, School Superintendent A. J.
Henriquez and Ron Herrron of HRS, representing the Monroe
County Interagency Task Force, made a presentation to the
Board regarding a proposed adolescent drug and alcohol reha-
bilitation program. After a lengthy discussion, motion was
made by Commissioner Jones and seconded by Commissioner
Lytton to give a long-term lease for the Stock Island
Detention Facility to the Florida Keys Memorial Hospital at
the rate of $1.00 per year for use in connection with an
adolescent drug and alcohol rehabilitation program and also
to provide funds to upgrade the facilities in an amount not
to exceed $45,000.00 from the Capital Projects Reserve.
Motion carried unanimously.
George Kundtz, representing the Izaak Walton League
and the Florida Keys Citizens Coalition, addressed the
Board regarding the Principles for Guiding Development.
The following persons also addressed the Board: Jim
McElroy of the Condo Owners Association of Monroe County,
Bob Ernst of the Florida Keys Citizens Coalition, Dagny
Johnson of the Upper Keys Citizens Association, Sven
Linskold, Jim Robinson of Last Stand, and Vern Pokorski,
President of Big pine Civic Association. Motion was made by
Commissioner Lytton and seconded by Commissioner Harvey to
direct Staff to contact DCA Secretary Pelham to open up
renegotiations of the Stipulated Agreement in Monroe County
vs. Graham and if he will agree to officially acknowledge
the principles of substantial compliance, fairly debatable,
and presumption of validity, Monroe County will reinstate
the 1984 Prinicples for Guiding Development. Roll call vote
was taken with the following results:
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Commissioner Harvey
Commissioner Jones
Commissioner Lytton
Commissioner Stormont
Mayor Puto
Yes
No
Yes
No
No
Motion failed. Motion was then made by Commissioner
Stormont and seconded by Commissioner Lytton to rescind the
previous action and request Representative Ron Saunders to
submit for adoption at a minimum the 1984 Principles and to
enter into negotiations with the DCA Secretary on revised
1984 Principles for the future and resolution of the prin-
ciples of substantial compliance, fairly debatable, and
presumption of validty. Roll call vote was unanimous.
Mayor Puto read into the record a letter from City
Commissioner Harry Powell concerning this matter.
PUBLIC HEARINGS
A Public Hearing was held concerning a presentation
by Hazen and Sawyer, P.C. concerning the Final Report of the
Monroe County Solid Waste Management Study. Proof of publi-
cation was entered into the record. The County
Administrator discussed his proposal that there be three
additional Public Hearings held on the Final Report from
Hazen and Sawyer. During discussion, Mr. Aguero addressed
the Board concerning the need to authorize a transfer of
funds in reference to the Court Order to make a $100,000.00
payment to the attorney in the Noel case. Motion was made
by Commissioner Harvey and seconded by Mayor Puto to adopt
the following Resolution transferring funds. Motion carried
unanimously.
RESOLUTION NO. 111-1989
See Res. Book No. 74 which is incorporated herein by
reference.
Peter Robinson of Hazen and Sawyer then proceeded to make a
presentation to the Board concerning the Final Report of the
Monroe County Solid Waste Study. The following people
addressed the Board: George Kundtz, Frank Ostrander, Vern
Pokorski, and Dagny Johnson. Motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
continue this matter to 3:00 p.m. on March 6th at the Elks
Club in Tavernier. The Board discussed March 9th at 3:00
p.m. in Key West and March 14th at 3:00 p.m. in Key Colony
Beach as possible dates for the remaining Public Hearings.
There being no further business, the meeting was
adjourned.
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