03/01/1988 Regular
LL 001
Regular Meeting
Board of County Commissioners
Tuesday, March 1, 1988
Plantation Key
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the Plantation Key Government Center. Present and
answering to roll call were Commissioner William Freeman,
Commissioner Jerry Hernandez, Jr., Commissioner Michael
Puto, Commissioner John Stormont, and Mayor Eugene Lytton.
Also present were Danny L. Kolhage, Clerk; Lucien Proby,
County Attorney; Tom Brown, County Administrator; County
Staff; members of the Press and Radio; and the general
public.
All stood for the Invocation and Pledge of
Allegiance to the Flag.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
Presentation of a plaque to the Upper Keys Humane
Society was postponed due to the fact that no one was pre-
sent to represent the Upper Keys Humane Society.
....'M,_
Motion was made by Mayor Lytton and seconded by
Commissioner Freeman to continue to the next Key West
meeting consideration of the City of Key West's Resolution
proposing beach maintenance by the County. Motion carried
unanimously.
The Board discussed possibly calling a Workshop to
meet with the City of Key West prior to the next Key West
meeting.
Motion was made by Commissioner Freeman and
seconded by Commissioner Stormont to adopt the following
Resolution supporting Senate Bill 616 creating the
Department of Veterans Affairs and requesting the Monroe
County Delegation to the Florida Legislature to use their
best offices in seeking passage of said Bill. Motion
carried unanimously.
RESOLUTION NO. 105-1988
See Res. Book No. 65 which is incorporated herein by
reference.
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Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
supporting U.S. Senate Bill 10 and U.S. House Bill 3133 and
requesting the Florida Delegation to use their best offices
in seeking passages of said bills. Motion carried unani-
mously.
RESOLUTION NO. 106-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve the use of Sombrero
Beach on April 22, 1988 from 7:00 p.m. to 9:00 p.m. for
Save-A-Turtle Training. Motion carried unanimously.
LL 002
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to approve the appointments of
Anh Warren Mravic and Richard E. Fugitt to the Monroe County
Fine Arts Council. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to authorize travel to
Tallahassee for Commissioner Puto to meet with the
Department of Community Affairs and the Department of
Transportation on February 21, 22, and 23 in connection with
travel previously approved for the State Association of
County Commissioners. Motion carried unanimously.
Commissioner Puto discussed the problem of camping
alongside of U.S. Highway 11 and other areas. No official
action was taken.
Commissioner Puto discussed the additional work
needed to make use of the newly-installed lights at Harry
Harris Park. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to approve the payment of
$4,650.00 out of the Public Works Department for additional
electrical work at Harry Harris Park for the lighting, with
funding to come from the Capital Improvements Fund. Motion
carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to approve the Harry Harris Park
schedule (see attached). Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to appoint William Askew to
the Florida Keys Council for the Handicapped and also
to adopt the following Resolution commending Frederick C.
Manillo as the Chairman of the Florida Keys Council for the
Handicapped and directing that a Proclamation be issued com-
mending him for said services and also that he be afforded a
plaque in recognition thereof. Motion carried unanimously.
RESOLUTION NO. 107-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Mayor Lytton briefly discussed the Property
Appraiser's analysis of the Land Use Plan.
Mayor Lytton discussed the execution of the
Agreement between Monroe County and the Department of
Community Affairs. Motion was made by Mayor Lytton and
seconded by Commissioner Hernandez to direct the Special
Counsel to seek a stay in the proceedings of Monroe County
vs. Graham to April 3, 1988. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt a Proclamation proclaiming
the week of February 28 - March 5, 1988 as SPECIAL OLYMPICS
WEEK in Monroe County. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Stormont to adopt the following Resolution
supporting pre-filed House Bill 254 seeking to declare the
Key Lime Pie as the official State pie. Motion carried
unanimously.
RESOLUTION NO. 108-1988
See Res. Book No. 65 which is-rncorporated herein by
reference.
LL 003
EXTENSION SERVICES
Craig Perillo, representing Reef Relief, addressed
the Board concerning problems that had been observed in the
Contractor not adhering to specifications for the reef
moorings project. Motion was made by Commissioner Stormont
and seconded by Commissioner Puto to deny the request for an
extension of time for the Boating Improvement Fund Project
on the reef mooring buoys and directing that documentation
of performance with specifications under the terms of the
Contract be provided to the Board. Motion carried unani-
mously.
COMMISSIONERS' ITEMS
Commissioner Puto discussed an article in the
Orlando Sentinal concerning Port Bouganville in reference to
Mayor Lytton. Commissioner Puto then presented Mayor Lytton
with a Plaque designating him as "Mean Gene" in accordance
with that article.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the following items
by unanimous consent:
Board authorized the removal of one air conditioner
(item t 2400-20) from the inventory of the Marathon Airport
Manager's Office.
Board authorized payment of TDC expenditures in the amount
of $3,581.54 (Input Date 2/16/88), subject to final invoice
approval by the Finance Department.
Board authorized payment of TDC expenditures in the amount
of $2,801.93 (Input Date 2/16/88), subject to final invoice
approval by the Finance Department.
Board authorized payment of TDC expenditures in the amount
of $163,568.57 (Input Date 2/10/88), subject to final
invoice approval by the Finance Department.
Board approved the request from Coral Shores High School for
the use of Harry Harris Park on March 5, 1988.
Board approved the request from the Plantation Key
Convalescent Center, Inc. for the use of Harry Harris Park
on March 25, 1988 from 10:00 a.m. until 3:00 p.m.
Board approved a refund in the amount of $250.00 to William
and Priscilla Oblander inasmuch as the applicant was
incorrectly charged for an application for land use map
amendment.
"-'"
Board approved a refund in the amount of $250.00 to Fred
Tittle, Esquire, agent for Property OWner - Henry A.
Meinhardt, pursuant to Monroe County Code Section 9.5-48,
concerning successive applications.
Board approved a refund in the amount of $250.00 to Florida
Keys Marine, Inc. pursuant to Monroe County Code Section
9.5-48, concerning successive applications.
Board approved a refund in the amount of $250.00 to Daniel
B. Michie, Jr. pursuant to Monroe County Code Section
9.5-48, concerning successive applications.
LL 004
Board approved a refund in the amount of $250.00 to Rolando
and Maria Alfonso and Segundo and Alina Collada pursuant to
Monroe County Code Section 9.5-48, concerning successive
applications.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Robert G. David for a 421 square foot enclosure below
existing single family residence for storage and parking
only on Lot 51, Block 1, Flamingo Island, Boot Key; Zoned IS
- Improved Subdivision; Coastal Flood Zone A-13, Panel 1579.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Robert E. DeField for a 87.5 square foot enclosure of
existing stairwell- existing enclosure of 720 square foot
below single family residence for storage only on Lot 9,
Block 6, Sea Air Estates, Key Vaca; Zoned IS - Improved
Subdivision; Coastal Flood Zone V-17, Panel 1581C.
COUNTY ATTORNEY
Board authorized permission to advertise for a proposed
Ordinance prohibiting the owning or harboring of pit bull
terriers within the unincorporated areas of Monroe County,
Florida, etc.
Board adopted the following Resolution requesting the State
of Florida Department of Revenue to disclose certain infor-
mation relating to the local option tourist development tax
pursuant to Section 213.053(9), Florida Statutes; and pro-
viding certain assurances to the Department of Revenue
regarding confidentiality.
RESOLUTION NO. 109-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board adopted the following Resolution rescinding
Resolution No. 055-1988 and Resolution No. 077-1988 con-
cerning an Environmental Restoration Agreement and
Modification thereto by and between Jesus Blanco and Monroe
County.
RESOLUTION NO. 110-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
to execute Loan Agreements and acceptance of Mortgages with
respect to CDBG Loans for the rehabilitation of low income
housing at the Rock in Marathon.
RESOLUTION NO. 111-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
to execute a Deed by and between Monroe County and Paul W.
Stock and Mary L. Stock concerning property situated on
Sugarloaf Key which was disclaimed by the Board on March 27,
1973 by Resolution No. 32-1973.
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RESOLUTION NO. 112-1988
See Res. Book No. 65 which is incorporated herein by
reference.
LL 005
EMERGENCY MEDICAL SERVICES
Board approved authorization to submit an application for
Rural Community Fire Protection Program Cost-Share Funds for
Fiscal Year 1987-88 and authorizing the Mayor to execute
same.
Board adopted the following Resolution sitting as the Board
of Governors of Municipal Service Taxing District I-D,
authorizing the Chairman of the Board to execute an
Agreement by and between Special Taxing District l-D and the
Big Pine Key Volunteer Fire Department, Inc. for the purpose
of reimbursing volunteers.
RESOLUTION NO. 113-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board approved payment to Medical Foundation Services, Inc.
in the amount of $330.00 concerning a medical review of
Gerald Weldy on January 24, 1988.
LIBRARY
Board authorized execution of a State Aid to Libraries
Agreement between State of Florida Department of State
Division of Library and Information Services and the Board
of County Commissioners of Monroe County.
PUBLIC WORKS
Board granted permission to use Road Department personnel
and equipment to implement the paving of the drive and
parking lot at Bay Shore Manor.
Board granted permission to use Road Department personnel
and equipment to implement the paving of the parking lot at
the Public Service Building.
SOCIAL SERVICES
Board authorized execution of Amendment No. 1 to Contract
'88-55-878 by and between the Area Agency on Aging for Dade
and Monroe Counties/United Way of Dade County and the Monroe
County Board of County Commissioners/Monroe In-Home
Services.
Board adopted the following Resolution authorizing the Mayor
to execute a Contract by and between the Board of County
Commissioners of Monroe County and G.A. Food Service, Inc.
concerning Title III-C Nutrition Program for congregate
sites in Plantation, Marathon, Big Pine Key and home-
delivered meals in Key West.
RESOLUTION NO. 114-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Contract by and
between the Board of County Commissioners of Monroe County
and G.A. Food Service, Inc. concerning Title III-C Nutrition
Program for congregate sites in Key West.
RESOLUTION NO. 115-1988
See Res. Book No. 65 which is incorporated herein by
reference.
LL 006
Board authorized ratification of an Admission Agreement by
and between Bay Shore Manor a/k/a Monroe County Home and
Grace D. Sinclair.
PLANNING BUILDING & ZONING
Board amended previous action from the February 16th meeting
to authorize payment to Siemon, Larsen and Purdy in the
amount of $21,063.00 (not $33,813.00).
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $28,432.78 for monthly road invoice from November
28 through December 25, 1987
2. Public Financial Management, Inc in the amount
of $2,500.00 for professional services through
January 15, 1988.
3. Nick E. Silvero & Associates, Inc. in the amount
of $2,017.84 for computer training from November
23 through December 30, 1987.
4. Nick E. Silvero & Associates, Inc. in the amount
of $1,602.83 for computer training from January 4
through January 8, 1988.
5. Nick E. Silvero & Associates, Inc. in the amount
of $1,599.38 for computer training from January
11 through January 15, 1988.
6. Nick E. Silvero & Associates, Inc. in the amount
of $1,197.48 for computer training from January
20 through January 22, 1988.
7. Nick E. Silvero & Associates, Inc. in the amount
of $1,596.63 for computer training from February 2
through February 5, 1988.
8. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $570.00 for Invoice No. 13, Plantation Key
Government Center Wastewater Treatment Plant.
9. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $3,479.00 for Invoice No.8, Completion Third
Floor Jail Addition.
10. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $2,337.30 for Invoice No.8, County Clerk's Space
and Judges Chamber/Courtroom Conversions.
11. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $6,011.98 for Invoice No. 11, Environmental
Permitting and Final Design Higgs Beach Pier.
12. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $314.98 for Invoice No.7, Repairs/Modifications
to Gun Mounts, Higgs Beach.
13. Risk Control Associates, Inc. in the amount of
$1,343.00 for professional services, December 1
through December 31, 1987.
14. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $3,700.00 for Invoice No.1, Jackson Square Study
LL 1007
for Clerk's Storage Space & Public viewing Area/Office
Space.
15. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $1,769.63 for Invoice No. 10, Environmental
Permitting Higgs Beach Pier.
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16. Post, Buckley, Schuh & Jernigan, Inc. in the amount
of $346.65 for Invoice No.6, Repairs/Modifications
to Gun Mounts, Higgs Beach.
17. Morgan & Hendrick, P.A., in the amount of $1,050.00,
for professional services in re: New Port Largo vs.
Monroe County.
18. Nick Silvero & Associates, Inc. in the amount of
$1,194.21 for computer training from February 10
through February 12, 1988.
19. The Brewer Co. of Florida, Inc. in the amount of
$84,979.82 for Final Invoice, Big Coppitt Roads I.
20. Post, Buckley, Schuh & Jernigan, Inc. in the amount of
$2,381.76 for professional services from November 28
through December 25, 1987.
21. Post, Buckley, Schuh & Jernigan, Inc. in the amount of
$22,370.95 for professional services December 26, 1987
through January 29, 1988.
~,.,....
Board authorized the use of a DNR approved Appraiser to
submit an Appraisal to the Department of Natural Resources
concerning pending application for funds to acquire
approximately five acres of land on Big Pine Key for an
outdoor recreation area.
Board approved the renewal of Sun Life of Canada Life
Insurance Policy No. 46820-G effective March 1, 1988.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellmann, Ph.D., in the amount of $420.00; Guillermo
Marcovici, P.A., in the amount of $500.00.
COURT-APPOINTED ATTORNEYS, Jeffrey B. Meyer, in the
amount of $851.25; Charles M. Milligan, in the amount of
$1,874.50; Lissa C. pancare, in the amount of $617.50; John
P. Rotolo, in the amount of $700.00.
OTHER EXPENSES & COSTS, Diana Curtis, P.A., in the
amount of $235.71; Louis-Spallone, in the amount of $500.00;
State of Florida, in the amount of $1,105.75.
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COURT REPORTER SERVICES, Christensen Reporting, in
the amount of $133.30; Laws Reporting, in the amount of
$503.91; Nancy J. Maleske, in the amount of $2,227.40;
Nichols & Hardy, in the amount of $764.05.
COURT INTERPRETER SERVICES, Serafin Calero, in the
amount of $25.00; Amelia Miranda, in the amount of $55.00;
Maria Sardina, in the amount of $60.00; Susana Totaro, in
the amount of $40.00; Victor M. Tuckler, in the amount of
$95.00; Jose E. Vasquez, in the amount of $25.00.
LL 008
$214.94.
CARD SOUND BRIDGE FUND, 1211, in the amount of
WORKERS COMPENSATION, 12439-12456, in the amount of
$40,833.92.
$943.00.
TOURIST DEVELOPMENT COUNCIL, 1482, in the amount of
MONROE COUNTY SELF-INSURED GROUP INSURANCE, 1226,
in the amount of $100,000.00.
610 LAND AUTHORITY, '65-168, in the amount of
$2,687.36:-- ----
Board authorized the issuance of a Duplicate Tax Sale
Certificate No. 754 dated June 1, 1983 to Vera Phillips.
Board accepted .the Report of Forfeited Vehicles/Vessels of
the Monroe County Sheriff's Office relating to forfeited
contraband articles for the Quarter ending December 31,
1987.
Board accepted the Monroe County Sheriff's Office Report of
Claims in Excess of Costs for Quarter ending December 31,
1987.
Board adopted the following Resolution concerning receipt of
unanticipated funds for the year 1987-88.
RESOLUTION NO. 116-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board granted permission to advertise for Supplemental
Budget Hearings for March 15, 1988.
Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve an Arrangement
Agreement (Case Number SF87-2l53-02 Option 1) by and between
Southern Bell Telephone and Telegraph Company and Monroe
County Board of County Commissioners.
Fred Tittle, attorney representing Fred and
Frances Snowman, addressed the Board and requested a post-
ponement and to instruct the County Attorney to meet with
private Counsel to discuss the matter. After discussion,
motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to continue Item C-9 and Items C-14
through C-17 to the next meeting with the decision con-
cerning these cases to be made in accordance with law
instead of the results of a meeting with Staff. Motion
carried unanimously.
COUNTY ATTORNEY
Lucien Proby, County Attorney, briefly discussed
the New Port Largo suit. Motion was made by Commissioner
Puto and seconded by Commissioner Freeman to approve a bill
from the law firm of Floyd, Pearson, Richman, Greer, Weil,
Zack & Brumbaugh in the amount of $22,244.73, with funding
to come from the $75,000.00 allocated to the County Attorney
for this purpose. Motion carried unanimously.
L.L o07-A
EXPERT WITNESS FEES, Darene Cahill, in the amount
of $150.00; Lynn Langdale, B.A., M.A., in the amount of
$500.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, 182947 and 182948-183238 and
183599-183601-#84022, in the amount of $1,241,395.80.
AIRPORT OPERATION ~ MAINTENANCE FUND, 1445, in the
amount of $985.74.
MSD TAX DISTRICT, 11064-#1070, in the amount of
$180,711.00. ---
CAPITAL PROJECTS FUND, 1272-'274, in the amount of
$86,277.26.
LL 009
The County Attorney advised the Board of problems
with the construction of the improvements in the new jail
section and indicated that a complete report would be
forthcoming.
Mr. Proby briefly discussed the Supreme Court deci-
sion concerning tidelands.
Douglas Halsey, attorney representing Summerland
Key Properties, addressed the Board. Motion was made by
Commissioner Hernandez and seconded by Commissioner Puto to
adopt the following Resolution authorizing the Mayor to exe-
cute an Agreement by and between the Monroe County Board of
County Commissioners and Summerland Key Properties, Inc.
concerning restoration of certain property situated on
Summerland Key, Monroe County. During discussion, motion
was made by Commissioner Stormont to amend Page 3, Section
T, of the Agreement to add the words "other than those which
may be hereinafter required." The amendment was accepted by
the maker and the Resolution was adopted as amended. Motion
carried unanimously.
RESOLUTION NO. 117-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution authorizing the Mayor/Chairman of the Board to
execute a Memorandum of Agreement by and between the Board
of County Commissioners of Monroe County and the Board of
City Commissioners of Key West, in order to provide a plan
of land acquisition for the Land Authority's one-half of the
proposed one cent tourist impact tax with an amendment to
the Memorandum of Agreement on Page 2, Section 4, to add the
words, "subject to statutory consideration." Motion carried
unanimously.
RESOLUTION NO. 118-1988
See Res. Book No. 65 which is incorporated herein by
reference.
MUNICIPAL SERVICES (WASTE)
Charles Aguero, MSD Manager, discussed proposed
legislation which has been pre-filed concerning solid waste.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman authorizing Mr. Aguero to travel to
Tallahassee to attend any committee meetings to be held on
the proposed legislation. Motion carried unanimously.
The MSD Manager gave a brief report on the neigh-
borhood trash program.
~~
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to approve a Contract with
Bob Hilsen and Company for roof repairs at the incinerator
plants as follows: Key Largo and Cudjoe Key - $17,630.00
each plus additional services with a total amount not to
exceed $30,000.00 each and the Lower Keys - $30,000.00.
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the purchase of a
prefab building from Lowes Shed to provide for office space
in the amount of $7,595.00, subject to obtaining any
necessary permits and variances. Motion carried
unanimously.
I
LL 010
Motion was made by Commissioner Puto and seconded
by Mayor Lytton to postpone to the next meeting con-
sideration of an Addendum to Franchise Agreement concerning
tipping fees. Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to approve payment to C. Bob
Beale Co., in the total amount of $47,319.43 (Invoice t9795)
for relining Secondary Chamber and replacing steel as
necessary on waste reduction unit t6-Long Key. Motion
carried unanimously.
Mayor Lytton directed Mr. Aguero to notify the
public of a new procedure concerning white goods.
Mr. Aguero discussed the recent increase by the
City of Key West in the cost process solid waste which had
been increased to $60.00 per ton. He recommended that the
County proceed to increase their rates accordingly, in order
to offset the volume created by efforts to use the County's
lower rate at the landfills. Ted Carter of Keys Sanitary
addressed the Board concerning this matter. Mr. Aguero was
directed to provide documentation and rationale to support
his recommendations at the next meeting.
EMERGENCY SERVICES
Commissioner Puto discussed and requested that any
and all invoices concerning trauma care be brought to the
Board for approval prior to payment. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
approve payment to Baptist Hospital of Miami in the amount
of $14,795.55 (80% of $18,494.44) for services rendered to
Linda A. Huston. Motion carried unanimously.
ENGINEERING
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to authorize approval and exe-
cution of Change Order No. 1 and No. 2 to The Brewer Company
of Florida, Inc. for the Big Coppitt Key Roads I project as
well as the authorization for final payment to the Brewer
Company of Florida, Inc., in the amount of $84,979.82.
Motion carried unanimously.
Bob Harris, Consulting Engineer, advised the Board
that the County had placed eighth in the ranking for funds
for the Higgs Beach Pier and would almost surely be
receiving the Grant funds.
PUBLIC WORKS
Ron Binns, Operations Superintendant, discussed the
Cudjoe Key Substation and the process concerning the
issuance or the obtaining of a Conditional Use Permit which
should be issued shortly. He also advised the Board that
the Agreement between City Electric and the County con-
cerning an animal shelter in Big Pine Key was about to be
finalized.
Mr. Binns discussed the third floor Jail problem,
the movement of a large rock at Higgs Beach, and the fact
that new park equipment had been ordered for Marathon,
Plantation Key, and Key West.
LL 011
Mr. Binns gave a report on the status of the Key
Largo Animal Shelter. Commissioner Stormont discussed a
recent reports of rabid racoons in various parts of the
State and Monroe County.
PLANNING BUILDING & ZONING
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman authorizing the Director of Planning
to open the second six months' review process under the pro-
visions of the Monroe County Land Use Plan. Motion carried
unanimously.
Don Craig, Planning Director, discussed Mr. Valois'
case and indicated that he would be making a "boundary
determination" which would help to solve his problem.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to postpone consideration
of final payment to the Florida Keys Aqueduct Authority
under the terms of the Interlocal Agreement dated February
3, 1987 for the cost of preparing and providing land use
maps to the Planning Department. Motion carried unani-
mously.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, reminded the Board
of a PONI visit on March 8th, 9th, and 10th and the
Community Meeting to be held on March 10th at 9:00 a.m. in
Courtroom A.
Mr. Brown requested and the Chairman called for a
Special Meeting on April 4, 1988 at 9:00 a.m., 310 Fleming
Street in Key West to discuss directions for the County's
upcoming Budget process.
Bob Herman, Building Official, advised the Board
that a FEMA letter had been received by the County which
indicated that because of certain conditions and with cer-
tain procedures in place, the County would not be placed on
probation.
The County Administrator discussed the proposed
Lease Agreement with the Truman Annex Company for the opera-
tion of a parking lot in Jackson Square. Motion was made by
Commissioner Puto and seconded by Commissioner Stormont to
adopt the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Lease Agreement by
and between the Truman Annex Company and the Board of County
Commissioners of Monroe County concerning parking spaces
located on the Truman Annex, Key West, Florida. Motion
carried unanimously. Motion was then made by Commissioner
Puto and seconded by Comissioner Freeman to authorize the
transfer of Contingency for the funding necessary to support
the Lease. Motion carried unanimously.
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RESOLUTION NO.119-l988
See Res. Book No. 65 which is incorporated herein by
reference.
AWARDING OF BIDS
The following bids were received for Fire Wells
<Dry Hydrants):
LL012
Frank Keevan & Son, Inc.
Second Street, Stock Island
Key West, Florida 33040
$ 299,298.00
Reggie Paros, Emergency Service Director, recommended that
the bid from Frank Keevan & Son be rejected, the specifica-
tions be modified, and to readvertise for bids. Motion was
made by Commissioner Puto and seconded by Commissioner
Stormont to authorize a Public Service Order to Post,
Buckley, Schuh & Jernigan, Inc. for an amount not to exceed
$1,460.00 for the purpose of revising the specifications and
to authorize a Public Service Order in an amount not to
exceed $14,000.00 to provide a survey to support the speci-
fications and authorizing the readvertisement of bids.
Motion carried unanimously.
The following bids were received for One New 1988
Heavy-Duty Diesel-Powered Dump Truck:
Duncan Ford
1618 Roosevelt Boulevard
Key West, Florida 33040
$ 59,907.00
Palmetto Truck Center
7245 N. W . 36th
Miami, Florida 33166
$ 58,863.00
South Florida Mack Trucks, Inc.
1925 Northwest 18th Street
Post Office Box 7070/304
Pompano Beach, Florida 33069
$ 64,173.40
South Florida Mack Trucks, Inc.
1925 Northwest 18th Street
Post Office Box 7070/304
Pompano Beach, Florida 33069
$ 59,949.00
(Alternate Bid)
Bob Chango, Inc.
3500 N. Roosevelt Boulevard
Key West, Florida 33040
$ 56,458.00
Motion was made by Commissioner Hernandez and seconded by
Commissioner Freeman to award the bid for one new 1988 Dump
Truck to Bob Chango, Inc. in the amount of $56,458.00.
Motion carried unanimously.
The Clerk advised the Board that he was in receipt
of one bid for one 1988 Wheel Tractor which was received
after the time designated for the filing of bids. Motion
was made by Commissioner Stormont and seconded by
Commissioner Freeman to authorize the Bid Committee to open
this bid. Motion carried unanimously.
The following bids were received for One New 1988
Mini-Van:
Bob Chango, Inc.
3500 N. Roosevelt Boulevard
Key West, Florida 33040
$ 12,276.00
Duncan Ford
1618 Roosevelt Boulevard
Key West, Florida 33040
$ 12,275.87
Ron Binns, Operations Superintendant, addressed the Board
and recommended the bid be awarded to Bob Chango, Inc.
Motion was made by Commissioner Puto and seconded by
LL . .013
Commissioner Freeman to award the bid for one new 1988 mini-
van to Bob Chango, Inc., in the amount of $12,276.00.
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to postpone for two weeks
consideration of bids for Second FBO at the Key West
International Airport. Motion carried unanimously.
PUBLIC WORKS
Mr. Binns discussed the issue of raccoons and
indicated that while the Animal Control Ordinance did not
specifically address wild animals, the Department would
assist with the present emergency to the best extent
possible. The Board indicated that they concurred with that
policy.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened at 1:30 p.m. with all members
present.
The Board of County Commissioners adjourned for a
meeting of the Land Authority.
*
*
*
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*
The Regular Meeting of the Board of County
Commissioners reconvened with all Commissioners present.
~;"""4
PLANNING, BUILDING ~ ZONING
Don Craig, Planning Director, discussed the Claude
Maintenance & Service Corporation's denial of a permit for a
sign by the action of the Planning Commission. The County
Attorney advised the Board that this matter was not properly
before the Board of County Commissioners. Motion was made
by Commissioner Puto and seconded by Commissioner Freeman to
refer this matter to the County Attorney for a written
report back in two weeks. Motion carried unanimously.
SOUNDING BOARD FOR PUBLIC INPUT
Curt Blair, representing the Health Council of
South Florida, addressed the Board concerning trauma trans-
fers and services. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to add peri-natal services
to the proposed RFP for trauma services. Motion carried
unanimously. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to authorize the adver-
tisement of the RFP for trauma services as amended. Motion
carried unanimously.
--.
Dave Hutchinson, representing Prudential-Bache,
addressed the Board. Prior to his presentation, he
expressed his appreciation to Mariners' Hospital for their
efficient response to his wife's recent emergency appendec-
tomy. Mr. Hutchinson discussed a Supplemental Deferred
Compensation Program for County employees. aotion was made
by Commissioner Puto and seconded by Commissioner Freeman to
authorize Prudential-Bache to offer the Supplemental Program
for Deferred Compensation to County employees. Motion
carried unanimously.
LL 014
Frank Turner addressed the Board concerning an
Independant Post-Secondary Trades School. Motion was made
by Commissioner Hernandez and seconded by Commissioner
Freeman to authorize the County Attorney to prepare and
advertise an Ordinance and to call for three Public
Hearings, which would authorize the payment and funding of a
trade school in the amount of $5,000.00. Roll call vote was
unanimous.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
amending and modifying Section 12-19, Monroe County Code, in
order to provide that those natural persons holding a State
salt water products retail and wholesale dealer's license
are exempt from obtaining a peddler's occupational license,
etc. Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. Proof of publication was entered into the
record. There was no public input. Motion was made by
Comissioner Puto and seconded by Commissioner Freeman to
continue to the next meeting. Motion carried unanimously
with Commissioner Hernandez and Commissioner Stormont not
present.
A Public Hearing was held on a proposed Ordinance
authorizing a $2,500.00 contribution to the Florida
Association of Counties Educational Foundation for construc-
tion of an office building in Tallahassee. Motion was made
by Commissioner Puto and seconded by Commissioner Freeman to
read by title only. Motion carried unanimously with
Commissioner Hernandez and Commissioner Stormont not pre-
sent. Proof of publication was entered into the record.
There was no public input. Motion was made by Commissioner
Puto and seconded by Commissioner Freeman to adopt the
following Ordinance authorizing a $2,500.00 contribution to
the Florida Association of Counties Educational Foundation
for the construction of an office building in Tallahassee;
requiring written assurances that the money will be placed
in an escrowed building fund; requiring written assurances
of the provision of semi-annual financial reports on the
fund; requiring written assurances that $2,500.00 will be
returned to the County in the event construction is not
begun within four years of the effective date of this
Ordinance; providing for severability; providing for repeal
of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code; and providing for
an effective date. Motion carried unanimously with
Commissioner Hernandez and Commissioner Stormont not pre-
sent.
ORDINANCE NO. 018-1988
See Ordinance Book No. 17 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
amending the Monroe County Code, Section 12-26 concerning
cafes, restaurants and other eating establishments. Motion
was made by Commissioner Puto and seconded by Commissioner
Freeman to read by title only. Motion carried unanimously.
Proof of publication was entered into the record. There was
no public input. eMotion was made by Commissioner Puto and
seconded by Commissioner Freeman to adopt the Ordinance.
During discussion, the motion was withdrawn. Motion was
made by Commissioner Puto and seconded by Commissioner
Freeman to continue to the next meeting. Motion carried
unanimously.
LL 015
A Public Hearing was held on a proposed Ordinance
creating Section 12-55, Monroe County Code, concerning occu-
pational license classification of mobile repair and/or ser-
vice business. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to read by title only.
Motion carried unanimously. Proof of publication was
entered into the record. There was no public input. Motion
was made by Commissioner Puto and seconded by Commissioner
Freeman to adopt the Ordinance. During discussion, motion
was withdrawn. Motion was made by Mayor Lytton and seconded
by Commissioner Freeman to continue to the next meeting.
Motion carried unanimously.
A Public Hearing was held on a proposed Ordinance
providing for the adoption of the National Fire Protection
Association Life Safety Code, Inc. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
read by title only. Motion carried unanimously. Proof of
publication was entered into the record. There was no
public input. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to adopt the following
Ordinance providing for the adoption of the National Fire
Protection Association (NFPA) 101, Life Safety Code, 1985
Edition, as part of said minimum Fire Safety Code; providing
for severability; providing for repeal of all Ordinances or
parts in conflict with this Ordinance; providing for inclu-
sion in the Monroe County Code; and providing for an effec-
tive date. Motion carried unanimously.
ORDINANCE NO. 019-1988
See Ordinance Book No. 17 which is incorporated herein by
reference.
The Chairman called the Public Hearing for the
Interim Acquisition Plan of the Land Authority which was
continued from the previous meeting. After discussion by
the Board and Staff, it was decided that this Public Hearing
would be discontinued as it was no longer necessary.
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals with all Commissioners present.
~
The County Attorney addressed the Board concerning
the procedure to be followed in the appeal. The Mayor
announced that thirty minutes would be allocated for each
side of the issue. Boyce Ezell, attorney representing
Mr. Pennecamp and Mr. Edwards addressed the Board in regard
to the appeal by Key Largo Lodge. For the record, there was
not a copy of the transcript of this case in the Clerk's
file. Carol Ann Wolf, attorney representing the Upper Keys
Citizens Association, attempted to introduce a "brief" into
the proceedings. Michael Halpern, attorney representing the
appellees objected to the admission of the new material.
Based upon the opinion of the County Attorney, the Chair
ruled that the material would be inadmissable, but could be
proffered for the record. Attorney Carol Ann Wolf then
proffered the material for the record. Ms. Wolf addressed
the Board concerning their appeal. Mr. Ezell addressed the
Board concerning their appeal. Jim Hendrick and Michael
Halpern, attorneys representing the appellee addressed the
Board. Carol Ann Wolf, attorney, and Boyce Ezell, attorney,
then offered rebuttal remarks. Charles Pattison, former
Director of the Planning Department, was questioned con-
cerning the land use designation of the property in
LL
O~
; I
W
question. Motion was made by Commissioner Stormont~1 grant
the appeal and reverse the decision of the Planning
Commission based upon the following:
1) Failure of Board to conduct Hearing according to
Section 5-106 C.l oath or affirmation.
2) Failure of Board to make findings of fact required
under Section 5-107 B.
3) Failure to require appropriate boundary showing
mean high tide survey required for Sections 3-101,
G-4, S-17, L-l, P-l, S-3, 9-406, 9-301.
4) Failure to observe access of the public under
5-305 H.
5) Failure to require either 9-802 HEI or 9-803
written waiver evidenced by Biologist letter
dated December 9, 1987 to Mr. Ezell.
6) Failure to verify documentation ownership required
under Section 3-101 0-7 in relationship to Section
5-106 C. 1.
7) Failure to adhere to Section 5-305 B "Community
Character of the Immediate Vicinity."
8) Failure to determine financial and technical
capability required by Section 5-305 F.
9) Failure to obtain design fulfillment and building
commitment for hurricane shelter under Section
9-403.
10) Failure to adhere to Section 3-101, D-3, H-7, D-lO,
D-12, D-ll, D-13, D-14, D-15, D-16, D-17, D-18,
9-302, 9-307, and 9-213 in calculating density.
11) Failure to consider 9-226 aggregation of development
and interpretation/procedures 124 dated August 14,
1987.
12) Failure to permit public comment on conditions
formulated outside of Public Hearing.
13) Improperly placed Condition IA in violation of
Section 9-1405.
14) Improperly placed Condition IC in violation of
Section 5-305H.
15) Improperly placed Condition III in violation of
Section 3-101 D-3, H-7, D-IO, D-ll, D-12, D-13,
D-14, D-15, D-16, D-17, D-18, 9-302, 9-307, and
9-213.
16) Improperly placed Condition VIII in violation of
Section 9-226.
17) Failure to act appropriately under Florida Statutes
Chapter 65-1942, Florida Statutes Chapter 816-389,
referendum wording requirement of November 4, 1986
in adhering to the 4/5ths Rule.
18) Failure to place condition required under Section
5-307 for return with Final Development Plan
\}{
\
\
.
I
\
.
. '
~videnced by November 12, 1987 transcript pgs 42, 43
and 44 and December 10, 1987 transcript pgs 34 and
35.
1
i
i
LL
017
Said motion in accordance with 5-107 B-3 as to "a clear sta-
tement of specific findings of fact and a statement of the
basis upon which such facts were determined, with specific
reference to the relevant standards set forth in these regu-
lations, including but not limited to the standards."
Motion died for lack of a second. Motion was then made by
Mayor Lytton and seconded by Commissioner Puto to adopt the
following Resolution upholding the decision of the Planning
Commission and denying the appeal for a Development Order
granting a Development Project known as Key Largo Lodge
for Major Conditional Use approval.
RESOLUTION NO. 120-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
Motion carried.
Carol Ann Wolf, attorney representing appellant,
addressed the Board concerning the appeal of Residence Inn
Ocean Resort. She advised the Board that it was her
understanding the appeal would be continued. Motion was
made by Commissioner Hernandez and seconded by Comissioner
Freeman to continue the appeal to the next meeting. Motion
carried unanimously.
Mr. Mattson, representing the appellee addressed the
Board concerning the appeal of Bartoscos Bros. There was no
one present representing the appellant. Motion was made by
Commissioner Puto and seconded by Commissioner Hernandez to
adopt the Resolution uphOlding the decision of the Planning
Commission, and denying the request of Bartoscas Brothers,
Inc. to reverse the decision of the Planning Commission of
Monroe County which denied its application for alcoholic
beverage approval for property located in Key Vaca, Monroe
County. Roll call vote was unanimous.
RESOLUTION NO. 121-1988
See Res. Book No. 65 which is incorporated herein by
reference.
The Board of Appeals adjourned.
*
*
*
*
*
~,'''''''''
There being no further business, the Board of County
Commissioners adjourned.
*
*
*
*
*
I
'-
O,~y~!: ~A~~'~04~E
(305) 294.4641
Plantation Key Government Center
Tavernier, Florida 33070
Telephone: (305) 852-5050
MEMORANDUM
To: County Commission
Capt. Brown
From: John Stormont
Commissioner - District Five
~ ct\.V'f\ ~('--_~
BOARD OF COUNTY COMMISSIONERS
Jerry Hernandez, District 1
MA YOR Gene Lytton, District 2
Wm. Billy Freeman, District 3
Mayor Pro tem Mike Puto, District 4
John Stormont, District 5
Subject: Schedule for Harry Harris Park use by Upper Keys teams
Date: February 29, 1988
Attached, please find a schedule to be used by the various
Upper Keys ball teams for the use of Harry Harris Park, with the
new lights in place.
The schedule was designed by the Upper Keys Athletic
Association and the Community Recreation Association, in
conjunction with the Public Works department for the Upper Keys.
In that the Park is a public, community park, first
preference has been given (and will be given) to community
organizations, such as the Little League, the Men's Softball
League and the Women's Softball League.
Their use for actual games and for practice sessions has
been scheduled above all others.
As can be seen, the Coral Shores Gi.rl's Softball team has
asked for specific dates for games.
The Associations were able to accommodate 5 out of the nine
home games, simply because there were no conflicting dates.
However, the four games (April 12, 15, 16 and 19) do conflict and
cannot be accommodated.
Coral Shores High School itself does have a lighted ball
field, and it is not known why the Girl's Softball team cannot be
accommodated on school property.
For several years, that team has been able to play on the
Harry Harris field, when not in use, but with the addition of
IWp..~1.J
lights, the Little League players who used to use the Key Largo
Elementary field are shifting to the Harry Harris field, thus
increasing the use of both fields at Harry Harris Park.
The County has, in the past, accommodated the Coral Shores
High School team, at no cost to the school, even though the
school has it's own lighted field, as well as opportunity to use
the Plantation Key Elementary School field for practice.
In the past, when outside activities (such as Little League
and the Men's or Women's Softball leagues) had requested use of
Coral Shores High School field, they have been permitted to do
so, but only by paying for the use of the lights (approximately
$75.00 per night was quoted). The County, on the other hand,
will be permitting the Girl's High School team to use Harry
Harris field (and lights) at no cost, when other activities are
not in conflict.
The league's ask your approval of the attached schedules
(through September), so that Capt. Brown and Public Works are
aware of usage, and are able to respond to other scheduling
requests when others seek to use the field.
It is suggested that the Commission re-affirm the policy of
utilization by community groups, with first priority, and then
accommodate others, like the School Girl's Softball Team, only
when able and not conflicting, since they do have alternative
sites which can be utilized, and the community teams do not.
,1
-"
Coral Shores
High School
69901 OLD ffiGHWAY
A VERNlER. FLORIDA 33070
(05) 852-9264
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SOFTBALL SCHEDULE
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