Loading...
05/03/1988 Regular LL 078 ., ._~ ............ Board of Tuesday, Marathon ..... ""---. .", County Commissioners May 3, 1988 Sub Courthouse A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Marathon Sub Courthouse. Present and answering to roll call were Commissioner William Freeman, Commissioner Jerry Hernandez, Jr., Commissioner John Stormont, and Mayor Pro Tem Michael Puto. Absent from the meeting was Mayor Eugene Lytton, Sr. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Tom Brown, County Administrator; Howard Tupper, Development Review Coordinator; 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 Mayor Pro Tem Puto introduced the Supervisor of Elections, Peter K. Ilchuk, Mayor Mickey Feiner of Key Colony Beach, Bob Self of AT&T, and members of the Press. Peter Ilchuk, Supervisor of Elections, addressed the Board concerning his request to purchase certain elec- tions equipment. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to authorize and approve the recommendation from the Supervisor of Elections to declare an emergency and authorize the purchase of elec- tions equipment from ITG Corporation with the consideration that an emergency exists requiring the exception of the purchase to the competitive bidding requirements by the State Divisions of Elections, Rule lC-7.004. Motion carried unanimously. Mayor Pro Tem Puto presented an Appreciation Plaque and Proclamation to Frederick C. Mannillo for his outstanding service as Chairman of the Florida Keys Council for the Handicapped. Mayor Pro Tem Puto presented a Proclamation proclaiming the week of May 9th - May 15th, 1988, as "RED RIBBON - JUST SAY NO TO DRUGS WEEK" to Barbara Duck of Informed Families of Marathon. Commissioner Hernandez introduced Gordon Jones, a former classmate of his who had returned to Monroe County to reside in Key Colony Beach. Mayor Pro Tem Puto presented a Commendation to Key Colony Beach represented by Mayor Mickey Feiner and Mrs. Lawrence of the Key Colony Beach Beautification Committe for the Landscaping project at the entrance to Key Colony Beach. Motion was made by Mayor Pro Tem Puto and seconded by Commissioner Hernandez to approve the use of Sombrero Beach on the evening of May 28, 1988. Motion carried unanimously. I LL 079 Motion was made by Commissioner Freeman and seconded by Commissioner Hernandez to adopt the following Resolution opposing the practice of diving for sponges in Monroe County, Florida. Motion carried unanimously. RESOLUTION NO. 186-1988 See Res. Book No. 66 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve travel for all County Commissioners to the NALEO Conference on June 9 thru June 11, 1988. Motion carried unanimously. The meeting of the Board of County Commissioners adjourned. * * * * * BEACH AUTHORITY The Board of County Commissioners sat as the Beach Authority Advisory Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution opposing the removal of the seawall by the West Martello Towers in the City of Key West. Motion carried unanimously. RESOLUTION NO. 002-1988 See Res. Book No. 1 which is incorporated herein by reference. Commissioner Hernandez discussed the preparation of specifications to advertise for beach cleaning services. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to direct the County Consulting Engineers; Assistant County Administrator for Public Works, Dent Pierce; Randy Sterling of the City of Key West; County Administrator, Tom Brown; and City Manager, Mr. Witker to prepare specifications for advertisement for beach cleaning services, with funding to come from the Tourist Development Council funds in accordance with all of the necessary proce- dures. William Westray addressed the Board. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto Yes Yes No Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the adver- tisement of the specifications for beach cleaning services upon their completion. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto Yes Yes No Yes Motion carried. Commissioner Hernandez and Staff discussed a proposed agreement between Monroe County and the City of Key West concerning the removal of the Australian Pines I LL,080 from Rest Beach. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to request the Board of County Commissioners to direct the County Administrator to meet with the City's staff to proceed with the project for the removal of the Australian Pines from the Rest Beach area. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to appoint Johnny Mayne to assist and coordinate with the Beach Authority and the Beach Advisory Board members for handicapped review of beach access at no compensation. Motion carried unani- mously. Commissioner Hernandez discussed the proposed study of the pier and offshore waters. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize Post, Buckley, Schuh & Jernigan, Inc. to per- form the study of the White Street Pier and offshore waters not to exceed $63,000.00, making use of the County staff as much as possible, with funding to come from Tourist Development Council after following all the necessary proce- dures in accordance with Chapter 125 and Chapter 161 of the Florida Statutes. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto Yes Yes No Yes Motion carried. Paul Wick, Grants Manager, addressed the Board concerning application for grants of a parking study for beaches in the amount of $40,000.00 and the grant to purchase certain lands adjacent to Rest Beach to provide for public access. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to allocate $6,000.00 from the Tourist Development Council's money to provide match for a grant for a parking study of the beach areas, and if said funding is not available from the Tourist Development Council, a report shall be brought back to the Board of County Commissioners. Roll call vote was unani- mous. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to approve the request for the adoption of a Resolution by the Board of County Commissioners concerning the inclusion of Monroe County in the Beach Management Plan sponsored by the Department of Natural Resources. Motion carried unanimously. The meeting of the Beach Authority adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. Motion made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution concerning the inclusion of Monroe County, Florida in the Beach Management Plan sponsored by the Department of Natural Resources. Motion carried unanimously. RESOLUTION NO. 187-1988 See Res. Book No. 66 which is incorporated herein by reference. LL .081 Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution of the Board of County Commissioners opposing the removal of the seawall by the West Martello Towers in the City of Key West with the following amendment "except as may be altered to further protect the Fort according to coastal engineering studies and verifications." Roll call vote was unanimous. RESOLUTION NO. 188-1988 See Res. Book No. 66 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to direct the County Administrator's Office to proceed with the organization of the Trauma District Advisory Boards and to provide a report to the Board of County Commissioners concerning the costs of establishing the necessary administrative structure. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to direct the County Administrator and the County Attorney to establish the admi- nistrative framework in which the Beach Authority will operate to review funding requirements and operational guidelines. During discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to continue to the next meeting. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto Yes Yes No Yes Motion carried. The Board discussed a proposed Resolution con- cerning the principals for guiding development. Fred Tittle, attorney, addressed the Board and indicated that in his opinion, the Board should not support any form of prin- cipals for guiding development in that since the adoption of the Land Use Plan they were no longer required. After Board discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to postpone consideration of this item to a Special Meeting to be called when Mayor Lytton returned to the County. Motion carried unanimously. William Westray addressed the Board. Mayor Pro Tem Puto called a Special Meeting for May 5, 1988 at 10:00 a.m., 310 Fleming Street, for the purpose of considering this Resolution. Motion carried unanimously. Motion was made by Commission Hernandez and seconded by Commissioner Freeman to authorize travel for Johnny Mayne of the Veterans Affairs Office to the Hurricane Conference in Tampa on June 1 thru June 3, 1988. Motion carried unanimously. Commissioner Hernandez discussed volunteer drivers of the Veterans Affairs van. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize travel for volunteer drivers of the Veterans Affairs transportation van. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to direct Tom Brown, County Administrator, to transfer Johnny Mayne to the Veterans LL V8~ Affairs Office since he was now working with the Veterans transportation van and that his services to the Code Enforcement Department should be provided out of the Veterans Affairs Office, and to authorize appropriate travel reimbursement in accordance with Florida Statutes. Motion carried unanimously. Commissioner Stormont discussed recent disapproval of some requests for special events money for reimbursements associated with a diving-oriented trade show by the Tourist Development Council. This matter was referred to the County Administrator. COUNTY ATTORNEY Lucien Proby, County Attorney, advised the Board that he had just conversed with Representative Saunders and that the legislation concerning the adoption of the prin- cipals for guiding development was being held up until the Board of County Commissioners took some action in that regard. Further consideration of this matter was continued to the Special Meeting called for May 5, 1988. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution directing the Chairman of the Board to execute a Lease Agreement between K mart Corporation and Monroe County concerning the Key Largo Branch Public Library. Motion carried unanimously. RESOLUTION NO. 189-1988 See Res. Book No. 66 which is incorporated herein by reference. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the following items by unanimous consent: Board approved the transfer of $15,000.00 from the Courthouse and Annex Insurance and Bonds line item to O.A.B. Insurance and Bond line item. Board authorized payment of TOC expenditures in the amount of $467,369.75 (Input Range 3/22/88 to 4/12/88), sub- ject to final invoice approval by the Finance Department. Board authorized payment of the TOC expenditures in the amount of $1,050.00 (Input Date 4/11/88), from the first year collection of the third penny. Board authorized payment of TOC expenditures in the amount of $4,115.46 (Input Date 4/19/88), subject to final invoice approval by the Finance Department Board approved AT&T Term Purchase Plan Agreements (2) (Contract No. 014-253-6143) for offices located in the Chaplin Building, Marathon. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Fred W. Berthoff for 529 square foot enclosure for a garage to be built below the 100 Year Flood Elevation, on Lot 31, Block 16, Cudjoe Gardens, 5th, Cudjoe Key; Zoned IS - Improved Subdivison; Coastal Flood Zone A-8, Panel l492D. LL 083 Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Eugene R. pellico for 650 square foot enclosure for storage and parking only on Lot 1, Block 2, Rockland Village, Rockland KeY1 Zoned IS - Improved Subdivision1 Coastal Flood Zone A-10, Panel l733C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Joseph Sampson for after the fact enclosure of 900 square foot for storage and parking only on Lot 40, Sugarloaf Shores, Section D, Shore Lane, Sugarloaf KeY1 Zoned IS - Improved Subdivision1 Coastal Flood Zone A-10, Panel l490C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Southern Bell Telephone Company 40 x 38 square foot for limited storage only with electric above the 11 foot eleva- tion on Lots 7 thru 11, Block 2, Coco Plum Beach, Fat Deer KeY1 Zoned CFSD-3 - Commerical Fishing Special District #31 Coastal Flood Zone A-13, Panel l582C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of John C. Turner for 900 square foot enclosure for storage and parking only at Lot 12, Sugarloaf Shores, Section B, Sugarloaf KeY1 Zoned IS - Improved Subdivision1 Coastal Flood Zone V-12, Panel l493C. Board authorized payment of a refund in the amount of $66.00 to Installers Unlimited due to an overcharge of permit fees for shutters. COUNTY ATTORNEY Board granted permission to advertise for a proposed Ordinance concerning Code Enforcement violations. MUNICIPAL SERVICES (WASTE) Board approved the transfer of funds from Reserve for Contingency in the amount of $10,000.00 to Pollution Control for Maintenance Equipment. SOCIAL SERVICES Board approved Amendment #1 to Contract #LB760, Emergency Feeding Organization (EPO), between Department of Health and Rehabilitative Services and Monroe County. Board approved Amendment #2 to Contract '88-55-878, Community Care for the Elderly (CCE) between united Way of Dade County/Area Agency on Aging for Dade/Monroe Counties and the Board of County Commissioners. PLANNING, BUILDING ~ ZONING Board approved the purchase of a new Merlin Communication System Upgrade for the Growth Management Division. Board approved and authorized the Assistant County Administrator for Growth Management to prepare and distribute for requests for proposals to remodel Wing III of the Stock Island Complex. I LL 084 Board granted permission to advertise a proposed Ordinance providing for the regulations of fence height and set back requirements within the unincorporated areas of Monroe County, etc. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh in the amount of $2,776.95, for professional services in re: New Port Largo vs. Monroe County. 2. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,840.00, for Invoice No. One (Final) for Boundary/Mean High Water and Topographic Survey, Tract 32, Key West. 3. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,610.00, Invoice No. One (Final) for Boundary and Topographic Survey, Tracts OW, OS, RW and OX, Pine Key Acres. 4. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $380.00, Invoice No. Fifteen for Plantation Key Wastewate Treatment Plant. 5. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $1,863.75, Invoice No. Ten for completion of the InterioI Finishing of the Third Floor Jail Addition. 6. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $3,250.68, Invoice No. Ten for County Clerk's Space & Judge's Chamber/Courtroom Conversions. 7. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $618.96, Invoice No. Eight for the Sheriff's Substation and Administrative Office, Cudjoe Key. 8. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $4,098.50, Invoice No. Thirteen for Environmental Permitting and Final Design on Higgs Beach/Pier Project. 9. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $54.85, Invoice No. Seven for Harry Harris Park Improvements/Project. 10. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $4,331.03, Invoice No. Nine for Repairs/Modifications to Gun Mounts, Higgs Beach Project. 11. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $5,361.31, Invoice No. One for Response to Agency Comments - Harry Harris Park Project. 12. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $17,127.37, for Monthly Invoice for Road Work, February 27 through March 25, 1988. 13. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $4,979.39, for General Capital Improvements Projects for professional services from February 29 through March 25, 1988. 14. Winifred Sheridan Smallwood, in the amount of $855.00, for professional services in re: Code Enforcement from March 15 through March 21, 1988. LL '085 15. Winifred Sheridan Smallwood, in the amount of $795.00, for professional services in re: Code Enforcement from March 7 through March 14, 1988. 16. winifred Sheridan Smallwood, in the amount of $231.60, for professional services in re: Code Enforcement from March 22 through March 28, 1988. ....~'" 17. Winifred Sheridan Smallwood, in the amount of $46.20, for professional services in re: Code Enforcement from March 29 through April 8, 1988. 18. Winifred Sheridan Smallwood, in the amount of $945.00, for professional services in re: Code Enforcement from February 2 through March 7, 1988. Board approved the Regular Meeting Schedule of the Monroe County Board of County Commissioners for the second half of 1988 as follows: Meeting Time: July 5, 1988 July 19, 1988 August 2, 1988 August 16, 1988 September 6, 1988 September 20, 1988 October 4, 1988 October 18, 1988 November 1, 1988 November 15, 1988 December 6, 1988 December 20, 1988 * - Indicates area only. 9:00 A.M. Key West - * Tavernier Elks Club Marathon - * Key West - * Plantation - * Key Colony Beach City Hall Key West - * Tavernier Elks Club Marathon - * Key West - * Plantation - * Key Colony Beach City Hall Location to be announced. Board approved the request from Donna J. Perez, Risk Management Coordinator, to seek proposals for Risk Consulting Services. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Jeffrey J. Elenewski, Ph.D., in-the amount of $200.001 Richard Hellmann, Ph.D., in the amount of $300.001 Tanju Mishara, Ph.D, in the amount of $400.00. COURT APPOINTED ATTORNEYS T. Nicholas Thomes, in the amount of $842.301 Merrell F. Sands, III, in the amount of $1,448.75. OTHER EXPENSES & COSTS, P. D. R. Security Services, in the amount of $790.00; Louis J. Spallone, Clerk, in the amount of $100.001 State of Florida, in the amount of $218.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $348.001 Barlow & Jones, in the amount of $266.651 Florida Keys Reporting, in the amount of $370.801 Laws Reporting, Inc., in the amount of $322.801 Nancy J. Maleske, in the amount of $576.201 and Nichols & Hardy Court Reporters, in the amount of $132.60. I LL086 COURT INTERPRETER SERVICES, Juan Borges, in the amount of $125.00; Serafin Calero, in the amount of $45.00; Basia Dziewanowski, in the amount of $25.00; Jerome Grape1, in the amount of $50.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $2,198.15; Regular Witness Fees, in the amount of $15.00. Board approved the following Warrants: GENERAL REVENUE FUND, #86939-#87629, in the amount of $1,480,587.65. ---- SUPPLEMENT TO GENERAL REVENUE FUND, #230-#231, in the amount of $30,91~16. FINE & FORFEITURE FUND, #701-#706, in the amount of $20,117.7~ - ---- AIRPORT OPERATION & MAINTENANCE FUND, #458-#460, in the amount of $13,070.78. - ---- ROAD & BRIDGE FUND, #505-#506, in the amount of $276,142.~ - ---- MSD TAX DISTRICT, #1091-'1101, in the amount of $289,490.39. --- MSD - MARINE BANK (Marathon), #423-#426, in the amount of-sI73,262.38. LAW LIBRARY FUND, #234-#235, in the amount of $1,738.25:-- ---- CAPITAL PROJECTS FUND, #287-'288, in the amount of $71,245.05. CARD SOUND BRIDGE FUND, #220-#221, in the amount of $8,299.17:--- ---- WORKERS COMPENSATION, #2497-#2505, in the amount of $11,816.58. TOURIST DEVELOPMENT COUNCIL, #489-#500, in the amount of $190,693.23. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #238-#239, in the amount of $2,465.25. TRANSLATOR FUND, #175, in the amount of $3,383.25. ---- $45.06. CROSS KEY WATERWAY, i57, in the amount of 003 COMMUNITY DEVELOPMENT BLOCK GRANT, #02-'03, in the amount of $74,160.53. 715 MARINERS HOSPITAL SPECIAL TAXING DISTRICT, #35, in the amount of $675.56. 716-717 SPECIAL TAXING DISTRICT, PLANNING, BLDG ~ CODE ENFORCEMENT, 1127-#128, in the amount of $95,507.48. 718 VENETIAN SHORES SPECIAL ROAD DISTRICT, '08, in the amount of $33.36. LL 987 310-314 FAIR SHARE IMPROVEMENT TRUST ACCOUNT, 402, in the amount of $1,585.90. Board waived the provisions of Florida Statutes 112.313 (3) and (7) pursuant to Florida Statutes 112.313 (12) and approved Tourist Development Trust Fund Expenditures as follows: ",,~,,-.,~ Gulfstream Advertising - Invoice for print $ 1,800.00 production (Islamorada Offshore Powerboat Race) Gulfstream Advertising - Invoice for media $ production (Mini Powerboat Race) 604.00 TOTAL $ 2,404.00 Board approved and authorized execution of two Lower Keys Hospital District Board Bonds from Dr. Kevin Ray Chesebro and Sally Anne Parr. Board adopted the following Resolutions concerning receipt of unanticipated funds for fiscal year 1987-88. RESOLUTION NO. 190-1988 RESOLUTION NO. 191-1988 RESOLUTION NO. 192-1988 RESOLUTION NO. 193-1988 RESOLUTION NO. 194-1988 See Res. Book No. 66 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the fiscal year 1987-88. RESOLUTION NO. 195-1988 See Res. Book No. 66 which is incorporated herein by reference. Board accepted the Sheriff's Quarterly Report of Forfeited Vehicles/Vessels relating to forfeitured contraband articles for the Quarter ending March 31, 1988. Board accepted the Sheriff's Report of Claims in Excess of Costs for the Quarter ending March 31, 1988. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to approve the amended Lease Agreement between the United States Postal Service and Monroe County for 575 square feet of office space in the Post Office Building located at 323 Fleming Street, Key West. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to approve a Major Conditional Use Development Order issued by the Planning Commission on April 14, 1988 for the Sheriff's Sub Station, Cudjoe Key. Motion carried unanimously. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the translator and the possibility of an appeal on the Rule Change denial. Motion was made by Commissioner Hernandez I I LL nS8 and seconded by Commissioner Freeman to authorize the County Attorney to proceed to direct the filing of an appeal to the Rule Change concerning the translator channel allocation. Motion carried unanimously. The County Attorney advised the Board that several Port Bougainville suits had been settled pending the pro- posed sale to the State of Florida. Mr. Proby advised the Board that at the Board's request to put the infrastructure sales tax on referendum, he could not comply due to Florida Statutes prohibiting any submission referendums between March and December of 1988. The County Attorney discussed the Key Largo Lodge litigation. He advised the Board that Jim Hendrick, attorney, had been retained to defend the Planning Commission and the Spottswoods' firm had been retained to defend those individuals who were sued individually. He further advised that the County has been sued by Mr. J. Glenn for inverse condemnation. The County Attorney discussed fees for the prosecu- tion of the MacIntyre case. MANAGER OF MUNICIPAL SERVICES Charles Aguero, MSD Manager, discussed with the Board his meetings with the Department of Community Affairs concerning the contract and contract extensions for the funding of the Waste Study by Hazen & Sawyer. Mr. Aguero indicated that DCA would be processing a payment of approxi- mately $130,000.00 within the next two weeks and that it was necessary to make payment to Hazen & Sawyer of all outstanding invoices prior to the end of June 30, 1988, so that they could be considered for reimbursement. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to approve payment of the following invoices to Hazen & Sawyer: Invoice # 5 Invoice # 6 Invoice # 7 Invoice # 8 Invoice # 9 Invoice #10 Invoice #11 $ 28,413.12 35,397.78 154,359.64 22,951.15 66,525.00 13,697.27 70,896.76 Motion carried unanimoUSly. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners present. SOUNDING BOARD FOR PUBLIC INPUT Anne M. Deseta of Langton & Associates addressed the Board concerning their work being done for grants in Monroe County. Paul Wick, Grants Manager, addressed the Board con- cerning the CDBG Grant process and the formula used to rank applicants. He indicated that the County should pursue litigation to contest the discriminatory factors of the for- mula used by DCA to grant CDBG funding. Motion was made by Commissioner Hernandez and seconded by Mayor Pro Tem LL C89 Puto to direct the County Administrator, the Grants Manager, and Langton & Associates to meet with the County Attorney to investigate the feasibility of a suit against the Department of Community Affairs concerning the CDBG formula and report back to the Board. Motion carried unanimously. ,....,-..><.... John Carter of Keys Sanitary addressed the Board concerning current contracts for waste collection and waste collection procedures. Mayor Mickey Feiner addressed the Board. No action was taken. MANAGER OF MUNICIPAL SERVICES Charles Aguero, MSD Manager, discussed proposed legislation in Tallahassee concerning Solid Waste. The MSD Manager also discussed the recent lease of property in Marathon and recommended that the Lease be modified to provide that the 60-day cancellation clause would not apply to the first year. Motion was made by Commissioner Hernandez and seconded by Commissioner Stormont to adopt the following Resolution authorizing the prepara- tion of a Lease Amendment and execution of said Lease bet- ween Monroe County and Victor DeMarais, with the elimination of the 60-day cancellation clause from the first year. Motion carried unanimously. RESOLUTION NO. 196-1988 See Res. Book No. 66 which is incorporated herein by reference. Mr. Aguero discussed the availability of some property in Big Pine Key at a rental of approximately $2,000.00 per month on Industrial Boulevard for the purpose of storing abandoned vehicles. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the MSD Manager to negotiate the lease of said property and report back to the Board. Motion carried unanimously. Prudence Fleming of the League of Women Voters addressed the Board and gave a vote of thanks to Mr. Aguero for his assistance with the new legislation being proposed concerning recycling. Ms. Fleming also discussed the posi- tion of the League of Women Voters concerning the need for everyone to reduce the amount of waste produced. The MSD Manager discussed a meeting with the local officials of the Department of Environmental Regulation. No action was taken. DIRECTOR OF PLANNING Al Owens of Marathon Air Service addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to waive the impact fees on the Marathon Air Project at the Marathon Airport since the property was owned by the County, and contingent upon a favorable opinion from the County Attorney. During discussion, motion was made by Commissioner Stormont to table this matter. Motion to table died for lack of a second. Roll call vote on the original motion was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto Yes Yes No Yes I I LL 090 Motion carried. Motion was then made by Commmissioner Hernandez and seconded by Commissioner Freeman to waive the building permit fees in the amount of $3,089.30 contingent upon a favorable opinion from the County Attorney's office. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto Yes Yes No Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held on a proposed Resolution concerning the abandonment of a portion of Trinidad Road located in Breezeswept Beach Estates Subdivision. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Proof of publica- tion was entered into the record. Erol Veral, attorney for the Petitioner, addressed the Board. Motion was made by Commissioner Hernandez to approve the Resolution. During discussion, motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Hernandez to continue consideration of this proposed Resolution to the next Key West meeting. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Monroe County Code Section 13.5-1 concerning Harry Harris Park, etc. The County Attorney read the Ordinance by title only. Proof of publication was entered into the record. Chuck Shafstall, President of the Community Recreation Association, addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to amend the proposed Ordinance to provide for closing of the field at 10:30 p.m. Motion carried unani- mously. The following persons addressed the Board: Mr. Askew, President of the Little League Association, Mr. Herman, a resident of Tavernier, Robert Redman and Donna Roberts. Motion was made by Commissioner Hernandez 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 Public Hearings if and when the County Commission of Monroe County intends or desires to transfer the Veterans Affairs Department of Monroe County to any department, etc. The County Attorney read the proposed Ordinance in its entirety. Proof of publication was entered into the record. Pat Walsh, Chairman of VetPac, addressed the Board and indicated that he supported the pro- posed Ordinance. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to continue to the next meeting. Motion carried unanimously. DIRECTOR OF PLANNING Howard Tupper, Development Review Coordinator, addressed the Board and recommended denial of an Application for Variance to the Flood Hazard Ordinance of Clarence and Mary Schatz for a 624 square foot addition, 651 square foot deck, 482 square foot carport and utility room, renovations and new roof below the 100 Year Flood Elevation on Lots 9 and 10, Coral Colony, Key Vaca; Zoned IS - Improved Subdivision; Zoned A-13, Panel l58lC. Patty Becker of the I LL 091 Building Department also addressed the Board. David Manz, attorney representing Clarence and Mary Schatz, addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to refer this matter back to Staff for further negotiations with the Applicant. Motion carried unanimously. EMERGENCY SERVICES Reggie paros, EMS Director, addressed the Board concerning the proposed consolidation of the fire and ambulance districts. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize the County Attorney to prepare and advertise the necessary Ordinance to consolidate fire and ambulance districts. Motion carried unanimously. The EMS Director advised the Board that he is currently in receipt of billings that were due concerning trauma care in the amount of $614,000.00. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt the following Resolution confirming that all transfers must be made in accordance with the provisions of the terms of the Contract between Monroe County and Baptist Hospital. Motion carried unanimously. RESOLUTION NO. 197-1988 See Res. Book No. 66 which is incorporated herein by reference. PUBLIC WORKS Motion was made by Commissioner Hernandez and secondec by Commissioner Freeman to approve the advertisement for road closure of a section of First Avenue, Stock Island, due to illegal dumping, derelict vehicles, drug usage and vagrancy. Motion carried unanimously. AWARDING BIDS The Board was advised of receipt of the following bids for renovation of Higgs Beach Pier: Frank Keevan & Sons Second Street Stock Island Key West, Florida $ 217,400.00 Toppino's Inc. P. O. Box 787 Key West, Florida $ 287,995.00 Lucas Marine Construction, Inc. 513 U.S. Highway tl, Suite 214 North Palm Beach, Florida $ 287,000.00 McAnallen/Porter 1100 Gillespie Avenue Sarasota, Florida $ 293,711.00 Kelly Brother, Inc. Rt. 4, Box 42l-D Ft. Myers, Florida $ 283,000.00 Dent Pierce, Assistant County Administrator for Public Works, recommended postponement of the bid awarding until more information could be obtained concerning the grant funding. After discussion, motion was made by Commissioner I LL D92 Hernandez and seconded by Commissioner Freeman to award the bid for renovation of Higgs Beach pier to Frank Keevan & Sons in the amount of $217,000.00. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto Yes Yes No Yes Motion carried. DIRECTOR OF PLANNING Howard Tupper, Development Review Director, discussed Tarpon Lodge and their request for postponement of payment for impact fees to the issuance of the Certificate of Occupancy as opposed to the issuance of the permits. Mr. Tupper advised the Commission and Staff that he recommended denial of this request as it was in opposition to the requirements of the Land Use Plan. Jim Lewis, representing Tarpon Lodge, and Frank Mansen addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the payment of impact fees by Tarpon Lodge upon issuance of the Certificate of Occupancy, to be paid within one year. During discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to postpone this matter to the next meeting. Motion carried unanimously. The Board clarified the fact that the Bulk Approval of Item 10-3 included the Board's acknowledgement of the waiver of the Administrative Order on purchasing, and the confirmation that it was a sole source supplier due to the other equipment in the department. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to approve final payment to the South Florida Regional Planning Council, in the amount of $39,000.00, as per the Memorandum of Agreement for Technical Assistance. Motion carried unanimously. Bud Post addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the North Key Largo Habitat Conservation Plan Contract with the firm of Dames & Moore for phase 1 and 2 of the project consisting of verification and update of the existing data base mapping and scoping of the project, to authorize work to begin immediately, and to authorize the Assistant County Administrator to begin negotiations with the landowners of the parcels within the HCP, to secure their monetary participation for completion for phases 3 through 5. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto Yes Yes No No Motion failed. Motion was then made by Commissioner Stormont and seconded by Mayor Pro Tem Puto to approve the above- mentioned and providing for an extension of the deadline date to December 1988. Roll call vote was taken with the following results: I LL 093 Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Pro Tem Puto No No Yes Yes Motion failed. Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem Puto to continue this item to the next meeting. Roll call vote was unanimous. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize payment in the amount of $25,000.00 to the County Property Appraiser for the Report of the Effects of the Land Use Plan on the Appraisal Process. Motion carried unanimously. COUNTY ADMINISTRATOR Michael Managan, Assistant County Administrator, addressed the Board concerning a JTPA grant application con- cerning the certification of recipients in the Keys. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the submission of the grant application. Motion carried unanimously. Tom Brown, County Administrator, discussed the work on the Regional Permitting Facility in the Marathon area. He indicated that it would be necessary to attempt to sub- let property from the Florida Keys Aqueduct Authority which was adjacent to the property being considered for the faci- lity. Motion was made by Commissioner Freeman and seconded by Commissioner Hernandez to authorize the County Administrator to negotiate with FKAA for the lease of property adjacent to the proposed Regional Permitting Facility in Marathon. Motion carried unanimously. The County Administrator advised the Board that he would be away on County business throughout next week and that R. Michael Managan, Assistant County Adminsistrator, would be acting in his stead. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to confirm the appointment of John J. Connolly as Director of Roads and Bridges. Motion carried unanimously. The Board of County Commissioners adjourned for a meeting of the Beach Authority. * * * * * BEACH AUTHORITY Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution amending Resolution No. 001-1988 regarding the Department of Natural Resources beach access initiative grant application. RESOLUTION NO. 003-1988 See Res. Book No. 1 which is incorporated herein by reference. The Beach Authority adjourned. * * * * * The Board reconvened as the Board of County Commissioners with all Commissioners present. LL 094 Motion was made by Commissioner Freeman and seconded by Commissioner Hernandez to approve the apoint- ments of the following memebers to the Citizens Jail Advisory and Planning Committee: Mayor Lytton, Kirk Zuelch, Tom Brown, Jeff Fisher, Robert Senor, David Kirwan, City Commissioner, Sheriff Freeman, Ray Long, Theresa Westerfield, Arthur Espinola, Paco Gonzalez, Judge Richard Fowler, Rand Winter, Don Craig, and Joseph Valdez. Motion carried unanimously. COUNTY CLERK Danny Kolhage, Clerk, advised the Board that he was submitting for the record the Comprehensive Annual Financial Report for Monroe County for the fiscal year ended September 30, 1987. He indicated that copies have been provided to the Commission, Staff and Press. There being no further business, the meeting adjourned. * * * * * NOTE: Resolution 198-1988 was inadvertently omitted from the Minutes and is indicated accordingly in Res. Book No. 66.