05/03/1988 Regular
LL 078
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Board of
Tuesday,
Marathon
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.",
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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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:
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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.
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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.
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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.
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NOTE: Resolution 198-1988 was inadvertently omitted from
the Minutes and is indicated accordingly in Res. Book No. 66.