05/17/1988 Regular
LL 096
Regular Meeting
Board of County Commissioners
Tuesday, May 17, 1988
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at Key West Courtroom "B". 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; Don Craig,
Assistant County Administrator for Growth Management; 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 Lytton presented the Co-Employee of the
Month Award for March to Steve Stoddard and Sherman Reed for
their courage in handling the fuel spill at the Key West
International Airport.
Mayor Lytton presented a 2S-year Service Award to
Bernard McGee.
Mayor Lytton presented a 20-year Service Award to
William Gartenmayer.
Mayor Lytton presented a Retirement Plaque to
Willie Laster.
William Freeman, Sheriff, addressed the Board and
requested an extension of time for filing his Budget due to
pending legislation which might have a material effect on
his personal expenses. Motion was made by Commissioner Puto
and seconded by Commissioner Freeman to adopt the following
Resolution amending Resolution No. 128-1988 and extending
the time for filing the Budgets of the Sheriff and the Clerk
to June IS, 1988. Motion carried unanimously.
RESOLUTION 199A-1988
See Res. Book No. 66 which is incorporated herein by
reference.
The County Attorney read a Proclamation proclaiming
the week of May IS - May 21, 1988 as LAW ENFORCEMENT WEEK.
Mayor Lytton acknowledged the presence of Mickey
Feiner, Mayor of Key Colony Beach, and asked the media to
introduce themselves.
Danny Kolhage, Clerk, advised that the Board had
allocated $42,000.00 in impact fees to a part of the
Sheriff's budget for the current fiscal year and that the
Sheriff had purchased vehicles and was requesting to apply
those impact fees to the purchase of the vehicles. The
Clerk further advised that he had received an opinion from
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LL 097
the County Attorney that the use of impact fees for that
purpose was authorized but that it should be approved by the
Board. Motion was made by Commissioner Freeman and seconded
by Commissioner Puto to approve the use of police protection
impact fees in the amount of $41,255.00 for the purpose of
purchasing the Sheriff's vehicles. Motion carried unani-
mously.
Mayor Lytton discussed and requested a status
report on all five Areas of County Critical Concern (ACCC).
Nancy Criswell, Administrative Director for the
State Attorney's Office, addressed the Board and requested
on behalf of the Grand Jury, an appropriation for the
Special Grand Jury Fund in the amount of $10,000.00. Motion
was made by Commissioner Hernandez and seconded by
Commissioner Freeman to approve the appropriation of
$10,000.00 for the Special Grand Jury Fund. Motion carried
unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to approve travel for Mayor
Lytton to the Florida Association of Counties Seminar on May
26th. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Hernandez to approve travel for all
County Commissioners to a Board Meeting of the Florida
Association of Counties, on June 16th and June 17th. Motion
carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Hernandez to authorize the County
Administrator to develop the appropriate guidelines for
operation of the County's Beach and Shore Preservation
Authority Advisory Board, to include the following
recommendations:
A. Request County Administrator to coordinate
appointments and establishment of other Beach
Authority Advisory Boards.
B. Request County Administrator to develop Beach
Authority policy and procedures, per Florida
Statutes
I) Acquisition and ownership of beaches options
2) Operational aspects of Beach Authority and
Advisory Boards
(a) meeting advertisement requirements per
Statute
(b) public records requirements
(c) provide personnel for meetings of Advisory
Boards
3) Operations and maintenance responsibilities
and requirements, per Statutes
C. Listings and current analysis of separate
independent projects under City and/or County
control throughout County.
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LL 098
D. Address funding sources
1) Tourist Development funding criteria and
concepts
2) City/County contributions
3) Develop total survey of districts (required
under Florida Statutes)
4) Develop benefits, tax analysis and charges
for operation, acquisition and maintenance
(per Florida Statutes)
E. Address and develop operational procedures and
guidelines
1) Bidding, purchasing and hiring policies per
County and State Statutes
2) Administrative personnel requirements and
costs
3) Budgetary requirements and accounting
requirements
Roll call vote was unanimous.
Commissioner Stormont discussed the need to update
the Tax Equalization Study that was done in 1978. After
discussion, motion was made by Commissioner Stormont and
seconded by Mayor Lytton to direct the County Administrator
to consult with the County's financial advisors, Public
Financial Management, Inc. (PFM), and request them to update
the information of the Tax Equalization Study completed in
1978 in light of the new relationships which exists in
1987-88, with said work to be done under the provisions of
the contract now in place with no additional costs. Roll
call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
Motion carried.
Commissioner Puto discussed personal liability for
County Commissioners being sued individually. The County
Attorney indicated that the Commissioners were covered for
error and ommissions in the amount of One Million Dollars
and, in his opinion, that was sufficient.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize the use of Sombrero
Beach on June lIth for an Anniversary Party on behalf of
Father Grant. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
requesting the Governor of the State of Florida, the
Legislative Delegation for Monroe County, State Officials
and State Legislators to extend the Monroe County solid
waste feasibility and design allocation funds from the oil
overcharge settlement funds in the Governor's Office Grants
and Donations Trust Fund. Motion carried unanimously.
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LL 099
RESOLUTION NO. 200-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution expressing support for State Memorial SM302,
which expresses opposition to the establishment of a
Constitutional Convention, and calling on the Florida House
of Representatives to support the same; authorizing the
Mayor to sign and forward the same to Representative Ron
Saunders, and to Speaker of the House Jon Mills, with a
request to make it part of the record when the same comes
before the Florida House of Representatives. Motion carried
unanimously.
RESOLUTION NO. 201-1988
See Res. Book No. 66 which is incorporated herein by
reference.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the following items
by unanimous consent:
Board authorized removal of damaged, broken or lost equip-
ment and furniture from inventory as follows:
Administrative Services
Sharp Calculator, Item No. 2552-5
Sharp Calculator, Item No. 0801-14
State Attorney's Office
Transmitter, Item No. 2332-89
Receiver, Item No. 2332-90
Desk, Item No. 2332-101
Air Conditioner, Item No. 2332-107
Air Conditioner, Item No. 2332-112
Air Conditioner, Item No. 2332-114
Air Conditioner, Item No. 2332-118
Air Conditioner, Item No. 2332-123
Air Conditioner, Item No. 2332-130
Lounge Unit, Item No. 2332-148
Lounge Unit, Item No. 2332-149
Chairs, Item Nos. 2332-151 through 2332-154
Dictating/Transcribing Machine, Item No. 2332-156
Lounge Unit, Item No. 2332-157
Lounge Unit, Item No. 2332-158
Recorder, Item No. 2332-176
Chair, Item No. 2332-187
Chair, Item No. 2332-188
Typewriter, Item No. 2332-21
Chair, Item Nos. 2332A-27 through 2332A-30
Chair, Item No. 2332A-31
Chair, Item No. 2332A-32
Lounge Unit, Item No. 2332-159
Recorder, Item No. 2332-168
Board authorized payment to Lopez Funeral Home for the
pauper burials of Raymond Lando, in the amount of $600.00;
Alfonso Dixon, in the amount of $485.00; Fernandez
Hernandez, in the amount of $600.00; and Harvey Reeves, in
the amount of $600.00.
Board approved the request from Communications Workers of
America to use Harry Harris Park for their annual picnic on
November 13, 1988.
LL 100
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Henry Bikofsky for a 406 square foot enclosure for
storage only on Lot 3, Block G, Waloriss, Calle Ensenada,
Boot Key: Zoned IS - Improved Subdivision: Coastal Flood
Zone A-13.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Robert A. Knuck for 345 square foot enclosure for storage
only on Lot 6, Block 10, Anglers Park, Key Largo: Zoned IS -
Improved Subdivision: Coastal Flood Zone V-2l, Panel 0844D.
Board authorized payment of a refund in the amount of $50.00
to Henry D. Moorman inasmuch as a variance was not required.
COUNTY ATTORNEY
Board adopted the following Resolution approving the report
of the Ad Hoc Committee on Code Enforcement and establishing
a philosophy concerning future Code Enforcement in Monroe
County.
RESOLUTION NO. 202-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
to execute an Intergovernmental Agreement by and between
Monroe County and the City of Key West concerning the remo-
val of the Australian Pine Trees located at and adjacent to
Rest Beach in the City of Key West.
RESOLUTION NO. 203-1988
See Res. Book No. 66 which is incorporated herein by
reference.
EMERGENCY SERVICES
Board approved final payment to Fisherman's Hospital, in the
amount of $10,659.00 for the period from October 1, 1987 to
November 4, 1987 for District l-D Big Pine Key.
EXTENSION SERVICES
Board authorized the advertisement of bids for the repair of
daybeacons in Tavernier Creek, Key Largo.
Board authorized the advertisement of bids for the repair
of daybeacons to mark Summerland Key (Toppino) Channel and
Kemp Channel, Summerland Key.
LIBRARY
Board authorized execution of a Library Service through
Technology Grant Agreement between the State of Florida,
Department of State, Division of Library and Information
Services and the Board of County Commissioners of Monroe
County for long-range library service.
PUBLIC WORKS
Board authorized the advertisement of bids for an Air Cooled
Water Chiller Unit (air conditioner) for the Courthouse
Annex at Jackson Square.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
LL 101
1. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramick, P.A., in the amount of $1,542.86, for pro-
fessional services through April 26, 1988.
2. David Paul Horan & Associates, P.A., in the amount of
$2,798.00, for professional services in re: Monroe
County vs. State of Florida.
3. Rosenman & Colin, in the amount of $5,699.13, for
professional services in re: Translator System.
4. Winifred Sheridan Smallwood, in the amount of
$13,384.44, for professional services in re: DCA Rule
Challenge Proceedings.
5. McLemore Tile Co., Inc., in the amount of $20,661.50,
Final Invoice, for removal of existing floors and
installation of tile at Justice Building.
6. David Paul Horan & Associates, P.A., in the amount of
$1,325.00, for professional services in re: Monroe
County vs. State of Florida.
7. Robstone Company, in the amount of $2,300.00, final
payment, in re: Harry Harris Park Lighting Installation.
8. Robstone Company, in the amount of $1,280.00, final
payment, in re: Harry Harris Park Lighting Mobilization.
9. Risk Control Associates, Inc., in the amount of $897.77,
for professional services rendered through April 28,
1988.
10. John E. Bigler, Jr., in the amount of $1,625.00, for
professional services in re: Vested Rights Hearing -
Joseph Farrugia (Coral Harbor Plaza, Inc.).
11. H. Ray Allen, P.A., in the amount of $2,712.50, for
professional services in re: Vested Rights Hearing -
Summerland Key Properties, Inc.
12. H. Ray Allen, P.A., in the amount of $4,037.50, for
professional services in re: Vested Rights Hearing -
Oceanside Island Associates.
13. John E. Bigler, Jr., in the amount of $3,375.00, for
professional services in re: Vested Rights Hearing -
Maderia Bay.
14. John E. Bigler, Jr., in the amount of $625.00, for
professional services in re: Vested Rights Hearing -
Miscellaneous Billings.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Jeffrey J.
Elenewski, Ph.D., in-the amount of $200.00: Richard Hellmann,
Ph.D., in the amount of $300.00: Guillermo Marcovici, M.D.,
P.A., in the amount of $850.00: Tanju Mishara, Ph.D, in the
amount of $100.00.
COURT APPOINTED ATTORNEYS, Roberta S. Fine, in the
amount of $305.00: John P. Rotolo, Esq., in the amount of
$1,687.50: Erol M. Vural, in the amount of $560.00.
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LL ~02
EXTRADITION COSTS, William A. Freeman, Jr., Sheriff
in the amount of $15,426.44.
COURT REPORTER SERVICES, Associated Court Reporters,
in the amount of $25.00; Crane-Snead & Associates, Inc., in
the amount of $347.80; Florida Keys Reporting Service, in
the amount of $120.00; Nancy J. Ma1eske, in the amount of
$184.10; Douglas B. Metzger, in the amount of $190.00;
Nichols & Hardy Court Reporters, in the amount of $155.20.
COURT INTERPRETER SERVICES, Henry Arroyo, in
the amount of $25.00; Juan Borges, in the amount of $340.00;
Serafin Calero, in the amount of $30.00; Jerome Grape1, in
the amount of $25.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $3,040.17; Regular Witness Fees, in the amount of
$80.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, #87630-#88307, in the amount
of $2,184,519.78. ----
SUPPLEMENT TO GENERAL REVENUE FUND, '232-'233, in
the amount of $15,417:16.
FINE & FORFEITURE FUND, #707-'710, in the amount of
$1,100,466.63.-
AIRPORT OPERATION & MAINTENANCE FUND, #461-'462, in
the amount of $17,392.56.
ROAD & BRIDGE FUND, #507, in the amount of
$41,929.IO:-- - ----
MSD TAX DISTRICT, #1102, in the amount of
$17,874.60:- ---
MSD - MARINE BANK (Marathon), #427-#428, in the
amount of-s!10,686.54.
LAW LIBRARY FUND, #236, in the amount of $ 252.84.
CARD SOUND BRIDGE FUND, #222-#223, in the amount of
$2,892.95:---
WORKERS COMPENSATION, #2506-'2517, in the amount of
$18,429.77.
TOURIST DEVELOPMENT COUNCIL, #501-#505, in the
amount of $7,593.00.
MONROE COUNTY SELF-INSURED GROUP INSURANCE,
#240-#242, in the amount of $94,720.04.
TRANSLATOR FUND, t176, in the amount of $5,775.73.
003 COMMUNITY DEVELOPMENT BLOCK GRANT, t00005, in
the amount of $341.59.
716-717 SPECIAL TAXING DISTRICT, PLANNING, BLDG &
CODE ENFORCEMENT, tI29-tI30, in the amount of $32,898.64.-
003 MONROE COUNTY RENTAL REHAB PROGRAM, tOI, in the
amount of-sr6,415.10.
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LL ~03
Board approved Minutes of the following meetings of the
Board of County Commissioners: 4/5/88, 4/14/88 (2),
4/18/88, 4/19/88.
Board adopted the following Resolutions concerning receipt
of unanticipated funds for fiscal year 1987-88.
RESOLUTION NO. 204-1988
RESOLUTION NO. 205-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
for the year 1987-88.
RESOLUTION NO. 206-1988
See Res. Book No. 66 which is incorporated herein by
reference.
Motion carried unanimously.
BULK APPROVALS
consent Agenda
Motion was made by Commissioner Hernandez to
approve, per staff recommendations, the request by Key Largo
Lodge, Inc. for Angler's Park Shores Partial Plat Vacation,
as approved by the Planning Commission on February 4, 1988.
During discussion, motion was made by Commissioner Hernandez
and seconded by Commissioner Freeman to table this matter
for 30 days. Motion carried unanimously.
COUNTY ATTORNEY
Lucien proby, County Attorney, discussed the pro-
posed exemption of Marathon Air from the payment of impact
fees. He advised the Commission that after further review
of the project at the Marathon Airport and its intended use,
he would be issuing an opinion that Marathon Air would be
required to pay impact fees.
The County Attorney advised the Commission that two
suits had been filed in the last week. One suit was filed
by Mrs. Golan-Norton concerning the Will in the Estate of
Margo Golan, deceased, which had devised a certain interest
to the Board of County Commissioners to be used for the
Monroe County Library. The other suit involved an access to
a canal.
Mr. Proby advised the Board that the K Mart Lease
had been amended by the Lessors and that the amendments had
to do with the terms and requirement to purchase. He indi-
cated he would bring the amended Lease back to the Board for
their approval.
The County Attorney advised the Commission that he
had received 18 applications for the position of County
Attorney. After discussion, motion was made by Commissioner
Hernandez and seconded by Commissioner Puto to direct the
committee consisting of the Mayor, County Attorney, and the
County Administrator to review the applications and to
decide on five finalists who would then be considered by the
full Board. Motion carried unanimously. Motion was made by
Commissioner Hernandez and seconded by Commissioner Freeman
to disallow the payment of any travel in connection with the
applications for the position of County Attorney. Motion
carried unanimously.
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LL 104
Mayor Lytton called a Special Meeting for May 27th
at 10:00 a.m., 310 Fleming Street, Key West, to conduct
interviews of applicants for the position of County
Attorney.
The County Attorney discussed the report by
Assistant County Attorney Calvin Allen concerning delinquent
special assessments for the Municipal Service District. Mr.
Proby also discussed a possible amendment to the unincor-
porated special district to allow for payment of fees for
legal defense of the Land Use Plan. This matter was
referred to the Assistant County Administrator for Growth
Management and the County Administrator.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize permission to advertise
for a proposed Ordinance amending Article VII, Monroe County
Code, entitled "Fine Arts Council", etc. and to provide for
three public hearings. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to postpone the adoption of a
Resolution authorizing the Mayor to execute an Amendment to
Lease Agreement by and between the Board of County
Commissioners of Monroe County, Florida and Sunset
Watersports, Inc. concerning Sunset Watersports' ticket
booth at Higgs Beach, pending further clarification of the
location, size of the operation, liability insurance and the
limitations of activities to the structure. Motion carried
unanimously.
MANAGER OF MUNICIPAL SERVICES
Charles Aguero, MSD Manager, discussed the Waste
Management Study. He also discussed his desire to take
annual leave the first week of June, 1988. Motion was made
by Commissioner Hernandez and seconded by Commissioner Puto
to authorize Mr. Aguero to take annual leave the first week
in June. Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to authorize Bob Hilson &
Co., of Key Largo, Florida to replace the roofs over the
Cudjoe Key and Key Largo landfills in the amount of
$17,630.00 each, and the Long Key landfill, in the amount of
$30,600.00. Motion carried unanimously.
Commissioner Puto discussed the possibility of
placing dumpsters at construction sites with the contractors
assuming the costs of the dumpsters. This matter was
referred to staff for review.
ENGINEERING
Bob Harris of Post Buckley, Schuh & Jernigan,
officially notified the Board of the issuance of the Card
Sound Bridge annual report.
PUBLIC WORKS
Dent Pierce, Public Works Director, presented a
report on the progress of the joint effort to clean-up Rest
Beach.
DIRECTOR OF PLANNING
Don Craig, Assistant County Administrator for
Growth Management discussed the Contractor's License
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LL 105
Examining Board and requested that the Board conduct a special
meeting to discuss the many important issues concerning this
Board. He also discussed the expiration of building permits
for single-family residences by owner/builders. He also
suggested that this item should be a subject for the Special
Meeting.
Mr. Craig advised the Board that the FDIC and
State had advised that in the Port Bougainville land trade
proposal, the County should accept the guaranty of 2 and
1/2 acres to be conveyed in fee simple within 6 months with
all the necessary permits and that he had been advised that
if the County could not come to an agreement on these terms,
the FDIC would proceed to foreclose the County's interest.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to adopt the following Resolution
requesting the State of Florida through the Department of
Natural Resources to make certain provisions for the
continued use of the Fire Station and its property located
on Key Largo; to afford the County at least 2 and 1/2 acres
for the future location of the translator tower, the same to
be afforded or made available in fee simple within six
months from the date of this Resolution and provide that all
access to these lands, will be available to the County.
Motion carried unanimously.
RESOLUTION NO. 207-1988
See Res. Book No. 66 which is incorporated herein by
reference.
The Board recessed for lunch.
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MUNICIPAL SERVICES TAXING DISTRICT NO. 2
--
BOARD OF GOVERNORS
The Board of Governors of Municipal Services Taxing
District No. 2 convened. Present and answering to roll call
were Samuel "Mickey" Feiner, William Freeman, and Chairman
Michael Puto.
Motion was made by Commissioner Feiner and seconded
by Commissioner Freeman to approve the Minutes of the Key
Colony Beach City Commission Organizational Meeting
(District 2) of April 4, 1988. Motion carried unanimously.
The Minutes indicate that the appointments to Tax District
12 were Samuel "Mickey" Feiner and Russell Radom. The
alternate member selected was Al Owens.
Motion was made by Commissioner Feiner and seconded
by Commissioner Freeman to approve the final payment to
Fisherman's Hospital for services rendered during the period
of October I, 1987 through November 4, 1987, in the amount
of $6,144.00. Motion carried unanimously.
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The Regular Meeting of the Board of County
Commissioners reconvened with all Commissioners present.
The Chairman advised the date of the Special
Meeting to consider matters concerning the Contractors
Licensing Examining Board and Single-Family Residential
Permits would be June 10, 1988, in the Chapel at Stock
Island at 9:00 A.M.
LL 106
SOUNDING BOARD FOR PUBLIC INPUT
Commissioner Hernandez discussed the Higgs Beach
Pier project. He advised the Commission that he had been
advised that District II of the Tourist Development Council
Advisory Board had approved the County's request concerning
beaches.
Commissioner Hernandez discussed the Keevan Pier
Contract. Motion made by Commissioner Hernandez and
seconded by Commissioner Stormont to direct the County
Administrator and the County Engineers to issue the Notice
to Proceed on the Higgs Beach Pier Project. Roll call vote
was unanimous.
Prior to this item, the Mayor offered some opening
remarks indicating that he would not allow any personal
attacks or comments not directly associated with the agenda
item. A.C. Weinstein addressed the Board. Bob Halstead of
the Key West Pro Dive Shop and Florida Association of Dive
Operators addressed the Board and indicated that he
supported the Tourist Development Council as it was
currently composed. Michael Whalton, Coordinator of several
special events, addressed the Board and indicated that he
also supported the TOC. Mayor of Key Colony Beach and Vice
Chairman of the TOC, Mickey Feiner, addressed the Board.
Randy Moore of the Monroe County Federation of Chambers,
Susan Hawkins of the Red Barn Theatre, and Frankie Lanares
addressed the Board, all in support of the TDC. No further
action was taken.
Dr. Marshall Wolfe addressed the Board concerning
the need for additional appropriations for Baker Act
funding. Motion was made by Commissioner Hernandez and
seconded by Commissioner Stormont to approve additional
Baker Act funding from contingency in the amount of
$23,710.00 for the Lower Keys and $3,333.00 for the Upper
Keys. Larry Meggs, President of the Lower Keys Guidance
Clinic Board of Directors, addressed the Board. Kathy
McCullough as a citizen addressed the Board supporting their
request. Roll call vote was taken with the following
results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
Yes
Yes
Yes
Motion carried.
DIRECTOR OF PLANNING
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the North Key Largo
Habitat Conservation Plan Contract with the firm of Dames &
Moore for phase land 2 of the project, to authorize Dames &
Moore to begin work on these phases immediately, to seek an
extension of the deadline date for completion of the North
Key Largo comprehensive plan to December of 1988, and to
allow the Assistant County Administrator for Growth
Management to begin negotiations with land owners in North
Key Largo to secure their monetary participation for
completion of the remaining phases 3 through 5 as outlined
in the revised work program, with the condition that any
further actions would be limited to County Staff, Department
of Community Affairs, and Dames & Moore. Bud Post addressed
the Board. Roll call vote was unanimous.
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LL 1.07
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
amending the Department of Community Affairs Planning
Assistance Contract. Roll call vote was unanimous.
RESOLUTION NO. 208-1988
See Res. Book No. 66 which is incorporated herein by
reference.
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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. Proof of
publication was entered into the record. There was no
public input. This item was continued to the next meeting
at the request of the Petitioner.
A Public Hearing was held on a proposed Ordinance
amending Monroe County Code Section 13.5-l concerning Harry
Harris Park, etc. Dent Pierce, Public Works Director, gave
a report on the existing situation of the park. Proof of
publication was entered into the record. Afer discussion,
motion was made by Commissioner Stormont and seconded by
Mayor Lytton to adopt the Ordinance with the 11:00 p.m.
closing requirement. During discussion, the motion was
withdrawn. Motion was then made by Commissioner Stormont
and seconded by Commissioner Puto to adopt the following
Ordinance amending Monroe County Code section l3.5-1
concerning Harry Harris Park by amending subsection (C)(2)
concerning "hours" and subsection (F)(2) concerning
"scheduling of activities"; providing for severability;
providing for the repeal of all Ordinances in conflict with
this Ordinance; providing for inclusion in the Monroe County
Code; and providing for an effective date, with a 10:30 p.m.
closing requirement. Roll call vote was unanimous.
ORDINANCE NO. 026-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
providing for Public Hearings if and when the County
Commission of Monroe County intend or desire to transfer
the Veterans Affairs Department of Monroe County to any
department, etc. Proof of publication was entered into the
record. Motion was made by Commissioner Freeman and
seconded by Commisioner Puto to read by title only. Motion
carried unanimously. There was no public input. Motion
was made by Commissioner Hernandez and seconded by
Commissioner Puto to continue to the next meeting. Motion
carried unanimously.
A Public Hearing was held on a proposed Ordinance
prohibiting camping on public or private property throughout
Monroe County, Florida, 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. Motion was made by
Commissioner Hernandez and seconded by Commissioner Puto to
disapprove the Ordinance. Roll call vote was unanimous.
Commissioner Stormont requested that the County
Administrator and Staff in conjunction with the new Parks
Director investigate the possible establishment of tourist
rest stops. Earl Clerk of Venetian Shores, Harriet Rich,
Dr. Jeff Schroeder, Earl Cheel and Larry Weaver addressed
the Board concerning this item.
LL ~08
A Public Hearing was held on a proposed Ordinance
concerning compensation to Planning Commission members, 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
Commissioner Stormont and seconded by Commissioner Freeman
to adopt the following Ordinance amending Ordinance No.
010A-1988, codified as Section 2-6, Monroe County Code, in
order to provide that Planning Commission members are
compensated at the rate of Fifty-two Hundred Dollars ($5200)
per year for the regular twenty-six meetings held during
such year and then compensated at the rate of One Hundred
Dollars ($IOO) per meeting for all subsequent meetings, all
regardless of whether the Commission is meeting as the local
Planning Agency, the Zoning Board, the Board of Adjustment
or as the Planning Commission commencing with the fiscal
year beginning on October 1, 1986 and for every fiscal year
thereafter; repealing the requirement that compensation is
only payable out of State funds; providing for severability;
providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing for an effective date.
Motion carried unanimously.
ORDINANCE NO. 027-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, advised the Board
that because certain appointees have declined to serve on
the Jail Advisory Committee, the following would be included
as members: Tommy Stevens, Tom Long, Mike Kremel, Jay
Miller, and Joe Miklas. Motion was made by Commissioner
Puto and seconded by Commissioner Freeman to approve the
appointments. Motion carried unanimously.
The County Administrator discussed a request by
the Sheriff to meet with the County Commission. He indi-
cated that this could be held at 1:30 p.m. on May 27th, at
which time following the Sheriff's meeting with the Board,
the personnel policies and procedures could also be
discussed. This matter was added to the agenda of the
Special Meeting to be held May 27, 1988.
The County Administrator was authorized to allow
the use of Harry Harris Park on June 9, 1988 by the
Plantation School for a picnic.
Mr. Brown discussed the Call Accounting System. He
recommended that the Ordinance concerning this matter be
amended to extend the effective date. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to declare an emergency exists and waiving the requirements
of advertising under the provisions of Florida Statutes
125.66. Motion carried unanimously. There was no public
input. Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to adopt the following Emergency
Ordinance amending Section 3 of Ordinance No. 037-1987 in
order to provide for the installation of the Call Accounting
System to be effective July I, 1988; providing for severabi-
lity; providing for the repeal of all Ordinances or parts of
Ordinances in conflict with this Ordinance; and providing
for an effective date. Motion carried unanimously.
\
LL 109
ORDINANCE NO. 028-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
The County Administrator advised the Board that he
would be in Tallahassee on Thursday, May 19th, meeting with
the Department of Community Affairs.
The County Administrator discussed a report on the
Community Development Block Grant (CDBG) lawsuit. He indi-
cated that upon inquiry with the Tallahassee attorney, they
were of the opinion that since the Board elected to pursue
an informal hearing, they may have waived their rights to
appeal. Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to continue this matter to the
next meeting. Motion carried unanimously.
Mr. Brown advised the Board that he had reviewed
the procedure followed on the rejection of the reimbursement
to the individuals accompanying Russell Teall to a dive show,
and that in his opinion the Tourist Development Council
acted correctly and in accordance with their rules. After
discussion by the Board, motion was made by Commissioner
Stormont and seconded by Commissioner Hernandez to approve
the request for reimbursement for those attending the dive
show with Mr. Teall. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
No
Yes
Yes
Motion carried. The Clerk advised the Board that before
payment could be made, approval would have to be obtained
from the Tourist Development Council in addition to this
approval from the County Commission. Motion was made by
Commissioner Hernandez and seconded by Commissioner Stormont
to approve the reimbursement to Commissioner Puto for
travel which he personally paid for, but was not able to
use relative to that same dive show. Roll call vote was
taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
Yes
No
No
Motion failed.
DIRECTOR OF PLANNING
Don Craig, Assistant County Administrator for
Growth Management, advised the Board that Tarpon Lodge had
paid the impact fees required and that this matter was now
moot.
COUNTY ADMINISTRATOR
Commissioner Puto discussed a letter from Mr. Nelms
indicating that Florida Keys Memorial Hospital had notified
him that they would no longer provide the Medical Examiner
with facilities effective May 30, 1988. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
adopt the following Resolution requesting the Florida Keys
LL 110
Memorial Hospital to refrain from closing the morgue located
therein; requesting that if the closure of said morgue is
inevitable that Monroe County be given at least sixty days
from the date of this Resolution to make arrangements for an
alternate solution to said closure; and directing that a
copy of this Resolution be sent to each individual on the
Florida Keys Memorial Hospital Board and to the Hospital
Administrator. Motion carried unanimously.
RESOLUTION NO. 209-1988
See Res. Book No. 66 which is incorporated herein by
reference.
AWARDING BIDS
The awarding of bids for one Aerial Ladder Fire
Apparatus for M.S.T.D. 16 was continued to the next meeting.
The Board was advised of receipt of the following
bids for the property located at 600 Whitehead Street:
B. G. Carter
525 Caroline Street
Key West, Florida 33040
Purchase property for $250,000.00
Lease-purchase for $300,000.00. Lease for 30 months
at $3,000/month. All lease payments to be credited
toward purchase price.
Jeffrey Masters
P. O. Box 4584
Key West, Florida 33040
Lease-purchase 2 years + 2 year option at $3,700.00/month
All lease payments to be credited toward purchase price,
open option to buy for $310,000.00;
Lease - lower level at $2,600.00/month on 9 month lease
with 6 month renewable option
Lease - upper level at $l,OIO/month on 12 month lease
with 12 month renewable option.
Debra Benedict
1309 Atlantic Drive
Key West, Florida 33040
Lease - "Pop's Store" only at $750.00/month for 6
month, renegotiable.
Dr. Bruce Waite (HJPC)
c/o Kemp & Rosasco
112 Luani Plaza
1438 Kennedy Drive
Key West, Florida 33040
Lease entire property at $250.00/month for two years with
option to renew.
After discussion, motion was made by Commissioner Stormont
to approve Recommendation No.1, per the County
Administator's memo dated May 10, 1988, to reject all propo-
sals and convert this building to house the offices of the
Public Defender. Motion died for lack of a second. Jeffery
Masters, Debra Benedict, and B.G. Carter addressed the
Board. Motion was then made by Commissioner Hernandez and
seconded by Commissioner Puto to award the bid for 600
Whitehead Street to B. G. Carter for his lease-purchase
LL111
proposal, on the condition that the purchase price be
increased to $303,500.00. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
Yes
No
Yes
Motion carried. Motion was made by Commissioner Stormont
and seconded by Mayor Lytton to direct that the revenues
from this transaction be placed in a reserve to off-set and
provide tax relief. Roll call vote was unanimous.
PUBLIC HEARING
A Public Hearing was held concerning Supplemental
Budget Increases for the Municipal Service District. There
was no public input. Charles Aguero, MSD Director,
discussed the amendments. Motion was made by Commissioner
Stormont and seconded by Commissioner Puto to adopt the
following Resolution concerning Supplemental Budget for the
Municipal Service District and increasing the budget by
$1,547,772.00 as amended. Motion carried unanimously.
RESOLUTION NO. 210-1988
See Res. Book No. 66 which is incorporated herein by
reference.
AWARDING BIDS
The Board was advised of receipt of the following
proposals for Maintenance of Translator Installations at
North Key Largo, Islamorada, Grassey Key, Summerland Key,
and Key West:
S & S Towers, Inc.
7109 S.E. 8th Street
Okeechobee, Florida
J. o. T. Electronic Services
Post Office Box 2507
Key Largo, Florida
C & M Electronics
Post Office Box 10
Summerland Key, Florida
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to reject all bids for maintenance of
translator installations, to authorize the readvertisement
of said bids and to authorize the continuation of the
existing contract in the interim on a month to month basis.
Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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