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06/21/1988 Regular LL 135 Regular Meeting Board of County Commissioners Tuesday, June 21, 1988 Key Colony Beach City Hall A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Key Colony Beach City Hall. Present and answering to roll call were Commissioner Jerry Hernandez, Jr., Commissioner Michael puto, Commissioner John Stormont, and Mayor Eugene Lytton. Absent from the meeting was Commissioner William Freeman. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Randy Ludacer, Assistant County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Mayor Lytton advised the Commission of an invita- tion to a luncheon on this date given by the Domestic Abuse Center honoring State Attorney Kirk Zuelch and Sheriff William Freeman. Mayor Lytton also advised the Commission that he had recently read that the Area of Critical State Concern in Franklin County had been extended. Mayor Lytton then made a presentation of a plaque to Lucien C. Proby, County Attorney, for his dedicated ser- vice to the County. Mayor Lytton continued to the next meeting a discussion of Translator interference. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the appointment of Jim Gibbs to the Highway Beautification Committee to replace Penny Mason. Motion carried unanimously. Commissioner Stormont discussed possible changes in the Commercial/Residential Waste Charges. This matter was deferred to the next meeting. Mayor Lytton advised the County Commission that he had seen an ad run by The District School Board for the possible sale of the Truman School in Key West. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolution requesting the Monroe County School Board to donate Truman School to the County. Motion carried unanimously. RESOLUTION NO. 230-1988 See Res. Book No. 67 which is incorporated herein by reference. Mayor Lytton discussed recommendations from the Monroe County Fine Arts Council for appointments thereto. LL1.36 Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to appoint Marian E. Moon and Gordon Lacy to the Monroe County Fine Arts Council. Motion carried una- nimously. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the following items by unanimous consent: Board approved the disposal of the following equipment from the Inventory of the Property Appraiser: 2211-485 224-373 2211-105 224-136 2211-501 2211-419 2211-499 2211-522 2211-459 224-353 2211-431 2211-444 2211-422 2211-513 2211-509 2211-475 2211-498 2211-504 2211-443 2211-082 2211-457 224-368 2211-476 2211-462 0400-658 2211-348 2211-157 2211-503 2211-501 0400-542 2211-468 2211-512 2211-455 2211-382 2211-506 Micrastar Reader w/Printer Diebold Rotary File Brown Table from Micro Film Machine Mimeograph Machine Serial 1777 Mimeograph Cabinet/Green United Calculator (electronic printing) Singer Calculator Miida Calculator 08771046 Serial IBM Typewriter IBM Typewriter IBM Typewriter IBM Typewriter Singer Calculator Singer Calculator Sanyo Calculator Sharp Calculator Singer Calculator United Calculator Singer Calculator Singer Calculator IBM Typewriter Singer Calculator IBM Typewriter IBM Typewriter Singer Calculator IBM Typewriter IBM Typewriter Smith-Corona Typewriter Singer Calculator Sm. Black Singer Calculator-t310596 Singer Calculator Casio Calculator Sharp Calculator Sanyo Calculator IBM Typewriter IBM Typewriter Air Conditioner Board approved the removal of the following items from the Inventory of Veterans Affairs: 2991-7 2991-45 1200-49 1200-50 1200-54 Executive Swivel Chair Executive Chair, Brown IBM Electric Typewriter/Green IBM Electric Typewriter/White Remington Typewriter Board authorized payment of the following invoices for trauma care rendered to John Starke: Vendor/Provider Rafael Machado, M.D. Hatem Eissa, M.D. Total Cost $1,240.00 $ 520.00 County Cost $ 992.00 $ 416.00 \ LL 137 Board authorized payment of TOC expenditures in the amount of $367,191.73 (Input Date 6/7/88), subject to final invoice approval by the Finance Department. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Roger and patricia Marsh for the placement of a mobile home below the IOO-year Base Flood Elevation on Lot 9, Block 12, Tamarac Park, Geiger Key~ Zoned URM - Urban Residential Mobile Home~ Coastal Flood Zone A-IO, Panel 1734C. COUNTY ATTORNEY Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Business Lease by and between F. James Chaplin and Bettye B. Chaplin and Monroe County concerning office space in Marathon for the Public Defender. RESOLUTION NO. 231-1988 See Res. Book No. 67 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Social Services Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Subgrant Agreement by and between the National Council on the Aging, Inc. and the Board of County Commissioners of Monroe County for the purpose of providing part-time opportunities in community service employment for low-income senior citizens. RESOLUTION NO. 232-1988 See Res. Book No. 67 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute Amendment II by and between the State of Florida Department of Health and Rehabilitative Services and the Monore County Board of County Commissioners/Monroe County In-Home Services - Home-Delivered Meals, in order to amend Contract KG-706 con- cerning Community Care for Disabled Adults. RESOLUTION NO. 233-1988 See Res. Book No. 67 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute Amendment II by and between the State of Florida Department of Health and Rehabilitative Services and the Monroe County Board of County Commissioners/Monroe County In-Home Services, in order to amend Contract KG-707 concerning Community Care for Disabled Adults. RESOLUTION NO. 234-1988 See Res. Book No. 67 which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES Fiscal Management Board granted permission to advertise for a new position of LL 138 Secretary/Computer Operator starting at the Pay Grade of 36-A in the Purchasing Section, Office of Fiscal Management. Personnel & Insurance Boaard accepted the recommendation of Staff and awarded the bid for Professional Risk Management and Insurance Consulting Services to Stanford & Company. Data Processing Board accepted the recommendation of Staff and awarded the bid for electrcal work in the Computer Room to Summer land Electric in the amount of $17,000.00. DIVISION OF PUBLIC WORKS Engineering Board approved and authorized execution of Change Order No. I on the Key Largo Roads V Project to The Brewer Company of Florida, Inc. setting out a net decrease of $1,251.00 from the Contract Price and also assessing Liquidated Damages of $200.00 a day for six days. Facilities Maintenance Board adopted the following Resolution transferring funds for the year 1987-88. RESOLUTION NO. 235-1988 See Res. Book No. 67 which is incorporated herein by reference. COUNTY ADMINISTRATOR Board approved payment of the following invoices: I. Morgan & Hendrick, in the amount of $1,385.00, for professional services in re Pennekamp v. Monroe County. 2. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $6,222.09, for professional services through May 31, 1988. 3. The Brewer Co. of Florida, Inc., in the amount of $25,388.75, for Invoice No. Two (Final) in re Key Largo Roads V. 4. Victor N. DeCario & Associates, Inc., in the amount of $6,366.37, for professional services in re Monroe County GIS through May 31, 1988. 5. David Paul Horan & Associates, P.A., in the amount of $850.00, for professional services in re Monroe County v. State of Florida. 6. Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh, in the amount of $233.47, for professional services in re New Port Largo v. Monroe County. 7. IBM, in the amount of $1,400.00, for Graphics Program Generator and Graphics Attachment, 2/1/88 through 2/29/88. LL 139 8. IBM, in the amount of $1,400.00, for Graphics Program Generator and Graphics Attachment, 4/1/88 through 4/30/88. 9. IBM, in the amount of $1,400.00, for Graphics Program Generator and Graphics Attachment, 5/1/88 through 5/31/88. 10. IBM, in the amount of $1,395.00, for Pedestal Feature. Board adopted the following Resolutions concerning receipt of unanticipated funds for the year 1987-88. RESOLUTION NO. 236-1988 RESOLUTION NO. 237-1988 See Res. Book No. 67 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1987-88. RESOLUTION NO. 238-1988 See Res. Book No. 67 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1987-88. RESOLUTION NO. 239-1988 See Res. Book No. 67 which is incorporated herein by reference. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Jeffrey J. Elenewski, Ph.D., in-the amount of $200.00~ Elaine Gordon Treatment Center, in the amount of $203.96~ Richard Hellmann, Ph.D., in the amount of $485.00~ Guillermo Marcovici, M.D., in the amount of $250.00~ Mental Health Care Center of the Lower Keys, in the amount of $400.00~ Tanju T. Mishara, Ph.D., in the amount of $300.00. COURT APPOINTED ATTORNEYS, Michael E. Cox, in the amount of $4,336.00~ Roberta S. Fine, in the amount of $350.00~ Lissa C. Pancare, in the amount of $350.00. OTHER EXPENSES, Louis J. Spallone, Clerk, in the amount of $300.00. EXTRADITION COSTS, William A. Freeman, Jr., Sheriff, in the amount of $11,128.66. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $220.00~ Christensen Reporting, in the amount of $133.75~ Florida Keys Reporting, in the amount of $262.50~ Ronald Graham, in the amount of $23.20~ Laws Reporting, Inc., in the amount of $286.55~ Nancy J. Maleske, in the amount of $3,282.75~ Jill Middlemiss, in the amount of $64.80~ Nichols & Hardy Court Reporters, in the amount of $845.50~ State of Florida, in the amount of $341.25. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $470.00~ Serafin Calero, in the amount of $35.00~ LL 140 Jerome Grapel, in the amount of $100.00~ George Kulecki, in the amount of $25.00~ Elke Lutz, in the amount of $50.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $3,266.24~ Regular Witness Fees, in the amount of $130.00. Board approved the following Warrants: GENERAL REVENUE FUND, $89108-'89968, in the amount of $2,963,345.54. GENERAL REVENUE FUND, Marine Bank, f71, in the amount of $6,688.75. GENERAL REVENUE FUND, Barnett Bank-Islamorada, t71, in the amount of $6,688.7S:-- SUPPLEMENT TO GENERAL REVENUE FUND, #236-'238, in the amount of $48,59~75. FINE & FORFEITURE FUND, #714-t717, in the amount of $1,129,781.49.- AIRPORT OPERATION & MAINTENANCE FUND, '466-468, in the amount of $17,473.00. ROAD & BRIDGE FUND, #510-512, in the amount of $131,611.~ - ---- MSD TAX DISTRICT, '1116-1117, in the amount of $133,195.03. --- MSD - MARINE BANK (Marathon), '431-'435, in the amount of-s517,422.83. MSD - PLEDGED FUNDS, '116-tI17, in the amount of $600,000.00. - $130.21. LAW LIBRARY FUND, #239-240, in the amount of CAPITAL PROJECTS FUND, t291-#296, in the amount of $220,463.33. ---- CARD SOUND BRIDGE FUND, #226-#228, in the amount of $35,452.47. ---- WORKERS COMPENSATION, #2531-'2544, in the amount of $25,949.69. TOURIST DEVELOPMENT COUNCIL, i510-'516, in the amount of $105,267.47. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #245-248, in the amount of $240,934.02. TRANSLATOR FUND, #179-#181, in the amount of $60,491.93. ---- 716-717 SPECIAL TAXING DISTRICT, PLANNING, BLDG ~ CODE ENFORCEMENT, #136-#144, in the amount of $179,100.48. 003 COMMUNITY DEVELOPMENT BLOCK GRANT, f0007-#0011, in the amount of $52,918.89. 503 RISK MANAGEMENT FUND, Marine Bank, '001, in the LL 141 amount of $19,068.16. 003 MONROE COUNTY RENTAL REHABILITATION PROGRAM, Marine Bank, 100002, in the amount of $24,300.00. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve Tourist Development Council Expenditures from the First Year collections of the Third Penny for payments to Greater Key West Chamber of Commerce in the amounts of $640.11 and $1,222.92, with reference to Commissioner Stormont's clarification as to the definition of "artists' fees." Motion carried unanimously. COUNTY ATTORNEY Lucien Proby, County Attorney, advised the Board that there were no new developments in the Port Largo suit. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to approve payment of a bill from the firm of Taylor, Brian, et al in the amount of $2,547.94 in re the Key Largo Lodge suit. Roll call vote was taken with the following results: Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes No Yes Motion carried. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve payment of a bill in the amount of $500.00 for legal services provided to the County Attorney's Office by Sheri Smallwood due to the resignation of former Assistant County Attorney Robert Leeman. Motion carried unanimously. Mr. Proby briefly discussed the fact that Randy Ludacer was currently advertising for a replacement for Mr. Leeman. During discussion of the shortage of personnel in the County Attorney's Office, motion was made by Mayor Lytton and seconded by Commissioner Hernandez to offer Mr. Proby a contract for temporary employment not to exceed two days per week with a fee not to exceed $150.00 per hour and for a period not to exceed eight weeks. Motion carried una- nimously. The County Attorney discussed the Big Pine Key Access road and the pending settlement with DCA. Mr. Proby discussed the need for immediate repairs and work on the ducts in the old Jail. DIVISION OF PUBLIC WORKS Engineering Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve Change Order No. 2 to the existing Master Construction Contract between Monroe County and Gomez Construction, dated January 5, 1988, to complete the interior finishing for the Third Floor of the LL 142 Jail Addition at Jackson Square in the amount of $22,030.00 subject to the availability of funds. Motion carried unani- mously. COUNTY ATTORNEY Mr. Proby advised that there would be a hearing on the Jail on June 22nd. The County Attorney indicated to the Board that he was still in the process of investigating the situation with Monroe County Housing Finance Authority. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to authorize the following payments in connection with the Monroe County Jail Suit, said payments to be made from the Board of County Commissioners account. Lipman & Weisberg - Attorney Fees and Expenses in the amount of $8,259.50 Bruce Rogow - Attorney Fees and Expenses in the amount of $48,428.55 Motion carried unanimously. The Board discussed the proposed Employment Agreement with Randy Ludacer for the position of County Attorney. Mayor Lytton discussed the probationary period. Following discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the Employment Agreement as amended and amending the compen- sation to $70,000.00, and to adopt the following Resolution authorizing the Mayor/Chairman of the Board to execute an Employment Agreement by and between Monroe County and Randy Ludacer concerning his employment as County Attorney. During discussion, motion was made by Commissioner Stormont to postpone this matter for clarification of the issue of Career Service. Motion died for lack of a second. After further discussion and amendments to the Employment Agreement, roll call vote on the original motion was unani- mous. RESOLUTION NO. 240-1988 See Res. Book No. 67 which is incorporated herein by reference. MUNICIPAL SERVICES (WASTE) Charles Aguero, MSD Manager, discussed the Solid Waste Legislation passed by the 1988 Legislature. Pursuant to that legislation, Mr. Aguero was directed to begin nego- tiations with the Franchisees concerning curbside recycling pick-up. DIVISION OF COMMUNITY SERVICES Extension Services Motion was made by Commissioner Puto and seconded by Mayor Lytton to adopt the following Resolution regarding Simonton Street Boater's Park and authorizing the re- imbursement of $50,000.00 at this time upon the recommen- dation of the County Administrator. LL 143 RESOLUTION NO. 241-1988 See Res. Book No. 67 which is incorporated herein by reference. Jeff Fisher, Director of Extension Services, discussed this matter. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Report Donald Craig, Assistant County Administrator, discussed the fact that the rule adopting those agreed-upon changes in the Land Use Plan Text and Maps will become Law on June 27th. Mr. Craig discussed the filing of the Quarterly Report under the provisions of the DCA Contract. Mr. Craig advised the Board that interviews for the position of Parks and Recreation Director were on-going. He advised that the Planning Commission had begun the process for Map Amendments for the Second Six Months' Review. Mr. Craig informed the Commission that some indivi- duals are in the process of writing a book on Tourism and Development in the Keys and would like to interview the Board members. He advised the Commission that the Staff was pro- ceeding to obtain bids for remodeling of Wing III; that they had advertised in the Florida and the Keys Contractor Associations' publications; that they would be conducting a pre-bid conference; and that they would have sealed bids submitted to the Clerk a week from this coming Friday. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve this procedure and also providing for an exception from the requirement for a Performance Bond as permitted in the Statutes. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to adopt the following Resolution declaring Ken Sorensen as Mayor Emeritus of Monroe County. RESOLUTION NO. 242-1988 See Res. Book No. 67 which is incorporated herein by reference. Ken Sorensen addresed the Board concerning the problems facing Monroe County and the Board, and commended the Commissioners for their service to the people of Monroe County. MISCELLANEOUS Mike Derbonne addressed the Board concerning the annual up-date of the Five-Year Transportation Plan. Harry Reed of the Department of Transportation addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution adopting the First Annual Update FY1988-89 Monroe County Coordinated Transportation Development Plan, subject to a LL 144 future determination- as to the amount and source of funding. Motion carried unanimously. RESOLUTION NO. 243-1988 See Res. Book No. 67 which is incorporated herein by reference. COUNTY ADMINISTRATOR Lavon Wisher, Senior Managing Consultant of Public Financial Management, Inc., addressed the Board concerning the proposed Capital Projects Financing Plan. After discussion, motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve the recommen- dation of PFM to adopt the plan of finance as outlined in their report of May II, 19881 and to authorize PFM to proceed with a competitive method of sale <subject to Market conditions) and after bond Counsel has reviewed the loan pool legal requirements, assess the benefits, if any, to Monroe County. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Planning ~ Development Review Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Mayor to execute on behalf of Monroe County an Agreement with the Florida Department of Community Affairs to exempt from Chapter 9J-I, F.A.C. Review certain types of County Development Orders, with an amendment that consideration include those items included in the Text Amendments recently approved concerning CFS-D Mobile Homes. Motion carried unanimously. RESOLUTION NO. 244-1988 See Res. Book No. 67 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Fire and Rescue The Board was advised of receipt of the following bids for One Aerial Ladder Fire Apparatus and Associated and/or Related Equipment for Municipal Service Taxing District 6: Simon Ladder Towers, Inc. R.D. 2, Cocalico Creek Road Ephrata, PA 17522 80' Stratospear Aerial Ladder Base Bid: $374,219 Option I: + $1,565 Option 2: + $5,400 QS-IIO' Aerial Ladder II - $341,921 w/prog. - $335,824 Dowling Fire Equipment, Inc. Representing E-One Post Office Box 1170 Silver Springs, FL 32688-1170 AS-75' Aerial Ladder .2 - $318,895 w/prog. - $313,063 Reggie Paros, Assistant County Administrator, advised that the bid from Simon Ladder Towers, Inc. was not responsive to the specifications. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez LL 145 to authorize Staff to negotiate with W. D. Dowling, repre- senting E-I, Inc. to obtain an adjustment in the bid that is in accordance with the amounts approved by the Referendum. Motion carried unanimously. DIVISION OF MANAGEMENT SERVICES Grants Management Mike Langton of Langton Associates addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolution authorizing the filing of a Grant Application with the Robert Wood Johnson Foundation for AIDS Service and Prevention Projects and directing the execution of same by the proper County authorities. Motion carried unanimously. RESOLUTION NO. 24S-1988 See Res. Book No. 67 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Engineering Dent Pierce, Assistant County Administrator, and Robert Harris of Post, Buckley, Schuh & Jernigan addressed the Board concerning the Card Sound Bridge. The Board discussed recommendations in the Annual Report from the Consulting Engineers and the recommendations from PFM con- cerning the financing capabilities. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Consulting Engineers and the appropriate County Staff to proceed with Project II, less Item D, and Project III, as listed on Page 3-14 and 3-IS, respectively, of the report of the Consulting Engineer for the Monroe County Card Sound Road and Toll Bridge FacilitY1 prohibiting public access to the west fishing catwalk1 and authorizing the Consulting Engineers and appropriate County Staff to proceed with the permit application process concerning said projects. Motion carried unanimously. RESOLUTION NO. 246-1988 See Res. Book No. 67 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve Section 5 of the recommen- dations from PFM that Monroe County should authorize a Traffic and Revenue Study of the Bridge so that the Board can have all the information needed to adopt a sound long- range financial plan, with the provision that the Traffic Study should be accomplished as part of the HCP process, directing Staff to close all revenue loopholes, and to pre- pare a Study on the long-term revenue estimates at the Bridge. Motion carried unanimously. Mr. Joe Wise of William R. Hough & Co. briefly addressed other financing alternatives. COMMISSIONERS' ITEMS Commissioner Stormont discussed a proposed Resolution relating to the 3rd Cent Tourist Development Tax usage and the Tourist Development Council. Stan Becker of TDC District 2 addressed the Board. Russell Teal, Ellen McFadden and David Horan all addressed the Board concerning I LL _t.~G the proposed Resolution. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution relative to the Third Cent Tourist Tax. RESOLUTION NO. 247-1988 See Res. Book No. 67 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes Yes Yes Motion carried. Commissioner Puto discussed Tourist Development Council volunteers. Karen Horan, President of Seven Foot Key Lime Pie, Inc., addressed the Board and gave the Board some history on the development of the Key Lime pie proce- dure and the need for incorporation. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to authorize payment of the Seven Foot Key Lime Pie expenses excluded from the previous approval of TDC expenditures. Roll call vote was taken with the following results: Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes No Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held for the purpose of deter- m1n1ng whether or not the following described street, alleyway, road or highway shall be abandoned: Commencing on the southerly right-of-way line of said Trinidad Road at the northeasterly corner of Lot 12, Block I of Breezeswept Beach Estates Subdivision recorded as aforesaid: thence bear West along the said southerly line of Trinidad Road, 70.00 feet to the POINT OF BEGINNING of that portion of Trinidad Road herein intended to be described: thence continue bearing West along the said southerly line of Trinidad Road 280 feet to the north- westerly corner of Lot 13, Block I of Breezeswept Beach Estates recorded as aforesaid: thence bear North along the northerly prolongation of the westerly line of said Lot 13, Block I 20.94 feet to a point on the southerly right-of-way line of U.S. Highway No. I: thence bear North 77 degrees 22' - 45' East along the said southerly right-of-way line of U.S. Highway No. I, 133.01 feet to its intersection with the northerly right-of-way line of said Trinidad Road: thence bear East along the said northerly right-of-way line of Trinidad Road 125.20 feet: thence bear South 25.00 feet to the centerline of said Trinidad Road: thence LL 147 bear East along the said centerline of Trinidad Road 25.00 feet; thence bear south 25.00 feet to the southerly right- of-way line of said Trinidad Road and POINT OF BEGINNING, containing 11,489 square feet, i.e. 0.2637 acres more or less. Proof of publication was entered into the record. Erol Vural, attorney representing Joe Glenn, addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolution approving the abandonment. Roll call vote was unanimous. RESOLUTION NO. 248-1988 See Res. Book No. 67 which is incorporated herein by reference. A Public Hearing was then held on a proposed Ordinance providing for the regulations of fence height and setback requirements within the Unincorporated Areas of Monroe County, Florida; providing for severability; pro- viding for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to read by title only. Motion carried unanimously. Bill Smith of the Florida Keys Contractors Association addressed the Board. Donald Craig, Assistant County Administrator of the Growth Management Division, also addressed the Board. By unanimous consent of the Board, this Public Hearing was continued to the next Marathon meeting. DIVISION OF GROWTH MANAGEMENT Vested Rights The Board entered into a discussion concernig the Re-hearing for Oceanside Island Associates, Vested Rights Approval. Jim Hendrick, attorney representing the Petitioners, addressed the Board. Motion was made by Commissioner Stormont and seconded by Mayor Lytton to uphold the decision of the Hearing Officer, and to adopt the following Resolution accepting and adopting the Findings of Fact, Conclusions of Law and Recommended Order concerning the Vested rights Hearing of Oceanside Island Associates. RESOLUTION NO. 249-1988 See Res. Book No. 67 which is incorporated herein by reference. Roll call vote was taken with the following results: ,......,."..'" Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes Yes Yes Motion carried. The Board then discussed the Vested Rights Hearing for Coral Harbor Plaza, Inc. (Joseph Farrugia). Motion was made by Commissioner Hernandez and seconded by Commissioner Stormont to uphold the decision of the Hearing Officer, and to adopt the fOllowing Resolution accepting and adopting the LL ,148 Findings of Fact, Conclusions of Law and Order concerning the Vested Rights Hearing of Joseph Farrugia (Coral Harbor Plaza, Inc.). RESOLUTION NO. 250-1988 See Res. Book No. 67 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No Yes Yes Motion carried. SOUNDING BOARD FOR PUBLIC INPUT Fred Roth addressed the Board concerning a problem with his property in a proposed Land Use Plan Amendment which had been rejected by the Department of Community Affairs. No action was taken. Mr. Roth also briefly discussed an incident that he had had with the Monroe County Sheriff's Department. This matter was referred to Sheriff Freeman. DIVISION OF GROWTH MANAGEMENT Planning ~ Development Review Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve and authorize exe- cution of a Contract between Monroe County and Dames and Moore for completion of the North Key Largo Habitat Conservation Plan. Motion carried unanimously. Donald Craig, Assistant County Administrator, discussed the receipt of Proposals for the Big Pine Key ACCC Study. He indicated that Staff had proceeded to rank the Proposers based upon criteria established by the Department and based upon that ranking, he recommended the firm of Sedway Cooke Associates. Motion was made by Commissioner Hernandez to postpone this item for two weeks. Motion died for lack of a second. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the Staff recommendation awarding the Proposal to Sedway Cooke Associates and including in this action a reference to the evaluation process performed by Staff. Roll call vote was unanimous. COUNTY ADMINISTRATOR Consideration of policy on use of County Beaches and Parks was continued to the next Key West meeting. DIVISION OF GROWTH MANAGEMENT Planning ~ Development Review Donald Craig, Assistant County Administrator, discussed the proposal for a possible acquisition of Boot Key by a combination of the Florida Keys Land Trust and the Department of Natural Resources. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution encouraging the possible I LL M9 acquisition of Boot Key by a combination of the Florida Keys Land Trust and the Department of Natural Resources, and agreeing that if said Key is acquired, the Board will nego- tiate with said agencies for the County to assume certain maintenance responsibilities therefor. Roll call vote was unanimous with Commissioner Hernandez not present. RESOLUTION NO. 251-1988 See Res. Book No. 67 which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES Report Michael Managan, Assistant County Administrator, discussed the recent closing of the Job Service Office in Marathon. He also indicated that the County was in a good position to receive the contract to provide job service facilities in Monroe County. Marianne Salazar of the Florida Department of Labor addressed the Board concerning this matter. DIVISION OF PUBLIC SAFETY Emergency Services Motion was made by Commissioner Hernandez and seconded by Commissioner Puto declaring an emergency exists, waiving the requirements of advertising under the provisions of Florida Statutes 125.66 and waiving notice by a four- fifths vote 1 creating a Municipal Service Taxing Unit or District for the provision of fire and ambulance service in that portion of Monroe County extending from the Cow Key Channel north to Snake Creek1 providing that the Cities of Key Colony Beach and Layton may be included within said Taxing Unit by passing Ordinances of inclusion or that such Cities may obtain District services by entering into Interlocal Agreements with the District1 providing for a District governing bodY1 providing for the powers of such governing body including the right to levy ad valorem taxes1 providing for the financial management of the business of the District including the use of funds, the filing of financial reports, audits, the borrowing of funds, and fiscal year1 providing for referenda when required by General or Special Law, or when General Law requires a bond election, or when the purchase price of an item exceeds $5,0001 providing for the hiring of personnel, independent contractors, and the reimbursement of volunteers1 providing for severabilitY1 providing for the repeal of all Ordinances inconsistent herewith1 providing for incor- poration into the Monroe county Code of Ordinances1 and pro- viding for an effective date. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to read by title only. Motion carried unanimously. There was no public input. Reggie paros, Assistant County Administrator, addressed the need for the Emergency Ordinance, and to have the Ordinance adopted before July lst in order to comply with the Law. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Emergency Ordinance. Roll call vote was unanimous. ORDINANCE NO. 031-1988 See Ord. Book No. 18 which is incorporated herein by reference. LL (}t150 Motion was made by Commissioner Hernandez and seconded by Commissioner Puto declaring an emergency exists, waiving the requirements of advertising under the provisions of Florida Statutes 125.66 and waiving notice by a four- fifths vote~ creating a Municipal Service Taxing Unit or District for the provision of fire and ambulance in that portion of Monroe County extending from Snake Creek north to the southern boundary of the City of North Key Largo Beach and then north to the Dade County Line~ providing for a District governing body~ providing for the powers of such governing body including the right to levy ad valorem taxes~ providing for the financial management of the business of the District including the use of funds, the filing of financial reports, audits, the borrowing of funds, and fiscal year~ providing for referenda when required by General or Special Law, or when General Law requires a bond election, or when the purchase price of an item exceeds $5,OOO~ providing for the hiring of personnel, independent contractors, and the reimbursement of volunteers~ providing for severability~ providing for the repeal of all Ordinances inconsistent herewith~ providing for incor- poration into the Monroe County Code of Ordinances~ and pro- viding for an effective date. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to read by title only. Motion carried unanimously. There was no public input. Reggie Paros, Assistant County Administrator, addressed the need for the Emergency Ordinance, and to have the Ordinance adopted before July lst in order to comply with the Law. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the Emergency Ordinance. Roll call vote was taken with the following results: Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes No Yes Motion failed for the lack of four affirmative votes. DIVISION OF MANAGEMENT SERVICES Grants Management Motion was made by Commisisoner Puto and seconded by Commissioner Stormont to adopt the following Resolution accepting a Grant Award from the Department of Natural Resources Florida Recreation Development Program in the amount of $120,OOO for restoration of the Higgs Beach Pier, construction of a Bicycle Path and related activities, and authorizing the County Administrator to execute any and all necessary documents relating to said Grant Award. Motion carried unanimously with Commissioner Hernandez not present. RESOLUTION NO. 252-1988 See Res. Book No. 67 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Fire And Rescue The Board was advised of receipt of the following bids for Fire Wells <Dry Hydrants), Phase I: M.A.P. Mechanical Contractors, Inc. 18790 S.W. 248th Street Homestead, FL 33031 $165,004.00 LL 151. Youngquist Bros., Inc. 15000 Pine Ridge Road Ft. Myers, FL 33908 $207,500.00 Frank Keevan & Son, Inc. 296 N.E. 60th Street Miami, FL 33137 $214,804.00 Florida Rock & Sand Co., Inc. 15900 S.W. 408th Street Florida City, FL 33034 $291,994.00 Jaffer Associates, Ltd. 2141 S.W. 3rd Street Miami, FL 33135 $387,195.00 Motion was made by Commissioner Puto and seconded by Commissioner Stormont to accept the recommendation of Staff and award the Bid for Fire Wells <Dry Hydrants), Phase I, to the low bidder, M.A.P. Mechanical Contractors, Inc. and to authorize preparation and execution of the necessary contract documents. Motion carried unanimously with Commissioner Hernandez not present. DIVISION OF PUBLIC WORKS Engineering Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve the reduction of the requirement for Contractors Liability Insurance for Frank Keevan & Son, Inc. from $1,000,000 to $500,000 on the Higgs Beach Pier Project. Motion carried unanimously with Commissioner Hernandez not present. COUNTY ADMINISTRATOR Report Tom Brown, County Administrator, discussed a pro- posed meeting with Lonnie Ryder of the Department of Natural Resources concerning beaches. Mayor Lytton called for a Special Meeting on July 6th at 10:00 a.m. at City Hall in Key West. AWARD OF BIDS The Board was advised of receipt of the following bids for the Repair of Daybeacons in Tavernier Creek, Key uargo, Florida Keys, Monroe County: Frank Keevan & Son, Inc. ~nd Street, Stock Island ~ey West, FL 33040 ~arine Construction Equipment ~ox 575 ~ey Colony Beach, FL 33051 $3,770.00 $9,000.00 ~otion was made by Commissioner Puto and seconded by ~ayor Lytton to accept the recommendation of Staff and award ~he Bid for the Repair of Daybeacons in Tavernier Creek, Key ~argo, Florida Keys, to Frank Keevan & Son, Inc. and to idopt the following Resolution authorizing the Mayor to exe- ~ute an Agreement by and between the County and Frank Keevan Son, Inc. concerning the Tavernier Creek Boating mprovement Fund Project. Motion carried unanimously with LL 152 Commissioner Hernandez absent from the meeting. RESOLUTION NO. 253-1988 See Res. Book No. 67 which is incorporated herein by reference. The Board was then advised of receipt of the following bids for the Repair of Daybeacons to Mark Summerland Key (Toppino) Channel and Kemp Channel, Summerland Key, Florida Keys, Monroe County: Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, FL 33040 $24,787.00 $18,000.00 less $200 for each of 7 that contractor feels do not need replacement Motion was made by Commissioner Puto and seconded by Commissioner Stormont to accept recommendation of Staff and reject the bids for the Repair of Daybeacons to Mark Summerland Key (Toppino) Channel and Kemp Channel, Summerland Key, and authorize the readvertisement due to the wide disparity in the bids received. Motion carried unani- mously with Commissioner Hernandez not present. Marine Construction Equipment Box 575 Key Colony Beach, FL 33051 There being no further business, the meeting was adjourned. * * * * *