07/05/1988 Regular
LL154
Regular Meeting
Board of County Commissioners
Tuesday, July 5, 1988
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in Courtroom "B" in the Courthouse Annex, Key West. 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~ Rosalie
L. Connolly, Deputy Clerk~ Randy Ludacer, 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.
Prior to the start of the meeting, Mayor Lytton
directed that the record reflect that on the April 5th
Agenda, proposed Resolutions approving an Agreement and a
Supplement Agreement between the Tourist Development Council
and Keys Advertising & Marketing, Inc. were initially
agendaed under Category B and that the public should be
aware that the change in category today under Category 0 was
not intended to create or imply necessarily any Public
Hearing or public input intent.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
Mayor Lytton recognized Juana Cuellar, Head of
Circulation at the Library, as Monroe County Employee of the
Month for the month of May, 1988, and presented her with a
plaque and savings bond in commemoration thereof.
Mayor Lytton then made a presentation of a
Meritorious Service Award to Rose Adams~ said award was
accepted by Jeff Fisher, Extension Services Director, on
behalf of Ms. Adams.
Mayor Lytton discussed the sale and recordation of
Transferrable Development Rights (TDRs).
Mayor Lytton discussed the status of Vested Rights
Hearings. Donald Craig, Assistant County Administrator for
the Growth Management Division, advised the Board that all
Vested Rights Hearings have been scheduled with Hearing
Officers through December of this year.
After discussion by Mayor Lytton, motion was made
by Commissioner Puto and seconded by Commissioner Freeman to
authorize the Mayor to send a letter to the Planning
Commission requesting that they, sitting as the Local
Planning Agency, perform and submit an interim "Evaluation
and Appraisal" of the Monroe County Comprehensive Land Use
Plan and that said evaluation be submitted no later than
June 30, 1989. Motion carried unanimously.
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SOUNDING BOARD
Tony Herce and Roger Santana appeared before the
Board. Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to contribute $1,000.00 out
of Contingency Funds for financial assistance in defraying
expenses for the Senior Major State Tournament in
Tallahassee. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Hernandez discussed the removal of
derelict junk vehicles in the County. Charles Aguero, MSD
Manager, addressed the Board. Motion was made by
Commissioner Hernandez and seconded by Commissioner Puto to
declare a publicc emergency and schedule an Emergency Public
Hearing for 2:30 p.m. today on the matter of the removal of
derelict junk vehicles in Monroe County. Motion carried
unanimously.
Motion was made by Commissioner Hernandez and
seconded by Mayor Lytton to approve the request for a refund
of a fine by the Building & Zoning Department in the amount
of $250.00 to the Loyal Order of Moose, Marathon Lodge No.
1058 (as per letter dated June 20, 1988 to Donald Craig,
Assistant County Administrator, from Harry Weimer,
Administrator of the Loyal Order of Moose). Motion carried
unanimously.
Commissioner Stormont discussed Commercial/
Residential Waste Charges. Charles Aguero, MSD Manager, was
directed to bring a proposed Resolution regarding this
matter to the next meeting.
Mayor Lytton advised that his Administrative Aide
was on vacation this week and directed that anyone needing
to contact him should leave messages with the County
Administrator's office.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to adopt the following
Resolution authorizing the Mayor/Chairman of the Board to
execute a Lease by and between the County and the South
Florida Council, Boy Scouts of America, Inc. concerning pre-
mises on West Spanish Harbor Key. Motion carried unani-
mously.
RESOLUTION NO. 254-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve the revisions to
the Administrative Procedures and to change the word "on" to
the word "only. in the first line of Paragraph (a) of
Section 1.19 on Page Ten thereof. Motion carried unani-
mously.
Commissioner Freeman discussed the Louis Carbonell
Youth Center. After discussion, motion was made by
Commissioner Freeman and seconded by Mayor Lytton to
authorize the erection of a plaque as a perpetual memorial
to Louis Carbonell and the holding of appropriate ceremo-
nies, at a cost not to exceed $1,000.00, to name the Louis
Carbonell Youth Center. Motion carried unanimously.
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Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to authorize travel for any
County Commissioner to the upcoming NACO Convention in
Anaheim, California. Motion carried unanimously.
Mayor Lytton discussed Zoning Change Requests where
the County is an affected party. After discussion con-
cerning such a request for Harbor 92 Condominium, the Mayor
was directed to sign the request indicating that the County
does not object, subject to all future provisions of due
process.
Mayor Lytton advised the Board of the proposed Big
Pine Key Access Road Agreement. After lengthy discussion,
motion was made by Commissioner Freeman and seconded by
Commissioner Puto to accept the recommendation of the Mayor
and direct the County Attorney to proceed to Chapter 120
Administrative Hearing with the defense that road work is
not considered "development" pursuant to F.S. 163 and 380
and that DCA, the Governor and Cabinet may not impose a
moratorium thereon. Motion carried unanimously.
Mayor Lytton discussed a memorandum from Lucien
Proby, former County Attorney, regarding the K-Mart traffic
situation. After discussion, motion was made by Mayor
Lytton and seconded by Commissioner Freeman to direct the
County Attorney to notify all parties to the K-Mart
Agreement that the County is not a party signatory to the
Agreement and that an appeal to the Board of County
Commissioners is inappropriate. Motion carried unanimously.
The Board paid special recognition to Rosalie
Connolly, Deputy Clerk, and welcomed her back to work after
a long illness.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the following items
by unanimous consent:
Board approved the removal of the following items from the
Inventory of the Public Works Division:
0940-152
0902-383
0902-417
267-29
4102-73
2670-252
2671-114
1001-203
1401-148
2671-70
0800-6
1852-6
Sears Air-Conditioner
Kenmore Vacuum
S.S.S. Wet Dry Vac
Clark Floor Shampooer
Clark Floor Shampooer
Sears Floor Machine
Sears Air-Conditioner
Friedrick Air-Conditioner
Office Chair
Sears Air-Conditioner
Office Chair
Daikin Air-Conditioner
Board adopted the following Resolution concerning receipt of
unanticipated funds regarding the Social Services CCDA
Program.
RESOLUTION NO. 255-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
regarding the Social Services CCDA Program.
LL 00157
RESOLUTION NO. 256-1988
See Res. Book No. 67 which is-rncorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds regarding the Social Services CCE
Program.
RESOLUTION NO. 257-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
concerning the Social Services CCE Program.
RESOLUTION NO. 258-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds regarding the Social Services SCSE
Program.
RESOLUTION NO. 259-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
regarding the Social Services SCSE Program.
RESOLUTION NO. 260-1988
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. 261-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds received from the State of Florida
Department of Community Affairs.
RESOLUTION NO. 262-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Wilson M. Bane for the enclosure of 1710 square feet
below the single-family residence, 234 square feet existing,
for storage and parking only, 3.5 feet above mean sea level,
on Lot 15, Whispering Pines II, Big Pine KeY1 Zoned IS -
Improved Subdivision1 Coastal Flood Zone A-lO, Panel l536C.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Richard G. Carter for a 575 square foot addition to the
existing garage below the base flood elevation on Lot 3,
Ocean Reef Club, Key Larg01 Zoned UR - Urban Residentia11
Coastal Flood Zone A-16, Panel 0659E.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Frank G. Favorite for a 1,029 square foot enclosure below
LL 158
the existing single-family residence, for storage and
parking only, on Lot 19, Block 1, Summerland Cove Isles,
Summerland Key; Zoned IS - Improved Subdivision; Coastal
Flood Zone V-12, Panel 1514C.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Ricardo N. Fernandez for the placement of a mobile home
below the required base flood elevation in a pure mobile
home park on Lot 29, Block 1, Blue Water Trailer Village,
Section 4, Key Largo; Zoned URM - Urban Residential Mobile
Homes; Coastal Flood Zone V-21, Panel 0994C.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of John Hopkins for the enclosure of 400 square feet in
addition to 298 square feet existing under the single-family
residence, for storage only, on Lot 45, Block 1, Flamingo
Island Estates, Boot Key; Zoned IS - Improved Subdivision;
Coastal Flood Zone A-13, Panel 1579C.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Marc A. and Anita M. Lapointe for the placement of a
mobile home below the base flood elevation in a pure mobile
home park on Lot 2, Section 2, Wynken, Blynken, Nod, Key
Largo; Zoned URM - Urban Residential Mobile Homes; Coastal
Flood Zone A-16, Panel 1011C.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Delight K. Rella for a 1,080 square foot enclosure below
the existng single-family residence, for storage and parking
only, on Lot 56, Sugarloaf Shores, Section C, Sugarloaf Key;
Zoned IS - Improved Subdivision; Coastal Flood Zone A-lO,
Panel 1493C.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Don C. Strock for a 500 square foot shed to be placed
below the required base flood elevation on Lot 17, Greiser,
Avenue I, Big Pine Key; Zoned IS - Improved Subdivision;
Coastal Flood Zone V-12, Panel l537C.
Board authorized the refund of $250.00 to Roger and Linda
Yorde inasmuch as their Administrative Appeal application
was withdrawn.
COUNTY ATTORNEY
Board granted permission to advertise an Ordinance adopting
uniform rural speed zones on County roads; providing for
severability; providing for repeal of Ordinances or parts
thereof in conflict; providing for inclusion in the Monroe
County Code; and providing an effective date.
Board granted permission to advertise an Ordinance
establishing a fine of $250.00 for illegal parking in
parking spaces designated for certain disabled persons under
F.S. 316.1955 and 316.1956; providing for the deposit of
such additional fine; providing for the utilization of such
additional fine; providing for severability; providing for
the repeal of all Ordinances or parts thereof in conflict;
providing for inclusion in the Monroe County Code; and pro-
viding for an effective date.
Board adopted the following Resolution authorizing the
,
LL 159
Mayor/Chairman of the Board to execute an Addendum to
Agreement for Baker Act Matching Funds by and between the
Board of County Commissioners and the Mental Health Care
Center of the Lower Keys, Inc.
RESOLUTION NO. 263-1988
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 an Addendum to
Agreement for Baker Act Matching Funds by and between the
Board of County Commissioners and the Guidance Clinic of the
Upper Keys.
RESOLUTION NO. 264-1988
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 a Lease Agreement by
and between the City of Key West and the County of Monroe
concerning the Sewage Treatment Plant for the Public Service
Building on Stock Island.
RESOLUTION NO. 265-1988
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 an Amendment to
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. 266-1988
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 a Lease with Bob
Chango, Inc. for an automobile for the County Attorney.
RESOLUTION NO. 267-1988
See Res. Book No. 67 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Extension Services
Board adopted the following Resolution ratifying the
emergency execution by the Mayor of an Amendment to Project
Agreement between the Florida Department of Natural
Resources and Monroe County concerning Big pine Modular
Reef.
...-..
RESOLUTION NO. 268-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board authorized payment of $17,877.00 to Frank Keevan &
Son, Inc. for completion of work on the Big Pine Shoal
Modular Artificial Reef project.
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Social Services
Board ratified execution of the Admission Agreement dated
June 17, 1988 for Joseph A. Russell, Resident of Bay Shore
Manor.
Board approved the proposed 1988-89 Community Care for
Disabled Adults (CCDA) Grant with a gross budget of
$137,095.87.
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute Contract No. KG-8l2
by and between the State of Florida Department of Health and
Rehabilitative Services and Monroe County (In-Home
Services).
RESOLUTION NO. 269-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board approved the proposed 1988-89 Community Care for the
Elderly (CCE) Grant with a gross budget of $514,488.00 (less
Project income of $9,600.00).
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute CCE Contract No.
89-55-878 by and between the United Way of Dade County/Area
Agency on Aging for Dade and Monroe Counties and the Monroe
County Board of County Commissioners/Monroe In-Home
Services.
RESOLUTION NO. 270-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board approved the Senior Community Service Employment
Project Budget and Grant for 1988-89 with a County Match of
$21,000.00.
Board accepted recommendation of Staff to award the Bid
Proposal to Florida Health Nursing Services, Inc., 1510
Venera Avenue, Coral Gables, for Personal Care Assessment
In-Home Services for clients in the CCE and CCDA Programs as
follows:
Initial Visit
Review Visit
Travel
$15.00 per client
$10.50 per client
$.20 per mile
and adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Contract by and
between the Board of County Commissioners of Monroe County
and Florida Health Nursing Services, Inc. concerning nursing
services for Community Care for the Elderly (CCE) and
Community Care for Disabled Adults (CCDA) clients.
RESOLUTION NO. 271-1988
See Res. Book No. 67 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Building Department
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Interlocal
Agreement by and between Monroe County and the City of Key
LL 161
Colony Beach concerning collection, holding in trust, and
transfer of impact fees.
RESOLUTION NO. 272-1988
See Res. Book No. 67 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Fiscal Management
Board adopted the following Resolution adopting Amendments
to the Purchasing policies for the Monroe County Board of
County Commissioners.
RESOLUTION NO. 273-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Grants Management
Board adopted the following Resolution accepting a Grant
from the Florida Department of Natural Resources for the Big
Pine Key Park and directing the execution of same by the
proper County authorities.
RESOLUTION NO. 274-1988
See Res. Book No. 67 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Civil Defense
Board approved and authorized the appointment of William A.
Wagner, III as Civil Defense Area Coordinator for the Middle
Keys.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. Vernis & Bowling, in the amount of $750.00,
for professional services in re Feldstein v.
Monroe County.
2. Public Financial Management, Inc., in the
amount of $2,543.99, for financial advisory
services through May 15, 1988.
3. Rosenman & Colin, in the amount of $3,051.47,
for professional services in re Translator.
4. Spottswood, Spottswood and Spottswood, in the
amount of $288.00 for professional services
in re Monroe County v. Key Largo Lodge.
Board approved the policy on Procedures For Using County
Property For Special Events (as set out in County
Administrator's memorandum to Board dated June 24, 1988).
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Angel
Velez-Diaz, Ph.D., in the amount of $290.00: Richard
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Hellmann, Ph.D., in the amount of $400.00: Guillermo D.
Marcovici, M.D., in the amount of $250.00: Mental Health
Care Center of the Lower Keys, Inc., in the amount of
$600.00: Tanju T. Mishara, Ph.D., in the amount of $450.00.
COURT-APPOINTED ATTORNEYS, Michael E. Cox, in the
amount of $350.00: Jeff Hall, in the amount of $317.50:
william Kuypers, in the amount of $1,153.00: Charls M.
Milligan, in the amount of $6,205.00: Lissa C. pancare, in
the amount of $2,487.50.
OTHER EXPENSES, State of Florida, in the amount of
$1,216.78.
EXTRADITION COSTS, William A. Freeman, Jr.,
Sheriff, in the amount of $16,553.78.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $1,044.75: Florida Keys
Reporting, in the amount of $172.50: Nancy Maleske, in the
amount of $1,072.50.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $300.00: Serafin Calero, in the amount of $35.00:
Jerome Grapel, in the amount of $25.00: Jose E. Vazquez, in
the amount of $40.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $7,677.44: Regular Witness Fees, in the amount of
$95.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, #89969-#90742, in the amount
of $2,330,875.24. ----
SUPPLEMENT TO GENERAL REVENUE FUND, 1239-1240, in
the amount of $27,952:03.
FINE ~ FORFEITURE FUND, #718-'721 except 1720, in
the amount of $65,832.13.
AIRPORT OPERATION & MAINTENANCE FUND, #469-471, in
the amount of $17,306.09.
ROAD & BRIDGE FUND, #513-514, in the amount of
$42,95l.5~ - ----
MSD TAX DISTRICT, 11118-1129, #1120 void, in the
amount of-s465,584.2l.
MSD - MARINE BANK (Marathon), #436-#438, in the
amount of~5,595.83.
MSD - PLEDGED FUNDS, #118-#119, in the amount of
$400,000.00. -
$999.83.
LAW LIBRARY FUND, #241-#242, in the amount of
CAPITAL PROJECTS FUND, '297-#298, in the amount of
$21,838.07. ----
MONROE COUNTY GROUP INSURANCE, #249-#250, in the
amount of $1,799.06.
CARD SOUND BRIDGE FUND, #229-#230, in the amount
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of $11,023.04.
WORKERS COMPENSATION, #2545-#2561, in the amount of
$20,943.97.
TOURIST DEVELOPMENT COUNCIL, 1517-'518, in the
amount of $180,603.17.
TRANSLATOR FUND, 1182-#183, in the amount of
$8,300.67. ----
CROSS KEY WATERWAY, #59-#61, #59 void, in the
amount of $29,468.26.
003 COMMUNITY DEVELOPMENT BLOCK GRANT, 10012-10014,
in the amount of $61,032.27.
003 MONROE COUNTY RENTAL REHABILITATION PROGRAM,
Marine Bank, 10003, in the amount of $42,019.02.
503 RISK MANAGEMENT FUND, Marine Bank, 1002-'004,
in the amount~$109,96.59.
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, 1145-'146, in the amount of $105,039.46.-
715 MARINERS HOSPITAL SPECIAL TAX DISTRICT, The
Islamorada Bank, #39-140, in the amount of $33,174.08.
718 VENETIAN SHORES SPECIAL ROAD DISTRICT, The
Islamorada Bank, 10011, in the amount~$24.55.
Motion carried unanimously with Commissioner Hernandez not
present.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve, per Staff con-
ditions and recommendations, the Application for Variance to
the Flood Hazard Ordinance of David R. Lester for the place-
ment of a free-standing 288 square foot garage below the
required base flood elevation (owner's bid - $1,119.00) on
Lot 3, Block 1, Plantation Tropical Park, Plantation Key:
Zoned URM - Urban Residential Mobile Home: Coastal Flood
Zone V-13, Panel 0993. Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to approve, per Staff con-
ditions and recommendations, the Application for Variance to
the Flood Hazard Ordinance of Blair Mooney for an 800 square
foot enclosure for limited storage and parking only, on a
short-term basis, which is following the guidelines of
Federal Regulations, on Lot 27, Block 1, Cudjoe Ocean
Shores, Cudjoe Key: Zoned SC - Suburban Commercial: Coastal
Flood Zone V-12, Panel 15l1D. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Hernandez authorizing the refund of
$250.00 to Donald J. Appleby inasmuch as his application for
a Map Amendment had been withdrawn, but directing that said
refund be made subject to clarification regarding the
storage of traps. Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner Hernandez advised the Board that
LL
ffi4
George Faraldo, former Airport Manager, had recently passed
away and that his funeral was taking placce at 3 o'clock
this afternoon. After discussion, motion was made by
Commissioner Hernandez and seconded by Commissioner Freeman
to order the County flag flown at half-mast today over the
Key West International Airport in recognition of George
Faraldo's dedication and faithful service to the County.
Motion carried unanimously.
MUNICIPAL SERVICES DISTRICT (WASTE)
Charles Aguero, MSD Manager, discussed a meeting in
Gainesville on the new Solid Waste Bill. Motion was made by
Mayor Lytton and seconded by Commissioner Stormont to
authorize any future travel for any Commissioner in connec-
tion with Solid Waste hearings. Motion carried unanimously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution clarifying the fiscal handling of bill payments
by the Municipal Service District. Motion carried unani-
mously.
RESOLUTION NO. 275-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Hernandez to adopt the following Resolution
transferring funds regarding Municipal Service District
Waste Fund #104. Motion carried unanimously.
RESOLUTION NO. 276-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Hernandez to adopt the following Resolution
concerning decrease in receipt of unanticipated funds
regarding Municipal Service District I & S Fund. Motion
carried unanimously.
RESOLUTION NO. 277-1988
See Res. Book No. 67 which is incorporated herein by
reference.
COUNTY ATTORNEY
Commissioner Hernandez discussed certain items he
felt should be considered in the proposed ordinance
establishing a fine of $250.00 for illegal parking in spaces
designated for certain disabled persons.
DIVISION OF COMMUNITY SERVICES
Airport Services
Art Skelly, Airport Director, advised the Board
that both taxicab concessions are current and paid in full.
Darren Guttman of Five 66666 Cab Company addressed the
Board. The Board directed Mr. Skelly to research and bring
back to the Board at the next meeting a report on fees
charged to taxi companies and also to hotels.
After discussion, Mr. Skelly was directed to
investigate the possible transfer of the South Gate opera-
tions to the Main Building and report back to the Board.
LL 1.65
Consideration of the APCOA Concession Agreement for
auto parking at Key West International Airport was post-
poned. The Airport Director was instructed to bring this
proposed Agreement to the Board for their consideration as
soon as possible and the Legal Department was directed to
verify that the funds involved are able to be used
appropriately.
DIVISION OF GROWTH MANAGEMENT
Report
Donald Craig,
addressed the Board.
contract for the Big
shortly.
Assistant County Administrator,
He advised that the consultant's
Pine Focal Point should be forthcoming
In order to better coordinate all of the Keys'
offices with the workings of the Land Use Plan, etc., Mr.
Craig advised that his division would be holding training
meetings at least once every three months for all his Staff,
the first of which meetings is scheduled to be held on July
13th. He further advised that his offices would be closed
from 1:00 to 5:00 on those meeting days and that he would
place newspaper advertisements to advise the public of same.
Mr. Craig advised the Board that new legislation
effective July 1, 1988 requires the County, in cooperation
with HRS, to collect a fee of l~ per square foot under roof
for the review of building permits in regard to radon gas
danger. He further advised that an appeal would be made to
HRS that this fee is not appropriate for the Keys.
Building Department
Mr. Craig addressed the Board concerning the pro-
posed purchase of fourteen automobiles and pick-ups for the
Building Department and Environmental Resources Division and
post-Disaster Relief. After lengthy discussion, motion was
made by Commissioner Hernandez and seconded by Commissioner
Freeman to delay the purchase of the vehicles. Roll call
vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
No
No
No
Motion failed. Motion was then made by Commissioner
Stormont and seconded by Commissioner Puto that with regard
to the proposed purchase of the vehicles, the Assistant
County Administrator for the Growth Management Division be
directed to develop a full concept with appropriate bid
quotes and full projection of every aspect of the program
and to include specifics as to cost and utilization: to
authorize the seeking of bids for the fourteen vehicles
under the County bid process with the ability to reserve,
modify and/or reject all bids: and to test the market on
fleet acquisition purchases. Roll call vote was taken with
the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
No
Yes
Yes
Yes
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166
Motion carried.
addressed
Activity.
addressed
Herbert Rabin, Building Official/Director,
the Board concerning Permitting and Unlicensed
Bill Smith of the Florida Contractors Association
the Board. No action was taken.
The Board recessed for lunch.
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The Board reconvened at 2:00 p.m. with all
Commissioners present.
Mayor Lytton announced that there would be a Joint
City/County Commission Meeting tomorrow at 10:00 a.m. at
the Key West City Hall. He also advised that Lonnie Ryder
from the State Department of Natural Resources would be in
attendance.
SOUNDING BOARD
James Miller and Bill Grimes of the Port Pine
Heights Property Owners Association addressed the Board
regarding the problem of commercial tour buses in Port Pine
Heights on Big Pine Key. After lengthy discussion, motion
was made by Commissioner Hernandez and seconded by
Commissioner Puto to adopt the following Resolution
regarding the discouragement of commercial tour buses in the
Port Pine Heights area on Big Pine Key and to direct the
County Administrator to contact all commercial bus tour com-
panies in the State with a letter and copy of said
Resolution. Motion carried unanimously.
RESOLUTION NO. 278-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Motion was then made by Commissioner Hernandez and seconded
by Commissioner Freeman to instruct the Assistant County
Administrator for the Public Works Division and the County
Administrator to prepare a sign with proper wording to
direct these commercial tour buses to a different route.
Motion carried unanimously.
Barry Kaplan, General Manager of the Key West Hyatt
Regency, addressed the Board regarding the Key West
International Airport and offered to supply volunteer
employees of the Hyatt to repaint the interior of the
Airport's public areas. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to direct
the County Administrator and Airport Director to meet with
the General Manager of the Key West Hyatt Regency and work
out a program to accept the offer of Hyatt's volunteer
employees to repaint the interior of the Airport's public
areas, with cost of materials to be borne by the County.
Motion carried unanimously.
PUBLIC HEARINGS
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman declaring that an emergency
exists, waiving the requirements of advertising under the
provisions of Florida Statutes 125.66 and waiving notice by
a four-fifths vote: amending Section 2-15.2, Monroe County
Code, in order to provide a procedure for the removal of
LL'167
abandoned and lost property located on public property: pro-
viding for severability: providing for repeal of all
Ordinances inconsistent herewith: providing for incor-
poration into the Monroe County Code: and providing an
effective date. Roll call vote was unanimous. Motion was
then made by Commissioner Hernandez and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. Paul Galloway of the Stock Island Volunteer
Fire Department, Bob Heker of B & B Used Auto Parts, and Ron
Stack of the Code Enforcement Division addressed the Board.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Puto to adopt the following Emergency
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 032-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
MISCELLANEOUS
Mayor Lytton read a statement concerning the con-
duct of the meeting relative to the consideration of Agenda
Items 0-1 and 0-2 dealing with the agreements between the
Tourist Development Council and Keys Advertising &
Marketing, Inc. During his statement, he presented to the
Clerk for the record a copy of the findings of the State
Commission on Ethics in the matter concerning Keys
Advertising & Marketing contracts which indicated that there
was no conflict of interest since it did not involve either
a public official or an employee of the County. Randy
Ludacer, County Attorney, advised the Board that the
contracts were legally sufficient. Stacey Williams of the
Office of Fiscal Management advised the Commission that her
department had made some technical modifications to the
proposed contract. Following this, the Chairman ruled that
there would be no public input on these items and that con-
versation by the Commission would be limited to con-
sideration of the contracts. The Board then discussed the
Mayor's ruling concerning public input. Motion was made by
Commissioner Stormont and seconded by Commissioner Hernandez
to overrule the Chair and allow public input on both of the
subject Agenda items. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
No
Yes
No
Motion to overrule the Chair failed. Motion was then made
by Commissioner Stormont and seconded by Commissioner
Hernandez to deny Agenda Items 0-1 and 0-2 dealing with the
contracts between the Tourist Development Council and Keys
Advertising & Marketing, Inc. During discussion,
Commissioner Hernandez objected to the motion being called
for a vote without public input. Commissioner Stormont then
withdrew the motion to deny. Motion was made by
Commissioner Stormont and seconded by Commissioner Hernandez
to extend the existing contracts for a thirty-day period and
to conduct a Public Workshop on the proposed contracts at a
future date. Mayor Lytton attempted to amend the motion to
award the contracts for a one-year period and to conduct
Public Workshops in the interim on the remaining questions.
Commissioner Stormont refused to accept the amendment to his
motion. Roll call vote on the original motion was taken
with the fOllowing results:
LL 1.68
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
No
Yes
No
Motion carried. Motion was then made by Commissioner
Hernandez to conduct a Public Workshop at 4:00 p.m. on this
date. Motion died for lack of a second. The Board
discussed the possible holding of a Public Workshop/Special
Meeting to be held on July 14th in Key West at a time and
place to be determined by the County Administrator. After
further discussion, motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to reconsider
the Board's previous action. Roll call vote on the motion
to reconsider was taken with the following results:
Commissioner Freeman
Commissioner Hernanddez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
Motion carried. The following individuals then addressed
the Board concerning the subject items: Harry Powell, David
Paul Horan, Dave Vincent, Peter Anderson, Jim Robinson,
Vicki Roush, Neil Boyce, Harry Galloway, Penelope Mason, Ray
Albury, John Parks, Jim McLernan, Stanley Becker, Bob
Houston, Bob Bernreuter, Cecelia Roycraft, A. C. Weinstein,
Bill Wickers, Jr., Ed Swift, Larry Marks, Linda Wheeler,
Elliot Baron, Randy Moore, and William Kemp. Following pre-
sentations by the foregoing speakers, motion was made by
Commissioner Hernandez and seconded by Commissioner Puto to
close public input. Motin carried unanimously. Motion was
made by Commissioner Hernandez and seconded by Commissioner
Stormont to extend the existing contracts for thirty days
and to call for a Special Meeting for the purpose of
discussing the contracts and possible amendments to the TDC
Ordinance, said meeting to be called for July 14th. Roll
call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
No
Yes
No
Motion failed. Motion was then made by Commissioner
Hernandez and seconded by Commissioner Stormont to extend
the existing contracts to January 1, 1989. 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.
PUBLIC HEARINGS
A Public Hearing was held concerning the proposed
closing of the highway, street or road described as follows:
a portion of First Avenue beginning
approximately 50 feet to the east of
,
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the intersection of First Avenue and
First Street and continuing approx-
imately 170 feet to the dead end of
First Avenue, Stock Island, Monroe
County.
Proof of publication was entered into the record. Motion
was made by Commissioner Hernandez and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. Paul Galloway addressed the Board. Motion was
made by Commissioner Hernandez and seconded by Commissioner
Freeman to adopt the following Resolution approving the
closing. Motion carried unanimously.
RESOLUTION NO. 279-1988
See Res. Book No. 67 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance amending Section 13-29, Monroe County Code,
entitled "Ad Valorem Tax Levied": providing for severabili-
ty: providing for repeal of all Ordinances or parts of
Ordinances in conflict herewith: providing for inclusion in
the Monroe County Code: and providing for an effective date.
Proof of publication was entered into the record. Motion
was made by Commissioner Puto and seconded by Commissioner
Freeman to read by title only. Motion carried unanimously.
There was no public input. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 033-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
authorizing the Clerk of the City of Key West, Florida,
through the Clerk of the County Court or the Traffic
Violations Bureau to transmit to the Tax Collector of Monroe
County, Florida, the names of persons who have accumulated
five or more City parking violations: directing the Tax
Collector not to issue any license plates or revalidation
stickers to such persons until the parking tickets have been
paid: providing that the Clerk of the County Court and the
Tax Collector may each retain a fee as prescribed by
Statutes of the parking fines so collected for administra-
tion expenses: providing for severability: providing for
repeal of all Ordinances in conflict herewith: providing for
incorporation into the Monroe County Code: and providing for
an effective date. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to read by title only.
Motion carried unanimously. There was no public input.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Freeman to continue to the next meeting.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Code Enforcement Department
Tom Brown, County Administrator, briefly addressed
the Board. Sheri Smallwood, Legal Counsel for the Code
Enforcement Department, and Ron Stack, Code Enforcement
Administrator, addressed the Board concerning recent amend-
ments to the Code Enforcement policies and procedures which
had been approved as amendments to the Land Use Plan and
adopted by DCA. This matter was referred to Staff, the
LL 170
County Administrator and the County Attorney for their
recommendations to the Board.
DIVISION OF MANAGEMENT SERVICES
Report
Mi~hael Managan, Assistant County Administrator,
addressed the Board concerning the JTPA programs and advised
the Commission that these programs expired on June 30th,
and that the County was not yet in possession of the
contracts for the program extensions but felt that they
would be forthcoming shortly. The Board acknowledged this
and agreed that the programs should continue to function
during the interim.
Personnel and Insurance
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to authorize a transfer
from Risk Management Reserve Fund to the appropriate fund
and approval of payment of $53,000.00 from that
appropriation for legal services concerning the Federal
jail litigation. Motion carried unanimously.
DIVISION OF PUBLIC SAFETY
Report
Reggie Paros, Assistant County Administrator,
advised the Board that Key Colony Beach had voted to join
the Lower Keys Fire and Ambulance Tax District and that the
City of Layton would be voting on the issue shortly.
Fire and Rescue
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to approve the purchase of the
Aerial Ladder Fire Apparatus for MSTD '6 from Dowling Fire
Equipment, Inc. at a negotiated amount of $350,000.00 which
is a difference of $24,219.00 from Dowling's original bid
proposal. Motion carried unanimously.
DIVISION OF PUBLIC WORKS
Report
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize repairs to Harry Harris
Park in the estimated amount of $5,000.00. Motion carried
unanimously.
Dent Pierce, Assistant County Administrator,
advised the Board that 90% of the Jail Contract work was
complete and that inspection would be held on July 21st.
Mr. Pierce discussed the on-going work of
Hewitt-Kier Construction Company on the reconstruction of
the first floor of the Courthouse Annex Building.
Consulting Engineer
The Board was advised of receipt of the following
bids for Plantation Key Roads II (Venetian Boulevard):
LL 171
The Brewer Co. of General Asphalt
Florida, Inc. Co. , Inc.
Alternate A $233,815.15 $209,677.50
Alternate B $229,322.45 $199,101.00
Alternate C $215,034.00 $188,165.00
No action was taken.
Bob Harris of Post, Buckley, Schuh & Jernigan
gave the Board an up-date on the Higgs Beach Pier Project.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution amending Resolution No. 246-1988 concerning the
Monroe County Card Sound Road and Toll Bridge Facility.
Motion carried unanimously.
RESOLUTION NO. 280-1988
See Res. Book No. 67 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution concerning receipt of unanticipated funds for the
year 1988 to account for unanticipated funds received from
Other Governmental Agencies. Motion carried unanimously.
RESOLUTION NO. 281-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Hernandez to adopt the following
Resolution exempting Judicial Officers from verifying long
distance telephone calls on the Monthly Call-Accounting
Report. Motion carried unanimously.
RESOLUTION NO. 282-1988
See Res. Book No. 67 which is incorporated herein by
reference.
There being no further business, the meeting was
adjourned.
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