07/19/1988 Regular
LL 174
Regular Meeting
Board of County Commissioners
Tuesday, July 19, 1988
Tavernier
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
at the Elks Club in Tavernier. 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; 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.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
Mayor Lytton and the Board discussed the future
disposition of Truman School. Fred Tittle, attorney,
addressed the Board. No action was taken.
Motion was made by Commissioner Puto and seconded
by Commissioner Hernandez to adopt, as amended, the
following Resolution relative to Volunteer Fire Department
Personnel in Districts I through 6 of Monroe County and
Volunteer Ambulance Personnel in Districts 5 and 6 of Monroe
County.
RESOLUTION NO. 283-1988
See Res. Book No. 67 which is incorporated herein by
reference.
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.
Commissioner Stormont discussed a request by the
Upper Keys Softball League and Community Recreation
Association to use Harry Harris Park for a benefit for the
Children's Center. Motion was made by Commissioner Stormont
and seconded by Commissioner Freeman to approve the request
by the Upper Keys Softball League and Community Recreation
Association to use Harry Harris Park for a benefit for the
Children's Center on August 27th and August 28th. Motion
carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to reconfirm the Board's pre-
vious decision of March 7, 1986 indicating that signs would
be allowed at Harry Harris Park to reflect the business sup-
port for recreation in the area. Motion carried unani-
mously.
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Commissioner Hernandez discussed the City of Key
West's action to reject a waiver of building permit fees for
the County's project to improve the Courthouse Annex in
Jackson Square in Key West. After discussion, motion was
made by Commissioner Hernandez and seconded by Commissioner
Freeman to refer this matter to the County Administrator and
to request the City of Key West to reconsider their action
and grant the waiver as requested. Motion carried unani-
mously.
Mayor Lytton discussed the pending lawsuit con-
cerning Boot Key. Staff advised that this was possibly pre-
mature since the request for a Land Use Plan designation
change was automatically put into the Six Months' Review
Process which is still pending. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
table. Motion carried unanimously.
Motion was made by Commissioner
seconded by Commissioner Puto to approve
Authority to Key Biscayne on July 18th.
nimously.
Freeman and
travel of the Beach
Motion carried una-
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Hernandez to approve the following
items by unanimous consent:
Board approved request of VFW Post 10211 to use Harry Harris
Park on October 9, from 10:00 a.m. to 4:00 p.m., for their
VFW District 5 Picnic and Meeting.
Board approved request of Key Largo Chamber of Commerce to
use Harry Harris Park on November II, November 12 and
November 13, from 7:00 a.m. till dark, for the 7th Annual
Island Jubilee.
Board authorized payment of $485.00 to Lopez Funeral Home
for a male pauper burial (date of death - May 23, 1988).
Board adopted the following Resolution concerning receipt of
unanticipated funds and rescinding Resolution No. 485-1987.
RESOLUTION NO. 284-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board adopted the following Resolutions transferring funds
for the year 1987-88.
RESOLUTION NO. 285-1988
RESOLUTION NO. 286-1988
RESOLUTION NO. 287-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board authorized payment of bill to Miami Orthopedic
Associates for trauma care rendered to Jana Brady (total
cost - $8,590.00; Monroe County cost - $277.00).
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Edgar J. Humsjo for the construction of a 160 square foot
shed below the required base flood elevation on Lot 38,
Block I, Coral Shores Estates, Little Torch Key; Zoned URM -
Urban Residential Mobile Home; Coastal Flood Zone V-12,
Panel 1509D.
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Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of William H. Nickless for the addition of bedroom, bathroom
and gable roof to be built below the base flood elevation on
Lot 20, Block K, Pine Heights, Big Pine Key; Zoned SS (ACCC)
Sparsely Settled (Area of County Critical Concern); Coastal
Flood Zone A-IO, Panel 1509D.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of palomino's Seafood for the construction of a 28 x IS
building for commercial fishing business to be built below
the base flood elevation, Metes and Bounds, Upper Matecumbe
Key; Zoned SR - Suburban Residential; Coastal Flood Zone
A-13.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Wesley Sizemore for a 460 square foot enclosure below
single-family residence, in addition to 299 square feet per-
mitted, for storage and parking only, on Lot 12, Block 2,
Amended Plat of Coppitt, Big Coppitt Key; Zoned IS -
Improved Subdivision; Coastal Flood Zone A-IO, Panel 1731C.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Amendment to
Agreement by and between Monroe County and Kemp & Rosasco,
Certified Public Accountants.
RESOLUTION NO. 288-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Board adopted the following Resolution setting date, time
and place for Public Hearing for proposed abandonment of St.
Peter's Drive, Big Pine Key, Monroe County.
RESOLUTION NO. 289-1988
See Res. Book No. 67 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Airport Services
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute Supplemental
Agreement No. One by and between the Board of County
Commissioners of Monroe County and the Department of
Transportation (F.A.A.) in order to delete from Lease No.
DTFA06-86-L-lOI75 the Supervisory Electronics Maintenance
Technician's office space located at the Key West
International Airport.
RESOLUTION NO. 290-1988
See Res. Book No. 67 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Fire and Rescue
Board authorized purchase of firefighter's wearing apparel
for the fire departments as follows:
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Department Coats Pants Helmets Boots Gloves Total
Stock Island 5 5 0 I 0 $ 2136.65
Big Coppitt 2 2 5 I 0 1208.98
Marathon 10 8 10 12 0 5014.00
Conch Key 8 0 0 0 0 1989.12
Layton 3 3 2 0 0 1369.92
Islamorada 8 8 8 8 8 4273.60
Tavernier 5 12 0 9 13 3740.18
Key Largo 10 10 0 0 48 4661.68
51 48 25 31 69 $24,394.13
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
I. Stephens, Lynn, Klein & MCNichOlas, in the amount
of $2,508.11, for professional services in re
Ashe v. Monroe County.
2. Winifred Sheridan Smallwood, in the amount of
$240.00, for professional services rendered in
re Code Enforcement, 5/21 thru 5/27/88.
3. Winifred Sheridan Smallwood, in the amount of
$422.05, for professional services rendered in
re Code Enforcement, 5/28 thru 6/3/88.
4. Winifred Sheridan Smallwood, in the amount of
$40.00, for professional services rendered in
re Code Enforcement, 6/4 thru 6/10/88.
5. Winifred Sheridan Smallwood, in the amount of
$20.00, for professional services rendered in
re Code Enforcement, 6/11 thru 6/17/88.
6. Winifred Sheridan Smallwood, in the amount of
$2,146.00, for professional services rendered
in re Code Enforcement, 6/18 thru 6/22/88.
7. Muller, Mintz, Kornreich, Caldwell, Casey,
Croslan & Bramnick, P.A., in the amount of
$8,203.43, for professional services thru
6/30/88.
8. David Paul Horan & Associates, P.A., in the
amount of $2,748.67, for professional services
in re Monroe County v. State of Florida.
9. Taylor, Brion, Buker & Greene, in the amount of
$75.63, for professional services in re Pennekamp,
et al v. Proby, et ale
10. Post, Buckley Schuh & Jernigan, Inc., in the
amount of $28,484.28, Road Invoice for month of
May, 1988.
--
II. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $4,287.09 for Capital Projects
Services for 4/30 thru 5/27/88.
12. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $3,267.26, for General Capital Projects
Services for 5/27 thrugh 6/24/88.
13. Post, Buckley, Schuh & Jernigan, Inc., in the
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amount of $388.72, for Invoice 117 re Plantation
Key Government Center Wastewater Treatment Plant.
14. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,877.65, for Invoice tl2 re Third
Floor Jail.
IS. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,273.31, for Invoice tl3 re Third
Floor Jail.
16. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $644.45, for Invoice il2 re Courthouse
Annex.
17. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $617.00, for Invoice #13 re Courthouse
Annex.
18. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,294.04, for Invoice tlO re Sheriff's
Substation.
19. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $551.66, for Invoice tll re Sheriff's
Substation.
20. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,258.83, for Invoice tIS re Higgs
Beach Pier.
21. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,262.45, for Invoice #16 re Higgs
Beach Pier.
22. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,223.35, for Invoice ill re Higgs
Beach Gun Mounts.
23. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,075.55, for Invoice tl2 re Higgs
Beach Gun Mounts.
24. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $890.05, for Invoice #3 re Harry
Harris Park Response to Agency Comments.
25. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,098.43, for Invoice #4 re Harry
Harris Park Response to Agency Comments.
26. Public Financial Management, Inc., in the
amount of $2,718.42, for financial advisory
services for consulting on retainer for period
ending 6/15/88.
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 $1,000.00; Guillermo D.
Marcovici, M.D., in the amount of $700.00; Tanju T. Mishara,
Ph.D., in the amount of $300.00.
COURT-APPOINTED ATTORNEYS, Larry R. Erskine, in the
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amount of $IS3.50; Jeffrey B. Meyer, in the amount of
$350.00; T. Nicholas Thomes, in the amount of $651.S4.
OTHER EXPENSES, Louis J. Spallone, Clerk, in the
amount of $200.00; P. D. R. Security Services, in the amount
of $500.00.
EXTRADITION COSTS, William A. Freeman, Jr.,
Sheriff, in the amount of $4,03S.99.
COURT REPORTER SERVICES, A. J. Reporting Service,
Inc., in the amount of $2,469.25; Associated Court
Reporters, in the amount of $2,297.S0; Florida Keys
Reporting, in the amount of $192.75; Nancy J. Maleske, in
the amount of $60.00; Nichols & Hardy Court Reporters, in
the amount of $409.50; Dama Wimberly, in the amount of
$166.45.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $305.00; Serafin Calero, in the amount of $10.00;
Jerome Grapel, in the amount of $25.00; Jose E. Vazques, in
the amount of $40.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $1,137.6S; Regular Witness Fees, in the amount of
$155.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, ,90743-,915IS, in the amount
of $1,411,995.S6. ----
SUPPLEMENT TO GENERAL REVENUE FUND, '241-'242, in
the amount of $29,39~47.
FINE & FORFEITURE FUND, t720, 1722-'723, in the
amount of-sI;141,S07.03.
AIRPORT OPERATION & MAINTENANCE FUND, 4472-#473, in
the amount of $14,2S2.94.
ROAD & BRIDGE FUND, t515-1516, in the amount of
$5S,29S.2~ - ----
MSD TAX DISTRICT, tI130-tI133, in the amount of
$ISO,497.79. ---
MSD - MARINE BANK (Marathon), '439-#440, in the
amount of-s72,7IS.09.
LAW LIBRARY FUND, '243-'244, in the amount of
$4SI.09.
CAPITAL PROJECTS FUND, t299, in the amount of
$45,242.46. ----
CARD SOUND BRIDGE FUND, '231-4234, in the amount
of $12,120.90. ----
WORKERS COMPENSATION, t2562-'2579, in the amount of
$24,539.77.
TOURIST DEVELOPMENT COUNCIL, 1519-t521, in the
amount of $15l,923.25.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, t251-
'253, in the amount of $101,747.5S.
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$325.39.
TRANSLATOR FUND, tI84-#185, in the amount of
003 COMMUNITY DEVELOPMENT BLOCK GRANT, tOOI5-#0016,
in the amount of $1,970.17.
003 MONROE COUNTY RENTAL REHABILITATION PROGRAM,
#04, in the amount of $10,314.00.
503 RISK MANAGEMENT FUND, t05-t06, in the amount of
$9,255.04:-- ----
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, tI47-tI48, in the amount of $108,503.23.
Board adopted the following Resolution transferring funds
for the year 1987-88 with regard to Municipal Service
District.
RESOLUTION NO. 291-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution concerning receipt of unanticipated funds
received from the State Department of Natural Resources with
regard to Boating Improvements - Key Largo Bibb & Duane
Artificial Reef. Motion carried unanimously.
RESOLUTION NO. 292-1988
See Res. Book No. 67 which is incorporated herein by
reference.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, advised the
Commission that the proposed Parking Ticket Ordinance had
been reviewed by his office and the City Attorney and it was
found that the proposal to have the tickets processed by the
City Clerk's office was not in accordance with Florida Law
and would therefore not go forward at this time.
Mr. Ludacer discussed the Big Pine Road project and
the pending DCA litigation. He advised that property owners
who had conveyed portions of their property for the purpose
of establishing a right-of-way may have some difficulty in
meeting the acreage requirements under the Land Use Plan.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to authorize the County Attorney to
prepare quit-claim deeds from Monroe County back to the pro-
perty owners who had conveyed portions of their land for the
purpose of establishing the right-of-way on the Big Pine Key
Road subject to a reservation of easement to Monroe County
for the purpose of the road project. During discussion, the
motion was withdrawn. This matter was referred back to the
County Attorney for further investigation and review of the
County Ordinance adopted pertaining to this matter.
Mr. Ludacer addressed the problem with Code
Enforcement and the proposal to remove the Code Enforcement
provisions from the Land Use Plan. Motion was made by
Commissioner Puto and seconded by Commissioner Hernandez to
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authorize the advertisement of a proposed Ordinance which
would remove Code Enforcement provisions from the Land Use
Plan. Roll call vote was unanimous.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to grant permission to
advertise for three Public Hearings a proposed Ordinance
authorizing a one-time payment of $5,000.00 to a non-profit
corporation for the purpose of providing a vocational school
for the citizens of Monroe County; providing for the appli-
cation for such funds to the County Administrator and pro-
viding for standards for the County Administrator to
evaluate an application before paying over the funds; 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. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to grant permission to
advertise a proposed Ordinance providing that Article II,
Secction 8-20 of the Monroe County Code, be amended to pro-
vide that special assessment liens against real property
shall constitute liens that are equal in rank and dignity
with the lien of County ad valorem taxes and superior in
rank and dignity to all other liens, encumbrances, titles
and claims against real property; providing for severabili-
ty; providing for the repeal of all Ordinances or parts
thereof in conflict herewith; providing for incorporation
into the Monroe County Code; and providing for an effective
date. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to grant permission to advertise a
proposed Ordinance amending Section 6-84 and Section 6-85
of the Monroe County Code of Ordinances; providing for
qualifications of membership of the Examining Board; pro-
viding for a term of office and phasing in of members; pro-
viding for clarification of the Board's authority and
jurisdiction; providing for severability; providing for
repeal of all Ordinances or parts thereof in conflict
herewith; providing for inclusion in the Monroe County Code;
and providing an effective date. Motion carried unani-
mously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution authorizing the Mayor/Chairman of the Board to
execute a Lease and Purchase Agreement by and between Monroe
County and B. G. Carter concerning 600 Whitehead Street, Key
Wes t .
RESOLUTION NO. 293-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
,re<>>"""'"
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
Motion carried.
Motion was made by Commissioner Freeman and
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seconded by Commissioner Puto to adopt the following
Resolution authorizing the Mayor/Chairman of the Board to
execute an Employment Agreement by and between Monroe County
and Mark Graham Hanson as Assistant County Attorney.
RESOLUTION NO. 294-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
Yes
No
Yes
Motion carried.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to adopt the following
Ordinance declaring an emergency exists, waiving the
requirements of advertising under the provisions of Florida
Statutes, and waiving notice by a four-fifths vote; amending
Ordinance No. 031-1988 in order to provide that funds and
other property earmarked for fire and ambulance service in
the accounts of the Municipal Service Taxing Districts set
forth in Section 2-235(la)-(4b), Monroe County COde, shall
become the property of the Lower and Middle Keys Fire and
Ambulance District on September 30, 1988; providing that the
debts and other obligations of such Municipal Service Taxing
Districts shall become the responsibility of the Lower and
Middle Keys Fire and Ambulance District on September 30,
1988; providing for the repeal of the referendum requirement
for capital purchases in excess of $5,000; providing for
severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code; and providing an effective date. Roll
call vote was unanimous. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to read by
title only. 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. Roll call vote was unanimous.
ORDINANCE NO. 034-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Stormont to authorize advertisement of a
proposed Ordinance amending Chapter 2, Article V, Monroe
County Code, in order to clarify that the Municipal Service
Districts may perform only those municipal services
authorized in Chapter 2, Article V; in order to repeal, as
authorized purposes, fire and ambulance service from the
following Municipal Service Taxing or Benefit Districts:
lA, IB, IC, ID, 2, 3, 4, 4A and 4B; to remove fire and ambu-
lance service in Districts lA, IB, IC, ID, 2, 3, 4, 4A and
4B, the $5,000 capital purchase referendum requirement;
repealing the District exemption from local permitting; pro-
viding for the reimbursement of expenses for volunteers
donating services to the Lower and Middle Keys Fire and
Ambulance Districts and to the Upper Keys Fire and
Ambulance; providing for severability; providing for the
repeal of all Ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code of Ordinances;
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and providing an effective date. Motion carried unani-
mously.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution authorizing that any veteran utilitizing the
Department of Veterans Affairs Transportation Service, who
is capable of paying, shall pay the Department eleven cents
per mile transported and that the money so collected go into
the Department's account. Johnny Mayne addressed the Board.
Roll call vote was unanimous.
RESOLUTION NO. 295-1988
See Res. Book No. 67 which is incorporated herein by
reference.
MUNICIPAL SERVICE (WASTE)
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to waive the purchasing
procedures and authorize the purchase of one Mack Truck with
three roll-off containers (approximate cost of $80,000.00),
subject to approval by the Office of Fiscal Management.
Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize the advertisement of a
proposed Ordinance for the City of Layton to become a part
of the Municipal Service District. Motion carried unani-
mously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to grant authority to pay the
retainage to MWM Corp. for the Cudjoe Key Perimeter Road in
the amount of $29,367.30. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to grant authority to
purchase a Rabun Pit Burner for Long Key and to advertise
for a knuckle boom crane for same, subject to approval of
the Office of Fiscal Management. Motion carried unani-
mously.
DIVISION OF COMMUNITY SERVICES
Social Services
Louis LaTorre, Executive Director, and Richard
Knowles, Sexton of the Key West Cemetery, addressed the
Board. Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to accept the recommendation
of Staff to appprove the request for the purchase of a
Casket Lift from Clark Development, Inc. in the amount of
$11,531.68 and authorize the preparation and execution of an
Interlocal Agreement between the County and the City of Key
West concerning the use of the equipment. Motion carried
unanimously.
Airport Services
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to postpone to the next
meeting a proposed Resolution concerning an Addendum to
Lease Agreement with Joseph J. Scarlet concerning an
airplane hangar at the Key West International Airport.
Motion carried unanimously.
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Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to postpone to the next
meeting a proposed Resolution concerning a Memorandum of
Lease Agreement with Sundance Carriage Corporation, Inc.
(Dollar Rent A Car) pertaining to leased premises at the Key
West International Airport. Motion carried unanimously with
Commissioner Hernandez not present.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to reject all bids and readvertise
for an Air Cargo Facility at the Key West International
Airport. Motion carried unanimously with Commissioner
Hernandez absent from the meeting.
Extension Services
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
approving the State of Florida Department of Natural
Resources Boating Improvement Program Project Application
for Tavernier Creek (OeM) Daymark Repair at Tavernier Creek
(Oceanside), Monroe County. Motion carried unanimously with
Commissioner Hernandez not present.
RESOLUTION NO. 296-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Airport Services
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize the advertisement of
bids for 1988 AIP Projects at Marathon and Key West
Airports. Motion carried unanimously with Commissioner
Hernandez not present.
DIVISION OF GROWTH MANAGEMENT
Planning ~ Development Review
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
authorizing the Mayor to sign on behalf of Monroe County a
Consulting Contract with Sedway Cooke and Associates for the
creation of a Big pine Key Focal Point Study. Motion
carried unanimously.
RESOLUTION NO. 297-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Donald Craig, Assistant County Administrator,
addressed the Board concerning the request by Steve
Miramelli for a refund of impact fees on Ocean Harbor
Development. This request was being made in accordance with
a Stipulated Settlement Agreement entered into between the
developers, the Department of Community Affairs, and Monroe
County. Staff recommended that the request be granted and
that the impact fees be returned, subject to payment upon
the issuance of a Certificate of Occupancy. Mr. Miramelli
addressed the Board. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to authorize
the return of the impact fees to be paid at the time of
occupancy by a third party in accordance with the Stipulated
Settlement Agreement between Monroe County, the developers,
and the Department of Community Affairs. During discussion,
motion was made by Commissioner Stormont and seconded by
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Commissioner Freeman to postpone to 3:30 p.m. for clarifica-
tion as to the responsibilities of the successor in title.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
No
Motion carried.
DIVISION OF MANAGEMENT SERVICES
Grants Management
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to adopt the following
Resolution authorizing the submission of Grant Applications
to the Florida Department of Natural Resources, Division of
Beaches and Shores, Erosion Control Program, for State
funding for Fiscal Year 1989-90 and Fiscal Year 1990-91 and
directing the execution of same by the proper County
authorities. Roll call vote was unanimous.
RESOLUTION NO. 298-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Fiscal Management
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to adopt the following
Resolution authorizing the Chairman of the Board of County
Commissioners to execute an Interlocal Agreement by and bet-
ween the County of Monroe and the City of Key West con-
cerning School Crossing Guards. Motion carried unanimously.
RESOLUTION NO. 299-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution authorizing the Mayor and Chairman of the Board
to execute a Joint Participation Agreement by and between
the County of Monroe and the City of Key West concerning
funding for the Community Pool located in Key West. Motion
carried unanimously.
RESOLUTION NO. 300-1988
See Res. Book No. 67 which is incorporated herein by
reference.
J.T.P.A.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution accepting Grant Awards from the South Florida
Employment and Training Consortium and authorizing the
execution of all Contract Agreements for Fiscal Year
1988/1989 J.T.P.A. activities. Motion carried unanimously.
RESOLUTION NO. 301-1988
See Res. Book No. 67 which is-rDcorporated herein by
reference.
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186
Motion was then made by Commissioner Freeman and seconded by
Commissioner Puto to adopt the following Resolutions con-
cerning receipt of unanticipated funds received from South
Florida Employment and Training Consortium. Motion carried
unanimously.
RESOLUTION NO. 302-1988
RESOLUTION NO. 303-1988
RESOLUTION NO. 304-1988
See Res. Book No. 67 which is incorporated herein by
reference.
Fiscal Management
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the folowing Resolution
concerning receipt of unanticipated funds regarding Capital
Projects Fund. Motion carried unanimously.
RESOLUTION NO. 305-1988
See Res. Book No. 67 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Consulting Engineer
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board concerning the Higgs Beach Pier Project
and a letter from the Department of Natural Resources con-
cerning the availability of the Grant. Motion was made by
Commissioner Freeman and seconded by Commissioner Hernandez
to proceed with the Higgs Beach Pier Project on July 27th,
irrespective of the status of the Grant funding. Roll call
vote was unanimous.
Mr. Harris discussed the Jail Improvements and
inspection and the fact that a control panel had not been
received from the manufacturer and was holding up final
inspection.
Public Facilities Maintenance
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to waive the Bidding
Procedures and authorize the puchase of the chilling tower
and air-conditioning work at $37,000.00 to Parker
Refrigeration. Motion carried unanimously.
Engineering Department
Dent Pierce, Assistant County Administrator,
discussed a letter from Florida Department of Transportation
inquiring as to whether the County would take title to the
No Name Key Bridge. Motion was made by Commissioner Freeman
and seconded by Commissioner Puto to advise the Florida
Department of Transportation that the County would not take
title to No Name Key Bridge and authorize FDOT to act as its
agent in any required permitting processes. Motion carried
unanimously.
Mr. Pierce discussed a request from the City of Key
West to assist in the paving and grading of the parking area
at the Little League Ballpark. Motion was made by
Commissioner Hernandez and seconded by Commissioner Puto to
approve the request from the City of Key West to assist in
the paving and grading of the parking area at the Little
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League Ballpark in the approximate amount of $7,000.00.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Report
Tom Brown, County Administrator, discussed the
offer of the Key West Hyatt Regency to paint the interior of
the Key West International Airport and advised it would take
place on the Tuesday through Thursday following Labor Day.
He advised the Commission that the Hyatt had requested per-
mission for their workers to wear T-shirts and hats with the
Hyatt logo. The Board had no objection to this request.
AWARD OF BIDS
Dent ~ierce, Assistant County Administrator,
advised that only one bid had been received for the County
Beach Cleaning, Maintenance and Beautification Agreement:
Universal Beach Service Corp.
Post Office Box 2151
Delray Beach, FL 33447
He also advised that the bidder did not comply with the Bid
Bond requirements. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to waive the
requirement of the Bid Bond. Motion carried unanimously.
Mr. Pierce recommended that they accept the Base Bid only.
Mr. Peart of Universal Beach Service Corp. addressed the
Board concerning the bid. Motion was then made by
Commissioner Hernandez and seconded by Commissioner Freeman
to award the Base Bid and include Additional Items 5 and 6:
Base Bid - $23,725.00
5. Cost per 1000 sea oats liner
plants to be planted and
established with 80% survival
rate
$1,000.00
6. County furnished sand for
erosion control - Contractor
to spread
$5,200.00
Roll call vote was unanimous. Motion was made by
Commissioner Hernandez and seconded by Commissioner Freeman
to adopt the following Resolution concerning a request to
the Tourist Development Council for funding in connection
with the Beach Cleaning Project. Roll call vote was unani-
mous.
RESOLUTION NO. 306-1988
See Res. Book No. 67 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Airport Services
The County Administrator advised the Board of
receipt of a letter from the Department of Transportation
concerning participation in construction of the parking lot
at the Key West International Airport in the amount of
$250,000.00. Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution authorizing the Chairman of the Board to execute
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188
a Concession Agreement by and between the Board of County
Commissioners and APCOA, INC. pertaining to parking facili-
ties at the Key West International Airport.
RESOLUTION NO. 307-1988
See Res. Book No. 67 which is incorporated herein by
reference.
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. Motion was then made by Commissioner
Freeman and seconded by Commissioner Puto to authorize the
advertisement for bids for the construction of parking faci-
lities at the Key West International Airport. Motion
carried unanimously.
SOUNDING BOARD
Jim Hendrick, attorney, and Mr. Olive addressed the
Board concerning the status of the Housing Finance
Authority. Mr. Hendrick described the genesis of the
creation of the Housing Finance Authority and the legal
requirements for the status of its membership. LaVonne
Wisher of PFM addressed the Board and advised that they had
examined the records presented to them and that they would
be assisting to attempt to get the Housing Finance Authority
in compliance with State reporting requirements. The County
Attorney and County Administrator were requested to research
the Ordinance and to solicit volunteers qualified to serve
on the Board of the Housing Finance Authority.
COMMISSIONERS' ITEMS
Commissioner Hernandez discussed permitting
problems in the Upper Keys and the requirement that builders
in the Upper Keys travel to Marathon in order to pull per-
mits. Donald Craig, Assistant County Administrator,
discussed this matter. The following persons addressed the
Board: Bill Smith of the Florida Keys Contractors
Association; Al Beatty, President of the Florida Keys Board
of Realtors; Gene Rhodus, contractor; Mr. Bergen; and Mrs.
Sorel. Motion was made by Commissioner Hernandez and
seconded by Commissioner Stormont to refer this matter to
Tom Brown, County Administrator, and Donald Craig, Assistant
County Administrator, and requested that a report be made
within two weeks in order to resolve the problem. Motion
carried unanimously.
DIVISION OF GROWTH MANAGEMENT
The Board returned to consideration of the matter
concerning Steve Miramelli and Ocean Harbor. Randy Ludacer,
County Attorney, and Jim Hendrick addressed the Board con-
cerning the request of Mr. Miramelli. Motion was made by
Commissioner Hernandez and seconded by Commissioner Freeman
to authorize the refund of the impact fees on the Ocean
Harbor project, subject to and based upon an opinion from
the County Attorney and, further, that this refund satisfies
all legal requirements. Roll call vote was unanimous.
,
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PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
providing for reimbursement of towing charge for a vehicle
towed from Harry Harris Park; providing for severability;
providing for repeal of all Ordinances or parts thereof in
conflict herewith~ 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. There
was no public input. Motion was made by Commissioner Puto
and seconded by Commissioner Freeman to adopt the following
Ordinance.
ORDINANCE NO. 035-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
Roll call vote was unanimous with Commissioner Hernandez not
present.
A Public Hearing was then held on a proposed
Ordinance amending Section 13.5-I(c)(I), Monroe County Code,
concerning hours Harry Harris Park shall be open to the
public; providing for severability; providing for repeal of
all Ordinances or parts thereof in conflict herewith; pro-
viding for inclusion in the Monroe County Code; and pro-
viding 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 Freeman and seconded by
Commissioner Puto to read by title only. Motion carried
unanimously. Gail Joyner, Annette Hartman and Noel Boutte
addressed the Board. Motion was made by Commissioner Puto
and seconded by Commissioner Freeman to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 036-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
AWARD OF BIDS
The Board proceeded to hear presentations from
firms concerning the bid for Bond Counsel for proposed Bond
Issues. The following firms were interviewed:
Judson Freeman, Jr. of
Freeman, McWilliams & Dame, P.A.
2100 Florida National Bank Tower
Jacksonville, FL 32202
C. Parkhill Mays, Jr. of
Holland & Knight
92 Lake Wire Drive
Post Office Box 32092
Lakeland, FL 33802
George H. Nickerson, Jr. of
Nabors, Giblin, Steffens & Nickerson
Lincoln Pointe, Suite 1060
2502 Rocky Point Drive
Tampa, FL 33607
Following the interviews, the Board proceeded to
rank the firms as follows:
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190
Comm. Comm. Comm. Comm. Mayor
Freeman Hernandez Puto Stormont Lytton
Total
Freeman
3
I
1
3
3
I
10
Nabors
3
2
2
I
3
2
9
Holland
I
2
2
II
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to authorize the County Staff and PFM
to negotiate a contract with Freeman, McWilliams & Dame,
P.A. to serve as Bond Counsel for Monroe County. Motion
carried unanimously with Commissioners Hernandez and
Stormont not present.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
repealing Monroe County Code, Chapter 2, Article III,
entitled "Employment Policies and Procedures;" providing for
severability; providing for the repeal of all Ordinances or
parts of Ordinances in conflict with this Ordinance; pro-
viding for inclusion in the Monroe County Code; and pro-
viding for an effective date. Proof of publication was
entered into the record. Motion was made by Commissioner
Freeman and seconded by Commissioner Puto to read by title
only. Motion carried unanimously with Commissioners
Hernandez and Stormont not present. There was no public
input. Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to adopt the following Ordinance.
Motion carried unanimously with Commissioners Hernandez and
Stormont not present.
ORDINANCE NO. 037-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
Motion was then made by Commissioner Puto and seconded by
Commissioner Freeman to adopt the following Resolution
adopting the attached document entitled "Monroe County
Personnel policies and Procedures". Motion carried unani-
mously with Commissioners Hernandez and Stormont not pre-
sent.
RESOLUTION NO. 308-1988
See Res. Book No. 67 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance creating and establishing the Monroe County
Personnel Policies and Procedures Review Board; providing
for the purpose therefor; providing for procedures;
establishing qualifications for membership; providing for
the election of officers and setting forth their duties;
providing for meetings; providing for severability; pro-
viding for the 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
with Commissioner Hernandez not present. There was no
public input. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to adopt the following
Ordinance. Motion carried unanimously with Commissioner
Hernandez not present.
I
LL 191
ORDINANCE NO. 038-1988
See Ord. Book No. 18 which is-rncorporated herein by
reference.
COUNTY ADMINISTRATOR
Report
Tom Brown, County Administrator, discussed the
filming of the new James Bond movie and the request to use
Pigeon Key and Key West International Airport. Mr. Brown
advised that he would report back to the Board when he
received further information.
The County Administrator discussed the problem with
the Lower Keys Morgue Facility. He advised that he had
received two proposals to provide morgue services to the
County from Evergreen Mortuary and Dean-Lopez Funeral Home.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to adopt the following Resolution
designating Dean-Lopez Funeral Home as the Lower Keys Morgue
Facility. Motion carried unanimously with Commissioner
Hernandez not present.
RESOLUTION NO. 309-1988
See Res. Book No. 18 which is incorporated herein by
reference.
Mr. Brown discussed a letter from the Health
Council of South Florida recommending that the County delay
the advertisement of the RFP concerning trauma services
until a full analysis can be made of the recent legislation
and adoption of the Rules by HRS concerning its implemen-
tation. Curt Blair of the Health Council of South Florida
addressed the Board and advised that there would be a Health
Council meeting on August 5th in Marathon and that the
Assistant Secretary of HRS had been requested to attend and
address the issue of the new trauma legislation. Motion was
made by Commissioner Puto and seconded by Commissioner
Freeman to accept the recommendation of the Health Council
of South Florida and delay the issuance of the RFP con-
cerning trauma services until the promulgation of the Rules
by HRS concerning new trauma legislation. Roll call vote
was taken with the following results:
Commissioner Freeman
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
Yes
No
Yes
Motion carried with Commissioner Hernandez not present.
Motion was then made by Commissioner Puto and seconded by
Commissioner Freeman to appoint Henry Mazanek to the Health
Council of South Florida. Motion carried unanimously with
Commissioner Hernandez not present.
COUNTY CLERK
Motion was made by Commissioner Puto and seconded
by Commissioner Stormont to approve the Minutes of the
Commission meetings of 5/27/88, 6/7/88, 6/10/88, 6/21/88 and
6/27/88. Motion carried unanimously with Commissioners
Freeman and Hernandez not present.
AWARD OF BIDS
--
The Board was advised of receipt of the following
bids for Plantation Key Roads II (Venetian Boulevard):
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192
The Brewer Co. of General Asphalt
Florida, Inc. Co. , Inc.
Alternate A $233,8IS.15 $209,677.50
Alternate B $229,322.45 $199,101.00
Alternate C $215,034.00 $188,165.00
Dent Pierce, Assistant County Administrator, recommended
award of the bid of Alternate B to General Asphalt Co., Inc.
in the amount of $199,101.00. Motion was made by
Commissioner Puto and seconded by Commissioner Stormont to
accept the recommendation of Staff and award the bid for
Plantation Key Roads II (Venetian Boulevard) to General
Asphalt Co., Inc. in the amount of $199,101.00 (Alternate
B). Motion carried unanimously with Commissioner Hernandez
not present.
Danny Kolhage, Clerk, advised the Board that he had
received two additional proposals for Bond Counsel services
after the time specified for filing. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
reject the two additional proposals for Bond Counsel which
were not timely filed and authorize the Clerk to return the
same to the proposers. Motion carried unanimously with
Commissioner Hernandez not present.
There being no further business, the meeting was
adjourned.
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