08/16/1988 Regular
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Regular Meeting
Board of County Commissioners
Tuesday, August 16, 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" at the Courthouse Annex in 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.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
Mayor Lytton presented a plaque and savings bond to
Gregory Hernandez, Public Works Division, who was named
Monroe County Employee of the Month for July, 1988.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to extend to October 15th the
appointment of Mary Kay Reich to the Planning Commission.
Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to reappoint Victoria Rousch
to the Tourist Development Council Board. Motion carried
unanimously.
The Board extended congratulations and best wishes
to Commissioner and Mrs. Freeman on their upcoming 55th
Wedding Anniversary.
Johnny Mayne, County Handicapped Coordinator,
addressed the Board regarding his duties and current obli-
gations to the Veterans Affairs Office. Motion was made by
Commissioner Freeman and seconded by Commissioner Puto to
relieve Johnny Mayne from responsibilities of the Veterans
Affairs Office. Motion was made by Commissioner Hernandez
to amend the foregoing motion to add that the Board should
present Mr. Mayne with a plaque in the near future formally
recognizing his efforts on behalf of the County. The amend-
ment was accepted by the maker and the seconder. Motion
as amended carried unanimously.
Motion was made by Mayor Lytton and seconded by
Commissioner Puto to reappoint Bill Wickers to the Tourist
Development Council. Motion carried unanimously.
Motion was made by Mayor Lytton and seconded by
Commissioner Puto to appoint Ardeth Parmer to the Highway
Beautification Committee to replace Ed Willard. Motion
carried unanimously.
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Motion was made by Mayor Lytton and seconded by
Commissioner Hernandez to adopt the following Resolution
advising the Governor and Legislative Delegation of Monroe
County's support of the move to manufacture special license
plates for MIA and POW families. Motion carried unani-
mously.
RESOLUTION NO. 345-1988
See Res. Book No. 68 which is incorporated herein by
reference.
DIVISION OF COMMUNITY SERVICES
Airport Services
The Board entered into a discussion regarding an
Air Show to be conducted at Key West International Airport
on September 3rd. Julie Moore addressed the Board and
requested a reduction in insurance requirements from
$10,000,000 to $3,000,000. Tom Brown, County Administrator,
and Peter Horton, Assistant County Administrator, recom-
mended that the insurance requirements remain at
$10,000,000. Motion was made by Commissioner Hernandez and
seconded by Commissioner Stormont to lower the insurance
requirements to $3,000,000. After extended discussion, roll
call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
No
No
No
Motion failed. Motion was made by Commissioner Hernandez
and seconded by Commissioner Stormont to approve the
Contract Agreement but add wording regarding insurance
requirements on tickets. During discussion, motion was
withdrawn. Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution approving and authorizing the Mayor/Chairman of
the Board to execute an Agreement by and between Island
Aeroplane Tours, Inc. and Monroe County concerning an Air
Show to be conducted at the Key West International Airport.
Roll call vote was unanimous.
RESOLUTION NO. 346-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Motion was then made by Commissioner Hernandez and seconded
by Commissioner Stormont to direct Staff to develop a future
policy regarding insurance requirements and printing of same
on tickets in the future along with notice of a minimum
charitable donation. 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.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the following items
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by unanimous consent:
Board approved the request of the County Public Health Unit
for removal of the following items from Inventory:
Autoclave (sterilizer)
Ritter SpeedClave - #846A-3
Ritter SpeedClave - #2000362
Board approved the following requests by the Big Pine
Athletic Association to hold events on County property in
Big Pine Key:
Saturday, September 24, 1988:
Big pine Run For Fun
Sunday, October 23, 1988:
Biathlons On The Pine
Sunday, February 26, 1989:
Big Pine Bike Classic
Board approved and authorized execution of a Public
Telephone Service Agreement with Southern Bell Telephone &
Telegraph Co.
Board adopted the following Resolutions concerning receipt
of unanticipated funds:
RESOLUTION NO. 347-1988
RESOLUTION NO. 348-1988
RESOLUTION NO. 349-1988
RESOLUTION NO. 350-1988
RESOLUTION NO. 351-1988
RESOLUTION NO. 352-1988
RESOLUTION NO. 353-1988
RESOLUTION NO. 354-1988
RESOLUTION NO. 355-1988
RESOLUTION NO. 356-1988
RESOLUTION NO. 357-1988
RESOLUTION NO. 358-1988
RESOLUTION NO. 359-1988
RESOLUTION NO. 360-1988
RESOLUTION NO. 361-1988
RESOLUTION NO. 362-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Board adopted the following Resolutions transferring funds:
RESOLUTION NO. 363-1988
RESOLUTION NO. 364-1988
RESOLUTION NO. 365-1988
RESOLUTION NO. 366-1988
RESOLUTION NO. 367-1988
RESOLUTION NO. 368-1988
RESOLUTION NO. 369-1988
RESOLUTION NO. 370-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Edward F. Dempsey for a 164.7 square foot enclosure in
addition to 195 square feet existing, a total of 359.7
square feet for storage and parking only, under single-
family residence on Lot 9, Block 15, Port Pine Heights, Big
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Pine Key~ Zoned IS (ACCC) - Improved Subdivision~ Coastal
Flood Zone V-12, Panel l507D.
Board approved, per Staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Omar Martos for the placement of a mobile home below the
required base flood elevation on Lot 26, Block 4, Bluewater
Trailer Village, Tavernier~ Zoned URM - Urban Residential
Mobile Home~ Coastal Flood Zone V-2l, Panel 0994C.
Board authorized the refund of $320.00 to Upper Keys Marine
Construction inasmuch as the After-The-Fact fee was charged
in error.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Settlement
Agreement by and between the County of Monroe, the Florida
Department of Community Affairs and Twin Harbors, Inc.
RESOLUTION NO. 371-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Settlement
Agreement by and between the Board of County Commissioners
of Monroe County, the Florida Department of Community
Affairs, and Arthur and Betty Lujan concerning Building
Permit No. 8810000196 for Enchanted Island.
RESOLUTION NO. 372-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Board granted permission to advertise for Public Hearing a
proposed Ordinance amending Monroe County Code Section
2-309(A) and (B) by adding Section 2-309(C) to provide for
payment by the Tourist Development Council of overhead
expenses of various Chambers of Commerce~ etc.
Board adopted the following Resolution establishing con-
sistency in the execution dating of Monroe County contracts.
RESOLUTION NO. 373-1988
See Res. Book No. 68 which is incorporated herein by
reference.
MUNICIPAL SERVICES DISTRICT (WASTE)
Board authorized the advertisement for bids to refurbish ash
conveyor troughs.
Board authorized payment to Adams-DeWind in the amount of
$19,800.00 for bulldozer repairs.
DIVISION OF COMMUNITY SERVICES
Social Services
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Amendment to
Contract #89-5-878 by and between the Area Agency on the
Aging for Dade and Monroe Counties/United Way of Dade
County, Inc. and the Board of County Commissioners of Monroe
County for the purpose of decreasing funds for Community
Care for the Elderly (CCE) Program.
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RESOLUTION NO. 374-1988
See Res. Book No. 68 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Planning ~ Development Review
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number 4, Cudjoe Ocean Shores.
RESOLUTION NO. 375-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number 5, Meads Subdivision.
RESOLUTION NO. 376-1988
See Res. Book No. 68 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Grants Management
Board adopted the following Resolution accepting a Grant
from the Florida Department of State to be used for the
restoration of West Martello Tower and directing the execu-
tion of same by the proper County authorities.
RESOLUTION NO. 377-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the sub-
mission of a Grant Application to the Florida Department of
State regarding West Martello Tower and directing the execu-
tion of same by the proper County authorities.
RESOLUTION NO. 378-1988
See Res. Book No. 68 which is incorporated herein by
reference.
DIVISION OF PUBLIC SAFETY
Emergency Medical Services
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute an Agreement by and
between Monroe County and the Florida Department of
Agriculture and Consumer Services, Division of Forestry,
concerning fire protection of wild lands.
RESOLUTION NO. 379-1988
See Res. Book No. 68 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Lease Agreement by
and between City Electric System of Key West and Monroe
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County concerning premises to be constructed on Big Pine Key
and used for an Animal Shelter and office space for City
Electric System.
RESOLUTION NO. 380-1988
See Res. Book No. 68 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board granted approval for the ballfield lights at Harry
Harris Park to be utilized until 11:00 p.m. on November 12,
1988 for Island Jubilee Celebration.
COUNTY CLERK
Board approved the following Fine and Forfeiture Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Richard
Hellman, Ph.D., in the amount of $300.00: Mental Health Care
Center of the Lower Keys, in the amount of $250.00: Tanju T.
Mishara, Ph.D., in the amount of $300.00.
COURT-APPOINTED ATTORNEYS, Michael E. Cox, in the
amount of $561.50: Larry R. Erskine, in the amount of
$266.50: Roberta Fine, in the amount of $700.00: Charles M.
Milligan, in the amount of $2,770.00: Barry J. Siegel, in
the amount of $680.00: T. Nicholas Thomes, in the amount of
$350.00.
$60.90.
OTHER EXPENSES, State of Florida, in the amount of
EXTRADITION SERVICES, William Freeman, Jr.,
Sheriff, in the amount of $18,552.19.
COURT REPORTER SERVICES, A. J. Reporting Service,
in the amount of $533.75: Associated Court Reporters, in the
amount of $177.30: Billee Jean Fase, in the amount of
$90.00: Florida Keys Reporting, in the amount of $389.25:
Laws Reporting, Inc., in the amount of $268.55: Nancy J.
Maleske, in the amount of $604.50.
COURT INTERPRETER SERVICES, Serafin Calero, in the
amount of $35.00: Juan Borges, in the amount of $330.00:
Jerome Grapel, in the amount of $25.00: Marie C. Penot, in
the amount of $60.00: Amarilys Thomas, in the amount of
$25.00.
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $1,425.32: Regular Witness Fees, in the amount of
$50.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, '92342-#93088, in the amount
of $3,183,004.56. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #244-#245, in
the amount of $38,721:46. ----
FINE & FORFEITURE FUND, #730-#732, in the amount of
$1,240,181.18.-
AIRPORT OPERATION & MAINTENANCE FUND, #477-*478 and
#484, in the amount of $25,835.76.
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ROAD ~ BRIDGE FUND, 1518-#520, in the amount of
$117,644.06.
MSD TAX DISTRICT, 11143-#1145, in the amount of
$202,895.24. ---
MSD - MARINE BANK (Marathon), 1442-#444, in the
amount of~28,008.79.
MSD - PLEDGE FUNDS, 1120-#121, in the amount of
$800,000.00.
$508.01.
LAW LIBRARY FUND, 1246-#247, in the amount of
CAPITAL PROJECTS FUND, 1302-#303, in the amount of
$24,297.48. ----
CARD SOUND BRIDGE FUND, 1236-#237, in the amount of
$12,969.6~
WORKERS COMPENSATION, 12601-#2616, in the amount of
$14,155.16.
TOURIST DEVELOPMENT COUNCIL, '525 Void, 1526, in
the amount of $16,005.00.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, '256-
#258, in the amount of $181,682.72.
TRANSLATOR FUND, '187-1188, in the amount of
$4,486.11. ----
003 COMMUNITY DEVELOPMENT BLOCK GRANT, #18-120, in
the amount of $35,849.96.
503 RISK MANAGEMENT FUND, 102-#03, in the amount of
$11,467.2~ ----
715 MARINERS HOSPITAL SPECIAL TAX DISTRICT, #43
Void, '44:-In the amount of $1.29.
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, 1151-#154, in the amount of $214,565.02.
Board approved Minutes of the following meetings of the
Commission: 7/5, 7/6, 7/11, 7/19, 7/20, 7/21, 7/22, 7/2'.
Motion carried unanimously.
BULK APPROVALS
DIVISION OF GROWTH MANAGEMENT
Consent Agenda
Donald Craig, Assistant County Administrator,
~-- addressed the Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Puto to adopt the
following Resolution confirming the Administrative Boundary
Interpretation of the Planning Director in Land Use
District Map Boundary Interpretation Number 6, pine Hammock
Subdivision. Motion carried unanimously.
RESOLUTION NO. 381-1988
See Res. Book No. 68 which is incorporated herein by
reference.
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Mr. Craig addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Puto to
adopt the following Resolution confirming the Administrative
Boundary Interpretation of the Planning Director in Land Use
District Map Boundary Interpretation Number 7, Cudjoe
Gardens 3rd Addition. Motion carried unanimously.
RESOLUTION NO. 382-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Donald Craig appeared before the Board. Motion was
made by Commissioner Freeman and seconded by Commissioner
Puto to adopt the following Resolution confirming the
Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number 8, Lida Subdivision. Motion carried unanimously.
RESOLUTION NO. 383-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Mr. Craig addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Puto to
adopt the following Resolution confirming the Administrative
Boundary Interpretation of the Planning Director in Land Use
District Map Boundary Interpretation Number 10, North
Sugarloaf Acres. Motion carried unanimously.
RESOLUTION NO. 384-1988
See Res. Book No. 68 which is incorporated herein by
reference.
COUNTY ATTORNEY
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to adopt the following
Resolution requesting that the City of Key West reciprocate
by exempting to Monroe County the costs of building permit
fees and to remove from the caption and last paragraph of
this Resolution the words "and other governmental entities."
Roll call vote was unanimous.
RESOLUTION NO. 385-1988
See Res. Book No. 68 which is incorporated herein by
reference.
After lengthy discussion, motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to request the
County Administrator and the City Manager to meet in an
attempt to resolve the issue concerning permit fees. 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.
Randy Ludacer, County Attorney, brought the Board
up to date on the problem with the translator tower and fire
station leases on Key Largo. Mr. Ludacer also discussed his
office's research on the building permit fees issue.
Motion was made by Commissioner Puto and seconded
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by Commissioner Freeman to adopt the following Resolution
adopting a Comprehensive Emergency Management Plan for
Monroe County with the understanding that the requirements
of Section 9J5 mayor may not be met. Motion carried unani-
mously.
RESOLUTION NO. 386-1988
-- See Res. Book No. 68 which is incorporated herein by
reference.
MUNICIPAL SERVICES DEPARTMENT (WASTE)
Charles Aguero, MSD Manager, addressed the Board.
He advised the Board that there had been a postponement of
the case regarding settlement on the $28.00 assessment.
Mr. Aguero told the Board that there had been some
renegotiations regarding the contract for the remodeling
work at his offices and advised that there was now only one
contract, that it was with T-Builders alone, and that it was
in the amount of $14,725.00.
Mr. Aguero discussed the problems with the con-
tiguous property at Cudjoe Key.
Mr. Aguero and the Board entered into a discussion
regarding the special assessment for additional monies
required concerning the recycling situation and recommended
that this situation be considered during the setting of
rates.
DIVISION OF MUNICIPAL SERVICES
Report
Peter Horton, Assistant County Administrator,
addressed the Board and enumerated many typographical errors
in the Airport Joint Participation Agreements in the Agenda
Packets. He advised that proper corrections would be made
before final execution by the County.
Airport Services
Mr. Horton addressed the Board. 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, as corrected, a
Joint Participation Agreement by and between the State of
Flordia Department of Transportation, Division of Public
Transportation Operations, and the County of Monroe for the
purpose of renovating the Airport Terminal Building at the
Key West International Airport. Motion carried unanimously
with Mayor Lytton and Commissioner Stormont not present.
RESOLUTION NO. 387-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Assistant County Administrator Horton entered into
a discussion with the Board concerning the issuance of
parking tickets at the Key West Airport. Motion was then
made by Commissioner Puto and seconded by Commissioner
Freeman to adopt the following Resolution authorizing the
Mayor/Chairman of the Board to execute, as corrected, a
Joint Participation Agreement by and between the State of
Florida Department of Transportation, Division of Public
Transportation Operations, and the County of Monroe for the
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purpose of constructing auto parking facilities at Key West
International Airport. Motion carried unanimously with
Commissioner Stormont not present.
RESOLUTION NO. 388-1988
See Res. Book No. 68 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/Chairman of the Board to
execute, as corrected, a Joint Participation Agreement by
and between the State of Florida Department of
Transportation, Division of Public Transportation
Operations, and the County of Monroe for the purpose of
constructing a Federal Inspection Station (Customs Facility)
at the Key West International Airport. Motion carried una-
nimously with Commissioner Stormont not present.
RESOLUTION NO. 389-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Mr. Horton and the Board entered into a discussion
concerning a proposed Joint Participation Agreement with the
Florida Department of Transportation for the purpose of
constructing and relocating the Airport Safety Fence with
Access Gates at the Marathon Airport. Motion was made by
Mayor Lytton and seconded by Commissioner Freeman to con-
tinue this matter to the September 8th meeting (Regular
Meeting postponed from September 6th) so that the report of
the Airport Advisory Committee could be received. Motion
carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
authorizing the Mayor/Chairman of the Board to execute, as
corrected, a Joint Participation Agreement by and between
the State of Florida Department of Transportation, Division
of Public Transportation Operations, and the County of
Monroe for the purpose of constructing a new Terminal
Building at Marathon Airport - Phase One. Motion carried
unanimously.
RESOLUTION NO. 390-1988
See Res. Book No. 68 which is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Report
Donald Craig, Assistant County Administrator,
addressed the Board regarding the previously approved
purchase of automobiles for his Division. After discussion,
motion was made by Commissioner Stormont and seconded by
Commissioner Puto to grant permission to the Division of
Growth Management to purchase these automobiles locally for
an amount not to exceed $200.00 over the originally approved
cost per automobile under State Contract. Roll call vote
was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
Yes
Yes
Yes
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Motion carried.
Mr. Craig and the Board entered into a lengthy
discussion regarding the political sign situation and the
necessity for appropriate permits and bonding. Motion was
made by Commissioner Stormont and seconded by Commissioner
Freeman to institute a temporary moratorium to January 1st
on political signs so that Staff can fully study the impact
of the situation. The County Attorney advised that there
might be some question of constitutionality. During
discussion, motion was made by Commissioner Hernandez to
table until after January 1st. Motion died for lack of a
second. The original motion was withdrawn by the maker and
the seconder. Motion was then made by Mayor Lytton and
seconded by Commissioner Freeman to adopt the following
Resolution regarding a $250.00 one-time refundable bond
extracted from every political candidate utilizing signs
larger than two square feet and if all such signs are not
removed within twenty days after the General Election, the
$250.00 will be used by Public Works and Pollution Control
to effect removal and rebeautification. Roll call vote was
unanimous.
RESOLUTION NO. 391-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Motion was then made by Mayor Lytton and seconded by
Commissioner Freeman to adopt the following Resolution
regarding a one-time non-refundable permit application for
all political signs over two square feetat the cost of
$25.00 per fifty signs. Roll call vote was unanimous.
RESOLUTION NO. 392-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to appoint Kay Graddick to the Joint
City-County Solid Waste Task Force. Motion carried unani-
mously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
rescinding Resolution No. 297-1988 and authorizing the
Mayor/Chairman of the Board to execute a new Contract with
Sedway Cooke Associates regarding the development of a
Community Plan for Big Pine Key and the Big Pine Key Area of
Critical County Concern. Motion carried unanimously.
RESOLUTION NO. 393-1988
See Res. Book No. 68 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Fiscal Management
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to adopt the following
Resolution transferring funds regarding the Capital Projects
Fund. Motion carried unanimously.
RESOLUTION NO. 394-1988
See Res. Book No. 68 which is incorporated herein by
reference.
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Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
transferring funds regarding the Workers Compensation Fund.
Motion carried unanimously.
RESOLUTION NO. 395-1988
See Res. Book No. 68 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to adopt the following
Resolution electing to proceed under Paragraph 18 of
Ordinance No. 031-1987 and stating the intent to levy a Ten
Dollars per lot special assessment on lots within Cross Key
Waterway Special Lighting District in the same manner as
other special assessments are collected. Motion carried
unanimously.
RESOLUTION NO. 396-1988
See Res. Book No. 68 which is incorporated herein by
reference.
DIVISION OF PUBLIC WORKS
Report
Dent Pierce, Assistant County Administrator,
advised the Board of the Groundbreaking Ceremonies to be
held for the Sheriff's Substation on Cudjoe Key at 10:00
a.m. on Friday, August 19th.
The Board entered into a discussion concerning the
upcoming State DOT meetings to be held in Miami in
September. Mayor Lytton appointed Commissioner Puto to be
the Board's representative on September 9th along with cer-
tain appropriate Staff members to make a presentation on
behalf of the County. Motion was made by Mayor Lytton and
seconded by Commissioner Freeman to approve travel in con-
nection with said meeting. Motion carried unanimously.
Engineering
Mr. pierce discussed the possibility of creating a
Toll District for Boot Key Bridge. After lengthy
discussion, motion was made by Commissioner Puto and
seconded by Commissioner Freeman to continue this matter and
direct Mr. Pierce to continue his research and bring more
information back to the Board. Motion carried unanimously.
Roads and Bridges
The Board entered into a discussion of street
lighting on U.S. 1. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to direct
Staff to meet with DOT to ascertain the legal requirements
concerning the lighting on U.S. 1, to address the main-
tenance of traffic lights on poles on U.S. 1, and to leave
all lights on for the time being. Motion carried unani-
mously.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, brought the Board
up to date on the upcoming Union election.
Mr. Brown informed the Board that the Translator
System was experiencing problems with Channel 10 because of
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the use of the same frequency by a Hollywood, Florida sta-
tion. He advised that the problem should be cleared up
within thirty days or so and he would keep the Board abreast
of the situation.
After lengthy discussion, motion was made by
Commissioner Hernandez and seconded by Commissioner Puto to
approve payment of the following items:
City of Key West - $7,248.00
Building Permit Fee for Courthouse Annex,
First Floor Revnovation
City of Key West - $6,510.00
Building Permit Fee for Higgs Beach Pier
Renovation
Motion was then made by Commissioner Stormont and seconded
by Commissioner Freeman to amend the foregoing motion of
approval to show that payments were being made "under
protest." Roll call vote on the amendment was taken with
the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
Motion carried. Roll call vote on the motion as amended was
unanimous.
--
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to approve payment of the following
invoices:
1. Taylor, Brion, Buker & Greene, in the amount
of $312.62, for professional services re Tom
Pennekamp, et al v. proby, et ale
2. Stephens, Lynn, Klein & McNicholas, in the
amount of $198.10, for professional services
re Ashe v. Monroe County.
3. Floyd, Pearson, Richman, Greer, Weil, Zack &
Brumbaugh, in the amount of $2,397.90, for
professional services re New Port Largo v.
Monroe County.
4. Morgan & Hendrick, in the amount of $478.75,
for professional services re Pennekamp v.
Monroe County.
5. David Paul Horan & Associates, P.A., in the
amount of $631.86, for professional services
re Monroe County v. Graham.
....~--~"'...,
6. Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A., in the amount of
$1,259.27, for professional services through
7/29/88.
7. Public Financial Management, Inc., in the
amount of $2,505.65, for financial advisory
services for consulting on retainer for
period ending 7/15/88.
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Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve an administrative
reorganization by placing the Code Enforcement Department
under the Division of Community Services. Motion carried
unanimously.
The County Administrator addressed the Board and
requested permission for the preparation and advertisement
of an RFP for a Full Corrections System Master Plan. After
lengthy discussion, motion was made by Commissioner Freeman
and seconded by Commissioner Puto to grant permission for an
RFP for a Full Corrections System Master Plan and direct the
County Administrator to submit a copy of the RFP to each
member of the Board. Roll call vote was unanimous. Motion
was then made by Commissioner Puto and seconded by
Commissioner Freeman to direct the Jail Advisory Committee
to submit their recommendation for selection of the top can-
didate to the Board for ratification and also to submit to
the Board all pertinent data in connection with the top
three candidates. Roll call vote was unanimous.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to cancel the Regular
Meeting of September 6th, with the caveat that the Chairman
may call an Emergency Meeting if necessary. Roll call vote
was unanimous.
After discussion, motion was made by Mayor Lytton
and seconded by Commissioner Hernandez to appoint the
following persons as members of the Canvassing Board for the
upcoming elections:
Judge Sandra Taylor
Commissioner Michael Puto
Commissioner William Freeman
Motion carried unanimously.
The Board recessed for lunch and a meeting of the
Land Authority.
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The Regular Meeting of the Board of County
Commissioners reconvened with all Commissioners present.
AWARD OF BIDS
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The Board was advised of receipt of the following
bids for the Higgs Beach Picnic pavillions Project:
Alternate A
Alternate B
Frank Keevan & Son, Inc.
$ 90,112.00
$115,330.00
$ 8,740.00
$ 4,500.00
Rosasco Construction, Inc.
Motion was made by Commissioner Freeman and seconded by
Commissioner Puto to accept the recommendation of Staff and
award the bid for the Higgs Beach Picnic pavillions Project
to the low bidder, Frank Keevan & Son, Inc., in the amount
of $90,112.00, with the understanding that, if necessary, a
Change Order may be issued for Alternate B in the amount of
$8,740.00. Motion carried unanimously.
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089
The Board was advised of receipt of the following
bids for the Repair Of Daybeacons To Mark Summerland Key
(Toppino) Channel And Kemp Channel:
Frank Keevan & Son, Inc.
$17,267.00
$17,800.00
$21,538.00
Marine Construction Co.
Rodgers Drilling Service, Inc.
Motion was made by Commissioner Freeman and seconded by
Commissioner Puto to accept the recommendation of Staff and
award the bid for the Repair Of Daybeacons at Summer land Key
(Toppino) Channel and Kemp Channel to the low bidder, Frank
Keevan & Son, Inc. Motion carried unanimously.
COUNTY CLERK
Danny Kolhage, County Clerk, addressed the Board
regarding the Property Appraisal Adjustment Board. Mayor
Lytton appointed the fOllowing Commissioners to serve on the
Property Appraisal Adjustment Board:
Commissioner Jerry Hernandez, Jr.
Commissioner Michael Puto
Commissioner John Stormont
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to place a notice in the newspapers for
the hiring of Special Masters. Motion carried unanimously.
Motion was then made by Commisioner Puto and seconded by
Commissioner Freeman to acknowledge that there will be a
$15.00 per parcel filing fee for all petitions coming before
the Board. Motion carried unanimously.
SOUNDING BOARD
Harry F. Knight, Tax Collector, addressed the Board
concerning the New Uniform Procedure for Collection and
Enforcement of Non-ad valorem Assessments.
David Paul Horan, attorney, addressed the Board
concerning Boot Key. After a lengthy discussion, motion was
made by Commissioner Hernandez and seconded by Commissioner
Puto to affirm Mr. Horan's selection of a vehicle (Boot Key-
Tropic South, Inc.) to use for the previously authorized
suit against DCA. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
Yes
No
Yes
Motion carried.
COMMISSIONERS' ITEMS
John Carbonell addressed the Board and brought them
up to date on the Conch Republic Offshore Power Boat Race
Association and their request for funds.
SOUNDING BOARD
Ed Seebol of AIDS Help addressed the Board. Motion
was made by Commissioner Hernandez and seconded by
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090
Commissioner Puto to adopt the following Resolution
requesting that Governor Martinez finance the Drug AZT
program for persons suffering from AIDS in Monroe County.
Motion carried unanimously.
RESOLUTION NO. 397-1988
See Res. Book No. 68 which is incorporated herein by
reference.
PUBLIC HEARINGS
A Public Hearing was held on a proposed 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. 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. Jack Wedge of Big
Coppitt and Paul Galloway of Stock Island both addressed the
Board and spoke in favor of the proposed Ordinance. Motion
was made by Commissioner Puto and seconded by Commissioner
Freeman to adopt the following Ordinance. Roll call vote
was unanimous.
ORDINANCE NO. 042-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
Motion was then made by Commissioner Hernandez and seconded
by Commissioner Puto to direct the County Administrator to
contact the City of Key West and seek their total support
for this Ordinance and their conversion to the County fine.
Motion carried unanimously.
A Public Hearing was held on a proposed Ordinance
adopting uniform rural speed zones on County roads; pro-
viding 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. 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. Roll call vote was unanimous.
ORDINANCE NO. 043-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
A Public Hearing was then held on 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, lB, lC, lD, 2, 3,
4, 4A, and 4B; to remove fire and ambulance service in
Districts lA, lB, lC, lD, 2, 3, 4, 4A, and 4B, the $5,000
capital purchase referendum requirement; repealing the
district exemption from local permitting; providing for the
reimbursement of expenses for volunteers donating services
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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~ and providing an effective
date. Proof of publication was entered into the record.
Motion was made by Commissioner' Puto and seconded by Mayor
Lytton to read by title only. Motion carried unanimously.
Paul Galloway, Stock Island Fire Chief, spoke in favor of
the Ordinance. The County Attorney was directed to correct
the Ordinance to incorporate the new election precinct boun-
daries~ to add Marathon Volunteer Fire' Rescue, Inc. and
Key Largo Volunteer Ambulance, Inc. to the first paragraph
of Sec. 2-261 at the bottom of Page 9 and top of Page 10~
to add in the paragraph concerning corporate names on Page
10 the name of Marathon Volunteer Fire' Rescue, Inc.~ and
also to add Lower and Middle Keys Fire and Ambulance
District at the very end of that paragraph. Motion was then
made by Commissioner Puto and seconded by Commissioner
Freeman to adopt the Ordinance as corrected. Roll call vote
was unanimous.
ORDINANCE NO. 044-1988
See Ord. Book No. 18 which is incorporated herein by
reference.
A Public Hearing was held concerning the proposed
abandonment of a portion of St. Peter's Drive on Big Pine
Key. Father Tony Mullaney appeared before the Board on
behalf of St. Peter's Church. Dent Pierce, Assistant County
Administrator, addressed the Board. Motion was made by
Commissioner Hernandez and seconded by Commissioner Freeman
to adopt the following Resolution renouncing and disclaiming
any right of the County and the public in and to the
following described streets, alley ways, roads or highways
as delineated on the hereinafter described map or plat, to
wit:
St. Peter's Drive located in Pt. Gov't.
Lot 3, Section 25, Township 66, Range 29,
Virgil S. Lowe Subdivision, Big Pine Key,
Monroe County, Florida.
Roll call vote was unanimous.
RESOLUTION NO. 398-1988
See Res. Book No. 68 which is incorporated herein by
reference.
SOUNDING BOARD
After discussion, motion was made by Commissioner
Stormont and seconded by Commissioner Hernandez to adopt the
following Resolution requesting the Department of Navy and
Federal representatives to accommodate public access to Boca
Chica Road and seek alternate security processes for Boca
Chica Naval Air Base. Roll call vote was unanimous.
RESOLUTION NO. 399-1988
See Res. Book No. 68 which is inccorporated herein by
reference.
COUNTY ATTORNEY
The Board entered into a discussion regarding the
Employment Agreement with George W. Quinnell as Assistant
County Attorney. Motion was made by Commissioner Stormont
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f)92
to direct the County Attorney to renegotiate the referenced
contract. Motion died for lack of a second. Motion was
made by Commissioner Puto and seconded by Commissioner
Freeman to amend the Board's previous action to amend the
Employment Agreement with George W. Quinnell as Assistant
County Attorney so that Mr. Quinnell would not be considered
a County employee, to execute the Agreement as submitted by
the County Attorney, and to ratify Resolution No. 329-1988
authorizing the execution of the Employment Agreement. 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.
BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals to hear an appeal by Four Star Builders regarding
the imposition of impact fees pursuant to Sections
9.S-491(d)(6), Fair Share Transportation, 9.S-494(c)(S),
Solid Waste and 9.S-49S(e)(6), Police Facilities. Michael
Gilbert, part owner of the appellant, Four Star Builders,
Inc., addressed the Board. Donald Craig, Assistant County
Administrator/Growth Management, addressed the Board. After
discussion, motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to refer this matter back
to staff for further input. Roll call vote was unanimous.
There being no further business, the meeting was
adjourned.
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