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10/04/1988 Regular f ~ MM 135 . LLJ:RegUlar Meeting Board of County Commissioners Tuesday, October 4, 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" of 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. Mayor Lytton announced that he would be out of town from 12:00 Noon on Friday, October 7th, until the morning of Wednesday, October 12th. The Mayor announced that he was issuing a Proclamation recognizing NATIONAL NEWSPAPER WEEK from October 2nd through October 8th. Mayor Lytton announced that he had been accepted for a seat on the Environment, Energy and Land Use Planning Committee of the National Association of Counties. COMMISSIONERS' ITEMS Mayor Lytton and the County Administrator presented a special Appreciation Plaque to John Mayne. The Mayor, County Administrator, and Assistant County Administrator and Roads and Bridges Director of the Public Works Division, presented a Length of Service Award to Edward Taylor of the Roads and Bridges Department recognizing his loyal and meritorious service of twenty- three years with the County. The Mayor, County Administrator, and Assistant County Administrator and Roads and Bridges Director of the Public Works Division, presented a Length of Service Award to Robert Attilio of the Roads and Bridges Department in recognition of his loyal and meritorious service of twenty- two years with the County. The Mayor, County Administrator, and Library Services Director made a presentation to Florence Smith in recognition of her fifteen years of service with the County Library. Barry Kaplan of the Hyatt Hotel was presented with a Special Appreciation Plaque for the services of his employees in painting the Key West Airport Terminal. COUNTY ATTORNEY Randy Ludacer, County Attorney, addressed the Board regarding a Substitute Lease for Rockland Key International, MM 1 36 / Inc. concerning a parcel of land at the Key West International Airport. Tim Koenig addressed the Board and requested support of this Substitute Lease. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the Resolution authorizing execution of the Substitute Lease Agreement for Rockland Key International, Inc. Art Skelly, Airport Director, and Tom Brown, County Administrator, addressed the Board. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to postpone this matter until a review of all County Leases can be accomplished by the Finance Office and the Administrator's Office. 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. COMMISSIONERS' ITEMS Motion was made by Commissioner seconded by Commissioner Puto to appoint Big Pine Key to the Planning Commission. unanimously. Freeman and Grace Mannillo of Motion carried Motion was made by Commissioner Puto and seconded by Mayor Lytton to adopt the following Resolution authorizing the Mayor/Chairman of the Board to execute an Equipment Loan Agreement by and between Florida Keys Land Trust, Inc. and Monroe County concerning the use of a wood chipper. Motion carried unanimously with Commissioner Hernandez not present. RESOLUTION NO. 498-1988 See Res. Book No. 70 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to appoint Jorge Aladro to the Contractors' Examining Board. Motion carried unanimously. The County Attorney was directed to proceed to investigate the criteria for representation on the Examining Board. Mayor Lytton announced that I. T. Holding had tendered his resignation and that he would be distributing for con- sideration copies of applications received for the vacated post. After discussion by Commissioner Puto concerning the Tourist Development Council, motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution transferring funds. Motion carried unanimously. RESOLUTION NO. 499-1988 See Res. Book No. 70 which is incorporated herein by reference. Commissioner Hernandez discussed the problems regarding Dispatch Creek on Key Largo. Fred Tittle, attor- ney representing a number of private citizens and homeowners who reside within the Ocean Reef Complex, addressed the Board. Don Craig, Assistant County Administrator/Growth Management Division, addressed the Board and requested that '1? E. V , 5 ~'j) MM 13 7 ,..'"' ~I - this item be agendaed for final action at the December 6th meeting. Tim Thomes, attorney and resident of Ocean Reef, addressed the Board on behalf of certain property owners in this matter. Charles Broeman, resident of the Dispatch Creek area and an appointed representative of certain homeowners in that area, also addressed the Board. Commissioner Hernanez read into the record a letter from DER concerning the problem. Commissioner Stormont requested Mr. Craig to submit a complete up-to-date file on this matter to each Commissioner well in advance of the December 6th meeting. After discussion, motion was made by Mayor Lytton and seconded by Commissioner Puto that the Staff recommen- dation on the Dispatch Creek matter would be accepted at the December 6th meeting. Motion carried unanimously. \ The Board of County Commissioners recessed for the purpose of conducting a meeting of District #1 Lower and Middle Keys Fire and Ambulance District. * * * * * DISTRICT 11 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District *1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Hal Halenza, Eugene Lytton, Al Owens, John Stormont and Chairman Michael Puto. Stephen Travis, Fire/Rescue Director, addressed the Board regarding awarding the bid for Fire Rescue Pumpers and associated and/or related equipment and recommended that the bid be awared to Young Fire Equipment Corp. in the amount of $203,957.00. William Wagner, III, Chief of Conch Key Fire and Rescue, and the President of Islamorada Fire Department spoke in support of Mr. Travis' recommendation. Motion was made by Mayor Lytton and seconded by Commissioner Halenza to accept the recommendation of Staff and award the bid for three Fire Rescue Pumpers and associated and/or related equipment to Young Fire Equipment Corp. in the amount of $203,957.00 each, for a total of $611,871.00. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District #1 adjourned. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. COMMISSIONERS' ITEMS The Board entered into a discussion concerning the Lease Agreement with the Marathon Chamber of Commerce. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to amend the Lease to add finger piers to the property. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes Yes No No Motion failed. Motion was made by Commissioner Stormont and / I MM 138 J j seconded by Commissioner Freeman to refer this item to the County Attorney and Staff for review in light of the Commission's policies on lease agreements. Motion was then made by Mayor Lytton and seconded by Commissioner Freeman to amend the motion to specifically direct the County Attorney and Staff to review the Chamber of Commerce/County Lease in Marathon for an analysis in light of the recently established policies of the Board regarding leases. During discussion, Mayor Lytton withdrew his motion to amend. Roll call vote was taken on the original motion with the following results: ,~ Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No No Yes Yes Motion carried. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the following items by unanimous consent: Board approved the request by the Marathon Business and Professional Women's Club to use Sombrero Beach Road from 9:00 a.m. to 10:00 a.m. on February 4, 1989 for a Mardi Gras Parade from the Marathon High School to The Marine Bank Special Events Field. Board approved the request of the Director of the Roads and Bridges Department of the Public Works Division for deletion of the following items from Inventory: ( { 0940-003 0940-048 0940-060 0940-061 0940-080 0940-081 0940-101 0940-102 0940-103 0940-155 4102-036 4102-049 4102-063 4102-136 4102-137 4102-178. 4102-314 0940-49 Side Chair l2-Ton Jack Chair Chair Calculator Calculator Pogo Stick Pogo Stick Pogo Stick Contact Forks Welding Outfit Lawn Edger Tub Pump & Fittings Measuring Wheel Stool Loader Bucket Cabinet Lawn Edger Board approved payment of Monroe County Tourist Development Council expenditures (Input Date 9/13/88) in the amount of $9,907.36, subject to final invoice approval by the Finance Department. Board approved payment of Monroe County Tourist Development Council expenditures (Input Date 9/19/88) in the amount of $3,588.33, subject to final invoice approval by the Finance Department. Board approved payment of Monroe County Tourist Development Council expenditures (Input Date 9/20/88) in the amount of .... \ "\ MM 139 , $20,260.18, subject to final invoice approval by the Finance Department. Board approved and authorized execution of a Certificate of Public Convenience and Necessity (Class A Emergency Medical Services) for Atlantic/Key West Ambulance Service for the period beginning July 23, 1988 and ending July 22, 1990. , Board adopted the following Resolutions transferring funds: RESOLUTION NO. 500-1988 RESOLUTION NO. 501-1988 RESOLUTION NO. 502-1988 RESOLUTION NO. 503-1988 RESOLUTION NO. 504-1988 RESOLUTION NO. 505-1988 RESOLUTION NO. 506-1988 RESOLUTION NO. 507-1988 RESOLUTION NO. 508-1988 RESOLUTION NO. 509-1988 RESOLUTION NO. 510-1988 See Res. Book No. 70 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 11, Hawaiian Village. RESOLUTION NO. 511-1988 See Res. Book No. 70 which is incorporated herein by reference. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Richard Price for a 20 x 30 garage at ground level for storage and parking only on Lot 7, Whispering Pines, Plat #4, Big Pine Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-lO, Panel l536C. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Clarence and Mary Schatz for a 624 square foot addition ($21,000.00 per contractor's bid - 1214 square feet existing) on Lots 9 and 10, Coral Colony, Key Vaca; Zoned IS - Improved Subdivision; Coastal Flood Zone A-13. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Paul W. and Mary L. Stock for an approximate 177 square foot enclosure in addition to 426 square feet for storage only on Lots 92 and 93, Section F, Sugar loaf Shores, Sugarloaf Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-lO and V-12, Panel l490C. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Vincent and Karen Taporowski for a 14 x 36 garage at grade elevation for storage and parking only (break-away construction) on Lot 11, Block 11 and Lot 18, Block 12, Eden Pines Colony, 1st Addition, Big Pine Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel l5l7D. Board authorized the refund of $75.00 to Ryan Builders because of a duplicate fill and seawall permit. Board authorized the refund of $250.00 to George Halloran as ~ ~ I MM 140 repayment of his bond for a Political Signs Permit. COUNTY ATTORNEY Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to accept and execute a Settlement Agreement by and between Monroe County, the Florida Department of Community Affairs and A. DeFreitas t/a Tradewind Builders of Monroe County, Inc. RESOLUTION NO. 512-1988 See Res. Book No. 70 which is incorporated herein by reference. Board granted permission to advertise for Public Hearing a proposed Ordinance authorizing the Clerk of the City of Key West to transmit to the Tax Collector of Monroe County the names of persons who have accumulated five or more City parking violations; etc. . Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement by and between the District Board of Trustees of Florida Keys Community College and the Board of County Commissioners con- cerning the training of EMT-l students. RESOLUTION NO. 513-1988 See Res. Book No. 70 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 Monroe County and F. James Chaplin and Bettye B. Chaplin regarding space in the Chaplin Building for the Supervisor of Elections. RESOLUTION NO. 514-1988 See Res. Book No. 70 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Extension Services Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Department of Natural Resources Florida Boating Improvement Program bevelopment Project by and between the State of Florida Department of Natural Resources and Monroe County concerning the project known as Tavernier Creek Daymarker Repair. RESOLUTION NO. 515-1988 See Res. Book No. 70 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Planning and Development Review Board adopted the following Resolution establishing filing fees for the Plat Approval Process. RESOLUTION NO. 516-1988 See Res. Book No. 70 which is incorporated herein by reference. MM 1 4 1 DIVISION OF MANAGEMENT SERVICES Board granted permission to remove the following item from inventory and advertise same for bids: 1980 Ford Vehicle No. 3406-7 Insurance Board approved renewal of Employer's Reinsurance Corporation Policy tC-32588, effective date of October 1, 1988, Annual Deposit Premium - $104,254.00 (Subject to Audit). Fiscal Management Board adopted the following Resolution concerning the receipt of unanticipated funds regarding Workers Compensation Fund. RESOLUTION NO. 517-1988 See Res. Book No. 70 which is incorporated herein by reference. Board adopted the following Resolution concerning transfer of funds. RESOLUTION NO. 518-1988 See Res. Book No. 70 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Engineering Board authorized the installation of a street light at the intersection of Coral Avenue and U.S. 1 on Ramrod Key. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. Rosenman & Colin, in the amount of $10,892.31, for professional services re Translator System. 2. Witus, Nisonson & Madorsky, P.A., in the amount of $2,604.00, regarding Trauma Care re Gerald Weldy. 3. Public Financial Management, Inc., in the amount of $2,776.57, for financial advisory services for consulting on retainer for period ending August 15th. 4. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $917.88, for General Capital Projects Services for July 30th through August 31st. 5. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $393.49, in payment of Invoice t18 re Plantation Key Waste Water Treatment Plant. 6. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $606.27, in payment of Invoice #15 re Courthouse Annex. 7. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $215.39, in payment of Invoice 113 MM 142 re Sheriff's Substation. 8. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $495.88, in payment of Invoice 114 re Gun Mounts, Higgs Beach. 9. AT&T, in the amount of $23,237.23, for purchase of the Planning Department Merlin System. Board approved request of Ecurie Vitesse Sports Car Club of Key West for use of Loop Road on Sugar loaf Key for the 29th Annual Bay Bottom Crawl Sports Car Event on Thursday, October 6th through Tuesday, October 11th. 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 Hellman, Ph.D., in the amount of $150.00; Guillermo D. Marcovici, M.D., P.A., in the amount of $600.00; Mental Health Care Clinic of the Lower Keys, in the amount of $200.00; Tanju T. Mishara, Ph.D., in the amount of $150.00. COURT-APPOINTED ATTORNEYS, Michael S. Gilbert, in the amount of $660.75; William Kuypers, in the amount of $481.50; Jeffrey B. Meyer, in the amount of $601.25. OTHER EXPENSES, Richard Dale Carter, in the amount of $300.00; Dr. Leonard Haber, in the amount of $750.00; S. Elaine Scott, in the amount of $200.00; Louis J. Spallone, in the amount of $400.00; University of Miami, in the amount of $436.00. COURT REPORTER SERVICES, A. J. Reporting Service, in the amount of $3,366.75; Associated Court Reporters, in the amount of $3,235.50; Sandra S. Bazo, in the amount of $88.00; Florida Keys Reporting Service, in the amount of $882.75; Laws Reporting Service, in the amount of $161.88; Nancy J. Maleske, in the amount of $1,856.25; Morgan J. Morey & Associates, in the amount of $182.50; Nichols & Hardy Court Reporters, in the amount of $233.00; Sara Ann Sargent, in the amount of $292.60. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $555.00; Serafin Calero, in the amount of $30.00; Humberto Jimenez, in the amount of $70.00. EXPERT WITNESS FEES, Jeffrey J. Elenewski, Ph.D., in the amount of $600.00; Guidance Clinic of the Middle Keys, in the amount of $200.00; Mental Health Care Center of the Lower Keys, in the amount of $350.00; Tanju T. Mishara, Ph.D., in the amount of $450.00. EXTRADITION SERVICES, William E. Freeman, Jr., Sheriff, in the amount of $13,455.22. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $5,817.27; Regular Witness Fees, in the amount of $165.00. Board approved the following Warrants: GENERAL REVENUE FUND, 494742-195936, in the amount of $2,606,973.89. MM 1 43 SUPPLEMENT TO GENERAL REVENUE FUND, 1249-1251, in the amount of $43,457:44. ---- FINE ~ FORFEITURE FUND, 1740-#744, in the amount of $145,610.95. AIRPORT OPERATION ~ MAINTENANCE FUND, 1484-'488, in the amount of $37,313.64. ROAD ~ BRIDGE FUND, 1524-1529, in the amount of $143,286.30. MSD TAX DISTRICT, 11159-#1170, in the amount of $434,937.89. MSD - MARINE BANK (Marathon), 1449-'453, in the amount of~25,84l.57. MSD - PLEDGED FUNDS, #124, in the amount of $100,000.00. LAW LIBRARY FUND, 1251-'253, in the amount of $3,069.78. CAPITAL PROJECTS FUND, 1310-1312, in the amount of $60,411.70. CARD SOUND BRIDGE FUND, #243-#245, in the amount of $21,267.19. WORKERS COMPENSATION, #2653-'2671, in the amount of $89,200.51. TOURIST DEVELOPMENT COUNCIL, 1531-'533, in the amount of $192,927.52. MONROE COUNTY SELF-INSURED GROUP INSURANCE, 1266- #269, in the amount of $47,984.05. TRANSLATOR FUND, #192-#194, in the amount of $6,606.19. 003 COMMUNITY DEVELOPMENT BLOCK GRANT, '24-127, in the amount of $30,610.43. 003 MONROE COUNTY RENTAL REHABILITATION PROGRAM, 106, in the amount of $21,600.00. 503 RISK MANAGEMENT FUND, 106-t09, in the amount of $5,185.11:-- ---- ---- 715 MARINERS HOSPITAL SPECIAL TAX DISTRICT, 147, in the amount of $487.23. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, 1158-1161, in the amount of $395,521.24. MONROE COUNTY FIRE & AMBULANCE, Lockbox Service, 11, in the amount of $140.40~ Board granted permission to Tax Collector to issue a Duplicate Tax Sale Certificate to Southeast Bank inasmuch as Original Tax Sale Certificate No. 2766-82 has been lost or destroyed. Board accepted the attached Certificate of Canvassing Board for the 9/6/88 Nonpartisan Election. MM 1 44 Board accepted the attached Certificate of Canvassing Board for the 9/6/88 Republican Primary Election. Board accepted the attached Certificate of Canvassing Board for the 9/6/88 Democratic Primary Election. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution approving Marathon Yacht Club's request for a major conditional use. Motion carried unanimously with Commissioner Hernandez not present. RESOLUTION NO. 519-1988 See Res. Book No. 70 which is incorporated herein by reference. 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 Dr. Manuel A. Gonzalez for an 850 square foot addition to 8063 square foot single-family residence on Lot 11, Block 2, Tavernier, Ocean Shores, Key Largo; Zoned IS - Improved Subdivision; Coastal Flood Zone V-2l. Motion carried unanimously. COUNTY ATTORNEY Report Randy Ludacer, County Attorney, reported on the Port Bougainville negotiations and advised that the State is willing to give the County a long-term lease on the fire- house and is also willing to negotiate on relocation of the tower. MANAGER OF MUNICIPAL SERVICES (WASTE) Report Charles Aguero, MSD Manager, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve payment of $86,164.00 for Mack Truck. Motion carried unanimously. After discussion, motion was made to waive the Purchasing Policies and grant authority to the MSD Manager to negotiate with contractors for repairs necessary to two of the plants. Motion carried unanimously. Mr. Aguero advised the Board that he would be going to Tallahassee to attend the first workshop on the new rules under the Waste Bill. DIVISION OF COMMUNITY SERVICES Airport Services Peter Horton, Assistant County Administrator, addressed the Board concerning a proposed Lease Agreement with Air Cargo America, Inc. and presented a revised Page 2 to the proposed Lease. After discussion, motion was made by Commissioner Hernandez and seconded by Mayor Lytton to MM 145 approve the revised Page 2 to the Lease and to adopt the following Resolution approving and authorizing the Mayor/Chairman of the Board to execute the Lease by and between Air Cargo America, Inc. and Monroe County for space at the Key West International Airport. Motion carried una- nimously. RESOLUTION NO. 520-1988 See Res. Book No. 70 which is incorporated herein by reference. After discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to grant per- mission to re-advertise for bids for the remaining cargo facility at Key West International Airport. Motion carried unanimously with Mayor Lytton not present. DIVISION OF GROWTH MANAGEMENT Report Donald Craig, Assistant County Administrator, that Garth Coller would be coming aboard as the attorney for Planning and Code Enforcement. Mr. Craig advised that a report on the Marathon Permitting Center would be brought back to the Board at the next meeting. Mr. Craig advised that a final schedule regarding the Map and Text Amendments would be brought back to the Board at the next meeting. He also advised of the can- cellation of the meetings previously scheduled for the end of October and November 9th. The Board discussed a letter received from Milt Mravic regarding the cancellation of the Land Use Plan Map and Text Amendment Hearings. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton directing the County Administrator and Assistant County Administrator Craig to investigate the matter referred to in Milt Mravic's letter and respond as quickly as possible. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution approving a list of Improved Subdivisions (IS) which will no longer receive on-site review. Motion carried unanimously. RESOLUTION NO. 521-1988 See Res. Book No. 70 which is incorporated herein by reference. ...-.....- After discussion, motion was made to adopt the following Resolution to approve and authorize execution by the Mayor/Chairman of the Board of the Agreements between Modulaire and Monroe County regarding rental of Modulaire Offices during Wing III remodeling. Motion carried unani- mously. RESOLUTION NO. 522-1988 See Res. Book No. 70 which is incorporated herein by reference. MM 46 Planning and Development Review After discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution determining that the period for accept- ing amendments for the annual review period set forth in Sec. 9.5-5ll(c), Monroe County Code, shall run through November 15, 1988. Motion was then made by Commissioner Stormont to amend the Resolution to add at the end of the "BE IT RESOLVED" paragraph the following: ";however, the consideration of such applications shall be held in abeyance until those second six months plan amendments are approved by the Monroe County Board of County Commissioners and the Florida Department of Community Affairs." The amendment was accepted by the maker and the seconder. Roll call vote on the motion as amended was unanimous. RESOLUTION NO. 523-1988 See Res. Book No. 70 which is incorporated herein by reference. Building Department Mr. Craig advised that the matter of the Flood Variance Denial for Egan Adams was postponed until the October 18th meeting. DIVISION OF MANAGEMENT SERVICES Michael Managan, Assistant County Administrator, advised the Board that the County had just received a $212,600.00 grant award from HUD to do rental rehabilitation work in the unincorporated areas of Monroe County. Motion was made by Commissioner Puto and seconded by Mayor Lytton to accept the $212,600.00 grant award from HUD. Motion carried unanimously. Grants Management Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution accepting and directing proper execution of a grant from the Florida Department of Environmental Regulation in the amount of $40,000.00 to be used for an engineering study to re- design parking and public access to the various beaches in Key West. Motion carried unanimously. RESOLUTION NO. 524-1988 See Res. Book No. 70 which is incorporated herein by reference. Paul Wick gave a status report on a grant from the Florida Department of Natural Resources, Beach Access Initiative Program. The County Attorney was directed to request an Attorney General's Opinion regarding the use of TDC funds and the County Administrator and Staff were directed to continue investigating alternatives. Mr. Wick discussed the County's 1988 application to the Florida Department of Natural Resources under the Florida Recreation Development Assistance Program (FRDAP). After discussion, motion was made by Commissioner Stormont and seconded by Mayor Lytton to direct this proposal toward the Big Pine Key land. Motion carried unanimously. MM 1 4 7 COMMISSIONERS' ITEMS Bob Herman, Deputy Director of the Growth Management Division, and Mayor Lytton presented to the Board copies of "slosh models" showing storm surges in Monroe County as prepared by the National Weather Service. Commissioner Puto advised the Board that the FEMA trip to Washington had been postponed. Mayor Lytton recognized Representative Saunders in the audience. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent except Commissioners Freeman and Puto. DIVISION OF PUBLIC SAFETY Report Frank Shortman of the Translator System addressed the Board and advised that the difficulties with Channel 10 should be alleviated around October 15th. After discussion, Mr. Shortman was directed to continue with necessary steps to apply to FCC to upgrade TV reception in the Marathon, Big Pine and Sugarloaf areas. DIVISION OF PUBLIC WORKS Consulting Engineer Bob Harris of Post, Buckley, Schuh & Jernigan addressed the Board. He advised that approval to occupy the Jail was expected in the next few days. He also advised that when the prisoners were able to be moved to the third floor, the second floor's repair work would begin. He gave a status report on the Sheriff's Substation on CUdjoe Key, the Courthouse Annex renovations, the Plantation Waste Water Treatment Plant, Higgs Beach, and Aviation Boulevard Bike Path. Engineering David Koppel addressed the Board regarding street lighting on U.S. 1. After lengthy discussion, the County Administrator was directed to draft a letter to determine if any Federal Assistance funds could be passed to local government for the Federal portion of the highway. The County Attorney was asked to present the Board with a brief on the Statutes and what the Administrative Code requires the County and the State to do in this matter. These items were to be brought back to the Board at the first meeting in November, at which time the Board would make a decision con- cerning the hOlding of a workshop with the County and the State concerning the street lighting on U.S. 1. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to accept the recommendation of Staff to approve the installation of two street lights on Calle Uno, Rockland Key. After discussion, Mayor Lytton withdrew his second. Motion died for lack of a second. Motion was then made by Commissioner Hernandez to postpone this matter until the next meeting. Motion died for lack of a second. Motion was then made by Mayor Lytton and seconded MM 1 48 by Commissioner Stormont to deny the request for installa- tion of two street lights on Calle Uno, Rockland Key, Roll call vote was taken with the following results: Commissioner Hernandez Commissioner Stormont Mayor Lytton No Yes Yes Motion carried. COUNTY ADMINISTRATOR The Board entered into a discussion concerning the November 15th meeting and where it would be held. The Board directed the County Administrator to contact the Courts to ascertain if at least the swearing-in ceremonies of the new Commissioners could be held in the Courthouse on that date and then, if necessary, move to another meeting place. The Board recessed for a meeting of the Land Authority. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Sec. 6-84 and Sec. 6-85 of the Monroe County Code of Ordinances; providing for qualifications of membership of the Examining Board; providing for a term of office and phasing in of members; providing for clarification of the Board's authority and jurisdiction; providing for severabi- lity; 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. Proof of publication was entered into the record. Motion was read by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously with Commissioner Hernandez not present. Bill Smith of the Florida Keys Contractors Association spoke in favor of the proposed Ordinance. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to amend the proposed Ordinance to add the following sentence at the end of Section 1: "The effect of this section shall be applicable to new appointees commencing one year from the effective date of this Ordinance." Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 046-1988 See Ord. Book No. 19 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Monroe County Code Sec. 2-309(A) and (B) by adding Sec. 2-309(C) to provide for payment by the Tourist Development Council of overhead expenses of various Chambers of Commerce; providing for severability; providing for repeal of all Ordinances or parts thereof in conflict herewith; and providing an effective date. Proof of publi- cation was entered into the record. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to read by title only. Motion carried unanimously. Bob Perry, MM 1 49 Executive Director of the Lower Keys Chamber of Commerce, addressed the Board. The County Attorney was directed to add a line to the Ordinance under the Lower Keys Chamber of Commerce as follows: June 1, 1988 - September 30, 1988 $8,497.00 Motion was then made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 047-1988 See Ord. Book No. 19 which is incorporated herein by reference. A Public Hearing was held on 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. Proof of publication was entered into the record. Motion was made by Commissioner Hernandez and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. Frank Turner addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to amend the proposed Ordinance by deleting everything in Subparagraph (a) of Section 1 after the words "public purpose." Motion carried unanimously. Motion was then made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 048-1988 See Ord. Book No. 19 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance allowing the City of Layton to participate in the Monroe County Municipal Service District for the purpose of pro- viding garbage, trash, waste collection and disposal ser- vices within the limits of the City of Layton; providing for severability; providing for the repeal of all Ordinances or parts thereof in conflict herewith; and providing an effec- tive 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. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to adopt the following Ordinance. Roll call vote was unanimous with Commissioners Hernandez and Stormont not present. ORDINANCE NO. 049-1988 See Ord. Book No. 19 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance providing that Article II, Section 8-20 of the Monroe County Code be amended to provide 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, MM 150 \, \ ) encumbrances, titles and claims against real property; pro- viding for severability; 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. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Stormont 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. Roll call vote was unanimous. ORDINANCE NO. 050-1988 See Ord. Book No. 19 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT . Don Craig addressed the Board regarding the status of J-H-T Subdivision's rezoning. Gaetano Alfonso addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to postpone this item to a time certain on October 18th at 2:00 p.m. Motion carried unanimously. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals to hear the continuation of an appeal by Four Star Builders regarding the imposition of impact fees pur- suant to Sections 9.5-49l(d)(6), Fair Share Transportation, 9.5-494(c)(5), Solid Waste, and 9.5-495(e)(6), Police Facilities, which was continued from the September 20th meeting. Mike Gilbert and Bill Lemon of Four Star Builders addressed the Board concerning their appeal. After lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution denying the appeal of Four Star Builders, Inc. regarding the imposition of impact fees and directing the Planning Department to take all appropriate steps to place this road on the County's Capital Facilities Plan. Roll call vote was unanimous. RESOLUTION NO. 525-1988 See Res. Book No. 70 which is incorporated herein by reference. After discussion, Commissioner Hernandez changed his vote to a "NO" vote. COUNTY ADMINISTRATOR Lavonne Wisher of Public Financial Management addressed the Board concerning the Capital Projects Financing. After lengthy discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the County's Financial Consultant to adopt the proposal of William R. Hough & Company to underwrite the proposed Capital Improvement Bonds. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes MM 1 5 1 Motion carried. COUNTY ATTORNEY Motion was made by Commissioner Puto and seconded by Commissioner Freeman to grant permission to advertise for one Public Hearing a proposed enabling Ordinance relating to ,~ County Capital Projects. The Clerk advised the Board that he would have his attorney also investigate the proposed Ordinance and report back to the Board. Roll call vote was unanimous. Motion was made by Mayor Lytton and seconded by Commissioner Puto to reconsider the matter of the substitute Lease of Rockland Key International, Inc. for space at the Key West International Airport. 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. After discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Stormont to postpone this item to October 18th. Motion was then made by Commissioner Stormont to amend this motion to include receipt of a recommendation from Staff and Legal regarding the ramifications that this matter may present in view of the County policy regarding leases. Maker of the motion refused to accept the amendment. Roll call vote on the ori- ginal motion was unanimous. There being no further business, the meeting was adjourned. * * * * * - ~'I-- CERTIFIC ~ COUNTY CANVASSING BOARD ~(Q)[j2)V STATE OF FLORIDA MONROE COUNTY MIKE PUTO SANDRA TYALOR County Judge, (SUBSTITUTE. ~E~~RblB~~ OF COUNTY COMMISSIONERS ~~~ We, the undersigned WILLIAM J. FREEMAN Member of the Board of County Commissioner, constituting the Board of County Canvassers in and for said county, do hereby certify that we met in the office of the Supervisor of Elections on the day of September, A. D., 1988, and proceeded to publicly canvass the votes given for the several offices and persons herein specified at the NONPARTISAN Election held on the Sixth day of September, A. D., 1988. as shown by the returns on file in the office of the County Judge and Supervisor of Elections, respectively. We do hereby certify from said returns as follows: For Circuit Judge, 1 F,r}, Judicial Circuit, Group No. 2 the whole number of votes cast was 11.804 of which number ROGER McCLELLAND received 3,300 votes RICHARD G. PAYNE received 8,504 votes received votes received votes received votes For Circui t Judge, 16th Judicial Circuit, Group No. 3 the whole number of votes cast was 11.220 of which number J. JEFFERSON "JEFF" OVERBY received 7.089 votes KENNETH H. SMITH received 4,111 votes received votes received votes received votes For Circuit Judge, Judicial Circuit, Group No. the whole number of votes cast was of which number received votes received votes received votes received votes received votes For County Court Judge, MONROE County, Group No. Z the whole number of votes cast was 11.607 of which number WAYNE M. MILLER received 6,063 votes SUSAN VERNON received 5,544 votes received votes For County Court Judge, County, Group No. the whole number of votes cast was of which number received votes received votes received votes For County Court Judge, County, Group No. the whole number of votes cast was of which number received votes received votes received votes For County Court Judge, County, Group No. the whole number of votes cast was of which number received votes received votes received votes For County Court Judge, County, Group No. the whole number of votes cast was of which number received votes received votes received votes For County Court Judge, County, Group No. the whole number of votes cast was of which number received votes received votes received votes For , the whole number of votes cast was of which number received votes received votes received votes For , the whole number of votes cast was of which number received votes received votes received votes SANDRA TYAL~ County Judg~ MIKE PUTO :;i:?M %~ ~~ MEMBER, BOARD OF COUNTY COMMISSIONE S (SUBSTITUTE) WILLIAM J. FREEMAN~~ ~ Mem er, Boar 0 CountY! CERTIFICATE OF COUNTY CANVASSING BOARD ~(Q)[j2)~ STATE OF FLORIDA MONROE , County We, the undersigned, MIKE PUTO SANDRA TAYLOR Coun ty Judge (SUBSTITUTE) MEMB~K tlUAKU OF COUNTY COMMTSSIONERS ~~~~<PC WILLIAM J. FREEMAN Member of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met in the office of the Supervisor of Elections on the 6th day of September, A. D., 1988, and proceeded to publicly canvass the votes given for the several offices and persons herein specified at the REPUBLICAN PRIMARY Election held on the Sixth day of September, A. D., 1988, as shown by the returns on file in the office of the County Judge and- Supervisor of Elections, respectively. We do hereby certify from said returns as follows: For United States Senator, the whole number of votes cast was 3,634 of which number CONNIE MACK received 2,375 votes ROBERT W. MERKLE received 1,259 votes For Representative in Congress, Congressional District, the whole number of votes cast was of which number received votes I votes received received votes For Representative in Congress, Congressional District, the whole number of votes cast was of which number received votes received votes received votes For Representative in Congress, Congressional District, the whole number of votes cast was of which number received votes received votes received votes For Representative in Congress, the whole number of votes cast was received received received Congressional District, of which number votes votes votes For Treasurer, the whole number of votes cast was 3,371 of which number TOM GALLAGHER received RAPHAEL HERMAN received JEFFREY L. LATHAM received 7,4Q') /47 f.14 votes votes votes For State Attorney, votes cast was Judicial Circuit, the whole number of of which number received received received votes votes votes For State Attorney, Judicial Circuit, the whole number of votes cast was of which number received votes received votes received votes For Public Defender, Judicial Circuit, the whole number of votes cast was of which number received received received votes votes votes For Public Defender, votes cast was Judicial Circuit, the whole number of of which number received received received votes votes votes For Member, Board of County Commissioners, District 3 the whole number of votes cast was 1,717 of which number GEORGE HALLORAN received votes 1.R1,) DOUG JONES received 1, R97 votes received votes received votes For Member, Board of County Commissioners, District the whole number of votes cast was of which number received votes received votes received votes received votes For Member, Board of County Commissioners, District the whole number of votes cast was of which number received votes received votes received votes received votes For Member, Board of County Commissioners, District the whole number of votes cast was of which number received votes received votes received votes received votes For Member, Board of County Commissioners, District the whole number of votes cast was of which number received votes received votes received votes received votes For STATE COMMITTEEMAN , the whole number of votes cast was 3.300 of which number ROY C. ANDERSON received 942 votes BILL JACKSON received 468 votes EDWARD TOPPINO, SR. received 849 votes R. BROOKS WHITE received 1,041 votes For the whole number of votes cast was of which number received votes received votes received votes For STATE COMMITTEEWOMAN the whole number , of votes cast was 3.129 of which number MONA M.CHASE received 1. 8.:37 votes JULIA JACKSON received 1,292 votes received votes For PRECINCT 2 COMMITTEEMAN the whole number , of votes cast was no of which number GERALD ABREU, JR. received 62 votes BILL JACKSON received 46 votes GEORGE SANTANA received 35 votes EDWARD TOPPINO, SR. received 77 votes For PRFrTNrT ? rnMMT 1"T'FFWnM A N , '(he whole number of votes cast was 212 of which number JULIA JACKSON received 75 votes EDNA SANTANA received 56 votes ELIZABETH M. TOPPINO received 81 votes For PRECINCT 13 COMMITTEEMAN the whole number of votes cast was 199 of which number CHARLES W. ROBERSON received 77 votes THOMAS A. STEVENS received 17/ votes received votes For PRECINCT 13 COMMITTEEWOMAN the whole number of votes cast was 198 of which number FERN M. ROBERSON received 86 votes HENRIETTA E. STEVENS received 112 votes received votes For PRECINCT 22 COMMITTEEMAN the whole number , of votes cast was 227 of which number JOHN A. BRADSHAW received 89 votes THOMAS R. MCDONALD received 104 votes KENNETH C. VANCE received 14 votes For the whole number of votes cast was of which number received votes received votes received votes For , the whole number of votes cast was of which number received votes received votes received votes SANDRA TAJIo~r--- County Ju ge ~~ MEMBER, BOARD OF COUNTY CO ISS 0 RS (SUBSTITUTE) WILLIAM J. FREEMAN 1 / ~..L.-e. <---<--- ~ Mem er, Boar Co eommissioners ~-) - CERTIFICATE OF COUNTY CANVASSING BOARD ~(Q)[P)V STATE OF FLORIDA MONROE , County We, the undersigned, SANDRA TAYLOR (SUBSTITUTE)MEMB MIKE PUTO S . COUNTY COMMISSIONERS WILLIAM J. FREEMANvtember of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met in the office of the Supervisor of Elections on the 6th day of September, A. D., 1988, and proceeded to publicly canvass the votes given for the several offices and persons herein specified at the DEMOCRATIC PRIMARY Election held on the Sixth day of September, A. D., 1988, as shown by the returns on file in the office of the County Judge a~d Supervisor of Elections, respectively. We do hereby certify from said returns as follows: For United States Senator, the whole number of votes cast was 7,820 of which number PATRICIA (PAT) FRANK received 1,138 BILL GUNTER received 3,425 votes votes CLAUDE KIRK received 588 votes BUDDY MACKAY received 944 votes DAN MI CA rece i ved 1,611 votes FRED RADER received 114 votes For Representative ln Congress, 19 Congressional District, 8,188 of which number the whole number of votes cast was DANTE R A FAsr.ET.T. received 6,939 votes WESLEY FA (WES) WHT~F received 1,249 votes received votes For Representative in Congress, Congressional District, the whole number of votes cast was of which number . , received votes received votes received votes For Representative In Congress, Congressional District, the whole number of votes cast was of which number received votes received votes received votes For Representative In Congress, Congressional District, the whole number of votes cast was of which number received votes received votes received votes For Secretary of State, the whole number of votes cast was 6,082 of which number WILLIAM T. "BILL" KEY received 2,151 votes . 2,038' votes TOM R. MOORE received JIM TAFT received 1,893 votes For Treasurer, the whole number of votes cast was 6,399 of which number WALT DARTLAND received 1.728 2,228 votes KEN JENNE received votes JOHN VOGT received 2,443 votes For State Attorney, Judicial Circuit, the whole number of votes cast was of which number received votes received votes received votes For State Attorney, Judicial Circuit, the whole number of votes cast was of which number received votes I received votes received votes For Public Defender, Judicial Circuit, the whole number of votes cast was of which number received votes received votes received votes For SHERIFF the whole number , of votes cast was 8.189 of which number FRANK HATT received 1.133 votes FRANKLIN D. HERNANDEZ received 3.750 votes LAWRENCE A. MEGGS received 3.306 votes For STTPF.RVTSOR OF F.T,F.CTTONS the whole number of votes cast was 7.984 of which number PETER K. ILCHUK received 3.932 votes MERILI H. MCCOY received 4.052 votes received votes For r.OMMTSSTONF.R MOSC)TJTTO r.ONTROT . DTSTRH-:T '} the whole number of votes cast was 7.389 of which number WILLIAM HUSTON received 2.520 votes LEONARD " MIKE" WARREN received 4.'869 votes received votes For PRECINCT. 9 COMMITTEEMAN the whole number of votes cast was ')1.i1 of which number EDWARD DAVIS received 185 votes JAMES W. MURPHY received 267 votes THOMAS G. MUTTER received 64 votes For PRECINCT 9 COMMITTEEWOMAN the whole number of votes cast was 503 of which number MARY CONTI received 166 votes MELISSA D. KRABILL received 89 votes DIANE MURPHY received 248 votes For the whole number of votes cast was of which number received votes received votes received votes For the whole number of votes cast was of which number received votes received votes received votes For , the whole number of votes cast was of which number received votes received votes received votes For the whole number of votes cast was of which number I received votes received votes received votes For the whole number of votes cast was of which number received votes received votes received votes ~ WILLIAM J. FREEMAN Mem er, Boar (SUB::;) ~mmls s loners