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10/18/1988 Regular MM 152 \ \~. ~ Regular Meeting Board of County Commissioners Tuesday, October 18, 1988 Tavernier A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Elks Club in Tavernier. Present and answering to roll call were Commissioner William Freeman, Commissioner Jerry Hernandez, Jr., Commissioner Michael Puto, Commissioner John Stormont, and Mayor Eugene Lytton. Also present were Danny L. Ko1hage, 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 discussed a report on derelict vessels. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to accept the report, subject to review and approval by the County Attorney. Motion carried unanimously. Motion was made by Mayor Lytton and seconded by Commissioner Puto to appoint John Raymond to the Contractors Licensing Board in the Electrical Category. Motion carried unanimoUSly. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to appoint Barbara Larcom to the Library Advisory Board. Motion carried unanimoUSly. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to appoint Gordon Lacey to the Fine Arts Council. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to appoint Robert Smith to the Code Enforcement Board. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to appoint Virginia MacMillan to the Library Advisory Board. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to appoint Randy Strickland to the Fine Arts Council. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to appoint Ron Ferguson and Joe Leinham to the Fine Arts Council. Motion carried unani- mously. Commissioner Puto and Tom Brown, County Administrator, discussed activity concerning the Marathon Regional Service Center/County Offices/Civic Auditorium. 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 a I ~ MM 153 Preliminary Development Agreement for Regional Service Center in Marathon, by and between Jack R. Dykstra, Jack R. Dykstra, II, and Monroe County (Owners), the Department of General Servicces (Developer), and the Florida Department of Community Affairs (Department). Roll call vote was unani- mous. RESOLUTION NO. 526-1988 See Res. Book No. 70 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt Alternative #1 - the 20,000 square foot concept - for the proposed Regional Service Center. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Mayor Lytton to appoint Joey Elam, Dr. Joanne Mahoney, Howard Anderson, Dan Coddington and Alison Fahrer to the Upper Keys Trauma District Advisory Board. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Mayor Lytton to appoint Herman Stein to the Fine Arts Council. Motion carried unanimously. Commissioner Stormont discussed the Path Splash '88 Project. No action was taken. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution amending Resolution No. 501-1988 concerning transfer of funds. Motion carried unanimously. RESOLUTION NO. 527-1988 See Res. Book No. 70 which is incorporated herein by reference. Commissioner Puto discussed the potential use of Sombrero Beach and Pigeon Key by young people. No action was taken. Motion was made by Commissioner Freeman and seconded by Commissioner Hernandez to approve travel for Commissioner Puto (as the Board's appointee) on a monthly basis to meetings of the Area-Wide Council on Aging. Motion carried unanimously. Commissioner Puto discussed the fact that Pigeon Key had been nominated for inclusion on the National Register of Historic Places. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 528-1988 See Res. Book No. 70 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the appointment of Jackie Brown to the Library Board. Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve a Resolution concerning the execution of leases and agreements. Motion was withdrawn and this item was postponed for two weeks. MM 154 Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the issuance of the dock permits at the Marathon Yacht Club, subject to the affirmation and approval by the County Attorney. Roll call vote was unanimous. Mayor Lytton discussed the proposed distinction between realistic and policy level of services in amendments to the Rule concerning Concurrency. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the following items by unanimous consent: Board adopted the following Resolutions transferring funds: RESOLUTION NO. 529-1988 RESOLUTION NO. 530-1988 RESOLUTION NO. 531-1988 RESOLUTION NO. 532-1988 See Res. Book No. 70 which is incorporated herein by reference. Board approved the purchase of radio equipment and accessories for the Public Safety Division with unexpended State EMS Grant Funds, as set out in memorandum from James Paros, Assistant County Administrator, dated October 6, 1988. Board approved payment of Monroe County Tourist Development Council expenditures (Input Date 9/30/88) in the amount of $10,752.78, subject to final invoice approval by the Finance Department. Board approved payment of Monroe County Tourist Development Council expenditures (Input Date 10/4/88) in the amount of $29,589.05, subject to final invoice approval by the Finance Department. Board approved payment of Monroe County Tourist Development Council expenditures (Input Date 10/5/88) in the amount of $20,458.56, subject to final invoice approval by the Finance Department. Board approved payment of Monroe County Tourist Development Council expenditures (Input Date 10/7/88) in the amount of $50,090.69, subject to final invoice approval by the Finance Department. Board approved payment of Monroe County Tourist Development Council expenditures (Input Date 10/7/88) in the amount of $7,450.00, subject to final invoice approval by the Finance Department. Board approved request of the Public Works Division to dispose of the deteriorated Rocket Ride at Higgs Beach, Unit #0920-211, and to removal same from Inventory. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Carlos Lopez-Cantera et aI, for a 1417 square foot enclo- sure for storage and parking only on Lot 110, Port Antigua, Lower Matecumbe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-13. MM 155 Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Charles W. Causey for renovations to existing single- family structure as a non-substantial improvement (Contractor's Bid - $18,110.00> on Tract 35 of The Russell Esstate, Upper Matecumbe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-17, Panel ll17C. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of William Everson for a 717.5 square foot enclosure for storage only on Lot 24, Section D, Sugarloaf Shores, Sugarloaf Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-lO, Panel l493C. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Judd prasch for a 312 square foot enclosure for storage only on Lot 10, Block 2, Venice, 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 Sheila and Gary Skrobeck for an 800 square foot addition as a non-substantial improvement - $61,000.00 - on Lots 18 and 19, Block 1, Plantation Ridge, Plantation Key; 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 Harry A. Thomas for a 402 square foot enclosure for storage and parking only on Lot 1, Block 11, Tropical Bay Estates, Big Pine Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel l528D. Board authorized the refund of $90.00 to H.G.S. of Long Key, Inc. because contractor was mistakenly charged for trailer replacement. Board adopted the following Resolution concerning transfer of funds. RESOLUTION NO. 533-1988 See Res. Book No. 70 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 518-1988 concerning the transfer of funds. RESOLUTION NO. 534-1988 See Res. Book No. 70 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 465-1988 concerning the tranfer of funds. RESOLUTION NO. 535-1988 See Res. Book No. 70 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 500-1988 concerning the transfer of funds. RESOLUTION NO. 536-1988 See Res. Book No. 70 which is incorporated herein by reference. MM 1 56 Board adopted the following Resolution rescinding Resolutions No. 502-1988, No. 503-1988, No. 504-1988, No. 505-1988, No. 506-1988, No. 507-1988, No. 508-1988, No. 509-1988 and No. 510-1988 concerning the transfer of funds. RESOLUTION NO. 537-1988 See Res. Book No. 70 which is incorporated herein by reference. COUNTY ATTORNEY Board adopted the following Resolution authorizing the Mayor to execute an Employment Agreement by and between Monroe County and Garth C. Coller as an Assistant County Attorney. RESOLUTION NO. 538-1988 See Res. Book No. 70 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 478-1988 in order to correct a scrivener's error regarding the Amended Findings of Fact, Conclusions of Law and Order entered by John E. Bigler, Hearing Officer, con- cerning Ocean Reef Club, Inc. RESOLUTION NO. 539-1988 See Res. Book No. 70 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 422-1988 in order to request that the State rename the Marine Science and Conservation Center for Joe Allen, Jr., the former Representative of Monroe County. RESOLUTION NO. 540-1988 See Res. Book No. 70 which is incorporated herein by reference. Board adopted the following Resolution recommending that the use of aircraft for hurricane tracking be continued. RESOLUTION NO. 541-1988 See Res. Book No. 70 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Extension Services Board granted permission to advertise for bids for Boating Improvement Fund Channel Marking Projects at Waltz Key/Jewfish Basin, Big Coppitt Key. Board granted permission to advertise for bids for Boating Improvement Fund Channel Marking Projects at Upper Sugarloaf Sound/Johnston Key Pass, Sugarloaf Key. Airport Services Board approved a six-month Vehicle Lease Extension Agreement with Duncan Chrysler-Plymouth-Dodge for a 1986 Plymouth Reliant Station Wagon. MM 157 DIVISION OF MANAGEMENT SERVICES Grants Management Board adopted the following Resolution authorizing the sub- mission of a Grant Application to the Department of Natural Resources under the Florida Recreation Development Assistance Program for the Big Pine Key Outdoor Recreation Area Project, and directing execution of same by proper County authorities. RESOLUTION NO. 542-1988 See Res. Book No. 70 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Board granted permission to advertise for bids on the following items: Central Services Division 1 Full-Size Pickup Truck Public Facilities 1 Copy Machine lOne-Ton Dump Truck 1 Mini-Van Road Department 1 Full-Size Pickup Truck 2 Dump Trucks lOne-Ton Pickup w/Side Binds 1 5-8 Ton Static Roller 1 Paint Striping Machine 1 Right-Of-Way Mower Card Sound Road lOne-Ton Stake Body Dump Truck 1 Aluminum Toll Booth Canopy 1 Barrier Gate w/Arms Unincorporated Parks ~ Beaches 1 Small Pickup Truck 2 Riding Mowers 1 Generator Engineering Board authorized execution of Change Order No. 1 (Final) in the net increase amount of $2,576.00 to T. A. Forsberg, Inc. regarding the Planation Key Government Center Wastewater Treatment Plant, Pumping Station and Sanitary Sewer Collection System, and also authorized Final Payment to the contractor in the amount of $40,014.26. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. Stephens, Lynn, Klein & McNicholas, in the amount of $442.81 for professional services re Ashe v. Northwest Insurance. 2. Taylor, Brion, Buker & Greene, in the amount of $5.71, for professional services re Tom Pennekamp, et al v. Proby, Wolfe & Craig. MM 158 3. Stanford & Co., in the amount of $3,090.00, for Insurance Consulting Services for the month of September, 1988. 4. Witus, Nisonson & Madorsky, in the amount of $800.00, re Trauma Care for Gerald Weldy. 5. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, in the amount of $882.44, for professional services through 9/28/88. 6. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $40,014.26, for Final Payment 14, Change Order No. 1 for Plantation Key Waste- water Treatment Plant. 7. Victor N. DeCario & Associates, Inc., in the amount of $2,695.02, for professional services rendered 9/1/88 through 9/30/88. Board approved the request by Florida Keys Marine Sanctuary, Inc. to use Sombrero Beach from 11:00 a.m. to 8:00 p.m. on October 22, 1988 for a Boat Race/Fund-Raising Event. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Jeffrey J. Elenewski, Ph.D., in the amount of $450.00; Mental Health Center of the Lower Keys, in the amount of $350.00. COURT-APPOINTED ATTORNEYS, Michael E. Cox, in the amount of $637.50; T. Nicholas Thomes, in the amount of $739.05. OTHER EXPENSES, Photo Sonics, in the amount of $391.40; Louis J. Spallone, in the amount of $600.00; State of Florida, in the amount of $916.70; Dwight S. Wood, in the amount of $15.25; Charles L. Zacharias, in the amount of $57.20. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $454.25; Billee Jean Fase, in the amount of $688.50; Florida Keys Reporting, in the amount of $1,597.50; Leon M. Golding & Associates, Ltd., in the amount of $187.00; Richard Kupper & Associates, in the amount of $257.25; Nichols & Hardy Court Reporters, in the amount of $30.00; Vernon N. Short, in the amount of $698.00; Jill Middlemiss, in the amount of $166.80. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $275.00; Serafin Calero, in the amount of $10.00. EXPERT WITNESS FEES, David H. Allen, M.D., in the amount of $2,500.00; Behaviour Changers, Inc., in the amount of $875.00; Richard Hellmann, Ph.D., in the amount of $300.00; Mental Health Care Center of the Lower Keys, in the amount of $150.00; Tanju T. Mishara, Ph.D., in the amount of $120.00; Guillermo D. Marcovici, M.D., in the amount of $1,920.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $1,802.58; Regular Witness Fees, in the amount of $375.00. MM 1 59 Board approved the following Warrants for 1987/88 Year: GENERAL REVENUE FUND, #95937-'96461, in the amount of $3,326,912.53. ---- SUPPLEMENT TO GENERAL REVENUE FUND, #252, in the amount of $12,907.07:- FINE & FORFEITURE FUND, #745-#753 (#748 not used), in the amount of $57,114.97:--- AIRPORT OPERATION & MAINTENANCE FUND, #479, #480, #481, #489, in the amount of $33,835.07. ---- ROAD & BRIDGE FUND, #530, in the amount of $51,457.4~ - ---- MSD TAX DISTRICT, #1171, in the amount of $49,501.6S:- --- MSD - MARINE BANK (Marathon), #454, in the amount. of $55,634.49. MSD - PLEDGED FUNDS, #125-#128, in the amount of $2,120,418.05. CAPITAL PROJECTS FUND, #313-#314, in the amount of $17,534.92. CARD SOUND BRIDGE FUND, $246, #247, #250, in the amount of~895.22. ---- WORKERS COMPENSATION, #2672-#2677, in the amount of $4,311.59. TOURIST DEVELOPMENT COUNCIL, #534, in the amount of $84,027.71. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #270, in the amount of $548.28. TRANSLATOR FUND, #195, in the amount $2,036.00. 003 COMMUNITY DEVELOPMENT BLOCK GRANT, #28, in the amount of-s506.19. 310-314 FAIR SHARE IMPROVEMENT TRUST ACCOUNT, #005, in the amount of $2,095.82. 503 RISK MANAGEMENT FUND, #10, in the amount of $1,400.92:-- ---- ---- 701-711 MONROE COUNTY FIRE AND AMBULANCE LOCK BOX SERVICE, #01, in the amount of $52,810.95. ---- --- 715 MARINERS HOSPITAL SPECIAL TAX DISTRICT, #48, in the amount of $25,505.10. -- 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, #162, in the amount of $45,155.78. Board approved the following Warrants for 1988/89 Year: GENERAL REVENUE FUND, #96471-#96484, in the amount of $2,220,935.18. MM 1 60 SUPPLEMENT TO GENERAL REVENUE FUND, #253, in the amount of $135.00. -- FINE & FORFEITURE FUND, #754, in the amount of $1,243,716.08.- AIRPORT OPERATION & MAINTENANCE FUND, #490, in the amount of $6,773.05. - ---- - ROAD ~ BRIDGE FUND, t531, in the amount $13,137.06. MSD TAX DISTRICT, #1172-#1173, in the amount of $271,036.77. --- MSD - MARINE BANK (Marathon), t455, in the amount of $20,571.81. MSD - PLEDGED FUNDS, 1129-#130, in the amount of $300,000.00. LAW LIBRARY FUND, t254, in the amount of $671.49. CAPITAL PROJECTS FUND, 1315-#319, in the amount of $157,249.43. ---- $139.96. CARD SOUND BRIDGE FUND, t248, in the amount of WORKERS COMPENSATION, t2678-t2681, in the amount of $1,004.98. TOURIST DEVELOPMENT COUNCIL, t535-t536, in the amount of $18,848.00. MONROE COUNTY SELF-INSURED GROUP INSURANCE, t271, in the amount of $28.04. TRANSLATOR FUND, t196, in the amount of $34,449.11. 003 COMMUNITY DEVELOPMENT BLOCK GRANT, t29, in the amount of-s20.36. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, 1163, in the amount of $10,954.29. Board approved Minutes of the following meetings: 9/6/88 Regular Meeting, 9/20/88 Regular Meeting, 9/20/88 Budget Hearing, 9/27/88 Special Meeting, 9/27/88 Budget Hearing. Board accepted the attached Certificate of Canvassing Board for the 10/4/88 Democratic Second Primary Election. Motion carried unanimously. BULK APPROVALS Consent Agenda 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 13, Calle Uno Trailer Park, Parcels 1-19, Part Lot 4. Motion carried unanimously. RESOLUTION NO. 543-1988 See Res. Book No. 70 which is incorporated herein by reference. MM 1 6 1 Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 15, RE 92120 Acreage on Plantation Key. Motion carried unanimously. RESOLUTION NO. 544-1988 See Res. Book No. 70 which is incorporated herein by reference. 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 16, Matecumbe Sandy Beach, Lots 3 and 4, Block 2. Motion carried unanimously. RESOLUTION NO. 545-1988 See Res. Book No. 70 which is incorporated herein by reference. COUNTY ATTORNEY Report Randy Ludacer, County Attorney, advised the Board of the intervention in the Big Pine Key Road Administrative Hearing Process by 1,000 Friends of Florida. The County Attorney advised that he would be meeting with the District Engineer concerning the U.S. 1 lighting problem. Mr. Ludacer gave an up-date on the litigation con- cerning Glen vs. Monroe County, an inverse condemnation suit. He also discussed Morris vs. Craig concerning the Land Use Plan Hearings. The County Attorney discussed a letter from Judson Freeman, the County's Bond Counsel, concerning the proposed Bond Ordinance scheduled for November 15th. MANAGER OF MUNICIPAL SERVICES (WASTE) Report Charles Aguero, MSD Manager, addressed the Board concerning his atendance at a Recycling Conference. Commissioner Hernandez complimented Mr. Aguero and Dent Pierce, Assistant County Administrator/Public Works, for their work with the Sway Cars throughout Monroe County. Motion was made by Mayor Lytton and seconded by Commissioner Freeman to approve the purchase of a Knuckle Boom Crane for loading pit burner from Petersen Industrial Machines, Inc. in the amount of $23,265.00. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Airport Services Peter Horton, Assistant County Administrator, discussed the previous approval of Agenda Item F-6 and requested authorization to purchase the vehicle if the lease MM 162 could not be extended. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to amend the Board's previous action to allow for the purchase of the vehicle for Mr. Skelly, Airport Manager, at a cost of approximately $4,900.00, if the lease cannot be extended. Motion carried unanimously. Library Services Mr. Horton discussed the ownership by the County of certain Mario Sanchez wood carvings being held at the Monroe County Library. He advised that the Library Advisory Board wanted to proceed as follows: 1. Enter into an Agreement to place the carvings on loan to East Martello Towers for sixty days. 2. That the County proceed to sell the wood carvings to the highest bidder with the proceeds being used for expansion of the Library, with the best bid being the highest bid over the appraised value. After discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman authorizing Mr. Horton to prepare an Agreement with East Martello Towers for display of the Mario Sanchez Wood Carvings. Motion carried unanimously. Airport Services The Assistant County Administrator and the Board proceeded to a discussion of the report concerning Airport Hangar Leases. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to postpone this matter to the Key West meeting on November 15th. 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 Mayor Lytton discussed the new "Add-On" procedure developed by the County Administrator. He indicated that all items on the "Add-On Supplementary Agenda" would be read to the public prior to the meeting. DIVISION OF GROWTH MANAGEMENT Planning Department Donald Craig, Assistant County Administrator, discussed a Live-Aboard Boat Study. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor/ Chairman of the Board to execute a Sponsored Research Agreement for Matching Funds by and between Monroe County and the University of Florida concerning the survey of live- aboards. MM 163 RESOLUTION NO. 546-1988 See Res. Book No. 70 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No Yes Yes Yes Motion carried. COMMISSIONERS' ITEMS At this time, Mayor Lytton recognized Mr. and Mrs. Harry Knight, who were in the audience. DIVISION OF GROWTH MANAGEMENT Planning Department Tom Brown, County Administrator, discussed a response to a letter from Milt Mravic of the Monroe County Planning Commission concerning the recent cancellation of Public Hearings before the Planning Commission. No action was taken. MISCELLANEOUS Harry Knight, Tax Collector, presented his Annual Report and Excess Fees totaling $860,855.16. Mr. Knight discussed efforts to relocate the Tag Office and the receipt of petitions from the female employees of the Courthouse concerning the condition of the Ladies' Restroom. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the Annual Report of the Tax Collector and the distribution of Excess Fees. Motion carried unanimously with Commissioner Hernandez not present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to transfer any additional funds over and above the anticipated $700,000.00 and $75,000.00 allocated to the Fine Arts Council to the Capital Projects Fund for improvements including the refurbishment of the restrooms at the Courthouse. Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Puto to transfer $75,000.00 from Contingency to be added to the appropriation for the Fine Arts Council, with the amount to be replaced in Contingency at the time of an appropriate Budget amendment later in the year; said $75,000.00 to be used by the Fine Arts Council for the purposes of creating programs only. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Planning Department Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the calendar for the Second Round Amendments to the Text and Maps of the Land Use Regulations as set out in Mr. Craig's memorandum to the Board dated october 7th. Motion carried unanimously. Mr. Craig and Mayor Lytton discussed a new proposed Rule concerning Monroe County Land Development Regulations. MM 1f)4 , \ \ \ \ , , Motion was made by Commissioner Puto and secqnded by Commissioner Freeman to adopt the following ~solution. Motion carried unanimously. '-/ RESOLUTION NO. 547-1988 See Res. Book No. 70 which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the transfer of a County Vehicle Lease of a 1987 Ford Crown Victoria from the County Attorney to the Information Systems Department. Motion carried unanimously. DIVISION OF PUBLIC WORKS Dent Pierce, Assisant County Administrator, briefly discussed a report that he was preparing concerning the maintenance and improvement of County bike paths. Consulting Engineer Bob Harris of Post, Buckley, Schuh & Jernigan advised of the continuing work on Venetian Shores Boulevard and the fact that the Card Sound Bridge project to raise Card Sound Road was going through the re-permitting process. Engineering Mr. Pierce addressed the Board and advised that it was his recommendation that the Public Works Division be allowed to proceed with the construction of the bike path along Aviation Boulevard and that the Division could do the work for approximately $100,000.00, representing a savings over the estimated contracted construction costs. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the Public Works Division to proceed with the construcction of the bike path along Aviation Boulevard in the amount of approximately $100,000.00. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed ceremo- nies and the placement of a plaque at the Louis Carbonell Teen Center. This matter was referred to Commissioner Freeman. After discussion, a tentative date was set for October 28th at 9:30 a.m. at the Teen Center. Mr. Brown advised that the Third Floor of the Jail would be occupied within the week and that work on the Second Floor would be accomplished within three weeks. The County Administrator advised of receipt of a notice from the Court Administrator that additional courtroom space was required at Plantation Key and that an alternative existed whereby the existing courtroom could be divided into two floors. Mr. Brown also advised that the TDC would be con- sidering the request for funding of the Beach Cleaning Program at their meeting tomorrow. The County Administrator informed the Board that the Florida Keys Aqueduct Authority would be meeting to ( I MM 165 I / review the Boar ".s/request concerning the acquisition of property in Ma athon. Mr. Bibwn also informed the Board that the TOC Contract Committee was working on the procedure by which they would solicit proposals for a new contract for admi- nistrative and other services. "....-- The County Administrator advised that a new Commission would be sworn in at 9:00 a.m. in Courtroom "B" in Key West and that the balance would have to be re- scheduled. After discussion, it was determined that the balance of the meeting would be held at 310 Fleming Street. Mr. Brown discussed the use of school crossing guards and the fact that the Grace Lutheran area was not being covered due to insufficient manpower and a problem with covering those guards who are not able to serve due to illness or other problems. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to request the Sheriff to provide guards at the Grace Lutheran area on an interim basis and also to fill in for any guards who were unable to be at their post due to illness or for other reasons. Motion carried unanimously. The County Administrator and the County Attorney discussed the situation concerning the Marathon Chamber of Commerce Lease with Monroe County. No action was taken. Mr. Brown discussed the receipt of proposals for the Correction System Master Plan. He advised that the Committee had proposed a Short List consisting of the following firms: Institute for Law and Policy Planning Rosser Fabrap International Hansen Lind Meyer Gonzalez and Taylor Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve the Short List of proposals for the Correction System Master Plan and to schedule pre- sentations before the Board of County Commissioners on November 1st in Marathon. Roll call vote was unanimous. AWARD OF BIDS -- The Board was advised of receipt of the following bids for the Cudjoe Key Roads I Project: The Brewer Co. of Florida, Inc. General Asphalt Co., Inc. $197,306.60 $239,650.50 After discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommen- dation of Staff to exclude Item No. 2 in the bid and award to the low bidder, The Brewer Co. of Florida, Inc., in the reduced amount of $157,300.60. Motion carried unanimously. The Board was advised of receipt of the following bids for the Cudjoe Gardens, Cudjoe Key Property: Lot 12 Dwight Skidmore Terry Buchanan $14,500 $20,100 MM 166 Lot 14 Dwight Skidmore Terry Buchanan Ronald Sawyer $15,500 $20,700 $25,005 Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to reject all bids and authorize the County Administrator to readvertise. Motion carried unani- mously. SOUNDING BOARD The following individuals addressed the Board con- cerning blasting and dredging activity at Blue Waters Rock Pit, Tavernier: William Vaught, Denise Nedimyer, John Donahue, Chip Burch, Frank Hosler, Louis Ervin, Rob Lesser, Ronnie Gillman of Upper Keys Marine Construction, Sharon Stewart, Clarence Lynn. Bob Harris, Consulting Engineer, and Assistant County Administrator Don Craig discussed the situation. The Board took no action. PUBLIC HEARINGS Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to delay the Public Hearing regarding the Hazen and Sawyer Report scheduled for 3:00 p.m. until after consideration of the next item. Motion carried unanimously with Commissioner Freeman not present. SOUNDING BOARD B. W. West, representing Sunland Estates and C. F. Alfonso, addressed the Board. After considerable discussion, no action was taken by the Board. PUBLIC HEARINGS Mr. Robinson of Hazen and Sawyer addressed the Board concerning a Landfill Siting and Recycling Interim Report. Motion was made by Commissioner Puto and seconded by Mayor Lytton to authorize Charles Aguero, MSD Manager, to solicit two appraisals of the Crawl Key and Carysfort possible locations for landfill sites at a cost of approxi- mately $3,000.00 to $5,000.00 per appraisal. Motion carried unanimously with Commissioner Freeman absent from the meeting. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to set 40% as a recycling goal for Monroe County. Motion carried unanimously with Commissioner Freeman not present. The following persons addressed the Board: Frank Ostrander, Dagny Johnson of the Upper Keys Citizens Association, and Fred Tittle. DIVISION OF GROWTH MANAGEMENT Building Department Andy Tobin, attorney representing Egan Adams, addressed the Board concerning the denial of Mr. Adams' Application for Variance to the Flood Hazard Ordinance for the construction of a 2080 square foot ccommercial building below the 100-Year Flood Elevation on Lots 47, 48, 49 and 50, Block 14, Lake Surprise Estates, Key Largo. Bob Herman, Deputy Director, discussed this matter. Motion was made by Commissioner Hernandez to overturn the decision of the Building Department and grant approval for Mr. Adams to build. During discussion, motion was withdrawn. After further discussion, motion was made by Commissioner I ) 'I MM 167 . 1 Hernandez to overtutn the decision of the Building Department and grant approval for Mr. Adams to build. Motion died for lack of a second. Motion was made by Commissioner Stormont and seconded by Mayor Lytton to uphold Staff's decision for the denial of the Application for Variance to the Flood Hazard Ordinance of Egan Adams. Roll call vote was taken with the following results: ,.--. Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes Yes Yes Motion carried with Commissioner Freeman not present. There being no further business, the meeting was adjourned. * * * * * ----- '\ ::' CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA MONROE , COUNTY BILL GUNTER received BUDDY MACKAY received We, the undersigned, SANDRA TAYLOR County Judge, MIKE PUTO , Supervisor of Elections, and 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 4th day of October, A. D., 1988, and proceeded to publicly canvass the votes given for the several offices and persons herein specified at the DEMOCRATIC SECOND PRIMARY Election held on the Fourth day of October, A. D., 1988, as shown by the returns on file in the office of the County Judge and Supervisor of Elections, respectively. We hereby certify from said returns as follows: For United States Senator, the whole number of votes cast was 6844 of which number 3423 3421 votes votes For Representative in Congress, the whole number of votes cast was received received Congressional District, of which number votes , votes TOM R. MOORE JIM TAFT For Secretary of State, the whole number of votes cast was 5610 of which number 2910 2700 votes votes KEN JENNE JOHN VOGT For Treasurer, the whole number of votes cast was 5790 2977 2813 For Member of the House of Representatives, the whole number of votes cast was received received of which number votes votes House District, of which number votes votes " For Member of the House of Representatives, House DisLric, the whole number of votes cast was of which number received votes received votes For Member of the House of Representatives, House D is t r i c t , the whole number of votes cast was of which number received votes received votes For the whole number of votes cast was of which number received votes For SHERIFF the whole number of votes cast was 7293 of which number FRANKLIN D. HERNANDEZ received 4173 votes LAWRENCE A. MEGGS received 3120 votes For the whole number of votes cast was of which number received votes received votes For the whole number of votes cast was of which number received votes received votes For the whole number of votes cast was of which number received votes received votes SANDRA TAYL COUNTY , //7 \ // MIKE PUTa y:/j7 / /' ,_ / //..t7.J .... ,/ ~ . /".- ~SUBSTITUTE) _7~~ERS ./?~~ ,,(;. {U~ .... CERT~FICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA MONROE COUNTY I ; We, the undersigned, SANDRA TAYLOR, County Judge, Mike Puto Substitute Member, Board of County Commissioners and WILLIAM J. FREEMAN, Member of the Board of County Commissioners, constituting the Board of County Canvassers in the for said County, do hereby certify that we met in the office of the Supervisor of Elections on the 4th day of October, A.D., 1988, and proceeded to publicly canvass the votes given in the City of Key West Special Referendum held on the 4th day of October, 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: QUESTION "Shall the Key West City Commission be authorized to issue bonds not exceeding $3,000.000, bearing legal interest as determined upon sale, maturing within thirty years, to assist state and/or county agencies in acquiring environmentally sensi- tive "salt ponds" land within the City at cost not exceeding appraised value, the principal and interest payable from special ad valorem taxes levied on all taxable property in the City, at a rate not exceeding one-quarter mill per annum?" THE WHOL NUMBER OF VOTES CAST WAS 4499 OF WHICH NUMBER YES 2014 NO 2485 / / ,~ :i~ MIKE PUTO.:-~ . I /i.- t~ MEMBER OF THE BOARD OF COUNTY COMMISSIONERS (SUBSTITUTE) ~~Jb~~~~ MEMBER OF THE ~BOARD OF COUNTY COMMISSIONERS