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12/06/1988 Regular NN 024 Regular Meeting Board of County Commissioners Tuesday, December 6, 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 Wilhelmina Harvey, Commissioner Douglas Jones, Commissioner Eugene Lytton, Commissioner John Stormont, and Mayor Michael Puto. Also present were Danny L. Kolhage, Clerk1 Randy Ludacer, County AttorneY1 Tom Brown, County Administrator1 County Staff1 members of the Press and Radio1 and the general public. All stood for the Invocation and the Pledge of Allegiance. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Mayor "Mickey" Feiner addressed the Board con- cerning a letter from the Tourist Development Council requesting a six months' extension on the Administrative and Mail Fulfillment Contracts with Keys Advertising and Marketing and asked the Board to also consider the following: 1. Mail Fulfillment Contract Adjust this Contract to the increase proposed when this Contract was originally submitted in 4/1/88. The monthly increase I am asking for is $805.00 per month, retroactive to 4/1/88. In addition to this, an hourly rate increase from $5.00 to $7.00 per hour for employees working extended hours. 2. Administrative Contract This Contract would have terminated on 10/1/88. The TOC is asking the County Commission to provide increases comparable to what county employees were given for the current fiscal year. 4 employees @ $1,035.00 each cost-of-living increase - $4,140.00 Total. 4 employees' merit increases based on 4% of total annualized salaries - $3,726.00 Total. In addition, as of 10/1/88, a monthly increase of $350.00 for rent that would have been absorbed had the original contract been finalized. Total rental to 6/1/89 - $2,800.00. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Lytton to continue both Contracts on a month-to-month basis with no financial changes, with any future Contract to be modified retro- actively to October 1, 1988 if Keys Advertising is the suc- cessful bidder and with an effective date of April 1st for a NN 025 new Contract and to include the rent increases as requested. During discussion, motion was withdrawn. Motion was then made by Commissioner Stormont and seconded by Commissioner Jones to continue the Contracts to April 1st with no changes, with the exception of approval of a rent increase as requested from October 1st to April 1st. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Lytton authorizing the pay increases as requested to be incorporated into the new Contract, retroactive to October 1st, extending to April 1st, and that those pay increases be consistent with other County employees. During discussion, motion was made by Commissioner Harvey and seconded by Commissioner Stormont to amend the foregoing motion to include the requested increase of $5.00 to $7.00 for overtime payment in the Mail Fulfillment Contract. Roll call vote on the amendment was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. Roll call vote on the original motion as amended was unanimous. After further discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones directing the County Administrator to submit a bid for the County to perform both of the Contracts. Roll call vote was unanimous. Motion was then made by Commissioner Stormont and seconded by Commissioner Jones directing that the advertisement due date for the receipt of bids be January 30th; that the bids be opened by a committee con- sisting of the Chairman of the Tourist Development Council, the County Administrator, the County Clerk, and the County Attorney; and that the bids be presented to the Tourist Development Council for review and ranking and recommen- dation to the Board. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton directing that the Contracts be awarded by April 1st. Roll call vote was unanimous. Mayor Puto appointed the Commissioners to various committees as set out below: Commissioner Harvey Florida Beach and Shore Advisory Committee and Monroe County Property Appraisal Adjustment Board South Florida Regional Planning Council Commissioner Jones Commissioner Lytton National Association of Counties ~.., Commissioner Lytton discussed the Jail Cap Committee meetings and indicated that it was a desire of the rest of the Committee that a member of the County Commission be present at all meetings. Commissioner Stormont requested that he be reappointed to his position in the State Association of County Commissioners and that he be appointed to the Florida Keys Resource Planning Council. This matter was continued to December 20th. Motion was made by Mayor Puto and seconded by NN 026 Commissioner Harvey to appoint Marge Van Natta of Islamorada to replace Harry Galloway who resigned. Motion carried una- nimously. During discussion, motion was made by Commissioner Stormont to appoint Laurie Scanlon to replace Neil Boyce inasmuch as Mr. Boyce failed to meet the qualifi- cations for membership under the Florida Statutes. Mr. Boyce discussed this matter. The motion was withdrawn and Mr. Boyce was asked to produce information that would pro- vide that he is satisfying the requirement of being an owner or operator of a tourist accommodation facility. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to appoint Diane R. Dean to the Florida Keys Council for the Handicapped. Motion carried unanimously. Commissioner Stormont discussed proposals for the next Legislative Session as follows: 1. Regulation of local waters relative to boating accidents, etc. 2. Ability to use TDC funds to support infrastructure. 3. Solid waste district. 4. Funding school crossing guards from fines. 5. School nursing program through HRS. Commissioner Lytton offered the following proposals: 1. Increasing the Mayor's allowance to $100.00 per month. 2. Recreational legislation concerning the proposal to restrict the operation of outboard motorboats. Commissioner Harvey discussed the funding of mandates and a 3% cap on homestead assessments. Tom Brown, County Administrator, presented the following: 1. Establish a Florida Keys Comprehensive Transportation Task Force to prepare a comprehensive corridor analysis of u.S. Highway #1 and provide for adequate funding for all attendant costs of said study. 2. Establish a Metropolitan Solid Waste Authority to consolidate solid waste disposal programs for Dade, Broward and Monroe Counties with the appropriate tax levying authority. 3. Establish a State-wide surcharge on plastic and glass containers to assist in funding mandated recycling programs. 4. Revise S. 373.073 F.S. to require that one member of the South Florida Water Management District be a Monroe County Commissioner. NN . 027 5. Amend current Department of Environmental Regulation regulations to require that all package sewage plants in Monroe County provide tertiary waste water treatment/removal of phosphates and nitrates. 6. Provide legislation prohibiting the sale of detergents, soaps and cleansers in Monroe County that contain phosphates or nitrates. 7. Relax the restrictions upon existing waterway/channel maintenance dredging in the Florida Keys. 8. Increase boat registration fees by $lO.OO/year for funding the following projects: A. Construction, placement and maintenance of channel markers. B. Provide permanent off-shore (reef) mooring buoys. C. Provide for harbor moorings, wastewater pump-out, solid waste disposal, support amenities and management facilities at selected Monroe County anchorages. D. Expand the Monroe County Florida Marine Patrol organization and operation. 9. Amend Tourist Development Council legislation to permit acquisition and development of appropriate beach-front and recreational lands and facilities. 10. Provide legislation imposing a 1.5% real estate transfer tax on the sale of all real estate1 funds so generated to be used for infrastructure maintenance and improvements. 11. Provide additional funding to support the Monroe County Land Authority legislative mandates ($5.0 Million/ year) and for acquisition of critical Key Deer habitat areas in Big pine Key ($10.0 Million). 12. Provide for extending the Florida Turnpike System from its present terminus at Florida City to a u.s. Highway #1 intersecting point on Key Largo. 13. Provide legislation to amend the Monroe County solid waste disposal facility height restrictions upward to 85 feet. 14. Revise S. 162.06(2) F.S. to provide for the issuance of a single notice of Code 028 NN violations that requires the violator's appearance before the Code Enforcement Board within a specific period of time unless the discrepancy has been corrected. Under the existing legislation, Board approval must be obtained in order to submit a Notice To Appear, adding about thirty days to the Code Enforcement process. 15. Revise S. 162.12 F.S.(l) to permit noticing alleged violators by regular mail versus certified mail. 16. Revise s. 162.05(3) to permit compensating Code Enforcement Board members for their time, in a degree and manner similar to that provided members of the Planning Commission. 17. Revise s. 162.09(3) to remove restriction that prohibits foreclosure on real property which is a homestead under S.4, Art. X of the State Constitution. 18. Prohibit new State mandates without identifying a revenue source to pay the attendant costs. 19. Provide for revision of D.C.A.'s scoring formula for awarding Community Development Block Grants in a more equitable manner. 20. Establish a discretionary surcharge on the Documentary stamp Tax with the proceeds going to an Affordable Housing Trust Fund. 21. Provide additional revenue sources for construction of new affordable housing units. 22. Revise Tourist Development Council legislation to permit more flexibility in expending funds for "bricks and mortar" projects. 23. Modify the formula for appropriating funds for AIDS prevention and service projects to recognize that the rate of infection is at least as important as the total aggregate number of cases. 24. Provide additional state funds to support operational expenses mandated by the solid waste recycle program. 25. Establish legislation to provide for the regulation of all municipal utilities by the Public Service Commission. 26. Revise Tourist Impact Tax legislation to permit bonding of revenues. NN 029 Representative Ron Saunders addressed the Board concerning the foregoing proposals and items that he would be addressing in the 1989 Legislature. Commissioner Jones discussed a letter from DCA Secretary Pelham requesting that he sponsor legislation that would re-enact the 1979 principles For Guiding Development and place them in Florida Statutes 380. He asked that any changes to this request be forwarded to him by January 6, 1989. Commissioner Lytton discussed the inclusion of the 1979 Principles in Florida Statutes 380. Representative Saunders discussed solid waste management and possible changes to the Tourist Development funding. He closed his comments by requesting that any request for legislation or funding be forwarded to him by February 6th. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the following 1989 Six-Month Commission Meeting Schedule: January 3 January 17 February 7 February 21 March 7 March 21 April 4 April 18 May 2 May 16 June 6 June 20 Key West* Plantation Key* Marathon* Key West Courtroom "B" Plantation Key Govt. Ctr. Marathon* Key West Courtroom "B" Plantation Key* Marathon SubCourthouse Key West Courtroom "B" Plantation Key Govt. Ctr. Marathon* *Indicates area only - location to be announced Roll call vote was unanimous. Commissioner Stormont discussed the 1989 budgetary considerations and economy of action regarding travel and meeting/conference attendance by Commissioners and Staff. The County Administrator was requested to schedule a Budget Workshop session for the Board some time in January. Motion was made by Commissioner Harvey and seconded by Commissioner Lytton to adopt the following Resolution supporting a "Homestead Valuation Limitation" Constitutional Amendment. Motion carried unanimously. RESOLUTION NO. 643-1988 See Res. Book No. 71 which is incorporated herein by reference. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the following items by unanimous consent: Board approved payment of Tourist Development Council expen- ditures (Input Date 11/14/88) in the amount of $10,060.58, subject to final invoice approval by the Finance Department. NN 030 Board approved payment of Tourist Development Council expen- ditures (Input Date 11/14/88) in the amount of $40,023.30, subject to final invoice approval by the Finance Department. Board adopted the following Resolutions concerning receipt of unanticipated funds: RESOLUTION NO. 644-1988 RESOLUTION NO. 645-1988 RESOLUTION NO. 646-1988 RESOLUTION NO. 647-1988 RESOLUTION NO. 648-1988 RESOLUTION NO. 649-1988 RESOLUTION NO. 650-1988 RESOLUTION NO. 651-1988 RESOLUTION NO. 652-1988 See Res. Book No. 71 which is incorporated herein by reference. Board adopted the following Resolutions transferring funds: RESOLUTION NO. 653-1988 RESOLUTION NO. 654-1988 RESOLUTION NO. 655-1988 RESOLUTION NO. 656-1988 RESOLUTION NO. 657-1988 See Res. Book No. 71 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 565-1988 concerning the transfer of funds: RESOLUTION NO. 658-1988 See Res. Book No. 71 which is incorporated herein by reference. Board authorized removal of the following items from the Airport Property Inventory and granted permission to adver- tise same for bids: Marathon Airport 2400-001 2400-014 2400-026 Wind Tee Mower Mower Key West Airport 2401-003 2401-011 2401-148 2401-181 2401-192 Executive Chair Floor Scrubber Adding Machine Vacuum Cleaner Mower Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Charles T. Bush for the placement of a 200 square foot shed at grade, valued at $2,395.00, on Lot 28, Block 6, pine Channel Estates, Section 2, Big Pine Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 1536C. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Charles Cobb for the placement of a 200 square foot shed at grade, valued at $1,095.00, on Lot 34, Block 21, Cutthroat Harbor Estates, Cudjoe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 1511D. Board approved, per Staff conditions and recommendations, NN 031 the Application for Variance to the Flood Hazard Ordinance of Robert Collins for an 1140 square foot enclosure for storage and parking only under the proposed single-family residence on Parcel 17 of Government Lot 1, Summerland Key Cove, 6th Addition, Summerland Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 1514C. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of William T. Collins for an additional 280 square foot enclosure below single-family residence, 280 square feet existing for storage only, on Lot 55, Block 19, Breezeswept Beach Estates, Little Torch Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 1519C. Board approved, per Staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of William Wetzel for an additional 240 square foot enclo- sure below the single-family residence, in addition to 298 square feet for storage only, on Lot 2, Block 4, Mate's Beach, Plat 16, Little Torch Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-IO, Panel 15170. Board authorized payment of refundable bond of $250.00 to Wilhelmina Harvey for removal of political signs. Board adopted the following Resolutions concerning receipt of unanticipated funds: RESOLUTION NO. 659-1988 RESOLUTION NO. 660-1988 See Res. Book No. 71 which is incorporated herein by reference. Board adopted the following Resolution concerning transfer of funds. RESOLUTION NO. 661-1988 See Res. Book No. 71 which is incorporated herein by reference. Board adopted the following Resolution reaffirming the appointments to the Monroe County Housing Finance authority. RESOLUTION NO. 662-1988 See Res. Book No. 71 which is incorporated herein by reference. COUNTY ATTORNEY Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement between the Board of County Commissioners and Aids Help, Inc. con- cerning funding for Fiscal Year 1988-89. RESOLUTION NO. 663-1988 See Res. Book No. 71 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement between the Board of County Commissioners and the Domestic Abuse Shelter, Inc. concerning funding for Fiscal Year 1988-89. RESOLUTION NO. 664-1988 See Res. Book No. 71 which is incorporated herein by reference. NN- 032 Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement between the Board of County Commissioners and the Handicapped Job Placement Council of the Florida Keys, Inc. concerning funding for Fiscal Year 1988-89. RESOLUTION NO. 665-1988 See Res. Book No. 71 which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES Board approved Final Payment to the City of Key West for the Simonton Street Beach Boating Improvement Fund Project. Risk Management Board granted approval to bill Departments and Agencies for their entire Risk Management Budget amounts and transfer the total 188/89 revnue into the Risk Management Fund in advance. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. Stephens, Lynn, Klein & McNicholas, in the amount of $127.50, for professional services re Ashe v. Northwest Insurance. 2. John E. Bigler, Jr., in the amount of $562.50, for professional services rendered re Vested Rights Hearing - Key Colony Beach Club, Inc. 3. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $10,635.56, for payment of the Road Invoice for the month of October, 1988. 4. WPS Development, Inc., in the amount of $14,256.00, in Final Payment for Infoter software for the Geographic Information System. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Jeffrey J. Elenewski, Ph.D., in the amount of $200.001 Richard Hellmann, Ph.D., in the amount of $150.001 Guillermo D. Marcovici, M.D., in the amount of $600.001 Ronald T. Markby, M.D., in the amount of $250.001 Mental Health Care Center of the Lower Keys, Inc., in the amount of $100.001 A. Louis O'Connor, Ph.D., in the amount of $200.001 Oren D. Winderman, Ph.D., in the amount of $712.50. COURT-APPOINTED ATTORNEYS, Michael T. Cox, in the amount of $2,506.751 Jeff Hall, in the amount of $711.501 James Pilafian, in the amount of $2,000.001 T. Nicholas Thomes, in the amount of $1,398.25. $473.00. OTHER EXPENSES, State of Florida, in the amount of COURT REPORTER SERVICES, A. J. Reporting Services, in the amount of $737.501 Associated Court Reporters, in the NN'033 amount of $1,879.007 Florida Keys Reporting, in the amount of $250.007 Laws Reporting, Inc., in the amount of $133.357 Nancy J. Ma1eske, in the amount of $3,928.50. COURT INTERPRETER SERVICES, Serafin Calero, in the amount of $15.007 Juan Borges, in the amount of $170.007 Manuel Marcial, in the amount of $65.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $847.407 Regular Witness Fees, in the amount of $320.00. Board approved the following Warrants: GENERAL REVENUE FUND, #98397-#99374, in the amount of $2,805,631.72. GENERAL REVENUE FUND, Marine Bank, Rental Rehab Fund, #10, in the amount of $2,000.00. SUPPLEMENT TO GENERAL REVENUE FUND, #258-#259, in the amount of $62,49~11. ---- FINE & FORFEITURE FUND, #767-#771, in the amount of $20,548.3r:-- - ---- AIRPORT OPERATION & MAINTENANCE FUND, #496-'499, in the amount of $81,473.59. - ---- ROAD & BRIDGE FUND, #536-.537, in the amount of $222,519.~ - ---- MSD TAX DISTRICT, #1177-#1187, in the amount of $382,857.86. --- MSD - MARINE BANK (Marathon), #462-'464, in the amount of~05,858.16.---- MSD - PLEDGED FUNDS, '132-#134, in the amount of $555,000.00. LAW LIBRARY FUND, '258-#259, in the amount of $1,951.69:-- ---- CAPITAL PROJECTS FUND, #324-#327, in the amount of $91,381.65. CARD SOUND BRIDGE FUND, #253-#254, in the amount of $15,108.5~ ---- WORKERS COMPENSATION, #2700-#2713, in the amount of $127,551.54. TOURIST DEVELOPMENT COUNCIL, #542-#544, in the amount of $158,339.51. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #276- #280, in the amount of $287,717.67. TRANSLATOR FUND, #201-#202, in the amount of $14,536.49. ---- 003 COMMUNITY DEVELOPMENT BLOCK GRANT, #35, in the amount of $85,500.00. 503 RISK MANAGEMENT FUND, #16-'17, in the amount of $4,948.60. NN .034 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, #167-1168, in the amount of $226,148.14.- Board accepted the attached Certificates of the County Canvassing Board for the General Election and the Nonpartisan Election held on November 8, 1988. Board approved and authorized execution of an Investment Advisory Agreement by and between Monroe County and Public Financial Management, Inc. in connection with the investment of the proceeds of the 1988 Improvement Bond Issue recently approved by the Board. Board approved and authorized execution of acceptance of Bond in the sum of $2,000.00 for Commissioner Harvey. Motion carried unanimously. SOUNDING BOARD Reverend Bruce Porter discussed bar closing hours. COMMISSIONERS' ITEMS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to authorize the adver- tisement for three Public Hearings of a proposed Ordinance amending Ordinance 2.1-2 of the Monroe County Code of Ordinances to establish hours of sale of alcoholic beverages within Unincorporated Monroe County~ establishing penalties~ etc. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto No Yes Yes Yes Yes Motion carried. SOUNDING BOARD Nicholas Mulik, President of the Florida Keys Bar Association, addressed the Board concerning the need for additional courtroom facilities at Plantation Key. Judge Jeff Overby also addressed the Board concerning this need. After discussion, the matter was referred to the County Administrator to investigate the possibility of the use of portable facilities. The County Administrator was also directed to schedule a Special Meeting for Capital Improvements. Frank Merklein and Tom Colton addressed the Board concerning a non-exclusive cable franchise from Monroe Cinema Cable Company. No action was taken. James McElroy, President of the Monroe County Condominium Association, addressed the Board and requested the rescission of the Board's decision on November 22nd con- cerning the establishment of garbage rates. Bob Ernst of the Florida Keys Citizens Coalition addressed the Board and supported Mr. McElroy's request. Prudence Fleming of the League of Women Voters also supported the request. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to reconsider the Board's previous action establishing garbage rates for 1988-89. Fred Tittle, Charles Aguero, Randy Ludacer, and the Clerk addressed the NN Board. Mr. Tittle tendered for the record his interpreta- tion that if the motion passed, no Ordinance would be in effect. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto No Yes Yes Yes Yes Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt, subject to further confirmation of rates per Section 8-19 of the Code, the following Ordinance establishing special assessments and service charges for garbage collection rates for Residential and Commercial collection service from January 1, 1989 through December 31, 1989: providing for severability: pro- viding for repeal of all Ordinances or parts of Ordinances in conflict herewith: and providing an effective date. .w: ORDINANCE NO. 057-1988 See Ord. Book No. 19 which is incorporated herein by reference. During discussion, the County Attorney advised the Board that in his opinion, both the special assessments and the service charges could be changed subsequent to this action. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. Motion was made by Commissioner Jones and seconded by Commissioner Lytton directing the County Administrator to prepare an RFP for a Rates study, the cost of which is not to exceed $35,000.00. Fred Tittle, Bob Ernst and Jim McElroy addressed the Board. Roll call vote was unanimous. COMMISSIONERS' ITEMS Motion was made by Commissioner Harvey and seconded by Commissioner Jones to appoint Elaine Edwards Matheu to the Florida Keys Council for Handicapped. Motion carried unanimously. BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals to consider an appeal by Denzil G. Fike regarding the imposition of Impact Fees and Building Permit Renewal Fees for Permit No. 14488 on property located on Lot 26, Block 2, Cudjoe Ocean Shores. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Harvey to accept the Staff's recommendation to waive the Impact Fees and Permit Renewal Fees for the property located on Block 2, Lot 26, Cudjoe Ocean Shores - Denzil G. Fike. 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. * * * * * 035 f f" ~~ ~r ~~ . j) (9 -(9 f ~ ~r. $~ ~ 0 ~ ~ ~8l t~ ~ ~L ~f I t1 ~~ , NN-- 036 DISTRICT II LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT --- BOARD OF GOVERNORS The Board of Governors of District 11 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Hal Halenza, Eugene Lytton, Russ Radom, John Stormont and Chairman Michael Puto. Fire and Rescue Motion was made by Commissioner Lytton and seconded by Commissioner Radom to waive the competitive bid require- ment of the County's Purchasing policies for the purchase of a new cab and chassis for the refurbishment of the Marathon tanker vehicle. Roll call vote was unanimous. Reggie paros, Assistant County Administrator/Public Safety, discussed the Agreements with the Volunteers for expenses and requested an extension of ninety days. Motion was made by Commissioner Radom and seconded by Commissioner Lytton to extend the Contracts with the Volunteers for the reimbursement of expenses for ninety days beyond the expira- tion date which would carry it through the end of December. Roll call vote was unanimous. There being no further business, the meeting of the Board of Governors of District #1 was adjourned. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. DIVISION OF GROWTH MANAGEMENT Don Craig, Assistant County Administrator, discussed the Dispatch Creek project. Fred Tittle, attorney representing certain property owners in Ocean Reef, addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to postpone this matter to the December 20th meeting. Motion carried unanimously. COUNTY ATTORNEY Randy Ludacer, County Attorney, advised the Board that an Order had been issued in the New Port Largo suit dismissing all counts except for one. The County Attorney discussed the judgment in the case of Threlkeld, et al vs. Monroe County concerning the "Bed and Breakfast" situation. He advised the Board that he had filed an appeal, pending their policy direction as to whether or not the County wished to pursue the appeal. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey directing the County Attorney not to pursue the appeal and to refer the matter to the Planning Commission for recommendations to the Board concerning whether the County should permit or prohibit Bed and Breakfast operations and any possible regulations which should apply. Dagny Johnson of the Upper Keys Citizens Association addressed the Board. Roll call vote was taken with the following results: -NN:>37 Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. - Mr. Ludacer advised the Board that the Big Pine Road trial was set for December 14th and that he was seeking direction from the Board as to the possible settlement of the suit in accordance with the terms proposed by DCA. Maria Abadal addressed the Board. During discussion, Commissioner Lytton asked to have placed in the record the fact that the proposed Settlement Agreement provided in part that "It is agreed by the parties that Big pine Key Access Road will become part of the traffic element of the County's Comprehensive Plan." After extensive discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to accept the proposed settlement with DCA concerning the Big Pine Road litigation. Roll call vote was unanimous. The County Attorney advised the Board that he was in receipt of an Attorney General's Opinion which held that expenses for lobbying activities were authorized for County expenditures. Mr. Ludacer discussed a letter from the Code Enforcement Board and B. G. Carter advising of the selection by the Code Enforcement Board of David Kirwan to serve as their attorney. The Board proceeded to the selection of a permanent attorney for the Code Enforcement Board. Commissioner Jones nominated John Bigler as the attorney for the Code Enforcement Board. Commissioner Harvey nominated Sheri Smallwood. Commissioner Stormont nominated David Kirwan. Bob Ernst of the Florida Keys Citizens Coalition and R. Nelson, Chairman of the Code Enforcement Board, requested that the Board approve the Code Enforcement Board's selec- tion of David Kirwan as attorney for the Board. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to reject the recommendation of the Code Enforcement Board and indicate that all of the nominations before the Code Enforcement Board would be voted on by the County Commission. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes No No Yes Motion carried. The Board then proceeded to ballot on the following individuals to serve as attorney for the Code Enforcement Board. The Board proceeded to ballot and announced that the candidates would be ranked one, two, three, etc., with the first-place candidate receiving the lowest number and, thus, the candidate with the lowest number of total points would be the victor. Following the balloting, the Clerk announced the official results as follows: 038 NN Harvey Jones Puto Stormont Lytton Total Bigler 2 1 2 6 4 15 Kirwan 7 3 3 1 3 17 Smallwood 1 2 1 7 1 12 Erskine 5 5 5 5 2 22 Greenman 4 4 6 2 6 22 Leeman 3 7 4 4 5 23 Mulik 6 6 7 3 7 29 The Clerk then announced that according to the tabulation, Sheri Smallwood had been selected as the No. One Candidate by virtue of the lowest point total. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to employ Sheri Smallwood as attorney for the Code Enforcement Board. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Report Peter Horton, Assistant County Administrator, advised the Board of the unveiling of the Mario Sanchez car- vings at East Martello Tower this evening. Mr. Horton discussed the Social Services grants concerning Transportation and Nutrition and advised that HRS was proposing a change in the method of allocation and admi- nistration of these grants in addition to a cut of 5.82% or approximately $20,000.00. He recommended that the Board accept the grants and file an appeal on those items. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to approve the recommendation of the Assistant County Administrator to accept the Social Services grants con- cerning Transportation and Nutrition and to file an appeal with HRS regarding the allocation and administration and cut in amount. Motion carried unanimously. Airport Services Mr. Horton addressed the Board regarding the construction of a general aviation aircraft ramp on the west side of Marathon Airport. Bob Ernst discussed the necessity of requiring landscaping for these Airport projects. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Resolution authorizing the Mayor to execute a Joint Participation Agreement by and between Monroe County and the Florida Department of Transportation concerning joint participation in the construction of a general aviation aircraft ramp on the west side of Marathon Airport. RESOLUTION NO. 666-1988 See Res. Book No. 71 which is incorporated herein by reference. Roll call vote was taken with the following results: NN 039 Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes Yes Yes No Yes Motion carried. - Library Services Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to waive the Purchasing policies and Procedures. Roll call vote was unanimous. Motion was then made by Commissioner Lytton and seconded by Mayor Puto to adopt the following Resolution authorizing the payment of $35,363.00 to the K-Mart Corporation for interior improve- ments and modifications to the Key Largo Branch Library and authorizing the proper documents to be drawn and executed. Roll call vote was unanimous. RESOLUTION NO. 667-1988 See Res. Book No. 71 which is incorporated herein by reference. MUNICIPAL SERVICE DISTRICT (WASTE) Charles Aguero, MSD Manager, advised the Board that the City of Key West had increased the disposal fees to $116.00 per ton, effective January 1, 1989. Mr. Aguero also discussed the grant application process and advised that this matter is being turned over to Paul Wick, County Grants Manager, to proceed with the Solid Waste Grant Application. Motion was made by Commissioner Jones and seconded by Commissioner Harvey to authorize Paul Wick, County Grants Manager, to represent MSD and prepare the necessary Solid Waste Grant Application and also to authorize travel and per diem for this purpose. Motion carried unanimously. The MSD Manager advised the Board that he was in possession of DER permit for the expansion of the Cudjoe Key Landfill. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to authorize Post, Buckley, Schuh & Jernigan to proceed with construction plans and spe- cifications. Motion carried unanimously. After discussion by Mr. Aguero, motion was made by Commissioner Lytton and seconded by Commissioner Stormont to authorize an amendment to the Agenda process which would place the Municipal Service District at a specific time and apart from the rest of the Agenda. Motion carried unani- mously. DIVISION OF GROWTH MANAGEMENT Donald Craig, Assistant County Administrator, discussed the challenge to the DCA Rule by Mr. Mattson and indicated that there would be no adopted Rule this year. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the following Resolution requesting the Legislature to pursue the release of the con- tiguous lots provision and to ask the Governor and Cabinet to act on the contiguous lots provision and also the matter concerning churches in SR categories. Roll call vote was unanimous. NN 040 RESOLUTION NO. 668-1988 See Res. Book No. 71 which is incorporated herein by reference. Maria Abadal of DCA and Fred Tittle, attorney, addressed the Board. Mr. Craig also discussed the Big pine Community Plan and the hearing held on December 5th. Bob Herman, Deputy Planning Director, advised the Board that the new FEMA maps should be received shortly in the County and should result in reductions in some insurance costs. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to authorize and direct the Mayor to write a letter of appreciation to Congressman Dante Fascell for his crucial support in the matter which has resulted in the new FEMA Guidelines. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 16, part of S 1/4 of NE 1/4 of S27, T66S, R29E, Big Pine Key. Motion carried unanimously. RESOLUTION NO. 669-1988 See Res. Book No. 71 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 17, Crains Subdivision, Block 31, Lots 1 and 16, Grassy Key. Motion carried unanimously. RESOLUTION NO. 670-1988 See Res. Book No. 71 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 19, Singleton's Addition to Tavernier Cove Lot 4. Motion carried unanimously. RESOLUTION NO. 671-1988 See Res. Book No. 71 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 20, Mates Beach No.2, Lots 46 and 47. Motion carried unanimously. RESOLUTION NO. 671A-1988 See Res. Book No. 71 which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES Report Michael Managan, Assistant County Administrator, NN 041 advised that his Staff was currently preparing grant appli- cations for Energy Grants that would make Pigeon Key completely solar operated. Motion was made by Mayor Puto and seconded by Commissioner Lytton to approve the filing of grant applications for Energy Grants for Pigeon Key. Motion carried unanimously. Information Systems The Board discussed the purchase and payment of an IBM Micro Computer System for the Tourist Development Council. Motion was made by Commissioner Jones to seek pro- posals on compatible equipment. Motion died for lack of a second. Motion was made by Commissioner Stormont and seconded by Commissioner Harvey to approve the purchase of and payment for an IBM Micro Computer System for the Tourist Development Council at a cost not to exceed $20,000.00 and to include hardware, software, installation and reprogramming, and to recommend to the Tourist Development Council that the item be charged to the 7% Administration Funding. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes No Yes Yes Yes Motion carried. Fiscal Management Motion was made by Commissioner Stormont and seconded by Commissioner Jones to grant authorization to participate with the ACIR/Local Government FAX Network, with funding for the FAX machine only and no travel. Motion carried unanimously. DIVISION OF PUBLIC SAFETY Report Reggie paros, Assistant County Administrator, discussed the Volunteers' Contracts. Motion was made by Commissioner Lytton and seconded by Mayor Puto to extend the Contracts with the Volunteers for reimbursements in Districts 5 and 6 for an additional ninety days. Motion carried unanimously. Emergency Medical Services Motion was made by Commissioner Lytton and seconded by Mayor Puto to approve the solicitation of proposals from collection agencies for the collection of trauma care and air rescue transportation patients' accounts receivable. During discussion, the motion was withdrawn and the matter was referred to the County Attorney to review the current contract with the collection agency that is servicing the other districts. DIVISION OF PUBLIC WORKS Report Ron Binns, Facilities Maintenance Director, addressed the Board and advised that Dent Pierce, Assistant NN 042 County Administrator, was ill and unable to attend the meeting. Mr. Binns advised that the weight limitations on the County's bridges in the Duck Key area had been raised. Consulting Engineer Bob Harris of Post, Buckley, Schuh & Jernigan discussed the ramp at Pigeon Key. Motion was made by Commissioner Lytton and seconded by Mayor Puto to authorize Post, Buckley, Schuh & Jernigan to prepare plans and specifications for Option No. 1 as proposed for the repair of the ramp at Pigeon Key. Motion carried unani- mously. Facilities Maintenance Mr. Binns discussed the sewer connection of the Children's Shelter at the Plantation Key Government Center Complex. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to not charge the Children's Shelter the 22.8% as outlined by Post, Buckley, Schuh & Jernigan to cover a portion of the cost of the initial construction of the Waste Water Treatment Plant. Motion carried unani- mously with Commissioner Harvey not present. Chase Edwards of the Children's Shelter addressed the Board and thanked them for their action. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to approve the request to hire addi- tional School Crossing Guards, contingent upon an opinion from the County Attorney as to the appropriateness of the County's participation. Motion carried unanimously. Motion was then made by Commissioner Jones and seconded by Mayor Puto to authorize the transfer of $19,000.00 out of the General Fund Contingency to cover the additional personnel. Roll call vote was unanimous. Roads and Bridges Motion was made by Commissioner Stormont and seconded by Mayor Puto to approve the purchase of one new Allatt Paver, Model 350P, from Florida Machinery & Equipment Co. in the amount of $37,829.00 after factory rebate. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, advised the Board of the continuing negotiations with Marathon Yacht Club con- cerning the lease of certain property and advised that he was in the process of obtaining information concerning the rates applicable to bay bottom and waterfront property. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey directing the County Administrator to proceed with the negotiations with Marathon Yacht Club. Roll call vote was unanimous. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to adopt the following Resolution amending a Resolution of the Board of County Commissioners entitled: nA Resolution of the Board of County Commissioners of Monroe County, Florida, authorizing the acquisition and construction of certain capital NN .043 - improvements in Monroe County, Florida; providing for the issuance of not exceeding $7,500,000 Improvement Revenue Bonds, Series 1988, of the County to be applied to finance the cost thereof; providing for the payment of such Bonds from the first and second guaranteed entitlements of the County to State Revenue Sharing Trust Funds; making certain covenants and agreements in connection therewith; and providing an effective date." duly adopted on November 22, 1988, by making those changes necessary for the issuance of a Municipal Bond Insurance Policy and a Bond Reserve Account Insurance policy; and pro- viding an effective date. RESOLUTION NO. 672-1988 See Res. Book No. 71 which is incorporated herein by reference. Motion was made by Commissioner Jones and seconded by Commissioner Lytton that the County would not participate in the "Clean Outdoor Air Law" program establishing man- datory motor vehicle emissions inspections beginning in 1990 for motor vehicles registered in air pollution "non- attainment" areas. Motion carried unanimously. COUNTY CLERK Danny Ko1hage, Clerk, advised the Board that in accordance with the action of the County approving a budget of $50,000.00 for the continuation of the Criminal Justice Information System program, that he was in the process of preparing for the Board's approval a Lease/Purchase Agreement for additional equipment to accommodate the Information System project. However, the Clerk advised that he had been informed by the Board's Bond Counsel that because of the issuance of the Bond and the arbitrage requirements, that the Lease/Purchase Agreement could not be approved in this taxable year without jeopardizing the arbitrage exemptions of the recently approved County Bond Issue. The Clerk requested that the Board approve in con- cept the acquisition of the additional equipment so that an order could be placed and that the actual documents would be forthcoming in January. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to approve the request of the County Clerk. Motion carried unanimously. AWARD OF BIDS The Board was advised of receipt of the following bids for two new Heavy-Duty Diesel-Powered Dump Trucks for the Road Department: Bob Chango - Peterbi1t Duncan Ford - LTS Palmetto Ford Truck Ctr.-Freight1iner South Florida Mack Trucks, Inc. South Florida Mack Trucks, InC.-alternate $ 61,978.00 $ 59,973.38 $ 56,700.00 $ 57,865.00 $ 60,605.00 After discussion by Ron Binns of the Public Works Department, motion was made by Commissioner Harvey and seconded by Mayor Puto to accept Staff recommendation to award the bid to South Florida Mack Trucks, Inc. in the amount of $57,865.00. Motion carried unanimously. NN 044 "R ,. ~ 15..1> The Board was advised of receipt of the following bids for two Full-Size Pick-up Trucks, one for the Road Department and one for Central Services: Bob Chango, Inc. Duncan Ford, Lincoln-Mercury $ 12,669.00 $ 13,162.00 Motion was made by Commissioner Jones and seconded by Commissioner Lytton to accept Staff recommendation to award the bid to Bob Chango, Inc. in the amount of $12,669.00. Motion carried unanimously. The Board was advised of receipt of the following bids for one new Mini-Van for the Marathon Animal Shelter: Bob Chango, Inc. Duncan Ford, Lincoln-Mercury $ 11,580.00 $ 11,954.70 Motion was made by Commissioner Jones and seconded by Commissioner Harvey to accept Staff recommendation to award the bid to Bob Chango, Inc. in the amount of $11,580.00. Motion carried unanimously. The Board was advised of receipt of only one bid as set out below for two Stake Body Dump Trucks, one for the Card Sound Toll District and one for Facilities Maintenance: Bob Chango, Inc. $ 15,868.00 Motion was made by Commissioner Harvey and seconded by Commissioner Jones to accept Staff recommendation to award the bid to Bob Chango, Inc. in the amount of $15,868.00. Motion carried unanimously. The Board was advised of receipt of the following bids for one new Multi-Purpose Wheel Tractor with Mower for the Road Department: Richards Tractor & Implements Case Power and Equipment Homestead Ford Tractor Sales $ 14,936.60 $ 13,300.00 $ 11,618.28 Motion was made by Commissioner Harvey and seconded by com- missioner Jones to accept Staff recommendation to award the bid to Homestead Ford Tractor Sales in the amount of $11,618.28. Motion carried unanimously. Reggie paros, Assistant County Administrator/Public Safety Division, discussed the receipt of one bid only for Maintenance of the T.V. Translator System Installation: C & M Electronics Co. $ 31,125.00 for one year to provide regularly scheduled semi-monthly inspections and maintenance visits to all sites; and an hourly rate of $40.00 for unscheduled maintenance resulting from equipment malfunctions or failure requiring service. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to accept Staff recommendation to award the bid for a one-year contract to C & M Electronics Co. Motion carried unanimously. Tom Brown, County Administrator, advised that there NN 045 was only one response to the bid concerning the Air Cargo Facility at Key West International Airport: Federal Express indicated a willingness to negotiate. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to authorize the County Staff to enter negotiations with Federal Express. Motion carried unanimously. The Board was advised of receipt of the following bids for the Renovation of Restrooms at the Key West International Airport: Frank Keevan and Son, Inc. Rosasco Construction Co. $166,400.00 $198,000.00 Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to accept Staff recommendation to award the bid to Frank Keevan and Son, Inc. in the amount of $166,400.00. Roll call vote was taken with the following results: Commissioner Harvey Commissioner Jones Commissioner Lytton Commissioner Stormont Mayor Puto Yes No Yes No Yes Motion carried. The Board was advised of receipt of the following bids to Construct General Aviation Ramp and Runway Blast Pads at the Marathon Airport: General Asphalt Redland Construction State Paving $811,443.50 $837,493.00 $886,061.00 Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to accept Staff recommendation to award the bid to General Asphalt in the amount of $811,443.50. Roll call vote was unanimous. The Board was advised of receipt of the following bids for Rotating Beacon and Tower at Marathon Airport: State Paving Redland Construction Regency Electric Frank Keevan and Son, Inc. $69,686.30 $76,140.00 $78,751.70 $89,200.00 Motion was made by Commissioner Lytton and seconded by Mayor Puto to accept Staff recommendation to award the bid to State Paving in the amount of $69,686.30. Roll call vote was unanimous. The award of bids for the Installation of Daybeacons at Waltz Key/Jewfish Basin Pass and Upper Sugarloaf Sound/Johnston Key Pass were postponed to the December 20th meeting. The Board was advised of receipt of bids for the purchase of County-owned Lots 5, 12 and 14 of Cudjoe Gardens 8th Addition. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the recommendation of Staff and award the bids as follows: NN 046 Lot 5 - William Schoeppe - $ 29,531.00 Lot 12 - Albert Waters - $ 30,010.00 Lot 14 - John Braaten - $ 37,110.00 with the funding going to the Capital Improvements Projects Fund. Motion carried unanimously. The Mayor was requested to write a letter of thanks to Mr. Vincent Drost for donation of the lots. There being no further business, the meeting was adjourned. * * * * * - NN - CERTIFICATE OF COUNTY CANVASSING BOARD " STATE OF FLORIDA (Ccg[p>y ! MONROE COUNTY We the undersigned, SANDRA TAYLOR County Judge, PETER K. ILCHUK Itill<E PUTO. , Supervisor of Elections, and n , 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 ~ day of November, A, D" 1988, and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the General Election held on the Eighth day of November, 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 President and Vice President of the United States, the whole number of votes cast was 26382 of which number GEORGE BUSH and DAN QUAYLE (Republican Party) received 15919 Votes MICHAEL S. DUKAKIS and LLOYD BENTSEN (Democratic Party) received 10151 Votes RON PAUL and ANDRE MARROU (Libertarian Party) received 257 Votes LENORA B. FULANI and JOYCE DATTNER (New Alliance Party) received 48 Votes DAVID E, DUKE and FLOYD C, PARKER (Write-in) received 7 Votes WILLA KENOYER (Write-in) received 3 Votes ISABELL MASTERS (Write-in) received 5 Votes For United States Senator, the whole number of votes cast was 26347 of which number CONNIE MACK (R) received 12634 Votes BUDDY MACKAY (D) received 13710 Votes ADAM STRAUS (Write- in) received 3 Votes rl . ,~~'Et, f:~' , f. :;; ,t1"\)~ ,,'iW' ~'~*i". II NN For Representative in Congress, 19 District, the whole number of votes cast was Congressional 25567 of which number RALPH CARLOS ROCHETEAU (REP) DANTE B. FASCELL (DEM) received 6939 Votes received 18628 Votes received Votes For Representative in Congress, District, the whole number of votes cast was Congressional of which number received Votes received Votes received Votes I For Secretary of State, the whole number of votes cast was 25138 of which number JIM SMITH (R) received 15299 Votes TOM R, MOORE (D) received 9837 Votes- ANTHONY R. MARTIN-TRIGONA (Write-in) received 2 Votes For Treasurer, the whole number of votes cast was TOM GALLAGHER (R) received KEN JENNE (D) received 25471 of which number 13143 Votes 12328 Votes Judicial Circuit, the whole of which number received Votes received Votes received Votes Judicial Circuit, the whole of which number received Votes received Votes For State Attorney, number of votes cast was For State Attorney, number of votes cast was I" "f1 ::~" ~ ~""',..,',,,I'" ~i: ':,r';-{ ~1 ~:. received Votes For State Attorney, Judicial Circuit, the whole number of votes cast was of which number received Votes received Votes received Votes 7. NN For State Senator, number of votes cast was GENE FLYNN (REP) 39th Senatorial District, the whole 24899 of which number received 8175 Votes LAWRENCE H. "LARRY" PLUMMER(DEM)received received For State Senator, number of votes cast was For State Senator, number of votes cast was For State Senator, number of votes cast was For State Senator, number of votes cast was For State Senator, number of votes cast was For State Senator, number of votes cast was ,I }f (I ,10: j:- ".~. l:~ I r: 16724 Votes Votes Senatorial District, the whole of which number received Votes received Votes received Yotes Senatorial District, the whole of which number received Votes received Votes received Yotes - Senatorial District, the whole of which number received Votes received Votes received Votes I Senatorial District, the whole of which number received Votes received Votes received Votes received Votes Senatorial District, the whole of which number received Votes received Votes received Votes Senatorial District, the whole of which number received Votes received Votes received Votes .i~~>: '1jJ''''l"', ' r~{. '~. ~'}~;~ ,,'r j~tL i?,f:'-"t., ';~'M;J~; NN II ,:"1,,,.',,' ,: . ~~~,~t~, '~t11-,',',., ,'. ;;g~t"~:. '\t~i:,,",:'~:,. , '''''C~, NN - For Member, Board of County Commissioners, District 1 the whole number of votes cast was 25953 of which number JERRY D. BEVER (REP) received 12535 Votes WILHELMINA G. HARVEY (DEM) received 13418 Votes received Votes For Member, Board of County Commissioners, District 3 the whole number of votes cast was 25703 of which number DOUG JONES (REP) received 13932 Votes JERRY HERNANDEZ JR (DIDi) received 11771 Votes received Votes For Member, Board of County Commissioners, District 5 the whole number of votes cast was 26175 of which number JOHN STORMONT (REP) received 14195 Votes MARY K. REICH (DEM) received 11980 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 For Member, Board of County Commissioners, District the whole number of votes cast was of which number 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 ;, ..I,'.~,',. f -~~? .- ,~'.~: r . ~"'. ~:';,. ~It. .,,~r.:r~ "'~i." \ II NN For School Board Member, ~ (AREA) 2 the whole number , of votes cast was 24771 of which number FRANK COURTNEY (REP) received 13386 Votes SYDNEY E. MATHEWS (DEM) received 11385 Votes received Votes For School Board Member, R,l~Hilt.c (AREA) 3 the whole number , of votes cast was 24757 of which number JACK H. DENSON (REP) received 11030 Votes LEE G. GANIM (DEM) received 13727 Votes received Votes For School Board Member, District , the whole number , of votes cast was of which number received Votes received Votes received Votes - For School Board Member, District , the whole number of votes cast was of which number received Votes received Votes received Votes For School Board Member, District , the whol~ number of votes cast was of which number received Votes received Votes received Votes For School Board Member, District the whole number of votes cast was of which number received Votes received Votes received Votes , , '.jt:'J f:.:'~" II - NN For COMMISSIONER MOSQUITO DISTRICT 4 . the whole number of votes cast was 25037 of which number WILLIAM M. "BILL" DANIELS (REP)received 14933 Votes R.K. " RAY" HAMPSON (DEM) received 10104 Votes received Votes For . the whole ]lumber 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 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 ",_I;';~ ..~ '~f'" . J\\:li ,,(,:~i'1< \.t"'l'" " ,:~'" NN ~ PETER K. ILCHUK SUPERVISOR OF ELECTIONS ~,p~ '. OUNTY COMMISSIONERS .~ ,~(' \f'; 1$; .~. ~.. ',~.!r.,;t~" . :.' "-~~.~.:,' \q.'i:. ~." NN ,.,.~..,- ,..-'- CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA MONROE COUNTY We the undersigned, SANDRA TAYLOR County Judge, PETER K. ILCHUK , Supervisor of Elections, and , Member of the Board of County I. aflK~c 'p,oror;; ,;",1.";; Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met in the office of I the Supervisor of Elections on the ~ day of November, A, D., 1988, and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the Nonpartisan General Election held on the Eighth day of November, A. D., 1988, as shown by the returns on file in the office of the County Judge and Supervisor of El~ctions, respectively. We do hereby certify-- from said,returns as follows: Retention of Justice ,STEPHEN H. GRIMES of the Supreme Court, FOR AGAINST 14484 Votes 5448 Votes Retention of Justice GERALD KOGAN of the Supreme Court, FOR 14119 Votes AGAINST 5590 Votes Retention of Judge NATALIE BASKIN of the 3rd District Court of Appeal, FOR 13886 Votes AGAINST 4689 Votes Retention of Judge WILKIE D. FERGUSON JR of the 3rd District Court of Appeal, FOR 13524 Votes AGAINST 4874 Votes For Ci rcuit Judge, Judicial Circuit , Group_, the whole number of votes cast was of which number received Votes received Votes received Votes ~~ ;"~' 1," .' ^,'. ,.. ,'- fr~ . {:j;. 4. :: ; :.;t- ,t~!~f, ~1,*.~. c-:~:~ ~; NN Retention of Judge PHILLIP A. HUBBART of the 3rd District Court of Appeal, FOR 13288 Votes AGAINST 4835 Votes Retention of Judge JAMES R. JORGENSON of the 3rd District Court of Appeal, FOR 13477 Votes AGAINST 4762 Votes Retention of Judge DANIEL S. PEARSON of the 3rd District Court of Appeal, FOR 13614 Votes AGAINST 4708 Votes Retention of Judge of the District Court of Appeal, FOR Votes AGAINST Votes For Circuit Judge, Judicial Circuit, Group_, the whole number of votes cast was of which number received Votes received Votes received Votes For Circuit Judge, Judicial Circuit , Group_, the whole number of votes cast was of which number received Votes received Votes received Votes For Circuit Judge, Judicial Circuit, Group_, the whole number of votes cast was of which number received Votes received Votes received Votes -. r:" .....,;1,;. i; ,',' 1'1" d ~\.- , :S';; ....;.......,"... - NN PORPOSED AMENDMENTS TO THE CONSTITUTION OF THE STATE OF FLORIDA NUMBER 1 ARTICLE III, SECTION 17 IMPEACHMENT OF COUNTY COURT JUDGES Proposing an amendment to the State Constitution to provide that county court judges shall be subject to impeachment by the Legislature and thereby removing present authority of Governor to suspend county court judges. FOR AGAINST 6515 Votes 18956 Votes NUMBER 2 ARTICLE I, SECTION 16 RIGHTS OF VICTIMS OF CRIME Proposing an amendment to the State Constitution to grant__ victims of crime, and the next of kin of homicide victims, the qualified right to be informed, to be present, and to be heard at all crucial stages of criminal proceedings. FOR AGAINST 24294 Votes 1625 Votes NUMBER 3 ARTICLE VII, SECTION 4 ASSESSMENT OF HIGH WATER RECHARGE LANDS , Provides that land producing high water recharge to Florida's aquifers may be classified by general law and assessed solely on the basis of character or use, 14403 FOR Votes AGAINST 8551 Votes NUMBER 4 ARTICLE VII, SECTION 17 BONDS FOR ACQUISITION OF PROPERTY FOR STATE ROADS OR FOR CONSTRUCTING BRIDGES Proposing an amendment to the State Constitution, effective upon adoption, to authroize the Legislature to provide for issuance by the state, without a vote of the electors, of bonds pledging the full faith and credit of the state, the proceeds of which are to be used to finance or refinance the cost of acquiring real property for state roads or for constructing bridges, FOR AGAINST 10666 Votes 13202 Votes 'I' f-i, ,:d {iift(, , ..'t:'\"'v'J,,~~,,' ,: ,'',;ft,'t''.'''i.. .f,~1J: ':t.~. '. ' 'i~}({ , ',.,,"'h ':~r/ ;.,f,~'i:- ,; -Ft.." NN II i 1 fl NUMBER 5 ARTICLE VII, SECTION 3 PROPERTY TAX EXEMPTION FOR WIDOWERS Proposing an amendment to the State Constitution to extend the property tax exemption for widows to widowers as well, FOR 23165 Votes AGAINST 2863 Votes NUMBER 6 ARTICLE II, SECTION 5; ARTICLE XI, SECTIONS 2, 5 and 6 TAXATION AND BUDGET REFORM COMMISSION Transfers authority to review matters relating to state and,local taxation and the budgetary process from the Consitution Revision Commission to a newly created Taxation and Budget Reform Commission to be established in 1990 and every 10 years thereafter. The new commission will issue a report and it may propose statutory changes to the Legislature, and submit proposed consitutional changes to the voters. FOR AGAINST 14120 Votes 10033 Votes NUMBER 7 ARTICLE V, SECTION 10 TERMS OF OFFICE FOR TRIAL COURT JUDGES Increases terms of county court judges from four to six. years. FOR AGAINST 9968 Votes 13799 Votes NUMBER 8 ARTICLE V, SECTION 1 CIVIL TRAFFIC HEARING OFFICERS Authorizes the Legislature to establish a civil traffic hearing officer system to hear civil traffic offenses. FOR 16750 Votes AGAINST 6548 Votes NUMBER 9 ARTICLE IV, SECTION 11 AND 12 DEPARTMENTS OF VETERANS AFFAIRS AND ELDERLY AFFAIRS Proposes and amendment to the State Constitution to authorize the creation of a Department of Veterans Affairs and a Department of Elderly Affairs. FOR AGAINST 17671 Votes 6127 Votes ",' . 11'".~.; NN -- ,..- "" " . NUMBER 10 ARTICLE I, SECTION 21 LIMITATION OF NON-ECONOMIC DAMAGES IN CIVIL ACTIONS Amendment provides that a person entitled to recover damages for bodily injuries in any action may not recover more than $100,000 for non-economic losses; defines non-economic losses to include pain and suffering, inconvenience, mental anguish, loss of capacity to enjoy life, loss of consortium and other non-pecuniary losses; provides by general law the maximum amount recoverable may be adjusted utilizing a consumer price index published by the Unites States Government; provides an effective date. FOR AGAINST 13052 Votes 13697 Votes NUMBER 11 ARTICLE II, SECTION 9 ENGLISH IS THE OFFICIAL LANGUAGE OF FLORIDA I Establishes English as the official language of the State-- of Florida: ENables the legislature to implement this article by appropriate legislation, FOR AGAINST 22774 Votes 3599 Votes /'~ PETER K. ILCHUK SUPERVISOR OF ELECTIONS ~~pr~ , B A UNTY COMMISSIONERS tJ ,:; NN ~ CERTIFICATE OF COUNTY CANVASSING BOARD :TATE OF FLORIDA IONROE COUNTY" e, the undersinged, SANDRA TAYLOR, County Judge, Peter K. Ilchuk, Supervisor of lections and William J. Freeman, Member of the County Commissioners, constituting he Board of County Canvassers in the for said County, do hereby certify that we met n the Office of the Supervisor of Elections on the 8th day of November, A.D., 1988, nd proceeded to publicly canvass the votes given in Monroe County Special Referen- um held on the 8th day of November, A.D., 1988 as shown by the returns on file i in he office of the County Judge and Supervisor of Elections respectively. We do ereby certify from said returns as follows: QUESTION Should the Florida Keys Aqueduct Authority be empowered to: (a) impose assessments udother charges sufficient to finance water projects to expand its water distric- ution system which may be a lien upon any properties abutting on or capable of being erved,by such water projects, (b) waive, in whole or in part, any impact fees or ~arges for affordable housing, any governmental entity, any chartiable, educational eligious, or similar organization, or any person or entity execmpt from taxation under .1e provisions of the U.S. Internal Revenue Code or ad valorem property taxes under le laws of Florida, (c) lien real property or other premises of its customers for lter and sewer services unless the services were contracted for by a tenant, and (d) ;SUe revenue bonds without the requirement of having a referendum election." 25834 IE WHOLE NUMBER OF VOTES CAST WAS OF WHICH NUM BER YES 4554 NO S PETER K. ILCHUK SUPERVISOR OF ELECTIONS i, 1-MIKE ~UTO~~ ~ MEMBER OF THE BOARD OF ~OUNTY COMMISSIONERS - :p "