08/04/1987 Regular
JJ 00 1
Regular Meeting
Board of County Commissioners
Tuesday, August 4, 1987
Marathon
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A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in the Courtroom at the Marathon SubCourthouse. Present and
answering to roll call were Commissioner William Freeman,
Commissioner Eugene Lytton, Commissioner Michael Puto,
Commissioner John Stormont, and Mayor Jerry Hernandez, Jr.
Also present were Danny L. Kolhage, Clerk; Lucien Proby,
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.
Commissioner Lytton asked for a Point of Personal
Privilege to acknowledge the 197th Birthday of the United
States Coast Guard.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
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Mayor Hernandez discussed the position of County
Administrator and his view that a contractual agreement
should be entered into between the County and the County
Administrator. Motion was made by Commissioner Lytton and
seconded by Commissioner Freeman to direct the County
Attorney to negotiate with the County Administrator and pre-
pare a proposed Contract of Employment between the County
Administrator and Monroe County. Roll call vote was taken
with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
No
Yes
Yes
Motion carried.
Motion was made by Commissioner Lytton and seconded
by Commissioner Freeman to appoint Marva Green and Diana
Curtis to the Commission on the Status of Women. Motion
carried unanimously.
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Commissioner Puto discussed the transfer of title
of a Sheriff's vehicle to Tavernier Volunteer Fire and
Rescue. Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize the transfer of a
vehicle from the Sheriff to Tavernier Volunteer Fire and
Rescue. Motion carried unanimously.
Mayor Hernandez discussed the decision to advertise
for the concession at Higgs Beach. Following discussion,
motion was made by Mayor Hernandez and seconded by
Commissioner Freeman to appoint Commissioner Puto as
Chairman and Tom Brown and Dent Pierce as members to a Beach
Committee to study proposals for the concession operation at
JJ 002
Higgs Beach. Roll call vote was unanimous.
Motion was made by Mayor Hernandez and seconded by
Commissioner Lytton to approve the appointment of Marge
Schwicker to the Monroe County Fine Arts Council. Roll call
vote was unanimous.
Motion was made by Mayor Hernandez and seconded by
Commissioner Freeman to appoint Commissioner Puto to the
Monroe County Canvassing Board. Roll call vote was unani-
mous.
Motion was made by Commissioner Lytton and seconded
by Commissioner Freeman to approve travel for any County
Commissioner to Orlando on August 13 and August 14 for a
meeting of the Organized Fishermen of Florida. Motion
carried unanimously.
Commissioner Stormont spoke about the recent
discussions between the Tourist Development Council, the
Monroe County Fine Arts Council, and the Board of County
Commissioners concerning the use of cultural funds.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to request the TDC to prepare a written
report on the TDC's position concerning the question of the
use of cultural funds. During discussion, motio~ was made
by Mayor Hernandez and seconded by Commissioner Freeman to
postpone this matter until Mayor Feiner, Vice Chairman of
TDC, returns to the County. Roll call vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to authorize payment of tra-
vel, pursuant to Florida Statutes, for members of the
Translator Board. Motion carried unanimously.
Commissioner Lytton and County Administrator Brown
discussed receipt of proposals for services to provide
information on the upcoming Infrastructure Sales Tax
Referendum. Motion was made by Commissioner Lytton and
seconded by Commissioner Freeman to set a ceiling of
$20,000.00, to be prorated with the City of Key West, to
issue an RFP requesting professional assistance to provide
information on the upcoming Infrastructure Sales Tax
Referendum and to award the proposal at the next Key West
meeting. Roll call vote was taken with the following
results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
Yes
Yes
No
Motion carried. During discussion, the Clerk advised the
Board that due to the sensitive nature and recent Attorney
General's Opinions concerning the use of public funds to
support referendums, the Board should have any adver-
tisements or news releases pre-approved by the County
Attorney's Office.
The Board discussed the public address system. The
County Administrator was directed to take whatever steps are
necessary to improve the public address systems at the
Courthouses.
BULK APPROVALS
Motion was made by Commissioner Stormont and
JJ 003
seconded by Commissioner Puto to approve the following items
by unanimous consent:
Board authorized the Supervisor of Elections to donate one
excess macchine to the Moose Club of Big Pine Key and to
sell the remaining seven machines to Bay County at $100.00
per machine.
__ Board authorized the removal of Vehicle t18ll-3, Wayne
Transette Minibus, from Monroe County Transportation
Program's vehicle inventory.
Board authorized removal of the following calculators from
the Tax Collector's inventory: County Serial Nos. 0500-422,
2212-421, 22l2-4l2, 05500A-70, 0500-565, 0500-534, 0500-559,
0500-579, 0500-580, 0500-58l, 0500-582, 0500-583, 0500-584,
and one Singer '22718.
Board authorized the transfer of $500.00 for the Library as
follows:
FROM ACCOUNT NUMBER
920000-584-990
LINE ITEM
Reserve Contingenccy
TO ACCOUNT NUMBER
260005-57l-430
Utilities
Board authorized the transfer of $1,055.00 for the Library
as follows:
FROM ACCOUNT NUMBER
920000-584-990
LINE ITEM
Reserve Contingency
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TO ACCOUNT NUMBER
260004-57l-46l
Maint. of Buildings
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Todd W. Jones for a 1200 square foot enclosure for
storage only below the 100-Year Flood Elevation on Lot 12,
Block 6, Indian Mounds Estates, Seminole, Sugarloaf Key;
Zoned IS - Improved Subdivision; Coastal Flood Zone A-10,
Panel l492D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Matthew and Cindy Kennedy for a 13 x 32.7 proposed addi-
tion to be built below the 100-Year Flood Elevation
(existing structure is 882 square feet and built in 1964,
23-year old home based on information of appraisal report)
on Lot 5, Block M, North Marathon Shores, Key Vaca; Zoned
IS - Improved Subdivision; Coastal Flood Zone A-13, Panel
l58lC.
,.--
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Mr. and Mrs. Frank Mills for a 26l square foot addition -
bathroom - to be built below the lOO-Year Flood Elevation
(existing structure is 2900 square feet, built in 1964) on
Lot 20, Block 16, Sunset Cay, Key Largo; Zoned IS - Improved
Subdivision; Coastal Flood Zone V-l6, Panel 0658E.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the
Mayor/Chairman of thee Board of County Commissioners to exe-
cute a Settlement Agreement between the Florida Department
JJ 004
of Community Affairs, Fred E. Snowman and Frances M.
Snowman, and Monroe County concerning settlement of the
appeal filed by the Florida Department of Community Affairs
in re Monroe County Planning Commission Resolution 10-87.
RESOLUTION NO. 303-l987
See Res. Book No. 60 which is incorporated herein by
reference.
MUNICIPAL SERVICES
Board approved and authorized execution of Modification of
Agreement Number 87-SR-45-ll-54-0l-00l by and between the
County and Florida Department of Community Affairs con-
cerning the Solid Waste Study.
AIRPORTS
Board approved and authorized execution of Final Change
Order to W & T Enterprises for Marathon AIP-05 Runway
Project in the amount of $6,361.78.
EXTENSION SERVICES
Board "adopted the following Resolution approving and
authorizing the Mayor/Chairman to execute State of Florida
Department of Natural Resources Contract No. C47i9, in re:
Florida Boating Improvement Fund Project known as Lower Keys
Reef Moorings.
RESOLUTION NO. 304-l987
See Res. Book No. 60 which is incorporated herein by
reference.
PUBLIC WORKS
Board granted permission for the advertisement for com-
petitive bids regarding the purchase of petroleum products
by the County.
SOCIAL SERVICES
Board authorized execution of Contract '87-l-887 by and bet-
ween united Way of Dade County, Inc.-Area Agency on Aging
for Dade and Monroe Counties and Monroe County Board of
County Commissioners-Transportation Program re Title IIIB
Local Match.
Board authorized execution of Second Amendment to Contract
'87-2-878 by and between United Way of Dade County,
Inc.-Area Agency on Aging for Dade and Monroe Counties and
Monroe County Board of County Commissioners-Nutrition
Program re Title III C-l.
Board authorized execution of Second Amendment to Contract
'87-3-878 by and between United Way of Dade County, Inc.-
Area Agency on Aging for Dade and Monroe Counties and Monroe
County Board of County Commissioners-Nutrition Program re
Title III C-2.
COUNTY CLERK
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Jeffrey J.
Elenewski, Ph.D., P.A., in the amount of $200.00; Guidance
Clinic of the Upper Keys, in the amount of $200.00; Tanju T.
JJ 005
Mishara, Ph.D., in the amount of $150.00.
COURT-APPOINTED ATTORNEYS, Patrick T. Canan, in the
amount of $l,06l.00; Roberta Fine, in the amount of $372.75;
John M. Davis, in the amount of $1,448.00; Francis H.
Muldoon, Jr., in the amount of $4l5.50.
OTHER EXPENSES & COSTS, Beckmeyer, Mulick &
-- Wolkowsky, in the amount-of $1,065.20; Louis J. Spallone,
Clerk, in the amount of $500.00; State of Florida, in the
amount of $80.00.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $277.00; Kathy Serbin Berman,
Court Reporting, in the amount of $218.95; Christenses
Reporting, in the amount of $25.00; Florida Keys Reporting
Service, in the amount of $2l4.l0; Nancy J. Maleske, in the
amount of $145.l0; Nichols & Hardy Court Reporters, in the
amount of $ll5.00.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $25.00; Serafin Calero, in the amount of $20.00;
Irma Lopez De Pugh, in the amount of $35.00; Elizabeth Diaz,
in the amount of $30.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $1,2l6.l8; Regular Witness Fees, in the amount of
$230.00.
Board approved the following Warrants:
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GENERAL REVENUE FUND, #73125-#73920, in the amount
of $l,478,25l.06.
SUPPLEMENT TO GENERAL REVENUE FUND, #l97, in the
amount of $24,040.57:-
FINE & FORFEITURE FUND, #6l2-#6l6, in the amount of
$22,380.9~ - ----
AIRPORT OPERATION & MAINTENANCE FUND, #410-#411, in
the amount of $20,Ol6.25. -
ROAD & BRIDGE FUND, #457, in the amount of
$53,655.2~ - ----
MSD TAX DISTRICT, #967-#976, in the amount of
$270,292.53. ---
MSD, Marine Bank, Marathon, #384, in the amount of
$33,242.l~
$32.50.
LAW LIBRARY FUND, #205, in the amount of $103.75.
CAPITAL PROJECTS FUND, #234, in the amount of
CARD SOUND BRIDGE FUND, #l82, in the amount of
$ll,365.7S:--
WORKERS COMPENSATION, t225l-#2260, in the amount of
$l4,434.9l.
TOURIST DEVELOPMENT COUNCIL, #4l9-t423, in the
amount of $l8,49l.l3.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, #l94-
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#195, in the amount of $202,881.68.
TRANSLATOR FUND, #l42-#l43, in the amount of
$16l,2l9.22.
CROSS KEY WATERWAY, #46, in the amount of $33.03.
715 MARINERS HOSPITAL SPECIAL TAXING DISTRICT, #22,
in the amount of $9.6l.
7l6-7l7 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, $72-#73~n the amount of $103,507.55.
Board approved and authorized execution of a Contract
Amendment by and between the Board of County Commissioners
and The Palm Beach Group, Inc. regarding the Automated Court
System Master Plan.
Board adopted the following Resolutions concerning receipt
of unanticipated funds for the year 1987.
RESOLUTION NO. 305-l987
RESOLUTION NO. 306-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds for the year 1987-88.
RESOLUTION NO. 307-l987
See Res. Book No. 60 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
for the year 1986-87.
RESOLUTION NO. 308-l987
See Res. Book No. 60 which is incorporated herein by
reference.
Roll call vote was unanimous.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve, per staff con-
ditions and recommendations, the Application for Variance to
the Flood Hazard Ordinance of Richard Richheimer for the
construction of a 216 square foot enclosure for storage only
below the 100-Year Flood Elevation - existing 7l9.2' enclo-
sure used for storage and laundry room - on Lot 20, Block 2,
Center Island, Indies Drive South, Duck Key; Zoned ISM -
Improved Subdivision of Masonry Construction; Coastal Flood
Zone Z-13, Panel l293C. Roll call vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve, per staff con-
ditions and recommendations, the Application for Variance to
the Flood Hazard Ordinance of R. Dennis Shea for an 800
square foot addition - bathroom and porch - to be built
below the lOO-Year Flood Elevation (2,653 square foot
existing structure built in 1940) on Lot 22, Islamorada
Townsite, Orange Street/US #l, Upper Matecumbe Key; Zoned
IS/SC - Improved Subdivision and Suburban Commercial;
Coastal Flood Zone V-l7, Panel ll17C. Roll call vote was
unanimous.
JJ 007
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve, per staff con-
ditions and recommendations, the Application for Variance to
the Flood Hazard Ordinance of Ralph Smith for the construc-
tion of a 450 square foot restroom and storage facility on
the Westerly Part of 18, Coco Plum Beach, Coco Plum Drive,
Fat Deer Key; Zoned SC - Suburban Commercial; Coastal Flood
Zone A-l3, Panel l582C. Roll call vote was unanimous. Bob
~ Herman, Building Official, briefly discussed this matter.
COUNTY ATTORNEY
Lucien Proby, County Attorney, advised the Board
that he had tendered payment to Eden-Hannon & Company in
accordance with the provisions of the Agreement concerning
the purchase of the Translator System and that Eden-Hannon
had rejected that tendered offer and, further, that the
offer was made by Registered Mail and personally. Motion
was made by Mayor Hernandez and seconded by Commissioner
Freeman to authorize the employment of David Morgan of
American Overstock Exchange of Albuquerque, New Mexico to
conduct an appraisal of the Translator System in an amount
not to exceed $5,000.00, payable from the Translator Fund.
Motion carried unanimously.
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Mr. Proby discussed the New Port Largo suit against
several current and previous County Commissioners. He
recommended the employment of the firm of Floyd Pearson
Richman Greer Weil Zack & Brumbaugh and, specifically, Judge
Robert Floyd, to represent current and past Commissioners
and other County officials. He also discussed the need for
another law firm to represent Zoning Board members who have
been made parties to this Federal litigation. This matter
was deferred until later in the day.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution consenting to the State of Florida Departmeent of
Natural Resources leasing to City Fish, Inc. a certain por-
tion of bay bottom.
RESOLUTION NO. 309-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
Yes
No
Yes
Motion carried.
MUNICIPAL SERVICES
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Charles Aguero, MSD Manager, discussed a letter
from Senator Kirkpatrick requesting comments concerning
Solid Waste before the next Legislative Session.
Motion was made by Commissioner Freeman and
seconded by Commissioner Lytton to approve the purchase of
one used water truck in the amount of $9,500.00. Motion
carried unanimously.
JJ 008
AIRPORTS
Art Skelly, Airport Director, addressed the Board
and introduced Brian Hill of Fix-Aire who proceeded to
discuss a proposed lease for charter service at Marathon
Airport. Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to adopt a Resolution approving a Lease
Agreement by and between Monroe County and Fix-Aire for
charter service at Marathon Airport. During discussion,
motion was withdrawn. Motion was then made by Mayor
Hernandez and seconded by Commissioner Freeman to direct the
County Attorney and the Airport Manager to prepare a Lease
with Fix-Aire for charter service at Marathon Airport and
bring it back to the Board at the next meeting. Roll call
vote was unanimous.
Mr. Agnew advised the Board of recent vandalism at
the Marathon Airport.
EMERGENCY SERVICES
Mr. Wexelbaum of Arthur Young & Co. addressed the
Board concerning proposed funding mechanisms for an
Emergency Medical Service System. Motion was made by
Commissioner Stormont that any change in District com-
position be subject to referendum. During discussion,
motion was withdrawn. No further action was taken.
Reggie paros, EMS Director, addressed the Board and
discussed staffing problems with the Big Coppitt Volunteer
Ambulance Department. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to direct the
EMS Director to create a full-paid staff for the balance of
the fiscal year at the Big Coppitt Volunteer Ambulance
Department. Roll call vote was taken with the following
results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
Yes
Yes
No
Motion carried.
Susan Minana of Southern Bell addressed the Board
concerning the Enhanced 911 System in Key West and the Lower
Keys. Motion was made by Commissioner Puto and seconded by
Commissioner Stormont to approve and authorize execution of
a Letter of Intent with Southern Bell Telephone and
Telegraph Company for the implementation and installation of
the Enhanced 9ll/Stand Alone Automatic Identification
Emergency Service System for the Key West/Lower Keys Area.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
Yes
Yes
Yes
Motion carried. Motion was then made by Commissioner
Stormont directing that appropriate action by taken by Board
departments together with the County Attorney in order to
implement changes to existing County Ordinances to
accomplish full funding of the 9ll System. Motion died for
lack of a second.
JJ 009
ENGINEERING
Bob Harris, Consulting Engineer, discussed lighting
proposals for Harry Harris Park. Motion was made by Mayor
Hernandez and seconded by Commissioner Puto to approve the
following Contracts in connection with the lighting for
Harry Harris Park, and to waive the requirements of
Performance Bonds:
-
C. & E. Construction Company
l400 ft. trenching for underground electric
lines. Equipment, labor, layout and
supervision.
Total price-
$ 4,200.00
Musco Sports Lighting, Inc.
10-70 ft. Sherman prestressed round
tapered concrete poles furnished to job
site.
Total price-
$23,000.00
Musco Sports Lighting, Inc.
Musco lighting system, including (56)
1500 watt fixtures, lamps, double
fusing hardware, arms for concrete
pole mounting/pre-wired & pre-aimed by
factory. All surface areas hot dipped
galvanized. Furnished to job site.
(2-year warranty)
Total price-
$24,900.00
-
Robstone Company
Mobilize and demobilize equipment and
labor. Quotation includes permits and
support equipment to move to job site
50-ton crane, trencher, 90' aerial
basket truck, work van and necessary
tools to dig and set (10) concrete
poles with sportsfield lights.
Total price-
$l2,800.00
Robstone Company
Install (lO) round concrete poles with
sportsfield lights (furnished by
County). Furnish and install necessary
conduit, conductors, fusible dis-
connects, lO ft. ground rods or ground
plates. If necessary, re-aim selected
lights one time while on site.
Total price-
$23,000.00
Roll call vote was unanimous. Motion was then made by
Commissioner Stormont and seconded by Commissioner Puto to
direct the County Administrator to increase the
Unincorporated Parks and Beaches Budget for Fiscal Year
1987-88 to provide for an additional $50,000.00 for this
lighting project. Roll call vote was unanimous.
The Board recessed for lunch.
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The Board reconvened at 1:52 p.m. with all
Commissioners present.
SOUNDING BOARD FOR PUBLIC INPUT
Mr. Charles Valois addressed the Board concerning
expired permits. Motion was made by Mayor Hernandez and
seconded by Commissioner Freeman to refer Mr. Valois'
problem to Messrs. Proby, Pattison and Herman for a report
back at the next Plantation Key meeting. Roll calI vote was
JJ 0 1 0
taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
Yes
No
Yes
Motion carried.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
granting authority to the Mayor, or in his absence a pro-
perly designated official, the authority to declare a State
of Local Emergency in Monroe County, Florida, in accordance
with Chapter 252.38 of the Florida Statutes; providing for
penalties for failure to obey lawful orders issued pursuant
to Chapter 252.38 of the Florida Statutes; providing for
severability; providing for the repeal of all Ordinances in
conflict herewith; providing for inclusion in the Monroe
County Code of Ordinances; and providing for an effective
date. Proof of publication was entered into the record.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. There was no public input. Motion ~as then
made by Commissioner Puto and seconded by Commissioner
Freeman to adopt the following Ordinance. During
discussion, motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to amend Section 2 of the
Ordinance so as to read as follows:
Section 2. The Mayor, Mayor Pro Tem, or
his designee, shall have the authority
to declare a State of Local Emergency in
Monroe County, Florida, after consultation
with the Civil Defense Director. The
duration of a state of emergency is
limited to seven (7) days; it may be
extended in 72-hour increments.
Motion carried unanimously. Roll call vote on the original
motion to adopt as amended was unanimous.
ORDINANCE NO. 028-l987
See Ord. Book No. l4 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance relating to blasting and explosives. Proof of
publication was entered into the record. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
read by title only. Motion carried unanimously. Fred
Tittle, attorney, addressed the Board concerning the pro-
posed Ordinance. Dr. James Miller of Port Pine Heights
Property Owners Association and Ronnie Gilman of Upper Keys
Marine Construction also addressed the Board. Motion was
made by Commissioner Puto and seconded by Commissioner
Freeman to continue the Public Hearing to the next meeting
and requesting Staff, property owners, and Post, Buckley,
Schuh & Jernigan to meet and discuss the provisions of the
proposed Ordinance. Motion carried unanimously.
SOUNDING BOARD FOR PUBLIC INPUT
Tim Thompson, attorney representing Robert
McGuigan, addressed the Board concerning the Application for
JJ 0 1 1
--
variance to the Flood Hazard Ordinance of Robert McGuigan
for the construction of a 30 square foot addition below the
100-Year Flood Elevation for addition to bath (5ll3 square
foot existing structure, 30 square foot proposed structure,
existing structure built in 1977) on Lot 3, Block 1, Snapper
Point, East Snapper Point Drive, Key Largo; Zoned IS -
Improved Subdivision: Coastal Flood Zone V-l6, Panel 0658E.
Motion was made by Mayor Hernandez to approve the .
Application for Variance. Motion died for lack of a second.
Motion was then made by Commissioner Lytton and seconded by
Commissioner Freeman to accept the recommendation of the
Building Official and deny the Application for Variance.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
Yes
No
No
Motion carried.
Dr. David Rice, Executive Director of the Guidance
Clinic of the Middle Keys, Inc., addressed the Board con-
cerning a request for additional funding for the
Transportation Contract and Baker Act Contract. Motion was
made by Mayor Hernandez and seconded by Commissioner Puto to
authorize the transfer from Contingency of $1,800.00 to the
Baker Act Transportation Budget. Motion carried unani-
mously. Motion was then made by Mayor Hernandez and
seconded by Commissioner Puto to authorize the transfer
from Contingency of $2,700.00 to the Baker Act Budget. Roll
call vote was unanimous.
--
Edward Seebol, Administrator of AIDS Help, Inc.,
made a presentation concerning a request for funding. No
action.
Mary Jo Decker of the Big Pine Athletic Association
addressed the Board. Motion was made by Commissioner Lytton
and seconded by Commissioner Freeman to aprove road closure
for the following three upcoming athletic events being spon-
sored by the Big pine Athletic Association:
Saturday, September 19, 1987 - Pentathlon
Closure of both lanes of Key Deer Boulevard from New Access
Road North to Watson Boulevard from 8:00 a.m. to 10:30 a.m.
Sunday, October 18, 1987 - Big Pine Biathlon
Closure of one lane of traffic along Key Deer Boulevard from
New Access Road North to Watson Boulevard, East along Watson
to Wilder Road and South on New Access Road to Key Deer
Boulevard from 1:00 p.m. to 4:30 p.m.
--
Sunday, January 19, 1988 - 2nd Annual Big Pine Bike Classic
Both lanes of Key Deer Boulevard from New Access Road North
to Watson from 1:00 p.m. to 3:00 p.m. and from 4:00 p.m. to
5:00 p.m. and closure of the abovementioned loop from 3:00
p.m. to 4:00 p.m.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Hernandez discussed the creation of the new
position of Assistant General Supervisor for Library
Services in the Upper Keys. Marianne Lancaster, Library
JJ 0 1 2
Director, the County Administrator, and Alice Skinger of the
Library Board addressed the matter. No action was taken.
PLANNING, BUILDING & ZONING
Lloyd Good, Jr. addressed the Board regarding the
Building Permit he has applied for regarding an 80-unit R.V.
Park on Saddlebunch Key and the amount of impact fees due
the County as a condition of this Permit. He requested that
the payment of the fees be delayed until the Certificate of
Occupancy is granted on the project. Motion was made by
Commissioner Lytton and seconded by Commissioner Puto to
approve the request of Lloyd A. Good, Jr. to delay the
payment of $34,920.00 in impact fees until the Certificate
of Occupancy is granted on the 80-unit R.V. Park on
Saddlebunch Key. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
Yes
No
Yes
Motion carried.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, discussed and
requested approval of a lease for the property at l3l5
Whitehead Street. Fred Manillo, Vice Chairman of the
Florida Keys Council on Handicapped, addressed the Board
concerning the lack of facilities for the handicapped at
that location. Motion was made by Commissioner Freeman and
seconded by Commissioner Lytton to adopt the following
Resolution approving and authorizing the Mayor and Chairman
of the Board to execute a Lease Agreement by and between the
County and Mrs. Arthur Mulberg for the purpose of leasing
property located at 1315 Whitehead Street, Key West, for use
as County office space. Roll call vote was unanimous.
RESOLUTION NO. 3l0-l987
See Res. Book No. 60 which is incorporated herein by
reference.
The Board began the interviews and selection pro-
cess for the Director of Planning. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
rank the candidates for the position of Planning Director
with the highest ranking individual receiving the Number One
Vote and, therefore, the lowest point total. Motion carried
unanimously. The Board interviewed Donald Leland Craig,
V. C. Seth and John L. Schlegel. The Board proceeded to
ballot and following is a tabulation of the results:
Comm. Comm. Comm. Comm. Mayor
Freeman Lytton Puto Stormont Hernandez Total
Craig 1 1 1 3 2 8
Schlegel 3 3 2 1 1 lO
Seth 2 2 3 2 3 l2
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After the tabulation, the Clerk announced that Mr. Craig was
the first selection with a total of eight points1 Mr.
Schlegel was second with ten points1 and Mr. Seth had
received twelve points. Motion was made by Commissioner
Puto and seconded by Commissioner Freeman authorizing the
selection of Donald Leland Craig as Planning Director and
directing the County Administrator and the County Attorney
to negotiate a contract to be returned to the Board for
their approval, with a salary range of $40,000.00 to
$50,000.00 per year. Roll call vote was unanimous.
PUBLIC WORKS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to approve the request for
authorization to advertise for competitive bids for
Janitorial Services at the J. Lancelot Lester Justice
Building. Motion carried unanimously.
PLANNING, BUILDING & ZONING
William Selby, representing the developer of
Plantation Point, addressed the Board. Motion was made by
Mayor Hernandez and seconded by Commissioner Puto to
authorize an extension of sixty days for completion of the
Plantation Point improvements as specified on the plat
adopted by Resolution No. 242-1986. Motion carried unani-
mously.
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Mr. Pattison discussed the Board's previous action
on the Lower Keys Commercial Fishing List. Motion was made
by Commissioner Lytton and seconded by Commissioner Freeman
directing Mr. Pattison and Commissioner Stormont to work on
the Lower Keys Commercial Fishing List and prepare it for
final form to return for the Board's consideration at the
August 18th meeting. Roll call vote was unanimous.
Mr. Pattison then discussed the need for an amend-
ment to the Occupational License Ordinance for Commercial
Fishing Residential. Motion was made by Commissioner
Freeman and seconded by Commissioner Puto to authorize the
County Attorney to prepare an Ordinance designating the
Commercial Fishing Residential Occupational License. Motion
carried unanimously.
Bob Herman, Building Official, discussed a request
from K Mart Corporation for the issuance of a Temporary
Certificate of Occupancy for their Development Project in
Key Largo. Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the issuance of a
Temporary Certificate of Occupancy to K Mart Corporation for
their Development Project 19614 on U.S. iI, MM 101.5, in Key
Largo, contingent upon written directions from the Planning
Department to Jack W. Mitchell of K Mart Corporation's
Construction Department setting forth the conditions of the
Certificate. Roll call vote was unanimous.
,-~-
Mr. Herman discussed the problem between the City
of Key West and the County concerning license reciprocity as
discussed by the Contractors Licensing Board. Motion was
made by Commissioner Puto and seconded by Commissioner
Stormont directing Bob Herman, County Building Official, to
work with the Contractors Licensing Board and the City of
Key West to arrive at a resolution to the problems of
license reciprocity. Motion carried unanimously.
Commissioner Puto discussed a letter concerning the
JJ 0 1 4
placement of a veterinary clinic and kennel in the Marathon
area. Mr. Pattison addressed the Board. No Board action
was taken.
COUNTY ADMINISTRATOR
The County Administrator discussed a request from
the Census Bureau for the appointment of a liaison from
Monroe County to review census estimates. Motion was made
by Commissioner Stormont and seconded by Commissioner
Freeman to appoint the Supervisor of Elections to serve as
the Monroe County liaison with the Census Bureau concerning
estimates. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to accept the voluntary employment
of Johnny Mayne as a Code Enforcement Inspector for
Handicapped Requirements and authorizing the payment of tra-
vel in accordance with the provisions of Florida Law. Roll
call vote was unanimous.
Mr. Brown advised the Board that there was a delay
in negotiations with Langton & Company concerning services
to be provided in the area of grants, but that the nego-
tiations would continue.
Commissioner Puto discussed the conflict of a
meeting scheduled for August 12th concerning Maps and the
United Way Kick-Off. No action was taken.
Motion was made by Commissioner Freeman and
seconded by Commissioner Lytton to authorize payment of the
following invoices:
1. Fly, Shuebruk, Gaguine, Boros & Braun, in the
amount of $990.48 for services rendered through
May 31, 1987 in re Translators.
2. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $54,959.26 for Road Work through
June 26, 1987.
3. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $6,405.55 for Invoice No.3, White
Street Pier.
4. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $322.12 for Invoice No.4 (Final),
Monroe County Storage Tank Inspection.
5. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $237.22 for Invoice No.9, Plantation
Key Government Center (2nd Floor Addition).
6. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,062.00 for Invoice No.3, Jerry
Ellis Building, 2nd Floor Interior Finishes.
7. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $491.00 for Invoice No. 46, Jackson
Square Criminal Justice Building.
8. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $191.19 for Invoice No.7, Plantation
Key Government Center Wastewater Treatment
Plant.
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9. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $9,772.60 for Invoice No.1, 3rd
Floor Jail Interior Finishing.
10. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $6,439.50 for Invoice No.1, Clerk's
Space and Judge's Chamber Conversion.
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11. C & M Electronics Co., in the amount of
$3,199.73 for services through July 16, 1987
regarding the Translator System.
12. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $125.30 for Invoice No.5, Higgs
Beach Pier Permitting.
13. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $126.03 for Invoice No.4, Harry
Harris Park Ballfield Lighting.
14. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $2,619.78 for Invoice No.3, Harry
Harris Park Improvements.
Motion carried unanimously.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to approve the following Budget
workshop Schedule:
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August 5, 1987
9:00 a.m.
9:20 a.m.
9:40 a.m.
10:10 a.m.
10: 20 a.m.
10: 40 a.m.
11:00 a.m.
11:30 a.m.
1:00 p.m.
2:00 p.m.
3:30 p.m.
3:45 p.m.
4:00 p.m.
4: 30 p.m.
310 Fleming Street - Key West
County Clerk
Public Defender
Supervisor of Elections
State Attorney
County Courts
Tax Collector
Property Appraiser
County Attorney
Municipal Services District
Audit Board Meeting
Medical Examiner
Board of County Commissioners
County Administration/Fiscal
Management
Data Processing
..--
August 6, 1987
9:00 a.m.
9:30 a.m.
10:00 a.m.
1:00 p.m.
1:45 p.m.
3:00 p.m.
3:20 p.m.
3:45 p.m.
4:15 p.m.
4:30 p.m.
City Hall - Key Colony Beach
Planning
Building
Public Works and Roads
Library Services
Emergency Services
Fire Marshall
Civil Defense
Code Enforcement
Safety
Personnel (Administrative
Services)
August 7, 1987
9:00 a.m.
9:20 a.m.
10:10 a.m.
10:40 a.m.
11:10 a.m.
11:30 a.m.
City Hall - Key Colony Beach
Extension Service
Social Services
Airports
Card Sound Bridge
Veterans Affairs
Translator
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August 10, 1987
9:00 a.m.
11:00 a.m.
1:30 p.m.
City Hall - Key Colony Beach
Sheriff
Capital Projects
Capital Equipment
Self-Insurance Program
Employee Benefit Package
City Hall - Key Colony Beach
Non-Profit Agencies
Reserves and Contingencies
District No. 2 Board
August 7, 1987 (cont.)
1:00 p.m.
2:00 p.m.
2:30 p.m.
3:00 p.m.
3:30 p.m.
Motion carried unanimously.
The Board discussed the Joint City/County
Commission Meeting. Motion was made by Commissioner Freeman
and seconded by Commissioner Puto to re-schedule the Special
Meeting of August 14th originally set for 5:00 p.m. for the
purpose of certifying millage to the Property Appraiser to
2:00 p.m. on the same date. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Stormont to adopt the following Resolution
providing for the use of excess funds from the Marathon
"Rock" Community Development Block Grant Project. Motion
carried unanimously.
RESOLUTION NO. 311-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Motion was made by Mayor Hernandez and seconded by
Commissioner Freeman to authorize execution of the 1987/88
J.T.P.A. Liaison Contract by and between Monroe County and
the South Florida Employment and Training Consortium,
Contract No. 2-PY'87-6-00. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Freeman to approve the advertisement of the
RFP for the Monroe County Personnel Information System.
Motion carried unanimously.
Motion was made by Mayor Hernandez and seconded by
Commissioner Freeman to postpone for two weeks consideration
of the request to make application to DCA for a $50,000.00
Grant to provide assistance for the U.S. 1 Homeowners
Association in making application under the Farmworker
Housing Assistance Trust Fund regarding the acquisition of
the property known as the Pearl Trailer Park in Stock
Island. Motion carried unanimously.
AWARDING BIDS
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board and advised that only one bid had been
received for the Big Coppitt Roads I Roadway Improvements
Project. Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to accept the recommendation of
staff and award the bid for the Big Coppitt Roads I Roadway
Improvements Project to The Brewer Company utilizing
Thermoplastic in the amount of $364,045.82. Motion carried
unanimously.
Mr. Harris advised that only one bid had been
received for the Emergency Generation System for the Card
Sound Toll Facility and recommended rejection of the bid
received from Southern States Electric, Inc. Motion was
JJ 0 1 7
made by Commissioner Puto and seconded by Commissioner
Freeman to accept the recommendation of staff to reject the
bid from Southern States Electric, Inc. for the Emergency
Generation System for the Card Sound Toll Facility and allow
County forces to install the generator at an approximate
cost of $7,000.00. Roll call vote was taken with the
following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
Yes
No
Yes
Motion carried.
The County Addministrator advised that only one bid
had been received for the 600 and 614 Whitehead Street pro-
perty from B. G. Carter as follows:
1) as a cash sale, the sum of $500,000
($235,000 for 600 Whitehead and
$265,000 for 614 Whitehead) or
2) as an Agreement for Deed, the sum of
$610,000 ($300,000 for 600 Whitehead
and $310,000 for 614 Whitehead)
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The County Attorney advised that in his opinion, the bid was
not responsive to the Notice. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to reject the bid received from B. G. Carter for the pro-
perty and 600 Whitehead and 614 Whitehead. Mr. Carter
addressed the Board. Motion was made by Mayor Hernandez and
seconded by Commissioner Lytton to postpone this item for
further consideration until August 18th. Roll call vote was
taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
Yes
No
Yes
Motion carried.
The Clerk advised the Board that no bids had been
received for the three lots in Cudjoe Gardens. Commissioner
Lytton discussed the contiguous nature of the lots that were
conveyed to the County and asked that the matter be referred
to the County Attorney. Motion was made by Commissioner
Lytton and seconded by Commissioner Puto to refer the matter
of the three lots in Cudjoe Gardens to the County Attorney.
Roll call vote was unanimous with Commissioner Freeman not
present.
COUNTY ATTORNEY
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Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to adopt the following Resolution
approving the employment of the law firm of Floyd Pearson
Richman Greer Weil Zack & Brumbaugh to represent Monroe
County, the seven County Commissioners and the County
Attorney who are Defendants in that Federal lawsuit filed in
the Federal District Court of the Southern District of
Florida, Case No. 87-l0043-CIV-King, and setting forth the
conditions thereof. Motion carried unanimously.
JJ 0 1 8
RESOLUTION NO. 312-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton approving the employment of the law
firm of Morgan and Hendrick to represent those former Zoning
Board members who are defendants in that Federal action
brought against them in the Federal District Court for the
Southern District of Florida, Case No. 87-l0043-Civ-King,
and setting forth the conditions thereof. Roll call vote
was unanimous with Commissioner Stormont not present.
RESOLUTION NO. 313-1987
See Res. Book No. 60 which is incorporated herein by
reference.
The Clerk advised the Board that the section of the
proposed Agreement with Attorney Robert Floyd concerning the
advancing of $5,000.00 for expenses prior to those expenses
being incurred would probably be in violation of the pre-
audit requirements of Florida Statutes concerning the
expenditure of public funds. This matter was referred to
the Clerk and the County Attorney for resolution.
COMMISSIONERS' ITEMS
Commissioner Puto discussed the law passed by the
1987 Legislature concerning a referendum for creation of an
independent special district to provide indigent health
care, with the authority to levy up to 5 mills.
There being no further business, the meeting was
adjourned.
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