08/18/1987 Special
JJ 041
Regular Meeting
Board of County Commissioners
Tuesday, August 18, 1987
Key West
,---
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in Courtroom B at the Key West Courthouse. Present and
answering to roll call were Commissioner William Freeman,
Commissioner Eugene Lyt~on, Commissioner Michael Puto,
Commissioner John Stormont, and Mayor Jerry Hernandez, Jr.
Also present were Danny L. Kolhage, Clerk; Rosalie L.
Connolly, Deputy Clerk; Lucien Proby, County Attorney; Torn
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.
Mayor Hernandez recognized Sheriff Freeman and
Mayor "Mickey" Feiner from the audience.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
On behalf of the Board of County Commissioners,
Sheriff Freeman presented an award to vincent and Wilver
Drost in recognition of their contributions to the County.
Mr. Drost addressed the Board.
The County Administrator presented a plaque to the
Employee Of The Month for the month of June, Leland
Tipperman, Chore Worker for In-Horne Services.
The Board unanimously agreed to accept the
following appointments to the Commission On The Status Of
Women:
Commissioner Freeman: Pat Bonner
Gloria Sellers
Florence Rosasco
Commissioner Puto: Sylvia Montgomery
Trula Motta
Commissioner Stormont: Sharon Macut
Evelyn Deaton
Commissioner Puto discussed the necessity of hurri-
cane shelters on public buildings. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
direct the County Attorney to research alternate ways to
make the installation of hurricane shutters on public
buildings mandatory. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to make the following appoint-
ments to the Fine Arts Council:
Truman Brackett
Jeff Overby
3-year term
I-year term
Upper Keys
Lower Keys
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Motion carried unanimously.
Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to reappoint William L. Osterhoudt to the
District II Alcohol, Drug Abuse, Mental Health Planning
Council for a two-year term. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to authorize travel for any Commis-
sioner to the USS Key West commissioning ceremonies in
Norfolk, Virginia on September 12th. Motion carried unani-
mously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Freeman to appropriate $3,000.00 out of
Contingency for the permitting process with DER and the Army
Corps of Engineers regarding the flow-through structure at
White Street Pier. Bob Harris of Post, Buckley, Schuh &
Jernigan addressed the Board. 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.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to accept Commissioner
Stormont's appointment of L. Bob Smith, General Manager of
the Sheraton Key Largo Resort, to one of the District Five
seats on the Tourist Development Council. Motion carried
unanimously.
Commissioner Stormont discussed extension of the
5th and 6th Cent Gas Tax. The County Attorney was directed
to research this matter and report back to the Board later
in the day.
Commissioner Freeman discussed the Sheriff's move
into the J. Lancelot Lester Building. Bob Harris addressed
the Board. Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to accept the County
Engineer's recommendation to allow the Sheriff to begin his
move into the J. Lancelot Lester Building, subject to the
contractor's correction of the "Punch List" items, and to
grant permission to the Sheriff to occupy after acceptance
of building. Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to approve the following items by
unanimous consent:
Board authorized the removal of one Multi-Graph Duplicator,
Number 6212-556, from Monroe County Key West Library's
inventory.
Board authorized payment, subject to final invoice approval
by the Finance Department, of TDC expenditures in the amount
of $135,450.13.
Board authorized execution of two Term Plan Agreements,
Contract No. 0145354049, Order #906206164, with AT&T
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Information Systems Inc. for Upper Keys Building Department
telephones.
Board authorized the removal of the following equipment from
Social Services inventory:
Old Navy Hospital Beds - Up to 66 beds
Bayshore Manor - Standard beds, up to 40
beds
Bayshore Manor - Shutter doors, up to 20
shutters
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Egan Adams for the construction of a 2080 square foot
commercial building to be built below the 100-Year Flood
Elevation on Lots 47, 48, 49, 50, Block 14, Lake Surprise
Estates, US #1, Key Largo; Zoned SC - Suburban Commercial;
Coastal Flood Zone V-16, Panel 0842C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Robert Ballerino for a 660 square foot enclosure below
the existing single-family residence on Lot 47, Block l,
Summerland Cove Isles, Addition '6, Summerland Key; Zoned
IS - Improved Subdivision; Coastal Flood Zone V-l2, Panel
l5l2D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Arthur Eichner for the construction of a 24 x 24 garage
to be built below the 100-Year Flood Elevation on Lot 21,
Block - Section C, Sugarloaf Shores, Sugarloaf Key; Zoned
IS - Improved Subdivision; Coastal Flood Zone A-lO, Panel
l493C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Robert P. Goetz for a 620 square foot enclosure below the
existing single-family residence on Lot 28, Block 1,
Flamingo Island Estates, Boot Key; Zoned IS - Improved
Subdivision; Coastal Flood Zone A-13, Panel l579C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Neal E. Graham for a 320 enclosure of existing screened
room and 120 square foot addition, both to be built below
the 100-Year Flood Elevation, on Lot 24, Harbor Shores,
Maloney Avenue, Stock Island; Zoned URM - Urban Mobile Home
Residential; Coastal Flood Zone V-l2, Panel 1728C.
~---
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Boyd Hamilton for a 12 x 22 addition to the existing
single-family residence (existing structure is 1750 square
feet, built in 1974) on Blocks 44 & 45, Maloney, S94l
Maloney Avenue, Stock Island; Zoned RV - Recreational
Vehicle; Coastal Flood Zone V-12, Panel l728C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Jack D. Hurt for the construction of a 25 x 40 building
for storage below the 100-Year Flood Elevation on Tracts A &
B, Valhalla Island, End of Banana Boulevard, Crawl Key;
Zoned DR - Destination Resort; Coastal Flood Zone V-17,
I
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Panel 160lC.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Harry B. Rearic for an additional 169 square foot enclo-
sure below the single-family residence under construction
(applicant has permit for 299 square foot enclosure) on
Lot 16, Atlantis, Hollerich Drive, Big Pine Key; Zoned
IS - Improved Subdivision; Coastal Flood Zone V-12,
Panel l536C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of San Pedro Catholic Church for the construction of a 6434
square foot Parish Hall to be built below the 100-Year Flood
Elevation on ALL that part of the North 700 feet of
Government Lot 6, Off US #1, Plantation Key; Zoned SR -
Suburban Residential; Coastal Flood Zone V-13, Panel l13lC.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Richard C. Cerino for an additional 299 square foot
enclosure under the existing duplex (299 square feet
existing under one side of duplex) on Lot l, Block 5,
SeaAir Estates, David Lane, Key Vaca; Zoned IS - Improved
Subdivision; Coastal Flood Zone V-l7, Panel l58lC.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Southern Bell for 532 square feet of two storage rooms
for equipment on Lots 7 thru 11, Block 2, Coco Plum Beach,
Fat Deer Key; Zoned CFSD-3 - Commercial Fishing Special
District #3; Coastal Flood Zone A-13, Panel l528C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Robert T. Stukes for a 575 square foot enclosure - for
parking and storage - below the existing single-family resi-
dence on Lot 15, Block 7, Pine Channel Estates, Forrestal
Avenue, Big Pine Key; Zoned IS - Improved Subdivision;
Coastal Flood Zone V-12, Panel l536C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of John W. Wise for an 875 square foot enclosure - for
storage only - below the existing single-family residence
on Lot 33, Block 4, Pine Channel Estates, Flying Cloud Road,
Big Pine Key; Zoned IS - Improved Subdivision; Coastal Flood
Zone V-l2, Panel l536C.
Motion carried unanimously.
COUNTY ATTORNEY
Lucien Proby, County Attorney, discussed the bid
received from B. G. Carter on the Whitehead Street Property.
Motion was made by Commissioner Freeman and seconded by
Commissioner Puto to reject the bid received from B. G.
Carter on the Whitehead Street property. Motion carried
unanimously. The Chair moved as out of order a previous
motion regarding the County Administrator's recommendation
to renovate the building at 600 Whitehead street.
Commissioner Stormont challenged the Chair. The Chair
refused to recognize the challenge. Motion was then made by
Commissioner Lytton and seconded by Mayor Hernandez to
direct the County Attorney to prepare and advertise a
Request For Proposals for 600 Whitehead Street for a lease
JJ 045
arrangement with parameters of renovation and restoration
and the right to purchase at the end of two years. 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 County Attorney brought the Board up to date on
the North Port Largo lawsuit and advised that he would be
issuing reports to them approximately every two weeks.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to adopt the following
Resolution rescinding Resolution Nos. 35l-1986, 381-1986,
093-l987, 108-1987, 109-l987 and 110-l987, which pertain to
changes in land use designations under Section l3-l0lE of
the Monroe County Land Development Regulations. Motion
carried unanimously.
RESOLUTION NO. 3l4-l987
See Res. Book No. 61 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to adopt the following Resolution
authorizing the Mayor and Chairman of the Board to execute
an Interlocal Agreement by and between the County of Monroe
and the City of Key West, in re: Funding for School
-- Crossing Guards. Motion carried unanimously.
RESOLUTION NO. 315-1987
See Res. Book No. 6l which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to adopt the following Resolution
authorizing the Chairman of the Board to execute a
Settlement Agreement by and between Mark Bartecki and Lynn
Kephart and the Florida Department of Community Affairs con-
cerning settlement of the Department of Community Affairs'
appeal of Monroe County Zoning Board Resolution Me 1-84 con-
cerning the project known as "Spoonbill Sound." Motion
carried unanimously.
RESOLUTION NO. 316-1987
See Res. Book No. 61 which is-rncorporated herein by
reference.
--
Motion was made by Commissioner Lytton and seconded
by Commissioner Freeman to adopt the following Resolution
authorizing the Mayor and Chairman of the Board to execute
an Interlocal Agreement by and between Monroe County and the
City of Key West concerning expenditures for an infor-
mational campaign to promote a general sales tax referendum
on the October 6, 1987 ballot.
RESOLUTION NO. 317-1987
See Res. Book No. 61 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
!
JJ 046
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
Yes
Yes
No
Motion carried.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to adopt the following
Resolution authorizing the Mayor and Chairman of the Board
to execute a Joint Participation Agreement by and between
the County of Monroe and the City of Key West, in re:
Funding for the Community Pool located in Key West. Motion
carried unanimously.
RESOLUTION NO. 318-1987
See Res. Book No. 61 which is incorporated herein by
reference.
MUNICIPAL SERVICES DISTRICT
Charles Aguero, MSD Manager, addressed the Board.
After discussion, the Board agreed to hold an MSD Workshop
at 1:00 p.m. on August 26th at Key Colony Beach.
Fred Tittle addressed the Board and requested a
postponement until later in the day for his discussion con-
cerning extensions of the Garbage Franchise Agreements.
AIRPORTS
Art Skelly, Airport Manager, addressed the Board.
A discussion of a proposed Air Show at Key West Inter-
national Airport was deferred until later in the day.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto adopt, subject to an Extension
of Lease Agreement, the following Resolution authorizing the
Chairman of the Board to execute an Addendum by and between
Avis Rent A Car System, Inc. and Monroe County concerning
premises located at the Key West International Airport.
Motion carried unanimously.
RESOLUTION NO. 319-1987
See Res. Book No. 6l which is incorporated herein by
reference.
Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to accept the recommendation of the
Airport Manager and adopt the following Resolution
authorizing the Chairman of the Board to execute an Airport
Agreement by and between Monroe County and Fixaire, Inc.
concerning aircraft charter service at the Marathon
Airport.
RESOLUTION NO. 320-1987
See Res. Book No. 6l 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
Yes
Yes
Yes
No
Yes
JJ 047
Motion carried.
ENGINEERING
,.....-
Bob Harris, Consulting Engineer, addressed the
Board. Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to accept the recommendation of the
Consulting Engineer and authorize execution of a Change
Order to Frank Keevan & Son, Inc. for a 45-day time exten-
sion on the Garrison Bight Bridge Project. Motion carried
unanimously.
After discussion, motion was made by Mayor
Hernandez and seconded by Commissioner Freeman to adopt the
following Resolution concerning the execution of Grant
Applications with the Department of Natural Resources
regarding the Higgs Beach Pier. Motion carried unanimously.
RESOLUTION NO. 321-1987
See Res. Book No. 61 which is incorporated herein by
reference.
MUNICIPAL SERVICES DISTRICT
Fred Tittle, attorney, addressed the Board on
behalf of the following Garbage Franchisees: Bland
Disposal, Marathon Garbage, Island Disposal, and Keys
Sanitary Service. Mr. Tittle requested the Board to con-
sider new five-year Franchise Agreements beginning January 1,
1988. After a lengthy discussion, motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to postpone consideration of this request until January of
1988. Roll call vote was taken with the following results:
--
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
No
No
Yes
No
Motion failed. Motion was then made by Commissioner Puto
and seconded by Commissioner Lytton to agree to the exten-
sion of the Franchise Agreements and instruct the County
Attorney to prepare proper safeguard clauses and bring back
to the Board for review. 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.
AIRPORTS
-
Jim Souder of Conch Classic Air Tours addressed the
Board concerning his request for an Air Show to be held at
Key West International Airport on Saturday, November 28th,
with a rain date for Sunday, November 29th. After a lengthy
discussion, motion was made by Commissioner Lytton and
seconded by Commissioner Puto to instruct the County
Attorney, the County Administrator, and the Airport
Director to meet with representatives of Conch Classic Air
Tours to work up an Agreement regarding the Air Show to be
held at Key West International Airport and bring back to the
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Board for review.
Roll call vote was unanimous.
EXTENSION SERVICES
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
approving the State of Florida Department of Natural
Resources Boating Improvement Fund Project Application for
the project known as Bibb and Duane Artificial Reef. Motion
carried unanimously.
RESOLUTION NO. 322-1987
See Res. Book No. 6l which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
authorizing the Extension Director of the Florida
Cooperative Extension Service to make application for a
Derelict Vessel Removal Grant. Motion carried unanimously.
The Board directed the County Administrator and the
Extension Director to research the possibility of
strengthening the County Ordinance.
RESOLUTION NO. 323-1987
See Res. Book No. 61 which is incorporated herein by
reference.
LIBRARY
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to authorize the transfer of
$6,000.00 for the Library as follows:
FROM ACCOUNT NUMBER
290000-584-990
LINE ITEM
Reserve Contingency
TO ACCOUNT NUMBER
260002-571-461
Maint. of Buildings
Motion carried unanimously.
PUBLIC WORKS
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to authorize execution of Change Order
No. 1 to General Asphalt Company for Middle Keys Roads I
Project in the increased amount of $387.04. Motion carried
unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to accept the recommen-
dation of the Public Works Director and approve the
installation of four lights, two each in both the northbound
and southbound lanes, at the Key Largo Elementary School
crossing at an estimated cost of $500.00. Motion carried
unanimously.
SOCIAL SERVICES
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to accept the recommendation of the
Social Services Director and adopt the following Resolution
authorizing the Mayor to execute an Agreement for Frozen
Food Storage between City Fish, Inc. and Monroe County.
JJ 049
RESOLUTION NO. 324-1987
See Res. Book No. 61 which is incorporated herein by
reference.
PLANNING, BUILDING & ZONING
-
Charles Pattison presented to the Board a letter
from the Florida Department of Community Affairs advising
that the second grant payment of $362,500.00 should be
received between September 1st and 4th.
After discussion, motion was made by Commissioner
Stormont and seconded by Commissioner Lytton to add the
following two names to the Lower Keys Commercial Fishing
Registration List:
Peter Reynolds, Lot l4, Block 24, Eden
Pines Colony, 3rd Addition, IS (ACCC)
District, formerly RU-l, application
submitted on July 23, 1987.
Robert E. Lewis, Jr., Route 2, Box 38,
Summerland Key, on Lot 245, Venture
Out, URM District, formerly RU-8, left
off Commissioner Stormont's list as
revised.
Motion carried unanimously.
Bob Herman addressed the Board and advised of
receipt of the following proposals for furniture at the
Plantation Key office:
,...-
Thomas W. Ruff & Co.
of Florida, Inc.
$l2,356.00
$16,622.70
Monroe Office Supply
Motion was made by Commissioner Freeman and seconded by
Commissioner Puto to award the proposal for furniture at the
Plantation Key office to Thomas W. Ruff & Co. of Florida,
Inc. in the amount of $l2,356.00. Motion carried unani-
mously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to add to the Agenda con-
sideration of acceptance of the Jerry Ellis Building.
Motion carried unanimously. Motion was then made by
Commissioner Stormont and seconded by Commissioner Freeman
that upon compliance with all procedures and processes, the
Jerry Ellis Building be accepted and permission to occupy be
granted. Motion carried unanimously.
Michael Halpern, Special Counsel, addressed the
Board. Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to direct Mr. Halpern to attend the Map
Change Hearings. Motion carried unanimously. Gil
Backenstoss of the local DCA office addressed the Board.
The County Attorney was directed to turn over to Mr.
Backenstoss for hand delivery to the Tallahassee DCA office
copies of all of Mr. Halpern's proposed contracts and revi-
sions. After discussion of the monies due to Mr. Halpern,
motion was made by Commissioner Freeman and seconded by
Commissioner Puto to instruct the Building Official to pre-
pare a Budget Amendment to account for these monies and to
bring such Budget Amendment to the Budget Hearing on
September 18th. Roll call vote was taken with the following
JJ 050
results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
Yes
No
Yes
Motion carried.
Motion was made by Commissioner Lytton and seconded
by Commissioner Freeman to accept the recommendation of the
Planning Director and adopt the folowing Resolution
approving the correction of scrivener's errors and omissions
in the County's Land Development Regulations pursuant to
Section l3-30l(E) of those Regulations pertaining to Section
9-2l7(L). Motion carried unanimously.
RESOLUTION NO. 325-l987
See Res. Book No. 61 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to accept Vested Rights Applications
from Joseph Farrugia and Frank Mullen and to direct Staff to
assign hearing officers. Motion carried unanimously.
The Board recessed for lunch.
*
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*
*
*
The Board reconvened at 1:45 p.m. with all members
of the Board present.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Freeman and
seconded by Commissioner Lytton to authorize the County
Administrator to initiate contract negotiations with AT&T
for 1315 Whitehead Street. Motion carried unanimously.
Tom Brown, the County Administrator, advised the
Board that he would be attending a Florida Beach and Shore
Preservation Conference on August 19th through August 21st
and that Michael Managan, Assistant County Administrator,
would be operating in his place.
After discussion, motion was made by Mayor
Hernandez and seconded by Commissioner Lytton to authorize
the expenditure of $2,500.00 to upgrade the public address
systems in the Courthouses. Motion carried unanimously.
The Board instructed the County Attorney to
research liability insurance coverage of Contract Employees.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to authorize payment of the following
invoices:
l. Stephens, Lynn, Chernay & Klein, in the amount
of $57.98, for services rendered 4/1/87 through
6/30/87 in re Ashe v. Northwest Insurance.
2. Frank Keevan & Son, Inc., in the amount of
$39,957.00, for Final Payment for Installation
of Day Beacons, Six Projects.
JJ 05 1
3. Frank Keevan & Son, Inc., in the amount of
$5,120.00, for Final Payment for Installation
of Day Beacons at Layton Channel.
4. Frank Keevan & Son, Inc., in the amount of
$3,477.00, for Final Payment for Installation
of Day Beacons at Toppino Channel.
-
5. Key West Citizen, in the amount of $2l1.35,
for two invoices for advertising Day Beacon
Projects.
6. Key West Citizen, in the amount of $l42.00,
for two invoices for advertising Day Beacon
Projects.
7. Key West Citizen, in the amount of $300.00,
for two invoices for advertising Day Beacon
Projects.
8. Risk Control Associates, Inc., in the amount
of $1,338.75, for Insurance Consulting Services
for the month of July, 1987.
9. Public Financial Management, Inc., in the
amount of $3,005.63, for Financial Advisory
Services for the period from 6/16/87 through
7/15/87.
10. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $3,331.41, for Invoice No.2, Monroe
County Fire Wells Project.
".....~-
ll. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $1,059.43 for Invoice No.3, Monroe
County Fire Wells Project.
12. Post, Buckley, Schuh & Jernigan, Inc., in the
amount of $122.78 for Final Invoice, Monroe
County Fire Wells Project.
13. Fly, Shuebruk, Gaguine, Boros and Braun, in
the amount of $1,247.55, for services rendered
through June 30, 1987, re: TV Translators.
14. Michael Halpern, P.A., in the amount of
$27,062.50, for Special Counsel services
rendered 12/29/86 through 7/15/87.
15. Florida Keys Memorial Hospital, in the amount
of $1,234.99, for Medical Examiner expenses
for June, 1987.
16. Fishermen's Hospital, in the amount of
$l6,758.5l, for Medical Examiner expenses for
July, 1987.
Roll call vote was taken with thee following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
Yes
No
Yes
Motion carried.
JJ 052
The Board entered into a discussion concerning the
proposed Contract Agreement between Monroe County and
Donald L. Craig for the position of Director of Planning.
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton for each Commissioner to now place by
verbal indication his concerns for the County Administrator
and Mr. Craig to discuss this afternoon. Roll call vote was
taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
Yes
Yes
No
Motion carried.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
levying in all of Monroe County a One Cent Sales Tax on
taxes paid pursuant to Chapter 212, Laws of Florida; pro-
viding for the distribution of funds so collected among the
various municipalities and the County; providing that the
tax shall be collected commencing on January 1, 1988 for a
period of five years; providing for the expendit~re of the
funds collected on certain capital infrastructure projects,
the lives of which will exceed five years; providing that
the funds raised by this Ordinance shall not be used to
reduce ad valorem taxation or any user fees, including
impact fees; providing for the pledging funds so raised for
bonded indebtedness; providing for severability; providing
for inclusion in the Monroe County Code of Ordinances; pro-
viding for the repeal of all Ordinances or parts of
Ordinances in conflict with this Ordinance; and providing
for referendum approval before the Ordinance may take
effect. Proof of publication was entered into the record.
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to read by title only. Motion carried
unanimously. Charles Aguero, as a citizen and a County
Department Head, addressed the Board. Motion was made by
Commissioner Puto and seconded by Commissioner Stormont to
amend Section 2 of the proposed Ordinance to read "...and
shall sunset on December 31, 2003, "Roll call vote was
taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
No
Yes
Yes
No
Motion failed. Motion was then made by Commissioner Lytton
and seconded by Commissioner Freeman to adopt the following
Ordinance.
ORDINANCE NO. 029-1987
See Ord. Book No. 15 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
Yes
Yes
No
Yes
Yes
JJ 053
Motion carried.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton declaring an emergency exists and
waiving the requirements of advertising under the provisions
of Florida Statutes 125.66. Motion carried unanimously.
Motion was then made by Commissoner Puto and seconded by
Commissioner Freeman to adopt the following Ordinance
-- declaring that an emergency exists and waiving notice by
four-fifths vote; amending Ordinance Oll-l987 of Monroe
County; establishing rules and regulations at the Marathon
Airport and the Key West International Airport; providing
for severability; providing for repeal of all Ordinances or
parts thereof in conflict herewith; providing for incor-
poration into the Monroe County Code; and providing for an
effective date. There was no public input. Motion carried
unanimously.
ORDINANCE NO. 030-l987
See Ord. Book No. 15 which is incorporated herein by
reference.
Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to delay for sixty days the continued
Public Hearing on the proposed Ordinance repealing Section 2
of Ordinance No. 032A-1986. Motion carried unanimously.
A Public Hearing was then held on a proposed
Ordinance creating a Municipal Service Taxing Unit
<District) for the purpose of providing financing for the
provision of street lighting within certain Unincorporated
Areas of Monroe County; providing for District powers; pro-
viding for the levy of ad valorem taxation or special
-- assessments on a per lot basis; providing for restrictions
on the District's spending and taxing authority; providing
for a referendum on certain forms of indebtedness and for ad
valorem levies not to exceed two years which may cause total
District millage to exceed lO mills; providing for the
transfer of money collected pursuant to Ordinance No.
005-1983 if that is approved in a referendum election; pro-
viding for severability; providing for inclusion in the
Monroe County Code of Ordinances; providing for the repeal
of all Ordinances or parts of Ordinances in conflict
herewith; and providing for an effective date. Proof of
publication was entered into the record. Motion was made by
Commissioner Puto and seconded by Commissioner Lytton to
read by title only. Motion carried unanimously. There was
no public input. Commissioner Lytton directed that the
record show that the Tax Collector had indicated some con-
cerns about this Ordinance. After discussion with the
Clerk, motion was made by Commissioner Stormont and seconded
by Commissioner Puto to adopt the Ordinance as presented.
Motion carried unanimously.
ORDINANCE NO. 031-1987
See Ord. Book No. 15 which is-rncorporated herein by
reference.
Motion was then made by Commissioner Stormont and seconded
by Commissioner Lytton to adopt the following Resolution
requesting the Supervisor of Elections to conduct a referen-
dum election on March 8, 1988, for the establishment of a
Municipal Service Taxing Unit in Cross Key Waterway Estates
on Key Largo for the purpose of providing street lighting.
Motion carried unanimously.
JJ 054
RESOLUTION NO. 326-1987
See Res. Book No. 61 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
providing for the creation of a Pigeon Key Advisory
Authority; providing for membership and qualifications of
such Authority; providing for the organization of the
Authority; providing for the functions of said Authority;
providing for severability; providing for the repeal of all
Ordinances in conflict herewith; providing for incorporation
into the Monroe County Code; and providing for an effective
date. Proof of publication was entered into the record.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. Bill Daniels, Russ Teal, and Ed Hall addressed
the Board and spoke in favor of the proposed Ordinance.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 032-1987
See Ord. Book No. 15 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance amending Subsection (b) of Section 13-45, Monroe
County Code, further defining the term "Motorized Vehicles";
providing for severability; providing for inclusion in the
Monroe County Code of Ordinances; providing for repeal of
all Ordinances or parts of Ordinances in conflict herewith;
and providing for an effective date. Proof of publication
was entered into the record. Motion was made by
Commissioner Lytton and seconded by Commissioner Puto to
read by title only. Motion carried unanimously. There was
no public input. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to adopt the Ordinance.
ORDINANCE NO. 033-1987
See Ord. Book No. 15 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
Yes
Yes
Yes
No
Yes
Motion carried.
PLANNING, BUILDING & ZONING
Robert Schmeck addressed the Board concerning the
Building Official's denial of his Application for Variance
to the Flood Hazard Ordinance for the construction of a
ground floor restroom on Lot 77, Stirrup Key, Punta Del
Vientes, Key Vaca; Zoned IS - Improved Subdivision; Coastal
Flood Zone V-l7, Panel ls8lC. After discussion, the
Building Official was directed to have Mr. Schmeck meet with
FEMA representatives next month. Motion was made by Mayor
Hernandez and seconded by Commissioner Freeman to postpone
this matter until after the FEMA meetings in September and
directing the Building Official to bring back to the Board
for approval or denial at that time. Motion carried unani-
mously.
JJ 055
Bob Herman, Building Official, advised the Board
that John D. Whalton had requested withdrawal of his Flood
Variance Application for the complete remodeling, removal
and rebuilding of the existing structure from floor up on
Lot 10, Block 36, Crains Subdivision, Grassy Key; Zoned SC -
Suburban Commercial; Coastal Flood Zone V-17, Panel l289C.
Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to accept the withdrawal of John D.
Whalton's Flood Variance Application. Motion carried una-
nimously.
COUNTY CLERK
The Clerk addressed the Board concerning the selec-
tion of the County Audit Firm, presented a copy of the
rankings by the Audit Selection Committee, and discussed the
criteria regarding same. The Chairman ruled that five min-
utes would be given each of the candidates to make their
presentation to the Board. The following persons addressed
the Board:
Burt Emmer of Grant, Thornton
William Kemp of Kemp & Rosasco
Howard Frank of Price, Waterhouse
The Board ruled that the candidates for the County Audit
Firm would be ranked with the highest ranking individual
receiving the Number One Vote and, therefore, the lowest
point total. The Board then proceeded to ballot and
following is a tabulation of the results:
Comm. Comm. Comm. Comm. Mayor
Freeman Lytton Puto Stormont Hernandez Total
-
Grant,
Thornton 3 3 3 2 2 l3
Kemp &
Rosasco 1 1 1 3 1 7
Price,
Waterhouse 2 2 2 1 3 lO
After the tabulation, the Clerk announced that the firm of
Kemp & Rosasco was the first selection with a total of seven
points; Price, Waterhouse was second with ten points; and
Grant, Thornton was third with thirteen points. Motion was
made by Commissioner Puto and seconded by Commissioner
Freeman to accept the selection of Kemp & Rosasco as the
County Audit Firm and directing negotiations to take place
and brought back before the Board. Roll call vote was una-
nimous.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to approve the following items by
unanimous consent:
-
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Richard
Hellman, Ph.D., in the amount of $300.00; Mental Health Care
Center of the Lower Keys, in the amount of $100.00; Tanju T.
Mishara, Ph.D., in the amount of $150.00.
COURT-APPOINTED ATTORNEYS, John M. Davis, in the
JJ 056
amount of $473.501 J. Allison DeFoor, II, in the amount of
$124.751 Erol M. Vura1, in the amount of $531.35.
OTHER EXPENSES & COSTS, Timothy L. Hayes, D.O., in
the amount of $150.001 Harry L. Sawyer, Jr., in the amount
of $254.401 State of Florida, in the amount of $69.90.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $145.001 Christensen Reporting,
in the amount of $25.001 Florida Keys Reporting Service, in
the amount of $561.201 Nancy J. Ma1eske, in the amount of
$1,096.501 Terry Moran, Court Reporter, in the amount of
$70.501 Nichols & Hardy Court Reporters, in the amount of
$147.00.
COURT INTERPRETER SERVICES, Serafin Calero, in the
amount of $15.001 Irma Lopez De Pugh, in the amount of
$25.001 Elizabeth Diaz, in the amount of $85.001 Jorge
Morales, in the amount of $25.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $1,792.85.
Board approved the following Warrants:
GENERAL REVENUE FUND, #73921-#74283, in the amount
of $1,956,666.32.
GENERAL REVENUE FUND, Barnett Bank of Is1amorada,
167, in the amount of $2,142.05.
GENERAL REVENUE FUND, Marine Bank, #67, in the
amount of $2,142.05. ----
SUPPLEMENT TO GENERAL ,REVENUE FUND, #198-'199, in
the amount of $35,301:40. ----
FINE & FORFEITURE FUND, '617-#623, in the amount of
$1,034,936.47.-
AIRPORT OPERATION & MAINTENANCE FUND, '412-'413, in
the amount of $20,040.84.
ROAD & BRIDGE FUND, #458-'461, in the amount of
$135,499.~ - ----
MSD TAX DISTRICT, 1977-#978, in the amount of
$165,559.99. ---
MSD, Marine Bank, Marathon, #385-'387, in the
amount of-s35,102.24.
MSD, PLEDGED FUNDS, #92-#93, in the amount of
$200,000.00:-
LAW LIBRARY FUND, #206~1207, in the amount of
$1,883.75:--
CAPITAL PROJECTS FUND, #235-#239, in the amount of
$207,674.91.
CARD SOUND BRIDGE FUND, t183-'185, in the amount of
$9,592.41:---
WORKERS COMPENSATION, t2261-#2274, in the amount of
$11,907.62.
JJ 057
TOURIST DEVELOPMENT COUNCIL, 1424-t427, in the
amount of $379,904.77.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, #196-
#197, in the amount of $17,023.29.
TRANSLATOR FUND, #144-#145, in the amount of
$3,649.33.
--
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, '74-t77~n the amount of $188,683.60.
Board accepted and approved the Minutes of the following
meetings of the Board of County Commissioners: July 7th,
July 21st, July 22nd (2), July 23rd, July 24th, July 27th,
July 29th (3), July 30th, July 31st.
Board adopted the following Resolution transferring funds
for the year 1986-1987.
RESOLUTION NO. 327-1987
See Res. Book No. 61 which is incorporated herein by
reference.
The Clerk advised the Board that he was in receipt
of a late bid for the Cudjoe Lots from Schmitt Real Estate.
The Board directed the Clerk to reject and return the bid.
AWARDING OF BIDS
-
The Board entered into a discussion of the propo-
sals received from Foth:Taylor Advertising and Golden Sun
Communication for Public Information Advertising Services.
Ron Hammer of Golden Sun Communication addressed the Board.
The Board ruled that the can~idates for providing the Public
Information Advertising Services would be ranked with the
highest ranking individual receiving the Number One Vote
and, therefore, the lowest point total. The Board then pro-
ceeded to ballot and following is a tabulation of the
results:
Comm. Comm. Comm. Comm. Mayor
Freeman Lytton Puto Stormont Hernandez Total
Foth:
Taylor 2 2 2 2 Absent 8
Golden
Sun 1 1 1 1 Absent 4
--
After the tabulation, the Clerk announced that the firm of
Golden Sun Communication was the first selection with a
total of four points1 Foth:Tay1or was second with eight
points. Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to accept the selection of Golden
Sun Communication for Public Information Advertising
Services and authorizing negotiation of a Contract. Motion
carried unanimously with Mayor Hernandez and Commissioner
Stormont not present.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to accept the recommendation of the
County Administrator and authorize execution of a Consulting
Agreement by and between Monroe County and Langton
Associates, Inc. for grant-writing services. Motion carried
JJ 058
unanimously with Mayor Hernandez and Commissioner Stormont
not present.
The County Administrator presented to the Board a
proposed FEMA visitation schedule. After discussion, the
Board called for a Special FEMA Workshop Meeting at 2:00
p.m. on September 14th at Key Colony Beach City Hall and
also for 2:00 p.m. on September 18th at Key Colony Beach
City Hall.
After discussion, motion was made by Commissioner
Stormont and seconded by Commissioner Puto to approve the
issuance of Administrative Directive No. 1-32: PROJECT
INITIATION AND MODIFICATION as presented by the County
Administrator. Motion carried unanimously with Mayor
Hernandez not present.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve and authorize the
Chairman to execute a Petition for Admission to A. G. Holley
State Hospital for Uwe Christianson. Motion carried unani-
mously with Mayor Hernandez not present.
AWARDING OF BIDS
Bob Harris, Consulting Engineer, addressed the
Board and advised of receipt of the following bids for the
Key Vaca Roads V Roadway Improvements Project:
The Brewer Co. of Florida
Base
Thermoplastic
$119,114.76
$119,114.76
$89,759.20
$90,639.20
General Asphalt Company
Base
Thermoplastic
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to accept the recommendation of Staff
and award the bid for the Key Vaca Roads V Roadway
Improvements Project to General Asphalt Company utilizing
Thermoplastic in the amount of $90,639.20. Motion carried
unanimously with Mayor Hernandez not present.
COMMISSIONERS' ITEMS
After discussion by the County Attorney, the Board
directed him to research the current Ordinance regarding the
5th and 6th Cent Gas Tax and report back to the Board.
COUNTY ADMINISTRATOR
The County Administrator addressed the Board
regarding the proposed Contract with Donald Leland Craig for
the position of Planning Director and advised of the
following amendments to be made thereto:
Page 3, Item 3(b):
Service" in the second line1
after the words "limited to"
the words "dental and vision
fourth lines.
Eliminate the words "Career
add the words "life insurance"
in the third line1 eliminate
insurance" in the third and
Page 3, Item 3(b)(1): Omit.
Page 4, Item 3 (b) (4): Omit.
Page 4, Item 3(d): Insert the word "recommended"
in place of the word "determined" in the second line.
JJ 059
Page 4, Item 3(e): Omit.
Page 5, Item 5, top of page: After the words "not
limited to:" insert the words "a suitable automobile,".
Page 6, Item 9: Substitute the word "three" for
the word "four" in the sixth line.
Page 6, Item 11: Omit.
Mr. Craig addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner Puto to
instruct the County Administrator and the County Attorney to
formalize a Standard Monroe County Employee Contract for
future Contract Employees. Motion carried unanimously.
After a lengthy discussion, motion was made by Commissioner
Stormont and seconded by Commissioner Lytton to adopt the
Contract as amended by Mr. Brown. Motion was made by Mayor
Hernandez to postpone consideration of Mr. Craig's Contract.
Commissioner Stormont withdrew his motion to adopt and
Commissioner Lytton withdrew his second. Motion was then
made by Commissioner Lytton and seconded by Commissioner
Freeman to approve the Contract by and between Monroe County
and Donald Leland Craig for the position of Planning
Director with a starting salary of $47,500.00, payment of
one-half of the moving expenses by Ordinance, and with all
the modifications heretofore made. Roll call vote was taken
with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commisisoner Stormont
Mayor Hernandez
Yes
Yes
Yes
Yes
No
Motion carried. Motion was then made by Commissioner
Stormont and seconded by Commissioner Lytton to instruct the
County Attorney to proceed to prepare the appropriate
Ordinance to permit payment of the moving expenses. Motion
carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning proposed
Supplemental Budget Amendments to the Monroe County Tourist
Development Fund for Fiscal Year 1986-1987. Sandra Higgs
addressed the Board on behalf of the Tourist Development
Council. Motion was made by Commissioner Lytton and
seconded by Commissioner Puto to adopt the following
Resolution concerning Supplmenta1 Budget. Motion carried
unanimously with Commissioner Stormont not present.
RESOLUTION NO. 328-1987
See Res. Book No. 61 which is incorporated herein by
reference.
MUNICIPAL SERVICE DISTRICT
-
Charles Aguero, MSD Manager, introduced represen-
tatives of the County's consulting firm of Hazen and Sawyer
and Kaiser Engineers, Inc. The firms proceeded with their
Site Screening Report. Franklin Ostrander, Vern Pokorski of
the Big Pine Key Citizens Association, and Prudence Fleming
of the League of Women Voters addressed the Board. No
action was taken.
I
JJ 060
COUNTY ADMINISTRATOR
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to continue to the September 15th
meeting consideration of the County Administrator's
Contract. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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