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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 JJ 042 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 JJ 043 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 JJ 044 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 JJ 048 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. * * * * * 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. * * * * *