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05/05/1987 Regular II 025 Regular Meeting Board of County Commissioners May 5, 1987 Marathon - A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Marathon Subcourthouse in Marathon. Present and answering to roll call were Commissioner william Freeman, Commissioner Eugene Lytton, Commissioner Michael puto, Commissioner John Stormont, and Mayor Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney: Tom Brown, County Administrator: County Staff: members of the Press and Radio; and the general public. As a point of personal privilege, Commissioner Lytton indicated that he would be absent on May 13, May 14 and May 15 at a meeting concerning Ports and Harbors. This matter was deferred until later in the day. All stood for the Invocation and Pledge of Allegiance to the Flag. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS .--- Sergeant Pinder, Captain Toth and Lieutenant MacDonald came forward to receive a Proclamation concerning Law Enforcement Week and Law Enforcement Memorial Day. Commissioner Puto read the Proclamation. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the Proclamation proclaiming May lOth - May 16th, 1987 as LAW ENFORCEMENT WEEK in Monroe County. Motion carried unanimously. Commissioner Lytton discussed the interpretation of Accessory Uses. Michael Halpern, Special Counsel, addressed the Board concerning recent court cases interpreting Accessory Uses. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to establish that it is the intent of the Board of County Commissioners that the most liberal interpretation of Accessory Use Applications will be applied. Motion carried unanimously. Mayor Hernandez introduced Rand Winter, Public Defender, and "Mickey" Feiner, Mayor of Key Colony Beach, from the audience. BULK APPROVALS Elmira Leto, representing Florida Keys Youth Club, .-- Inc., addressed the Board concerning the Lease for the Louis Carbonell Teen Center. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor to execute a Lease by and between Monroe County and Florida Keys Youth Club, Inc. concerning the premises known as the Louis Carbonell Teen Center in Key West. Roll call vote was unanimous. RESOLUTION NO. 189-1987 See Res. Book No. 59 which is incorporated herein by reference. II 026 COMMISSIONERS' ITEMS Rand Winter, Public Defender, addressed the Board concerning his office space in Key West. Mr. winter indi- cated that he had received a proposal for the rental of his existing space in the Kress Building for a period of two years, with the ability to cancel the lease at the end of one year with proper notice, should public space become available. After discussion, motion was made by Commissioner Stormont to cancel the intended sale of the property at 600 Whitehead Street and proceed with the reno- vations necessary to house the offices of the Public Defender. During discussion, the Chairman ruled this motion out of order. Commissioner Stormont challenged the ruling of the Chair. Roll call vote on the challenge was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes No No Yes No Motion to challenge failed. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to grant permission to the Marathon Chamber of Commerce to use Sombrero Beach for their July 4th Celebration. Motion carried unanimously. Commissioner Lytton discussed the need for an Ad Hoc Committee to study Code Enforcement, similar to that committee which was appointed for the Building, Planning & Zoning review. Motion was made by Commissioner Lytton and seconded by Commissioner Puto requesting the County Attorney to prepare an amendment to the Ordinance establishing the Ad Hoc Review Committee to provide for a committee to analyze and study Code Enforcement, including staffing requirements and procedures to make any and all necessary proposals con- cerning changes and recommendations to improve the process, allowing for a ninety-day period for completion of the study, allowing for the appointment of three members from each area of the County to be nominated by the County Commission and/or the President and Secretary of the Florida Keys Contractors Association. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Lytton to establish concurrently with this committee a com- mittee to review the legal ramifications of the Code Enforcement activity, consisting of Sheriff William Freeman, State Attorney Kirk Zuelch and Judge Reagan Ptomey. Motion on the amendment carried unanimously. Motion on the origi- nal motion as amended carried unanimously. Commissioner Lytton discussed his meeting with RV Park and Campground Operators. Motion was made by Commissioner Lytton and seconded by Commissioner Puto directing the County Administrator to proceed with the implementation of the recommendations according to Commissioner Lytton's letter dated April 11, 1987 in cooperation with the County Attorney's Office. Motion carried unanimously. George Eager addressed the Board. Commissioner Lytton discussed the second six-month review process under the Land Use Plan. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont requesting the Director of Planning, Building & Zoning to draft a letter, for the Mayor's signature, directed to the II 027 Department of Community Affairs to in effect stop the clock on the second six-month review process under the Land Use Plan. Motion carried unanimously. - Commissioner Stormont discussed Capital Improvements. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton directing the County Administrator to review the Capital Improvements Projects on the basis of establishing court-related activites in the Jackson Square area and administrative facilities on Stock Island. Motion carried unanimously. Commissioner Puto discussed the recent ranking of Monroe County in the Community Development Block Grant Program and congratulated the County Administrator and his staff, consisting of Michael Managan, Michelle Ludwig and Charles Acheson, for their work on this process. Commissioner Puto discussed a meeting to be held at Key Colony Beach on May 21st by the Department of the Interior, said meeting concerning possible offshore drilling. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to appoint Commissioner Puto to represent the Board of County Commissioners at that meeting. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman authorizing the County Attorney to prepare a Resolution opposing any offshore drilling in the Florida Keys and bring this Resolution back to the Commission meeting of May 19th for approval. Motion carried unanimously. -- Commissioner Puto advised the Board that there would be a Town Hall Meeting on May 18th in Marathon to meet with the Florida Department of Transportation and the West End Property Owners for the purpose of discussing proposed four-laning. Commissioner Puto advised the Board that the Offshore Power Boat Race which was held recently was a tre- mendous success. Commissioner Puto also advised the Board that the Annual 7-Mile Bridge Run would occur on May 9th. Reggie Paros, Emergency Services Director, addressed the Board concerning the meeting of the EMS Council to discuss matters concerning trauma and the trauma network. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve travel for any County Commissioner to the Florida Hurricane Conference on May 27, May 28 and May 29 at Holly-In-The-Hills, Florida. Motion carried unanimously. -- Commissioner Puto discussed the possible relocation of certain lights in Marathon as a result of the four-laning project. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize Commissioner Puto and Dent Pierce, Public Works Director, to work with the Florida Keys Electric Co-op to remove certain street lights which would be rendered unnecessary upon the completion of the four-laning project and to relocate those lights behind the Airport and in the Sombrero Beach Road area and to bring back any proposals for relocation to the Board for their consideration. Motion carried unanimously. . II 028 The Board discussed the recent matter concerning the "garbage barge" which was anchored off the Florida Keys for a period of time. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to direct Charles Aguero, MSD Director, not to accept the garbage from the barge from the New York area under any condition. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to authorize travel for Commissioner Lytton to the Southeast Regional Conference on Ports and Harbors. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the payment of $50.00 for a photograph of the Mayor to be used in the USS Key West Magazine, funding to come from the Board's Advertising Account. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the following items by unanimous consent: BULK APPROVALS Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guidance Clinic of the Upper Keys, in the amount of $200.00. COURT-APPOINTED ATTORNEYS, Franklin D. Greenman, in the amount of $780.00: William Kuypers, in the amount of $756.25: John P. Rotolo, in the amount of $1,100.00. OTHER EXPENSES ~ COSTS, Louis J. Spallone, Clerk, in the amount of $500.00. COURT REPORTER SERVICES, Nancy J. Maleske, in the amount of $73.10: Manana Reporting, Inc., in the amount of $25.00: Nichols & Hardy Court Reporters, in the amount of $30.80. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $125.00: Serafin Calero, in the amount of $30.00: Elaine Carey, in the amount of $30.00: Irma Lopez de Pugh, in the amount of $60.00: Mayda R. Maloney, in the amount of $220.00; Maria Sardina, in the amount of $25.00. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $599.20: Regular Witness Fees, in the amount of $125.00. Board approved the following Warrants: GENERAL REVENUE FUND, #68936-#69606, in the amount of $1,866,029.97. ---- FINE & FORFEITURE FUND, '584-#585, in the amount of $4,100.00~ - AIRPORT OPERATION & MAINTENANCE FUND, #397, in the amount of $783.55. ROAD & BRIDGE FUND, #440, in the amount of $17,032.50:-- II 029 MSD TAX DISTRICT, i93l-#932, in the amount of $4,760.00:-- --- CAPITAL PROJECTS FUND, i2l7-'2l8, in the amount of $160,295.78. ,...... WORKERS COMPENSATION, i2l80-i2l85, in the amount of $2,919.40. TOURIST DEVELOPMENT COUNCIL, i382-i387, in the amount of $51,903.79. MONROE COUNTY SELF-INSURED GROUP INSURANCE, i180, in the amount of $200,000.00. Board authorized payment to Lopez Funeral Home for the following Pauper Burials: James Nesbitt, in the amount of $485.00: Robert Jackson, in the amount of $450.00: Lazaro Vicente, in the amount of $485.00: Moises Augustine Hernandez Castillo, in the amount of $485.00. Board ratified the execution of a Contract between the State of Florida, Department of Law Enforcement, Medical Examiners Commission, Monroe County, and the District Medical Examiner for Medical Examiner Funds. Board authorized the Data Processing Coordinator to do an RFP for a Fleet Maintenance System as requested by the Public Works Director. ,..- Board authorized the Data Processing Coordinator to do an RFP for a Personnel/Insurance System as requested by the Personnel Director. Board authorized the Data Processing Coordinator to do an RFP for a Budget System as requested by the Assistant County Administrator. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Gerry Droney for the construction of a 28 x 26.4 nursery warehouse and preparation building to be built below the 100-Year Flood Elevation on Lot 22, Block 11, Key Heights, Section 2, US iI, Plantation Key: Zoned SC - Suburban Commercial: Coastal Flood Zone A-13, Panel l13lC. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Lloyd A. Good, Jr. for a 2007 square foot enclosure below the existing single-family residence on Part of Tract B, Bat Tower Road, Lower Sugarloaf Key: Zoned DR - Destination Resort: Coastal Flood Zone V-12, Panel l493C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Brick Green for the enclosure of a 10.10 x 28 area for storage only, no electric or plumbing, on Lots 6 and 7, -- Block 1, Plantation Ridge, East Ridge Road, Plantation Key: Zoned IS - Improved Subdivision: Coastal Flood Zone A-13, Panel l129C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Marathon Seafood, Inc. for construction of a 32,455 square foot steel boat storage building for commercial fishing vessels below the 100-Year Flood Elevation on Lots 8, 9 and 10, Block 2, Riggs Subdivision, 11th Street Ocean, I II 030 Key Vaca: Zoned CFA - Commercial Fishing Area: Coastal Flood Zone A-13, Panel l578C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Curt Mathus for the enclosure of an 18 x 21.10 area for storage only below the existing single-family residence (under construction) on Lot South 20' of 20 and all of 21, Block 1, Plantation Ridge, East Ridge Road, Plantation Key: Zoned IS - Improved Subdivision: Coastal Flood Zone A-13, Panel l129C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Warren A. Ortenblad, Inc. for the construction of a 60 x 134 square foot Airport Hangar to be built below the 100-Year Flood Elevation at Monroe County Marathon Airport, US #1, Key Vaca: Zoned AD - Airport District: Coastal Flood Zone A-13, Panel l58lC. Board approved and authorized execution of an Amendment to USDA Contract #86-4-878 by and between United Way of Dade County, Inc., Area Agency on Aging for Dade and Monroe Counties - Nutrition Program. Motion carried unanimously with Mayor Hernandez not present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Coco Plum, Inc. - Ralph Augustine, Charles Docis, Geraldine Varady - for the construction of a 701 square foot addition to existing commercial buiilding for a marine restroom below the 100-Year Flood Elevation on Lot 8, Block 4, Coco Plum Beach, Coco Plum Drive, Key Vaca: Zoned CFSD - 3 - Commercial Fishing Special District No.3: Coastal Flood A-13, Panel l582C. Motion carried unanimously with Mayor Hernandez not present. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed his meetings and conversations with representatives of the University of Miami concerning the lease for Pigeon Key. He advised the Board that the University of Miami had offered to cancel the lease prior to its maturity. Jim Lewis, Ed Hall, Bill Daniels and Bill Martin of FDOM, CDC and the Marathon Chamber of Commerce all addressed the Board concerning this matter. Vern Pokorski addressed the Board concerning the use of Pigeon Key for scientific investiga- tion. Motion was made by Commissioner Puto and seconded by Commissioner Lytton directing the County Attorney to accept the offer for the termination of the lease between Monroe County and the University of Miami for Pigeon Key and to send a letter to the University of Miami thanking them for their work and accomplishments while operating at Pigeon Key, said cancellation to take place by the end of the month. Motion carried unanimously. Motion was then made by Commissioner Lytton and seconded by Commissioner Freeman directing Commissioner Puto, the County Administrator and the Public Works Director to make an on-site inspection of the condition of the premises. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto directing the County Attorney to prepare a contract with the current caretaker on a month-to-month basis with a consideration for his housing and to report back at the next meeting. Motion carried unanimously. II 031 Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman directing the County Attorney, the County Administrator, the Clerk and Commissioner Puto to investigate the possible creation of an authority for the management of Pigeon Key. Motion carried unanimously. SOUNDING BOARD FOR PUBLIC INPUT ~ James Keller, representing G & G Trading, Inc. d/b/a Angelo's Country Store, addressed the Board. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Puto to grant the Dimensional Variance with the provision for a covenant by the applicant that if the area is required for road construction purposes, the improvements will be removed, and also acknowledging the existing encroachment. 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. Commissioner Puto introduced Bob Self of Southern Bell and Dave Ringemann, Bill Smith and Bill Altman of the Contractors Association. Mayor Hernandez also asked the Press to rise and introduce themselves. - Clint Henzie addressed the Board and presented petitions from more than 50% of the owners of property in the Cross Key Waterways Special Road District requesting that the District be converted to a Lighting District and that any excess funds remaining in the District be also con- verted to that use. Motion was made by Commissioner Stormont and seconded by Commissioner Puto directing the County Attorney to prepare the necessary Ordinance for advertisement to convert the Cross Key Waterways Special Road District to a Special Lighting District with the use of any surplus funds in the District for that purpose. Motion carried unanimously with Mayor Hernandez not present. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the pending litigation concerning annexation. .-- The County Attorney discussed the future operation of the Card Sound Bridge since the retirement of the Bond Issue. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to refer this matter to the County Attorney, the Clerk and the County Administrator to review a proposed Ordinance for the purpose of the future operation of the Card Sound Bridge. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to authorize the use of Broad & Cassell as Bond Counsel for the review of the proposed improvements to the Card Sound Bridge in light of a potential Revenue Bond Issue. Motion carried unanimously. . Mr. Proby addressed the Board concerning the reinstatement of Ron Stack. He advised the Board that it was his opinion that the issue of back pay would require the determination of the Board and that if it was approved, it would require mitigation on the part of the reinstated II 0 3 2 employee. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to reinstate Ron Stack to his previous payment without back pay. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No Yes No Yes No Motion failed. Motion was then made by Commissioner Puto and seconded by Mayor Hernandez to adopt, in accordance with the opinion from the County Attorney, the following Resolution providing for the payment of back compensation to Ronald J. Stack and providing for mitigation relative thereto. RESOLUTION NO. 190-1987 See Res. Book No. 59 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 No Yes No Yes Motion carried. COMMISSIONERS' ITEMS Commissioner Lytton read Proclamations regarding Eagle Scout Awards received by certain young men of Monroe County. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the Proclamations pro- claiming that Eagle Scout ERIC J. WINEGARDEN and Eagle Scout BENJAMIN R. HAYMOND be recognized and congratulated for their achievements. Motion carried unanimously. COUNTY ATTORNEY Mr. Proby discussed problems with the Translator option and indicated that he would keep the Board advised. The County Attorney discussed DCA nominations and indicated that counsel for the Department of Community Affairs had indicated that they would withdraw their requests in the form of nominations and resubmit them as recommendations which should be considered by the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman that the Board accept recommendations from all third parties which were received by the appropri- ate filing deadline. Motion carried unanimously. Mr. Proby also discussed the request from the Department of Community Affairs to the Board to repeal its five previous Resolutions concerning scrivenor's errors. He recommended that the Board withhold their judgment on this matter and refer to the six-month review process. Motion was madde by Commissioner Lytton and seconded by Commissioner Puto to accept the recommendation of the County Attorney. Motion carried unanimously. II 033 COUNTY ADMINISTRATOR .....- Tom Brown, County Administrator, discussed his request for increased staffing as set out in his memorandum of April 28th. After discussion, motion was made by Mayor Hernandez and seconded by Commissioner Freeman to table this matter until the Budget Hearings process. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes No Yes No Yes Motion carried. The Board recessed. * * * * * MUNICIPAL SERVICES TAXING DISTRICT NO. 2 -- BOARD OF GOVERNORS The Board of Governors of Municipal Services Taxing District No. 2 convened. Present and answering to roll call were Samuel "Mickey" Feiner, William Freeman, Jerry Herndanez, Jr., Russell Radom, and Chairman Michael Puto. The Board and Reggie Paros, Emergency Services Director, discussed the schedule of ambulance fees. Motion was made by Mayor Feiner and seconded by Mayor Hernandez to - approve the schedule of ambulance fees. Roll call vote was unanimous. The Board of Governors of Municipal Services Taxing District No. 2 adjourned. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. COUNTY ATTORNEY - Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to grant permission to advertise for Public Hearing a proposed Ordinance authorizing a $2,500.00 contribution to the Florida Association of Counties Educational Foundation for the construction of an office building in Tallahassee: requiring written assurances that the money will be placed in an escrowed building fund: requiring written assurances of the provision of semi-annual financial reports on the fund: requiring written assurances that $2,500.00 will be returned to the County in the event construction is not begun within four years of the effective date of this Ordinance: providing for incorporation into the Monroe County Code: providing for repeal of all Ordinances inconsistent herewith: providing for severability: and pro- viding for an effective date. Motion carried unanimously. 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 Amendment to Agreements by and between Frank Keevan & Son, Inc. and the Board of County Commissioners of Monroe County concerning six Boating Improvement Fund Projects. I II 034 Motion carried unanimously. RESOLUTION NO. 191-1987 See Res. Book No. 59 which is incorporated herein by reference. MUNICIPAL SERVICES DISTRICT Charles Aguero, MSD Director, advised that two Garbage Franchisees - Bland Disposal and Florida Disposal - had notified him in accordance with the County Code that they were requesting an increase in compensation. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to authorize the Advertisement For Bids for One Crane Truck for the Pollution Control Department. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Lytton to authorize the transfer from Contingency of $10,000.00 for maintenance of equipment and $1,500.00 for tools. Motion carried unanimously. Mr. Aguero discussed the proposal dated April 20th from Cudjoe Gardens Property OWners Association, Inc. for changing the dumping policy. He indicated that he would be implementing this in the new fiscal year. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve this new process in the new budget year. Motion carried unanimously. Mayor Hernandez read a letter from a representative of the Visual Impact Committee of Marathon requesting the return of the sway-cars to Aviation Boulevard to assist in their clean-up campaign. This matter was referred to Mr. Aguero for a report back at the next Marathon meeting. AIRPORTS 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 a Lease Agreement, effective this date, by and between the Board of County Commissioners and Warren A. Ortenblad con- cerning premises located at the Marathon Airport. Motion carried unanimously. RESOLUTION NO. 192-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to refer to the May 18th meeting of the Transportation Committee the subject of the vacated PBA Ticket Counter and Office Space at the Key West International Airport. Motion carried unanimously. EMERGENCY SERVICES Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the District l-D Ambulance Fees for fiscal year 1986-87. Motion carried una- nimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to adopt the following Resolution authorizing the Chairman of the Board to execute an II 035 Agreement by and between the City of Key West and the Board of County Commissioners of Monroe County concerning Advanced Life Support Ambulance Service for the residents of Municipal Service Tax District I-A. Reggie Paros, EMS Director, addressed the Board. Motion carried unanimously. - RESOLUTION NO. 193-1987 See Res. Book No. 59 which is incorporated herein by reference. ENGINEERING Motion was made by Commissioner Lytton and seconded by Commissioner Puto to extend to May 15th the completion date for construction of the Emergency Generator Building at the Courthouse by Frank Keevan & Son, Inc. Motion carried unanimously. Motion was made by Commissioner Lytton and by Commissioner Freeman to approve Change Order No. Redland Construction Co. in the amount of $9,340.00 Summerland/Cudjoe Key Roadway Improvements Project. carried unanimously. seconded 1 for for the Motion EXTENSION SERVICES Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution approving a State of Florida Department of Natural Resourcces Project Application concerning the installation of 60 moorings off Key West, Monroe County. Motion carried unanimously. - RESOLUTION NO. 194-1987 See Res. Book No. 59 which is incorporated herein by reference. COUNTY ADMINISTRATOR The County Administrator discussed the concession at Higgs Beach. He also discussed the Board's previous action to plant palm trees at Higgs Beach and indicated that in light of the Board's communication with the City on a possible joint operation, these projects would be postponed. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve the postponement of the improvements at Higgs Beach until a full review of the pro- posed project between the City and the County for that area. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve Annual Leave for the County Administrator on May 13th. Motion carried unani- mously. Mr. Brown advised the Board of a communication from the Director of Airports of Dade County requesting a survey of possible heliport sites in Monroe County. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to refer this matter to the Airport Director and the County Administrator. Motion carried unanimously. The County Administrator read a letter of thanks from the Friends of the Key Largo Library for the Board's efforts in proceeding with the construction of the new Library in the K-Mart Shopping Center. II 036 Mr. Brown indicated that he had received several requests for additional commercial activities at Higgs Beach. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve a moratorium on any com- mercial activity on Higgs Beach until a study can be done on the possible joint City-County project. Motion carried una- nimously. The County Administrator discussed application fees for amendments to the Land Use District Maps. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to authorize the County Attorney to prepare an Ordinance establishing a non-refundable application fee in the amount of $250.00 to accompany all petitions requesting amendments to the Monroe County Land Use District Maps, in order to defray the actual cost of processing these appli- cations. Roll call vote was unanimous. The Board then discussed application fees con- cerning appeals from administrative actions. Motion was made by Commissioner Freeman and seconded by Commissioner Lytton to authorize the County Attorney to prepare an Ordinance establishing non-refundable application fees for appeals from Monroe County administrative actions. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to authorize payment of the follow- ing invoices: 1. Hewitt-Kier Construction, Inc. in the amount of $118,987.44 for Progress Payment No. 12 for work to date on the Justice Building. 2. Frank Keevan & Son, Inc. in the amount of $50,769.00 for Progress Payment No. 2 for work to date on the Courthouse Emergency Generator. 3. District School Board of Monroe County in the amount of $177.00 for leasing of space at the Truman School for the period of May 1 - May 31. 4. Redland Construction Co. in the amount of $88,627.94 for Payment No. 2 for the Summerland/Cudjoe Key Roadway Improvements Project. 5. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $3,161.50 for professional services rendered to the Card Sound Road and Toll Bridge Authority for the month of March 1987. 6. Stephens, Lynn, Chernay & Klein in the amount of $120.23 for professional services rendered in re Ashe, L. v. Northwest Insurance. 7. C & M Electronics in the amount of $3,509.25 for services performed in connection with maintenance of the Monroe County Translator System. 8. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $502.90 for services performed in connection with the Second Floor Addition to the Plantation Key Government Center. 9. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $684.67 for services performed in connection with the Plantation Key Government Center Wastewater II 037 Treatment Plant. 10. Monroe Association For Retarded Citizens, Inc. in the amount of $1,414.99 for reimbursement of payment to Strunk Lumber Yard, Inc. for expenses incurred in connection with the renovation of 1106 Windsor Lane. - Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of the County Administrator and approve a request from the Marathon Shores High School Community Recreation Center to hold a Dolphins Softball Game on May 10, 1987 from 1:30 to 4:30 in the afternoon upon receipt of proof of adequate insurance coverage and other requirements. Motion carried unani- mously. The County Administrator advised the Board of the resignation of his assistant, Kathy Rick. COUNTY CLERK In accordance with Florida Statutes, the Clerk sub- mitted for the record the Auditor General's Report No. 10850 which was made on the audit of the District School Board for the fiscal year ended June 30, 1986 and the audit of the Board of County Commissioners for the year ending September 30, 1986. - Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolutions concerning receipt of unanticipated funds for the year 1986-87. Motion carried unanimously. RESOLUTION NO. 195-1987 RESOLUTION NO. 196-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution transferring funds for the year 1986-87. Motion carried unanimously. RESOLUTION NO. 197-1987 See Res. Book No. 59 which is incorporated herein by reference. AWARDING OF BIDS The County Administrator advised the Board of receipt of the following bids for one 1987 Asphalt Paver: H. F. Mason 7802 N.W. 103rd Street Hialeah, Florida 33012 $24,500.00 ,..- Shelley Tractor & Equipment Co. 8000 N.W. 103rd Street Miami, Florida $21,500.00 Linder Industrial Machinery Co. 3645 N.W. North River Drive Miami, Florida 33142 Mr. Brown advised the Board that the low bid of Shelley $26,962.00 II 0 3 8 Tractor & Equipment Co. did not meet specifications and that the recommendation was to award the bid to H. F. Mason. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to accept the recommendation of the County Administrator and award the bid for one 1987 Asphalt Paver to H. F. Mason in the amount of $24,500.00. Motion carried unanimously. The County Administrator advised the Board of receipt of the following bids for one 1987 Grader Maintainer: H. F. Mason 7802 N.W. 103rd Street Hialeah, Florida 33012 $41,731.00 AdamS/DeWind Machinery Company 3319 U.s. 301, North Tampa, Florida 33169 Shelley Tractor & Equipment Co. 8000 N.W. 103rd Street Miami, Florida $43,495.00 $45,500.00 Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to award the bid for one 1987 Grader Maintainer to the low bidder, H. F. Mason, in the amount of $41,731.00. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance providing for and establishing rules and regulations at the Marathon Airport and the Key West International Airport facility: providing for severability: providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance: providing for inclusion in the Code of Ordinances of Monroe County: and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Jeanne De St. Croix addressed the Board and questioned the regulations concerning the operation of the Marathon Airport at night. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the Ordinance. Motion carried unanimously. ORDINANCE NO. 011-1987 See Ord. Book No. 13 which is incorporated herein by reference. PLANNING, BUILDING ~ ZONING Charles Pattison, Director, addressed the Board and delivered a schedule for the Text Amendment process before the Planning Commission. He also discussed and presented a schedule and a copy of the advertisement for the Map Change hearings before the Planning Commission. Mr. Pattison discussed the opinion received by his office from the County Attorney relative to the application of the "Sunshine Law" and advertisement requirements for the Development Review Committee proceedings. He indicated that there were several that would be in process and that he would have to go forward with them without the necessary thirty-day advertisement in accordance with the County Attorney's opinion. Mr. Proby agreed that Mr. Pattison II 039 should proceed on those cases. ,....- As a point of personal privilege, Commissioner Lytton discussed the current activity at the Federal level concerning the possibility of designating the Florida Keys as "barrier islands." Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution opposing the designation of the Florida Keys as barrier islands. RESOLUTION NO. 198-1987 See Res. Book No. 59 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. There being no further business, the meeting was adjourned. * * * * * ,....-. -