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06/02/1987 Regular II 064 Regular Meeting Board of County Commissioners June 2, 1987 Plantation Key A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Plantation Key Government Center. Present and answering to roll call were Commissioner Eugene Lytton, Commissioner Michael Puto, Commissioner John Stormont, and Mayor Jerry Hernandez, Jr. Absent from the meeting was Commissioner William Freeman who was on vacation. Also pre- sent. were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Motion was made by Commissioner Puto and seconded by Commissioner Lytton to adopt a Proclamation proclaiming that Eagle Scout Eric Northcraft, the son of Mr. and Mrs. Zane W. Northcraft and a member of Troop 578, be recognized and congratulated for his achievement of the rank of Eagle Scout. Motion carried unanimously. Mayor Hernandez discussed the request to the Tourist Development Council to fund certain expenses of Miss Florida Teen 1987 to represent Key West and the Florida Keys at the pageant in Texas. No action was taken. Motion was made by Commissioner Puto and seconded by Mayor Hernandez to authorize the County to sponsor a child for the Guardian Ad Litem Summer Camp Project with payment to be made out of the Board's Advertising Account. Motion carried unanimously. Commissioner Puto discussed the Trauma Report that would be received shortly from the consultants. Bob Harris of Post, Buckley, Schuh & Jernigan and Commissioner Puto discussed and made a presentation con- cerning the proposed improvements to Harry Harris Park. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to authorize the engineers to proceed with the permitting process. Chuck Schafstall addressed the Board concerning this matter. Motion carried unanimously. Commissioner Lytton discussed the donation of pro- perty on Cudjoe Key by vincent Drost for use as a Sheriff's Substation and also the donation of additional lots which could be sold for the purpose of providing funding for the construction of a facility. Sheriff Freeman addressed the Board and encouraged the Board to proceed to establish such a facility. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to authorize a Call For Bids for the construction of a Sheriff's facility on Cudjoe Key. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to authorize the II 065 County Administrator and the County Attorney to proceed with the necessary process to sell the lots donated to the County by Mr. Drost, placing a minimum acceptable bid of the market value of said lots and also authorizing the necessary appraisal. Grace Manillo addressed the Board concerning this matter. Motion carried unanimously. Mayor Samuel nMickeyn Feiner, Vice Chairman of the Tourist Development Council, addressed the Board and made the Quarterly Report of the activities of the Tourist Development Council. Commissioner Stormont discussed a proposed Ordinance which would adopt the provisions of Florida Statute 316 as a County Ordinance. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to authorize the advertisement of the proposed Ordinance. Motion carried unanimously. Karen Beal addressed the Board and requested per- mission for students to use the Key Largo Bike Path as part of an art exhibit in the Upper Keys. Ms. Beal indicated that the students would actually be painting a mural on the bike path itself. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to refer this matter to Staff for a recommendation. Motion carried unanimously. Commissioner Lytton discussed a proposal received from B. G. Carter concerning 600 Whitehead Street. This matter was referred to Staff for a report back at the next meeting. - Commissioner Puto discussed an offer from US #1 Radio concerning the placement of EMS antennas on their tower. He discussed a proposed lease agreement presented by the radio station. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to authorize execution of a proposed lease agreement with US #1 Radio to place EMS antennas on their tower, subject to approval by the Legal Department. Motion carried unanimously with Mayor Hernandez not present. Commisioner Puto discussed a request for a sign by developers of Gulfside Village Shopping Center in Marathon. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to authorize the permit for the sign at Gulfside Village Shopping Center in Marathon with the agreement from the developer that if the amendments to the Sign Ordinance which are currently in process do not pass, that the developers will bring the sign into compliance with the existing Ordinance. Motion carried unanimously with Mayor Hernandez absent from the meeting. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution supporting the passage of Senate Bill 378 and House Bill 701 relating to trauma emergency care. Motion carried unani- mously with Mayor Hernandez not present. RESOLUTION NO. 214-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve travel for any County Commissioner to a meeting in Tampa on July l5 and July l6 concerning jail overcrowding. Motion carried unanimously. II 066 Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution authorizing the Mayor and Chairman of the Board to execute an Agreement by and between the Board and the Mental Health Care Center of the Lower Keys, Inc. concerning funding for the T.A.S.C. (Treatment Alternative for Street Crimes) Program. Motion carried unanimously. RESOLUTION NO. 215-1987 See Res. Book No. 59 which is incorporated herein by reference. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the following items by unanimous consent: Board accepted recommendation of Staff to reduce the occu- pancy of Bayshore Manor to a total capacity of twenty resi- dents, permitting each resident to have a private room. Board granted permission to the Greater Marathon Hotel & Motel Association to use the Marathon Airport grounds for a seafood festival in October, contingent upon receipt of necessary insurance coverage and hold-harmless agreements. Board authorized execution of Supplemental Agreement 1 to License No. DOTFA82S0-12933 between the Board and the United States of America, Department of Transportation-Federal Aviation Administration, covering the relocation of the Direction Finder Antenna on the Key West International Airport. Board authorized, subject to final approval by the Finance Department, payment of the following Tourist Development Council expenditures: $123,622.19 $ 6,473.56 Input Date of 5/21/87 Input Date of 5/28/87 Board authorized execution of Change Order No. 6 to Hewett-Kier Construction, Inc. for an increase in the amount of $60,002.00 for the Plantation Key Government Center. Board authorized a refund in the amount of $78.00 to Acme Roofing, Inc. for Building Permit C21580 for a roofing job for the Department of Natural Resources, which is a State Agency. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Casa Mar Seafood (Stanley Marvin) for the construction of an 1120 square foot loading dock and new office to be built below the 100-Year Flood Elevation on Lots 5 and 6, Boatman's Colony, Freelan Road, Plantation Key: Zoned CFA - Commercial Fishing Area: Coastal Flood Zone A-13, Panel 0993C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Donald E. Heymen for two 294 square foot enclosures for storage only under the existing duplex on Lot 65, Block 2, Center Island, Indies Drive North, Duck Key: Zoned ISM - Improved Subdivision-Masonry: Coastal Flood Zone A-l3, Panel l293c. II 067 Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Donald E. Heyman for two 294 square foot enclosures for storage only under the existing duplex on Lot 66, Block 2, Center Island, Indies Drive North, Duck Key; Zoned ISM - Improved Subdivision-Masonry; Coastal Flood Zone A-13, Panel l293C. - Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Paul F. Pelton for a 525 square foot enclosure below the 100-Year Flood Elevation - for boat storage - under the existing single-family residence on Lot 5, Block 4, Plantation Shores, Canal Street, Plantation Key; Zoned ISM - Improved Subdivision-Masonry; Coastal Flood Zone V-17, Panel l13lC. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of A. Eugene Wallwork for the construction of a 441 square foot addition to be built below the 100-Year Flood Elevation (existing structure - 2,083 square feet) on Lot 7, Block 6, Ocean Reef, Plat *1 Amended, Andros Road and Exuma Road, Key Largo; Zoned IS - Improved Subdivision; Coastal Flood Zone V-21, Panel 0659C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Thomas Wyman for the construction of a 950 square foot addition to be built below the 100-Year Flood Elevation (existing structure - 2,090 square feet) on Lot 4, Ocean Reef, Angelfish Cay Road, Key Largo; Zoned IS - Improved Subdivision; Coastal Flood Zone V-16, Panel 0659C. Motion carried unanimously with Commissioner Puto not pre- sent. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to authorize the following supple- mental appropriations to the Board of County Commissioners Budget for Fiscal Year 1986/87 to be transferred from Contingency: Contractual Service Communications Rentals Auto Allowance and Travel $40,000 $27,000 $ 6,000 $ 7,000 Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to authorize refund in the amount of $100.00 to Luis LaTour for an overcharge by the Building Department for Building Permit C21336. Roll call vote was taken with the following results: - Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes No Yes Motion carried. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to deny refund in the amount of $105.00 to Kenneth Waite for application fees because his application was denied by the Army Corps of Engineers. II 06<3 Motion carried unanimously. Motion was made by Commissioner stormont and seconded by Commissioner Lytton to approve, per staff con- ditions and recommendations and with a correction of the designation of the zone, the Application for Variance to the Flood Hazard Ordinance of palocrave Investments, Inc. for the construction of a 660 square foot garage to be built below the 100-Year Flood Elevation on Tracts 9, 10 and 11 of Section 13, Township 62S, Range 38E, of us iI, Key Largo: Zoned SR - Suburban Residential: Coastal Flood Zone V-16, Panel 1011C. Motion carried unanimously. SOUNDING BOARD FOR PUBLIC INPUT Melvin I. Bricker, representing Dermot G. Couglan, addressed the Board. Motion was made by Commissioner Lytton and seconded by Mayor Hernandez to approve a 95 square foot addition to be buit below the 100-Year Flood Elevation - existing structure is 4,333 square feet - on Lot 28, Ocean Reef, Plat Book 7, Snapper Point, Key Largo: Zoned IS - Improved Subdivision: Coastal Flood Zone V-16, Panel 0659C. Roll call vote was taken with the following results: Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes No Yes Motion carried. Lieutenant Larry Lawrence of the Game and Freshwater Fish Commission addressed the Board and made a presentation concerning trash problems in the Florida Keys. David Parker of Tavernier discussed the use of pro- bationers and those individuals required by the Courts to perform community service for the purpose of clean-up crews in Monroe County. Bill Cullen briefly addressed the Board and indi- cated that he would return at 3:00 p.m. to discuss his item concerning trash problems. Trula Motta, Director of Domestic Abuse Shelter, Inc., addressed the Board concerning a request by the Shelter for office space in the Upper Keys by the Shelter. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to authorize the County Administrator and the County Attorney to prepare an appropriate lease and report back to the Board at the next meeting. Motion carried unanimously. Michael Halpern, Special Counsel, addressed the Board and indicated that he had forwarded a new Contract to DCA concerning the reimbursement for his services as Special Counsel. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to authorize the Mayor to exe- cute the Special Counsel's Contract when the same is approved and returned by the Department of Community Affairs. Roll call vote was taken with the following results: Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes No Yes II 069 Motion carried. The Board recessed for lunch. * * * * * MUNICIPAL SERVICES TAXING DISTRICT NO. l-D -- BOARD OF GOVERNORS -- The Board of Governors of Municipal Services Taxing District No. I-D convened. Present and answering to roll call were Commissioner Michael puto, Commissioner John Stormont and Mayor Pro Tem Eugene Lytton. Reggie Paros, Emergency Services Director, addressed the Board and advised of receipt of the following bids for a Type III Ambulance: E.V.F., Inc. Contingency Total $59,666.00 1,000.00 $60,666.00 $56,465.00 1,000.00 $57,465.00 Aero Products, Inc. Contingency Total Mr. Paros recommended the bid be awarded to E.V.F., Inc. in the amount of $57,465.00 plus an additional $660.00 for Option 11 and no charge for Option #13. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve the low bid for one Type III Ambulance to E.V.F., Inc., including Options #1 and #13, contingent upon __ obtaining a loan at the lowest interest rate and also authorizing the County Attorney to award the Tax Anticipation Note to the lowest bidder. Motion carried una- nimously. The Board of Governors of Municipal Services Taxing District No. l-D adjourned. * * * * * 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 Mayor Samuel "Mickey" Feiner, Mayor Jerry Hernandez, Jr. and Chairman Michael Puto. Reggie Paros, Emergency Services Director, addressed the Board and advised of receipt of the following bids for a Type III Ambulance: Aero Products, Inc. Contingency Total $59,666.00 1,000.00 $60,666.00 $56,465.00 1,000.00 $57,465.00 - E.V.F., Inc. Contingency Total Mr. Paros recommended the bid be awarded to E.V.F., Inc. in the amount of $57,465.00 plus an additional $660.00 for Option II and no charge for Option 113. Motion was made by Mayor Feiner and seconded by Mayor Hernandez to approve the low bid for one Type III Ambulance to E.V.F., Inc., II 070 including Options II and tl3, contingent upon obtaining a loan at the lowest interest rate and also authorizing the County Attorney to award the Tax Anticipation Note to the lowest bidder. Motion carried unanimously. 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. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance authorizing a $2500 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 provi- sion of semi-annual financial reports on the fund; requiring written assurances that $2500 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 the repeal of all Ordinances inconsistent herewith; providing for severability; 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 then made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 015-1987 See Ord. Book No. 13 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Lytton declaring an emergency exists; waiving the requirements of advertising under the provisions of Florida Statutes 125.66; waiving notice by a four-fifths vote; levying an additional one cent tourist development tax on the lease or rental of temporary accommodations rented or leased for a period of less than six months; providing that such tax shall be in addition to all other taxes and fees charged; providing for collection; providing for expenditure of the funds so raised for certain tourist development pur- poses; further providing for the distribution of funds so collected; providing for penalties; providing for severabi- lity; providing for the repeal of all Ordinances incon- sistent herewith; providing for incorporation in the Monroe County Code; and providing an effective date. Mayor Hernandez recognized the members of the Tourist Development Council and the Executive Director. The following persons addressed the Board: Sandra Barrett, President of the Lower Keys Chamber of Commerce; Bill Sellers of TDC; Russ Teal; Mayor Feiner; and Henry Rosenthal of the Islamorada Chamber of Commerce. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to amend the proposed Ordinance to correct the description of the TOe Districts to read as follows: District I - Shall encompass the city limits of Key West II 071 . District II - From the city limits of Key West to the west end of the Seven Mile Bridge District III - From the point where District II ends to the Long Key Bridge -- District IV - Between the Long Key Bridge and the Snake Creek Bridge District V - Between the Snake Creek Bridge and the County Line - Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to eliminate the last sentence of Section 3 (e) at the top of Page 3 of the proposed Ordinance. Roll call vote carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to amend Section 3 Cd) of the proposed Ordinance to terminate the paragraph by placing a period after the word "time" and before the word "but" in the fourth line thereof on Page 2. Roll call vote was unani- mous. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend the proposed Ordinance to insert the following sentence in Section 3 (d): "A separate account shall be established for the administration of this Ordinance to be called the "Monroe County Tourist Development 1% District Account." Roll call vote was unani- mous. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend the proposed Ordinance by inserting the following language as Section 3 (g): "Administrative expenses are authorized to be withheld by the Tourist Development Council only to the extent of the percentage authorized from time to time for administrative expenses for the Monroe County Tourist Development Trust Account." Roll call vote was unanimous. Motion was then made by Commissioner Lytton and seconded by Commissioner Stormont to adopt the Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 016-1987 See Ord. Book No. 13 which is incorporated herein by reference. COUNTY ATTORNEY Motion was made by Commissioner Puto and seconded by Commissioner Lytton to adopt the following Resolution amending Resolution No. 162-l987 and providing for addi- tional provisions of the same materials omitted from the original Resolution No. 162-1987 to include a specific waiver of the plat as required by Chapter l7 of the Monroe County Code and also a Finding of Fact by Section 4-2l(d) for the granting of special use exception for an access road to the Shoreline Protection Zone and re-enunciating all the other parts of Resolution No. l62-l987 as reflected in the same as passed on April 7, 1987. Roll call vote was unani- - mouse RESOLUTION NO. 2l6-l987 See Res. Book No. 59 which is incorporated herein by reference. Lucien Proby, County Attorney, advised of the ruling of Judge Lester concerning third-party nominations. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to adopt the following Resolution which II 072 amends Resolution No. l3l-l987 to include Commissioner Stormont's nominations and also including the subject matter of Resolutions No. 349-1986, 048-1987, 077-l987, 087-1987, 088-1987 and 089-l987. Roll call vote was unanimous. RESOLUTION NO. 2l7-l987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to grant permission to advertise for Public Hearing a proposed Ordinance establishing filing fees for Land Use District Map petitions and administrative appeals. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Hernandez to grant permission to advertise for Public Hearing a proposed Ordinance relating to the accrual of annual leave by County employees. Motion carried unani- mously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution approving and authorizing the Mayor to execute a Contract by and between the Board of County Commissioners and the City of Key West Port and Transit Authority in order to provide the County with fleet maintenance services. Roll call vote was taken with the following results: Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes No Yes Motion carried. RESOLUTION NO. 218-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Puto adopt the following Resolution approving and authorizing the Mayor to execute a Subgrant Agreement by and between the National Council on the Aging, Inc. and the Board of County Commissioners in connection with the Senior Community Services Project. Motion carried unanimously. RESOLUTION NO. 2l9-l987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to adopt the following Resolution giving moral support to efforts to establish a vocational and apprenticeship facility in Key West or Monroe County. Motion carried unanimously. RESOLUTION NO. 220-l987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution authorizing the Chairman of the Board to execute an Employment Agreement by and between the Board of County Commissioners and H. Ray Allen, Esquire; appointing H. Ray II 073 Allen a Hearing Officer for the determination of vested rights under the Monroe County Comprehensive Land Use Plan and Development Regulations at the rate of $125.00 per hour with the County including Mr. Allen under its insurance coverage. Motion carried unanimously. - RESOLUTION NO. 221-1987 See Res~ Book No. 59 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to adopt the following Resolution authorizing the Chairman of the Board to execute an Employment Agreement by and between the Board of County Commissioners and John Bigler, Esquire; appointing John Bigler an Alternate Hearing Officer for the determination of vested rights under the Monroe County Comprehensive Land Use Plan and Development Regulations at the rate of $l25.00 per hour with the County including Mr. Bigler under its insurance coverage. Motion carried unanimously. RESOLUTION NO. 222-l987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to advertise Vested Rights Hearings and proceed as soon as possible. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to authorize the County Attorney to advertise for Public Hearing a request for abandonment of a __ section of road l5 feet wide and 235 feet long known as Woodward Way in Sunset Cove Subdivision. Motion carried unanimously. AIRPORTS Art Skelly, Airport Manager, and Andrew Daniluk addressed the Board and made a presentation concerning the Continuous Florida Airport System Planning Process. No action was taken. SOUNDING BOARD FOR PUBLIC INPUT -- Bill Cullen of the Key Largo Chamber of Commerce addressed the Board concerning a clean-up campaign. Mayor Hernandez then addressed the Board concerning his ideas for a comprehensive clean-up campaign for Monroe County. Bill Smith of the Florida Keys Contractors Association addressed the Board and indicated that the Contractors Association was willing to donate manpower and equipment to assist the County in the clean-up campaign. Motion was made by Mayor Hernandez to direct the County Administrator, the Public Works Director and the Municipal Service District Manager to proceed with the clean-up of State Road 905 from the curve to the entrance of Ocean Reef. During discussion, motion was withdrawn. The following individuals spoke concerning clean-up activities: Hank Wheaton, Vern Pokorski, Fred Castro. Motion was then made by Mayor Hernandez and seconded by Commissioner Puto to adopt the following Resolution declaring an emergency in Monroe County caused by the indiscriminate placing of garbage, trash and other refuse outside Monroe County's Municipal Service District Landfills; providing for the removal of the same and directing a clean up of the same. Motion carried unani- mously. II 074 RESOLUTION NO. 223-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Stormont to concentrate a clean-up campaign in the area of Key Largo from Jewfish Creek to Snake Creek and including State Road 905. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to proceed as soon as possible with the clean-up of State Road 905 up to the Ocean Reef Project and also to trim the vegetation. Motion carried unani- mously. The County Administrator was directed to appoint a coordinator to identify the problem sites in the Upper Keys, and to work with the Public Works Director, the Municipal Service District Manager, Mr. Smith of the Florida Keys Contractors Association, the Chambers of Commerce, and volunteers. This coordinator was also directed to pursue potential sites for the temporary storage of abandoned vehicles. COMMISSIONERS' ITEMS Commissioner Stormont discussed possible funding mechanisms for the clean-up campaign. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to authorize the sum of $200,000.00 to be administered by the County Administrator for the funding of Pollution Control solutions. Motion carried unanimously. The Board of County Commissioners recessed. * * * * * BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals with all Commissioners present. Fred Tittle, attorney representing Futura Yacht Club, addressed the Board concerning the re-hearing granted with regard to the denial of an appeal which was acted upon December 29, 1986, at which time the Board of County Commissioners upheld the decision of the Board of Adjustment in upholding the decision of Charles Pattison, Director of Planning, in declaring the project a Major Development. Mr. Tittle requested a postponement. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to postpone this matter until July 7th at 4:00 p.m. Motion carried unanimously. The Board of Appeals adjourned. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. MANAGER OF MUNICIPAL SERVICES Charles Aguero, MSD Manager, requested authority to transfer $75,000.00 from Renewal and Replacement Fund for engineering expenses associated with the expansion of the Cudjoe Key Landfill. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the request. Roll call vote was taken with the following results: II 075 Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes No Yes Motion carried. Mr. Aguero discussed the results of the recent "free dumping" days and indicated that over 900 tons of trash had been received at the Landfills. Mr. Aguero discussed the recent meetings with DCA concerning the Hazen and Sawyer Contract and DCA funding. He indicated that the DCA was requiring an amendment to the Hazen and Sawyer Contract before they would agree to sign an Agreement which would provide the funding for the Study. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution rescinding Resolution No. l83-l987 and authorizing the Mayor to execute an Agreement by and between Monroe County and Hazen and Sawyer, P.C. concerning a Solid Waste Energy and Design Study. Roll call vote was unanimous. RESOLUTION NO. 224-1987 See Res. Book No. 59 which is incorporated herein by reference. Mr. Aguero briefly discussed the activities and meetings with DNR concerning the Long Key Landfill expansion as well as his continuing efforts relative to the expansion of the Key Largo Landfill. He advised the Board that he had knowledge of a potential site for a landfill in the North -- Key Largo area which was not in the Crocodile Reserve. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to authorize the MSD Manager to contact the property owner to discuss possible purchase of the pro- perty as a landfill site. Roll call vote was taken with the following results: Commissioner Lytton Commissioner Puto commissioner Stormont Mayor Hernandez Yes Yes No Yes Motion carried. -- Mr. Aguero advised the Board that there was only one bid received for a 1987 3/4-Ton Heavy Duty Pickup, that bid being from Duncan Chrysler, Plymouth, Dodge in the amount of $12,788.00. He advised the Board that this bid was high and recommended that the bids be rejected. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to reject the bid. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Mayor Hernandez to authorize the MSD Manager to negotiate the purchase of one 1987 3/4-Ton Heavy Duty Pickup Truck. Motion carried unanimously. . The MSD Manager advised the Board that the notices that were required concerning the closing of the Key Largo Landfill would be required to be made within the next two months. Commissioner Stormont questioned Mr. Aguero con- cerning fires at the Key Largo Landfill and requested a full report. II 076 PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Section 4-l02D, Monroe County Development Regulations, in order to provide that Planning Commission members shall be compensated at the rate of $5,200 per yearJ providing for severabilitYJ providing for the repeal of all Development Regulations inconsistent herewithJ providing for incorporation into the Monroe County Development RegulationsJ and providing an effective date. 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 Lytton and seconded by Commissioner Stormont to adopt the Ordinance. Motion carried unanimously. ORDINANCE NO. 017-1987 See Ord. Book No. 13 which is incorporated herein by reference. EMERGENCY SERVICES Reggie paros, Emergency Services Director, discussed a request for paid staff at the Big Coppitt Key Ambulance Service. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve the following expenses associated with hiring paid temporary employees to staff ambulance five days per week, twelve hours per day, for the remainder of Fiscal Year 1986-87 (nine pay periods): Overtime 15% $ 11,804.00 844.00 1,551.00 $ 14,199.00 2,130.00 $ l6,329.00 Total Salaries FICA Retirement Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to adopt the following Resolution of the Board of County Commissioners, acting as the Board of Governors of Municipal Service Taxing or Benefit District 4-A, authorizing the Chairman of the Board to execute an Agreement by and between Municipal Service Taxing or Benefit District 4-A and the City of Layton, Florida, in order for the District to house a fire truck in the garage bay located at City Hall, City of Layton, Florida. Motion carried una- nimously. RESOLUTION NO. 225-l987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Stormont to authorize the advertisement of a proposed Ordinance regarding an increase in the monthly expense reimbursement for volunteer fire and ambulance per- sonnel from $50.00 to $100.00 per month. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to authorize the County Attorney to solicit proposals from lending institutions for a loan in the amount of $30,000.00 for Municipal Services Taxing District I-C. Motion carried unanimously. II 077 Motion was then made by Commissioner Stormont and seconded by Commissioner Lytton to request the County Administrator and the County Attorney to study the advisabi- lity and possible means for obtaining property of defunct volunteer corporations. Motion carried unanimously. Motion was made by Commissioner Puto and seconded ~- by Commissioner Lytton to authorize the purchase of the following items: 3 Scott Air Paks with Lightweight Cylinders for the Big Pine Key Volunteer Fire Depart- ment from Safety Equipment Company in the amount of $1,171.35 each (delivered), for a total of $3,514.05. 10 MSA Composite II Air Bottles for the Tavernier Volunteer Fire Department from Ten-8 Fire Equipment Company in the amount of $304.90 each (delivered), for a total of $3,049.00. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve the recommendation for the replacement of the Marathon and Stock Island EMS Towers. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to cancel the existing Certificate of Public Convenience and Necessity at the Medical Clinic at -- Ocean Reef. Motion carried unanimously. Motion was then made by Commissioner Puto and seconded by commissioner Lytton to authorize the issuance of a Certificate of Public Convenience and Necessity for ambulance services to Ocean Reef Volunteer Fire Department, Inc. ENGINEERING Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve Change Order No. 8 to the County's Contract with Hewett-Kier Construction Company for the Jerrry Ellis Building and for the County Administrator and the Clerk to prepare the necessary trans- fers for Board approval. Motion carried unanimously. EXTENSION SERVICES The County Administrator discussed the Artificial Reef Program with DNR and the work completed thereon. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to authorize payment to Advanced Marine Construction a/k/a Peter Jones for $14,850.00 and to the news publications (Secretary of State Florida Administration Weekly for $37.62, Keynoter for $56.25, Reporter for $l20.00 and Key West Citizen for $115.80) out of Contingency Fund. Motion carried unanimously. LIBRARY Motion was made by Mayor Hernandez and seconded by Commissioner Puto to proceed with an $8,000.00 Grant Application from the Florida Department of Education for the Literacy Volunteers of Monroe County Program. Motion carried unanimously. II 078 PUBLIC WORKS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve, subject to the appropriate budget transfer, a Change Order to the Ellis Building Contract with Hewett-Kier Construction, Inc. in the amount of $6,592.95 for the purpose of extending Builder's Risk Insurance coverage. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to authorize Post, Buckley, Schuh & Jernigan to proceed with the re-design of Key Deer Boulevard/Wilder Road/US 1 intersection on Big Pine Key. Motion carried unanimously. SOCIAL SERVICES 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 Agreement by and between the Board and Diane Tyree, R.D. for the provisions of nutrition consultation services. Motion carried unanimously. RESOLUTION NO. 226-l987 See Res. Book No. 59 which is incorporated herein by reference. PLANNING, BUILDING ~ ZONING Mr. Pattison discussed the work on the RFP, the funding of the North Key Largo Habitat Conservation Plan Study, and indicated that he would have a report at the next Board meeting on July 7, 1987. Bud Post and Fred Tittle addressed the Board concerning this matter. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve the application of Fred Riffe for a dredge and fill permit for proposed excavation for docking facility at Lot 58, Block 2, Center Island, Duck Key, per staff recommendation and conditional approval as set out in memorandum of May 31, 1987 from George Garrett, Environmental Resources Coordinator, to Charles Pattison, Planning Director: 1. Mangroves and bay cedar removed during construction should be replaced on site. 2. All excavation should be carried out utilizing turbidity screens. Silt screens should be used in conjunction with the placement of rip rap in order to control the erosion of fine material from behind the rip rap. 3. Fill removed from the excavation area should be placed on the site in such a manner as to minimize storm water runoff. Fill should be spread and stabilized. A reverse swale berm should be created in order to minimize runoff to adjoining properties. Motion carried unanimously. II 079 COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed his meeting with pritham Singh concerning the parking situation at Jackson Square. He indicated that Mr. Singh would be making a proposal to the County within the next several weeks. -- The County Administrator advised the Board of his meeting with Dr. Siegal concerning the request of extension of time for the closing of the dialysis unit. He indicated that he would continue to monitor this situation. Mr. Brown discussed the Vested Rights Hearings and indicated that there would be instances where a Zoning Board would be required. He recommended that the Planning Commission be also designated as the zoning Board for cases involving vested rights. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to designate the Planning Commission as the Zoning Board in vested rights cases. Motion carried unanimously. The County Administrator recommended to the Board that Ronald Binns be appointed as the coordinator for the clean-up project in the Upper Keys. This appointment was affirmed by acclamation of the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to authorize payment of the follow- ing invoices: - 1. C & M Electronics, in the amount of $3,830.28 for maintenance services on the Translator System. 2. Siemon, Larsen, Mattlin & Purdy, in the amount of $8.40 for services in connection with the Port Bougainville appeal. 3. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $1,366.86 for payment of Invoice No. 26062 for services rendered in connection with Harry Harris Park/Lighting Ballfields. 4. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $898.45 for payment of Invoice No. 26061 for services rendered in connection with the Monroe County Storage Tank Inspection/Report. 5. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $1,216.46 for payment of Invoice No. 26060 for services rendered in connection with Environmental Permitting for Replacement of Higgs Beach Pier. 6. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $3,024.35 for payment of Invoice No. 26059 for services rendered in connection with Rehabilitation of White Street Pier & Surrounding Park Areas. 7. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $265.26 for payment of Invoice No. 26058 for services rendered in connection with Harry Harris Park Improvement Planning/Grant Applications. 8. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $1,208.46 for payment of Invoice No. 26057 for services rendered in connection with Repairs & Modifications to Gun Mounts, Higgs Beach. II 080 9. The Porter Allen Company, Inc. in the amount of $30,4l3.00 for the cost of the change of Auto Schedule Endorsement to Policy No. H00187l48. lO. Florida Windstorm Underwriting Association in the amount of $4l,348.00 for renewal of the 1987-88 Windstorm Policy No. 92428 and $71,790.00 for renewal of the 1987-88 Windstorm Policy No. 92429. ll. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $37,825.62 for payment of invoices for period of March 27 through April 24, 1987 for services rendered in connection with Road Work. 12. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $23.45 for payment of Invoice No. 26052 for services rendered in connection with Plantation Key Government Center Wastewater Treatment Plant. 13. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $904.08 for payment of Invoice No. 26056 for services rendered in connection with Card Sound Road and Toll District. 14. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $531.14 for payment of Invoice No. 26053 for services rendered in connection with Phase I(b) - Second Floor Addition to Plantation Key Government Center. 15. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $9,542.25 for payment of Invoice No. 26184 for services r~ndered in connection with Monroe County Jail/Government Facilities Planning Study. 16. Post, Buckley, Schuh & Jernigan, Inc. in the amount of $472.00 for payment of Invoice No. 26054 for services rendered in connection with Jerry Ellis Building Second Floor Interior Finishes. 17. Hewett-Kier Construction, Inc. in the amount of $65,473.67 for Progress Payment No. 13 for work performed through May 31 on the Monroe County Justice Building. 18. Hewett-Kier Construction, Inc. in the amount of $41,782.99 for Progress Payment No. 11 for work performed through May 31 on the Plantation Key Government Center. 19. Henry Naubereit in the amount of $500.00 for services from April 15 through May 17. 20. District School Board of Monroe County in the amount of $177.00 for leasing of space at Truman School for the period of June 1 through June 30. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to accept the low bid of $26,000.00 from David W. Tuttle to proceed with remodeling office space for Building Department, funding to come from the DCA Contract. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve the following Proposed II 081 Schedule For Budget Hearings, LUP Text Changes and Map Amendments - all meetings scheduled for Key Colony Beach City Hall from 9:00 a.m. until 5:00 p.m. except as otherwise noted: DATE - July 21 July 22 July 23 July 24 July 27 July 29 July 30 July 31 August 4 August 5 - DAY TYPE OF MEETING Tuesday Regular Board Meeting Wednesday Text Change Hearings Thursday Text Change Hearings Friday Text Change Hearings Monday Backup Text Change Hearings Wednesday Text Change Hearings Thursday Text Change Hearings Friday Text Change Hearings Approval of Tentative Budget Tuesday Regular Board Meeting Wednesday Budget Workshop (Recess 2:00 p.m. for Audit Board meeting) August 6 Thursday Budget Workshop Budget Workshop August 7 Friday Backup Budget Workshop August 10 Monday August 14 Friday Certification - Property Appraiser Millage August 18 Tuesday Regular Board Meeting August 26 Wednesday Map Change Hearings Map Change Hearings August 27 Thursday August 28 Friday Sept. 1 Sept. 9 Sept. 10 Sept. 11 Sept. 15 Sept. 16 Map Change Hearings Tuesday Regular Board Meeting Wednesday Map Change Hearings Thursday Friday Map Change Hearings Map Change Hearings Tuesday Regular Board Meeting Wednesday Map Change Hearings SPECIAL NOTES 9:00 a.m. - Tavernier 5:00 p.m. 5:00 p.m. Special Meeting 9:00 a.m. - Marathon Constitutional Officers - 310 Fleming - Key West 5:00 p.m. - 9: 00 a.m. - Key West 5:00 p.m. 9:00 a.m. - Plantation 9:00 a.m. - Key Colony " II 0 82 1'e it '!J.~ Sept. 18 Friday Map Change Hearings Map Change Hearings First Public Hearing For The Budget Sept. 17 Thursday Sept. 28 Monday Final Public Hearing For The Budget 1:00 - 6:00 p.D 6:00 p.m. 6:00 p.m. - Key West Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve the RFP for Computer Mapping/Geographic Information System submitted by George Harper, Data Processing Coordinator. Motion carried unani- mously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the request for approval for Hewett-Kier Construction Company to proceed with generator connection work on the Lester Building in the amount of $96,070.39. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to grant Hewett-Kier Construction Company a ~~ -day extension to the Justice Building Contract. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the request to reduce the retainage on the Ellis Building and the Lester Building from 10% to 5%. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to adopt the following Resolution interpreting Section 3-101 H-3 (Height Definition) to permit a portion of a roof line to exceed 35 feet in height on buildings as a spire; providing said spire does not cover more than one-third of the total roofing area and does not exceed 44 feet in height. Fred Tittle addressed the Board. Motion carried unanimously. RESOLUTION NO. 227-l987 See Res. Book No. 59 which is incorporated herein by reference. COUNTY CLERK Mr. Hutchison of Prudential-Bache addressed the Board and advised that his firm was interested in presenting proposals to the County in any future bond issues, including Card Sound Bridge. He requested that his firm be allowed to be appointed to the Financing Team studying the financing of the Card Sound Bridge improvements. No action was taken. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the following Fine and Forfeiture Expenditures: COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Jeffrey J. Elenewski, Ph.D., in the amount of $270.00; Guidance Clinic of the Upper Keys, in the amount of $200.00; Richard Hellmann, Ph.D., in the amount of $150.00; Mental Health Care Center of the Lower Keys, Inc., in the amount of $400.00. COURT-APPOINTED ATTORNEYS, Raymond O. BOdiford, in II 083 the amount of $1,005.001 Michael E. Cox, in the amount of $220.501 Roberta S. Fine, in the amount of $866.751 Francis H. Muldoon, Jr., in the amount of $250.001 Erol M. Vural, in the amount of $l092.50. - OTHER EXPENSES & COSTS, Christian Keedy, M.D., in the amount of $250.001 Louis J. Spallone, Clerk, in the amount of $300.00; J. D. ZeBranek, Jr., in the amount of $324.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $245.001 Stan Brink & Associates, in the amount of $311.401 Judy B. Brooks, in the amount of $l87.001 Florida Keys Reporting, in the amount of $1,191.501 Nancy J. Maleske, in the amount of $301.001 Mayda R. Maloney, in the amount of $100.801 Nichols & Hardy Court Reporters, in the amount of $46.50. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $l30.001 Serafin Calero, in the amount of $45.001 Irma Lopez de Pugh, in the amount of $85.001 Robert Lastres, in the amount of $825.001 Mayda Maloney, in the amount of $l50.001 Julia Pranschke, in the amount of $35.00; Alma Renta, in the amount of $2l5.00. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $2,870.16. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve the following Warrants: - GENERAL REVENUE FUND, #69965-#69968 and #70247- #70951, in the amount of $1,906,927.27. GENERAL REVENUE FUND, Barnett Bank, FRS, tl60, in the amount of $52,976.40.---- $650.55. FINE ~ FORFEITURE FUND, #592-t593, in the amount of AIRPORT OPERATION & MAINTENANCE FUND, #401, in the amount of $4l2.72. MSD TAX DISTRICT, #944, in the amount of $9,200.00. CAPITAL PROJECTS FUND, #222-t226, in the amount of $374,176.79. ---- WORKERS COMPENSATION, t2l99-t2203, in the amount of $1,319.13. TOURIST DEVELOPMENT COUNCIL, #394 Void, 1395-'398, n the amount of $4,072.00. 7l6-7l7 SPECIAL TAX DISTRICT, PLANNING, BUILDING & :ODE ENFORCEMENT, t60-t6l~n the amount of $l8,338.04. -- ~otion carried unanimously. Motion was made by Commissioner Lytton and seconded )y Commissioner Puto to adopt the following Resolutions con- ~erning receipt of unanticipated funds for Fiscal Year 1986- 987. Motion carried unanimously. II 084 RESOLUTION NO. 228-1987 RESOLUTION NO. 229-l987 RESOLUTION NO. 230-1987 RESOLUTION NO. 23l-l987 RESOLUTION NO. 232-1987 RESOLUTION NO. 233-l987 RESOLUTION NO. 234-1987 RESOLUTION NO. 235-1987 RESOLUTION NO. 236-1987 RESOLUTION NO. 237-l987 RESOLUTION NO. 238-1987 RESOLUTION NO. 239-l987 RESOLUTION NO. 240-1987 RESOLUTION NO. 241-1987 RESOLUTION NO. 242-l987 RESOLUTION NO. 243-1987 RESOLUTION NO. 244-1987 RESOLUTION NO. 245-1987 See Res. Book No. 59 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution transferring funds for Fiscal Year 1986-1987. Motion carried unanimously. RESOLUTION NO. 246-1987 See Res. Book No. 59 which is incorporated herein by reference. AWARDING BIDS The following bids were received for Pest Control Services: Floridian Pest Control 1401 White Street Key West, Florida $300.00/month Southernmost Pest Control, Inc. 3209 Flagler Avenue Key West, Florida $300.00/month Terminix International, Inc. 2302 Roosevelt Boulevard Key West, Florida $430.00/month Motion was made by Commissioner Puto and seconded by Commissioner Stormont to accept the recommendation of the County Administrator and award the bid for Pest Control Services to Southernmost Pest Control, Inc. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *