07/21/1987 Regular
II 1 1 8
Regular Meeting
Board of County Commissioners
July 21, 1987
Plantation Key
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in the Courtroom at Plantation Key Government Center.
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 Rosalie L. Connolly, Deputy Clerk~
Shelley Brown, Deputy Clerk~ Bob Leeman, Assistant 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
Mayor Hernandez discussed the recent NACO
Conference. He advised that he had been appointed to the
Board of Directors of NACO. Commissioner Stormont advised
that he was a Director-At-Large.
Ms. Ann DiSetta of Langton Associates, Inc.,
Jacksonville, Florida, made a presentation to the Board con-
cerning that firm's interest in providing services to the
County regarding grant programs. Motion was made by Mayor
Hernandez and seconded by Commissioner Lytton to instruct
the County Administrator to meet with a representative of
Langton Associates, Inc. this week and firm up a proposal to
be brought back before the Board at the next Regular Meeting
of the Commission. Motion carried unanimously.
Motion was made by Mayor Hernandez and seconded by
Commissioner Lytton to instruct the Legal Department to
advertise for three Public Hearings a proposed Ordinance
creating a Beach Authority for the restoration and control
of the shoreline and the economics concerned therewith.
Motion carried unanimously.
Motion was madde by Mayor Hernandez and seconded by
Commissioner Stormont to instruct the Legal Department to
advertise for three Public Hearings a proposed Ordinance
regarding abandoned and derelict motor vehicles. Motion
carried unanimously. One deputy and scope of duties were to
be tried out as a pilot project in the Upper Keys.
Ron Binns of the Public Works Department made a
report to the Board concerning the current clean-up campaign
in the Upper Keys and future plans for County-wide clean-up
efforts.
Commissioner Lytton discussed the Commerccial
Fishing Residential Designation. Bill Moore of O.F.F.,
Grace Manillo representing Tropical Bay Property OWners
Association, and Vern Pokorski addressed the Board.
Commissioner Stormont discussed the Lower Keys Registration
List, Status at April 25, 1987, and the corresponding
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memorandum dated April 28, 1987. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to pass all of the items on the Registration List of April
25, 1987 that show no numbered comments in the Notes Column.
Motion carried unanimously. Motion was made by Commissioner
Stormont and seconded by Commissioner Lytton to pass all of
the items on the Registration List of April 25, 1987 that
are numbered 1 in the Notes Column which indicates scrive-
nor's errors and changing the record to show scrivenor's
corrections. Motion carried unanimously. Motion was made
by Commissioner Stormont and seconded by Commissioner
Freeman to pass all of the items on the Registration List of
April 25, 1987 that are numbered 8 in the Notes Column which
refers to combined ID numbers per the Property Appraiser's
records. Motion carried unanimously. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to pass all of the items on the Registration List of April
25, 1987 that are numbered 9 in the Notes Column which indi-
cates a possible former owner. Motion carried unanimously.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to pass all items on the Registration
List of April 25, 1987 that are numbered 2 in the Notes
Column contingent upon clarification and verification within
ninety days by the applicant of questions from the list.
Bill Moore addressed the Board. Motion carried unanimously.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to pass all items on the Registration
List of April 25, 1987 that are numbered 3 in the Notes
Column contingent upon valid license date verification.
Motion carried unanimously. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to include on
subsequent lists and subsequently qualify all those that are
numbered 7 in the Notes Column on the Registration List of
April 25, 1987 after completed applications are received
from applicants and include also the additional items in
Charles Pattison's memorandum of July 17th. Motion carried
unanimously. Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to remove all items on the
Registration List of April 25, 1987 that are numbered 5 in
the Notes Colummn because they are already appropriately
zoned. Motion carried unanimously. Motion was made by
Commissioner Stormont and seconded by Commissioner Lytton to
pass all items on the Registration List of April 25, 1987
that are numbered 6 in the Notes Column. Motion carried
unanimously. Motion was made by Commissioner Lytton and
seconded by Commissioner Freeman to pass all items on the
Registration List of April 25, 1987 that are numbered 10 in
the Notes Column. 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 Stormont
and seconded by Commissioner Freeman to pass the items on
the Registration List of April 25, 1987 that are numbered 11
in the Notes Column to accept the corporation status as a
person. Motion carried unanimously. The Planning
Department was directed to make the corrected Registration
List a model for the rest of the Keys.
Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to approve travel reimbursement to
Commissioner Lytton for the penalties paid by him on airline
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II 1 2 0
tickets that were turned in for refund inasmuch as
Commissioner Lytton could not attend the NACO Conference in
Indiana. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to acquire the services of a Court
Reporter for the upcoming Text and Map Change Meetings, with
payment to be out of the legal funds of the DCA Contract.
Motion carried unanimously.
The Board entered into a discussion concerning the
proposed Ordinance regarding the levy of an additional one
cent sales tax for infrastructure projects. Motion was made
by Commissioner Lytton and seconded by Commissioner Freeman
to go forward with the Ordinance advertising the Referendum
and that the projects be included specifically by name for
Monroe County and by generic listings for the municipali-
ties. Motion carried unanimously. Motion was then made by
Mayor Hernandez and seconded by Commissioner Freeman to
amend the proposed Ordinance to remove the words "Fishing
pier and beach renourishment in Key West~" on Page 2 under
the heading of Monroe County. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded by Mayor
Hernandez to insert in Section 4 of the proposed Ordinance
the words "in the specific formula contained in F.S.
218.62," after the words "various municipalities," in the
third line thereof. Motion carried unanimously. The
Assistant County Attorney was directed to insert "State Road
C905A Refurbishment" under the heading of Monroe County on
Page 2 of the Ordinance and to amend "Stock Island
recreational park" to read "Stock Island and other unincor-
porated area recreational parks." Motion was then made by
Commissioner Lytton and seconded by Commissioner Puto to
adopt the following Resolution requesting the Supervisor of
Elecctions to conduct a Referendum Election on October 6,
1987 for the levy of an additional one cent sales tax for
the purposes of financing capital infrastructure. Roll call
vote was unanimous.
RESOLUTION NO. 288-1987
See Res. Book No. 60 which is incorporated herein by
reference.
SOUNDING BOARD FOR PUBLIC INPUT
Mitchell Major addressed the Board concerning live
satellite coverage of the USS Key West Commissioning
Ceremony in Norfolk, Virginia and corresponding local func-
tions and requested a $10,000 contribution from the County
to cover costs connected therewith. No action was taken at
this time.
Trula Motta, representing Domestic Abuse Shelter,
Inc., addressed the Board. Motion was made by Mayor
Hernandez and seconded by Commissioner Puto to approve the
Community Services Trust Fund Grant Application from
Domestic Abuse Shelter, Inc. to the Florida Department of
Community Affairs, contingent that no other request be
brought forth prior to the submission deadline. During
discussion, motion was withdrawn. Motion was then made by
Commissioner Stormont and seconded by Commissioner Puto to
approve co-execution and submission of the Community
Services Trust Fund Grant Application of Domestic Abuse
Shelter, Inc. to the Florida Department of Community
Affairs. Motion carried unanimously.
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COMMISSIONERS' ITEMS
Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to reconsider the Board's
previous action and vote on the authority to advertise the
proposed Ordinance regarding the levying of a one cent sales
tax for infrastructure projects. Motion carried unani-
mously. Motion was then made by Commissioner Stormont and
seconded by Commissioner Lytton to delete entire Section 1
of the proposed Ordinance and to remove from the caption and
the Ordinance itself any and all reference to a "twenty per-
cent sales surtax" and instruct the County Attorney to indi-
cate the words "one cent sales tax" throughout the caption
and Ordinance. Motion carried unanimously.
MUNICIPAL SERVICE DISTRICT
John Parks of Parks & Niles, P.A., Certified Public
Accountants, addressed the Board concerning the Annual Audit
of the Franchisees. Motion was made by Mayor Hernandez and
seconded by Commissioner Stormont to accept the Annual Audit
of the Garbage Franchisees as submitted by Parks & Niles,
P.A., Certified Public Accountants. Motion carried unani-
mously.
COMMISSIONERS' ITEMS
Motion was made by Mayor Hernandez and seconded by
Commissioner Lytton to authorize travel for any County
Commissioner to attend a conference on October 14 and 15,
1987 in St. Petersburg Beach being hosted by the Florida
Chamber of Commerce and the Department of Health and
Rehabilitative Services Office of Aging and Adult Services.
Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to authorize the Florida Highway
Patrol and Sheriff's Department to hold a Volunteers'
Appreciation Barbeque at Harry Harris Park on September 26th
from 10:00 to 6:00, subject to necessary insurance and other
approvals, and to include a waiver of alcohol restrictions
if necesary. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to authorize the Greater Marathon
Hotel and Motel Association to use the Old 7-Mile Bridge on
October 10th and 11th for the holding of a No Boat Fishing
Tournament. Motion carried unanimously.
Commissioner Stormont discussed his appointment to
the Translator Board. Motion was made by Commissioner
Stormont and seconded by Commissioner Puto to accept
Commissioner Stormont's appointment of Hoyt Wilson to the
Translator Board. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Freeman to adopt the following Resolution
rescinding Resolution No. 268-1987 and authorizing the Mayor/
Chairman of the Board to execute a Business Lease by and
between David W. Wolkowsky and the Board of County
Commissioners concerning office space in Key West for the
Public Defender's Office. Motion carried unanimously.
RESOLUTION NO. 289-1987
See Res. Book No. 60 which is-rncorporated herein by
reference.
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II 122
BULK APPROVALS
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to approve the following items by una-
nimous consent:
Board authorized removal from Social Services Inventory and
disposition of the following surplus items in accordance
with Florida Law:
Old Navy Hospital Beds - up to sixty-six beds (donated).
Bayshore Manor - standard beds, up to forty beds.
Bayshore Manor - hospital beds, up to twenty beds.
Bayshore Manor - shutter doors, up to twenty shutters.
Board authorized, subject to final invoice approval by the
Finance Department, payment of Tourist Development Council
expenditures in the amount of $427,383.09 (7/9/87 Input
Da te) .
Board approved the following Term Plan Agreements with AT&T
Information Systems, Inc. under Contract No. 0145354049:
Order #036148754, Order #036148754-01, Order 1005805154,
Order #037053134-01, Order 1906087694.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute an Agreement by and
between the Florida Department of Community Affairs and
Monroe County concerning post-disaster redevelopment.
RESOLUTION NO. 290-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the
Chairman of the Board to execute an Agreement by and between
Monroe County and Southernmost Pest Control, Inc. for pest
control services.
RESOLUTION NO. 291-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Board authorized the transfer of $10,000 for the Public
Works Department as follows:
FROM ACCOUNT NUMBER
102-094000-541521-0
LINE ITEM
Gas, Oil & Lube
TO ACCOUNT NUMBER
102-300000-541640-0
Capital Outlay
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Ralph Bailey for Advanced Design Construction, for an
853 square foot addition below the 100-Year Flood Elevation
(existing structure is 1722 square feet and built in 1966)
on Lot 6, Ocean Reef, Channel Cay, Key Largo~ Zoned IS -
Improved Subdivision~ Coastal Flood Zone A-16, Panel 0659C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Frank A. Dovelle, Jr. for the construction of a 672
square foot enclosure below the 100-Year Flood Elevation at
the existing single-family residence on Lot 26, Roosevelt
Point, 70th Street, Gulf, Vaca Key~ Zoned IS - Improved
Subdivision~ Coastal Flood Zone A-13, Panel l58lC.
II 123
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Ramon Fernandez for the construction of a l2x 56 square
foot addition and roof over existing trailer for storage
only below the 100-Year Flood Elevation on Lot 35, Robinson,
5th Avenue, Stock Island~ Zoned URM - Urban Residential
Mobile Home District~ Coastal Flood Zone A-lO, Panel l728C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Joseph Gunter for the construction of a 1120 square foot
enclosure below the 100-Year Flood Elevation for parking and
storage only on Lot 2, Block 9, Eden Pines Colony" 1st
Addition, Azalea, Big Pine Key~ Zoned IS - Improved
Subdivision~ Coastal Flood Zone V-12, Panel l5l7D.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Frank Haigney for the placement of a mobile home below
the 100-Year Flood Elevation and contiguous to the
surrounding mobile homes on Lot 30, Block 4, Geiger Mobile
Homes, Geiger Key~ Zoned URM - Urban Residential Mobile
Homes~ Coastal Flood Zone A-lO, Panel l734C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Larry Hendrick for the construction of a 6300 square foot
building - office and storage building - to be built below
the 100-Year Flood Elevation on Lots 7, 8, 9 and 10, Block
47, Maloney, Corner of 2nd and 4th Avenue, Stock Island~
Zoned MU - Mixed Use~ Coastal Flood Zone V-12, Panel l728C.
-- Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Mr. and Mrs. Cecil Highland for the construction of a
110 square foot addition to be built below the 100-Year
Flood Elevation at the existing 4,153 square foot single-
family residence built in 1972 on Lot 40, Ocean Reef,
Angelfish Cay, Key Largo~ Zoned IS - Improved Subdivision~
Coastal Flood Zone A-16, Panel 0659C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of William E. Lamary for the placement of a mobile home
below the 100-Year Flood Elevation and contiguous to the
surrounding mobile homes on Lot 63, Lake Surprise Estates,
Largo Road, Key Largo~ Zoned URM - Urban Residential Mobile
Home District~ Coastal Flood Zone V-16, Panel 0842C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Edward R. Peters for a 21 x 5l~ enclosure below the
100-Year Flood Elevation for storage only on Lots 9 and 10,
Block 1, Cudjoe Ocean Shores, US #1, Cudjoe Key~Zoned SC -
Suburban Commercial~ Coastal Flood Zone V-12, Panel l5llD.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of William C. Pitts, Jr. for the construction of a 495
square foot enclosure for storage only below the 100-Year
Flood Elevation on Lot 12, Block 7, Plantation Key Colony,
Woods Avenue, Plantation Key~ Zoned IS - Improved
Subdivision~ Coastal Flood Zone V-13, Panel l13lC.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Thomas and Carrie Ryan for a 288 square foot enclosure in
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addition to the 299 square foot enclosure ready for per-
mitting for storage only on Lot 23, 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 Fred E. Snowman, Jr. for the construction of six 287
square foot enclosures, in addition to 19,902 square foot
existing storage area, for storage only on Lots 27 and 28,
Block 3, Indian Waterways, N.W. Corner of US #1 and Seminole
Boulevard, Plantation Key~ Zoned IS - Improved Subdivision~
Coastal Flood Zone V-13, Panel l13lC.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Fred Tod (Turn Key Builders, Inc.) for the construction
of a 400 square foot addition below the 100-Year Flood
Elevation - for storage and habitation - at the existing
structure built in 1966 consisting of 2,749 square feet on
Lot 31, Block 16, Ocean Reef Plat 13, Sunset Cay Road, Key
Largo~ Zoned IS - Improved Subdivision~ Coastal Flood Zone
V-16, Panel 0658C.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Newton D. Ward for a 520 square foot garage to be built
below the 100-Year Flood Elevation (existing slab is 12',
however garage must be built 12' to the bottom of the lowest
supporting beam to meet the FEMA Regulations) on Lot 37,
Ocean Reef, Snapper Point, Key Largo~ Zoned IS - Improved
Subdivision~ Coastal Flood Zone V-16, Panel 0658E.
COUNTY ATTORNEY
Board granted permission to advertise for Public Hearing a
proposed Ordinance providing for the creation of Pigeon Key
Advisory Authority.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute an Interlocal Agreement
by and between the City of Key Colony Beach and Monroe
County in re: the preparation of an Impact Fee Ordinance
concerning new development in the City of Key Colony Beach.
RESOLUTION NO. 292-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Board adopted the following Resolution requesting the
Supervisor of Elections to conduct a Referendum Election on
October 6, 1987 for the establishment of a Municipal Service
Taxing Unit in Cross Key Waterway Estates on Key Largo for
the purpose of providing street lighting.
RESOLUTION NO. 293-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Board granted permission to the Legal Department to adver-
tise for Public Hearing a proposed Ordinance creating a
Municipal Service Taxing Unit (District) to include certain
properties in Cross Key Waterway Estates Subdivision for the
purpose of providing street lighting.
Board granted permission to the Legal Department to adver-
tise for Public Hearing a proposed Ordinance amending
II 125
Subsection 13-45 of the Monroe County Code, further defining
the term "motorized vehicles".
MUNICIPAL SERVICE DISTRICT
Board authorized payment of $24,966.71 to Parks & Niles,
P.A., Certified Public Accountants, for audit work performed
for the Year ended December 31, 1986 for the Garbage
Franchisees.
Board authorized travel for Charles Aguero and Jim Baker to
attend the annual GRCDA conference in St. Paul, Minnesota in
August.
AIRPORTS
Board approved and authorized the Mayor/Chairman to execute
an Agreement by and between the Board and BR&R Associates,
Inc. for the preparation of a FAR Part 150 Noise
Compatibility Study for Key West International Airport.
Board approved and authorized the Mayor/Chairman to execute
an Agreement by and between the Board and BR&R Associates,
Inc. for the preparation of a FAR Part 150 Noise
Compatibility Study for Marathon Airport.
PUBLIC WORKS
Board authorized execution of Change Order No. 1 to General
Asphalt Company, Inc. for Key Largo Roads IV for a decrease
in the amount of $274.77.
PLANNING, BUILDING & ZONING
Board authorized the transfer of $30,000.00 for the Planning
Department as follows:
FROM ACCOUNT NUMBER
716-920000-585-992
LINE ITEM
Reserve Salary Adj.
TO ACCOUNT NUMBER
716-100200-524-120
Building Salaries
Board authorized the transfer of $15,000.00 for the Planning
Department as follows:
FROM ACCOUNT NUMBER
716-100200-515-120
LINE ITEM
Building Salaries
TO ACCOUNT NUMBER
716-100100-515-120
Planning Salaries
Board accepted the Application for Vested Rights Hearing
from Ocean Reef Club, Inc.
Board accepted the Application for Vested Rights Hearing
from Steven and Deidre Mirmelli - Ocean Harbor.
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COUNTY ADMINISTRATOR
Board authorized payment of the following invoices:
1. Vernis & Bowling, P.A., in the amount of $212.00
for professional services re Beatty vs. Monroe
County.
2. Henry Naubereit, Translator Consulting Engineer,
II 126
in the amount of $552.80, for services rendered
May 18 through June 17, 1987.
3. Muller, Mintz, Kornreich, Caldwell, Casey, Cros-
land & Bramnick, P.A., in the amount of $778.60
for payment of Invoice 3259 for services rendered.
4. Risk Control Associates, Inc., in the amount of
$1,280.00 for insurance consulting services for
the month of June, 1987.
5. Frank Keevan & Son, Inc., in the amount of
$24,750.00 for Final Payment for the No Name Key
Fender System.
6. Vernis & Bowling, P.A., in the amount of $2,400.00
for services rendered re Kraemer vs. Florida
Department of Transportation.
COUNTY CLERK
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellmann, Ph.D., in the amount of $225.00~ Guillermo D.
Marcovici, M.D., P.A., in the amount of $300.00.
COURT-APPOINTED ATTORNEYS, Patrick T. Canan, in the
amount of $580.30~ John M. Davis, in the amount of
$1,448.00~ Jeff R. Hall, in the amount of $1,422.50~ William
Kuypers, in the amount of $434.25~ Jeffrey B. Meyer, in the
amount of $1,824.50~ Erol M. Vural, in the amount of
$637.50~ Nicholas Thomes, in the amount of $2,489.25~ Joseph
Wolkowsky, in the amount of $1,877.50.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $275.20~ Florida Keys Reporting
Service, in the amount of $184.80~ Nancy J. Maleske, in the
amount of $304.55.
COURT INTERPRETER SERVICES, Juan Borges, in the
amount of $260.00~ Serafin Calero, in the amount $15.00~
Elizabeth Diaz, in the amount of $25.00~ Maria Sardina, in
the amount of $50.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $1,033.65.
Board approved the following Warrants:
GENERAL REVENUE FUND, '72542-#73124, in the amount
of $2,575,265.59. ----
SUPPLEMENT TO GENERAL REVENUE FUND, 1195-1196, in
the amount of $34,92~30.
FINE & FORFEITURE FUND, '607-#611, in the amount of
$1,175,208.17.- ----
AIRPORT OPERATION & MAINTENANCE FUND, #407-#409, in
the amount of $18,667.43.
ROAD & BRIDGE FUND, 1454-#456, in the amount of
$100,268.~ - ----
MSD TAX DISTRICT, #965-#966, in the amount of
$230,334.69. ---
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MSD, Marine Bank, Marathon, #382-#383, in the
amount of-s62,968.l0.
MSD, Pledged Funds, #91, in the amount of
$250,000.00.
-
LAW LIBRARY FUND, #203-1204, in the amount of
$3,474.76:-- ----
CAPITAL PROJECTS FUND, #232-1233, in the amount of
$240,803.49. ----
CARD SOUND BRIDGE FUND, #180-1181, in the amount of
$6,983.36:--- ----
WORKERS COMPENSATION, '2239-12250, in the amount of
$17,149.40.
TOURIST DEVELOPMENT COUNCIL, #409-#418, in the
amount of $32,501.77.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, 1191-
#193, in the amount of $123,062.00.
TRANSLATOR FUND, #140-1141, in the amount of
$2,666.84. ----
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, in the amount of $139,129.43.
-
Board accepted, pursuant to Florida Statutes 932.704(5), the
Sheriff's Report Of Forfeited Vehicles/Vessels for the
Quarter Ending June 30, 1987.
Board accepted Sheriff's Report Of Claims In Excess Of Costs
for the Quarter Ending June 30, 1987.
Board adopted the fOllowing Resolutions concerning decrease
in receipt of unanticipated funds for the year 1986-1987.
RESOLUTION NO. 294-1987
RESOLUTION NO. 295-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds for the year 1986-1987.
RESOLUTION NO. 296-1987
See Res. Book No. 60 which is-rncorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds for the year 1987-88.
RESOLUTION NO. 297-1987
RESOLUTION NO. 298-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
for the year 1986-87.
RESOLUTION NO. 299-1987
See Res. Book No. 60 which is incorporated herein by
reference.
II 128
Board granted authority to the Clerk to advertise for Public
Hearing an Amendment to the TDC Budget for Fiscal Year 1986-
1987.
Motion carried unanimously.
The Board recessed for lunch at 12:15 p.m.
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The Board reconvened at 1:45 p.m. with all
Commissioners present.
AIRPORTS
Fred Cabanas, representing Conch Classic Air
Tours, addressed the Board and requested that his organiza-
tion be allowed to sponsor an air show on September 5th at
the Key West International Airport. After a lengthy
discussion, motion was made by Mayor Hernandez and seconded
by Commissioner Lytton to grant tentative approval for Conch
Classic Air Tours to sponsor an air show on September 5th at
the Key West International Airport contingent upon all FAA
approvals, providing that a $2,000,000 insurance policy be
set in place, that the times of the show be strictly adhered
to, that there be no interruption of commercial air traffic,
and that Island City Flying Service close down operation
while the show is taking place. Roll call vote was taken
with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
No
No
Yes
Motion failed.
PLANNING, BUILDING ~ ZONING
Charles Pattison, Director, introduced all of the
departmental employees from the Upper Keys.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
providing for funding of Local Criminal Justice Training
from civil penalties assessed by the County Court~ providing
for severability~ providing for the 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. Proof of publication was entered into the
record. Motion was made by Mayor Hernandez and seconded by
Commissioner Lytton to read by title only. Motion carried
unanimously. Sheriff Freeman addressed the Board. 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. 025-1987
See Ord. Book No. 14 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance amending Section 2-261(1) and (2), Monroe County
Code, pertaining to reimbursement of Volunteer Fire and
Ambulance Personnel and Chiefs in the Special Fire and
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Ambulance Tax Districts~ said increases to go into effect on
October 1, 1987~ providing for severability~ providing for
the repeal of all Ordinances or parts thereof in conflict
herewith~ providing for incorporation into the Monroe County
Code~ and providing for an effective date. Proof of publi-
cation was entered into the record. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
read by title only. Motion carried unanimously. There was
no public input. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to adopt the Ordinance.
Motion carried unanimously.
ORDINANCE NO. 026-1987
See Ord. Book No. 14 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
adopting the Florida Uniform Traffic Control Law~ adopting
the Florida Uniform Dispostion of Traffic Infractions Act~
repealing specified Ordinances~ adopting by reference
planning criteria concerning handicapped parking spaces~
providing for repeal of uncodified County parking regula-
tions in conflict~ providing for the adoption of a uniform
County traffic citation for those County Traffic Ordinances
adopted under F.S. 3l6.008(1)~ providing for severability~
providing for repeal of all Ordinances in conflict~ pro-
viding for codification~ and providing for an effective
date. Proof of publication was entered into the record.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. There was no public input. Motion was made by
Commissioner Puto and seconded by Commissioner Freeman to
adopt the Ordinance. Motion carried unanimously.
ORDINANCE NO. 027-1987
See Ord. Book No. 14 which is incorporated herein by
reference.
COUNTY CLERK
Tom Long, Court Administrator, addressed the Board.
After discussion, motion was made by Commissioner Puto and
seconded by Commissioner Freeman to accept the recommen-
dation of Tom Long on behalf of the Jail Oversight Committee
and approve the submission of a Grant Application For
Justice Assistance Funds from the Florida Department of
Community Affairs in connection with the Monroe County Jail
Overcrowding Project. Motion carried unanimously.
PLANNING, BUILDING ~ ZONING
The Board entered into a discussion concerning the
applicants for the Planning Director's position. The County
Administrator advised that the Review Committee had made
three final selections out of the more than sixty-five
applicants. Motion was made by Commissioner Stormont and
seconded by Commissioner Lytton to direct the County
Administrator to interview the final three candidates and
make his recommendation of the most qualified person to the
Board for their final decision. After a lengthy discussion,
roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
No
Yes
No
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Motion failed. The County Administrator was directed to
bring the final three candidates to the August 4th
Commission Meeting for the Board's interview and decision.
After further discussion, motion was made by Commissioner
Stormont and seconded by Commissioner Lytton to approve tra-
vel expenditures for the three candidates for Planning
Director and also to include payment of one night's lOdging.
Motion carried unanimously.
The Board adjourned for a meeting of the Land
Authority.
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The Board of County Commissioners reconvened.
PLANNING, BUILDING & ZONING
Charles Pattison, Director, addressed the Board
concerning the North Key Largo Habitat Conservation Timeline
and Draft Request For Proposal. Alan Maxwell and Jacky
Robinson addressed the Board. Mayor Hernandez left the
meeting and Mayor Pro Tem Lytton assumed the Chair. Bud
Post, a representative of the Izaak Walton League, Doug
Halsey, Bill Skulthorpe, Dagny Johnson and Fred Tittle
addressed the Board. After lengthy discussion, motion was
made by Commissioner Freeman and seconded by Commissioner
Stormont to defer action until the September 1st meeting at
Plantation Key and to direct the Planning Director to revise
the Request For Proposal, giving full consideration to the
several changes proposed by the public. Motion carried una-
nimously with Mayor Hernandez absent from the meeting.
The Board of County Commissioners recessed.
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BOARD OF APPEALS
The Board of County Commissioners sat as the Board
of Appeals with all members present except Mayor Hernandez.
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.
After discussion, motion was made by Commissioner Stormont
and seconded by Commissioner Freeman to uphold the decision
of the Administrative Official and adopt the following
Resolution. Roll call vote was unanimous with Mayor
Hernandez not present.
RESOLUTION NO. 300-1987
See Res. Book No. 60 which is incorporated herein by
reference.
There being no further business, the Board of
Appeals adjourned.
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The Regular Meeting of the Board of County
Commissioners reconvened with all members present except
Mayor Hernandez.
II 131
COUNTY ATTORNEY
--
Bob Herman, Building Official, addressed the Board.
Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to adopt the following Resolution pro-
viding for the granting of a permit to G and G Trading,
Inc., d/b/a Angelo's Country Store, for the purpose of the
installation of the awning over its gasoline pumps on Lower
Matecumbe Key in Monroe County. Roll call vote was taken
with the following results:
Commissioner Freeman
Commissioner Puto
Commissioner Stormont
Mayor Pro Tem Lytton
Yes
Yes
No
Yes
Motion carried with Mayor Hernandez not present.
RESOLUTION NO. 301-1987
See Res. Book No. 60 which is incorporated herein by
reference.
MUNICIPAL SERVICE DISTRICT
Charles Aguero, MSD Manager, addressed the Board.
Motion was made by Commissioner Freeman and seconded by
Commissioner Stormont to authorize payment to Parks & Niles,
P.A., Certified Public Accountants, for audit services per-
formed for the year ended December 31, 1985 as set out below
and to direct the Clerk to deduct said amounts from the
next paYment to the appropriate Franchisees:
--
Bland Disposal Service, Inc.
Baltuff Disposal Service, Inc.
Island Disposal Company, Inc.
Marathon Garbage Service, Inc.
Keys Sanitary Service
$ 1,567.00
$ 1,137.00
$ 1,640.00
$ 2,420.00
$ 3,457.00
Motion carried unanimously with Mayor Hernandez absent from
the meeting.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize the MSD Manager to
proceed with budgeting for three deputies for Pollution
Control. Motion carried unanimously with Mayor Hernandez
not present.
COUNTY ATTORNEY
Bob Leeman, Assistant County Attorney, addressed
the Board. Motion was made by Commissioner Freeman to grant
permission to advertise a Surplus Property Call For Bids for
two sections of radio tower that were left over from the
Islamorada Tower System. Motion died for lack of a second.
After discussion, the County Administrator was directed to
look into this matter and report back to the Board at the
next meeting.
-
ENGINEERING
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board regarding liquidated damages on
contracts for Road Improvement Projects. Royal Webster of
General Asphalt Company addressed the Board regarding
liquidated damages on several of his contracts. After a
lengthy discussion, motion was made by Commissioner Puto and
seconded by Commissioner Lytton to accept the recommendation
I
II 132
of Post, Buckley, Schuh & Jernigan and approve three after-
the-fact Change Orders for General Asphalt Company for a
time extension which will extend the Contract to the date of
completion on the following Projects:
Key Largo Roads IV
Middle Keys Roads I
Key Vaca Roads IV
112 days
168 days
181 days
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Puto
Commissioner Stormont
Mayor Pro Tem Lytton
Yes
Yes
No
Yes
Motion carried with Mayor Hernandez not present. The Staff
was then directed to put every vendor on notice that if a
"liquidated damages" clause is present in any procurement
contract, it will be strictly enforced henceforth.
PLANNING, BUILDING ~ ZONING
Charles Pattison, Director, addressed the Board and
passed out some additional documents for the upcoming Map
and Text Change Hearings.
Bob Herman, Building Official, advised the Board
that though he has not yet received official written notifi-
cation, he has been verbally informed that FEMA has repealed
the clause regarding elevating mobile homes and will grand-
father them back in until September, 1988. He will keep the
Board advised.
Mr. Herman advised the Board that as of August 1st,
the local Building Offices will not be able to issue a
Certificate of Occupancy for new construction until the
prime contractor submits a Florida Department of Revenue
Application for a Certificate of Occupancy.
After discussion, motion was made by Mayor Pro Tem
Lytton and seconded by Commissioner Freeman to adopt the
following Resolution regarding permit fees. Motion carried
unanimously with Mayor Hernandez not present.
RESOLUTION NO. 302-1987
See Res. Book No. 60 which is incorporated herein by
reference.
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve and authorize exe-
cution of a revised contract with David Tuttle in the amount
of $24,800.00 for the renovation of the Planning Depart-
ment's office space, and waive the Performance Bond there-
for. Motion carried unanimously with Mayor Hernandez absent
from the meeting.
COUNTY ADMINISTRATOR
The Board entered into a lengthy discussion con-
cening invoices totaling approximately $22,000.00 from Post,
Buckley, Schuh & Jernigan, Inc. for the Rehabilitation of
White Street Pier & Surrounding Park Areas relative to
P.S.O. #MCG-5. Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to authorize payment to
Post, Buckley, Schuh & Jernigan for the outstanding invoices
and cancel P.S.O. #MCG-5 pertaining to the Rehabilitation of
I
,
II 133
White Street Pier & Surrounding Park Areas. Motion carried
unanimously with Mayor Hernandez not present. Motion was
then made by Commissioner Stormont and seconded by
Commissioner Puto that if not already in existence, it is
the policy of the Board that specific vote direction of the
Board of County Commissioners is required for the institu-
tion of and modification of any project over which the Board
has control, excluding the authority vested in the County
Administrator. Motion carried unanimously with Mayor
Hernandez absent from the meeting.
The County Administrator addressed the Board con-
cerning the Big Pine Key animal control situation. Motion
was made by Commissioner Stormont and seconded by
Commissioner Puto directing that the money in the Marathon
Budget be used for a temporary Animal Warden and an old
truck from Key West be used for the Big Pine Key animal
control problems. Motion carried unanimously with Mayor
Hernandez not present.
The Board entered into a discussion regarding the
600 Whitehead Street property. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to accept the County Administrator's recommendation that,
pending non-receipt of or rejection of bids for the sale of
600 Whitehead Street, the Board does authorize Post,
Buckley, Schuh & Jernigan, Inc. to submit a P.s.o. for pre-
paration of plans and specifictions for soliciting bids from
interested contractors to accomplish the construction of an
appropriate office building on the subject property as soon
as possible. Motion carried unanimously with Mayor
Hernandez not present.
..--
The County Administrator advised the Board of a
letter received from FEMA wherein they request a meeting
with the Board concerning variances to the Flood Hazard
Ordinance. After discussion, the County Attorney and the
County Administrator were directed to advertise for a
Special Meeting with FEMA on July 29th at 2:00 p.m. at Key
Colony Beach and the County Administrator was directed to so
advise FEMA officials.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to accept the County
Administrator's recommendation to reappoint Benny Fernandez,
P.I.C. of the Florida Keys, to the Private Industry Council
of South Florida and to appoint Mona Chase, Upper Keys
Chamber of Commerce and P.I.C. of the Florida Keys, to the
Council. Motion carried unanimously with Mayor Hernandez
not present.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to accept the County
Administrator's recommendation of basic terms to lease 1315
Whitehead Street at $12.00 per square foot per year, payable
at a monthly rate of $6,000.00, for a term of three years,
renegotiable at the end of that time. Motion carried unani-
mously with Mayor Hernandez not present.
The Board entered into a discussion concerning the
request from the Key West City Manager to schedule a Joint
City/County Commission Meeting for the purpose of discussing
and formulating actions for the Key West area beach refur-
bishment and White Street Pier renovation projects. The
County Administrator was directed to schedule a meeting with
the Key West City Commission for Friday, August 14th, at
2:00 p.m.
I
II 1 3 4
There being no further business, the meeting was
adjourned.
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