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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 II 1 1 9 -- 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 I 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. II 121 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. I 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 II 124 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. -- 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. --- II 127 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. * * * * * 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 II 129 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 II 130 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. * * * * * 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. * * * * * 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. * * * * * 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. * * * * *