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11/17/1987 Regular KK 47 Regular Meeting Board of County Commissioners Tuesday, November l7, 1987 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date in Courtroom B at the Courthouse in Key West. Present and answering to roll call were Commissioner William Freeman, Commissioner Jerry Hernandez, Jr., Commissioner Michael Puto, Commissioner John Stormont, and Mayor Eugene Lytton. Also present were Danny L. Kolhage, Clerk; Rosalie L. Connolly, Deputy Clerk; Lucien Proby, County Attorney; Randy Ludacer, 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. Commissioner Puto presented a plaque to former Mayor Hernandez in appreciation of his work during his term as Mayor and Chairman of the Board of County Commissioners. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Tom Brown, County Administrator, and Donald Craig, Planning Director, presented a plaque and savings bond to Dianne Bair in recognition of her selection as the Employee of the Month for September. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to authorize the expenditure of $50.00 for Mayor Lytton's official media photos. Motion carried unanimously. Mayor Lytton and the Board entered into a lengthy discussion regarding County-owned land on Crane Boulevard on Sugarloaf Key. Fred Tittle addressed the Board. Motion was made by Mayor Lytton and seconded by Commissioner Freeman to direct the County Attorney to meet with the Engineering Staff and prepare and bring back at the next meeting a Resolution to offer to exchange with the Department of Natural Resources the 51 acres of County-owned land on Sugar loaf Key for 25 acres of land adjacent to the Long Key landfill. Lucien Proby, County Attorney, addressed the Board. Motion was withdrawn and the County Administrator was directed to re-schedule this matter for the December lst meeting. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution tracing and establishing the legislative history and mani- fest intent of the Board of County Commissioners of Monroe County concerning the contiguous lot element. Roll call vote was unanimous. RESOLUTION NO. 429-l987 See Res. Book No. 62 which is incorporated herein by reference. KK .'48 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept Mayor Lytton's reappoint- ments of Amy Foote and Jackie Wicks to the Florida Keys Council for the Handicapped. Motion carried unanimously. Mayor Lytton discussed a possible Resolution recognizing the Veterans Council of Monroe County as a standing advisory committee. Jerry Parrish of the Veterans Council addressed the Board. After discussion, this matter was deferred to the December l5th meeting. Commissioner Hernandez and Bob Harris, Consulting Engineer, addressed the Board concerning the construction of Higgs Beach Pier. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to adopt the following Resolution to proceed with formalization of the bidding pro- cess for the Higgs Beach Pier construction; to appropriate $lOO,OOO.OO out of the "windfall" monies but if grant funds become available, said funds are to be replaced; to ascer- tain if any monies are available from the Tourist Development Council for this project; and to instruct the Public Works Department to erect a Project Sign concerning the progress of construction and repairs. RESOLUTION NO. 430-1987 See Res. Book No. 62 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. A discussion of the Key West Emergency Operations Center was withdrawn. Agenda Item B-9 concerning the FEMA problems was deferred until later in the day. Commissioner Puto advised the Board of receipt of a letter from Bill Sellers resigning from the Tourist Development Council. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the resigna- tion of Bill Sellers from the Tourist Development Council and to defer the appointment of his replacement until the December lst meeting of the County Commission. Motion carried unanimously. Commissioner Puto advised the Board of the resigna- tion of J. Allison DeFoor, II as Chairman of the EMS Advisory Council. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the resignation of J. Allison DeFoor, II as Chairman of the EMS Advisory Council and to appoint Sandra Schwemmer as Chairman of the EMS Advisory Council. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution authorizing the Mayor to execute: (l) an Amendment to Agreement between Monroe County and Hazen and Sawyer, P.C., and (2) a Modification of Agreement between the Florida Department of Community Affairs and Monroe KK 49 County amending Agreement t87-SR-45-ll-54-0l-00l. Motion carried unanimously. RESOLUTION NO. 43l-l987 See Res. Book No. 62 which is incorporated herein by reference. The Board entered into a discussion regarding problems with commercial docking and unloading at the Card Sound Road Public Docking Facilities (Dade County side). The County Attorney and County Administrator were directed to meet concerning this matter and to report back to the Board at the next meeting as to appropriate steps to be taken in this matter. The County Administrator was directed to meet with the County's financial advisors and arrange an appropriate time with the Commission for a workshop session regarding ongoing Capital Improvements. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept Commissioner Hernandez's appointment of Susanne Frank and Patti Anderson to the Florida Keys Handicapped Council and also to accept Commissioner Stormont's appointment of Susan F. Dalrymple and Sue Spence to the Florida Keys Handicapped Council. Motion carried unanimously. Motion was made by Mayor Lytton and seconded by Commissioner Freeman to adopt the following Resolution regarding support of the Monroe County District School Board's 60/40 formula. Motion carried unanimously. RESOLUTION NO. 432-l987 See Res. Book No. 62 which is incorporated herein by reference. After discussion, motion and seconded by Commissioner Puto the elected municipal official of the Tourist Development Council. with the following results: was made by Mayor Lytton to name Dr. Otha Cox as the City of Key West to Roll call vote was taken Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the following items by unanimous consent: -- Board granted permission to dispose of an IBM typewriter (Inventory No. 2991-33) in the Veterans Affairs Office in Marathon and to remove same from their inventory. Board approved the purchase of the following IBM computer equipment: KK 50 Social Services-Senior Community Service Project: 2 3197 Display Stations (l22 Character Keyboards) $ 1,554.00 Planning Department 1 3197 Display Station (l22 Character Keyboard) 1 Quietwriter III Printer w/Features 8362, 7840 and 7880 1,137.00 l,380.00 Total $ 4,071.00 Board approved and authorized execution of a Public Telephone Service Agreement with Southern Bell. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Radford Wm. Frailey for the construction of a l500 square foot enclosure for storage only on Lot l5, Whispering Pines, Croton Lane, Big pine Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-lO, Panel l536C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Pal Futo for an 864 square foot enclosure of break-away construction for storage only on Lot l3, Block 4, Summerland Key Cove, Addition #3, West Caribbean Drive, Summerland Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-l2, Panel l5l2D. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Doug Hill for a 480 square foot enclosure below the single-family residence, l657 square foot existing enclosure as foyer (enclosure for storage only) on Lot 9, Block 35, Venetian Shores, Gulfside Drive, Plantation Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-13, Panel ll29C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of William D. and Theresa E. Pine for an 801 square foot enclosure below the lOO-Year Flood Elevation for storage only, in addition to the 299 square feet already permitted, on Lot lO, Block 17, Eden Pines Colony, 4th Addition, Big Pine Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-l2, Panel l5l7D. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of David Shephard/Brooks Thommes to add a 20 x 29 roof area on existing slab and enclose two sides with break-away construction, to use for storage of sand, at NWV4 of the SWV4 of Section 25/66S/29E, Industrial Road, Big Pine Key; Zoned I - Industrial; Coastal Flood Zone A-lO, Panel l536C. COUNTY ATTORNEY Board adopted the following Resolution authorizing the Chairman of the Board to execute a Business Lease by and between F. James Chaplin and Bettye B. Chaplin and Monroe County concerning office space in Marathon for the Supervisor of Elections. RESOLUTION NO. 433-1987 See Res. Book No. 62 which is incorporated herein by reference. KK '51 AIRPORTS Board adopted the following Resolution authorizing the Chairman of the Board to execute a Sign Lease by and between Monroe County and The Hertz Corporation concerning a sign located at the Key West International Airport. RESOLUTION NO. 434-l987 See Res. Book No. 62 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute a Sign Lease by and between Monroe County and The Hertz Corporation concerning a sign located at the Marathon Airport. RESOLUTION NO. 435-1987 See Res. Book No. 62 which is incorporated herein by reference. ENGINEERING Board approved and authorized execution of Final Change Order No. 9 regarding Plantation Key Government Center to Hewett-Kier Construction, Inc. resulting in a net decrease of $4,772.04 and also twenty-four days. EXTENSION SERVICES Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement by and between Frank Keevan and Son, Inc. and the Board of County Commissioners concerning the installation, repair and main- tenance of daybeacons at selected channel sites in the Florida Keys. RESOLUTION NO. 436-1987 See Res. Book No. 62 which is incorporated herein by reference. SOCIAL SERVICES Board adopted the following Resolution authorizing the Mayor to execute an Agreement for Frozen Food Storage between City Fish, Inc. and Monroe County. RESOLUTION NO. 437-l987 See Res. Book No. 62 which is incorporated herein by reference. Board authorized ratification of an Admission Agreement by and between Bay Shore Manor a/k/a Monroe County Home and Edward T. Walsh. PLANNING, BUILDING & ZONING Board authorized refund of $250.00 to Melvin B. Brewer inasmuch as the Land Use District Map Amendment applied for was already allowed. Board authorized refund of $250.00 to RSD Construction/Paula Devitt inasmuch as the Map Amendment applied for could not be processed because it lies in the Big Pine Key Area of Critical County Concern. Board authorized refund of $50.00 to Kevin Gillis inasmuch as Mr. Gillis received approval of the Contractor's KK )52 Examining Board to sit for the Block and Associates examina- tion in Gainesville instead of Marathon. Board accepted the Application For Determination Of Vested Rights from Jay Glynn. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of $l50.00; Guillermo O. Marcovici, M.D., P.A., in the amount of $250.00; Mental Health Care Center of the Lower Keys, in the amount of $650.00; Tanju T. Mishara, Ph.D., in the amount of $300.00. COURT-APPOINTED ATTORNEYS, Patrick T. Canan, in the amount of $350.00; Michael E. Cox, in the amount of $350.00; J. Allison DeFoor, II, in the amount of $3,l5l.49; Gautier & Canan, P.A., in the amount of $250.00; Jeffrey B. Meyer, in the amount of $995.00; Charles H. Milligan, in the amount of $ll2.75; Francis H. Muldoon, Jr., in the amount of $35.00; W. S. Smallwood, in the amount of $2,542.50; Erol M. Vural, in the amount of $4l5.00. OTHER EXPENSES & COSTS, Cunningham, Albritton, Lenzi, Warner, Bragg & Miller, P.A., in the amount of $25.00; Charles M. Milligan, in the amount of $ll2.75; P.D.R. Security Services, Inc., in the amount of $926.00; State of Florida, in the amount of $3,067.97. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $60.10; Bass Reporting Service, Inc., in the amount of $25.00; Christensen Reporting, in the amount of $115.00; Florida Keys Reporting, in the amount of $l56.20; Nancy J. Maleske, in the amount of $396.50; Nichols & Hardy Court Reporters, in the amount of $ll7.50; State of Florida, in the amount of $40.00. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $200.00; Serafin Calero, in the amount of $25.00; Jorge E. Galvan, in the amount of $25.00. Board approved the following Warrants: GENERAL REVENUE FUND, *7843l-#79l99, in the amount of $2,778,684.49. GENERAL REVENUE FUND, Marine Bank, t68, in the amount of $3,148.20. GENERAL REVENUE FUND, Barnett Bank of Islamorada, in the amount of $10,660.~ SUPPLEMENT TO GENERAL REVENUE FUND, #208-*209, in the amount of $52,74~3l. FINE & FORFEITURE FUND, #651-#656, in the amount of $l,l05,394.l8.- ---- AIRPORT OPERATION' MAINTENANCE FUND, #426-'427, in the amount of $13,205.86. ROAD & BRIDGE FUND, *475-*476, in the amount of $l70,3l9.~ - KK \53 MSD TAX DISTRICT, tl022-'1023, in the amount of $291,3l7.67. --- MSD, Marine Bank, Marathon, '398-'399, in the amount of~3,093.02. MSD, PLEDGED FUNDS, '103, in the amount of $350,000.00. LAW LIBRARY FUND, t2l6-t2l7, in the amount of $2,60l.86:-- CAPITAL PROJECTS FUND, #254-#256, in the amount of $36,00l.30. ---- CARD SOUND BRIDGE FUND, tl95-tl96, in the amount of $8,999.04:--- ---- WORKERS COMPENSATION, #2349-'2361, in the amount of $lO,868.33. TOURIST DEVELOPMENT COUNCIL, '445-#450, in the amount of $77,930.35. MONROE COUNTY SELF-INSURED GROUP INSURANCE, t209- '2ll, in the amount of $l02,867.2l. TRANSLATOR FUND, '154-'155, in the amount of $9,522.l3. ---- CROSS KEY WATERWAY, #48, in the amount of $226.68. 610 LAND AUTHORITY TRUST ACCOUNT, 'l4-#18, in the amount of~,852.99. 715 MARINERS HOSPITAL SPECIAL TAX DISTRICT, #25, in the amount of $2,313.07. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, t96-#10O;-in the amount of $168,091.74. Board authorized Tax Collector to issue duplicate Tax Sale Certificate to Zoe Hern (Original Certificate No. 1396, dated May 26, 1982, in the sum of $65.75) inasmuch as the original certificate has been lost or destroyed. Board adopted the following Resolutions concerning receipt of unanticipated funds for the year 1987-88. RESOLUTION NO. 438-1987 RESOLUTION NO. 439-1987 RESOLUTION NO. 440-1987 See Res. Book No. 62 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1986-87. RESOLUTION NO. 44l-l987 See Res. Book No. 62 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1987-88. RESOLUTION NO. 442-1987 See Res. Book No. 62 which is incorporated herein by reference. KK '54 Motion carried unanimously. BULK APPROVALS Donald Craig, Planning Director, addressed the Board regarding the Consent Agenda for Residence Inn Ocean Resort Development Order. Fred Tittle, attorney repre- senting Residence Inn Ocean Resort, addressed the Board. After lengthy discussion, motion was made by Commissioner Stormont to postpone for clarifications. Motion died for lack of a second. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman to approve the Consent Agenda for Residence Inn Ocean Resort Development Order. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the Long Key Landfill problem. Mr. Proby reminded the Board that the $l,050,000.00 Agreement with the Florida Department of Community Affairs would terminate on December lst. The County Attorney reported on the status of the New Port Largo suit. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to grant permission to adver- tise for Public Hearing a proposed Ordinance amending Ordinance No. 039-l986 regarding applications for alcoholic beverage approval. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution authorizing the Chairman to execute an Agreement by and between the Board of County Commissioners and AIDS Help, Inc. with the amendment that the Agreement must be done within the confines of the Budget approved for the year 1987-l988 and also to add the standard wording about docu- mentation and audit provisions. Motion carried unanimously. RESOLUTION NO. 443-l987 See Res. Book No. 62 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman declaring an emergency exists and waiving notice by a four-fifths vote; waiving the require- ments of advertising under the provisions of Florida Statutes l25.66; amending Monroe County Code Section 2-235, Article V; adding Monroe County Code Section 2-238(e), Article V, in order to provide for the collection of user fees for ambulance services in the various Municipal Service Districts; providing for severability; providing for repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; providing for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. Roll call vote was unanimous. Motion was made by KK \55 Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to amend the proposed Ordinance by changing the word "regulation" to the word "resolution" in Section 3 thereof. Motion carried unanimously. Motion was then made by Commissioner Freeman and seconded by Commissioner Puto to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 050-1987 See Ord. Book No. l6 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution regarding adoption of rates for the user fees for ambulance services in the various Municipal Service Districts. Motion carried unanimously. RESOLUTION NO. 444-1987 See Res. Book No. 62 which is incorporated herein by reference. MUNICIPAL SERVICES DISTRICT (WASTE) Charles Aguero, MSD Manager, advised the Board con- cerning problems with refractory and secondary chamber repairs and replacements. Mr. Aguero discussed an invoice in the amount of $l,483.48 from the Department of Natural Resources con- cerning the site evaluation on Long Key. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to deny payment. After discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to table this matter until the first meeting in January. Roll call vote was unanimous. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve payment of Invoice No. 9732 to C. Bob Beale Co., Inc. in the amount of $40,659.19 for rebuilding the secondary chamber in Waste Reduction Unit Il - Key Largo. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve payment of a bill from the Law Offices of Roberts and Egan in the amount of $4,7l5.50 for legal services rendered in re expansion of North Key Largo Landfill. Roll call vote was unanimous. AIRPORTS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the request of Conch Air Classics, sponsor of the upcoming Air Show at Key West International Airport, for a waiver to sell and have customers consume beer in the General Aviation Area of the Airport during the Air Show subject to receipt of appropriate insurance documents. Motion carried unani- mously. ENGINEERING Bob Harris, Consulting Engineer, addressed the Board regarding the status of the Jail Addition. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to reaffirm the Board's previous action to approve a KK 56 request to advertise a Call For Bids for the Jail Addition. Motion carried unanimously. PUBLIC WORKS Bob Harris addressed the Board. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to grant permission to advertise for Public Hearing the pro- posed closure of Elma Avenue and Coupon Road on Big pine Key. Motion carried unanimously. PLANNING, BUILDING & ZONING Donald Craig, Director, advised the Board that the County was in receipt of requests for llO Map Amendments and 60 Text Amendments for the second six months' review for the Land Use Plan. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to approve payment to Mark and Maria Lowe for refund of $2,095.64 inasmuch as the Planning Commission determined there was an overcharge regarding impact fees. Motion carried unanimously. The Board entered into a lengthy discussion regarding FEMA's Letter of Intent to Place the County on Probation. The Board, the County Administrator, the County Attorney and the Deputy Director of Planning discussed cer- tain modifications to the Resolution proposed by Commissioner Stormont. Jim MacElroy from Venture Out addressed the Board. Staff was directed to arrange meetings with all RV and mobile parks. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt, as modified, the following Resolution signifying intent to comply to FEMA's Letter of Intent to Place the County on Probation. Motion carried unanimously. RESOLUTION NO. 445-l987 See Res. Book No. 62 which is incorporated herein by reference. Motion was made by Commissioner stormont and seconded by Commissioner Puto to instruct the County Attorney to amend the Ordinance to include the levying of a $250.00 applica- tion fee to cover the processing of all flood plain variance request applications. Motion carried unanimously. Motion was then made by Commissioner Freeman and seconded by Commissioner Puto to levy a flood plain management applic- tion fee in the amount of $25.00 on all applicable building permits to cover the administrative costs of insuring complicance with FEMA regulations. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Hernandez No Commissioner Puto Yes Commissioner Stormont Yes Mayor Lytton Yes Motion carried. The Board recessed for lunch. * * * * * " KK \57 MUNICIPAL SERVICES TAXING DISTRICT NO. 2 --- - BOARD OF GOVERNORS The Board of Governors of Municipal Services Taxing District No. 2 convened. Present and answering to roll call were Samuel "Mickey" Feiner, William Freeman, and Chairman Michael Puto. Motion was made by Commissioner Freeman and seconded by Commissioner Feiner to read by title only the Ordinance earlier adopted by the Board of County Commissioners regarding the provision for the collection of user fees for ambulance services. Motion carried unani- mously. Motion was then made by Commissioner Freeman and seconded by Commissioner Feiner declaring that an emergency exists and accepting the Ordinance earlier adopted by the Board of County Commissioners regarding the provision for the collection of user fees for ambulance services. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Feiner to also adopt the Fee Schedule previously adopted by the Board of County Commissioners. Motion carried unanimously. There being no further business, the meeting of 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 repealing Section 2 of Ordinance No. 032A-1986 which pro- vided that certain tourist development tax money raised in the City of Key West be expended for beach renourishment and substituting therefor a provision authorizing expenditure of those funds for any purpose authorized by F.S. l25.0l04(5); providing for severabilitY1 providing for incorporation into the Monroe County Code; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to continue to June 1, 1988. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. COUNTY ADMINISTRATOR Tom Brown, County Administrator, advised the Board regarding special rates on Piedmont Airlines for state, County and Municipal employees traveling on official busi- ness within the State of Florida. Mr. Brown advised the Board that all County Offices would be closed on Thursday, November 26th and Friday, November 27th for Thanksgiving Holidays. KK 58 The County Administrator discussed a letter received from Fred Johnson regarding the Higgs Beach refurbishment project and, in particular, the approximate $33,000.00 being held for planting of palm trees. He was directed to reply to Mr. Johnson and bring him up to date on the Higgs Beach progress and he was also instructed to con- tinue to hold the funds until a future date. Motion was made by Mayor Lytton and seconded by Commissioner Freeman to authorize payment of the following invoices: l. Fly, Shuebruk, Gaguine, Boros and Braun, in the amount of $78.88, for payment of professional services through September 30, 1987 regarding the Translator System. 2. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $612.73, for payment of professional services through October 1987. 3. Risk Control Associates, Inc., in the amount of $206.25, for payment of professional services in re New Port Largo vs Monroe County, et ale 4. Risk Control Associates, Inc., in the amount of $112.50, for payment of professional services in re Fisherman's Hospital Agreements. 5. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $43,l27.77, for payment of revised monthly invoice for Road Work. 6. Frank Keevan & Son, Inc., in the amount of $74,832.50, for Final Payment for Repairs to Garrison Bight Bridge. 7. Hewett-Kier Construction, Inc., in the amount of $43,030.94, for Final Payment for the Plantation Key Government Center. 8. The Brewer Co. of Florida, Inc., in the amount of $22,505.53, for Final Payment for the Big Pine Roads II Project. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to grant permission to seek bids for (a) General Liability Insurance, Auto Liability Insurance and Property Insurance; and (b) alternate bids for excess insurance to protect an underlying self-funded program for auto and general liability risks. Motion carried unani- mously. The County Administrator and George Harper, Data Processing Manager, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Mayor to exe- cute an Interlocal Agreement with the Monroe County Property Appraiser, the Florida Keys Aqueduct Authority and the utility Board of the City of Key West-City Electric System for the provision of Computer Based Mapping Services. Motion carried unanimously. KK 59 RESOLUTION NO. 446-1987 See Res. Book No. 62 which is incorporated herein by reference. Motion was then made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Mayor to execute a Contract with International Business Machines Corporation for the straight purchase of certain computer equipment, the purchase and lease of certain software, and for maintenance service agreements therefor. Motion carried unanimously. RESOLUTION NO. 447-l987 See Res. Book No. 62 which is incorporated herein by reference. The County Administrator addressed the Board regarding Trap Storage on DOT Rights-Of-Way and the concept of entering into leases between the County and DOT and subleases between the County and O.F.F. After a lenghty discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to allow the County Administrator to enter into negotiations with Florida Department of Transportation and Organized Fishermen of Florida and bring back to the Board for final approval. Motion carried unanimously. Mr. Brown discussed Pollution Control. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the Pollution Control Program as set out in the County Administrator's memorandum to the Board dated November 10, 1987, in lieu of the Clean Up The Keys Program, but excluding at this time adoption of the Jeffrey Kelly proposal. Charles Aguero addressed the Board. Motion carried unanimously. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman to grant authority to Call For Bids for the purchase of a crusher by MSD. Motion carried unanimously. SOUNDING BOARD FOR PUBLIC INPUT The following persons addressed the Board con- cerning the Sign Ordinance scheduled for Final Hearing on December lst: Roger Holmes of the Mr. Donut Franchise in Marathon, Mary Kilpatrick of Big Pine Key, Jeanne de St. Croix of the Marathon Garden Club, Grace Mannillo, and Nancy Fair. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue to the December 1st hearing. Motion carried unanimously. Steve Brett, representing Tropical Sailboats, addressed the Board concerning a request to install public wind surfer storage racks on Higgs Beach. No action was taken. patricia Knight, Treasurer of the Board of Big Brothers and Big Sisters, addressed the Board and requested a contribution of $20,000.00. Motion was made by Commissioner Hernandez to make a contribution to Big Brothers and Big Sisters, with funds to be taken out of Contingency. Motion died for lack of a second. Motion was then made by Commissioner Freeman and seconded by Commissioner Hernandez to instruct the County Attorney to prepare an Ordinance for one public hearing concerning the contribution of $5,000.00 to Big Brothers and Big Sisters. Roll call vote was unanimous. KK 60 PUBLIC HEARINGS A Public Hearing was held regarding the closing of a portion of and the the placement of a barrier on the following described streets, roads or highways: A portion of Old Highway 4A on Sugarloaf Key from a point at the west end of Florida Department of Transportation Bridge No. 904l-60, spanning what is locally known as Government Cut, to the east, northeast, and north to a point of termination at the south bank of that body of water, which is locally known as Tarpon Creek. Proof of publication was entered into the record. Dent Pierce, Public Works Director, addressed the Board. The following individuals addressed the Board: Robert Raymond, representing the Sugarloaf Shores Property Owners Association; Billie Martin; Kieran Mahoney, who presented a number of signatures in favor of the closure; Vern Pokorski, President of Big Pine Civic Association; Curt Blair; and Jim Hendrick, attorney representing the Florida Keys Land Company. After lengthy discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to instruct County Staff to meet with the land owners, area homeowners, and the Sports Car Club to negotiate an amicable solution for all and report back to the Board for final decision on December 15, 1987. Motion carried unanimously. Bob Harris, Consulting Engineer, addressed the Board. Ralph Gutterman of Friends of Florida Inc. and Paul Galloway of the Volunteer Fire Department also addressed the Board. A Public Hearing was held on a proposed Ordinance providing for the creation of a Beach and Shore Preservation Authority; providing for membership of said Authority; pro- viding for the hiring of personnel; providing for the creation of Special Districts; providing for the functions, powers and responsibilities of said Authority; providing for severability; providing for repeal of all Ordinances in conflict herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Proof of publication was entered into the record. There was no public input. After lengthy discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the Ordinance as presented by Commissioner Hernandez. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman to table. Roll call vote on the motion to table was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No No Yes No Motion failed. Roll call vote on the original motion to adopt was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes Yes No Yes Motion carried. KK '61 ORDINANCE NO. 05l-l987 See Ord. Book No. l6 which is incorporated herein by reference. A Public Hearing was then held on a proposed Ordinance related to Blasting and Explosives. 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. Jim Miller, President of Port Pine Heights Property Owners Association, addressed the Board. Bob Herman, Deputy Planning Director, and Bob Harris, Consulting Engineer, also addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to continue to the next Public Hearing. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Section 2-l5, Monroe County Code, to provide for the imposition of a local option fee for recurring and non- recurring charges for provision of enhanced Emergency "9ll" telephone service and equipment, as provided for in Florida Statutes, Section 365.l7l(l3), in that part of Monroe County, Florida from and including the City of Key West, Florida, up to and including the Seven Mile Bridge, including all of Municipal Service Taxing or Benefit Districts l-A, l-B, l-C and l-D; providing for a collection of a fee; providing for payment of an administrative fee; providing for severability~ providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; providing for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to read by title only. Motion carried unanimously with Commissioner Hernandez absent from the meeting. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously with Commissioner Hernandez not present. ORDINANCE NO. 052-1987 See Ord. Book No. l6 which is incorporated herein by reference. MISCELLANEOUS Court Administrator Tom Long, Court Administrator, addressed the Board and requested approval to accept a Justice Assistance Funds Grant from the Department of Community Affairs for the Monroe County Jail Overcrowding Project for a total budget of $102,872.00 and the allocation of $26,432.00 in local matching funds. Motion was made by Commissioner stormont and seconded by Commissioner Freeman to approve, subject to the County Administrator's recommendation as to the appropriate source of funds. Motion carried unanimously. AWARDING OF BIDS The Board entered into a discussion regarding the award of bid for the lease of the Driftwood Restaurant at Higgs Beach for a food and beach concession. The County Administrator advised the Board that there was a late bid received from the current lessee, Yale Fleer, and requested instructions on handling same. Mr. Brown was directed to open the proposal. The following bidders then addressed the Board: Charles Mendola and his attorney, John Bigler, KK '62 on behalf of Chicklets on the Beach; Yale Fleer, current lessee; Steve Brett on behalf of Gloria's Garden; John Reed of Jamaica John's; and J. R. Armantrout of TNT Hots. The Board ruled that the candidates would be ranked with the highest ranking individual receiving the Number One Vote and, therefore, the lowest point total. The Board then pro- ceeded to ballot and following is the tabulation of the results: Comma Comma Comma Comma Mayor Freeman Hernandez Puto Stormont Lytton Total Chicklet 1 2 1 3 1 8 Fleer 5 4 5 5 4 23 Gloria's 2 5 2 2 2 13 Jamaica 3 3 3 1 5 l5 TNT Hots 4 1 4 4 3 16 After the tabulation, the Deputy Clerk announced that Chicklets on the Beach was the first selection with a total of eight points; Glorida's Garden was second with thirteen points; Jamaica John's was third with fifteen points; TNT Hots was fourth with sixteen points; and Yale Fleer was last with twenty-three points. Motion was made by Commissioner Puto and seconded by Mayor Lytton to accept the selection of Chicklets on the Beach as lessee of the Driftwood Restaurant at Higgs Beach for a food and beach concession and authorize the negotiation of the Lease Agreement. Motion carried una- nimously with Commissioner Freeman absent from the meeting. PLANNING, BUILDING ~ ZONING Gil Montgomery, general contractor representing Jasper Dudley, addressed the Board concerning the Staff's recommended denial of Mr. Dudley's Application for Variance to the Flood Hazard Ordinance for a l200 square foot addi- tion to be built at required elevation and the applicant's request that the existing mobile home will remain under the new construction on Lots 22 and 23, Block 1, Cross Key, Churchill Downs, Key Largo; Zoned URM - Urban Residential Mobile Home; Coastal Flood Zone V-l6, Panel 0843C. Bob Herman, Deputy Director, addressed the Board. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to approve Jasper Dudley's Application for Variance to the Flood Hazard Ordinance, contrary to Staff's recommendation to deny. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes No No No Motion failed. Dave Horan, attorney, and Michael Gilbert, partner, representing Four Star Builders, Inc. addressed the Board regarding Staff's recommended denial of the Application for Variance to the Flood Hazard Ordinance of Four star Builders, Inc. for the construction of a 75 x 75 building addition below the 100-Year Flood Elevation on Lot 27, Tropical Island Ranchettes, Quail Roost Trail, Big pine KeY1 Zoned SC - Suburban Commercial; Coastal Flood Zone V-l2, Panel l536C. Bob Herman, Deputy Director, addressed the Board. Motion was made by Commissioner Freeman and seconded KK 163 by Mayor Lytton to accept the Staff's recommendation to deny Four Star Builders, Inc.'s Application for Variance to the Flood Hazard Ordinance. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No Yes Yes Yes Motion carried. Dennis Johnson, and Bill Gerberich, architect, addressed the Board concerning Staff's recommended denial of the Application for Variance to the Flood Hazard Ordinance of Mr. Johnson for a l,4l4 square foot building - existing - constructed without a building permit - to be converted to a home office and recreation room with electric and plumbing below the 100-Year Flood Elevation on Lots 13 and l4, The Hammock, South Hammock Road, Upper Matecumbe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-l3. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to continue for two weeks. Motion carried unanimously. The Board then heard from Charles W. Roberson con- cerning the Staff's recommended denial of his Application for Variance to the Flood Hazard Ordinance for replacement of a mobile home below the 100-Year Flood Elevation on Lots l2 and l3, Block 38, Sands, Avenue G, Big pine Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-lO, Panel l536C. Bob Herman, Deputy Director, addressed the Board. Motion was made by Commissioner Hernandez to approve Mr. Roberson's Application for Variance to the Flood Hazard Ordinance, contrary to Staff's recommendation to deny. Motion died for lack of a second. Motion was then made by Commissioner Freeman and seconded by Mayor Lytton to accept Staff's recommendation to deny Charles W. Roberson's Application for Variance to the Flood Hazard Ordinance. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Mayor Lytton Yes No Yes Yes Motion carried with Commissioner Stormont not present. PORT AUTHORITY The Board entered into a discussion regarding a Prop Dredging Permit Application to be made to the Army Corps of Engineers to provide for marking of Niles Channel daymarkers. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to recommend that the County Administrator be authorized to work with the Port Authority Advisory Group and the County's Extension Services Director to identify this item specifically as a Prop Dredging Permit Application for public purposes and that it be mailed directly to the address indicated in Jacksonville. David Paul Horan, attorney, addressed the Board. Roll call vote on the motion was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes Yes Yes Yes KK 64 Motion carried. After further discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolution regarding prop dredging which is to be filed with the Prop Dredging Application. Motion carried unanimously. RESOLUTION NO. 448-1987 See Res. Book No. 62 which is incorporated herein by reference. PUBLIC HEARINGS Hazen & Sawyer, consultants, addressed the Board concerning Land Fill Siting and Source Separation in connec- tion with the Solid Waste Feasibility and Design Study. No action was taken. COUNTY ADMINISTRATOR Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve Hewett-Kier, Inc.'s pro- posal of $2l,OOO.00 credit for unsatisfactory hall and porch flooring installation at the J. Lancelot Lester Building. Motion carried unanimously with Commissioner Hernandez not present. Motion was made by Mayor Lytton and seconded by Commissioner Puto to approve the initiation of a contract with McLemore Title Co. in the amount of $20,661.50 to remove existing hall/porch flooring and install suitable ceramic/paver tile at the J. Lancelot Lester Building. Motion carried unanimously with Commissioner Hernandez not present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve Post, Buckley, Schuh & Jernigan's Professional Service Order No. AD-l8 to provide new fire resistant storage space and public viewing areal office space for the County's Clerk's public records. Motion carried unanimously with Commissioner Hernandez not present. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to take $20,000.00 from Capital Improvements Contingency Fund for the use of costs of 'landscaping at the Jerry Ellis Building. Motion carried unanimously with Commissioner Hernandez not present. There being no further business, the meeting was adjourned. * * * * *