02/16/1988 Regular
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Regular Meeting
Board of County Commissioners
Tuesday~ February 16, 1988
.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 "Bn at the Courthouse Annex 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: Lucien
Proby, County Attorney: Randy Ludacer, Assistant County
Attorney: Mike Managan, Assistant County Administrator:
County Staff: members of the Press and Radio: and the
general public.
All stood for the Invocation and Pledge of
Allegiance to the Flag.
The Board proceeded to make additions, deletions
and corrections to the Agenda.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to approve the amended Budget
for the Sheriff of Monroe County for the fiscal year
1987-1988 as follows:
TOTAL
Current
Budget
$ 9,119,579.99
3,046,760.00
944,093.01
55,000.00
$13,165,433.00
Amended
Budget
$ 8,969,579.99
3,196,760.00
944,093.01
55,000.00
$13,165,433.00
Account
Personal Services
Operating Expenses
Capital Outlay
Contingency
Motion carried unanimously.
Mayor Lytton presented the December Employee of the
Month Award to Mrs. Stella Otto, Employee Benefits
Coordinator.
Mayor Lytton presented an Appreciation Plaque to
Tim Koenig for service as Chairman of the Planning
Commission.
Mayor Lytton discussed the proposed amendment to
the Vendor Ordinance. Motion was made by Commissioner
Freeman and seconded by Mayor Lytton to authorize a change
in the proposed Vendor Ordinance as follows: "No mobile
vendor shall be allowed to operate within one thousand feet
of the nearest point of contact of a permitted community or
non-profit organization event to avoid payment of entry fees
and/or sharing of net profits normally and usually required
by the sponsoring community or non-profit organization.
Motion carried unanimously.
Mayor Lytton briefly discussed the staff trip to
Tallahassee to conclude the Agreement with the Department of
Community Affairs. Motion was made by Commissioner Puto and
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seconded by Commissioner Freeman to defer any action con-
sidered for this date concerning the proposed DCA Agreement
to the next Regular Meeting. Motion carried unanimously.
The Board briefly discussed the K-Mart Appeal.
Motion was made by Commissioner Hernandez and seconded by
Commissioner Freeman to continue the K-Mart Appeal for sixty
days. Motion carried unanimously.
The Board recognized Jeff Schaeffer of the
Department of Community Affairs from the audience.
Commissioner Stormont discussed a request from
Coral Shores School regarding tennis nets. Motion was made
by Commissioner Freeman and seconded by Commissioner
Hernandez to approve the payment of $260.00 for two tennis
court nets for the Coral Shores Tennis Center. Motion
carried unanimously.
Art Skelly, Airport Director, discussed the opera-
tion of Sea-Air Plane Service at the Key West International
Airport. Mr. Skelly indicated the service was operating as
a commercial service without the proper lease. Mr. Skelly
also advised that the economic consultants at the Airport
recommended a $25.00 per day charge with no landing fees.
Burt Spodaro of Air Taxi Charter Limited addressed the
Board. Motion was made by Commissioner Hernandez and
seconded by Commissioner Freeman to refer this matter to a
Workshop in the first week in March. Motion carried unani-
mously. Mr. Proby was requested to review this matter in
connection with the FBO Lease. Mr. Skelly was directed to
obtain copies of the appropriate occupational licenses and
leases, and to provide details of the operation.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to authorize advertisement of an
amendment to the Upper Keys Health Care Taxing District
Trauma Ordinance. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the following
Resolution authorizing the Mayor to execute, on behalf of
Monroe County, Florida, an Extension and Amendments to a
Memorandum of Understanding with Baptist Hospital of Miami
and directing Emergency Medical Services personnel to exe-
cute protocols with the various EMS Service Districts and
local hospitals to affect the Memorandum's temporary rela-
tionship for severe, trauma-related emergency health care in
Monroe County, and also to continue the hold on transports.
Motion carried unanimously.
RESOLUTION NO. 085-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Commissioner Hernandez discussed a letter dated
February 10, 1988 from Charles M. Valois concerning his
Ocean Reef Shores development. Charles Valois, Donald
Craig, Planning Director, and Jeff Schaeffer of DCA
addressed the Board. The Commission was advised that this
matter was under review and consideration by the Department
of Community Affairs and the County Staff. The Board
encouraged the DCA to proceed expeditiously on Mr. Valois'
request and the Board's previous action on a scrivener's
error.
Mayor Lytton discussed the need to educate the
public on the new procedures for the removal of white goods.
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The Board briefly discussed the present Agreement
with the Department of Community Affairs. The Board was
advised that Tom Pelham, DCA Secretary, was out of town and
was not available: therefore, he was unable to execute the
Agreement.
BULK APPROVALS
Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to approve the following items
by unanimous consent:
Board authorized the removal of one (1) Buxton Edger
16102-244, three (3) McLane Edgers '683-215, 10903-372,
#0940-147, and one (1) Craftsman Weedwacker '0920-320 from
the inventory of the Public Works Department.
Board authorized the use of Wanda Swit1ick Beach area for
the Hog's Breath 1000 International Challenge on May 23,
1988.
Board authorized the purchase of IBM equipment for the
following:
Data Processing
1 - PS2 Model 60 (8560-041) w/Enhanced Keyboard,
8513-001 Display and 4869-001 5.25" Disk
Drive
1 - D.O.S 3.3
TOTAL COST $4,182.00
Land Authority
1 - 3197 Display Station w/122 Char. Keyboard
1 - QuietWriter III Printer w/Features 8362, 7840
and 7880
TOTAL COST $2,517.00
Public Works
2 - PS2 Model 60 (8560-041) w/8513-001 Display,
Enhanced Keyboard
2 - D.O.S. 3.3 (3.5")
TOTAL COST $7,776.00
Community Services
1 - 3196 Display Station (122 Char. Keyboard)
TOTAL COST $777.00
Growth Management
5 - 3196 Display Stations (122 Char. Keyboard)
2 - 3197 Display Stations (122 Char. Keyboard)
2 - Quietwriter III Printers w/Features 8362, 7840
and 7880
2 - 5140 PC Convertab1es
2 - D.O.S. 3.3
1 - 3812/001 pageprinter (lazer)
TOTAL COST $18,714.00
Card Sound Bridge
1 - PS2 Model 30 (8530-021)
1 - QuietWriter III Printer w/Features 8362, 7840
and 7880
1 - D.O.S. 3.3
TOTAL COST $3,759.00
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Roy W. Cronacher, Jr., for the enclosure of 800 square
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feet under house under construction for garage break away
construction on Lot 15, Block 1, Sunrise Cay II, Ocean Reef
Plat 15, Key Largo: Zoned IS - Improved Subdivision: Coastal
Flood Zone A-2l.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Hugh Salomonson for a 60 square foot addition to existing
single-family residence to be built below the 100-Year Flood
Elevation (3,800 square feet existing built in 1970, per Tax
Appraiser's value of home and land $423,706.00 (not broken
down) and cost to build 60 square foot addition -
$25,000.00) on Lot 41, Plat Book 6, Ocean Reef, Key Largo:
Zoned IS - Improved Subdivision: Coastal Flood Zone A-16,
Panel 0659E.
Board authorized a refund in the amount of $75.00 to David
W. Tuttle inasmuch as he had already paid for a previous
application fee.
Board authorized a refund in the amount of $50.00 to Richard
o. Weibel inasmuch as the flood variance application he had
applied for was not needed.
Board approved Maxwell House Resort, Summerland Key, for a
Major Conditional Use Order on the Consent Agenda.
Board approved Jim Kelsey/Boot Key Marina for a Major
Conditional Use Order on the Consent Agenda.
COUNTY ATTORNEY
Board adopted the following Resolution rescinding Resolution
No. 501-1987 concerning a request to the Supervisor of
Elections to conduct a Referendum Election on March 8, 1988
for the levy of an additional one cent sales tax for the
purpose of financing capital infrastructure.
See Res. Book
reference.
RESOLUTION NO. 086-1988
No. 65 which is incorporated herein by
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Business Lease by
and between Dominic Cianciola and the Board of County
Commissioners of the County of Monroe, State of Florida,
concerning office space in the Upper Keys for the Public
Defender.
RESOLUTION NO. 087-1988
See Res. Book No. 65 which is incorporated herein by
reference.
AIRPORTS
Board adopted the following Resolution authorizing the
Chairman of the Board to execute a Lease Agreement by and
between the County of Monroe, State of Florida and Marathon
Flying Club concerning aircraft shelter space at the
Marathon Airport.
RESOLUTION NO. 088-1988
See Res. Book No. 65 which is incorporated herein by
reference.
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Board adopted the following Resolution authorizing the
Chairman of the Board to execute an Agreement by and between
the County of Monroe and Piedmont Aviation, Inc., pertaining
to the Key West International Airport Facility.
RESOLUTION NO. 089-1988
See Res. Book No. 65 which is incorporated herein by
reference.
EMERGENCY SERVICES
Board adopted the fOllowing Resolution sitting as the Board
of Governors of Municipal Service Taxing District No. 1-D
extending the terms of a Contract with Marathon H.M.A.,
Inc., for ambulance service to November 5, 1987.
RESOLUTION NO. 090-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board adopted the following Resolution sitting as the Board
of Governors of Municipal Service Taxing District 4-B,
authorizing the Chairman of the Board to execute an
Agreement by and between Special Taxing District 4-B and the
Islamorada Volunteer Fire and Rescue Corps, Inc. for the
purpose of reimbursing volunteers.
RESOLUTION NO. 091-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board adopted the following Resolution sitting as the Board
of Governors of Municipal Service Taxing District 4-B
authorizing the Chairman of the Board to execute an
Agreement by and between the Islamorada Volunteer Fire and
Rescue Corps, Inc. and Municipal Service Taxing District 4-B
concerning the District's use of two emergency vehicles.
RESOLUTION NO. 092-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Board adopted the following Resolution sitting as the Board
of Governors of Municipal Service Taxing District 6,
authorizing the Chairman of the Board to execute an
Aqreement by and between Special Taxing District 6 and the
Key Largo Volunteer Fire Department, Inc. for the purpose of
reimbursing volunteers.
RESOLUTION NO. 093-1988
See Res. Book No. 65 which is incorporated herein by
reference.
SOCIAL SERVICES
Board adopted the following Resolution authorizing the
Chairman of the Board to execute an Agreement for frozen
food storage between the Monroe County School Board and
Monroe County.
RESOLUTION NO. 094-1988
See Res. Book No. 65 which is incorporated herein by
reference.
PLANNING, BUILDING ~ ZONING DEPARTMENT
Board authorized final payment to Siemon, Larsen, Mattlin
and Purdy in the amount of $33,813.00 - the payment of
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$10,000.00 for work on the Area of Critical Concern under
Legal Assistance for Big Pine Key and the payment of
$23,813.00 is under Land Development Regulations - Focal
Point Planning.
Board adopted the following Resolution instructing the
Planning Director to prepare the necessary amendments to
incorporate the Florida Department of Transportation's Five
Year Plan for Monroe County into the Monroe County
Comprehensive Land Use Plan Capital Facilities' Element in
such a manner that Florida Department of Transportation's
yearly updates are automatically adopted and further
instructing the Planning Director to utilize the FOOT plan
in the annual Capital Facilities' Assessment Report.
RESOLUTION NO. 095-1988
See Res. Book No. 65 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Board approved payment of the following invoices:
1. Morgan & Hendrick, P.A., in the amount of $1,725.55
for professional services in re: New Port Largo vs.
Monroe County.
2. David Paul Horan & Associates, Inc., in the amount
of $4,993.50 for professional services in re: Monroe
County vs. State of Florida.
3. Agile Courts Construction Co., in the amount of
$7,540.00, Final Invoice, for resurfacing of two
existing tennis courts at Coral Shores High School.
4. Victor N. DeCario & Associates, Inc., in the amount
of 5,829.34 for professional services rendered
12/1/87 through 12/31/87.
5. Victor N. DeCario & Associates, Inc., in the amount
of $4,847.28 for professional services rendered
January 1, 1988 through January 31, 1988.
6. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland
& Bramnick, P.A., in the amount of $5,405.26 for
professional services through January 31, 1988.
7. Risk Control Associates, Inc., in the amount of
$981.20 for professional services through January
31, 1988.
8. Musco Sports-Lighting, Inc., in the amount of
$23,000.00, Final Invoice, for ten 70' concrete
poles, Harry Harris Park.
9. Musco Sports-Lighting, Inc., in the amount of
$24,900.00, Final Invoice, for supply and delivery
of lighting fixtures, Harry Harris Park.
10. Cotton Construction, Inc., in the amount of $9,350.00,
in re: Xeriscape Project, Jerry Ellis Building for
Augured Holes.
11. Robstone Company, in the amount of $13,455.00 in
re: installation of sports lighting, Harry Harris
Park.
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COUNTY CLERK
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Tanju T.
Mishara, Ph.D., in the amount of 100.00.
COURT APPOINTED ATTORNEY, Michael E. Cox, in the
amount of $3,292.75~ William Kuypers, in the amount of
$558.66~ Charles M. Milligan, in the amount of $2,933.75~
John P. Rotolo, in the amount of $1,622.50~ Nicholas Thomes,
in the amount of $1,317.90.
OTHER EXPENSES & COSTS, Boulder County Sheriff's
Department, in the amount of $7.00~ P.D.R. Security
Services, in the amount of $357.50~ Louis Spallone, in the
amount of $300.00~ State of Florida, in the amount of
$496.03.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $60.00~ Florida Keys Reporting,
in the amount of $270.00~ Nichols & Hardy Court Reporters,
in the amount of $435.70~ Elaine Zakarin & Associates, in
the amount of $317.60.
COURT INTERPRETER SERVICES, Adriana Araujo, in the
amount of $30.00~ Henry Arroyo, in the amount of $55.00~
Juan Borges, in the amount of $175.00~ Serafin Calero, in
the amount of $405.00~ Irma Lopez Depugh, in the amount of
$25.00~ Victor M. Tuckler, in the amount of $75.00~ Jose E.
Vasquez, in the amount of $65.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $2000.l0~ Regular Witness Fees, in the amount of
$235.00.
EXPERT WITNESS FEES, Richard Hellman, Ph.D., in the
amount of $225.00~ Guillermo D. Marcovici, M.D., in the
amount of $500.00~ Tanju Mishara, Ph.D., in the amount of
$150.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, #82582-'82946 and
182949-83237, in the amount of $1,799,537.06.
SUPPLEMENT TO GENERAL REVENUE FUND, '220-221, in
the amount of $36,671:19. ----
FINE & FORFEITURE FUND, #680-'687, in the amount of
$1,148,903.77.-
AIRPORT OPERATION & MAINTENANCE FUND, #442-#444, in
the amount of $18,604.01.
ROAD & BRIDGE FUND, 1491-#493, in the amount of
$79,446.3~ - ----
MSD TAX DISTRICT, #1061-#1063, in the amount of
$121,804.67. ---
MSD, MARINE BANK, MARATHON, #412-#414, in the
amount of~7l,030.2l.
LAW LIBRARY FUND, #225, in the amount of $789.65.
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CAPITAL PROJECTS FUND, 1270-#271, in the amount of
$5,286.10. ----
CARD SOUND BRIDGE FUND, 1208-#210, in the amount of
$9,833.97:--- ----
WORKERS COMPENSATION, 12430-12438, in the amou~t of
$14,205.42.
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TOURIST DEVELOPMENT COUNCIL, #472-#481, in the
amount of $30,185.73.
MONROE COUNTY SELF-INSURED GROUP INSURANCE, #224-
#225, in the amount of $39,904.30.
TRANSLATOR FUND, 1167-1168, in the amount of
$10,512.72. ----
$309.44.
CROSS KEY WATERWAY, 151-152, in the amount of
715 MARINERS HOSPITAL SPECIAL TAX DISTRICT,
'29-#30, in the amount of $3,754.90. ---
716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING &
CODE ENFORCEMENT, 1114-'115, in the amount of $118,996.66.
718 VENETIAN SHORES SPECIAL ROAD DISTRICT, '01-'02,
in the amount of $136.01. ----
610 LAND AUTHORITY, 157-#64, in the amount of
$2,998.46:-- ----
Board waived the provisions of Florida Statutes 112.313 (3)
and (7) pursuant to Florida Statutes 112.313 (12) and
approved Tourist Development Trust Fund Expenditures as
follows:
Island Navigator - Invoice for Advertising $
(Advertising for Power Boat Race)
775.70
Island Navigator - Invoice for Advertising $
(Advertising for Buskerfest '88)
440.00
TOTAL
$ 1,215.70
Board approved the issuance of duplicate Tax Sale
Certificates No. 1253 and No. 374 to Douglas Glass inasmuch
as the originals were lost or destroyed.
Board approved the Minutes of the following meetings of the
Board of County Commissioners: 1/5, 1/12 (2),1/19.
Board adopted the following Resolution transferring funds
for the year 1987-88.
RESOLUTION NO. 096-1988
See. Res. Book No. 65 which is incorporated herein by
reference.
Motion carried unanimously.
COUNTY ATTORNEY
Lucien Proby, County Attorney discussed the New
Port Largo suit.
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Mr. Proby discussed a pending disputed claim
from the Board of County Commissioners' previous insurance
carrier, Metropolitan Life, in the amount of $7,661.00. He
indicated that they had been in negotiation with
Metropolitan Life and that Metropolitan Life had made an
offer to settle in the amount of $5,329.86. Motion was made
b~ Commissioner Puto and seconded by Commissioner Freeman to
authorize the settlement of the claim in the amount of
$5,329.86 with Metropolitan-Life, with said amount to be
paid from Contingency or the Board's Self-Insured Fund, to
be determined by the Clerk. Motion carried unanimously.
The County Attorney discussed the current Lease
from the Florida Keys Aqueduct Authority for the area behind
the tanks used by the State's Attorney and the County for
parking. Motion was made by Commissioner Freeman and
seconded by Commissioner Puto to authorize the execution of
the two-year option for renewal on that Lease. Motion
carried unanimously.
Mr. Proby discussed the need to correct some errors
on Ordinance No. 010-1988 which established court facilities
filing fees. Motion was made by Commission Freeman and
seconded by Commissioner Puto declaring an emergency exists;
waiving the requirements of advertising under the provisions
of Florida Statutes 125.66; amending Ordinance 010-1988 con-
cerning Circuit and County Court facility fee charges by
amending Section 2, Subsections A and B thereof, providing
for severability; providing for inclusion in the Monroe
County Code, providing for the repeal of all Ordinances or
parts of Ordinances in conflict herewith; and providing for
an effective date. Roll call vote was unanimous. Motion
was made by Commissioner Freeman and seconded by
Commissioner Puto to adopt the following amended emergency
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 013-1988
See Ordinance Book No. 17 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman declaring an emergency
exists and waiving the requirements of advertising under the
provisions of Florida Statutes 125.66. Roll call vote was
unanimous. Motion was then made by Commissioner Freeman and
seconded by Commissioner Puto to read by title only the pro-
posed Emergency Ordinance repealing Sections 9.5-315,
9.5-316 and 9.5-317, Monroe County Code, which provide for
building construction regulations in areas of special flood
hazard and substituting therefor certain amended regula-
tions; providing for the purpose and intent of the flood
management Ordinance; requiring that all structures built or
altered after the effective date of this Ordinance be in
compliance therewith; adopting by reference Federal
Emergency Management Agency maps which show the areas of
special flood hazard; providing for rules of interpretation;
providing for a disclaimer of liability on behalf of Monroe
County for any flood damages that result from reliance on
this Ordinance or on lawful administrative decisions pur-
suant thereto; providing for a definition of manufactured
home for the purposes of this Ordinance only; providing for
construction standards for the issuance of building permits
in areas of the County shown as areas of special flood
hazard on the Federal Emergency Management Agency maps; pro-
viding additional construction standards for nonresidential
construction; providing additional constructions standards
for manufactured homes and certain exemptions therefrom;
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providing for additional construction standards for struc-
tures shown on the Federal Emergency Management Agency spe-
cial flood hazard maps as being in areas of coastal high
hazard; providing that no basement may be constructed in
Monroe County until such time as a variance is approved
under 44 C.F.R. 60.6(b); providing that no enclosures below
base flood elevation shall be built for use as a kitchen,
dining room, family room, recreation room, bedroom or
bathroom and providing certain exemptions thereto; providing
that nonsubstantial noncumlative improvements may be
constructed below base flood elevation without a variance;
providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for incor-
poration into the Monroe County Code; and providing an
effective date. Motion carried unanimously. There was no
public input. Motion was made by Commissioner Puto and
seconded by Commissioner Freeman to adopt the following
Emergency Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 014-1988
See Ordinance Book No. 17 which is incorporated herein by
reference.
MUNICIPAL SERVICES (WASTE)
Charles Aguero, MSD Manager, discussed the Clean-Up
of the Keys activity.
Mr. Aguero also discussed the Hazen and Sawyer
Report, and the need for a Workshop to discuss the Report in
more detail. The Board referred this matter to a Workshop
to be held sometime in the first week of March to be coor-
dinated with the County Administrator's Office.
Motion was made by Commissioner Hernandez and
seconded by Commissioner Puto to approve the following
Resolution of the Board of Governors of the Municipal
Service District of Monroe County, rescinding Resolutions
No. 348-1987 and No. 409-1987 and authorizing the Chairman 0
the Board to execute a Lease by and between John E. Carter
and Edward D. Carter and the Municipal Service District of
Monroe County, Florida, for property for temporary storage
of abandoned vehicles. Motion carried unanimously.
RESOLUTION NO. 097-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and
Commissioner Freeman to award the construction of a peri-
meter road and storm water retention ditch to MWM
Construction in the amount of $146,836.50, waiving a
requirement for Performance Bond, requiring a 20 percent
retainage, and authorizing the execution of a necessary
Contract. Motion carried unanimously. Motion was then made
by Commissioner Stormont and seconded by Commissioner
Freeman to waive permit fees for the project in accordance
with 6-42 of the Monroe County Code. Roll call vote was
unanimous.
Motion was made by Mayor Lytton and seconded by
Commissioner Puto to postpone consideration of roof repairs
at all three incinerator buildings. Motion carried unani-
mously.
The MSD Manager and the Board discussed procedures
on abandoned vehicles. Motion was made by Commissioner
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Hernandez and seconded by Commissioner Freeman to authorize
the MSD Director to pursue the leasing of properly zoned
property in the Key Largo area to be used as an impoundment
yard, and to bring back proposals to the Board. Motion
carried unanimously.
The Board also discussed a proposed Lease with Don
Cotner for certain property in Marathon. Mr. Cotner
addressed the Board. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to instruct
the MSD Manager to prepare a proposed lease with Mr. Cotner
for the property located on Aviation Boulevard in Marathon
to bring back to the Board, to review the necessary Budget
considerations, and also to direct the County Administrator
to develop an enterprise fund to realize what revenues may
be derived and to bring back to the Board a financial analy-
sis of same. Motion carried unanimously.
EMERGENCY SERVICES
Reggie paros, EMS Director, addressed the Board.
He advised that Big Coppitt and Stock Island Ambulance
Services will be upgraded to Advanced Life Support during
the first week of March.
J. R. Williams of Diversified Systems Management,
Inc. addressed the Board regarding their proposed Agreement
for Billing and Collection Services for Ambulance User Fees.
After discussion, motion was made by Commissioner Hernandez
and seconded by Commissioner Freeman to waive the required
Bond, subject to legal appropriateness. Roll call vote was
unanimous with Mayor Lytton not present. Motion was then
made by Commissioner Stormont and seconded by Commissioner
Freeman to adopt the following Resolution sitting as the
Board of Governors of Municipal Service Taxing Districts
I-A, l-B, l-C, 1-0, 3, 4-A, 4-B, 5, and 6 authorizing the
Chairman of the Board to execute an Agreement by and between
Municipal Service Taxing Districts I-A, l-B, l-C, 1-0, 3,
4-A, 4-B, 5 and 6 and Diversified System Management, Inc.
pertaining to billing and collection services for user fees
generated by the Districts' Emergency Medical Services
System. Motion carried unanimously.
RESOLUTION NO. 098-1988
See Res. Book No. 65 which is incorporated herein by
reference.
ENGINEERING
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board regarding the status of permitting for
Harry Harris Park. Motion was made by Commissioner
Hernandez and seconded by Commissioner Freeman to direct the
County Administrator to appropriate monies not to exceed
$19,280.00 out of Contingency or Budget to pay for per-
mitting for Harry Harris Park. During discussion, motion
was made by Commissioner Stormont and seconded by
Commissioner Puto to include the expertise and knowledge of
the Public Works Department and the Planning Department in
order to possibly reduce the cost of Post Buckley's PSO.
Roll call vote on the amendment was taken with the following
results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
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Motion carried. Roll call vote on the original motion was
unanimous.
The Board recessed for lunch.
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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, Russell Radom,
and Chairman Michael Puto.
Reggie Paros, EMS Director, and J. R. Williams
discussed the proposed Agreement with Diversified Systems
Management, Inc. for Billing and Collection Services for
Ambulance User Fees. Motion was made by Mayor Feiner and
seconded by Commissioner Radom to waive the required Bond,
subject to legal appropriateness, to amend Item 17 of the
Agreement to allow for ninety days to exercise an option to
renew the Agreement, and to adopt the following Resolution
sitting as the Board of Governors of Municipal Service
Taxing District 2 authorizing the Chairman of the Board to
execute an Agreement by and between Municipal Service Taxing
District 2 and Diversified System Management, Inc. per-
taining to billing and collection services for user fees
generated by the Districts' Emergency Medical Services
System. Motion carried unanimously.
RESOLUTION NO. 099-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Motion was then made by Commissioner Radom and
seconded by Mayor Feiner to adopt the following Resolution
extending the terms of a contract with Marathon H.M.A. Inc.
for ambulance service to November 5, 1987. Motion carried
unanimously.
RESOLUTION NO. 100-1988
See Res. Book No. 65 which is incorporated herein by
reference.
There being no further business, the meeting of the
Board of Governors of Municipal Service Taxing District
No. 2 adjourned.
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The Regular Meeting of the Board of County
Commissioners reconvened.
SOUNDING BOARD FOR PUBLIC INPUT
Dr. Debbie Flynn addressed the Board and presented
the results of a non-partisan survey on County services.
Bob Ernst, representing the Florida Keys Citizens
Coalition, Inc., addressed the Board concerning the proposed
Tourist Impact Tax and the Referendum scheduled for March 8,
1988. He requested that the Board provide specific infor-
mation on how the Tourist Impact Tax would be spent prior to
the Referendum so that his and other organizations could
support and promote the proposed Tourist Impact Tax. This
matter was referred to a Workshop to be held on February
22, 1988 at 9:30 a.m., 310 Fleming Street, in Key West.
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Art Weiner, Ph.D., discussed a proposed mitigation
project involving the Sigsbee Park Causeway and the possible
use of the mitigation trust funds along with County support.
After discussion, motion was made by Commissioner Hernandez
and seconded by Commissioner Puto directing the County
Administrator to communicate with the Navy concerning this
proposed mitigation project involving Sigsbee Park Causeway
and to set up a meeting with the Consulting Engineers, Dr.
Weiner, the City Manager, and the Navy, and then to report
back to the Board. Motion carried unanimously.
Motion was made by Commissioner Puto and seconded
by Commissioner Stormont to reconsider the Board's previous
action to delete from the Agenda Item F-l. Motion carried
unanimously. Mr. Craig advised the Board that he was
reviewing the proposed project for the possible waiver of
impact fees for the Florida Keys Children's Shelter. His
review indicated that it would probably not be possible to
waive these impact fees as required by the Land Use Plan.
However, he recommended that they be deferred until the
issuance of a Certificate of Occupancy. Motion was made by
Commissioner Puto and seconded by Commissioner Stormont to
authorize the issuance of the permits to the Florida Keys
Children's Shelter but to defer the requirement of the impac
fees until the issuance of a Certificate of Occupancy.
Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
amending Article VIII, Monroe County Code, entitled
nTourist Development Taxn. Motion was made by Commissioner
Stormont and seconded by Mayor Lytton to read by title only.
Motion carried unanimously. Proof of publication was
entered into the record. The following persons addressed
the Board: Walt Marlowe, Phil Berquist, Mary Vickers, Denys
Larsen, Gordon Luster, Alex Mayjes, Don Defeo, Russell
Teall, Stanley Becker, Jim Kepenhoefer, Mickey Feiner, Judge
Richard Fowler, and Ed Swift. Mayor Lytton recognized
Senator Larry Plummer and Judge Richard Fowler from the
audience. A Petition opposing this Ordinance was submitted
for the record. After discussion, motion was made by
Commissioner Freeman and seconded by Commissioner Stormont
to adopt the following Ordinance amending Article VIII,
Monroe County Code, entitled nTourist Development Taxn; pro-
viding for the levy of a Tourist Development Tax; providing
for the collection of said tax; establishing the Monroe
County Tourist Development Council; establishing penalties
and liens; providing for the repeal of the Tourist
Development Tax; providing for severability; providing for
repeal of all Ordinances or parts in conflict with this
Ordinance; and providing for an effective date. Motion
carried unanimously. Motion was then made by Commissioner
Stormont and seconded by Commissioner Freeman to amend
Section 3 on Page 9 to read nSections 2-303 thru 2-312,
Monroe County Code, are hereby repealed.n and Section 2-313
and all remaining Sections would be re-numbered. Roll
call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
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Motion carried. Motion was then made by Commissioner
Stormont and seconded by Commissioner Freeman to amend Page
4, top of the page, to read "The governing board of the
County shall allow the Council to elect a Chairman" and to
delete the remaining portion of that sentence. Roll call
vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
No
Yes
Yes
Motion carried. Motion was then made by Commissioner
Stormont and seconded by Commissioner Freeman to amend Page
8, Section 7, to drop the period after "Section" and add
"and only upon recommendation of the Advisory Board of that
district." 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. Motion was made by Commissioner Hernandez
that the provision for the percentage of the third cent tax
for administration be deleted from the Ordinance. The
motion died for lack of a second. Motion was then made by
Commissioner Puto and seconded by Commissioner Hernandez to
amend Items No. 3 and 4 on Page 8 to provide for a distribu-
tion of 70 percent in Item 3 and 30 percent in Item 4. Roll
call vote was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
No
Yes
Yes
No
No
Motion failed. Motion was made by Commissioner Hernandez to
continue the Public Hearing. Motion died for lack of a
second. Roll call vote on the motion to adopt as amended
was taken with the following results:
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
Motion carried.
ORDINANCE NO. 015-1988
See Ordinance Book No. 17 which is incorporated herein by
reference.
MISCELLANEOUS
Sandy Higgs, Administrative Director of the Tourist
Development Council, made a report concerning the proposals
for the Third Cent Tourist Tax. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to accept the report. Roll call vote was taken with the
following results:
I
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Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
Mayor Lytton
Yes
No
Yes
Yes
Yes
Motion carried.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
regarding reimbursement to Land Authority Advisory Board
members. Motion was made by Commissioner Stormont and
seconded by Commissioner Puto to read by title only. Motion
carried unanimously. Proof of publication was entered into
the record. There was no public input. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to adopt the following Ordinance amending Section 7(C) of
Ordinance No. 031-1986, as amended by Ordinance No.
053-1987, in order to provide Land Authority Advisory Board
members One Hundred Dollars per meeting compensation com-
mencing October 1, 1986; providing for severability; pro-
viding for repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of
Ordinances; and providing an effective date and with a modi-
fication to provide that the Hundred Dollars per meeting
would be to cover expenses and that no additional reimbur-
sement for expenditures would be allowable. Motion carried
unanimously.
ORDINANCE NO. 016-1988
See Ordinance Book No. 17 which is incorporated herein by
reference.
A Public Hearing was held on a proposed Ordinance
amending and modifying Section 12-19, Monroe County Code, in
order to provide that those natural persons holding a State
salt water products retail and wholesale dealer's license
are exempt from obtaining a peddler's occupational license,
etc. Motion was made by Commissioner Puto and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. Proof of publication was entered into the
record. There was no public input. Motion was made by
Commissioner Stormont and seconded by Commissioner Puto to
continued to the next meeting. Motion carried unanimously.
AWARDING BIDS
Donna Perez, Risk Management Coordinator, and Lou
Cantin, representing Risk Control Associates, addressed the
Board concerning insurance proposals. Motion was made by
Commissioner Stormont and seconded by Commissioner Puto to
accept the recommendation of the Insurance Consultant and
award the bid for liability coverages to Florida Municipal
Liability Self-Insurers Program as follows:
General Liability
Auto Liability
Bayshore Manor
Auto physical Damage
Optional Errors & Omissions
Total
$105,360.00
$ 57,179.00
$ 5,040.00
$ 9,520.00
$ 27,966.00
$205,065.00
and to also award the bid for Property and Inland Marine
coverages to United States Fidelity & Guaranty Company in
the amount of $283,977.00. Motion carried unanimously.
KK ~1
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
amending Ordinance No. 031-1986 in order to provide for
interim and permanent acquisition procedures, etc.
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to read by title only. Motion carried
unanimously. Proof of publication was entered into the
record. Dona Merritt addressed the Board and requested the
removal of Torch Key Estates from the Acquisition List.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to continue to the next meeting.
Motion carried unanimously with Commissioner Hernandez
absent from the meeting.
Peter Robinson, representing Hazen and Sawyer, pre-
sented a report on the Solid Waste Management Study. Bob
Ernst of the Florida Keys Citizens Coalition, Inc. and Vern
Pokorski of the Big Pine Civic Association addressed the
Board. The Board discussed the Workshop previously called
for February 22nd and indicated that this conflicted with
several schedules. After discussion, the Mayor called a
Workshop for February 23rd at 9:00 a.m. in the Commission
Chambers, 310 Fleming Street, Key West, to discuss the
following items: Solid Waste Report, Land Authority
discussion, the Tourist Impact Tax, and the Report on the
Seaplane.
PUBLIC WORKS
Dent Pierce, Public Works Director, advised the
Board that the Higgs Beach Pier plans were ready and antici-
pated construction to begin sometime in either April or May.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to continue to the next meeting con-
sideration of a proposed Resolution tracing the history of
the transfer of the secondary bridges to Monroe County and
incorporating an official request to the Department of
Transportation further clarifying maintenance respon-
sibility. Motion carried unanimously with Commissioner
Hernandez absent from the meeting.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
requesting the assistance of our legislators in implementing
the ninth cent gas tax. Motion carried unanimously with
Commissioner Hernandez absent from the meeting.
RESOLUTION NO. 101-1988
See Res. Book No. 65 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Freeman to adopt the following Resolution
directing the Monroe County Public Works Department to
implement a 7-year work program for Monroe County Road
System Construction and Reconstruction Projects as funds
become available~ establishing a priority listing of such
projects~ acknowledging the nature of preliminary probable
cost statements therefor~ and directing the Public Works
Department to maintain a cash flow monitoring program and
reporting system in connection therewith. Motion carried
unanimously with Commissioner Hernandez absent from the
meeting.
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RESOLUTION NO. 102-1988
See Res. Book No. 65 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman authorizing the County
Administrator to select from proposals received a firm to
conduct trauma patient case management review and to waive
the application of the Administrative Order on purchasing
to the extent necessary and also establishing a $10,000 cap.
Motion carried unanimously with Commissioner Hernandez
absent from the meeting.
-,
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to extend the Maintenance
Contract with C & M Electronics for the Translator for
ninety days, requesting a review of the Contract, and
authorizing the beginning of the bid procedure.
There being no further business, the Board of
County Commissioners adjourned.
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