07/25/1986 Regular
GG O~
Regular Meeting
Board of County Commissioners
Friday, July 25, 1986
Marathon
A Regular Meeting of the Monroe County Board of
County Commissioners convened on the above date at the
Plantation Key Government Center. Present and answering to
roll call were Commissioner Alison Fahrer, Commissioner
William Freeman, Commissioner John Stormont, Commissioner Ed
Swift, and Mayor Wilhelmina Harvey. Also present were Danny
L. Kolhage, Clerk; Lucien Proby, County Attorney; Mike
Managan on behalf of the County Administrator's Office;
Department Heads; County Staff; members of the Press and
Radio; and the general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve the following items by
unanimous consent:
BULK APPROVALS
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURE EXPENDITURES
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellman, Ph.D., in the amount of $125.00; I. Howard Levin,
M.D., in the amount of $735.00; John P. Mihalovich, Ph.D.,
in the amount of $375.00; Tanju T. Mishara, Ph.D., in the
amount of $500.00.
COURT-APPOINTED ATTORNEYS, Larry R. Erskine, in the
amount of $212.50; Roberta S. Fine, in the amount of
$156.25; W. S. Smallwood, in the amount of $253.75.
OTHER EXPENSES AND COSTS, Louis J. Spallone, Clerk,
in the amount of $1,500.00; State of Florida, in the amount
of $45.00.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $50.00; Philip J. Chanfrau, in
the amount of $25.00; Florida Keys Reporting, in the amount
of $1,818.90; Humberto Jimenez, in the amount of $100.00;
Marc Nichols and Associates, Inc., in the amount of $71.00;
Terry Moran, in the amount of $1,683.20.
COURT INTERPRETER SERVICES, Serafin Calero, in the
amount of $47.50; Irma Lopez de Pugh, in the amount of
$25.00; Alexander Fernandez, in the amount of $100.00;
Manuel Marcial, in the amount of $50.00; Charles Parra, in
the amount of $55.00; Maria Sardina, in the amount of
$50.00; Tina Sebastian, in the amount of $185.00; Ricardo
Torres, in the amount of $75.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $3,091.68; Regular Witness Fees, in the amount of
$175.00.
EXPERT WITNESS FEES, Darene Cahill, in the amount
of $50.00; Richard Hellman, Ph.D., in the amount of $170.00;
GG 017
Lloyd Richard Miller, M.D., in the amount of $180.00.
Board approved the following Warrants:
WARRANTS
--------
GENERAL REVENUE FUND, #53391-#54259, in the amount
of $2,877,134.38. ----
SUPPLEMENT TO GENERAL REVENUE FUND, #224, in the
amount of $45,560.88:-
FINE & FORFEITURE FUND, #499-#504, in the amount of
$947,434.~ ~ ----
AIRPORT OPERATION & MAINTENANCE FUND, 1360-#361, in
the amount of $21,347.24. - ----
ROAD & BRIDGE FUND, #404-#406, in the amount of
$127,779.ga:- - ----
MSD TAX DISTRICT, '338-#339, in the amount of
$70,697.3r:- ---
MSD, Marine Bank, Marathon, 1810-#821, in the
amount of-s342,886.09.
MSD, Pledged Funds, 171, in the amount of
$300,000.00.
1981 IMPROVEMENT BONDS, Debt Service, 142, in the
amount of $117,989.26.
CAPITAL PROJECTS FUND, 1155, in the amount of
$868.39.
MONROE COUNTY GROUP INSURANCE, 1140, in the amount
of $1,853.58.
CARD SOUND BRIDGE FUND, #130-#133, in the amount of
$64,723.5~
WORKMEN'S COMPENSATION, 11936-'1952, in the amount
of $14,371.36.
TOURIST DEVELOPMENT COUNCIL, 1264-#267, in the
amount of $29,750.93.
TRANSLATOR FUND, tIll, in the amount of
$160,406.43. ----
FUND 716 SPECIAL TAX DISTRICT, PLANNING, BUILDING,
CODE ENFORCEMENT; #20, in the amount of $93,836.90.
Board approved the Minutes of the Board of County
Commissioners for the meetings of May 15th, May 16th, May
23rd, May 29th, and June 6th.
~-
I
Board adopted the following Resolution concerning decrease
in receipts of unanticipated funds.
RESOLUTION NO. 218-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds.
GG018
RESOLUTION NO. 219-1986
RESOLUTION NO. 220-1986
RESOLUTION NO. 221-1986
RESOLUTION NO. 222-1986
RESOLUTION NO. 223-1986
RESOLUTION NO. 224-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds
for the year 1985-1986.
RESOLUTION NO. 225-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Mr. and Mrs. Tibor Palffy for the enclosure of 789 square
feet below the 100-Year Flood Elevation for storage and
parking only on the North ~ of Lots 20 and 21, Block 20,
Jolly Roger Estates, LaFitte Road, Little Torch Key; Zoned
RU-l; Coastal Flood Zone V-12.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Edgar W. and Edith Watterson for the enclosure of 330
square feet below the 100-Year Flood Elevation for a garage
(finished floor will be 6' above mean sea level) on Lot 5,
Block 5, 10th Addition, Floral Avenue, Key Haven; Zoned
ITEMS FOR STAFF COMMENT
Building, Planning ~ Zoning
Board approved, per staff conditions and recommendations,
Application for Permit from Michael Allen to construct a
60' x 10' pile supported marginal dock with 10 cubic yards
of riprap boulders at Lot 2A, Ramrod Shores, 2nd Addition,
Ramrod Key; Section 29, Township 66S, Range 29E; Zoned RU-l.
Board approved, per staff conditions and recommendations,
Application for Permit from Robert Mullane to construct 80
linear feet of seawall, 45 cubic yards of fill below MHW
and 150 cubic yards of fill on the upland portion of the
property at Lot 20, Block 2, Summerland Cove Isles,
Summerland Key; Section 35, Township 66S, Range 28E; Zoned
RU-l.
Social Services
Board approved payment of $635.00 to Martin-Vegue Funeral
Home for the pauper burial of Diane Trombly Windham.
Board authorized ratification of the Admission Agreement for
Ana A. Key to Bayshore Manor, the County Home.
Emergency Services
Board approved the request for Referendum Elections for
Municipal Services Taxing Districts as set out in the
memorandum from the Director of the Emergency Services
Department dated July 21, 1986.
COUNTY ATTORNEY
Board adopted the following Resolution approving an Addendum
GG019
to Agreement by and between Monroe County Tourist
Development Council and Keys Advertising & Marketing, Inc.
RESOLUTION NO. 226-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute a Contract for the
maintenance of the Monroe County Television translator
System by and between the Monroe County Board of County
Commissioners and Carmelita T. Gossard d/b/a C & M
Electronics Co.
RESOLUTION NO. 227-1986
See Res. Book No. 51 which is incorporated herein by
reference.
COMMISSIONERS' ITEMS
Board authorized the appointment of Dick Nelson to the Code
Enforcement Board.
Board authorized the Legal Department to advertise for
Public Hearing a proposed Ordinance prohibiting possession
of open containers of alcoholic beverages in unincorporated
Monroe County.
Board authorized a letter of commendation to be sent to
Representative Sid Martin for all of his efforts in the 1986
Legislature regarding the Monroe County Land Use Bill.
Board authorized acceptance of a donation of $4,000.00 from
Friends Of The pier with the condition that the funds would
be used for the repair of the pier at Higgs Beach.
Board authorized the construction of ramps for the use of
handicapped persons at the restrooms at Sombrero Beach Park.
Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Engineering
Bob Harris of Post, Buckley, Schuh & Jernigan
advised the Board of the results of the bids received
regarding the Emergency Generator at the Monroe County
Courthouse and Courthouse Annex:
Frank Keevan & Son, Inc.
2nd Street, Stock Island
Key West, Florida
$106,300.00
Hewitt-Kier Construction, Inc.
1880 N. W. 23rd Street
Pompano Beach, Florida
$119,000.00
Mr. Harris advised the Commission that there were three
alternatives for the Board to consider at this time, as
outlined in his memorandum dated July 23, 1986 to Charles
Dent Pierce, Director of the Public Works Department. After
discussion, motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to notify the generator com-
pany that the County will not take delivery on the generator
at this time and also authorizing the staff to negotiate
with the low bidder. Motion carried unanimously.
GQ-020
Mr. Harris gave an update on the Plantation Key
Government Center work. During discussion, certain items
were approved by the Board concerning that construction.
Motion was made by Commissioner Stormont and seconded by
Commissioner Swift to approve straight-tempered glass and
store-front windows to be used at the Government Center
site. Motion carried unanimously. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
authorizing the preparation of a change order for block
construction in the two panel areas at the Plantation Key
Government Center construction site. Motion carried unani-
mously. Motion was then made by Commissioner Stormont and
seconded by Commissioner Freeman authorizing a change in the
electrical and air-conditioning "runsn as outlined by
Commissioner Stormont. Motion carried unanimously with
Mayor Harvey absent from the meeting.
The Board then discussed the need for the position
of a Projects Manager. Motion was made by Commissioner
Stormont and seconded by Commisioner Swift directing that
the position of a Projects Manager be included in any future
bond issues for Capital Improvement Projects. Motion
carried unanimously.
Planning, Building ~ Zoning
Charles Pattison, Director, discussed the proposed
budget for funding for the Land Use Plan.
Mr. Pattison also discussed the Port Bougainville
hearing, indicating that a date of August 22nd at the
Plantation Key meeting would be an appropriate date. Motion
was made by Commissioner Fahrer and seconded by Commissioner
Stormont to re-schedule the Port Bougainville hearing for
August 22nd at Plantation Key. Motion carried unanimously.
Mr. Pattison then discussed a $40,000.00 grant from
the Department of Environmental Regulation for water quality
and septic tank research. Motion was made by Commissioner
Fahrer and seconded by Commissioner Freeman to accept the
grant. Motion carried unanimously.
Discussion then ensued concerning the plats of
Plantation Point and the effect of a delay on the con-
sideration of approval for those plats by the adoption of
the Land Use Plan. Commissioner Stormont discussed the fact
that many such matters may not in fact be "grandfathered"
upon the adoption of the Plan. Bill Selby, developer of
Plantation Point and Plantation Point South, addressed the
Board.
Motion was made by Commissioner Swift and seconded
by Commissioner Stormont to reconsider the Board's previous
action in postponing the consideration of approval of two
subdivisions on Plantation Key. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Stormont to continue Item C-3-g, development
on Plantation Key (two subdivisions), for two weeks and
asking receipt of information from Charles Siemon concerning
the status of such pending approvals upon adoption of the
Land Use Plan. Motion carried unanimously.
Mr. Pattison discussed the changes to the Land Use
Plan and the printing necessary. He requested that Mr.
Siemon be allowed to print the Plan in Chicago and ship it
to Monroe County since all of the changes in the Text are in
GG - 021
his computer. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to approve Mr. Siemon's
printing the Amended Plan and forwarding same to Monroe
County. Motion carried unanimously. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
waive the application of the Administrative Order on
purchasing as to the purchase of this service. Motion
carried unanimously.
Mr. Pattison then discussed the proposed Ordinance
concerning the creation of a Land Authority as outlined in
House Bill 1405. Mr. Pattison submitted a list of names of
interested citizens to be considered for appointment to the
Land Authority Advisory Committee.
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
approving for record a plat known as nLAMBERT SUBDIVISION",
a Re-subdivision of a part of Tract "Bn of Punta Brisa, as
recorded in Plat Book 2 at Page 157, in Government Lot 8,
Section 14, Township 66 South, Range 29 East, on Big Pine
Key, Monroe County, Florida. Motion carried unanimously.
RESOLUTION NO. 228-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Mr. Pattison discussed his memorandum dated July
15, 1986 concerning Bonefish Yacht Club. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
accept the recommendation of staff as follows:
n(l) process a new building application for the
remaining 18 units but waive the building
fees since the project was totally paid
for in 1981; and
(2) withhold issuance of any permit until the
owner has complied with the following:
(a) returned to the Zoning Board for new
phasing approval, and
(b) presented documentation showing current
building and site plans and letters of
coordination from all utilities showing
that suitable capacity exists for water,
electricity and sewage treatment.n
Roll call vote was unanimous with Commissioner Stormont
absent from the meeting.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve, per staff recommendation
and conditions, the Application for Permit from Dr. Thates
Theodore for the construction of a vertical concrete seawall
and dock with 20 cubic yards of fill below MHW at Lot 20,
Block 2, Plantation Island, Duck Key; Zoned RU-l M. Roll
call vote was unanimously.
Commissioner Swift discussed the problem of the
time necessary to obtain permits for seawall applications.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Swift to prepare a Resolution requesting a
unified permitting process; directing the Resolution to
be forwarded to the Legislative Delegation, the Army Corps
of Engineers, the Department of Community Affairs, the
GGO~
Department of Natural Resources, and the Department of
Environmental Regulation; and requesting a response. Motion
carried unanimously.
Municipal Service District
Charles Aguero, Director, discussed a meeting with
representatives of Fish and Wild Life, Department of the
Interior, concerning the Key Largo Landfill. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Freeman to authorize Post, Buckley, Schuh & Jernigan to pre-
pare a proposal for acquisition of lands near the Key Largo
Landfill to be forwarded to the Department of Interior for
their consideration. Motion carried unanimously.
Mr. Aguero also gave a report on the progress of
the repairs to the Key Largo Incinerator.
Mr. Aguero advised the Board that it would be
necessary to call for bids for a drainage system and peri-
meter road at Long Key. Motion was made by Commissioner
Fahrer and seconded by Commissioner Freeman to authorize the
advertisement of a Call For Bids for a drainage system and
perimeter road at Long Key. Motion carried unanimously.
Mr. Aguero then discussed a letter received from
the Department of Environmental Regulation. He also pre-
sented the Board with a written report concerning incinera-
tor repairs (a copy was not submitted for the record).
Commissioner Stormont advised the Board that he was
in the process of preparing a report for distribution to the
Board concerning condominium and trailer park rates. Mr.
Fred Tittle addressed the Board concerning this matter.
Emergency Services
Reggie Paros, Director, advised the Board that the
Clerk was in receipt of three proposals for an Emergency
Medical Services Master Plan; however, he had not had a
chance to provide copies to the Board members. This matter
was postponed until later in the day.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to include the request from Conch
Key Fire Department for an ambulance in the considerations
for the EMS Master Plan Up-date.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Freeman and
seconded by Commissioner Fahrer to approve payment of
Invoice 116434 to Post, Buckley, Schuh & Jernigan, Inc. in
the amount of $367.53 for services rendered regarding the
Plantation Government Center. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Mayor Harvey to approve payment of Invoice
#16437 to Post, Buckley, Schuh & Jernigan, Inc. in the
amount of $3,043.72 for services rendered regarding the Jail
Expansion/Jackson Square/ Stock Island through June 30,
1986. Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Mayor Harvey to approve payment of Invoice
#16436 to Post, Buckley, Schuh & Jernigan, Inc. in the
amount of $4,151.06 for services rendered regarding the
GrrO~
Monroe County Courthouse Emergency Generator. Motion
carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Fahrer to approve payment of
Invoice 116435 to Post, Buckley, Schuh & Jernigan, Inc. in
the amount of $62.43 for services rendered regarding branch
offices of the Supervisor of Elections.
Motion was made by Commissioner Freeman and
seconded by Commissioner Fahrer to approve payment of
Invoice 116819 to Post, Buckley, Schuh & Jernigan, Inc. in
the amount of $39,710.92 for road work performed for the
month ending June 30, 1986. Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to approve payment of the
following invoices in connection with the completion of the
Boating Improvement Fund Project for the Tavernier Creek
Oceanside Marker repairs:
Frank Keevan & Son
Key West Citizen
The Keynoter
The Reporter
$2,970.00
75.80
39.00
120.00
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment of the following
invoices in connection with the completion of the Boating
Improvement Fund Project for the Lakes Channel Markers
modifications:
Frank Keevan & Son
Key West Citizen
The Keynoter
The Reporter
$14,200.00
64.52
33.00
80.00
Motion carried unanimously.
Motion was made
seconded by Mayor Harvey
Company in the amount of
Jackson Square Complex.
by Commissioner Freeman and
to approve payment to F & W Fence
$3,200.00 for fencing at the
Motion carried unanimously.
Motion was made by Commissioner Freeman and
seconded by Commissioner Fahrer to approve payment of
Invoice No. 1252 in the amount of $3,601.41 to the firm of
Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A., labor attorneys. Motion carried unani-
mously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve the purchase of a
limestone plaque from Tom Sawyer Enterprises in the amount
of $35.00, to be paid from the Board's Advertising Fund.
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve payment of Invoice No. 033
to CVAL INC. in the amount of $8,700.00 for painting at the
Courthouse, contingent upon final inspection and approval by
the Public Works Director. Motion carried unanimously.
The Board discussed proposed Resolutions for the
Sailboats and Para-Sailing Concessions at Higgs Beach.
GG
024
Motion was made by Commissioner Swift and seconded by
Commissioner Fahrer to approve the addendums to the proposed
leases prepared by County Attorney Proby and also subject to
the presentation of the required insurance policies.
Commissioner Swift discussed the agreement of the proposed
concessionnaires to rebuild a 40-foot section of the pier
and also he wanted to be sure that if the County extends the
pier, that this lease agreement would allow access to the
pier extension, that there would be no obstructions on the
pier, and that there would be no PA system or amplified
music or any other form of disturbance on the pier.
The Board discussed the need to insure that proper
insurance coverages are being provided by lessees of County
property. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer directing the County
Insurance Department to write letters to all holders of
lease interests in and to County property and request that
they provide copies of the appropriate and required
insurance policies. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to propose consideration of the
Resolutions approving the leases at Higgs Beach for Sailboat
Rentals and Para-Sailing until the next Key West meeting.
Motion carried unanimously.
Commissioner Swift discussed his request for infor-
mation from the County Administrator's Office concerning
negotiations with the GSA for a parking area behind Jackson
Square. County Attorney Proby also discussed this matter.
Motion was made by Mayor Harvey and seconded by Commissioner
Fahrer to authorize Commissioner Swift and County Attorney
Proby to travel to Atlanta to talk to GSA about the right to
negotiate the purchase of lands to be used for a parking
area in back of Jackson Square. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to authorize payment of a bill sub-
mitted by Mr. Cohen, a Translator Consultant, in the amount
of $5,329.99. Motion carried unanimously.
COUNTY ATTORNEY
Lucien Proby, County Attorney, discussed the pro-
perty on the corner of Whitehead and Southard Streets and
the County's desire to purchase that property for County
use. Motion was made by Commissioner Stormont and seconded
by Commissioner Fahrer authorizing an offer to be made to
the owners of the property for the purchase of the property
at its appraised value plus 10%. During discussion, Ms.
Tommie Harper, Realtor, addressed the Board concerning this
matter. Roll call vote was unanimous. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
consider the Berman Parcel on the corner as a single trans-
action but requiring the balance of the property to be con-
sidered as one parcel. Motion carried unanimously.
SOUNDING BOARD FOR PUBLIC INPUT
Mr. Pedro Fraga, President of the Senior Major
League, addressed the Board and requested financial
assistance in the amount of $500.00 to defray expenses for
the upcoming Major State Tournament in Panama City. Motion
was made by Commissioner Fahrer and seconded by Commissioner
Stormont to deny the request of the Senior Major League for
financial assistance. Roll call vote was taken with the
GG - 025
following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Major Harvey
Yes
No
Yes
Yes
No
Motion carried.
Mr. Skelly discussed the Up-dated Master Plan at
Marathon Airport. Mr. Jimmy Goff of Post, Buckley, Schuh &
Jernigan made a presentation concerning the Up-dated Master
Plan. Mr. Bob Ernst addressed the Board concerning the need
for public participation in the Master Plan Up-date and also
discussed the issue of the drainage at the Marathon Airport
and the retention ponds. During his discussion, Mr. Ernst
presented six photographs for the record which reflected the
border and birds that are presently congregating around and
in the retention pond areas. Mr. Ernst requested that the
Plan be returned for the necessary corrections and also for
removal of any reference to the retention ponds. During
discussion, motion was made by Commissioner Fahrer and
seconded by Commissioner Swift calling for a Workshop on
August 5th at the Marathon Library from 2:00 to 4:00 p.m.
for the purpose of discussing the Master Plan Up-date. Mr.
Louis Drakos addressed the Board concerning this matter.
Motion carried unanimously.
Mr. David Paul Horan addressed the Board and
discussed the status of the litigation of Monroe County vs.
State of Florida concerning the Principles For Guiding
Development. After discussion, motion was made by
Commissioner Fahrer and seconded by Commissioner Stormont to
drop the litigation. Mr. Fred Tittle addressed the Board.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
No
Yes
No
No
Motion failed.
The Board recessed for lunch.
*
*
*
*
*
The Board reconvened at 2:12 p.m. with all
Commissioners present.
COMMISSIONERS' ITEMS
~""'^40
Andy Hooten, County Biologist, made a presentation
concerning a Stock Island Tree Snail. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
appropriate $1,500.00 from Contingency or from the Public
Works Department's Budget to be used for the construction of
tree wells for the purpose of protecting the Stock Island
Tree Snail. Motion carried unanimously.
Commissioner Swift discussed a plan for restoration
of the Salt Ponds at the eastern end of Key West and certain
I
GG.-' 026
mitigation strategies relative to the extension of the run-
way at Key West International Airport. Following a presen-
tation by Commissioner Swift and Biologist Hooten, motion
was made by Commissioner Swift and seconded by Commissioner
Freeman to adopt the following Resolution supporting the
project and requesting that the same be incorporated into
the Key West International Airport Master Plan. Motion
carried unanimously.
RESOLUTION NO. 229-1986
See Res. Book No. 51 which is incorporated herein by
reference.
PUBLIC HEARINGS
A Public Hearing was held for the purpose of deter-
m1n1ng whether or not a portion of an alleyway in SADOWSKI
SUBDIVISION should be abandoned. Proof of publication was
entered into the record. Thomas J. Dowdell, attorney
representing the owners, addressed the Board and requested
the foregoing abandonment. Motion was made by Commissioner
Swift and seconded by Commissioner Freeman to adopt the
following Resolution renouncing and disclaiming any right of
the County and the public in and to the following described
street, alleyway, road or highway as delinated on the
hereinafter described map or plat, to wit:
A portion of an alleyway 20 feet in width,
lying between Lots F, G, H, and 2, said
Lots bordering on Dorothy Avenue and U. S.
Highway 11, AMENDED PLAT OF SADOWSKI SUB-
DIVISION, Plat Book 3, Page 77, of the
Public Records of Monroe County, Florida.
RESOLUTION NO. 230-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
Yes
No
Yes
Yes
Motion carried.
A Public Hearing was then held for the purpose of
determining whether or not a portion of Howe Street and
Coconut Avenue should be abandoned. Proof of publication
was entered into the record. James R. Keller, representing
Mr. and Mrs. Lawrence Bruno, addressed the Board concerning
their request to abandon a portion of Howe Street and a por-
tion of Coconut Avenue in CRAIN'S SUBDIVISION. Captain W.
R. Yanky, a property owner in the area, opposed the
requested abandonment. Joan Bruno addressed the Board and
supported the request for abandonment. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
adopt the following Resolution renouncing and disclaiming
any right of the County and the public in and to the
following described street, alleyway, road or highway as
delineated on the hereinafter described map or plat, to wit:
Situated within Section 25, Township 65 South,
Range 33 East, on Grassy Key in the County of
Monroe and State of Florida and known as being
I
GG 027
parts of Howe Street and Coconut Avenue as
shown upon the Plat of Crain's Subdivision
recorded in Plat Book 1, Page 51, of the
Monroe County, Florida, Public Records and
more particularly described by metes and
bounds as follows:
HOWE STREET
Beginning on the centerline of Howe Street
(50 feet wide) as shown upon Plat of Crain's
Subdivision recorded as aforesaid at its
intersection with the centerline of Coconut
Avenue (80 feet wide); thence bear north
510 21' 38" East along the centerline of
said Howe Street 40 feet to the POINT OF
BEGINNING of this described portion of
Howe Street; thence bear South 380 49' 26"
East for a distance of 25 feet to a point;
thence bear North 510 21' 38" East for a
distance of 125 feet to a point; thence bear
North 380 39' 26" West for a distance of 50
feet to a point; thence bear South 510 31'
38R West for a distance of 125 feet to a
point; thence bear South 380 49' 26" East
for a distance of 25 feet back to the Point
of Beginning.
COCONUT AVENUE
Beginning on the centerline of Howe Street
(50 feet wide) as shown upon Plat of Crain's
Subdivision recorded as aforesaid at its
intersection with the centerline of Coconut
Avenue (80 feet wide); thence bear South 380
39' 26" East for a distance of 25 feet to
the POINT OF BEGINNING; thence bear South
510 21' 38" West for a distance of 40 feet
to a point; thence bear South 380 39' 26"
East for a distance of 120 feet to a point;
thence bear North 510 21' 38" East for a
distance of 80 feet to a point; thence bear
North 380 39' 26" West for a distance of
120 feet to a point; thence bear South
510 21' 38" West for a distance of 40
feet back to the Point of Beginning.
RESOLUTION NO. 231-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
Yes
Yes
No
Yes
No
Motion carried.
A Public Hearing was then held on a proposed
Ordinance declaring it to be the policy of Monroe County to
eliminate discrimination in housing based upon race, color,
religion, ancestry, sex, place of birth, physical handicap
or national origin; providing definitions; specifying
unlawful practices; specifying exemptions; providing for a
Fair Housing Director; prescribing duties and powers of the
Fair Housing Director; designating the Monroe County Housing
--
GG
028
Authority as the Fair Housing Board; providing for a Fair
Housing Board; prescribing duties and powers of the Fair
Housing Board; providing procedures for initiating and
acting upon complaints; providing for review of the actions
or decisions of the Director; providing for hearings of the
Fair Housing Board; providing for other remedies; providing
the procedure for filing reports with the Real Estate
Commission of the State of Florida; providing for inclusion
in the Monroe County Code; providing for the repeal of all
Ordinances or parts of Ordinances in conflict with this
Ordinance; and providing for an effective date. Proof of
publication was entered into the record. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
read by title only. Motion carried unanimously. There was
no public input. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 022-1986
See Ord. Book No. 11 which is incorporated herein by
reference.
SOUNDING BOARD FOR PUBLIC INPUT
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to add Item D-f to the Agenda which
is an address to the Board by Mr. Richard Watson of
Corrections Corporation of America concerning the negotia-
tions on the privatization of the Monroe County Jail.
Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Emergency Services
The Board engaged in discussion concerning the
selection of a consultant for Emergency Medical Services.
Presentations were made by Mr. Jerry Wexe1 of Arthur Young
and Company, and Dave McElhaney and Ed Hess of Aero
Products. Following the presentations, motion was made by
Commissioner Swift to readvertise. During discussion,
motion was withdrawn. Motion was made by Commissioner
Fahrer to readvertise. Motion died for lack of a second.
The Board then proceeded to vote and rank the firms to
select a firm to begin negotiations on a contract.
Following the vote, the Board proceeded to the next item
while the votes were being tabulated.
SOUNDING BOARD FOR PUBLIC INPUT
The Board then engaged in a discussion regarding
the selection of Airport/Architectural Consultants for the
Federal Inspection Station at Key West International
Airport. The following firms and individuals made presen-
tations to the Board:
1. Dennis Beebe/BR&R and Pat Rebu11
2. Ray Vera of Bermello, Kurki & Vera
3. Jose Gonzalez, Architect and Jimmy Goff,
Bob Harris and Drew Dana1uk of Post,
Buckley, Schuh & Jernigan
Following the interviews, the Board proceeded to vote to
rank the firms for the selection of the firm to begin nego-
tiations. The Board proceeded with other business while the
GGO~
votes were being tabulated.
COMMISSIONERS' ITEMS
.....
I
Ms. Tommie Harper, Realtor, addressed the Board and
advised that she had received an offer to the County for the
Berman Property of $150,000.00 for the back parcel and
$303,000.00 for the front parcel. Commissioner Swift asked
that all of the new offers be presented in writing to the
Board members prior to the next Commission meeting.
COUNTY ATTORNEY
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to adopt the following Resolution
authorizing the Mayor and Chairman of the Board of County
Commissioners of Monroe County to execute a Consultant
Agreement by and between the Monroe County Board of County
Commissioners and The Palm Beach Group, Inc. concerning
implementation of an Integrated Justice Information System
Plan. Motion carried unanimously.
RESOLUTION NO. 232-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Tom Long, Court Administrator, addressed the Board
concerning a grant from the Florida Bar Foundation for the
purchase of equipment necessary to begin conducting tele-
vised hearings from The Keys' locations. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
accept the $44,000.00 grant from the Florida Bar Foundation.
Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Emergency Services
The Clerk then advised the Board of the results of
the first vote on the contract for Consultant Services for
the EMS Study. He advised the Board that the firms of
Arthur Young & Company and Aero Products had tied with
eight votes and ESR, the third firm which was not present
for a presentation today, received fourteen votes. The
Board then proceeded to cast their ballots on the firms of
Arthur Young & Company and Aero Products. Following the
tabulation of the votes, the Clerk advised the Board that
the firm of Arthur Young & Company had received seven votes
and Aero Products had received eight votes, with the lower
vote total going to the firm to be selected. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Swift to authorize Staff to begin negotiations with Arthur
Young & Company on a contract for an EMS Study. Motion
carried unanimously.
SOUNDING BOARD FOR PUBLIC INPUT
-----
The Clerk advised the Board of the following vote
tabulation for the selection of Airport/Architectural
Consultants for the Federal Inspection Station at Key West
International Airport:
Post, Buckley, Schuh & Jernigan
Beebe/BR&R
Bermel1o, Kurki & Vera
7 votes
10 votes
13 votes
Motion was made by Commissioner Fahrer and seconded by
GG- 030
Commissioner Swift to authorize Staff to begin negotiations
with Post, Buckley, Schuh & Jernigan for a contract for
Airport/Architectural Consulting Services for the Federal
Inspection Station at Key West International Airport.
Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning two projects
now being contemplated by the Florida Department of
Transportation's four-laning along U.S. #1 through Marathon.
Proof of publication was entered into the record. Bill
Daniels of FDOM addressed the Board and requested that the
Board of County Commissioners direct the FDOT to re-design
the west end of Marathon to allow some parking on both sides
of U.S. '1. Following a brief discussion, motion was made
by Commissioner Fahrer and seconded by Commissioner Swift to
adopt the following Resolution directed to the Florida
Department of Transportation requesting a re-design of the
prospective u.S. Highway 1 enlargement in Marathon from 37th
Street to Knight's Key. During discussion, Mr. John Taylor
of DOT addressed the Board. Marc Ulmer, an attorney repre-
senting several of the businesses at the west end of
Marathon, addressed the Board. William DeVane, representing
the Greater Marathon Chamber of Commerce, also addressed the
Board and presented a Resolution adopted by the Chamber con-
cerning this matter. Roll call vote was unanimous.
RESOLUTION NO. 233-1986
See Res. Book No. 51 which is incorporated herein by
reference.
SOUNDING BOARD FOR PUBLIC INPUT
Mr. Rick Watson of CCA addressed the Board con-
cerning the privatization of the Jail Facilities. He
advised the Board of the meeting with the negotiating team
on July 24th and informed the Board that they would present
a proposed contract at the August 8th meeting. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Freeman to direct the County Attorney to proceed with the
required public notices for an Ordinance concerning the pri-
vatization of the Jail. Motion carried unanimously with
Commissioner Swift absent from the meeting.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to request the Sheriff and
Post, Buckley, Schuh & Jernigan to provide estimates of the
cost of construction and staffing for the purpose of opening
the third floor of the Jail. Motion carried unanimously
with Commissioner Swift absent from the meeting.
The Board then proceeded to discuss the selection
of Airport Consultants for FAA Part 150 Noise Studies at Key
West International and Marathon Airports. The first firm to
make a presentation to the Board was Brownell, Rebu11 &
Rebu11/Aviation Planning Associates. The second firm to
make a presentation was Post, Buckley, Schuh & Jernigan,
Inc. The Board then proceeded to vote to rank the firms for
the selection of a firm to begin contract negotations. The
Clerk advised the Board of the results of the tabulation and
informed them that the firm of Brownell, Rebull &
Rebull/Aviation Planning Associates received four votes and
Post, Buckley, Schuh & Jernigan, Inc. received eight votes,
with the lowest point total going to the selected firm.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to authorize Staff to negotiate with
I
GG 031
Brownell, Rebul1 & Rebul1/Aviation Planning Associates for a
contract for the FAA Part 150 Noist Studies at Key West
International and Marathon Airports. Motion carried unani-
mously with Commissioner Swift absent from the meeting.
MUNICIPAL SERVICE TAXING DISTRICT t1-C
The Clerk advised the Board that EMS Director Paros
had requested that the matter of bids for a Quick Attack
Pumper be postponed until the next meeting so that he could
have additional time to study the bids. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
postpone the matter of bids for a Quick Attack Pumper for
Municipal Service Taxing District t1-C until the next
meeting. Motion carried unanimously with Commissioner Swift
absent from the meeting.
COUNTY ATTORNEY
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to grant permission to the Legal
Department to advertise for Public Hearing a proposed
Ordinance, pursuant to F.S. 125.0108, creating a Tourist
Impact Tax within those areas of Monroe County designated as
Areas of Critical State Concern except the City of Key West;
levying the tax at the rate of one percent upon the con-
sideration for certain short-term leases or rentals of
accommodations; sales of food or beverages at certain public
food service establishments; and sales or receipt of value
for certain admissions; providing for procedures for collec-
tion; providing for distribution of revenues so raised; pro-
viding for penalties; providing for severability; providing
for the repeal of all Ordinances or parts of Ordinancs in
conflict with this Ordinance; providing for inclusion in the
Code of Ordinances of Monroe County; and providing for an
effective date of January 1, 1987, if the Ordinance is
approved by the electors at the General Election held on
November 4, 1986. Motion carried unanimously with
Commissioner Swift absent from the meeting.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to adopt the following Resolution
directing the Supervisor of Elections to place a referendum
proposition concerning the "4/5 Rule" on the ballot for the
November 4, 1986 General Election.
RESOLUTION NO. 234-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Roll call vote was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
Yes
Yes
No
Yes
--
Motion carried with Commissioner Swift absent from the
meeting.
COMMISSIONERS' ITEMS
Mr. John Adams addressed the Board concerning a
committee to study a charter form of government. The Board
took the matter under consideration. There was no further
action.
GG
032
COUNTY CLERK
Danny Ko1hage, Clerk, addressed the Board and sub-
mitted the Tentative Budget for Fiscal Year 1986-1987. See
information attached.
COMMISSIONERS' ITEMS
Commissioner Stormont discussed Harry Harris Park
and the public participation in the recreation program which
is currently taking place.
Commissioner Stormont discussed the illegal dumping
at Hibiscus Park and illegal dumping generally in The Keys.
He discussed the need for one -Free Day" per month for
dumping to eliminate this problem. Commissioner Stormont
also discussed a sway-car program. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman
directing the Municipal Services District Director and the
Public Works Director to develop a budget for a traveling
sway-car program to include the cost of disposal of the
waste. Motion carried unanimously with Commissioner Swift
absent from the meeting. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman directing the
Municipal Services District Director, at his discretion, to
provide for one "Free Day" per month at all the dump sites.
Motion carried unanimously with Commissioner Swift absent
from the meeting.
Commissioner Swift was to have discussed the Land
Use Plan. This matter was deferred since he was not present
at the meeting.
Mayor Harvey discussed a program to install
floating moorings for boat anchorages at coral reefs in
order to protect the reefs. This matter was referred to
Staff for possible funding from the Boating Improvement
Program.
PUBLIC HEARINGS
A Public Hearing was held on a proposed Ordinance
amending Section 19-216.3(A) of the Monroe County Code in
order to allow the sale of animal feed in BU-l-O Districts;
providing for severability; providing for inclusion in the
Monroe County Code; providing for the repeal of all
Ordinances or parts of Ordinances in conflict with this
Ordinance; and providing for an effective date. Proof of
publication was entered into the record. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to read by title only. Motion carried unanimously with
Commissioner Swift absent from the meeting. There was no
public input. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to adopt the following
Ordinance. Motion carried unanimously with Commissioner
Swift absent from the meeting.
ORDINANCE NO. 023-1986
See Ord. Book No. 11 which is incorporated herein by
reference.
COMMISSIONERS' ITEMS
Mayor Harvey's request to discuss a reconsideration
of the Florida Bay Resort was postponed until the next
meeting.
I
I
Gu-- 033
There being no further business, the meeting was
adjourned.
*
*
*
*
*
"
--