08/08/1986 Regular
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Regular Meeting
Board of County Commissioners
Friday, August 8, 1986
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 8:30 a.m. on the above date
in Courtroom B at the Courthouse, Key West. 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, Assistant County Administrator;
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 add-ons for the
Agenda. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve the following items by
unanimous consent:
BULK APPROVALS
Board adopted the following Resolution concerning receipt of
unanticipated funds.
RESOLUTION NO. 235-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURE EXPENDITURES
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard
Hellman, Ph.D., in the amount of $440.00; Tanju T. Mishara,
Ph.D., in the amount of $250.00.
COURT-APPOINTED ATTORNEYS, Karl Beckmeyer, in the
amount of $411.89; Roberta S. Fine, in the amount of
$540.96; Jeffrey B. Meyer, in the amount of $668.75; W. S.
Smallwood, in the amount of $19.95.
OTHER EXPENSES AND COSTS, Louis J. Spallone, Clerk,
in the amount of $100.00:--
L. E. E. A., William A. Freeman, Jr., in the amount
of $6,262.52.
COURT REPORTER SERVICES, Adept Court Reporting
Service, in the amount of $352.00; Associated Court
Reporters, in the amount of $130.00; Florida Keys Reporting,
in the amount of $80.00; Marc Nichols & Associates, Inc., in
the amount of $154.00; Terry Moran, in the amount of
$594.70; Norman Robbin, C.S.R., in the amount of $88.60.
COURT INTERPRETER SERVICES, Irma Lopez de Pugh, in
the amount of $25.00; Elizabeth Diaz, in the amount of
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$65.00; Manuel J. Marcial, in the amount of $25.00; Charles
Parra, in the amount of $55.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $805.35.
EXPERT WITNESS FEES, Robert M. Berland, Ph.D., in
the amount of $167.00; Lloyd Richard Miller, M.D., in the
amount of $180.00.
Board approved the following Warrants:
WARRANTS
GENERAL REVENUE FUND, Barnett Bank - FRS, 1155, in
the amount of $98,867.01.
GENERAL REVENUE FUND, Marathon Bank, #62, in the
amount of $2,266.26.
GENERAL REVENUE FUND, First American Bank, #62, in
the amount of $4,988.82.
SUPPLEMENT TO GENERAL REVENUE FUND, 1225-'227, in
the amount of $81,17~13. ----
FINE & FORFEITURE FUND, '505, in the amount of
$64,591.1r- -
AIRPORT OPERATION & MAINTENANCE FUND, 1362-'363, in
the amount of $34,444.04. - ----
ROAD & BRIDGE FUND, '407-1408, in the amount of
$103,042.~ - ----
MSD TAX DISTRICT, 1340-1341, in the amount of
$123,801.99. ---
MSD, Marine Bank, Marathon, 1822-'824, in the
amount of-s!62,107.88.
LAW LIBRARY FUND, 1176-1177, in the amount of
$1,836.99:-- ----
CAPITAL PROJECTS FUND, 1156-1159, in the amount of
$75,192.08. ----
MONROE COUNTY GROUP INSURANCE, .141-'144, in the
amount of $162,330.57.
CARD SOUND BRIDGE FUND, .134-.135, in the amount of
$18,529.6g:-- ----
-
WORKMEN'S COMPENSATION, '1953-11967, in the amount
of $29,819.33.
TOURIST DEVELOPMENT COUNCIL, .268-#272, in the
amount of $306,224.80.
TRANSLATOR FUND, 1112-1115, in the amount of
$295,942.06. ----
CROSS KEY WATERWAY, '34, in the amount of $260.98.
FUND 716 SPECIAL TAX DISTRICT, PLANNING, BUILDING,
CODE ENFORCEMENT, #21-.22, in the amount of $108,255.02.
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Board approved the application of Neil Jeffrey Goldberg to
renew his license to carry a concealed weapon in Monroe
County.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Mr. and Mrs. Richard Biaz for the constructin of a 1600
square foot garage to be built below the lOa-Year Flood
Elevation - with electric but without plumbing - located on
the southwesterly 200 feet of Tract F, Plantation Beach, Old
Road, Plantation Key; Zoned RU-l; Coastal Flood Zone A-13.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Judy Ellen George for the placement of a mobile home
below the lOa-Year Flood Elevation and contiguous to the
surrounding mobile homes which are not elevated to the base
flood elevation on Lot 13, Block 5, Lake Surprise Estates,
Windley Road, Key Largo; Zoned RU-5; Coastal Flood Zone
V-16.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Arthur Mehr for the placement of a mobile home below the
lOa-Year Flood Elevation and contiguous to the surrounding
mobile homes which are not elevated to the base flood eleva-
tion on Lot 11, Block 2, Sherrill Park, Arbor Road, Key
Largo; Zoned RU-5; Coastal Flood Zone A-16.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Francis N. and Eva K. Spadaro for the placement of a
mobile home below the lOa-Year Flood Elevation and con-
tiguous to' the surrounding mobile homes which are not ele-
vated to the base flood elevation on Lot 7, Block 7, Key
Largo Mobile Home Sites, King Avenue, Key Largo; Zoned RU-5;
Coastal Flood Zone A-16.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Juan Suarez for the placement of a gasoline station
office with bathroom facilities - 359 square feet to be
built below the lOa-Year Flood Elevation - the mini-mart and
storage room will be built at the correct elevation and the
sheds and tool room are open buildings - on Lots 1, 2, 3 and
4, Block 2, Coco Plum Beach, US iI, MM 55, Fat Deer Key;
Zoned BU-2; Coastal Flood Zone A-13.
ITEMS FOR STAFF COMMENT
Building, Planning ~ Zoning
Board approved, per staff conditions and recommendations,
Application for Permit from F. L. Sheldon to place rip-rap
below MHW along a man-made canal and also to place two can-
tilevered marginal docks along portions of his canal shore-
line at Lot 4, Block 5, Key Haven, Raccoon Key; Section 26,
Township 67S, Range 25E; Zoned RU-l.
Board approved, per staff conditions and recommendations,
Application for Permit from James Love to place 25 cubic
yards of rip-rap below MHW, on an altered shoreline, at Lot
94 N~ of Fern Court, Sugarloaf Shores, Section F, Lower
Sugarloaf Key; Section 3, Township 67S, Range 27E; Zoned
RU-l.
Board approved, per staff conditions and recommendations,
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Application for Permit from E. W. Watterson to place rip-rap
below MHW along a man-made canal and also to place a canti-
levered dock along portions of his canal shoreline at Lot 5,
Block 5, Key Haven, Raccoon Key; Section 26, Township 67S,
Range 25E; Zoned RU-l.
Social Services
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute an Addendum to Subgrant
Agreement by and between the Board of County Commissioners
of Monroe County and The National Council on the Aging, Inc.
to amend that certain Subgrant Agreement entered into by and
between the aforesaid parties on June 20, 1986, concerning
the Senior Community Services Project.
RESOLUTION NO 236-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Extension Service
Board granted permission to advertise a Notice of Calling
for Bids concerning Boating Improvement Fund projects in
Layton Channel on Long Key and in Toppino Channel on
Summerland Key.
Emergency Services
Board accepted Staff's recommendation and awarded the bid
for one Quick Attack Pumper for Municipal Services Taxing
District l-C to American Eagle Fire Apparatus Co., Inc. in
the amount of $103,559.50 for their Primary Bid Proposal
and no inclusion of any optional equipment.
COUNTY ATTORNEY
Board granted permission to advertise for Public Hearing a
proposed Ordinance prohibiting certain conduct on public
property in Unincorporated Areas of Monroe County; amending
Chapter 13 of Monroe County Code by adding Section 13-8 pro-
hibiting sleeping on public beaches and parks; and by adding
Section 13-9 prohibiting consumption of alcoholic beverages
on public beaches and parks; providing for the waiving of
such prohibitions; providing for severability; providing for
the repeal of all Ordinances or parts of Ordinances in
conflict with this Ordinance; providing for inclusion in the
Code of Ordinances of Monroe County; and providing for an
effective date.
COUNTY CLERK
Board accepted, pursuant to Florida Statutes 932.704(5) the
report of the Monroe County Sheriff's Office relating to
forfeited vehicles and vessels and contraband articles for
the quarter ending June 30, 1986.
~
Board accepted from the Monroe County Sheriff's Office a
report of claims in excess of costs on forfeiture cases for
the quarter ending March 31, 1986, and a check in the amount
of $534.99 representing the amount of funds collected in
connection therewith.
Board approved the Bond of Frank Courtney, Jr. regarding his
appointment as a member of the Board of the Lower Florida
Keys Hospital District.
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COMMISSIONERS' ITEMS
Board authorized travel for all Board members to attend a
Beaches and Shores Restoration Conference to be held at
Captiva Island from September 23rd through September 26th.
Motion carried unanimously.
BULK APPROVAL
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve amendment of the Contract
between the Tourist Development Council and Keys Advertising
& Marketing to provide an annual increase but not to be
referenced as "a cost of living" increase and also to make
this approval subject to verification by the Clerk that it
does not exceed the 7% allocated for administrative ex-
penses under the Tourist Development Tax. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve Tourist Development Council
expenditures in the amount of $256,240.98, subject to final
invoice approval by the Finance Department. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve and authorize execution of
a Contract by and between Monroe County and Stuart Newman
Associates, Inc. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve and authorize execution of
a Contract by and between Monroe County and Tinsley
Advertising, Inc. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to approve the Trade Show Schedule and
Budget for the Fiscal Year 1986-1987, with a projected total
cost of $56,325.00, as follows:
Dates
10/20-10/21
10/23-10/27
11/5
11/2-11/7
11/4-11/6
11/9-11/12
11/12-11/13
12/9-12/13
1/11-1/16
1/11-1/16
1/31-2/2
1/23-1/25
1/31-2/3
2/7-2/9
2/20-2/26
3/4-3/6
3/16-3/21
3/19
3/26
4/13-4/15
5/12-5/15
6/5-6/9
7/31-8/4
8/23-8/24
?
?
?
Place
Chicago; Milwaukee
NW & NE Regions
Tupperware Convention Center
Philadelphia
New York; Washington, D.C.
Jacksonville
Fort Lauderdale, Tampa
Canada
Atlanta
Chicago
Fort Myers
Orlando
Orlando
St. Petersburg
Miami
Norfolk, Richmond, Arlington
New York
Palm Beach
Pittsburgh
Tallahassee
Washington, D.C.
Miami
Tampa
St. Petersburg
Indianapolis Sports Show
United Airlines Trade Fair
World Travel Mart
<'.
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Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Swift to approve, subject to con-
firmation by the Building Department of the legitimacy of
the present enclosure, the Application for Variance to the
Flood Hazard Ordinance of Nick o. Kumjian for the placement
of a 520-square foot garage below the 100-Year Flood
Elevation (break-away construction, no electric or plumbing>
under the existing residence at Lot 21, Block 10, Sexton
Cove Estates, Sexton Cove Road, Key Largo; Zoned RU-5;
Coastal Flood Zone V-16. Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Engineering
Bob Harris of Post, Buckley, Schuh
discussed the bids for Roadway Improvements
Roads IV project and advised the Commission
bids that were received:
& Jernigan
for the Key Vaca
of the following
General Asphalt Co., Inc.
4850 N.W. 72nd Avenue
Miami, Florida 33166
$25,544.00
The Brewer Co. of Florida
9801 N.W. 106th Street
Miami, Florida 33178
$30,189.50
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to accept the recommendation of Staff
and award the bid for Roadway Improvements for Key Vaca
Roads IV Project to the low bidder, General Asphalt Co.,
Inc., in the amount of $25,544.00. Motion carried unani-
mously.
Bob Harris then discussed the bids received for
Roadway Improvements for Middle Keys Roads I project as
follows:
General Asphalt Co., Inc.
4850 N.W. 72nd Avenue
Miami, Florida 33166
$92,279.00
The Brewer Co. of Florida
9801 N.W. 106th Street
Miami, Florida 33178
$118,690.00
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to accept the recommendation of Staff
and award the bid for the Middle Keys Roads I Project to the
low bidder, General Asphalt Co., Inc., in the amount of
$92,279.00. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to add Calle de Luna Road to the
Middle Keys Roads I Contract at approximately $3,500.00, to
be paid from the local option 4~ Gasoline Tax, at the recom-
mendation of the Public Works Director. Motion carried una-
nimously.
Mr. Harris made a report concerning the bids for
installation of the Emergency Generator at the Jackson
Square Complex. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to reject the bids and
refer the matter back to the County Engineering Staff and
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Public Works Director to develop alternatives for con-
sideration by the Board. Motion carried unanimously.
Mr. Harris and Harry F. Knight, Tax Collector,
addressed the Board concerning a proposed change order for
Plantation Key Government Center. Motion was made by
Commissioner Fahrer and seconded by Commissioner Stormont to
approve the following contract modifications regarding the
Plantation Key Government Center:
Item 16 Windows: Install windows as
originally designed in the Tax Collector/
Property Appraiser's Office.
$ 3,600.00
Item f8 Acoustical Ceilings: Install
aluminum clad as originally designed.
$ 2,079.00
Item #12: Install oak doors as
originally designed in the Tax
Collector/Property Appraiser's Office.
Item 114: Install carpet in Tax
Collector/Property Appraiser's Office
as originally designed.
Install lightning arrestors,
cabling and grounding.
$
225.00
$
450.00
$ 2,638.00
Provide dedication plaque similar
to that at Monroe County Justice
Building.
$
800.00
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to approve the following
contract modifications regarding the Plantation Key
Government Center:
Add 23.5 KVA Gas Generator (self-
contained) at Tax Collector/Property
Appraiser's Office with a 100 amp
transfer switch and above-ground
mounting pad. This is required due
to the inability of the existing
37.5 KVA generator to handle addi-
tional loads.
$14,900.00
Deduct excavation and electrical
hook-up from Tax COllector/Property
Appraiser's Office to existing
generator.
$(4,300.00)
Add floor boxes for existing elec-
trical run under floor in storage
001 at Supervisor of Election's
enclosures to maintain two existing
circuit runs (discovered after
construction commenced).
$
120.00
Insulate exterior walls to R-3 at
8-foot height due to results of
revised energy calculations
(window types were changed).
No Charge
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GG:
Relocate a hose bibb for maintenance
of the landscaped atrium at Super-
visor of Elections enclosure (includes
overtime necessitated by limited
available working hours).
$
600.00
Additional overtime for contractor's
employees working weekends due to
Judiciary verbal stop work order on
several occasions.
$
297.30
Re-work foundation at Pad E-l due
to soft soil conditions which were
encountered.
$ 1,200.00
Add 70 L.F. of French Drain in
lieu of 2 drainage wells due to
F.D.E.R.'s denial of well permit.
Deduct 2 drainage wells per F.D.E.R.
$14,000.00
$(7,000.00)
Percolation test for septic tank
drainfield as requested by H.R.S.
(performed by Hewett-Kier's sub-
contractor).
$
150.00
Tie Supervisor of Elections'
computer system to existing
generator utilizing the 100 amp
transfer switch originally to be
provided by the Contractor for
the Tax Collector/property
Appraiser's Office.
$ 3,852.64
Motion carried unanimously.
Mr. Knight briefly discussed the Emergency
Generator Project.
Planning, Building ~ Zoning
Charles Pattison, Director, discussed his Budget
Request for 1986-1987.
Mr. Pattison discussed the Plantation Point Plat
and requested that that item be heard at 4:00 p.m. Motion
was made by Commissioner Swift and seconded by Commissioner
Fahrer to add a consideration of the Plantation Point Plat
to the Agenda at a time certain of 4:00 p.m. Motion carried
unanimously.
Director Pattison advised the Board that based upon
examination by the Biologists, the work at Boca Chica Road
would require Federal and State permits in order to remove
the roadbed.
Mr. Pattison discussed the Evaluation Committee's
work on the Computer Bids. The Clerk advised the Board that
he was in receipt of a bid from Computers For Business
International, Inc. which was received after the cut-off
time for filing of bids. Motion was made by Commissioner
Swift and seconded by Commissioner Fahrer to waive the irre-
gularity and direct the Clerk to open the bid from Computers
For Business International, Inc. Motion carried unani-
mously. Mr. Managan, Assistant County Administrator,
addressed the Board concerning an inquiry from
Hewlett-Packard, who had indicated that the Notice Of Call
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For Bids was sent to an incorrect address.
Mr. Pattison advised the Board that the report on
the Port Bougainville matter was not ready at this time.
Director Pattison then discussed the Board's pre-
vious authorization to approve an additional $70,000.00 for
cost overruns under the Board's previous contract with
Charles Siemon, consultant for the Land Use Plan. The Board
had previously authorized the payment of $20,000.00 out of
the current fiscal year, with an additional $50,000.00 to
come from next fiscal year. Mr. Pattison advised the Board
that it was possible for him to disburse the remaining
$50,000.00 out of funds available in the current year.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to authorize the payment of $50,000.00
to Charles Siemon out of the current fiscal year's budget of
the Building, Planning & Zoning Department. Roll call vote
was unanimous.
Mr. Pattison discussed the new contract with Mr.
Siemon, with the funding to be received from the State of
Florida. He advised the Board that he would present a Grant
Agreement to the Board on August 22nd.
Mr. Siemon discussed the current Code and the
changes to the Code which would be required by the Land Use
Plan. He presented a title for a recommended advertisement
for the adoption of an Ordinance to effect those changes.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Stormont to authorize the advertisement of an
Ordinance to implement the changes to the current County
Code as a result of the Land Use Plan, correcting the title
to read "Repealing and/or Amending," and requiring that
copies of the repealed and amended sections be distributed
to the County Libraries along with the proposed Ordinance.
Motion carried unanimously.
Mr. Pattison then discussed the implementation of
the Rule relative to the adoption of the Land Use Plan and
indicated that the effective date would probably be between
September 10th and September 20th. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
adopt the following amended Resolution changing the effec-
tive date of the Land Use Plan from August 15th to the Cer-
tification of the Rule approving the Plan by the State of
Florida. Motion carried unanimously.
RESOLUTION NO. 237-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman adopting the following Resolution
establishing that two weeks prior to the date of the
Certification of the Rule adopting the Land Use Plan, the
Building Department is authorized to defer permitting for a
period of two weeks; then for a period of two weeks
following the adoption of the Land Use Plan, permits would
be accepted from licensed contractors only; authorizing the
advertisement of this procedure in all newspapers; sending
notices to contractors; and also authorizing Director
Pattison to conduct public meetings to explain the proce-
dure. Roll call vote was unanimous.
RESOLUTION NO. 238-1986
See Res. Book No. 51 which is incorporated herein by
reference.
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057
Mr. Al Damron addressed the Board concerning the
adoption of the Plan relative to pending appeals.
-
Board discussion ensued concerning the status of
the Land Use Plan. Motion was made by Commissioner Swift
and seconded by Commissioner Freeman to authorize the adver-
tisement of an Ordinance to approve the Land Use Plan on a
date which will be the date of the Certification of the Rule
adopting the Plan by the State of Florida. Mr. Gene Lytton
addressed the Board concerning this motion. Roll call vote
was taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Commissioner Swift
Mayor Harvey
No
Yes
No
Yes
Yes
Motion carried.
Director Pattison then addressed the Board con-
cerning the operation of the Plan as it pertains to pending
variances and appeals. Motion was made by Commissioner
Stormont to accept the recommendation of Mr. Pattison, whose
interpretation of the Plan was that the date of the
Certification of the Rule adopting the Plan by the State of
Florida will control the status of pending variances and
appeals and that following that date, any pending variances
and appeals will be considered under the Vested Rights
Procedure outlined in the Plan. Motion died for lack of a
second. Motion was then made by Commissioner Fahrer and
seconded by Commissioner Freeman to table further con-
sideration of this matter. Roll call vote was unanimous.
SOUNDING BOARD FOR PUBLIC INPUT
Mrs. Tommy Harper, Realtor, addressed the Board
and submitted a report and counter-offer from the owners of
the property at the corner of Whitehead and Southard
Streets. This counter-offer reflected a purchase price of
$923,600.00. Motion was made by Commissioner Swift and
seconded by Commissioner Freeeman to accept the counter-
offer at a purchase price of $923,600.00 for the property at
the corner of Whitehead and Southard Streets, with the con-
dition that fifty percent of the purchase price be paid at
closing <approximately November of 1986) and the balance in
November of 1987, from Fiscal Years 1986-1987 and 1987-1988.
Roll call vote was unanimous.
The Board discussed proposed leases with Sunset
Watersports, Inc. and Tropical Sailboats, Inc. Commissioner
Swift requested that the leases provide that copies of sales
tax records and a certified public accountant's certified
report of sales be included as a requirement under the
lease. Commissioner Swift also objected to the options pro-
vision in the lease. He recommended that at the end of a
five-year period, the monthly minimum payment be increased
to $600.00 per month. Motion was made by Commissioner Swift
and seconded by Commissioner Freeman to accept the modifica-
tions as recommended by Commissioner Swift and to adopt the
following Resolution authorizing the Mayor and Chairman of
the Board of County Commissioners to execute a Lease and an
Addendum to said Lease by and between the Board of County
Commissioners of Monroe County and Sunset Watersports, Inc.
concerning the leasing of a portion of the existing pier at
Clarence S. Higgs Memorial Beach. Roll call vote was unani-
mous.
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RESOLUTION NO. 239-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Motion was then made by Commissioner Swift and seconded by
Commissioner Freeman to approve the same modifications
recommended on the lease with Sunset Watersports, Inc.~ also
to include the ability of the County to require the reloca-
tion of the "stand" referred to in the Lease~ and to adopt
the following Resolution authorizing the Mayor and Chairman
of the Board of County Commissioners to execute a Lease and
an Addendum to said Lease by and between the Board of County
Commissioners of Monroe County and Tropical Sailboats, Inc.
concerning the leasing of a portion of Clarence S. Higgs
Memorial Beach. Motion carried unanimously.
RESOLUTION NO. 240-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Mrs. Tommy Harper, representing the owners of the
property at the corner of Whitehead and Southard Streets,
advised the Board that the owners had accepted the offer for
the purchase of said land by the Monroe County Board of
County Commissioners.
Mr. Parvan Bakardjiev, Director of the Monroe
County Fine Arts Council, addressed the Board and requested
an additional $10,000.00 of County funding for the purpose
of funding the administrative office of the Fine Arts
Council. Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to authorize $5,000.00 from
Contingency for an additional appropriation for the admin-
istrative budget of the Monroe County Fine Arts Council.
Roll call vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Swift directing the County
Administrator to proceed to recover the "short falls" as
indicated in the County Budget as necessary. Motion carried
unanimously.
John and Ruby Dutton addressed the Board concerning
a zoning matter. The Duttons submitted a written statement
to the Board.
Mary Jo Decker of the Big Pine Athletic Association
addressed the Board and requested that the County close the
area of Key Deer Boulevard for a road race on September 27,
1986 between 8:00 a.m. and 10:00 a.m. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
approve the request with the necessary insurance coverages
naming the County as co-insured and the execution of a hold
harmless agreement. Motion carried unanimously.
Mr. Charles Valois, developer of Ocean Reef Shores,
addressed the Board concerning the escrow of five lots
placed for bond against the construction of the roads in the
subdivision. This matter was referred to Staff. Mr. Valois
also discussed a pending "red tag" on one of his lots. This
matter was deferred until later in the day.
COMMISSIONERS' ITEMS
Jeff Fisher, Director of Extension Service, made a
report on the status of the Simonton Street Project. Mr.
Randy Sterling of the City Parks Department addressed the
I
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059
Board concerning this project. Motion was made by
Commissioner Fahrer and seconded by Commissioner Swift to
approve and authorize the Call For Bids on the Simonton
Street Project and extend congratulations to the Committee
for their work. Motion carried unanimously.
The Board recessed for lunch.
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The Board reconvened with all Commissioners pre-
sent.
COUNTY ADMINISTRATOR
Paula Rodriguez, Administrative Services
Coordinator, addressed the Board concerning a .Wellness
Program" and discussed two proposals received from DePoo
Hospital and Florida Keys Memorial Hospital. Motion was
made by Commissioner Fahrer and seconded by Commissioner
Freeman to accept the lowest proposal from DePoo Hospital.
Roll call vote was unanimous with Commissioner Swift absent
from the meeting.
ITEMS FOR STAFF COMMENT
Airport
Mr. Jimmy Goff of Post, Buckley, Schuh & Jernigan
conducted a review of the Key West International Airport
Master Plan Up-date. After the presentation, motion was
made by Commissioner Swift and seconded by Commissioner
Freeman to set the Final Hearing on the Master Plan Up-date
for November 7, 1986. Motion carried unanimously.
Building, Planning ~ Zoning
Mr. Julio Cabanas, Jr. addressed the Board con-
cerning the Application for Variance to the Flood Hazard
Ordinance of Mr. and Mrs. Ricardo Millian for the placement
of a 12 x 32 addition (removing existing old trailer) below
the lOO-Year Flood Elevation at the property known as Lot 4,
Block F, Lincoln Gardens, t2, Cross Street, Stock Island;
Zoned RU-5; Coastal Flood Zone A-IO. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
approve the Application for Variance on the basis of the
improved safety which would be obtained by replacing a
trailer with a concrete block structure. 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.
COUNTY ATTORNEY
Lucien Proby, County Attorney, discussed the pro-
posed contract and negotiations with Corrections Corporation
of America concerning the operation of the County Jail. Mr.
Tom Beasely of CCA addressed the Board. Sheriff Freeman
also addressed the Board concerning the proposed contract.
GG . 060
No action was taken.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve, per staff conditions and
recommendations and subject to the applicant obtaining all
necessary permits, the Application For Permit from Peter
Abrahamsen for the construction of a proposed seawall at Lot
13, Block 20, Jolly Roger Estates, Little Torch Key; Section
33, Township 66S, Range 29E; Zoned RU-l. 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.
PUBLIC HEARINGS
A Public Hearing was held concerning the closing of
State Road 4A(39A), a part of Old Boca Chica Road. Proof of
publication was entered into the record. Motion was made by
Commissioner Swift and seconded by Commissioner Fahrer to
authorize a survey to be conducted of an approximation of
the beach area adjacent to Old Boca Chica Road, said survey
to be done by the Public Works Department. During
discussion, the motion was withdrawn. Motion was then made
by Commissioner Stormont and seconded by Commissioner Fahrer
to retain the barriers at their present location on Boca
Chica Road, post signs concerning the hazardous conditions
of the road, to prohibit vehicular traffic beyond the
barriers, and to adopt the following Resolution. Roll call
vote was unanimous.
RESOLUTION NO. 241-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Motion was made by Mayor Harvey and seconded by Commissioner
Stormont to authorize the repair of Old Boca Chica Road when
money becomes available and only through the habitable area
of the road and in accordance with the adopted criteria on
the prioritizing of County road projects. Roll call vote
was unanimous with Commissioner Swift not present. The
following individuals addressed the Board concerning this
matter: Jack Wedge, Joan Sears, Jeannie Stafford, and Mr.
Blazevick. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to reaffirm the Board's
prior decision in denying the abandonment of the road. Roll
call vote was unanimous with Commissioner Stormont absent
from the meeting.
A Public Hearing was then held on a proposed
Ordinance extending the First, Second, Third, Fourth, Fifth
and Sixth Cent Gas Tax terms; providing for collection; pro-
viding for apportionment of the revenues between Monroe
County and the three municipalities therein; providing for
the purposes for which the funds may be expended; providing
for severability; 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
GG
061
entered into the record. Motion was made by Commissioner
Swift and seconded by Commissioner Fahrer to read by title
only. Motion carried unanimously. There was no public par-
ticipation. Motion was made by Commissioner Swift and
seconded by Commissioner Freeman to adopt the following
Ordinance. Roll call vote was unanimous with Commissioner
Stormont not present.
~,"-
ORDINANCE NO. 024-1986
See Ord. Book No. 12 which is incorporated herein by
reference.
A Public Hearing was then held on a proposed
Ordinance relating to control of animals within Monroe
County; repealing certain Ordinances currently in force;
providing the authority and purpose of the Ordinance; pro-
viding definitions; providing for the construction and main-
tenance of animal pounds and fees for impounded animals;
requiring the vaccination of dogs and cats; requiring the
licensing of dogs and cats; providing for license fees; pro-
viding for collection and use of revenues in connection with
licensing; providing certain discounts for licensing; prohi-
biting animals at large from public and private property;
providing for control of fierce, dangerous and vicious ani-
mals; prohibiting animals which constitute nuisances; pro-
viding for confinement of female dogs and cats in heat;
providing for curbing of dogs; providing for disposal of
impounded animals and animals which constitute a nuisance;
requiring confinement of fierce, dangerous and vicious ani-
mals; providing for seizure of animals by private property
owners and tenants; providing for impoundment and disposal
of animals delivered to the Department of Animal Control;
prohibiting luring, enticing, seizing, molesting or teasing
animals; providing for enforcement of the Ordinance; pro-
viding for fines for violation of the Ordinance; prohibiting
interference with the enforcement of this Ordinance; pro-
viding for quarantine of certain animals; providing for
impoundment and treatment of sick and injured animals; pro-
viding for disposal of dead animals; providing for rules and
regulations under the Ordinance; providing for construction
of Ordinance provisions; providing for area of enforcement;
providing for severability; repealing all Ordinances or
parts of Ordinances in conflict herewith to the extent of
said conflict; providing for inclusion in Monroe County Code
of Ordinances; and providing an effective date. Proof of
publication was entered into the record. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
read by title only. Motion carried unanimously. Carol
Cash, President of Friends of Animals, addressed the Board
concerning the proposed Ordinance. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
add a minimium ten-foot length to any tether being using as
a restraint and also to provide that leashes may not be
longer than twenty feet. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to amend Paragraph Q to provide "for
thirty days or more". Motion carried unanimously. Motion
was then made by Commissioner Fahrer and seconded by
Commissioner Stormont to change "reasonable period of time"
on Page 10 to "not less than five days". Motion carried
unanimously. Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to insert the word
"adoption" in lieu of the word "sale" at the bottom of Page
10. Motion carried unanimoUSly. Motion was made by
Commissioner Stormont and seconded by Commissioner Fahrer to
insert the word "and" in lieu of the word "or" in the first
line of Section 17 on Page 17 and to insert the words "or
GG" 06~
have been neutered or spayed" after the word "younger" in
the second line of said Section 17 on Page 17. Motion
carried unanimously. Motion was then made by Commissioner
Swift and seconded by Commissioner Freeman to continue to
the next Public Hearing. Motion carried unanimously.
SOUND BOARD FOR PUBLIC INPUT
The Board discussed a Fill Permit for Charles
Valois. Motion was made by Commissioner Stormont to direct
Mr. Valois to file an "after-the-fact" Permit Application.
Motion died for lack of a second. Motion was made by
Commissioner Swift and seconded by Commissioner Freeman to
approve the Permit Application of Charles Valois contingent
upon the approval of the Building, Planning & Zoning
Department and compliance with all of the conditions placed
on it by the Building, Planning & Zoning Department and
based upon the existence of a proper application. Motion
carried unanimously.
COUNTY ADMINISTRATOR
Commissioner Swift discussed Code Enforcement. Mr.
Stacer, Code Enforcement Officer, addressed the Board con-
cerning the activities of the Code Enforcement Board. Jose
Gonzalez, Vice-Chairman of the Code Enforcement Board,
addressed the Board. Frank Greenman also addressed the
Board. No further action was taken.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Charles Pattison, Director, discussed the Planter's
Point Subdivision Plat. This matter was deferred until
later in the date.
Municipal Service District
Charles Aguero, Director, requested authority to
put the Garbage Franchisees on notice concerning the viola-
tion of the Franchise Agreements outlined in the recent
audit reports. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to authorize Mr. Aguero to
put the Garbage Franchisees on notice of violation of the
Franchise Agreements in accordance with the recent audit
reports. Roll call vote was unanimous.
Emergency Services
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve the request of Municipal
Services Taxing District No. 6 to place requests for equip-
ment referendum elections on the November ballot. 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.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to approve the implementation of an
E911/SALI Emergency Telephone System for the Middle Florida
GG 063
Keys for Fiscal Year 1986-1987. Roll call vote was unani-
mous. Motion was then made by Commissioner Stormont and
seconded by Commissioner Swift authorizing the advertisement
of an Ordinance for Public Hearing regarding E911/SALI.
Motion carried unanimously.
Motion was made by Commissioner Swift to make the
EMS Study a County-wide study and fund from General Revenue.
During discussion, the motion was withdrawn. Motion was
then made by Commissioner Stormont and seconded by
Commissioner Swift to fund the EMS Study from the
Contingencies in Special Districts in Fiscal Year 1986-1987.
Roll call vote was unanimous.
COUNTY CLERK
Danny Kolhage, Clerk, presented the Tentative
Budget for Fiscal Year 1986-1987, together with the millages
to be tentatively certified to the Property Appraiser,
according to the attached sheets.
During discussion of the Tentative Budget, motion
was made by Mayor Harvey and seconded by Commissioner Swift
to add $5,000.00 to the General Fund as an appropriation for
"Help-Line". Roll call vote was unanimous.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve the Tentative Budget and
authorize certification of the tentative millages to the
Property Appraiser as shown on the attached sheets. Roll
call vote was unanimous.
Commissioner Stormont discussed insurance
increases. Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer directing the personnel/
Insurance Department to investigate the possibility of
savings through self-insurance for liabilitY1 and also
requesting that they review alternatives in the Group
Insurance Fund concerning increasing the Deductible from
$100.00 to $200.001 increasing the co-payment from 80% of
$2,500.00 to 80% of $5,000.001 and a fourth option which
would reduce the "per employee" rate between $128.00 to
$135.00 per employee. Motion carried unanimously. During
discussion, Mayor Feiner and Russ Radom addressed the Board
concerning insurance costs. Motion was made by Commissioner
Fahrer and seconded by Commissioner Freeman to appoint Mayor
Feiner, Russ Radom, Reggie Paros, Paula Rodriguez and
Commissioner Stormont to a committee to investigate the
possibility of using an insurance brokerage firm to place
insurance coverages at savings to the County. Motion
carried unanimously.
The Board also discussed a possible "across-the-
board" percentage decrease in County Budgets. No action was
taken.
The Board recessed.
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MUNICIPAL SERVICES TAXING DISTRICT NO. 2
--
BOARD OF GOVERNORS
A Regular Meeting of the Board of Governors of
Municipal Services Taxing District No. 2 convened. Present
.......-
064
GG
and answering to roll call were Alison Fahrer, Samuel
"Mickey" Feiner, William Freeman, Russell Radom, and
Wilhelmina Harvey.
Danny L. Kolhage, Clerk, presented the Tentative
Budget and tentative proposed millage for District No.2.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to approve the Tentative Budget and
certify the tentative millage to the Property Appraiser in
accordance with the attached sheets. Roll call vote was
unanimous.
There being no further business, the meeting of the
Board of Governors of District No. 2 adjourned.
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The Board of County Commissioners reconvened with
all Commissioners present.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to authorize the advertisement for
Public Hearing of a proposed Ordinance amending the Special
Districts to provide for funding of the Fire Marshall in the
Unincorporated Area Special District. Motion carried unani-
mously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Swift to authorize the advertisement for
Public Hearing of a proposed Ordinance amending the Special
Districts Ordinance to provide for the Unincorporated Area
Parks and Recreation District in the Unincorporated Area
Special District. Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to adopt the following Resolution
approving the Plat of Plantation Point for record. Motion
carried unanimously.
RESOLUTION NO. 242-1986
See Res. Book No. 51 which is incorporated herein by
reference.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve payment of an invoice to
Frank Keevan & Son, Inc. in the amount of $2,970.00 for
repairs to the Daybeacons in Tavernier Creek, Oceanside,
Monroe County. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve payment of an invoice to
Frank Keevan & Son, Inc. in the amount of $14,200.00 for
modifications of Daybeacons to mark the Lakes Passage
Waterway, Key West to Boca Grande, Florida Keys, Monroe
County. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve payment of an invoice to
The Reporter in the amount of $80.00 for publication in con-
nection with the completion of the Boating Improvement Fund
I
GGI-065
project for the Lakes Channel Markers modifications. Motion
carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve payment of an invoice to
The Florida Keys Keynoter in the amount of $33.00 for publi-
cation in connection with the completion of the Boating
Improvement Fund Project for the Lakes Channel Markers modi-
fications. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commisisoner Freeman to approve payment of an invoice to
The Key West Citizen in the amount of $62.02 for publication
in connection with the completion of the Boating Improvement
Fund Project for the Lakes Channel Markers mdifications.
Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve the issuance of a
Certificate of Public Convenience and Necessity for
Tavernier Volunteer Fire Department and Ambulance Corps,
Inc. and the Sugarloaf Volunteer Fire Department, Inc.
Motion carried unanimously.
Assistant County Administrator Managan advised the
Board of a notice of cancellation by Porter-Allen Insurance
Company of the insurance for the Card Sound Bridge due to
non-performance in replacing the fender system. Motion was
made by Commissioner Swift and seconded by Commissioner
Freeman directing the County Attorney to cancel the contract
between the Board and Coastal Structures, Inc. due to non-
performance and to begin negotiation with the next highest
bidder on the project. Motion carried unanimously.
Mr. Managan discussed proposals received for opera-
tion of the Snack Bar at the Public Service Building.
Motion was made by Commissioner Swift and seconded by
Commissioner Freeman to negotiate with TNT Hots, Inc. and to
prepare a contract to be brought back to the Board for
approval. Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Charles Pattison, Director, discussed a letter
received from Representative Allen dated July 31, 1986 con-
cerning funding which was requested by the Property
Appraiser to assist in reappraisal necessary due to the Land
Use Plan. Mr. Pattison advised the Board that he would
amend the Budget for State Assistance Funding to include
this item in the Budget.
COUNTY ATTORNEY
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve payment of a bill from
the law firm of Fly, Shuebruk, Gaguine, Boros and Braun in
the amount of $5,647.17 for services rendered in connection
with the Translator System. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to authorize County Attorney Proby
to travel to Washington, D.C. in connection with the filing
of the Board's cases with the FCC concerning the Translator
System. Motion carried unanimously.
I
GG:-066
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to approve a bill from Stevens &
Lyon in the amount of $366.27. Motion carried unanimously.
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to authorize annual leave for County
Attorney Proby from September 22nd through October 6th.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to authorize the Safety Department
to lease an automobile from Duncan Ford in the amount of
$250.90 per month, subject to confirmation by the County
Administrator of the details concerning the Lease. Roll
call vote was unanimous.
COUNTY ATTORNEY
Motion was made by Commissioner Swift and seconded
by Commissioner Fahrer to adopt the following Resolution
authorizing the Chairman of the Board of County
Commissioners of Monroe County to execute an Employment
Agreement Amendment by and between the Board of County
Commissioners and Susan Vernon. Motion carried unanimously.
RESOLUTION NO. 243-1986
See Res. Book No. 51 which is incorporated herein by
reference.
COUNTY CLERK
Motion was made by Commissioner Swift and seconded
by Commissioner Freeman to refer the bids for Surplus
Property to the Clerk and Public Works Director for proper
disposition to the highest bidders and as required by law.
Motion carried unanimously.
COMMISSIONERS' ITEMS
A discussion concerning the Spiritual Assembly of
the Baha'is of Key West was deferred to the next meeting.
Commissioner Stormont discussed Single Member
Districts. Motion was made by Commissioner Swift and
seconded by Commissioner Fahrer to retain the present system
of electing five members running at large. Roll call vote
was unanimous.
Commissioner Swift read a letter he proposed to
send to the Gainesville Sun commending Representative Sid
Martin for his work on the Land Use Plan funding. Motion
was made by Commissioner Swift and seconded by Commissioner
Fahrer to approve the letter and adopting the following
Resolution commending The Honorable Sidney Martin for his
assistance in securing the monies and the funding which is
incorporated in House Bill 1405; recognizing the assistance
given this County by Sidney Martin in his vast efforts in
helping Monroe County with the monies necessary and needed
to further the new Land Use Plan; and requesting that a
copy of said Resolution be made a part of the record of the
Florida House of Representatives, 1986 Session, and
remitting the same to the Clerk for such procedure. Motion
carried unanimously.
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067
RESOLUTION NO. 244-1986
See Res. Book No. 51 which is incorporated herein by
reference.
Motion was made by Mayor Harvey to approve a re-
consideration of the Florida Bay Resorts project. During
discussion, the motion was withdrawn. Motion was then made
by Mayor Harvey and seconded by Commissioner Swift to
~ approve a Public Hearing to reconsider the Florida Bay
Resorts project at the October Board of Appeals meeting.
During discussion, this motion was withdrawn.
Commissioner Swift discussed communications with
GSA concerning bidding on the property directly behind the
Key West Courthouse to be utilized for parking. He indi-
cated that GSA was not receptive to that idea. Motion was
made by Commissioner Swift and seconded by Commissioner
Fahrer directing the County Administrator to obtain a list
of the bidders on the RDA Property and to send a packet of
information to each bidder concerning the County's desire to
purchase property immediately behind Jackson Square to be
used for parking. Motion carried unanimously.
There being no further business, the meeting was
adjourned.
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