08/22/1986 Regular
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071
Regular Meeting
Board of County Commissioners
Friday, August 22, 1986
Plantation Key
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 8:30 a.m. 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,
and Mayor Wilhelmina Harvey. Absent from the meeting was
Commissioner Edwin Swift. Also present were Danny L.
Kolhage, Clerk: Lucien Proby, County Attorney: Kermit Lewin,
County Administrator: Department Heads: County Staff: mem-
bers of the Press and Radio: and the general public.
All stood for the Invocation and the Pledge of
Allegiance to the Flag.
Charles Pattison, Director of Planning, Building &
Zoning, introduced Howard Tupper, the new Assistant Director
of the Planning Department.
The Board proceeded to discuss additions and
corrections to the Agenda. Motion was made by Commissioner
Fahrer and seconded by Commissioner Freeman to approve the
amendments to the Agenda. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve the following items by
unanimous consent:
Board authorized Tourist Development Council expenditures
in the amount of $5,205.00, subject to final approval of
invoices by the Finance Department.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Betty Anne Hammar for the placement of a mobile home
below the. 100-Year Flood Elevation and contiguous to the
surrounding mobile homes which are not elevated to the base
flood elevation on Lot 37, Bermuda Shores, Garden State
Lane, 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 William R. Lamb for the construction of a 1455 square
foot enclosure below the lOa-Year Flood Elevation for
storage at Lot 15, Block 8, Marion Park, Coco Plum Road
South, Key Largo: Zoned RU-l: Coastal Flood Zone A-16.
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Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Chuck Neely for the placement of a proposed garage below
the lOa-Year Flood Elevation at approximately 7' above mean
sea level on Lot 11, Block 2, Point Pleasant, Point Pleasant
Drive, Key Largo: Zoned RU-l: Coastal Flood Zone V-16.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Roland and Virginia Seckinger for the placement of a
mobile home below the laO-Year Flood Elevation and con-
tiguous to the surrounding mobile homes which are not ele-
vated to the base flood elevation on Lot 510, Silver Shores
Mobile Home Park, North Jade Drive, Key Largo: Zoned RU-5-P;
on
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Coastal Flood Zone V-2l.
Board approved, per staff conditions and recommendations,
the Application for Variance to the Flood Hazard Ordinance
of Toppino, Inc. for the enclosure of 1200 square feet under
office building under construction - for storage only - no
electric or plumbing - on Government Lot 7, Off U.S. #1,
unnamed street, Rockland Key: Zoned GU and BU-3-X: Coastal
Flood Zone A-lO.
Board approved, per staff conditions and recommendations,
the placement of a 4800 square foot building below the 100-
Year Base Flood Elevation for a storage warehouse on
Government Lot 7, Off U.S. 11, unnamed street, Rockland Key:
Zoned GU and BU-3-X: Coastal Flood Zone A-lO.
Board adopted the following Resolutions concerning receipt
of unanticipated funds for the year 1985-86.
RESOLUTION NO. 248-1986
RESOLUTION NO. 249-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Board adopted the following Resolution concerning receipt of
unanticipated funds for the year 1986.
RESOLUTION NO. 250-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning receipt
of unanticipated funds for the year 1986-87.
RESOLUTION NO. 251-1986
RESOLUTION NO. 252-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Board adopted the following Resolution transferring funds.
RESOLUTION NO. 253-1986
See Res. Book No. 52 which is "incorporated herein by
reference.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Board approved, per staff conditions and recommendations,
Application for Permit from William Kemp to place 80 cubic
yards of rip-rap and 255 cubic yards of backfill below Mean
High Water plus 52 cubic yards of rip-rap and 420 cubic
yards of backfill above Mean High Water on Lots 5 and 6,
Block 6, Key Haven Subdivision, Raccoon Key: Section 23,
Township 67S, Range 25E: Zoned RU-l.
Board approved, per staff conditions and recommendations,
Application for Permit from Veikko Tarkkanen to construct a
rip-rap revetment requiring the placement of 75 cubic yards
of rip-rap boulders, backfill, and portions of dock below
Mean High Water at Lot 19, Block 2, Key Haven, 10th
Addition, Raccoon Key: Section 26, Township 67S, Range 25E:
Zoned RU-l.
Board approved, per staff conditions and recommendations,
Application for Permit from Harold P. Rizika to construct a
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seawall, dock, boat ramp and placement of rip-rap boulders
below Mean High Water at Tract A, Rock Harbor, Key Largo:
Zoned RU-l.
Board approved, per staff conditions and recommendations,
the Application for Permit from Edwin Swift for 75 cubic
yards of rip-rap revetment with 57 cubic yards of backfill
behind this revetment below Mean High Water at Lot 18, Block
2, Key Haven, Raccoon Key: Section 26, Township 67S, Range
25E: Zoned RU-l.
Social Services
Board approved the annual renewal of Agreement for
Distribution and Use of Donated Commodities for the period
October 1, 1986 through September 30, 1987.
Board granted permission to Louis LaTorre, Executive
Director, to seek proposals for the construction of fifty
vaults in the City Cemetery for pauper burials.
Extension Service
Board granted permission to advertise a Notice of Calling
for Bids concerning the installation of warning daymarks to
mark selected reefs in National Marine Sanctuary, Key Largo.
COUNTY ADMINISTRATOR
Board adopted the following Resolution authorizing the Mayor
to execute, on behalf of the County, an Agreement with the
South Florida Employment and Training Consortium for the
reimbursement of certain expenses incurred by the County in
operating an Intergovernmental Liaison Office.
RESOLUTION NO. 254-1986
See Res. Book No. 52 which is incorporated herein by
reference.
COUNTY ATTORNEY
Board adopted the following Resolution authorizing the
Mayor/Chairman of the Board to execute a Cancellation of
Agreement by and between Scharf Land Development Company and
the County of Monroe, and the attached Quit-Claim Deed, in
connection with an Agreement entered into by the aforemen-
tioned parties dated December 8, 1970.
RESOLUTION NO. 255-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute an Interlocal Agreement
by and between the County of Monroe and the City of Key
Colony Beach concerning the optional six cent gas tax.
RESOLUTION NO. 256-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Board adopted the following Resolution requesting the
Supervisor of Elections to conduct a Special Referendum
Election on November 4, 1986 in Monroe County, Florida, for
Municipal Service Taxing Districts No. 1-0, 3, and 6.
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RESOLUTION NO. 257-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board to execute an Interlocal Agreement
by and between the County of Monroe and the City of Layton
concerning the distribution of the optional six cent gaso-
line tax.
RESOLUTION NO. 258-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing the Mayor
and Chairman of the Board of County Commissioners to execute
a Lease Agreement by and between the Florida Department of
Transportation and Monroe County for two passenger vans for
the Monroe County Transportation Program.
RESOLUTION NO. 259-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Board approved the following Warrants:
WARRANTS
GENERAL REVENUE FUND, 154260-'56024, in the amount
of $2,694,214.47.
SUPPLEMENT TO GENERAL REVENUE FUND, 1228, in the
amount of $3,598.10.
FINE & FORFEITURE FUND, 1506-'509, in the amount of
$925,783.go:- -
AIRPORT OPERATION & MAINTENANCE FUND, 1364, in the
amount of $2,511.72.
ROAD & BRIDGE FUND, 1409-#410, in the amount of
$38,400.8g:-- - ----
MSD TAX DISTRICT, 1825-#826, in the amount of
$30,906.5a:- ---
MSD, Marine Bank, Marathon, #342, in the amount of
$2,530.19:--
LAW LIBRARY FUND, 1178-'179, in the amount of
$2,513.98:--
CAPITAL PROJECTS FUND, #160-1161, in the amount of
$8,661.64. ----
MONROE COUNTY GROUP INSURANCE, 1145, in the amount
of $50,000.00.
CARD SOUND BRIDGE FUND, 1136-'137, in the amount of
$42,308.2~
WORKMEN'S COMPENSATION, t1968-'1977, in the amount
of $5,005.83.
TOURIST DEVELOPMENT COUNCIL, #273-'276, in the
amount of $17,284.82.
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TRANSLATOR FUND, #116, in the amount of $32.89.
FUND 715, MARINERS HOSPITAL, t08, in the amount of
$64,015.69.
FUND 716 SPECIAL TAX DISTRICT, PLANNING, BUILDING,
CODE ENFORCEMENT; #23, in the amount of $2,657.04.
Board approved payment of the following Fine and Forfeiture
Expenditures:
FINE & FORFEITURE EXPENDITURES
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Robert M.
Berland, Ph.D., in the amount of $1,593.00: Dr. Eneida B.
Guernica, in the amount of $910.00: Richard Hellman, Ph.D.,
in the amount of $425.00: Guillermo D. Marcovici, M.D., in
the amount of $300.00: John P. Mihalovich, Ph.D., in the
amount of $500.00.
COURT-APPOINTED ATTORNEYS, Roberta S. Fine, in the
amount of $140.96: W. S. Smallwood, in the amount of
$215.00.
OTHER EXPENSES AND COSTS, Louis J. Spallone, Clerk,
in the amount of $300.00:--
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $391.10: Electronic Reporting,
in the amount of $253.10: Florida Keys Reporting, in the
amount of $25.00: Marc Nichols & Associates, Inc., in the
amount of $25.00: Terry Moran, in the amount of $1,333.00;
Record Reporting Service, in the amount of $160.95.
COURT INTERPRETER SERVICES, Elizabeth Diaz, in the
amount of $235.00; Maria Sardina, in the amount of $25.00;
Charles Parra, in the amount of $25.00.
EXPERT WITNESS FEES, Richard C. Walker, M.D., in
the amount of $150.00.
WITNESS PAYROLL, Auto Allowance and Travel, in the
amount of $4,502.17: Regular Witness Fees, in the amount of
$150.00.
COMMISSIONERS' ITEMS
Board approved Commissioner Fahrer's appointment of Harry
Galloway to the Tourist Development Council.
Board approved Commissioner Freeman's appointment of Margo
Golan to the Tourist Development Council.
Board adopted a Proclamation declaring August 22nd as St.
Jude's Children's Research Hospital Day.
Board authorized acceptance of a Grant to Monroe County in
the amount of $25,878.15 for Emergency Medical Services.
Motion carried unanimously.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Motion was made by Commissioner Stormont and
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076
seconded by Commissioner Freeman to approve, per staff con-
ditions and recommendations, the Application for Variance to
the Flood Hazard Ordinance of Mr. and Mrs. R. L. Hathaway
for the enclosure of 182 square feet below the lOa-Year
Flood Elevation - 262 square feet of enclosure has already
been permitted - at Lot 136, Port Largo Subdivision, Marina
Avenue, Key Largo: Zoned RU-2; Coastal Flood Zone A-16.
Motion carried unanimously.
Motion was made by Mayor Harvey and seconded by
Commissioner Freeman to approve, per staff conditions and
recommendations, the Application for Variance to the Flood
Hazard Ordinance of Harold Newburn for the placement of an
18,475 square foot warehouse building below the lOa-Year
Base Flood Elevation on Tract E of Port Largo Subdivision,
St. Croix Place and Laguna Street, Key Largo: Zoned BU-2;
Coastal Flood Zone A-16. Roll call vote was unanimous.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to postpone consideration of
the Application for Variance to the Flood Hazard Ordinance
of Windley Cove Ltd. for the enclosure of a lobby, game room
and storage below the lOa-Year Flood Elevation on Lot 7,
George McDonald Plat, Old State Road, Windley Key; Zoned
RU-3: Coastal Flood Zone V-17; and requested the Planning
Director to review any Major Development considerations con-
nected with this request. Roll call vote was unanimous.
Michael Halpern, attorney, addressed the Board concerning
this matter.
Engineering
Bob Harris of Post, Buckley, Schuh & Jernigan
addressed the Board and presented the Up-date for Fiscal
Year 1986-87 Road Program.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to amend the proposed Resolution
concerning Key Largo VI from a total of $99,500.00 to
$107,000.00. Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to authorize the change of the name
of Patone Street if it is found to be erroneous. Motion
carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to approve the amendment on
Page 2 of the proposed Resolution by adding the words
"subject to clarification of action of the Board of County
Commissioners and the direction of the City of Key West."
Motion carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to adopt, as amended, the following
Resolution amending Resolution No. 129-1985 and re-adopting
unaffected provisions thereof: directing the Monroe County
Public Works Department to implement a Work Program for
Monroe County Road System and Off System Construction and
Reconstruction Projects for Fiscal Year 1986-1987:
establishing an interim priority listing of such Projects
and setting forth a program for updating the Monroe County
Road System Inventory and Priority Analysis prior to Fiscal
Year 1987-1988. Motion carried unanimously.
RESOLUTION NO. 260-1986
See Res. Book No. 52 which is incorporated herein by
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reference.
,..-....-
Mr. Harris discussed the Bids for the Garrison
Bight Bridge Repairs and the alternates proposed in his
letter dated August 21, 1986. After discussion, motion was
made by Commissioner Fahrer and seconded by Commissioner
Freeman to accept Alternate No. 3 and award the Bridge
Repair portion of the contract (base bid plus alternates 2
and 3) to Frank Keevan and Son, Inc. in the total amount of
$25,725.00 (consistent with the $20,000.00-$30,000.00 in
repair costs authorized by the Board on January 10, 1986),
allowing that work to proceed while concluding negotiations
with the City for their exact share of the $139,700.00
fender system replacement cost; and also to request the City
of Key West to decide whether or not they will participate
in the funding of the repairs as outlined by the Engineers;
and also waiving the $1,000,000.00 bonding requirements and
reducing same to $500,000.00. Roll call vote was unanimous.
Mr. Harris then discussed the bids received for
Roadway Improvements - Key Largo Roads IV as follows:
General Asphalt Co., Inc.
4850 N. W. 72nd Avenue
Miami, Florida
$ 60,332.00
The Brewer Co. of Fla., Inc.
9801 N. W. 106th Street
Miami, Florida
$ 65,434.00
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to award the bid for Roadway
Improvements - Key Largo Roads IV to the low bidder, General
Asphalt Co., Inc., in the amount of $60,332.00. Motion
carried unanimously.
Commissioner Stormont discussed the possibility of
saving money by constructing the shell of the proposed
second floor of the building being constructed at Plantation
Key. Motion was made by Commissioner Stormont and seconded
by Commissioner Fahrer to direct Post, Buckley, Schuh &
Jernigan to prepare an estimate of costs for the construc-
tion of a second-floor shell at this time in comparison to
the costs which might be required in the future and also how
it would affect the current construction schedule. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve the following Contract
Modifications #1 through 114 for the Monroe County Justice
Building, with the funding from the Sheriff:
1. Item 9: Add carpet per original
bid.
$18,096.00
2. Item 10: Omit VAT which was sub-
stituted for all carpet areas.
($ 7,700.00)
-
3. Item 19: Add white oak doors with
applied moldings per original bid.
$15.184.00
4. Item 22: Add HVAC controls per
original bid.
$ 4,160.00
5. Item 29: Add original concrete
drainage trough 2'-4" deep and 16"
wide to collect additional storm
$ 1,250.00
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water runoff from existing Court-
house parking lot; omit substituted
corrugated slot drain. The design
of the substituted corrugated slot
drain was in accordance with the
requirements of the South Florida
Water Management District's cri-
teria. However, the substituted
design resulted in a lesser safety
factor. Due to recent discovery
of additional drainage tributary
area from the adjacent Courthouse
site, it is appropriate and recom-
mended to assume the adequate safety
margin of the original design and
bid.
6. Item 30: Add finished hardware $ 7,592.00
per original bid.
7. Item 31: Add light fixtures per $10,493.00
original bid.
8. Deduct tax fees and permits. This ($10,545.00)
amount was an identified item in
the original reduced scope contract
price of $1,620,000.00; however,
inasmuch as the Sheriff was able to
secure waiver of these fees by the
City, the Contract is prepared to
issue this as a credit.
9. Re-design and install A/C to a split ($12,900.00)
unit system per suggestion of Charles
McCoy and outlined in previous
correspondence/drawings.
10. Add floors, doors, lights in storage $ 1,800.00
rooms created by utilizing split
unit A/C system described in #9 above.
11. Add 8,000 S.F. of hardwood paneling $22,385.00
(an allowance of $40 per sheet of
paneling purchase).
12. Re-routing of elevator sump drain
lines; omit 3" floor drain and 2"
vent in water heater room 101; add
drain pan under water heater.
13. Add concrete fill in interior block
wall in 1st floor laboratory,
storage room, and the 2nd floor
armory per request of City of Key
West inspector. The original de-
sign was in accordance with the
Standard Building Code, Sections
407 and 412, meeting minimum re-
quirements specified for Hazardous
Occupancies. However, the Code
states that such protection may
exceed the fire-resistive require-
ments if deemed necessary by the
Building Official. The City of
Key West Building Official re-
quested the additional concrete
fillers.
($
307.00)
$ 1,607.40
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14. Additional excavation required due
to encountering organic and debris
material from the demolition oper-
ations beneath the old U. S. o.
Building in a location where it
was not possible to obtain pre-
design borings.
$ 8,657.71
Roll call vote was unanimous.
Motion was made by Mayor Harvey and seconded by
Commissioner Freeman directing that after completion of the
current Criminal Justice Building in Jackson Square, the
employment of the current Architectural and Engineering team
is concluded. Roll call vote was unanimous.
Mr. Harris briefly discussed the proposed Blasting
Ordinance.
Planning, Building ~ Zoning
Charles Pattison, Director, addressed the Board
concerning the Land Use Plan dates. Charles Siemon,
Consultant, also addresed the Board concerning this matter.
It was his opinion that the Board should adopt a curative
Ordinance confirming the February 28th adoption date and the
September 15th effective date of the Plan. Motion was made
by Commissioner Stormont and seconded by Commissioner
Freeman to prepare a Curative Ordinance and/or a Repealer
Ordinance confirming the February 28th adoption date and the
September 15th effective date of the Monroe County Land Use
Plan and authorize the advertisement of same for the
necessary Public Hearings. Roll call vote was unanimous
with Mayor Harvey absent from the meeting.
Mr. Siemon briefly discussed the operation of the
Land Authority.
Michael Barr addressed the Board concerning the
correction of mapping areas. Fred Tittle, attorney, also
discussed mapping and the schedule for vested rights
hearings.
Director Pattison addressed the Board concerning
the Additional Services Contract and the State assistance of
$50,000.00 to accomplish certain items. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
accept the $50,000.00 from the Areas of Critical State
Concern Trust Fund for the purposes of having the County
prepare a User's Manual for the new Compehensive Plan as
well as undertake a legal anaylsis of issues that are raised
by the Plan, and authorize the Mayor to execute the
necessary Contract.
Mr. Pattison gave a report on Mr. and Mrs. Dutton's
complaint and after a brief discussion, the matter was
deferred to the meeting of September 15th.
Mr. Pattison discussed the effective date of the
Land Use Plan which is tentatively scheduled for September
15th and the procedure that would be used for the deferral
of Applications for Permits from September 2nd through
September 15th. Michael Barr addressed the Board concerning
the need for emergency permitting.
Mr. Pattison advised the Board that copies of the
Land Use Plan would be available shortly for the Commission
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and for sale to the general public.
William McPherson addressed the Board. Motion was
made by Commissioner Stormont and seconded by Commissioner
Freeman to approve, due to the area requirements in the
Ocean Reef Complex, the Application for Variance to the
Flood Hazard Ordinance of William and Diana McPherson to
construct a 53' x 17' addition (below the lOa-Year Base
Flood Elevation) to the existing single-family residence at
Lot 2, Block 8, OCEAN REEF PLAT #1 AMENDED, 3 Diana Road,
Key Largo; Zoned RU-l; Coastal Flood Zone A-16. Motion
carried unanimously.
SOUNDING BOARD FOR PUBLIC INPUT
Linda Papy, Office Manager of the Office of the
Public Defender, addressed the Board concerning a proposed
Lease Agreement for office space for the Public Defender's
Office in Marathon.
COUNTY ATTORNEY
Motion was made by Commissioner Fahrer and seconded
by Commissioner Stormont to adopt the following Resolution
authorizing the Mayor and Chairman of the Board to execute a
Buisness Lease by and between F. James Chaplin and Bettye B.
Chaplin and Monroe County concerning office space for the
Public Defender's Office in Marathon, Monroe County,
Florida.
RESOLUTION NO. 261-1986
See Res. Book No. 52 which is incorporated herein by
reference.
ITEMS FOR STAFF COMMENT
Planning, Building ~ Zoning
Charles Pattison, Director, addressed the Board
concerning the recommendations for the purchase of computer
equipment. He indicated that the committee evaluating the
bids for the Monroe County Information Processing System for
Administration and Planning had recommended IBM as Number
One and NCR as Number Two. Motion was made by Commissioner
Stormont and seconded by Commissioner Freeman to authorize
Mr. Pattison and County Administrator Lewin to negotiate a
contract with IBM for the purchase of computer equipment and
services for the Monroe County Information Processing System
for Administration and Planning. Roll call vote was unani-
mous.
The Clerk advised the Board that he was in receipt
of a bid from Unimart that was received subsequent to the
time for filing of proposals. Motion was made by
Commissioner Stormont and seconded by Commissioner Freeman
to reject the Unimart bid as it was not filed timely.
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to direct the Administrator
and Staff to require that all future computer purchases con-
form to the Board's current decision for the purchase of
computer equipment in terms of the savings on maintenance
and compatibility with the selected system.
Mr. Pattison briefly discussed the denial of a Rip-
rap Permit for Ronald L. Kolman. This item was deferred.
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Municipal Service District
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve the following transfers:
From 920000 584990 Contingency
To
Administration-0970
534515 - Advertising
$ 1,500.00
Franchise Operation-0970l0
534346 - Keys Sanitary
$22,000.00
Plant Operations-0972
534521 - Gasoline
$ 2,600.00
Long Key-0974
534463 - Maint. Incinerator
$10,000.00
Motion carried unanimously.
Charles Aguero, Director, discussed refractory
work.
Motion was made by Commissioner Freeman and
seconded by Commissioner Freeman to approve twenty days'
annual leave for Director Aguero after September 12th.
Motion carried unanimously.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to change the hearing date
for the establishment of rates for garbage service for the
new fiscal year from September 26th to September 19th.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to authorize payment of Invoice
t17546 to Post, Buckley, Schuh & Jernigan in the amount of
$2,440.00 for services rendered concerning the Jackson
Square Criminal Justice Facility Building. Motion carried
unanimously.
The Board discussed the resignation of County
Administrator Lewin, effective December 31, 1986.
Commissioner Fahrer discussed the composition of a screening
committee. Motion was made by Commissioner Fahrer and
seconded by Commissioner Stormont directing Mr. Lewin to
develop a screening committee consisting of three
outstanding Administrators in the State of Florida for the
purpose of screening applications for the position of County
Administrator. Mayor Harvey ruled the motion out of order
due to the ambiguity of the word "outstanding".
Commissioner Fahrer challenged the ruling of the Chair.
Roll call vote on the challenge was taken with the following
results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
The ruling of the Chair was overturned. Roll call vote on
the original motion was taken with the following results:
GG- 082
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
Yes
No
No
No
Motion failed. Motion was then made by Commissioner
Stormont and seconded by Commissioner Freeman directing that
Mr. Lewin serve on a committee consisting of himself and two
other outstanding County Administrators in the State of
Florida to be selected by Mr. Lewin for the purpose of
screening applications for the position of County
Administrator of Monroe County. Roll call vote was taken
with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Motion carried.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to accept the resignation of Kermit
H. Lewin, County Administrator, effective December 31, 1986,
with an expression of appreciation for the work Mr. Lewin
has done and with regret that he is now leaving the County.
Roll call vote was unanimous.
COUNTY ATTORNEY
Lucien proby, County Attorney, discussed the
Dismissal Order received concerning the School Funding Suit.
Motion was made by Commissioner Fahrer and seconded by Com-
missioner Freeman to drop any further legal proceedings in
this matter. Roll call vote was unanimous.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment of a bill from
Risk Control Associates in the amount of $1,187.00. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment of a bill from
Culverhouse & Dent in the amount of $72.72. Motion carried
unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to approve payment of a bill from
Vernis & Bowling in the amount of $1,450.00. Motion carried
unanimously.
Motion was made by Mayor Harvey and seconded by
Commissioner Freeman to approve payment of a bill from David
Paul Horan in the amount of $1,197.15. Roll call vote was
taken with the following results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
Yes
Yes
No
Yes
Motion carried.
Mr. Proby gave the Board a report on the current
situation concerning the Board's Petition To Intervene in
the award of one of the Translator Channels to another
broadcaster as well as the Board's Petition For FCC Rule
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083
Change.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to adopt the following
Resolution requesting the various agencies that have juris-
diction over such activities as construction of seawalls and
placement of riprap and construction of septic tanks and
other sewage treatment/control systems to plan, adopt and
implement coordinated standards of review with Monroe
County. Motion carried unanimously.
RESOLUTION NO. 262-1986
See Res. Book No. 52 which is incorporated herein by
reference.
Motion was made by Commissioner Stormont and
seconded by Commissioner Fahrer to declare an emergency,
based on the advice of counsel, concerning the expiration of
the Moratorium. Motion carried unanimously. Fred Tittle,
attorney, addressed the Board concerning the Ordinance.
Motion was made by Commissioner Fahrer and seconded by
Commissioner Freeman to adopt the following Ordinance
declaring that an emergency exists; waiving notice;
extending the Moratorium on Major Developments permitted
under Chapter 6 of the Code of Ordinances of Monroe County,
and amending Ordinance Nos. 025-1983, 015-1984, 029-1984,
009-1985, 033-1985 and 008-1986; to provide for an extension
of the provisins of the aforesaid Ordinance No. 025-1983,
Ordinance No. 015-1984, Ordinance No. 029-1984, Ordinance
No. 009-1985, Ordinance No. 033-1985 and Ordinance No.
008-1986, until the Land Use Plan is made effective; con-
cerning those Major Development applications that have
received preliminary approval as per Chapter 6 of the Monroe
County Code of Ordinances as of this date; giving reasons
and the cause for an extension of said Moratorium: stating
why it is needed and necessary; providing for the length of
time for said extension of the Moratorium and providing for
the steps taken to alleviate said condition; providing for
certain exceptions of applications which have received pre-
liminary approval for development under Chapter 6, Article
VII, of the Monroe County Code; providing that no applica-
tion which has not received preliminary approval shall be
processed and no new applications for Major Development
shall be accepted; providing for certain exceptions to said
Ordinance; providing for the severability of each and every
provision hereof; providing for the repeal of any Ordinances
or parts of Ordinances in conflict herewith; providing that
said Ordinance shall become part of the Code of Ordinances
of Monroe County, Florida; providing for an effective date
hereof; and providing for the ratifiction of any restric-
tions and/or moratoriums heretofore approved. Motion
carried unanimously.
ORDINANCE NO. 025-1986
See Ord. Book No. 12 which is incorporated herein by
reference.
COUNTY CLERK
The Clerk advised the Board that he would need
appointments of the Board of County Commissioners, including
a Chairman, to serve on the Property Appraisal Adjustment
Board. Mayor Harvey appointed Commissioners Stormont,
Fahrer and Freeman to the Property Appraisal Adjustment
Board, with Commissioner Stormont serving as Chairman.
Motion was made by Commissioner Fahrer and seconded
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084
by Commissioner Freeman to authorize the Clerk to advertise
for Special Masters in accordance with Florida Law. Motion
carried unanimously.
Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to establish a $15.00 filing fee in
accordance with provisions of the Florida Statutes. Motion
carried unanimously.
The Clerk advised the Board that he had received no
additional bids on the Higgs Beach Food Concession. Mr.
Lewin addressed the Board and indicated that Mr. Rossi of
Food Service Managment Systems of Florida, a bidder on the
project during the first Call For Bids, requested the right
to negotiate with the County. This matter was referred to
the Higgs Beach Committee.
COMMISSIONERS' ITEMS
Mayor Harvey read a letter from Tim Koenig and
others concerning the leases for hangars at Key West
International Airport. Motion was made by Commissioner
Freeman and seconded by Mayor Harvey to refer this matter
to the Airport Director, County Attorney, and Airport
Committee. Motion carried unanimously.
The Board then recessed for lunch.
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The Board reconvened at 3:00 p.m. with all
Commissioners present.
ITEMS FOR STAFF COMMENT
Engineering
Bob Harris addressed the Board concerning Card
Sound Bridge. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to authorize Post, Buckley,
Schuh & Jernigan to negotiate with the third bidder for
repairs to the fender system of Card Sound Bridge. Roll
call vote was unanimous.
Planning, Building ~ Zoning
County Attorney Proby discussed the Board's pre-
vious action concerning the Computer Bids. Motion was then
made by Commissioner Freeman and seconded by Commissioner
Fahrer to reject the low bid from AT&T as it was not respon-
sive to the specifications. Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held for the purpose of deter-
mining whether or not the following described street,
alleyway, road or highway shall be abandonded:
Commence at Northwest corner of Lot 13,
Block 2, PAMELA VILLA, Key Largo, Florida,
according to Plat thereof, as recorded in
Plat Book 3 at Page 125 of the Public
Records of Monroe County, Florida, which
is the Point of Beginning, thence proceed
Southwesterly along Northeasterly right-
of-way of the portion of the alleyway
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085
sought to be abandoned, a distance of
134.57 feet, thence West to the North-
westerly right-of-way of said l5-foot
alley, thence approximately 163 feet to
Northeast corner of Lot 10, thence South-
erly to the Point of Beginnning.
Proof of publication was entered into the record. Ken
Smith, attorney representing the applicants, addressed the
Board. Motion was made by Mayor Harvey and seconded by
Commissioner Fahrer to adopt the following Resolution aban-
doning the road described above.
RESOLUTION NO. 263-1986
See Res. Book No. 52 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.
A Public Hearing was then held on a proposed
Ordinance amending the Monroe County Code, by adding a new
Section to be numbered 2-378, to provide that the County can
contract with a private entity for the operation and main-
tenance of the County's detention facility and supervision
of prisoners; 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.
Motion was made by Commissioner Stormont and seconded by
Commissioner Fahrer to read by title only. Motion carried
unanimously. Rick Watson, representing CCA, addressed the
Board. Motion was made by Commissioner Fahrer and seconded
by Commissioner Freeman to continue to the September 19th
meeting. Roll call vote was taken with the following
results:
Commissioner Fahrer
Commissioner Freeman
Commissioner Stormont
Mayor Harvey
Yes
Yes
Yes
No
Motion carried.
A Public Hearing was held on a proposed Ordinance
amending the Code of Ordinances of the County of Monroe,
Florida, by adding a new Section to said Code to be numbered
2.1-3 to prohibit possession of open containers of alcoholic
beverages in vehicles in the Unincorporated Areas of Monroe
County, Florida; providing for penalties; providing for
severability; providing for inclusion in the Code of
Ordinances of the County of Monroe, Florida; 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 Fahrer and seconded by
Commissioner Freeman to read by title only. Motion carried
unanimously. The following individuals addressed the Board
concerning this proposed Ordinance: Ed Turner of Key Largo;
Bill Becker, who questioned some of the provisions of the
proposed Ordinance; Fred Tittle; Reverend Porter: Mr.
GO- - 086
Dutton: Mike Barr; and Jane Bowen. Motion was made by
Commissioner Fahrer and seconded by Commissioner Freeman to
amend the proposed Ordinance to remove the exception for
"locked glove compartment". Roll call vote was unanimous.
Motion was then made by Commissioner Fahrer and seconded by
Commissioner Stormont to adopt the following Ordinance as
amended. Roll call vote was unanimous.
ORDINANCE NO. 026-1986
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. There was
no public input. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to continue to the next
Public Hearing. Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Harvey read a Petition to install a sign
below the traffic signal on Big Pine Key which would give
directions to the Shopping Center. Motion was made by Mayor
Harvey and seconded by Commissioner Fahrer to add this item
to the Agenda. Motion carried unanimously. Motion was made
by Commissioner Fahrer and seconded by Commissioner Freeman
to adopt the following Resolution requesting the State of
Florida Department of Transportation to entertain the
request and petition of certain business merchants on Big
pine Key, Monroe County, Florida, as relates to a sign to be
affixed to the traffic light on U. S. Highway 1 in Big Pine
Key. Motion carried unanimously.
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RESOLUTION NO. 264-1986
See Res. Book No. 52 which is incorporated herein by
reference.
ITEMS FOR STAFF COMMENT
Engineering
Bob Harris of Post, Buckley, Schuh & Jernigan
again addressed the Board concerning Card Sound Bridge.
After discussion, motion was made by Commissioner Fahrer
and seconded by Commissioner Freeman authorizing Post,
Buckley, Schuh & Jernigan to negotiate with Pilings, Inc.
regarding Card Sound Bridge and also authorizing the
Chairman to execute a Contract with Pilings, Inc. not to
exceed $250,000.00. Motion carried unanimously.
PUBLIC HEARINGS
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A Public Hearing was held to consider the issuance
of an Amended Development of Regional Impact ("DRIR)
Development Order amending the DRI Development Orders issued
as Resolution Nos. 277-1982 and 272-1984 for the
Developments of Regional Impact known as Port Bougainvil1e
and Garden Cove. Proof of publication was entered into the
record. Alan S. Gold, attorney representing Wade Hopping,
Receiver for the Port Bougainville/Garden Cove Project,
addressed the Board concerning the Application for a modifi-
cation to a previously issued Development Order. David
Plummer, of David Plummer & Associates, Transportation
Consultants, addressed the Board concerning their review of
the transportation impact. Wade Hopping, Receiver for the
Port Bougainville/Garden Cove Project addressed the Board.
Charles Pattison, Director of Planning, Building & Zoning,
addressed the Board and gave the Staff position on the
requested application. Lucien Proby, County Attorney, and
Charles Siemon, Planning Consultant, addressed the Board and
responded to several questions from the Commission con-
cerning this matter. Michael Chenoweth, representing the
Upper Keys Citizens Association and Friends of the
Everglades, and Pamela Pierce addressed the Board. Jack
Osterholdt, Executive Director of the South Florida Regional
Planning Council, addressed the Board concerning the
request. David Jordan, attorney from the Department of
Community Affairs, addressed the Board, and advised the
Commission that it was the Department's position that the
Board should not grant the request. Mr. Chenoweth again
addressed the Board. Lloyd Miller of Homestead, President
of the Izaak Walton League, Roberta Fine, Ed Kloski,
President of the Upper Keys Citizens Association and member
of the Florida Keys Citizens Coalition, all addressed the
Board. Alan Gold rebutted the statements of the previous
speakers. Motion was made by Commissioner Fahrer and
seconded by Commissioner Freeman to adopt the following
Resolution denying the application for a modification to a
previously-issued Development Order in accordance with the
provisions of Chapter 380.06(19)(f)(6) and also finding that
it is not a substantial deviation pursuant to Chapter
380.06(19)(f)(5). Roll call vote was unanimous.
RESOLUTION NO. 265-1986
See Res. Book No. 52 which is incorporated herein by
reference.
There being no further business, the meeting was
adjourned.
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