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01/17/1989 Regular NN CS2 Regular Meeting Board of County Commissioners Tuesday, January 17, 1989 Tavernier A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Elks Club in Tavernier. Present and answering to roll call were Commissioner Douglas Jones, Commissioner Eugene Lytton, Commissioner John Stormont, and Mayor Michael Puto. Also present were Rosalie L. Connolly, Deputy C1erk1 Randy Ludacer, County AttorneY1 Tom Brown, County Administrator 1 County Staff1 members of the Press and Radio1 and the general public. All stood for the Pledge of Allegiance and Invocation. The Board proceeded to make additions, deletions and corrections to the Agenda. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the following items by unanimous consent: Board granted permission to remove following property from Inventory of Veterans Affairs: Desk Typewriter Item No. 2991-4 Item No. 1200-60 Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of John Cacciutti for an additional 299 square foot enclo- sure for storage and parking only, 299 square feet existing, on Lot 7, Sombrero Anglers Club North, Boot KeY1 Zoned IS-D - Improved Subdivision Dup1ex1 Coastal Flood Zone A-13. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Burt C. Frank for a 288 square foot addition to existing 288 square foot garage for storage and parking only on Lot 2, Block B, Long Beach Estates, Big Pine KeY1 Zoned IS - Improved Subdivision1 Coastal Flood Zone A-10, Panel 1539C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of George Orta for the placement of a mobile home below the required base flood elevation on Lot 20, Block 13, Sexton Cove Estates, Key Largo1 Zoned URM - Urban Residential Mobile Home1 Coastal Flood Zone V-16, Panel 0842C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Sam Pug1iesse for a 300 square foot enclosure for storage and parking only on Lot 31, Block 6, Buccaneer Point, Key Largo1 Zoned NA - Native1 Coastal Flood Zone V-21, Panel 1004C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Dwight Smith for a 216 square foot enclosure for storage ~N 083 I and parking only on Lot 915, Silver Shores, Key Largo; Zoned URM - Urban Residential Mobile; Coastal Flood Zone V-2l. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Richard D. and Doris J. Wentland for a 325 square foot enclosure, 250 square feet existing, for storage and parking only, break-away construction, on Lots 6, 7, 8, 9, Block 2, Snug Harbor, Summerland Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel l5l4C. Board adopted the following Resolution concerning receipt of unanticipated funds. RESOLUTION NO. 025-1989 See Res. Book No. 73 which is incorporated herein by reference. COUNTY ATTORNEY Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Employment Agreement between the Board of County Commissioners and David P. Kirwan, P.A., attorney at law, pertaining to Mr. Kirwan's employment as attorney for the Monroe County Code Enforcement Board. RESOLUTION NO. 026-1989 See Res. Book No. 73 which is incorporated herein by reference. MUNICIPAL SERVICES DISTRICT (WASTE) Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Interlocal Recycling Agreement between the City of Key West and Monroe County. RESOLUTION NO. 027-1989 See Res. Book No. 73 which is incorporated herein by reference. Board adopted the following Resolution concerning coopera- tion between Monroe County and the City of Key West for improving solid waste disposal efficiency. RESOLUTION NO. 028-1989 See Res. Book No. 73 which is incorporated herein by reference. Board approved and authorized execution of an Agreement bet- ween the County and Continental Construction Company, Inc. concerning the Ash Conveyor System Replacement for Cudjoe Key, Long Key and Key Largo Solid Waste Landfill Sites in the amount of $116,155.00. Board approved and authorized execution of an Agreement bet- ween the County and Tramco Company, Inc. concerning the Ash Conveyor System Replacement for Cudjoe Key, Long Key and Key Largo Solid Waste Landfill Sites in the amount of $259,755.00. DIVISION OF COMMUNITY SERVICES Airport Services Board authorized preparation and advertisement of an RFP for Airport Consultant Services. NN C84 DIVISION OF GROWTH MANAGEMENT Planning Department Board authorized execution of Modification of Agreement Number 4 for Agreement Number 87-SR-40-ll-54-0l-003 between Monroe County and the Florida Department of Community Affairs regarding an extension of the Planning Assistance Grant. DIVISION OF MANAGEMENT SERVICES Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Rental Agreement by and between Carl and Helen Rafala and Monroe County con- cerning the leasing of office space for the District Two County Commissioner. RESOLUTION NO. 029-1989 See Res. Book No. 73 which is incorporated herein by reference. Information Systems Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Soft-Guard Agreement with Pitney Bowes concerning software protection. RESOLUTION NO. 030-1989 See Res. Book No. 73 which is incorporated herein by reference. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $1,112.90, for professional services rendered through 12/21/88. 2. Victor N. DeCario & Associates, Inc., in the amount of $1,283.54, for professional services rendered 12/1/88 through 12/31/88 re Monroe County GIS. 3. Stephens, Lynn, Klein & McNicholas, in the amount of $192.03, for professional services re Ashe v. Northwest Insurance. 4. Roseman & Colin, in the amount of $15,597.46, for professional services re Translator S.,y.stelt. 5. David Conner, Growth Management Division, in the amount of $826.40, for travel reimbursement for August through September, 1988. 6. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $988.46, in payment of Invoice 117 for services rendered through October 31, 1988 re Third Floor Jail Addition. 7. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $157.71, in payment of NN C85 Invoice #18 for services rendered through November 30, 1988 re Third Floor Jail Addition. Board approved and authorized execution of an Employment Agreement by and between the Board of County Commissioners and Mary A. Quinn, as Director of Monroe County Libraries. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of $650.00; Tanju T. Mishara, Ph.D., in the amount of $200.00; Mental Health Care Center of the Lower Keys, in the amount of $400.00. COURT-APPOINTED ATTORNEYS, Brown & Magzamer, P.A., in the amount of $487.50; Jeffrey B. Meyer, P.A., in the amount of $801.25; Charles M. Milligan, in the amount of $1,115.50. OTHER EXPENSES, P.D.R. Security Services, in the amount of $150.00; Kirk C. Zuelch, in the amount of $158.20; State of Florida, in the amount of $2,339.83. EXPERT WITNESS FEES, Jesse Sewell, M.D., in the amount of $300.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $2,048.63; Billie Jean Fase, in the amount of $30.00; Florida Keys Reporting, in the amount of $712.00; Nancy J. Maleske, in the amount of $62.25; Nichols & Hardy, in the amount of $168.75. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $345.00; Irma Lopez Depugh, in the amount of $25.00; Luis Garcia, in the amount of $25.00. WITNESS PAYROLL, Auto Allowance & Travel, in the amount of $16.00; Regular Witness Fees, in the amount of $145.00. Board approved the following Warrants: GENERAL REVENUE FUND, #100798-#101405, in the amount of $2,735,620.03. GENERAL REVENUE FUND, Barnett Bank, #165, in the amount of $108,571.00. SUPPLEMENT TO GENERAL REVENUE FUND, #264, in the amount of $84,092.42:- FINE & FORFEITURE FUND, #782-#787, in the amount of $2,579,625.72.- AIRPORT OPERATION & MAINTENANCE FUND, #506, in the amount of $56,272.77. ROAD & BRIDGE FUND, #542, in the amount of $133,2l7.~ - MSD TAX DISTRICT, #1204, in the amount of $187,610.86. --- MSD - MARINE BANK (Marathon), #469, in the amount NN 086 of $67,042.76. MSD - PLEDGED FUNDS, '139, in the amount of $100,000.00. LAW LIBRARY FUND, '265, in the amount of $962.35. 1981 IMPROVEMENT BONDS = INTEREST ~ SINKING, t47, in the amount of $90,029.49. 1981 IMPROVEMENT BONDS = DEBT SERVICE, 122 voided. CAPITAL PROJECTS FUND, 1333-.334, in the amount of $43,321.70. CARD SOUND BRIDGE FUND, .450 voided, out of order, .262, in the amount of $54,855.48. WORKERS COMPENSATION, .2734-.2741, in the amount of $21,577.19. TOURIST DEVELOPMENT COUNCIL, 1553-.557, in the amount of $97,544.69. MONROE COUNTY SELF-INSURED GROUP INSURANCE, .287, in the amount of $109,238.02. TRANSLATOR FUND, .207, in the amount of $88,797.43. 001 RENTAL REHABILITATION PROGRAM, .15-t16, in the amount of~08.00. 503 RISK MANAGEMENT FUND, '22, in the amount of $5,912.15:-- ---- 701-711 FIRE AND AMBULANCE LOCK BOX SERVICE, t03, in the amount of $57,387.34. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, PARKS &-aEACHES UNINCORPORATED, .173, in- the amount of $188,426.60. 722 MONROE COUNTY UPPER KEYS TRAUMA DISTRICT, .05, in the amount of $414.70. ---- Board approved Minutes of the following meetings of the Board of County Commissioners: December 6th and December 20th, 1988. Board approved and authorized Tax Collector to issue dupli- cate Tax Sale Certificate No. 911 to Marion McClung inasmuch as the original Certificate issued May 26, 1982 in the sum of $1,755.50 has been lost or destroyed. Motion carried unanimously. COMMISSIONERS' ITEMS J. Allison DeFoor, II, Sheriff, addressed the Board regarding proposed Ordinances regarding joint anti-crime efforts. Commissioner Harvey entered the meeting and took her seat. Motion was made by Commissioner Lytton and seconded NN C87 by Commissioner Jones to direct the County Attorney and the County Administrator to review the Sheriff's packet of docu- ments pertaining to proposed anti-crime efforts and report back to the Board at the next meeting. Motion carried una- nimously. Commissioner Harvey requested that the County Administrator and the Sheriff join forces to plan something in honor of former Sheriff William A. Freeman, Jr. Mayor Puto presented Certificates of Appreciation to Mica and Sava Silipovich and Deputy Bob Delaney in recognition of their concerted efforts in eradicating dere- lict automobiles in the Upper Keys. Motion was made by Commissioner Jones and seconded by Commissioner Lytton to approve and authorize execution of all necessary papers for the Annual 7-Mile Bridge Run to be held from 7:30 a.m. to 9:00 a.m. on April 22, 1989. Motion carried unanimously. Mayor Puto read into the record a Proclamation proclaiming January 15 through January 21, 1989 as MARTIN LUTHER KING WEEK in Monroe County. Motion was made by Commisisoner Jones and seconded by Commissioner Lytton to immediately initiate an RFP for an independent in-depth structural integrity analysis, including test borings, on Truman School before any renova- tion is commenced. Roll call vote was unanimous. Pam Martin of Organized Fishermen of Florida addressed the Board concerning a problem with the Tourist Development Council regarding funds for the Upper Keys Seafood Festival scheduled to be held in Plantation Key on January 28th and 29th. Mickey Feiner, Vice-Chairman of the Tourist Development Council, also addressed the Board. After a lengthy discussion, motion was made by Commissioner Stormont and seconded by Commissioner Harvey to direct the Tourist Development Council to consider at their regular meeting on January 18th the request for funding for the Upper Keys Seafood Festival in the amount of $13,500.00. Commissioner Stormont stated that an Attorney General's Opinion should be sought as to specifically what the statu- tory process is in considering funding for events by the TDC, etc. and advised that he would bring back to the Board at the next meeting a drafted request for such an Attorney General's Opinion. Motion was made by Commissioner Harvey to amend the foregoing motion to have the TOC include recon- sideration of requested funding for a Key Colony Beach event. Mayor Feiner addressed the Board. Motion was withdrawn by Commissioner Harvey. Roll call vote on the original motion was unanimous. Motion was made by Commissioner Puto and seconded by Commissioner Jones to adopt the following Resolution establishing the Monroe County Marine Sanctuary Advisory Committee. Motion carried unanimously with Commissioner Stormont not present. RESOLUTION NO. 031-1989 See Res. Book No. 73 which is incorporated herein by reference. John Northrup, representing the Development Committee of the new Key Largo Library, addressed the Board concerning funds being raised to furnish and equip the new NN C88 Library. Commissioner Lytton requested the County Attorney to consult with the Clerk as to the appropriateness of the County intervening in what is, in fact, privately collected funds. Commissioner Lytton also requested an opinion from the County Attorney as to the appropriateness of waiving bidding procedures and exempting private funds from sales tax under the guise of government. After further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Harvey to conceptually approve, subject to legal investigation as to taxes, expenditures, etc. via the color of government. Motion carried unani- mously. Motion was made by Commissioner stormont and seconded by Commissioner Harvey to authorize the use of Harry Harris Park by the Upper Keys Softball League (Men's, Women's & Little League) January through April 1989 from 6:00 p.m. to 10:15 p.m. Monday through Friday and North Section of park only - Little League - 4:00 p.m. to 7:30 p.m. Monday through Friday. Motion carried unanimously with Commissioner Lytton not present. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to hire Lucien Proby, former County Attorney, to handle the additional legal problems of the Translator System of Monroe County at a cost not to exceed $150.00 per hour. Motion carried unanimously with Commissioner Lytton not present. Commissioner Lytton discussed the recent Department of Justice's conference regarding the National Academy of Corrections in Colorado and advised that a formal presen- tation would be made to the Commission in the very near future. Judson Freeman, Bond Counsel for Monroe County, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Resolution fixing the additional series designation, denomi- nations, date, maturity schedule, interest rates, interest payment dates, redemption provision and Bond Registrar and Paying Agent for $2,265,000 Improvement Revenue Bonds, Series 1988B, of Monroe County, Florida; awarding the Bonds at negotiated sale to the purchaser; approving the form and dissemination of the Official Statement for the Bonds; can- celling authorization for the issuance of the balance of the Bonds; authorizing all other necessary action in connection with the issuance of the Bonds; and providing an effective date. Roll call vote was unanimous. RESOLUTION NO. 032-1989 See Res. Book No. 73 which is incorporated herein by reference. Lavon Wisher, County Financial Consultant, addressed the Board. BULK APPROVALS After discussion, motion was made by Commissioner Jones and seconded by Commissioner Lytton to approve the following items by unanimous consent: Board adopted the following Resolutions concerning transfer of funds. NN OB9 RESOLUTION NO. 033-1989 RESOLUTION NO. 034-1989 RESOLUTION NO. 035-1989 RESOLUTION NO. 036-1989 See Res. Book No. 73 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds. RESOLUTION NO. 037-1989 RESOLUTION NO. 038-1989 RESOLUTION NO. 039-1989 RESOLUTION NO. 040-1989 RESOLUTION NO. 041-1989 RESOLUTION NO. 042-1989 RESOLUTION NO. 043-1989 RESOLUTION NO. 044-1989 RESOLUTION NO. 045-1989 RESOLUTION NO. 046-1989 RESOLUTION NO. 047-1989 RESOLUTION NO. 048-1989 RESOLUTION NO. 049-1989 RESOLUTION NO. 050-1989 See Res. Book No. 73 which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 602-1988 concerning receipt of unanticipated funds. RESOLUTION NO. 051-1989 See Res. Book No. 73 which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 677-1988 concerning receipt of unanticipated funds. RESOLUTION NO. 052-1989 See Res. Book No. 73 which is incorporated herein by reference. Board granted permission to the Central Services Department of the Public Works Division to advertise the following items of surplus property for disposition by competitive bids: Unit No. Year Description 4102-135 1972 Mower Head 4102-160 1973 Trailer 0920-302 1984 Chainsaw 0940-104 1984 Chainsaw 0940-138 1985 Chainsaw 0940-140 1985 Chainsaw 0940-165 1987 Chainsaw 0901-12 1984 Parts Cleaner 0970-140 1982 Dodge 4-Door 0920-352 1977 Chevy Van 4 W.D. 0921-7 1980 Ford Pickup ** 0940-58 1975 Case 850 Dozer ** 0940-39 1975 Case 850 Dozer **Minimum Bid - $1,000.00 each Motion carried unanimously with Commissioner Stormont not present. NN 090 Bob Herman, Deputy Planning Director, addressed the Board. Motion was made by Commissioner Lytton and seconded by Mayor Puto to approve, per staff conditions and recommen- dations, the Application for Variance to the Flood Hazard Ordinance of P. S. Marina - 3 for a 900 square foot building to be used as a Dockmaster's Office, bathroom facilities and storage on Boot Key Marina, Key Vaca; Zoned MU - Mixed Use; Coastal Flood Zone A-13. Motion carried unanimously. After discussion by the Board, motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve, subject to clarification by Deputy Director Herman of computer printout figures and charges, a refund in the amount of $250.00 to Seaboard Construction Co.--Tom Murphy for overpayment of building permit. Motion carried unani- mously. COUNTY ATTORNEY Randy Ludacer, County Attorney, advised the Board that the Big Pine Road case is set for trial on February 8th and February 9th. The County Attorney gave a status report on the Key Largo Airport case. The Board entered into a discussion concerning the proposed Purchase Contract Agreement with the School Board regarding the purchase of Truman Elementary School. The County Attorney was directed to amend Paragraph 1 of the proposed Contract to show that the purchase price was to be payable in three years at no interest. The Board also directed the County Attorney to add a clause to the proposed contract stating that the purchase is subject to the availa- bility and appropriation of funds. After further discussion, the Board deferred action until January 31st. DIVISION OF GROWTH MANAGEMENT Report Donald Craig, Assistant County Administrator, addressed the Board and introduced Joe Roth of Holiday Isle Resort. A discussion was entered into concerning Holiday Isle's desires regarding possible improvement of the remaining right-of-way on the north side of U.S. 1 adjacent to Holiday Isle and DOT's part in same. After lengthy discussion, the Assistant County Administrator was directed to pursue the matter through appropriate mechanisms and bring back to the Board for approval or disapproval. Planning Department Mr. Craig advised the Board that the Land Use Plan Amendment advertising would be paid by funds in his Division's Budget. The Board recessed for lunch. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT --- BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present NN 091. and answering to roll call were Eugene Lytton, Russ Radom, John Stormont and Chairman Michael Puto. Absent from the meeting was Hal Halenza. Fire and Rescue Steve Travis, Director, addressed the Board and advised of receipt of the following proposals to supply the cab and chassis for the Marathon Volunteer Department tanker project: Palm Truck Centers, Inc. Peterbilt of Tampa $56,799.80 $56,834.00 Motion was made by Commissioner Stormont and seconded by Commissioner Radom to accept recommendation of Staff and award to the low bidder, Palm Truck Centers, Inc., in the amount of $56,799.80. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board reconvened with all Commissioners pre- sent. MUNICIPAL SERVICES DISTRICT (WASTE) Charles Aguero, MSD Manager, addressed the Board and requested postponement of consideration of the Franchise Agreement Amendments. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Harvey to postpone consideration of the Franchise Agreement Amendments until the next Regular Meeting with the caveat that the Franchisees would be paid for January. Motion carried una- nimously. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to place the Municipal Services Department under the guidance and direction of the County Administrator, pending lack of prohibition as advised by the County Attorney who is to report back to the Board at the next Regular Meeting. Roll call vote was unanimous. After discussion, Commissioner Stormont directed the County Attorney to address the issue of dumpster fees and rentals in the Ordinance and report back at the next Regular Meeting. The Board entered into a discussion concerning a press release regarding the imposition of a fine upon the County MSD by DER and the fact that the County had not been informed of DER's intent. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to direct the Mayor to write to the Governor advising of the County's embarrassment and great displeasure regarding the handling of this matter by DER. Motion carried unanimously. After further discussion, the Mayor was also directed to request that, in the future, each Board member receive any and all notices from the governmental agencies and the MSD Manager. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton that Charles Aguero, MSD Manager, or his representative, be the County representative to the Technical Review Committee at Boca Chica Naval Air NN .- 092 Station regarding waste problems. Motion carried unani- mously. DIVISION OF MANAGEMENT SERVICES Report George Harper, Acting Division Manager, addressed the Board regarding the interpretation of the recent Attorney General's Opinion concerning delegation of authority to sign contracts. He advised that the County Attorney was checking into this matter and that it would be revisited at a future date. Mr. Harper advised the Board that due to unusual circumstances, he had gone ahead with computer equipment purchases for the TDC. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt the following Resolution authorizing the Mayor/Chairman of the Board to execute a Business Lease between the Board of County Commissioners and Bob Williams and Suzette williams con- cerning the operation of the Snack Bar at the Public Service Building, Stock Island, Key West. Motion carried unani- mously. RESOLUTION NO. 053-1989 See Res. Book No. 73 which is incorporated herein by reference. Grants Management Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt the following Resolution authorizing the submission of a Grant Application to the Florida Department of Environmental Regulation under the Used Oil Recycling Grant Program and directing the exe- cution of same by the proper County authorities. During discussion, motion was made by Commissioner Lytton and seconded by Commissioner Harvey to amend the motion to urge the City of Key West to participate in this program inasmuch as the County and City are moving into a joint venture in solid waste. The motion to amend was accepted by the maker and the seconder. Roll call vote on the motion to amend was unanimous. Roll call vote on the original motion as amended was unanimous. RESOLUTION NO. 054-1989 See Res. Book No. 73 which is incorporated herein by reference. DIVISION OF PUBLIC SAFETY Reggie Paros, Assistant County Administrator, discussed the current contract with Diversified Systems Management regarding possible collection of trauma accounts as well as ambulance user fees. After discussion, motion was made by Commissioner Stormont and seconded by Commissioner Jones to have Staff bring back to the next Regular Meeting the necessary documents to extend the contract with Diversified Systems Management until September 30th. Motion carried unanimously. Mr. Paros then discussed his position on the Technical Advisory Panel of the Access To Emergency Medical Care Committee and the matters dealing with the Trauma "Glitch" Bill. NN 093 Mr. Paros and the Board entered into a discussion concerning the Translator System Board. After extensive discussion, the County Attorney was directed to prepare for the next Regular Meeting an Emergency Ordinance to modify the current Ordinance regarding the criteria for make-up of the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to appoint Howard Mahoney to the Translator Board. Motion carried unanimously. COMMISSIONERS' ITEMS Bob Herman, Deputy Director/Growth Management Division, addressed the Board and introduced Bob McBeth of the Atlanta Regional Office of FEMA who, in turn, introduced various members of his staff. The Board was informed of the new Floodplain Management Criteria and presented with a current study and maps, and advised of the future steps to be taken. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Section 2.1-2 of the Monroe County Code to establish hours of sale of alcoholic beverages within Unincorporated Monroe County: establishing penalties: pro- viding for severability: providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith: pro- viding for inclusion in the Monroe County Code: and pro- viding for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. The following persons addressed the Board in favor of the proposed Ordinance: John Sutter: Jane Bowen, Tom Fouts, Jeff Thompson. The following persons spoke against the proposed Ordinance: John Richmond and Rick Berard, owners of bars and also representatives of the recently-formed organization called Bars Against Drunk Drivers CBADD), Bill Cullen, Fred Bye, Dan Hooghouse, Robert Buck, Alan Dranetz, Pat Kavanaugh, John Bartus, John Pollard, Donald Smith, Joe Ardolino. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to continue to the next Public Hearing. A Public Hearing was then held on a proposed Ordinance amending Section One of Ordinance No. 045-1987 in order to clarify that the Ordinance also constitutes an Amendment to the 1988 Edition of the Standard Fire Prevention Code: providing a revised fee schedule for Fire Safety Building Plan review and inspections by the Fire Marshal: providing for severability: providing for the repeal of all Ordinances inconsistent herewith: providing for incorporation into the Monroe County Code: and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. Joe London, County Fire Marshal, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Jones to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 002-1989 See Ord. Book No. 20 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance repealing Ordinances No. 019-1988 and 038-1988: amending Section 6.6-6, Monroe County Code, in order to provide for 094 NN the adoption of the 1988 Editions of the National Fire Protection Association (NFPA) 101, Life Safety Code and the Standard Fire Prevention Code as the minimum Fire Safety and Fire Prevention Codes for Monroe County; providing for severability; providing for the repeal of all Ordinances in conflict herewith; providing for incorporation into the Monroe County Code; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Lytton and seconded by Commissioner Harvey to read by title only. Motion carried unanimously. Joe London, County Fire Marshal, addressed the Board. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 003-1989 See Ord. Book No. 20 which is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Boundary Determinations Donald Craig, Assistant County Administrator, addressed the Board regarding Boundary Interpretation No. 22 for Lots 8 and 10, Section 11, Township 6lS, Range 39E, Key Largo. Freddy Castro, applicant, addressed the Board. The Board entered into a lengthy discussion. Tim Thomes, attor- ney representing Mr. Castro; Alice Biays, area resident; and Dagny Johnson, representing the Upper Keys Citizens Association, also addressed the Board. Motion was made by Commissioner Jones and seconded by Commissioner Stormont to uphold the Planning Director's decision for denial and to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 22, Lots 8 and 10, Section 11, Township 6lS, Range 39E, MM 103.5, Key Largo. Roll call vote was unanimous. RESOLUTION NO. 055-1989 See Res. Book No. 73 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Dent Pierce, Assistant County Administrator, addressed the Board concerning his meeting earlier today with the Interior Agency Management Committee concerning the raising of Card Sound Road and crocodile culverts. After discussion, the Board directed Mr. pierce to confer with the Sheriff's Department and Civil Defense regarding the use of portable radios by County security per- sonnel. Bob Harris of Post, Buckley, Schuh & Jernigan advised the Board that the Cudjoe Key Sheriff's Substation should be ready by the end of the month. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed holiday pay for the School Crossing Guards. Motion was made by Commissioner Lytton and seconded by Commissioner Jones to approve payment for Christmas and Easter vacations for the School Crossing Guards from the Salary Adjustment Account. Motion carried unanimously. NN" 095 The County Administrator was directed to invite the Constitutional Officers to attend the Special Meeting on January 31st regarding Budget and Capital Improvement Projects. Motion was made by Commissioner Lytton and seconded by Commissioner Stormont that the County will not particpate in the new Shared County and State Health Care Program until it becomes mandatory. Roll call vote was unanimous. Motion was then made by Commissioner Lytton and seconded by Commissioner Jones to direct the County Administrator to respond to the questionnaire as to eligibility. Motion carried unanimously. COUNTY CLERK Rosalie Connolly, Deputy Clerk, presented to the Board an invoice from Renaissance Printing, Inc. in the amount of $2,211.00 in connection with the Bond Issue and requested the Board to approve for processing. After discussion, motion was made by Commissioner Lytton and seconded by Commissioner Jones to defer action until the matter is researched. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *