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11/03/1987 Regular KK O~ Regular Meeting Board of County Commissioners Tuesday, November 3, 1987 Marathon A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the SubCourthouse in Marathon. Present and answering to roll call were Commissioner William Freeman, Commissioner Michael Puto, Commissioner John Stormont, Commissioner Eugene Lytton, and Mayor Jerry Hernandez, Jr. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. ORGANIZATIONAL MEETING Motion was made by Commissioner Freeman to nominate Commissioner Eugene Lytton as Chairman of the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to close the nominations. Motion carried unanimously. Roll call vote on the nomination of Commissioner Eugene Lytton as Chairman of the Board was una- nimous. Mayor Lytton then assumed the Chair. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to nominate Commissioner Michael Puto as Vice Chairman of the Board of County Commissioners. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to close the nominations. Motion carried unanimously. Roll call vote on the nomina- tion of Commissioner Michael Puto as Vice Chairman of the 'Board.was unanimous. Newly-elected Mayor Eugene Lytton and Vice Mayor Michael Puto were sworn into office by The Honorable M. Ignatius Lester, Circuit Judge of the 16th Judicial Circuit. Motion was made by Commissioner Freeman and seconded by Commissioner Puto that all standing committee appointments be confirmed as they exist as of this date. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman confirming the current day, time and places of meetings of the Board of County Commissioners. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolution confirming the appointment of the new Commission Chairman and Vice-Chairman. Motion carried unanimously. RESOLUTION NO. 411-1987 See Res. Book No. 62 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following I KK O~ Resolution concerning authorized signatures and also allowing a two week transition period for authorized signa- tures validating County checks. Motion carried unanimously. RESOLUTION NO. 412-1987 See Res. Book No. 62 which is incorporated herein by reference. REGULAR MEETING The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Commissioner Hernandez discussed a request from the Navy for transportation to Boca Chica Airbase. This matter was deferred to a possible Joint City/County Commission Meeting. Commissioner Hernandez discussed the issue of street lights on U.S. 1 between Stock Island and Boca Chica. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to reconsider the Board's action on October 6th concerning the lights on U.s. 1 from Stock Island to Boca Chica. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 413-1987 See Res. Book No. 62 which is incorporated herein by reference. Motion was made by Mayor Lytton and seconded by Commissioner Puto to continue to the next meeting the matter of the County Port Authority and Corps of Engineers permits. Motion carried unanimously. Commissioner Puto discussed funding for services to be provided by the Health Council of South Florida relative to trauma care. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the transfer of $5,000.00 from Contingency to fund services to be pro- vided by the Health Council of South Florida concerning trauma care. Motion carried unanimously. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman to approve all future monthly travel of Commissioner Puto to the Health Council meetings in Miami. Motion carried unanimously. Motion by Commissioner Sailing Club to November 15th. was made by Commissioner Puto and seconded Freeman to grant permission to the Marathon use Sombrero Beach on November 14th and Motion carried unanimously. Commissioner Stormont discussed the resignation of Mary Evelyn Wolfe from the Highway Beautification Committee and indicated that his new appointment was Joy Lindskold. The Board accepted the resignation of Mary Evelyn Wolfe and approved the appointment of Joy Lindskold by affirmation. Commissioner Stormont discussed a proposal for a Resolution on the issue of the Tourist Development Council and Fine Arts Council to be placed on the Agenda for the Key West meeting following the next meeting in Key West. KK 027 Commissioner Stormont requested that the County Administrator discuss the conduct of a rate study with Hazen & Sawyer under the terms of their existing contract with Monroe County and that the project be presented to DCA for approval under the terms of the contract by which DCA would provide funding for the solid waste services and report back to the Board. Commissioner Stormont discussed the Xeriscape Project which involves landscaping at the Jerry Ellis Building. This matter was referred to the County Administrator. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to authorize the advertising of an Animal Control Ordinance. Motion carried unanimously. Commissioner Stormont discussed Administrative Procedures. No action was taken. Commissioner Stormont requested a report on the peddlers' License moratorium. Commissioner Hernandez discussed a letter received from FEMA concerning the possible placement of Monroe County on probation due to the issuance of their answers to the Flood Hazard Ordinance and FEMA Regulations. Al Damron addressed the Board. This matter was referred to the County Administrator, the County Attorney, and Staff. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to state for the record that it is and has always been the policy of Monroe County to comply to the maximum extent posible with all Local and Federal laws concerning flood variances. Motion carried unanimously. Commissioner Hernandez discussed the resignation of Ms. Schweiker from the Monroe County Fine Arts Council and the procedures outlined in the County Ordinance for appoint- ments. He indicated that he had been submitted names of three individuals for his selection of an appointment and that none of those individuals were acceptable to him. After discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to decline the appoint- ment of any of the recommendations submitted by the Monroe County Fine Arts Council, namely, Peter Ilchuk, Judd Aranson or Richard Fugitt. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. It was agreed that Commissioner Hernandez would work with the Fine Arts Council in an attempt to obtain the names of potential appointments which would be acceptable to him. Commissioner Hernandez discussed a meeting of NACO in San Antonio. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve travel for all County Commissioners to a NACO Conference in San Antonio, Texas from November 19th through November 23rd. Motion carried unanimously. Motion was made by Mayor Lytton and seconded by KK 028 Commissioner Puto to adopt a Proclamation declaring November as Veterans Appreciation Month. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner to approve travel for any County Commissioner to Tallahassee to attend either Cabinet or Pre-Cabinet meetings on the County's proposed Text and Map Amendments. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the following items by unanimous consent: Board approved Tourist Development Council expenditures in the amount of $1,920.00 (Input Date 10/16/87), subject to final invoice approval by the Finance Department. Board approved Tourist Development Council expenditures in the amount of $10,643.26 (Input Date 10/9/87), subject to final invoice approval by the Finance Department. Board approved Tourist Development Council expenditures in the amount of $35,893.16 (Input Date 10/20/87), subject to final invoice approval by the Finance Department. Board approved Tourist Development Council expenditures in the amount of $86,988.02 (Input Date 10/16/87), subject to final invoice approval by the Finance Department. Board approved Tourist Development Council expenditures in the amount of $4,880.43 (Input Date 10/20/87), subject to final invoice approval by the Finance Department. Board approved Tourist Development Council expenditures in the amount of $2,352.84 (Input Date 10/20/87), subject to final invoice approval by the Finance Department. Board approved the Tourist Development Council1s Revised Trade Show Schedule (with no change to the budget of $70,000.00) as follows: DELETIONS: Eastern Airlines Trade Show, October 19-22 A.C.T.A., November 12-15 Association of Retail Travel Agents, January 14-18 ADDITIONS: Travel Fair '87, November 3 A.I.T.E., November 19-22 Board approved and authorized execution of a Lease Agreement with The School Board of Monroe County for storage space at Harris School for the Tourist Development Council. Board granted permission to dispose of a Book Drop at the Key Largo Branch Library, No. 2600-638. Board authorized an extension of the DER Water Quality Grant contract with Brian Lapointe until November 30th in order to finish data analysis and the project write-up. Board authorized H.T.E., Inc. System Change Requests to develop the planning/development tracking module of the Building Permit System in five phases at a cost of $24,000.00, excluding travel, lodging, and related expenses. KK 029 Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of William Askew for a 10 x 14 free-standing storage shed on Lot 19, Block 2, Plantation Key Colony, Coconut Palm Boulevard, Plantation Key~ Zoned IS - Improved Subdivision~ Coastal Flood Zone V-13, Panel 1131C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Jesus Barreiro for a 100 square foot enclosure in addi- tion to existing 150 square foot storage with 112 square foot enclosure of stairway - a total of 262 square feet is existing under the single-family residence on Lot 67, Port Antigua Plat No.2, West Plaza Del Lago, Lower Matecumbe Key~ Zoned IS-M - Improved Subdivision, Masonry~ Coastal Flood Zone V-17, Panel 1326C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Terence M. Dewis for the placement of a mobile home below the 100-Year Flood Elevation on Lot 5, Block 12, Harris Ocean Park Estates, Antigua Road, Key Largo~ Zoned URM - Urban Residential Mobile Homes~ Coastal Flood Zone A-16, Panel 0994C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Michael Kennedy/M. Bulger for a 252 square foot enclosure of existing stairwell for entrance to habitable space (single-family residence built in 1972, 543 square feet existing at 4.5 foot elevation - total of 3,922 square foot structure, estimated value of improvements existing on pro- perty is $83,653.00) on Lot 19, Block 2, Matecumbe Ocean - Bay, Overseas Highway, Lower Matecumbe Key~ Zoned IS - Improved Subdivision~ Coastal Flood Zone V-17, Panel 1327C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Lewis Savina for interior renovations in the amount of $15,000.00 to an existing commercial building (building built in 1981 and estimated value of improvements on pro- perty is $131,631.00) on Lots 3 and 4, Block 47, Maloney, Second Avenue, Stock Island~ Zoned MU - Mixed Use~ Coastal Flood Zone V-12, Panel 1728C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of John W. zick for a 346 square foot addition to be built below the 100-Year Flood Elevation (single-family residence built in 1964 - 4050 square feet existing - the estimated value of the improvements existing on this property are $214,000.00) on Lot 8, Block 7, Ocean Reef Plat #3, Ocean Reef Club, Key Largo~ Zoned IS - Improved Subdivision~ Coastal Flood Zone A-16, Panel 0658E. COUNTY ATTORNEY Board granted permission to advertise for Public Hearing an Ordinance amending Ordinance No. 031-1986, Section 7(c) entitled "Expenses" to provide compensation for the members of the Monroe County Comprehensive Plan Land Authority Committee, etc. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Interlocal Agreement by and between Monroe County, the Monroe County Land Authority KK 030 and the Municipal Service District of Monroe County con- cerning the development of a Feasibility and Design Study for a Solid Waste Management Facility in Monroe County. RESOLUTION NO. 414-1987 See Res. Book No. 62 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement by and between the Board of County Commissioners and Freeland Williams, M.D., concerning physicals for prospective and current employees. RESOLUTION NO. 415-1987 See Res. Book No. 62 which is incorporated herein by reference. MUNICIPAL SERVICES (WASTE) DISTRICT Board authorized the audit of the Garbage Franchisees for 1987. AIRPORT Board adopted the following Resolution authorizing the Chairman of the Board to execute a Sign Lease by and between Monroe County and Alamo Rent A Car, Inc. concerning a sign located at the Key West International Airport. RESOLUTION NO. 416-1987 See Res. Book No. 62 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Addendum to Agreement by and between Monroe County and Sundance Carriage Corp. d/b/a Dollar Rent A Car of Key West concerning premises located at the Key West International Airport. RESOLUTION NO. 417-1987 See Res. Book No. 62 which is incorporated herein by reference. EXTENSION SERVICES Board granted permission to advertise for bids for Big Pine Shoal Modular Artificial Reef. SOCIAL SERVICES Subject to receipt of proof of insurance, Board adopted the following Resolution authorizing the Mayor to execute a Contract by and between the Board of County Commissioners and Florida Health Nursing Services, Inc. concerning nursing services in connection with the Community Care for the Elderly (CCE) and the Community Care for Disabled Adults (CCDA) Programs. RESOLUTION NO. 418-1987 See Res. Book No. 62 which is incorporated herein by reference. COUNTY CLERK Board accepted the Sheriff1s Fiscal Report for the Fiscal Year ending September 30, 1987 and also Check No. 24010 in KK ,031. the amount of $532,030.51 to close out the Fiscal Year. Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of $300.001 Guillermo Marcovici, M.D., P.A., in the amount of $600.001 Tanju T. Mishara, Ph.D., in the amount of $450.00. COURT-APPOINTED ATTORNEYS, Beckmeyer, Mulick & Wolkowsky, in the amount of $261.501 Raymond O. Bodiford, in the amount of $1,263.751 Michael E. Cox, in the amount of $1,264.00; John P. Rotolo, in the amount of $350.00. OTHER EXPENSES & COSTS, Dakota County Sheriff's Department, in the amount of $13.001 Michael Estes, in the amount of $2,128.321 State of Florida, in the amount of $431.38. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $161.401 Certified Court Reporters, in the amount of $153.801 Florida Keys Reporting, in the amount of $2,033.601 Nancy J. Maleske, in the amount of $2,814.601 Nichols & Hardy Court Reporters, in the amount of $141.05. COURT INTERPRETER SERVICES, Serafin Calero, in the amount of $40.001 Juan Borges, in the amount of $240.001 Jorge Galvan, in the amount of $35.001 Irma Lopez de Pugh, in the amount of $35.001 Marie Penot, in the amount of $50.00. EXPERT WITNESS FEES, Alfred C. Bowen, M.D., in the amount of $300.00. ---- WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $2,162.00. Board approved the following Warrants: GENERAL REVENUE FUND, #77566-#78430, in the amount of $1,711,277.00. ---- SUPPLEMENT TO GENERAL REVENUE FUND, #207, in the amount of $28,689.53:- FINE & FORFEITURE FUND, #644-'650, in the amount of $1,189,120.49.- AIRPORT OPERATION & MAINTENANCE FUND, #424-#425, in the amount of $24,029.31. ROAD & BRIDGE FUND, #473-#474, in the amount of $124,161.~ - ---- MSD TAX DISTRICT, #1010-#1021, in the amount of $572,136.95. --- MSD, Marine Bank, Marathon, #396-#397, in the amount of-s88,262.87. MSD, PLEDGED FUNDS, #101-#102, in the amount of $500,000.00. LAW LIBRARY FUND, #215, in the amount of $2,000.39. KK 032 CAPITAL PROJECTS FUND, #252-#253, in the amount of $45,806.95. ---- CARD SOUND BRIDGE FUND, #194, in the amount of $11,380.6S:-- ---- WORKERS COMPENSATION, #2337-#2348, in the amount of $99,156.81. TOURIST DEVELOPMENT COUNCIL, #442-#444, in the amount of $99,731.58. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #208, in the amount of $26,153.76. TRANSLATOR FUND, #153, in the amount of $2,932.24. 610 LAND AUTHORITY TRUST ACCOUNT, #08-#13, in the amount of-sJ,774.98. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, #93-t95:-rn the amount of $176,875.61. - Board accepted Sheriff's Report of Claims in Excess of Costs for Quarter Ending 9/30/87. Board accepted Sheriff1s Report of Forfeited Vehicles/ Vessels for Quarter Ending 9/30/87. Board accepted the following Certificate of County Canvassing Board: "STATE OF FLORIDA MONROE COUNTY We, the undersigned, RICHARD G. PAYNE, County Judge, PETER K. ILCHUK, Supervisor of Elections and WILLIAM J. FREEMAN, Member of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met in the Office of the Supervisor of Elections on the 6th day of October, A.D., 1987, and pro- ceeded to publicly canvass the votes given in the County Special Referendum Election held on the 6th day of October, A.D., 1987, as shown by the returns on file in the Office of the County Judge and Supervisor of Elections, respectively. We do hereby certify from said returns as follows: QUESTION SHOULD THERE BE LEVIED, FOR A PERIOD OF FIVE YEARS WITHIN THE UNINCORPORATED AREAS OF MONROE COUNTY, FLORIDA, AND THE CITIES OF LAYTON, KEY COLONY BEACH AND KEY WEST, AN ADDITIONAL ONE CENT SALES TAX WHICH SHALL BE USED FOR THE CONSTRUCTION OR RECONSTRUCTION OF CAPITAL FACILITIES SUCH AS: RECREATIONAL FACILITIES, COURTHOUSES, PARKING, OFFICES, LANDFILLS, ROADS, BRIDGES, AIRPORT IMPROVEMENTS, LIBRARIES, PIERS, AUDITORIUMS, RIPRAP/SEAWALLS, STORM SEWERS, AND POLICE/FIRE FACILITIES? THE WHOLE NUMBER OF VOTES CAST WAS 9266 AS INDICATED BELOW FOR 4432 AGAINST 4834 /s/ RICHARD G. PAYNE County Court Judge KK 033 /s/ PETER K. ILCHUK Supervisor of Elections /s/ WILLIAM J. FREEMAN Member of the Board of County Commissioners" Board adopted the following Resolutions concerning receipt of unanticipated funds for the year 1986-87. RESOLUTION NO. 419-1987 RESOLUTION NO. 420-1987 See Res. Book No. 62 which is incorporated herein by reference. Board adopted the fOllowing Resolution concerning receipt of unanticipated funds for the year 1987-88. RESOLUTION NO. 421-1987 See Res. Book No. 62 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1986-87. RESOLUTION NO. 422-1987 See Res. Book No. 62 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1987-88. RESOLUTION NO. 423-1987 See Res. Book No. 62 which is incorporated herein by reference. Motion carried unanimously. Commissioner Freeman discussed the request of the TDC to approve contracts with Tinsley Advertising, Stuart Newman Associates and Keys Advertising & Marketing, Inc. He requested copies of the contracts. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to continue this item until receipt of copies of the pro- posed contracts at the next meeting. Mayor "Mickey" Feiner addressed the Board concerning the matter. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes No Yes Yes Motion carried. Commissioner Stormont discussed the request for approval of the IBM System/36 training. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the proposal submitted by Nick E. Silverio and Associates, Inc. for training personnel on the System/36 Displaywrite and Personal Services software, said proposal being dated October 19, 1987. Motion carried unanimously. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the New Port Largo suit, the Ashe case, and the Feldstein case. KK 034 Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution to authorize the execution of an amendment to the County Attorney's contract, increasing it by $6,300.00, pursuant to the Board's action in the 1987-88 Budget process. Motion carried unanimously. RESOLUTION NO. 424-1987 See Res. Book No. 62 which is incorporated herein by reference. Mr. Proby discussed a matter concerning Dent Pierce, the Public Works Director, and involving a catch basin on Stock Island. He indicated that the contractor, Utility Contracting of Murfreesboro, was having difficulty in obtaining a $1,000,000.00 bond. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to reduce the requirement of the Performance Bond to $500,000.00. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve payment of a bill to Floyd, Pearson law firm in the amount of $27,577.50 plus costs in the amount of $1,846.86 in connection with the New Port Largo case. Motion carried unanimously. Commissioner Stormont discussed Mr. Proby's expressed intention of shortly leaving the County's service. Mr. Proby acknowledged that he is planning to retire in February. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize the County Administrator to advertise the position at a salary of $50,000.00 with negotiations, and appointing a committee consisting of the Administrator, the County Attorney, and the Mayor to screen the applicants for a referral to the Board. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Hernandez Yes No Yes Yes Yes Motion carried. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman declaring an emergency exists and waiving notice by a four-fifths vote; waiving the requirements of advertising under the provisions of Florida Statutes 125.66; amending Ordinance No. 031-1986, Section 4(1) in order to clarify that Land Authority rules may be adopted by Resolution; providing for severability; providing for repeal of all Ordinances inconsistent herewith; and pro- viding an effective date. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 041-1987 See Ord. Book No. 15 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution authorizing the Mayor to execute a Consulting KK ros Agreement by and between the County and Victor N. DeCario & Associates, Inc. concerning the implementation of a Geographic Information System. Motion carried unanimously. RESOLUTION NO. 424A-l987 See Res. Book No. 62 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor/Chairman of the Board to execute a Major Development Application Agreement and Release between Monroe County and Twin Harbors, Inc. con- cerning the project known as Twin Harbors Resort. Motion carried unanimously. RESOLUTION NO. 425-1987 See Res. Book No. 62 which is incorporated herein by reference. MUNICIPAL SERVICES (WASTE) DISTRICT Charles Aguero, MSD Director, addressed work on a permanent application by Post, Buckley, Schuh & Jernigan concerning a project to extend the life of the Key Largo Landfill. Mr. Aguero advised the Board that he had visited and discussed with Mr. Miller his site and equipment for crushing white goods. He indicated that he would continue to investigate this matter. AIRPORTS Motion was made by Commissioner Hernandez and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Chairman of the Board to execute a Lease Agreement by and between Monroe County and Five 66666 Cab Company, Inc. concerning a gazebo located at the Key West International Airport. Motion carried unanimously. RESOLUTION NO. 426-1987 See Res. Book No. 62 which is incorporated herein by reference. ENGINEERING Bob Harris of Post, Buckley, Schuh & Jernigan discussed the lightning arrestor system at the Jerry Ellis Building in Plantation Key. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve a Change Order which would delete the lightning arrestor system and allow a credit in the amount of the Change Order towards the retainage and that the amount of the credit would be applied by the County towards the purchase of surge protection equipment. Motion carried unanimously. PUBLIC WORKS Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the Public Works Department to purchase a new generator for Pigeon Key in an amount not to exceed $10,000.00, funding to come from Contingency. Motion carried unanimously. PLANNING, BUILDING ~ ZONING Donald Craig, Director, discussed the reorganiza- tion of the Department, the transmittal of the Text and Map KK 036 Amendments on October 21st to DCA, pending Text and Map Amendments for the second six months which he approximated to be between sixty and one hundred applications, and the filling of the vacant positions in the Department. Mr. Craig made the announcement of the appointment of Mr. Bob Herman as Deputy Director of the Planning, Building & Zoning Department and advised that he would continue to perform the functions of the Building Official until January, when a new Building Official would be hired. Mr. Craig discussed the completion and forwarding of a Quarterly Compliance Report to DCA for the grant funding. He discussed a memorandum dated October 26th concerning the extension of the DER Water Quality Study Grant. Mr. Craig reported on the current status of the Rodeway Inn Sign Appeal as requested by Frank Greenman, attorney representing the Rodeway Inn in Marathon. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution regarding the Planning Commission's Text Amendment. Motion carried unanimously. RESOLUTION NO. 427-1987 See Res. Book No. 62 which is incorporated herein by reference. Mr. Craig reported to the Board on the current sta- tus of the Sign Ordinance. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to authorize the advertisement of an Ordinance concerning additional compensation for the Planning Commission members, to be funded from the Planning, Building & zoning Fund. Roll call vote ~as unanimous. Mr. Craig presented to the Board and discussed the Commercial Fishing Registration for the Marathon Area. The Director discussed receipt of proposals for work on the Habitat Conservation Plan. He recommended that the bids that had been received be rejected and that the S~aff be authorized to re-advertise. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to approve the request to reject the Habitat Conservation Plan bids and to re-advertise. Motion carried unanimously. MUNICIPAL SERVICE TAXING DISTRICTS Mayor Lytton discussed District 2 and District I-D meetings. The Board recessed for lunch. * * * * * MUNICIPAL SERVICES TAXING DISTRICT NO. 2 -- BOARD OF GOVERNORS The Board of Governors of Municipal Services Taxing District No. 2 convened. Present and answering to roll call were Samuel "Mickey" Feiner, William Freeman, Jerry Hernandez, Jr., Russell Radom, and Chairman Michael Puto. Reggie paros, Emergency Services Director, addressed the Board and discussed his memorandum dated October 30, 1987 concerning the County assuming the opera- tion of the Ambulance Service in the Marathon and Big Pine KK 037 Area, effective Midnight on November 4th. Motion was made by Commissioner Radom and seconded by Commissioner Feiner to authorize the County Attorney to prepare the necessary County Ordinance changes to provide for user fees. Motion carried unanimously. Jane Reynolds of Big Pine Key addressed the Board. Motion was made by Commissioner Radom that the District 2 Board of Governors continue the use of the existing fee schedule utilized by Fisherman's Hospital. During discussion, motion was withdrawn. Motion was made by Commissioner Radom and seconded by Commissioner Freeman to authorize Staff to develop a fee schedule. Motion carried unanimously. Motion was made by Commissioner Radom and seconded by Commissioner Freeman to authorize Staff to pre- pare and advertise a Request For Proposals for billing and collection services. Motion carried unanimously. Motion was made by Commissioner Radom and seconded by Commissioner Freeman to authorize the County Administrator and the Emergency Services Director to negotiate with Fisherman's Hospital for an extension of the operation of the Ambulance Service by the Hospital for an additional thirty days. During discussion, motion was withdrawn. Motion was made by Commissioner Freeman and seconded by Chairman Puto authoriz- ing the Emergency Services Director to make the necessary internal transfers to begin County operation of the Ambulance Service in Marathon and Big Pine Key. Roll call vote was unanimous. Ian Wright addressed the Board. There being no further business, the meeting of the Board of Governors of Municipal Services Taxing District No. 2 adjourned. * * * * * The Regular Meet~ng of the Board of County Commissioners reconvened with all Commissioners present. EMERGENCY SERVICES The Board discussed the actions concerning the Ambulance Service at Fisherman's Hospital as related to District No. I-D, Big Pine Key. Al Damron of Big Pine Key addressed the Board concerning this matter. Motion was made by Commissioner Puto and seconded by Commissioner Freeman ,to authorize the County Attorney to prepare the necessary County Ordinance changes to provide for user fees, to authorize Staff to develop a fee schedule, and to authorize Staff to prepare and advertise a Request For Proposals for billing and collection services. Motion carried unani- mously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve and authorize execution of the Class A Emergency Medical Services Certificate of Public Convenience and Necessity issued to the Monroe County Board of County Commissioners, Emergency Services Department, to include the areas generally known as: Kemp Channel and the Seven Mile Bridge: Little Duck Key north to Banana Boulevard, Valhalla Beach and the City of Key Colony Beach: and Banana Boulevard, Valhalla Beach, north to Long Key Bridge: and upgrade to ALS Transport. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Chairman to execute an Agreement by and bet- ween the Board of County Commisioners and Professional Emergency Services, Inc. concerning the performance and ser- vices of Medical Director: with an Amendment in Article I KK '038 providing that the Agreement covers Districts I-A through 4-B, but excludes Districts 5 and 6~ and, furthermore, that clerical support would be provided through the office of the EMS Director. Motion carried unanimously. RESOLUTION NO. 428-1987 See Res. Book No. 62 which is incorporated herein by reference. SOUNDING BOARD FOR PUBLIC INPUT David Makepeace of Coral Shores School addressed the Board concerning their request for $7,500.00 for comple- tion of work at the tennis courts at Coral Shores School. Mr. Makepeace advised the Board that this was a community recreation area which was available at certain times of the day to all of the citizens in the Upper Keys. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to authorize the use of $7,500.00 of impact fees for Parks and Recreation from the Upper Keys District, subject to the receipt of a written opinion by the County Attorney relative to the use of those funds. Jane Reynolds of Big pine Key addressed the Board. Motion carried unanimously. SOCIAL SERVICES Motion was made by Commissioner Hernandez and seconded by Commissioner Stormont to approve and authorize execution of a contract between Monroe County and the Department of Health and Rehabilitative Services (Monroe County Public Health Department). Susan Wilson of the Monroe County Health Department and Louis LaTorre, Social Services Director, addressed the Board concerning the contract. Motion carried unanimously. PLANNING, BUILDING & ZONING Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to deny, per staff con- ditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Jose Sanchez for a 60 square foot bathroom facility under the existing single-family residence on Lot 6, Block 6, Winston Waterways, La Paloma Road, Key Largo~ Zoned IS - Improved Subdivision~ Coastal Flood Zone A-16, Panel 1006C. Motion carried unanimously. Brian Schmitt addressed the Board concerning his Application for Variance to the Flood Hazard Ordinance for a 50 square foot bathroom at the pool area on Lots 19 and 20, Block 58, Crains, Flagler Road, Grassy Key~ Zoned IS - Improved Subdivision~ Coastal Flood Zone V-17, Panel 1289C. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the Application, based upon the handicapped situation of the applicant. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton No Yes Yes No No Motion failed. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance providing for the creation of a Beach and Shore Preservation KK 039 Authority; providing for membership of said Authority; pro- viding for the hiring of personnel; providing for the creation of Special Districts; providing for the functions, powers and responsibilities of said Authority; providing for severability; providing for repeal of all Ordinances in conflict 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 Hernandez and seconded by Commissioner Freeman to continue to the next Key West meeting. Motion carried unanimously. A Public Hearing was then held on a proposed Ordinance amending Sections 1-101 and 102, Monroe County Land Development Regulations, in order to provide that Chapter Twelve, Impact Fees, apply in the Cities of Key Colony Beach and Layton to the extent authorized by Article 8, Section l(f), Florida Constitution; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 042-1987 See Ord. Book No. 15 which is incorporated herein by reference. A Public Hearing was then held on a proposed Ordinance amending Section 2-13(A) of the Monroe County Code concerning Emergency "911" Telephone Service, as provided for in Florida Statutes, Section 365.171(13), in that part of Monroe County, Florida from Long Key Bridge North to the Dade County Line, including all of Municipal Service Taxing or Benefit Districts 4-A, 4-B, 5, 6 and 7; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; pro- viding for inclusion in the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 043-1987 See Ord. Book No. 15 which is incorporated herein by reference. The Board of County Commissioners recessed. * * * * * MUNICIPAL SERVICES TAXING DISTRICT NO. 2 -- BOARD OF GOVERNORS The Board of Governors of Municipal Services Taxing District No. 2 convened. Present and answering to roll call were Commissioner William Freeman, Commissioner Jerry Hernandez, Jr. and Chairman Michael Puto. A Public Hearing was held on a proposed Ordinance amending Section 2-14(A) of the Monroe County Code con- cerning Emergency "911" Telephone Service, as provided for KK 040 in Florida Statutes, Section 365.171(13), in that part of Monroe County, Florida from the Seven-Mile Bridge through the Long Key Bridge, including all of Municipal Service Taxing or Benefit Districts 2 and 3; providing for severabi- lity; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; providing for inclusion in the Monroe County Code of Ordinances; and pro- viding for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 044-1987 See Ord. Book No. 15 which is incorporated herein by reference. There being no further business, the Board of Governors of Municipal Services Taxing District No. 2 adjourned. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance relating to Blasting and Explosives. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Fay Daniels, and Bill Grimes of the Port Pine Heights Property Owners Association addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue to the next Public Hearing. Motion carried unani- mously. A Public Hearing was then held on a proposed Ordinance providing for a Life Safety Plan Review Fee for the Monroe County Fire Marshal by adding a new section to Chapter 6.6 of the Standard Fire Prevention Code, as amended; providing for repeal of Laws and Ordinances in conflict; providing for severability; providing for inclu- sion in the Code of Ordinances; and providing for an effec- tive date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Joe London, Fire Marshal, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 045-1987 See Ord. Book No. 15 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 031-1986 by adding Subsection b. to Section 12 to provide for reimbursement of all necessary expenses, including per diem and travel exepnses for the Executive Director and Staff of the Monroe County Land Authority; providing for severability; providing for the KK 041 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 Mayor Lytton and seconded by Commissioner Stormont to continue this matter to the Land Authority meeting later in the day. Motion carried unanimously. A Public Hearing was held on a proposed Ordinance amending Monroe County Code, Section 19-95 concerning Abandoned Vehicles and Section 19-96 concerning Abandoned Watercraft; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for inclusion in the Monroe County Code; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 046-1987 See Ord. Book No. 15 which is incorporated herein by reference. A Public Hearing was then held on a proposed Ordinance providing that Monroe County Code Enforcement Officers and Municipal Service District Hazardous Waste Inspectors be deemed Enforcement Officers for the purpose of enforcing Florida Statute 705.16 pertaining to procedures for removal and destruction of abandoned, wrecked, or dere- lict property located on either public or private property; adopting by reference Section 705.16 of the Florida Statutes; providing for severability; providing for the repeal of all Ordinances in conflict; providing for incor- poration into the Monroe County Code of Ordinances; and pro- viding for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 047-1987 See Ord. Book No. 15 which is incorporated herein by reference. The Board reconsidered the Public Hearing on the proposed Ordinance amending Ordinance No. 031-1986 by adding Subsection b. to Section 13 to provide for reimbursement of all necessary expenses, including per diem and travel ex- penses, for the Executive Director and Staff of the Monroe County Land Authority; 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 entered into the record. There was no public input. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 048-1987 See Ord. Book No. 15 which is incorporated herein by reference. * * * * * KK 042 BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals with all members present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue the appeal by Martin Luther Chapel, Inc. to the next meeting. Motion carried unanimously. The meeting of the Board of Appeals adjourned. * * * * * AWARDING OF BIDS The following individuals addressed the Board con- cerning their proposals for the leasing of the Driftwood Restaurant at Higgs Beach for a food and beach concession: Steve Bredth of Gloria's Garden, John Reed of Jamaica John's, J. R. Armantrout of T.N.T. Hots, and Charles J. Mendola. It was agreed that this item would be continued for further consideration at the November 17th meeting. The following bids were received for the Installation, Repair and Maintenance of Daybeacons at Selected Channel Sites in the Florida Keys: Frank Keevan & Son, Inc. 2nd Street, Stock Island Key West, Fl. 33040 $ 5,300.00 Marine Construction P. O. Box 575 Key Colony Beach, Fl. 33051 $ 6,940.00 Motion was made by Commissioner Puto and seconded by Commissioner Freeman to award the bid for the Installation, Repair and Maintenance of Daybeacons at Selected Channel Sites in the Florida Keys to Frank Keevan & Son, Inc. in the amount of $5,300.00. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed a letter from Acting City Manager Peter Horton concerning a Joint City/County Commission Meeting. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to call a Special Joint City/County Commission Meeting on November lOth at 10:00 a.m. at the Key West City Hall. Motion carried unanimously. Mr. Brown discussed the receipt of Solid Waste and Library Impact Fees from the K-Mart Project. Motin was made by Commissioner Freeman and seconded by Commissioner Puto to authorize payment of the following invoices: 1. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $395.98, for payment of professional services through September 1987, Invoice No. 3846. 2. South Florida Regional Planning Council, in the amount of $9,834.31, for 1987/88 Membership Fee. KK ;043 3. Frank Keevan & Son, Inc., in the amount of $4,700.00, for emergency removal of downed trees. 4. Neblett and Sauer, P.A., in the amount of $624.10, for professional services in re Overlock vs. Staubitz vs. Monroe County. 5. C & E Construction Co., in the amount of $4,200.00, for Final Payment of Lighting Improvements at Harry Harris Park. 6, Post, Buckley, Schuh & Jernigan, Inc., in the amount of $152.00, for payment of Invoice No. 9 regarding Plantation Key Government Center Wastewater Treatment Plant. 7. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,096.17, for payment of Invoice No. 4 regarding Interior Finishing of Third Floor Jail Addition. 8. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,669.50, for payment of Invoice No.4 regarding County Clerk's Space and Judge's Chamber/Courtroom Conver- sions. 9. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,230.00, for payment of Invoice No.4 regarding Sheriff's Sub- . station and Administration Office on Cudjoe Key. 10. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $500.00, for payment of Invoice No. 3 (Final) regarding Truman School Facilities Structural Analysis & Planning Study. 11. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $578.68, for payment of Invoice No. 3 regarding EOC Radio Building Structural Analysis & Planning Study. 12. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $2,320.63, for payment of Invoice No. 7 regarding Environmental Per- mitting Higgs Beach Pier. 13. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $869.08, for payment of Invoice No. 4 regarding Repairs/Modifica- tions to Gun Mounts, Higgs Beach. 14. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,350.07, for payment of Invoice No. 2 regarding White Street Pier Permitting. 15. David Paul Horan & Associates, P.A., in the amount of $127.50, for professional services re Monroe County vs. State of Florida. 16. Neblett and Sauer, P.A., in the amount of $262.50, for professional services re KK 044 Wedzicha vs. Monroe County. 17. Stephens, Lynn, Chernay & Klein, in the amount of $95.37, for professional services re Ashe vs. Monroe County. 18. Public Finance Management, Inc., in the amount of $2,500.00, for professional fees, October Retainer. 19. Florida Association of Counties, in the amount of $5,072.00, for payment of 1987/88 Membership Dues and Special Assessment. Motion carried unanimously. Motion was made by Commissioner Puto and by Commissioner Freeman to appointTy Symroski of Planning Department as Local Census Coordinator. carried unanimously. seconded the Motion Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to authorize the County Public Works Department to construct a handicapped ramp at the Florida Keys Youth Club at the approximate cost of $3,500.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve travel for Commissioner Hernandez to a Beach Advisory Meeting on November 9th in Tallahassee. Motion carried unanimously. PUBLIC HEARINGS There was a continuation of the Public Hearing regarding a proposed Ordinance establishing special assessments and service charges for garbage collection rates for residential and commercial collection service from January 1, 1988 through December 31, 1988; repealing all Ordinances in conflict with this Ordinance; providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to adopt the Ordinance. Commissioner Stormont discussed the effect of the adoption of this Ordinance on estimated revenues and requested MSD to prepare and submit a new budget with corresponding changes and impacts on the amounts paid to Franchisees for future consideration and action of the Board. ORDINANCE NO. 049-1987 See Ord. Book No. 15 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. and seconded by tisement of the unanimously. Motion was then made by Commissioner Puto Commissioner Freeman to authorize the adver- necessary Budget Amendments. Motion carried KK 045 MUNICIPAL SERVICES (WASTE) DISTRICT Peter Robinson of Hazen & Sawyer presented to the Board a Solid Waste Energy Management Plan. No action was taken. There being no further business, the meeting was adjourned. * * * * *