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12/01/1987 Regular KK '65 Regular Meeting Board of County Commissioners Tuesday, December I, 1987 Plantation Key A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Plantation Key Government Center. Present and answering to roll call were Commissioner William Freeman, Commissioner Jerry Hernandez, Jr., Commissioner John Stormont, and Mayor Eugene Lytton. Absent from the meeting was Commissioner Michael Puto. 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. Mayor Lytton advised the Board that Commissioner Puto was away on Tourist Development Council business and that, for this meeting, Commissioner Freeman would be Acting Mayor Pro Tern. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Mayor Lytton made a presentation of a 25-Year Service Plaque to Lenora Albury, Manager, Key Largo Branch Library. Mayor Lytton discussed a possible exchange of fifty-one acres of County-owned property on Upper Sugarloaf for twenty-five acres adjacent to the Long Key Landfill. He read a letter from DNR concerning their acquisition program and also discussed a current controversy with the Audubon Society concerning the location of a dump in Hernando County. Mayor Lytton discussed the Lighthouse Restoration Project. No action was taken. Motion was made by Mayor Lytton and seconded by Commissioner Hernandez to approve travel for any County Commissioner to attend a meeting of the Florida Association of Counties in Orlando on December 14th. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed his memorandum dated November 22nd regarding the jail over- crowding situation. Motion was made by Commissioner Stormont to approve the County Administrator's recommen- dations as set out in the foregoing memorandum. Motion died for lack of a second. The Board then discussed the matter. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to direct the County Engineer, the County Administrator and the Sheriff to proceed immediately with the construction of the third floor of the jail and to designate someone from the existing Public Works staff to serve as Clerk of the Works. Motion carried unanimously. KK 66 Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to appoint the County Administrator, the Sheriff and Bob Harris of Post, Buckley, Schuh & Jernigan to a committee to study and make recommendations concerning the expansion of the jail facilities in the Upper Keys. Motion carried unanimously. Sheriff Freeman addressed the Board and announced that he had reopened the Stock Island facility. Mr. Brown discussed the parking situation in Jackson Square. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman directing the Public Works Director to allocate to the Sheriff twenty-four slots adjacent to his building for his use. Motion carried unani- mously. COMMISSIONERS' ITEMS Commissioner Hernandez read a letter from Senator Lawton Chiles concerning beach renourishment. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize travel <tentatively set for December 8) for any County Commissioner to Jacksonville to discuss beach restoration with the Army Corps of Engineers. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Lytton Yes Yes No Yes Motion carried. The Board then discussed the Beach Authority. Motion was made by Commissioner Hernandnez and seconded by Commissioner Freeman authorizing the County Attorney to advertise for one Public Hearing a proposed Ordinance creating Beach and Shore Preservation Authority District Advisory Boards. Motion carried unanimously. Mayor Lytton then discussed a letter from the City of Key West concerning the use of TDC funds. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt, as amended, the following Resolution approving the expenditure of $300,000 of tourist development tax revenues for beach improvements and the realignment of Higgs Beach and Smathers Beach. Motion carried unanimously. RESOLUTION NO. 449-1987 See Res. Book No. 63 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to approve Commissioner Stormont's reappointment of Sue Spence to the Florida Keys Council for the Handicapped for a term of three years. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to approve Commissioner Stormont's reappointment of Susan F. Dalrymple to the Florida Keys Council for the Handicapped for a term of three years. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Stormont to postpone to the second meeting in January the proposed revised Administrative Procedures so as to receive input from the County KK 67 Commissioners. Motion carried unanimously. Mayor Lytton discussed amendments to the Fine Arts Council Ordinance. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman directing the County Attorney to request any recommendations for changes to the Monroe County Fine Arts Council Ordinance from the Fine Arts Council. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Hernandez to approve Commissioner Freeman's appointment of Victoria L. Roush to the Tourist Development Council. Motion carried unanimously. Commissioner Stormont discussed a Temporary Trauma Agreement with Baptist Hospital. Motion was made by Commissioner Hernandez to table. The motion to table died for lack of a second. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, a Memorandum of Understanding with Baptist Hospital of Miami and directing Emergency Medical Services personnel to execute protocols with the various EMS Service Districts to effect the Memorandum's temporary relationship for severe trauma-related emergency health care in Monroe County, subject to review by the Clerk and the County Attorney. RESOLUTION NO. 450-1987 See Res. Book No. 63 which is incorporated herein by reference. During discussion, motion was made by Commissioner Hernandez to postpone for two weeks. Motion died for lack of a second. Roll call vote on the original motion was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Lytton Yes No Yes Yes Motion carried. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution amending Resolution No. 321-1987 authorizing the County Engineer to submit an application to the Department of Natural Resources for a Florida Recreation Development Assistance Program Grant for the purpose of repair/ replacement of the Higgs Beach Pier, rehabilitation of existing picnic pavilions, and for the construction of a bicycle path at Higgs Beach. Motion carried unanimously. RESOLUTION NO. 451-1987 See Res. Book No. 63 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to approve Commissioner Stormont's appointments of Jackie Brown to the Library Board, Beverly Brogan to the Commission on Status of Women, and Neil Boyce to the Tourist Development Council. Motion carried unanimously. Commissioner Hernandez discussed an invitation to Mr. Kirby Green of the Department of Natural Resources to KK 68 visit Monroe County to review the possible renourishment projects. The Board agreed to exend the invitation. Motion was made by Mayor Lytton and seconded by Commissioner Freeman to approve the appointment of Commissioner Hernandez as the County's liaison to the Truman Annex development. Motion carried unanimously. Mayor Lytton announced to the public that due to the absence of Commissioner Puto and the members from Key Colony Beach, there would be no quorum for the District 2 Board meeting tentatively set for 1:30 p.m. and, therefore, the meeting would be cancelled. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the following items by unanimous consent: Board approved the purchase of the following IBM computer equipment: Social Services-Nutrition Program: 1 3196 Display Station (122 Character Keyboard) I 3197 Display Station (122 Character Keyboard) 1 Quietwriter III Printer W/Features 8362, 7840 and 7880 $ 777.00 1,137.00 1,380.00 2,264.00 157.00 777.00 84.00 591.00 346.00 Total $ 7,513.00 $7,500.00: Assistant County Administrator 1 PS/2 Model 50 1 Monochrome Display Model 8503 1 3196 Display Station (122 Character Keyboard) 1 DOS V 3.3 1 36/38 Workstation Emulation 1 DW/4 Board approved the following transfer of FROM Data Processing, Account 080002-513-461, Maint. of Bldgs TO Public Works, Account 090300-519-461, Maint. of Bldgs Board approved and authorized execution of Change Order No. 1 to the November 3, 1987 Contract with Victor N. DeCario & Assoc., Inc. in order to establish a contract cap of $50,000.00 and a contract effective date of September 20, 1987. Board approved and authorized the refund of $75.00 to Glenn Boe of Town Square Mall inasmuch as the Building Permit application fee was paid twice (Permit C22676, Receipts #430223/#432455). Board approved the request from the Girl Scout Council of Tropical Florida for the use of Harry Harris Park on February 27, 1988 from 10:00 a.m. to 3:00 p.m. Board approved TDC expenditues in the amount of $7,574.64 (Input Date of 11/12/87), subject to final invoice approval by the Finance Department. Board approved TDC expenditures in the amount of $148,468.53 (Input Date of 11/12/87), subject to final KK 69 invoice approval by the Finance Department. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Enrique Herrera for a 55~ square foot addition to existing 12 x 12 storage shed for additional storage only on Lot 18, Block M, North Marathon Shores, Tuna Drive, Marathon: Zoned IS - Improved Subdivision: Coastal Flood Zone A-13, Panel l58lC. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Everett T. and virginia G. Johnston to enclose the existing carport - 222 square feet (existing structure built in 1973, 1077 square foot existing single-family residence) on Lots 24 and 25,_Block 3, Ocean Isles Estates, Andros, Key Largo: Zoned IS - Improved Subdivision: Coastal Flood Zone A-16. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Patrick J. Ruberto for a 32~ x 40 square foot enclosure on Lot 2, Block 5, Key Haven, Tenth Addition, Floral, Key Haven: Zoned IS - Improved Subdivision: Coastal Flood Zone A-lO, Panel l728C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of M. L. Schieferle for a 570 square foot enclosure for storage only below the existing single-family residence on Lot 25, Roosevelt Point, 70th Street, Gulf, Key Vaca: Zoned IS - Improved Subdivision: Coastal Flood Zone A-13, Panel l58lC. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Jack Vandelaar for two 12 x 24 garages under house which is under construction on Lot 16, Block 30, Key Largo Park, Lake Shore Drive, Key Largo: Zoned IS - Improved Subdivision: Coastal Flood Zone V-16, Panel 1006C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Robert L. Windsor for the construction of a 200 square foot shed on Lot 81, Little Venice, 3rd Avenue, Ocean, Key Vaca, Zoned IS - Improved Subdivision: Coastal Flood Zone A-13, Panel l581C. Board instructed the Tax Collector to issue a Duplicate Tax Sale Certificate to Mrs. John Brantner inasmuch as the ori- ginal Tax Sale Certificate No. 1310 issued in 1981 in the sum of $81.04 has been lost or destroyed. COUNTY ATTORNEY Board granted permission to advertise a Notice of Public Hearing concerning the road abandonment petition of Breezeswept Beach Motel and Marina, Inc. (Trinidad Road, Ramrod Key). Board adopted the following Resolution authorizing the Mayor to execute a Supplement to Agreement for Purchase of IBM Machines (Invoice in the amount of $8,358.00) concerning certain computer equipment. RESOLUTION NO. 452-1987 See Res. Book No. 63 which is incorporated herein by KK 70 reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute a Special Warranty Deed between Monroe County, Grantor, and Theodore S. Dzik and Elaine Dzik, Grantees, concerning reconveyance of the Dzik's property in consideration of payment of the Municipal Service District Lien levied against their property, including attorney's fees. RESOLUTION NO. 453-1987 See Res. Book No. 63 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman to execute an Agreement by and between Monroe County and Help Line, Inc. concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 454-1987 See Res. Book No. 63 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute an Agreement for Baker Act Matching Funds by and between the Board and the Mental Health Care Center of the Lower Keys, Inc. concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 455-1987 See Res. Book No. 63 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 Monroe County and Hospice of the Florida Keys, Inc. concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 456-1987 See Res. Book No. 63 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute an Agreement by and between the Board and the Mental Health Care Center of the Lower Keys, Inc. concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 457-1987 See Res. Book No. 63 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 Monroe County and the Monroe Association for Retarded Citizens concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 458-1987 See Res. Book No. 63 which is incorporated herein by reference. Board granted permission to advertise for Public Hearing a proposed Ordinance regarding Fishing Occupational Licenses. Board granted permission to advertise for Public Hearing a proposed Ordinance regarding Abatement of Nuisances. KK ?~ AIRPORTS Board adopted the following Resolution authorizing the Chairman of the Board to execute a Sign Lease by and between Monroe County and Budget Rent A Car concerning two signs located at the Key West International Airport. RESOLUTION NO. 459-1987 See Res. Book No. 63 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute a Sign Lease by and between Monroe County and Budget Rent A Car concerning a sign located at the Marathon Airport. RESOLUTION NO. 460-1987 See Res. Book No. 63 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute a Display Lease by and bet- ween Monroe County and Light Flight Productions concerning a display of photographs at the Key West International Airport. RESOLUTION NO. 461-1987 See Res. Book No. 63 which is incorporated herein by reference. ENGINEERING Board approved and authorized execution of Change Order No. 2 for The Brewer Company of Florida, Inc. in connection with the Big Pine Key Roads II Roadway Improvements Project reflecting a net decrease of $633.24. EXTENSION SERVICES Board adopted the following Resolution approving the State of Florida Department of Natural Resources Boating Improvement Fund Project Application for channel marker repair at Cow Key and Boca Grande. RESOLUTION NO. 462-1987 See Res. Book No. 63 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute an Agreement by and between Florida Keys Artificial Reef Association and the Board concerning the sinking of the Coast Guard Cutters USS BIBB and USS DUANE. RESOLUTION NO. 463-1987 See Res. Book No. 63 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute an Agreement by and between Florida Keys Artificial Reef Association and the Board concerning the construction of the Big Pine Shoal Modular Artificial Reef. RESOLUTION NO. 464-1987 See Res. Book No. 63 which is incorporated herein by reference. Board accepted the recommendation of the Extension Services KK 72 Director to withdraw the application for the Derelict Vessel Removal Grant due to waste disposal restrictions within the County. PLANNING, BUILDING ~ ZONING Board accepted the Application For Determination Of Vested Rights filed by James J. Parrish and Theresa P. Parrish. Board accepted the Application For Determination Of Vested Rights filed by First Federal Savings and Loan, Angelo Clasca, and Banco Industrial de Venezuela, C.A. COUNTY ADMINISTRATOR Board authorized payment of the following invoices: 1. Siemon, Larsen, Mattlin & Purdy, in the amount of $349.55, for payment of professional services in re Hopping vs. Monroe County (Port Bougainville Appeal). 2. David Paul Horan & Associates, P.A., in the amount of $37.50, for payment of professional services in re Monroe County vs. Graham. 3. Vernis & Bowling, P.A., in the amount of $20.00, for payment of professional services in re Kraemer vs. Florida DOT, et al. 4. Vernis & Bowling, P.A., in the amount of $87.72, for payment of professional services in re Beatty vs. Monroe County. 5. Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh, in the amount of $3,312.61, for payment of professional services in re New Port Largo vs. Monroe County. Board adopted the following Regular Meeting Schedule for January through June, 1988: Date Of Meeting January 5, 1988 January 19, 1988 February 2, 1988 February 16, 1988 March 1, 1988 March 15, 1988 AprilS, 1988 April 19, 1988 May 3, 1988 May 17, 1988 June 7, 1988 June 21, 1988 Place of Meeting Key West - Courtroom B Elks Club - Tavernier Marathon - SubCourthouse Key West - Courtroom B Plantation Key - Govt Center Key Colony Beach - City Hall Key West - Courtroom B Elks Club - Tavernier Marathon - SubCourthouse Key West - Courtroom B Plantation Key - Govt Center Key Colony Beach - City Hall Board approved Administrative Order #1-31 regarding Purchase Authorizations: said Order replaces Administrative Orders '1-29 and '1-30. Board authorized payment of the following travel-related expenditures of the candidates for Planning Director: V. C. Seth John Schlegel Don Craig $143.10 $148.94 $155.51 KK 73 COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of $975.00: Guillermo Marcovici, M.D., P.A., in the amount of $600.00: Mental Health Care Center of the Lower Keys, in the amount of $350.00: Tanju T. Mishara, Ph.D., in the amount of $750.00: A. Louis O'Connor, Ph.D., in the amount of $200.00. COURT-APPOINTED ATTORNEYS, Charles M. Milligan, in the amount of $848.25: Lissa C. pancare, in the amount of $2,418.50: T. Nicholas Thomes, in the amount of $350.00: Erol M. Vural, in the amount of $5,460.25. OTHER EXPENSES & COSTS, Louis J. Spallone, Clerk, in the amount of $400.00: State of Florida, in the amount of $826.52. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $215.00: Florida Keys Reporting, in the amount of $314.00: Nancy J. Maleske, in the amount of $1,497.00: Terry Moran Court Reporter, in the amount of $447.60: Nichols & Hardy Court Reporters, in the amount of $177.40. COURT INTERPRETER SERVICES, Joy Caldarella, in the amount of $35.00: Serafin Calero, in the amount of $30.00: Manuel J. Marcial, in the amount of $75.00: Maria Sardina, in the amount of $35.00. EXTRADITION COSTS, william A. Freeman, Jr., in the amount of $2,695.75. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $2,473.64: Regular Witness Fees, in the amount of $260.00. Board approved the following Warrants: GENERAL REVENUE FUND, #79200-#79589, #79592-#79930, in the amount of $1,418,804.39. SUPPLEMENT TO GENERAL REVENUE FUND, 1210, in the amount of $8,3l2.41.--- ---- FINE & FORFEITURE FUND, #657-#659, in the amount of $38,909.4~ - AIRPORT OPERATION & MAINTENANCE FUND, #428-#429, in the amount of $3,762.18. ROAD & BRIDGE FUND, #477-#478, in the amount of $3ll,086.~ - ---- MSD TAX DISTRICT, #1024-#1032, in the amount of $236,705.83. --- MSD, Marine Bank, Marathon, #400-#401, in the amount of~,465.69. LAW LIBRARY FUND, 1218, in the amount of $642.34. CAPITAL PROJECTS FUND, 1257, in the amount of $66,292.44. KK 74 CARD SOUND BRIDGE FUND, #197, in the amount of $2,157.63:--- ---- WORKERS COMPENSATION, 42362-#2373, in the amount of $11,046.12. TOURIST DEVELOPMENT COUNCIL, #451-4453, in the amount of $155,695.75. MONROE COUNTY SELF-INSURED GROUP INSURANCE, 1212, in the amount of $418.10. TRANSLATOR FUND, 4156, in the amount of $1,019.23. 610 LAND AUTHORITY TRUST ACCOUNT, #01-#04, in the amount of-s2,550.79. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, 1101-#102, in the amount of $24,327.37. Board approved Minutes of the following meetings of the Board of County Commissioners: 10/1 (3), 10/6, 10/14, 10/15, 10/20, 10/27, 11/3 and 11/10. Board accepted and authorized execution of approval of a $5,000.00 Bond for Henrietta E.Stevens as a member of the Lower Florida Keys Hospital District. Board adopted the following Resolution transferring funds for the year 1987-88. RESOLUTION NO. 465-1987 See Res. Book No. 63 which is incorporated herein by reference. Motion carried unanimously. BULK APPROVALS Fred Tittle, attorney, discussed the request for the refund of $250.00 for an application for development approval which was denied for Fred and Francis Snowman. He also discussed the request for the refund of $250.00 for an application for development approval which was denied for Henry Meinhardt. After discussion, the Board agreed that the following requests for refunds would be postponed until they received an opinion from the County Attorney concerning these items: Filed by Cunningham, Albritton, Lenzi, Warner, Bragg & Miller on behalf of: Joan Gunderson and Susan Hoger - $250.00 John P. Joseph - $250.00 Nancy Swenson - $250.00 Filed by Fred Tittle, Esquire on behalf of: Fred and Francis Snowman, Jr. - $250.00 Henry Meinhardt - $250.00 Filed by Florida Keys Marine, Inc. - $250.00 Filed by Franklin D. Greenman, Esquire on behalf of: Leonard and Arlene Kasperowicz - $250.00 Filed by Daniel B. Michie, Jr. - $250.00 KK 75 COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the New Port Largo suit. Mr. Proby then discussed his previously announced plans to retire. He indicated that for the present time, his intentions to retire would be suspended. He requested that the Board discontinue its authorization to seek a replacement and that at the appropriate time, when he chose to retire from County service, he would formally notify each Commissioner in writing at least thirty days prior to the date of his retirement. Motion was made by Commissioner Freeman and seconded by Commissioner Hernandez to rescind the Board's previous action accepting the resignation of the County Attorney and authorizing the advertisement for the position of County Attorney. Motion carried unanimously. MUNICIPAL SERVICES DISTRICT (WASTE) Charles Aguero, MSD Manager, addressed the Board and advised that the air-curtain destructors were now fully permitted. Mr. Aguero also advised the Board that the "Free Dumping" policy had started on December 1st. Motion was made by Commissioner Freeman and seconded by Commissioner Hernandez to approve the lease/purchase of one sedan. Motion carried unanimously. SOCIAL SERVICES Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize the purchase of one 7-passenger mini-van, through State Contract 1070-300-205, from Barry Reid Buick for approximately $11,650.00. Motion carried unanimously. EMERGENCY SERVICES Reggie paros, EMS Director, discussed a recent trauma transfer case: the intention to establish a delinquent period of one hundred twenty days from the ren- dering of a billing for user's fees: and also the fact that he would be preparing a Request For Proposals for collection agency services to be utilized after user's fees become delinquent. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt the following Resolution approving and authorizing the Mayor/Chairman of the Board to execute a Contract by and between the State of Florida Department of Health and Rehabilitative Services and Monroe County concerning matching grant funds. Motion carried unanimously. RESOLUTION NO. 466-1987 See Res. Book No. 63 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize the County Attorney to solicit proposals from lending institutions for a loan in the amount of $101,644.00 for Municipal Services Taxing District No. I-D. Motion carried unanimously. ~ KK 76 PLANNING, BUILDING ~ ZONING Donald Craig, Director, discussed the Sea Grant Program. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve the Report on Proposed Study of Boat Live-Aboards from Howard M. Tupper, Development Review Coordinator, dated November 23, 1987. Motion carried unanimously. Mr. Craig discussed marina parking requirements. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to prepare and bring back to the Board a Resolution concerning marina parking requirements. Motion carried unanimously. The Director discussed an amendment of the DCA Grant to allow partial payment prior to expiration of the grant on December 1st. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve and authorize execution of a Modification of Agreement Number 87-SR-40-ll-54-0l-003 between the County and the Florida Department of Community Affairs. Motion carried unani- mously. The Board discussed a memorandum dated November 24, 1987 from the Planning Director regarding the release of a $70,000.00 Letter of Credit to the owner of Plantation Point Subdivision. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the release of the $70,000.00 Letter of Credit to the owner of Plantation Point Subdivision as set out in the November 24th memoran- dum from the Planning Director, excluding Conditions A and B contained in said memorandum. Motion carried unanimously. COUNTY ADMINISTRATOR The County Administrator advised the Board that Plantec had requested a meeting with the Board to discuss an affordable housing study. Mayor Lytton, with the approval of the Commissioners, called a Special Meeting for 10:00 a.m. on December 22nd at 310 Fleming Street in Key West for a discussion of an affordable housing study with Plantec. Mr. Brown discussed a request rom the Jail Oversight/Criminal Justice Committee concerning Courthouse Annex renovations in connection with improved court security as set out in a memorandum from the Court Administrator dated November 16, 1987. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to include the request in with the plans for the renovation of the first floor of the Courthouse Annex. Motion carried unani- mously. The Board recessed for lunch. * * * * * The Board reconvened at 2:08 p.m. SOUNDING BOARD FOR PUBLIC INPUT Mark H. Gregg, attorney, addressed the Board and requested a reconsideration of the Board's previous action to abandon a road known as Woodward Way located in Sunset Cove Subdivision. Fred Tittle, attorney representing Mr. and Mrs. Cullen, addressed the Board and questioned the appropriateness of the procedure. The County Attorney KK 77 advised the Board that Section 10 of the County Code which concerned the provision for reconsideration was repealed. Bill Skulthorpe of the Upper Keys Citizens Association requested that the Board re-hear the case. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the request for reconsideration on the basis of the following two items: 1. The question of the validity of Chapter 61-2503 of the Florida Statutes and subsequent modifica- tions: and 2. Section 16-1 prohibits the abandon- ment of roads terminating on open waters and the time frame of the filing of the application. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Stormont Mayor Lytton Yes No Yes No Motion failed. Richard Jay Weiss, representing Bell South MObility, addressed the Board. He requested the Board's cooperation in conceptual approval to lease County property for the installation of a Cellular Telephone Communication facility. No action was taken. Tim Zewadski-Brecker addressed the Board and requested a waiver of permit fees for the Children's Shelter in Plantation Key. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to postpone for two weeks. Motion carried unanimously. PUBLIC WORKS The Board entered into a discussion regarding the Key Largo Animal Shelter. Michael Cox, attorney repre- senting the Upper Keys Humane Society, Inc., addressed the Board. Pat Lawrence spoke in favor of the recommendations of the Public Works Department. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to continue to the meeting of January 19, 1988. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance related to Blasting and Explosives. Proof of publication was entered into the record. Motion was made by Mayor Lytton and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Jim Miller, President of Port Pine Heights Property Owners Association: Fay Daniels of No Name Key: Jeffrey Straw of Berger & Associates: and James Gunn addressed the Board. Mayor Lytton advised that the public input portion of this Public Hearing was now closed. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to continue to the first meeting in January. Motion carried unanimously. A Public Hearing was then held on a proposed Ordinance amending Ordinance No. 031-1986, Section 7(c) KK 78 entitled "Expenses", to provide compensation for the members of the Monroe County Comprehensive Plan Land Authority Advisory Committee in the amount of $100.00 per month: pro- viding 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. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 053-1987 See Ord. Book No. 16 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance repealing Division Thirteen, Chapter Nine, Monroe County Land Development Regulations, and creating a new Division Thirteen for regulating signage: providing for definitions: providing for certain signage exceptions from these Land Development Regulations: providing for the prohibition of certain sign types: providing for certain types of signs which require a site location permit only: providing for certain types of signs which require a sign construction permit: providing for the regulation of certain types of temporary signs: providing for certain types of permanent signs in residential districts: providing for certain types of permanent signs in commercial areas: providing for direc- tory and identification signs for nonresidential sub- divisions and multiple occupancy complexes: providing for individual office institutional, business or industrial establishment signs: providing for hospital and emergency facility signs: providing for bench signs: providing for standards concerning measurement, construction and main- tenance of all signs enumerated in this Land Development Regulation: providing that these regulations shall apply to all signs erected after the effective date of such regula- tions and further requiring that no existing sign shall be kept in an unsafe or dangerous condition: providing for the administration of these regulations including the revocation and suspension of all sign permits for cause: providing for appeals to the Planning Commission from administrative deci- sions enforcing these regulations: providing for variances from the literal application of these Land Development Regulations when certain criteria are met: providing for permit application procedures, including a requirement for bonding for certain types of temporary signs: providing that certain types of signs shall only be constructed by a licensed contractor: providing for the designation and regu- lation of various types of nonconforming signs including the provision for the amortization and the gradual elimination of certain categories thereof: providing for the summary removal of certain inexpensive or dangerous unlawful signs and notice to the owners thereof: providing for the removal of certain other types of unlawful signs including the provision of notice to the owners thereof: providing for the emergency removal of signs which pose an imminent threat to public safety: providing for the assessment of costs if an offending sign is removed at County expense: providing for supremacy: providing that the Planning Director may designate an employee to perform the Director's duties hereunder: providing for interagency coordination: providing for severability: providing for the repeal of Ordinances and Land Development Regulations inconsistent herewith but otherwise affirming the validity of existing Regulations or KK 79 Ordinances: affirming that the Land Development Regulations are not intended to interfere with any existing private agreements: providing for incorporation into the Monroe County Land Development Regulations: and providing an effec- tive date. Proof of publication was entered into the record. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to read by title only. Motion carried unanimously with Commissioner Hernandez not present. The following persons addressed the Board: David Fredericks, Joy Lindskold, Beth Shamblin, Earl Cheal, Jerry Marty, Roger Holmes and Brad Cooper. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unani- mously. ORDINANCE NO. 054-1987 See Ord. Book No. 16 which is incorporated herein by reference. AWARDING OF BIDS The Board was advised of receipt of the following proposals for the North Key Largo Habitat Plan: Dames & Moore Robert K. Swarthout, Inc. $165,600 - $208,500 $129,950 Donald Craig, Planning Director, recommended the award of the bid to Robert K. Swarthout, Inc. with a maximum of $30,000.00. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to postpone this matter for two weeks. Motion carried unanimously. The Board recessed for a meeting of the Land Authority. * * * * * The Board reconvened. AWARDING OF BIDS The Board was advised of receipt of the following bids for one 1988 3/4-Ton Pickup Truck for the Public Works Department: Hayden/Royan Flamingo Ford Bob Chango, Inc. Duncan Chrysler, Plymouth, Dodge Duncan Ford, Lincoln-Mercury $12,503.25 $10,699.00 $10,900.00 $11,473.00 Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to award the bid for one 1988 3/4-Ton Pickup Truck for the Public Works Department to Bob Chango, Inc. in the amount of $10,699.00. Motion carried unani- mously. The Board was advised of receipt of the following bids for one 1988 3/4-Ton Van for the Public Works Department: Hayden/Royan Flamingo Ford Bob Chango, Inc. Duncan Chrysler, Plymouth, Dodge Duncan Ford, Lincoln-Mercury $12,411.98 $10,747.00 $11,110.00 $11,765.00 Motion was made by Commissioner Hernandez and seconded by KK 80 Commissioner Freeman to award the bid for one 1988 3/4-Ton Van for the Public Works Department to Bob Chango, Inc. in the amount of $10,747.00. Motion carried unanimously. The Board was advised of receipt of the following bids for one new 1988 3/4-Ton Pickup Truck for Card Sound Toll District: Leiphart Chevrolet Supreme Oldsmobile & GMC Trucks $13,157.78 $12,947.34 did not include spare tire, wheel and jack $13,500.00 for on-site vehicle $12,810.45 $12,950.46 Flamingo Ford Hayden/Royal Flamingo Ford Leiphart Chevrolet Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to reject all bids. Motion carried unanimously. Motion was then made by Commissioner Hernandez and seconded by Commissioner Freeman authorizing the County Administrator, the Public Works Director and the County Attorney to accept and award the purchase of this vehicle in the same amount as that received by previous bid by the Board of County Commissioners. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance amending Ordinance No. 031-1986 providing for procedures to acquire properties with funding available under a 1987 contract with the Department of Community Affairs. Proof of publication was entered into the record. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Mayor Lytton made several comments concerning the proposed Ordinance. Motion was made by Mayor Lytton and seconded by Commissioner Hernandez to continue to January 5, 1988. Motion carried unanimously. A Public Hearing was then held on a proposed Ordinance relating to the control of animals within Monroe County. Proof of publication was entered into the record. Motion was made by Mayor Lytton and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. The following individuals addressed the Board: C. Osment Moody, Marty Ingersoll, M. O'Neil, and Bill Cullen. Motion was made by Commissioner Hernadnez and seconded by Commissioner Freeman to continue to the next scheduled Public Hearing. Motion carried unanimously. MUNICIPAL SERVICES DISTRICT (WASTE) Peter Robinson of Hazen & Sawyer presented the Solid Waste and Recycling Update. There being no further business, the meeting was adjourned. * * * * *