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12/15/1987 Regular KK 81 Regular Meeting Board of County Commissioners Tuesday, December 15, 1987 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the City Hall in Key Colony Beach. Present and answering to roll call were Commissioner William Freeman, Commissioner Jerry Hernandez, Jr., Commissioner Michael Puto, Commissioner John Stormont, and Mayor Eugene Lytton. Also present were Danny L. Kolhage, Clerkl Lucien Proby, County AttorneYI Tom Brown, County Administratorl County Staffl members of the Press and Radiol and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Mayor Lytton discussed the pending Niles Channel lawsuit. Motion was made by Commissioner Puto and seconded by Commissioner Freeman directing the County Attorney to review the possibility of the County joining in that suit and report back at the next meeting. Motion carried unani- mously. Mayor Lytton discussed the response time to correspondence received by County Staff. This matter was referred to the County Administrator for review. Mayor Lytton discussed the time for permitting of single-family residences. Bob Herman, Deputy Planning Director, addressed the Board. No action was taken. Donald Craig, Planning Director, and Mayor Lytton discussed the registration procedure for nonconformities pursuant to Section 7-102 of the Land Development Regulations. Mayor Lytton discussed the T.C.I. Franchise Agreement concerning Monroe County. Lucien Proby, County Attorney, discussed the possibility of renegotiation and/or an action to terminate the franchise and begin renego- tiation. Mr. Proby indicated that he would be meeting with representatives of T.C.I. for a request to the County to approve a transfer and that he would report back to the Board. Commissioner Puto discussed the temporary Trauma Agreement approved by the Board. Curt Blair of the Health Council of South Florida, Inc. discussed a proposal dated December 14, 1987 concerning continuing relationship for trauma care. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the Health Council of South Florida, Inc. to proceed with Steps I through 4 of that certain proposal by the Health Council dated December 14, 1987. Motion carried unanimously. Mel Levitt of the National Legislation Council of AARP addressed the Board concerning his proposal for a KK 82 Seniors Ombudsman Service Program (Assistance to Seniors) and the establishment of a Guardianship Program. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto directing the County Administrator and the County Attorney to proceed to implement the Seniors Ombudsman Service Program as outlined by Mr. Levitt, to provide if possible the County WATTS Line, payment of mileage while on County time, and insurance of vehicles while being used for County business. Motion carried unanimously. Commissioner Puto then requested the County Attorney to assign Assistant County Attorney, Calvin Allen, to represent the group as outlined by Mr. Levitt for the formation of a Guardianship Program, and requested a $5,000.00 appropriation for the Program. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto adopt the following Resolution regarding the Program. Motion carried unanimously. RESOLUTION NO. 467-1987 See Res. Book No. 63 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to appoint Jackie Low to the Commission on the Status of Women. Motion carried unani- mously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to appoint Ann Lynch to the Monroe County Fine Arts Council. During discussion, motion was withdrawn. Motion was made by Commissoner Puto and seconded by Commissioner Freeman to appoint Gigi Grider to the Florida Keys Handicapped Council, accepting the resignation of Reggie Paros as a voting member of the EMS Council, and appointing Douglas Cullen as a replacement on the EMS Council. Motion carried unanimously. Commissioner Puto presented a check in the amount of $250.00 for use of Pigeon Key. Commissioner Stormont discussed the Board's pre- vious policy concerning refunds. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to reaffirm the Board's previous pOlicy that refunds would be issued only where minimal work was involved or where there was some error by the County and that in all other instances, refunds would be denied. Motion carried unani- mously. Commissioner Hernandez read a letter from Bill Smith of the Florida Keys Contractors Association concerning ninety days' notice of changes in the Code. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt a Resolution reaffirming the Board's previous action calling for ninety days' notice to the Florida Keys Contractors Association on changes in the Building Code. A1 Damron discussed this matter. Motion was made by Commissioner Stormont and seconded by Mayor Lytton to post- pone for two weeks. Roll call vote was unanimous. Commissioner Puto presented a Proclamation to mem- bers of the Marathon High School Football Team, "The Marathon Dolphins", and coaches. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the Proclamation recognizing the highly successful season for 1987 for the Marathon High School Football Team, KK 83 "The Marathon Dolphins", and calling on the citizens of Monroe County to join in the appreciation of this fine accomplishment. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to appoint Charles Aguero and Louis LaTorre to meet with Dr. Bofill and Homer Rhoads of the Health Department concerning the action taken against B. o. Fish Wagon and report the situation to the County Administrator who would then agenda the matter for further consideration at 5:30 p.m. at the next Key West meeting, if necessary. Motion carried unanimously. Commissioner Hernandez advised the Board that on January 5th, members of the Corps of Engineers and the Department of Natural Resources would be in Key West for a combination luncheon/field trip to discuss the White street Pier Project. The Board then discussed the joint City/County effort in this regard. The Clerk advised the Board that he had been notified that there are differences in the County and City Resolutions concerning this project and, further, that the City was desirous of using a portion of the funds to reimburse City employees for work done on Smathers Beach. The County Attorney advised the Board that he was tentatively of the opinion that this would not be an appropriate use of the funds. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolution designating the week of December 13 - December 19 as Drunk and Drugged Driving Awareness Week in Monroe County. Motion carried unanimously. RESOLUTION NO. 468-1987 See Res. Book No. 63 which is incorporated herein by reference. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the following items by unanimous consent: Board approved the removal from the inventory of the Supervisor of Elections of one Bohn Rex Rotary M-4 Mimeograph Machine (Inventory Control Number 2440-188). Board approved the payment of $485.00 to Lopez Funeral Home for the Pauper Burial of a deceased male, date of death 10-21-87. Board approved the payment of $485.00 to Lopez funeral Home for the Pauper Burial of a deceased male, date of death 9-27-87. Board authorized payment of TDC expenditures in the amount of $230,747.16 (Input Page 12/3/87), subject to final invoice approval by the Finance Department. Board approved an addition to the 1988 TDC Trade Show Schedule of the Columbus '88 Trade Show, February 11-13, 1988 sponsored by the American Society of Travel Agents at an estimated cost of $2,000.001 said Trade Show Schedule is still within the $70,000.00 budget. Board approved and authorized execution of an Addendum to Agreement by and between the Monroe County Tourist KK 84 Development Council and Keys Advertising & Marketing, Inc. which will reflect a monthly contract amount of $11,975.00 through April 30, 1988. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Michael Colasurdo for a 624 square foot enclosure for storage only on Lot 26, Block I, Summerland Cove Isles, Flagship Drive, Summerland KeYI Zoned IS - Improved Subdivisionl Coastal Flood Zone V-12, Panel 1514C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Edmund Houtte for a 1482 square foot addition to an existing commercial building to be built below the 100-Year Flood Elevation (existing building is 3135 square feet built in 1953 - appraised in 1987 at $94,885.00 - building onlYI two additional buildings on site built in 1949 and 1953) on part of Government Lot 2, acreage, 107th and us #l, Key Vacal Zoned UC - Urban Commerciall Coastal Flood Zone A-13, Panel 1581C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Nelson L. Mellete for a 168 square foot storage room on Lot 8, Block I, Venice, Grouper Drive, Marathon 1 Zoned IS - Improved Subdivisionl Coastal Flood Zone A-13, Panel 1581C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of James E. Spitzer to rebuild existing storage shed - 15 x 20 - for storage only on Tract B, Cahill pines & Palms, W. Cahill Court, Big Pine KeYI Zoned IS - Improved Subdivisionl Coastal Flood Zone V-12, Panel 1536C. Board approved payment of refund of $250.00 to Keycology, Inc., Agent for Theodore Tine, inasmuch as Map Amendment Application was not completed by December I, 1987 deadline. Board approved payment of refund of $250.00 to Keycology, Inc., Agent for Larry and Linda Hoffman, inasmuch as Map Amendment Application was not completed by December I, 1987 deadline. Board approved payment of refund of $250.00 to Keycology, Inc., Agent for Mark Friedman, inasmuch as Map Amendment Application was not completed by December I, 1987 deadline. Board approved payment of refund of $250.00 to Walton, Lantaff, Schroeder & Carson, Agent for Robert Austin, inasmuch as applicant withdrew Map Amendment Application. Board approved payment of refund of $250.00 to Keycology, Inc., Agent for Stuart Friedman and Sara Glasburg, inasmuch as Map Amendment Application was not completed by December I, 1987 deadline. Board approved payment of refund of $250.00 to Token Project & Construction Management, Agent for Inter State Realty, inasmuch as Map Amendment Application was not completed by December I, 1987 deadline. Board approved payment of refund of $250.00 to Keycology, Inc., Agent for Summerland Key Properties, inasmuch as Map Amendment Application was not completed by December I, 1987 deadline. KK 85 Board approved payment of $250.00 to John Baiamonte inasmuch as Map Amendment Application was not completed by December I, 1987 deadline. Board approved payment of $250.00 to Keycology, Inc., Agent for Lynn Kephart and Mark Martecki, inasmuch as Map Amendment Application was not completed by December I, 1987 deadline. Board approved the completed Vested Rights Application of Paul and Johanna Safer (No. 19) for assignment to a Hearing Officer. Board approved the completed Vested Rights Application of J. Vitolo Construction Co. and Southland Insurance Co. (No. 33) for assignment to a Hearing Officer. Board approved the completed Vested Rights Application of Summerland Key Properties, Inc. (No. 34-B) for assignment to a Hearing Officer. Board approved the completed Vested Rights Application of Lynn H. Kephart/Mark Bartecki (No. 35) for assignment to a Hearing Officer. Board approved the completed Vested Rights Application of Donald and Delia Appleby (No. 39) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Key Colony Beach Golf Club, Inc., John and Ralph Smith, (No. 16) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Port Bougainville Enterprises, Ltd., Port Bougainville Associates, Ltd. and Garden Cove, Inc. (No. 18) for assign- ment to a Hearing Officer. Board approved the incomplete Vested Rights Application of John W. Lakin (No. 21) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Pelican Palms, Inc. (No. 22) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Roger W. Akers/Sandra Henning (No. 25) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Ronald Awald Cook (No. 26) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Joseph and Jacqueline Robinson (No. 27) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Glen E. Patch (No. 28) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Tropic South Inc. (No. 37) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Mike/Kilo/Juliett Corporation (Breakaway Bay) (No. 41) for assignment to a Hearing Officer. KK \86 Board approved the incomplete Vested Rights Application of Key Largo Anglers Club (No. 42) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Bayside Properties, Ltd. (No. 43) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Coco Plum Beach and Tennis Club, Inc. (No. 44) for assign- ment to a Hearing Officer. ' Board approved the incomplete Vested Rights Application of Howard G. Messner (No. 45) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Monte W. Green (No. 46-A) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Monte W. Green (No. 46-B) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Monte W. Green (No. 46-C) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Monte W. Green (No. 46-0) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Monte W. Green (No. 46-E) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Fred Roth/Whaler's Plaza, Inc. (No. 47) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Terra Cotta Realty (Florida) , Inc. (No. 48) for assignment to a Hearing Officer. Board approved the incomplete Vested Rights Application of Arthur Mannes (No. 51) for assignment to a Hearing Officer. Board approved placement on the Consent Agenda for Central Plaza Major Conditional Use Permit. Board approved placement on the Consent Agenda for Holiday Harbour Major Conditional Use Permit. Board approved the incomplete Beneficial Use Application of Gateway To The Sea, Inc. for assignment to a Hearing Officer. Board approved the incomplete Beneficial Use Application of Ronald Awald Cook for assignment to a Hearing Officer. COUNTY ATTORNEY Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement for Baker Act Matching Funds by and between the Board and the Guidance Clinic of the Middle Keys, Inc. concerning funding for Fiscal Year 1987-88. KK '8? RESOLUTION NO. 469-1987 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 the Board and the Guidance Clinic of the Middle Keys, Inc. concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 470-1987 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 the Board and the Monroe Alcoholism Rehabilitation Center concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 471-1987 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 for Baker Act Matching Funds by and between the Board and the Guidance Clinic of the Upper Keys, Inc. concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 472-1987 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 the Board and the Guidance Clinic of the Upper Keys, Inc. concerning funding for Fiscal Year 1987-88. RESOLUTION NO. 473-1987 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 Option to extend an Agreement by and between the Board and Lower Florida Keys Hospital District d/b/a Florida Keys Memorial Hospital for the purpose of providing food services to the residents of Bay Shore Manor. RESOLUTION NO. 474-1987 See Res. Book No. 63 which is incorporated herein by reference. MUNICIPAL SERVICES DISTRICT (WASTE) Board approved and authorized payment of an invoice in the amount of $35,343.09 to C. Bob Beale Co., Inc. for refrac- tory repair of Unit #2, secondary chamber. EMERGENCY SERVICES Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement between Municipal Service Taxing or Benefit District 4-A and the City of Layton concerning use of the City's garage bay located in City Hall, City of Layton. KK 88 RESOLUTION NO. 475-1987 See Res. Book No. 63 which is incorporated herein by reference. SOCIAL SERVICES Board approved and authorized execution of a Nutrition Consultant Contract by and between the Board and Norene Sofranac for 1988. Board approved and authorized execution of the Petition of Harry A. Betancourt for admission to A. G. Holley State Hospital. PLANNING, BUILDING ~ ZONING Board adopted the following Resolution directing the Clerk of the Circuit Court to record in the Official Records an Amended Plat of the Shark Key Subdivision. RESOLUTION NO. 476-1987 See Res. Book No. 63 which is incorporated herein by reference. Board approved disposition of Impact Fee Appeal of Martin Luther Chapel, Inc. as set out in Howard Tupper's memorandum dated December 7, 1987 and the Staff's recommendation to grant Martin Luther Chapel, Inc. a refund of $1,222.80. Board accepted the Final Water Quality Report required under Contract OCM-170 with the Department of Environmental Regulation, Office of Coastal Management and approved final payment in the amount of $6,287.00. COUNTY ADMINISTRATOR Board authorized payment of the following invoices: I. Risk Control Associates, Inc., in the amount of $356.25, for review of insurance require- ments. 2. Risk Control Associates, Inc., in the amount of $93.75, for payment of professional services in re New Port Largo vs. Monroe County, et al. 3. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $817.64, for payment of Invoice No. Three in re White Street Pier Permitting. 4. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $419.25, for payment of Invoice No. Fiv~ in re Repairs/Modifications to Gun Mounts, Higgs Beach. 5. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,853.78, for payment of Invoice No. Eight in re Environmental Permitting for Higgs Beach Pier. 6. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,968.00, for payment of Invoice No. Five in re Sheriff's Substation and Administra- tion Office on Cudjoe Key. 7. Post, Buckley, Schuh & Jernigan, Inc., in the KK 89 amount of $10,017.00, for payment of Invoice No. Five in re County Clerk's Space and Judge's Chamber/Courtroom Conversions. 8. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $384.15, for payment of Invoice No. Five in re Completion of Interior Finishing of Third Floor Jail Addition. 9. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $56.25, for payment of Invoice No. Ten in re Plantation Key Government Center Wastewater Treatment Plant. 10. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $410.50, for payment of Invoice No. Forty-nine in re Jackson Square Criminal Justice Facility Building. II. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $150.87, for payment of Invoice No. Ten in re Second Floor Addition to Plantation Key Government Center. 12. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $5,897.17 for professional services rendered through 11/30/87. 13. Public Financial Management, Inc., in the amount of $2,753.24, for professional services rendered through 11/15/87. 14. David M. Morgan, in the amount of $3,200.00, in re TV Translator System Valuation Report. 15. Stephens, Lynn, Chernay & Klein, in the amount of $410.51, for professional services rendered in re Ashe vs. Northwest Insurance, et al. 16. General Asphalt Company, Inc., in the amount of $122,580.00, for Final Payment in re Key Largo Roads VII. 17. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,006.38, in re Card Sound Bridge Public Landing repair. 18. Fly, Schuebruk, Gaguine, Boros and Braun, in the amount of $598.18, in re Translator System. 19. Victor N. DeCario & Associates, Inc., in the amount of $3,423.00, for professional services through 9/30/87. 20. Victor N. DeCario & Associates, Inc., in the amount of $10,691.70, for professional services through 10/31/87. 21. Victor N. DeCario & Associates, Inc., in the amount of $5,894.86, for professional services through 11/30/87. 22. Henry Naubereit, in the amount of $513.20, for professional services through 11/17/87 in re Translator System. KK ,90 23. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $44,450.85, in payment of monthly invoice for Road Projects, 9/26/87 - 10/30/87. Board granted authority to execute a Lease Agreement for a Handicapped Passenger Van for the Veterans Affairs Department in the amount of $1,223.33 per month for thirty- six months. Board granted permission to advertise for Public Hearing a proposed Ordinance regarding Court Facility Impact Fees. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellmann, Ph.D., in the amount of $1,346.001 Guillermo Marcovici, M.D., P.A., in the amount of $600.001 Mental Health Care Center of the Lower Keys, in the amount of $150.001 Tanju T. Mishara, Ph.D., in the amount of $900.00. COURT-APPOINTED ATTORNEYS, L. E. Brown, in the amount of $600.001 Jeff R. Hall, in the amount of $2,615.501 Jeffrey B. Meyers, in the amount of $1,345.001 Charles M. Milligan, in the amount of $377.00. OTHER EXPENSES & COSTS, Sheriff, City of Richmond, in the amount of $15.001-State of Florida, in the amount of $259.001 David Wiley, in the amount of $163.451 Kirk C. Zuelch, State Attorney, in the amount of $40.50. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $78.201 Florida Keys Reporting, in the amount of $345.751 Ernie Izquierdo, in the amount of $25.001 Laws Reporting, Inc., in the amount of $90.001 Nancy J. Maleske, in the amount of $1,672.70. COURT INTERPRETER SERVICES, Joy Caldarella, in the amount of $25.001 Serafin Calero, in the amount of $55.001 Irma Lopez De Pugh, in the amount of $25.001 Maria Goulding, in the amount of $50.001 Humberto Jimenez, in the amount of $185.001 Cora Milian, in the amount of $25.001 Susana L. Totaro, in the amount of $45.00. EXTRADITION COSTS, William A. Freeman, Jr., in the amount of $1,779.35. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $827.401 Regular Witness Fees, in the amount of $170.00. EXPERT WITNESS FEES, Jeffrey J. Elenewski, Ph.D., P.A., in the amount of $1,000.00. Board approved the following Warrants: GENERAL REVENUE FUND, 179590-179591, #79931-#80417, in the amount of $1,273,451.22. SUPPLEMENT TO GENERAL REVENUE FUND, 1211-#213, in the amount of $45,26~86. ---- FINE & FORFEITURE FUND, #658 void, #660-1667, in the amount of $1,156,369.76:--- KK 91 AIRPORT OPERATION & MAINTENANCE FUND, #430 void, #431-#433, in the amount of-$23,364.08. ---- ROAD & BRIDGE FUND, #479-'483, in the amount of $204,615.~ - ---- MSD TAX DISTRICT, tI033-tI036, in the amount of $346,616.63. --- MSD, Marine Bank, Marathon, #402-1403, in the amount of~8,865.62. MSD, Pledged Funds, #104-tI05, in the amount of $210,000.00. LAW LIBRARY FUND, #219, in the amount of $342.75. CAPITAL PROJECTS FUND, #258-1262, in the amount of $59,353.37. ---- CARD SOUND BRIDGE FUND, #198-#200, in the amount of $12,640.6~ ---- WORKERS COMPENSATION, t2374-t2383, in the amount of $43,470.63. TOURIST DEVELOPMENT COUNCIL, #454-#458, in the amount of $58,568.77. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #213, in the amount of $39,264.05. TRANSLATOR FUND, #157, in the amount of $1,561.66. 610 LAND AUTHORITY TRUST ACCOUNT, #05-113, in the amount of-sJ,810.55. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, #103-II04, in the amount of $174,047.21.- Board adopted the following Resolution concerning receipt of unanticipated funds for the year 1987-88. RESOLUTION NO. 477-1987 RESOLUTION NO. 478-1987 RESOLUTION NO. 479-1987 RESOLUTION NO. 480-1987 RESOLUTION NO. 481-1987 RESOLUTION NO. 482-1987 RESOLUTION NO. 483-1987 RESOLUTION NO. 484-1987 RESOLUTION NO. 485-1987 RESOLUTION NO. 486-1987 See Res. Book No. 63 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1987-88. RESOLUTION NO. 487-1987 See Res. Book No. 63 which is incorporated herein by reference. Motion carried unanimously. KK 92 BULK APPROVALS Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize payment of refund in the amount of $120.00 to Jack Hurt if a prior per- mit was issued. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to approve the completed Vested Rights Application of Summerland Key properties, Inc. (No. 34-A and Supplement to No. 34-A) for assignment to a Hearing Officer. Motion carried unanimously. Bill Cullen addressed the Board. Fred Tittle, attorney representing Mr. Cullen, also addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the incomplete Vested Rights Application of William and Anne eullen (No. 23) for assign- ment to a Hearing Officer. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to add to the Agenda a Major Conditional Use approval for Key Largo Lodge as Item C-59. Motin carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to continue this item to the January 19th meeting. Motion carried unani- mously. The Board recessed for lunch. * * * * * MUNICIPAL SERVICE 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. Motion was made by Commissioner Freeman and seconded by Mayor Feiner to authorize the County Attorney to solicit proposals from lending institutions for a loan in the amount of $179,084.00 for District No.2. Motion carried unanimously. Mr. Par os advised the Board that he was in the pro- cess of preparing a one-month contract for service provided by Fishermen's Hospital following termination of the current contract. This matter was referred to the County Attorney and Emergency Services Director. There being no further business, the meeting of the Board of Governors of Municipal Service Taxing District No. 2 adjourned. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. COUNTY ADMINISTRATOR Motion was made by Commissioner Freeman and seconded by Commissioner Puto to adopt the following Resolution authorizing the submission of a Grant Application KK 93 to the Florida Department of Natural Resources for pass- through Federal funds from the Land and Water Conservation Fund for the acquisition of approximately five acres of land in Big Pine Key, said land to be used for an outdoor recreation area, and directing the execution of the same by the proper County authoritiesl and to authorize the transfer of $40,000.00 from reserves in the Capital Improvements Fund to support the project. Motion carried unanimously. RESOLUTION NO. 488-1987 See Res. Book No. 63 which is incorporated herein by reference. SOUNDING BOARD FOR PUBLIC INPUT Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve and authorize exe- cution of an Interlocal Agreement concerning the Water Quality Monitoring Program. Motion carried unanimously. Don Chrzan addressed the Board and requested assistance in facilitating transfer of liquor license appro- val by the Health Department. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution instructing the Health Department that that Board considers that no development has taken place to justify reconsideration of the previous con- ditions. Motion carried unanimously. RESOLUTION NO. 489-1987 See Res. Book No. 63 which is incorporated herein by reference. Motion was made by Mayor Lytton and seconded by Commissioner Puto to approve the request of the Big pine Cooperative Preschool and Kindergarten to close Key Deer Boulevard for one hour (beginning at approximately 2:00 p.m.) on Sunday, January 24, 1988, for the Founder's Day Parade. Motion carried unanimously. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the sche- duled hearing on the New Port Largo case and settlement of a Code Enforcement claim against Santana. Mr. Proby advised the Board that the Key Largo Library Lease would have to be limited to two years with an option to purchase. The County Attorney discussed the status of the Jail Facility. PLANNING, BUILDING & ZONING Donald Craig, Planning Director, discussed the requested waiver of fees for the Children's Shelter. He advised the Board that after reviewing the request, the Staff recommended the waiver in the amount of $6,024.00. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the Staff's recommendation to waive the fees for the Children's Shelter in the amount of $6,024.00 since the Children's Shelter would be operating as a governmental agency. Motion carried unanimously. The Board discussed impact fees. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto KK '94 directing Staff to prepare a report which would reflect that no impact fees were required for the Children's Shelter facility. Roll call vote was unanimous. AWARDING BIDS Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to award the proposal for the North Key Largo Habitat Conservation Plan to Dames and Moore of Tallahassee, subject to available funding. Motion carried unanimously. COUNTY ATTORNEY Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance concerning compensation for Planning Commission members. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to grant permission to advertise for Public Hearing a proposed Ordinance concerning cafes, restaurants and other eating establishments. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the County Attorney to advertise for Public Hearing a proposed Ordinance regarding the occupational license classification of mobile repair and/or service business. During discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to postpone to the next meeting. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor to execute, as amended, a Lease Agreement with Chicklets On The Beach, Inc. concerning a restaurant concession at Higgs Beach County Park. Motion carried unanimously. RESOLUTION NO. 490-1987 See Res. Book No. 63 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to authorize the rebate of one month's rent to the current concessionaire, Yale Fleer. Motion carried unanimously. The Board discussed a proposed Resolution con- cerning No Name Bridge. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to postpone this matter to the next meeting in Key West. Motion carried unanimously. MUNICIPAL SERVICES DISTRICT (WASTE) Charles Aguero, MSD Director, discussed a letter from DCA concerning the holding of payments for the con- sulting engineers on the Waste Study, pending the carryover of funds and the renewal or extension of the contract. Mr. Aguero discussed the work done by the Rabun Company concerning the pit burners and advised the Board that they were operating in accordance with the rules and that permits had been issued. Motion was made by KK 95 Commissioner Freeman and seconded by Commissioner Puto to approve Final Payment to Rabun Company in the amount of $8,960.00. Motion carried unanimously. Mr. Aguero discussed a letter from Monroe Construction Company concerning the waiver of dumping fees for the housing project in Marathon. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to direct the County Administrator and the County Attorney to research the contract with Monroe Construction Company to see if the bids by the contractors included amounts for payment of dumping fees. Motion carried unanimously. Mr. Aguero discussed a trailer at Bay Point and requested authority to employ a contractor to remove the trailer. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize Mr. Aguero to hire a contractor to move a trailer on Bay Point that is a safety and health hazard and to file a lien on the private property for the amount of the costs involved 1 payment to be made out of Pollution Control. Motion carried unanimously. Mayor Lytton discussed the re-designing and extended use of the Key Largo Landfill. Mr. Aguero discussed the proposed Franchise Contracts and an Addendum thereto. Fred Tittle, attorney representing the Franchisees, addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolutions: Resolution authorizing the Chairman of the Board to execute a Franchise Agreement with Waste Management of Florida, Inc. d/b/a Florida Disposal Company regarding waste disposal ser- vice. RESOLUTION NO. 491-1987 See Res. Book No. 63 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board to execute a Franchise Agreement with Bland Disposal Service, Inc. regarding waste disposal service. RESOLUTION NO. 492-1987 See Res. Book No. 63 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board to execute a Franchise Agreement with Baltuff Disposal Service, Inc. regarding waste disposal service. RESOLUTION NO. 493-1987 See Res. Book No. 63 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board to execute a Franchise Agreeement with Marathon Garbage Service, Inc. regarding waste disposal service. RESOLUTION NO. 494-1987 See Res. Book No. 63 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board to execute a Franchise Agreement with Island Disposal Service, Inc. regarding waste disposal service. KK 96 RESOLUTION NO. 495-1987 See Res. Book No. 63 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board to execute a Franchise Agreement with Keys Sanitary Service, Inc. regarding waste disposal service. RESOLUTION NO. 496-1987 See Res. Book No. 63 which is incorporated herein by reference. Resolution authorizing the Chairman of the Board to execute a Franchise Agreement with Ocean Reef Club, Inc. regarding waste disposal service. RESOLUTION NO. 497-1987 See Res. Book No. 63 which is incorporated herein by reference. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Freeman to postpone con- sideration of the new Franchise Agreements until receipt of the Hazen and Sawyer report and to extend the current contracts with new percentages and tonnage allocations. Roll call vote on the motion to postpone was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No No Yes No Motion failed. Roll call vote on the original motion to adopt was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner STormont Mayor Lytton No Yes Yes No Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held concerning the proposed closure of a portion of Old Highway 4-A on Sugarloaf Key. 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 Resolution to close a portion of and authorize the placement of a barrier on the following described streets, roads, or highways as delineated hereinafter, with provision for access control: A portion of Old Highway 4A on Sugar loaf Key from a point at the west end of Florida Department of Transportation Bridge No. 9041-60, spanning what is locally known as Government Cut, to the east, northeast, and north to a point of termination at the south bank of that body of water, which is locally known as Tarpon Creek. KK 97 Motion carried unanimously. RESOLUTION NO. 498-1987 See Res. Book No. 63 which is incorporated herein by reference. A Public Hearing was then held on a proposed Ordinance amending Ordinance No. 039-1986 in order to pro- vide that an application for alcoholic beverage approval denied for failure to meet the substantive requirements of Ordinance No. 039-1986 may not be considered again for two years absent a finding by a supermajority of the Planning Commission that the original decision was based on a material mistake of fact or that changed circumstances or new facts justify an earlier rehearing and providing a limited exception for shopping centersl providing that notice be provided to all property owners within five hundred feet of the perimeter of shopping centers when a retail use therein seeks alcoholic beverage approvall pro- viding a definition of shopping centerl providing that the effect on property within five hundred feet of the perimeter of the shopping center within which a retail use seeks alco- holic beverage approval be considered 1 providing for severa- bilitYI providing for repeal of all Ordinances inconsistent herewithl providing for incorporation into the Monroe County Code of Ordinancesl and providing for an effective date. Proof of publication was entered into the record. There was no public input. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Ordinance, as amended. Motion carried unanimously. ORDINANCE NO. 055-1987 See Ord. Book No. 16 which is incorporated herein by reference. COMMISSIONERS' ITEMS As a Point of Personal privilege, Mayor Lytton and the Board discussed and mourned the recent passing of Del Layton, the Founder and First Mayor of the City of Layton. Motion was made by Commissioner Freeman and seconded by Commissioner Hernandez to extend the Board's sympathies to the family of Del Layton and to schedule a presentation of an appropriate recognition to his family. Motion carried unanimously. MUNICIPAL SERVICES DISTRICT (WASTE) Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve the request to establish a new position for a Superintendent of Pollution Control at a starting salary of $22,200.00. Motion carried unanimously. The Board discussed salary increases to the MSD Manager and to Department Heads. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to increase the salary of the MSD Manager to $50,000.00 per year based upon the letter to the Board from the MSD Manager dated December 7, 1987. 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. Motion was then made by Commissioner KK 198 Hernandez and seconded by Commissioner Puto directing the County Administrator to agenda consideration of the salaries of all Department Heads for the January 5th meeting. Motion carried unanimously. AIRPORTS Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between the County and provincetown Boston Airlines, Inc. pertaining to the Marathon Airport Facility. Motion carried unanimously. RESOLUTION NO. 499-1987 See Res. Book No. 63 which is incorporated herein by reference. Art Skelly, Airport Manager, discussed the request by Conaire to schedule regular service between Key West and Fort Lauderdale and Orlando out of the Key West International Airport. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to postpone further consideration of this item to the first meeting in February. Motion carried unanimously. ENGINEERING Bob Harris, Consulting Engineer, gave an update on the work on the Blasting Ordinance. PUBLIC WORKS Dent Pierce, Public Works Director, discussed the Big Pine Key Animal Shelter and advised the Board that the Public Works Department was ready to proceed with construc- tion of a facility to be jointly used by the County and City Electric System (who would donate the land). He advised the Board that additional funding would be required. The Board discussed possible schedule of a proposed use hearing to reallocate Federal Revenue Sharing funds originally designated for a library/civic center in Big pine Key, with that hearing to be held on Big Pine Key. No further action was taken. Mr. Pierce discussed the Big Pine Key Access Road. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to begin accepting the quit-claim deeds from owners of the right-of-way for the Big Pine Key Access Road for that portion which extends east of Key Deer Boulevard so that the Board could begin maintenance of the road as soon as possible. Motion carried unanimously. SOCIAL SERVICES Motion was made by Commissioner Puto and seconded by Commissioner Stormont to authorize advertisement for pro- viding food service in Key West. Motion carried unanimously. PLANNING, BUILDING ~ ZONING Donald Craig, Planning Director, discussed a sche- duled hearing on January lOth with RV Park owners and opera- tors concerning the FEMA Regulations. Mr. Craig discussed the status of the DCA Grant and / KK 99 funding and the request for an extension of time beyond the termination date of December lst. The Planning Director discussed the fact that the Land Use District original my1ars would soon be available to the Department, the public, and the Board. Mr. Craig advised the Board that he would be using high school students for the purpose of moving items and general office work in the Department. Prudence Fleming briefly addressed the Board con- cerning the FEMA Regulations. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed a request for a Joint City/County Commission Meeting. Mayor Lytton and the Board called for a Special Meeting at 10:OO a.m. on January 12th at City Hall to discuss bus service and solid waste. Mayor Lytton also called for a Special Meeting on Capital Improvements for 1:30 p.m. on January 12th at 310 Fleming Street. PUBLIC HEARINGS A Public Hearing was held to receive citizen input concerning Monroe County's Grant Application to the Florida Department of Community Affairs for a Small Cities Community Development Block Grant (CDBG) addressing the community's housing and community development needs. Proof of publica- tion was entered into the record. There was no public input. Paul Wick, Grants Manager, addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve. Motion carried unanimously with Commissioner Hernandez not present. A Public Hearing was then held on a proposed Ordinance concerning the control of animals within Monroe County. 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 with Commissioner Hernandez not present. Vern Pokorski, President of Big Pine Citizens Association, Ron Binns and Earl Carty addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to continue to the next meeting. Motion carried unanimously with Commissioner Hernandez not present. COUNTY ADMINISTRATOR The County Administrator advised the Board of his efforts to secure facilities for the Sugarloaf Ambulance Drivers. Motion was made by Mayor Lytton and seconded by Commissioner Puto to authorize the utilization of a portion of the proposed Cudjoe Substation to house the Sugarloaf Ambulance Drivers. Motion carried unanimously with Commissioner Hernandez absent from the meeting. Mr. Brown advised the Board that the State Department of General Services was involved in negotiations to purchase land for a Joint State/County Facility in the Marathon area. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve and authorize the Chairman to execute a Medicare Participation Agreement. KK \100 Motion carried unanimously with Commissioner Hernandez not present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Chairman of the Board to execute an Amended Declaration of Policy concerning Section A of the Monroe County Affirmative Action Plan. Motion carried unanimously with Commissioner Hernandez not present. RESOLUTION NO. 500-1987 See Res. Book No. 63 which is incorporated herein by reference. COUNTY CLERK Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve and authorize exe- cution of a Contract Amendment by and between Monroe County and The Palm Beach Group, Inc. for consulting services. Motion carried unanimously with Commissioner Hernandez not present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve Final Payment to The Palm Beach Group, Inc. in the amount of $13,500.00. Motion carried unanimously with Commissioner Hernandez absent from the meeting. AWARDING BIDS Motion was made by Commissioner Puto and seconded by Commissioner Freeman to postpone for two weeks the Awarding of Bids for Uniforms. Motion carried unanimously with Commissioner Hernandez not present. The Board was advised of receipt of the following bids for the Big Pine Shoal Modular Artificial Reef: Frank Keevan and Son, Inc. $17,877.00 $18,400.00 Peter Jones/Marine Construction Motion was made by Commissioner Freeman and seconded by Commissioner Puto to award the bid for the Big pine Shoal Modular Artificial Reef to the low bidder, Frank Keevan and Son, Inc. in the amount of $17,877.00. Motion carried una- nimously with Commissioner Hernandez absent from the meeting. MUNICIPAL SERVICES DISTRICT (WASTE) Peter Robinson of Hazen and Sawyer addressed the Board and presented a Technology Screening Report. The following individuals discussed the report: Frank Ostrand, George Kundtz, and Prudence Fleming of the League of Women Voters. There being no further business, the meeting was adjourned. * * * * *