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01/05/1988 Regular KK 105 Regular Meeting Board of County Commissioners Tuesday, January 5, 1988 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date in Courtroom "B", Courthouse Annex, Key West. Present and answering to roll call were Commissioner William Freeman, Commissioner Jerry Hernandez, Jr., Commissioner John Stormont, and Mayor Eugene Lytton. Also present were Danny L. Kolhage, Clerk; Rosalie L. Connolly, Deputy 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. Commissioner Michael Puto entered the meeting and took his seat. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Mayor Lytton and the County Administrator presented the October Employee of the Month Award to Wendy Key-Buxton. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve travel for all County Commissioners to the Florida Association of Counties Mid-Year Conference on February 25th and February 26th in Jacksonville. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to authorize travel for any County Commissioner to attend the Florida Department of Transportation meeting on the 5-Year Transportation Plan on January 14th in Miami Beach. Motion carried unanimously. Mayor Lytton discussed a memorandum from Donald Craig, Planning Director, and Robert Smith, Biologist, dated December 28, 1987, regarding the cost analysis of con- ducting H.E.I.'s (Habitat Analysis). Mr. Craig addressed the Board. No action was taken. The Board entered into a discussion concerning the status of the Courthouse Annex structural alterations. Tom Brown, County Administrator, advised the Board that final plans would be ready for review on January 12th. Peter Ilchuk, Supervisor of Elections, addressed the Board. After a lengthy discussion by the Board, the County Administrator was directed to expedite this matter and keep all parties fully informed as to status. Motion was made by Mayor Lytton and seconded by Commissioner Hernandez to approve a refund of a Map Amendment Application Fee to Big Pine United Methodist Church in the amount of $250.00. Motion carried unani- mously. Jerry Parrish, Chairman of the Veterans Council of KK )106 Monroe County, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to adopt, as amended, the following Resolution recognizing the Veterans Council of Monroe County, Florida as a Standing Advisory Committee of continuing existence to make recommen- dations to the Board of County Commissioners in matters per- taining to Veterans Affairs. Motion carried unanimously. RESOLUTION NO. 001-1988 See Res. Book No. 64 which is incorporated herein by reference. Bill Smith of the Florida Keys Contractors Association addressed the Board. After lengthy discussion by the Board and the Planning Director, motion was made by Commissioner Hernandez and seconded by Mayor Lytton to adopt the following Resolution providing for a ninety (90) day written notice to be given to the Contractors Association prior to any changes to the Monroe County Building Code; providing that the Florida Keys Contractors Association be recognized as the official representative of the construc- tion industry in Monroe County. RESOLUTION NO. 002-1988 See Res. Book No. 64 which is incorporated herein by reference. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Freeman to amend the previous motion to remove the word "interpretative" from Section 1 of the Resolution. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No No Yes No Motion to amend failed. Roll call vote on the original motion to adopt the Resolution was then taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. Mayor Lytton and County Administrator Brown then presented the November Employee of the Month Award to Sarah Curry. David Paul Horan, attorney, addressed the Board regarding Monroe County vs. Graham. He also discussed the recent problems with the Department of Community Affairs and the Land Use Plan. After a lengthy discussion, motion was made by Commissioner Hernandez and seconded by Mayor Lytton to have David Paul Horan continue representing the County in the current litigation; to direct Mr. Horan to file an imme- diate lawsuit contesting the constitutionality of the actions of the Department of Community Affairs; and to approve payment of $10,000.00 to Mr. Horan's firm for work necessary up to the point of issue. Roll call vote was taken with the following results: KK 107 Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No Yes Motion carried. Mr. Horan presented to the Board a Resolution of the Greater Key West Chamber of Commerce sup- porting the County Commission in its struggle to preserve local government and insure a Constitutional separation of the powers of government. Fred Tittle, attorney, addressed the Board. The Board entered into a discussion concerning a proposed Ordinance creating three individual special districts for health care and facilities enhancement thereof. Commissioner Puto directed Reggie paros, EMS Director, to contact the EMS Council and set up a meeting in the next ten days so that they could consider this proposed Ordinance. Motion was made by Commissioner Stormont declaring an emergency exists and to adopt the proposed Ordinance in order to meet the deadline for the March 8th Presidential Primary Election. Motion died for lack of a second. Motion was then made by Commissioner Stormont and seconded by Commissioner Puto to advertise for Public Hearing the proposed Ordinance creating three individual special districts for health care and facilities enhancement theof; defining the boundaries thereof; providing for the purposes of the districts; etc. Roll call vote was unani- mous. Motion was made by Mayor Lytton and seconded by Commissioner Hernandez to advertise for one Public Hearing a proposed Ordinance regarding compensation to the Land Authority Advisory Board members. Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to advertise for three Public Hearings a proposed Ordinance regarding occupational licenses for buyers and sellers of salt water products and setting the fee for such occupational license at $18.00. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the City of Key West's request for easement on Government Road. Motion carried unanimously. The Board entered into a discussion concerning the reV1S1on of the Administrative Procedures. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to table this matter indefinitely. Motion was made by Commissioner Stormont to adopt the recommendations of the Administrator. Motion died for lack of a second. Roll call vote on the motion to table indefinitely was taken with the following results: - Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes Yes No No Motion carried. During discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Puto to amend the previous motion to sunset six months from today. KK 1108 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 made by Commissioner Freeman and seconded by Commissioner Puto to authorize travel to Gainesville on January 21st and January 22nd for a meeting concerning Water Quality. Motion carried unanimously. Mayor Lytton discussed the upgrading of FKAA's systems. No official action was taken. BULK APPROVALS Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to approve the following items by unanimous consent: Board approved the removal from the inventory of the Key West Library of one 1977 Royal Typewriter (Inventory Control Number 0212-575). Board approved the removal from the inventory of the Public Works Department the following: 1976 Mercury 4 dr., SN 6K30L5299l2, Unit 0903-339 1977 Chevy Van, SN CGL257U138692, Unit 0920-285 Huber SN F162-2l34l7, Unit 4102-76 Riding Mower, Unit 0940-66 1981 Plymouth 4 dr., SN 3BR27N9BA126849, Unit 0940-108 1981 Plymouth 4 dr., SN 3BR27N2BA126837, Unit 0940-117 1975 Chevy 4 dr., SN lX69D5TlU9534, Unit 0940-129 1978 Ford truck, SN F60DVBA0264, Unit 0978-36 Craftsman Riding Mower, SN 6013351, Unit 4102-264 1966 Chevy Bus, SN HS69265228006, Unit 2557-8 Ford Van, SN EOUBHY72053, Unit 4102-271 Ford Tractor Auger, SN VlOU796, Unit 4102-303 Craftsman Mower - Unit 3404-2 Craftsman Mower - Unit 0990-24 Craftsman Mower - Unit 0903-307 Craftsman Mower - Unit 113-3060 Craftsman Mower - Unit 0903-310 Lawn Chief Mower Kee Self-Propelled, Unit 0920-262 Kee Self-Propelled, Unit 0920-280 Kee Self-Propelled, Unit 6102-259 Yazoo Mower, Unit 0944-12 Talkmate Edger, Unit 0944-15 McLane Edger, Unit 6102-235 1978 Cobia Boat, Unit 0940-62 Board approved the request of the Supervisor of Elections to transfer a wall-mounted water fountain from Public Works inventory to the Little League Football League for installa- tion at Wickers Field. Board authorized payment of TDC expenditures in the amount of $7,665.00 (Input Date 12/15/87), subject to final invoice approval by the Finance Department. Board authorized payment of TDC expenditures in the amount KK 109 of $2,841.71 (Input Date 12/14/87), subject to final invoice approval by the Finance Department. Board authorized payment of TDC expenditures in the amount of $100,870.84 (Input Date 12/l0/87), subject to final invoice approval by the Finance Department. Board authorized payment of TDC expenditures in the amount of $1,630.62, (Input Date 12/10/87), subject to final invoice approval by the Finance Department. Board authorized the purchase of two Computer Display Terminals in the total amount of $1,554.00 for Monroe County Older Americans' Transportation Program. Board approved the payment of $564.20 to H. W. Beyer Funeral Home, Inc. for the Pauper Burial of a deceased male, date of death 9-27-87. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of E. William and Beverly (Boling) Goldner for a 400 square foot addition to be built at required elevation, 203 square foot enclosure for stairway and storage to existing single- family residence at grade (existing house built in 1956; Monroe County Tax Appraiser's value $66,182.00, proposed construction by bid $31,500.00) on Lots 40 and 41, Sugarloaf Shores, Section C, Sugar loaf Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 1493. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Dennis Johnson for an existing 1414 square foot building to be remodeled - without a building permit - converted to a home office and recreation room with electric and plumbing below the 100-Year Flood Elevation (existing structure built September, 1974; valued at $37,230.00, proposed work to be $5,499.00) on Lots 13 and 14, The Hammock, S. Hammock Road, Upper Matecumbe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-13. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of B. Virgil Miller for a 586.24 square foot enclosure for storage only on Lot 6, Block 28, Cutthroat Harbor Estates, Cudjoe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel l5l3C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Louis A. Salerno, Jr. for a 1200 square foot addition to the existing single-family residence (existing house built in 1972; Tax Appraiser's value $93,286.00, addition to cost $35,000.00 per owner) on Lot 19, Block 13, Key Largo Beach, Key Largo; Zoned IS - Improved Subdivision; Coastal Flood Zone V-2l, Panel 1004C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Ned Winn/Susan Beardsley for 130 square feet existing grade to be remodeled for Florida room and storage (existing single family residence built in 1965; Tax Appraiser's value $53,671.00 - value at remodeling at $40.00 per square feet equals $5,200.00) on Lots 31 and 32, North Block, Paradise Point Cove, North Blackwater Lane, Key Largo; Zoned IS - Improved Subdivision; Coastal Flood Zone V-16, Panel 0842C. KK 110 COUNTY ATTORNEY Board granted permission to advertise for Public Hearing a proposed Ordinance amending Article VIII, Monroe County Code, entitled "Tourist Development Tax"; providing for the levy of a Tourist Development Tax; providing for the collec- tion of said tax; establishing the Monroe County Tourist Development Council; providing for the repeal of the Tourist Development Tax; etc. Board granted permission to advertise for Public Hearing a proposed Ordinance providing for the adoption of the Life Safety Code; etc. Board adopted the following Resolution approving the correction of scrivener's errors in the map recommendation heretofore made in the Monroe County Land Development Regulations and Map concerning Ocean Reef Shores. RESOLUTION NO. 003-1988 See Res. Book No. 64 which is incorporated herein by reference. EXTENSION SERVICES Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute an Agreement by and between the Board and Frank Keevan and Son, Inc. concerning a Boating Improvement Fund Project to construct the Big pine Shoal Modular Artificial Reef at Big Pine Key, Monroe County. RESOLUTION NO. 004-1988 See Res. Book No. 64 which is incorporated herein by reference. SOCIAL SERVICES Board approved and authorized execution of the Title III-B Grant from the Area Agency on Aging for Dade and Monroe Counties to Monroe County Older Americans Transportation Program for Fiscal Year January 1, 1988 through December 31, 1988 for a Total Project Budget of $201,363.00. Board approved and authorized execution of the Title III C-l and C-2 Budget for congregate and home-delivered meals programs for the Monroe County Nutrition Program. Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute Contract t88-l-887 - Title III-B - by and between the Area Agency on Aging for Dade and Monroe Counties/United Way of Dade County and the Monroe County Board of Commissioners (Transportation Program). RESOLUTION NO. 005-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the fOllowing Resolution authorizing the Mayor/Chairman of the Board to execute a Contract by and between the Board of County Commissioners of Monroe County (Social Services Department) and the City of Key West Port and Transit Authority pertaining to maintenance for Monroe County Transportation Program vehicles. KK '111 RESOLUTION NO. 006-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute Contract '88-2-878 - Title III-C-I - by and between the Area Agency on Aging for Dade and Monroe Counties/United Way of Dade County and the Monroe County Board of Commissioners (Nutrition Program). RESOLUTION NO. 007-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute Contract #88-3-878 - Title III-C-2 - by and between the Area Agency on Aging for Dade and Monroe Counties/United Way of Dade County and the Monroe County Board of Commissioners (Nutritition Program). RESOLUTION NO. 008-1988 See Res. Book No. 64 which is incorporated herein by reference. COUNTY ADMINISTRATOR Board accepted recommendation of County Administrator to lease a vehicle for the Deputy Fire Marshall from Blake Buick in Homestead in the amount of $289.96 per month. Board authorized the renewal of Emergency Services' Auto Policy at an annual premium of $69,646.00, effective January 10, 1988. Board authorized the renewal of Emergency Services' General Liability Policy at an annual premium of $5,850.00, effec- tive January 10, 1988. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Tanju T. Mishara, Ph.D., in the amount of $450.00. COURT-APPOINTED ATTORNEYS, L. E. Brown, in the amount of $850.00; Patrick T. Canan, in the amount of $1,157.50; Russell H. Cullen, in the amount of $469.50; J. Allison DeFoor, II, in the amount of $745.53; Roberta S. Fine, in the amount of $3,886.75; Joseph Galletti, in the amount of $350.00; William Kuypers, in the amount of $2,412.50; Jeffrey B. Meyer, in the amount of $493.75; Kathryn J. Bass, in the amount of $25.00; John P. Rotolo, in the amount of $473.75; T. Nicholas Thomes, in the amount of $1,151.58. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $55.00; Florida Keys Reporting, in the amount of $202.60; Nancy J. Maleske, in the amount of $1,339.40; Nichol & Hardy Court Reporters, in the amount of $232.80. COURT INTERPRETER SERVICES, Adriana Araujo, in the amount of $90.00; Serafin Calero, in the amount of $30.00; Amelia Miranda, in the amount of $40.00. KK '112 WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $1,230.75. Board approved the following Warrants: GENERAL REVENUE FUND, #804l8-t8l155, in the amount of $700,499.39. ---- SUPPLEMENT TO GENERAL REVENUE FUND, '214, in the amount of $25,477.14:- FINE ~ FORFEITURE FUND, t668, in the amount of $846.39. AIRPORT OPERATION & MAINTENANCE FUND, #434-'435, in the amount of $10,847.15. - ROAD & BRIDGE FUND, t484-t485, in the amount of $201,046.gs:- - ---- MSD TAX DISTRICT, #1037-#1049, in the amount of $301,225.50. --- MSD, Marine Bank, Marathon, #404, in the amount of $27,921.10:- MSD, Pledged Funds, '106, in the amount of $345,000.00. LAW LIBRARY FUND, '220, in the amount of $510.00. CAPITAL PROJECTS FUND, #263, in the amount of $1,197.07. ---- CARD SOUND BRIDGE FUND, #201-#202, in the amount of $7,877.12:--- ---- WORKERS COMPENSATION, #2384-12396, in the amount of $11,595.44. TOURIST DEVELOPMENT COUNCIL, #459-t461, in the amount of $16,042.00. MONROE COUNTY SELF-INSURED GROUP INSURANCE, '214- t2l7, in the amount of $201,765.51. TRANSLATOR FUND, 1158-t159, in the amount of $3,278.88. ---- 610 LAND AUTHORITY TRUST ACCOUNT, #14-#36, in the amount of~,349.32. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, tl05, in the amount of $67,142.08. Board approved payment of Monroe County Tourist Development Council expenditure in the amount of $532.80 to Island Navigator, waiving provisions of F.S. 112.313(3) and (7) pursuant to F.S. 112.313(12). Board authorized Tax Collector to issue Duplicate Tax Sale Certificate No. 124 dated May 23, 1984 in the sum of $12.07 to Rex Hopkins inasmuch as the original certificate was lost or destroyed. Board authorized Tax Collector to issue Duplicate Tax Sale Certificate No. 1958 dated June 17, 1981 in the sum of KK 113 $146.90 to Joe Miklas, Personal Representative of the Estate of Robert S. Appleton inasmuch as the original certificate was lost or destroyed. Board adopted the following Resolutions concerning receipt of unanticipated funds for the year 1986-87. RESOLUTION NO. 009-1988 RESOLUTION NO. 010-1988 RESOLUTION NO. 011-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolutions concerning receipt of unanticipated funds for the year 1987-88. RESOLUTION NO. 012-1988 RESOLUTION NO. 013-1988 RESOLUTION NO. 014-1988 RESOLUTION NO. 015-1988 RESOLUTION NO. 016-1988 RESOLUTION NO. 017-1988 RESOLUTION NO. 018-1988 RESOLUTION NO. 019-1988 RESOLUTION NO. 020-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1986-87. RESOLUTION NO. 021-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1987-88. RESOLUTION NO. 022-1988 See Res. Book No. 64 which is incorporated herein by reference. Motion carried unanimously. The Board recessed for lunch and an inspection tour of Higgs Beach, Smathers Beach and White Street Pier with representatives of the Department of Natural Resources. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. SOUNDING BOARD FOR PUBLIC INPUT Kirby Green, Director of the Division of Beaches & Shores of the Department of Natural Resources, addressed the Board regarding the inspection tour of Higgs Beach, Smathers Beach and White Street Pier and discussed renourishment and restoration problems. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve tra- vel for any County Commissioner on February 5th to Tallahassee to make a presentation regarding this matter. Motion carried unanimously. Pat Barrett of Langton & Associates addressed the Board regarding Monroe County's Grant Writing Needs Assessment. No action was taken. KK 114 Vern Julson and Hugh Papy, attorney, addressed the Board regarding replacement of trailers within trailer parks and the FEMA Regulations concerning same. Bob Herman, Building Official, addressed the Board. S. L. Sanclimenti, Paul Galloway and Laverne Griffin also addressed the Board. Mr. Herman advised that there would be a workshop meeting at 7:00 p.m. on January 11th at Key Colony Beach to discuss RV-Mobile Home Parks. After lengthy discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Puto to direct the Co~nty Attorney to file an immediate appeal to the rules of FEMA on the replacement of mobile homes. 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 Stormont and seconded by Mayor Lytton to instruct the County Attorney to research the legality of imposing a moratorium on stick-built structures in all RU-5 and RU-5P Districts. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No No Yes No Motion failed. COMMISSIONERS' ITEMS Mayor Lytton and County Administrator Brown pre- sented the First Monroe County Employee of the Year Award to John Smouse. SOUNDING BOARD FOR PUBLIC INPUT Jim Lewis discussed the February 1988 Land Use Plan moratoria. Bob Harris, Consulting Engineer, Charles Aguero, MSD Director, and Don Craig, Planning Director, also addressed the Board. No action was taken. Mayor Lytton introduced Senator Larry Plummer who was in the audience. S. L. Sanclimenti addressed the Board regarding various items of community interest. EMERGENCY SERVICES Gerald Wexelbaum of Arthur Young & Company made a presentation to the Board regarding the EMS Master Plan. MISCELLANEOUS Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to accept the recommendation of Henry Naubereit, Consultant, and award the inspection of the Translator Towers in the amount of $4,069.80 to S & S Towers, Inc. of Okeechobee. Motion carried unanimously. COMMISSIONERS' ITEMS The Board entered into a discussion regarding the KK 115 Third Cent Tourist Development Tax. After lengthy discussion, motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution requesting the Tourist Development Council to support the position of the County that l~ of the 3~ Tourist Development Tax in District I be ear-marked for beaches for the next five years. Sandy Higgs and Linda O'Brien addressed the Board. RESOLUTION NO. 023-1988 See Res. Book No. 64 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 No No Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held concerning the proposed closure of a portion and placement of a barrier across Elma Avenue and Cupon Road, Piney Point Subdivision, Big Pine Key. Proof of publication was entered into the record. Vern Pokorski addressed the Board in support of the closing of the road. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to adopt the following Resolution to close a portion of and authorize the placement of a barrier or barriers on the following described streets, roads, or highways as delineated herein: A portion of Elma Avenue from a point at the intersection of Elma Avenue and Richard Road to the termination of Elma Avenue at the mean high water line on the body of water locally known as Cupon Bight; and a portion of Cupon Road from the intersection of Cupon Road and Big Pine Avenue to the intersection of Elma Avenue and Cupon Road. Motion carried unanimously. RESOLUTION NO. 024-1988 See Res. Book No. 64 which is incorporated herein by reference. A Public Hearing was then held on a proposed Ordinance related to Blasting and Explosives; amending Section 5-1, Monroe County Code, updating and expanding cer- tain technical definitions; amending Subparagraphs 5-4(c)(10), (11), (13) and (14), M.C.C., updating magazine terminology and adding regulatory citations; amending Subparagraph 5-4(c)(11), M.C.C., incorporating by reference the American Table of Distances for Storage of Explosives; amending Subparagraph 5-4(c)(12), M.C.C., providing waiver authority for certain distances; amending Paragraph 5-5(a), M.C.C., defining "Remote"; amending Paragraph 5-5(i), updating terminology; amending Subparagraph 5-5(j)(2), M.C.C., extending warning distance and providing a regula- tory citation; creating Subparagraph 5-5(j)(4), M.C.C., clarifying signage requirements; amending Paragraph 5-5(1), KK ,116 M.C.C., allowing limited use of metal slitters; creating Paragraph 5-5(0), M.C.C., regulating personal vehicle parking at blasting sites; amending Section 5-7, M.C.C., deleting obsolete references to amplitude; creating Section 5-7.1, M.C.C., entitled "Atmospheric Overpressure or Airblast Performance Standards; Monitoring", setting forth safe maximum decibel levels at blast sites and providing the Building Official may require monitoring thereof; creating Section 5-7.2, H.C.C., entitled "Flyrock", defining and regulating same; amending Section 5-8(c)(2), H.C.C., deleting reference to Vibration Engineer; amending the foot- note following Paragraph 5-8(d), M.C.C., correcting a scri- vener's error; amending Section 5-9, M.C.C., lettering existing language as Paragraph (a) and creating Paragraph 5-9(b), providing exemptions from preblast inspection requirements for existing permit holders in certain cases; amending Section 5-10, M.C.C., providing that violations of certain Federal Statutes and Regulations constitute viola- tions of this Chapter; creating Paragraph 5-22(d), M.C.C., providing for blasting designs, notice to residents of buildings or structure owners within a scaled distance of 150 from blasting sites, providing for mandatory preblast inspections of builldings or structures by blasters unless refused by owner/occupants, providing a formula for com- putation of scaled distance and providing for monthly reporting to the Building Official during blasting opera- tions; creating Paragraph 5-22(e), M.C.C., providing moni- toring instrumentation acceptable to the Building Official; relettering Paragraph 5-22(d), M.C.C., as 5-22(f), M.C.C.; amending Subparagraph 5-22(f)(7), M.C.C., updating an obso- lete reference; amending Section 5-25, M.C.C., correcting an erroneous term; amending Paragraph 5-26(c), M.C.C., correcting a numerical inconsistency with Section 5-7, M.C.C., and deleting obsolete references to amplitude; con- forming Paragraphs 5-26(c) and (d), M.C.C., with newly created Paragraphs 5-22(e), M.C.C., amending Paragraph 5-28, M.C.C., providing County revocation authority for violators of cited Federal requirements 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. The following people addressed the Board: Fay Daniels of No Name Key; Dr. Miller, President of Port Pine Heights Property OWners Association; and Jeffrey Straw, representing Tarmac. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Ordinance. ORDINANCE NO. 001-1988 See Ord. Book No. 17 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. A Public Hearing was then held on a proposed Ordinance providing for the awarding of $5,000.00 to Big Brothers - Big Sisters of Monroe County, Florida, a non- profit organization; designating such award to be non- renewable; providing for severability; providing for KK 117 inclusion ip the Monroe County Code; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing for an effective date. 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 Hernandez to adopt the following Ordinance. Motion carried unani- mously. ORDINANCE NO. 002-1988 See Ord. Book No. 17 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance providing for the creation of County Beach and Shore Preservation Authority Districts; providing for the creation of County Beach and Shore Preservation Authority District Advisory Boards; providing for membership of said Advisory Boards; providing for the functions, powers, and respon- sibilities of said Authority District Advisory Boards; pro- viding for severability; providing for all Ordinances or parts of Ordinances in conflict herewith; providing for incorporation in the Monroe County Code; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Hernandez 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. 003-1988 See Ord. Book No. 17 which is incorporated herein by reference. The Board then proceeded to appointments of District 'l's Advisory Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to appoint Randy Moore, at the recommendation of the Greater Key West Chamber of Commerce. Motion carried unanimously. Motion was then made by Commissioner Lytton and seconded by Commissioner Puto to appoint Emma Cates. Motion carried unanimously. Mayor Lytton to appoint Commissioner Hernandez as the County Commissioner from District tl since Commissioner Freeman declined the nomination to serve on that Board. A Public Hearing was held on a proposed Ordinance creating a Chapter of the Monroe County Code entitled "Abatement of Nuisances", establishing the Nuisance Abatement Board of Monroe County to hear complaints and evi- dence regarding drug-related nuisances on premises located in Monroe County, to declare said premises public nuisances, to enter orders prohibiting the maintenance of said nuisan- ces, and the operation of said premises and to bring suit for permanent injunction against said nuisances; authorizing the County Attorney or any citizen of Monroe County to sue in the name of the State to enjoin any nuisance as defined in Section 823.05 of the Florida Statutes, the persons main- taining it, and the owner or agent of the building or ground on which the nuisance exists; providing for severability; providing for the repeal of all Ordinances or parts thereof in conflict herewith; providing for incorporation into the Monroe County Code; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner KK 118 Freeman 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. 004-1988 See Ord. Book No. 17 which is incorporated herein by reference. 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. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution authorizing the filing of a Community Development Block Grant Application, directing the execution of the same by the proper County authorities, and recognizing the holding of two Public Hearings on December 15, 1987 and on January 5, 1988. Motion carried unanimously. RESOLUTION NO. 025-1988 See Res. Book No. 64 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance amending Ordinance No. 031-1986 in order to provide for interim and permanent acquisition procedures, etc. Proof of publication was entered into the record. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to continue for two meetings. Motion carried unanimously. A Public Hearing was then held on a proposed Ordinance relating to control of animals within Monroe County; repealing certain Ordinances currently in force; providing the authority and purpose of the Ordinance; pro- viding definitions; providing for the construction and main- tenance of animal pounds and fees for impounded animals; requiring the vaccination of dogs and cats; requiring the licensing of dogs and cats; providing for license fees; pro- viding for collection and use of revenues in connection with licensing; providing certain discounts for licensing; prohi- biting animals at large from public and private property; providing for control of fierce, dangerous and vicious ani- mals; prohibiting animals which constitute nuisances; pro- viding for confinement of female dogs and cats in heat; providing for curbing of dogs; providing for disposal of impounded animals and animals which constitute a nuisance; requiring confinement of fierce, dangerous and vicious animals; providing for seizure of animals by private pro- perty owners and tenants; providing for impoundment and disposal of animals delivered to the Department of Animal Control; prohibiting luring, enticing, seizing, molesting or teasing animals; providing for enforcement of the Ordinance; providing for fines for violation of the Ordinance; prohi- biting interference with the enforcement of this Ordinance; providing for quarantine of certain animals; providing for impoundment and treatment of sick and injured animals; pro- viding for disposal of dead animals; providing for disposi- tion of unredeemed dogs; restricting number of cats and dogs; excepting application of licensing for greyhounds and other dogs; prohibiting livestock in certain zones; pro- viding for rules and regulations under the Ordinance; pro- viding for construction of Ordinance provisions; providing for area of enforcement; providing for severability; ~I.'" SJ:. 'p KK 119 repealing all Ordinances or parts of Ordinances in conflict herewith to the extent of said conflict; providing for inclusion in the Monroe County Code of Ordinances; and pro- viding 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. Vern Pokorski addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance with an amendment to the definition of "animal ". Motion carried unanimously. ORDINANCE NO. 005-1988 See Ord. Book No. 17 which is incorporated herein by reference. AIRPORTS Art Skelly, Airport Manager, and Pat Rebull made a presentation to the Board concerning the redesign of the automobile parking lot at Key West International Airport. The Board accepted the report. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the County Administrator to review and prepare an RFP for a possible joint venture funding arrangement for the construction of the parking lot at Key West International Airport. Motion carried unanimously. Mr. Skelly and Bob Herman, Building Official, discussed a problem with a permit for a hangar at Marathon Airport. Al OWens addressed the Board concerning problems with the erection of the hangar and associated office space due to FEMA requirements. Motion was made by Commissioner Hernandez and seconded by Commissioner Stormont directing the County Attorney, the County Administrator and the Airport Manager to renegotiate the Lease between Monroe County and Marathon Air Service, Inc. to apply additional credits to the Lease due to increased cost of construction for flood-proofing, and to bring the Lease back to the Board for final approval. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes No Yes No .,. Motion carried. PLANNING, BUILDING ~ ZONING Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve, subject to receipt of a confirming letter from FEMA, the Application for Variance to the Flood Hazard Ordinance of Delton Leigh/ Amedeo DeSanctis regarding the Low Income Housing Project on Lot 7, Block 1, Marathon Beach, 41st Street, Key Vaca; Zoned MU - Mixed Use; Coastal Flood Zone A-13, Panel l579C. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve, subject to receipt of a confirming letter from FEMA, the Application for Variance to the Flood Hazard Ordinance of Frank D. Shumer for a 144 square foot enclosure below proposed 1008 square foot addition to be built above the 100-Year Flood Elevation KK 120 (applicant wishes to build new addition at the required ele- vation - attach to the non-conforming existing structure by flashing only for entrance), on Lot 16, Block 8, Sea Air Estates, Vaca Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-17, Panel 158lC. Motion carried unanimously. Anne Yates Burst addressed the Board concerning her Application for Variance to the Flood Hazard Ordinance for substantial improvement to existing single-family residence at grade (house buit over thirty-five years ago, requesting permit for second story addition above existing structure) on Lot 21, Block 1, Summerland Beach Addition No.2, Ocean Drive, Summerland Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 15l4C. The Board postponed consideration of this matter until later in the day. COMMISSIONERS' ITEMS Commissioner Hernandez discussed the Board's pre- vious action directing the MSD Manager and Social Services Director to review the problem concerning B. O.'s Fish Wagon. Mr. Aguero reported to the Board that they were unable to obtain any concessions from the Health Department concerning this matter. Buddy OWens and Peter Horton, Assistant City Manager, addressed the Board concerning the problem. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution authorizing the County Attorney to represent Monroe County in this matter and to review the problem with Dr. Bofill of the County Health Department. Motion carried unanimously. RESOLUTION NO. 026-1988 See Res. Book No. 64 which is incorporated herein by reference. PLANNING, BUILDING ~ ZONING Anne Yates Burst again addressed the Board con- cerning her Application for Variance to the Flood Hazard Ordinance. Mr. Rosenblatt, representing Ms. Burst, addressed the Board. After discussion, the Application was withdrawn by the applicant. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the New Port Largo hearing to be held on January 13th. Mr. Proby discussed the contract for Catch Basin work on Stock Island and the need to extend the time. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve a Change Order extending the time by ninety days on the Contract between Monroe County and Utility Contracting of Murfreesboro for the Catch Basin work in Stock Island. Motion carried unanimously. The County Attorney discussed the receipt of the appeal by K-Mart concerning the Traffic Impact Analysis. Mr. Proby advised the Board about the negotiations on the Translator System and recommended the approval of an offer to purchase in the amount of $196,400.00 plus ten per- cent interest from July 1. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution approving and authorizing the Mayor/ Chairman of the Board to execute an Agreement by and between KK 121 the County and Eden Hannon and Company concerning an exer- cise of the option to purchase the Translator System. RESOLUTION NO. 027-1988 See Res. Book No. 64 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 No Yes Yes Yes Motion carried. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the filing of an appeal on all Land Use Plan Text Change Applications heretofore filed and transmitted to the Department of Community Affairs for the first review period of said Plan. Motion carried unanimously. RESOLUTION NO. 028-1988 See Res. Book No. 64 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the filing of an appeal on all Land Use Plan Map Change Applications heretofore filed and transmitted to the Department of Community Affairs for the first review period of said Maps. Motion carried unanimously. RESOLUTION NO. 029-1988 See Res. Book No. 64 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the filing of an appeal for the denial by the Department of Community Affairs of the "Contiguous Lot Rule." Motion carried unanimously. RESOLUTION NO. 030-1988 See Res. Book No. 64 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to grant permission to advertise for Public Hearing a proposed Ordinance concerning the Occupational License of mobile repair and/or service busi- nesses and setting the license fee at $18.00. Motion carried unanimously. MUNICIPAL SERVICES DISTRICT (WASTE) Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to authorize Bob Leeman, Assistant County Attorney, to accompany Charles Aguero, MSD Manager, Tom Brown, County Administrator, and Charles Pattison, Executive Director of the Land Authority, to meet with DCA concerning funding. Motion carried unanimously. Mr. Aguero discussed incinerator complaints and indicated that the complaints occurred on a day when the KK 122 '1?~ "S ~t> incinerator was not in operation. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve payment of Invoice 15000 to Custom Industries, Inc. in the amount of $7,830.00. Motion carried unanimously with Mayor Lytton not present. EMERGENCY SERVICES Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the payment of $7,100.00 for the repair of a fire truck for District #6, Key Largo. Motion carried unanimously. PUBLIC WORKS Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to place a street light on Tamarind Drive on Big Coppitt Key. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernanez Commissioner Stormont Mayor Pro Tern Puto Yes Yes No Yes .,. Motion carried with Mayor Lytton not present. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to postpone for two weeks consideration of the hiring of a school crossing guard for Sugarloaf Middle School. Motion carried unanimously. PLANNING, BUILDING & ZONING Donald Craig, Director, discussed the second Six Months' Review. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 031-1988 See Res. Book No. 64 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution, after confirmation of the Minutes by the Clerk's Office, to correct a typographical error in order to provide 1.0 parking spaces per marina wet slip and 1.0 parking spaces per marina dry slip, subject to reduction upon verification of pertinent data. Motion carried unanimously. RESOLUTION NO. 032-1988 See Res. Book No. 64 which is incorporated herein by reference. George Garrett, Environmental Resources Coordinator, addressed the Board concerning the Water Quality Report prepared under Department of Environmental Regulation, Office of Coastal Management Grant OCM-170. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to authorize the Staff to proceed to obtain additional funding to continue this study. Motion carried unanimously. KK 1~ COUNTY ADMINISTRATOR The Board discussed their meeting with Staff and DCA to be held Friday, January 8th. Tom Brown, County Administrator, reminded the Board of the Joint City/County Commission Meeting on January 12th at 10:00 a.m. at City Hall, and also the Capital Improvements meeting on the same day at 1:30 p.m. Mr. Brown also advised the Board that DCA had sche- duled Public Hearings for January 19th, 20th and 21st. The Board indicated that they would proceed as usual with their Regular Meeting called for January 19th. COUNTY ADMINISTRATOR Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve payment of the following invoices: 1. Vernis & Bowling, P.A., in the amount of $1,015.86, for payment of professional services re Feldstein vs. Monroe County. 2. Morgan & Hendrick, P.A., in the amount of $2,665.69, for payment of professional services in re New Port Largo vs. Monroe County. 3. Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh, in the amount of $16,650.50, for payment of professional services re New Port Largo vs. Monroe County. 4. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $274.60, for payment of Monthly Invoice for Card Sound Road & Toll Bridge Authority. 5. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $380.00, for payment of Invoice No. Eleven in re Plantation Key Government Center Waste Water Treatment Plant. 6. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,087.90, for payment of Invoice No. Six in re Completion of Interior Finishing of Third Floor Jail Addition. 7. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,001.70, for payment of Invoice No. Six in re County Clerk's Space and Judge's Chamber/Courtroom Conversions. 8. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $246.00, for payment of Invoice No. Six in re Sheriff's Substation & Administra- tion Office on Cudjoe Key. 9. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,898.23, for payment of Invoice No. Nine in Environmental Permitting - Higgs Beach Pier. 10. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $586.12, for payment of Invoice No. Four (Final) in re White Street pier Permitting. KK 124 11. Siemon, Larson, Mattlin & Purdy, in the amount of $4,257.90, for professional services re Hopping vs. Monroe County (Port Bougainville Appeal). 12. David Paul Horan & Associates, P.A., in the amount of $2,857.45, for professional services re Monroe County vs. State of Florida (School Funding Formula). 13. Arthur J. Gallagher & Co., in the amount of $6,445.65, for additional premium - aggregate - Employee Benefit . 14. John R. Collins, P.A., in the amount of $1,200.00, for professional services re preparation and instruction of Code Enforcement Training Program. 15. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $42,206.35, for payment of Monthly Invoice for Road Work, October 31 through November 27, 1987. Motion carried unanimously. The County Administrator presented his Annual Report. Motion was made by Mayor Lytton and seconded by Commissioner Puto to accept the Annual Report and to con- tinue further discussion of the Report to the next meeting. Motion carried unanimously. Michael Managan, Assistant County Administrator, addressed the Board regarding the recent meeting concerning the 1988 Southeast Counties Legislative Program. A discussion concerning the Parking Facility for Jackson Square was continued to the Capital Projects meeting on January 12th. Mr. Brown discussed the proposed reorganization for Administrative Staff. Motion was made by Commissioner Hernandez to approve salary increases to Dent pierce, Louis LaTorre and Reggie Paros to bring them all to a salary of $44,000.00 per year. Motion died for lack of a second. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the pay changes recommended by the County Administrator. 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 to approve pay changes recommended by the County Administrator was unanimous. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve the Administrative Staff Reorganization, pursuant to the recommendation of the County Administrator, leaving the Code Enforcement Office directly under the County Administrator until receipt of the report and recommendation of the Advisory Committee which is now studying the Code Enforcement operation. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes No Yes Yes Yes Motion carried. KK 1~ AWARDING BIDS The Board was advised of receipt of the following bids for Supplying of Uniforms for Employees (Industrial Pants and Shirts): National Linen $4.90 per week per man ARA Services- Neway Uniform & Towel $4.50 per week per man American Service Control $6.03 per week per man Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the recommendation of Staff and award the bid for Supplying of Uniforms for Employees to the low bidder, ARA Services - Neway Uniform & Towel - excluding locker service. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to postpone for two weeks the awarding of the bid for Billing and Collection Service for User Fees Generated by Monroe County Emergency Services. Motion carried unanimously. The Board was advised of receipt of the following bids for Completion of Interior Finishing for Third Floor of the Jail Addition (at Jackson Square): Gomez Construction Company Base Bid - $499,800.00 Alt. tl - $499,800.00 Alt. #2 - $500,000.00 Hewett-Kier Construction, Inc. Base Bid - $592,000.00 Alt. #1 - $607,000.00 Alt. #2 - $637,000.00 Motion was made by Commissioner Freeman and seconded by Commissioner Puto to award the bid to the low bidder, Gomez Construction Company, for Alternate #2 in the amount of $500,000.00 plus an additional $50,000.00 for possible Change Orders concerning the elevator and windows. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * *