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01/19/1988 Regular KK 128 Regular Meeting Board of County Commissioners Tuesday, January 19, 1988 Tavernier A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Elks Club in Tavernier. Present and answering to roll call were Commissioner William Freeman, Commissioner Jerry Hernandez, Jr., Commissioner Michael Puto, Commissioner John Stormont, and Mayor Eugene Lytton. Also present were Danny L. Kolhage, Clerk~ Lucien Proby, County Attorney~ Tom Brown, County Administrator~ County Staff~ members of the Press and Radio~ and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. The Board proceeded to make additions, deletions and corrections to the Agenda. COMMISSIONERS' ITEMS Sheriff Freeman addressed the Board and requested that they proceed with a Call For Bids on the Cudjoe Key Substation and advised that he had worked with the Engineers to insure that it could now be constructed for the amount of funds available in the Budget. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the County Administrator to proceed with a Call For Bids on the Sheriff's Substation on Cudjoe Key. Motion carried unanimously. Mayor Lytton discussed a request by Representative Ron Saunders for any requests for legislation for the upcoming Session. No action was taken. Commissioner Freeman briefly discussed the new reorganizational program. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to postpone consideration of Agenda Items B-2 and P-6 to a workshop to be set by the Board. 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. Representatives of Comair addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the County Administrator, Airport Director and County Attorney to prepare a proposed Lease Agreement between the County and Comair and return it to the Board for consideration. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to adopt the following Resolution establishing fees in conformance with the Monroe County Animal Control Ordinance. Motion carried unani- mously. KK 1~ RESOLUTION NO. 033-1988 See Res. Book No. 64 which is-rncorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to appoint Kay Graddick to the Highway Beautification Committee. Motion carried unani- mously. Commissioner Puto discussed the Annual 7-Mile Bridge Run. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the Annual 7-Mile Bridge Run on April l6th, subject to review and approval of the necessary insurance documents. Motion carried unanimously. Commissioner Puto discussed the Board's action con- cerning parking space. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution rescinding Resolution 032-1988 and correcting a typographical error in order to provide .67 parking spaces per marina wet slip and .25 parking spaces per marina dry slip. Motion carried unanimously. RESOLUTION NO. 034-1988 See Res. Book No. 64 which is incorporated herein by reference. Commissioner Puto discussed the Board's previous action concerning FEMA. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to reconsider the Board's previous action concerning the authorization to proceed with litigation against FEMA. Motion carried unani- mously. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman to rescind the Board's pre- vious direction to proceed with a lawsuit concerning FEMA Regulations and, instead, to proceed through the administra- tive appeal process. Motion carried unanimously. Commissioner Hernandez discussed the Board's pre- vious appropriation of $2,500.00 to the State Association of County Commissioners Building Fund. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to authorize the advertisement of an Ordinance to authorize an additional appropriation to the State Association of County Commissioners Building Fund. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt a Proclamation proclaiming the last week of January as WORLD DEMOCRACY WEEK. Motion carried unanimously. Motion was made by Mayor Lytton and seconded by Commissioner Freeman to approve a Proclamation proclaiming January 20 - January 16, 1988 as MARTIN LUTHER KING WEEK to be observed throughout Monroe County. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the County Attorney to prepare the necessary Ordinance to authorize the Mayor to execute Proclamations without specific approval of the Board. Motion carried unanimously. Mayor Lytton discussed Rules of Civil Procedure 1.180 concerning third-party joinders. Motion was made by Mayor Lytton and seconded by Commissioner Hernandez to adopt KK 130 the following Resolution g1v1ng authority to the County Attorney and his office to utilize and invoke, at his discretion, the third party rule that is set forth in the Florida Rules of Civil Procedure. Motion carried unani- mously. RESOLUTION NO. 035-l988 See Res. Book No. 64 which is incorporated herein by reference. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the following items by unanimous consent: Board approved request by Big Pine Athletic Association to change date of Big Pine Bike Classic from January l7th to February 2lst. Board authorized payment of TOC expenditures in the amount of $4,750.00 (Input Date l/7/88), subject to final invoice approval by the Finance Department. Board authorized payment of refund of $50.00 to Aspinwall & Associates for fee paid for a Flood Variance Application which was withdrawn. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Barefoot Pointe, Inc. for a 28l square foot addition to existing timeshare building to be built below the lOO-Year Flood Elevation (existing building built in 1965; appraised value of building $4ll,482.00, proposed construction of 281 square feet at $50.00 per square foot equals $14,050.00) on Lot 6, Block 2, Coury's Subdivision, Old State Road 4-A, Upper Matecumbe Key; Zoned SR - Suburban Residential; Coastal Flood Zone V-l7, Panel lll8C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of James P. Birren for a 328 square foot addition for crab room (existing building of 2000 square feet at 4' elevation, permitted in 1985 - Flood Variance approved on 3/8/85 under Freeman) on Lot l, Parrish, 20th Street, Key~aca; Zoned CFA - Commercial Fishing Area; Coastal Flood Zone A-13, Panel l578C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Tod Brown for a 546 square foot enclosure - 252 square feet and 294 square feet at each end under existing single- family residence for parking on Lot 39, Sugarloaf Shores, Section D, Sugar loaf Boulevard, Sugarloaf Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12 and A-lO. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of R. D. Frye for construction of a 660 square foot garage on Government Lot 4, Lime Lane (94th Street), Key Vaca; Zoned SR - Suburban Residential; Coastal Flood Zone V-17, Panel l58lC. Board approved, per staff conditions and recommendations, the Applicat~on for Variance to the Flood Hazard Ordinance of James G. Swingos for the construction of an l8 x 22 (14 x 22 at one end) garage - 352 square feet - on Lot l3A, KK 131 Treasure Island, Treasure Road, Boot Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-17, Panel l579C. Board approved Town Centre of Islamorada's Major Conditional Development Order on the Consent Agenda. COUNTY ATTORNEY Board granted permission to advertise a Notice of Public Hearing concerning the Big Pine Key Animal Shelter. Board adopted the following Resolution rescinding Resolution No. 505-l987 concerning a request to the Supervisor of Elections to conduct a Referendum Election on March 8, 1988 for the establishment of a Municipal Service Taxing Unit in Cross Key Waterway Estates. RESOLUTION NO. 036-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute a Maintenance Agreement by and between WPS Development, Inc. and the Board of County Commissioners con- cerning software. RESOLUTION NO. 037-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution amending Article I entitled "Membership" of the By-laws of the Monroe County Older Americans Advisory Board. RESOLUTION NO. 038-1988 See Res. Book No. 64 which is incorporated herein by reference. MUNICIPAL SERVICES (WASTE) Board approved payment to C. Bob Beale Co., Inc. in the amount of $46,378.69 for Invoice 9774 for repairs on Unit #3 in Key Largo. Board approved payment to C. Bob Beale Co., Inc. in the amount of $44,957.63 for Invoice 9773 for repairs on Unit #5 on Long Key. Board granted approval to attend a Resource Recovery for Small Communities Seminar in Panama City, Florida from February lOth through February l2th. Board granted permission to advertise a Call For Bids on a Backhoe. AIRPORTS Board adopted the following Resolution ratifying the Board's action of October 20, 1987 to approve and execute a Joint participation Agreement by and between the State of Florida Department of Transportation and the County concerning a Noise Study at the Key West International Airport. RESOLUTION NO. 039-1988 See Res. Book No. 64 which is incorporated herein by reference. KK 132 Board adopted the following Resolution ratifying the Board's action of October 20, 1987 to approve and execute a Joint Participation Agreement by and between the State of Florida Department of Transportation and the County concerning a Noise Study at the Marathon Airport. RESOLUTION NO. 040-1988 See Res. Book No. 64 which is incorporated herein by reference. EMERGENCY SERVICES . Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Contract by and between the State of Florida Department of Health and Rehabilitative Services and the Board of County Commissioners concerning an in-service training program for the County's Emergency Medical Services. RESOLUTION NO. 041-1988 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 a Department of Natural Resources Florida Boating Improvement Program Development Project Agreement by and between the State of Florida Department of Natural Resources and Monroe County concerning the project known as Simonton Street Boater's Park, Key West. RESOLUTION NO. 042-l988 See Res. Book No. 64 which is incorporated herein by reference. PUBLIC WORKS Board approved the position of a School Crossing Guard for Sugarloaf Elementary School. Board approved and authorized execution of Change Order No. 6 (Final) to Hewett-Kier Construction, Inc. in the decreased amount of $21,000.00 for the unacceptable flooring installed at the Justice Building. COUNTY ADMINISTRATOR Board approved payment of the following invoices: 1. Hewett-Kier Construction, Inc., in the amount of $70,245.86, for payment of Invoice No. 16 (Final) in re the Monroe County Justice Building. 2. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $3,104.84, for payment of Monthly Invoice for professional services for General Capital Project Services, 10/22-ll/27/87. 3. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., in the amount of $7l5.27, for professional services through l2/3l/87. 4. Neblett and Sauer, P.A., in the amount of $1,020.00, for professional services in re KK 133 Wedzicha vs. Monroe County Health Department. Board adopted the following Resolution amending Resolution No. 500-1987 regarding the Affirmative Action Plan. RESOLUTION NO. 043-1988 See Res. Book No. 64 which is incorporated herein by reference. COUNTY CLERK Board adopted the following three Resolutions concerning receipt of unanticipated funds for the year 1986-87. RESOLUTION NO. 044-1988 RESOLUTION NO. 045-1988 RESOLUTION NO. 046-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution concerning receipt of unanticipated funds for the year 1987-88. RESOLUTION NO. 047-1988 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. 048-1988 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. 049-1988 See Res. Book No. 64 which is incorporated herein by reference. Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Jeffrey Elenewski, Ph.D., in-the amount of $650.00~ Richard Hellman, in the amount of $225.00~ Guillermo Marcovici, P.A., in the amount of $670.00~ Mental Health Care Center of the Lower Keys, Inc., in the amount of $100.00~ Tanju T. Mishara, Ph.D., in the amount of $450.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $267.50~ Mary D. Bartlam, in the amount of $424.39~ Florida Keys Reporting, in the amount of $470.50~ Laws Reporting, Inc., in the amount of $354.l3~ Nancy J. Maleske, in the amount of $l04.75~ Nichols & Hardy Court Reporters, in the amount of $l,490.00. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $llO.OO~ Serafin Calero, in the amount of $30.00~ Maria Goulding, in the amount of $130.00~ Amelia Miranda, in the amount of $80.00~ Professional Translating Service, in the amount of $97.50~ Susana Totaro, in the amount of $25.00~ Jose E. Vazquez, in the amount of $25.00. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $890.5l~ Regular Witness Fees, in the amount of $25.00. KK 134 EXPERT WITNESS FEES, Lynn Langdale, B.A., M.A., in the amount of $500.00. Board approved the following Warrants: GENERAL REVENUE FUND, 181156-181987, in the amount of $2,013,536.92. ---- SUPPLEMENT TO GENERAL REVENUE FUND, 1215-'218, in the amount of $61,16~38. FINE & FORFEITURE FUND, '669-1675, in the amount of $2,265,078.33.- AIRPORT OPERATION & MAINTENANCE FUND, 1436-'439, in the amount of $41,210.33. - ---- ROAD & BRIDGE FUND, 1486-1489, in the amount of $178,066.~ - ---- MSD, Marine Bank, Marathon, 1405-1408, in the amount of~43,546.08. LAW LIBRARY FUND, 122l-1223, in the amount of $2,282.83:-- ---- 1981 IMPROVEMENT BONDS - INTEREST ~ SINKING, 145, in the amount of $92,069.26. CAPITAL PROJECTS FUND, 1264-1268, in the amount of $19,786.20. ---- CARD SOUND BRIDGE FUND, #203-1206, in the amount of $30,023.4~ ---- WORKERS COMPENSATION, #2397-#2418, in the amount of $31,904.70. TOURIST DEVELOPMENT COUNCIL, #462-1469, in the amount of $484,317.48. MONROE COUNTY SELF-INSURED GROUP INSURANCE, 12l8- 1221, in the amount of $57,400.97. TRANSLATOR FUND, 1160-1165, in the amount of $232,l35.18. ---- CROSS KEY WATERWAY, #49, in the amount of $543.61. 610 LAND AUTHORITY TRUST ACCOUNT, #37-#36, in the amount of-s65,937.52. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, 1106-#112, in the amount of $204,515.23.- 715 SPECIAL TAX DISTRICT, MARINERS HOSPITAL, 126, in the amount of $8,36l.34. 718 SPEC'IAL ROAD DISTRICT, VENETIAN SHORES, 10l, in the amount of $953.45:--- 003 COMMUNITY DEVELOPMENT BLOCK GRANT, 10l, in the amount of~,OOO.OO. Board approved Minutes of the following meetings of the Board of Directors: ll/l7/87, l2/1/87, 12/15/87, l2/22/87 and l2/29/87. KK 1.35 MISCELLANEOUS Office of the Tax Collector Board approved the request to advertise for bids to publish delinquent tax notices. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to remove Key Largo Lodge from the Consent Agenda inasmuch as an appeal had been filed in this case. Motion carried unanimously. Jim Mattson, representing Key Largo Lodge, Inc., and Carol Wolfe, repre- senting the Upper Keys Citizens Association, addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman that all appeals will be heard in the area where the property is located. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes No No No Motion failed. Motion was then made by Commissioner Stormont and seconded by Commissioner Puto to agenda this appeal item at the next Regular Meeting pursuant to the pro- visions of the Land Use Plan. Roll call vote was unanimous. COMMISSIONERS' ITEMS Mayor Lytton recognized Senator Plummer who was in the audience. Commissioner Stormont discussed three proposed Emergency Ordinances creating Trauma Districts. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to reconsider the Board's previous action concerning this matter. Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Freeman declaring an emergency exists and waiving the requirements of advertising under the provisions of Florida Statutes. Doris Kemp of Key Largo Ambulance, Alice Norris, and Bill Pace of Key Largo Baptist Temple addressed the Board. Roll call vote on the motion to declare an emergency was unanimous. Motion was then made by Commissioner Hernandez and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Alison Fahrer addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Emergency Ordinance creating the Lower Keys Municipal Service Taxing District for health care and faci- lities enhancement thereof; defining the boundaries thereof; providing for the purpose of the District; designating the governing body thereof; providing for severability; pro- viding for the repeal of all Ordinances inconsistent herewith; providing for inclusion in the Monroe County Code; and providing for an effective date. Roll call vote was unanimous. ORDINANCE NO. 006-l988 See Ord. Book No. l7 which is incorporated herein by reference. KK 136 Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution requesting the Supervisor of Elections to conduct a Referendum Election on March 8, 1988 concerning the Lower Keys Health Care Taxing District. Motion carried unani- mously. RESOLUTION NO. 050-1988 See Res. Book No. 64 which is-rncorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to read by title only an Emergency Ordinance creating the Middle Keys Municipal Service Taxing District for health care and facilities enhancement thereof; defining the boundaries thereof; providing for the purposes of the District; designating the governing body thereof; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for inclusion in the Monroe County Code; and providing for an effective date. Motion carried unanimously. Graham Taylor of Tavernier and Alison Fahrer addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to include the City of Key Colony Beach in the proposed Emergency Ordinance. Motion carried unanimously. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to adopt the following Emergency Ordinance as amended. Roll call vote was unanimous. ORDINANCE NO. 007-1988 See Ord. Book No. 17 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner stormont to adopt the following Resolution requesting the Supervisor of Elections to conduct a Referendum Election on March 8, 1988 concerning the Middle Keys Health Care Taxing District. Roll call vote was una- nimous. RESOLUTION NO. 05l-l988 See Res. Book No. 64 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only an Emergency Ordinance creating the Upper Keys Municipal Service Taxing District for health care and facilities enhancement thereof; defining the boundaries thereof; providing for the purposes of the District; designating the governing body thereof; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for inclusion in the Monroe County Code; and providing for an effective date. Motion carried unanimously. Motion was then made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Emergency Ordinance. Roll call vote was unanimous. ORDINANCE NO. 008-1988 See Ord. Book No. l7 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to adopt the following Resolution requesting the Supervisor of Elections to conduct a Referendum Election on March 8, 1988 concerning the Upper Keys Health Care Taxing District. Roll call vote was unani- mous. KK 137 RESOLUTION NO. 052-1988 See Res. Book No. 64 which is incorporated herein by reference. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to appoint Milt Mravic as Commissioner Hernandez's appointment to the Planning Commission in place of Timothy Koenig. Motion carried una- nimously. COUNTY ATTORNEY Lucien Proby, County Attorney, presented to the Board an update on the hearing on the New Port Largo suit and indicated that he would be advising the Board in writing of the Judge's action at that hearing. Mr. Proby discussed the Blasting Ordinance and the need to correct some errors in the Ordinance. Motion was made by Commissioner Puto and seconded by Commissioner Freeman declaring an emergency exists and waiving the requirements of advertising under the provisions of Florida Statutes 125.66. Roll call vote was unanimous. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Emergency Ordinance on Blasting, as amended. Roll call vote was unanimous. ORDINANCE NO. 009-1988 See Ord. Book No. 17 which is incorporated herein by reference. The County Attorney advised the Board that he had reached an agreement with DOT concerning the settlement of an issue regarding missing sections of a Bailey Bridge used by the County and the County's claim that the Department of Transportation was overpaid for the rental of that bridge. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor to execute an Agreement (Joint Covenant Not To Sue) by and between the Florida Department of Transportation and Monroe County Board of County Commissioners concerning Acrow Detour Bridging. Motion carried unaimously. RESOLUTION NO. 052A-l988 See Res. Book No. '4 which is incorporated herein by reference. Mr. Proby briefly discussed a proposed Agreement with Recovery, Inc. Charles Aguero, MSD Manager, advised the Board that the County could not sign such a contract since it would be a violation of the Bond Resolution. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to adopt the following Resolution amending Section 2 of Resolution No. 449-l987 to provide for the inclusion of the restoration of Rest Beach and the restoration and repair of White Street Pier and environs. Motion carried unanimously. RESOLUTION NO. 053-1988 See Res. Book No. 64 which is incorporated herein by reference. Mr. Proby discussed the problem with the Lease for Sunset Watersports and the relocation of the building. Motion was made by Commissioner Stormont directing the KK 138 County Attorney to review the Lease for possible action to cancel the same due to a violation of its terms by the Lessee. Motion died for lack of a second. The matter was referred to the County Administrator to review and report back to the Board. The County Attorney advised the Board that Donald Conn had been appointed as Hearing Officer in the Board's appeal of the Department of Community Affairs action on Land Use Plan amendments. He also advised that the hearing was scheduled for January 29th. Mr. Proby requested that he be given authority to employ Attorney Sheri Smallwood to repre- sent the County at those hearings. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to authorize the County Attorney to employ Attorney Sheri Smallwood at an hourly rate of $l25.00 to represent the County at the Land Use Plan administrative hearings. During discus$ion, the County Attorney acknowledged that he would discuss the matter with Attorney Dave Horan who is representing the County on other Land Use Plan matters. Roll call vote was unanimous. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to fund from the DCA Grant the legal expenses incurred due to the administrative hearing on the DCA Land Use Plan Map and Text Amendments. 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. MUNICIPAL SERVICES (WASTE) Charles Aguero, MSD Manager, gave a report on the sway-car operation. He also discussed his meeting with representatives of the Department of Community Affairs and the Department of Environmental Regulation. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the designation of Rabun Pit Burner as a sole source of supply due to the need to maintain standardization of equipment and to waive the requirements of the Administrative Order concerning purchasing. Roll call vote was unanimous. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the purchase of a Rabun Pit Burner for Cudjoe Key after the necessary permits are received by the County. Roll call vote was unanimous. PUBLIC WORKS Michael Cox of the Upper Keys Humane Society and Ron Binns of the Public Works Department addressed the Board concerning the operation of the Upper Keys Humane Society. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto approving the concept that the Animal Control Division of the Public Works Department would be the recognized official in charge of Animal Control at all locations in the Keys, appointing the Public Works Director as the Manager of Animal Control under the provi- sions of the County's Animal Control Ordinance, and directing that a proposed contract concerning the operation KK 139 of the Upper Keys Shelter be brought back to the Board by March lst. Roll call vote was unanimous. The Board recessed for lunch. * * * * * MUNICIPAL SERVICES TAXING DISTRICT NO. 2 -- BOARD OF GOVERNORS The Board of Governors of Municipal Services Taxing District No. 2 convened. Present and answering to roll call were Samuel "Mickey" Feiner, William Freeman, Jerry Hernandez, Jr. and Chairman Michael Puto. Reggie paros, EMS Director, addressed the Board and discussed the Bids for Billing and Collection Services for User Fees generated by Monroe County Emergency Services. He recommended that all of the proposals be rejected and that he be authorized to negotiate. Motion was made by Mayor Feiner and seconded by Commissioner Freeman to reject all proposals for Billing and Collection Services for User Fees generated by Monroe County Emergency Services and authorize Mr. Paros and the County Attorney to negotiate a contract with Diversified Systems Management, Inc. for both primary billing and collection services and collection of delinquent accounts and bring back to the Board for approval. Motion carried unanimously. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present. SOUNDING BOARD FOR PUBLIC INPUT Servando Parapar of the Department of Transportation addressed the Board concerning FDOT's Five-Year Transportation Plan. Bob Harris of Post, Buckley, Schuh & Jernigan and Dent Pierce, Public Works Director, also addressed the Board. Mr. pierce advised the Board that a portion of the previous Transportation Plan which had been rejected unanimously by the Board concerning transportation for the disadvantaged was included in the Five-Year Plan. Senator Larry Plummer addressed the Board concerning the Plan. Mayor Lytton addressed the Plan and advised all pre- sent that the presence of a female panther on the l8-mile stretch was brought to the attention of the Department of Transportation at the previous hearing and might cause a problem with portions of the planned improvements to that area. The Mayor indicated that in his opinion, if that situation exists, the panther should be moved to a more suitable location. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to adopt the following Resolution to approve and endorse the Florida Department of Transportation Five-Year Plan as submitted, with the excep- tion of those items in the Plan which had been previously rejected by the Board concerning the transportation of the disadvantaged as submitted by the Port and Transit Authority. Roll call vote was unanimous. RESOLUTION NO. 054-l988 See Res. Book No. 17 which is incorporated herein by reference. Fred Mannillo addressed the Board and made a report on the acitivities of the Florida Keys Council For The KK 140 Handicapped. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to conceptually accept the recommendtions of the Council as set out in their Annual Report dated January 19, 1988. Motion carried unanimously. Al Owens addressed the Board concerning his problems in obtaining a permit for the hangars at Marathon Airport and the need to go through the Major Conditional Use process. Donald Craig, Planning Director, addressed the Board. The Board directed Staff to do whatever is necessary to expedite the Major Conditional Use to the maximum extent possible. Commissioner Stormont briefly discussed the Key Largo Lodge appeal process as previously addressed by the Board. There was no further action. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance levying in all of Monroe County a one cent sales tax on taxes paid pursuant to Chapter 2l2, Laws of Florida; pro- viding for the distribution of funds so collected among the various municipalities and the County; providing that the tax shall be collected commencing on January l, 1989 for a period of five years; providing for the expenditure of the funds collected on certain capital infrastructure projects, the lives of which will exceed five years; providing that the funds raised by this Ordinance shall not be used to reduce ad valorem taxation or any user fees including impact fees; providing for the pledging funds so raised for bonded indebtedness; providing for severability; providing for inclusion in the Monroe County Code of Ordinances; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing for referendum approval before the Ordinance may take effect. Proof of publication was entered into the record. Motion was made by Mayor Lytton and seconded by Commissioner Puto to reconsider the Board's previous action authorizing a referendum for a capital infrastructure sales tax. Roll call vote was unani- mous. Mayor Lytton discussed Representative Saunders' com- ments concerning this referendum and the possibility that the Legislature would enact amendments to the law which would allow the levying of the sales tax with a four-fifths vote of the Board of County Commissioners and without referendum. Motion was made by Mayor Lytton and seconded by Commissioner Puto to deny passage of the Ordinance and remove the proposed referendum from the ballot. Roll call vote was unanimous. A Public Hearing was then held on a proposed Ordinance amending Chapter 6 of the Monroe County Code by adding Article X to be entitled "Circuit and County Court Facility Fee Charge;" providing for severability; providing for inclusion in the Monroe County Code; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously with Commissioner Stormont not present. ORDINANCE NO. OlO-1988 See Ord. Book No. l7 which is incorporated herein by reference. KK ~4~ A Public Hearing was held on a proposed Ordinance amending Ordinance No. 023-l987, codified as Section 2-6, Monroe County Code, in order to provide that Planning Commission members are compensated at the rate of $5,200.00 per year for the regular twenty-six meetings held during such year and then compensated at the rate of $100.00 per meeting for all subsequent meetings, all regardless of whether the Commission is meeting as the Local Planning Agency, the Zoning Board, the Board of Adjustment, or as the Planning Commission; repealing the requirement that compen- sation is only payable out of State funds; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to read by title only. Motion carried unanimously with Commissioner Stormont absent from the meeting. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously with Commissioner Stormont absent from the meeting. ORDINANCE NO. OlOA-1988 See Ord. Book No. l7 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance pursuant to F.S. l25.0l08 creating a tourist impact tax in certain areas of Monroe County designated as Areas of Critical State Concern; levying the tax at the rate of one percent upon the consideration for certain short term leases or rentals of accommodations; providing for procedures for collection; providing for distribution of revenues so raised; providing for penalties; providing for severability; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing for an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously with Commissioner Stormont not present. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously with Commissioner Stormont not present. ORDINANCE NO. 01l-1988 See Ord. Book No. l7 which is incorporated herein by reference. A Public Hearing was held on a proposed Ordinance authorizing, pursuant to F.S. 125.0l08, the levy of a tourist impact tax in the City of Key West Area of Critical State Concern; levying the tax at the rate of one percent upon the consideration for certain short term leases or ren- tals of accommodations; providing for procedures for collec- tion; providing for distribution of revenues so raised; providing for penalties; providing for severability; pro- viding 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 Puto and seconded by Commissioner Freeman to read by title only. Motion carried unanimously with Commissioner Stormont not present. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously KK 142 with Commissioner Stormont not present. ORDINANCE NO. 012-1988 See Ord. Book No. 17 which is incorporated herein by reference. PLANNING, BUILDING ~ ZONING Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor to sign, on behalf of Monroe County, an Environmental Restoration Agreement with Jesus Blanco. Motion carried unanimously with Commissioner Stormont not present. RESOLUTION NO. 055-1988 See Res. Book No. 64 which is incorporated herein by reference. Donald Craig, Planning Director, discussed the meeting held with RV Park OWners concerning FEMA Guidelines. Motion was made by Mayor Lytton and seconded by Commissioner Hernandez to approve certification of County Land Use District Maps. Motion carried unanimously with Commissioner Stormont not present. Mr. Craig discussed the Annual Assessment of Public Facilities Capacity Report required by Section 9-502 B.3 of the Land Development Regulations and his memorandum dated January l8th. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the following recommendations as set out in Mr. Craig's memorandum: l. Accept and approve the 1988 Annual Assessment of Public Facilities Capacity Report, as amended by the information and recommendations of this memorandum. 2. Direct Planning Staff to implement the recommendations of this memorandum and the Public Facilities Report to: a. Prepare appropriate amendments to the Land Development Regulations to provide additional landfill capacity through the adoption of appropriate standards for landfill setbacks, bufferyards and heights. b. Initiate an analysis and return to the Board recommendations for increased solid waste impact fees and service fees which recognize the actual costs of solid waste disposal. c. Initiate a program analysis of the availability of Land Authority Funds to purchase land for landfill sites, and to return to the Board appropriate resolutions to the Land Authority Advisory Committee, requesting the Land Authority to add selected landfill sites identified by the Hazen and Sawyer Solid Waste Study to the Land Authority's acquisition list. Identification of a repayment schedule to the Land KK 143 Authority is an integral part of this recommendation. d. Initiate an analysis of the Ohio/Missouri Key site for possible trade or sale to the State Department of Natural Resources in return for lands at Long Key. e. Prepare a resolution for the Board requesting that the Florida Department of Transportation amend its Five-Year Capital Improvements Program to re-orient and address first those sections of Highway 1 which have service capacity level of Service "E" prior to other improvements. f. Analyze the County's Seven-Year Road Improvements Plan with the Public Works Department to identify County projects which may be deferred and monies utilized for joint County-State projects affecting Highway 1 which would increase the capacity of the deficient sections, and return to staff a specific program for utilization of such identified funds. 3. Adopt the resolution prepared by the County Attorney to implement the programs to increase the capacity of the deficient public facilities and to implement Sections 9.5-291 and 9.5-292 of the Land Development Regulations as codified, and avoid a development moratorium, and to initiate the hearing process for Areas of Critical County Concern for those areas of the Middle and Upper Keys which have insufficient service capacity. Motion carried unanimously with Commissioner Stormont not present. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution adopting the Annual Assessment of Public Facilities Capacity Report prepared by the Director of Planning pursuant to Section 9-501, et seq., Monroe County Land Development Regulations1 further identifying those areas which may have inadequate service capacity within the next twelve months1 making specific findings that already allocated development rights in areas of potentially in- adequate capacity should be permitted to develop1 and iden- tifying funding sources and methods of provision for additional capacity to serve the additional development1 instructing the Planning Director to prepare and initiate proposals designating certain areas as Areas of Critical County Concern due to present inadequate Capital Facilities Service Capacity and instructing the Planning Director to prepare amendments to the Monroe County Development Regulations to provide for different development standards for landfills. Motion carried unanimously with Commissioner Stormont not present. RESOLUTION NO. 056-1988 See Res. Book No. 64 which is incorporated herein by reference. Mr. Craig indicated that Agenda Item 0-4 (an update on the challenge of DCA Rules) had been covered sufficiently by the County Attorney and that he had no further report. KK 144 COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed from Dr. Troxel requesting a Special Meeting of the Arts Council and the Board of County Commissioners. Board referred Dr. Troxel to the Sounding Board For Input on the County Commission Agenda. a letter Fine The Public Mr. Brown discussed his meeting with pritam Singh concerning parking and requested a Special Meeting to be called to consider a proposed agreement. Mayor Lytton called a Special Meeting for February 3rd at 310 Fleming Street at 10:00 a.m. to discuss a proposed agreement with pritam Singh concerning parking. The County Administrator advised the Board that he would be taking leave from February l2th through February 20th. Mr. Brown and Dent Pierce, Public Works Director, gave an update on the progress of Big Pine Road. Mr. Pierce indicated some problems with complaints to the State Attorney. Motion was made by Commissioner Hernandez and seconded by Commissioner Freeman to authorize the re- surfacing of the Big Pine Road constructed by the Public Works Department according to recommendations of the Department and the County Consulting Engineers. Motion carried unanimously with Commissioner Stormont not present. The County Administrator discussed his Annual Report and, in particular, the request for authority to call for an RFP for a Personnel Classification Study and Analysis. Motion was made by Commissioner Puto to authorize the issuance of an RFP to address such issues as improving the ability to administer compensation more efficiently and equitably by relating pay to performance more objectively. Motion died for lack of a second. Mike Hanagan, Assistant County Administrator, Stacey Wiliams, Financial Analyst, and Joe London, County Fire Marshal, addressed the Staff Report concerning the Florida Keys Aqueduct Authority's Capital Improvements Plan. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to refer this matter to County Staff and Mr. Schattner of the Florida Keys Aqueduct Authority. Motion carried unanimously with Commissioner Stormont not present. COUNTY CLERK Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the Clerk to return the drawings that were rendered during the bid process for the concession at Higgs Beach. Motion carried unanimously with Commissioner Stormont not present. AWARDING BIDS Reggie paros, EMS Director, addressed the Board and discussed the Bids for Billing and Collection Services for User Fees generated by Monroe County Emergency Services. He recommended that all of the proposals be rejected and that he be authorized to negotiate. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to reject all proposals for Billing and Collection Services for User Fees generated by Monroe County Emergency Services and authorize Mr. Paros and the County Attorney to negotiate a KK 145 contract with Diversified Systems Management, Inc. for both primary billing and collection services and collection of delinquent accounts and bring back to the Board for appro- val. Motion carried unanimously with Commissioner Stormont not present. The Board was advised of receipt of the following bids for three new 1987 Front End Loaders with 3/4 Cubic Yard Buckets: Florida Machinery & Equipment Co. $ll9,375.00 $ 92,800.00 $ 91,416.00 Case Power and Equipment Stack Equipment & Supply Corp. Mr. Aguero advised that the lowest bidder meeting all speci- fications was Case Power and Equipment. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to award the bid for three new 1987 Front End Loaders with 3/4 Cubic Yard Buckets to Case Power and Equipment, the lowest bidder meeting all specifications. Motion carried unani- mously with Commissioner Stormont not present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to postpone for two weeks the awarding of the Bid for Fire Wells (Dry Hydrants). Motion carried unanimously with Commissioner Stormont not present. PUBLIC HEARINGS At 5:00 p.m., the Board indicated that the Public Hearing that was listed for the amendment of Ordinance No. 03l-l986 was agendaed in error and that it had been con- tinued for two County Commission Meetings at the last Board meeting. There being no further business, the meeting was adjourned. * * * * *