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02/02/1988 Regular KK )146 Regular Meeting Board of County Commissioners Tuesday, February 2, 1988 Marathon A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Sub-courthouse in Marathon. Present and answering to roll call were Commissioner Jerry Hernandez, Jr., Commissioner Michael Puto, Commissioner John Stormont, and Mayor Eugene Lytton. Absent from the meeting was Commissioner william Freeman. 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. Prior to the start of the meeting, Lucien Proby, County Attorney, advised the Board there was a problem with notice on the 4:00 Board of Appeals scheduled concerning Key Largo Lodge, and further that it appeared there would be a three-member Commission due to the absence of Commissioner Freeman and the fact that Commissioner Puto would have to leave the meeting. He suggested that because of the problem with notice and a short Commission, the Board of Appeals be continued. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to continue the Board of Appeals hearing on Key Largo Lodge to the next Plantation Key meeting. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner Puto and Mayor Lytton presented a pla- que in honor of Del Layton, the late founder of the City of Layton. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to adopt a Proclamation proclaiming Kathleen Starkey as Nurse of the Year. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to adopt a Proclamation proclaiming February 1988 as National Black History Month in all of Monroe County. Motion carried unanimously. Motion was made by Mayor Lytton and seconded by Commissioner Puto to approve the appointment of Dr. Tanju Mishara to the Dade/Monroe Alcohol Drug Abuse and Mental Health Planning Council. Motion carried unanimously. Motion was made by Mayor Lytton and seconded by Commissioner Stormont to approve the following appointments to the Key West and Monroe County Commission for the Constitutional Bicentennial Observance: KK 147 Dale Alexander Amy Depoo Gloria Lange Mally Weaver Sandy Ballard Andrea Spottswood Jeanne Sanford Minna Post Peyser Michael Browning Jerry Lancio Rev. Robert L. Smith Lt. Cdr. Jerry Bever Paula Eid David S. Tackett Mark Moss Polly Siwek Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to continue to February 3 con- sideration of the Extension of the Baptist Hospital Agreement regarding trauma-related health care. Motion carried unanimously. Motion was made by Commissioner Commissioner Hernandez to appoint M. Ann to the Monroe County Fine Arts Council. nimously. Puto and seconed by Lynch of Marathon Motion carried una- Commissioner Stormont discussed the Commercial Fishing List. The Board directed the County Attorney to prepare a Resolution concerning items which should be included under the "grandfathering" clause in the Commercial Fishing List. Motion was made by Mayor Lytton and seconded by Commissioner Hernandez to approve travel for all County Commissioners to the Southeast Counties Coalition in Ft. Lauderdale on February 8th and 17th. Motion carried unanimously. Motion was made by Mayor Lytton and seconded by Commissioner Hernandez to approve travel for Mayor Lytton on the weekend of January 29 and 30 for an Infrastructure Financing meeting. Motion carried unanimously. Mayor Lytton discussed a letter dated January 22, 1988 from Governor Martinez concerning State funding of the Land Use Plan activities, and the Land Authority. No action taken. Mayor Lytton discussed his receipt of a Notice of Violation from the Department of Community Affairs con- cerning the construction of the Big pine Key Access Road. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to authorize the County Attorney, after a full review, to request a formal Chapter 120 hearing on the Notice of Violation. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to authorize the use of Pigeon Key by Walt Disney Studios for filming on February 11th and 12th. Motion carried unanimously. Art Skelly, Airport Director, and Pat Rebull, Consultant, made a presentation concerning the Marathon Airport plans and the proposed use of a 40-foot buffer zone. Don Craig, Planning Director, addressed the Board. Joanne Fry made a presentation of proposed landscaping of the 40-foot strip. Bob Ernst addressed the Board. The Board appointed Commissioner Puto to head a committee to study the Marathon Airport proposals and this matter was referred to the Transportation Committee. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to KK 148 set a meeting of the Transportation Committee for February l2, at Key Colony Beach City Hall at 10:00 a.m. Motion carried unanimously. Mayor Lytton noted for the record that the K-Mart Appeal had been timely filed. The Board briefly discussed Legislature preferences for presentation to Senator Plummer and Representative Saunders. This matter was referred to the February 3, 1988, meeting. BULK APPROVALS Motion was made by Commissioner stormont and seconded by Commissioner Puto to approve the following items by unanimous consent: Board authorized payment of TOC expenditures in the amount of $154,966.40 (Input Date 1/13/88), subject to final invoice approval by the Finance Department. Board authorized payment of TOC expenditures in the amount of $55,174.07 (Input Date 1/14/88), subject to final invoice approval by the Finance Department. Board authorized payment of TOC expenditures in the amount of $5,706.68 (Input date 1/19/88), subject to final invoice approval by the Finance Department. Board approved six AT&T Information Systems, Inc. Term Plan Agreements as follows: AT&T Contract Nos. 044222204 Ol (2), 044221374 01 (2),044222584 01 (2). Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Carle F. and Charlotte M. Bumpus for a 504 square foot addition to existing single-family residence below the 100- Year Flood Elevation - (Residence built in 1965 - 1425 square foot existing - tax appraiser's value $44,788.00 - proposed addition cost $22,000.00 per owner's affidavit) on Lot 24, Block 2, Plantation Ridge, Plantation KeY1 Zoned IS - Improved Subdivision1 Coastal Flood Zone A-13, Panel 1129C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Jack Calabro for a 425 square foot addition to existing single-family residence to be built below the 100-Year Flood Elevation (existing residence built in 1972, tax appraiser's value is $51,185.00, 1300 square foot existing) (Owner sta- tes proposed construction will cost $7,000.00, based on $50.00 per square foot cost would be $21,250.00) on Lot 9 & 1/2 of 8, Block 3, Key Haven, 8th Addition, Key Haven 1 Zoned IS - Improved Subdivision1 Coastal Flood Zone A-10, Panel 1728C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Rene and Lorie Gallo for a 300 square foot addition to existing single-family residence below the 100-Year Flood Elevation (existing residence built in 1958, 1080 square foot existing, tax appraiser's value of building $24,152.00, owner's cost of new construction will be $5,000.00) on Lots 7 and 8, Block 33, Crains, Grassy KeY1 Zoned IS - Improved Subdivision1 Coastal Flood Zone A-13. KK 149 Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Raymond D. and Helene Johnson for a 1232 square foot addition to existing single-family residence to be built below the 100-Year Flood Elevation (residence built in 1961, appraised value of improvements $71,998.00) Value of addi- tion - $18,300.00 proposed per owner's affidavit - 4113 square foot existing structure on Lot 79 and SE 10' of 80, Section A, Matecumbe Ocean Beach, MM 75.5, Lower Matecumbe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-17, Panel 1326C. Board approved, per staff conditions and recommendations, the Application for variance to the Flood Hazard Ordinance of Robert Simonds for a 336 square foot addition to existing single-family residence to be built below the 100-Year Flood Elevation (existing structure built in 1938, 1024 foot existing, owner bought home in July 1987, paid $65,000.00; $10,800.00 for the land and $44,200.00 for the structure, estimate from contractor for new construction $19,600.00) on Lot 26, The Hammock, Upper Matecumbe Key, Zoned IS - Improved Subdivision, Coastal Flood Zone V-17, Panel 1117C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Jane Spann for a 360 square foot garage to be built below the 100-Year Flood Elevation on Lot 12, Block 4, Cudjoe Gardens, Cudjoe Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-lO, Panel 1492D. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Bert O. Ware for construction of a 24 x 40 storage building on Lot 6, Block - Parcel of land on Geiger Key - Geiger Road; Zoned SS - Sparsely Settled; Coastal Flood Zone V-12, Panel 1734C. COUNTY ATTORNEY Board authorized advertisement of a proposed Ordinance amending Ordinance No. 046-1987 concerning Monroe County Code Section 19-95 pertaining to abandoned vehicles and Section 19-96 pertaining to abandoned watercraft, etc. Board authorized advertisement of a proposed Ordinance amending Section 6-41 in order to provide certain fees for construction work done without a Building Permit; etc. Board adopted the following Resolution requesting the Municipal Code Corporation to incorporate and codify into the Monroe County Code of Ordinances certain Ordinances creating the Monroe County Land Authority. RESOLUTION NO. 057-1988 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 Lease Agreement by and between Monroe County and the Domestic Abuse Program concerning office space for said program at the Plantation Key Government Center. RESOLUTION NO. 058-1988 See Res. Book No. 64 which is incorporated herein by reference. KK 150 Board adopted the following Resolution approving the correc- tion of scrivener's errors and omissions in the County's Land Development Regulations pursuant to Section 13-101(3) of those Regulations concerning the Cross Big pine Key Arterial Access Road. RESOLUTION NO. 059-1988 See Res. Book No. 64 which is incorporated herein by reference. Board authorized advertisement of a proposed Ordinance concerning the issuance of Proclamations by the Mayor. AIRPORTS Board adopted the following Resolution authorizing the Mayor/Chairman of the Board to execute a Sign Lease by and between the County of Monroe and Holiday Inns, Inc. - Hotel Group d/b/a Holiday Inn Key West La Concha. RESOLUTION NO. 060-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Assignment by and bet- ween Joseph J. Scarlett, the County of Monroe, State of Florida and Paul DePoo concerning Assignment of an Agreement for a hangar located at the Key West International Airport. RESOLUTION NO. 06l-1988 See Res. Book No. 64 which is incorporated herein by reference. EMERGENCY SERVICES Board granted permission to purchase one (1) type III Ambulance and associated and/or related equipment for Municipal Services Taxing District t6 from E.V.F., Inc., at a total cost of $58,814.00. Board granted permission to advertise a Call for Bids for one (1) Fire Engine-Pumper Vehicle with Aerial Ladder and associated and/or related equipment for Municipal Services Taxing District t6. Board granted permission to advertise a Call for Bids for one (1) Fire Engine-Pumper Vehicle and associated and/or related equipment for Municipal Services Taxing District t4-B. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between Special Taxing District I-A and the Stock Island Volunteer Fire Department, Inc., for the purpose of reimbursing volun- teers. RESOLUTION NO. 062-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between Special Taxing District I-B and the Big Coppitt Volunteer Fire Department, Inc., for the purpose of reimbursing volun- teers. KK ~1 RESOLUTION NO. 063-1988 See Res. Book No. 64 which is-rDcorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between Special Taxing District l-C and the Sugarloaf Key Volunteer Fire Department, Inc., for the purpose of reimbursing volun- teers. RESOLUTION NO. 064-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between Special Taxing District 3 and Conch Key Volunteer Fire Department and Rescue Squad, Inc., for the purpose of reim- bursing volunteers. RESOLUTION NO. 065-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between Special Taxing District 4-A and the Layton Volunteer Fire Department, Inc., for the purpose of reimbursing volunteers. RESOLUTION NO. 066-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between Special Taxing District 5 and the Tavernier Volunteer Fire Department and Ambulance Corps, Inc., for the purpose of reimbursing volunteers. RESOLUTION NO. 067-1988 See Res. Book No. 64 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between Special Taxing District 6 and the Key Largo Volunteer Ambulance Corp, Inc., for the purpose of reimbursing volun- teers. RESOLUTION NO. 068-1988 See Res. Book No. 64 which is incorporated herein by reference. EXTENSION SERVICES Board adopted the following Resolution authorizing the Chairman of the Board to execute a 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 Key Largo Bibb and Duane Artificial Reef. RESOLUTION NO. 069-1988 See Res. Book No. 64 which is incorporated herein by reference. KK \152 SOCIAL SERVICES Board adopted the following Resolution authorizing the Mayor to execute a Business Lease by and between the School Board of Monroe County and Monroe County concerning premises at Douglass School for conducting the Senior Citizens Feeding Program. RESOLUTION NO. 070-1988 See Res. Book No. 64 which is incorporated herein by reference. Board authorized the purchase of a Safari seven (7) passenger mini-van from Barrie Reed, G.M.C., Yugo, Inc., through State Contract 1070-300-205 at a total cost of $14,205.25. COUNTY CLERK Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellman, Ph.D. in the amount of $765.001 Guillermo Marcovici, P.A., in the amount of $250.001 Mental Health Care Center of the Lower Keys, Inc., in the amount of $100.001 Tanju T. Mishara, Ph.D., in the amount of $300.00 COURT APPOINTED ATTORNEY, L. E. Brown, in the amount of $825.001 Patrick T. Canan, in the amount of $350.001 Michael E. Cox, in the amount of $350.001 Roberta S. Fine, in the amount of 957.75. OTHER EXPENSES & COSTS, Harry L. Sawyer, Jr., in the amount of $291.591 State of Florida, in the amount of $510.75. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $50.001 Nancy J. Maleske, in the amount of $279.551 Nichols & Hardy Court Reporters, in the amount of $70.00. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $95.001 Serafin Calero, in the amount of $35.001 Georgina Sanchez, in the amount of 70.001 Jose E. Vazquez, in the amount of $25.00. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $1555.15. EXPERT WITNESS FEES, Behavior Changers, Inc., in the amount of $500.00. ---- Board approved the following Warrants: GENERAL REVENUE FUND, i81988-182581, in the amount of $1,765,584.89. GENERAL REVENUE FUND - MARINE BANK, 169, in the amount of $2,034.70. ---- GENERAL REVENUE FUND - BARNETT BANK OF ISLAMORADA, i69, in the amount of $2,470.17. SUPPLEMENT TO GENERAL REVENUE FUND, i219, in the amount of $33,714.09:- KK 153 FINE & FORFEITURE FUND, #676-1679, in the amount of $81,471.8a:-- - ---- AIRPORT OPERATION & MAINTENANCE FUND, #440-1441, in the amount of $22,223.95. - ---- ROAD & BRIDGE FUND, 1490, in the amount of $137,431.00:- - ---- MSD TAX DISTRICT, #1050-11060, in the amount of $382,044.63. --- MSD, MARINE BANK, MARATHON, #409-#411, in the amount of~7,149.94. MSD, PLEDGED FUNDS, 1107, in the amount of $500,000.00. LAW LIBRARY FUND, 1224, in the amount of $75.75. CAPITAL PROJECTS FUND, 1269, in the amount of $2,068.23. ---- CARD SOUND BRIDGE FUND, #207, in the amount of $12,974.0~ WORKERS COMPENSATION, 12419-12429, in the amount of $13,622.35. TOURIST DEVELOPMENT COUNCIL, #470-#471, in the amount of $116,418.79. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #222- #223, in the amount of $208,923.14. TRANSLATOR FUND, #166, in the amount of $10,005.31. CROSS KEY WATERWAY, ISO, in the amount of $73.70. 715 MARINERS HOSPITAL SPECIAL TAX DISTRICT, 127-#28, in the amount of $311,335.27. 716-717 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT, il13, in the amount of $126,125.86. 610 LAND AUTHORITY, #42-156, in the amount of $4,933.20:-- ---- Board adopted the following Resolutions concerning receipt of unanticipated funds for the year 1987-88. RESOLUTION NO. 071-1988 RESOLUTION NO. 072-1988 RESOLUTION NO. 073-1988 RESOLUTION NO. 074-1988 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. 075-1988 See. Res. Book No. 64 which is incorporated herein by reference. Motion carried unanimously. KK ~54 BULK APPROVALS Motion was made by Commissioner Stormont and seconded by Commissioner Puto to approve the Planning Commission's decision to issue a Major Conditional Develop- ment Order for Tavernier Towne, Phase III. Motion carried unanimously. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the Court Order on the New Port Largo suit involving Counts 1 - 8 and 5 - II and the claim for punitive damages. Mr. Proby also discussed a letter from Tel con- cerning the County's Franchise with an offer that would pro- vide the County with one percent of gross revenues in 1988, three percent in 1989 and 1990, and five percent in 1991 and thereafter, which would include a ten-year extension beyond the termination date of 1993. Motion was made by Commissioner stormont and seconded by Commissioner Puto to authorize the County Attorney to negotiate a contract which would provide for one percent of the gross revenues in 1988, three percent in 1989, and five percent in 1990 and sub- sequent years; a renegotiation of the amounts paid to the County for rental sites and also provision for the extension of services in areas not now covered as well as a clarifica- tion of what will constitute "gross revenues." Motion carried unanimously. Mr. Proby discussed the Big pine Key Access Road and the conveyances from property owners in the area for the road. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to authorize the payment of $10.00 per conveyance from property owners for the Big Pine Key Access Road. Motion carried unanimously. The County Attorney discussed the suit concerning Joe Allen, et aI, versus Monroe County. Mr. Proby discussed a letter from the Department of Justice indicating they would provide assistance in solving problems with Corrections. The County Attorney discussed a Resolution by Key Colony Beach declining to join the Trauma District scheduled for Referendum on March 8, 1988. Mayor Feiner addressed the Board. Mr. Proby advised the Board he would be taking annual leave on February 12, 1988. MUNICIPAL SERVICES (WASTE) Charles Aguero, MSD Manager, discussed the Clean-up of the Keys Program and neighborhood trash. Mr. Aguero requested an increase in tipping fee to $45.00 per ton for ordinary waste and $65.00 per ton for waste requiring special handling. No action was taken. AIRPORTS Tom Brown, County Administrator, discussed the space availability in the Air Cargo Building at the Key West International Airport. Motion was made by Commissioner Puto KK 155 and seconded by Commissioner Stormont to authorize adver- tisement of space availability in the Air Cargo Building at Key West International Airport. Motion carried unanimously. EMERGENCY SERVICES The Board postponed consideration of an Agreement between Monroe County and Diversified Systems Management, Inc., for billing and collection services for ambulance user fees until the next meeting. Lucien Proby, County Attorney, and Reggie Paros, Emergency Services Director, advised the Board of receipt of proposals for additional funding for ambulance services for District I-D as follows: Florida Keys First State Bank (1) Principal Amount, $101,644.00. (2) Annual Interest of 7.0%. (3) Repayment in two equal payments in accordance with Chapter 215, Florida Statutes. (4) The loan will be secured by anticipated revenues of the tax levy. (5) The bank will receive an opinion of the County Attorney as to the validity of the documents and the transaction. The Islamorada Bank (1) Amount of Loan: (2) Term of Loan: (3) Repayment: (4) Security: (5) Rate: $101,644.00. One (1) Year. Semi-annually. Tax Anticipation Notes. Eight (8%) percent. Barnett Bank (1) Purpose of Loan: secure funds to operate ambulance services for MSTD No. I-D, Monroe County, Florida. (2) Loan Amount: $101,644.00. (3) Repayment: 2 equal payments plus interest from date of loan. (4) Interest rate: 9.75 percent per annum. Motion was made by Commissioner Puto and seconded by Hernandez to approve Florida Keys First State Bank at a rate of 7 percent and to adopt the following Resolution authorizing issuance and execution of a Promissory Note and Tax Anticipation Warrant for Municipal Service Taxing District No. I-D. Motion carried unanimously. RESOLUTION NO. 076-1988 See Res. Book No. 64 which is incorporated herein by reference. Mr. Par os discussed and read a Resolution from Key Colony Beach City Commission addressing the Monroe County Ordinance creating the Middle Keys Municipal Service Taxing District for health care and facilities and requesting that the City of Key Colony Beach be excluded from the Referendum scheduled for March 8, 1988. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to accept the Resolution. Roll call was taken with the following results: I KK 156 Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes No Yes Motion carried. PLANNING BUILDING & ZONING Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to adopt the following Resolution regarding a Modification of the Restoration Agreement with Jesus Blanco reducing the amount from $6,000.00 to $3,000.00. Motion carried unanimously. RESOLUTION NO. 077-1988 See Res. Book No. 64 which is incorporated herein by reference. Donald Craig, Planning Director, advised the Board that Herb Raitland was employed as the new County Building Official and would be present at the next County Commission Meeting. Mr. Craig advised the Board that he was currently interviewing for six staff positions. He also advised that the DCA Grant Extension Contract Modification was in the process. Monthly meetings with DCA and staff were being scheduled on a regular basis as well as quarterly staff meetings with other affected County officials. The Planning Director advised that he would be attending a conference of the American Association of Planners in April in San Antonio, Texas. Mr. Craig advised they would be publishing a report on utilities in ACCC areas. The Planning Director also advised the Board he would be meeting quarterly with the Property Appraiser to discuss the impact of the Plan on property appraisal proce- dures. Mr. Craig advised that the FEMA study and surveys would be available by March 1, 1988; that the County was a finalist in the consideration for sea grant funding for live-aboards; that the inventory of County-owned property was nearly completed and that the information system would be operational in about a month and a half's time; and that the Planning Department was pursuing the issuance of a bi- monthly newsletter to the public and other interested per- sons concerning the activies of the Planning & Building Department. Mr. Craig discussed the property of Mr. Joe Mountain and a mapping error concerning Summerland Key Shrimp Hatchery. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution approving the correction of scrivener's errors and omissions in the County's Land Development Regulations pursuant to Section 13-101CE) of those Regulations con- cerning the shrimp hatchery at the west end of Summerland Key. Motion carried unanimously. RESOLUTION NO. 078-1988 See Res. Book No. 64 which is incorporated herein by reference. KK 157 Mr. Craig advised the Board that he was in possession of two proposals for printing of the Land Use District Maps from CH2M Hill and Reprographia, Inc. Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to authorize the printing of the Land Use District Maps by Reprographia, Inc., in an amount not to exceed $20,000.00. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Brown, County Administrator, discussed a request from Mr. Hutchinson of Prudential-Bache for authority to present an alternative Deferred Compensation Plan for County employees. Mr. Brown reminded the Board of the Special Meetings called for February 3, 1988 at 10:00 a.m. and 11:00 a.m. in the Commission Chambers, 310 Fleming Street, Key West. The County Administrator also advised the Board that the Cudjoe Key Sub-station construction would require a Conditional Use Hearing and that there would be approxima- tely a 30-day delay. Paul Wick, Grants Manager, addressed the Board. Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the following Resolution authorizing the filing of a Grant Application with the Florida Department of Environmental Regulation, Coastal Zone Section, and directing the execution of the same by the proper County authorities~ and inserting the words "may be" in Paragraph 3 where it refers to the County assuming main- tenance responsibility. Roll call vote was taken with the following results: Commissioner Hernandez Commissioner Puto Commissioner Stormont Mayor Lytton Yes Yes No Yes Motion carried. RESOLUTION NO. 079-1988 See Res. Book No. 64 which is incorporated herein by reference. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to approve payment of the following invoices: 1. Robstone Company, in the amount of $8,100.00, for Invoice No. 7238 in re Harry Harris Ball Park Lighting. 2. Public Financial Management, Inc., in the amount of $2,500.00, for professional services for the period 11/16/87 through 12/15/87. 3. Fly, Shuebruk, Gaguine, Boros and Braun, in the amount of $578.80, for professional services in re Translator. 4. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $385.28, Invoice i12, in re Plantation Key Government Center Wastewater Treatment Plant. KK 158 5. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $2,148.55, Invoice #7, in re completion of Interior Finishing of Third Floor Jail Addition. 6. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $1,669.50, Invoice #7, in re County Clerk's Space and Judge's Chamber/Courtroom Conversions. 7. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $5,828.07, Invoice #7, in re Sheriff's Substation and Administrative Office on Cudjoe Key. 8. Siemon, Larsen, Mattlin & Purdy, in the amount of $3,029.16, for professional services in re Port Bougainvi11e Appeal. Motion carried unanimously. COUNTY CLERK Motion was made by Commissioner Puto and seconded by Commissioner Hernandez to waive the irregularities and authorize the Clerk to open a bid received late from Arthur J. Gallagher concerning the Board's property and liability insurance. Motion carried unanimously. AWARDING BIDS The Board was advised of receipt of the following bids for the 1988 Nutrition Program: Food Service Management Systems of Florida $2.75/mea1 including meal site delivery $2.34/mea1 including meal site deliverY1 $2.09/mea1 including storage site delivery Motion was made by Commissioner Puto and seconded by Mayor Lytton to accept the recommendation of Louis LaTorre, Social Services Director, and to award the bid to the low bidder, G. A. Food Service, Inc. in the amount of $2.09 per meal. Motion carried unanimously. G. A. Food Service, Inc. The Board recessed for lunch. * * * * * SOUNDING BOARD FOR PUBLIC INPUT Mr. James McElroy, President of the Monroe County Condominum Owners' Association, addressed the Board con- cerning garbage rates. He requested that a change in the Ordinance be initiated so that any condominium of more than four units serviced by dumpsters would be reclassified as Commercial instead of Residential units. The following individuals addressed this matter: Charles Aguero, MSD Manager 1 William Conrad, Marathon Garbage Service1 Fred Tittle1 Larry Weaver1 Bob Lanford. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to instruct the MSD Manager to design a rate system for Fiscal Year 1989 which would accommodate entities of four or KK 159 more units serviced by dumpsters to be charged on a Commer- cial basis. Roll call vote was unanimous. The Board of County Commissioners recessed for a meeting of the Board of Governors of MSTD No. 2 * * * * * 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, Jerry Hernandez, Jr., Russell Radom, and Chairman Michael Puto. Reggie Paros, EMS Director discussed the proposed contract with Diversified Systems Management, Inc., for billing and collection services for ambulance user fees. Motion was made by Mayor Feiner and seconded by Commissioner Hernandez to postpone this matter for two weeks pending review by the County Clerk, Staff, and County Attorney. Mayor Gene Lytton addressed this Board. Motion carried una- nimously. Motion was made by Mayor Feiner and seconded by Commissioner Radom to approve the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between Special Taxing District 2 and the Marathon Volunteer Fire & Rescue, Inc., for the purpose of reimbursing volunteers. Motion carried unanimously. RESOLUTION NO. 080-1988 See Res. Book No. 64 which is incorporated herein by reference. Mr. Paros advised the Board of receipt of the following bids for additional funding for ambulance ser- vices: Florida Keys First State Bank (1) Principal amount, $179,084.00. (2) Annual Interest of 7.0%. (3) Repayment in two equal payments in accordance with Chapter 215, Florida Statutes. (4) The loan will be secured by anticipated revenues of the tax levy. (5) The bank will receive an opinion of the County Attorney as to the validity of the documents and the transaction. First National Bank of the Florida Keys (1) Loan amount, $179,084.00. (2) Annual Interest of 7.98%. The Islamorada Bank (I) Amount of Loan: $179,084.00. (2 ) Term of Loan: One (1) Year. (3) Repayment: Semi-annually. (4) Security: Tax Anticipation Notes. (5 ) Rate: Eight (8%) Percent. KK 160 Barnett Bank (1) Purpose of Loan - secure funds to operate ambulance service for MSTD 2, Monroe County, Florida. (2) Loan Amount - $179,084.00. (3) Repayment - 2 equal payments plus interest from date of loan. (4) Interest rate - 9.75 percent per annum. Mr. Paros recommended the low bid be awarded to Florida Keys First State Bank at 7 percent. Motion was made by Commissioner Hernandez and seconded by Commissioner Radom to award the bid to the low bidder, Florida Keys First State Bank, and to adopt the following Resolution authorizing issuance and execution of a Promissory Note and Tax Anticipation Warrant for Municipal Service Taxing District No.2. RESOLUTION NO. 081-1988 See Res. Book No. 64 which is incorporated herein by reference. There being no further business, the meeting of the Board of Governors adjourned. * * * * * The Regular Meeting of the Board of County Commissioners reconvened. SOUNDING BOARD FOR PUBLIC INPUT Motion was made by Commissioner Hernandez and seconded by Commissioner Puto to approve the Florida Department of Community Affairs Community Services Block Grant Application. Motion carried unanimously. Mr. Don Moore, Executive Director for Monroe Association for Retarded Citizens, and Naomi Hazeltine, Administrative Assistant, addressed the Board. John Bigler, attorney representing Sunset Watersports, Inc., and Rich Welter, addressed the Board con- cerning the location of their improvements at Higgs Beach. Motion was made by Mayor Lytton and seconded by Commissioner Stormont to adopt the following Resolution to recognize the existence of the decking or platform at Higgs Beach, to require the application of the after-the-fact permit to be issued within ten days, and to direct for the modification of the existing Lease Agreement to bring it into compliance with the actual physical structure to clarify the Lease as to the specific use of the beach area and require that the ticket booth be used only for activities covered by the Lease. Roll call vote was unanimous with Commissioner Puto absent from the meeting. RESOLUTION NO. 082-1988 See Res. Book No. 64 which is incorporated herein by reference. PLANNING, BUILDING & ZONING DEPARTMENT Darrell Dye, representing Americo A. Ramelli, addressed the Board. Motion was made by Commissioner Stormont and seconded by Mayor Lytton to continue this item so that the applicant could consider alternative approaches. During discussion, motion was withdrawn. Motion was then made by Mayor Lytton and seconded by Commissioner Stormont ~V/SE:P KK 161 I I to deny the Application for Variance to Flpod Hazard Ordinance of Americo A. Ramelli for proposed construction of a 30 x 80 steel building for commercial use to be built below the 100 Year Flood Elevation for auto body repair shop on Lot 25, Sacarma Bay, US #1, Cudjoe Key; Zone SC - Suburban Commercial; Coastal Flood Zone V-12, Panel l5llD. Motion carried unanimously with Commissioner Puto absent from the meeting. Sherri Smallwood, attorney, addressed the Board concerning a meeting with representatives of the Department of Community Affairs and a proposed Settlement Agreement. Jim Matson and Larry Erskine, attorneys, addressed the Board concerning the proposed Agreement. This matter was referred to the meeting of February 3, 1988 at 310 Fleming Street at 9:30 a.m. Mr. Matson briefly addressed the Board con- cerning the postponement of the Public Hearing for 4:00 p.m. The Board then called the Hearing originally sche- duled for 4:00 p.m. and announced that the Board had pre- viously moved to continue this matter to March 1, 1988. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to uphold the Board's previous decision on this matter. Motion carried unanimously with Commissioner Puto absent from the meeting. Mayor Lytton advised the Board that he had been in conversation with the County's legislative delegation in Tallahassee and advised the following: That a Special Session of the Legislature was being called for tommorow on matters concerning the Monroe County Land Use Plan; that in exchange for dismissing lawsuits against the DCA, the DCA and Legislature would kill the continguous lot restriction; would in a timely fashion de-designate the County as an Area of State Critical Concern; would provide that the denial procedure be presribed in the Statutes; and that the denial of any proposed amendments by any Hearing Officer would also provide access to the Governor and Cabinet on appeal; that the rule concerning the amendments would be split into two components: one would be those which were approved by the DCA, and the other would contain those not approved: and that there would be no further Statutory actions concerning the Land Use Plan; all with the accession and approval of the Board of County Commissioners. - Moti?n ~as made by Commissioner Hernandez and seconded by Comm~s~loner Stormont to accept these conditions with the provlslon that the proposed settlement by DCA would stand alo~e and not be attached to these actions by the Leg~5lature, that the funding previously allocated by the Leg~5lature would be preserved, and that the current 45-day not~~e woul? be reduced to ten days. Roll call vote was unan~mous w~th Commissioner Puto absent from the meeting. KK 162 After Board discussion, Mayor Lytton announced the post- ponement of the meeting originally scheduled for February 3, 1988 to February 10, 1988 at 10:00 a.m., 310 Fleming Street, Key West. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to adopt the following Resolution accepting in substance the provisions of the proposed Agreement between the Department of Community Affairs and the Board of County Commissioners concerning the Land Use Plan, amendments, and pending appeals. (See Attached) Motion carried unanimously with Commissioner Puto absent from the meeting. RESOLUTION NO. 083-1988 See Res. Book No. 64 which is incorporated herein by reference. The Board discussed the Trauma Agreement. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to cease transportation according to the temporary Trauma Agreement for a one-week period. Motion carried unanimously with Commissioner Puto absent from the meeting. Motion was made by Commissioner Stormont and seconded by Commissioner Hernandez to authorize the County Administrator to employ a case management utilization review agency in an attempt to affect efficiency in the use of the County's trauma funds. Motion carried unani- mously with Commissioner Puto absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to approve travel for all County Commissioners to Tallahassee to attend the Special Session concerning the Monroe County Land Use Plan. Motion carried unanimously with Commissioner Puto. PUBLIC HEARINGS Motion was made by Commissioner Hernandez and seconded by Mayor Lytton to continue the Solid Waste Management Planning Report to the meeting of February 10, 1988. Motion carried unanimously with Commissioner Puto absent from the meeting. Motion was made by Commissioner Hernandez and seconded by Commissioner Stormont to continue con- sideration of the proposed Ordinance amending Ordinance No. 031-1986 by repealing Sections ll(c) and 12 of that Ordinance and by substituting a new Section 12 therefor in orderto prove an interties with funding available under a 1987 Contract with the Department of Community Affairs: etc. Motion carried unanimously with Commissioner Puto absent from the meeting. There being no further business, the meeting was adjourned. * * * * * ~,~_.. ----- . l~0' 3~t:ld . ^^ -' ~ ~ . /' TO ._ ..r_ ~~~.,_ .. -r 96L01SVS0e: ve::SI 9S. I 83.:l LAW .'ICI' MT t"'-'_IIIJJl P.o. 10)( S86 Key Lar90. F'L 33037 Telephone No. (305) 451-1417 I~~l_U.AL. Firm: _._lllL ^ S' ~j,-.:th_~_9.l),_......_____,__,_., ......' _ Referenoe: _.__f(..w.l~ ~....~~..~tt_Q..,l.l, .... ,.,' ^^ -.____.1--~0:._rfr..__ _.._,___ _..___... ^.. _____._,_.. _ ^.' _...,. :~:f pages -:~l:r~~r:h~-C~:~.-s~~..t~. ..~. Attention: Date: COMMENTS: P I ~-~ ~ 'U..::t s ~ 't S t"Y\.A II liV' 0 J CVv\. d. ~ f} 0 ~ y Q... c..:. r'~ ' ~ .I '~I . ~ A-..,...", , J MI.lIg~L.ll._LQl.llJ l~l..^iC~'~ { ~Q~J 451-0n..... 'lGUJ I t:;;;t'c:;OC r;C:C;l 88. I 83j STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS lNRE: AdmiDistrativ. Dewl'Dlination of dac VaJieJity of tIN DEPART- MENT OF OOMMUNITY AFFAIRS ProposecI Rules 9J-14.006 and 9J-15.006, FAC. roAM Case Nos: 88-8I22R .....R throulll 88-0041R 88-0061R 88-0862R 88-0070R throup 88-0081R 88-0174R throulh g-0176R NOTICE OF FILING SETILEMENT AGREEMENT The parties to the above-styled rule challenge proceeding, by and through their un- dersigned counsel, have entered into the following Settlement Agreement, and jointly file the following terms of said Agreement in this matter. WHEREAS. ...............................,..... WHEREAS. ..................................... [series of WHEREAS clauses to make everyone happy.] THE PARTIES, by and through their undersianed counsel, in consideration of the mutual promises and obligations undertaken herein, promise and undertake the following: 1. The DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, (hereinafter "DCAIt) agrees to revise the proposed rules 9J-14.006 and 9J-15.006 which are the subject of this proceedina by removin, the paragraphs, 9J-14.006 (4) and 9J-15.006 (4), which rejected all map and text amendments that were not approved by DCA, and to promulgate final rules 9J-14.oo6 and 9J-15.oo6 which will implement only those map and text amendments that are approved by DCA 2. DCA agrees to initiate a formal "draw-out" administrative hearing, as provided in I 120.54 (17) Fla. Stat. (1987), pursuant to the provisions of I 120.57, Fla. Stat. (1987), be- fore an independent hearing officer to be assigned by the Division of Administrative Hearings, Department of Administration, State of Florida (hereinafter "DOAH"), to hear the claims of the following .petitioners: .'C.>;," a. All non-iovemment petitioners In the above-captioned rule challenge - . . proceeding, whose map amendment request, concerni!lg .land In which petitioner hu an Interest., would bave been denied by rule 9J-14.006 (4) proposed In the De- cember 18, 1987 Florida Administrative Weekly. b. All non-government petitioners who served a I 120.54 (17) petition for a "draw-out" hearins on DCA by close of business Monday, January 25, 1988, and which petition meets the statutory requirements of f 120.54 (17). No landowner partidpatin, 'n the draw-out hearin, m"Y simultaneously pursue a map Jmendment at .Iv local ,overnment level. 3. DCA aad Monroe County agree to enter ~nto good-faith negotiations on the lIlIQ amendme~ pr~sed by the BOCC. an4 text amendments, that would have been rejected by proposed rules 9J-14.006 and 9J-15.006 published on December 18, 1987, in Florida Administrative Weekly. DCA planning personnel desianated by the DCA Secretary shall meet with personnel designated by Monroe County's Planning Director, County Attorney, and Board of County Commissioners, within three (3) weeks following the dismissal of this proceedin" to Identify detailed procedures for the "eaotiation process. DCA and Monroe County agree that said negotiations will continue until each rejected .fl.ao amendment has either been amended such that DCA agrees in writing to approve it in said amended form, or the parties agree that their differences with regard to a proposed amendment are ir- reconcilable. Additional Term sought by intervenor Organized Fishermen of Florida, on behalf of all such intervenors. Any non-aovemmenta/ entity thai is a party or intervenor In thlr proceeding, with a peti- tion based upon t~ proposed rejection of one or more text amendments, s1lal1 be considered a ~arty or intervenor In negotiations on the text amendments itlentiJied by the party or intervenor 111 hI petition. ~ lIOn-BOvemmental elttities are JNM1ies or Interverrors to these negotiatiolU, the neptUltiOltl eJ daou ,. tilmmdments shalt be cortduct.J solely within Monroe Countr, and laid JHIf1Y or In/ervenor will be givell 0ItIIJk written notice of tlte time and place 01 said lIefOt;atJon, and MIII/ be treated as II party or Intervenor, whichever status is appropriatl!, would be treated In II }20.54 (4) proceeding. 4. Monroe County, through the BOCC, agrees to submit th~ map an(j text amend- ments which are amended durin, the negotiation process to the Planning Commission pur- suant to Chapter 13 of the Regulations, Florida Keys Comprehensive Plan. Said amended map and text amendments shall be deemed to be the proposals of the BOCC, and shall be FEB 1 '88 15:~3G lW'i,lC, I D7gF; 2 96L01!;v!;08 u:;:!;t 88. 1 83j " -- . . the subject of notice and hearing pursuant to said Chapter 13<OCA agrees to reconsider any of the proposed m-w and text amendments which would bave been rejected by the pro- posed rule published December 18, 1987, in Florida Administrative Weekly, which the Board of County Commissioners decides, by ordinance duly enacted, to submit to DCA as part of the "second six-month review" process now being conducted by Monroe County, re- ganJless of the fact that the map or text amendment was not placed in the County review " process by November 1, 198YAmendments which are submitted as part of this process, on which the DCA and Monroe County bave reached agreement, shall be approved by the ap- propriate legal mechanism. Amendments on which the DCA and Monroe County cannot alree may be resubmitted to DCA In their original form as part of the second six-month review process, without reQJ1i~ment of further nodce or hearinl by local,overnment, for administ~.tive reconsideration and OlK$ible denial by DCA. . J. o f\.. ~ n.5UJM..V<4,.Jd.~C' ~ A!:;,j Co~.M... \I,JI!ot\ .s~ll".". S. Monroe County's Board of County Commissioners agrees to require the Monroe County Planning Commission to give good-faith consideration to text amendments to its Comprehensive Plan and Regulations recommended by the Secretary, or the Director of the Division of Resource Manaiement, of the Department or Community Affairs, on the following basis. The Planning Commission shall forward the recommendations to the Planning Director for submission to the Planning Department and the Development Re- view Comrruttee ("DRe') for study and recommendations. Following receipt of the rec- ommendations of the Planning Department and the ORe, the Planning Commission shall convene a workshop in the Middle Keys, after at least 14 days public notice, to consider the DCA text amendment recommendations, where DCA, interested members of the public, potentially affected landowners, and County Planning Department personnel will be al. lowed to present testimony and evidence for and against the proposal(s). If the Planning Commission finds, by the affirmative vote of three Commissioners, that the DCA recommendation has merit, then such meritorious text amendments shall be considered those of the Planning Corpmission pursuant to 13-101 (B), and shall be sullject to the no. '("",,'~~~,~-a'.w-"'~~4',,,,:b.;;...,.;.,...:.:.-..~' ...;..;.;....;.;~,:.;.:.~~.~_..,,~ ilO -._-- -----,.-'-------_.. ...,_.~--~-,_.~-..- ........:...... ~......:. ~..:-..:....ttiI~.~AU;' ...--.----..-.----....-----.--..--. ~6L01!:iV'508 82:S1 88. I a3j ~ ,.... ----="Ilf'"' 1ice.. beano,. and olher procedures of C~~r 13-101 of t~ Land DevelO,pment ReiUl~ Jiom, 6. All petitione" fa the abovc.styJed rule challenae proceedina .,ree to Join in . voluntary dismissal of iaJd proceedi.,. [Appropriate siJnature blocks] --,,_. .'-'-'-___ ulF.... .' ~ -- ....b..:J:. . . 9SL01 C;PS08 58:SI 88. I 83.:J MATERIAL DELETED FROM FIRST VERSION From paragraph 2: b. Monroe County, Florida, a political subdivision of the State of Florida, by and through the MolVoe County Board of County Commissioners (hereinafter "BOCC') on those map amendment requests initia~:d by the BOCC, or bf a single Commissioner on the authority of a resolution of the DOce. as the correction of er- rOlS pursuant to qaapaer 13-101 (E) of the Land Development Re~lations which woul<2 have been demed by the rules proposed in the J:>ecember II, 1987 Florida Administrative Week. REASON: DCA would prefer to &egotiate with the COURty OR Its text and m.p amendMents, since Its map amendments are q.lte distinguishable from those or Individual property owners. The following 3 questions: QUESTIONS: 1. What happens to map amendment applicants who moved to intervene in the role c"alle~e? The County challen,ed the rule based on gJJ map amendment rejections, presume ably ,ivuag those applicants who didn't meet the January 8th deadline a chance to present their case as intervenors in the Countys rule challenge? Intervention petitions are due by close of business February 3, 1988, at DOAH. DOAR really controls this one. 2. Are petitioners in the 120.54 (4) rule challenge, whose petitions were orfginaJly re- jected by DOAH, entitled br law to amend their rejected petitions? If so, when will DOAH de. cide on tlze amended petittofU? Presumably those petitioners would become "ptuties" to the rule challe",e, but they would not have s~ this seulemenl cveement mtd the 120.54 (4) proceeding would be revived. DCA and tfle other parties need to get DOAH to act 011 such amended petitiofU ASAP, and brln, those petitioners into the draw-out proceeding. DOAH controls this OM also. 3. Are petitioners for draw-out hearilftp, whose petitiollS jailed to meet the !la/UlO" re- quirements and have been, or wlll be, rejected, en/itled by law /0 amend their rejected petitions? This would not S<<m to alf<</IM Sdlemen/ ..ment, since it would not breathe new life Into the 120.54 (4) proceed""-. DCA IhouId, howwer, enunciate its policy on these ame"d~ peti- tions /or the be1WJit 01 an COItCmtM. DCA It .Howl_. all ..endment. nlecl by 1/1S/a to - considered, Hd Is ~t'" sallate nUD,I. From paragraph 3: five (5) working days in Key West, Florida (too fast) from day to day. to the maximum extent practicable (unnecessary, DCA says) These negotiations shall be governed by the foUowing additional conditions. ....._.",..,.~,... .~~,.~- 95L019t:>S08 v..ll;>:S i l::Jtj I I tl.:J.:l 1. . a. At the initial meetina of the parties/ the DCA representatives shall explain to the County reprcsemativet the DCA's rataonale for rejecting each proposed text amc......t. and sW immediately state whether the proposed amendment could 1M uaeade4 sueh that DCA would asree in writing to accept it in amended form, ancllhal state the Datur. of such amendment(s). (BCAproposes to work these de. t" ... _II Dell Crail at a .,reIe..lollall level, aad does not wish to commit to ........ ftrst.) Proposed additional tenn: DCA shal~ no later than 60 days after the dismissal of the above-styled rule challenge proceedi/1& deliver to the Monroe County Attorney, Planning Di- rector, and Board of County Commissioners, an analysis of the statutory tlItd regulatory basis under which DCA will conduct its review of the second six-month amendments, and future an- nual amendments, to the Monroe County Comprehensive Plan, Regulations, and Land Use District Maps. This Q/lQlysis is in the nature of a declaratory statement as provided for in Ch. 28-4, F.A.. C., and shaD include standards of review and the weight to be given to tire record and the decision of the BOCC DCA is likely to provide this anyway, or the Count)' call petition tor a declaratory Itatement. From Paragraph S: a. Such amendments will be reviewed tboroupJy by the senior plaMina stafr of tM DCA, ~ ~l with e4\Kational baeqrouBds and professional exp-eri- enee in pJaRBt'" for eeoSOlllic impact on property owners in Monroe County, Mon- roe CoUnty's .. valorem tax base M4 tM rates, practicality of, cost of. arid man- power roquire4 for i~mentatiOft, aM a4verse economic impacts on any particu- lar lanclowner(l) ill MOIU'oe CouBty. Such review thai be thorouply documented and presented te the Plaani"l Commission with the proposed text amendment. (DCA tltl., we .... ...... a Wt lIl_la' however tll., Helll to be sensitive to the need .. take tWs res,..~ out of the hands of biologists, and assure us that hilla-level protesslo.als will have the comm.) 2