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03/03/1987 Regular 132 HH Regular Meeting Board of County Commissioners Tuesday, March 3, 1987 Plantation Key A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Plantation Key Government Center. Present and answering to roll call were Commissioner William Freeman, Commissioner Eugene Lytton, Commissioner Michael Puto, Commissioner John Stormont, and Mayor Jerry Hernandez, Jr. 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. Prior to the meeting, Mayor Hernandez introduced Alison DeFoor, former County Court Judge, and also asked the Press to rise and identify themselves. COMMISSIONERS' ITEMS Commissioner Puto briefly discussed the Grand Jury Report. Commissioner Puto discussed the Trauma Ad Hoc Committee and indicated that he would have a further report at the next meeting. Mayor Hernandez, Bob Harris of Post, Buckley, Schuh & Jernigan, and Commissioner Stormont discussed proposed improvements to Harry Harris Park concerning the lighting, basin work, and repairs to the boat ramp. Chuck Shaffstall of the Community Recreation Association addressed the Board. Mayor Hernandez appointed Commissioner Puto as Chairman of a Committee consisting of Commissioner Stormont and Mr. Shaffstall to review the proposed improvements to Harry Harris Park and report back to the Board. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve payment of the cost for a wreath placed at the Maine Memorial, such payment to be made out of the Advertising Account. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Mayor Hernandez to adopt the following Resolution/ Application of Monroe County to District VI of the Florida Department of Transporation for 20% matching funds under the Local Government Cooperative Assistance Program for the pro- posed "Marathon Aviation Boulevard Arterial Access Road" Project, all as provided for by Florida Statute 335.20 and Rule Chapter 14-89, Florida Administrative Code, as adopted by the FDOT implementing this program. Motion carried una- nimously. RESOLUTION NO. 120-1987 See Res. Book No. 57 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution HH" 133 requesting the Planning Director, County Attorney and Special Counsel to bring, in Ordinance form, before the Development Review Committee, the Planning Commission and the Board of County Commissioners certain changes to the Monroe County Development Regulations. Motion carried una- nimously. RESOLUTION NO. 121-1987 See Res. Book No. 57 which is incorporated herein by reference. Commissioner Lytton discussed the situation con- cerning the replacement of a trailer in the Sands Subdivision for Louise Henderson. This matter was deferred until Mr. Pattison could be present. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the following items by unanimous consent: BULK APPROVALS Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Richard S. Borguss - Dolphin Restaurant for a 420 square foot enclosure below the 100-Year Flood Elevation and . building under construction for dolphin feeding preparation on Lots 17 and 18, Block 8, Key Largo Ocean Shores, Corrine Place, Key Largo; Zoned SR - Suburban Residential; Coastal Flood Zone A-16. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Pedro Chico for a 583 square foot enclosure below the existing building on Lots 8 through 12, Block 2, Largo Beach, US tl and Ocean Boulevard, Key Largo; Zoned IS - Improved Subdivision; Coastal Flood Zone A-13. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Craig Green for a 484 square foot enclosure (for storage only) below the existing structure still under construction on the South 12.5' of Lots 13, 14, 15, Block 2, Plantation Ridge, East Ridge Road, Plantation Key; Zoned IS - Improved Subdivision; Coastal Flood Zone A-13. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Gregg A. Lombardi for the construction of a 28 x 28 garage below the 100-Year Flood Elevation on adjacent pro- perty (single-family residence on Lot 43) on Lot 42, Ramrod Shores, 3rd Addition, Brown Drive, Ramrod Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-12, Panel 1516. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Mr. and Mrs. John Newberry for a 1299 square foot enclo- sure under existing building (for storage only) on Lot 10, Block 2, paraiso Estates, 75th Street, Marathon; Zoned IS - Improved Subdivision; Coastal Flood Zone V-17, Panel l579C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Howard M. Post for a 940 square foot enclosure for real estate office and 504 square foot enclosure for workshop and storage under existing building at Lot 5, Nichols, Off County Road, Key Largo; Zoned NA - Native; Coastal Flood I I1H 1.34 Zone V-2l, Panel 655. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Bernard J. Smith, Jr. for the construction of an approxi- mate 17 x 24 garage below the existing single-family resi- dence on Lot 139, Block - Plat 3-4, Port Antiqua, W. Plaza Granda - 120, Islamorada; Zoned IS - Improved Subdivision; Coastal Flood Zone V-17, Panel l326C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Venture Out At Cudjoe Cay Inc. for a 576 square foot addition, below the 100-Year Flood Elevation, to an existing building at same level on a Tract of Land "A" at Venture Out, Cudjoe Key; Zoned URM - Urban Residential Mobile Home; Coastal Flood Zone V-12, Panel 1513. Board adopted the following Resolution concerning receipt of unanticipated funds for the year 1986-87. RESOLUTION NO. 122-1987 See Res. Book No. 57 which is incorporated herein by reference. Board adopted the following Resolution transferring funds for the year 1986-87. RESOLUTION NO. 123-1987 See Res. Book No. 57 which is incorporated herein by reference. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed the request for a permit to replace a mobile home in Sands Subdivision. Al Damron addressed the Board concerning this problem. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to notify all the owners within a 500' radius of the property in the application for a permit for replacement of a trailer in Sands Subdivision by Louise Henderson and to grant the permit if there were no objections received after notification. Motion carried unanimously. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the trip to Washington, D.C. and Atlanta by certain members of the Commission, Staff, and himself and the meetings concerning the County's request to expand the Long Key and Key Largo Landfills. During discussion, motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve tra- vel for any County Commissioners on March 4th and March 5th to meet with DNR concerning the Long Key Landfill. Motion carried unanimously. Tom Brown, County Administrator, and Bob Harris of Post, Buckley, Schuh & Jernigan briefly discussed the meeting with the Navy concerning the request for joint use of the Naval Air Station at Boca Chica and also the meeting with the Coast Guard concerning the maintenance of day markers in the Inland Waterway. The Board discussed a memorandum concerning a request to build an elevated walkway in Bay Hammock ~- HH 135 Community. Following advice of the County Attorney, motion was made by Mayor Hernandez and seconded by Commissioner Lytton to instruct the County Attorney to prepare an appropriate Resolution and bring back to the Board for action at the next meeting. Motion carried unanimously. COUNTY ADMINISTRATOR Frederick Pauzer, Joseph Fanone and Frederic Ballard, representatives of A. G. Edwards & Sons addressed the Board concerning a plan for a self-insurance fund to be funded through municipal bonding. Lucian Cantin, the County's Risk Management Consultant, addressed the Board concerning this matter. The County Administrator addressed the Board and recommended that the firm be allowed to proceed with a proposal for the program. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution retaining A. G. Edwards & Sons, Inc. as the insurance team to draw up a plan for Pooled Insurance for Monroe County. Motion carried unani- mously. RESOLUTION NO. 124-1987 See Res. Book No. 57 which is incorporated herein by reference. COUNTY ATTORNEY Motion was made by Commissioner Stormont and seconded by Commissioner Puto to grant permission to adver- tise for Public Hearing a proposed Ordinance repealing Section l3-7(A), (B) and (C) of the Monroe County Code of Ordinances pertaining to the gathering of lobsters in man- made canals. Motion carried unanimously. Bill Moore addressed the Board concerning this matter. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to adopt the following Resolution exempting and waiving any prohibitions concerning conflict of interest for the present members of the Tourist Development Council. Motion carried unanimously. RESOLUTION NO. 125-1987 See Res. Book No. 57 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to authorize the adver- tisement for Public Hearing of a proposed Ordinance amending Section 2.1-3 of the Monroe County Code in order to exempt from the prohibition on the possession of open containers of alcoholic beverages on certain vehicles for hire or other- wise available for compensation. During discussion, motion was made by Commissioner Freeman and seconded by Commissioner Puto to amend this motion to include an exemp- tion for motor coach homes. Roll call vote on the amendment was unanimous. Roll call vote on the motion as amended was unanimous. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor and Chairman of the Board to execute a Lease Agreement by and between Lorna Alta Corporation and the Board concerning office space for the State Attorney's Office in Marathon. Motion carried unanimously. H)-I136 RESOLUTION NO. 126-1987 See Res. Book No. 57 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to adopt the following Resolution authorizing the Mayor and Chairman of the Board to execute Risk Management Consulting Agreement Amendment No. 3 by and between the Board and Risk Control Associates, Inc. Motion carried unanimously. RESOLUTION NO. 127-1987 See Res. Book No. 57 which is incorporated herein by reference. Motion was made by Commissioner Stormont and seconded by Mayor Hernandez to approve the request to adver- tise for one Public Hearing to be held in Plantation Key a proposed Ordinance amending Ordinance No. 9-1977, Sl-3,5~ Ordinance No. 18-1977, Sl concerning Harry Harris Park, pro- viding for increase of fees, providing for use procedures, etc. Motion carried unanimously. COMMISSIONERS' ITEMS Dr. Sandra Schwimmer addressed the Board and pre- sented a report from the Ad Hoc Trauma Committee. Motion was made by Commissioner Puto and seconded by Commissioner Lytton directing the Emergency Services Director and the County Attorney to draft an Ordinance creating an Emergency Medical Services Council, defining the duties, the number of members, the locations from which the members must be selected, and calling for one Public Hearing to be held in Marathon on April 7th. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to direct the County Administrator to begin negotiations with Jackson Memorial Hospital in Dade County for a transfer contract and to expand the use of the existing appropriation of $90,000.00 for Medi-Vac and Peri-Natal services to include funding for trauma services. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes No No Yes No Motion failed. SOUNDING BOARD FOR PUBLIC INPUT Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to approve the request from the Fraternal Order of Police Lodge 192 to hold its annual fund raiser at Harry Harris Park on Saturday, March 2lst~ said request to be granted subject to the approval of the County Attorney and the County Administrator and also the provision of the necessary insurance and hold-harmless agreement. Motion carried unanimously with Commissioner Stormont not present. Clint Henze, President of the Cross Key Waterways Association, requested that the Board consider converting the Special Road District in Cross Key Waterways into a HH137 Special Lighting District. He also requested that the excess funds in the Special District, in the amount of aproximately $17,000.00, be used in the Special Lighting District. After discussion by both the Commission and the County Attorney, this matter was referred to the County Attorney for research into the law concerning Special Districts. Dominic Cianciolo, attorney representing the Florida Keys Children's Shelter, addressed the Board con- cerning their requests. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to adopt the following Resolution approving and authorizing the Mayor and Chairman of the Board to execute an Addendum to Lease Agreement by and between Monroe County and Florida Keys Children's Shelter, Inc. Dr. Cole of the Children's Home Society, Southeastern Division, addressed the Board. Tim Zewadski- Bricker, also addressed the Board concerning this matter. After discussion, roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No Yes Yes No Yes Motion carried. RESOLUTION NO. 128-1987 See Res. Book No. 57 which is incorporated herein by reference. The Board then proceeded with discussion of various items set out in a letter from the Florida Keys Children's Shelter dated February 18th. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to refer Item No. 4 - a Resolution to provide access to the future sewage treatment plant to be installed at the Plantation Key Government Center - to the County Administrator, Legal Staff and Post, Buckley, Schuh & Jernigan and to proceed with the Shelter's request if there was no cost to the County involved, and to report back to the Board should there by any cost which the County would be required to assume. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No Yes Yes Yes Yes Motion carried. Motion was then made by Mayor Hernandez and seconded by Commissioner Lytton directing the County Attorney to prepare a Resolution concerning the request for changes in the water hook-up. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No Yes Yes Yes Yes Motion carried. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve reassigning the lease to "Florida Keys Children's Shelter of the Children's HI=I-- 138 Home Society." Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No Yes Yes Yes Yes Motion carried. Irene Wright addressed the Board concerning her Application for Variance to the Flood Hazard Ordinance for a 320 square foot enclosure for living quarters, below the 100-Year Flood Elevation on Lot 12, Block 10, Ramrod Shores First Addition, Maraposa Road and Munson Avenue, Ramrod Key~ Zoned NA - Native~ Coastal Flood Zone V-12, Panel l5l6D. This matter was referred to Charles Pattison and his staff to meet with Ms. Wright and further discuss her request. The Board recessed for lunch. * * * * * The Board reconvened at 2:00 p.m. with all Commissioners present. COUNTY ADMINISTRATOR Henry Naubereit of the Translator Committee addressed the Board. The County Administrator recommended approval of the request concerning modification of the Key Largo Translator at an estimated cost of $90,000.00. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve certain modifications of the Key Largo Translator at an estimated cost of $90,000.00. Motion carried unanimously. EMERGENCY SERVICES Reggie Paros, Emergency Services Director, discussed an Analysis of the Emergency Medical Services in Monroe County prepared by Arthur Young & Company. Gerald Wexelbaum of Arthur Young & Company addressed the Board con- cerning the report. No action was taken. After discussion by Mr. Paros, motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution authorizing the Mayor and 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 the County's Pre-Hospital Emergency Medical Services System. Motion carried unanimously. RESOLUTION NO. 129-1987 See Res. Book No. 57 which is incorporated herein by reference. AIRPORTS Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve the request of the U. S. Customs representative in Marathon for the use of the available 90 square foot office in the Public Terminal Building free of charge. Motion carried unanimously. HH1~ Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to approve the request to advertise for two Public Hearings a proposed Ordinance providing for and establishing rules and regulations at the Marathon Airport and the Key West International Airport. Motion carried una- nimously. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to continue on a month-to-month basis the Lease Agreement by and between Monroe County and provincetown Boston Airlines, Inc. in connection with use of the Key West International Airport, under the same terms and conditions as in the existing Lease. Motion carried unani- mously. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to continue on a month-to-month basis the Lease Agreement by and between Monroe County and provincetown Boston Airlines, Inc. in connection with use of the Marathon Airport, under the same terms and conditions as in the existing Lease. Motion carried unanimously. The request to consider a proposed Resolution con- cerning an Addendum Agreement with Sundance Carriage Corp. d/b/a Dollar Rent A Car of Key West was withdrawn. A proposed Resolution concerning a Commercial Ground Transportation Agreement between Monroe County and Five 6-6666 Cab Company was referred back to Staff for a report at the next meeting. COUNTY ADMINISTRATOR Donna Perez, Insurance Department, addressed the Board concerning two quotes for coverages on the County's liability insurance. Mr. Bignell of Arthur Gallagher & Company discussed a proposal for the self-insurance of the County's liability coverage. Mr. Lou Cantin addressed the Board and recommended that in view of the analysis of the proposed self-insurance fund discussed earlier, the Board should renew the existing liability policies with Porter- Allen until such time as a report can come forward on the viability of the program as outlined by representatives of A. G. Edwards & Sons. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to authorize the renewal of the County's liability insurance policies according to the proposal from Porter-Allen, pending review of the proposals from A. G. Edwards & Sons and Arthur Gallagher & Company for self-insurance programs for liabi- lity coverages. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to approve payment of the following invoices: 1. Peter Jones d/b/a Advanced Marine Construction, in the amount of $26,275.00 for labor and materials regarding the Dodge Lake Boat Ramp DNF FBIP Project #B86003 completed January 18, 1987 (paid from Contingency - reimbursed from Boating Improvement Funds). 2. C & M Electronics Company, in the amount of $3,673.83, for services and parts for the Translator System for the period from January 16 through February 16, 1987. 3. Post, Buckley, Schuh & Jernigan, Inc., in the amount HH 140 of $42,301.95, Invoice 122644, for Road Work through January 30, 1987. 4. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $4,180.98, Invoice 122900, for services rendered through January 30, 1987 on the Second Floor Addition to the Plantation Key Government Center. 5. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $2,534.33, Invoice 122897, for services rendered through January 30, 1987 on the Jackson Square Criminal Justice Facility Building. 6. David Horan & Associates, P.A., in the amount of $502.66, for professional services rendered in re Monroe County v. State of Florida. 7. Fly, Shuebruk, Gaguine, Boros and Braun, in the amount of $2,955.62, for professional services rendered in re the Translator System. 8. Siemon, Larsen, Mattlin & Purdy, in the amount of $783.01, for services and disbursements in re the Port Bougainville matter. 9. Post, Buckley, Schuh & Jernigan, Inc., in the amount of $4,187.16, Invoice 122898, for services rendered through January 30, 1987 on the Plantation Key Government Center Wastewater Treatment Plant. Motion carried unanimously. The County Administrator discussed and called for a Workshop on Capital Improvements with the Airport Committee at 8 o'clock on March 17th in Key Colony Beach. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to authorize the County Administrator to proceed with the External Public Opinion Survey as set out in his memorandum dated February 18th. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the following officers of the Highway Beautification Committee: Chairman Vice Chairman Secretary Historian A. Earl Cheal Frank Powell Penelope Mason Mary Dennis Motion carried unanimously. Mr. Brown discussed the First Annual Service Capacity Report and recommended that the Board acknowledge receipt of the Report and refer it to the Blue Ribbon Committee for review and comment. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to acknowledge receipt of the First Annual Service Capacity Report and refer it to the Blue Ribbon Committee for review and comment. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve the use of Switlik Beach in Marathon for the Hog's Breath 1000 International Challenge on May 18th, contingent upon provision of the necessary insurance and hold-harmless agreements. Motion ~~ carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve membership in the Florida Shore & Beach Preservation Association, Inc. and payment of $350.00 annual dues. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve the Petition For Admission To A. G. Holley State Hospital for Louis Gregory. Motion carried unanimously. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve a concert sponsored by Jerry Holliday, to be held on March 15th at Summer1and Key, con- tingent upon the provision of the necessary insurance and hold-harmless agreements. Motion carried unanimously. Bob Harris of Post, Buckley, Schuh & Jernigan discussed the Joint Participation Agreement between the County and Florida Department of Transportation concerning the Cross Big Pine Key Access Road. He indicated that FDOT had made some changes relative to requirements for environ- mental impact studies, based upon objections raised by Mr. Pokorski and Dr. Art Weiner. This matter was referred to the March 26th Public Hearing. PUBLIC HEARINGS A Public Hearing was held for the purpose of deter- m1n1ng whether or not the following described street, alleyway, road or highway shall be abandoned: A 25' x 25' portion of 4th Lane adjacent to Lot 1, Block 9, Winston Waterways Amended Plat #2, Key Largo, Monroe County, Florida. Proof of publication was read into the record. The County Attorney read by title only. Claire Erb addressed the Board and supported the requested abandonment. The County Administrator advised the Board that Staff had made some changes and recommended abandonment. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to adopt the following Resolution renouncing and disclaiming any right of the County and the public in and to the following described street, alley-way, road or highway as delineated on the hereinafter described map or plat, to wit: A 25' x 25' portion of 4th Lane adjacent to Lot 1, Block 9, Winston Waterways Amended Plat t2, Key Largo, Monroe County, Florida. Motion carried unanimously. RESOLUTION NO. 130-1987 See Res. Book No. 57 which is incorporated herein by reference. A Public Hearing was then held on a proposed Ordinance declaring that the Fiscal Years 1987-1988 and 1988-89 policy of Monroe County shall be that the amount of the General County Millage and "Dependent Special District Millage shall not exceed the roll back rate; providing for the repeal of all Ordinances inconsistent herewith; pro- viding for severability; and providing for an effective date. Proof of publication was entered into the record. HH 1.42 The County Attorney read by title only. There was no public input. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to continue to the next Public Hearing. Motion carried unanimously. Mr. Bellmore addressed the Board concerning the proposed Ordinance. A Public Hearing was held on a proposed Ordinance repealing Section 6.5-5(A)(18) of the Monroe County Code of Ordinances: providing said Section to be null and void and of no effect: providing for severability: providing for inclusion in the Code of Ordinances of Monroe County: 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 Freeman and seconded by Commissioner Lytton to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 005-1987 See Ord. Book No. 13 which is incorporated herein by reference. A Public Hearing was then held to discuss and receive comments concerning the proposed North Key Largo Habitat Conservation Plan. Proof of publication was entered into the record. Mayor Hernandez welcomed and introduced Tom Pelham, the new Secretary of the Department of Community Affairs. Mr. Pelham introduced members of his staff, Jim Murli and Sullins Stewart. Charles Pattison, Director of Planning, Building & Zoning, addressed the Board concerning the Public Hearing. He introduced members of his staff, Messrs. Tupper, Garrett and Smith, and Charles Siemon, the County's consultant. Mr. Siemon proceeded to bring the Board and the public up to date on the process which had been followed up to that point and to present an overview of the Habitat Conservation Plan process. The following indi- viduals addressed the Board: Mike Simonhoff, Budd Post, Charles Valois, George Kundtz, Jacky Robinson, Robert Tuck, Brad Hartman, David Wesley, Karen Sunderland, Roderick Jude, Delmoor pierre, B. J. Throne-Conte, Alan Maxwell, John Duke, Bill Sculthorpe, Bill Roberts, Patti Harrison, Marjory Stoneman Douglas, Maureen Harwitz, Michael Maxwell, Annette Nielsen, Edmond Gong, Douglas Halsey, Van Coddington, Roni Monteith, Bob Epstein, and Fred Tittle. After discussion by the Board, motion was made by Commissioner Puto and seconded by Mayor Hernandez to continue the Public Hearing to the next meeting in Plantation Key. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No Yes Yes Yes Yes Motion carried. COMMISSIONERS' ITEMS Motion was made by Mayor Hernandez and seconded by Commissioner Stormont to authorize travel for Commissioner Puto for any meetings in Miami required by his participation on the Ad Hoc Trauma Committee and concerning the Four- Laning Project in Marathon. Motion carried unanimously. HI1-143 PLANNING, BUILDING ~ ZONING Motion was made by Mayor Hernandez and seconded by Commissioner Puto to adopt the following Resolution approving the correction of scrivener's errors and omissions in the County's Land Development Regulations pursuant to Section l3-l0l(E) of those Regulations regarding the text affecting commercial fishing operations. RESOLUTION NO. 131-1987 See Res. Book No. 57 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes Yes No Yes Motion carried. The Board of County Commissioners recessed. * * * * * BOARD OF APPEALS The Board of County Commissioners sat as the Board of Appeals. The Board proceeded to hear the appeal filed by Charles G. Allen, Jr. and Charles G. McDonald pursuant to the Monroe County Board of Adjustment's actions on December 2 1986, at which time they upheld the decision of Charles Pattison, Director of Planning, in denying a permit to construct a single-family residence and access drive on pro- perty located on a parcel of land on Lower Sugarloaf Beach. The attorney for the appellant agreed to postpone the appeal for a period of four weeks. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to continue the appeal to April 7th at 4:00 p.m. Motion carried unani- mously. The Board of Appeals adjourned. * * * * * The Regular Meeting of the Board of County Commissioners reconvened with all Commissioners present except Jerry Hernandez, Jr. PLANNING, BUILDING & ZONING Charles Pattison, Director, discussed meetings held between himself, Commissioner Lytton, and the Department of Community Affairs concerning the Land Use Plan. Mr. Pattison also advised the Board that they were in the pro- cess of scheduling the required hearings, pursuant to Chapter 163 of the Florida Statutes, which would be required by the Planning Commission. Mr. Pattison advised the Board that in accordance with the directive of the previous Commission, the set-backs in Mobile Home Parks and R-V Parks were being reviewed under the criteria which existed under the "old" rules and not HH. 144 under the current Land Use Plan. Mr. Pattison also advised the Board that the Department of Community Affairs had advised him that they would not recognize any expenses of the Blue Ribbon Committee for reimbursement out of the $1,050,000 Contract. Motion was made by Mayor Pro Tem Lytton and seconded by Commissioner Puto to authorize the transfer of up to $5,000.00 from the Contingency of the Planning, Building & Zoning Special District Fund to fund the expenses of the Blue Ribbon Committee. Motion carried unanimously with Mayor Hernandez not present. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution pertaining to the South Florida Regional Planning Council. Motion carried unanimously with Mayor Hernandez not present. RESOLUTION NO. 132-1987 See Res. Book No. 57 which is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Puto asked that he be replaced on the Canvassing Board for March 4th as he could not be in the Key West area. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to appoint Commissioner Freeman to serve in Commissioner Puto's place on the Canvassing Board on March 4, 1987. Motion carried unani- mously with Mayor Hernandez not present. PLANNING, BUILDING ~ ZONING Howard Tupper and Al Damron discussed the problem of replacement of mobile homes. No action was taken. Motion was made by Mayor Pro Tem Lytton and seconded by Commissioner Freeman to adopt the following Resolution rescinding Resolution No. 048-1987 concerning scrivener's errors and omissions in the County's Land Development Regulations which was passed and adopted by the Board on January 6, 1987. Motion carried unanimously with Mayor Hernandez not present. RESOLUTION NO. 133-1987 See Res. Book No. 57 which is incorporated herein by reference. Motion was made by Mayor Pro Tem Lytton and seconded by Commissioner Stormont to postpone a proposed Resolution clarifying the scrivener's error related to lots with the Land Use Designation of ISM and ISD. Motion carried unanimously with Commissioner Puto and Mayor Hernandez not present. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve a refund of $75.00 to Edgar T. Dowling, Jr. inasmuch as a Fill Permit cannot be issued due to the fact that submission of building plans has been delayed. Motion carried unanimously with Commissioner Puto and Mayor Hernandez not present. Cons.ideration of the Application For Variance to the Flood Hazard Ordinance of Richard Farmer was postponed for two weeks. HH 145 COUNTY CLERK Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellman, Ph.D., in the amount of $275.00: Tanju Mishara, Ph.D., in the amount of $450.00. COURT-APPOINTED ATTORNEYS, L. E. Brown, in the amount of $350.00: Patrick Canan, in the amount of $1,027.50: Roberta S. Fine, in the amount of $593.75: John P. Rotolo, in the amount of $364.58: Andrew Tobin, in the amount of $2,500.00. OTHER EXPENSES & COSTS, Louis J. Spallone, Clerk, in the amount of $200.00~ COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $55.00: Terry Moran, in the amount of $283.50: Nichols & Hardy Court Reporters, in the amount of $175.00. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $75.00: Irma Lopez de Pugh, in the amount of $75.00: Alma Renta, in the amount $175.00: Maria Sardina, in the amount of $25.00. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $2,630.34. Motion carried unanimously with Commissioner Puto and Mayor Hernandez not present. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve the following Warrants: GENERAL REVENUE FUND, #65779-#66547, in the amount of $1,005,578.18. GENERAL REVENUE FUND, FRS, Barnett Bank, #159, in the amount of $45,986.l2.---- AIRPORT OPERATION & MAINTENANCE FUND, #387, in the amount of $589.66. MSD, Marine Bank, Marathon, #898-#906, in the amount of~75,113.l6. CAPITAL PROJECTS FUND, #202-#203, in the amount of $156,654.36. WORKMEN'S COMPENSATION, #2123-#2136, in the amount of $44,625.76. TOURIST DEVELOPMENT COUNCIL, #338, in the amount of $3,475.00. FUND 716 SPECIAL TAX DISTRICT, PLANNING, BUILDING & CODE ENFORCEMENT; #45, in the amount of $29,998.00. - Motion carried unanimously with Commissioner Puto and Mayor Hernandez not present. Motion was made by Commissioner Freeman and HH 146 seconded by Commissioner Stormont to approve payment of TOC Special Expenditures in the amount of $4,728.50, subject to final approval by the Finance Department. Motion carried unanimously with Commissioner Puto and Mayor Hernandez not present. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to approve Minutes of the following Board meetings: January 5th, January 6th, January 12th, January 20th, January 21st, January 29th, and February 3rd. Motion carried unanimously with Commissioner Puto and Mayor Hernandez not present. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to adopt the following Resolution adjusting the interest rate of those Notes issued in accordance with Resolution No. 198-1983 to provide for interest increase/decrease for the Cross Key Waterway Estates Special Road and Bridge Taxing District and authorizing issuance of new Tax Anticipation Warrants and Promissory Notes reflecting said change in interest rate. Motion carried unanimously with Commissioner Puto and Mayor Hernandez not present. RESOLUTION NO. 134-1987 See Res. Book No. 57 which is incorporated herein by reference. AWARDING OF BIDS The County Administrator advised the Board of receipt of the following bids for the renovation and repair of two bandstands at Clarence S. Higgs Memorial Beach: Four Star Builders, Inc. Route 3 - Box 113 Big pine Key, Florida 33043 $34,000.00 Sure-Way Builders, Inc. 1st Street & McDonald Avene Key West, Florida 33040 $24,989.00 Advanced Marine Construction Box 575 Key Colony Beach, Florida 33051 $35,800.00- Renovation; $52,600.00- With New Steel Throughout Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to refer to Staff for a report back in two weeks. Motion carried unanimously with Commissioner Puto and Mayor Hernandez not present. The Board was advised that the only bids received with regard to those items listed in the Notice For Sale Of Surplus Property were with regard to Item 14 - Kohler Generator - as follows: John Smouse Dent pierce $55.00 $50.00 Motion was made by Commissioner Lytton and seconded by Commissioner Stormont to accept the bid from John Smouse in the amount of $55.00 for the Kohler Generator and authorized disposition of the remaining items according to law. Motion carried unanimously with Commissioner Puto and Mayor HH '147 Hernandez not present. There being no further business, the meeting was adjourned. * * * * *