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09/05/1986 Regular GG ""88 Regular Meeting Board of County Commissioners Friday, September 5, 1986 Marathon A Regular Meeting of the Monroe County Board of County Commissioners convened at 8:30 a.m. on the above date at the Marathon Subcourthouse. Present and answering to roll call were Commissioner Alison Fahrer, Commissioner William Freeman, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Absent from the meeting was Commissioner Edwin Swift. Also present were Danny L. Kolhage, Clerk; Lucien Proby, County Attorney; Kermit Lewin, County Administrator; Department Heads; County Staff; members of the Press and Radio; and the general public. All stood for the Invocation and the Pledge of Allegiance to the Flag. Prior to the start of the meeting, Mayor Harvey discussed a proposed Resolution concerning the issue of the flagpole at a bicycle shop in Key West. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to add consideration of this item to the Agenda. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Mayor Harvey No Yes Yes Yes Motion carried. Motion was made by Mayor Harvey and seconded by Commissioner Freeman directing the County Attorney to prepare and authorizing the adoption of the following Resolution directed to the Old Island Restoration Commission recommending that the flag of the United States be allowed to fly at Robinson's Bicycle Shop in Key West and throughout all of Monroe County as a symbol of patriotism and encouraging citizens to do so. RESOLUTION NO. 266-1986 See Res. Book No. 52 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Mayor Harvey No Yes Yes Yes Motion carried. The Board proceeded to discuss additions and corrections to the Agenda. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the amendments to the Agenda. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve the following items by unanimous consent: BULK APPROVAL Board approved payment of the following Fine and Forfeiture GG n~q Expenditures: FINE & FORFEITURE EXPENDITURES COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Richard Hellman, Ph.D., in the amount of $125.00; Tanju T. Mishara, Ph.D. in the amount of $500.00. COURT-APPOINTED ATTORNEYS, Larry R. Erskine, in the amount of $387.50; Edward W. Horan, in the amount of $339.89; John Rotolo, in the amount of $328.33. COURT REPORTER SERVICES, Adept Court Reporting Service, in the amount of $36.00; Associated Court Reporters, in the amount of $55.00; Florida Keys Reporting, in the amount of $854.70; Marc Nichols & Associates, Inc., in the amount of $25.00; Terry Moran, in the amount of $915.90. COURT INTERPRETER SERVICES, Juan Borges, in the amount of $145.00; Serafin Calero, in the amount of $25.00; Elaine Carey, in the amount of $75.00; Irma Lopez Depugh, in the amount of $45.00; Elizabeth Diaz, in the amount of $50.00; Manuel J. Marcial, in the amount of $185.00; Charles Parra, in the amount of $25.00. EXPERT WITNESS FEES, Faye Francey, in the amount of $300.00; Steven L. Lawyer, in the amount of $600.00; Roger Mittleman, M.D., in the amount of $600.00. WITNESS PAYROLL, Auto Allowance and 'Travel , in the amount of $49.24; Regular Witness Fees, in the amount of $10.00. Board approved the following Warrants: WARRANTS GENERAL REVENUE FUND, 156025-'57227, in the amount of $907,043.98. FINE & FORFEITURE FUND, #510, in the amount of $33,248.3~ - AIRPORT OPERATION & MAINTENANCE FUND, #365-'366, in the amount of $14,977.82. ROAD & BRIDGE FUND, #411, in the amount of $39,28l.0~ - ---- MSD TAX DISTRICT, '343-'345, in the amount of $117,235.88. --- MSD, Marine Bank, Marathon, '827-'834, in the amount of-s!95,029.86. MSD, Pledged Funds, '72, in the amount of $200,000.00. LAW LIBRARY FUND, '180, in the amount of $532.46. CAPITAL PROJECTS FUND, '162-'163, in the amount of $3,811.04. ---- MONROE COUNTY GROUP INSURANCE, '146-'148, in the amount of $110,630.16. Gi~OO CARD SOUND BRIDGE FUND, #138-#139, in the amount of $49,097.7~ WORKMEN'S COMPENSATION, #1978-#1988, in the amount of $7,184.49. TOURIST DEVELOPMENT COUNCIL, #277-#278, in the amount of $24,654.76. TRANSLATOR FUND, #117, in the amount of $24,897.52. FUND 715, MARINERS HOSPITAL, #09, in the amount of $92.66. FUND 716 SPECIAL TAX DISTRICT, PLANNING, BUILDING, CODE ENFORCEMENT; #24-'25, in the amount of $75,369.13. Board approved Minutes of the following meetings of the Board of County Commissioners: June 20th, June 26th, July 11th, July 16th, and July 25th. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Arthur J. Tredway for the construction of a 29.6 x 38 garage - 1121 square feet - under the existing single-family residence on Lot 10, Block 10, Eden Pines Colony, First Addition, Corner of Westshore Drive and Cactus, Big pine Key; Zoned RU-l; Coastal Flood Zone V-12, Panel 1517. Board authorized Tourist Development Council expenditures in the amount of $144,903.93, subject to final approval of invoices by the Finance Department. ITEMS FOR STAFF COMMENT Airport Board adopted the following Resolution authorizing the Mayor and Chairman of of the Board of County Commissioners to exe- cute FAA Lease No. DTFA06-86-L-10175 by and between the Board of County Commissioners of Monroe County, Florida and the United States of America concerning storage space at the Key West International Airport. RESOLUTION NO. 267-1986 See Res. Book No. 52 which is incorporated herein by reference. Planning, Building ~ Zoning Board approved, per staff conditions and recommendations, the Application for Permit from Robert Bird to place 166 cubic yards of rip-rap and backfill to allow construction of a revetment to be placed below Mean High Water on Lot 35, Block 20, Jolly Roger Estates, Little Torch Key; Section 33, Township 66S, Range 29E; Zoned RU-l. Social Services Board granted permission for the Nutrition Program to adver- tise for bids for food catering services during the 1987 calendar year. Emergency Services Board adopted the following Resolution authorizing the Mayor and Chairman of the Board to execute a Letter of Intent by GG ~-- 09~ and between Southern Bell Telephone and Telegraph Company and the Board of County Commissioners of Monroe County con- cerning the implementation of the Enhanced 9l1/Stand Alone Automatic Identification Emergency Service System in the Middle Keys, Monroe County. RESOLUTION NO. 268-1986 See Res. Book No. 52 which is incorporated herein by reference. Extension Service Board adopted the following Resolution approving and authorizing the Mayor and Chairman of said Board to execute a Project Agreement by and between the Florida Department of Natural Resources and the County of Monroe concerning the artificial reef construction project known as Marathon Artificial Reef. RESOLUTION NO. 269-1986 See Res. Book No. 52 which is incorporated herein by reference. COUNTY ATTORNEY Board granted permission to advertise for Public Hearing a proposed Ordinance providing that the Code of Ordinances of the County of Monroe be amended by revising Subsection (5) of Section 12-42 of Chapter 12 of the Code of Ordinances of Monroe County; providing that professionals who operate a clinic shall be required to pay a license tax for the privi- lege of practicing; providing for severability; providing for inclusion in the Code of Ordinances of the County of Monroe; providing for the repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing for an effective date. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board to execute an Agreement by and between Metropolitan Dade County and Monroe County con- cerning use of Dade County's helicopter for emergency transportation of trauma victims. RESOLUTION NO. 270-1986 See Res. Book No. 52 which is incorporated herein by reference. Board adopted the following Resolution requesting the Florida Department of Transportation to consider the re- designation of Old Card Sound Road (C-905 and C-905A) as US-lor as a new segment of the AlA Road System. RESOLUTION NO. 271-1986 See Res. Book No. 52 which is incorporated herein by reference. COMMISSIONERS' ITEMS Board adopted the following Resolution requesting that the Conference Committee and both Houses of Congress approve the $3 Million request for Key Deer Refuge acquisition. RESOLUTION NO. 272-1986 See Res. Book No. 52 which is incorporated herein by reference. Board authorized all County Commissioners to travel to the GG' 092 SACC Meeting on October 8th in Fort Lauderdale. Board adopted a Proclamation proclaiming the week of September 14th through September 20th as POW/MIA Week. Motion carried unanimously. SOUNDING BOARD FOR PUBLIC INPUT Sheriff Freeman addressed the Board concerning the negotiations for the privatization of the Monroe County Jail. Captain Jake Key, Sheriff's Deputy in charge of the Jail, addressed the Board concerning the feelings of the Correctional Officers and indicated that sixty of the seventy-four jailers were opposed to the privatization and the current negotiations with CCA. Sheriff Freeman again addressed the Board and suggested the withdrawal of the Ordinance which is currently being advertised. He also recommended that the County cease negotiations with CCA and that the County proceed to prepare a proposal which is favorable to the County and to begin any negotiations with prospective firms on the basis of a County-prepared proposed contract. Motion was made by Mayor Harvey and seconded by Commissioner Freeman to withdraw the Ordinance currently being advertised concerning the privatization of the Monroe County Jail; directing the discontinuance of the current negotiations with CCA; and also directing that the Sheriff and the negotiating team proceed to prepare necessary cri- teria for any future proposals for the privatization of the Monroe County Jail. Roll call vote was unanimous. ITEMS FOR STAFF COMMENT Engineering Captain Tom Brown of Post, Buckley, Schuh & Jernigan addressed the Board concerning the current status of the contract for the Card Sound Bridge Fender System. He indicated that the contract with Hendry Corporation, the third lowest bidder, was in the process of being executed and returned to the County for its execution. Captain Brown also discussed the proposals for the construction of the second floor of the Plantation Key Tax COllector/Property Appraiser's Building. Captain Brown indicated that the cost to construct a shell would be $150,000.00 if done at the present time and would probably increase by an additional $50,000.00 if done at a later time after the current construction has been completed. The Board discussed the funding for the additional improvements at Plantation Key. Mayor Harvey called for a Special Meeting to be held at 4:00 p.m. on September 12th in the Commission Chambers at 310 Fleming Street to discuss the additional building requirements at Plantation Key with the Board, Engineers, Tax Collector and Property Appraiser. Airport Art Skelly, Director, addressed the Board con- cerning the bids for leasing of office space in the Public Terminal Building at the Marathon Airport. Mr. Skelly advised the Board that he was in receipt of the following bids: --093 GG" George Lawrence Post Office Box 267 Key Colony Beach, Florida 33051 $110.00 per month plus 5% of gross sales exceeding $2,000 per month $110.00 per month plus landing fees ($.40 per 1,000 pounds) Eastern Express Airlines 3301 Davis Boulevard Naples, Florida 33942 Mr. Skelly recommended that the Board accept the bid of Eastern Express Airlines. Mr. Hauck of Air South addressed the Board and opposed the recommendation of the Airport Director. Beth Barker of PBA addressed the Board and opposed the recommendation. George Lawrence, the other bidder for the space, addressed the Board concerning his proposed use of the facility and negotiations with Mr. Skelly. Judy Greenman of Marathon Travel and Linda Herr opposed the recommendation of Mr. Skelly. This matter was deferred until later in the day when more information could be received. Mr. Skelly addressed the Board concerning a Lease between the County and Hyatt and Hyatt, Inc. for an automo- bile parking lot at Key West International Airport. Mr. Mark Hyatt addressed the Board concerning the proposed Lease. After discussion, motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Chairman of the Board to execute a Lease by and between the County of Monroe and Hyatt and Hyatt, Inc. ("Martha's") for an automobile parking lot at Key West International Airport. Roll call vote was unanimous. RESOLUTION NO. 273-1986 See Res. Book No. 52 which is incorporated herein by reference. Planning, Building ~ Zoning Charles Pattison, Director, advised the Board that Charles Siemon was present to discuss several matters con- cerning the Land Use Plan. Mr. Siemon addressed the Board and discussed the .Confirming Ordinance" in reference to the Land Use Plan and public input in reference to that Ordinance. Fred Tittle, attorney, addressed the Board and asked several questions about the input, approval, and effective dates. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the County Attorney to prepare a "Confirming Ordinance" for Public Hearing on October 3rd. Motion carried unanimously. Mr. Siemon then proceeded to discuss the transition procedures under the Land Use Plan. Mr. Siemon discussed Vested Rights Procedures, the use of Hearing Officers, and the costs of the Hearing Officers. Mr. Siemon also discussed the Tourist Impact Tax and the Planning Commission. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to proceed to make appointments to the Planning Commission. Roll call vote was unanimous. The Clerk read a letter from Commissioner Swift appointing Michelle Keevan; Commissioner Stormont appointed Ed Kloski; and Mayor Harvey appointed Timothy Koenig. Roll call vote on the nominations to the I I GG 094 Planning Commission was unanimous. Mr. Siemon discussed the Repealer Ordinance and the position of Executive Director to the Land Authority. ITEMS FOR STAFF COMMENT Airport Mayor Harvey read a letter from Art Skelly to George Lawrence regarding the space at the Marathon Airport. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to reject all bids. Roll call vote was unanimous. Extension Service Jeff Fisher, Director, addressed the Board con- cerning the Lethal Yellowing Program. After giving his report to the Board, he indicated that the program should be discontinued. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to cease the Lethal Yellowing Program and to endorse Jeff Fisher's report. Motion carried unanimously. COMMISSIONERS' ITEMS Joan Borel of the Florida Audubon Society read a statement concerning the acquisition for preservation of the Salt Ponds in Key West by the CARL Program. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to adopt the following Resolution supporting the inclusion of the Key West Salt Ponds on the list of proper- ties to be considered for purchase by the State of Florida under the provisions of the Conservation And Recreation Lands (CARL) Program on a voluntary basis; providing for an effective date. RESOLUTION NO. 274-1986 See Res. Book No. 52 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Mayor Harvey Yes No Yes Yes Motion carried. SOUNDING BOARD FOR PUBLIC INPUT Byron Robinson of PBS Building Systems, Inc. addressed the Board and made a presentation concerning manu- factured construction techniques for terminal buildings at airports. The Board then recessed for lunch. * * * * * The Board reconvened at 2:00 p.m. with all Commissioners present. GG. 095 The Board recessed. * * * * * MUNICIPAL SERVICES TAXING DISTRICT NO. 2 -- BOARD OF GOVERNORS A Regular Meeting of the Board of Governors of Municipal Services Taxing District No. 2 convened. Present and answering to roll call were Alison Fahrer, William Freeman, Harry Mackerell, Russell Radom, and Wilhelmina Harvey. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution requesting the Supervisor of Elections to conduct a Special Referendum Election on November 4, 1986 in Monroe County, Florida, Municipal Service Taxing District No.2, for elec- tor approval for the purchase of one Type III ambulance and associated and/or related equipment for use within said District. Roll call vote was unanimous. RESOLUTION NO. 275-1986 See Res. Book No. 52 which is incorporated herein by reference. There being no further business, the meeting of the Board of Governors of District No. 2 adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. ITEMS FOR STAFF COMMENT Planning, Building ~ Zoning Charles Pattison, Director, discussed the closure of the offices for training of staff in connection with the operation of the Land Use Plan. Mr. Pattison also discussed the receipt of the printed Plan for sale to the public. Mr. Pattison discussed the decision of the Computer Bid Committee concerning the award to IBM Corporation. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to authorize the purchase of the Computer System from IBM Corporation on the basis of 60% funding from Planning, Building & zoning and 40% from the General Fund, with as much as possible to be paid out of the current fiscal year. Mr. Lou Sabia, IBM Representative, addressed the Board. Roll call vote on the motion was una- nimous. Director Pattison discussed a memorandum dated August 26th concerning Toll Gate Shores. Beth Nichols, Bill Moore of O.F.F., Ruby Dutton and John Dutton of Toll Gate Shores, and Pam Martin of O.F.F. addressed the Board con- cerning this subject. The matter was referred to the Code Enforcement Board for additional review concerning the requirements for a fence, the use of more than one employee, and the question of ownership of the lots. GG--- 096 COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the matter of the Venetian Shores road improvements and the pending lawsuit. Motion was made by Mayor Harvey and seconded by Commissioner Fahrer to approve a Settlement Agreement with the Venetian Shores Property OWners Association, the per- tinent parts of which are as follows: 1. Venetian Boulevard, which is the prime road in the subdivision, will be restructured and refinished by Monroe County, at which time it will become the County's respon- sibility for maintenance. Though there was some question about part of the road being properly dedicated, the stipu- lation will reflect that because of custom and practice it has been dedicated in fact to the County. 2. All of the feeder roads to the southwest of Venetian Boulevard will be maintained by Monroe County, with the exception of the road described as Palo De Oro Drive. 3. The Venetian Shores Sailboat Association, which is another property owners association located in the sub- division but consists of people who live on the easterly side of Venetian Boulevard, will be induced by the plaintiff to enter into a perpetual agreement with the County that they disclaim any rights or privileges whatsoever to the repair of roads in their system; this area will have to be described and defined with exactitude. The Public Works Department is to determine what areas this Association controls and they will be described in the Settlement Agreement. 4. The guard house, which is on a piece of property in the median strip as you approach the Venetian Shores sub- division, will either be knocked down by the Association or used by Monroe County for some kind of County purpose if so desired. The Public Works Department is to analyze this property to see what, if anything, can be done with it that would be beneficial to County operations. 5. Any monies spent on this settlement will necessarily have to come out of the next fiscal year's Gas Tax Trust Fund. 6. The plaintiff will secure from Mr. Frank Martin a corrective quit-claim deed and tender it to the County. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was then held on a proposed Ordinance relating to control of animals within Monroe County; repealing certain Ordinances currently in force; providing the authority and purpose of the Ordinance; pro- viding definitions; providing for the construction and main- tenance of animal pounds and fees for impounded animals; requiring the vaccination of dogs and cats; requiring the licensing of dogs and cats; providing for license fees; pro- viding for collection and use of revenues in connection with licensing; providing certain discounts for licensing; prohi- biting animals at large from public and private property; providing for control of fierce, dangerous and vicious ani- mals; prohibiting animals which constitute nuisances; pro- viding for confinement of female dogs and cats in heat; GG O~ providing for curbing of dogs; providing for disposal of impounded animals and animals which constitute a nuisance; requiring confinement of fierce, dangerous and vicious ani- mals; providing for seizure of animals by private property owners and tenants; providing for impoundment and disposal of animals delivered to the Department of Animal Control; prohibiting luring, enticing, seizing, molesting or teasing animals; providing for enforcement of the Ordinance; pro- viding for fines for violation of the Ordinance; prohibiting interference with the enforcement of this Ordinance; pro- viding for quarantine of certain animals; providing for impoundment and treatment of sick and injured animals; pro- viding for disposal of dead animals; providing for rules and regulations under the Ordinance; providing for construction of Ordinance provisions; providing for area of enforcement; providing for severability; repealing all Ordinances or parts of Ordinances in conflict herewith to the extent of said conflict; providing for inclusion in Monroe County Code of Ordinances; and providing an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Marie Landry and Ty Symroski addressed the Board concerning the proposed Ordinance. The Board discussed several possible amendments to the proposed Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to continue to the next Public Hearing. Motion carried unani- mously. A Public Hearing was then held on a proposed Ordinance pursuant to F. S. 125.0108 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, sales of food or beverages at certain public food service establishments; and sales or receipts of value for certain admissions; 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; pro- viding for inclusion in the Code of Ordinances of Monroe County; and providing for an effective date of January 1, 1987, if the Ordinance is approved by the electors at the General Election held on November 4, 1986. Proof of publi- cation was entered into the record. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Mr. Jerry Hernandez addressed the Board and questioned several matters concerning the proposed Ordinance. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to adopt the following Ordinance. Roll call vote was unani- mous. ORDINANCE NO. 027-1986 See Ord. Book No. 12 which is incorporated herein by reference. ITEMS FOR STAFF COMMENT Planning, Building ~ Zoning Robert Herman, Building Official, and Mr. Grimes from Post, Buckley, Schuh & Jernigan, discussed the proposed Blasting Ordinance. GG - 098 Municipal Service District Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the following transfer of funds: From Contingency Fund 920000 584990 To Administration 0970 534340 Contractual Services $20,000.00 Motion carried unanimously. Charles Aguero, Director, presented a report on the refractory repair work. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the Contract with the Beale Company, Inc. in the amount of approximately $120,000.00 for refractory repairs. Motion carried unanimously. Mr. Aguero advised the Board that he had visited a sludge treatment plant in Sarasota and indicated that the Board should proceed with bids for the alternative system proposed by the contractors. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize the advertisement of Call For Bids for a Sludge Disposal System as described in an alternate system proposed by the contractors. Motion carried unanimously. Mr. Aguero discussed alternatives to the use of sway-cars for the clean-up program. Mr. Aguero advised the Board that the Garbage Franchisees had requested a Workshop with the Board of County Commissioners. The Board agreed that they would set up a Workshop after Mr. Aguero returns from his annual leave. Emergency Services Reggie paros, Director, discussed an Application For Funding regarding County Emergency Medical Services Award. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to adopt the following Resolution authorizing execution of the Application For Grant Funds to be used for Emergency Medical Services for consulting fees. Motion carried unanimously. RESOLUTION NO. 276-1986 See Res. Book No. 52 which is incorporated herein by reference. COUNTY ADMINISTRATOR Kermit Lewin, County Administrator, discussed the Emergency Generator Bids and andicated that the amount of the bid from Frank Keevan & Son, Inc., as compared to the cost if done by County forces, was minimal. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to authorize the contract with Frank Keevan & Son, Inc. for construction of the Generator Building in the amount of $28,000.00. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize payment of Invoice No. 17545 to Post, Buckley, Schuh & Jernigan, Inc. in the amount of $174.37 for services rendered regarding the GG 099 County Courthouse Emergency Generator. Motion carried una- nimously. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to authorize payment of Invoice No. 17948 to Post, Buckley, Schuh & Jernigan, Inc. in the amount of $38,936.97 for services rendered regarding Road Work. Motion carried unanimously. Mr. Lewin discussed a request from the Mayor of the City of Key West for the appropriation of $40,000.00 to assist the City in purchasing new buses for the Transit System. After discussion, this matter was referred to Commissioner Stormont, who would act as a liaison between the City and the County concerning this matter. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to approve Certificates of Public Convenience and Necessity for Atlantic Ambulance in Key West and Key Largo Volunteer Ambulance Corps. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve the expenditure for flowers for the death of Supervisor of Elections, Robert L. Brown. Motion carried unanimously. Mr. Lewin advised the Board of a meeting that he had with a DOT representative concerning the ownership of the Old Seven-Mile Bridge at the north end near Marathon. This bridge was about to be transferred to DNR and DOT was inquiring as to the County's interest in the acquisition thereof. This matter was referred to the next Marathon meeting. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve payment of Invoice No. 1389 to Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. in the amount of $8,090.16. ITEMS FOR STAFF COMMENT Airport Art Skelly, Director, addressed the Board con- cerning the request of Eastern Express for space at Key West International Airport and requested improvements. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to confirm the fact that the rates for space at the Airports are on an "as is" basis and that any improvements required to the Terminal would be done at the tenants' expense. Mr. Tom Cunningham of Eastern Express and John VanArsdale addressed the Board concerning this matter. Roll call vote on the motion was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to authorize space at the Key West International Airport for Eastern Express Airline in accordance with the terms pre- viously stated. Motion carried unanimously. COUNTY ATTORNEY Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve payment in the amount of $6,405.91 to the firm of Fly, Shuebruk, Gaguine, Boros and Braun for services rendered in connection with the Translator System. Motion carried unanimously. GG 100 Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve payment in the amount of $2,776.59 to the firm of Neblett and Sauer, P.A. concerning the defense of the County in Wedzicha v. Monroe County Health Department. Motion carried unanimously. County Attorney Proby discussed potential reirnburse- able expenses in the Howard case due to the statute for acquitted defendants' expenses. He indicated that the defendant had motioned to tax costs at $18,000.00 and that they were willing to settle for $10,000.00. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve payment of $10,000.00 in the Howard case as a judgment for costs to the acquitted defendant, pursuant to Florida Law. Roll call vote was unanimous. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to grant permission to advertise a proposed Ordinance amending Article VII, Division 1, Section 2-297(A) and adding Subsection (D), Monroe County Code, to provide that the additional Tourist Development Tax imposed by Florida Statutes, Section l25.0l04(3)(d)(1986), shall be levied and collected within the City of Key West, Florida; 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 an effective date. Motion carried unanimously. Motion was made by Commissioner Fahrer and seconded by Commissioner Stormont to postpone consideration of a request for permission to advertise a proposed Ordinance amending Monroe County Code Section 12-22 concerning an occupational license tax for rental units. Motion carried unanimously. The Board considered a request for permission to advertise a proposed Ordinance amending Monroe County Code Section 12-53 to prohibit licensees from selling items in a manner or location in which they were not authorized to sell. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to amend the proposed Ordinance to provide that at the end of the first paragraph, the period would be deleted, a comma would be added, and the words "or submitted false or incorrect information on the application form submitted to the Building, Planning & Zoning Department." would then be inserted. Motion carried unani- mously. Motion was made by Commissioner Stormont and seconded by Comissioner Freeman to grant permission to advertise the proposed Ordinance as amended. Motion carried unanimously. The Board discussed a proposed Resolution regarding an Interlocal Agreement by and between the County of Monroe and the City of Key West concerning the new optional six cent gas tax. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to postpone this item for further clarification. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Fahrer to adopt the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners to approve and execute a Rental Car Concession Agreement and an Addendum to Agreement by and between Monroe County and Avis Rent A Car System, Inc. for the Marathon Airport. Motion carried unanimously. GG 101 RESOLUTION NO. 277-1986 See Res. Book No. 52 which is incorporated herein by reference. ..... Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve, pending receipt of complete information and all attachments, the adoption of the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners to approve and execute an Airport Service Facility Lease by and between Monroe County and Avis Rent A Car System, Inc. for the Key West International Airport. Motion carried unanimously. RESOLUTION NO. 278-1986 See Res. Book No. 52 which is incorporated herein by reference. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to approve, pending receipt of complete information and all attachments, the adoption of the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners to approve and execute a Rental Car Concession Agreement and an Addendum to Agreement by and between Monroe County and Avis Rent A Car System, Inc. for the Key West International Airport. Motion carried unanimously. RESOLUTION NO. 279-1986 See Res. Book No. 52 which is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Fahrer discussed the upcoming workshops for Land Use Plan procedures. She recommended that a representative of DCA be invited to attend those meetings. Motion was made by Commissioner Fahrer and seconded by Mayor Harvey to extend an invitation to the Department of Community Affairs and all County Commissioners to attend the upcoming workshops on the Land Use Plan proce- dures. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * * ..-.-