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11/07/1986 Regular GG 1.64 Regular Meeting Board of County Commissioners Friday, November 7, 1986 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 8:30 a.m. on the above date in Courtroom B, Key West Courthouse, Key West, Florida. Present and answering to roll call were Commissioner William Freeman, Commissioner John Stormont, Commissioner Edwin Swift, and Mayor Alison Fahrer. Mayor Wilhelmina Harvey's seat is open due to her resignation, effective November 4, 1986. Also present were Danny L. Kolhage, Clerk: Kermit Lewin, County Administrator: Lucien Proby, County Attorney: 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. The Board adjourned as the Board of County Commissioners and convened as the Monroe County Land Authority. * * * * * The Board reconvened. Commissioner Swift asked for a point of personal privilege and discussed his service to Monroe County over the previous four years. He offered specific thanks to officials, staff, employees and his fellow Commissioners and the public at large for their cooperation during those four years. Mayor Fahrer also commented on her term of service to the County. Commissioner Stormont offered thanks to both Commissioner Swift and Mayor Fahrer for their support and work for the people of Monroe County. Commissioner Freeman also indicated a deep appreciation for the work of Commissioner Swift and Mayor Fahrer and indicated further that he would not be a candidate for re-election when his term expired. The Board then proceeded with discussion of addi- tions and deletions to the Agenda. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve amendments to the Agenda. Motion carried unani- mously. 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 Expenditures: FINE & FORFEITURE EXPENDITURES COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Jeffrey J. Elenewski, Ph.D., in the amount of $200.00: Richard Hellman, Ph.D., in the amount of $875.00: Guillermo D. Marcovici, M.D., in the amount of $500.00: Mental Health Care Center of the Lower Keys, Inc., in the amount of $300.00: John P. GG 165 Mihalovich, Ph.D., in the amount of $250.00~ Tanju T. Mishara, in the amount of $1,050.00. OTHER EXPENSES AND COSTS, Peggy Howard, in the amount of $lO,OOO.OO~ Harry L. Sawyer, Jr., Private I-vestigator, in the amount of $700.00~ Louis J. Spallone, Clerk, in the amount of $lOO.OO~ State of Florida, in the amount of $85.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $95.00~ Christensen Reporting, in the amount of $90.00~ Florida Keys Reporting, in the amount of $120.00~ Manana Reporting, Inc., in the amount of $55.00~ Terry Moran, in the amount of $47.30~ Nichols & Hardy Court Reporters, in the amount of $25.00. COURT INTERPRETER SERVICES, B. Juli Barish, in the amount of $35.00~ Juan Borges, in the amount of $l90.00~ Serafin Calero, in the amount of $15.00~ Irma Lopez De Pugh, in the amount of $25.00~ Jorge L. Morales, in the amount of $25.00~ Alma Renta, in the amount of $70.00~ Maria Sardina, in the amount of $45.00. WITNESS PAYROLL, Auto Allowance and Travel, in the amount of $2,52l.10. Board approved the following Warrants: WARRANTS GENERAL REVENUE FUND, #59474-#60035, in the amount of $2,926,947.88. ---- SUPPLEMENT TO GENERAL REVENUE FUND, #l71 (new checks), in the amount of $8,535.99. ---- FINE & FORFEITURE FUND, #517-'519, in the amount of $l,003,763.57.- AIRPORT OPERATION ~ MAINTENANCE FUND, '370-#372, in the amount of $4,067.42. ROAD & BRIDGE FUND, #417, in the amount of $14,004.5~ - ---- MSD TAX DISTRICT, #350, in the amount of $3,721.44. MSD, Marine Bank, Marathon, t853-#86l, in the amount of~50,959.00. MSD, Pledged Funds, #77-#78, in the amount of $600,000.00. LAW LIBRARY FUND, tl84, in the amount of $20l.95. CAPITAL PROJECTS FUND, #l7l-tI76, in the amount of $307,927.27. ---- CARD SOUND BRIDGE FUND, #144-#l45, in the amount of $l,027.70:--- ---- WORKMEN'S COMPENSATION, 12027-'2036, in the amount of $6,200.25. TOURIST DEVELOPMENT COUNCIL, #289-'295, in the amount of $33,964.92. GG' 1~ TRANSLATOR FUND, il2l, in the amount of $4,330.93. FUND 716 SPECIAL TAX DISTRICT, i29, in the amount of $20,162.82.--- Board approved Minutes of the following meetings of the Board of County Commissioners: 9/12, 9/l5, 9/17, 9/19 and 9/26. Board authorized the annual appropriation of $lO,OOO.OO to the Historic Florida Keys Preservation Board. Board authorized, subject to final approval of invoices by the County Finance Department, payment of the following expenditures of the Tourist Development Council: $62,068.03 for 1986; $50,440.87 for 1987; and $24,811.26 for 1987. ~ Board adopted the following Resolution, transferring funds for the year 1985-1986. RESOLUTION NO. 3l7-l986 See Res. Book No. 54 which is-rDcorporated herein by reference. ITEMS FOR STAFF COMMENT . Engineering Board granted permission to advertise for the purchase of three Chippers and two Loaders for the Road Department as approved in the 1986/87 Budget. Airport Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners to execute a Display Lease by and between the County of Monroe and Light Flight Productions. RESOLUTION NO. 318-l986 See Res. Book No.' 54 which is incorporated herein by reference. Planning, Building ~ Zoning Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Donald E. & Mary Anne Townsend for the construction of a 700 square foot garage to be built below the lOO-Year Flood Elevation on Lot 27, Block I, Summerland Key Cove, Addition No.6, Summerland Key; Zoned IS - Improved Subdivision; Coastal Flood Zone V-l2, Panel 15l2D. Board approved the purchase of the following additional IBM System 36 Hardware: I 8809 Tape Drive w/System 36 Attach Feature 3l80-2 Display Stations 5294 Control Units 3834 4800BPS Modems Model C2K to Model D2K up-grade Total $10,884.00 4,200.00 2,634.00 5,340.00 7,800.00 2,550.00 $33,408.00 2 2 3 1 Social Services Board approved the following places to serve as SCSP Work- sites during the 1986-87 Fiscal Year: GG 16'1 County Offices Bayshore Manor County Commissioners Finance Department In-Home Services Library Nutrition Department Payroll Departmen,t Public Works Department Senior Centers . Social Services Department Transportation Department .. Non-Profit Agencies American Red Cross, Key West Bahia Honda State Recreation Area, Big pine Key Big Brothers & Big Sisters, Key West Domestic Abuse Shelter, Marathon Grace Jones Day Care Center, Marathon Handicapped Job Placement Council, Key West Help Line, Key West Hospice, Key West Job Service of Florida, Marathon . Mental Health Care Center, Key West Monroe Association of Retarded Citizens, Key West South Florida Blood Service, Key West United Way, Key West Wesley House Day Care Center, Key West Board ratified the execution of an Admission Agreement dated O~tober 27, 1986 by and between Bayshore Manor and Robert Shere Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County to execute an Addendum to Contract by and between the State of Florida Department of Health and Rehabilitative Services and Monroe County concerning annual financial and compliance audit for U.S.D.A. :!Too d Program. RESOLUTION NO. 319-l986 See Res. Book No. 54 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners to execute Amendment II by and between the State of Florida Department of Health and Rehabilitative Services and Monroe County con- cerning the U.S.D.A. Food Program. RESOLUTION NO. 320-1986 See Res. Book No. 54 which is incorporated herein by reference. Board authorized execution of an Amendment to CCE Contract 187-5-878 by and between the Board of County Commissioners and the Area Agency on Aging for Dade and Monroe Counties of United Way to increase the CCE In-Home Services Grant by $53,489.00 in State Funds. Extension Service Board adopted the following Resolution approving a State of Florida Department of Natural Resources Project Application concerning the project known as Key Largo National Marine Sanctuary Reef Markers, Key Largo National Marine Sanctuary, Monroe County. I I GGr - 168 RESOLUTION NO. 321-l986 See Res. Book No. 54 which is-rncorporated herein by reference. Board adopted the following Resolution approving a State of Florida Department of Natural Resources Project Application concerning the project known as Layton Channel Markers, Layton, Long Key, Monroe County. RESOLUTION NO. 322-1986 See Res. Book No. 54 which is incorporated herein by reference. Board adopted the following Resolution approving a State of Florida Department of Natural Resources project Application concerning the project known as Toppino Channel Markers, Summerland Key, Monroe County. RESOLUTION NO. 323-l986 See Res. Book No. 54 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners to execute a Florida Boating Improvement Program Development Project Agreement by and between the State of Florida Department of Natural Resources and Monroe County for the project known as Upper Keys Daymarkers. RESOLUTION NO. 324-l986 See Res. Book No. 54 which is incorporated herein by reference. Emergency Services Board authorized the purchase of the following two-way radio communications equipment through Florida State Contract: Stock Island Fire Department Two General Electric Portable Radios with Desk Chargers and A~cessories Sugarloaf Fire Department Three General Electric Portable Radios with Desk Chargers and Accessories $2,652.00 $3,978.00 Big pine Fire Department Two General Electric Portable Radios with Desk Chargers and Accessories $2,652.00 Tavernier Ambulance Service Two General Electric Portable Radios with Desk Chargers and Accessories $2,652.00 Islamorada Fire Department Two General Electric Portable Radios with Desk and Vehicular Chargers and Accessories $3,190.00 COUNTY ATTORNEY Board adopted the following Resolution authorizing the Mayor and Chairman of the Board to execute an Agreement by and between the Board of County Commissioners of Monroe County and Ava Stegall concerning pre-employment physicals for prospective employees and physicals deemed necessary for 'urrent employees. GG ~-169 RESOLUTION NO. 325-l986 See Res. Book No. 54 which is incorporated herein by rp~erence. Board adopted the following Resolution setting date, time and place for Public Hearing for proposed abandonment of portions of certain roads on Indies Island, Duck Key, Monroe County. RESOLUTION NO. 326-l986 See Res. Book No. 54 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of the Board to execute an Addendum to Employment Agreement by and between Monroe County and Calvin J. Allen. RESOLUTION NO. 327-1986 See Res. Book No. 54 which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor and Chairman of said Board to execute an Addendum to Employment Agreement by and between Monroe County and Robert N. Wolfe. RESOLUTION NO. 328-1986 See Res. Book No. 54 which is incorporated herein by reference. Board adopted the following Resolution declaring Wilhelmina Harvey as Mayor Emeritus of Monroe County, Florida. R~SOLUTION NO. 329-1986 See Res. Book No. 54 which is incorporated herein by reference. COUNTY CLERK Board authorized execution of an A- eement with VERACORP of Rochester, New York for the purchase of VERACORP's VERALEX System for the Monroe County Law Library. Board accepted the Financial Reports of William A. Freeman, Jr., Sheriff, for the fiscal year ending September 30, 1986, and a Cashier's Check payable to the Board of County Commissioners in the amount of $946,372.09. COMMISSIONERS' ITEMS Board adopted a Proclamation to recognize the merits of the annual sale of Buddy Poppies by the Veterans of Foreign Wars. ,-.",.-.",* Board approved the temporary blocking by barriers of Burton Drive Extension to prevent trash dumping at end of road. Board approved travel for Commissioner Stormont to the SACC Board of Directors meeting in January 1987. Board approved the use of Sombrero Beach on November l5 and November l6 for the Sombrero Cup Regatta for the launching of small sailboats. Mation carried unanimously. GG ~o %TEMS FOR STAFF COMMENT Engineering Dent Pierce, Public Works Director, discussed the study done on the catch basin situation at McDonald Avenue on Stock Island. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize Post, Buckley, Schuh & Jernigan, Inc. to prepare plans and specifications for construction of the catch basins and to advertise for bids. Motion carried unanimously. Commissioner Swift discussed the proposed extension of the runway at Key West International Airport. After discussion, motion was made by Commissioner Swift and seconded by Commissioner Freeman to abandon the plan to extend the runway at Key West International Airport to the west and also calling for a Public Hearing to be held in Key West concerning the possible extension of that runway to the east. During discussion, Jim Robinson addressed the Board. Roll call vote on the motion was unanimous. SOUNDING BOARD FOR PUBLIC UNPUT The following individuals addressed the Board con- cerning the Perinatal Network: Sherry Reed, Stephanie Walters, Dr. Bofil, Ron Herren of HRS, and Helen Swallow. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to appropriate the sum of $30,000.00 from Contingency to be used according to the following Guidelines, approving the Guidelines, and also contingent upon the concurrent institution of the IPO Program in the Upper Keys: I. Monroe County would establish a contingency fund in the amount of $30,000.00. The amount of the fund is based on the past three years of experience of the need for transport and first day's care of high-risk mothers and newborns who are residents of Monroe County out of the County. The fund would be administered by the Monroe County Health Department and would be set up separately from their annual operating budget. Final approval for disbursement of funds from this fund would be by the County Administrator or his designee, based on the criteria as set forth in these guidelines. 2. Expenditures from this fund would be capped at a maximum guarantee of $5,000.00 per transfer. This expenditure would be further restricted to a maximum of $3,000.00 for emergency transport and/or $2,000.00 for hospital costs. In no event will these caps be exceeded. 3. Eligibility for this fund would be restricted to high- risk mothers or newborns who are residents of Monroe County needing transport out of Monroe County to a tertiary care facility. Based on data from area hospitals for the past three years, The number of prenatal eligible recipients has vacillated from a low of three to a high of ten clients per year. 4. This fund would be one of last resort to be utilized when no other funding is available. Hospital Administrators who have guaranteed payment from hospital funds to facili- tate emergency transfer of Monroe County high-risk mothers and/or babies to tertiary care facilities would be eligible to apply to the fund for reimbursement (as outlined in Section 2) after ninety days when all normal collection GG ~7i efforts and search for 3rd party payment have been unsuc- cessful. Application must be made within 7 working days after the 90-day collection effort period. Not adhering to these application guidelines will be cause for refusal of allocating the requested funds. 5. Under no circumstances will monies from the contingency fund be used to supplement any other payment source, i.e.: Medicaid, private insurance, etc. 6. Patient eligibility for access to this fund would be based on current medically needy/Medicaid rates (not including share of cost clients), rates of income and assets. 7. All potential claims against this fund must be noticed to the Monroe County Health Department for the purpose of letting the County know of possible claims against the fund. Notification will be made within 7 working days of the transfer occurrence. 8. The client is responsible to apply for all benefits which could be available: Medicaid, CMS, Medically Needy and/or AFDC. If the client chooses not to apply for bene- fits, she will not be eligible for the fund. Roll call vote was unanimous. ITEMS FOR STAFF COMMENT Airport Art Skelly, Director, discussed the bids for ninety square feet of office space and forty-five square feet of public counter area in the Public Terminal Building at the Marathon Airport. He recommended the proposal from Courtesy Rental Car. John Bigler representing Avis Rent-A-Car and George Lawrence addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to postpone this matter until the next MR- thon meeting. Roll call vote was unanimous. Mr. Skelly addressed the Board concerning the bids received for one new compact pickup truck (1986 or 1987). He advised the Board that he was in receipt of the following bids: Island Imported Cars, I"c llll Eaton Street Key West, Florida Island Imported Cars, Inc. llll Eaton Street Key West, Florida IS86 Nissan Regular Bed "E" Model $8,660.44 1987 Nissan Standard Re~ular Bed $8,138.00 Key West Toyota, Inc. l600 N. Roosevelt Blvd. Key West, Florida 1987 Toyota Half-ton Compact $7,l73.00 Duncan Ford, Lincoln-Mercury l6l8 Roosevelt Boulevard Key West, Florida 1987 Ford Ranger Half-~n $8,394.00 Bob Chango Inc. 3500 N. Roosevelt Blvd. Key West, Florida 1987 Chevrolet SlO Standard Bed $7,729.94 1.72 GG Bob Chango Inc. 3500 N. Roosevelt Blvd. Key WAst, Florida 1986 Chevrolet SlO Long Bed $8,139.69 Mr. Skelly recommended the low bid from Key West Toyota, Inc. in the amount of $7,l73.00. During discussion, Mr. Skelly was requested to see if this type of truck was included on a State Contract Purchase List. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to postpone this matter until the next meeting. Motion carried unanimously with Commissioner Freeman not present. Director Skelly and County Attorney Proby discussed the proposed Budget Rental Car concession at the Key West International Airport. John Bigler, representing Avis Rent-A-Car, addressed the Board. Andy Bolano, representing Budget Rental Car, addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to postpone this matter to the next Commission meeting. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Stormont CeM~issioner Swift Mayor Fahrer Yes No Yes Yes Motion carried. SOUNDING BOARD FOR PUBLIC INPUT Susan Wilson, Business Manger of the Monroe County Health Clinic, addressed the Board concerning the Contract between the County and HRS concerning the Health Clinic for 1987. Motion was made by Commissioner Swift and seconded by Commissioner Freeeman to adopt the following Resolution authorizing the Mayor and Chairman of the Board of County Commissioners to execute a Contract (as amended) by and bet- ween Monroe County Board of County Commissioners and State of Florida Department of Health and Rehabilitative Services concerning the County Public Health Unit. Roll call vote was unanimous. RESOLUTION NO. 330-l986 See Res. Book No. 54 which is incorporated herein by rp~erence. Dr. Shirley Freeman made her official report on the Drug Abuse/Alcohol/Mental Health district plans for 1986-87. No action was taken. Motion was made by Commissioner Freeman and seconded bv Commissioner Swift to amend the ~enda to add Item D(d) - Booster Club Members to speak abo~t Teen Center - which was removed in error and to remove Item D(e) - Parvan Bakardjiev's presentation of the Monroe County Fine Arts Council's annual report. MOtion carried unanimously. Mr. Russell Brittain of the Key West Football League, Elmira Leto of the Monroe County I formed Families, and Loais Carbonell addressed the activities and use of the Teen Center on South Roosevelt Boulevard. This matter was referred to County Administrator Lewin and he was directed to meet with representatives of all the concerned parties and arrive at an agreeable solution. Roger Bernstein addressed the Board concerning the dPsignation of Offshore IS'&nds in the Land Use Plan as it relates to Wisteria Island, also known as Christmas Tree GG 173 Island. Mo~ion was made by Commissioner Swift and seconded by Commissioner Freeman to acknowledge that an error has been made in either the classification or the ODen Space Ratios on these islands and requested the Staff to make recommendations concerning the correction under the provi- sions of the Land Use Plan. Rott call vote was unanimous. ITEMS FOR STAFF COMMENT Planning, Building & Zoning Mr. Herman and Father Grant of St. Francis In The Keys addressed the Board concerning a request for refund in ~he amount of $822.00 for Building Permit Fee. Motion was made by Commissioner Stormont and seconded by Commissioner Swift to refund one-half of the fee. During discussion, motion was made by Commissioner Freeman to refund the entire fee. This motion was withdrawn as there was a motion ppnding on the table. Roll call vote on the original motion was taken with the following results: Co~issioner Freeman Commissioner Stormont Commissioner Swift Mayor Fahrer Motion carried. Yes Yes No Yes The Board recessed for lunch. * * * * * sent. ThQ~ard reconvened with all Commissioners pre- ITEMS FOR STAFF COMMENT Planning, Building ~ Zoning Charles Pattison, Director, discussed the appeal filed on a permit issued to Michael J. Hadley and Marylyn C. Malasky. Fred Tittle, representing M-. Hadley, addressed the Board. The Staff was asked to produce a copy of the -ppeal letter. The Board then proceeded to discuss the amended contract with DCA and Monroe County concerning $1,050,000.00 in planning funds. Motion was made ~ Commissioner Swift and seconded by Commissioner Freeman to adopt the following RQsolution authorizing the ~yor of Monroe County to execute an behalf of Monroe County an Agreement with the Florida Department of Community Affairs for the County to perform certain tasks in connection with the implementation of the new County Land Use Plan. Motion carried unanimously. RESOLUTION NO. 331-1986 See Res. Book No. 54 which is incorporated herein by reference. Mr. Arthur Mannes discussed a problem he had been having in obtaining a permit. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to reconsider the Board's action approving the Contract with DCA. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to amend the Resolution as requested I #1;"" . 1.74 GG b~ the Clerk, eliminating the reference to the Finance Director and substituting the County Administrator since the County Administrator must approve all payroll changes. Mot~on carried unanimously. Motion was made by Commissioner stormont and seconded by Commissioner Freeman to approve, per staff con- ditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Richard J. and Christopher Dunlap for the enclosure of 957 square feet for storage only helow the lOO-Ye r Flood Elevation on Lot~} ~\ock ~) Matecumbe Sandy Beach, Plat Book 3, US il, Ldver Matecumbe Key 1 Zoned IS - Improved Subdivision1 Coastal Flood Zone V-l7, Panel l326. Bud Post addressed the Board and requested a refund of a Major Development Fee concerning Nichols Subdivision. Motion was made by r.ommissioner Swift and seconded by Commissioner Free~an to approve a refund in the amount of $l,500.00 to Bud Post for the Major Development Fee on Nichols Subdivision. Roll call vote was taken with the following results: rommissioner Freeman Commissioner Stormont C mmissioner Swift Mayor Fahrer Y CI No Yes No Mo~~on failed. County Attorney Proby returned to the discussion of the appeal filed on the Hadley permi t . He d d vi sed the Board that the Commission could invalidate the appeal. Motion was made by Commissioner Swift and seconded by Commissioner F~ee~an to rule that the appeal filed on the building permit issued to Hadley is not valid, rejecting said appeal, and 4irecting the removal of the Stop Work Order issued by the Building Department. Roll call vote was taken with the following results: r.ommissioner Freeman Commissioner Stormont Commissioner Swift Mayor Fahrer Yes No Y"'s Yes Moti on carried. 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 parcel of land lying in Key Haven Tenth Addition, a Subdivision of Part of Raccoon Key and adjacent submerged lands in Sections 23 and 26, Township 67 South, Range 25 East, Monroe County,Florida, as recorded in Plat Book 5 at Page 114 of the Public Records of Monroe County. Proof of publication was entered into the record. Mo~ion was made by Commissioner Swift and seconded by Commissioner Free.an to read by title only. Motion carried unanimously. Motion was then made by Commissioner Swift and seconded by Commissioner Freeman to postpone to the next Key Wp.st meeting. Motion carried unanimously. A Public H~ ring was then held on a proposed Ord- lndnc~ providing that the Code of Ordinances of the County /. GG 1 i'5\ No,/e.-trIber '1/ ,qf{~ DUE T 0 C L E R I C A L ,,- ERR 0 R, T HIS P AGE - WAS R E PEA TED. P LEA S E DEL E T E. ,.-. , -+- ~ ) ~ ~, , . ~ ~f Monroe be amended by adding Subsection (3) to Section l2-22 of said Code; providing that all rental units in the unincorporated areas of Monroe County, Florida, except those occupied by the owner, be subject to an occupational license tax for renting such rental units; providing for severabili- ty; 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 an effective date. Proof of publication was entered into the record. Motion was made by Commissioner Freeman and seconded by Commissioner Stormont to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 038-1986 See Ord. Book No. 12 which is incorporated herein by reference. A Public Hearing was held regarding consideration of an application being made by the County of Monroe to the Florida Department of Community Affairs (DCA) for a Small Cities Community Development Block Grant (CDBG). Proof of publication was entered into the record. Mike Managan and Charles Acheson of the County Staff made a presentation con- cerning the Grant Application. Mr. Roger Braun of the Monroe County Housing Authority addressed the Board con- cerning the Grant Application. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Resolution approving a Community Development Block Grant and requesting any and all assistance needed from the Department of Community Affairs. Motion carried unanimously. RESOLUTION NO. 332-l986 See Res. Book No. 54 which is incorporated herein by reference. Mr. Delton Leigh addressed the Board. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to continue to the next Public Hearing. Motion carried unani- mously. COUNTY ATTORNEY Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Resolution requesting the Conservation And Recreational Land Program of the State of Florida to consider grouping all Florida Keys projects together with the same ranking as the North Key Largo Hammocks/North Key Largo Hammocks Addition. Curt Blair addressed the Board. Motion carried unanimously. RESOLUTION NO. 333-1986 See Res. Book No. 54 which is incorporated herein by reference. ITEMS FOR STAFF COMMENT Municipal Service District Charles Aguero, Director, advised the Board of a meeting he'd had in Tallahassee concerning the funding for the Feasibility Study On Solid Waste. He said that the Board would be advised of future progress in this matter. No further action was taken. > ) ~ J , ) GG 1 '7'7 Social Services The Clerk advised the Board of the receipt of the following bids for the Monroe County Nutrition Program For Senior citizens: p"...1__"'..... GA Food Service, Inc. l2200 32nd Court, N. St. Petersburg, Fl. 33702 $2.23 per meal - All locations Fishermen's Hospital, Inc. 330l Overseas Highway Marathon, Fl. 33050 $3.05 per meal - Marathon Human Services Network, Inc. 3223 N.W. lOth Terrace Ft. Lauderdale, Fl. 33309 $3.14 per meal - Plantation Key and Marathon Tabag's Catering Service 6 Emerald Drive Key West, Fl. 33040 $3.10 per meal - Key West and Big pine Florida Keys Memorial Hospital 5900 West Junior College Road Key West, Fl. 33040 $2.63 per meal - Key West Food Service Management Systems of Florida Post Office Box 244 Key West, Fl. 33040 Frozen: $2.60 per meal - All locations: Hot: $2.54 per meal - Key West and $2.79 per meal - Big pine Mariners Hospital 50 High Point Road Tavernier, Fl. 33070 $3.05 per meal - Plantation Key Motion was made by Commissioner Swift and seconded by Commissioner Freeman to refer to Staff. Motion carried una- nimously. COUNTY ADMINISTRATOR Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve payment to Stephens, Lynn, Chernay & Klein in the amount of $l73.13 for services rendered to represent Monroe County re Ashe v. Dolbert, et ale Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Gommissioner Swift to approve payment to Post, Buckley, Schuh & Jernigan, Inc. for invoices in the amounts of $4l,341.61: $4,471.36: and $2,493.ll. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve payment to G & H Enterprises for work done on Loop Road in the amount of $4,804.00. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve payment to Cohen and Dippell, P.c. in the amount of $2,l22.90 for services rendered in connection with the Translator System. Motion carried unanimously. GG 1 78 Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve Final Payment to The Brewer Company of Florida" Inc. in the amount of $78,763.00 for Roadway Improvements - Key Largo Roads III. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve the request from Ervin Higgs, Property Appraiser, to retain his excess fees in the total amount of $29,190.00, pending approval of his Amended Budget by the Department of Revenue. Motion carried unani- mously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve payment to Monroe Construction Corporation in the amount of $1,135.00 for work done to up-grade the existing electric vault at the Monroe County Court. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve payment to State Association of County Commissioners of Florida, Inc. in the amount of $2,476.00 for Annual Membership Dues - November I, 1986 through October 31, 1987. Motion carried unanimously. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve execution of a Certificate Of Public Convenience And Necessity for the Big Coppitt Volunteer Fire Department, Inc. Motion carried una- nimously. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to approve payment to David Paul Horan & Associates, P.A. in the amount of $492.05 for ser- vices rendered in re Monroe County v. State of Florida, and also advising Mr. Horan that this billing will be considered final if not notified by the next meeting of the County Commission. Motion carried unanimously. Commissioner Freeman appointed Linda O'Brien of 1601 Flagler Avenue to replace Margo Golan on the Tourist Development Council. Motion was made by Commissioner Swift and seconded by Commissioner Stormont to approve the appointment of Linda O'Brien to the Tourist Development Council. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve computer purchases for the following departments in the following amounts: Code Enforcement Civil Defense Public Works $6,816.00 $4,6ll.00 $5,380.00 Motion carried unanimously. The Board discussed the request from Monroe Construction Corporation for payment of the final retainage. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to retain a total amount of $20,000.00 on the contract, subject to the satisfaction of all outstanding items. Motion carried unanimously. County Administrator Lewin discussed the situation at the Sugarloaf Fire Station and advised that there existed no qualified EMT to cover that area. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to GG 11 cr hire a temporary EMT to cover a 24-hour shift on a 30-day basis. Motion carried unanimously. ".....,- Mr. Lewin discussed erosion at the Card Sound Bridge. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to proceed with the permitting required for reconstruction on an emergency basis. Motion carried unanimously. Mr. Lewin discussed a report of the Local Planning Organization Transportation Plan. The County Administrator discussed a letter received from Jack Spottswood concerning a meeting with pritham Singh regarding possible County acquisition of land at the rear of Jackson Square to be used for parking. Motion was made by Commissioner Swift and seconded by Commissioner Freeman to authorize the County Administrator to continue negotiations for the purchase of that property. Motion carried unanimously. COUNTY ATTORNEY Lucien Proby, County Attorney, discussed the Sunset Watersports Lease. Timothy Gatewood addressed the Board concerning this matter. Motion was made by Commissioner Fahrer and seconded by Commissioner Swift to refer this matter to the County Administrator, a representative of Sunset Watersports, the affected users of the pier, and the County Attorney. Motion carried unanimously. Jim Robinson, Bill Anderson and Bill Rosser addressed the Board concerning this matter. Mr. Proby advised the Board that he had received an official request from DOT asking the County to accept title to the Key Colony Beach Causeway. No action was taken. Mr. Proby advised that Mr. Ardolino, a resident near the Copa De Oro Bridge, was now demanding payment of $625.00 in satisfaction of any and all claims of damages incurred while the County was reconstructing that bridge. Motion was made by Commissioner Freeman and seconded by Commissioner Swift to approve payment to Mr. Ardolino in the amount of $625.00 as full payment and satisfaction of any and all claims against the County concerning possible damges during the reconstruction of the Copa De Oro Bridge. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Swift declaring an emergency due to the health, safety and welfare of the citizens of Monroe County~ waiving the requirements of advertising under the provisions of Florida Statutes 125.66~ waiving notice by a four-fifths vote~ amending Section 19-218, Alcoholic Beverages, Monroe County Code, in order to provide for pro- cedures and notice therefor~ providing for Planning Commission review of those applications~ providing for Land Use Districts and types of uses where the sale of alcoholic beverages may be appropriate~ repealing the requirement for beer and wine distributor permitting~ providing for review~ 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 Swift and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. There was no public input. GG180 Motion was made by Commissioner Swift and seconded by Commissioner Freeman to adopt the following Emergency Ordinance. Motion carried unanimously. ORDINANCE NO. 039-1986 See Ord. Book No. 12 which is incorporated herein by reference. County Attorney Proby advised the Board that the closing of the property at the corner of Whitehead and Southard Streets had been delayed due to title problems and the need to obtain additional surveys. No action was taken. Mr. Proby advised the Board that the Tourist Development Council was experiencing difficulty with their former advertising firm, Newman, Blitz & McConnell, and that monies paid to Newman, Blitz & McConnell for invoices had not been paid by that firm to the subcontractors. Mr. Proby advised that he had officially placed Newman, Blitz & McConnell on notice, advising them to clear up these debts for which they had been paid by the County and if they failed to do so, that the County would take further legal action. The County Attorney advised the Board that there were defects in all of the Special District Referendums during the General Election and that the Referendums would have to be rescheduled. Mr. Proby advised the Board that action on a pro- posed Resolution rescinding Resolution No. 277-1982 which approved an amended development order to the Port Bougainville and Garden Cove Developments should be post- poned pursuant to the provisions of Chapter 380.06 of the Florida Statutes. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to table, pending the outcome of the appeal. Motion carried unanimously. The Board discussed the proposed Interlocal Agreement between Monroe County and Key Colony Beach for the purpose of integrating Key Colony Beach into the County's Peacetime Emergency Plan. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to refer this matter to the County Attorney's office for clarification of this request as it pertains to 163.01(S) of the Florida Statutes. Motion carried unanimously. Mr. Proby addressed the Board concerning the Board of Appeals Meeting scheduled for November 19th. No action was taken. COMMISSIONERS' ITEMS Commissioner Swift discussed information and data collected by the TDC and others which should be presented to the Commission and other interested parties. Motion was made by Commissioner Swift and seconded by Commissioner Freeman that the following information be presented to the County Commission and the Chambers of Commerce in Monroe County: 1. A report on the tax receipts from the Tourist Development Tax, published on a monthly basis. 2. Requesting the Airports to submit to the Tourist Development Council passenger information to be included in the report. I GG J81 3. Coordinate between the Key West Chamber of Commerce and the Port and Transit Authority the number of people on ships arriving and departing at Key West Harbor. Motion carried unanimously. There being no further business, the meeting was adjourned. * * * * * ~