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12/16/1986 Regular HH' 026 Regular Meeting .. Board of County Comm~ss~oners Tuesday, December 16, 1986 Key Colony Beach A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the Key Colony Beach City Hall. 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; Kermit Lewin, County Administrator; Tom Brown, 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 Pledge of Allegiance to the Flag. COMMISSIONERS' ITEMS Commissioner Stormont discussed a possible Workshop in January to discuss the Capital Improvements funding plan. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to establish a Workshop in late January for the Board to review the Capital Improvements Program needs and funding alternatives. Motion carried unanimously. Commissioner Stormont discussed occupational license and renewal activities. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman directing the County Attorney to prepare a Resolution to request the Tax Collector to add to the application for the issuance of occupational licenses and renewals the require- ments of Ordinance No. 16-1985 and Ordinance No. 15-1986 concerning proof of subscription to solid waste services. This matter was deferred until later in the day until Harry Knight, Tax Collector, could be present. Mayor Hernandez nominated William Kemp to replace Randy Moore on the Housing Finance Authority. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve the nomination. Motion carried unanimously. Mayor Hernandez discussed the requirements for liability insurance for the STAND UP FOR AMERICA PARADE in Marathon on February 7, 1987 and the VETERANS DAY PARADE on November 11, 1987. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to waive the requirement of the participants of the parades to produce the necessary liability insurance. During discussion, motion was withdrawn. Motion was then made by Mayor Herandez and seconded by Commissioner Lytton to refer this matter to the County Attorney and County Administrator for review and report back to the Board. Motion carried unanimously. Mayor Hernandez discussed a proposed Ordinance that would freeze costs of the County Government. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to direct the County Attorney to prepare an Ordinance to institute a freeze on the costs of the County Government at the current year's level and calling for three Public Hearings as soon as possible. Motion was made by Commissioner Stormont to amend the motion to also require HH 027 the County to proceed to reduce the costs of the County Government. Motion on the amendment died for lack of a second. Roll call vote on the original motion was unani- mous. Mayor Hernandez discussed appointments to the Monroe County Fine Arts Council. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to appoint Sheryl Popp to the Monroe County Fine Arts Council. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to appoint John Tosci to the Monroe County Fine Arts Council. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to appoint Peter Rickard to the Monroe County Fine Arts Council. Motion carried unanimously. Commissioner Puto discussed a proposed Resolution to DOT for the installation of a light at the intersection of 122nd Street in Marathon and the moving of a pedestrian crossing. He also discussed a proposed Resolution which would rescind the Board's previous action requesting an eighteen-month delay on the redesign of the four-Ianing at the west end of Marathon and appointing Commissioner Puto to work with John Taylor of DOT and the County Attorney to have that project reinstituted. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to authorize the County Attorney to prepare the two aforementioned Resolutions. Motion carried unanimously. Commissioner Puto discussed the activities of the Ad Hoc Committee on Trauma Services. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to appoint Commissioner Puto and Reggie Paros, Emergency Services Director, to represent the Board and attend meetings of the Ad Hoc Committee on Trauma Services and report back to the Board. Motion carried unanimously. Commissioner Puto discussed street lighting and the destruction of poles and a program which would recover the costs of the replacement of damaged poles by utilities and construction companies. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to refer this matter to the County Administrator for a report back to the Board. Motion carried unanimously. Commissioner Stormont discussed occupational license application and renewal processes. Harry Knight, Tax Collector, addressed the Board concerning the proposed application. A discussion concerning the amendment of the application to include the requirement of proof of subscrip- tion to garbage service was referred to Charles Aguero, MSD Director, and Harry Knight, Tax Collector. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution creating an Ad Hoc Committee of the building industry to review and report with recommendations to the Monroe County Commission their observations of thee permitting process of Monroe CountYI designating and constituting the Committee and setting forth its duties and prerogatives and also to amend the Resolution to increase the size of the Board from three to five members. Motion carried unanimously. RESOLUTION NO. 366-1986 See Res. Book No. 55 which is incorporated herein by reference. -- 028 HH Commissioner Lytton discussed the holiday schedule for County employees. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to suspend the provisions of Administrative Order No. 1-31 for December 24, 1986 and December 31, 1986. Motion carried unanimously. Commissioner Lytton discussed a proposed notice to absentee property owners concerning the Public Hearings on the Land Use Plan scheduled for January. Following discussion, motion was made by Commissioner Lytton and seconded by Commissioner Freeman authorizing the mailing of notices by postcards to absentee property owners advising them of the Public Hearings on the Land Use Plan scheduled for January, the work to be accomplished by the Planning, Building & Zoning Department, and the funds to be allocated from funds available to the Department. Motion carried una- nimously. Commissioner Lytton discussed the need for services of a Legislative Consultant. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to authorize negotiations for a $1.OO per year Consulting Contract with former Representative Joe Allen. Motion carried unanimously. Commissioner Stormont called the Board's attention to two continuing vacancies on the Code Enforcement Board and the necessity to appoint members to fill those vacan- cies. No action was taken. Mayor Hernandez discussed appointments to the Health Council of South Florida. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to make the following appointments to the South Florida Health Council: Robert Walker, provider 1 Sheila Darwin, provider 1 Manny Jimenez, consumer 1 and Paul Gomia, provider. Motion carried unanimously. Mayor Hernandez discussed the Tourist DDevelopment Council and nominated Stan Becker of Big pine Key to replace Frank Romano who had resigned from that Board. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve the appointment of Stan Becker to the Tourist Development Council to replace the resigning Frank Romano. Motion carried unanimously. The Board then discussed a proposed Workshop on the Capital Improvements Program. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton directing the County Administrator to estabish a Workshop on the County's Capital Improvements Program following the Public Hearings to be scheduled on the proposed Ordinance freezing the cost of County Government. Motion carried una- nimously. ITEMS FOR STAFF COMMENT Planning Building ~ Zoning Charles Pattison, Director, introduced City Commissioner Jimmy Weekley who discussed the work of the Affordable Housing Study Group. Roger Braun of the Monroe County Housing Authority also addressed the Board concerning this item. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to appoint Commissioner Gene Lytton to the Affordable Housing Study Group. Motion carried unanimously. HH 029 Airport The Board discussed the bids on 90 square feet of office space and 45 square feet of public counter area at the Marathon Airport. Tom Cunningham of Eastern Express addressed the Board and requested landing rights at Marathon Airport. Ralph Hauck of Air South, Inc. addressed the Board and objected to an additional airline being placed at the Marathon Airport. Stuart Wald of Keys Air, Inc. discussed his proposal for a charter service. Ralph Cunningham, representing Courtesy Car Rental, addressed the Board con- cerning that firm's bid for the space. George Lawrence of Key Colony Beach addressed the Board concerning his bid for a snack bar in that space. Lawrence Bruno addressed the Board concerning the use of the Airport. Motion was made by Commissioner Stormont and seconded by Mayor Hernandez to reject all bids, in that they are all incompatible with the state of the existing facilities. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez Yes Yes No Yes Yes Motion carried. The Airport Staff was directed to develop expeditious ways in which the facilities at the Marathon Airport can be improved. 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: COMPETENCY ~ PSYCHOLOGICAL EVALUATIONS, Counseling & Psychological Services of South Florida, Inc., in the amount of $250.001 Mental Health Care Center of the Lower Keys, in the amount of $200.001 Tanju T. Mishara, Ph.D., in the amount of $550.00. COURT-APPOINTED ATTORNEYS, Joseph B. Wolkowsky, in the amount of $300.001 T. Nicholas Thomes, Chartered, in the amount of $600.00. L.E.E.A., William A. Freeman, Jr., in the amount of $3,569.20. EXPERT WITNESS FEES, State of Florida, in the amount of $70.00. ~,.,.. COURT REPORTER SERVICES, Florida Keys Reporting, in the amount of $25.00. COURT INTERPRETER SERVICES, Alma Renta, in the amount of $30.001 Jorge Ruano, in the amount of $30.00. OTHER EXPENSES ~ COSTS, William Ryan, in the amount of $1,943.00. WITNESS PAYROLL, Regular Witness Fees, in the amount of $260.001 Auto Allowance and Travel, in the amount of $1,465.23. --030 . HH Board approved the following Warrants: GENERAL REVENUE FUND, i62531-#63101/#63106-t63455, in the amount of $2,274,108.62. SUPPLEMENT TO GENERAL REVENUE FUND, tI75-#176, in the amount of $17,486:71. ---- FINE & FORFEITURE FUND, #523-#528, in the amount of $982,648.~ - AIRPORT OPERATION ~ MAINTENANCE FUND, #377-1378, in the amount of $10,735.20. ROAD & BRIDGE FUND, #425-#426, in the amount of $28,769.1~ - ---- MSD TAX DISTRICT, 1357-1358, in the amount of $3,669.54:-- --- MSD, Marine Bank, Marathon, t875-#876, in the amount of~0,420.45. CAPITAL PROJECTS FUND, #190-#193, in the amount of $267,252.27. ---- CARD SOUND BRIDGE FUND, #150-'151, in the amount of $5,743.87:--- WORKMEN'S COMPENSATION, #2061-'2076, in the amount of $5,988.67. TOURIST DEVELOPMENT COUNCIL, #305-#308, in the amount of $23,255.00. MONROE COUNTY SELF-INSURED GROUP INSURANCE, #160-1161, in the amount of $731.29. FUND 716 SPECIAL TAX DISTRICT PLANNING, BUILDING & CODE ENFORCEMENT, #35-136, in the amount of $52,274.59. Board approved payment of Tourist Development Council expen- ditures in the amount of $54,839.23, subject to final invoice approval by the County Finance Department. ITEMS FOR STAFF COMMENT Planning, Building ~ Zoning Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Greg Buchanan for the enclosure of 366 square feet below the existing single-family residence on Lot 35, Block 4, Summerland Cove Isles, Gulf Drive, Summerland KeYI Zoned IS- Improved Subdivisionl Coastal Flood Zone V-12, Panel 1514C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Christopher R. Geiselmann for the enclosure of 1200 square feet for storage and parking only below the existing single-family residence on Lot 21, Block 5, pine Channel Estates, Independence Avenue, Big Pine KeYI Zoned IS-Improved Subdivisionl Coastal Flood Zone V-12, Panel 1536C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance -- 031 HH of Ralph P. Hinchman, III and Elsa H. Clark for the enclosure of 542 square feet of existing patio on Lot 2, Block I, Key Haven 7th Addition, Key Havenl Zoned IS - Improved Subdivisionl Coastal Flood Zone A-12, Panel 1728C. Board approved, per staff conditions and recommendations, the Application for Variance to the Flood Hazard Ordinance of Mark Tincher for the enclosure of 1240 square feet for storage only below the existing single-family residence on Lot 9, Block 13, Tamaracpark, Venus Lane, Geiger KeYI Zoned URM - Urban Residential - Mobile Home Districtl Coastal Flood Zone A-IO, Panel 1734C. Board adopted the following Resolution authorizing the Mayor of Monroe County to execute on behalf of Monroe County an Agreement with the South Florida Regional Planning Council to perform certain tasks in relation to implementation of the new County Land Use Plan. RESOLUTION NO. 367-1986 See Res. Book No. 55 which is incorporated herein by reference. Board adopted the following ,Resolution authorizing the Mayor to execute on behalf of Monroe County an Interlocal Agreement with the Florida Keys Aqueduct Authority for mapping work. RESOLUTION NO. 368-1986 See Res. Book No. 55 which is incorporated herein by reference. Social Services Board approved and authorized execution of necessary docu- ments in connection with the Title III C-I and C-2 Grant Application for Fiscal Year 1987 for the Nutrition Program. Board approved and authorized execution of necessary docu- ments in connection with Title III C-I and C-2 Nutrition Program Contracts with the United States Department of Agriculture for 1987. Board accepted the bid withdrawal of Food Service Management, Inc. for the Nutrition Program, Key West Congregate and accepted in place thereof the original bid price of $2.63 per meal from Florida Keys Memorial Hospital to provide hot bulk food to the Key West Congregate Nutrition Sites from 1/5/87 to 12/31/87 with supplies and delivery included in the price per meal. Board approved and authorized execution of necessary docu- ments in connection with the Title III B Grant with the Area Agency on Aging for Dade and Monroe Counties for the Calendar Year 1987. Emergency Services Board authorized the transfer of neccessary funds from the District 6 contingency fund to purchase a stretcher from Aero Products, Inc. for $1,100.00 for Key Largo Ambulance Service. COUNTY ADMINISTRATOR Board authorized the following items from removal of Inventory because they are either beyond repair or are HH 032 declared excess and are offered for sale: UNIT NO. ---- --- 0940-11 0940-121 None None None None 3000-19 4102-75 4102-243 WHEELCHAIRS 5220-42 5221-IC 5221-2B 5221-ID DESCRIPTION PUBLIC WORKS SN FIOANE05158 SN F34HBEG3535 SN IP3BR27N8BA26843 SN 2B3BG26LOCRl81632 SN 2B3BG26L8CRl81636 SN IP3BR27NIBAl26828 SN IX69D5Tl49506 1973 Ford Truck 1979 Ford Van plymouth Plymouth Plymouth Plymouth 1975 Chevy Nova 4-Door Hough Payloader Model H70 (Engine is no good) Grid Roller (Bros.) GP215 Serial 142 Aeroil Telescoping Hoist Model TLl6-Serial 6223 (taken for Tax Lien from Harry Knight's office) SOCIAL SERVICES Model No. 410, Serial No. 20788, Sun Mark Model No. 412, Serial No. 64338, Sun Mark Model No. (Traveller), Serial No. None, Everest-Jennings Model No. A412, Serial No. 25928, Sun Mark The following Bayshore Manor County Home equipment is broken and beyond repair: 5223-321 5223-327 1803-365 2212-357 2212-385 0500-458 2212-327 2212-328 2212A-39 WHEELCHAIRS 5221-28 5221-ID 0920-294 0920-297 0920-300 RCA Color TV - removed from premises Fedder's A/C - removed from premises-Room 206 Speed Queen Washer - Bayshore Manor Kitchen TAX COLLECTOR Singer Calculator-SN3910 valued at $188.37 United Calculator-SN4451 valued at $165.00 Adler Calculator-SN71835648 valued at $149.16 Friden Calculator-SN5909580 valued at $195.47 Friden Calculator-SN5909579 valued at $195.47 Friden Calculator-SN5909598 valued at $195.47 (above are too expensive to repair - do not add properly) WELFARE SERVICES PUBLIC WORKS Craftsman Weedwacker Craftsman Weedwacker Craftsman Chair Saw CIVIL DEFENSE 19" Television Set - Mitsubishi - stolen CB Radio - 1973 model - beyond repair Air Conditioner - Sears 1972 Model El3631129 - beyond repair Laminator - 3D Plastic ID #35396 - beyond repair 033 HH ITEMS FOR STAFF COMMENT Emergency Services Board adopted the following Resolution authorizing the Chairman of the Board to execute an Agreement by and between the Islamorada Volunteer Fire, Ambulance and Rescue Corps, Inc. and Municipal Service Taxing District 4-B for the pur- pose of leasing four vehicles for the District's use. RESOLUTION NO. 369-1986 See Res. Book No. 55 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute an Agreement by and between I) Special Taxing District I-A and the Stock Island Volunteer Fire Department, Inc., 2) Special Taxing District I-C and the Sugarloaf Key Volunteer Fire Department, Inc., 3) Special Taxing District 3 and the Conch Key Volunteer Fire Department and Rescue Squad, Inc., and 4) Special Taxing District 4-A and the Layton Volunteer Fire Department, Inc., for the purpose of reimbursing Volunteer Ambulance Personnel. RESOLUTION NO. 370-1986 See Res. Book No. 55 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute an Agreement by and between I) Special Taxing District I-A and the Stock Island Volunteer Fire Department, Inc., 2) Special Taxing District I-C and the Sugarloaf Key Volunteer Fire Department, Inc., 3) Special Taxing District 3 and the Conch Key Volunteer Fire Department and Rescue Squad, Inc., and 4) Special Taxing District 4-A and the Layton Volunteer Fire Department, Inc. for the purpose of reimbursing Volunteer Fire Personnel. RESOLUTION NO. 371-1986 See Res. Book No. 55 which is incorporated herein by reference. Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute an Agreement by and between I) Special Taxing District I-B and the Big Coppitt Volunteer Fire Department, Inc., and 2) Special Taxing District 5 and the Tavernier Volunteer Fire Department and Ambulance Corps, Inc. for the purpose of reimbursing Volunteer Ambulance Personnel. RESOLUTION NO. 372-1986 See Res. Book No. 55 which is incorporated herein by reference. -~ Board adopted the following Resolution approving and authorizing the Chairman of the Board to execute an Agreement by and between I) Special Taxing District I-B and the Big Coppitt Volunteer Fire Department, Inc., and 2) Special Taxing District 5 and the Tavernier Volunteer Fire Department and Ambulance Corps, Inc. for the purpose of reimbursing Volunteer Fire Personnel. RESOLUTION NO. 373-1986 See Res. Book No. 55 which is incorporated herein by reference. HHl-034 Motion carried unanimously. SOUNDING BOARD FOR PUBLIC INPUT Don Moore of Monroe Association for Retarded Citizens addressed the Board and requested the County's assistance by approving $20,000.00 for funding for construc- tion of their new facility. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman declaring an emergency exists and waiving the requirements of advertising under the provisions of Florida Statutes 125.66. Roll call vote was unanimous. Motion was then made by Mayor Hernandez and seconded by Commissioner Freeman to adopt the following Ordinance declaring that an emergency exists and waiving notice by a four-fifths vote 1 creating Article XIV of the Monroe County Codel awarding $20,000.00 to the Monroe Association for Retarded Citizens, a non-profit organiza- tion1 designating such award to be non-renewable 1 designating the source of such award to be from the County's contingency fundsl providing for severabilitYI providing for inclusion in the Monroe County Codel providing for the 4 repeal of all Ordinances or parts of Ordinances in conflict with this Ordinance 1 and providing for an effective date. Roll call vote was unanimous. ORDINANCE NO. 040-1986 See Ord. Book No. l~ which is incorporated herein by reference. The Board recessed for lunch. * * * * * The Board reconvened with all Commissioners pre- sent. SOUNDING BOARD FOR PUBLIC INPUT Alex Butchkosky addressed the Board concerning the Boat Ramp between the Quay and Adventure Island in the Middle Keys. This matter was referred to Staff for further review. BULK APPROVALS Motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve the request by the Tourist Development Council for additional mail room staff to handle TV Campaign responses, contingent upon the availability of funds. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve the revised Trade Show Schedule for those items within the Continental United States. Motion carried unanimously. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to approve the World Travel Fair in Tokyo from December 7th through December 12th, as submitted by the TDC. During discussion, Commissioner Lytton withdrew his second. Motion died for lack of a second. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to grant permission for the TDC Administrative Director to attend the Florida International 035 HH Tourist Advisory Committee meeting in Orlando on January 23, 1987 and the Domestic Tourism Committee meeting on January 9, 1987. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator Tom Brown discussed the possible scheduling of a meeting with TDC and the Board of County Commissioners in the latter part of January. COMMISSIONERS' ITEMS Mayor Hernandez announced that he was appointing Commissioner Puto to serve on the District No. 2 Board of Governors in place of former Commissioner Alison Fahrer. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to approve the appointment of Commissioner Puto to serve on the District No. 2 Board of Governors in place of former Commissioner Alison Fahrer. Motion carried unanimously. The Board recessed. * * * * * MUNICIPAL SERVICES TAXING DISTRICT NO. 2 BOARD OF GOVERNORS The Board of Governors of Municipal Services Taxing District No. 2 convened. Present and answering to roll call were Samuel "Mickey" Feiner, William Freeman, Michael Puto, and Mayor Jerry Hernandez, Jr. Commissioner Freeman nominated Commissioner Puto to serve as Chairman of the District No. 2 Board of Governors. The nomination was approved unanimoUSly. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to adopt the following Resolution requesting the Supervisor of Elections to conduct a Special Referendum Election on March 3, 1987, in Monroe County, Florida, for Municipal Service Taxing District No. 2. Motion carried unanimoUSly. RESOLUTION NO. 374-1986 See Res. Book No. 55 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to adopt the following Resolution approving and authorizing the Chairman of the Board to exec- cute an Agreement by and between Special Taxing District 2 and the Marathon Volunteer Fire & Rescue, Inc. for the purpose of reimbursing Volunteer Fire Personnel. Motion carried unanimously. RESOLUTION NO. 375-1986 See Res. Book No. 55 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to adjourn the meeting of the Municipal Services Taxing District No. 2 Board of Governors. Motion carried unanimoUSly. * * * * * HH 036 The Board of County Commissioners reconvened with all Commisisoners present. ITEMS FOR STAFF COMMENT Engineering Bob Harris of Post, Buckley, Schuh & Jernigan, discussed and made a presentation concerning the "Cross Big Pine Key Arterial Access Road." Mr. Fields addressed the Board. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to approve Option C as presented by Post, Buckley, Schuh & Jernigan concerning the construction of the Cross Big pine Key Access Road. Motion carried una- nimously. Motion was then made by Commissioner Puto and seconded by Commissioner Freeman directing the County Attorney to prepare a notice and advertise for the Public Hearings necessary to establish the proposed right-of-way, said hearings to be held in the Marathon-Key West area. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt a proposed Resolution con- cerning receipt of unanticipated funds from the State Department of Community Affairs. During discussion, the motion was withdrawn. Fred Tittle, attorney, addressed the Board concerning the funding. COMMISSIONERS' ITEMS Mayor Hernandez discussed the use of a Special Independent Counsel to the Board of County Commissioners regarding Land Use matters. Mayor Hernandez suggested Michael Halpern. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to employ Michael Halpern to act as Special Counsel to the Board of County Commissioners on Land Use matters. After discussion, 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. Mayor Hernandez appointed Commissioner Lytton to work with County Attorney Proby and Mr. Halpern on a proposed contract for services. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to call for a Special Meeting on December 29th at 8:30 a.m. to consider the approval of the proposed contract with Michael Halpern to serve as Special Counsel to the Board of County Commissioners on Land Use matters. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held for the purpose of deter- mining whether or not the following described street, alleyway, road or highway shall be abandoned: All that portion of Golf Course Drive lying southwesterly of Duck Key Drivel the Northeasterly 573.96 feet of Golf Course 037 HH Drivel all that portion of Tam O'Shanter Drive lying North of Greenbriar Roadl all of Fairway Roadl all of that portion of Greenbriar Road lying Northeasterly of the Northeasterly boundary of Lot 5, Block 8 extended NortherlYI all of Greenbriar Circle; all of that portion of Pebble Beach Lane lying Northwesterly of Greenbriar Road and Southeasterly of the Southeasterly boundary of Lot 8, Block 7 extended NortheasterlYI all of Harbor Drive1 all of Putting Green Courtl and all of Country Club Road; all the aforesaid being shown and delineated on INDIES ISLAND, DUCK KEY, Section I, Part I, according to the Plat thereof, as recorded in Plat Book 5, Page 82 of the Public Records of Monroe County, Florida. Proof of publication was entered into the record. Wayne Brenner, property owner in the area, addressed the Board and opposed the abandonment. Jim Cohee of Hawk's Cay addressed the Board and requested the abandonment. Frank Greenman, representing the Duck Key Property Owners Association, addressed the Board and advised them that the Association favored the abandonment of the roads. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution abandoning the road. Roll call vote was unanimous. RESOLUTION NO. 376-1986 See Res. Book No. 55 which is incorporated herein by reference. SOUNDING BOARD FOR PUBLIC INPUT Parvan Bakardjiev, Executive Director of the Monroe County Fine Arts Council, addressed the Board concerning the Council's activities and presented their Annual Report. Judge Sandra Fowler, Chairman of the Monroe County Fine Arts Council, also addressed the Board. Richard Heyman, Chairman of the Festival of the Continents Committee, addressed the Board concerning their activities. ITEMS FOR STAFF COMMENT Planning, Building ~ Zoning ~,',',~ Howard Tupper, Development Review Coordinator, discussed the proposed dates for the Land Use hearings - January 5th, January 12th, and January 2lst. The Board then discussed the time for filing of petitions for changes to the Land Use Plan. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to grant a thirty-day extension to the time for filing of petitions for changes to the Land Use Plan from January 5th. During discussion, motion was withdrawn. Andrew Tobin, attorney, addressed the Board concerning this matter. After further discussion, motion was made by Commissioner Lytton and seconded by Commissioner Freeman to grant a thirty-day extension to the time for filing of inconsistent intent applications for changes to the Land Use Plan. Motion carried unanimously. Mr. Tupper discussed the Big pine Area of County Critical Concern. He discussed a question of interpretation concerning the Plan and clarification from Mr. Siemon. Motion was made by Commissioner Freeman and seconded by HH- 038 Commissioner Puto to adopt the following Resolution approving the correction of scrivener's errors and omission in the County's Land Development Regulations pursuant to Section 13-101(E) of those Regulations regarding the language of Section 11-104, Volume 3 of the Comprehensive Land Use Plan. RESOLUTION NO. 377-1986 See Res. Book No. 55 which is incorporated herein by reference. Frank Greenman discussed a Petition concerning Seaward Estates. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve the Petition, con- tingent upon Staff approval. Mr. Tupper discussed the DCA Plan Update Contract and the need to adopt the Budget Resolution. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to adopt the following Resolution concerning receipt of unanticipated funds received from the State Department of Community Affairs. Motion carried unanimously. RESOLUTION NO. 378-1986 See Res. Book No. 55 which is incorporated herein by reference. Mr. Tupper discussed the Commercial Fishing registration process under the Land Use Plan. Bill Moore of O.F.F., Frank Greenman and Vern Pokorski addressed the Board concerning this matter. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to extend the time for the Commercial Fishing registration by sixty days. Motion carried unanimously. Frank Greenman, attorney, discussed impact fees on Gulfside Village in Marathon. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman that pursuant to the information provided by Staff and the Agreement with DCA, the Board would consider the terms of that Agreement sufficient to show that mitigation expen- ditures satisfy the County impact fees. Roll call vote was unanimous. Motion was made by Commisisoner Stormont and seconded by Commissioner Freeman to approve the Memorandum dated December 4th regarding the Affordable Housing Study Group. Motion carried unanimously. Bob Harris of Post, Buckley, Schuh & Jernigan discussed the Jerry Ellis Building at Plantation Key and indicated for the record that Post, Buckley would bring final plans and costs, as well as a final change order for the completion of the second floor of the building, to the next County Commission meeting. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to approve Change Order No. 2 concerning the Jerry Ellis Building in Plantation Key. Motion carried unanimously. Municipal Service District Charles Aguero, MSD Director, addressed the Board and recommended approval of the Franchise Agreement Addendums. Fred Tittle, representing the Franchisees, addressed the Board and requested that this matter be post- poned to January 6, 1987. During discussion, Mayor Hernandez called for the noticed Public Hearing at 5:00 p.m. -. 039 HH PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance repealing those portions of the Monroe County Code incon- sistent with Monroe County Land Use Plan and Development Regulations adopted on February 28, 1986, and approved by Rules 27F-9.019, 27F-9.020 and 27F-9.021, F.A.C.1 clarifying those structures that the Fire Marshal must inspect under Monroe County Code Chapter 6.61 clarifying the definitions of Commerial Area, Industrial Area and Residential Area for the purposes of noise control under Chapter 13 of the Monroe County Codel amending Sections 16-19(1) and 16-22(a) in order to clarify that Volume 3, Monroe County Land Development Regulations apply to Chapter 16, Monroe County Code, concerning right-of-way constructionl clarifying that condominiums are governed by Chapter 718, Laws of Floridal amending Section 19-123, Monroe County Code, in order to provide that applicants for occupational licenses apply to the Planning Department and that the proposed use will be consistent with the locations in Land Use Districtl amending Monroe County Code Section 19-152, Aviation Hazards, in order to provide for variances from the requirements con- tained therein 1 providing that after the effective date of this Ordinance the provisions of the repealed portions of the Monroe County Code shall have no further force and effect except as provided in Section 1-102B of the Monroe County Land Development Regulationsl providing for severabi- litYI providing for repeal of all Ordinances in conflict herewith 1 providing for incorporation into the Monroe County Code 1 and providing for an effective date. Proof of publi- cation was read into the record. Motion was made by Commissioner Stormont 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. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend as follows: Page 2, Line 12: Delete the words "Sections 19-95 through 19-99" and insert in lieu thereof the words "Sections 19-97 through 19-99". Page 2, Line 13: Delete the words "Sections 19-101 through 19-103" and insert in lieu thereof the words "Section 19-1011 Section 19-1031". Page 2, Lines 16 and 17: Delete the words "Section 19-146". Page 2, Line 20: Delete the words "Sections 19-214 through 19-217" and insert in lieu thereof the words "Sections 19-214 through 19-217.3". Page 2, Line 20: Insert the words "1 Section 19-217.91" to include repeal of pyramiding. Page 2, Line 23: Delete the words "Section 19-195 through 19-302" and insert in lieu thereof the words "Section 19-295 through 19-302". Page 6: Add just before Section 10 the following: "(6) Special medical evacuation locations for helispots may be granted by the Planning Director without meeting district requirements, as may be judged in the public interest, con- ditioned upon obtaining Florida DOT and FAA approvals for such use." HH- 040 The motion to amend carried unanimously. Roll call vote on the motion to adopt as amended was unanimous. ORDINANCE NO. 041-1986 See Ord. Book No. 12which is incorporated herein by reference. ITEMS FOR STAFF COMMENT Municipal Service District The Board then continued discussion of the Franchise Agreement Addendums. Mayor Hernandez appointed Commissioner Puto to work with MSD Director Aguero, Fred Tittle and the Franchisees and report back to the Board. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to approve the foregoing appointment of Commissioner Puto. Motion carried unanimously. Mr. Aguero discussed the $1,000,000.00 appropriated by the Legislature for a Solid Waste Feasibility Study and the work being done to proceed with that Study. Mr. Aguero discussed the problem he is having with DER in obtaining a permit to operate the open pit burners. It was his recommendation to the Board to notify DER that if they did not receive the permit within seventy-two hours, that the County would proceed to begin operation of the open pit burners. Motion was made by Commissioner Puto and seconded by Commissioner Freeman authorizing Mr. Aguero to notify the Department of Environmental Regulation in writing that if the permit is not received within seventy-two hours, that MSD would begin operation of the open pit burners. Roll call vote was unanimous. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to approve the purchase from Petersen Industrial Machines, Inc. of two Petersen Model TL-3 stationary mounted Knuckle Boom Cranes for loading pit burners at Key Largo and Long Key for the installed price of $23,265.00 each. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to approve the engagement of the Firm of Parks and Niles, Certified Public Accountatnts, to perform the audit of the Franchise Collectors for 1986. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator Tom Brown discussed the Group Insurance Program and the Sheriff's proposal to leave the Self-Insurance Group and obtain his own insurance. Dana Lupia of Arthur J. Gallagher & Company addressed the Board and indicated that removal of the Sheriff from the Self-Insurance Fund would be very damaging to the operation of the County's Group Insurance Fund. Motion was made by Commissioner Stormont and seconded by Commissioner Puto to reconsider the Board's previous action authorizing the Sheriff to withdraw from the County's Group Insurance Fund. Roll call vote was unanimous. This matter was referred to the County Administrator, Staff, and Arthur J. Gallagher & Co. for a report and recommendation to the Board. ITEMS FOR STAFF COMMENT Airport Motion was made by Commissioner Stormont and 041 HH seconded by Commissioner Lytton to amend the proposed Sign Lease with Alamo Rent-A-Car, Inc. so as to provide for the payment of $1,200.00 as rent and to adopt the following Resolution authorizing the Mayor and Chairman of the Board to execute a Sign Lease (as amended) and First Addendum to Lease Agreement by and between the County of Monroe and Alamo Rent-A-Car, Inc. for installation of a sign at the Key West International Airport. RESOLUTION NO. 379-1986 See Res. Book No. 55 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to adopt the following Resolution authorizing execution of a Lease Agreement with Five 66666 Cab Company, Inc. for a gazebo at the Key West International Airport. Motion carried unanimously. RESOLUTION NO. 380-1986 See Res. Book No. 55 which is incorporated herein by reference. Art Skelly, Airport Director, discussed Airport Tenant Liability Insurance. Harry Smith of the Marathon Flying Club addressed the Board concerning problems that the Club was having in obtaining and keeping the necessary insurance. No further action was taken. Emergency Services Reggie Paros, EMS Director, discussed the manpower shortage problem at the Sugarloaf Volunteer Fire Department Ambulance Service. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to authorize the use of tem- porary employees where necessary, together with the joint use of volunteers, at the Sugarloaf Volunteer Fire Department Ambulance Service and also authorizing any necessary line item transfers to accomplish this task. Motion carried unanimously. Roger Bernstein addressed the Board concerning paid versus volunteer staff. COUNTY ADMINISTRATOR Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to approve Payment No. 2 to Hendry Corporation in the amount of $73,522.79 for work performed on the Card Sound Bridge Fender System. Motion carried una- nimously. ",.,."..-.. Motion was made by Commissioner Freeman and seconded by Commissioner Lytton to approve payment to Post, Buckley, Schuh & Jernigan for: Invoice #20943 in the amount of $9,791.64 for professional services rendered in connec- tion with the Card Sound Road and Toll Bridge AuthoritYI Invoice #21003 in the amount of $2,440.00 for professional services rendered in connection with the Jackson Square Criminal Justice Facility Buildingl Invoice #21004 in the amount of $57.65 for professional services rendered in con- nection with the Courthouse Emergency Generatorl Invoice #20980 in the amount of $2,280.00 for professional services rendered in connection with the Plantation Key Government Center Wastewater Treatment Plantl and Invoice #21002 in the amount of $4,732.42 for professional services rendered in connection with the Second Floor Addition to the Plantation HH -- 042 Key Government Center. Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to postpone action on a bill from David Paul Horan in the amount of $492.05. Motion carried unani- mously. Motion was made by Commissioner Freeman and seconded by Mayor Hernandez to approve payment to Florida Keys Claim Service in the amount of $184.40 for adjusting fees in connection with Feldstein vs. Key West. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commisisoner Puto to approve Payment No. 7 in the amount of $106,243.20 to Hewitt-Kier Construction, Inc. for services performed at the Monroe County Justice Building and Payment No.5 in the amount of $30,289.50 to Hewitt-Kier Construction, Inc. for services performed at the Plantation Key Government Center. Motion carried unani- mously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve payment to Risk Control Associates, Inc. in the amount of $562.50 for ser- vices rendered for the month of November, 1986. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve payment to J.E.P. Inc. in the amount of $36,000.00 for work done to the Old Jail facility. Motion carried unanimously. Mr. Lewin advised that he was in receipt of two proposals for a truck - one from Bob Chango in the amount of $11,764.00 and the other from Duncan Ford in the amount of $12,268.00. Mr. Lewin recommended the award of the low bid for $11,764.00 to Bob Chango. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve the purchase of a truck for the Road Department from Bob Chango in the amount of $11,764.00. Motion carried una- nimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve J. P. Strode & Associates, Inc. Change Order No.2 in the amount of $1,850.00 to furnish and install two auxiliary chain hoists at the Apparatus Building for the Tavernier Volunteer Fire Department and Ambulance Corps. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve Payment No. 7 to J. P. Strode & Associates, Inc. in the amount of $42,503.00 for services performed at the Apparatus Building for the Tavernier Volunteer Fire Department and Ambulance Corps. Motion carried unanimously. Mr. Lewin discussed the street lights on East College Road. It was his opinion that for safety reasons, those lights should be turned back on. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to authorize the turning on of the lights on East College Road up to the intersection with u.s. I. Motion carried unani- mously. Mayor Hernandez discussed a letter from the County Administrator concerning the audits of the Volunteer Fire HH 043 Departments. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to refer to the County Attorney a proposed Ordinance which would amend the existing Ordinance concerning the requirement of audits of the Volunteer Fire Departments. Motion carried unanimously. Mr. Brown discussed a meeting of residents, owners and law enforcement agencies concerning Pearl Trailer Court. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to approve the payment for certain street lights at Pearl Trailer Court for safety reasons. Motion carried unanimously. COUNTY ATTORNEY County Attorney Proby discussed pending petitions with FCC concerning the Translator System. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to authorize payment to Fly, Shuebruk, Gaguine, Boros and Braun in the amount of $1,184.47 for professional services ren- dered in connection with the Translator System. Motion carried unanimously. Mr. Proby discussed the pending Federal jail liti- gation concerning Monroe County's jail and indicated that he was in receipt of a demand for payment for attorney's fees and that the County was responsible for that payment. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to authqrize payment to Steven Wisotsky in the amount of $7,625.00 for professional services rendered and $570.00 for costs in the case of Edmund Kite McIntyre, et al vs. William Freeman, et al with the funding to come from the County Attorney's Contingency. Motion carried una- nimously. Mr. Proby also discussed the current jail popula- tion and the need for the improvement of the third floor. Motion was made by Commissioner Puto and seconded by Commissioner Stormont to adopt the following Resolution approving the correction of scrivener's errors and omissions in the County's Land Development Regulations pursuant to Section 13-101(E) of those Regulations with regard to Trailer Ranch By The Sea. Motion carried unanimously. RESOLUTION NO. 381-1986 See Res. Book No. 55 which is incorporated herein by reference. Motion was made by Commissioner Lytton and seconded by Commissioner Puto to adopt the following Resolution directing the Planning Department to draft regulations relating to development on Spoil Islands in Key West Harbor. Motion carried unanimously. ~ RESOLUTION NO. 382-1986 See Res. Book No. 55 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to rescind Resolution No. 350-1986. Motion carried unanimously. Motion was then made by Commissioner Lytton and seconded by Commissioner Freeman to adopt the following Resolution rescinding Resolution No. 350-1986 and approving the correction of scrivener's errors and omissions in the County's Land Development Regulations pursuant to Section 13-101(E) of those Regulations with HH 044 I regard to Offshore Islands and Spoil Islands in the Key West Channel only. RESOLUTION NO. 383-1986 See Res. Book No. 55 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. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Mayor and Chairman of said Board to execute an Interlocal Agreement by and between Monroe County and Key Colony Beach for the purpose of integrating Key Colony Beach into the County's Peacetime Emergency Plan. RESOLUTION NO. 384-1986 See Res. Book No. 55 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. Motion was made by Mayor Hernandez and seconded by Commissioner Freeman to approve the advertisement of a Call For Bids for an Artificial Reef to be constructed off of Marathon. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution authorizing the filing of a Block Grant Application, directing the execution of the same by the proper County authorities, and recognizing the holding of two Public Hearings on the 18th of November, 1986 and the 2nd of December, 1986. Motion carried unanimously. RESOLUTION NO. 385-1986 See Res. Book No. 55 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to adopt the following Resolution prohi- biting parking on certain portions of MacDonald Avenue and Fifth Street on Stock Island1 and providing for posting. Motion carried unanimously. RESOLUTION NO. 385A-1986 See Res. Book No. 55 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to adopt the following HH 045 Resolution approving the request and recommendation of the Monroe County Library Board relating to the Estate of Margo Golan. Motion carried unanimously. RESOLUTION NO. 386-1986 See Res. Book No. 55 which is incorporated herein by reference. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to approve an Engagement Letter with Kemp & Rosasco for an audit of certain Tourist Development Council matters. Motion carried unanimously. COUNTY CLERK Danny L. Kolhage, Clerk, advised that he had distributed copies of the Special Audit Report done by the firm of Kemp & Rosasco on the theft at the Upper Keys Building Department. He advised the Board that the Audit Report indicates that the staff had done a good job in reco- vering the monies which had been stolen and that the only amounts which remain unrecoverable total approximately $1,800.00. He also indicated that it appears from the Audit Report that the internal control conditions which existed at the time and had led to the opportunity for the theft had been correccted. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to accept the Audit Report and apporove the bill from the firm of Kemp & Rosasco in the amount of $1,890.00. Motion carried unanimously. The Clerk advised the Board that he was in receipt of two bills for additional time from the Special Masters to the Property Appraisal Adjustment Board. Motion was made by Commissioner Freeman and seconded by Commissioner Puto to approve paYment to James Flenner in the amount of $225.00 and payment to Andrew Tobin in the amount of $375.00 for additional time in connection with their services as Special Masters to the Property Appraisal Adjustment Board. Motion carried unanimously. ITEMS FOR STAFF COMMENT Planning, Building ~ Zoning Robert Herman, Building Official, addressed the Board concerning the situation with a trailer on property owned by Arthur Mannes. Motion was made by Mayor Hernandez and seconded by Commissioner Lytton to authorize the tem- porary electrical connection for Lot #6 only in the trailer park owned by Mr. Mannes and advising Mr. Mannes and the occupants of the trailer that this is a temporary situation only and that he would have to comply with all of the requirements of the County Code. Motion carried unani- mously. There being no further business, the meeting was adjourned. * * * * *