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01/13/1999 Regular 99/1 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of county Commissioners Wednesday, January 13, 1999 Key West, Florida A Regular Meeting of the Monroe county Board of county Commissioners convened at 9:00 a.m., on the above date, at the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner George Neugent, Commis- sioner Mary Kay Reich, Commissioner Nora Williams, Commissioner shirley Freeman, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James T. Hendrick, County Attorney; James Roberts, County Administra- tor; county Staff, members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of all Additions, Correc- tions and Deletions to the Agenda. Motion carried unanimously. The Board commended the County Administrator on his 30th anniversary of County Government service. PRESENTATION OF AWARDS Presentation of a plaque to Audrey Allen, Respite Provider, Social Services Department for 20 years of service to Monroe County. Presentation of a Plaque to Patricia Kufnowski, Person- al Care Provider, Social Services Department for 15 years of service to Monroe County In Home Services. Presentation of Years of Service Award to Hubert Riley Williams, Jr., Heavy Equipment Operator, Roads & Bridges Depart- ment, Public Works Division. Presentation of Employee of the Month Award for October - 99/2 1998, to Terry Linderman, Administrative Assistant, Code Enforce- ment Department, Community Services Division. Presentation of Employee of the Month Award for the month of September 1998, to Al Brotons, Shift Supervisor, Emer- gency Medical Services Department, Division of Public Safety. BULK APPROVALS Motion was made by Commissioner Freeman and seconded by Commissioner Reich to approve the following items by unanimous consent: Board granted approval and authorized execution of a Consent to Lease Agreement between Monroe County and from Key Haven Associated Enterprises, Inc., to Dion Aviation Sales, Inc. Board granted approval and authorized execution of an Automated Teller Machine Agreement between Monroe County and First National Bank of the Florida Keys, to provide, maintain and operate an Automatic Teller Machine at the Key West International Airport. Board granted approval to rent space in the Marathon Airport Terminal Building, to be used as an office for the Legislative Aide to State Senator Daryl Jones, on a month-to- month basis, pending a lease agreement. Board granted approval to use the Marathon Airport for the 1999 Seafood Festival/Fly In on March 26-29, 1999. Board granted approval of two (2) "Sky Dive Marathon" events at the Marathon Airport in 1999 - February 13, 1999 and November 12-14, 1999. Board granted approval and authorized execution of a Purchase/Service Order between Monroe County and URS Greiner, Inc., to prepare design plans and specifications, and provide construction phase services, for taxiway lighting project at the Marathon Airport. Board granted approval and authorized execution of an Agreement between Monroe County and the Guidance Clinic of the Middle Keys, serving as the Community Transportation Coordinator for the State of Florida. - Board granted approval and authorized execution of an Application for Federal Assistance between Monroe County and the Federal Transit Administration, for financial assistance to ~ 99/3 purchase two transportation buses. Board granted approval and authorized execution of the 1999 Older Americans Act Contract, #KG-951, between Monroe County and the Alliance for Aging, Inc., for nutrition and in-home services. Board granted approval to accept a grant award from the Florida Learn & Service, K-12 Program, to provide funding for the establishment of a 4-H Florida Keys Youth Council. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $8,224.50 for the installation of Aids to Navigation ~nd Regula- tory Signage and Markers in Boot Key Harbor/Sister~ Creek, Marathon AND granted approval and authorized execution of a Contract between Monroe County and Spirit Marine Towing and Assistance, for the above named project. RESOLUTION NO. 001-1999 See Res. Book No. 141, which is incorporated herein by reference. ~ Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Redland Company, Inc., for an extension of time to complete the repair and/or replacement of channel markers in the Upper Keys. Board granted approval and authorized execution of Florida Department of Environmental Protection Agreement No. SWPP97-15 Amendment NO.1, for an extension of time until June 30, 1999 to complete existing channel marker repair/replacement projects. Board granted approval to rescind Board a~tion of October 21, 1998 (approval to renew the contract agreement with Windswept A/C & Appliances in an amount not to exceed $15,000.00 per year with no price increase) and granted approval and autho- rized execution of a Renewal Agreement between Monroe County and Windswept A/C & Appliances for central a/c repair of all Middle Keys facilities, in an amount not to exceed $15,210.00 per year, increasing the contract amount by the CPI - 1.4%, in accordance with Article 3.06B of the contract agreement. * Please Note: Aqenda Item D22, paqe 4 of Aqenda reflects incorrect amount of $15,000.00 and incorrect CPI of 1.6%. This will be corrected on the February Aqenda. Board granted approval and authorized execution of a ~ Renewal Agreement between Monroe County and Davis Water Analysis, Inc., for the operation and maintenance service contract of the Wastewater Treatment Facility located at the Monroe County -- ,- -- 99/3A Board granted approval and authorized execution of a Contract Agreement between Monroe County and the Redland Company, Inc. for the repair, replacement and/or the relocation of channel markers in the Lower Keys. ~ 99/4 Detention Center, in the amount of $152,900.04. Board accepted monthly report on Change Orders reviewed by the County Administrator. Board adopted the following Resolution accepting certain culvert easements within the Cudjoe Gardens Municipal Service Taxing District. RESOLUTION NO. 002-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval and authorized execution of a Contract between Monroe County and Toppino's, Inc., for construc- tion of culverts in Cudjoe Gardens Subdivision. Board granted approval and authorized execution of Change Order No. 1 to the Key Deer Paved Pathway contract between Monroe County and The Brewer Company of Florida, Inc., in the amount of $31,242.50 and increase in the contract time of 349 days. ~ Board adopted the following Resolution amending Resolution No. 355-1998 (Sch. Item 1). RESOLUTION NO. 003-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 2). RESOLUTION NO. 004-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution c0~cerning the Receipt of Unanticipated Funds (Sch. Item 3). RESOLUTION NO. 005-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 4). RESOLUTION NO. 006-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the ~ Transfer of Funds (Sch. Item 5). RESOLUTION NO. 007-1999 ~ 99/5 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 6). RESOLUTION NO. 008-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 7). RESOLUTION NO. 009-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 8). RESOLUTION NO. 010-1999 See Res. Book No. 141, which is incorporated herein by reference. ~ Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 9). RESOLUTION NO. 011-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 10). RESOLUTION NO. 012-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 11). RESOLUTION NO. 013-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 12). RESOLUTION NO. 014-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 13). r-- RESOLUTION NO. 015-1999 See Res. Book No. 141, which is incorporated herein by reference. ~ 99/6 Board granted approval to issue a Purchase Florida Fence Corp., in the amount of $60,600.00, to fencing at 16 county facilities that were damaged by Georges. Order to repair Hurricane Board granted approval and authorized execution of a Contract between Monroe county and The Guidance Clinic of the Middle Keys, for the implementation of the Keys to Recovery Program and adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 016-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. (Verbal Add-On #1) RESOLUTION NO. 017-1999 See Res. Book No. 141, which is incorporated herein by reference. ~ Board adopted the following Resolution amending Resolu- tion No. 139-1998. (Verbal Add-On #2) RESOLUTION NO. 018-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds. (Verbal Add-On #3) RESOLUTION NO. 019-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds. (Verbal Add-On #4) RESOLUTION NO. 020-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval of a Purchase Order for a Building Permit from the City of Key West for the Old Courthouse Renovation and Addition Project at Jackson Square. TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution concerning the Transfer of Funds. ~ RESOLUTION NO. 021-1999 See Res. Book No. 141, which is incorporated herein by reference. 99/7 Board granted approval to advertise a Request for Proposals for long distance telephone services. Board granted approval to advertise a Request for Proposals for sales representation services to promote tourism in Europe. Board granted approval to advertise a Request for Proposals for Telemarketing Disaster Recovery Services. Board granted approval and authorized execution of a Destination Funding Agreement between Monroe County and Keys Communication Group, Inc., covering Key West Theatre Festival '99, in an amount not to exceed $30,978.00, DAC I event resourc- es, FY 99. Board granted approval and authorized execution of a Destination Funding Agreement between Monroe County and Florida Keys Corvette Club covering the 6th Annual "Corvettes in Para- dise" on November 6, 1999, in an amount not to exceed $5,000.00 FY 99, DAC IV, Third Penny. - Board granted approval and authorized execution of a Turn Key Funding Agreement between Monroe County and Super Boat International Productions, Inc., covering Key West World Champi- onship Race on November 7-14, 1999, in an amount not to exceed $100,000.00, FY 99, DAC I, Third Penny. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Prange & O'Hearn, Inc., Marketing and Research Group, to exercise option to extend original agreement for additional two months to allow for re- search not obtained due to Acts of God, and exercise option to extend for one additional year commencing June 1, 1999 and terminating on May 31, 2000. Board granted approval and authorized execution of an Amendment to Interlocal Agreement For Grant of Funds between Monroe County and the city of Key West for the beach improvement and restoration project encompassing Higgs Beach, White Street pier and Smathers Beach, to add an additional $60,000.00, DAC I Beach Resources to the initial $500,000.00 and amend the original agreement to read "plus interest on appropriations", effective October 1, 1998. - Board granted approval and authorized execution of an Addendum to Agreement between Monroe county and smith Travel Research, Inc., to exercise a one year option effective January 1, 1999 and terminating on December 31, 1999. 99/8 CONSENT AGENDA/BULK APPROVALS Board granted approval of a transfer of three buildable lots to Monroe County by Warranty Deeds. Pursuant to Ordinance No. 16-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for the year ending July 13, 1999. 2 People Dedicating 3 Lots to Monroe County Permit Number Name on Aqenda Item Name on Warranty Deed Legal Description 98-1-1259 Mary Ellen Lyons Thomas & Caron Lt 2,Blk 2,palm Burgess Villa S/D,Big pine Key 98-1-1259 Mary Ellen Lyons Thomas & Caron Lt 27,Summerland Burgess Estates SID #1, Summer land Key - 98-1-1512 Luke Ackiss Luke Ackiss Lt 2,Blk 3,Pine Key Yacht Club Estates, Big pine Key Board granted approval for a transfer of three buildable lots to Monroe County by Warranty Deeds and one cove- nant restricting the property owner to having one dwelling unit on three contiguous lots. Pursuant to Ordinance No. 016-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for the year ending July 13, 1999. 1 Restrictive Covenant Permit Number Name on Aqenda Item Name on Deed Restriction Legal Description 98-1-0717 Robert & Annamaria Robert & Anna- Dickens maria Dickens Lots 33, 34 35,Blk 6, Ramrod Shores #3, Ramrod Key 3 Parties Dedicating 3 Lots to Monroe County Permit Number Name on Aqenda Item Name on Warranty Deed Legal Description - - 99/9 98-1-0871 Donald Kittsmiller Donald Kittsmiller Lt 2,Blk 4,port pine Heights, Big pine Key 98-1-0684 smith Barlowe Thomas & Caron Burgess Lt 1,Blk 2,palm Villa S/D,Big pine Key 98-1-0652 Joseph Limoges & Julia Panas Joseph Limoges & Julia Panas Lot 23,Blk 11, Palm Villa SID, Big pine Key Board granted approval and authorized execution of a Grant of Conservation Easement Agreement between Monroe County and Joseph and Betty Marchese for Harbor Course South, section 4, Lot 56, Block 8, Ocean Reef Plat #19, as recorded in PB 7, Page 54, Key Largo, Florida. ,- Board granted approval of a Flood Variance Application submitted by Jeff Kurkowski for a lateral attached 371 square foot garage and storage enclosure below base flood elevation for storage and parking only on property located on Lot 14, Block 2, Key Haven Second Addition, Raccoon Key. Board granted approval of a Flood Variance Application submitted by Paul Van Buren for a detached 1643 square foot multi car garage below base flood elevation for parking only, on property located on lots 4,5 and 27, Block 5, North Marathon Shores, Key Vaca. Board granted approval to terminate a contract between Monroe County and the Florida Department of Environmental Protec- tion, Contract #SWPP97-21, AND adopted the following Resolution authorizing the Director of Marine Resources to sign grant applications for projects approved by the Board and the Marine Facilities Survey related to Florida Keys Boater's Guide. RESOLUTION NO. 022-1999 See Res. Book No. 141, which is incorporated herein by reference. GROWTH MANAGEMENT DIVISION - Board granted approval and authorized execution of Amendment No. 1 to a contract between Monroe County and URS Greiner, Inc., (formerly URS Consultants, Inc.) for provision of transportation planning services funded under the Florida Depart- ment of Transportation-Monroe County Joint Participation Agree- ~ 99/10 mente Board granted approval of the Monroe County Stormwater Management Master Plan statement of Work AND granted approval to advertise a Request for Qualifications. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and the Looe Key Artificial Reef Association for monitoring the sunken ship Adolphus Busch 1. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of a Request for Expenditures from the Law Enforcement Trust Fund in the total amount of $1,300.00: $1,000.00 Fund the Domestic Abuse Shelter Yellow Dress Program. $ 300.00 Upper Keys Athletic Association to send 6 ~ soccer teams to a statewide tournament. COMMISSIONERS' ITEMS Board granted approval of Mayor Harvey's reappointment of Felix otero to the Housing Finance Authority Board. Board adopted the following Resolution in recognition of the late Mel Fisher. RESOLUTION NO. 023-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval of Commissioner Freeman's reappointment of Kathleen Stupek to the Commission on the Status of Women. Board granted approval of Commissioner Freeman's reappointment of Thomas A. Stevens to the Monroe County Housing Finance Authority. ~ Board adopted the following Resolution in support of the Monroe County District Schools request for state assistance in the recovery process from three Presidential Declarations of Natural Disasters in 1998. RESOLUTION NO. 024-1999 ~ 99/11 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval of Commissioner williams' ap- pointment of William Plummer to the Local citizens Task Force to fulfill the term of David Makepeace. Term to expire 8/19/99. Board adopted the following Resolution in recognition of the late Eva Plowman Navarro. RESOLUTION NO. 025-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval of Commissioner williams' ap- pointment of Alexa Wheeler to the Tourist Development Council. COUNTY ADMINISTRATOR Board granted approval of a request by the United States Board on Geographic Names to change the name of Shark Valley Slough to Shark River Slough. ~ Board granted approval of the appointments/reappoint- ments of Mayor Harvey, Commissioner Freeman, Commissioner Neugent, Commissioner Reich and Commissioner williams to the Industrial Development Authority. Board granted approval of the appointments of Gail Martell and Edward Sherman to the Department of Children and Families Health and Human Services Board to fulfill two vacancies on the Board. COUNTY CLERK PINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COURT REPORTER SERVICES, Amy Landry, in the amount of $112.50; Associated Court Reporters, in the amount of $1,912.50; County Reporting, in the amount of $194.75; Florida Keys Report- ing, in the amount of $1,610.30; Linda Colucci, in the amount of $1,491.75; Suzanne Ex, in the amount of $809.75; Walker & Assoc., in the amount of $2,400.00; Vicky Lynn Doty, in the amount of $634.50. ---- COURT INTERPRETER, AT&T Language Line Services, in the amount of $304.10; Claudia Hancock, in the amount of $145.00; ~ 99/12 Estrella Garcia, in the amount of $556.52; Jiri Dolezal, in the amount of $25.00; Mayda Maloney, in the amount of $362.10; sergio Alverez, in the amount of $397.26; William Waddell, in the amount of $490.00; Mario Baldatti, in the amount of $130.00. OTHER CIRCUIT COURT COSTS, Rolando Castineyra, in the amount of $98.90; State of Florida, in the amount of $269.55; Mark B. Hartig, in the amount of $44.86; Johnathon Ellsworth, in the amount of $545.46. COURT APPOINTED ATTORNEYS FEES, Timothy Nicholas Thomes, in the amount of $638.18; Ben Harrison, in the amount of $11.73; Christopher Meyer, in the amount of $360.00; Cunningham, Albritton, Miller, Hefferman, in the amount of $350.00; Thomas Linday, in the amount of $25.00; Mary Ann Dutton, in the amount of $7,527.75; Mark J. Simms, in the amount of $2,350.00; Roberta Fine, in the amount of $2,873.44. COMPETENCY EVALUATION, James Holbrook, in the amount of $350.00; Leslie Morgan, in the amount of $450.00. ~ WITNESS COORDINATION, witness Travel & Per Diem, in the amount of $21,072.32. COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), #002019-003755, in the amount of $16,391,061.11 Board approved the County Commission Meeting Minutes of November 12, 1998. Board adopted the following Resolution designating the Courthouse Annex Building at 500 Whitehead Street, Key West, as the temporary courthouse for the posting of statutorily required notices while the old courthouse at 500 Whitehead Street is undergoing construction. RESOLUTION NO. 026-1999 See Res. Book No. 141, which is incorporated herein by reference. ---- Board granted approval to remove surplus items from inventory and advertise for bids or dispose. Said list is incorporated herein by reference. ---- 99/13 COUNTY ATTORNEY Board granted approval and authorized execution of a Quitclaim Deed to eliminate cloud on title of Ronald R. Gagliano to 81.3 sq. ft. parcel abutting Key West Library in consideration of payment to County of $813.00. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS commissioner Williams discussed with the Board the approval to remove surplus items from inventory and advertise for bids or dispose. Said schedule is incorporated herein by refer- ence. This item was continued to later in the day. ~ Mayor Harvey discussed with the Board approval of the recommendation made by the Monroe Council of the Arts to procure art work for the Key West International Airport. community services Director Peter Horton and Executive Director of the Monroe Council of the Arts Monica Haskell addressed the Board. This item was continued to later in the day. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution denyinq Recommended Order of Beneficial Use which approved the application of Galleon Bay Corporation. County Attorney James T. Hendrick addressed the Board. The Board accepted public input with the following individuals addressing the Board: Snell Putney and Alicia Putney. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Reich to continue the Public Hearing to the April 14, 1999 Board of County Commissioner's Meeting at 10:30 A.M. scheduled to be held at the Harvey Government Center at Historic Truman School in Key West, with the condition that the applicant provide full copies of the transcript no later than thirty (30) days prior to the above proceedings. Roll call vote was unanimous. ~ A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Vested Rights Determination promulgated by the Vested Rights Hearing Officer, IN RE: The application of Rudy and Roseanne Krause. There was no public input. County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to continue the Public Hearing to the April 14, 1999 Board of County Commissioner's ~ 99/14 ~ Meeting at 10:30 A.M. scheduled to be held at the Harvey Govern- ment Center at Historic Truman School in Key West, with proper notice to all parties. Roll call vote was unanimous. A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Vested Rights Determination promulgated by the Vested Rights Hearing Officer, IN RE: The application of Charles, Jr. and Susan Peabody. There was no public input. Motion was made by Commis- sioner Williams and seconded by Commissioner Neugent to continue the Public Hearing to the April 14, 1999 Board of County Commissioner's Meeting at 10:30 A.M. scheduled to be held at the Harvey Government Center at Historic Truman School in Key West, with proper notice to all parties. Roll call vote was unanimous. A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Vested Rights Beneficial Use Determination promulgated by the Special Master, IN RE: The application of James W. Davidson and W. Gregory Robertson. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Wil- liams to adopt the following Resolution. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. RESOLUTION NO. 027-1999 See Res. Book No. 141 which is incorporated herein by reference A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the special Master, IN RE: The application of Herbert T. and Christine W. Pontine The Board accepted public input with the following individual addressing the Board: H. T. Pontin. Motion was made by Commis- sioner Reich to not approve the Resolution. Motion died for lack of a second. Motion was made by Commissioner Neugent and second- ed by Commissioner Freeman to adopt the following Resolution. Roll call vote was taken with the following results: ~ commissioner Freeman Commissioner Neugent Commissioner Reich Commissioner Williams Yes Yes No Yes ~ 99/15 Mayor Harvey No Motion carried. ~ RESOLUTION NO. 028-1999 See Res. Book No. 141 which is incorporated herein by reference. A Public Hearing was held concerning adoption of the following Ordinance creating a Boating Restricted Area (slow speed/minimum wake zone) for Cow Key Channel South, located between US1 and Riviera Canal; Providing for definitions, Provid- ing that Monroe County agrees to hold the Florida Department of Environmental Protection harmless from any liability incurred from the negligent posting of boating restricted markers; Provid- ing for penalties for violations; Providing for exemptions; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted public input with the follow- ing individual addressing the Board: H. T. Pontine County Attorney James T. Hendrick addressed the Board. After discus- sion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey Yes Motion carried. ORDINANCE NO. 001-1999 See Ord. Book No. 50 which is incorporated herein by reference. ~ The second of two Public Hearings were held concerning adoption of an Ordinance enacting a moratorium for a period of eight months from the adoption date of this Ordinance on the approval of applications for new free-standing wireless communications towers (including self-supporting,guyed & monopole) and any modifications which would increase the overall height of an existing free-standing wireless communications tower (including self-supporting, guyed, & monopole). The Board accepted public input with the following individuals addressing the Board: Vicki Minard, Esq., representing Nextel South Corpo- ration; Linda Yorde, Margaret Sprague, and Mark Baker, represent- ing Industrial Communicators. Acting Growth Management Director Tim McGarry and County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Freeman and seconded by - 99/16 Commissioner williams to adopt the following Ordinance. call vote was unanimous. Roll - ORDINANCE NO. 002-1999 See Ord. Book No. 50 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance creating the Big Coppitt area sewage collection Munici- pal Service Benefit unit (MSBU); Providing that the MSBU includes Rockland Key, Big Coppitt Key, Geiger Key, and real property abutting Boca Chica Road; Providing that the MSBU governing body is the Monroe county Board of County Commissioners; Providing for the governing body's powers and duties; Providing for the levy of non-ad valorem assessments for sewage infrastructure construction if the assessments are approved by the MSBU electorate voting in a referendum called to approve or disapprove such assessments; Providing for the duties of the County Administrator and Clerk of the Circuit Court with regard to the MSBU; Providing for sever- ability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted public input with the following individual addressing the Board: D. Munn. County Administrator James Roberts and County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Neugent and seconded by Mayor Harvey to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 003-1999 See Ord. Book No. 50 which is incorporated herein by reference. - A Public Hearing was held concerning adoption of an Ordinance amending section 15.5-19, Monroe county Code, by providing an exemption of limited duration for property owners from the enforcement proceedings of section 15.5-19, MCC when the location of the property owner's on-site sewage treatment and disposal system (OSTDS) is included within an area approved by referendum for the construction of centralized sewer service, a special district has been created for such purpose; or bonds sold or contracts entered into for such purpose; Providing for sever- ability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted public input with the following individual addressing the Board: D. Munn. Motion was made by Commissioner Freeman and seconded by Commissioner williams to adopt the Ordinance without the optional section. After discussion, motion was withdrawn. Motion was then made by Commissioner Freeman and seconded by Commissioner williams to continue the Public Hearing to later in the afternoon. Motion carried unanimously. - 99/17 A Public Hearing was held concerning adoption of an Ordinance providing for a procedure and criteria governing Change Orders to contracts for the construction of capital improvements; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. County Administrator James Roberts addressed the Board. Motion was made by Commis- sioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 004-1999 See Ord. Book No. 50 which is incorporated herein by reference. COMMISSIONERS' ITEMS Major Ted Pruitt of the Army Corps of Engineers made a presentation to the Board regarding the carrying Capacity Study. The Board took no official action. ,- MISCELLANEOUS BULK APPROVAL Sheila Chamberlain, Legislative Aide to State Senator Daryl Jones addressed the Board concerning approval to rent space in the Marathon Airport Terminal Building, on a month to month basis, pending a lease agreement. Ms. Chamberlain expressed her thanks to the Board. DIVISION OF COMMUNITY SERVICES Community Services Director Peter Horton addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval to waive formal bidding procedures to construct a facility for the National Weather Service at the Key West International Airport. Roll call vote was unanimous. DIVISION OF MANAGEMENT SERVICES - County Administrator James Roberts, Jeffrey P. Angello, Area President of Arthur J. Gallagher & Co. - Boca Raton, and Human Resources Director, Sheila Barker discussed with the Board approval to change the eligibility for group health insurance for group health program benefits for retirees, to lower the number of years of exposure and lower outstanding liability for the County. The fOllowing individuals addressed the Board: Susan - 99/18 Hawxhurst, Phyllis Pita, Mary Tucker, Judi Angels, and Kay Gissendaner. After discussion, motion was made by Mayor Harvey to have the County Commission appoint two (2) employees each to a committee to review the proposed changes to retiree benefits. During discussion, the motion was withdrawn. County Attorney James T. Hendrick addressed the Board. Motion was then made by Commissioner williams and seconded by Mayor Harvey to proceed with a committee representing employee interests composed of the Policies and Procedures Committee with the addition of an ap- pointment of an employee or a retired employee from each Commis- sioner; appointment of an employee from each County Constitu- tional Office, and appointment of an employee from the Mosquito Control District to examine the alternative that has been provid- ed by the County or come up with an acceptable alternative within ninety (90) days. Roll call vote was unanimous. COMMISSIONERS' ITEMS -- Lynn Mapes, Vice Chair of the Monroe County Planning commission discussed with the Board a proposal from the Planning Commission to introduce a deadline for submission of evidence, or other materials, before any County Board. The Board took no official action. COUNTY ADMINISTRATOR county Administrator James Roberts informed the Board that due to the length of today's meeting, the Board would have to meet tomorrow, Thursday, January 14, 1999 and that the follow- ing items would have to be continued: I - 4. K - 1, 2, 4, 5, 6, 7, 9, 11. L - 1, 2, 3. 0 - 1 , 2. Q - 1, 3, 5, 6, 8. S - 1, 2, 3. MISCELLANEOUS BULK APPROVALS -- Dona Meritt, Board member of the Florida Keys Historic Board addressed the Board. Motion was made by Commissioner - 99/19 Freeman and seconded by Commissioner Williams granting approval and authorizing execution of a Contract between Monroe County and the Historic Florida Keys Foundation, Inc. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey Yes Motion carried. COMMISSIONERS' ITEMS - June Helbling, representing the Overseas Heritage Trail, Forest Michael, Jeff Ciabotti, Ken Bryan, Dennis Beaver; and Pete Mallison, Chair of the Old Keys Bridges Task Force and representing the Department of Environmental Protection, discussed with the Board approval of a Resolution endorsing the conceptual design of the first phase of the Florida Keys Overseas Highway Bike and Pedestrian Trail. Acting Growth Management Director Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner williams to adopt the following Resolution and request Staff to acquire someone to work with the Old Keys Bridges Task Force in order to move forward with the Master Plan. Roll call vote was unanimous. RESOLUTION NO. 029-1999 See Res. Book No. 141 which is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution to consider a Budget Amendment to the cudjoe Gardens Municipal Service Culvert District - Fund #154. John Carter, Senior Director - Office of Management & Budget addressed the Board. There was no public input. Motion carried unanimously. - RESOLUTION NO. 030-1999 See Res. Book No. 141 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution to consider a Budget Amendment to the Jolly Roger municipal Service Culvert District #155. There was no public input. John Carter, Senior Director - Office of Management & Budget addressed the Board. Motion was made by Commissioner -- .- -- 99/20 Freeman and seconded by Commissioner Neugent to adopt the follow- ing Resolution. Motion carried unanimously. RESOLUTION NO. 031-1999 See Res. Book No. 141 which is incorporated herein by reference. The second of two Public Hearings were held concerning adoption of an Ordinance approvinq an amendment to the Future Traffic Circulation Map of the Monroe Countv 2010 ComDrehensive Plan from two lanes to three lanes for the segment of u.s. Highway One (a.k.a. State Road 5) through Big Coppitt Key, Flori- da; Providing for severability; Providing for a remedy for conflict; and Providing for an effective date. Acting Growth Management Director Tim McGarry and County Administrator James Roberts addressed the Board. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the fOllowing Ordinance. Motion carried unani- mously. ORDINANCE NO. 004-1999 See Ord. Book No. 50 which is incorporated herein by reference. The second of two Public Hearings were held concerning adoption of an Ordinance approvinq an amendment to Policy 301.7.3 of the Monroe County Year 2010 ComDrehensive Plan in order to allow two lane segments of u.s. Highway One to be widened to three lanes for the addition of a continuous two-way turn lane when a demonstrated public safety risk; Providing for severabili- ty; Providing for a remedy for conflict; and providing for an effective date. There was no public input. Acting Growth Management Director Tim McGarry addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Ordinance, as amended. Said amendment as follows: Page 2 of 3, section 1. Policy 301.7.3 Add the words "if the third lane has been demonstrated to be the safest alternative" at the end of the second sentence in the section. Motion carried unanimously. ORDINANCE NO. 005-1999 See Ord. Book No. 50 which is incorporated herein by reference. The Second of two Public Hearings were held concerning adoption of an Ordinance approvinq an amendment to Policies 101.4.1, 101.4.2, 101.4.3, and 101.4.4 of the Monroe County Year 2010 ComDrehensive Plan to allow certain lawfully existing nonresidential uses in residential future land use categories. Acting Growth Management Director Tim McGarry addressed the ~ 99/21 Board. The Board accepted public input with the following individual addressing the Board: Department of Community Affairs Planning Manager for the Florida Keys, Mike Desparte. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Freeman to continue the Public Hearing to tomorrow's meeting (Thursday, January 14, 1999 at 11:30 A.M.) Motion carried unanimously. ~ The second of two Public Hearings were held concerning adoption of an Ordinance amending the residential permit alloca- tion system provision of the Monroe County Year 2010 Comprehensive Plan. including Policy 101.2.4 on the twenty percent set-aside affordable housing allocations; The point criteria related to land dedication, energy conservation and structural integrity portions of policy 101.5.4; and establishing an effective date. Acting Growth Management Director Tim McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Sheila Chamberlain, Legislative Aide to State Senator Daryl Jones; Department of Community Affairs Planning Manager for the Florida Keys, Mike Desparte; and Attorney Nicholas Mulick addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Mayor Harvey to continue the Public Hearing to the Key Largo meeting scheduled for February 10, 1999 at 5:05 P.M. Roll call vote was unanimous. A Public Hearing was held concerning adoption of an Ordinance amending policies 601.1.7 and 601.1.11 of the Year 2010 Comprehensive Plan related to eligibility for affordable housing incentives and maintaining housing which has received county incentives as affordable and establishing an effective date for this Ordinance to take effect. Acting Growth Management Director Tim McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Sheila Chamberlain, Legislative Aide to State Senator Daryl Jones and Attorney Nicholas Kulick addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to continue the Public Hearing to the Key Largo meeting scheduled for February 10, 1999 at 5:05 P.M. Roll call vote was unanimous. ~ A Public Hearing was held concerning adoption of an Ordinance amending the Monroe County Year 2010 Comprehensive Plan, Policies 202.8.2, 203.1.3, 203.2.1, 203.2.2, 204.2.1, 204.2.2, 204.2.3, 204.2.6, 212.2.3, 212.5.5, and 212.5.6 regard- ing the construction of docks; the location of mooring sites; Dredging; the placement of structures in wetlands; shoreline stabilization projects; beach renourishment; and development within wetland and shoreline setbacks; Providing for severabili- ty; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code - 99/22 of Ordinances; and providing an effective date. Environmental Resources Director Ross Alliston addressed the Board. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Ordi- nance. Roll call vote was unanimous. - ORDINANCE NO. 006-1999 See Ord. Book No. 50 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance approvinq the request by Marilyn and Ginger Henderson to change the Future Land Use Map of the Monroe County Year 2010 ComDrehensive Plan from Residential Medium (RM) to Residential High (RH) for property described as part of Parcels 5-G and 6A of Sombrero properties, Boot Key, located in Section 15, Township 66 South, Range 32 East, Monroe County, Florida, at approximately mile marker 50, and having the real estate number 355300. Acting Growth Management Director Tim McGarry addressed the Board. The Board requested public input with the following individual addressing the Board: Attorney Nicholas Mulick addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 007-1999 See Ord. Book No. 50 which is incorporated herein by reference. Motion was made by Commissioner Reich and seconded by Commissioner williams to adopt the following Ordinance approvinq the request by Marilyn and Ginger Henderson to change the Land Use District Map from Improved Subdivision (IS) to Improved SUbdivision-Duplex (IS-D) for property described as part of Parcels 5-G and 6A of Sombrero Properties, Boot Key, Located in section 15, Township 66 South, Range 32 East, Monroe County, Florida, at approximately mile marker 50, and having the real estate number 355300. Roll call vote was unanimous. ORDINANCE NO. 008-1999 See Ord. Book No. 50 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Public Works Director Dent pierce discussed with the Board the consideration of an agreement between Monroe County and Key West Kritter Patrol, Inc. to have animals spayed or neutered by lower keys veterinarians prior to being made available to the - public. Dr. Gwen Hawtof addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commission- er Williams granting approval and authorizing execution of the - 99/23 Spay/Neuter Program Agreement, as amended. Said amendment as follows: Page 2, 4) Change the words "is continuing" to "shall be one (1) year)" in the first sentence of the paragraph. The Board also adopted the following Resolution amending Resolu- tion No. 209A-1995 in order to provide that when the county contracts with a nonprofit animal care organization to perform spay/neuter operations, then the amount paid to such organization for the operations may be added to the adoption fee. Roll call vote was unanimous. RESOLUTION NO. 032-1999 See Res. Book No. 141 which is incorporated herein by reference. Architect Jose Gonzalez updated the Board on work being performed at the Jackson Square Complex. The Board took no official action. There being no further business to come before the Board, the meeting was adjourned. - Clerk to the Board of County Commissioners of Monroe County I~~e~~t~~~ Deputy Clerk -