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02/10/1999 Regular ~ 99/35 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COKKISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 10, 1999 Key Largo, Florida A Regular Meeting of the Monroe County Board of county Commissioners convened at 10:00 a.m., on the above date, at the Key Largo Library. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams, and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James T. Hendrick, County Attorney; James Roberts, county Administrator; County Staff, members of the Press and Radio; and the general public. ~ All stood for the Invocation and Pledge of Allegiance. PRESENTATION OF AWARDS A certificate of Recognition from the Women Veterans Organizations, Inc. was presented to Commissioner Mary Kay Reich for her major contributions and continued support to all military service. A Mayor's Proclamation was made proclaiming the week of February 7 thru 13, 1999, as Boy Scouts of America Anniversary Week. A Presentation of a retirement award was given to Kay Gissandaner, Social Worker/Supervisor, Social Services Department, Community Services Division. A Mayor's Proclamation was made in support of Emergency Planning and Community Right-To-Know Awareness Week. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by .~ Commissioner Freeman granting approval of the following items by unanimous consent: - 99/36 Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Animal Disposal & Private Cremations for mass disposal of animal carcasses, in the amount of $6.01 per carcass/$7.76 for pigs and goats, (CPI increase of 1.6% over previous year's agreement). Board granted approval to correct "Agenda Item Wording" for Item D-22 on the printed agenda from the January 13, 1999 meeting, to correct the contract amount to reflect $15,210.00 per year and CPI increase to reflect 1.4% due to scriveners error. Board granted approval and authorized execution of a Contract Amendment between Monroe County and L & N Dependable Janitorial, Inc., for janitorial service in the Marathon Area to include the County Commission District II Office located at 25 Ships Way, Big pine Key, increasing the contract amount $125.00 per month. Board granted approval to advertise for bids for emergency generator inspections and electrical repairs contract. - Board granted approval of Award of Bid and authorized execution of a Contract between Monroe County and Dion oil Company for gasoline and diesel fuel. Board granted approval to purchase computer software; including technical support, maintenance agreement, and necessary hardware; for Solid Waste Management Billing Office and Transfer Stations from Carolina Software and Dell Computer. Board granted approval to rescind Letter of Intent with BellSouth Telecommunications, Inc., and Sprint-Florida, Inc., and granted approval and authorized execution of a new Letter of Intent between Monroe county and BellSouth Telecommunications, Inc., to implement the Enhanced 9-1-1 Emergency Telephone System for Monroe County. Board granted approval and authorized execution of an Agreement between Monroe County and ASAP, Inc., for the emergency removal of Derelict Vessel DV03A2689, located oceanside of Long Key Park. - Board granted approval and authorized execution of a Referral Agreement between Monroe County/Monroe County In-Home Services and Staff Builders, Inc., to promote the development of a coordinated service delivery system to meet the needs of the aged or disabled adults who are at risk of premature institutionalization. - 99/37 Board granted approval and authorized execution of Amendment 001 to 1998-99 USDA Rate Agreement (Contract #US-951) between Monroe county and the Alliance for Aging, Inc. The purpose of this Amendment is to set the total amount of USDA funds under contract, as well as the maximum number of meals the provider will be reimbursed for, under the terms of this contract. Board granted approval and authorized execution of an Addendum to Agreement between Monroe county and Buccaneer courier, for courier service, exercising the last renewal option, Section 8, of the current contract. Board granted approval of the revised Monroe County Board of County Commissioners purchasinq Policy. Board adopted the following Resolution amending Resolution No. 481-1998 (Sch. Item 1). RESOLUTION NO. 040-1999 See Res. Book No. 141, which is incorporated herein by reference. -- Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 2). RESOLUTION NO. 041-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 3). RESOLUTION NO. 042-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 4). RESOLUTION NO. 043-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 5). RESOLUTION NO. 044-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the _. Receipt of Unanticipated Funds (Sch. Item 6). RESOLUTION NO. 045-1999 - 99/38 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. 046-1999 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. 047-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 9). RESOLUTION NO. 048-1999 See Res. Book No. 141, which is incorporated herein by reference. .- Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 10). RESOLUTION NO. 049-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 14). RESOLUTION NO. 050 -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 15). RESOLUTION NO. 051-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 18). RESOLUTION NO. 052-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 19A). __ RESOLUTION NO. 053-1999 See Res. Book No. 141, which is incorporated herein by reference. ~ 99/39 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 19B). RESOLUTION NO. 054-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval of a request to spend impact fees to upgrade the sewage treatment system, add lighting and an ADA restroom for Veterans Park. Board granted approval of a request to spend impact fees for the development Little League baseball fields, soccer field, basketball/roller hockey, tennis courts, volleyball, horseshoes, handball, playground, fitness track, bicycle/pedestrian path, restrooms, irrigation, landscaping and parking at Key Largo community Park. Board granted approval of a request to spend impact fees for fill, sod, irrigation and landscaping of Wilhelmina Harvey Childrens Park. ~ Board granted approval of a request to spend impact fees for the purchase of books, reference materials, etc., for the library system. Board grant approval of a request to spend impact fees to purchase equipment to automate the library system. Board granted approval and authorized execution of a contract between Monroe County and the Rural Health Network that provides funding to the agency for the purchase of a medi-van. Board granted approval to advertise for excess coverage for the Workers' Compensation Program and explore alternate funding mechanisms. Board granted approval to advertise for bids for Third Party Administrator for the Monroe County Workers' Compensation Program. Board granted approval to waive purchase policies and procedures, and to proceed with an informal bid process for the emergency repairs to the roofs at the Key West International Airport Terminal and Annex. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add On 1). ~ RESOLUTION NO. 055-1999 See Res. Book No. 141, which is incorporated herein by reference. - 99/40 Board adopted the following Resolution amending Resolution No. 478-1998 (Verbal Add On 2). RESOLUTION NO. 056-1999 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. 057-1999 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. 058-1999 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 7). - RESOLUTION NO. 059-1999 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 8). RESOLUTION NO. 060-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add On 9). RESOLUTION NO. 061-1999 See Res. Book No. 141, which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Keys Association of Dive Operators to amend Exhibit A of the agreement to allow for a new Dive Umbrella Recommendation Committee. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Fin & Feather Bash covering the "Taste of the Keys" Fin & Feather Bash on August 21, - 1999, in an amount not to exceed $4,866.00, FY 99, Two Penny, allocated under the Cultural Umbrella. - 99/41 Board granted approval to rescind a funding agreement between Monroe County and the Lower Keys Chamber of Commerce covering the 5th Annual Historic Seacraft Race & Festival on September 4, 1999, in the amount of $4,500.00, FY 99, Two Penny, allocated under the Cultural Umbrella. Board granted approval of the finding of fact of the Florida Keys Fishing Tournament, Inc., as a sole source provider for the TDC Fishing Umbrella. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Global Audience Providers, Inc., to provide for assignment of all terms, obligations and responsibilities within the Global Audience Providers, Inc., Agreement to FloridaKeys.com, a Thomson Company, until termination of the Agreement on September 30, 2000. .-. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Starfire Unlimited, Inc., covering the production of WomenFest Key West on September 6-12, 1999, in an amount not to exceed $25,000.00, FY 99, Two Penny, allocated under the Cultural Umbrella. CONSENT AGENDA/BULK APPROVALS Board granted approval for a transfer of two 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 2 Lots to Monroe County Permit Number DescriDtion Name on Aaenda Item Name on Legal Warranty Deed 98-1-1267 James & Elizabeth Petersen James & Elizabeth Petersen Lot 1, Blk 18, Palm Villa SID, pine Key Big 98-1-0484 Vallie & Warren Werling Vallie & Warren Werling Lot 1, Blk 47, Sands SID Big pine Key __ Board granted approval of a request by the Monroe County Public Works Division for a floodplain variance for a 1,228 square foot storage garage located in Key Largo community - 99/42 Park on property situated on Lots 312 through 381 Port Largo 4th Addition, Key Largo. Board adopted the following Resolution approving the assignment of the Retainer Agreement with the law firm of Apgar & Pelham to Robert C. Apgar. RESOLUTION NO. 062-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval for a transfer of one buildable lot to Monroe County by Warranty Deed. Pursuant to Ordinance No. 16-1992, the document has been filed by the applicant receiving a dwelling unit allocation award for the year ending July 13, 1999. 1 Person Dedicating 1 Lot to Monroe County Permit Number Name on Aaenda Item Legal DescriDtion Name on Warranty Deed 98-1-0375 Jim & Ruth Jacobs Jim & Ruth Jacobs Lot 3, Blk 7, Palm Villa S/D,Big Pine Key - MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund, in the total amount of $166,880.29. $14,619.00 $ 5,000.00 $52,780.00 $ 2,527.10 - Support the Big Pine Key Athletic Association on a range of projects. Mel Fisher Maritime Heritage Society, Inc., to pay the cost for at-risk children to participate in the Society's Discovery Science Club Program. Cost of leasing and insuring vehicles for use by investigators involved in long-term undercover investigation of narcotics distribution in our county. Providing commemorative t-shirts to approximately 600 youth participating in the 1999 South Florida HIDTA Youth Challenge Camp. - $ 5,000.00 $ 1,119.96 $33,000.00 $ 3,100.00 $ 5,000.00 $31,734.23 .- $15,000.00 99/43 Key West Goal Club, Inc., help defray travel costs for the Key West Lady Conch Soccer Team to travel to district, regional and state championships. Purchase video security system equipment to be shared by School Resource Officers. Acquire a second CD-ROM server and tower to serve our law library. Acquire our County Code on CD-ROM from the current publisher. Florida Keys Rural Health Network to purchase specially designed car seats for special needs children. Furnish a wide variety of technical equipment to our SWAT teams. Fund the final phase of the jail door control project. MONROE COUNTY JUDICIAL SERVICES Board granted approval and authorized execution of an Article V Trust Fund Grant-in-Aid Agreement between Monroe County and the Office of the State Courts Administrator, for costs incurred under Article V of the Florida Constitution. COMMISSIONERS' ITEMS Board granted approval of Commissioner Neugent's reappointment of Henry Bikofsky to the Older American Advisory Board, with the term to expire January, 2000. Board granted approval of Commissioner Neugent's reappointment of Juanita LeBaron to the Monroe County Housing Finance Authority with the term to expire February 21, 2003. Board granted approval of Commissioner Neugent's appointment of David Makepeace to the Local Citizens Task Force to fulfill the term of Jerry POlverino, with the term to expire August 19, 1999. - Board granted approval of Commissioner Williams' appointment of Dr. Robert Williams to the Older American Advisory - 99/44 Board. COUNTY ADMINISTRATOR Board granted approval of the reappointment of Pino Moro, Dennis Kulig and Bruce Frank to the Duck Key Security Advisory Board. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: - COURT REPORTER SERVICES, Amy Landry, in the amount of $157.50; Associated Court Reporters, in the amount of $899.70; Edmee Pratts Court Reporting, in the amount of $25.00; Florida Keys Reporting, in the amount of $1,035.50; Kathleen Fegers, in the amount of $30.00; Mastroianni & Formaroli, in the amount of $519.50; Nancy J. Maleske, in the amount of $42.50; Narup Vouvakis Assoc., in the amount of $110.25; Suzanne Ex, in the amount of $1,037.75; Vicky Lynn Doty, in the amount of $1,314.00; Wendy L. Mcgarry, in the amount of $311.00. COURT INTERPRETER, Alex Diaz, in the amount of $715.00; Estrella Garcia, in the amount of $610.00; Ghislaine Mangrella, in the amount of $40.00; Graced Krulasik, in the amount of $25.00; Jenine Ouilette, in the amount of $130.00; Jiri Dolezal, in the amount of $25.00; Loan Fernandez, in the amount of $30.00; Mayda Maloney, in the amount of $395.00; Sergio Alverez, in the amount of $495.00; William Waddell, in the amount of $255.00. OTHER CIRCUIT COURT COSTS, Consumer Product, in the amount of $775.00; Key West Travel, in the amount of $175.00; James Nolan, in the amount of $62.50; Avis Rent-A-Car, in the amount of $55.41; Richard Wunsch, in the amount of $333.22; Key West Police Department, in the amount of $44.00; Patricia Docherty, in the amount of $11.11. COURT APPOINTED ATTORNEYS FEES, victoria McFadyen, in the amount of $1,002.50; Steven S. Isherwood, in the amount of $375.00; David J. AUdlin, Jr., in the amount of $525.00; Jason R. Smith, in the amount of $2,920.00; Scott A. Shapiro, in the amount of $832.50; Christopher Meyer, in the amount of $1,507.50; - Charles M. Milligan, in the amount of $187.50; Cunningham, Albritton, Miller, Heffernan, in the amount of $367.50; Candida Cobb, in the amount of $350.00. - 99/45 EXPERT WITNESS, John A. Spencer, Ph.D., in the amount of $375.00. COMPETENCY EVALUATION, Guillermo Marcovici, in the amount of $2,812.50; Care Center for Mental Health, in the amount of $450.00; Thomas Hibberd, in the amount of $2,450.00; Guidance Clinic, in the amount of $200.00. WITNESS COORDINATION, Witness Travel & Per Diem, in the amount of $14,030.27. SHERIFF EXTRADITION, Richard D. Roth, in the amount of $669.56 Board approved the following Warrants: GENERAL REVENUE FUND (001), #003756-#005283, in the amount of $22,102,318.80. Board approved the County Commission Meeting Minutes of December 9, 1998. .- Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 063-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 064-1999 See Res. Book No. 141, which is incorporated herein by reference. COUNTY ATTORNEY Board granted approval to advertise an Ordinance amending Monroe County Code, Section 6-56, Specialty Contractors, Paragraph (3), to include certain asphalt repairs; 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. Board adopted the fOllowing Resolution setting the date, time and place for a Public Hearing concerning the proposed - abandonment of a portion of Flagler Street, Grassy Key. RESOLUTION NO. 065-1999 ~ 99/46 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval and authorized execution of an Addendum to Interlocal Agreement between Monroe County and Islamorada, Village of Islands, setting a new date to use as the guideline for different activities to take place. * This item is reconsidered at tomorrow's meeting (2/11/99) and approved as amended. See minutes page 99/63. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS ~ Tom Garretson, President of the Humane Animal Care Coalition, Inc. addressed the Board concerning approval of the renewal agreement with Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal Shelter in the amount of $184,343.04 per year (1.6% CPI increase over last year's contract amount of $181,440) and authorization for the Mayor to execute same. Public Works Director Dent pierce and County Administrator James Roberts discussed the item with the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of the renewal agreement in the amount of $184,343.04; and that the request for additional funding in the amount of $9,246.25 to cover Monroe County insurance requirements and Florida State Animal Control certification requirements come back before the Board at a later time. After discussion, the motion was withdrawn. Motion was then made by Commissioner williams and seconded by Commissioner Freeman granting approval of the renewal agreement in the amount of $184,343.04 plus $2,734 for animal control officer training and certification. 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. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a ~ Resolution renouncing and disclaiming any right of the County and the Public in and to a portion of Ocean Drive Road, Palma Sola. Key Largo, Florida. County Attorney James T. Hendrick addressed ~ 99/47 the Board. The Board accepted public input with the following individual addressing the Board: Joy Boleda. Commissioner Reich read a letter into the record from Chris Gardner asking if a settlement had been made between the Florida Department of Environmental Protection and Joy Boleda. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to adopt the following Resolution. Roll call vote was unanimous. ~ RESOLUTION NO. 066-1999 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 Vested Rights Determination promulgated by the Vested Rights Hearing Officer, IN RE: The Application of Buccaneer Point Estates, Inc. and James C. Dougherty. The Board accepted public input with the following individual addressing the Board: Attorney Jim Mattson, representing the applicant. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Williams to continue the Public Hearing to the Board of County Commissioners' meeting scheduled in Key West on April 14, 1999 at 10:00 A.M. Roll call vote was unanimous. A Public Hearing was held concerning adoption of an Ordinance amending section 15.5-19, by providing an exemption of limited duration for property owners from the enforcement proceedings of section 15.5-19, Monroe county Code, 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 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. County Attorney James T. Hendrick addressed the Board. The Board accepted public input with the fOllowing individual addressing the Board: Linda Yorde. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent to continue the Public Hearing to the Board of County Commissioners' meeting scheduled in Marathon on March 10, 1999 at 10:00 A.M., directing Staff to work with the Florida Department of Community Affairs on the language of the proposed Ordinance and appointing Commissioner williams' to serve as the Board's liaison. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS ~ Motion was made by Commissioner williams and seconded by Commissioner Freeman approving the following: - 99/48 Approval to rescind the contract that was approved at the December 9, 1998 meeting and approval of a new contract between Monroe County and the American Heart Association, for Advanced Life Support (ALS) courses, implementing the new Monroe County Training Center for the period of one year beginning September 1, 1998 through August 31, 1999. Approval to rescind the contract that was approved at the December 9, 1998 meeting and approval of a new contract between Monroe County and the American Heart Association, for Basic Life Support (BLS) courses, implementing the new Monroe County Training Center for the period of one year beginning September 1, 1998 through August 31, 1999. Motion carried unanimously. LAND AUTHORITY SITTING AS COUNTY COMMISSION Executive Director of the Monroe County Land Authority, Mark Rosch addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval of the following: Grant. Status report on the Florida Communities Trust ROGO Approval of an Amendment to Agreement for the Purchase of Lands between Monroe County and the Monroe County Comprehensive Plan Land Authority in the amount of $1,052,791.77. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Freeman and seconded by Commissioner Neugent accepting the monthly report on Change Orders reviewed by the County Administrator. 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. - 99/49 County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner williams granting approval to issue a Purchase Order as Change Order No. 1 to D. L. Porter Construction, Inc. for modification to the Crawl Key Fire Training Facility, in the amount of $33,904. 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. GROWTH MANAGEMENT - Acting Growth Management Director Tim McGarry updated the Board on the Annual Travel Time & Delay study on us Highway #1. Mr. McGarry indicated that the results of the study may be used in the Habitat Conservation Plan. County Attorney James T. Hendrick deferred the update on legal issues to later in the meeting. Capt. Mills addressed the Board. COUNTY ATTORNEY County Attorney James T. Hendrick discussed the possibility of prohibiting jet skis everywhere in County waters except certain permitted zones (rather than the current prohibitory zone system) and the jet ski ban within Monterey Bay Marine Sanctuary (California). After discussion, motion was made by Commissioner williams and seconded by Commissioner Freeman directing staff to prepare a Resolution, for next months consideration, requesting the Legislative Delegation to seek an amendment to the critical Area Legislation establishing a rule of general exclusion with limited areas of inclusion for operation of personal watercraft. Charles Causey, representing Save Our Waters and John Donaldson addressed the Board. After consideration, the motion was withdrawn. Motion was then made by Commissioner Williams and seconded by Commissioner Neugent to continue the item to tomorrow's meeting (02/11/99). Motion carried unanimously. - Mr. Hendrick, Code Enforcement Director Tom Simmons, and Community Services Director Peter Horton discussed with the ~ 99/50 Board Staff's request for direction from the Board regarding the prosecution of violations of Ordinance No. 004-1997 (Vacation Rental Ordinance). The following individuals addressed the Board: Linda Yorde, Capt. Mills, Eugene Shinkevich, Eugene Paxton, and Denise Werling. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval the recommendation as set forth in the Memorandum dated February 1, 1999 to James T. Hendrick, County Attorney from Stuart G. Schurr, Assistant County Attorney regarding Violations of the Vacation Rental Ordinance. Roll call vote was taken with the following results: ~ Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams No Mayor Harvey No Motion failed. County Administrator James Roberts addressed the Board. Motion was then made by Commissioner Williams and seconded by Commissioner Neugent to prosecute violations as a second degree misdemeanor. After further discussion, motion was made by Mayor Harvey and seconded by Commissioner Neugent to table the item to tomorrow's meeting (02/11/99). Motion carried unanimously. COMMISSIONERS' ITEMS Public Works Director Dent Pierce addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman granting approval and authorizing execution of an Amendment to the Lease Agreement between Monroe County and Conch Cruisers, Inc., Sal Parrinello, concerning operation of the Higgs Beach Restaurant/Concession, in order to abate rent payments for delayed opening of the restaurant due to damage from Hurricane Georges. Motion carried unanimously. SOUNDING BOARD Director of Habitat for Humanity Bill Loewy addressed the Board concerning waiving the cesspool requirement for the Little Venice area when a trailer or mobile home is replacing a storm or hurricane damaged one. Acting Growth Management Director Tim McGarry addressed the Board. Mr. Loewy also discussed the short term rental ordinance as it affects mobile ~ home parks. George Eager addressed the Board. The Board took no official action. ----- 99/51 Jerry Wilkinson addressed the County's objective response to citizens unincorporated areas of Monroe County. official action. Board concerning Monroe of present and future The Board took no PUBLIC BEARINGS ----- The second of two Public Hearings were held to adopt an Ordinance amending the Residential Permit Allocation System provisions of the Monroe County Year 2010 ComDrehensive 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: Attorney Nicholas Mulick representing Mr. Cadenas and Bill Daniels, representing the Affordable Housing Joint Task Force. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 010-1999 See Ord. Book No. 50 which is incorporated herein by reference. Commissioner Williams excused herself from the meeting. The continuation of the second of two Public Hearings were held to adopt an Ordinance amending Policies 601.1.7 and 601.1.11 of the Year 2010 ComDrehensive 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. There was no public input. Acting Growth Management Director Tim McGarry addressed the Board. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous with Commissioner Williams not present. ORDINANCE NO. 011-1999 See Ord. Book No. 50 which is incorporated herein by reference. Commissioner Williams returned to the meeting. MISCELLANEOUS BULK APPROVALS ~ Bill Barry, Publisher of the Key West citizen and Clerk of Court Danny L. Kolhage addressed the Board. Motion was made ~ 99/52 by Commissioner Neugent and seconded by Commissioner williams granting approval to award bid for publication of the Monroe County 1998 Delinquent Tax Rolls to the Florida Keys Keynoter, according to the recommendation of Monroe County Tax Collector Mr. Harry Knight, with instructions that if the Board deems it necessary for next year to consider grounds by which the decision may be made. 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. COHHISSIONERS' ITEMS Islamorada Mayor Ron Levy discussed with the Board budget issues as they affect Islamorada. The Board took no official action. MISCELLANEOUS BULK APPROVALS Community Services Director Peter Horton addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval and authorizing execution of the Amendment to the Agreement between Monroe County and Arnold's Towing for the removal of derelict vessels caused by Hurricane Georges. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman granting approval to advertise for bids to repair a hurricane damaged hangar at Marathon Airport. Motion carried unanimously. Mr. Horton addressed the Board and advised that the county had received bids for the construction of the National Weather Service tenant finish in the following amounts: Rove 1 Construction - $163,000; DL Porter Construction - $169,904; and T G Enterprises of Key West - $184,590. After discussion, motion was made by Mayor Harvey and seconded by Commissioner Freeman granting approval of award of bid and authorizing the Mayor to execute a Contract between Monroe County and Rovel Construction -- for construction of the National Weather Service tenant finish, in the Adam Arnold Annex at the Key West International Airport, in the amount of $163,000 upon review by the County Attorney. -- R.e.vision 99/53 Roll call vote was unanimous. MONROE COUNTY SHERIFF DEPARTMENT Motion was made by Commissioner williams and seconded by Commissioner Freeman granting approval of disposition of inventory items for the first quarter of FY 98-99. Said list is incorporated herein by reference. Motion carried unanimously. COMMISSIONERS' ITEMS -- County Attorney James T. Hendrick discussed with the Board the legal findings of deep port operation of casino boats and to prohibit slot machines in Monroe County. The following individuals addressed the Board: Murray Nelson, william F. Brown, representing the Ocean Cay Property Owners Association; Capt. Mills, Fred Nickerson, Eleanor Edson, Dagny Johnson, Jill Patterson, and Dick Widdell. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adopt the following Resolution supporting the passage of H.R. 316, the "Cruise to Nowhere Act of 1999," by the u.s. House of Representatives, Providing for severability; Providing for conflicting Resolutions; Providing an effective date. Motion carried unanimously. it RESOLUTION NO. 067-1999 See Res. Book No. 141 which is incorporated herein by reference. MISCELLANEOUS Motion was made by Commissioner Neugent and seconded by Mayor Harvey to add an item to the Agenda concerning Samuel's House. Motion carried unanimously. Joanna Johnson, representing Samuel's House addressed the Board concerning funding. The Board took no official action. The following items were continued to the February 11, 1999 Board meeting: Agenda item M3 - Approval of a resolution for transfer of franchise control from TCI to AT&T. Agenda item Q6 - Discussion of a public relations television show hosted by the County Administrator. -- -- 99/54 Agenda item Q10 - Discussion of non-functioning waste system (cesspits) at time of sale of home. Agenda item Q11 - Approval of a resolution of the Board of County Commissioners committing Monroe County's best efforts to the Monroe County Affordable Housing Task force; providing for an effective date. Agenda item Q12 - Discussion in respect to "Town Meeting" format. Agenda item R1 - County Administrator report. Agenda item R3 - Approval of recommendations concerning the proposed incorporation of the proposed City of Marathon and the proposed Village of Key Largo. Agenda item T1 - County Attorney report. -- Agenda item T2 - Discussion regarding whether the County should explore alternatives to the 365 day time limit for connecting a central sewer system as set forth in Sec. 381.00655, F.S. including any possible agreements with the FKAA. Agenda item T4 - Approval of Amendment to Agreement for the Guidance Clinic of the Middle Keys to provide services as Community Transportation Coordinator for the Transportation Disadvantaged in Monroe County. Agenda item T7 - Staff's request for direction from BOCC regarding the prosecution of violations of Ordinance No. 004-1997 (Vacation Rental Ordinance). Agenda item T8 - Requests back for Board discussion to investigate the possibility of prohibiting jet skis everywhere in County waters except certain permitted zones (rather than the current prohibitory zone system) and to investigate the jet ski ban within Monterey Bay Marine Sanctuary (California) Agenda item T9 - Approval of resolution authorizing the County Administrator or his designee to execute, on behalf of the County, the US Department of Agriculture form "Assurances relating to Real Property Acquisition" when necessary during the course of the Canal Clean Up Program. -- There being no further business to come before the Board, the meeting was adjourned. -- 99/55 Clerk to the Board of County Commissioners of Monroe County ~ouc.~>J~ ., Isabel C. DeSant1s Deputy Clerk --