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03/10/1999 Regular - 99/65 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 10, 1999 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Marathon Government Center. 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. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of Additions, Corrections, and Deletions to the Agenda. 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. PRESENTATION OF AWARDS A presentation of Years of Service Award was given to Andrew Anson, Coordinator of Roads and Bridges, Public Works Division. A presentation of Employee of the Month Award for the month of November, 1998, was given to Linda Fatora, Graphic Coordinator, Planning Department, Growth Management Division. .-. ~ 99/66 BULK APPROVALS Motion was made by Mayor Harvey and seconded by Commissioner Freeman to approve the following items by unanimous consent: Board granted approval to declare as surplus property the Lower Keys Road Department Trailer located at the Key West Garage Facility and approval to demolish and dispose of same. Board granted approval to advertise for bids for operation and maintenance of the Marathon Government Center Sewage Treatment Plant. Board granted approval to advertise for bids for alarm system annual certification, maintenance and monitoring. Board granted approval to advertise for bids for uniform service for the Public Works Division. ~ Board granted approval to rescind the existing lease agreement between Monroe County and Deputy Kelvin Cruz to reside in the modular home at Bernstein Park, effective February 22, 1999, and granted approval and authorized execution of a new lease agreement with a Sheriff Deputy to be appointed by Sheriff Rick Roth. Board accepted the monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of two contracts for AlE services for construction projects costing $500,000.00 or less, between Monroe County and (I) Bert Bender & Associates Architects, and (2) William P. Horn, Architect. Board granted approval and authorized execution of a Contract between Monroe County and Arnold's Auto and Marine Repair, Inc., for the removal of abandoned motor vehicles resulting from Hurricane Georges and Tropical Storm Mitch. Board granted approval to advertise for a Public Hearing to be held on April 14, 1999, 10:00 A.M., Harvey Government Center at Historic Truman School, to consider NETS Wheelchair & Stretcher Transportation, Inc., application for a certificate of Public Convenience and Necessity, Nonemergency Medical Transportation Service (Class B). ~ Board granted approval to advertise for a Public Hearing to be held on April 14, 1999, 10:00 A.M., Harvey Government Center at Historic Truman School, to consider - 99/67 Islamorada Village of Islands' application for a Certificate of Public Convenience and Necessity, Emergency Medical Service (Class A). Board granted approval to rescind an Agreement approved at the September 9, 1998 meeting between Monroe County and the Key Largo Volunteer Ambulance Corp, Inc., and granted approval to extend the service agreement between Monroe County and Key Largo Volunteer Ambulance Corp, Inc., which expired on October 1, 1998, on a month-to-month basis pending execution of a new service agreement. Board granted approval and authorized execution of Amendment 001 to the 1998/1999 Alzheimers Disease Initiative contract, Contract KG897, between Monroe County and the Alliance for Aging, Inc. Board granted approval and authorized execution of Amendment 001 to the 1998/1999 Home Care for the Elderly Contract, Contract KH072, between Monroe County and the Alliance for Aging, Inc. - Board granted approval and authorized execution of Amendment 001 to the 1999 Older Americans Act Contract, Contract KG-951, between Monroe County and the Alliance for Aging, Inc. Board granted approval and authorized execution of a Low Income Energy Assistance Program Agreement, Contract #99EA- A9-11-54-01-018, CFDA 193.568, between Monroe County and the Florida Department of Community Affairs. Board granted approval for airlines at the Key West International Airport and Marathon Airport to continue operations on a month-to-month basis, pending review and execution of new agreements by airline management. Board granted approval and authorized execution of a contract between Monroe County and Arnold's Auto & Marine Repair, Inc., for the emergency removal of Derelict Vessel DV03A2765 located in Marathon. Board granted approval and authorized execution of a contract between Monroe County and Blue Water Marine, Inc., for the emergency removal of Derelict Vessel DV03A2833 located in Moser Channel, Marathon. Board granted approval and authorized execution of a -- contract between Monroe County and Blue Water Marine, Inc., for the emergency removal of Derelict Vessel DV03A2771 located in Key Largo. - 99/68 Board granted approval and authorized execution of a Grant Agreement between Monroe County and the Federal Aviation Administration (FAA) for projects at the Key West International and Marathon Airports. Board granted approval to accept Property Insurance proposal from Allianz Insurance Company, including excess flood insurance (Option II), at an annual premium of $191,200.00, effective April 1, 1999. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 1). RESOLUTION NO. 076-1999 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. 077-1999 See Res. Book No. 141, which is incorporated herein by reference. - Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 3). RESOLUTION NO. 078-1999 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. 079-1999 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. 080-1999 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. 081-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 7). RESOLUTION NO. 082-1999 ---- 99/69 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 8). RESOLUTION NO. 083-1999 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. 084-1999 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. 085-1999 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. 086-1999 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. 087-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 13). RESOLUTION NO. 088-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 14). RESOLUTION NO. 089-1999 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. 090-1999 See Res. Book No. 141, which is incorporated herein by reference. ---- 99/70 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 16). RESOLUTION NO. 091-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 17). RESOLUTION NO. 092-1999 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. 093-1999 See Res. Book No. 141, which is incorporated herein by reference. ,-- Board granted approval and authorized execution of Amendment 5 to an Agreement between Monroe County and the Florida Department of Environmental Protection, (DEP Contract IC8368), which provides for a time extension to complete improvements to Sombrero Beach. Board granted approval and authorized execution of an Application For Disaster Assistance Local Match Reduction or Waiver and PaYment Deferral to the Executive Office of the Governor for assistance in reduction or waiver of the local match requirement relating to disaster assistance. Board granted approval and authorized execution of a Settlement Agreement and Release In Full Contract between Monroe County and Acordia National as settlement of disputed claim of liability. Board granted approval to pay $195,972.00 renewal premium to the Florida Windstorm Underwriting Association. Board adopted the following Resolution concerning the Transfer of Funds (Add On 1). RESOLUTION NO. 094-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Add On 2). ~ RESOLUTION NO. 095-1999 See Res. Book No. 141, which is incorporated herein by reference. ---- 99/71 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add On 3). RESOLUTION NO. 096-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add On 4). RESOLUTION NO. 097-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 070-1999 (Add On 5). RESOLUTION NO. 098-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 071-1999 (Add On 6). ---- RESOLUTION NO. 099-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add On 7). RESOLUTION NO. 100-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add On 8). RESOLUTION NO. 101-1999 See Res. Book No. 141, which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Fishing Umbrella Contract between Monroe County and Florida Keys Fishing Tournaments, Inc., to act as a county wide fishing umbrella to make recommendations to the TDC and BOCC concerning funding for tourism related fishing activities, in an amount not to exceed $550,800.00 per fiscal year. Agreement to commence October 1, 1999 and terminate on September 30, 2002. ~ Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Diversified Services, to allow for provision of janitorial services on a -- 99/72 month-to-month basis from March 17, 1999 until such time that the appropriate bid process can be taken to secure a permanent agreement. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Key West Tourist Development Association covering Fantasy Fest on October 22-31, 1999 in an amount not to exceed $92,000.00, DAC I, and $5,000.00 DAC II, FY 99, Third Penny. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Key West Festivals, Inc., covering Hemingway Days Festival on July 16-25, 1999, in the amount of $42,000.00, DAC I, FY 99, Third Penny. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Parrot Heads in Paradise, Inc., covering the Meeting of the Minds, 8th Annual PHIP Convention on October 21-24, 1999, in the amount of $10,000.00, DAC I, FY 99, Third Penny. Board granted approval to rescind a Turn Key Funding Agreement between Monroe County and Lyra ProductionslAmerica, Inc., covering the Islamorada Jazz & Blues Festival '98 on October 31-November 1, 1998, in an amount of $52,250.00, FY 98, DAC IV, Third Penny. This event did not take place. Board granted approval of an Operations Manual revision pertaining to the Request for ProposallBidlQualification Policy: "Proposals/bids/qualifications received after the stated time and date for opening shall be disqualified as late responses and will not be considered for evaluation." Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Florida Keys Fishing Tournaments, Inc., to amend Exhibit A of the agreement to allow for a new Fishing Umbrella Recommendation Committee. CONSENT AGENDA/BULK APPROVALS Board granted approval for the transfer of two buildable lots to Monroe County by Warranty Deeds. 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. -- 2 People Dedicating 2 Lots to Monroe County Permit Name on Name on Legal -- 99/73 Number Descril>>tion Aaenda Item Warranty Deed 98-1-1842 Pasquale Gasparre Pasquale Gasparre Lt 6,Blk 16,Eden pines Colony, Big pine Key 98-1-0362 Edward Wood Edward & Janice Wood Lt 23,Blk 5, Kinercha, Big pine Key Board adopted the following Resolution providing policy direction on the location of Public Hearings for consideration of Text Amendments to the Monroe County Comprehensive Plan and Land Development Regulations. -- RESOLUTION NO. 102-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval and authorized execution of a Grant of Conservation Agreement between Monroe County and Community Bank for a parcel of land in section 28, Township 61 S, Range 39 E, on Key Largo. Said parcel being a portion of Lot 38 and recorded in PB 1, Page 68 of the Public Records of Monroe County. Board adopted the following Resolution authorizing the submission of a Grant Application for Marathon, Florida, to be designated as a "Waterfronts Florida" Community; committing to a long term pUblic/private effort to revitalize the economic, cultural and physical environment of the waterfront; and designating the Marathon Economic Development Council (d/b/a Marathon Community Council) as the Local Waterfronts Committee for the purpose of implementing said program; and providing for an effective date. RESOLUTION NO. 067A-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval for the transfer of two buildable lots to Monroe County by Warranty Deed. Pursuant to Ordinance No. 016-1992, the document has been filed by the -- applicant receiving a dwelling unit allocation award for the year ending July 13, 1999. .- 99/74 1 Applicant Dedicating 2 Lots to Monroe county Permit Number Name on Aaenda Item Name on warranty Deed Legal DescriDtion 98-1-1163 Todd & Sandra Todd & Sandra Lots 3 & 5,Blk 47, Schneider Schneider Sands S/D,Big pine Key Board granted approval for the transfer of one buildable lot to Monroe County by Warranty Deed. Pursuant to Ordinance No. 016-1992, the document has been filed by the applicant receiving a dwelling unit allocation award for the year ending July 13, 1999. 1 Applicant Dedicating 1 Lot to Monroe county Permit Number Name on Aaenda Item Name on warranty Deed Legal DescriDtion 98-1-0292 Charles Roberts Port pine Charles F. Roberts Lot 4, Blk 22, Heights 2nd Addtn,Big pine Key GROWTH MANAGEMENT Board adopted the following Resolution directing staff to work with the Florida Keys Aqueduct Authority (FKAA) to amend the Memorandum of Understanding between the two agencies concerning wastewater. The amendment should include two new items: 1) Consideration of BOCC funding to provide financial security for expenses incurred during the development of Little Venice construction design and bid specifications, and 2) terms for the development of the Big Coppitt and other potential wastewater special taxing district wastewater facilities. RESOLUTION NO. 103-1999 See Res. Book No. 141, which is incorporated herein by reference. DIVISION OF MANAGEMENT SERVICES Board adopted the following Resolution amending retirement eligibility requirements for Group Health Insurance coverage for Monroe County employees. ~ RESOLUTION NO. 104-1999 See Res. Book No. 141, which is incorporated herein by reference. - 99/75 MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of a Request for Expenditures from the Law Enforcement Trust Fund, in the total amount of $90,499.99: $18,900.00 Fund one narcotics "reverse sting" operation in each district per quarter for one year. 12,000.00 Purchase state of the art digital video editing equipment for the Sheriff's Office Video Production unit. 15,000.00 Acquire remote controlled mobile device for use by Bomb Squad at Key West International and Marathon Airports. 3,450.00 Purchase a laptop computer for the Legal Division. 999.00 Purchase a camcorder for the Corrections Bureau. 15,290.00 Purchase two undercover bugs and receiving devices. 1,000.00 Assist State Attorney's Office sponsorship of a team of high school students to participate in mock trial competition sponsored by Florida Law Related Education Association. 9,117.00 Purchase McGruff Crime Dog Robot. 8,250.00 Cost of printing 3000 new and revised "Crime Prevention Tips" brochures to be distributed throughout the county. 3,360.00 Cost of various commemorative items to be furnished to graduates of our local DARE Program. 3,133.00 Purchase a Roman chair, back extension machine, commercial quality treadmill, upgraded door locks for District III workout facility. - ~ 99/76 COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the late Josephine Parker. RESOLUTION NO. 105-1999 See Res. Book No. 141, which is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Don Moore. RESOLUTION NO. 106-1999 See Res. Book No. 141, which is incorporated herein by reference. Board granted approval of Commissioner Neugent's reappointment of Laura Scheimann to the Commission for the status of Women. Appointment expires November 2000. Board granted approval of Commissioner Neugent's reappointment of Linda Yorde to the Commission for the Status of Women. Appointment expires November 2000. ~ Board granted approval of Commissioner Neugent's appointment of Barbara Wood to the Library Advisory Board, replacing June Girard. Appointment expires October 1, 1999. Board approved Commissioner williams' reappointment of Captain Richard Hagood to the Marine and Port Advisory Committee. Appointment expires April 2002. Board approved Commissioner williams' reappointment of Mr. Pat Wells to the Marine and Port Advisory Committee. Appointment expires April 2002. Board granted approval of a letter from the Board of County Commissioners to Senator Mack and Senator Graham requesting companion legislation to the bipartisan Wastewater and Stormwater Authorization Bill submitted by Congressman Deutsch. COUNTY ADMINISTRATOR Board granted approval of the appointment of Mark Szurek, Ph.D. to the Health Council of South Florida. COUNTY CLERK ---- FINES AND FORFEITURES .- 99/77 Board approved the following Fine and Forfeiture Expenditures: COURT REPORTER SERVICES, Amy Landry, in the amount of $562.25; Associated Court Reporters, in the amount of $656.05; Esquire Deposition, in the amount of $269.80; Florida Keys Reporting, in the amount of $2,527.50; King Reporting Services, in the amount of $45.00; Laws Reporting, Inc., in the amount of $546.50; Martin B. Leshaw, in the amount of $75.00; Suzanne Ex, in the amount of $9,548.00; Vicky Lynn Doty, in the amount of $1,714.50; Wendy L. McGarry, in the amount of $49.00. COURT INTERPRETER, Alex Diaz, in the amount of $115.00; AT & T Language Line Services, in the amount of $558.90; Donna Bejodova, in the amount of $25.00; Estrella Garcia, in the amount of $425.00; Humberto Jimenez, in the amount of $25.00; Jiri Dolezal, in the amount of $432.50; Marie C. Penot, in the amount of $30.00; Mary Lou Waas, in the amount of $355.00; Mayda Maloney, in the amount of $115.00; Sergio Alverez, in the amount of $180.00; William Waddell, in the amount of $335.00. OTHER CIRCUIT COURT COSTS, Geller Investigations, in the amount of $2,603.38; George McLaughlin, in the amount of $74.15; Johnathon Ellsworth, in the amount of $201.02; Sheri L. Collins, in the amount of $43.38; State of Florida, in the amount of $144.75. COURT APPOINTED ATTORNEYS FEES, Candida Cobb, in the amount of $700.00; Christine Bollong, in the amount of $1,035.00; Cunningham, Albritton, Miller & Heffernan, in the amount of $350.00; Jason R. Smith, in the amount of $9,450.00; Johnathan Drucker, in the amount of $9,923.13; Manuel Garcia, in the amount of $663.75; Timothy Nicholas Thomes, in the amount of $1,050.00; victoria McFadyen, in the amount of $403.75. EXPERT WITNESS, Florida Medico-Legal Malpractice, in the amount of $1,175.00; Jerry Kaproth and Associates, in the amount of $1,800.00; Lester Grinspoon, M.D., in the amount of $1,000.00; South Arising Consultants, in the amount of $482.50; UMDC Dept. of Pathology, in the amount of $600.00. COMPETENCY EVALUATION, Guillermo Marcovici, in the amount of $450.00; James Holbrook, in the amount of $150.00. WITNESS COORDINATION, Witness Travel & Per Diem, in the amount of $1,579.25; Witness Payroll, in the amount of $580.00. SHERIFF EXTRADITION, Richard D. Roth, in the amount of $5,859.59. ---- 99/78 COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), 1005284-1006793, in the amount of $10,780,010.37. Board approved the County Commission Meeting Minutes of January 13 & 14, 1999. COUNTY ATTORNEY Board adopted the following Resolution revising Resolution No. 467-1998, in order to correct an error in the legal description of the abandoned portion of Jamaica Drive and Ansonia Drive, Port Largo 4th Addition, Key Largo. RESOLUTION NO. 107-1999 See Res. Book No. 141, which is incorporated herein by reference. ---- Board granted approval to advertise a Resolution (as required by Sec. 6.5-8, MCC) for a Public Hearing adopting an amendment to the Rules and Regulations for Emergency Medical Transportation Services in order to provide Islamorada, Village of Islands, its own zone for emergency medical transport services and in order to correct the references in the rules and regulations from Chapter 10D-66, Florida Administrative Code (FAC), now repealed, to Chapter 64 E-2, FAC. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS John Carter, Senior Director - Office of Management & Budget addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval to continue Agreement between Monroe County and Leibowitz and Associates to provide legal advise and counsel to the Monroe County Telecommunications Authority, at blended hourly rate for attorney time ($200.00/hr), as indicated in letter dated January 5, 1999, to Mr. John Carter from the firm of Leibowitz & Associates, P.A. Roll call vote was unanimous. DIVISION OF PUBLIC WORKS ---- County Administrator James Roberts and Capt. Mills, representing Keys Wide Civic Association addressed the Board. - 99/79 Motion was made by Commissioner Freeman and seconded by Mayor Harvey granting approval to reject all bids for the Gato Building Renovation project and authorization to re-bid. Roll call vote was unanimous. 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 Flagler street, Crains SUbdivision, Grassy Key, Florida. Attorney John Wolfe, representing the petitioners addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to adopt the following Resolution. Roll call vote was unanimous. - RESOLUTION NO. 108-1999 See Res. Book No. 141 which is incorporated herein by reference. A Public Hearing was held concerning adoption of 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. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 012-1999 See Res. Book No. 141 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, 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. Acting Growth Management Director Tim McGarry addressed the Board. There was no public input. The Clerk read into the official record a letter from Robert B. and Pamela K. Soucy. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following ~ 99/80 Ordinance. Roll call vote was unanimous. ORDINANCE NO. 013-1999 See Ord. Book No. 50 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 Thomas and Patricia Collins. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner williams to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 109-1999 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 Dorothy Abbott, et ale There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner williams to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 110-1999 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 citiland Investment Corporation. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner williams to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 111-1999 See Res. Book No. 141 which is incorporated herein by reference. CONSENT AGENDA/BULK APPROVALS Capt. Mills, representing the Keys Wide civic Association and Acting Growth Management Director Tim McGarry addressed the Board. Motion was made by Commissioner williams and seconded by Commissioner Freeman granting approval to advertise a Request for Qualifications for the development of a Master Plan for the Overseas Heritage Trail and the revised ~ Master Plan Scope of Work. Said revisions as follows: Scope of Work, Page 2 Add the following language -. 99/81 after the list of names where the Consultant shall seek participation from the following entities.: "The CONSULTANT shall also identify landscaping and other beautification grant programs and enhancement projects currently being undertaken for U.S. 1." Page 4 Add no. 4 to the area under Implementation as follows: "4. Recommendations to ensure necessary coordination and integration of the development of the trail and its elements with other scenic highway and beautification projects." Page 4 - Add no. 6 to the area under Manaqement as follows: "6. Recommendations to ensure on-going coordination and partnering with other scenic highway and beautification projects and managers." Motion carried unanimously. GROWTH MANAGEMENT -. Acting Growth Management Director Tim McGarry discussed with the Board the proposed Federal Rule Change for Implementation of the Insurance Inspection Program. Capt. Mills, representing the Keys Wide civic Association addressed the Board. County Attorney James T. Hendrick updated the Board on the following legal issues: Plaza Associates, Shaddik, New Port Largo, and the Personal Watercraft Industry litigation. COMMISSIONERS' ITEMS Mayor Harvey discussed with the Board approval of the continuation of Phase II of the Children's Mural project at Higg's Beach. Motion was made by Mayor Harvey and seconded by Commissioner Neugent granting approval of the item. Roll call vote was unanimous. GROWTH MANAGEMENT Environmental Resources Director, M. Ross Alliston updated the Board on the Habitat Conservation Plan (HCP) for Big Pine and No Name Keys. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Freeman to ~ adopt the following Resolution requesting that the recent findings of numbers in full concerning the Key Deer be incorporated into the HCP. Roll call vote was unanimous. - -- _. Re.vis,'on 99/82 RESOLUTION NO. 112-1999 See Res. Book No. 141 which is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Williams discussed with the Board location of the new Monroe County Health Unit in the Upper Keys. County Administrator James Roberts addressed the Board. The Board took no official action. TOURIST DEVELOPMENT COUNCIL Mayor Harvey and the Board agreed to re-open the Agenda for discussion of the Tourist Development Council. Capt. Mills, representing Keys Wide civic Association and Betty Vail addressed the Board. COMMISSIONERS' ITEMS Motion was made by Mayor Harvey and seconded by Commissioner Reich granting approval of a request by Lauren N. and Annik M. Dowsett for a Release of Lien arising out of Code Enforcement case number U3-95-1330 in exchange for a General Release of Monroe County from all liability arising out of subject litigation. County Attorney James T. Hendrick addressed the Board. The maker of the motion accepted an amendment to add "pending dismissal with prejudice by the Dowsett's and subject to legal review." Motion was then made by Commissioner Neugent to table this item to the next Key Largo Board of County Commissioner's meeting. Motion died for lack of second. County Administrator James Roberts addressed the Board. After further discussion, Roll call vote was taken on the original motion, as amended, with the following results: 4 Commissioner Freeman No Commissioner Neugent No Commissioner Reich Yes Commissioner Williams Yes Mayor Harvey Yes Motion carried. Commissioner Williams introduced Ms. Debbie S. Hall, Senior Management Analyst with the Florida Department of Environmental Protection who discussed with the Board approval of a Resolution of support for the Department of Environmental 99/83 Motion was made by Commissioner williams and seconded by Commissioner Freeman to adopt the following Resolution authorizing participation in the Florida Clean Marina Program of the Florida Department of Environmental Protection. Motion carried unanimously. RESOLUTION NO. 113-1999 See Res. Book No. 141 which is incorporated herein by reference. commissioner Neugent discussed with the Board approval of a Resolution renaming Third Street, Sands Subdivision, Big pine Key to "Father Tony Way." Father Tony Mullane addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Reich to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 114-1999 See Res. Book No. 141 which is incorporated herein by reference. -. commissioner Neugent indicated to the Board that Agenda item P.5 concerning a request from Habitat for Humanity for assistance with recommended aid to family whose house was destroyed by Hurricane Georges had been taken care of and was withdrawn from the Agenda. commissioner Neugent introduced Peter Worthington who addressed the Board concerning the activities of the Boot Key Harbor Committee. Kirby Scheimann addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Freeman supporting the efforts of Boot Key Harbor Committee, in conjunction with the Marathon Economic Development Council Committee, in reference to the marina pump-out project. Roll call vote was unanimous. County Attorney James T. Hendrick and County Administrator James Roberts also addressed the Board. After further discussion, motion was made by Commissioner Freeman and seconded by Commissioner Williams to continue the above matter to tomorrow (March 11, 1999). Motion carried unanimously. GROWTH MANAGEMENT - Marine Resources Director George Garrett introduced CH2MHill Project Manager Ken Williams and Wendy Nero, who made a slide presentation to the Board concerning the Sanitary Wastewater Master Plan Report - Decision Models for Wastewater Treatment Plant Siting and for Wastewater Management Alternatives. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the Decision Models for Wastewater Treatment Plant Siting and Wastewater Management Alternatives as presented to the Board. - 99/84 Roll call vote was unanimous. COUNTY ADMINISTRATOR County Administrator James Roberts reported to the Board on the incorporation presentations held in Marathon Tavernier, and Key Largo. Mr. Roberts discussed the cancellation of the Joint Key West City commission and Monroe County Commission meeting on February 18, 1999 at 6:00 P.M. at the Harvey Government Center at Historic Truman School and indicated that a new date of April 28, 1999 at 6:00 P.M. had been decided. GROWTH MANAGEMENT Acting Growth Management Director Tim McGarry reported to the Board on the meeting held with the Governor and Cabinet Aides in Tallahassee on March 3, 1999, and the Governor and Cabinet on March 9, 1999, and forthcoming Rule changes proposed for Monroe County's comprehensive Plan. Mr. McGarry discussed the document entitled Summary and Staff Analysis of Major Changes Affecting the 2010 Comprehensive Plan in Proposed Final Draft Rules to Florida Administration Commission. Said document is incorporated herein by reference. The Board also discussed holding a Special Meeting on April 5, 1999 at 9:00 A.M. at the Marathon Government Center and that the Governor's Office and the Department of Community Affairs will hold Public Hearings on April 6, 1999 at the Key Largo Library from 7:30 P.M. - 9:30 P.M.; April 7, 1999 at the Marathon Government Center from 7:00 P.M. - 9:00 P.M.; and April 8, 1999 from 7:00 P.M. - 9:00 P.M., concerning the Comprehensive Plan Rule Change. The following individuals addressed the Board: Debra Harrison, representing the World wildlife Fund; Bill Smith, representing the Florida Keys Contractors Association; Mark Young, Albert Muniz, Vice President of Hazen & Sawyer; Don Roecker, Consultant and representing the Wastewater Master Plan Funding Team and County Administrator James Roberts. SOUNDING BOARD - Jim Lewis addressed the Board concerning his request to move the County seat to Marathon. The Board took no official ---- 99/85 action. Joan Tucker addressed the Board concerning the County's 2010 Comp Plan Policy Objective 202.15 regarding opening the plugged canals of Cahill Pines & Palms on Big pine Key. The Board took no official action. MISCELLANEOUS Capt. Mills, representing the Keys Wide civic Association discussed with the Board enforcement of the Vacation Rental Ordinance. Code Enforcement Director Tom Simmons gave the Board a monthly status report on the enforcement of Vacation Rental violations. ~ Motion was made by Commissioner Freeman and seconded by Mayor Harvey to re-hear for further discussion Agenda item C.3/Public Hearing 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, 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. Diane Gauthier addressed the Board. Commissioner Neugent excused himself from the meeting. Motion was made by Commissioner Reich and seconded by Commissioner Williams to rehear Agenda item P.20 concerning a request by Lauren N. and Annik M. Dowsett for a Release of Lien arising out of Code Enforcement case number U3-95-1330 in exchange for a General Release of Monroe County from all liability arising out of subject litigation. Motion carried unanimously. Mr. & Mrs. Dowsett addressed the Board. Commissioner Neugent returned to the meeting. COUNTY ADMINISTRATOR Commissioner Williams discussed with the Board approval to send a letter to the Board of Directors of Mariners Hospital indicating the Sheriff's and County's intention to consider the ~ purchase of the vacated Mariners Hospital facility. Motion was made by Commissioner Reich and seconded by Mayor Harvey granting approval of the item. Roll call vote was unanimous. - 99/86 COUNTY ATTORNEY County Attorney James T. Hendrick informed the Board that Agenda item S.3 concerning the approval of Settlement Agreement in DCA DOAH/city of Key West Comprehensive challenge be postponed to the regularly scheduled Board meeting in Key West on April 14 & 15, 1999. COUNTY ADMINISTRATOR ,- Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval to advertise an Ordinance creating the stock Island Area Sewage Collection Municipal Service Benefit Unit (MSBU), providing that the MSBU includes all of Stock Island not part of the City of Key West; 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; Providing that the governing body may call a referendum before imposing non-ad valorem assessments; Providing for the duties of the County Administrator and Clerk of the Circuit Court with regard to the MSBUi 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. Roll call vote was unanimous. County Attorney James T. Hendrick discussed with the Board approval to advertise an Ordinance providing that Monroe County may enforce the sewage system hookup requirements of Section 381.00655, F.S.i Providing that such enforcement may be by way of a Chapter 162, F.S. Code Enforcement proceeding, a suit for injunctive relief, or prosecution as a second degree misdemeanor; providing that the Ordinance is cumulative and does not prevent the County from taking action with regard to sewage system hookup requirements authorized by general or special law; 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. Motion was made by Commissioner Williams and seconded by Mayor Harvey approving the item. Roll call vote was unanimous. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolution requesting that Monroe County's LegiSlative Delegation introduce - an amendment to Chapter 380, Part I, F.S. to allow Florida Keys Critical Area Local Governments to adopt Ordinances that have a 30-day time period for on-site sewage systems to connect to a 99/87 central system when the central system becomes available. Motion carried unanimously. RESOLUTION NO. 115-1999 See Res. Book No. 141 which is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held concerning approval of a Workers' Compensation Settlement in the amount of $60,000 inclusive of Attorney's fees. Compensation file numbers 9640101 and 9640895. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to approve the item. Roll call vote was unanimous. A Public Hearing was held concerning adoption of a Resolution concerning a budget amendment to the Clerk's Revenue Note - Capital Fund 1306. There was no public input. Motion was made by Commissioner Freeman and seconded by Mayor Harvey to adopt the following Resolution. Motion carried unanimously. -- RESOLUTION NO. 116-1999 See Res. Book No. 141 which is incorporated herein by reference. A Public Hearing was held concerning approval of a Workers' Compensation Settlement in the amount of $56,000 inclusive of Attorney's fees. Compensation file numbers 9640873, 9640083, 9640071, 9641206 and 9641302. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to approve the item. Motion carried unanimously. A Public Hearing was held concerning adoption of an Ordinance approving the request by Fishermen's Hospital Inc. to change the Monroe County Land Use District (Zoning) map from Suburban Commercial (SC) to Urban Commercial (UC) for property known as Fishermen's Hospital and described as part of Government Lot 1 and part of Government Lot 3 located in Section 9, Township 66 South, Range 32 East, Monroe County, Florida, at approximately mile marker 48.6, and having the real estate number 00103370- 000000. Acting Growth Management Director Tim McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Barry Mankowitz, MD; Andrew Wolszczak, MD; Patrice Tavernier, Ray Kitchener, Executive Director of the Greater Marathon Chamber of Commerce; Alice Skinger, Kay Gradick, Danny K. Yahn, Ed Hall, Mike Puto, Thomas Wright, and David Kirwan. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adopt the following Ordinance. Roll call vote was unanimous. - 99/88 ORDINANCE NO. 014-1999 See Ord. Book No. 50 which is incorporated herein by reference. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ~J4c.. AJ/~ Isabel C. DeSantis ' Deputy Clerk - -