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04/14/1999 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, April 14, 1999 Key West, Florida 99/111 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 Shirley Freeman, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams and Mayor Wilhelmina Harvey. Also present were 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 Employee of the Month Award for the month of December, 1998, was presented to Carol Cobb, Executive Assistant, Solid Waste Management Division. Employee of the Month Award for the month of March, 1999, was presented to Valerie Moore, Business Manager, Library Services, Community Services Division. Monroe County's 1998 Employee of the Year Award was presented to Linvel Hunt, Facilities Maintenance Department, Public Works Division. Presentation of an award was made to Scotty's Hardware of Key West and "The Florida Keys Council for People With Disabilities". This award recognizes the efforts of Scotty's Hardware in assisting and hiring the physically disabled of Monroe County. Presentation of a Monroe County Housing Authority Proclamation declaring April as Fair Housing and Community Development Month. Presentation of National Association of Counties (NACO) Certification of Special Recognition for Arts and Culture to the 99/112 Monroe County Board of County Commissioners by Nance Frank, Chairperson of the Monroe Council of the Arts Corporation. Board granted approval of a Mayor's Proclamation proclaiming May 14th and May 15th, 1999 as "Relay For Life Days" for the American Cancer Society. Board granted approval of a Mayor's Proclamation proclaiming April 30 & May 1st, 1999, as "Relay For Life Days" for the Upper Keys American Cancer Society. Board granted approval of a Mayor's Proclamation proclaiming the month of May as Seagrass Awareness Month in Monroe County. Board granted approval of a Mayor's Proclamation proclaiming the month of April as Child Abuse and Neglect Prevention Month in Monroe County. Board granted approval of a Mayor's Proclamation proclaiming May 1, 1999, as Law Day in Monroe County. Board granted approval of a Mayor's Proclamation proclaiming May 2 through May 8, 1999 as Hurricane Awareness Week in Monroe County. BULK APPROVALS Motion was made by Commissioner Reich and Seconded by Commissioner Freeman to approve the following items by unanimous consent: Board granted approval to remove surplus equipment from inventory via disposal/destruction and advertising for bids and accepting bids. Said list is incorporated herein by reference. Board granted approval to advertise for bids for debris removal and debris management services to be utilized in the event of future disasters. Board granted approval to advertise for bids for the rental of parcels of land to be utilized for debris management in the event of future disasters. Board granted approval and authorized execution of an Agreement between Monroe County and Clean Florida Keys, Inc., to provide disbursement of funds from the Litter Control and Prevention Grant. 99/113 Board granted approval and authorized execution of a Preliminary Letter Contract between Monroe County and South Florida Employment & Training Consortium for the Summer Youth Employment and Training Program. Board granted approval to Advertise for Bids for two (2) paratransit bus body on chassis vehicles with wheelchair lifts. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Arnoldfs Towing for the removal and transport of derelict vessels and debris that are a direct result of Hurricane Georges (Lower Keys). Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $2,500.00 for the Sunset Point Boat Ramp Repair Project. RESOLUTION NO. 122-1999 See Res. Book No. 142, which is incorporated herein by reference. Board granted approval and authorized execution of a Lease Agreement between Monroe County and SK II, Inc., for a hangar at the Key West International Airport. Board granted approval for the Sheriff to rent a parcel of land approximately 50 X 100, for aircraft operations at the Marathon Airport on a month -to -month basis. Board granted Award of Bid to JACO Electric Company for the Taxiway Airfield Lighting System at the Marathon Airport. Board granted Award of Bid to Aquatic Vegetation Control for the Exotic Plant Control Projects at the Key West International Airport and the Marathon Airport. Board approved a Declaration of Emergency and Waiver of Purchasing Policies and Procedures and adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $5,156.25 for the repair of Aids to Navigation from Marathon to Key Largo. These discrepant aids are a direct result of Hurricane Georges AND authorized execution of a contract between Monroe County and American Underwater Contractors for the emergency repairs of Aids to Navigation located from Marathon to Key Largo. RESOLUTION NO. 123-1999 See Res. Book No. 142, which is incorporated herein by reference. Board approved a Declaration of Emergency and Waiver of 99/114 Purchasing Policies and Procedures and adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $3,306.25 for the repair of Aids to Navigation from the Lakes Passage to Ramrod Key. These discrepant Aids are a direct result of Hurricane Georges AND authorized execution of a contract between Monroe County and American Underwater Contractors for the emergency repairs of Aids to Navigation located from the Lakes Passage to Ramrod Key. RESOLUTION NO. 124-1999 See Res. Book No. 142, which is incorporated herein by reference. Board granted approval of a Contract between Monroe County and Blue Water Marine, Inc., for the emergency removal of DV03A2770 located in Key Largo, in the amount of $2,500.00. Board adopted the following Resolution adopting the document entitled Monroe County Comprehensive Emergency Management Plan, dated 1998, prepared by Monroe County Emergency Management and providing for notification of the adoption date to the State Department of Community Affairs. * This item is re- heard and approved as amended, see minutes page 99/138. RESOLUTION NO. 125-1999 See Res. Book No. 142, which is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Department of Community Affairs concerning the State and Local Assistance Grant in the amount of $28,940.00. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Department of Community Affairs awarding Monroe County's Base Grant (9G-19 Rule) an additional $2,951.00 for Fiscal Year 1998-1999. Board granted approval, contingent upon review by OMB/Purchasing, Risk Management, County Attorney, Grants Management and County Administator, to submit grant applications under the Hazard Mitigation Grant Program (HMGP), specifically for HMGP FEMA-1249-DR-FL (Hurricane Georges), and for the preparation of the requisite resolutions, including authorization for the Mayor to execute same. Board granted approval to rescind the renewal agreement approved at the October 21, 1998 BOCC Meeting, and granted approval and authorized execution of a new Renewal Agreement between Monroe County and Physio Control Corporation, for maintenance of biomedical equipment for Municipal Services Taxing District 6, through September 30, 1999, in the amount of 99/115 $5,640.00. Board granted approval to advertise for a Public Hearing to be held on May 12, 1999, 10:00 a.m., Key Largo Library, Key Largo, Florida, to consider an Ordinance providing for the payment of Length of Service Award Program Benefit Payments to eligible volunteer firefighters; providing for severability; providing for repeal of Ordinances inconsistent herewith; providing for inclusion in the Code of Ordinances; providing for an effective date retroactive to January 1, 1998. Board granted approval and authorized execution of a Special Service Arrangement Agreement between Monroe County and BellSouth Telecommunications, Inc., to provide Monroe County with installation and maintenance of E911 equipment. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 1). RESOLUTION NO. 126-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 2). RESOLUTION NO. 127-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 3). RESOLUTION NO. 128-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 4). RESOLUTION NO. 129-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 5). RESOLUTION NO. 130-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 6). RESOLUTION NO. 131-1999 99/116 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 7). RESOLUTION NO. 132-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 8). RESOLUTION NO. 133-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 9). RESOLUTION NO. 134-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 10). RESOLUTION NO. 135-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 11). RESOLUTION NO. 136-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 12). RESOLUTION NO. 137-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 13). RESOLUTION NO. 138-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 14). ,— RESOLUTION NO. 139-1999 See Res. Book No. 142, which is incorporated herein by reference. 99/117 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 15). RESOLUTION NO. 140-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 16). RESOLUTION NO. 141-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 17). RESOLUTION NO. 142-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 18). RESOLUTION NO. 143-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 474-1998 (Sch. Item 19). RESOLUTION NO. 144-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 20). RESOLUTION NO. 145-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 21). RESOLUTION NO. 146-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 22). RESOLUTION NO. 147-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 23). 99/118 RESOLUTION NO. 148-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 408-1998 (Sch. Item 24). RESOLUTION NO. 149-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 409-1998 (Sch. Item 25). RESOLUTION NO. 150-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 410-1998 (Sch. Item 26). RESOLUTION NO. 151-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 411-1998 (Sch. Item 27). RESOLUTION NO. 152-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 412-1998 (Sch. Item 28). RESOLUTION NO. 153-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 413-1998 (Sch. Item 29). RESOLUTION NO. 154-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 414-1998 (Sch. Item 30). RESOLUTION NO. 155-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 415-1998 (Sch. Item 31). RESOLUTION NO. 156-1999 See Res. Book No. 142, which is incorporated herein by reference. 99/119 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 32). RESOLUTION NO. 157-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 33). RESOLUTION NO. 158-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 34). RESOLUTION NO. 159-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 35). RESOLUTION NO. 160-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 36). RESOLUTION NO. 161-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 37). RESOLUTION NO. 162-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 38). RESOLUTION NO. 163-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds (D-30 Agenda Item). RESOLUTION NO. 164-1999 See Res. Book No. 142, which is incorporated herein by reference. Board granted approval of a request to spend impact fees for Solid Waste Management Recycling facilities. 99/120 Board granted approval of a request to spend impact fees for Solid Waste Management Hazardous Waste Covers. Board granted approval of a request to spend impact fees as a match for the completion of the Overseas Heritage Trail Master Plan. Board granted approval of a request to issue a Purchase Order to Xerox Corporation for a 36 month rental of a Xerox 5830 copier. Piggyback on Marion County contract, cost of $242.00 per month including maintenance and all supplies except paper. Copier to be utilized by both Purchasing and Grants staff. Board granted authorization to issue a blanket Purchase Order for an estimated amount of $50,000.00 to Dion Oil Company for the purchases of gasoline. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the Monroe County School Board that provides support for the Shared Services Network. Board adopted the following Resolution providing for the appointment of an additional member to the Substance Abuse Policy Advisory Board. RESOLUTION NO. 165-1999 See Res. Book No. 142 which is incorporated herein by reference. Board granted approval and authorized the Mayor to sign a Certificate of Participation which identifies the Board of County Commissioners as the coordinating unit of Government in the DCA FY99/00 Anti -Drug Abuse Act Formula Grant Program. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Acordia National, the County's Third Party Administrator for the Group Benefits Program, from June 30, 1999 through September 30, 1999. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Keys Physician - Hospital Alliance, for utilization review, case management and provider network services for the County's Employee Benefit Plan, from June 30, 1999 through September 30, 1999. Board granted approval to issue two purchase orders to Xerox Corporation for 36 month lease of two Xerox DC214S copiers ,— from Putnam County Contract 197-2, in the amount of $92.08 per month which includes all maintenance. 99/121 Board granted approval to issue a purchase order to Xerox Corporation for 36 month lease of a Xerox 5818TA copier from Marion County Contract 12346, in the amount of $140.00 per month, including all maintenance and all supplies. Board granted approval of the Monroe County School Board's request for funding for the cost of supervising and coordinating youth athletic programs at five (5) school facilities each Saturday from March through May 1999. Board granted approval to purchase (1) new Tree/Brush Chipper from W. E. Johnson Equipment Company, in the total amount of $27,850.00. Board granted approval to advertise for bids for repairs to Sugarloaf Creek Bridge and Harry Harris Park Lagoon. Board accepted a monthly report on Change Orders reviewed by the County Administrator. Board granted approval to award contract to Laumar Roofing South, Inc., for emergency roof replacement at the Key West International Airport Terminal in the amount of $300,883 and granted approval to award contract to Laumar Roof South, Inc. for emergency roof replacement at the Key West International Airport Annex in the amount of $140,935 damaged by Hurricane Georges, and authorized execution of contracts, pending legal sufficiency. Board granted approval and authorized execution of a contract between Monroe County and RMS International, for emergency generator inspections and repairs. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Deputy Mark Taylor to reside in the residence located at Watson Field (commonly known as the Stiglitz House), for an amount of rent and utilities totaling $400.00 per month. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and L&N Dependable Janitorial, Inc., to provide janitorial service for County facilities located in Marathon, including Commission District II Office located in Big Pine Key), in the amount of $39,900.00 per year. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Siemens Building Technologies, Inc., (f/k/a Landis & Staefa, Inc.) for certification, maintenance and testing of the Monroe County Detention Center fire alarm system, building automation system 99/122 and smoke control system; the Sheriff's Administration Building fire alarm system and building automation system, and the Courthouse Annex fire alarm system, in the amount of $66,356.00 per year. Board granted Award of Bid and authorized execution of a Contract between Monroe County and Amerigas Propane, Inc., for a preventive maintenance service contract for the kitchen equipment located at the Monroe County Detention Center, in the amount of $2,160.00 per year. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Sub Zero, Inc., increasing the contract sum from not to exceed $15,000.00 per year to not to exceed $45,000.00 per year. Board granted Award of Bid to Starship Custom Vehicles for the purchase of a special, medical equipped van and authorized execution of an Amendment to Contract between Monroe County and Rural Health Network, which provides for their ownership of a medical van which will be partly paid for by County funds in the amount of $50,000.00. The amendment provides for County approval of the eventual retirement of the van. Starship custom vehicles was the lowest bid which conformed to the bid specifications. TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution to provide advance registration for trade shows for the Fiscal Year 2000 be paid from Tourist Development Council Funds in Fiscal Year 1999. RESOLUTION NO. 166-1999 See Res. Book No. 142, which is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Dolphin Cove Research and Education to change the name of their event to be held on July 30-31, 1999 from Sounds of the Glades to Barley's Bay Festival. Board granted approval of an Agreement between Monroe County and AT&T to provide long distance service to the Monroe County Tourist Development Council. Board granted approval and authorized execution of an Agreement between Monroe County and The Friends of the Islamorada Area State Parks for a capital improvement project in an amount not to exceed $72,340.00, DAC IV, FY 99, Third Penny. 99/123 Board granted approval and authorized execution of an Agreement between Monroe County and the Dolphin Research Center for a capital improvement project, in an amount not to exceed $1,500.00, FY 99, DAC III, Third Penny. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Keys Wild Bird Rehabilitation Center, Inc., for a capital improvement project, in an amount not to exceed $10,000.00, DAC V, FY 99, Third Penny. Board granted approval and authorized execution of an Agreement between Monroe County and Florida Keys Land & Sea Trust for a capital improvement project, in an amount not to exceed $9,420.00, DAC III, FY 99, Third Penny. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Holiday Isle Resort & Marina covering the 15th Annual Holiday Isle Dolphin Tournament from April 16-18, 1999, to July 9-11, 1999, in an amount not to exceed $3,000.00, FY 99, Two Penny allocated under the Fishing Umbrella. CONSENT AGENDA/BULK APPROVALS Board granted approval for an Affordable Housing Deed Restriction submitted by John and Patricia Coyle. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the document in accordance with Ordinance No. 16-1992. Affordable Housing Permit Name on Name on Legal Number Agenda Item Warranty Deed Description 98-1-0208 John & Patricia John & Patricia Lot 3, Block Coyle Coyle 11, Cutthroat Harbor Estates Cudjoe Key Board granted approval for the transfer of three buildable lots to Monroe County by Warranty Deeds. Pursuant to Ordinance No. 16-1992, these documents have been filed by applicants receiving dwelling unit allocation awards for the year ending July 13, 1999. 3 People Dedicating 3 Lots to Monroe County Permit Name on Name on Legal Number Agenda Item 98-1-1589 Harold Drouin 98-1-2776 John Mannix 98-3-3188 Robert Doran Warranty Deed Harold Drouin John Mannix Robert & Carole Doran 99/124 Description Lot 8, Block 14, Palm Villa Big Pine Key Lot 21,Block 9, Kinercha, Big Pine Key Lot 19, Block 2 Lot 19, Block 2, Ramrod Shores Marina Section, Ramrod Key Board granted approval for the transfer of two buildable lots from Bruce & Risha Frerer to Monroe County by Warranty Deeds. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999 have filed the document in accordance with Ordinance No. 16-1992. 2 People Dedicating 2 Lots to Monroe County Permit Name on Name on Legal Number Agenda Item Warranty Deed Description 98-1-1297 Bruce & Risha Risha W. Frerer & Lot 2,Block 20, Frerer. Bruce Frerer Port Pine Heights #1, Big Pine Key 98-1-1297 Bruce & Risha Risha W. Frerer & Lot 12, Block Frerer Bruce Frerer 45, Port Pine Bruce Frerer Heights #2, Big Pine Key Board granted approval for the transfer of one buildable lot from Christopher & Stacy Saunders to Monroe County by Warranty.Deed. The Applicants receiving a dwelling unit allocation award for the year ending July 13, 1999, have filed the document in accordance with Ordinance No. 16-1992. Permit Name on Number Agenda Item Affordable Housing Name on Warranty Deed Legal Description 98-1-1283 Christopher & Christopher John Lot 10, Block 99/125 Stacy Saunders Saunders & Stacy 19, Palm Brogli Saunders Villa, Big Pine Key Board granted approval of Staff Recommendations 1 a. and b. on proposals for LDR changes from the Affordable Housing Task Force, which were discussed at the Special Board of County Commissioners Meeting in Marathon on March 24, 1999. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation for the purposes of hiring a bicycle/pedestrian coordinator for one year. Board adopted the following Resolution amending the Memorandum of Understanding (MOU) between Monroe County and the Florida Keys Aqueduct Authority (FKAA) AND granted approval and authorized execution of Amendment 1 of the Memorandum of Understanding between Monroe County and the Florida Keys Aqueduct Authority. RESOLUTION NO. 167-1999 See Res. Book No. 142, which is incorporated herein by reference. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of a Request for Expenditures from the Law Enforcement Trust Fund in the amount of $366,000.00 to be used to support the agency's continued participation in the Impact Task Force and to create the Monroe County Task Force. Board granted approval of revised inventory item amount which was approved at the December 9, 1998 Board Meeting; uninterruptable power supply for $22,900.00 revised to $22,990.00 Board granted approval of the disposition of inventory items for the month of February 1999. COMMISSIONERS' ITEMS Board granted approval of Mayor Harvey's appointment of Joe Noel to serve on the Older American Advisory Board for the Key West to Stock Island area with term to expire January 2002. r Board granted approval of Mayor Harvey's appointment of Christina Sharpe to the Tourist Development Council with term to expire August 1999. 99/126 Board granted approval of Mayor Harvey's reappointment of Pam Martin to serve on the Marine and Port Advisory Committee with term to expire April 2002. Board adopted the following Resolution in recognition of the late Anthony F. Niles. RESOLUTION NO. 168-1999 See Res. Book No. 142, which is incorporated herein by reference. Board approved a direction to Public Works Division to remove five (5) old concrete roofed structures at Higgs Beach. Back of beach facing Casa Marina Court and the creation of the Higgs Beach Neighborhood Committee. Board granted approval of Mayor Harvey's appointment of Barbara Ramsey to serve on the Older American Advisory Board for the Upper Keys area with term to expire January, 2002. Mayor Harvey withdrew her Agenda item S-7 concerning the consideration of a request for funding for the Key West Symphony. Board granted approval of Commissioner Freeman's appointment of Alyson Matley to the Marine and Port Advisory Committee. Term to expire April, 2002. Commissioner Reich withdrew her Agenda item S-12 concerning a request from DeWayne Kemp, event coordinator for the Big Pine Key Chamber of Commerce's "Taste of the Islands of the Conch Republic". Board granted approval of Commissioner Reich's reappointment of Rocky S. Hubert to the Monroe County Housing Finance Authority. Term to expire April, 2003. Board granted approval of Commissioner Reich's appointment of Annette Dixon to serve as an alternate on the Florida Keys Council for People with Disabilities. Term to expire April 16, 2000. Board granted approval of Commissioner Williams' reappointment of William Quinn to the Florida Keys Council for People with Disabilities. Term to expire March, 2002. Board granted approval to advertise an Ordinance for no -discharge zones in harbors in the Florida Keys. Board granted approval and authorized execution of a Tower Use Agreement between Monroe County and the Florida 99/127 Department of Transportation for the tower location at Tea Table Fill, MM 79.2 oceanside. COUNTY ADMINISTRATOR Board granted approval to issue a purchase order to Xerox Corporation for a 36 month lease of a Xerox 5820TA from "Marion County Contract Number 2346" at a cost of $158.00 per month, which includes all maintenance and all supplies. Board granted approval for the Administrator to send a letter indicating the County's general approval of the Base Reuse Plan developed by the Local Redevelopment Authority in the City of Key West as part of the base realignment process. Board granted approval of the appointments of Rev. Stephen Lawes and Richard Berard to the Health and Human Services Board. Board confirmed the County Administrator's appointment of Timothy McGarry as Director of the Division of Growth Management. Board granted approval to advertise an Ordinance for Public Hearing on May 12, 1999, 5:05 P.M., Key Largo Library amending Section 6.3-1, Monroe County Code, in order to remove the department from the Community Services Division of county government and authorizing the Board of County Commissioners to assign the Code Enforcement Department to the Division of County Government that the Board determines is appropriate; 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 approved a request for the Mayor to endorse an $8,704.40 Florida Windstorm claim check (payable jointly to the Pigeon Key Foundation and Monroe County) for deposit in a Monroe County account. The check is for damages incurred during last year's hurricane. Note: This agenda item included the following: "The Board of County Commissioners, in addition to approving the endorsement of the check, needs to determine if the amount goes to the Foundation or is retained by the County." The Board took no action on this part of the agenda item. COUNTY CLERK FINES AND FORFEITURES 99/128 Board approved the following Fine and Forfeiture Expenditures: COURT REPORTER SERVICES, Amy Landry, in the amount of $225.25; Associated Court Reporters, in the amount of $1,384.25; Florida Keys Reporting, in the amount of $2,158.75; Joe Troiano, Inc., in the amount of $237.50; Joseph Rich CPS, in the amount of $30.00; Martin B. Lenshaw, in the amount of $18.00; Suzanne Ex, in the amount of $5,148.75; Vicky Lynn Doty, in the amount of $452.25. COURT INTERPRETER, Alex Diaz, in the amount of $160.00; Anije Waltman, in the amount of $25.00; AT & T Language Line Services, in the amount of $198.00; Donna Bejdova, in the amount of $30.00; Estrella Garcia, in the amount of $425.00; Grace Krulasik, in the amount of $45.00; Jenine Ouillette, in the amount of $25.00; Jiri Dolezal, in the amount of $150.00; Loan Fernandez, in the amount of $30.00; Mario Baldatti, in the amount of $104.00; Mary Lou Waas, in the amount of $280.00; Mayda Maloney, in the amount of $230.00; Olga Tepper, in the amount of $485.40; Sergio Alvarez, in the amount of $195.00; William Waddell, in the amount of $495.00; Ute Rohe, in the amount of $25.00. OTHER CIRCUIT COURT COSTS, Halford Schuhmacher, in the amount of $145.50; Key West Travel, in the amount of $201.00; Keys Office Equipment, Inc., in the amount of $30.90; Richard Wunsch, in the amount of $181.14; Robert Lastres, in the amount of $188.82; Rolando Castineyra, in the amount of $69.1; Sheri Collins, in the amount of $70.26; State of Florida, in the amount of $100.50. COURT APPOINTED ATTORNEYS FEES, Christine Bollong, in the amount of $594.40; Christopher Meyer, in the amount of $3,442.60; David G. Hutchison, in the amount of $712.40; Gregory Davila, in the amount of $2,377.50; Johnathan Drucker, in the amount of $350.00; Lauri Hall, in the amount of $5,416.22; Manuel E. Garcia, in the amount of $7,808.75; Mark Kohl, in the amount of $577.50. EXPERT WITNESS, Florida Medico -Legal Malpractice, in the amount of $1,125.00; John A. Spencer Ph.D, in the amount of $22,425.00; Key West Family Medical Center, in the amount of $450.00; Lamar Miller, in the amount of $500.00; Swope Reconstruction, in the amount of $2,025.00. COMPETENCY EVALUATION, A. Louis O'Connor, in the amount of $450.00; Care Center for Mental Health, in the amount of $350.00; Guillermo Marcovici, MD, in the amount of $450.00; James W. Holbrook, in the amount of $350.00; Leslie Morgan, in the 99/129 amount of $450.00. WITNESS COORDINATION, Witness Travel & Per Diem, in the amount of $10,288.75; Witness Payroll, in the amount of $330.00. SHERIFF E%TRADITION, Richard D. Roth, in the amount of $3,373.47. Board approved the Board of County Commission Meeting Minutes of February 10 & 11, 1999. COUNTY ATTORNEY Board granted approval and authorized execution of a Quit -Claim Deed by the Board of County Commissioners to Florida Department of Transportation with mineral rights reservation clause for North Marginal Way, Big Coppitt Key. Board granted approval to advertise an Ordinance revising Section 6-90(6), Powers and Duties of the Contractors Examining Board; 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 a 10' wide alley in Tavernier 2 Subdivision, Tavernier, Florida. RESOLUTION NO. 169-1999 See Res. Book No. 142, which is incorporated herein by reference. County Attorney James T. Hendrick withdrew his Agenda item V-6 concerning approval of a Settlement Agreement with DCA and City of Key West. Board adopted the following Ordinance declaring that an emergency exists and waiving notice by a four -fifths vote; an ordinance temporarily suspending the implementation of Chapter 15.5 Monroe County Code (MCC) for a period not to exceed 100 days; providing for the definition of "Hot Spots"; providing for revision of Chapter 15.5, MCC; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing an effective date; and providing a repeal date. ORDINANCE NO. 015-1999 See Ord. Book No. 51, which is incorporated herein by reference. 99/130 Board granted approval to advertise an Ordinance amending Ordinance No. 032-1998, section 5(A), Monroe County Code, in order to exclude the purchase of insurance policies from the applicability of the Purchasing Ordinance; amending section 5(C), Monroe County Code, in order to eliminate the requirement that goods or services with an expected value of $25,000+ available through an existing contract of another government agency do not have to go out for bid to determine if a lower price is available but requiring the Purchasing Director to inquire of other vendors to determine if a price for the goods or services below that of the existing contract is available; amending Ordinance No. 032-1998, Section 11, MCC, in order to provide that the Mayor or Mayor Pro Tem may waive the requirements of the Monroe County Competitive Bid Ordinance in an emergency following a natural or man made disaster and clIarifying that the Mayor, Mayor Pro Tem or other County officer may, contract for goods and services with a value of $25,000+ during an emergency following a natural or man made disaster when permitted by statute or the terms of a Declaration of State or Local Emergency; 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 carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed approval of the Monroe County Public Library Policies. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the Monroe County Public'Library Policies, as amended. Said amendment as follows: Page 3 -,Section 1 - LIBRARY BOARD 1.01 LEGAL ESTABLISHMENT OF LIBRARY BOARD MONROE COUNTY CODE: ARTICLE III. LIBRARY ADVISORY BOARD SEC. 10-40. Membership, qualifications and terms. Delete the words: "regardless of the residence of the appointee" in the paragraph. County Attorney James T. Hendrick and County Administrator James Roberts addressed the Board. After discussion, the motion was withdrawn. Motion was then made by Commissioner Williams and seconded by Commissioner Neugent granting approval to advertise an Ordinance amending Ordinance Number 006-1981, Sec. 10-40. Membership, qualifications and 99/131 terms. Motion carried unanimously. Monroe County Project Manager and Acting Director of Community Services James Malloch addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Neugent to continue to later in the day Agenda item D-12 concerning the Award of Bid to Rovel Construction for replacement of 4 bay hangar roofs at the Marathon Airport, and approval for Mayor to execute contract, upon approval by the County Attorney. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval of an additional three (3) year option to the Contract between Monroe County and Republic Parking System Agreement for parking lot management at the Key West International Airport, with the request that when rental agreements with the individual rental car agents are up for renewal, that they are required to move back for more parking area in the front with parking meters reserved for citizens coming in and out of the airport. Roll call vote was unanimous. The Board discussed Agenda item D-46 concerning the approval of Consent to Assignment and Amendment of Non -Exclusive Agreement between Eller Media Company and Monroe County for selling and placing advertising at bus shelters/benches located in State right-of-way, and authorization for Mayor to execute same. County Attorney James T. Hendrick; Bobby Menendez, Executive Director of Support Services for the Monroe School District; County Administrator, James Roberts and County Engineer Dave Koppel addressed the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the item with the change that the signs not be lighted and that the shelters that are not being actively used by the School District be removed. After further discussion, Commissioner Freeman amended her motion to postpone the item for one (1) month for further Staff review and to address other concerns as discussed here today, i.e. electricity and revenue. Roll call vote was unanimous. PUBLIC HEARINGS Mr. Roberts made a public announcement concerning the Florida Department of Environmental Protection, Division of Recreation and Parks conducting a public workshop on Thursday, April 22, 1999, 7:00 P.M. to present the management plan for Fort Zachary Taylor State Historic Site. A Public Hearing was held concerning adoption of a Resolution adopting an amendment to the rules and regulations for "- 99/132 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), no repealed, to Chapter 64 E-2, FAC. 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. 170-1999 See Res. Book No. 142 which is incorporated herein by reference. A Public Hearing was held to consider an application from Islamorada Village of Islands - Fire Rescue for a Certificate of Public Convenience and Necessity, Class A, Emergency Medical Services for the period beginning October 1, 1999 and ending September 30, 2001, contingent upon all deficiencies of the Village's present application being completed prior to the effective date of the certificate. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval of the item. Motion carried unanimously. A Public Hearing was held to consider an application from NETS Wheelchair & Stretcher Transportation, Inc. for a Certificate of Public Convenience and Necessity, Class B, Non - emergency Medical Transportation Service for the period beginning April 14, 1999 and ending April 14, 2001. There was no public input. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. A Public Hearing was held to adopt an Ordinance providing that Monroe County may enforce the sewage system hookup requirements of Sec. 381.00655, F.S.; 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. County Attorney James T. Hendrick addressed the Board. 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. 016-1999 See Ord. Book No. 51 which is incorporated herein by reference. 99/133 A Public Hearing was held concerning adoption of 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 MSBU; 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 Williams and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 017-1999 See Ord. Book No. 51 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 Judi's Place, Inc. and White Heron Estates, Inc. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 171-1999 See Res. Book No. 142 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to delete from the Agenda a Resolution of the Board of County Commissioners of Monroe County, evidencing the Board's approval of a Recommended Vested Rights Determination promulgated by the Vested Rights Officer, In Re: The Application of Michael Gilbert and Bill Lemon d/b/a Four Star Equipment Rentals. There was no public input. Motion carried unanimously. 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 Conch Contrata, L.C. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 172-1999 99/134 See Res. Book No. 142 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution of the Board of County Commissioners of Monroe County, evidencing the Board's approval of a Recommended Vested Rights Determination promulgated by the Vested Rights Hearing Officer, IN RE: The application of Paul Tripp and Oceanside Marina, Inc. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 173-1999 See Res. Book No. 142 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to delete from the Agenda a Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, IN RE: The application of Tony Hernandez. There was no public input. County Attorney James T. Hendrick addressed the Board. After discussion, Commissioner Freeman withdrew her motion. Motion was then made by Commissioner Freeman and seconded by Commissioner Neugent to remand the item to the Hearing Officer. Motion carried unanimously. 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 Franklin. A letter from Mr. Franklin dated April 2, 1999, was made part of the record. County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 174-1999 See Res. Book No. 142 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution evidencing the Board's denial of a Recommended Vested Rights Determination promulgated by the Vested Rights Hearing Officer, In Re: The Application of Galleon Bay Corporation. Attorney Karen Cabanas, representing Monroe County. The Board accepted public input with the following individuals addressing the Board: Attorney Jim Mattson, representing the applicants and Attorney Richard Grosso, representing Alicia and Dr. Snell addressed the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Williams 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 No Motion carried. 99/135 RESOLUTION NO. 175-1999 See Res. Book No. 142 which is incorporated herein by reference. Attorney Jim Mattson addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval, per Staff recommendation, of the following: 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 M. Peabody. RESOLUTION NO. 176-1999 See Res. Book No. 142 which is incorporated herein by reference. 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. RESOLUTION NO. 177-1999 See Res. Book No. 142 which is incorporated herein by reference. 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. RESOLUTION NO. 178-1999 See Res. Book No. 142 which is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey No Motion carried. 99/136 MISCELLANEOUS BULK APPROVALS County Administrator James Roberts addressed the Board concerning the Award of Bid to Rovel Construction for replacement of 4 bay hangar roofs at the Marathon Airport, and approval for Mayor to execute contract, upon approval by the County Attorney. The Board agreed to hear the item at tomorrow's meeting (April 15, 1999). DIVISION OF COMMUNITY SERVICES Code Enforcement Director, Tom Simmons reported to the Board on the status of enforcement of the Vacation Rental Ordinance. Lynda Yorde and Chuck Vowels addressed the Board. DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District 11 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner Art French, Commissioner Nora Williams, Commissioner George Neugent and Chairperson Yvonne Harper. Public Safety Director Reggie Paros updated the Board on the on -going status of fire rescue training activities. Mr. Paros indicated that the Key Largo and -Sugarloaf Key Volunteer Fire Departments were conducting a minimum standards class for volunteer fire fighters. Mr. Paros also updated the Board on the status of the Coral Key Fire Training Facility. Mr. Paros addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval to rescind the amendment to the basic service agreement between the Lower and Middle Keys Fire and Ambulance District and Sugarloaf Volunteer Fire Department, Inc., that was approved at the July 8, 1998 meeting concerning reimbursement of incidental expenses. Roll call vote was unanimous. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval to rescind the amendment to the basic service agreement between the Lower and Middle Keys Fire and Ambulance District and Conch Key Volunteer Fire Department, that was approved at the July 8, 1998 meeting 99/137 concerning reimbursement of incidental expenses. Roll call vote was unanimous. Motion was made by Commissioner French and seconded by Commissioner Freeman to not renew the month -to -month agreement with the Stock Island Volunteer Fire Department, Inc., concerning Fire Rescue Services, effective May 1, 1999. Chief Galloway of the Stock Island Fire Department addressed the Board. Roll call vote was unanimous. Mr. Paros addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval of a Contract Agreement Addendum with the Big Coppitt Volunteer Fire Department, Inc., amending its service area effective May 1, 1999. Roll call vote was unanimous. Motion was made by Commissioner Harper and seconded by Commissioner Freeman granting approval to advertise two Public Hearings to be held on May 12, 1999, 10:00 A.M., Key Largo Library, Key Largo, Florida and June 9, 1999, 10:00 A.M., Marathon Government Center, Marathon, Florida, to consider an Ordinance concerning the Length of Service Awards Program (LOSAP). Roll call vote was unanimous. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval to rescind the Renewal Agreement approved at the October 21, 1998 meeting, and approval of a new Renewal Agreement with Technical Dynamics, Inc., for maintenance of biomedical equipment for Lower and Middle Keys Fire and Ambulance District, through August 18, 1999 in the amount of $13,846.30. Roll call vote was unanimous. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. The Board of County Commissioners reconvened with all Commissioners present. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the following items: COUNTY CLERK Warrants - General Revenue Fund (001), Warrant Ps 006794-008526, in the amount of $11,966,586.56 99/138 MONROE COUNTY HOUSING AUTHORITY A Resolution requesting the assignment of Elderly Homeowners Rehabilitation Program funds in the amount of $16,126 to Habitat for Humanity of Key West and Lower Florida Keys, Inc. on behalf of the very -low income/handicapped household of Julia and Fredericko Rodriguez, B-16 Eighth Avenue, Stock Island, Florida. RESOLUTION NO. 179-1999 See Res. Book No. 142 which is incorporated herein by reference. Motion carried unanimously. LAND AUTHORITY - SITTING AS THE COUNTY COMMISSION Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval and authorizing execution of Florida Communities Trust Area of Critical State Concern Program Addendum IV to Grant Contract, Contract #94-CT- "� 72-92-2A-M1-001 between Monroe County and the Florida Communities Trust. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Neugent to re -open the Agenda in order to rehear Agenda item D-22 concerning approval of a Resolution adopting the Monroe County Comprehensive Emergency Management Plan, and providing for notification of the adoption date to the State Department of Community Affairs. (Resolution No. 125-1999, Page 99/114). Motion carried unanimously. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval, as amended, of the document entitled Monroe County Comprehensive Emergency Management Plan, dated 1998, prepared by: Monroe County Emergency Management. Said amendment to delete the following: Page 85 3.20 Mitigation (continued) Mitigation projects have been initiated to rectify our highway problem but have met with much resistance. The DOT US11 South Project is our primary highway mitigation project. Strategies for rectifying this problem center upon one ,,.. controversial issue: Expanding the capacity of US Highway 1, "the 18-mile stretch," to four lanes between Key Largo and mainland Florida. This is the only recognized problem -solving strategy for rectifying enhancement. This is an Monroe County, and other unanimous. 99/139 the existing problem of evacuation ongoing project involving the FDOT, affected agencies. Roll call vote was GROWTH MANAGEMENT Donald Craig, representing the applicant; Attorney Larry Erskine, representing Monroe County, and Growth Management Director Tim McGarry addressed the Board concerning approval of a Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 105 regarding Lots 11 and 12, Block 6, Coral Shores Mobile Home Estates, Little Torch Key, Monroe County, Florida, in Section 20, Township 66 South, Range 29 East, Tallahassee Meridian, approximate mile marker 28. After discussion, motion was made by Commissioner Freeman and seconded by Mayor Harvey to find the above described boundary determination #105 as Urban Residential Mobile Home (URM) Land Use District. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent No Commissioner Reich No Commissioner Williams No Mayor Harvey Yes Motion failed. Growth Management Director Tim McGarry updated the Board on the Rule Change Workshops held April 6, 7, 8, 1999. Mr. McGarry updated the Board on the Little Venice Project. The Board congratulated Mr. McGarry on his appointment as the Director of the Division of Growth Management. Mr. McGarry informed the Board that Islamorada, Village of Islands had gone into a moratorium on their residential ROGO and are not accepting applications except for those that are for affordable housing. Mr. McGarry and County Administrator James Roberts discussed with the Board recommendations in obtaining $1,000,000 for the cesspit replacement program from the Capital Projects Plan - Fund 304. After discussion, motion was made by Commissioner Neugent and seconded by Mayor Harvey granting -- 99/140 approval to commit to removing, at a very minimum, 94 illegal cess-pools, during the time frame of 14 July, 1999 through 14 July, 2000 to comply with the request -from the State of Florida, thereby addressing our responsibility, as requested by the Governor and Cabinet, and our moral obligation to future generations to protect their environment and resources by reducing nutrient loading and eliminating illegal cess-pools. Roll call vote was unanimous. Debra Harrison, representing the World Wildlife Fund; Bill Smith, representing the Florida Keys Contractor's Association; and Steve Henson addressed the Board. The County Administrator addressed the Board and advised that based on the Board's action, that he would put a program together and identify funds for cesspit replacement. DIVISION OF PUBLIC WORKS Bert Bender of Bender & Associates, P.A. updated the Board on the status of the Gato Building Renovation Project. Jose Gonzalez of Gonzalez Architects updated the Board on work being performed at the Jackson Square Complex. Commissioner Williams discussed a bike path problem between Layton and Long Key State Park. This item was referred to Staff. GROWTH MANAGEMENT Director of Environmental Resources, M. Ross Alliston presented a Staff report and recommendations regarding the opening of plugged residential canals. Joan Tucker representing the Cahill Pines & Palms Property Owners Association, Inc. and Bob Schneider, representing the Big Pine Civic Association. County Attorney James T. Hendrick updated the Board on the following legal issues: Bennett; Driscoll properties; Kazi Foods, et al; Vaughn/Vacation Rental Ordinance. Mr. Hendrick discussed the county's response to the Florida Keys Caring Capacity Study Steering Committee's suggestion. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Williams directing the County Attorney to pursue through police powers the regulation of canals that would prevent casino boats in canals. The Board also directed the County Attorney to draft an Ordinance for _. presentation at the next Board of County Commissioner's meeting in Key Largo on May 12, 1999. Roll call vote was unanimous. 99/141 Mr. Hendrick also discussed an amendment to the jet ski Resolution sent to the State Delegation Committee. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 105 regarding Lots 11 and 12, Block 6, Coral Shores Mobile Home Estates, Little Torch Key, Monroe County, Florida, in Section 20, Township 66 South, Range 29 East, Tallahassee Meridian, approximate mile marker 28. Roll call vote was unanimous. RESOLUTION NO. 180-1999 See Res. Book No. 142 which is incorporated herein by reference. SOUNDING BOARD John Salesky addressed the Board concerning horses allowed to reside in Block 16 Palm Villa Improved Subdivision on Big Pine Key. Fred Burk also addressed the Board. The Board took no official action. COMMISSIONERS' ITEMS The Board discussed status of the interlocal agreement between Monroe County and the School Board for recreational facilities, maintenance and upkeep of those facilities, and maintenance and upkeep of existing County recreational facilities. Duncan Matthewson, Jim Boilini, and Dan Kratish, representing the Parks & Recreation Advisory Board; and Tony Nobregns addressed the Board. This matter was referred to Staff. MISCELLANEOUS PARRS & RECREATION ADVISORY BOARD Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval of the recommendation by the Parks and Recreation Advisory Board that the BOCC direct the County Attorney's office to draft an ordinance establishing rules for Sunset Point Park. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of the following: Recommendation by the Parks and Recreation Advisory Board that the BOCC provide the funding necessary to modify the north baseball field at Harry Harris Park to accommodate senior -- 99/142 league play. Recommendation by the Parks and Recreation Advisory Board that the BOCC provide funding necessary to replace the infield sod with clay at Friendship Park. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of the recommendation by the Parks and Recreation Advisory Board that the County accept the offer by the Upper Keys Athletic Association to operate the concession stand at Harry Harris Park, on a month -to -month basis. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning Board approval of a worker's compensation settlement in the amount of $10,000 inclusive of attorneys fees, file number 9640890. There was no public input. Motion carried unanimously. A Public Hearing was held concerning adoption of an Ordinance approving a request by property owners to change the Official Land Use District Map (Zoning) from Improved Subdivision (IS) to Suburban Residential Limited (SR-L) for properties described as Lots 1, 2, 3, 7, 8, 9 and 10 Dorn's Subdivision and a portion of Government Lot 2, Big Torch Key, located in Section 19, Township 66 South, Range 29 East, Monroe County, Florida, at approximately mile marker 26, and having the following real estate numbers: 243650, 243660, 243670, 243720, 243730, 243740, 243750 and 112900. Growth Management Director Tim McGarry and County Attorney James T. Hendrick addressed the Board. The Board accepted public input with the following individual addressing the Board: Alexis Colicchio. Motion was made by Commissioner Reich and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 018-1999 See Ord. Book No. 51 which is incorporated herein by reference. SHERIFF'S DEPARTMENT Mark L. Willis, General Counsel to Sheriff Richard Roth addressed the Board. Motion was made by Commissioner Neugent and seconded by Mayor Harvey to adopt the following Resolution of support for the construction of a Juvenile Detention Facility in Monroe County. Motion carried unanimously. 99/143 RESOLUTION NO. 181-1999 See Res. Book No. 142 which is incorporated herein by reference. COUNTY ADMINISTRATOR Monroe County Project Manager and Acting Director of Community Services, James Malloch updated the Board on the canal cleaning project. Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval of the recommendation to the United States Board on Geographic Names for the official recognition of the names Barley Basin and Shands Key. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Mayor Harvey to adopt the following Resolution removing the responsibility for the airport function from the Division of Community Services and assigning the responsibility for airport functions directly to the County Administrator. Motion carried unanimously. RESOLUTION NO. 182-1999 See Res. Book No. 142 which is incorporated herein by reference. MISCELLANEOUS The Board agreed to postpone the following items to tomorrow's meeting (4-15-99): Agenda item D-11 Approval of the Resolution for Phase I of the Pump Out and Dump Station project at Florida Keys Marina, Marathon. Agenda item D-12 Award of Bid to Rovel Construction for replacement of 4 bay hangar roofs at the Marathon Airport, and approval for Mayor to execute contract, upon approval by the County Attorney. Agenda item S-8 Incorporate the Tourist Development Council Mission Statement, as set fourth in TDC's Five Year Strategic Plan, into the County's Tourist Development Council Plan, Request to advertise. Agenda item S-9 Commend the Tourist Development Council for seeking to examine ways to address the impacts of tourism. 99/144 Agenda item S-10 Request to advertise an ordinance amending Section 2-299 of the Monroe County Code and changing the composition of the Tourist Development Council District Advisory Committees and the Nominating Committees. Agenda item S-18 Discuss the membership and responsibilities of a Blue Ribbon Committee on affordable housing and develop any recommendations the Board deems appropriate. Meetings". Agenda item T-1 County Administrator report. Agenda item T-la Discussion on quarterly "Town Agenda item V-1 County Attorney Report. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County • _ / ,�0 . . Isabel C. DeSantis Deputy Clerk