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05/12/1999 Regular - 99/154 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 12, 1999 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., on the above date, at the Key Largo Library. Present and answering to roll call were commissioner Shirley Freeman, commissioner George Neugent, Commissioner Mary Kay ReiCh, Commissioner Nora Williams and Mayor Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerkj Isabel C. DeSantis, Deputy Clerkj James T. Hendrick, County AttorneYj James Roberts, County Administratorj County Staff, members of the press and radioj and the general public. All stood for the Invocation and Pledge of Allegiance. - ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Freeman and seconded by Commissioner Williams 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 Presentation of Mayor'S Proclamation proclaiming May 16-22, 1999 as Emergency Medical Services Week. Presentation of Mayor'S Proclamation proclaiming the month of May, 1999 as Foster Parent Month. - Presentation of Mayor'S Proclamation proclaiming the month of May, 1999 as Teenage Pregnancy Prevention Awareness 99/155 - Month. Presentation of Mayor's Proclamation proclaiming May 28-31, 1999 as Poppy Drive Week. Presentation of an Award to Publix Grocery of Key Largo and the Florida Keys Council for People with Disabilities Chairman Charles Ingraham. This award recognizes the efforts of publix in assisting and hiring the physically disabled of Monroe County. Presentation of Years of Service Award presented to Norma Kula, Library Administrator, Monroe County Public Library, Community services Division. BULK APPROVALS Motion was made by Commissioner williams and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: - Board granted approval and authorized execution of an Issuance of certificate of Public Convenience and Necessity to Ocean Reef Volunteer Fire Department, Inc., d/b/a Ocean Reef Public Safety Department, for the operation of an ALS Transport Ambulance Service. Board granted approval and authorized execution of Modification #3 to Fl. Dept. of Community Affairs Agreement 98- LM-4H-1554-01-044 extending the due date of the 3rd and 4th period deliverables to August 31, 1999 and October 31, 1999, respectively. Board granted approval and authorized execution of a Wasteworks Software License and Maintenance Agreement between Monroe County and Carolina Software, Inc., to complete the purchase of software and hardware for the Solid Waste Management Billing Office and Transfer stations. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the Monroe County Health Department for Small Quantity Hazardous Waste Assessment, Notification and Verification. Board accepted the monthly report on Change Orders reviewed by the County Administrator. .- Board granted approval for PSI, Inc., to perform Testing and Inspection services at the Jackson Square, Old Courthouse Renovation Project. Board granted approval to advertise for bids for repairs to Boca Chica Road at Geiger Key Bridge. - 99/156 Board granted approval to advertise for bids for janitorial service at the Harvey Government Center located Historic Truman School (excluding Tax Collector Section on floor) including the Nutrition site. at 1st Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Ecosystemactics, Inc., for the operation and maintenance of the Plantation Key Government Complex Sewage Treatment Plant, increasing the contract amount 1.7% (CPI). Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and Deputy George Rosemeyer to reside in one side of the duplex located on the Marr property, for an amount of rent and utilities totaling $400.00 per month. Board granted approval and authorized execution of a Contract (Letter of Engagement) between Monroe County and KPMG Peat Marwick to update the Fiscal Year 2000 Full Cost Allocation Plan and the OMB A-87 Cost Allocation Plan. - Board adopted the following Resolution amending Resolution No. 073-1999 (Sch. Item 1). RESOLUTION NO. 184-1999 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. 185-1999 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. 186-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 4). RESOLUTION NO. 187-1999 See Res. Book No. 142, which is incorporated herein by reference. -- Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 5). RESOLUTION NO. 188-1999 99/157 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 6). RESOLUTION NO. 189-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 7). RESOLUTION NO. 190-1999 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. 191-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 9). RESOLUTION NO. 192-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 10). RESOLUTION NO. 193-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 11). RESOLUTION NO. 194-1999 See Res. Book No. 142, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 12). RESOLUTION NO. 195-1999 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. 196-1999 See Res. Book No. 142, which is incorporated herein by reference. - 99/158 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 14). RESOLUTION NO. 197-1999 See Res. Book No. 142, which is incorporated herein by reference. Board granted approval and authorized execution of a Support Service Agreement between Monroe County and Anixter, in the amount of $7,500.00. Board granted approval and authorized execution of a Referral Agreement between Monroe County and the Visiting Nurse Association of the Florida Keys, effective 1/1/99 through 12/31/99. Board granted approval and authorized execution of Amendment 001 to 1998-99 Community Care for the Elderly Contract between Monroe County and the Alliance for Aging, Inc., amending Contract KG-851E. - Board granted approval to submit a proposal to apply for funding under the Older Americans Act Grant for Fiscal Year 2000 that will result in the execution of a contract in the amount of $560,413.00. This is including $94,600.00 in matching funds from the County. Board granted approval and authorized execution of a Referral Agreement between Monroe County and Marathon Adult Day Center, effective 6/30/1999 through 6/30/2000. Board granted approval to accept a grant from Florida Keys National Marine Sanctuary to continue lobster monitoring in marine reserve. Board granted approval and authorized execution of an Agreement between Monroe County and William Fitch, a local lobster fisherman. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation, to fund the General Aviation Parking Apron Project at the Marathon Airport. Board granted approval and authorized execution of a Contract between Monroe County and Aquatic Vegetation Control, Inc., for exotic plant control at the Key West International Airport and Marathon Airport. ,- Board granted approval and authorized execution of a Contract between Monroe County and JACO Electric to construct -- 99/159 Taxiway Airfield Lighting at the Marathon Airport. Board granted approval and authorized execution of a Purchase/Service Order, #98/99-08, between Monroe County and URS Greiner Woodward Clyde, for design, bidding, and construction phase services for the Marathon Airport Beacon & Tower Rehabilitation Project. Board granted approval and authorized execution of a Purchase/Service Order, #98/99-09, between Monroe County and URS Greiner Woodward Clyde, to perform a T-Hangar Feasibility study for the Key West International Airport. Board granted approval and authorized execution of Amendment 002 to Rate Agreement US-951 between Monroe County and the Alliance for Aging, Inc. This amendment decreases the total amount of the rate agreement by $223.00 due to reimbursement rate decrease. ~ Board granted approval and authorized execution of Modification No. 001 to contract #99EA-A9-11-54-01-018 between Monroe County and the Florida Department of Community Affairs. TOURIST DEVELOPMENT COUNCIL Board granted approval of a request to rescind a funding agreement between Monroe County and The Friends of the Islamorada Area State Parks, Inc., covering the Indian Key Festival on October 2nd and 3rd, 1999, in an amount of $22,500.00, FY 99, Two Penny, allocated under the cultural umbrella. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Hawk's Cay Resort and Marina to assign all rights and responsibilities of the 2nd Annual IGFA Junior Angler Benefit Tournament of September 19-20, 1998, in an amount not to exceed $5,000.00, Two Penny, allocated under the Fishing Umbrella to Saltwater Flats Fishing Association. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Caroline Street Corridor and Bahama Village Redevelopment Agency, City of Key West, for turtle pens project, in an amount not to exceed $31,000.00, DAC 1, FY 99, Third Penny. -- Board granted approval and authorized execution of Amendment II to Artificial Reef Preparation and Transport Agreement between Monroe County and The Legendary Key Largo 99/160 Chamber of Commerce, to state that obligations for the Spiegel Grove Artificial Reef Preparation and Transport Agreement must be completed by December 31, 1999 and evidence of insurance must be provided. CONSENT AGENDA/BULK APPROVALS Board adopted the following Resolution confirming the Administrative Boundary Interpretation of the Director of Planning in Land Use District Map Boundary Interpretation No. 106, concerning Lots 1-16, Block 2, El Dorado Heights, Key Largo, Monroe County, Florida, approximately Mile Marker 99. RESOLUTION NO. 198-1999 See Res. Book No. 142, which is incorporated herein by reference. Board granted approval of a 60-month lease on a Xerox DC220SX copier for the Growth Management Administration Office, at a cost of $332.40 per month, which includes supplies and maintenance (excluding paper and staples). - Board granted approval of a 36 month agreement on a Xerox 5890 copier for the Planning Department (Marathon Office), at a cost of $1,142 per month, which includes supplies and maintenance (excluding paper and staples) AND granted approval of the termination of a current lease agreement on Xerox Model 5388, Serial Number 3ET004976, with the installation of new equipment. Board granted approval of a request by Andrew J. Parker, President of Ankar Merchandising, Inc., for a refund in the amount of $29,853.95, paid by him on March 18, 1999 for transportation impact fees for the interior remodeling of a gas station into a convenience store. Board granted approval for the transfer of one buildable lot from Jack E. & Joyce M. Sweeting 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 No. 98-1-2475. Legal Description Lot 3, Block 5, Pine Key Yacht Club Estates, Big Pine Key. -- Board granted approval for one covenant restricting Erich and Marlis Bley to having only one dwelling unit on three contiguous lots. The applicants receiving a dwelling unit allocation award for the year ending July 13, 1999, have filed the document in accordance with Ordinance No. 116-1992. Permit No. 98-02-1325. Legal Description is Lots 6, 7 & 8, Block 6, Center Island, Duck Key. ---- 99/161 Board granted approval for the transfer of one buildable lot from Timothy J. Pack to Monroe County by Warranty Deed. The applicant 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 No. 98-1-0900. Legal Description is Lot 22, Block 2, Kinercha, Big pine Key. Board granted approval for the transfer of two buildable lots from Oliver Layfield & Janice J. Long, 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 No. 97-1-1444. Legal Description is Lots 23 & 24, Block 6, Ramrod Shores, Ramrod Key. GROWTH MANAGEMENT DIVISION ~ Board granted approval and authorized execution of a Project Agreement between Monroe County and Florida Department of Environmental Protection (DEP Agreement No. LE-246) to provide funding for a marine pump-out facility at the Florida Keys Marina at Marathon. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of the disposition of inventory items for the month of April, 1999. Said list is incorporated herein by reference. COMMISSIONERS' ITEMS Board approved Mayor Harvey's reappointment of Louis Schwartz to serve on the Human Services Advisory Board. Term to expire November, 2000. Board approved Commissioner Neugent's reappointment of John Rolli to the Human Services Advisory Board. Term to expire November, 2000. Board approved Commissioner Williams' appointment of Patricia H. Schmidt to the Human Services Advisory Board. Term to expire November, 2002. - Board granted approval to advertise a proposed Ordinance establishing emergency vehicle zones on private property; providing for penalties; providing for enforcement; providing for severability; providing for the repeal of all 99/162 ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. Board granted approval of the Monroe County Public Library Policies with the exception of page 3, Section 10-40; Membership, qualifications and terms for members of the Library Advisory Board. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: -- COURT REPORTER SERVICES, Associated Court Reporter, in the amount of $532.50; Esquire Deposition, in the amount of $534.80; Florida Keys Reporting, in the amount of $2,011.75; Fred Jeske, in the amount of $209.25; O'Brien & Levine, in the amount of $379.25; Official Reporting, in the amount of $60.00; Susan L. Davis, in the amount of $88.75; Susan McTaggart, in the amount of $38.48; Sharon Arnoult, in the amount of $252.50; Vicky Lynn Doty, in the amount of $641.25. COURT INTERPRETER, Alex Diaz, in the amount of $410.00; Augustin S~ De La Mora, in the amount of $564.82; Estrella Garcia, in the amount of $390.00; Eva Spain, in the amount of $25.00; Fl. Institute Interpreting, in the amount of $750.00; Jenine ouillett, in the amount of $35.00; Jiri Dolezal, in the amount of $145.00; John Trawinski, in the amount of $50.00; Marie C. Penot, in the amount of $25.00; Mary Lou Waas, in the amount of $500.00; Mayda Maloney, in the amount of $355.00; Sergio Alvarez, in the amount of $247.50; William Waddell, in the amount of $205.00. OTHER CIRCUIT COURT COSTS, David Burns, in the amount of $1,405.95; DNA Counselors, in the amount of $2,462.50; Avis Rent-A-Car, in the amount of $52.46; CES Consulting, in the amount of $500.00; Richard Wunsch, in the amount of $484.53; All Star Videotography, in the amount of $250.00; state of Florida, in the amount of $136.35; McGinnis & Associates, in the amount of $112.33. COURT APPOINTED ATTORNEYS FEES, Andrea Margalli, in the amount of $1,400.00; Charles Milligan, in the amount of $427.50; Christine Bollong, in the amount of $350.00; Christopher Meyer, in the amount of $900.00; David AUdlin, in the amount of $9,923.13; John Rotolo, in the amount of $971.25; Manuel Garcia, - 99/163 in the amount of $250.00; Larry Erskine, in the amount of $1,050.00; Maria Betancourt, in the amount of $3,000.00; Margaret Broz, in the amount of $1,852.00; Thornton McDaniel, in the amount of $i,477.50; Meyer & Erskine, in the amount of $350.00; Michelle Cates, in the amount of $717.15; victoria McFadyen, in the amount of $1,361.25; Laurie Hall, in the amount of $2,769.45; Mark Simms, in the amount of $2,500.00; Donald Yates, in the amount of $1,557.50; Leighton Morse, in the amount of $1,687.50. EXPERT WITNESS, Kaproth Consulting, in the amount of $850.00; Fl. Medico Legal Malpractice, in the amount of $375.00. COMPETENCY EVALUATION, A. Louis O'Connor, in the amount of $700.00; James Holbrook, in the amount of $800.00; Mary Ann Dutton, in the amount of $206.25; Thomas Hibberd, in the amount of $350.00; Guidance Clinic, in the amount of $300.00; Leslie Morgan, in the amount of $350.00. WITNESS COORDINATION, witness Travel & Per Diem, in the amount of $1,859.94; witness Payroll, in the amount of $295.00. ,- COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), #008527-#010716, in the amount of $17,961,994.46. Board officially approved the March 10, 11, and 24, 1999 Board of County Commission Meeting Minutes. COUNTY ATTORNEY Board granted approval of a Settlement Agreement in Mann v. Brooks and Monroe County. Board granted approval and authorized execution of two Statutory Deeds from Monroe County to Islamorada, Village of Islands, for certain roads and rights-of-way lying within Islamorada. Board granted approval of the following three members of the public to the Contractors Examining Board: Virginia Landwer, Joseph Betrick, Greg Sullivan, and alternate, Frank Toppino. - Board granted approval to advertise an Ordinance amending Section 13.5-5 by the addition of a prohibition against ~ 99/164 commercial use of parks or beach property without a lease or license from the County; 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 granted approval to advertise an Ordinance restricting the operation and docking of oversize commercial vessels to deep port zones; defining oversize commercial vessel, deep port zone, and residential area; providing liability and penalties; providing for severability; providing for repeal of inconsistent provisions; providing for inclusion in the Monroe County Code; 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 Coxon Lane, Cutthroat Harbor Estates, First Addition, Cudjoe Key, Florida. RESOLUTION NO. 199-1999 See Res. Book No. 142, which is incorporated herein by reference. ~ Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Administrator James Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval and authorizing execution of a Contract Agreement between Monroe County and the South Forida EmplOYment and Training Consortium, Contract No. 2B-99-22- 01, for the summer youth employment and training program. Roll call vote was taken with the fOllowing results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich Yes Commissioner Williams Yes Mayor Harvey No Motion carried. TOURIST DEVELOPMENT COUNCIL Commissioner Freeman discussed plans to conduct five -- (5) Public Hearings in the five (5) TDC districts in the month of June 1999 concerning impacts of tourism with the TDC reporting back to the BOCC. 99/165 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 an alley in Tavernier 2 SUbdivision, Tavernier, Florida. There was no public input. Motion was made by Commissioner williams and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 200-1999 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 approval of a Recommended Vested Rights Determination promulgated by the Vested Rights Hearing Officer. In Re: The application of Jeffrey L. Frye. 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. 201-1999 See Res. Book No. 142 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution transmitting to the Village of Islands a Recommended Order of Vested Rights which approved the application of Whale Harbor Inn, Inc. There was no public input. County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner williams and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 202-1999 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 approval of a Recommended Vested Rights Determination promulgated by the Vested Rights Hearing Officer, In Re: The application of MCF Framing & Trim, Inc. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 203-1999 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 approval of a Recommended Vested Rights Determination promulgated by the Hearing Officer, In Re: The application of David Richardson, Trustee and John W. 99/166 Thatcher, Trustee. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner williams to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 204-1999 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 approval Recommended Beneficial Use Determination promulgated by the Hearing Officer, In Re: The application of Lamar C. and Eula I. Beavers. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to continue the item until the County Attorney receives input from the Land Authority. 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 Hearing Officer, In Re: The application of Terence H. Williams. 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. 205-1999 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 approval of a Recommended Vested Rights Determination promulgated by the Hearing Officer, In Re: The application of George Raymond Parks. George Parks, Growth Management Director Tim McGarry, and 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. 206-1999 See Res. Book No. 142 which is incorporated herein by reference. The Board continued discussion of the above item. Motion was made by Commissioner Williams and seconded by Commissioner Freeman that at such time as the county planning department addresses a community plan for Key Largo, priority be placed on the Ocean Isle Estates Platted Subdivision. 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 Hearing Officer, In Re: The application of Patricia A. Saltzman. There was no 99/167 pUblic input. Motion was made by Commissioner Neugent and seconded by Commissioner williams to continue the item to the next regularly scheduled Board meeting in Key Largo on August 11, 1999. Motion carried unanimously. A Public Hearing was held concerning adoption of 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 clarifying 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 Declara~ion 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. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner williams to adopt the following Ordinance. Motion carried unanimously. -- ORDINANCE NO. 019-1999 See Ord. Book No. 51 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance prohibiting the discharge of sewage from vessels into the waters oPthe Florida Keys, within zones specified in this Ordinance to include Cow Key Channel, Boca Chica Channel, Newfound Harbor/Pine Channel, Bahia Honda Channel, Boot Key Harbor, Bonefish Harbor, Bonefish Bay, Cocoplum Bay, Long Key Bight, Little Basin Area, Windley Harbor Anchorage, Cowpens Anchorage, Community Harbor, Rock Harbor, Sunset Cove/Buttonwood Sound, Tarpon Basin, Blackwater Sound, Lake Surprise, and Pumpkin Key Anchorage; Providing that the owner's or operators of vessels with marine sanitation devices (MSD) that retain sewage and are present in these zones for more than fourteen (14) consecutive days must have the MSD pump out; Providing that the owners or operators of vessels without such devices that are in these zones must attach the vessel to shores ide pump-out facilities or berth ,-.. 99/168 the vessel at a marina with adequate sanitary facilities; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted pUblic input with the following individuals addressing the Board: Linda Yorde, Betty Vail, Capt. Mills, Skip Kruse, H. T Pontin, and Kirby Kay Scheiman. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ~ ORDINANCE NO. 020-1999 See Ord. Book No. 51 which is incorporated herein by reference. The first of two Public Hearing were held concerning adoption of an Ordinance providing for the creation of a Length of Service Award Plan providing benefits to eligible volunteer firefighters and emergency medical services volunteers retroactive to January 1, 1998. 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. Yvonne Harper, and Public Safety Director Reggie Paros addressed the Board. The second Public Hearing will be held at the June 9, 1999 BOCC meeting in Marathon at 10:00 A.M. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to reconsider Agenda item C.9 concerning adoption of a Resolution evidencing the Board's approval of a Recommended Vested Rights Determination promulgated by the Hearing Officer, In Re: The application of Patricia A. Saltzman. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to continue the Public Hearing to tomorrow's meeting (5-13-99) at 9:05 A.M. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner williams discussed with the Board outstanding Resolution No. 337-1998 adopted by the Board of County Commissioner's at their Special Meeting held on September 3, 1998, transmitting to the Florida Department of Community Affairs the request by Ida Welborn to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Residential Medium (RM) to Mixed Use/Commercial (MC) for property known as Lots 10 and 11, Resubdivision of Seaside, Section 14, -- Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, located at approximately mile marker 94.5. The real estate numbers are 00491650 and 00491660. Patty Speidel, - 99/169 representing the American Legion, County Attorney James T. Hendrick; Growth Management Director Tim McGarry and Clerk of Court Danny L. Kolhage addressed the Board. Mr. Kolhage informed the Board that his office had just received the Resolution and it had been processed. GROWTH MANAGEMENT Motion was made by Commissioner williams and seconded by Commissioner Reich to continue the consideration of a request by Keith Hughes for a Flood Variance for property located at 14 Angelfish Cay, Ocean Reef, Key Largo. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Code Enforcement Director Tom Simmons discussed his written report to the Board on the enforcement of the Vacation Rental Ordinance. Capt. MillS, Eugene Shinkevich and Paul Smith addressed the Board. GROWTH MANAGEMENT Comprehensive Planning Manager Kim Ogren discussed with the Board approval of the recommended team, led by Michael Design Associates, for the Overseas Heritage Trail Master Plan and permission for staff to begin contract negotiations with that team. Marie Kleman, June Helbling, Kenneth C. Bryant, Director Rails-To-Trails Conservancy, and Michael Design Associates addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval per Staff recommendation, of the team marked 1 (Michael Design Associates) by the review committee; directed Staff to negotiate Contract with that team; and submit proposed Contract for Board approval. Roll call vote was unanimous. COMMISSIONERS' ITEMS - County Engineer Dave Koppel and County Administrator James Roberts discussed with the Board the ball field lighting at the Key Largo Community Park. George Bosque, Chris Papy, Dan Kratish, representing the Monroe County Parks and Recreation Advisory Board; Fred Nickerson, Antonio Chaljub, representing TJ Builders; Norman Bray, representing Port Largo Consulting Engineers; Jerry Koenig and Ann Nickerson, representing Port Largo Homeowners Association addressed the Board. This matter 99/170 was referred to Staff. Commissioner Williams discussed with the Board a modification to the intersection of Card Sound Road and C905 for hurricane evacuation. Mr. Koppell addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Freeman directing to staff to communicate with the appropriate agencies to pursue a 30 MPH allowable speed at the intersection of C905 and Card Sound Road. RQll call vote was unanimous. commissioner Neugent discussed with the Board the potential crisis concerning the shortage of pre-school child care in the Lower Keys. DeWayne Kemp, Betty Vail, Sandi Kloza, owner of Banana Cabana Academy; and Capt. Mills addressed the Board. Growth Management Director Tim McGarry and County Attorney James T. Hendrick also addressed the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Williams directing Staff to accept applications for exemptions from non-profit agencies having a leasehold interest in real property who meet the criteria for the exemption in regards to policy 101.3.4. Roll call vote was unanimous. The Board discussed the membership and responsibilities of a Blue Ribbon Committee on affordable housing and develop any recommendations the Board deems appropriate. The Board discussed composition of the committee and appointments by each Commissioner. This item was referred to the Town Hall Meeting scheduled for May 27, 1999, 6:00 P.M., Marathon Government Center. Mayor Harvey discussed with the Board Venture Out at Cudjoe Cay, Inc. Florida's request for approval to replace RV's since Hurricane Georges' completely destroyed over 100 of their RV homes and mobile homes. Attorney Buck DeVane, Attorney Franklin D. Greenman, Armand P. Boissolle, Robert Kilmoyer and Thomas McGregor addressed the Board. Growth Management Director Tim McGarry; County Attorney James T. Hendrick, and Assistant County Attorney Garth Collar also addressed the Board. This item was referred to Staff. ----- Mayor Harvey discussed with the Board conducting a survey on the widening of the 18 Mile Stretch. Betty Vail, Eugene Shinkevich, Steve Gibbs, County Attorney James T. Hendrick and Supervisor of Elections Harry Sawyer addressed the Board. After discussion, motion was made by Mayor Harvey and seconded by Commissioner Reich to conduct a survey on the widening of the 18 mile stretch with direction to Staff to work with the Supervisor of Elections and come back to the Board. Roll call vote was taken with the following results: 99/171 commissioner Freeman No Commissioner Neugent No Commissioner Reich No Commissioner williams No Mayor Harvey Yes Motion failed. commissioner Reich and Commissioner Neugent excused themselves from the meeting. Motion was made by Commissioner Freeman and seconded by Commissioner williams to continue the remaining Agenda items to tomorrow's meeting, (05-13-99) except for the Public Hearings: C.9 - Adoption of a Resolution evidencing the Board's approval of a Recommended Vested Rights Determination promulgated by the Hearing Officer, In Re: The application of Patricia A. Saltzman. -- G.2 - Approval of award of bid to Rovel Construction for reconstruction of the roof of a 4-bay hangar at the Marathon Airport, and approval for the Mayor to execute contract, upon review by the County I.1 - Division of Public Safety report. Division of Public Works report. H.1 - J.4 - Approval of a Joint Participation Agreement (JPA) to fund and implement a Habitat Conservation Plan (HCP) for Big pine and No Name Keys. J.8 - Approval for an Affordable Housing Deed Restriction submitted by James T. Johnson. The applicant receiving a dwelling unit allocation award for the year ending July 13, 1999, has filed the document in accordance with Ordinance No. 16-1992. J.9 - Approval for an Affordable Housing Deed Restriction submitted by Phil Embry and one Restrictive Covenant from Tillman & Patricia Wood to have one dwelling unit on four contiguous lots. The applicants receiving dwelling unit allocation awards for the year ending July 13, 1999, have filed the documents in accordance with Ordinance No. 16-1992. K.1a - Growth Management report - Update on Rule Change for Comprehensive Plan. K.2 Update on legal issues - James T. Hendrick, - 99/172 Esq. K.6 Consideration for alternative programs for utilizing up to $1.2 million in grant and County finds to finance cesspit replacement between now and July 13, 2000 (end of ROGO year). L.1 Division of Management Services report. N.1 Approval from the BOCC to pay for six (6) 24" wreaths for the Harvey Government Center. N.3 translator. Reopen discussion on issues concerning the N.8 Discussion on the release of permits for the removal of illegal downstairs enclosures. N.13 - Approval of the BOCC to waive permit fees for demolition to various unsafe structures in the Lincoln Manor and Marathon Beach areas. -- O.la - County Administrator report - Public notice of first "Town Meeting" concerning Growth Management issues; May 27, 1999, 6:00 P.M., Marathon Government Center. O.lb - Public notice of Special BOCC meeting concerning major budget issues; May 24, 1999, 9:000 A.M., The Harvey Government Center at Historic Truman School. 0.2 Review of financial documents as prepared by the Office of Management and Budget. P.1 County Clerk report. County Attorney report. Q.1 R.2 Public Hearing for BOCC approval of Workers' Compensation settlement in the amount of $122,734.23, inclusive of attorney's fees. S.l Approval of a Resolution assigning the Code Enforcement Department to the Decision of Growth Management. Motion carried unanimously, with commissioner Reich and Commissioner Neugent not present. .- commissioner Reich and Commissioner Neugent returned to the meeting. 99/173 PUBLIC HEARINGS The first of two Public Hearings were held concerning adoption of an Ordinance amending Article VII Division 16 of the Monroe County Land Development Regulations, sections 9.5-232 through 9.5-253, Permitted Uses; and section 9.5-434, to establish regulations and standards for the zoning and management of wireless communications facilities within unincorporated Monroe County; Providing for severability; Providing for conflict with other Code provisions; and providing an effective date. After discussion, motion was made by Commissioner williams and seconded by Commissioner Freeman directing staff to prepare a revised draft Ordinance to be circulated to the speakers and the public, to continue with said Public Hearing to June 9 and 10, 1999 in Marathon, exempting the hearing from the Board's policy concerning hearing land use matters in Key West. Monroe County Comprehensive Planner Chad Meadows addressed the Board. .- The Board then accepted public input for the above hearing with the following individuals addressing the Board: Attorney David Paul Horan, representing Industrial Communications and private interests; Mark Baker, James Spesiak, representing Telecom Systems; Doug La Rue, representing WKLG and STAR 102.1 FM; David W. Freeman, representing Freeman Properties WKLG; Jacques Combeau, representing WKIZ-1500 AM Radio; David Harris and Richard Banks, representing Clear Channel Broadcasting; Lynda Yorde, Janice Drewing and Sandra Walters, representing Industrial Communications & Electronics; Jim Mosser, representing State Law Enforcement Communications of Florida; Soraya Hevia Kasper, representing Nextel Communications; and Eddie Bie, representing Sounds of Service Radio, Inc. County Administrator James Roberts also addressed the Board. Roll call vote was unanimous. - A Public Hearing was held concerning approval of a Worker's Compensation settlement in the amount of $122,734.23, inclusive of attorney's fees. Motion was made by Commissioner Reich and seconded by Mayor Harvey to continue the Public Hearing to tomorrow's meeting (5-13-99). Motion carried unanimously. A Public Hearing was held concerning adoption of an Ordinance amending Section 6.3-1, Monroe County Code, in order move the Code Enforcement 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. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner -- 99/174 Neugent to adopt the following Ordinance. unanimous. Roll call vote was ORDINANCE NO. 021-1999 See Ord. Book No. 51 which is incorporated herein by reference. Motion was made by Commissioner williams and seconded by Commissioner Neugent to adjourn the meeting. Motion carried unanimously. Clerk to the Board of County Commissioners of Monroe County ~o.L.J- c.. ~0~ Isabel C. DeSantis~ Deputy Clerk .-