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05/13/1998 Regular ~ 98/124 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 13, 1998 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 Keith Douglass, Commissioner Shirley Freeman, Commissioner Mary Kay Reich and Mayor Jack London. Absent was Commissioner Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James T. Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public. ~ All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to approve all additions, corrections and deletions. Motion carried unanimously. PRESENTATION OF AWARDS A Mayor's Proclamation was presented to the Florida Keys Healthy Start Coalition, whereas Monroe County recognizes May, 1998, as Teen Pregnancy Prevention Awareness Month. A Mayor's Proclamation was presented to the Cancer Survivors of Monroe County, whereas Monroe County recognizes June 7, 1998 as National Cancer Survivors Day. ~ A Mayor's Proclamation was presented to the National Association of Drug Court Professionals, whereas Monroe County recognizes June 1-7, 1998, as National Drug Court Week. A Mayor's Proclamation was presented to the Medical Professionals and Volunteers, whereas Monroe County recognizes May 17-23, 1998, as Emergency Medical Services Week. ~ 98/125 A Mayor's Proclamation was presented to the National Academy of Elder Law Attorneys, whereas Monroe County recognizes May, 1998, as National Elder Law Month. A Mayor's Proclamation was presented recognizing Kenneth Carll Knudsen, Jr. (K.C.), for attaining the rank of Eagle Scout. A Mayor's Proclamation was presented designating May 16-23, 1998, as National Safe Boating Week BULK APPROVALS Board granted approval and authorized execution of an Agreement between Monroe County and Wheeled Coach, for the purchase of one Type 1, 1999 Ford Super Duty Emergency Medical Care Vehicle (Ambulance), in the amount of $100,217.00. ~ Board granted approval to remove surplus equipment from inventory and advertise for bids or dispose. Said list in incorporated herein by reference. Board granted approval and authorized execution of a Renewal of Workers Compensation Services Agreement between Monroe County and Vincam Occupational Health Systems, Inc., from 11/1/98 to 9/30/99, in the amount of $20,500.00, in accordance with Florida Statute 440. Board adopted the following Resolution concerning the Transfer of Funds from reserves to the BOCC Administrative Account for a $5,000.00 reward for information leading to the arrest and conviction of the individual or individuals responsible for the bomb incident at the Long Key Recycling Center. RESOLUTION NO. 165-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item 1). RESOLUTION NO. 166-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item 2). ~ RESOLUTION NO. 167-1998 See Res. Book No. 138, which is incorporated herein by reference. ~ 98/126 Board adopted the following Resolution amending Resolution No. 456-1997 (OMB Schedule Item 3). RESOLUTION NO. 168-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 4). RESOLUTION NO. 169-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 5). RESOLUTION NO. 170-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 6). ~ RESOLUTION NO. 171-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 7). RESOLUTION NO. 172-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 8). RESOLUTION NO. 173-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 9). ~ RESOLUTION NO. 174-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item 10). RESOLUTION NO. 175-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item 11). ~ 98/127 RESOLUTION NO. 176-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 367-1997 (OMB Schedule Item 12). RESOLUTION NO. 177-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 13). RESOLUTION NO. 178-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item 14). RESOLUTION NO. 179-1998 See Res. Book No. 138, which is incorporated herein by reference. ~ Board adopted the following Resolution amending Resolution No. 131-1998 (OMB Schedule Item 15). RESOLUTION NO. 180-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 16). RESOLUTION NO. 181-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item 17). RESOLUTION NO. 182-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 18). RESOLUTION NO. 183-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 19). ,--- RESOLUTION NO. 184-1998 See Res. Book No. 138, which is incorporated herein by reference. ~ 98/128 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item 20). RESOLUTION NO. 185-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 21). RESOLUTION NO. 186-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 22) . RESOLUTION NO. 187-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item 23). ~ RESOLUTION NO. 188-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 143-1998 (OMB Schedule Item 24). RESOLUTION NO. 189-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of a Disaster Relief Funding Agreement, DCA Agreement No. 98-RM-N4-11- 54-20-031, FEMA Project Application No. 087-91001, between Monroe County and the Florida Department of Community Affairs, Office of State Public Assistance, providing funding to offset costs associated with Disaster 1204, the Groundhog Day Storm. Board granted approval and authorized execution of a Disaster Relief Funding Agreement, DCA Agreement No. 98-RM-N4-11- 54-01-029, FEMA Project Application No. 087-00000, between Monroe County and the Florida Department of Community Affairs, Office of State Public Assistance, providing funding to offset costs associated with Disaster 1204, the Groundhog Day Storm. Board granted approval and authorized execution of a Blanket Purchase Agreement between Monroe County and the Department of the Navy concerning the housing, feeding and humane ,--- disposal of stray/abandoned animals impounded by NAS Security personnel in Navy housing areas and brought to the shelter. ,.-. R.e.vi 5' on 98/129 Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West concerning distribution of the proceeds of the six cent local option gas tax funds. Board granted approval to waive Purchasing Policies and Procedures and award contract to lowest, most responsible bidder to correct deficiencies with the Sheriff's Administration and Detention Center generator fuel system. Board granted Award of Bid and authorized execution of a Contract between Monroe County and L & N Dependable Janitorial, Inc., to provide janitorial service to Marathon Buildings, in the amount of $3,200.00 per month/$38,400.00 per year. - Board granted Award of Bid and authorized execution of a Contract between Monroe County and Landis & Staefa, Inc., to provide certification, maintenance and testing for the Detention Facility Fire Alarm System, Building Automation System, 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 approval to revise the "Use of County Property" Policy by amending Section 3, Page 1, so that agencies desiring an admission fee greater than $10.00 per person will require BOCC approval for their event. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Office between Monroe County and Sheriff Deputy Glenn Shipe to reside in the trailer located at Harry Harris Park, in the amount of $175.62 for water, sewer/septic, electricity and solid waste per month, plus $224.38 for rent. '* Board granted approval to readvertise a modified Request for Bids for a vehicle and equipment parts and supply distributor who could also provide mUltiple services. Board granted approval and authorized execution of a Standard Commercial Multi-Tenant Lease between Monroe County and Greyhound Lines, Inc., for space at the Key West International Airport Adam Arnold Annex. - Board granted approval and authorized execution of a Joint Participation Agreement, Contract No. AF 724, between ~ 98/130 Monroe County and Florida Department of Transportation, to fund a new electrical vault at the Key West International Airport. Board granted approval to rescind an Agreement between Monroe County and Florida Gulf Airlines, for operations at the Marathon Airport. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $2,218.00, for the emergency repairs to Channel Markers #1, #3, #4 and #6 located in the seaward entrance to Geiger Key AND granted approval and authorized execution of a Contract between Monroe County and Spirit Marine Towing & Assistance for the emergency repairs of Channel Markers #1, #3, #4 and #6 in the seaward entrance to Geiger Key. RESOLUTION NO. 190-1998 See Res. Book No. 138, which is incorporated herein by reference. ~. Board granted approval and authorized execution of a Grant Agreement between Monroe County and Florida Department of Environmental Protection - Special Waterways Project Program, in the amount of $100,000.00, to be matched with Boating Improvement Funds for the installation of Channel Markers throughout the Keys. Board granted Award of Bid and authorized Execution of a Contract, after legal and fiscal review, between Monroe County and Ameritech Corporation, for library automation and retrospective conversion. Board granted approval and authorized execution of a HCBS/Medicaid Waiver Referral Agreement between Monroe County/Monroe County In-Home Services, and Marathon Adult Day Center, to provide respite services to Medicaid eligible In-Home Service clients. Board granted approval and authorized execution of a Senior Community Service Employment Program (SCSEP) Modification of Subgrant between Monroe County and The National Council on the Aging, Inc., in the amount of $11,344.00. Board granted approval to purchase two (s) new 1998 Transportation Buses in the total amount of $88,604.70, piggybacking on current Contract #CA97-02 Florida Vehicle Procurement Program, Florida Department of Transportation. -- Board granted approval and authorized execution of a Contractual Agreement between Monroe County and The South Florida EmploYment and Training Consortium for Title lIB Summer Youth -- 98/131 EmploYment and Training Program. Board granted approval and authorized execution of a Contract between Monroe County and William Fitch, a local lobster fisherman, in an amount not to exceed $9,000.00, to assist in the evaluation of the effectiveness of the Western Sambos Ecological Reserve toward enhancing local lobster abundance. Board granted approval to submit a grant to Florida Keys Area Health Education Center, Inc. (AHEC) to provide funding for targeted nutrition education teaching materials to be distributed through Aids Help, Inc. Board granted approval to rescind the FY98 Anti-Drug Abuse Act Funds Agreement between Monroe County and the Boys and Girls Club of the Keys Area AND granted approval and authorized execution of the following Agreements, pending state approval. ~ Modification to Anti-Drug Abuse Act Funds Agreement between Monroe County and the Care Center for Mental Health - Juvenile Community Intervention Program. Modification to Anti-Drug Abuse Funds Agreement between Monroe County and the u.s. Fellowship of Florida, Inc., d/b/a Heron Residential Program for Dual-Diagnosed Adults I. Modification to Anti-Drug Abuse Act Funds Agreement between Monroe County and the Florida Outreach Coalition, Inc., d/b/a The Sunshine House. Board granted approval to Advertise for Bids for air conveyance system cleaning at the Marathon Government Center and the Marathon Government Center Annex. Board granted approval of a Death Benefits PaYment to Ms. Stella Alexander and dependent children, in the amount of approximately $100,000.00 from the Workers' Compensation Fund 501, per Florida Statute 440. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe County and Florida Keys Renaissance Faire, Inc., covering the Pirates in Paradise Festival, in an amount not to exceed $12,760.00, FY 98, allocated under the -- Cultural Umbrella, to change the date of the event from May 2-3, 1998 to November 21-22, 1998, and the venue for the event from Sombrero Beach, Marathon, to the Buccaneer Resort and Marina, -- 98/132 Mile Marker 48.5 in Marathon. All other provisions of the Agreement dated October 15, 1997 shall remain in full force and effect. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Italian Fisherman Restaurant Cudawear All Release Flats Tournament on August 7-9, 1998, in an amount not to exceed $2,000.00, FY 98, Two Penny, allocated under the Fishing Umbrella. Board granted approval to rescind permission to advertise a Request for Proposal for visitor Information Services. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Holiday Isle Resort & Marina covering the "Islamorada Offshore Challenge" on October 3, 1998, in an amount not to exceed $15,000.00, FY 98, Third Penny DAC IV allocation. -- Board granted approval to rescind a Turnkey Funding Agreement between Monroe County and Naval Air station Key West covering Naval Air Station Key West Open House/Air Show and Spanish American War, in an amount not to exceed $15,000.00, with an additional $15,000.00 for the participation of either the Blue Angels or Thunderbirds in this event, FY 98, DAC I, Third Penny. This event will not be held this year due to the fact that the event coordinator could not contract with either the Blue Angels or Thunderbirds. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Key West Festivals, Inc., covering Hemingway Days, July 17-26, 1998, in an amount not to exceed $42,000.00, FY 98, Third Penny, DAC I allocation. Board granted approval of the purchase of 20 personal computers from Dell at a cost of $28,080.00. The computers will be installed at the five Chambers of Commerce for use in providing Visitor Information Services. CONSENT AGENDA/BULK APPROVALS Board granted approval to seek permits to place Channel Markers in the waters adjacent to the perimeter canal at Hammer Point. ~ Board granted approval of the transfer of one buildable lot to Monroe County by Warranty Deed: Permit No. 97-1-1845, ~ 98/133 Roger Corliss and Diane Corliss, Lot 22, Block 4, Torch Key Estates, Middle Torch Key. Board granted approval and authorized execution of a Contract between Monroe County and the Florida Department of Environmental Protection, DEP Contract No. SP439. Board adopted the following Resolution authorizing Lewis Environmental Services, Inc. to subcontract the remaining work under the existing contract to develop a Revised Habitat Evaluation Index (HEI), sections 9.5-336 through 9.5-342, Monroe County Land Development Regulations, to Jon Guerry Taylor, P.E., Inc., and extending the completion date for all remaining contract deliverables to August 12, 1998. RESOLUTION NO. 191-1998 See Res. Book No. 138, which is incorporated herein by reference. -- Board granted approval to allow the County Administrator to sign a time extension amendment to Contract SP439 between Monroe County and the Florida Department of Environmental Protection. Board granted approval for nine Affordable Housing Deed Restrictions and transfer of seven buildable lots to Monroe County by Warranty Deed. Pursuant to Ordinance No. 016-1992, these documents have been filed by the applicants receiving a Dwelling unit Allocation Award for quarters ending October 13, 1997, and January 13, 1998. 7 Lot Dedications to Monroe county Permit Name on Name on Legal Number Agenda Item warranty Deed Descriotion 98-1-0124 Gordon & Karen Gordon L. Sharp & Lot 3, Blk 25 Sharp Karen M. Sharp Palm Villa 98-1-381 Paul depoo Paul depoo and Lot 7, Blk 16 Marsha depoo Eden Pines Colony 98-1-074 Stephen & Rochele Stephen M. Miller Lot 8, Blk 16 Miller & Rochele L.Miller Eden pines Colony ,.-. 97-1-1874 William Geiger William A. Geiger Lot 12,Blk 22 Port pine Hts. 2nd Addition ~ 98-1-017 Kent & Barbara Krantz 98-1-0316 Frank O'Connor 98-1-0235 John Hintlian Kent N.Krantz & Barbara A.Krantz Frank O'Conner & Toni O'Conner Jeffery McBearty Sondra A.McBearty 98/134 Lot 4,Blk 25 Palm Villa Lot 2, Blk 7 Palm Villa Lot 23,Blk 2 Palm Villa 9 Affordable Housing Deed Restrictions Permit Number Name on Aqenda Item 98-3-0445 Rudolph Albrecht 98-3-197 Michael & Lori Manfre ~ 98-3-0214 Chester Kaczka 97-3-2946 Patricia Ward 97-3-3795 Gildamric Corporation 97-3-3796 Gildamric Corporation 97-3-3797 Gildamric Corporation 97-3-3798 Gildamric Corporation 97-3-3799 Gildamric ,--- Corporation Name on Deed Restriction Legal Description Rudolph E.Albrecht Lot 3,Tract 1 & Valeriegail Silver Shore Albrecht Mike & Lori Manfre Lots 17 & 18, Blk 9,Pirates Cove Chester C.Kaczka Patricia Ward Gildamric Inc. Gildamric Inc. Gildamric Inc. Gildamric Inc. Gildamric Inc. Lot 15,Blk 1 Gulfstream Shrs Lot 15,Blk 3 Crosskey Waterway Tract E Tradewinds unit D-1 Tract E Tradewinds Unit D-2 Tract E Tradewinds Unit D-3 Tract E Tradewinds Unit D-4 Tract E Tradewinds unit D-5 ~ 98/135 MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of request for expenditures from the Law Enforcement Trust Fund in the total amount of $7,333.00: $ 333.00 Additional ultraviolet light viewing equipment for use at crime scenes. $2,000.00 Help offset cost of summer day camp run by the Salvation Army in Key West. $5,000.00 Monroe County School Board to fund travel costs associated with the Odyssey of the Mind competition. Board granted approval of disposition of inventory items for the second quarter of FY 97/98. Said list incorporated herein by reference. COMMISSIONERS' ITEMS -- Board approved Commissioner Freeman's appointment of Edward Ditterline to the Library Advisory Board. Board approved Commissioner Harvey's appointment of Louis Schwartz to serve on the Florida Keys Council for the Handicapped. Board granted approval of a Purchase Order to Xerox Corporation for 60 months rental of a Xerox DC220 Copier. Piggyback on Putnam County Contract. Cost of $267.25 per month (price fixed at .0174 per print for term) inClUding maintenance and all supplies except paper. Board granted approval for Commissioner Wilhelmina Harvey and Ms. Emma Cates, Chairman of the Monroe County Beach Advisory Board, to attend the Beach Law Conference on "Emerging Trends in Beach Erosion and Sand Rights Law". The Conference will be held June 3-5, 1998 at Southseas Plantation, Captiva Island, Florida. .- Board approved Commissioner Douglass' appointment of Paul Winkeljohn to the Local citizens Task Force replacing Alice Skinger who has resigned. Board granted approval to advertise an Ordinance providing for definitions; prOhibiting the discharge of sewage from vessels into the waters of Boot Key Harbor; providing that the owners or operators of vessels with Marine Sanitation Devices ,.-. 98/136 (MSD) that retain sewage and are present in Boot Key Harbor for hours must have the MSD pumped out; providing that the owners or operators of vessels without such devices that are in Boot Key Harbor for hours must attach the vessel to shores ide pump-out facilities or berth the vessel at a marina with adequate sanitary facilities; providing for severability; providing for the repeal of Ordinances inconsistent herewith; providing for inclusion in the Code of Ordinances; providing for an effective date. Board granted approval to name the Plantation Key Senior citizens Center after Eva steinka. COUNTY ADMINISTRATOR Board approved the appointment of Paula Wolgast Shea to the Health and Human Services Board. ~ Board granted approval of the following appointments to the Older American Advisory Board to replace members whose terms have expired or have resigned: Norma Faraldo, Henry Hughes, Dallas McDonald, Alice Keaton and Louis Schwartz. Board confirmed the County Administrator's appointment of Thomas C. Simmons as Director of the Department of Code Enforcement. Board granted approval of florist expenses related to the recent terminal illness of John Connolly in the amount of $46.50 from the BOCC Promotional Account. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, The Care Center for Mental Health, in the amount of $4,900.00; Guillermo Marcovici, in the amount of $4,050.00; James Holbrook, in the amount of $2,450.00; A. Louis O'Connor, in the amount of $300.00; Leslie Morgan, in the amount of $700.00. EXPERT WITNESS FEES, DRS Aronson Traina & Ibar, in the ~ amount of $100.00; Lester Grinspoon, in the amount of $900.00; Psychological Associates, in the amount of $975.00; University of Miami School of Medicine, in the amount of $2,500.00. ~ -- .- 98/137 WITNESS COORDINATION, Travel and Per Diem, in the amount of $1,733.51; Payroll, in the amount of $645.00; Miscellaneous Expenses, in the amount of $409.26. COURT ORDERED ATTORNEY CONFLICT, Carl Palomino, in the amount of $952.50; Charles Milligan, in the amount of $1,015.50; Christopher Meyer, in the amount of $585.00; Cunningham, Albritton, Miller, Heffernan, Crimella & Hamilton, in the amount of $1,540.00; David Hutchison, in the amount of $3,829.28; Jason smith, in the amount of $23,006.25; Laurie Hall, in the amount of $350.00; Manuel Garcia, in the amount of $15,431.25; Peary Fowler, in the amount of $455.00; Stephen Isherwood, in the amount of $1,616.25; Thornton McDaniel, Jr., in the amount of $1,050.00. TRAVEL EXPENSES, Conflict Attorney Travel & Per Diem, in the amount of $4,045.42. SHERIFF EXTRADITION, Richard D. Roth, in the amount of $23,283.97. COURT REPORTER SERVICES, Amy Landry, in the amount of $670.50; Associated Court Reporters, in the amount of $4,174.19; Caplan Markowitz Kaye, in the amount of $40.00; Cavalier Reporting, in the amount of $32.20; Florida Keys Reporting, in the amount of $3,694.90; Jane McGill, in the amount of $43.00; Julie Carr, in the amount of $33.75; Laws Reporting, Inc., in the amount of $326.50; Accent Reporting Service, in the amount of $512.00; Susan Davis, in the amount of $19.00; Robin Milliken, in the amount of $73.70; Suzanne Ex, in the amount of $637.50; vicki Lynn Doty, in the amount of $1,742.75; Vouvakis Associates, in the amount of $262.90; O'Brien & Levine, in the amount of $184.50; Mudrick Witt, in the amount of $310.80; Agren Reporting, Inc., in the amount of $50.26; Narup, in the amount of $262.50. COURT INTERPRETER, Danielle Barcomb, in the amount of $35.00; Estrella Garcia, in the amount of $805.52; Isabel Conroy, in the amount of $90.00; JR Alaylon Forti, in the amount of $385.00; Jenine Ouillette, in the amount of $25.00; Jiri Dolezal, in the amount of $55.00; Jose Menendez, in the amount of $1,057.68; Julia Seward, in the amount of $75.00; Julie Anne Nielsen, in the amount of $155.00; Lee Konovalov, in the amount of $25.00; Loan Fernandez, in the amount of $75.00; Marie Penot, in the amount of $25.00; Mary Lou Waas, in the amount of $270.00; Mayda Maloney, in the amount of $360.00; Racheal Rademaker, in the amount of $35.00; Rosana Giorgio, in the amount of $140.00; Sergio Alvarez, in the amount of $317.68; Shirley Rivera, in the amount of $25.00; ute Rohe, in the amount of $50.00; William Waddell, in the amount of $410.00. ~ 98/138 MISCELLANEOUS EXPENSES ALL, state of Florida, in the amount of $181.65; Fran Carlton, Orange County Clerk, in the amount of $30.00. COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), 304644-306615, in the amount of $9,457,804.86. Board approved the County Commission Meeting Minutes of March 11, 12 & 27, 1998. Board approved the reV1Slon of BOCC minutes page 98/57 from the Special BOCC meeting of February 23, 1998. Change the word "purchase" to the word "rent" in the first paragraph under the area of Solid Waste Management. -- Board approved an extension of time for the submission of the budget of the Clerk of Circuit Court for Fiscal Year 1998- 99 to June 15, 1998. COUNTY ATTORNEY Board granted approval to advertise an Ordinance revlslng Section 6-56, Monroe County Code, in order to include in the scope of services of Class I General Engineering Contractor, certain concrete work; 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 and authorized execution of a Consulting Contract between Monroe County and Graham & Moody to conduct lobbying activities on behalf of Monroe County. Board adopted the fOllowing Resolution clarifying the scope of Vested Rights, in re: The Application of Driscoll Properties, Inc. * This item is reconsidered later in the meeting and amended. RESOLUTION NO. 192-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution agreeing to -- participation in the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission; authorizing and directing execution and delivery of a Loan Agreement with the -- 98/139 Florida Local Government Finance Commissionj authorizing the borrowing of not exceeding $1,000,000 pursuant to the terms of the loan agreement in order to finance certain computer network systemsj authorizing the execution of a loan note or loan notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non- ad valorem revenues as provided in the loan agreementj authorizing the execution and delivery of such other documents as may be necessary to effect such borrowingj and providing an effective date. RESOLUTION NO. 193-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval of the following Resolutions approving five Recommended Orders of Vested Rights, with modifications: -- Board adopted the following Resolution evidencing the Board's approval of a Recommended Order of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, in re: The Application of Taylor Point Corp. RESOLUTION NO. 194-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval, subject to a specified revision, or a Recommended Order of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, in re: The Application of Frank and Edith Parmer. RESOLUTION NO. 195-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval of three Recommended Orders of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, in re: The applications of Beauty Development Corp., George RaYmond Parks, and Charles E. Matthews, Jr. RESOLUTION NO. 196-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval to execute a Satisfaction of Mortgage for payoff received on a Mortgage to Monroe County under the SHIP Program for First Time Homebuyers. -- Board granted approval to advertise an Ordinance defining personal watercraftj prohibiting the operation of -- 98/140 personal watercraft on the waters of Boot Key Harbor and within 1200 feet of the shoreline from Higgs Beach, Little Duck Key, Sombrero Beach, Islamorada Beach, Ann's Beach, Harry Harris Park, Sea Oats Beach, Port Antigua Beach, White Marlin Beach, Safety Harbor Beach, and the Florida Keys wild Bird Center, certain waters adjacent to Ocean Reef, and also prohibiting the operation of personal watercraft within the Western Sambos Ecological Reserve; providing a procedure for the adoption of additional personal watercraft prohibition zones; providing that Monroe County agrees to hold the Florida Department of Environmental Protection harmless for any liability incurred as a result of the negligent posting of personal watercraft prohibited markers; providing penalties for violations; providing for exemptions; providing for severability; providing for the repeal of Ordinances inconsistent herewith; providing for inclusion in the Code of Ordinances; providing for an effective date. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS -- Communications Director Gerald N. Leggett and County Administrator James Roberts addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granted approval to create a new position titled "911 Data Base Coordinator" at a Pay Grade 7. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. The Board discussed approval of the Monroe County Safety Policies and Procedures Manual. Motion was made by Mayor London and seconded by Commissioner Douglass granting approval of the manual. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning the consideration of an Administrative Relief Application filed by Mr. Agustin de -- la Vega for Lot 24, Block 0, Sunset Acres SUbdivision, Tavernier. Building Permit Application #93-3-11810. Linda Miller with Schwartz Property Realtors and on behalf of Mr. de la Vega ,.-. 98/141 addressed the Board. Planning Director Timothy McGarry addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to rescind staff recommendation: Grant issuance of a building permit, subject to availability of a cesspit credit. After discussion, the motion was withdrawn. The Board took no official action. A Public Hearing was held concerning the consideration of an Administrative Reef Application filed by Mr. George Scott for Winston Park Subdivision, Lot 8, Block 1, section 22, Township 61, Range 39, Monroe County. Building Permit Application #93-3-11905. Mr. George Scott addressed the Board. Motion was made by Mayor London and seconded by Commissioner Freeman directing the Land Authority Director to contact Mr. Scott to negotiate a contract for the purchase of his lots. Motion carried unanimously. Planning Director Timothy McGarry and Growth Management Director Bob Herman addressed the Board. -- 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 the right-of-way between Parcels C & D, Burlington Heights, Key Largo, Florida. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 197-1998 See Res. Book No. 138 which is incorporated herein by reference. A Public Hearing wad held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of West Canal Drive, Harbor Shores, Key Largo, Florida. There was no pUblic input. Motion was made by Commissioner Douglass and seconded by commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 198-1998 See Res. Book No. 138 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance relating to appropriation of County funds; Making Legislative findings regarding a proposed amendment to the Florida Constitution that would relieve county taxpayers and residents of the burden of paying for the State Court System and shift the burden to the State; directing a transfer of $22,623 from the reserves in the county general fund to a political -- committee to support the contemplated constitutional amendment; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation -- 98/142 into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. County Attorney James T. Hendrick and Clerk of Court Danny L. Kolhage addressed the Board. After Board discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman to continue the item to the next Board meeting. Motion carried unanimously. LAND AUTHORITY (SITTING AS THE COUNTY COMMISSION) Motion was made by Mayor London and seconded by Commissioner Douglass to defer action for the approval of a Contract to purchase Block 21, Lots 23-32, Coco Plum Beach Subdivision until Thursday, May 14, 1998. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes .- Motion carried. MISCELLANEOUS BULK APPROVALS The Board discussed approval to advertise a Request for Proposal for a Risk Management-Employee Benefit Consultant. County Administrator James Roberts addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval of the advertisement. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS -- The Board of Governors of District #1 Lower and Middle -- 98/143 Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Shirley Freeman, commissioner Arthur C. French, Commissioner Yvonne Harper, Mayor Jack London and Chairman Keith Douglass. Public Safety Director Reggie Paros addressed the Board. Motion was made by Mayor London and seconded by Commissioner French granting approval and authorizing execution of an Agreement between the Board of Governors - Lower and Middle Keys Fire & Ambulance District and Wheeled Coach for the purchase of one Type 1, 1999 Ford Super Duty, Emergency Medical Care Vehicle (Ambulance), for a total dollar amount of $100,217. Motion carried unanimously. Motion was made by Commissioner French and seconded by Mayor London to adopt the following Resolution of the Board of Governors of the Lower & Middle Keys Fire and Ambulance District, Monroe County, Florida, authorizing the Mayor of Monroe County, to sign and execute on behalf of Monroe County and Interlocal Agreement with the School Board of Monroe County for the use of business property for temporary housing of EMS personnel. -- RESOLUTION NO. 199-1998 See Res. Book No. 138 which is incorporated herein by reference. Mr. Paros gave the Board the status on hiring of Emergency Medical Technicians (EMT's) and the status of the Length of Service Awards Program (LOSAP). 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. MISCELLANEOUS BULK APPROVALS The Clerk read into the record a letter from the Upper Keys Athletic Association - Ladies Softball League. Public Works Director Dent pierce and County Administrator James Roberts addressed the Board concerning the approval of a month to month Lease Agreement with Mr. Robert Cangelosi for the Harry Harris Park Concession Stand in the amount of $800/mo. (5% of total -- gross proceeds to be donated to the Upper Keys Athletic Association + 5% of total gross proceeds to be donated to the Florida Keys Childrens Shelter), pending review of requirements ,.-. 98/144 by Growth Management. The six month lease agreement with Mr. Cangelosi will expire on June 30, 1998, and he has requested renewal. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to prepare a Request for Proposal for Services and continue with the present lease for an additional 30 days. Motion carried unanimously. Mr. pierce and Mr. Roberts addressed the Board. After Board discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval to modify the fee structure for after hour use of County meeting rooms. (EOC Marathon & Harvey Government Center located @ Historic Truman School). Additionally, meeting room request form revision to include fee adjustment. Recommended to change hourly rate from $30.80 to $38.14 for after hour, weekend, and holiday meetings said fee mandatory regardless of an organizations non-profit status. (Government Agencies Exempt) Motion carried unanimously. -- County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval to issue a Purchase Order to T.P.S., Inc., in the amount of $50,280 for additions and modifications at the Crawl Key Fire Training Facility. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London No Motion failed. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing execution of Change Order No. 7 between Monroe County and D. L. Porter Construction, Inc., in the amount of $36,653 for the Key West International Airport Terminal Renovations. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. -- County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval to award bid and to enter into a Contract with the lowest responsive bidder for the Lester ~ 98/145 Building Enclosure at Jackson Square in an amount not to exceed $340,000 and authorized execution of same. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval to award bid and enter into a Contract with the lowest responsive bidder for the Partial Renovation of the Courthouse Annex at Jackson Square in an amount not to exceed $584,000 and authorized execution of same. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes -- Motion carried. INDUSTRIAL DEVELOPMENT AUTHORITY commissioner Douglass discussed with the Board a request for the County Commission, in its capacity as the Monroe County Industrial Development Authority, declare the $30,000 balance remaining, be declared surplus and be remitted to the Monroe County Board of County Commissioners for future use. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to approve the item. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Community Services Director Peter Horton addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to approve the fOllowing: -- Adoption of a Resolution and execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV03A2621, DV03A2622, & DV03A2623 located off of the Fairgrounds, Key West. RESOLUTION NO. 200-1998 ~ 98/146 See Res. Book No. 138 which is incorporated herein by reference. Adoption of a Resolution and execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV03A2612 located off of Smathers Beach, Key West. RESOLUTION NO. 201-1998 See Res. Book No. 138 which is incorporated herein by reference. Motion carried unanimously. Mr. Horton addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval to obtain emergency cleaning services for the Key West International Airport, Monday through Friday, from 6:00 p.m. to midnight, until a new cleaning service is selected and under new contract. Board also granted approval to advertise an RFP for contract cleaning services at Key West International Airport. Motion carried unanimously. -- DIVISION OF PUBLIC SAFETY Public Safety Director Reggie Paros discussed with the Board the translator system and a document entitled Monroe County TV Translator System - Cost Estimates. The Board took no official action. COMMISSIONERS' ITEMS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Resolution of the County Commission supporting the efforts of the Economic Development Council of Marathon to enter into a Consulting Contract for the development of a Strategic community Plan. Roll call vote was unanimous. RESOLUTION NO. 202-1998 See Res. Book No. 138 which is incorporated herein by reference. DIVISION OF PUBLIC WORKS ~. County Engineer Dave Koppel, County Administrator James Roberts, and County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting authorization to proceed with additional work on construction projects, in advance of BOCC -- 98/147 action, when construction would otherwise be delayed. After discussion, the motion was withdrawn. The item was continued to the June meeting. CONSENT AGENDA / BULK APPROVALS Growth Management Director Bob Herman addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of a Flood Variance Application for Brownlow Hyder for a detached 1500 SF garage below base flood elevation for parking only on property located on Lot 2, Block 61, Crains Subdivision, Grassy Key. Motion carried unanimously. .- County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Douglass and seconded by commissioner Freeman granting approval to authorize the law firm of Morgan & Brookes to hire steven M. Goldsmith, P.A. in accordance with the Letter of Engagement on General civil Litigation; authorization of payment in the amount of $11,910.10 for services and expenses incurred to date by Steven M. Goldsmith, P.A., as well as future expenses which may be incurred in an amount not to exceed $20,000 in accordance with the Letter of Engagement. Johnny O'Daniel addressed the Board. Roll call vote was taken with the following results: commissioner Douglass Yes commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. MISCELLANEOUS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman acknowledging receipt of the following Resolutions: Resolution No. 05-1998 of the Local citizens Task Force on Wastewater recommending that the BOCC consider whether conferring upon the Florida Keys Aqueduct Authority (FKAA) broad and exclusive jurisdiction over wastewater in Monroe County, has merit. -- Resolution No. 06-1998 of the Local citizens Task Force on Wastewater indicating that the cost of meeting the current department of health injection well standard is unreasonable and REVISION -- 98/148 unattainable and suggesting a course of action concerning changes to 64E-6, F.A.C. Resolution of the Local citizens Task Force on wastewater strongly recommending to the BOCC that a public referendum be mandatory for any bond issue by the FKAA involving wastewater. Roll call vote was unanimous. SOUNDING BOARD Mr. Johnny O'Daniel updated the Board on incorporation. The Board took no official action. Mr. Gene Flynn addressed the Board regarding the resurfacing of County roads through federal funding. The Board took no official action. -- Ms. Joy Boleda addressed the Board in reference to a Road Abandonment Petition Palma Sola SUbdivision, Key Largo. The Board took no official action. COMMISSIONERS' ITEMS commissioner Douglass discussed with the Board the concept of Community Councils. Johnny O'Daniel addressed the Board. The Board took no official action. Mr. Tom Fouts addressed the Board on the subject of redistricting. The Board took no official action. commissioner Douglass and County Engineer Dave Koppel discussed with the Board the dramatic increase in the number of vehicular accidents on u.S. Highway #1. The Board took no official action. Commissioner Douglass discussed with the Board the proposed Homestead Regional Airport project and approval of ~ request to invite Miami-Dade officials to Monroe County to present the proposal to our citizens. The Board took no official action. COUNTY ATTORNEY -- County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Reich and seconded by -- 98/149 commissioner Douglass granting approval and authorizing execution of a stipulation of Settlement in the case of Superboat International Productions. Inc. and Conch Reoublic Racing Association v. Monroe County. Florida d/b/a Monroe Countv Tourist Develooment Council. and Tinslev Advertisinq & Marketinq. Inc. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Douglass and seconded by Commissioner Reich to continue to tomorrow's meeting (May 14, 1998) Agenda item S-6 concerning the approval to create a County wide Wastewater/Sewage Rumor Control Hotline where constituents will be able to call in with concerns and questions without fear of reprisal or identification. Motion carried unanimously. -- commissioner Douglass discussed with the Board permission to direct Staff to draft a Resolution to the Governor, Cabinet and the Secretary of the Florida Department of Environmental Protection (DEP) requesting that DEP approve the dates of June 5 & 6, 1998, as additional days for commercial spiny lobster fishermen traps still remaining in the water as a result of recent storm activity. Dates would coincide with the already scheduled stone crab removal and a beach and coastal clean up effort coordinated by the Center for Marine Conservation and the Florida Keys Marine Sanctuary volunteers. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 203-1998 See Res. Book No. 138 which is incorporated herein by reference. COUNTY ADMINISTRATOR County Administrator James Roberts addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval of $13,000 for the Guidance Clinic of the Middle Keys to provide services as Community Transportation Coordinator for the Transportation Disadvantaged in Monroe County. Roll call vote was taken with the fOllowing results: ~ commissioner Douglass commissioner Freeman Commissioner Reich Mayor London Yes Yes No Yes Motion carried. -- 98/150 COMMISSIONERS' ITEMS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Resolution expressing their support of a Historical Preservation Grant on behalf of Wesley House for the Ley Memorial Church of Key West. Motion carried unanimously. RESOLUTION NO. 204-1998 See Res. Book No. 138 which is incorporated herein by reference. COUNTY ADMINISTRATOR / COUNTY ATTORNEY County Administrator James Roberts reported on the following: Progress for execution of contract for design of the Marathon Park & Marina project. -- Proposed County television programs on the budget. Status of request for qualifications for the Upper Keys pool design. Tim Bricker representing the Upper Keys Community Pool addressed the Board concerning a request that the Supervisor of Elections place on the September primary ballot for Key Largo, South of the 905 and 905A intersection and Cross Key, a referendum regarding the construction operation and maintenance of a community pool at the Key Largo Community Park paid for with ad valorem taxes levied in the area off Key Largo just described. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to expand Municpal Service Taxing District 6 to the Eastern side of Tavernier Creek and granted approval of the advertisement of a proposed Ordinance. County Administrator James Roberts addressed the Board. After discussion, the motion was withdrawn. Motion was then made Douglass and seconded by Commissioner Freeman to continue to tomorrow's meeting (May 14, 1998). Motion carried unanimously. -- Mr. Roberts also reported on the following: Meeting with the Village of Islamorada. Implementation of changes in the Group Benefits Program. -- -- -- 98/151 Discussion of the Cost Allocation Plan. status of the Years of Service Award Program for County employees. The Board took no official action. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval to include the Leadership Monroe County program as an educational experience for County employees, and therefore, as a public purpose under criteria to be established by the County Administrator. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. PUBLIC HEARING A Public Hearing was held on a proposed amendment to the Future Land Use Map and the Land Use District (Zoning) Map for applicant/property owner Ida Welborn requesting a future land use change from Residential Medium (RM) to Mixed Use/Commercial (MC) and a zoning change from Improved Subdivision (IS) to Suburban Commercial (SC) for property described as Lots 10 and 11, Resubdivision of Seaside, section 14, Township 62 South, Range 38 East, at approximate mile marker 94.5, Key Largo. The Board accepted public input with the following individuals addressing the Board: Barry Patterson, Johnny O'Daniel, Mike SUllivan, Patty Speide, Lee Kibbey, Pat Diehl, Coman Munroe, Stanley Nitz, Adam Koslofsky, T. Sloan Muench, Larry Watkins, Bill Wilson, Dagny Johnson, Ida Welborn, Kenny Collins, Al Porter, Donald A. Schry, Gail COllins, Mo Schneider, Attorney Andy Tobin, representing the American Legionj and Dick Hopkins with Blue Water Engineering. County Attorney James T. Hendrick and Planning Director Timothy McGarry also addressed the Board. After Board discussion, motion was made by Commissioner Douglass and seconded by Commissioner Reich granting approval of the Future Land Use Map Change subject to a forthcoming Development Agreement to include the following points: 1. The property will be for an institutional use only. 2. There will be no further encroachment for expansion either parallel to US#l or through purchasing lots behind the current property. -- 98/152 3. The lots will be appropriately landscaped with trees and other ground cover to preclude a full view from US#l, buffered front and rear, or to a lesser degree from the neighborhood. The two (2) lots will have a passive park design. 4. After discussion, the motion was withdrawn. Motion was then made by Commissioner Douglass and seconded by Commissioner Reich to remand to the Planning Commission to consider a proposed Development Agreement and then to be submitted to the BOCC at the August meeting in Key Largo. Roll call vote was unanimous. COUNTY ATTORNEY ~ Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval to advertise an Ordinance, prepared at the request of the Arts Council, concerning a 2% of total appropriation for construction or renovation of County buildings to be used for the acquisition, commission and installation of works of art in said building. Motion carried unanimously. County Attorney James T. Hendrick reported to the Board the status of the following items: Village of Islamorada resolution; Hills/O'Daniel dismissal; Burnham/Ambrose, et al and the suspension of Judge Shea; Bennett; Hernandez; Vacation Rental Ordinance; and Karen Bigger v. Monroe County. Motion was made by Mayor London and seconded by Commissioner Douglass directing the Public Works Director to approve appropriate signage on all county bridges. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to deny the adoption of a Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Ana Court, Sea-Air Estates, Vaca Key, Marathon, Florida. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to adopt the following Resolution prohibiting the possession of open containers of alcololic beverages at either Key West International Airport or the -- Marathon Airport except at licensed premises; providing for penalties for violations; and providing an effective date. Roll call vote was taken with the following results: -- 98/153 commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor London Yes Motion carried. RESOLUTION NO. 205-1998 See Res. Book No. 138 which is incorporated herein by reference. Motion was made by Commissioner Douglass and seconded by Mayor London to rehear Agenda item V.7 concerning the approval of a Resolution clarifying scope of Vested Rights Order, for the application of Driscoll Properties, Inc. Motion carried unanimously. Motion was then made by Commissioner Reich and seconded by Commissioner Douglass to adopt the Resolution with a ten (10) year period. (Resolution No. 192-1998, Page 98/73) Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned. -- Clerk to the Board of County Commissioners of Monroe County ~~C.~ Deputy Clerk --