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06/10/1998 Regular -- 98/159 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, June 10, 1998 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Marathon Government Center. Present and answering to roll call were Commissioner Keith Douglass, Commissioner Shirley Freeman, Commissioner Wilhelmina Harvey, Commissioner Mary Kay Reich and Mayor Jack London. 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 Freeman and seconded by Commissioner Douglass to approve all additions, corrections and deletions. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for the month of March, 1998, was presented to Jay Burnett, Electrician, Facilities Maintenance Department, Public Works Division. BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Douglass to approve the following items by unanimous consent: 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, in the amount of $66,040.00. -- Board granted approval to remove surplus equipment from inventory and advertise for bids or dispose. Said list is incorporated herein by reference. ~ 98/160 Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Dean-Lopez Funeral Home to provide facilities for the Medical Examiner for an additional one year period, in the amount of $650.00 per month. Board granted approval and authorized execution of a 1998-1999 Community Care for the Elderly Contract, No. KG-851E, between Monroe County and the Alliance for Aging, Inc., to continue to provide necessary In-Home Services. Board granted approval and authorized execution of a Memorandum of Agreement AND 1998-1999 Home Care for the Elderly Contract, No. HC-072, between Monroe County and the Alliance for Aging, Inc., to continue providing necessary in-home services to maintain clients quality of life and prevent institutionalization. -- Board granted approval and authorized execution of a Community Care for Disabled Adults Contract, No. KG 025, between Monroe County and State of Florida Department of Children and Families, to continue providing necessary in-home services to maintain clients quality of life and to prevent institutionalization. Board granted approval and authorized execution of a 1998-99 Alzheimer Disease Initiative Contract, No. KG 897, between Monroe County and the Alliance for Aging, Inc., to continue providing necessary in home services to maintain clients quality of life and to prevent institutionalization. Board granted approval and authorized execution of Amendment 002 to 1997-98 Community Care for the Elderly Contract between Monroe County and the Alliance for Aging, Inc., reflecting the transfer of under utilized dollars in low activity services to those in higher demand. Board granted approval and authorized execution of a Preliminary/Letter Contract, No. 2A-PY'98-02-00, between Monroe County and the South Florida Employment and Training Consortium for intake and liaison services. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Key West Towing-Road One for the removal of selected derelict vessels Zone 1. -- Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing and Assistance for the removal of selected derelict vessels in Zone 2. -- 98/161 Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing and Assistance for the removal of selected derelict vessels in Zone 3. Board granted approval and authorized execution of a Term Rental Agreement between Monroe County and Pitney Bowes, Inc., for a postage meter for the Key West Library, in the amount of $161.00 a month for a period of 39 months. Board granted approval to close all libraries in Monroe County on Saturday, July 4, 1998. Board granted approval and authorized execution of a Joint Participation Agreement, No. AF 766, between Monroe County and the Florida Department of Transportation, to fund the overlay of general aviation parking at the Key West International Airport. -- Board granted approval and authorized execution of a Joint Participation Agreement, No. AF 774, between Monroe County and the Florida Department of Transportation, to fund the Key West Airport parking lot expansion. Board granted approval and authorized execution of a Joint Participation Agreement, No. AF 765, between Monroe County and the Florida Department of Transportation, to fund construction of a service/access road at the Marathon Airport. Board granted approval and authorized execution of a Joint Participation Agreement, No. AF 775, between Monroe County and the Florida Department of Transportation, to fund the design of remote radar for the Key West International Airport. Board granted approval and authorized execution of a Joint Participation Agreement, No. AF 777, between Monroe County and the Florida Department of Transportation, to fund construction of remote auto parking lot at the Key West International Airport. Board granted approval and authorized execution of a Lease Extension Agreement between Monroe County and Keys Woodworker, Inc., for a parking area at the Marathon Airport. -- Board granted Award of Bid and authorized execution of a Contract, pending County Attorney approval, between Monroe County and Bob Hilson & Company, to recondition the roof of the Federal Express building at the Marathon Airport. Board granted approval to cancel a License Agreement -- 98/162 between Monroe County and the Federal Aviation Administration for Direction Finder Antenna site at the Key West International Airport. Board granted approval to lease a Xerox copy machine for the Marathon Airport Manager's office. Board granted approval and authorized execution of a contract between Monroe County and McGraw Development, Inc., including Change Order (items #7 and #8), to perform emergency repairs to a nine bay hangar at the Marathon Airport. -- Board granted approval and authorized execution of a Purchase/Service Order, No. 97/98-11, between Monroe County and URS Greiner, to provide construction phase services for the Marathon Taxiway Project. Board granted approval to advertise a Public Hearing for the Key West International Airport, Federal Aviation Administration (FAA) Part 150 Noise Study. Public Hearing to be held on Wednesday, July 8, 1998, during the regular BOCC Meeting in Key West, at 10:00 a.m., at the Harvey Government Center in the Historic Truman School. Board granted approval and authorized execution of a Local Mitigation Strategy Plan Inter-Local Agreement between Monroe County and the City of Key Colony Beach, to develop a local mitigation strategy plan in compliance with DCA Agreement 98-LM-4H-1554-01-044. Board granted approval and authorized execution of a Local Mitigation Strategy Plan Inter-Local Agreement between Monroe County and the City of Key West, to develop a local mitigation strategy in compliance with DCA Agreement 98-LM-4H-1554-01-044. Board granted approval and authorized execution of a Local Mitigation Strategy Plan Inter-Local Agreement between Monroe County and the City of Layton to develop a local mitigation strategy in compliance with DCA Agreement 98-LM-4H-1554-01-044. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and AKH Water Management, Inc., for the operation and maintenance of the Marathon Government Center Sewage Treatment Plant, in the amount of $493.00 per month. -- Board granted approval and authorized execution of a Contract between Monroe County and Island Angles, Inc., for ~ 98/163 janitorial service at the Harvey Government Center at Historic Truman School (excluding the first floor), including the Nutrition Site, in the amount of $1,225.00 per month. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Barnes' Alarm Systems, Inc., for alarm system annual certification, maintenance and monitoring, in the amount of $19,020.00 per year. Board granted approval and authorized execution of a Lease Agreement between Monroe County and James Chaplin, Chaplin Real Estate, for a period of five years with a five year renewal option, for property located at 4695 Overseas Highway, Marathon, in the amount of $4,500.00 per month, for office space for the State Attorney and Public Defender. -- 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 to rescind an existing lease agreement between Monroe County and Deputy Lisa King who is resigning from the Monroe County Sheriff's Department AND granted approval and authorized execution of a one year lease agreement between Monroe County and a deputy appointed by the Monroe County Sheriff to reside in one side of the duplex located at the Marr Property, for an amount of rent and utilities totaling $400.00 per month. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the Monroe County School Board for the summer recreation program. The Sheriff's Department has agreed to cover the cost of the summer recreation program this year. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 1). RESOLUTION NO. 207-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 2). ,-- RESOLUTION NO. 208-1998 See Res. Book No. 138, which is incorporated herein by reference. --, 98/164 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 3). RESOLUTION NO. 209-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 4). RESOLUTION NO. 210-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 5). RESOLUTION NO. 211-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 6). -- RESOLUTION NO. 212-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 7). RESOLUTION NO. 213-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 8). RESOLUTION NO. 214-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 9). RESOLUTION NO. 215-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 10). RESOLUTION NO. 216-1998 -- See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the -- 98/165 Transfer of Funds (Sch. Item 11). RESOLUTION NO. 217-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 12). RESOLUTION NO. 218-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 13). RESOLUTION NO. 219-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 14). -- RESOLUTION NO. 220-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 15). RESOLUTION NO. 221-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the fOllowing Resolution concerning the Transfer of Funds (Sch. Item 16). RESOLUTION NO. 222-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 17). RESOLUTION NO. 223-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 18). RESOLUTION NO. 224-1998 See Res. Book No. 138, which is incorporated herein by reference. -- Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 19). - 98/166 RESOLUTION NO. 225-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 20). RESOLUTION NO. 226-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 21). RESOLUTION NO. 227-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 22). RESOLUTION NO. 228-1998 See Res. Book No. 138, which is incorporated herein by reference. - Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 23). RESOLUTION NO. 229-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 24). RESOLUTION NO. 230-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 351-1997 (Sch. Item 25). RESOLUTION NO. 231-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 26). RESOLUTION NO. 232-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 27). - RESOLUTION NO. 233-1998 See Res. Book No. 138, which is incorporated herein by reference. ~ 98/167 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 28). RESOLUTION NO. 234-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 29). RESOLUTION NO. 235-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 30). RESOLUTION NO. 236-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 31). -- RESOLUTION NO. 237-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 32). RESOLUTION NO. 238-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of a Grant Application to the Florida Department of Community Affairs FY99 Anti-Drug Abuse Grant Program. RESOLUTION NO. 239-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of Modification No. 4 to a Memorandum of Agreement No. 940S-89-11- 54-01-030, between Monroe County and the Florida Department of Community Affairs, the Hurricane Andrew Recovery and Rebuilding Trust Fund. -- Board granted approval to pay $58,661.12 to Johnson, Anselmo, Murdoch, Burke, and George for legal fees and expenses incurred in the successful defense of the Karen and Patricia Bigger vs. Monroe County personal injury claim from 4/1/98 through 5/15/98. Board granted approval and authorized execution of a -- 98/168 service Agreement between Monroe County and BellSouth Telecommunications, Inc., for megalink service to Meredian Systems, for a period of five years, saving the County $67,388.78/year. SL-1 Board granted approval and authorized execution Customer Maintenance Agreement between Monroe County and ANDATACO, for the maintenance of the AS400 tape drive and array, in the amount of $4,992.00 for one year. of a disk Board granted approval to proceed with the Invasive Exotic Eradication and Replanting Plan for Sombrero Boulevard, Marathon. Board granted approval and authorized execution of a Special Waterway Projects Program Grant Agreement between Monroe County and the Florida Department of Environmental Protection, for channel marker maintenance and installation. ,- Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $2,700.00 for the emergency removal of DV03A2493, DV03A2494 and DV03A2630 located off of Barcelona Drive, Big Coppitt Key and off of the Fairgrounds, Key West AND granted approval and authorized execution of a contract between Monroe County and Arnold's Towing for the emergency removal of DV03A2493, DV03A2494 and DV03A2630. RESOLUTION NO. 240-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of a Subgrant Agreement between Monroe County and the National Council on the Aging, Inc., for the operation of the Senior Community Service Employment Program (SCSEP) for program year 1998/99, July 1, 1998 to June 30, 1999. Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and The Alliance For Aging, Inc., for Medicaid Waiver Program Spending Authority for SFY 98-99. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add On 1). RESOLUTION NO. 241-1998 See Res. Book No. 138, which is incorporated herein by reference. -- Board adopted the following Resolution to rescind Resolution No. 167-1998 (Verbal Add On 2). ~ 98/169 RESOLUTION NO. 242-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add On 3). RESOLUTION NO. 243-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add On 4). RESOLUTION NO. 244-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Acordia National, the County's Third Party Administrator, for the Group Benefits Program, for third and final year as per the stipulations of their contract, contingent upon final legal review. -- TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment Agreement between Monroe County and 3406 North Roosevelt Boulevard Corporation, to include a personnel position for Film Industry Liaison, to become effective as of October 1, 1998. The salary and benefits program will be reflected in the FY 99 budget. Board granted approval of an Operations Manual policy revision pertaining to the Third Cent Administrative Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Global Audience Providers, Inc., to extend the term of the contract for two (2) years, terminating on September 30, 2000, with the stipulation that Global Audience Providers, Inc., shall not limit participation by Monroe County businesses based on business category, race, color, sex, religion, age, or national origin. The remaining provisions of the original contract remain in full force and effect. -- Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and The Lower Keys Chamber of Commerce covering the Historic Seacraft Race & Festival on September 5, 1998, allocated under the Cultural Umbrella, in an amount not to exceed $4,500.00 to change the venue of the event from Sunshine Key RV Resort to Sugar loaf Key -- 98/170 Resort KOA Kampground. All other provisions of the Agreement dated October 15, 1997 shall remain in full force and effect. CONSENT AGENDA/BULK APPROVALS Board granted approval for the transfer of one buildable lot to Monroe County by Warranty Deed, and one covenant restricting the property owner to having only one dwelling unit on two contiguous lots. Pursuant to Ordinance No. 16-1992, these documents have been filed by the applicants receiving a dwelling unit allocation award for quarters ending April 13, 1998. 1 Lot Dedication to Monroe County Permit Number Name on Agenda Item Name On Warranty Deed Legal Description 98-1-0088 Wendy Nunn Wendy Gluck Nunn Lot 13,Blk 21 Second Addition Port pine Heights -- 1 Restrictive Covenant For Contiguous Lot Permit Number Name on Aqenda Item Name on Restrictive Covenant Legal Description 98-3-0303 Condor Construction Condor Construction Corp. Lots 9 and 10, Blk 3, Largo Sound Park, Key Largo Board granted approval and authorized execution of a Supplemental Joint Participation Agreement NO.1, Contract No. AE-270, between Monroe County and the Florida Department of Transportation, to provide an additional $200,000 in federal and state grant monies for transportation planning studies and services and to extend the JPA ending date from June 30, 1998, to June 30, 1999. -- Board granted approval and authorized execution of a Settlement Agreement between Monroe County, the Florida Department of Community Affairs and Toppino's, Inc. Board granted approval to waive Monroe County's Public -- 98/171 Procurement Policies as they relate to the hiring of Ms. Robin Dye for the Stormwater Project Manager position. * This item is reconsidered later in the meeting and approved. Board granted approval and authorized execution of a Grant of Conservation Easement Agreement between Monroe County and M.P. Inc., for Lot 29, Block 7, Harbor Course South, section Three Ocean Reef Plat #18, PB 7 Page 53. Board granted approval and authorized execution of a Grant of Conservation Easement Agreement between Monroe County and Jean F. Reisinger, for Lot 2, Tract B, Addition to Knowlson Colony, Key Largo, PB 4 Page 20. Board adopted the following Resolution authorizing the Director of Marine Resources to sign permit applications for projects approved by the Board and the Marine Facilities Survey related to Florida Keys Boater's Guide AND granted approval and authorized execution of a Grant Agreement, No. SWPP 97-21, between Monroe County and the Florida Department of Environmental Protection. -- RESOLUTION NO. 245-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval to hold a special meeting on June 22, 1998, 10:00 a.m. at the Marathon Government Center, to discuss adoption of the Marathon Wastewater Facilities Plan. Board granted approval of one covenant restricting the property owner to having only one dwelling unit on two contiguous lots. Pursuant to Ordinance No. 16-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for quarters ending April 13, 1998. 1 Restrictive Covenant for Contiguous Lots Permit Number Name on Aqenda Item Name on Restrictive Covenant Legal Description 97-1-1868 Scott and Donna Januik Scott and Donna Januik Lots 2 and 3, Summer land Beach,Addtn 3 GROWTH MANAGEMENT DIVISION -- Board adopted the following Resolution approving the Planning Commission's award to Gildamric Corporation of 35 housing allocations from future ROGO Quarters for the proposed -- 98/172 Tradewinds Multifamily Affordable Housing Project in Key Largo. RESOLUTION NO. 246-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of an Addendum Land Use Growth Management Representation Letter of Engagement between Monroe County and Morgan & Brookes, dated June 5, 1998, relating to the adoption and implementation of the Vacation Rental Ordinance. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of a request for expenditures from the Law Enforcement Trust Fund, in the total amount of $184,000.00: $ 800.00 300.00 ~ $14,000.00 6,000.00 40,000.00 123,000.00 Purchase Halloween bags for all three substations. Hats used for children at Sunny Shores Seacamp, helping children suffering from Cystic Fibrosis. Acquire computer driven identification card system from Lexington Technology, Inc. Financial support for the costs of insurance, pool maintenance, transportation, swimming gear and food and beverages for a final celebration of the children for the Upper Keys Community Pool, the Educational Coalition for Monroe County and the Union Institute. Additional sum used to support the IMPACT money laundering unit based in Coral Gables. Cost of the Summer Recreation Program of the County School Board. Board granted approval and authorized execution of the following documents between the Monroe County Sheriff's Office and the U.S. Department of the Treasury for the Federal Equitable Sharing Agreement Program for the Monroe County Sheriff's Office: Federal Equitable Sharing Agreement (Treasury Account) and -- Federal Equitable Sharing Agreement (Justice Department), as well as the Federal Annual Certification Report, civil Rights provision of the Federal Equitable Sharing Agreement, and the -- 98/173 Federal Annual certification Report. Board granted approval and authorized execution of a Contract between Monroe County and the Monroe County Sheriff's Office to provide the services of uniformed deputy sheriff's to provide law enforcement services at the Key West International Airport. Board granted approval of disposition of inventory items for the second quarter of FY 97/98. Said list is incorporated herein by reference. COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the late William "Ted" Ernst, Jr. RESOLUTION NO. 247-1998 See Res. Book No. 138, which is incorporated herein by reference. -- Board adopted the following Resolution in recognition of the late David Ringemann. RESOLUTION NO. 248-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval of Commissioner Freeman's appointment of Charles Ingraham to the Florida Keys Council for the Handicapped, replacing Helen Gerbracht whose term has expired. Mr. Ingraham's term will expire April, 2001. Board approved Commissioner Reich's appointments of Peggy Grant and John Rolli to the Health & Human Services Nominating Committee. COUNTY ADMINISTRATOR Board granted approval of a Special Board of county Commissioners Meeting, Monday, July 6, 1998, 10:00 a.m., at the Marathon Government Center, to discuss the Islamorada transition and approve provisions of an Interlocal Agreement. COUNTY CLERK ~ FINES AND FORFEITURES Board approved the following Fine and Forfeiture -- 98/174 Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for Mental Health, in the amount of $1,050.00; Deborah a. Harrison, in the amount of $250.00; Guillermo Marcovici, in the amount of $900.00; James Holbrook, in the amount of $350.00. WITNESS COORDINATION, Travel and Per Diem, in the amount of $1,755.20; Payroll, in the amount of $165.00. COURT ORDERED ATTORNEY CONFLICT, Carl Palomino, in the amount of $1,560.00; Candida Cobb, in the amount of $900.00; Charles Milligan, in the amount of $726.00; cunningham, Albritton, Miller, Crimella & Hamilton, in the amount of $956.25. TRAVEL EXPENSES, Conflict Attorney Travel & Per Diem, in the amount of $1,541.76. -- SHERIFF EXTRADITION, Richard D. Roth, in the amount of $2,305.92. MISCELLANEOUS EXPENSES ALL, state of Florida, in the amount of $12.00. COURT REPORTER SERVICES, Amy Landry, in the amount of $127.50; Associated Court Reporters, in the amount of $874.25; Florida Keys Reporting, in the amount of $963.50; Martin Leshaw, in the amount of $631.92; American Court Reporting, in the amount of $69.00; O'Brien and Levine, in the amount of $137.50; Suzanne Ex, in the amount of $502.00. COURT INTERPRETER, Estrella Garcia, in the amount of $401.68; Jenine Ouillette, in the amount of $115.00; Jose R. Menendez, in the amount of $537.32; Julia Seward, in the amount of $125.00; Loan Fernandez, in the amount of $40.00; Mary Lou Waas, in the amount of $60.00; Mayda Maloney, in the amount of $175.00; Rachael Radmaker, in the amount of $175.00; Rosana Giorgio, in the amount of $25.00; Sergio Alvarez, in the amount of $95.00; William Waddell, in the amount of $110.00. COUNTY CLERK Board approved the fOllowing Warrants: -- GENERAL REVENUE FUND (001), 306616-307496, in the amount of $5,241,581.01. Board officially approved the County commission Meeting -- 98/175 Minutes of April 8, 9 and 22, 1998. COUNTY ATTORNEY Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of sixth Avenue West, Cudjoe Gardens, sixth Addition, Cudjoe Key. RESOLUTION NO. 249-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval to advertise an Ordinance amending Section 16-1(b), Monroe County Code, abandonment of a rights-of-way; 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 Subordination Agreement between Monroe County and Richard and Deanna Banks. Board adopted the following Resolution concerning the abandonment of rights-of-way. RESOLUTION NO. 250-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Consulting Contract between Monroe County and the law firm of Graham & Moody, to conduct lobbying activities on behalf of Monroe County. Board granted approval to advertise an Ordinance amending section 9.5-490.2(e) (2), Monroe County Code, in order to provide that municipalities may impose county impact fees within their municipality and, by interlocal agreement with the County, retain a portion thereof while remitting the remainder to the County; providing for severability; providing for the repeal of ordinances inconsistent herewith; providing for providing for inclusion in the Code of Ordinances; providing for an effective date. Motion carried unanimously. -- -- 98/176 GROWTH MANAGEMENT Growth Management Director Bob Herman addressed the Board concerning the Adoption of the Annual Assessment of Public Facilities Capacity for 1998. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Freeman to postpone the item to the July 1998 BOCC meeting in Key West at a time approximate. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval and authorizing execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation to fund the East Martello Environmental Enhancement Project, Contract No. AF 776. Motion carried unanimously. -- Public Works Director Dent pierce addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval to repair 11.5 miles of Loop Road, Mainland Monroe County, to make it passable. Motion carried unanimously. County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval to award bid and authorized execution of an Agreement between Monroe County and L & S Concrete Restoration, Inc., for the No Name Key Bridge Repair project. Motion carried unanimously. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing execution of Change Order No. 8 between Monroe County and D. L. Porter Construction, Inc. for the Key West International Airport Terminal Renovations in the amount of $28,080. Motion carried unanimously. County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval to issue a purchase order to D.L. Porter Construction, Inc. in the amount of $54,860 for additions and modifications at the Crawl Key Training Facility. Roll call vote was taken with the following results: -- Commissioner Douglass Commissioner Freeman Commissioner Harvey Commissioner Reich Yes Yes Yes No RQ..vj sion - 98/177 Mayor London Motion carried. Yes The new Construction Manager, Stephen W. Piazza was formally introduced to the Board. County Administrator James Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval to adopt plan changes to the Employee Benefit Plan and authorizing execution of plan amendment. An additional amendment was also made by the Board as follows: 1. PPO Networks: Page ii. - A) Out of Network Disincentive - All charges for providers/facilities not in our Preferred Provider Organization (PPO) will be paid at 10% below standard co-payment percentages: 70/30 instead of 80/20 and 90/10 instead of 100/0. On page ii, Paragraph four (4) delete the following: "...without any penalties for not using the networks." Add the following: Failure to utilize a provider from our PPO will result in a 10% reduction of benefits for those services. * Add the words: "Does not apply to covered individuals who permanently reside at a significant distance from network providers." at the end of the above paragraph. Motion carried unanimously. DIVISION OF PUBLIC WORKS Public Works Director Dent pierce informed the Board that sand had been delivered at all the County beaches. -- Mr. Roberts addressed the Board. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval to advertise an Ordinance to amend section 2-1 of the County Code authorizing the * County Administrator to approve, sign and execute change orders up to $25,000 or 5% of the contract amount, which ever is greater; that the Administrator will provide notice twenty-four (24) hours in advance of approval of change orders; and will make a monthly report to the Board of all approved change orders. Roll call vote was taken with the following results: -- 98/178 commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London No Motion carried. -- Motion was made by Commissioner Reich and seconded by Commissioner Douglass to re-open the Agenda for item J-4 concerning the approval to waive Monroe County's Public Procurement Policies as they relate to the hiring of Ms. Robin Dye for the Stormwater Project Manager position. Motion carried unanimously. H. T. Pontin, Growth Management Director Bob Herman; and County Attorney James T. Hendrick addressed the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval of Staff recommendation to approve the employment of Robin Dye as the Stormwater Project Manager in accordance with Monroe County Personnel Policies to fulfill the contract requirements between the South Florida Management District and Monroe County and waive the requirement for Monroe County's Procurement Policy. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London Yes Motion carried. PUBLIC HEARINGS -- A Public Hearing was held to consider adoption of an Ordinance defining personal watercraft; Prohibiting the operation of 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 ~ 98/179 exemptions; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Code of Ordinances; and providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Peggy Mathews, Andrew Anderson, Howard Mooney, Darrelyn Dixon, Raymond Dargis, David Ritz, representing the Ocean Reef Community Association; Vicki Bucholtz, representing the Duck Key Property Owners Association; Gary Ellis, Karen Lee, representing the Florida Keys Wild Bird Center; Jim Hurley, Juanita Greene, Bobbe Dooley, H. T. Pontin, Wayne Kozak, Alvin Crockett, Eugene Shinkevich, representing the Florida Keys citizen's Coalition; Sally Pinz, Martha Smith, Fred Sluth, Capt. Mills. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Douglass to adopt the following Ordinance. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes -- Motion carried. ORDINANCE NO. 019-1998 See Ord. Book No. 47 which is incorporated herein by reference. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval for the County Attorney to advertise amendments to include North Whale Harbor Channel & Little Duck Key in the above Ordinance. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance revising 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. There was no public input. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 020-1998 See Ord. Book No. 47 which is incorporated herein by reference. -- . . ~~~\~O~ ~ 98/180 DIVISION OF MANAGEMENT SERVICES Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval to waive Personnel Policies and Procedures 7.01D Annual Leave Pay Upon Separation in order to payout annual leave before enrolling in the Florida Retirement System Deferred Retirement Option Program (DROP). Motion carried unanimously. CONSENT AGENDA / BULK APPROVALS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval of the clarification of language in the Memorandum of Understanding (MOU) between Monroe County and the Florida Keys Aqueduct Authority. Roll call vote was taken with the following results: -- Commissioner Douglass Commissioner Freeman Commissioner Harvey Commissioner Reich Mayor London Yes Yes Yes No Yes Motion carried. GROWTH MANAGEMENT Growth Management Director Bob Herman discussed work with state agencies in regards to neighborhood central collection systems and the Carrying Capacity Study for Monroe County. County Administrator James Roberts discussed the trip to Washington where he and Mr. Herman attended in order to obtain $4.3 million for wastewater funding. * COMMISSIONERS' ITEMS Mayor London discussed with the Board the Future Land Use Development Regulations regarding fences. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to toll the fine concerning Sandra L. Glynn - Case L 5 90-90. Motion carried unanimously. -- Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to rescind action regarding the referendum for the November General Election Ballot for purposes of ~ 98/181 redeveloping Key Largo. Said item was discussed at the May 14, 1998, BOCC meeting in Key Largo. See minutes page 98/155 and 98/156. Motion carried unanimously. commissioner Douglass updated the Board on the Disabled American Veteran (DAV) building in Marathon. MISCELLANEOUS Representatives of the Rural Health Network gave a presentation of the Healthy Kids Insurance Program for Board of County Commissioners' participation due to changes in the Florida statistics. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of the request in the amount of $21,350 - Fiscal Year 98/99. Motion carried unanimously. -- Department of Community Affairs Planning Manager for the Florida Keys, Ty Symroski introduced personnel from the united States Fish and Wildlife Service (USFWS) and the Florida Department of Transportation (FOOT). The following individuals addressed the Board: Debra Harrison, representing the World wildlife Federation; Bill Lemon, Attorney David Paul Horan, and H. T. Pontin. Growth Management Director Bob Herman also addressed the Board. Motion was made by Commissioner Freeman and seconded by Mayor London directing Staff to participate with other agencies in the development of a Memorandum of Understanding for development of a Habitat Conservation Plan (HCP) for the Key Deer and associated species on Big pine Key. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London Yes Motion carried. SOUNDING BOARD Joel Rosenblatt, P.E. presented to the Board a government study conducted by the National Science Foundation under EPA sponsorship entitled "Managing Wastewater in Coastal Urban Areas". The Board took no official action. -- The following individuals addressed the Board concerning the casino boat - Upper Keys citizens Association: ~ 98/182 William Brown, representing Ocean Cay Property Owners Association, Inc.; Eugene Shinkevich, representing the Florida Keys citizen's Coalition; Capt. Mills, Jill Patterson, Dave Spitznagel, representing the Port Largo Residential Property Owner's Association. Attorney Ralf Brookes with the law firm of Morgan & Brookes gave an update on the status of the Key Largo Casino case. The Board continued with public input - Lee Chamberlain, Hyatt Hodgon, Fred Nickerson and Dagny Johnson, representing the Upper Keys citizens' Association; and Robert Schneider, representing the Big pine Key civic Association. County Attorney James T. Hendrick also addressed the Board. The Board took no official action. COMMISSIONERS' ITEMS -- Mr. Hendrick addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the fOllowing Resolution recognizing the need for improvements to the wastewater systems and requesting Congress to provide additional funding for the implementation of the Wastewater Master Plan. Motion carried unanimously. RESOLUTION NO. 251-1998 See Res. Book No. 138 which is incorporated herein by reference. SOLID WASTE MANAGEMENT Solid Waste Director Clark Lake and County Administrator James Roberts addressed the Board concerning the approval to negotiate with Waste Management, Inc. of Florida an agreement for the processing, transportation and marketing of recyclable, and such other related operations as may be available. The following individuals addressed the Board: Tina Warren, Bill Redman, representing BFI; and Bettye Chaplin. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval per Staff recommendation of the item. Roll call vote was unanimous. DIVISION OF PUBLIC WORKS County Engineer Dave Koppel and Mr. Roberts addressed the Board concerning the approval of contract with Wallace, Roberts & Todd to develop a master plan for the Marathon Community Park & Marina, and authorization for Mayor to execute -- same. The following individuals addressed the Board: Lynn Mapes, representing the Marathon Economic Development Council; Sara Edwards, Michelle Card, Pamela Bauer, John Fernsler, ~ 98/183 representing Wallace, Roberts & Todd; Bettye Chaplin, George Neugent and Kirby Scheimann. After discussion, motion was made by commissioner Douglass and seconded by Commissioner Reich to recognize an impasse in negotiations with Wallace, Roberts & Todd and direct staff to negotiate a contract with Bender & Associates (the second bidder) for approval at the Special Board of County Commissioners' meeting on July 6, 1998. Roll call vote was unanimous. PUBLIC HEARINGS -- A Public Hearing was held to consider adoption of a Resolution transmitting to the Florida Department of Community Affairs the request by Marilyn and Ginger Henderson to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Residential Medium (RM) to Residential High (RR) for property described as part of parcels 5-G and 6A of Sombrero Properties, Boot Key, located in section 15, Township 66 South, Range 32 East and has the real estate identification number 355300. The property is located on Sombrero Beach Boulevard at approximately mile marker 50. Planning Director, Timothy McGarry and Donald Craig on behalf of the applicant addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 252-1998 See Res. Book No. 138 which is incorporated herein by reference. A Public Hearing was held concerning the adoption of the Marathon Wastewater Facilities Plan with Phased Implementation for the Little Venice Area (Oceanside from Vaca Cut to 94th Street). Marine Resources Director George Garrett addressed the Board. Ken Williams, Consulting Engineer and Wendy Nero, Public Outreach Coordinator with CH2MHill updated the Board on Monroe County's Sanitary Wastewater Master Plan. The Board accepted public input with the fOllowing individuals addressing the Board: David Byers, Dick Ramsey, Bill Shaw, Edward McGraw, Virginia Hoffman, Frank Hoffman, Tommy Thompson, Ken Duffy, Bettye Chaplin, Lorraine Byers and Diana Jones. The Board took no official action. -- commissioner Douglass excused himself from the meeting. A Public Hearing was held concerning remedial amendments to Ordinance No. 051-1997 (Vested Rights and Beneficial Use), which was rejected in part by the Department of Community Affairs (DCA). Attorney Ralf Brookes with the law firm of Morgan & Brookes addressed the Board. There was no public ~ 98/184 input. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Ordinance adopting Land Development Regulations to implement the Beneficial Use and Vested Rights provisions of the 2010 Comprehensive Plan; Establishing Procedures, Standards and Criteria for Beneficial Use and Vested Rights Determinations. Motion carried unanimously, with Commissioner Douglass not present. ORDINANCE NO. 021-1998 See Ord. Book No. 47 which is incorporated herein by reference. GROWTH MANAGEMENT An update on legal issues was given by Mr. Brookes concerning Tradewinds/McDonalds; Burnham; Bennett; creation of a Village development ordinance; and Rathkamp. COMMISSIONERS' ITEMS -- Mr. John O'Daniel addressed the Board concerning Special Master Randy Sadtler and the costs of unsettled Monroe County lawsuits. During discussion, motion was made by Commissioner Reich requesting the County Attorney's Office to provide cost figures with their litigation report. During discussion, motion was withdrawn. Captain Mills and County Attorney James T. Hendrick addressed the Board. The Board took no official action. Betty Vail addressed the Board concerning the benefits and shortcoming of creating an Airport Authority. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to refer this matter to Staff and the airport consultant for a recommendation back to the Board. Dick Ramsey addressed the Board. Motion carried unanimously, with Commissioner Douglass not present. COUNTY ADMINISTRATOR County Administrator James Roberts advised the Board that he had received a request from the Education Coalition for the use of Channel 16 for political debates. After discussion, the matter was referred back to the County Administrator for further review. ,--- Mr. Roberts addressed the Board concerning recent Code Enforcement action concerning Code Enforcement Special Master Randy Sadtler. Motion was made by Commissioner Reich and -- 98/185 seconded by Commissioner Freeman to remove Special Master Randy Sadtler effective June 22, 1998, and to send Mr. Sadtler a notice. After further discussion, a substitute motion was offered by Commissioner Reich and seconded by Commissioner Freeman to schedule the termination of the Contract with Special Master Randy Sadtler for the June 22, 1998, Special Meeting and to provide notice to Mr. Sadtler. Captain Mills and Bettye Chaplan addressed the Board. Roll call vote was unanimous with Commissioner Douglass not present. Mark A. Funnen, Style Ventures, Inc. addressed the Board concerning the consideration of a request by a Florida firm representing a German company to have a Florida Keys inline skating event and to have a support letter prepared by the County. The Board took no official action. COUNTY ATTORNEY -- County Attorney James T. Hendrick addressed the Board concerning the Village of Islamorada Resolution No. 98-1. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman directing the County Attorney to respond to the Village of Islamorada that their Resolution No. 98-1 does not comply with the Florida Statutes. Motion carried unanimously, with Commissioner Douglass not present. Mr. Hendrick advised the Board that David Paul Horan attorney for Michael Panizza and Finley Ricard (agenda item S.7) and Michael Gilbert and William Lemon (agenda item S.9) requested that those items be postponed to the July 6, 1998, Special Board of County Commissioners' meeting in Marathon. Motion was made by Mayor London and seconded by Commissioner Freeman to postpone the items. Motion carried unanimously, with Commissioner Douglass not present. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ~o-L.J.. c. Qv~~ Deputy Clerk - -