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07/08/1998 Regular - 98/193 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 8, 1998 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner Wilhelmina Harvey and Commissioner Mary Kay Reich. Mayor Jack London was absent, and Commissioner Douglass arrived later in the meeting. 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 Reich to approve all additions, corrections and deletions. Motion carried unanimously. PRESENTATION OF AWARDS Retirement Award was presented to Mary Hunt, Attendant at Bayshore Manor, Social Services. Retirement Plaque was presented to Julia Lang, custodian, Facilities Maintenance Department, Public Works Division. Mayor's Proclamation was presented to Mel Fisher and Committee for "Mel Fisher Appreciation Day", whereas Monroe County recognizes Monday, July 20, 1998 as Mel Fisher Day. - Mayor's Proclamation was presented to Reef Relief members and volunteers, whereas Monroe County recognizes July 26 thru August 1, 1998 as Reef Awareness Week. Employee of the Month Award for the month of April, ~ 98/194 1998, was presented to Tom Cockrell, Library Driver Clerk, Key West Library, Community Services Division. County Administrator James Roberts discussed the City of Key West waiving permitting fees for the County for construction at Jackson Square. Motion was made by Commissioner Reich and seconded by Commissioner Freeman authorizing the County Administrator to send a Letter of Appreciation to the City of Key West for their cooperation. BULK APPROVALS Board granted approval to advertise for bids for janitorial service for the Plantation Key Government Complex. ~ Board granted approval to advertise for bids for elevator inspection and maintenance contract for twenty (20) elevators located in county buildings. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Island Angles, Inc., to increase the contract amount for Jackson Square janitorial service, from $5,165.00 per month to $5,247.64 per month (increased by CPI - 1.6%, in accordance with Article 3.04B of the contract agreement). Board granted approval of a short list committee to rank consultant proposals for planning and design services of the Upper Keys Community Pool and Aquatic Center. Committee will consist of the following: 1) County Administrator, 2) County Engineer, 3) County Parks Planner, 4) Representative from the Parks and Recreation Advisory Board, and 5) Representative of the Key Largo Community Pool Organization. Board granted approval and authorized execution of a Contract between Monroe County and Fred McGilvray, Inc., for the design and installation of an automatic fire sprinkler protection system at the Bayshore Manor. Board adopted the following Resolution authorizing the submission of the Recycling and Education Grant Application to the Florida Department of Environmental Protection for Fiscal Year 1998. RESOLUTION NO. 255-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ Board adopted the following Resolution authorizing the submission of the Litter Control and Prevention Grant Application ~ 98/195 to the Florida Department of Environmental Protection for Fiscal Year 1998. RESOLUTION NO. 256-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of the Solid Waste Tire Grant Application to the Florida Department of Environmental Protection for Fiscal Year 1998. RESOLUTION NO. 257-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of the Small County Solid Waste Grant Application to the Florida Department of Environmental Protection for Fiscal Year 1998. RESOLUTION NO. 258-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ Board granted approval of the reappointments of Dr. Bruce waite and Mike Ozegovich and the appointment of Peter Horton, replacing Commissioner Shirley Freeman, to the Jobs & Education Partnership Regional Board (JEP) for Dade and Monroe County. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Justo Maqueira for the JTPA Office, located at 3127 Riviera Drive, Key West, in the a mount of $900.00 per month, including utilities. Board granted approval and authorized execution of a Contract between Monroe County and A.S.A.P., Inc., for the emergency repair of channel markers # 15 and # 16, located in Windley Key Channel. Board granted approval and authorized execution of a Contract between Monroe County and Spirit Marine Towing & Assistance for the emergency repair of channel markers # 3 and # 5 at the entrance to Breezeswept Beach Estates, Ramrod Key. ~ Board adopted the fOllowing Resolution authorizing an allocation from the Boating Improvement Fund of $13,200.00 for the removal of three large vessels in Boot Key Harbor, Marathon, AND granted approval and authorized execution of a Contract between Monroe County and Homestead Marine Services for the removal of DV03A2591, DV03A2603 and DV03A2605, located in Boot Key Harbor, Marathon. - 98/196 RESOLUTION NO. 259-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $1,035.00 for the emergency removal of DV03A2551 located off of Woman Key AND granted approval and authorized execution of a contract between Monroe County and Arnold's Towing for the emergency removal of DV03A2551 located off of Woman Key. RESOLUTION NO. 260-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $990.00 for the emergency removal of DV03A2667 located off of United States Coast Guard Base Key West And granted approval and authorized execution of a Contract between Monroe County and Arnold's Towing for the emergency removal of DV03A2667 located off of the U.S.C.G. Base, Key West. - RESOLUTION NO. 261-1998 See Res. Book No. 139, which is incorporated herein by reference. Board granted Award of Bid and authorized execution of a contract, pending approval of the County Attorney, between Monroe County and Community Asphalt, Inc., for the Marathon Airport Taxiway project. Board granted approval to rescind the lease agreements approved at the January 15, 1997 Commission Meeting between Monroe County and American Eagle, for space at the Key West International Airport, and the Marathon Airport. Board granted approval to rescind the lease agreement approved at the January 15, 1997 Commission Meeting between Monroe County and COMAIR, for space at the Key West International Airport. Board granted approval of the appointment of Linda Test to the Key West International Airport Ad-Hoc Committee on Noise, replacing Susan Kent who has been reassigned by American Eagle. Board granted approval and authorized execution of a Service Order between Monroe County and URS Greiner, to perform an updated Rates and Charges Study, for the Key West International Airport and the Marathon Airport. - Board granted approval and authorized execution of a Grant Agreement, project no. 3-12-0044-1388, between Monroe ~ 98/197 County and the Federal Aviation Administration to fund construction of the Marathon Airport taxiway improvements. Board granted approval of Capital Improvement Projects for Passenger Facility Charge Application #4, and authorization for Peter Horton to execute application as agent. Board granted approval and authorized execution of a Service Agreement Renewal between Monroe County and Insurance Servicing and Adjusting Company as Third Party Administrator for Workers Compensation. Board granted approval to extend the contract between Monroe County and Keys Physician-Hospital Alliance for the Employer-Provider Network and utilization Review and Case Management Services for the County's Employee Benefit Plan. This contract automatically renews unless decided otherwise by the BOCC. ,-- Board granted approval to renew airport liability insurance for policy year July 27, 1998-1999, and to pay the renewal premium of $53,624.00. Board granted approval and authorized execution of a Residential Lease Agreement between Monroe County as the governing body of the Duck Key Security District, and Wayne F. Rice and Susan Rice, and Hawk's Cay Investors. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 1). RESOLUTION NO. 262-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.Item 2). RESOLUTION NO. 263-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.Item 3). RESOLUTION NO. 264-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ Board adopted the following Resolution amending Resolution No. 429-1997 (Sch. Item 4). RESOLUTION NO. 265-1998 ~ 98/198 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following resolution amending Resolution No. 490-1997 (Sch. Item 5). RESOLUTION NO. 266-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 432-1997 (Sch. Item 6). RESOLUTION NO. 267-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 431-1997 (Sch. Item 7). RESOLUTION NO. 268-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 8). RESOLUTION NO. 269-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 9). RESOLUTION NO. 270-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 10). RESOLUTION NO. 271-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 11). RESOLUTION NO. 272-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 12). ,~ RESOLUTION NO. 273-1998 See Res. Book No. 139, which is incorporated herein by reference. - 98/199 Board adopted the following resolution amending Resolution No. 077-1998 (Sch. Item 13). RESOLUTION NO. 274-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following resolution amending Resolution No. 476-1997 (Sch. Item 14). RESOLUTION NO. 275-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the fOllowing Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 15). RESOLUTION NO. 276-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following resolution concerning the Receipt of Unanticipated Funds (Sch. Item 16). - RESOLUTION NO. 277-1998 See Res. Book No. 139, which is incorporated herein by reference. Board granted Award of Bid and authorized execution of a Contract between Monroe County and Safety Equipment Company, for fire protective clothing for Key Largo Volunteer Fire Department, District 6, in an amount not to exceed the budgeted allocation. Board granted approval to purchase 911 recording equipment from Dictaphone Corporation under Florida State Contract 725-630-97-1. Board granted approval and authorized execution of an Agreement between Monroe County and Wheeled Coach, for the purchase of one 1998 Type III Ambulance, for the total amount of $80,609.26. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add on 1). RESOLUTION NO. 278-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add On 2). - RESOLUTION NO. 279-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ 98/200 Board adopted the following Resolution amending Resolution No. 367-1997 (Verbal Add On 3). RESOLUTION NO. 280-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 177-1998 (Verbal Add On 4). RESOLUTION NO. 281-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 371-1997 (Verbal Add On 5). RESOLUTION NO. 282-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 370-1997 (Verbal Add On 6). ~ RESOLUTION NO. 283-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 372-1997 (Verbal Add On 7). RESOLUTION NO. 284-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add On 8). RESOLUTION NO. 285-1998 See Res. Book No. 139, which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Holiday Isle Resort & Marina covering "Islamorada Offshore Challenge", Third Penny DAC IV allocation, in the amount of $15,000.00, FY 98, to change the date of the event from October 3, 1998 to October 10, 1998. Board adopted the following Resolution concerning the -- Transfer of Funds. RESOLUTION NO. 286-1998 -- 98/201 See Res. Book No. 139, which is incorporated herein by reference. CONSENT AGENDA/BULK APPROVALS Board granted approval and authorized execution of an Agreement between Monroe County, the Florida Department of Community Affairs, and Cudjoe Enterprises, Inc. Board granted approval and authorized execution of a Grant of Conservation Easement Agreement between Monroe County and James E. & Pamela J. Kraner, for Lot 15, Block 2, Knights Key Village, as recorded in PB 5, Page 84, Sec. 8-66-32. Board granted approval of the transfer of two buildable lots 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. 016-1992, these documents have been filed by the applicants receiving a dwelling unit allocation award for quarters ending April 13, 1998. -- 2 Lot Dedications to Monroe county Permit Number Name on Agenda Item Name on Warranty Deed Legal Descriotion 98-1-0397 David & Linda Shields David & Linda Shields Lot 9,Blk 19, Palm Villa, Big pine Key 96-3-3705 Sergio & Pastora Sotolongo Sergio & Pastora Sotolongo Lot 24, Blk 7, Palma Sola, Key Largo 1 Restrictive Covenant For contiguous Lot Permit Number Name on Aqenda Item Name on Restrict. Covenant Legal Description 98-3-0673 Michael Hodes & Lon Cowart Michael Hodes & Cowart Lots 18,19, Blk 16,Palma Sola,Key Largo - Board granted approval to transfer the Data General computer system from the Growth Management Division to the Monroe County Sheriff's Department. Board adopted the following Resolution establishing authorized representatives for submission of a grant application REVISION - 98/202 to the u.s. Environmental Protection Agency. RESOLUTION NO. 287-1998 See Res. Book No. 139, which is incorporated herein by reference. Board granted approval for one covenant restricting the property owner to having only one dwelling unit on two contiguous lots. Pursuant to Ordinance No. 16-1992, the document has been filed by the applicant receiving a dwelling unit allocation award for the quarter ending April 13, 1998. 1 Restrictive Covenant For contiguous Lot Permit Number Name Aqenda Item Name on Restrict. Covenant Legal Description 98-1-0673 John & Lisa Jackson Same Lots 20 & 21 Blk 4, Indian Mounds SID Sugar loaf Key * - GROWTH MANAGEMENT DIVISION Board granted approval and authorized execution of a revised Tri-Party Agreement between Monroe County, Islamorada, Village of Islands, and the Florida Department of Community Affairs, concerning Rate of Growth (ROGO) allocations. Board granted approval and authorized execution of a Transitional Agreement between Monroe County and Islamorada, Village of Islands, regarding building, zoning and code enforcement functions. DIVISION OF MANAGEMENT SERVICES Board adopted the fOllowing Resolution providing for the reassignment of members to the Monroe County Substance Abuse Policy Advisory Board. RESOLUTION NO. 288-1998 See Res. Book No. 139, which is incorporated herein by reference. MONROE COUNTY SHERIFF'S DEPARTMENT - Board granted approval of a request for from the Law Enforcement Trust Fund, in the total $57,500.00: $ 1,000.00 $ 2,000.00 expenditures amount of The Domestic Abuse Shelter. Authority to reprogram a previously approved item for The Salvation Army. ~ 98/203 $30,000.00 Replenish TRAP funds. $10,000.00 Donation to Big Brothers/Big sisters of Monroe County. $14,000.00 $ 500.00 Upgrade bus used by Cadet Program. New scanner/fax/copy machine for Sheriff's Aide. COMMISSIONERS' ITEMS Board adopted the following Resolution urging Congress to adopt legislation providing for a tax credit for costs incurred in repairing and renovating historic residential property. RESOLUTION NO. 289-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ Board adopted the following Resolution in recognition of the late Catherine Pease Albury. RESOLUTION NO. 290-1998 See Res. Book No. 139, which is incorporated herein by reference. COUNTY ADMINISTRATOR Board granted approval of the Marathon Economic Development Council, Inc., as the interim Manager for the County owned marina in Marathon, and authorized staff to negotiate a contract for Board approval. Board granted approval of the appointment of James Malloch, Project Manager in the County Administrator's office, as a board member for the South Florida Resource Conservation and Development Council, Inc. Board granted approval of the reappointments of Irving Eyster, Shirley Albury, and Jim Clupper to the Monroe County Matecumbe Historical Board, and the appointment of Rachel Lockhart to fulfill Duncan Mathewson's term who has recently resigned from the Board. Ms. Lockhart's term will expire July, 2000. -- Board reviewed the quarterly financial documents as prepared by the Office of Management and Budget. - 98/204 COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guidance Clinic of the Middle Keys, in the amount of $300.00; Leslie Morgan, in the amount of $700.00. EXPERT WITNESS FEES, UMDC Department of Pathology, in the amount of $900.00. WITNESS COORDINATION, Travel and Per Diem, in the amount of $3,697.94; Payroll, in the amount of $190.00. COURT ORDERED ATTORNEY CONFLICT, Amanda Maxwell, in the amount of $1,040.45; Candida Cobb, in the amount of $350.00; Cunningham, Albritton, Miller, Heffernan, Crimella & Hamilton, in the amount of $2,574.75; David AUdlin, in the amount of $7,018.75; Manuel Garcia, in the amount of $650.00; Mark Simms, in the amount of $2,500.00; Mitchell Denker, in the amount of $5,100.00; Peary Fowler, in the amount of $1,218.75; Richard Behr, in the amount of $1,397.40; Stephen Isherwood, in the amount of $4,556.25; Timothy Nicholas Thomes, in the amount of $2,535.85; Roberta Fine, in the amount of $1,487.12. COURT REPORTER SERVICES, Amy Landry, in the amount of $634.00; Associated Court Reporters, in the amount of $1,077.25; Florida Keys Reporting, in the amount of $2,558.60; Fred W. Jeske, in the amount of $4,657.50; Joe Troiano, Inc., in the amount of $50.00; National reporting, in the amount of $60.00; Office reporting, in the amount of $46.00; Official Reporting Service, in the amount of $108.00; Peg Goodrich, in the amount of $106.30; Suzanne Ex, in the amount of $3,492.75; Louis Berman, in the amount of $253.66; Susan Davis, in the amount of $40.00; Vicky Lynn Doty, in the amount of $1,953.50. COURT INTERPRETER, AT&T Language Line, in the amount of $411.60; Estrella Garcia, in the amount of $610.68; Gerson Laino, in the amount of $1,652.57; Grace Krulasik, in the amount of $50.00; Jenine Ouillette, in the amount of $50.00; Jiri Dolezal, in the amount of $25.00; Jose Menendez, in the amount of $1,255.52; Mario Baldatti, in the amount of $339.58; Mary Lou Waas, in the a mount of $285.00; Mayda Maloney, in the amount of $235.00; Ramon Grau, in the amount of $50.00; Rosana Giorgio, in ~ the amount of $85.00; Sergio Alvarez, in the amount of $435.00; Yolande Findlay, in the amount of $35.00; William Waddell, in the amount of $370.00. - ~ 98/205 OTHER PROFESSIONAL SERVICES FOR CIRCUIT CRIMINAL, Travel and Per Diem for James Nolan, in the amount of $112.50; Patricia Docherty, in the amount of $447.98; Richard Wunsch, in the amount of $139.90; Rolando Castineyra, in the amount of $99.90; Avis Rent A Car, in the amount of $147.46; Hibiscus Hotel, in the amount of $601.94; Key west Travel, in the amount of $782.00. SHERIFF EXTRADITION, Richard D. Roth, in the amount of $13,110.16 MISCELLANEOUS EXPENSES - ALL, state of Florida, in the amount of $921.40. COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), 307497-309871, in the amount of $9,758,614.69. ~ Board officially approved the County Commission Meeting Minutes of May 13 & 14, 1998. COUNTY ATTORNEY Board granted approval to advertise an Ordinance amending Sections 14-32, 14-33, 14-34, and 14-35, Monroe County Code, concerning the Commission on the status of Women; revising the appointment provisions of the Article; providing for branch meetings; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance amending Section 13.5-3, Monroe County Code, prohibiting the parking of recreational vehicles and campers in a fenced area surrounding the FAA Tower at Higgs Beach; 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 ~ Mutual Release and Covenant Not To Sue by and between Monroe County, Superboat International PrOductions, Inc., Conch Republic Racing Association and Tinsley Advertising and Marketing, Inc. ~ 98/206 Board granted approval and authorized execution of a satisfaction of Mortgage under the SHIP for First Time Homebuyers - Willie L. Anderson and Joanne C. Anderson. Board adopted the following Resolution responding to the City of Key West's petition to comply with Section 125.01(6) (a), Florida statutes, regarding the Sheriff's Department Budget and Building and Planning Department budgets and use of City ad valorem revenues in unincorporated Monroe County. RESOLUTION NO. 291-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 196-1998 which evidenced the Board's approval of Recommended Orders of Determination of Vested Rights, in order to delete reference to applicant Charles E. Matthews, Jr. RESOLUTION NO. 292-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ Board granted approval and authorized execution of an Impact Fee Interlocal Agreement between Monroe County and Key Colony Beach, for the collection and distribution of impact fees. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Senior Director of Office Management and Budget John Carter and Clerk of Court Danny L. Kolhage addressed the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval and authorizing execution, subject to the renegotiation of terms of payment of the Contract, between Monroe County and David M. Griffith & Association to update Monroe County's full cost and OMB Circular cost allocation plan. SOLID WASTE MANAGEMENT Solid Waste Management Director Clark Lake updated the Board on the Solid Waste Management Recycling Contract. ~ PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Revision ~ 98/207 Resolution renouncing and disclaiming any right of the County and the Public in and to a portion of sixth Avenue West, Cudjoe Gardens, sixth Addition, Cudjoe Key, Monroe County, Florida. There was no pUblic input. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 293-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ A Public Hearing was held concerning adoption of an Ordinance creating Sec. 2-332(A), Monroe County Code, providing for funding of art in new public construction and major renovation projects; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The following individuals addressed the Board: Leda Seigal, Martin Groffman, Monica Haskell, Executive Director of the Monroe Council of the Arts; Nance Frank, Bill Andersen, Marcia Kreitman, Madeline Burnside, Art Kara, George Scott, Kevin O'Brien, representing the Key West Art & Historical Society; and Bob Kranz. After discussion, motion was made by Commissioner Freeman to continue the item to the next Board meeting. Motion died for lack of a second. County Administrator James Roberts addressed the Board. Motion was then made by Mayor pro tem Harvey and seconded by Commissioner Reich to deny the Ordinance. Roll call vote was taken with the following results: commissioner Freeman No Commissioner Reich Yes Mayor pro tem Harvey Yes Motion carried. A Public Hearing was held concerning adoption of 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. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to continue to the next Board meeting in Key Largo. Motion carried unanimously. ~ ~ A Public Hearing was held concerning adoption of an Ordinance amending Sec. 9.5-490.2(e) (2), M.C.C. in order to ~ 98/208 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 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 Reich and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 023-1998 See Ord. Book No. 48, which is incorporated herein by reference. ~ A Public Hearing was held concerning adoption of an Ordinance amending Section 2 of Ordinance No. 019-1998 by prohibiting the operation of personal watercraft in the North Whale Harbor Channel and within 1200 feet of the shoreline of Duck Key; Amending section 9 of Ordinance No. 019-1998 in order to clarify the effective date of such Ordinance; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The following individuals addressed the Board: Gary Jones, Andrew Anderson, H. T. Pontin, Howard Mooney, J. P. Yates, Aaron D. Sipe, Peggy Mathews, Kristen Brenner, Vicki Bucholtz, Loraine Casella, Tom Cherniavsky, and Raymond Kozlowski. After discussion, motion was made by Commissioner Freeman and seconded by Mayor pro tem Harvey to continue the Public Hearing to the next Board meeting in Marathon with a request from the Duck Key Property Owners Association for their recommendation. Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Mayor pro tem Harvey directing Staff to provide an estimate of the costs of marking the 1200 feet in every area covered by Ordinance No. 019-1998 to date and the source of funding. Roll call vote was unanimous. Motion was made by Commissioner Freeman to adopt the above Ordinance with the North Whale Harbor Channel portion. Motion died for lack of a second. A Public Hearing was held on the Noise Compatibility Program for the Key West International Airport. Community services Director Peter Horton; Deborah Murphy, Project Manager with URS Greiner; and R. L. Blazevic addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by ~ Commissioner Freeman granting approval to send the Noise Compatibility Program to the Federal Aviation Administration. Motion carried unanimously. ~ 98/209 A Public Hearing was held concerning the adoption of a Stipulated Settlement Agreement with the Florida Department of Community Affairs for resolving the issue of the Department's finding of not in compliance for the comprehensive plan text amendment adopted by Ordinance No. 039-1997. Planning Director Timothy McGarry addressed the Board. There was no public input. Motion was made by commissioner Freeman and seconded by Commissioner Reich granting approval and authorizing execution of the Stipulated Settlement Agreement, DOAH Case No. 98-0792GM Department of community Affairs, Petitioner vs. Monroe County, Respondent and Fowler, Fowler, Lesko and Van Fleet, Intervenors. Motion carried unanimously. ~ A Public Hearing was held for the purpose of selecting an entity to serve as the Community Action Agency for Monroe County in order to participate in the Community Services Block Grant Program. There was no public input. Grants Manager Dee Lloyd addressed the Board. Motion was made by Commissioner Reich and seconded by commissioner Freeman directing Staff to proceed with the selection of an entity that meets the eligibility requirements to participate in the program. Motion carried unanimously. COMMISSIONERS' ITEMS County Administrator James Roberts addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Freeman to allow two (2) candidate's forums by Monroe County Children's Coalition and the Education Coalition prior to the September primary and the November general election. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Community Services Director Peter Horton and Mil Reisert with URS Greiner, Inc., discussed with the Board a Monroe County Airport Authority and approval of a Purchase Service Order to URS Greiner, Inc., to conduct a study to investigate the feasibility of establishing an Airport Authority. Motion was made by Commissioner Freeman and seconded by Mayor pro tem Harvey to not approve the Purchase Service Order. Roll call vote was taken with the following results: ~ Commissioner Freeman Commissioner Reich Mayor pro tem Harvey Yes No Yes Motion carried. ~ 98/210 GROWTH MANAGEMENT Representatives from the Florida Department of Transportation (FDOT) gave a presentation on status of the Department's study of turn, acceleration, and deceleration lanes on u.s. 1 in Monroe County from the north end of the Cow Key Channel Bridge to Mile Marker 106.7. The Board took no official action. Planning Director Timothy McGarry; Growth Management Director Bob Herman and representatives of URS Greiner discussed with the Board approval of the Annual Assessment of Public Facilities Capacity for 1998. H. T. Pontin, Attorney David Paul Horan, Russell Moore, Kathie Rockett, and Bill Lemon addressed the Board. commissioner Douglass arrived at the meeting. ~ Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of the document entitled Annual Assessment of Public Facilities Capacity for 1998 with replacement page 19 and the date on the front cover. Roll call vote was unanimous. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner Yvonne Harper, and Chairman Keith Douglass. Acting Public Safety Director Norm Leggett addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harper to adopt the following Resolution rescinding Resolution No. 199-1998 and Interlocal Agreement for Use of Business Property; and authorizing the Mayor of Monroe County, Florida to sign and execute on behalf of Monroe County a Business Lease with the School Board of Monroe County for the use of business property for temporary housing of EMS personnel; at a cost of $300 a month. Motion carried unanimously. -- RESOLUTION NO. 294-1998 See Res. Book No. 139, which is incorporated herein by reference. - 98/211 Fire Rescue Coordinator Eddie Castro addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harper granting approval and authorizing execution of an Amendment to the Fire Rescue Services Agreement between the Lower and Middle Keys Fire and Ambulance District and the Conch Key, Big Coppitt, Big pine Key, Islamorada, Layton, Marathon, and Sugarloaf Volunteer Fire Department's, Inc., concerning reimbursement of incidental expenses. Motion carried unanimously. Paul Galloway, Fire Chief of the stock Island Volunteer Fire Department; Scott H. Young of the Big Coppitt Volunteer Fire Department; and County Administrator James Roberts addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harper granting approval of Staff recommendation for the temporary relocation of Tanker-pumper 15 from the Stock Island Fire Department to the Big Coppitt Volunteer Fire Department. Motion carried unanimously. - Motion was made by Commissioner Freeman and seconded by Commissioner Harper granting approval and authorizing execution of a Contract between the Board of Governors of the Lower and Middle Keys Fire and Ambulance District and Pride, Inc., for the refurbishment of Tankers 24 and 47 assigned to Sugarloaf Volunteer Fire Department and Conch Key Volunteer Fire Department in the amount not to exceed $125,000. Motion carried unanimously. Motion was made by Commissioner Harper and seconded by Commissioner Freeman granting approval of Award of Bid and authorizing execution of Agreement between the Lower and Middle Keys Fire and Ambulance District and Safety Equipment Company for fire protective clothing in the amount not to exceed the budgeted allocation. Motion carried unanimously. 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. COUNTY ATTORNEY - County Attorney James T. Hendrick and Attorney David Paul Horan representing the applicants Michael Panizza and Finley Re.vis i on - 98/212 Ricard addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval of Exhibit A - IN RE: THE VESTED RIGHTS APPLICATION OF: Finley Ricard and Michael Panizza, dated October 30, 1997. Roll call vote was unanimous. Mr. Hendrick and Mr. Horan addressed the Board concerning the procedure for appropriate disposition of Vested Rights application of Michael Gilbert and William Lemon. Motion ~ was made by Commissioner Douglass and seconded by Commissioner Freeman to remand for consideration by a new Hearing Officer to be converted and treated as a Beneficial Use Application. Roll call vote was unanimous. Daryle Osborn of Keys Engineering Service and representing Mike Denius and Mr. Hendrick addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval of Staff recommendation to reject the Recommended Order and Denial of the Vested Rights Application. Roll call vote was taken with the fOllowing results: - Commissioner Douglass Commissioner Freeman Commissioner Reich Mayor pro tern Harvey Yes Yes No No Motion failed. SOUNDING BOARD H. T. Pont in addressed the Board concerning navigational rights of personal watercraft. The Board took no official action. John Wolfe addressed the Board concerning approval to advertise a public hearing for the abandonment of Ana Court, Vaca Key, Marathon. The Board took no official action. * This item is also discussed by the County Attorney, see BOCC minutes page 98/215. Michael Bass addressed the Board concerning JMJ Enterprises and Signs of Support as a revenue generating venture to benefit Monroe County's youth programs. Mr. Roberts addressed the Board. The Board took no official action. DIVISION OF PUBLIC WORKS - Bert Bender of Bender & Associates Architects, P.A. updated the Board on the status of the Gato Building Renovation ~ 98/212 Ricard addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval of Exhibit A - IN RE: THE VESTED RIGHTS APPLICATION OF: Finley Ricard and Michael Panizza, dated October 30, 1997. Roll call vote was unanimous. Mr. Hendrick and Mr. Horan addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to remand for consideration by a new Hearing Officer to be converted and treated as a Beneficial Use Application. Roll call vote was unanimous. Daryle Osborn of Keys Engineering Service and representing Mike Denius and Mr. Hendrick addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval of Staff recommendation to reject the Recommended Order and Denial of the Vested Rights Application. Roll call vote was taken with the following results: ~ commissioner Douglass Commissioner Freeman Commissioner Reich Mayor pro tern Harvey Yes Yes No No Motion failed. SOUNDING BOARD H. T. pontin addressed the Board concerning navigational rights of personal watercraft. The Board took no official action. John Wolfe addressed the Board concerning approval to advertise a public hearing for the abandonment of Ana Court, Vaca Key, Marathon. The Board took no official action. * This item is also discussed by the County Attorney, see BOCC minutes page 98/215. Michael Bass addressed the Board concerning JMJ Enterprises and Signs of Support as a revenue generating venture to benefit Monroe County's youth programs. Mr. Roberts addressed the Board. The Board took no official action. DIVISION OF PUBLIC WORKS ~ Bert Bender of Bender & Associates Architects, P.A. updated the Board on the status of the Gato Building Renovation - 98/213 Project. CONSENT AGENDA / BULK APPROVALS Motion was made by Commissioner Douglass and seconded by Mayor pro tem Harvey granting approval of legal fees for the law firm of Apgar and Pelham related to the implementation of the Monroe County 2010 Comprehensive Plan as follows: authorize payment of two invoices, one dated 5/01/98 (charges for April 1998) in the amount of $4,009.90 and one dated 6-01-98 (charges for May 1998) in the amount of $4,402.29, and authorize Bob Apgar to represent Monroe County before the Governor and Cabinet in September 1998 (date subject to change) at the first annual report to the Administration Commission, in an amount not to exceed $5,000. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor pro tem Harvey Yes - Motion carried. Growth Management Director Bob Herman briefed the Board on the status of Dodge Lake Enterprises, Inc., development. Attorney Nick Mulick representing Dodge Lake and County Attorney James T. Hendrick addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Freeman directing staff to issue permits to Dodge Lake Enterprises that they are legally entitled to receive at this time. Roll call vote was taken with the following results: commissioner Douglass No Commissioner Freeman Yes Commissioner Reich Yes Mayor pro tem Harvey Yes Motion carried. Attorney Ralf Brookes with the law firm of Morgan & Brookes updated the Board on the fOllowing legal issues: Burnham; RahtkampjVacation Rental Ordinance; Dowsett; Vested Rights Hearings; Munroe/Inn Resorts; and Plaza. PUBLIC HEARINGS - A Public Hearing was held concerning adoption of an Ordinance amending Sections 9.5-336 through 9.5-342, regarding ~ 98/214 ~ the Habitat Evaluation Index (HEI), 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. Growth Management Director Bob Herman and Environmental Resources Director Ross Alliston addressed the Board. After discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman to continue the Public Hearing to the next Board of County Commissioner's Meeting on August 12, 1998, in Key Largo at 5:05 p.m. Motion carried unanimously. A Public Hearing was held concerning adoption of a Resolution to transmit to the Florida Department of Community Affairs a proposed Amendment to the Monroe County Year 2010 Comprehensive Plan, Policy 205.2.6, regarding Environmental open space requirements. The proposed change would allow additional clearing of vegetation on smaller lots to accommodate residential development. There was no public input. Marine Resources Director Ross Alliston addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to continue the Public Hearing to the next Board of County Commissioner's Meeting on August 12, 1998, in Key Largo at 5:05 p.m. Motion carried unanimously. A Public Hearing was held to consider revisions to Section 9.5-343 of the Monroe County Land Development Regulations. The Environmental Resources Department is proposing the revisions concerning environmental open space requirements to allow additional clearing of vegetation on smaller lots. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to continue the Public Hearing to the next Board of County Commissioner's Meeting on August 12, 1998, in Key Largo at 5:05 p.m. A Pubic Hearing was held concerning approval of a Workers' Compensation Settlement in the amount of $17,750 concerning Randy Baker. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval of the Settlement Agreement. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator James Roberts and County Attorney James T. Hendrick addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman ~ granting approval of Staff recommendation for the Administrator to make limited, temporary office space available to nonprofit organizations serving the County community on the condition that - 98/215 the organizations are responsible for their own cleaning, telephone and similar costs and provide a reasonable payment to the County for the cost of electricity, according to a standard agreement to be developed by the County Attorney. Roll call vote was unanimous. COUNTY ATTORNEY County Attorney James T. Hendrick discussed with the Board Agenda item 0.2 concerning approval to advertise a public hearing for the abandonment of Ana Court, Vaca Key, Marathon - John Wolfe. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval to advertise a Public Hearing on September 9, 1998, in Marathon for the road abandonment. Roll call vote was unanimous. There being no further business to come before the Board, the meeting was adjourned. - Clerk to the Board of County Commissioners of Monroe County Jho.L.J. c. ~~ Deputy Clerk -