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11/12/1998 Regular / Organizational - 98/338 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular/Organizational Meeting Board of County Commissioners Thursday, November 12, 1998 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., on the above date, at the Key Largo Library. Present and answering to roll call were Commissioner Keith Douglass, Comissioner 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 Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public. - All stood for the Invocation and Pledge of Allegiance. PRESENTATION OF AWARDS Presentation of proclamation proclaiming appreciation to those involved in assisting Monroe County citizens during Hurricane Georges. Mayor Pro Tem Wilhelmina Harvey, Commissioner Shirley Freemen and Commissioner Mary Kay Reich made presentations to outgoing Mayor Jack London and Commissioner Keith Douglass in recognition of their service to the citizens of Monroe County. Mayor Jack London and Commissioner Keith Douglass expressed their appreciation to county staff and the public and wished the newly elected commissioners well in their terms. A presentation of an award was made by the Reform Party of Monroe County to Commissioner Reich for her humanitarian concern and the leadership demonstrated during Hurricane Georges and again after Tropical Storm Mitch. COMMISSION ORGANIZATION .- Clerk of Court Danny L. Kolhage administered the Oath of Office to newly elected Commissioners George Neugent and Nora Williams. - 98/339 Williams. The Board proceeded to ballot on the selection of a Chairperson and Vice Chairperson of the Board of County Commissioners for the ensuing year. Commissioner Neugent nominated Commissioner Harvey as Chairperson. There being no other nominations, Commissioner Harvey was elected Chairperson. Commissioner Neugent nominated Commissioner Freeman as Vice Chairperson. There being no other nominations, Commissioner Freeman was elected Vice Chairperson. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Resolution whereas Wilhelmina Harvey is hereby designated Mayor/Chairman of the Board of County Commissioners of Monroe County and that Shirley Freeman is hereby designated Mayor Pro Tem of the Board of County Commissioners of Monroe County. Motion carried unanimously. RESOLUTION NO. 465-1998 See Res. Book No. 140 which is incorporated herein by reference. - Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Resolution whereas Mayor Wilhelmina Harvey, as Chairman of the Board of County Commissioners of Monroe County, Florida, and the Clerk of the Board, are authorized to sign all warrants, legal documents and other necessary papers and documents, and that the presently authorized signatures validating County checks are hereby continued for thirty days from this date in order to meet payroll and other necessary obligations. Motion carried unanimously. RESOLUTION NO. 466-1998 See Res. Book No. 140 which is incorporated herein by reference. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval of all Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. The Clerk announced the presentation to our commissioners for the millennium by local students of Coral Shores High School, are "Hurricane Pride" the first branch to form in South Florida. .- PUBLIC HEARINGS ~ 98/340 A Public Hearing was held concerning creation of a boating restricted area (idle speed/no wake zone) for the near shore waters in Blackwater Sound, adjacent to Moon Bay Condominiums, Key Largo; Providing for definitions; Providing that Monroe County agrees to hold the Florida Department of Environmental Protection harmless from any liability incurred from the negligent posting of boating restricted markers; Providing for penalties for violations; Providing for exemptions; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted public input with the following individuals addressed the Board: H. T. Pontin and Mario Baldatti. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance with the effective date being subject to execution of a Hold Harmless Agreement by Moon Bay Condominium. Roll call vote was unanimous. ORDINANCE NO. 035-1998 See Ord. Book No. 49 which is incorporated herein by reference. ~ A Public Hearing was held concerning adoption of an Ordinance amending Section 13.5-2(c), 13.5-3(d), and 13.5-5(g), Monroe County Code, in order to provide for use of personal barbecue grills; 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. Commissioner Reich read a letter from Alice Allen into the official record. Public Works Director Dent Pierce addressed the Board. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Williams to adopt the following Ordinance. Motion carried unanimously. ,--- ORDINANCE NO. 036-1998 See Ord. Book No. 49 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance providing that the County Administrator may negotiate agreements with providers of deferred compensation plans to make such plans available to county employees; Providing that any plan agreement will not take affect until approved by a Resolution of the Board of County Commissioners and the receipt of opinion letters by the County Administrator from the appropriate Federal Agencies as to the nontaxable and taxable nature of all compensation deferred; 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 ~ 98/341 was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 037-1998 See Ord. Book No. 49 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance authorizing certain recognition and monetary awards for county employees who have been in the county service for five, ten, fifteen, twenty, twenty-five and thirty years; Providing that all employee recognition awards are contingent upon the appropriation of funds; 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. Human Resources Director Sheila Barker addressed the Board. The Board accepted public input with the following individual addressing the Board: Joe Bell. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous. ~ ORDINANCE NO. 038-1998 See Ord. Book No. 49 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the Public in and to a portion of Jamaica Drive and Ansonia Drive, Port Largo 4th Addition, Key Largo, Florida. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 467-1998 See Res. Book No. 140 which is incorporated herein by reference. PUBLIC HEARING - INDUSTRIAL DEVELOPMENT AUTHORITY County Attorney James T. Hendrick informed the Board the scheduled Public Hearing concerning an Inducement Resolution for the issuance of revenue bonds and the scheduled Public Hearing required by the Internal Revenue Service for the Key West Brewery Industrial Revenue Bonds cannot be held because proper notice was not duly advertised. Motion was made by Commissioner Reich and seconded by Commissioner Neugent to continue with the Public Hearings to the December 1998 Board of County Commissioners' meeting in Marathon. Motion carried unanimously. ~ ~ 98/342 BULK APPROVALS Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and Deputy Kelvin Cruz, to reside in the modular home in Bernstein Park, for an amount of rent and utilities totaling $400.00 per month. Board granted Award of Bid and authorized execution of a Contract between Monroe County and Ace Building Maintenance, to provide janitorial service for the Facilities Maintenance Department located at 3583 South Roosevelt Blvd., Key West, in the amount of $3,600.00 per year. Board granted Award of Bid and authorized execution of a Contract between Monroe County and Ace Building Maintenance for janitorial service at the Douglas School Nutrition Site, in the amount of $5,760.00 per year. Board granted Award of Bid and authorized execution of a Contract between Monroe County and Ace Building Maintenance to provide janitorial service for the Public Service Building ~ Complex, in the amount of $27,240.00 per year. Board granted Award of Bid and authorized execution of a Contract between Monroe County and Mowrey Elevator Service Company, Inc., for inspection and maintenance of twenty (20) elevators located in County buildings. Board accepted Status Report on Monroe County Park Development, dated October 1998, prepared by D. Peacock, Engineering Department. Board granted approval to reject a single bid and re- advertise the Sombrero Beach Park Improvement project. Board granted approval and authorized execution of a Renewal Agreement between Municipal Services Taxing District #6 and Fire Tech Repair Service, Inc., concerning testing, maintenance and repair of fire rescue apparatus. Board granted approval and authorized execution of a Renewal Lease Agreement between Monroe County and Federal Express Corporation. (FEDEX), for rental space at the Marathon Airport. ~ Board granted approval and authorized execution of a Supplemental Lease Agreement between Monroe County and the National Weather Service, for lease space in the new Federal Inspection Station (Adam Arnold Annex) at the Key West International Airport. ~ 98/343 Board adopted the following Resolution amending Resolution No. 348-1998 (Sch. Item 1). RESOLUTION NO. 468-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 353-1997 (Sch. Item 2). RESOLUTION NO. 469-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 3). RESOLUTION NO. 470-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 4). RESOLUTION NO. 471-1998 ~ See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 5). RESOLUTION NO. 472-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 6). RESOLUTION NO. 473-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 7). RESOLUTION NO. 474-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 8). RESOLUTION NO. 475-1998 See Res. Book No. 140, which is incorporated herein by reference. ~ Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 9). ~ 98/344 RESOLUTION NO. 476-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 10). RESOLUTION NO. 477-1998 See Res. Book No. 140, which is incorporated herein by reference. Board granted approval to advertise a Public Hearing for a budget amendment to the Jolly Roger Municipal Service Culvert District (Fund 155). Board granted approval and authorized execution of a Contract between Monroe County and Rovel Construction, Inc., for the Old Courthouse Renovation and Addition, in the amount of $4,069,000.00. Board granted approval and authorized execution of a Joint Participation Agreement, Contract No. AG408, between Monroe County and the Florida Department of Transportation, for the completion of a Master Plan for the Overseas Heritage Trail. ~ Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation, to fund the rehabilitation of the Runway and Taxiway Lighting at the Key West International Airport. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Add-On #1). RESOLUTION NO. 478-1998 See Res. Book No. 140, which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Stuart Newman Associates, Inc., to allow agency to carry out the requirements of the crisis management program during a state of emergency and be compensated for additional public relations services during and in the aftermath of Hurricane Georges which hit Monroe County on September 25, 1998, in the amount of $15,000.00. ~ Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Schurger Diving & Salvage, Inc., to clean and sink a steel freighter off Looe Key. TDC Revenue Funds in the amount of $50,000.00 to be paid ~ 98/345 upon successful deployment of vessel to establish an artificial reef. Due to Hurricane Georges, it has become necessary to amend the date of deployment from prior to October 31, 1998, to prior to January 1, 1999. Board granted approval and authorized execution of a Grant of Funds Agreement between Monroe County and Universal Beach Services to provide beach cleaning and maintenance services for Smathers Beach, Higgs Beach, Rest Beach, Little Duck Key Beach, Sombrero Beach and Harry Harris Park, for a period commencing January 1, 1999 and terminating on September 30, 2001, with an option to extend agreement for an additional two, one year periods, in the amount of $152,447.78 Capital Resources. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Pigeon Key Foundation, covering the Pigeon Key Art Festival on February 6th- 7th, 1999, in an amount not to exceed $10,000.00 FY 99, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key West Art Center, ~ Inc., covering the Old Island Days Art Festival on February 27- 28, 1999, in an amount not to exceed $2,650.00 FY 99, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Treasure Village covering Islamorada Fine Arts and Music Festival on March 20-21, 1999, in an amount not to exceed $13,450.00 FY 99, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Lower Keys Chamber of Commerce, covering the 14th Underwater Music Festival on July 10, 1999, in an amount not to exceed $6,800.00 FY 99, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Dolphin Cove Research and Education covering the Sounds of the Glades on July 30-31, 1999, in an amount not to exceed $12,987.00, FY 99, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Lower Keys Chamber of Commerce covering the 5th Annual Historic Seacraft Race & Festival on September 4, 1999, in an amount not to exceed $4,500.00, FY 99, Two Penny, allocated under the Cultural Umbrella. ~ ~ 98/346 Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key West Art & Historical Society, Inc., covering the National Lighthouse Conference on September 27th to October 1, 1999, in an amount not to exceed $12,500.00 FY 99, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and The Friends of the Islamorada Area State Parks, Inc., covering the Indian Key Festival on October 2nd and 3rd, 1999, in an amount not to exceed $22,500.00, FY 99, Two Penny, allocated under the Cultural Umbrella. Board granted approval of a settlement in the Code Enforcement Twin Harbor foreclosure case. Settlement calls for immediate removal of the violation plus a payment of $15,000.00 to the County for Code Enforcement fines and all our attorney fees. ~ CONSENT AGENDA/BULK APPROVALS Board granted approval and authorized execution of a Grant of Conservation Easement Agreement tor Monroe County, Lot 16, Block 3, Harbor Course, Section 4, Ocean Reef Plat #13, Key Largo, Florida, as recorded in Plat Book 7, Page 8, between Monroe County and Mikell & Alice Cary. Board granted approval and authorized execution of a Grant of Conservation Easement and recording, previously signed by the Mayor for Monroe County, Lot 15, Block 5, Ramrod Shores, Ramrod Key, between Monroe County and Alan and Susan McCaskill. GROWTH MANAGEMENT Board adopted the following Resolution authorizing the temporary placement of two mobile homes at st. Peter's Church on Big Pine Key, for use as offices for volunteer organizations assisting in the recovery effort related to Hurricane Georges. RESOLUTION NO. 479-1998 See Res. Book No. 140, which is incorporated herein by reference. MONROE COUNTY HOUSING AUTHORITY ~ Board confirmed Governor Lawton Chiles appointment of Michael Ozegovich to the Monroe County Housing Authority for a ~ 98/347 term beginning October 16, 1998 and ending October 6, 2002. MONROE COUNTY SHERIFF'S DEPARTMENT Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 480-1998 See Res. Book No. 140, which is incorporated herein by reference. Board granted approval to advertise for a Public Hearing on 12/09/98 to amend the Fine and Forfeiture Fund for Fiscal Year 1997/98 to allow for adjustments at year end in the Sheriff's Budget. Board granted the Mayor's signature approval on the Federal Equitable Annual Certification Report. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. ~ RESOLUTION NO. 481-1998 See Res. Book No. 140, which is incorporated herein by reference. Board granted approval of the following expenditures from the Law Enforcement Trust Fund, in the total amount of $56,200.00. $8,000.00 $6,000.00 $3,500.00 $1,500.00 $3,000.00 $3,000.00 $20,000.00 ~ $11,200.00 Elementary school day care for non-school professional days and early release days. pilot character education program at Key Largo. Travel expenses for students, teachers and parent chaperons for Odyssey of the Mind academic competition. Award money for Commissioner's Academic Challenge for high school students. Travel costs for All-County Band. Art projects Fund four Take Stock In Children college scholarships. Implement State Accreditation for the -- 98/348 Sheriff's Office (both law enforcement and corrections). COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the late Dorothy Scott "Scotti" Merrill. RESOLUTION NO. 482-1998 See Res. Book No. 140, which is incorporated herein by reference. Board directed Public Works and CH2MHILL to investigate the engineering costs to build sewerage pipes, pump stations, and connection of infrastructure to K.W. Resorts utility, Inc., with instructions to County Attorney's Office. -- Board granted approval to advertise an Ordinance amending Section 15.5-19, Monroe County Code, by providing an exemption of limited duration for property owners from the enforcement proceedings of Section 15.5-19, Monroe County Code, when the location of the property owner's on-site sewage treatment and disposal system (OSTDS) is included within an area approved by referendum for the construction of centralized sewer service, a Special District has been created for such purpose, or bonds sold for contracts entered into for such purpose; 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 a Special Taxing District Ordinance for Rockland Key, Big Coppitt, Geiger Key and all real property abutting Boca Chica Road, for the purpose of building sewerage pipes and pump stations and connecting that infrastructure to the K.W. Resorts utilities, Inc., Wastewater Treatment Plant. COUNTY ADMINISTRATOR Board granted approval for the Administration to obtain an appraiser to determine the value of the building materials left by the Navy in the Gato Building and to have the materials donated for charitable purposes or destroyed depending on their value, if the value is less than $5,000.00. -- COUNTY CLERK ~ 98/349 FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY , PSYCHOLOGICAL EVALUATIONS, Care Center for Mental Health, in the amount of $700.00; Dr. Charles J. Gold, in the amount of $2,000.00; Guillermo Marcovici, in the amount of $250.00. COURT ORDERED ATTORNEY'S - CONFLICT, Carl Palomino, in the amount of $1,548.05; Stephen S. Isherwood, in the amount of $2,250.00; Roberta Fine, in the amount of $1,771.37; Mark Simms, in the amount of $4,501.33; Maria Betancourt, in the amount of $2,632.50; Gregory Davila, in the amount of $2,265.00; Merrell Sands, in the amount of $350.00; victoria McFaden, in the amount of $4,669.60; Richard Fowler, in the amount of $890.25; Jason R. Smith, in the amount of $1,256.25. COURT REPORTER SERVICES, Williams & Hahn Reporting, in the amount of $508.60; Capitol Reporters, in the amount of $563.00; American Court Reporting, in the amount of $53.00; ~ Florida Keys Reporting, in the amount of $1,655.90; Associated Court Reporters, in the amount of $93.75; Suzanne Ex, in the amount of $692.00; Lori Ann Mason, in the amount of $197.00; Amy Landry, in the amount of $105.40. COURT INTERPRETERS, Mary Lou Waas, in the amount of $245.00; Mayda Maloney, in the amount of $110.00; Estrella Garcia, in the amount of $75.00; William G. Waddell, in the amount of $140.00; Sergio Alverez, in the amount of $30.00. TRAVEL AND PER DIEM EXPENSES, Patricia Docherty, in the amount of $519.83; Key West Travel, in the amount of $224.00; Pedro Mercado, in the amount of $19.00; Manuel E. Madruga, in the amount of $18.00; Rolando Castineyr, in the amount of $652.08; Avis Rent A Car, in the amount of $84.74. EXTRADITION, Monroe County Sheriff Department, in the amount of $13,649.26. WITNESS COORDINATION, Witness Travel & Per Diem, in the amount of $17,360.10. WITNESS PAYROLL, in the amount of $95.00. ~ COUNTY CLERK - 98/350 Board approved the following Warrants: GENERAL REVENUE FOND (001), #315696-316604, in the amount of $10,296,071.11 Board approved the County Commission Meeting Minutes of September 3, 1998, September 9, 1998, and September 17, 1998. COUNTY ATTORNEY Board granted approval to advertise for applications from the general public to sit on Contractor's Examining Board. Applications to be sent to Secretary of Board and reviewed by Board for recommendation to BOCC for appointment. Board adopted the following Resolution revising Resolution No. 293-1998, in order to correct an error on the survey legal description of an abandoned portion of sixth Avenue West, Cudjoe Gardens sixth Addition, Monroe County. - RESOLUTION NO. 483-1998 See Res. Book No. 140, which is incorporated herein by reference. Board granted approval and authorized execution of a Supplementary Addendum to Contract between Monroe County and Waste Management, Inc. concerning debris cleanup and removal services as the result of Tropical Storm Mitch. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval and authorizing execution of Change Order No. 1 in the increased amount of $51,965 between Monroe County and Gomez Construction Company for the Design/Build Contract at the Plantation Key Detention Facility Addition. Motion carried unanimously. - Mr. Koppel addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval and authorizing execution of a Contract between Monroe County and Cross Environmental Services, Inc., for the Selective Demolition & Abatement Program at the Gato Building. Motion carried unanimously. Mr. Koppel addressed the Board. Motion was made by ~ 98/351 Commissioner Freeman and seconded by Commissioner Neugent granting approval of Award of Bid and to enter into a between Monroe County and Rockline Vac Systems, Inc., Sewer System Cleaning - Key West and Stock Island, in of $72,552.25, and authorized Mayor to execute same. vote was unanimous. Contract for Storm the amount Roll call John Carter, Senior Director - Office of Management & Budget addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval and authorizing execution of a 36-month Lease Agreement between Monroe County and Xerox for a copier/fax/printer. Motion carried unanimously. County Administrator James Roberts addressed the Board concerning his report on Change Orders during the period of October 14, 1998 - October 30, 1998. Mr. Roberts indicated that there were no Change Orders during that period. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent granting approval and authorizing execution of an Agreement between Monroe County and the Florida Department ~ of Community Affairs concerning the Hazardous Material Plan Agreement # 99CP-3V-11-54-22-025. Motion carried unanimously. Mr. Roberts and Mr. Carter addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval and authorizing execution of a Project Grant Agreement between Monroe County and the Florida Department of Environmental protection for the completion of a Master Plan for the Overseas Highway Heritage Trail. Motion carried unanimously. Community Services Director Peter Horton addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval of the Library Five-Year Long Range Plan. Motion carried unanimously. SOLID WASTE MANAGEMENT Solid Waste Director Clark Lake updated the Board on status of clean up as a result of Hurricane Georges. PROCLAMATIONS ~ Presentation of Mayor's Proclamation observing December 1, 1998 as World AIDS Day in Monroe County. - 98/352 Presentation of Mayor's Proclamation observing November 29 - December 5, 1998 as the "Be a Force for Change Week" for AIDS awareness. * * * * * 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 & Ambulance District convened. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner Art French, and Commissioner Yvonne Harper. .- Mayor Harvey asked for nominations to serve on the Board of Governors of District #1 Lower and Middle Keys Fire & Ambulance District to replace Chairman Keith and Mayor Jack London. Commissioner Freeman nominated Commissioner George Neugent and Commissioner Nora Williams to serve on the Board of Governors of District #1 Lower and Middle Keys Fire & Ambulance District. The Board proceeded to ballot on the selection of a Chairperson to the Board of Governors of District #1 Lower and Middle Keys Fire & Ambulance District for the ensuing year. Commissioner Freeman nominated Commissioner Yvonne Harper as Chairperson. There being no other nominations, Commissioner Yvonne Harper was selected as Chairperson to the Board of Governors of District #1 Lower and Middle Keys Fire & Ambulance District. Public Safety Director Reggie Paros addressed the Board. Motion was made by Commissioner French and seconded by Chairperson Harper granting approval and authorizing execution of the Renewal Agreement dated December 18, 1996 between the Lower and Middle Keys Fire & Ambulance District and Fire Tech Repair Service, Inc., concerning testing, maintenance and repair of fire rescue apparatus. Motion carried unanimously. Commissioner French discussed status of the Length of Service Awards Program (LOSAP). Mr. French also discussed the need in having a report from the Public Safety Director concerning major cost areas. -- Commissioner Freeman discussed broadening the agenda wording of Board of Governors to read the Board of Governors of the Lower and Middle Keys Fire and Ambulance Taxing District. - 98/353 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. DIVISION OP COMMUNITY SERVICES Community Services Director Peter Horton reported to the Board on the skydiving event which occurred at the Marathon Airport; and improvements at the Eastern end of the field at the Marathon Airport. DIVISION OP PUBLIC SAFETY ~ Public Safety Director Reggie Paros reported to the Board on the County's preparedness and response to Tropical Storm Mitch. GROWTH MANAGEMENT Planning Director Timothy McGarry advised the Board that he was appointed Interim Director of Growth Management. An update on legal issues was presented by James T. Hendrick, Esq. Mr. Hendrick discussed the Vacation Rental Ordinance proceedings; Vested Rights Determination Hearings; Ocean Cay; Ambrose; Key Largo Gambling Boat, Bennett, Personal Watercraft Industry Association lawsuit; and the Notice of Dismissal of the Hawk's Cay Investors Limited. Ken Williams, of CH2MHill did not give an update on the Monroe County Sanitary Wastewater Master Plan. Commissioner Williams discussed with Mr. Hendrick the hearing of Vested Rights Hearings away from the area that it concerns. - Commissioner Williams discussed with the Board $7.8 billion intended to be spent by the Army Corps of Engineers concerning the Re-Study of the Everglades Restoration Project and that a Public Hearing is scheduled for Monday, November 16, 1998 at 5:00 p.m. in the Marathon High School. Marine Resources Director George Garrett and County Administrator James Roberts ~ 98/354 addressed the Board. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Neugent for the Board to be represented at the above Public Hearing by Mayor Wilhelmina Harvey and Commissioner Nora Williams. Motion carried unanimously. Commissioner Freeman discussed with the Board the approval of the Survey Questionnaire concerning Water Reuse in the Little Venice Area (95th Street Ocean to Vaca Cut - Oceanside) of the Marathon Wastewater Service Area. Mr. Garrett addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams to continue the item to the next Board meeting and that Commissioner Freeman be included in the design of the survey questionnaire. Motion carried unanimously. SOUNDING BOARD ~ Robert A. Massaron addressed the Board concerning the consideration to have the County reissue expired building permit for Lot 14, Block D, Piney pointe, Big pine Key. County Attorney James T. Hendrick and Planning Director - Interim Growth Management Director, Timothy McGarry addressed the Board. The Board took no official action. GROWTH MANAGEMENT Planning Director - Interim Growth Management Director, Timothy McGarry and Johnny O'Daniel addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of the waiver of building fees for the reconstruction of structures damaged by Hurricane Georges and Tropical Storm Mitch until June 18, 1999, upon receipt of a building permit application submitted to the Building Official by December 18, 1998; as well as wide spread information being made available to the public. Mr. Hendrick and Mr. Roberts also addressed the Board. Roll call vote was unanimous. MONROE COUNTY HEALTH DEPARTMENT ~ Diana Mellon-Lacey representing the Monroe County Health Department, Environmental Administrator Jack Teague and County Administrator James Roberts addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval and authorizing execution of the Annual Core Contract between Monroe County and the Florida Department of Health, Monroe County Health Department, for health ~ 98/355 department services provided in Monroe County. Motion carried unanimously. COMMISSIONERS' ITEM Community services Director Peter Horton addressed the Board. Motion was made by Commissioner Freeman and seconded by Mayor Harvey granting approval of a widow's request to include the name of "George J. Faraldo" to the present name of the Key West International Airport. Motion carried unanimously. ~ Annik and Tory Dowsett addressed the Board concerning petitioning the Board to rescind liens on their homestead property and affect the final settlement with the County. County Administrator James Roberts and County Attorney James T. Hendrick also addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Williams to waive the policy concerning time limits on anyone wishing to address the Board and allow an additional four (4) minutes for Mr. and Mrs. Dowsett to speak. Roll call vote was unanimous. Johnny O'Daniel addressed the Board. Motion was made by Commissioner Neugent and seconded by Mayor Harvey to propose a counter-offer requiring a payment of $25,000 by the Dowsetts to Monroe County. After consideration, the motion withdrawn. This matter was referred to Staff to provide additional information and a recommendation to the Board. Motion was then made by Commissioner Reich to accept the first settlement offer made by the Dowsetts. Motion died for lack of a second. COUNTY ADMINISTRATOR County Administrator James Roberts reported to the Board on the progress of Hurricane Georges cleanup and the follow up with FEMA. Solid Waste Director Clark Lake; Jim Stone, representing KPMG Peat Marwick; and John Albert, representing Waste Management, Inc., also addressed the Board. Mr. Roberts discussed the Board of County Commissioners' monthly meeting dates for 1999. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of the proposed BOCC dates for 1999 (second week of the month) except for the month of July, (third week of the month). Motion carried unanimously. ~ PUBLIC HEARINGS A Public Hearing was held to consider the transmittal - 98/356 of amendments to the Future Land Use Map and the Official Land Use District Map for sixteen (16) County park sites. Planning Director - Interim Growth Management Director, Timothy McGarry addressed the Board. There was no pUblic input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution transmitting to the Florida Department of Community Affairs the request by Monroe County to change the Future Land Use Map of the Monroe Countv Year 2010 ComDrehensive Plan from various designations to Recreation (R) for Friendship Park, Key Largo Community Park, Old Settler's Park, Jesse Hobbs Park, Swartz Property (future Marathon Park), Watson Field, Ramrod Key Swimming Hole, Bay Point Park, Wilhelmina Harvey Children's Park and Bernstein Park. Motion carried unanimously. RESOLUTION NO. 484-1998 See Res. Book No. 140 which is incorporated herein by reference. - Motion was made by Commissioner Neugent and seconded by Commissioner Reich to adopt the fOllowing Resolution transmitting to the Florida Department of Community Affairs the request by Monroe County to change the Future Land Use Mao of the Monroe Countv Year 2010 ComDrehensive Plan from various designations to Conservation (C) for Garden Cove Park, Bay Haven Park, Coco Plum Beach, and Cutthroat Harbor. Motion carried unanimously. RESOLUTION NO. 485-1998 See Res. Book No. 140 which is incorporated herein by reference. A Public Hearing was held to consider an Amendment to Sections 9.5-391 through 9.5-395 of the Monroe County Code concerning Outdoor Lighting. Planning Director - Interim Growth Management Director, Timothy McGarry and County Engineer Dave Koppel addressed the Board. The Board accepted public input with the following individuals addressing the Board: William F. Brown and Dagny Johnson, representing the Upper Keys citizens Association. The Clerk read a letter from the Upper Keys citizens Association into the official record. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to accept the recommendation from the Upper Keys citizens Association concerning Section 9.5-392 to limit the maximum height to sixty (60) feet. After consideration, motion was withdrawn. Motion was then made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Ordinance, as amended. Said amendment as follows: Page 2 of 4 - Section 9.5-392. Outdoor lighting - standards. Add the following sentence at the end of the Section: "except for fields designated as public athletic facilities "Little League Baseball Fields" shall be mounted up to a maximum ~ 98/357 of sixty (60) feet in height at the Key Largo County Park". ORDINANCE NO. 039-1998 See Ord. Book No. 49 which is incorporated herein by reference. Motion carried unanimously. COUNTY ADMINISTRATOR Motion was made by Commissioner Freeman granting approval for KPMG Peat Marwick to do three presentations to the public in the Keys in reference how to respond to storm damage and deal with the appropriate agencies. Motion died for lack of a second. COUNTY ATTORNEY ~ Motion was made by Commissioner Neugent and seconded by Commissioner Reich granting approval and authorizing execution of Settlement Agreement, Reservation and Restrictive Covenants, and Grant of Conservation Easement as to Lots 5, 6 and 7, Port pine Heights Subdivision (Steve Spector). Motion carried unanimously. David P. Rice, representing the Marathon Economic Development Council and Richard Fortmann addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval and authorizing execution of a Contract between Monroe County and the Marathon Economic Development Council for a Management Agreement for the Boot Key Harbor Marina. Roll call vote was unanimous. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval and authorizing execution of two Interlocal Agreements (one limited to roads) between Monroe County and the Village of Islamorada. 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 ~