05/20/1997 Regular
97/98
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, May 20, 1997
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
Commissioners Shirley Freeman, Wilhelmina Harvey, Jack London,
Mary Kay Reich and Mayor Keith Douglass. Also present were Danny
L. Kolhage, 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner London and seconded by
Commissioner Harvey granting approval of Additions, Corrections,
and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
An Employee of the Month Award was presented to Juan
Serrano, Key Largo Facility, Recycling Operations Section, Solid
Waste Management Division.
The Board made Recognition of Calvin Miller.
A Mayor's Proclamation was made designating May 11-17,
1997 as Hospital Week.
A Mayor's Proclamation was made designating May 18-24,
1997 as Emergency Medical Services Week.
A Mayor's Proclamation was made designating May 18-24,
1997 as Elder Law Week.
A Mayor's Proclamation was made designating May 17-23,
1997 as National Safe Boating Week.
97/99
BULK APPROVALS
Motion was made by Mayor Douglass and seconded by
Commissioner Freeman to approve the following items by unanimous
consent:
The Board granted approval to remove surplus items from
inventory and dispose of same and advertise for bids. Said
schedule of surplus items is incorporated herein by reference.
Board adopted the following Resolution requiring the
payment of the fees authorized by Chapter 9G-20, Florida
Administrative Code, for the review of emergency response plans
for congregate living facilities, nursing homes, group homes,
intermediate care facilities for the developmentally disabled,
ambulatory surgical centers and hospitals.
RESOLUTION NO. 139-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board authorized the issuance of a Certificate of
Public Convenience and Necessity to Ocean Reef Volunteer Fire
Department, Inc. DBA Ocean Reef Public Safety Department for the
operation of an advanced life support transport ambulance
service.
Board adopted the following Resolution authorizing the
Mayor to sign a Consent to the Assignment of the March 15, 1995
Agreement with Wheelabrator Clean Water Systems, Inc. to A & J
Cartage Southeast.
RESOLUTION NO. 140-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board granted approval and authorized execution of a
Contractual Agreement between Monroe County and the South Florida
Employment Consortium for the Title lIB Summer Youth Employment
and Training Program, Contract No. 2B-97-02-01.
Board granted approval of the appointments of Mary
Joubert, Mayor Keith Douglass and Ann Rhodes to the Jobs and
Education Partnership Board.
Board adopted the following Resolution for the filing
of a grant application between Monroe County and FDEP-BIF for a
Florida for a Florida Keys Harbor Clean Up Project in the amount
of $15,000.
RESOLUTION NO. 141-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board granted approval and authorized execution of a
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Contract Agreement between Monroe County and ASAP Marine
Contractors for Derelict Vessel Removal Zone 1I-1997.
Board granted approval and authorized execution of a
Federal Aviation Administration Pre-Application for Airport
Improvement Project Grant for the environmental enhancement of
East-Martello property.
Board granted approval and authorized execution of a
Joint Participation Agreement between Monroe County and the
Florida Department of Transportation for airport land
acquisition, Contract No. AE 597.
Board granted approval and authorized execution of a
Lease Renewal Agreement between Monroe County and the Monroe
County Mosquito Control District, for space at the Marathon
Airport.
Board granted approval and authorized execution of a
Supplemental Joint Participation Agreement between Monroe County
and the Florida Department of Transportation for funding for
Monroe County Airport Layout Plans, Contract No. AD 031.
Board granted approval and authorized execution of a
license between Monroe County and Hamco Enterprises, Inc., to
place snack vending equipment at the Marathon Airport.
Board granted approval and authorized execution of
change Order #2 between Monroe County and URS Greiner, Inc, for
Arbor Tree & Landscape Co., Inc. for Phase II of the Noise Buffer
Project at the Key West Airport in the increased amount of
$32,558.07.
Board granted approval and authorized execution of
Amendment #1 to the National Association of Counties Deferred
Compensation Program Plan Document and adoption of the following
Resolution authorizing the establishment of custodial Account and
Life Insurance Transfer Authorization.
RESOLUTION NO. 142-1997
See Res. Book No. 134 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 FY 98 Anti-Drug Abuse Program.
RESOLUTION NO. 143-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board granted approval and authorized execution of a
Memorandum of Agreement between Monroe County and the Florida
Department of Community Affairs to Modification No. 3 of the
97/101
Hurricane Andrew Recovery and Rebuilding Trust Fund Agreement No.
940S-89-11-54-01-030.
Board granted approval to advertise a budget amendment
for Fine & Forfeiture, Fund 101, to adjust beginning fund
balance.
Board granted approval to spend Police Impact Fees not
to exceed amounts collected in the District for the purchase of a
new patrol car for Key Colony Beach.
Board granted approval to spend Park Impact Fees for a
new city park for Key Colony Beach.
Board adopted the following Resolution for the Receipt
of Unanticipated Funds. (Schedule Item NO.1)
RESOLUTION NO. 144-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds. (Schedule Item NO.2)
RESOLUTION NO. 145-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 502-1996. (Schedule Item NO.3)
RESOLUTION NO. 146-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 504-1996. (Schedule Item NO.4)
RESOLUTION NO. 147-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 505-1996. (Schedule NO.5)
RESOLUTION NO. 148-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 503-1996. (Schedule NO.6)
RESOLUTION NO. 149-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 589-1996. (Schedule NO.7)
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RESOLUTION NO. 150-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds. (Schedule Item No.8)
RESOLUTION NO. 151-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Schedule Item NO.9)
RESOLUTION NO. 152-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Schedule Item No. 10)
RESOLUTION NO. 153-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Schedule Item No. 11)
RESOLUTION NO. 154-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds. (Schedule Item No. 12)
RESOLUTION NO. 155-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Schedule Item No. 13)
RESOLUTION NO. 156-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Schedule Item No. 14)
RESOLUTION NO. 157-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Schedule Item No. 15)
RESOLUTION NO. 158-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
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Transfer of Funds. (Schedule Item No. 16)
RESOLUTION NO. 159-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 102-1997. (Schedule Item No. 17)
RESOLUTION NO. 160-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds. (Schedule Item No. 18)
RESOLUTION NO. 161-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Schedule Item No. 19)
RESOLUTION NO. 162-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board granted approval to purchase one new asphalt
paving machine from L.B. Smith, Inc., in the total amount of
$55,552.
Board granted approval to trade in the Road
Department's 1992 John Deere 670B Motor Grader ad purchase one
new Caterpillar 12H Motor Grader with attachments in the amount
of $81,903. from Kelly Tractor Co., under Federal Contact No. GS-
30F-1025D.
Board granted approval to use Road Department equipment
and labor to perform overlay, drainage and parking improvements
at the Cudjoe Key Landfill access road for the Monroe County
Solid Waste Division.
Board granted approval to advertise for bids for
central a/c repair contract - lower keys facilities, contract not
to exceed $15,000 per year.
Board granted approval to advertise for bids for
central a/c repair contract - upper keys facilities, contract not
to exceed $15,000 per year.
Board granted approval and authorized execution of a
Contract Amendment between Monroe County and Barnes' Alarms
Systems, Inc., to add Central Station Monitoring for the J.
Lancelot Lester Justice Building fire alarm system, the Public
Service Building fire alarm system, and the Judicial Panic
Hardware System for the Lower Keys (for an addition $55.00 per month).
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Board adopted the following Resolution accepting
certain culvert easements within the Jolly Roger Estates
Municipal Service Taxing District and authorized the Mayor to
execute same.
RESOLUTION NO. 163-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board granted approval and authorized execution of
Change Order No. 1 with Pavex Corporation for Little Torch Key
Roads II reducing the contract amount by $4,857.30.
Board granted approval of award of bid and authorized
execution of a Contract with Brewer Company of Florida, Inc., for
stock Island Roads I Roadway Improvement in the amount of
$251,245.50.
Board granted approval and authorized execution of
Change Order No.1 with J. A. LaRocco Enterprises, Inc., for
Harry Harris Park increasing the contract amount by $18,050.
Board granted approval and authorized execution of
Change Order No.2 with The Brewer Company of Florida, Inc., for
Big Pine Key Roads VII adding a 197 day time extension.
Board granted approval and authorized execution of a
Contract between Monroe County and Laumar Roofing South, Inc., in
the amount of $159,200 for roof replacements at the Plantation
Key Courthouse, Key Largo Library and The Ellis Building.
Board granted approval and authorized execution of
Change Order No.2 with Hewett-Kier Construction, Inc., for
turnkey audio-visual installation and teleconferencing
installation in The Harvey Government Center at Historic Truman
School.
Board granted approval and authorized execution of
Amendment 12 to 1996-97 Alzheimer's Disease Initiative Contract
KG-697 with the Alliance for Aging, Inc.
Board granted approval of Gonzalez Architects' invoice
for additional work at the Harvey Government Center at Historic
Truman School in the amount of $4,165.
Board granted approval of Gonzalez Architects' invoice
for additional work at the Jackson Square County Courthouse in
the amount of $8,475.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of the Florida Keys Fishing
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Tournaments, Inc. operations manual revisions.
Board granted approval of Policy Reimbursement of
industry approved business function costs.
Board granted approval and authorized execution of an
Agreement between Monroe County and Prange & O'Hearn, Inc.,
Marketing and Research Group to conduct a Gay/Lesbian visitor
Profile Survey beginning June 1, 1997 and terminating March 31,
1998 in the amount of $7,740 - FY '97.
Board granted approval and authorized execution of an
Amendment to extend the Agreement with Prange & O'Hearn, Inc.,
Marketing and Research Group currently covering November 1, 1996
through December 31, 1997, for three (3) months ending March 31,
1998. No extra monies required for extension of contract.
Board granted approval for the acceptance of the TDC
recommendation that Vince Taporowski is still considered to be in
a Tourist Related Business and therefore qualified to sit on the
TDC Board.
Board granted approval to advertise a Request For
Proposal for the Cultural Umbrella.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Holiday Isle
Resort & Marina, covering Islamorada Offshore Challenge to change
the event date from September 13, 1997 to October 4, 1997.
Board granted approval and authorized execution of a
three (3) year Agreement between Monroe County and The Market
Share, Inc., to provide mail fulfillment beginning June 1, 1997
through June 1, 2000, in the amount of $60,000 per FY.
CONSENT AGENDA / BULK APPROVALS
Board adopted the following Resolution approving the
request filed by st. Justin Martyr Catholic Church for an
exemption from the permit allocation system for nonresidential
development for federally tax-exempt institutional uses for the
construction of a school classroom, an addition to the parish
hall kitchen and an education center located at 105500 U.S. 1,
Key Largo, Monroe County, Florida, mile marker 105, Key Largo,
Monroe County, Florida.
RESOLUTION NO. 164-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board clarified ending date to the Amended Joint
Participation Agreement (JPA) between Monroe County and the
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Florida Department of Transportation regarding the
Bicycle/Pedestrian Transportation Services to correctly reflect
an ending date of June 30, 1998.
Board granted approval and authorized execution of a
Contract between Monroe County and Lewis Environmental Services,
Inc., to produce the Technical Summary Document (TSD) for the
Advanced Identification of Wetlands (ADID) grant project.
Board adopted the following Resolution amending
Resolution No. 364-1992 and any other previous fee schedules
inconsistent herewith, and amending the Planning Department Fee
Schedule to include an application fee for administrative
variances to Section 9.5-345(m) (2)b., Monroe County Code,
regarding the lengths of docks.
RESOLUTION NO. 165-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board granted approval and authorized execution of
Amendment 1 to Grant Agreement OFMAS-057 between Monroe County
and the Florida Department of Environment Protection regarding
the Spiegel Grove Artificial Reef to extend the expiration date
from June 30, 1997 to December 1, 1997.
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Planning Director
in Land Use District Map Boundary Interpretation #103 regarding
Lot #3 situated on the island of Upper Matecumbe and being a part
of Lot #2 platted by George L. McDonald, Plat Book #1, Page 41 in
Section 32, Township 63 South, Range 37 East, Monroe County,
Florida, approximate Mile Marker 81.5.
RESOLUTION NO. 166-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board adopted the following Resolution granting the
designation of "Historical and Cultural Landmark" to the "Pinder-
Albury House" at 132 Tavern Drive, in Tavernier, Florida. The
property is described as Tavernier #2 Subdivision, Lot 30, Block
A, in Section 34, Township 62 South, Range 38 East. The Real
Estate Identification Number is 00555850-000000.
RESOLUTION NO. 167-1997
See Res. Book No. 134 which is incorporated herein by reference.
Board granted approval of the following two (2)
Affordable Housing Deed Restrictions, nineteen (19) Transfers of
Buildable Lots to Monroe County by Warranty Deed, and six (6)
covenants restricting the property owner to having one dwelling
unit on two contiguous lots. Pursuant to Ordinance No. 016-1992
these documents have been filed by the applicants receiving
97/107
dwelling unit allocation awards for the quarter ending on April
13, 1997: .
2 Affordable Housing Deed Restrictions
Permit No.
Name on Deed Restriction
97-3-0923
97-3-0544
George Wallis
Kevin Spriggs
19 Transfers of Buildable Lots bY Warranty Deed to Monroe County
Permit No.
Name on Warranty Deed
Legal
Description
96-3-3301
Alicides & Luisa Gonzalez
Lot 14
Block 9
Kinercha
97-3-097
Donald Fanelli &
Sean Heffron
Lot 9
Block 5
Kinercha
96-3-3735
Gunther Schott
Lot 19
Block 9
Kinercha
96-3-0436
Andy Gonzalez
Lot 15
Block 5
Kinercha
97-3-0643
Donald Hammond
Lot 21
Square 5
Kinercha
96-3-2454
Marvin Barrett
Lot 35
Block 3
Palma Sola
96-1-0394
Vernon H. Bonnell
Lot 15
Block 11
Palm Villa
97-1-0218
Thomas D. & Caron D.
Burgess
Lot 1 & 3
Block 5
Kinercha
97-1-0216
John W. Ronnlof III
Lot 2
Block 5
Kinercha
96-1-0216
John W. Ronnlof III
97-1-0341
Tom Estes
97-1-0431
Gene Demanbro
97-1-0431
Gene Brian Demanbro
97-1-0448
Janosik & Bozena Haza
97-1-0158
Jack Marchant
96-1-1458
Bruce G. Byrnes
97-1-0406
William P. Horn
6 Restrictive Covenants For Contiguous Lots
Permit #
Name of Warranty Deed
97-3-0694
Fred Snowman
Rachel Snowman
97-3-0772
Todd & Mireille Sabin
97-3-0530
MJB Corporation
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Lot 26
Square 5
Kinercha
Lot 29 &
30, Block
3, Torch
Key
Lot 1
Block 3
Torch Key
Lot 19
Square 32
Palm villa
Lot 11
Block 9
Kinercha
Lot 9
Block 18
Palm Villa
Lot 10
Block 25
Palm Villa
Lot 16
Block 9
Kinercha
Leqal
Lots 10
& 9, Block
1 Edenaire
Lots 4 & 5
Block 2,
Sunset
Point
Lots 17
Block 7
& 6
Anglers Pk
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97-1-0139
Ralph E. Kendall
cynthia A. Roney-
Kendall
Lots 32
& 33
section A
Doctors
Arm 3rd
Addition
97-1-0110
Walter & Barbara Howell
Lots 3 & 4
Bay Point
97-1-0461
Manny Messequer
Lots 10 &
11, Block
6
Summer land
Key Cove
Addition 8
Board granted approval of a Grant of Conservation
Easement for Lot 9, Block 2 "Harris Ocean Park Estates" between
Monroe County and Miguel A. Pozo.
Board granted approval of a Grant of Conservation
Easement for PR Tract A, Tropical Coral Reef Estates, Plantation
Key, (P13.6 page 8) between Monroe County and Marvin Barrett.
Board granted approval of a Grant of Conservation
Easement for Lot 9, Block 32, Crains Subdivision, P.B. 1/50
between Monroe County and Dennis Kellner.
Board granted approval to advertise a proposed "Slow
Speed/Minimum Wake Zone" ordinance for the Boot Key Harbor sister
Creek Area, Marathon, for Public Hearing at the June BOCC
meeting.
DIVISION OF GROWTH MANAGEMENT
Board granted approval of a request to schedule and
advertise Public Hearings for Comprehensive Text Amendments to
the Monroe county Land Development Regulations pertinent to the
regulation of signs. said hearings to be held at 5:00 p.m., June
18, 1997 in Marathon, and 10:00 a.m., July 16, 1997 in Key West.
MISCELLANEOUS
Board granted approval of the recommendation from the
Parks & Recreation Advisory Board of the name "Key Largo
Community Park" for the Marr Property on Key Largo.
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Board granted approval, as revised, of the Boot Key
Harbor Ad Hoc Committee Membership as follows:
Boot Key Harbor Ad Hoc Committee Membershio
Chairman - George Neugent
Marine Facilities Ooerators
Jim Cuthbert
Carolyn Voit
Boot Key Harbor Boaters Grouos
Bill Sweeney
Jerry Bradway
Boot Key Harbor Shore Residents
Charles Kanter
Leehman Wexlin
Commercial Fishina Interests
Peter Worthington
Karl Wagner
Marathon Business Community
Bill Cadiz
Tina Brown
Environmentalists
Cindy Stong
Joy Tatgenhorst
citizens at Large
Joan Manges
Duncan Mathewson
Monroe Boaters Association
F. Paul Koisch
will Adams
Condominium Associations
Gene Kibbe
Bernard Kan
* The first member listed for each group is the
primary, and the second listed serves as an alternate.
SHERIFF'S DEPARTMENT
Board granted approval and authorized the following
expenditures in the amount of $26,806.62 from the Law Enforcement
Trust Fund:
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$ 325.00 Tuition costs to send one detective to the
American Professional Society on the Abuse of Children Fifth
National Colloquium Training.
3,055.00 To send 17 boys and girls, ages 9 to 15 from
the bricklayers organization, as well as 6 adult chaperons to the
12th national conference for preventing crime in the black
community.
8,290.00 To fund a trip for the Explorer Cadets to
attend the 1997 Florida Sheriff's Explorer Association State
Convention.
11,159.00 To purchase new equipment for the
Explorer/Cadets throughout Monroe County.
477.62 For the replacement of the Florida Sheriff's
Youth Ranch star.
3,500.00 To fund a summer program through Florida Keys
Community College Advanced College Explorer Program.
COMMISSIONERS' ITEMS
Board granted approyal of the change of hours of
operation for Friendship Park for a trial basis during the summer
months. Revised hours for the entire park would from 7:30 a.m.
to 10:30 p.m.
Board granted approval of the issuance of a permit for
the removal of an old termite eaten trailer with a new trailer at
30933 Mercedes Road, Big pine Key, Florida.
Board granted approval for the Mayor to send a letter
to the Congressional Delegation supporting the Florida Department
of Environmental Protection recommendation for authorizing
language to allow the Environmental Protection Agency to make a
grant directly to Monroe County for Wastewater Facility
Construction under Title II of the Federal Water Pollution
Control Act.
COUNTY ADMINISTRATOR
Board reviewed monthly financial documents as prepared
by the Office of Management and Budget and review of the budget
trends for the next fiscal year.
Board granted approval of request for Temporary
Closing/Special Use Of State Road for the 22nd Annual July 4
Parade.
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COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY , PSYCHOLOGICAL EVALUATIONS, The Care Center
for Mental Health, in the amount of $3,850.00.
COURT APPOINTED ATTORNEY'S, John Rotolo, in the amount
of $1,433.76; Manuel E. Garcia, in the amount of $2,130.00;
Cunningham, Albritton, Miller, Hamilton & Crimella, in the amount
of $1,252.40; Mitchell Denker, in the amount of $4,484,97; Albert
L. Kelley, in the amount of $1,477.50; Jason R. Smith, in the
amount of $281.25.
COURT APPOINTED ATTORNEY'S - CONFLICT, Jason R. Smith,
in the amount of $7,087.50.
$72.12
TRAVEL EXPENSES, witness Travel, in the amount of
COURT REPORTERS, Associated Court Reporters, in the
amount of $2,430.50; Florida Keys Reporting, in the amount of
$1,106.25; Amy Landry, in the amount of $460.00; Vicky Lynn Doty,
in the amount of $1,402.25; Emily Harris Parsons, in the amount
of $30.00.
COURT INTERPRETERS, JR Alayon-Forti, in the amount of
$630.00; William Waddell, in the amount of $140.00; Jose
Menendez, in the amount of $1,190.00; Rejean Clement, in the
amount of $35.00; Beata K. Sharpe, in the amount of $35.00; Mario
Baldatti, in the amount of $195.00; Gilbert D. Mora, in the
amount of $85.00; Myda Maloney, in the amount of $85.00; Jiri
Dozel, in the amount of $40.00; Sergio Alvarez, in the amount of
$490.00; Estrella Garcia, in the amount of $$140.00.
OTHER EXPENSES, Boulevard Travel, in the amount of
$1,766.82; State of Florida, in the amount of $85.35; Santa Mara
Maria Hotel, in the amount of $178.00.
EXPERT WITNESS, F. Thomas Carroll, BSMIT, in the amount
of $1,950.00.
COUNTY CLERK
Board approved the following Warrants:
GENERAL REVENUE FUND (001), #283103-284883, in the
amount of $11,328,884.67.
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Board approved the County Commission Meeting Minutes of
March 19 & 20, 1997.
Board selected and authorized contract negotiations, as
recommended by the Audit Selection Committee, with the audit firm
of Kemp & Greene, CPA to conduct the County audit for Fiscal
Years ending September 30, 1997, 1998 and 1999 with the option of
an additional two subsequent fiscal years.
Board granted approval of an extension for the
submission of the Clerk's budget for Fiscal Year 1997-98 pending
completion of compensation study.
COUNTY ATTORNEY
Board granted approval and authorized execution of an
Interlocal Agreement between Monroe County and the School Board
of Monroe County to provide school buses to the County to use in
case of threatened or actual disaster situations.
Board granted approval to advertise an Ordinance
amending Sec. 6-31(b), MCC in order to exempt satellite TV
antennas and microwave receiving antennas 18" in diameter or less
from the requirement of obtaining a building permit prior to
installation.
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and Stuart Newman
Associates, Inc., revising Paragraphs 4 and 6 to read ''''Film
Industry Liaison" instead of "Film Commissioner's Aide."
Board adopted the following Resolution stating that the
policy of the BOCC is not to bill persons with special medical
needs who must be evacuated by ambulance during emergency
conditions and to seek reimbursement from FEMA or other grant
sources.
RESOLUTION NO. 168-1997
See Res. Book No. 134 which is incorporated herein by reference.
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Attorney Jim Mattson and Growth Management Director,
Bob Herman addressed the Board concerning the consideration of a
request for a variance, pursuant to Section 6-40(f) of the Monroe
County Code, submitted by Andrew Tobin, counsel for Lamar Louise
Curry, to extend for one year the expiration dates of building
permits for fourteen single family residences located in Coral
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Coast SUbdivision, Key Largo, approximate mile marker 97. After
Board discussion, motion was made by Commissioner Reich and
seconded by Commissioner Harvey to authorize the tolling of the
permits until after a Development Agreement is considered.
Motion carried unanimously.
Sal Guiterrez and Growth Management Director, Bob
Herman addressed the Board concerning a correction to a proposed
ordinance amending the Future Land Use Map and amendment to an
ordinance (#006-1997) amending the Official Land Use Designation
(zoning) Map for the "Harbor Shores" map amendment. Motion was
made by Commissioner London and seconded by Commissioner Harvey
to waive the $250 fee to appeal to the Planning commission.
Motion carried unanimously. * The Board took no action on the
proposed Ordinance.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of a
Resolution renouncing and disclaiming and right of the County and
the public in and to a portion of an unnamed right-of-way
perpendicular to Lobster Lane, Sunrise Point SUbdivision, Key
Largo, Florida. There was no public input. Motion was made by
Commissioner London and seconded by Commissioner Freeman to adopt
the fOllowing Resolution. Motion carried unanimously.
RESOLUTION NO. 169-1997
See Res. Book No. 134 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending Sec. 6-16(c), Monroe County Code, by the
adoption of the latest revision of ASCE (American Society of
civil Engineers) Standard #7; which dictates the use of a peak
wind speed (in 3 second gusts) of 150 MPH. Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code; and providing an effective date. Growth
Management Director, Bob Herman addressed the Board. There was
no public input. Motion was made by Commissioner Freeman and
seconded by Commissioner Reich to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 016-1997
See Ord. Book No. 43 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending Sec. 6-16.1(1) "Chemical Toilet" by
establishing the criteria that defines an "Approved Toilet"
Providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation
into the Monroe county Code; and providing an effective date.
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Growth Management Director, Bob Herman addressed the Board.
There was no pUblic input. Motion was made by Commissioner
London and seconded by Commissioner Harvey to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 017-1997
See Ord. Book No. 43 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance which amends M.C.C. Section 6-31(a) & (b), in order to
achieve compatibility with Flood Plain Management requirements
(M.C.C. Section 9.5-125) IE: Permits are required for any new
work subject to flood plain jurisdiction; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code; and providing an effective date. Growth
Management Director, Bob Herman addressed the Board. There was
no public input. Motion was made by Commissioner London and
seconded by Commissioner Harvey to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 018-1997
See Ord. Book No. 43 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance concerning authority of the County Administrator;
Granting the County Administrator the authority to approve the
per event sale of alcoholic beverages on county property if the
applicant meets various conditions; Determining that no
discretion authority of the Board of County Commissioners is
delegated if the County Administrator executes contracts on
Monroe County's behalf under certain circumstances and
authorizing him to do so; Providing for severability; Providing
for the repeal of all Ordinances inconsistent herewith; Providing
for incorporation into the Monroe County Code; and providing an
effective date. There was no public input. Motion was made by
Commissioner London and seconded by Commissioner Freeman to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 019-1997
See Ord. Book No. 43 which is incorporated herein by reference.
MISCELLANEOUS BULK APPROVALS
Solid Waste Director, Clark Lake addressed the Board
concerning approval of a sole source vendor Bulk Express
Transport for the hauling of recyclable to market. Bruce
Williams of Island Disposal addressed the Board. Motion was made
by Commissioner London and seconded by Commissioner Freeman
granting approval of Bulk Express Transport. Motion carried
unanimously.
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Motion was made by Commissioner London and seconded by
Commissioner Reich to postpone to the next Board of County
Commissioners' meeting the approval to purchase advertising time
from TCI Cablevision for Solid Waste Education and Recycling
commercials. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Freeman to table to the June meeting, pending
receipt of more information, the award of bid to the Care Center
of Key West to implement the County's Employee Assistance
Program. Roll call vote was unanimous.
Motion was made by Commissioner London and seconded by
Commissioner Freeman granting approval to advertise for bids for
a Professional Entomologist to evaluate, design and recommend the
most appropriate, environmentally sound pest control management
system for County landscapes and structures. Roll call vote was
taken with the following results:
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
County Engineer, Dave Koppel and Growth Management
Director, Bob Herman addressed the Board. Motion was made by
Commissioner London and seconded by Commissioner Reich accepting
the report on the development of County Parks entitled Status
Reoort - Monroe County Park Develooment. Motion carried
unanimously.
Motion was made by Commissioner Freeman and seconded by
Commissioner Reich granting approval and authorizing execution of
an Interlocal Agreement between Monroe County and the Monroe
County School Board for the Summer recreation program. Motion
carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Jack Teague, Environmental Administrator of the Monroe
County Health Department; Growth Management Director, Bob Herman;
Dagny Johnson, representing the Upper Keys citizen's Association;
and Jerry Wilkinsin, addressed the Board concerning the cesspit
replacement program. The Board took no official action.
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COUNTY ADMINISTRATOR
Monroe county Land Authority Executive Director, Mark
Rosch addressed the Board. Motion was made by Commissioner
Freeman and seconded by Commissioner Reich granting approval for
the Administration with the assistance of the Land Authority to
conclude Agreements, contingent upon county Attorney review, for
the temporary location of the Medical Examiner's Facility.
Motion carried unanimously.
DIVISION OF MANAGEMENT SERVICES
Motion was made by Commissioner London and seconded by
Commissioner Reich to table the request for Waiver of Insurance
Requirements - pigeon Key Foundation to the June Board of County
Commissioners' meeting. Motion carried unanimously.
COMMISSIONERS' ITEMS
commissioner Freeman discussed a request that the South
Florida Water Management District Governing Board meet in Monroe
County when considering the pending DOT permit application for
widening US Highway 1 from Florida city to Key Largo and that any
such permit be conditioned on no work being performed beyond
Stage 1 (bridge replacement) until a socioeconomic impact study
of the Upper Keys is completed.
The following individuals addressed the Board: Charles
Brooks, Joel Carmel, representing the Upper Keys citizens
Association; Adam Koslofsky, Jay Miller, David Ritz, representing
the Ocean Reef Community Association; Nora Williams, representing
the Key Largo Chamber of Commerce; Allison DeFoor, Michael
Collins, representing the Florida Keys Fishing Guides
Association; Jim Harvey, representing the Florida Bay
Initiatives, Inc.; John Hammerstrom, Eugene Shinkevich,
representing the Florida Keys Citizens Coalition; Bob Schneider,
representing the Big pine Key civic Association; Joe Harris, Joan
R. Mowery, President of the Gulfstream Shores Homeowners
Association; Ray Kitchener, representing the Marathon Chamber of
Commerce; Bette Brown-Herlth, Hal Heim, Charles Brooks, and
Zorona Jordan.
Mike Cizcar, representing the Florida Department of
Transportation; Deputy Fire Marshall William Wagner, III and
Sheriff Richard D. Roth addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner London that the
permit for the widening of US Highway 1 from Florida City to Key
Largo be conditioned on no work being performed beyond stage 1
(bridge replacement) until a socioeconomic impact study of the
Upper Keys is completed. Roll call vote was taken with the
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following results:
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner London No
Commissioner Reich No
Mayor Douglass No
Motion failed.
Commissioner Freeman and the Board discussed procedures
to implement a toll on the 18 Mile Stretch. Motion was made by
Commissioner London and seconded by Commissioner Harvey to refer
the matter to the County Administrator to bring back with
recommendations and further information at the June Board
County Commissioners' meeting. Mike Cizcar, representing
Florida Department of Transportation addressed the Board.
call vote on was unanimous.
of
the
Roll
Charles Brooks and Mike Collins also addressed the
Board concerning the above item.
Commissioner Freeman excused herself from the meeting
for the remainder of the day.
SOUNDING BOARD
Scott Marr updated the Board on the Key Largo Economic
Development Councils Strategic Community Plan. After discussion,
motion was made by Mayor Douglass and seconded by Commissioner
Harvey to support the efforts of the Key Largo Economic
Development Council. Motion carried unanimously, with
Commissioner Freeman not present. * This motion is reconsidered
and withdrawn later in the meetinq.
Morgan Levy and Christine Coffin of the South Florida
Resource Conservation & Development Council, Inc., - South Dade
Soil, Dade Soil, Water & Conservation District made a
presentation to the Board to invite Monroe County to join the
Council. This matter was referred to the County Administrator
for him to send a letter of support if he deems appropriate.
Motion was made by Commissioner London and seconded by
Commissioner Harvey to reconsider Agenda item P-1 concerning the
update by Scott Marr on the Key Largo Economic Development
Councils' Strategic Community Plan. Motion carried unanimously,
with Commissioner Freeman not present. The previous motion is
then withdrawn because of the Board's policy to not consider
motions on Sounding Board items. However, the Board unanimously
indicated their support for the activities of the Key Largo
Economic Development Council.
Re.v, 's "on
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COUNTY ADMINISTRATOR
The Board discussed the approval of a 3% increase in
the amount of funding for the distribution of grants to Human
Service Organizations as recommended by the Human Services
Advisory Board. The Board took no official action.
DIVISION OF PUBLIC SAFETY
Public Safety Director, Reggie Paros addressed the
Board and indicated that he had received a Notice of Termination
under the conditions of the Agreement between Monroe County and
PCS Primeco concerning the translator tower.
PUBLIC HEARINGS
A Public Hearing was held concerning a proposed
amendment to the Future Land Use Map and the Land Use District
(Zoning) Map for applicant/property owner Richard Haight
requesting a future land use change from Residential Low (RL) to
Mixed Use/Commercial (MC) and a zoning change from Suburban
Residential (SR) to Suburban Commercial (SC) for property
described as Lot 7, Block 3 of Key Heights Subdivision, Section
1, (formerly owned by Todd and Susan Sabin) located at
approximately mile marker 88.5 on Plantation Key. Planning
Director, Timothy McGarry, addressed the Board. There was no
public input. Motion was made by Commissioner Reich and seconded
by Commissioner Harvey to adopt the following Resolution
transmitting a request by Richard Haight for an amendment to the
Future Land Use Map of the Monroe County Year 2010 Comorehensive
~ from Residential Low (RL) to Mixed Use Commercial (MC) for
property located at 88665 Overseas Highway (formerly the Sabin
property) and described as Lot 7, Block 3 of Section 1, Key
Heights Subdivision, Section 7, Township 63 South, Range 38 East,
Tallahassee Meridian, Plantation Key, Monroe County, Florida,
mile marker 88.5. The Real Estate Number is 00415940. Motion
carried unanimously, with Commissioner Freeman not present. ~
RESOLUTION NO. 170-1997
See Res. Book No. 134 which is incorporated herein by reference.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to adopt the following Ordinance adoptinq an
amendment to the Official Land Use (Zoning) Map requested by
Richard Haight for a change from Suburban Residential (SR) to
Suburban Commercial (SC) for property (formerly the Sabin
property) located at 88665 Overseas Highway and described as Lot
7, Block 3 of Section 1 Key Heights, Section 7, Township 63
South, Range 38 East, Tallahassee Meridian, Plantation Key,
Monroe County, Florida, mile marker 88.5 The Real Estate Number
is 00415940. Motion carried unanimously, with Commissioner
Re.\I \ s ion
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Freeman not present.
ORDINANCE NO. 020-1997
See Ord. Book No. 43 which is incorporated herein by reference.
A Public Hearing was held on a proposed amendment to
the Future Land Use Map (FLUM) and Official Land Use District
(zoning) Map for applicants/property owners Christina Sutton,
Emanuel Micelli, Robert Petri and John & Ethel Marsteller
(Christina Sutton and Amy Slate, Agents) requesting a future land
use change from Residential High (RH) to Mixed Use Commercial
(M/C) and a zoning change from Urban Residential (UR) to Suburban
Commercial (SC) for properties described as Part of Lot 1 and all
of Lots 2 & 3, Baywood SUbdivision, section 11, TownShip 61
South, Range 39 East, Tallahassee Meridian, Key Largo, Florida.
The properties lie at approximately mile marker 104. Planning
Director, Timothy McGarry, addressed the Board. There was no
public input. Motion was made by Commissioner Reich and seconded
by Mayor Douglass to adopt the following Resolution transmitting
a request by Christina Sutton, Emanuel Micelli, Robert Petri, and
John and Ethel Marsteller (Christina Sutton and Amy (Emanuela)
Slate, Agents) to amend the Future Land Use Map of the Monroe
County Year 2010 Comorehensive Plan from Residential High (RH) to
Mixed Use Commercial (MU/C) for properties described as Part of
Lot 1, and all of Lots 2 and 3, Baywood SUbdivision, Section 11,
Township 61 South, Range 39 East, Tallahassee Meridian, Key
Largo, Monroe County, Florida, Mile Marker 104. The Real Estate
Numbers are 00439590, 00439600, 00439600-000100, and 00439610.
Motion carried unanimously, with commissioner Freeman not
present.
RESOLUTION NO. 171-1997
See Res. Book No. 134 which is incorporated herein by reference.
Motion was made by Commissioner Reich and seconded by
Mayor Douglass to adopt the following Ordinance approvinq an
amendment to the Official Land Use (Zoning) Map requested by
Christina Sutton, Emanuel Micelli, Robert Petri, and John & Ethel
Marsteller (Christina Sutton and Amy Slate, Agents) from Urban ~
Residential (UR) to Suburban Comme.rcial (S/C) for properties
described as Part of Lot 1, and all of Lots 2 and 3, Baywood
SUbdivision, section 11, TownShip 61 South, Range 39 East,
Tallahassee Meridian, Key Largo, Monroe County, Florida, Mile
Marker 104. The Real Estate Numbers are 00439590, 00439600,
00439600-000100, and 00439610. Motion carried unanimously, with
commissioner Freeman not present.
ORDINANCE NO. 021-1997
See Ord. Book No. 43 which is incorporated herein by reference.
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DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman gave the Board
an update on the 2010 Comprehensive Plan, Stormwater Management
Plan, Wastewater Master Plan and three (3) Planning
Commissions/Regulations.
Mr. Herman addressed the Board. Motion was made by
Commissioner London and seconded by Commissioner Harvey to waive
the Purchasing Policies and Procedures and authorize staff to
negotiate a Contract with Ken Creveling for a Non-Residential
Rate of Growth study. Motion carried unanimously, with
Commissioner Freeman not present.
COUNTY ADMINISTRATOR
County Administrator, James Roberts discussed the June
BOCC meeting schedule and agenda. He indicated that there were a
number of items that he wished to discuss with the Board on the
second of a two day meeting.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey granting approval for the Upper Keys
Scholastic and Athletic Fund to place vending machines on County
owned property. Motion carried unanimously, with Commissioner
Freeman not present.
DIVISION OF GROWTH MANAGEMENT I COUNTY ATTORNEY
County Attorney, James T. Hendrick discussed the New
Port Largo appeal to the United states Supreme Court.
Mr. Hendrick advised the Board that he had been
appointed as a Governor from the 16th Judicial Circuit to the
Florida Bar.
Mr. Hendrick discussed the Plaza Associates; Burnham;
revisions to the beneficial use ordinance; Lobster Walk;
Whispering pines code enforcement case; Ocean Cay; Wollard; Post
Buckley, and noise ordinance cases generally.
COUNTY ATTORNEY
County Administrator, James Roberts discussed the
approval to advertise an Ordinance amending Sec. 2-1(b), Monroe
County Code in order to eliminate the $100,000 minimum
construction project cost requirement before the County
Administrator may approve Change Orders of less than $25,000
without County commission approval; Providing that the County
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Administrator may waive construction project liquidated damages
up to $25,000 and extend a construction project's substantial
completion date without County Commission approval; Authorizing
the County Administrator to approve reimbursement for moving
expenses of newly hired department heads and division directors
not to exceed $5,000. Motion was made by Commissioner London and
seconded by Commissioner Harvey granting approval to advertise
the Ordinance. Roll call vote was taken with the following
results:
commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried, with Commissioner Freeman not present.
There being no further business to come before the
Board, the meeting was adjourned.
Danny L. Kolhage
Clerk to the Board of County
Commissioners of Monroe County
.0oo.kL C. &J..,~ ~
Deputy Clerk