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07/16/1997 Regular 97/157 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 16, 1997 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 Commissioners Shirley Freeman, Wilhelmina Harvey, Jack London, Mary Kay ReiCh, and Mayor Keith Douglass. 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Reich and seconded by Commissioner London granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Employee of the Month Award was presented to Bevette Moore, Airport Services, Community Services Division. Presentation of a Proclamation declaring July 20-26, 1997 as Reef Awareness Week. BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve the following items by unanimous consent: Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and American Underwater Contractors for the project known as Adams Waterway Boating Restricted Area. This Amendment will allow the final payment to be made without having it presented to the Board for 97/158 approval. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and ASAP, Inc., for the removal of Derelict Vessels-1997, for Zone II including above Grassy Key to the Monroe County line. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and ASAP Marine Contractors for the project known as Channel Marker Repairs _ Tavernier Creek and Windley Key. This Amendment will allow the final payment to be made without having it presented to the Board for approval. Board granted approval and authorized execution of a Business Lease Agreement between Monroe County and L. H. Kephart, d/b/a Eaton Street Professional Center, for Public Defender office space in Key West. Board granted approval and authorized execution of an Addendum to Lease Agreement between Monroe County and Robertson, Jarrett, Robertson, for office space for the Plantation Key Public Defender, in the amount of $16,200.00 per year. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and Detective Jan McLean, to reside at the upper level of the Big Pine Operations, more commonly known as the "stiglitz House", for an amount of rent and utilities totaling $400.00 per month. Board granted approval and authorized execution of an Easement Agreement between Monroe County and BellSouth Telecommunications, leasing them a portion of land for a communication cabinet in Plantation Key, in the amount of $5,000.00. Board accepted a Status Report, Monroe County Park Development, prepared by D. Peacock of the Engineering Department. Board granted approval to advertise for a Public Hearing for a budget amendment to the Group Insurance Fund #502 to bring in additional funds to cover claims costs for the remainder of the fiscal year. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item I). ~ RESOLUTION NO. 235-1997 See Res. Book No. 135, which is incorporated herein by reference. 97/159 Board adopted the fOllowing Resolution concerning the Transfer of Funds (Sch. Item 2). RESOLUTION NO. 236-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 3). RESOLUTION NO. 237-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 4). RESOLUTION NO. 238-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 5). RESOLUTION NO. 239-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 6). RESOLUTION NO. 240-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 7). RESOLUTION NO. 241-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 8). RESOLUTION NO. 242-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 161-1997 (Sch. Item 9). RESOLUTION NO. 243-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 10). RESOLUTION NO. 244-1997 97/160 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 150-1997 (Sch. Item 11). RESOLUTION NO. 245-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 12). RESOLUTION NO. 246-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 13). RESOLUTION NO. 247-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 579-1996 (Sch. Item 14). RESOLUTION NO. 248-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 044-1997 (Sch. Item 15). RESOLUTION NO. 249-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 033-1997 (Sch. Item 16). RESOLUTION NO. 250-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 17). RESOLUTION NO. 251-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.Item 18). RESOLUTION NO. 252-1997 See Res. Book No. 135, which is incorporated herein by reference. Board granted approval and authorized execution of a Location Provider Agreement between Monroe County and BellSouth 97/161 Public Communications, Inc., for long distance service on BellSouth public telephones located on County properties. Board granted approval and authorized execution of an Amendment to the Administrative Services and Adoption Agreement between Monroe County and Acordia National, Inc., to include the administration of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for our Group Health Plan. Board granted approval and authorized execution of Modification No. 1 to the FY97 Low Income Home Energy Assistance Program Grant Agreement between Monroe County and the Florida Department of Community Affairs. Board granted approval to adopt policy to allow for a minimum present value savings level of 3.50% on a partial sales tax infrastructure bond refund which generates approximately $500,000.00 in present value savings, and to direct the County Attorney to authorize Bond Counsel to draft the appropriate documents including the Refunding Resolution and Preliminary Official Statement. Board granted approval to advertise for the repair of the compactors at each of the three transfer stations. This repair/overhaul will insure an additional five (5) years of service. Board granted approval and authorized execution of a Marina Lease Amendment between Monroe County and Pat and Kelly'S Marina, Inc. CONSENT AGENDA/BULK APPROVALS Board granted approval and authorized execution of a Lease Agreement between Monroe County and Xerox Corporation, for a 36 month lease for a Xerox Engineering Copier Model 2515, with monthly payments of $211.19. Board granted approval of a Flood Variance Application submitted by Charles Braden, for a detached 1,628 square foot garage (airplane hangar) enclosure below base flood elevation, for parking only, on property located on Lots 12 & 13, Summerland Estates, Summerland Key. Board granted approval of a Flood Variance Application submitted by Joseph G. and Frances V. Corr, for a detached 624 square foot storage enclosure below base flood elevation, on property located on Lots 7 & 8, Block 60, Port Pine Heights, Big Pine Key. Board granted approval of a Flood Variance Application 97/162 submitted by Ted McGraw, for a detached 768 square foot garage enclosure below base flood elevation, on property located on Lot 22, Block 3, Matecumbe Sandy Beach, Lower Matecumbe Key. Board granted approval of a Flood Variance Application submitted by Peter and Angela Radler, for a lateral attached 1334 square foot garage enclosure below base flood elevation, for parking only, on property located on Lots 1 & 2, Block 4, Summer land Key Cove, Summerland Key. Board granted approval of a tri-party Memorandum of Understanding between the Habitat for Humanity, the Florida Department of Environmental Protection (DEP) and Monroe County to transplant 12 native hardwood trees from a private lot on Grassy Key to Curry Hammocks State Park. The Board also authorized the County Administrator or his designee to approve similar agreements in the future. Board granted approval and authorized execution of a Conservation Easement Agreement between Monroe County and Lucy and Michael Doyle, for Block 1, Lot 4, Key Largo Beach Addition. COMMISSIONERS' ITEMS Board granted approval of Mayor Douglass' appointment of the Reverend Richard Venezia to the Human Services Advisory Board, replacing Judy Greenman whose term has expired. Board granted approval for Emma Cates, Chairman of the Beach Advisory Board, and Commissioner Harvey to attend the 42nd Annual Conference of the Florida Shore and Beach Preservation Association. Registration, travel and lodging to be paid by County. Board granted approval of Commissioner Harvey's appointment of Sharon Siburn, replacing Burnette stewart, and Janice C. Tuckman, replacing Marci L. Rose, to serve on the Commission on the status of Women. Board adopted the following Resolution in recognition of the late Josephine Park Doughtry. RESOLUTION NO. 253-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution endorsing the application of the Marathon Economic Development Council to participate in the Florida Main street Program. RESOLUTION NO. 254-1997 See Res. Book No. 135, which is incorporated herein by reference. 97/163 COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY , PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici, M.D., in the amount of $1800.00; Care Center for Mental Health, in the amount of $1,050.00; Thomas Hibberd, in the amount of $700.00. OTHER EXPENSES, state of Florida, in the amount of $374.55, Louis J. Spallone, Clerk, in the amount of $750.00; Dan Byrd, in the amount of $206.66. COURT ORDERED ATTORNEY CONFLICT, David G. Hutchinson, in the amount of $2,411.25; stephen S. ISherwood, in the amount of $2,830.40; Manuel E. Garcia, in the amount of $1,278.75; Mark J. Simms, in the amount of $600.00; Ben Harrison, in the amount of $787.50; Cunningham, Albritton, Miller, Crimella & Hamilton, PA, in the amount of $9,077.50; Richard J. Fowler, in the amount of $375.00; Thorton McDaniel, Jr., in the amount of $960.00; Jason R. Smith, in the amount of $6,825.00; Robert GOldman, in the amount of $670.20; Maria Bentancourt, in the amount of $2,098.77; David J. Audlin, in the amount of $2,445.00. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $2,132.25; Florida Keys Reporting, in the amount of $1,246.25; Nancy J. Maleske, in the amount of $114.75; Vicki Lynn Doty, in the amount of $171.50; Jack Beasoner & Associates, in the amount of $60.50; Amy Landry, in the amount of $107.50; Narup, Vouvakis & Assoc., in the amount of $47.80. COURT INTERPRETER, J. R. Alayon Forte, in the amount of $735.00; AT&T Language Line, in the amount of $145.00; Claudia Hancock, in the amount of $80.00; Lilly Giraud Fisher, in the amount of $25.00; Mayda Maloney, in the amount of $170.00; Jose Mendez, in the amount of $330.00; Mario Baldatti, in the amount of $210.00; Estrella Garcia, in the amount of $265.00; Jores Pierrilus, in the amount of $25.00; Mary Lou Waas, in the amount of $125.00; Gilbert D. Mora, in the amount of $100.00; William Waddell, in the amount of $45.00; Sergio Alverez, in the amount of $35.00; Thomas D. Lindsay, in the amount of $50.00; Marie Penot, in the amount of $55.00; Yolande Findlay, in the amount of $30.00; Lou Havaran, in the amount of $85.00. $194.59. TRAVEL EXPENSES, Witness Travel, in the amount of COUNTY CLERK -.--------.-- -.-.-. ..-----"-..._._._-_..,~_.-..~.,_..-...- 97/164 Board approved the following Warrants: GENERAL REVENUE FUND (001), #278105-288673, in the amount of $8,853,937.35 Board approved the County Commission Meeting Minutes of May 20, 1997. COUNTY ADMINISTRATOR Board reviewed the monthly financial documents prepared by the Office of Management and Budget and reviewed the budget trends for the next fiscal year. DIVISION OF PUBLIC SAFETY Board granted approval for the Mayor to sign a letter to serve as written notice extending the Agreement between Monroe County and the District Board of Trustees of Florida Keys Community College (FKCC) to June 30, 1998. Motion carried unanimously. COMMISSIONERS' ITEMS stephen Smith, Chairman of the Monroe County Mosquito Control Board discussed issues surrounding the Mosquito Control function in Monroe County. The Board took no official action. PUBLIC HEARINGS A Public Hearing was held concerning the renouncing and disclaiming any right of the County and the public in and to a potion of an unnamed street in Kinercha Subdivision, Big Pine Key, Monroe County, Florida. There was no public input. Motion was made by Commissioner London and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 255-1997 See Res. Book No. 135 which is incorporated herein by reference. ,- A Public Hearing was held renouncing and disclaiming any right of the County and the Public in and to a portion of Bamboo Terrace, Key Haven Fifth-Addition, Monroe County, Florida. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner London to postpone the item to the October Board meeting in Key West. Motion carried unanimously. 97/165 A Public Hearing was held concerning adoption of an Ordinance amending Section 6-56, Monroe County Code, Specialty Contractors, Number 23, Painting and Decorating Specialty Contractor, Providing for inclusion in the specialty of applying textured finishes to interior ceilings; 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. Motion was made by Commissioner London and seconded by Commissioner Reich to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 028-1997 See Ord. Book No. 44 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 6-59, Monroe County Code in order to require technical testing for the following specialty contractors: steel reinforcing and iron, glazing, gunnite and sand blasting, sign electrician, fire alarm, and low voltage; 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 London to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 029-1997 See Ord. Book No. 44 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 6-56, Monroe County Code, defining demolition, allowing contractors to remove or demolish those elements which they are licensed to install, terminating the specialty classification "Demolition Contractor", Providing for those licensed as of May 1, 1997, as a Demolition Specialty Contractor to continue to be licensed; 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, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 030-1997 See Ord. Book No. 44 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance revising Section 6-62, Monroe County Code, in order to clarify that an applicant for reciprocity must have been tested for the County or Municipality under the license for which he is 97/166 seeking reciprocity; 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 Freeman and seconded by Commissioner Reich to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 031-1997 See Ord. Book No. 44 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance imposing an additional cost of $15.00 in cases where a person, after August 1, 1997, is found guilty of any Misdemeanor where the unlawful use of drugs or alcohol is involved; Providing that for each $15.00 collected, $14.00 will go to Local Substance Abuse Treatment Programs and $1.00 to the Clerk of the Court as a service charge; 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. Clerk of Court, Danny L. Kolhage addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner London to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 032-1997 See Ord. Book No. 44 which is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS Community Services Director, Peter Horton, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Freeman granting approval and authorizing execution of a Memorandum of Understanding, pending staff/legal review, between Monroe County and the Sheriff's Department for law enforcement officers to provide security at the Key West International Airport. Motion carried unanimously. Monroe County Construction Manager, William Bibo and Architect Jose Gonzalez addressed the Board concerning permission to negotiate a fixed fee for additional architectural services at The Harvey Government Center at Historic Truman School, to add betterments to the project requested by the Tax Collector and to waive policies and procedures for the above. After Board discussion, motion was made by Commissioner London and seconded by Commissioner Freeman authorizing Staff to obtain costs and bring back to the Board for final approval item #'s 1, 2 and 3 and directing staff to complete items 4, 5, 6, 7 and 9 as indicated in the Memorandum dated July 1, 1997 from the Office of Construction Management. Roll call vote was taken with the following results: 97/167 Commissioner Freeman Yes Commissioner Harvey No Commissioner London Yes Commissioner Reich Yes Mayor Douglass Yes Motion carried. COMMISSIONERS' ITEMS Attorney David Paul Horan addressed the Board on impact fees concerning his client Dion's Quik Mart/MM 49, Marathon, Florida. Motion was made by Commissioner London and seconded by Commissioner Freeman directing staff to accept the Traffic Impact Fee Analysis conducted by Miller Consulting, Inc., to apply in this case in the absence of applicable standards and directing County staff to make a refund to the applicant and pay the appropriate balance to the Impact Fee Account. Motion carried unanimously. MISCELLANEOUS Gary Dunn, Director of Planning and Programs of the Florida Department of Transportation in Miami; Jerry Wilkinson representing the Historic Preservation Society of the Upper Keys; Henry Rosenthal, representing the Islamorada Chamber of Commerce and Irving Eyster representing the Matecumbe Historical Board addressed the Board concerning the Heritage Monument Trail Enhancement project. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to proceed with the project and requesting that the final version come back before the Board before cast in bronze. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Community Services Director, Peter Horton introduced Professor Bill Trantham of Florida Keys Community College. Mr. Trantham discussed the progress that has been made in the development of an AS Degree in Public Administration. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Harvey requesting Florida Keys Community College to continue the program. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Monroe County Construction Manager, William Bibo and Architect Jose' Gonzalez addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval and authorizing execution of Change Order No.1 between 97/168 Monroe County and T.P.S., Inc., for improvements at the Lester Building in the increased amount of $23,120. Motion carried unanimously. Mr. Bibo addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner London granting approval and authorizing execution of Change Order No. 3 between Monroe County and Hewett-Kier Construction, Inc., for completion of all work at the Harvey Government Center at Historic Truman School. Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of a Purchase Order to buy two 8,000 gallon fuel tanks and associated equipment for the Key West and Marathon fueling facilities, and approval to advertise for bids to remove old tanks, install new fuel tanks, and associated work. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval and authorizing execution of a Modification to Contract between Monroe County and Laumar Roofing South, Inc. to include substantial completion of the work no later than one hundred twenty (120) days, weather permitting for roof repairs at Plantation Key Courthouse, Key Largo Library and the Ellis Building. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Freeman granting approval and authorizing execution of a Funds Agreement, as revised, between Monroe County and Monroe Council for the Arts Corporation, Inc. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of the following two items: Customer Maintenance Agreement between Monroe County and IPL Systems for service to the four (4) disk drives for the AS/400 Computer System. Customer Maintenance Agreement between Monroe County and IPL Systems for service to the 8mm tape drive used for the As/400 Computer System. Motion carried unanimously. SOLID WASTE MANAGEMENT Solid Waste Director, Clark Lake informed the Board of a mail out concerning Solid Waste Pick-Up Service. 'R.~\li ~\C>'" 97/169 DIVISION OF MANAGEMENT SERVICES Mr. Roberts discussed transmittal of the Fiscal Year 1998 Budget from the Administration to the Board of County Commissioners. The Board took no official action. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman discussed the following items: FEMA Compliance; H.E.I. Rewrite; Point System Allocation; Vacation Rentals; Commercial ROGO; Signs; Traffic Moratorium on Big Pine Key and maybe on Plantation Key, Windley Key, Upper Matecumbe, Tea Table, Lower Matecumbe, Duck Key and Grassy Key; New LDR's; the Wastewater Master Plan; Zoning Maps; Stormwater Master Plan; Cesspit Identification/Elimination Program; A survey of 316 jurisdictions concerning their cost to hook up to a central sewage system; and the estimated cost for compliance with Monroe County Ordinance No. 003-1997 Operating Permit Program. Growth Management Director, Bob Herman; Charles Pattison, Director of Resource Planning and Management with the Florida Department of Community Affairs; Theresa Tinker, Aide with the Governor's Office and George Garrett, Marine Resources Director addressed the Board concerning approval of a Memorandum of Understanding (MOU) between the Florida Department of Community Affairs (DCA), the Florida Department of Environmental ~ Protection (DEP) , the Florida Department of Health (DOH) and Monroe County to document the individual and collective responsibilities of the above parties to implement a coordinated review process regarding wastewater disposal permits and development permits for new residential development in the Florida Keys as required under Administration Commission Rule No. 28-20.100, Comprehensive Plan - Part II (34) Policy 101.2.13 and as directed in Executive Order Number 96-108. This document will serve as an interim Permit Allocation System for new residential development. The following individuals also addressed the Board: Charles Brooks, representing the Upper Keys citizens' Association; David Holtz, Bill Smith, representing the Florida Keys Contractor's Association; H. T. Pontin, representing the Ramrod Key Yacht Club; Denise Werling, Jack Wedge, Debra Harrison, representing the World wildlife Fund, Captain Charles Mills, representing the Monroe County Improved Subdivision Residents Homeowners Association; Charles Causey, representing the Florida Keys Environmental Fund; Eugene Shinkevich, representing the Florida Keys Citizens' Coalition; and Nora Williams, representing Operation Sewage. Clerk of Court, Danny L. Kolhage read a letter into the record from the Law Firm of Mattson & Tobin. 97/170 Motion was made by Commissioner Commissioner London granting approval and of the above Memorandum of Understanding. taken with the following results: Freeman and seconded by authorizing execution Roll call vote was Commissioner Freeman Yes Commissioner Harvey Yes Commissioner London Yes Commissioner Reich No Mayor Douglass Yes Motion carried. Land Use Council, Robert Apgar updated the Board on the 2010 Comprehensive Plan process/18 Mile Stretch. Motion was made by Commissioner London and seconded by Commissioner Harvey to allow up to $20,000.00 for Mr. Apgar to represent Monroe County concerning the 18 Mile Stretch appeal. Roll call vote was taken with the following results: Commissioner Freeman No Commissioner Harvey Yes Commissioner London Yes Commissioner Reich No Mayor Douglass Yes Motion carried. COMMISSIONERS' ITEMS Commissioner Harvey discussed amending Ordinance No. 03-1997 to allow a neighborhood waiver from having to update their septic systems and appointing a local citizens task force. It is anticipated that the sudden demand would be temporarily delayed when the community shows good faith in cooperating. County Attorney, James T. Hendrick and Marine Resources Director, George Garrett addressed the Board. The following individuals also addressed the Board: Captain Mills; Eugene Shinkevich; Nora Williams, representing Operation Sewage; Jack Wedge; Joel Carmel, representing the Upper Keys Citizens Association; David Munn and Charles Brooks, representing the Upper Keys citizens Association. After Board discussion, motion was made by Commissioner Harvey and seconded by Commissioner London directing Staff to draft a Resolution creating a citizens committee consisting of four appointees from each Commissioner from the unincorporated area of Monroe County, requesting the Committee to submit a list of issues to be considered by the Committee to the Board for approval and requesting the Board of County Commissioners to send the names of their appointees to the County Administrator. Motion carried unanimously. 97/171 GROWTH MANAGEMENT DIVISION Roger Braun, Executive Director of the Monroe County Housing Authority; Jack Teague, Environmental Administrator of the County Health Department; Growth Management Director, Bob Herman; Charles Brooks, representing the Upper Keys citizens Association addressed the Board concerning the funding plan and implementation plan for very low and low income homeowners. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to adopt the following two Resolutions: Resolution approving the Monroe County Housing Authority to be the Administrator of the pending housing grant, Community Development Block Grant Program, Department of Community Affairs. RESOLUTION NO. 256-1997 See Res. Book No. 135, which is incorporated herein by reference. Resolution authorizing the execution of a Memorandum of Understanding with the Monroe County Housing Authority and adopting the funding plan and implementation plan for very low and low income homeowners reference County Ordinance 03-1997. RESOLUTION NO. 257-1997 See Res. Book No. 135, which is incorporated herein by reference. Motion carried unanimously. COMMISSIONERS' ITEMS Annik Dowsett and Lauren Dowsett addressed the Board concerning the status of Case #95-10028; legal fees to date in Case #95-10028; County requirements for issuance of C.O. on the property that is the subject of the lawsuit; transcripts and/or any other records of all discussions between Commissioners and County Attorneys relative to the same lawsuit. County Attorney, James T. Hendrick addressed the Board. The Board took no official action. SOUNDING BOARD A. D. Griffin addressed the Board concerning consideration to adopt a County Domestic Partnership Ordinance. The following individuals addressed the Board: steve Smith, representing the Monroe County Mosquito Control District; John N. Gish, Jr., Myrtle Silver, Tom Runyan, representing the Lambda Democrats of Key West. Clerk of Court, Danny L. Kolhage read a letter into the record from Patricia A. Barker. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to 97/172 refer this matter to the County Administrator for analysis and to report back to the Board. Motion carried unanimously. * This motion is reconsidered and withdrawn later in the meetinq. Commissioner Reich excused herself from the meeting. MISCELLANEOUS Edward Busch, Commodore of the Marathon Yacht Club addressed the Board concerning the proposed pool at the Marathon Yacht Club. Nancy Graham, representing the American Red Cross addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Harvey to postpone this item to the next Marathon Board Meeting and requested the Yacht Club to submit their plans to the Growth Management Division. Motion carried unanimously with Commissioner Reich not present. SOUNDING BOARD The previous motion concerning a Domestic Partnership Ordinance is withdrawn because of the Board's policy not to consider motions on Sounding Board items. However, the matter was referred to Staff. COMMISSIONERS' ITEMS Commissioner Harvey discussed naming the new terminal annex currently under construction at the Key West International Airport be named "The Adam Arnold Annex". Doris Arnold addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner London to name the new terminal annex at the Key West International Airport "The Adam Arnold Annex". Motion carried unanimously with Commissioner Reich not present. MONROE COUNTY SHERIFF DEPARTMENT Major steve Casey representing the Monroe County Sheriff's Department and Dean Rollings, CEO of the Florida Straits Conch Company presented the Board with a conceptual proposal regarding a new program for trustee training on a Conch Grow Out Farm at the Monroe County Detention Center on Stock Island. Growth Management Director, Bob Herman addressed the Board. Commissioner Reich was not present. The Board took no official action. MISCELLANEOUS BULK APPROVALS 97/173 Linda Yorde addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner London granting approval to remove surplus items from inventory, dispose of same and advertise for bids. Motion carried unanimously with Commissioner Reich not present. Said inventory listing is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner London discussed a letter from G. Spencer Myers concerning possible incentive and motivation for small businesses to recycle. Clark Lake, Director of Solid Waste Management and Richie Moretti, representing the Turtle Hospital in Marathon, addressed the Board. The Board took no official action. Commissioner Reich returned to the meeting. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to postpone to the September Board Meeting a request by Mel and Carmelita Gossard to discuss amateur radio equipment that was approved by the Board of County Commissioners. Motion carried unanimously. COUNTY ATTORNEY The Board discussed adoption of a Resolution approving a Beneficial Use Recommended Order of the Hearing Officer for construction of a single family home on Sunset Bay SUbdivision in Grassy Key. Ashley Adams, representing the Grassy Key Homeowners Association and Richie Moretti, representing the Turtle Hospital addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Freeman to adopt the following Resolution approving the Beneficial Use Recommended Order of the Hearing Officer, subject to certain specified revisions, in the case of Coconut Grove Bank, as Trustee for Stuart Marr and Harley Davidson, for the construction of one single family home on each of Lots 1, 2 & 3, Block lA, Sunset Bay Subdivision, Grassy Key. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Harvey No Commissioner London Yes Commissioner Reich Yes Mayor Douglass No Motion carried. RESOLUTION NO. 258-1997 See Res. Book No. 135, which is incorporate herein by reference. R~ 97/174 GROWTH MANAGEMENT DIVISION Motion was made by Commissioner Freeman and seconded by Commissioner London granting approval and authorizing execution of a Cooperative Agreement between Monroe County and the South Florida Water Management District for funding the Monroe County Sanitary Wastewater Master Plan. 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. Motion was made by Commissioner Freeman and seconded by Mayor Douglass granted approval and authorizing execution of a contract between Monroe County and CH2MHill, Inc., to complete the Monroe County Sanitary Wastewater Master Plan. 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. Motion was mae by Commissioner Freeman and seconded by Commissioner Harvey granting approval and authorizing execution of Amendment 2 of the Contract between Monroe County and CH2MHill, Inc., for the completion of the Marathon Wastewater ~ Facilities Plan and an assessment of AWT Technologies available for wastewater treatment plants. 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. Motion was made by Commissioner London and seconded by Commissioner Freeman granting approval and authorizing execution of Amendment 3 to Contract SP333 between Monroe County and the Florida Department of Environmental Protection, for the completion of the Marathon Wastewater Facilities Plan and an 97/175 assessment of AWT technologies available for wastewater treatment plants. 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. Motion was made by Commissioner London and seconded by Commissioner Freeman granting approval and authorizing execution of a Contract between Monroe County and the South Florida Water Management District (SFWMD) for the development of a Stormwater Management Master Plan for the unincorporated areas of the Florida Keys. 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. Timothy J. McGarry, Director of Planning addressed the Board concerning the Annual Public Assessment of the Public Facilities Capacity for I997. Motion was made by Commissioner London and seconded by Commissioner Harvey approving the report as prepared by the Monroe County Planning Department, dated July 1997. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Administrator, James Roberts addressed the Board concerning payment for Coopers and Lybrand. Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval of payment, after the fact, for Coopers and Lybrand meeting of 7/1/97, including Committee members and Division Directors. Motion carried unanimously. CONSENT AGENDA/BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Freeman to advertise a Request for Proposals (RFP) for Geographic Information System (GIS) hardware and the members of the review panel. Motion carried unanimously. 97/176 Mayor Douglass excused himself from the meeting. GROWTH MANAGEMENT DIVISION County Attorney James T. Hendrick gave an update on legal issues including Vested Rights Order, Private Property Rights Ordinance and the Wollard's case. Motion was made by Commissioner London and seconded by Commissioner Freeman granting approval and authorizing execution of the stipulation for stay of Claim between Monroe County, Amy Brigham Boulris, Counsel for the Wollards, and Florida Department of Community Affairs. Motion carried unanimously with Mayor Douglass not present. Mayor Douglass returned to the meeting. Growth Management Director, Bob Herman discussed Vacation Rentals. Motion was made by Commissioner Freeman and seconded by Commissioner London granting approval to transfer $10,000 from contingency for the defense of the Transient Rental Ordinance. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Harvey No Commissioner London Yes Commissioner Reich No Mayor Douglass Yes Motion carried. Mr. Hendrick discussed the Coca-Cola case, the proposed Recreational Vehicle Ordinance and the City of Key West Comprehensive Plan litigation. Motion was made by Commissioner Harvey and seconded by Mayor Douglass to add to the Agenda approval to purchase a kiosk for the Harvey Government Center at Historic Truman School. Motion carried unanimously. Motion was made by Commissioner Harvey and seconded by Commissioner London to authorize the purchase and installation of a kiosk at The Harvey Government Center at Historic Truman School in the amount of $8,000. Roll call vote was unanimous. DIVISION OF MANAGEMENT SERVICES Motion was made by Commissioner London and seconded by Commissioner Freeman granting approval to accept a proposal from Arthur J. Gallagher to provide airport liability insurance at an annual premium of $54,382. Motion carried unanimously. 97/177 MONROE COUNTY HOUSING AUTHORITY Motion was made by Commissioner Freeman and seconded by Mayor Douglass to adopt the following Resolution as the designation of the County's Community Development Plan pursuant to the u.s. Housing and Community Development Act of 1974, as amended, reference to the participation in the state's Small Cities Community Development Block Grant Program. Motion carried unanimously. RESOLUTION NO. 259-1997 See Res. Book No. 135 which is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Harvey discussed the publicity citing no inspections of Monroe County beaches and waterways for water quality. County Administrator, James Roberts addressed the Board. Commissioner Freeman updated the Board on the progress of the Monroe Council of the Arts Corporation. COUNTY ADMINISTRATOR Commissioner Douglass discussed the consideration of a County-wide visioning process with instructions to Staff on whether to include funds in the proposed fiscal year 1998 budget. Motion was made by Mayor Douglass to budget $83,130 for a visioning process in the 1997-98 Fiscal Year. After Board discussion, the motion was withdrawn. COMMISSIONERS' ITEMS Commissioner London discussed permits for upgrading commercial buildings. COUNTY ATTORNEY County Attorney, James T. Hendrick discussed the 3rd quarter report on the criminal cost containment program where there have been $20,000 in fees reduced; $3,500 in bad bonds and $30,000 in bond estreatures paid to the County. Mr. Hendrick and Community Services Director, Peter Horton addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Freeman to adopt the following Resolution amending Section 4{d} of Resolution No. 405- 97/178 1990 as amended by Resolution No. 257-1993, in order to provide that temporary taxi, limousine and courtesy vehicle permits are only available to a vehicle eight times per calendar year; and providing an effective date. Motion carried unanimously. RESOLUTION NO. 260-1997 See Res. Book No. 135 which is incorporated herein by reference. Mr. Horton addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner London to adopt the following Resolution, as amended, amending section 1 of Resolution No. 405-1990 to provide an additional definition; Amending Section 4(c) of Resolution No. 405-1990, as amended by Resolution No. 257-1993, in order to require the disclosure of all ownership and leasehold interests in vehicles for which a Key West International Airport Taxi/Limousine permit is sought, providing that certain additional parties be listed as approved drivers on the taxi (limo) auto liability policies; and providing for an effective date. Said amendment as follows: Section 2. (c) Paragraph 2, Sentence 3: Delete the words "controlling stockholder" and replace with the words "officers and directors" and delete the entire last sentence in the paragraph. Section 2. (c) Paragraph 3, Sentence 3: Replace the word "approved" with the word "insured" in the paragraph. Motion carried unanimously. RESOLUTION NO. 261-1997 See Res. Book No. 135 which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commissioner Reich granting approval and authorizing execution of Amendment 1 Artificial Reef Preparation and Transport Agreement between Monroe County and The Legendary Key Largo Chamber of Commerce (KLCC) for the Spiegel Grove artificial reef to extend the time of performance to 12/31/97 and to clarify certain insurance issues. Motion carried unanimously. SHERIFF'S DEPARTMENT Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval of a request for expenditures from the Law Enforcement Trust Fund in the amount of $85,762.48 as follows: $1,520.00 To purchase ID 2000 Invisible Security Markers. 97/179 1,760.00 To sponsor the "Kid Care ID" program. 2,828.90 To purchase a "McGruff" costume. 23,000.00 The approximate cost of equipment needed to implement a "Wide Area Network". 2,882.00 To purchase two laptop computers. 3,163.00 To purchase an automatic external defibrillator. 50,608.58 To have a complete overhaul of the avionics of the Bell Jet Ranger helicopter and improvements to the avionics package on the Beechcraft. Motion carried unanimously. 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 ~~C. ~t\~ Deputy Clerk I