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08/19/1997 Regular 97/190 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County commissioners Tuesday, August 19, 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, Commissioner 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. PRESENTATION OF AWARDS A Presentation of Employee of the Month award for the month of June, 1997 was presented to Alex Ustianowski, Maintenance Mechanic, Facilities Maintenance Department, Public Works Division. Representatives from the Regional Office of Immigration and Naturalization Service (INS) presented employees of the Monroe County Public Safety Division and Monroe County Sheriff's Office with certificates and plaques for their assistance in a recent INS drill. A Mayor's Proclamation was made recogn1z1ng the students of Plantation Key Elementary School for their achievement in receiving the gold medal in the Odyssey of the Mind competition. A Mayor's Proclamation was made recognizing Key Largo School's selection as a 1996-97 Blue Ribbon school. A Mayor's Proclamation was made recognizing the Coral Shores Envirothon team who placed 5th in a national environmental competition. Property Appraiser Ervin Higgs, on behalf of Governor Lawton Chiles and Debbie Roberson, Representative Peter Deustch's 97/191 Aide presented certificates to members of the School Board for the above acheivements. A Mayor's Proclamation was made designating the week of September 17-23, 1997 as Constitution Week. ADDITIONS, CORRECTIONS AND DELETIONS Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval and Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PUBLIC HEARING ~ A Public Hearing was held concerning adoption of an Ordinance creating section 11-1(c), Monroe County Code, in order to establish speed limits on County Road C905 and County Road C905A (Card Sound Road), the speeds ranging from 30 MPH to 55 MPH; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. There was no public input. County Engineer, Dave Koppel, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner London to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 033-1997 See Ord. Book No. 44 which is incorporated herein by reference. COMMISSIONERS' ITEMS Attorney Jim Mattson addressed the Board concerning approval of the Recommended Order Granting Vested Rights to Miss Lamar Louise Curry, as Trustee of the Plat of Coral Coast, Plat Book 7 Page 60. Miss Curry gave a history to the Board concerning the property. County Attorney, James T. Hendrick, also addressed the Board. After Board discussion, motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval of the Vested Rights determination (paragraphs 1-27), but subject to modification of the Recommended Order language by the County Attorney (paragraphs 28-32) for approval at the next Board meeting. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner London and seconded by Commissioner Harvey to approve the following items by unanimous ~ 97/192 consent: Board granted approval and authorized execution of Change Order No. 2 to the D.L. Porter Construction Contract for the Key West International Airport Terminal Renovations, increasing the construction contract by $9,361.00. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Keys Aqueduct Authority concerning the installation and maintenance of fire hydrants in unincorporated Monroe County. Board granted approval and authorized execution of a Modification to Agreement to the Emergency Management Preparedness and Assistance Program Base Grant Agreement #97-CP- 05-11-54-01-044 between Monroe County and the Florida Department of Community Affairs, Division of Emergency Management. Board granted approval and authorized execution of an Agreement between Monroe County and Florida Power and Light Company concerning Radiological Emergency Preparedness for Fiscal Year 1998. Board granted approval to advertise for bids for the construction of concrete pads at the three (3) transfer stations. Board granted approval and authorized execution of Part II of the Florida Department of Environmental Protection Solid Waste Recycling and Education Grant Application for Fiscal Year 1998. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Department of Environmental Protection for the acceptance of Recycling and Education Grant Funds. RESOLUTION NO. 264-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Department of Environmental Protection, for the acceptance of Small County Solid Waste Grant Funds. RESOLUTION NO. 265-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Department of Environmental Protection, for the acceptance of Waste Tire Grant Funds. ..- 97/193 RESOLUTION NO. 266-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Department of Environmental Protection, for the acceptance of Litter Control and Prevention Grant Funds. RESOLUTION NO. 267-1997 See Res. Book No. 135, which is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Clean Florida Keys, Inc., to provide disbursement of funds from the Litter Control Prevention Grant. Board granted approval and authorized execution of an Agreement between Monroe County and the South Florida EmploYment and Training Consortium for intake and liaison services for the 1998 program year. Board granted approval and authorized execution of a Lease and Concession Agreement for Marathon Airport between Monroe County and Pigeon Key Foundation, Inc., for gift shop space in the Marathon Airport terminal building. Board granted approval and authorized execution of a Lease Agreement for Marathon Airport between Monroe County and Federal Express, for space at the Marathon Airport. Board granted approval and authorized execution of Change Order #1 for Suncoast Fence Company, Inc., for the Marathon Airport security fencing project. Board granted approval and authorized execution of Change Order #3 for Arbor Tree & Landscaping Company, Inc., for additional work on the Noise Buffer at the Key West International Airport. Board granted approval to rescind the Lease Agreement with Federal Express for the Marathon Airport that was approved by the Board of County commissioners on February 19, 1997. Board granted approval to extend the Agreement with the Marathon Volunteer Fire and Rescue for one month, to December 31, 1997. ,--- Board granted approval of Award of Bid to Oshkosh Truck Corporation, for a new Air rescue Firefighting Vehicle for the Key West International Airport in the amount of $306,614.00. This is a grant project with FAA funding 90% of the purchase and FDOT and PFC revenue to pay 5% of the purchase. ----- 97/194 Board granted approval and authorized execution of a Grant Agreement between Monroe County and Florida Department of Environmental Protection, Derelict Vessel Removal Grant Agreement No. DV97-10, in the amount of $79,050.00, and authorization to call for bids for the removal of selected derelict vessels from Monroe County for 1997-98 removal year. Board granted approval and authorized execution of a Grant Application to the University of Florida Family Nutrition Program, in the amount of $108,599.00, to provide funds to conduct Nutrition Education Programs to low income individuals and families in Monroe County. Board approved the establishing of a Florida Sea Grant/University of Florida Extension Services funded office in Key Largo to conduct a Florida Bay Outreach and community Education Program. Board granted approval of Internet Access Grants application for the Monroe county Libraries, including one each for Key West, Big Pine, Islamorada, Key Largo, and two for Marathon. ..- Board granted approval of a Lease Extension between Monroe County, serving as the governing body of the Duck Key Security District, and Wayne and Susan Rice (Lessor), and Hawk's Cay Investors (Lessee), for property located at 416 Harbour Drive (#10 Indies Island Condominium), Duck Key. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 268-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the fOllowing Resolution amending Resolution No. 121-1997 (OMB Schedule Item NO.2) . RESOLUTION NO. 269-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item NO.3). RESOLUTION NO. 270-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 271-1997 97/195 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item NO.5). RESOLUTION NO. 272-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item NO.6). RESOLUTION NO. 273-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 249-1997 (OMB Schedule Item No.7). RESOLUTION NO. 274-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item NO.8). RESOLUTION NO. 275-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 276-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 277-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the fOllowing Resolution amending Resolution No. 047-1997 (OMB Schedule Item No. 11). RESOLUTION NO. 278-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution requesting use of Impact Fees for the installation of eighteen (18) fire hydrants at strategic locations in the Upper Keys Area (District III). RESOLUTION NO. 279-1997 See Res. Book No. 135, which is incorporated herein by reference. 97/196 Board adopted the following Resolution requesting use of Impact Fees for the installation of twelve (12) fire hydrants at strategic locations in the Lower Keys Area (District 1). RESOLUTION NO. 280-1997 See Res. Book No. 135, which is incorporated herein by reference. Board granted approval to waive Purchasing Policies and Procedures and granted approval of Excess Workers compensation Renewal with Safety National Casualty Corporation, for the renewal of the excess workers compensation coverage, in the amount of $140,000.00 per year for two years; AND granted approval of the Accidental Death and Dismemberment premium from Hartford Life Insurance Company, in the amount of $1,216.00 for one year, for volunteer and paid firefighters. Board granted approval to remove surplus items from inventory and advertise for bids, dispose and accept transfer to the City of Key West. Schedule is incorporated herein by reference. Board granted approval and authorized execution of an Agreement Amendment between Monroe County and The Greater Miami and Keys American Red Cross, to correct dates of funding. Board adopted the following Resolution concerning the Transfer of Funds (Verbal 1). RESOLUTION NO. 281-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal 2). RESOLUTION NO. 282-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal 3). RESOLUTION NO. 283-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal 4). RESOLUTION NO. 284-1997 See Res. Book No. 135, which is incorporated herein by reference. Board granted approval to reject all bids and readvertise a Request for Proposals for janitorial services at the Key West International Airport. 97/197 Board granted approval and authorized execution of Declarations of Landfill Closures for the Long Key and Key Largo landfills. Board granted approval and authorized execution of a Grant/Joint Participation Agreement (WPI No. 6826786) between Monroe County and Florida Department of Transportation for the purchase of the business, property and assets of Marathon Air Services, in the amount of $550,000.00. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe County and Tinsley Advertising to provide advertising services on behalf of the Monroe County Tourist Development Council covering October 1, 1997 through September 30, 2000, The amount of the contract to be based on commission. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 285-1997 See Res. Book No. 135, which is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Marathon Dolphin Research Center to replace shade structure with weatherproof awning beginning August 20, 1997 and terminating September 30, 1998, in an amount not to exceed $4,998.00, FY 97 third penny. Board granted approval and authorized execution of an Agreement between Monroe County and the Pigeon Key Foundation to build audio kiosk's at the Pigeon Key Museum beginning August 20, 1997 and terminating September 30, 1998, in an amount not to exceed $5,448.00, FY 97 third penny. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Keys Land & Sea Trust to put into place a Tropical Crane Point Hammock Interpretive Trail System beginning August 20, 1997, and terminating September 30, 1998, in an amount not to exceed $4,850.00, FY 97 third penny. Board granted approval that a special exception be made and waived the portion of the policy that provides for no excused absences concerning Herbert Spiegel's position on the Tourist Development Council. This special exception will provide for Mr. Spiegel's continued participation on the Board and recognizes the extenuating circumstances surrounding his inability to attend the last three meetings due to the transition of Cheeca to new 97/198 ownership. Board acknowledged a letter of support for an Upper Keys community pool from the District V Advisory Committee to the Upper Keys Community Pool, Inc. Board acknowledged a letter of support for an Upper Keys community pool from the District IV Advisory Committee to the Upper Keys Community Pool, Inc. Board acknowledged a Resolution from the Monroe County Tourist Development Council recommending support of Clean Florida Keys, Inc., a Florida Keys Scenic Highway Project. Board acknowledged a Resolution from the District II Advisory Committee of the Monroe County Tourist Development Council recommending that missiles not be launched in the Florida Keys. LAND AUTHORITY (sitting as county commission) Board adopted the following Resolution authorizing the conveyance of certain real property to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. RESOLUTION NO. 286-1997 See Res. Book No. 135, which is incorporated herein by reference. CONSENT AGENDA/BULK APPROVALS Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to the "Merlin Albury House" at 91731 Overseas Highway, Tavernier, Florida. The property is described as Tavernier #2 Subdivision, Lot 2, Block E, in section 34, Township 62 South, Range 38 East. The Real Estate Identification No. is 00556190-000000. RESOLUTION NO. 287-1997 See Res. Book No. 135, which is incorporated herein by reference. Board adopted the following Resolution grating the designation of "Historical and Cultural Landmark" to the "Tavernier Methodist Church" at 91701 Overseas Highway, Tavernier, Florida. The property is described as Tavernier #2 SUbdivision, Lots 4 through 6, Block E, in section 34, Township 62 South, Range 38 East. The Real Estate Identification No. is 00556190-000000. ,.- RESOLUTION NO. 288-1997 See Res. Book No. 135, which is incorporated herein by reference. Rev/s/on 97/199 GROWTH MANAGEMENT Board granted approval and authorized execution of a Contract Agreement between Monroe County and Urbanomics, Inc., for professional services to develop approaches for implementing non-residential rate-of-growth solutions, in the amount of $45,000.00. Board denied a flood variance application submitted by John L. Morris for a 480 square foot detached workshop/tool shed with a limited bathroom facility below base flood elevation on Lots 3 and 4, Tract 24, Upper Matecumbe Subdivision, Upper Matecumbe Key. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund, in the total amount of $24,432.77. $1938.99 $500.00 To develop a WEB page on the Internet. * Help in the purchase of a giant metal star for Sheriff's Youth Ranch. $675.00 Purchase 50 signs for Crime Watch Program. $15,246.50 - Purchase a complete searchlight system for the Sheriff's helicopter. $1,700.00 - Accreditation Fund to the Commission for Florida Law Enforcement Accreditation. $2,805.78 - Purchase supplies for our Crime Stoppers Program. $1,566.50 - Purchase supplies for three Crime Prevention Fairs. COMMISSIONERS' ITEMS Board approved the announcement of a public meeting to be held on September 29, 1997 at 5:00 p.m. at the Islamorada Library to discuss the Indian Key Fill Project. Board approved Commissioner Reich's appointment of Dr. James Boilini to the Parks and Recreation Advisory Board, replacing Charles Schafstall. This term will expire January 1, 2000. 97/200 Board approved Commissioner London's appointment of James Aultman to the Planning commission. This term will expire in September 1999. COUNTY ADMINISTRATOR Board granted approval for Monroe County to join the Small County Coalition and to pay the membership fee of $2,150.00. Board reviewed the monthly financial documents prepared by the Office of Management and Budget and reviewed the budget trends for the next fiscal year. Board granted approval to prepare a lease agreement and authorized execution of same between Monroe County and Dean-Lopez Funeral Home to provide facilities for the County Medical Examiner, in the amount of $650.00 per month. COUNTY CLERK FINES AND FORFEITURES ---- Board approved the following Fine and Forfeiture Expenditures: COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici, in the amount of $900.00; Care Center for Mental Health, in the amount of $700.00; Leslie Morgan, in the amount of $2,100.00. OTHER EXPENSES, Hibiscus Hotel, in the amount of $164.00; Louis J. Spallone, Clerk, in the amount of $2,500.00; David Buns Investigations, in the amount of $150.00; Jackie Hartfiel, in the amount of $39.00; Richard Isles, in the amount of $75.60; David Milner, in the amount of $21.00; Matt Oksendahl, in the amount of $30.35; The Islander Hotel, in the amount of $480.34; Holly Hartfiel, in the amount of $27.00; Adriana Blanco, in the amount of $53.36; Upper Keys Transportation, in the amount of $200.00; Tim Birkle, in the amount of $38.66; Holiday Inn, in the amount of $321.30; Torris Legal Services, in the amount of $55.00; Carole Vereline, in the amount of $40.00; Katherine Williams, in the amount of $18.00; Gary James, in the amount of $63.00; Robert Decamillo, in the amount of $18.00; Detective Jay Glover, in the amount of $18.00; Linda Kohout, in the amount of $9.00; Matthew Williams, in the amount of $64.99. COURT ORDERED ATTORNEY - CONFLICT, Manuel Garcia, in the amount of $2,753.75; Marcie Rose, in the amount of $515.64; Crimella & Hamilton, in the amount of $1,185.00; cunningham, Albritton, Miller, in the amount of $1,662.50; Horan, Horan & 97/201 Esquinaldo, in the amount of $3,377.50; Mitchell Denker, in the amount of $11,333.22; Margaret Tobin, in the amount of $2,502.75; John P. Rotolo, in the amount of $3,334.21; Mark Simms, in the amount of $1,327.50; Peary Fowler, in the amount of $1,915.50; Angel Ruiz, in the amount of $1,005.00; Hershoff, Lupino, DeFoor & Gregg, in the amount of $748.00; Charles Everett, in the amount of $5,542.50; Ben Harrison, in the amount of $350.00; Michelle Cates, in the amount of $356.25; Thornton McDaniel, Jr., in the amount of $915.00; Joe Miklas, in the amount of $350.00; Robert Goldman, in the amount of $802.50; Karen Kennedy, in the amount of $615.00; Carl Palomino, in the amount of $2,081.25; David Hutchinson, in the amount of $937.50; Larry Erskine, in the amount of $350.00. EXTRADITION, Richard D. Roth, Sheriff of Monroe County, in the amount of $14,099.86. COURT REPORTER SERVICES, Florida Keys reporting, in the amount of $1,775.00; Associated Court Reporters, in the amount of $422.50; Amy Landry, in the amount of $112.50; ViCky Lynn Doty, in the amount of $1,263.75; Hughes, Albright, Foltz Natalie Reporting, in the amount of $60.00; Urban Court Reporting, Inc., in the amount of $415.55; Robin Milliken, in the amount of $291.45; certified Shorthand Reporters, in the amount of $428.20; Classic Reporting Services, in the amount of $85.00; Laws Reporting, Inc., in the amount of $293.94; Adkins Court Reporting, in the amount of $243.61; Boone Reporting Services, in the amount of $106.50. COURT INTERPRETERS, Jose Menendez, in the amount of $595.00; Sergio Alverez, in the amount of $50.00; Mary Lou Wass, in the amount of $115.00; Mario Baldatti, in the amount of $100.00; William Waddell, in the amount of $625.00; JR Alayon-Forte, in the amount of $530.00; Estrella Garcia, in the amount of $250.00; Jores Pierrilus, in the amount of $65.00; Jose Mateo, in the amount of $25.00; Claudia Hancock, in the amount of $70.00; AT&T Language Line, in the amount of $50.00; Carlyne Scorza, in the amount of $25.00; Jan Trawinski, in the amount of $55.00; Marie Penot, in the amount of $25.00. TRAVEL EXPENSES, witness Travel, in the amount of $8,474.61 REGULAR WITNESS FEES, witness Payroll, in the amount of $735.00 MISCELLANEOUS EXPENSES ALL, Sheriff of New Castle County, in the amount of $50.00. EXPERT WITNESS, Dennis McGuire, in the amount of $1,310.37. COUNTY CLERK 97/202 Board approved the following Warrants: GENERAL REVENUE FUND (001), #288674-290480, in the amount of $7,313,084.82 Board approved the County Commission Meeting Minutes of June 18, 1997. Board granted approval and authorized execution of an Agreement between Monroe county and Kemp & Green, P.A., to provide for an audit of County records commencing August 19, 1997 and to be for the next consecutive three years with the option of extending the Contract for one additional year. COUNTY ATTORNEY Board adopted the following Resolution authorizing the County Attorney to act as the representative of the Board upon the Circuit Conflict Committee, pursuant to Section 925.037(3), Florida statutes. RESOLUTION NO. 289-1997 See Res. Book No. 135 which is incorporated herein by reference. Motion carried unanimously. COMMISSIONERS' ITEMS Captain Douglass Rudolph and Lieutenant Commander Brian D. Kelley of the United states Coastguard addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval for the Mayor to sign a Mutual Aid Agreement among Emergency Response Agencies located in Monroe County, Florida for the continuous improvement of offshore emergency response. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Harvey and seconded by Commissioner London granting approval and authorizing execution for the renewal of the existing Residential Lease for Law Enforcement Officer between Monroe County and Deputy Lisa King to reside on one side of the Marr property duplex, for an amount of rent and utilities totaling $400.00 per month, and authorizing the Mayor to execute the lease agreement for same. Motion carried unanimously. ----- 97/203 Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval to submit a grant application to the Florida Keys National Marine Sanctuary to conduct an evaluation of the Western Sambos Ecological Reserve with respect to enhancing the local lobster population and increasing potential yield from the fishery. 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 Commissioner Harvey granting approval and authorizing execution of an Employee Assistance Plan Contract between Monroe County and the Mental Health Care Center of the Lower Keys, Inc. d/b/a Care Center for Mental Health to provide confidential, professional counseling services for all full-time, regular employees and their dependents under Monroe County's Employee Assistance Program (EAP). 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. SOLID WASTE MANAGEMENT Solid Waste Director, Clark Lake updated the Board on the status of Yard Waste Recycling and Small Business Recycling. CONSENT AGENDA/BULK APPROVALS Growth Management Director, Bob Herman addressed the Board. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner London granting approval of the following eight (8) Affordable Housing Deed Restrictions, nineteen (19) transfers of buildable lots to Monroe County by Warranty Deed, five (5) covenants restricting the property owner to having only one dwelling unit on two contiguous lots, and one (1) covenant restricting the property owner to only one dwelling unit on six contiguous lots. Pursuant to Ordinance No. 016-1992, 97/204 these documents have been filed by the applicants rece1v1ng dwelling unit allocation awards for the quarter ending on July 13, 1997: 8 Affordable Housinq Deed Restrictions Permit No. Name on Deed Restriction 97-3-1313 97-3-2102 97-3-937 97-3-726 97-1-929 Tad Prudhomme Chester Kaczka Joaquin Capote Juvenal Montesino Len Rogers, Terry Campbell Randy Roberts, James MUlligan, George Gibson John & Ruth Discher Suzanne McCaskill Suzanne McCaskill 97-906 97-635 97-636 16 Transfers of Buildable Lots bv Warranty Deed to Monroe County Permit No. Name on Warrantv Deed Legal Descri-ption 97-3-1369 John Spadavecchia Lot 12, Block 9 Kinercha 96-3-1579 Robert Vaughn Lot 18, Block 9 Kinercha 97-3-1741 Manuel Epelbaum Lots 12 & 13 Square 2, Lots 24 & 2, Square 3 Palm Villa 97-3-1923 Roy Rodriguez & Mercedes M. Rodriguez Lot 30, Block 4, Torch Key Estates 97-1-790 Fred Eder Lot 13, Block 18, Palm Villa 97-1-999 John Podpirka Lot 4, Block 3, Palm Villa 97-1-1038 Mark Harmon Lot 4, Block 18 Port Pine Heights, 1st Add. 97-1-668 James H. Boozer Sec. 26, Twn 66, Range 29, Pt. Gov't 97-1-802 97-1-789 97-1-803 96-1-974 97-1-1025 97-1-1024 97-1-1056 97-1-1022 Permit No. 97-3-1831 97-3-1101 97-3-1283 97-1-646 Robert R. Collins Shirley Collins Warren Werling Robert R. Collins Shirley Collins Mitchell Skrzypecki Patricia patyk Andrew Dykema Carrol Dykema Peter H. Batty Alberto Rebosio Annemarie B. Flister 97/205 Lot 2 (Pt. Lot 3) Kinercha Lot 8, Block 7, Torch Key Estates Lot 16, Block 2, Palm Villa Lot 9, Block 7, Torch Key Estates Lot 1, Block 22, Palm Villa Lot 20, Block 7 Palm Villa Lot 7, Block 39, Port pine Heights, 2nd Add. Lot 1, Block 33, Palm Villa Lot, Block 22 Port pine Heights 2nd Add. 6 Restrictive Covenants for contiquous Lots Name on Restrictive Covenant George otto Oscar Combarro Bruce Nelson Enrique Jordan Legal Description Lots 1, 2, 3, 22, 23, & 24 Block 2, Knowlson Colony 1st Add. Lots 13 & 18, Block 2, Ocean Isles Estates Lots 19 & 20, Block 1, South Creek Village Lots 8 & 9, Block 13, 97/206 Anglers Park 97-2-715 Jason Heller Jennifer Heller Lot 2 & 23 Block L North Marathon Shores 97-1-929 Lenis D. Rogers James C. Mulligan George G. Gibson Terry Campbell Randall S. Roberts, Sr. Lots 25 & 26, Block 5 Indian Mound Estates Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner London to adopt the following Resolution approving the request by the Florida Keys Land Trust for an exemption from the non-residential permit allocation system for federally tax- exempt institutional uses for the construction of a 120 sq. ft. replica outdoor kitchen to be located on property described as Government Lot 3, section 2, Township 66 South, Range 32 East, Tallahassee Meridian, at Marathon, Key Vaca, Monroe County, Florida. The Land Use Designation is Urban Commercial (UC) and the real estate number is 010376. 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. RESOLUTION NO. 290-1997 See Res. Book No. 135 which is incorporated herein by reference. COMMISSIONERS' ITEMS Patti Thompson of Save The Manatee Club made a presentation to the Board concerning problems with manatee/human interactions in the Keys. Ms. Thompson showed a short video and discussed boating speeds, feeding and watering of manatees. MONROE COUNTY TAX COLLECTOR Tax Collector, Harry F. Knight presented to the Board a recap of 1996 Monroe County Tax Roll and the list of errors and insolvency's for the 1996 Monroe County Tax Roll. 97/207 Motion was made by Commissioner Freeman and seconded by Commissioner London to adopt the following Resolution instructing the Property Appraiser not to extend taxes of the tax roll that are less than $5.00 and instructing the Tax Collector not to mail tax notices that are less than $5.00 on the Monroe County Tax Roll. Motion carried unanimously. RESOLUTION NO. 291-1997 See Res. Book No. 135 which is incorporated herein by reference. GROWTH MANAGEMENT DIVISION Growth Management Director, Bob Herman updated the Board on the Wastewater Master Plan. Mr. Herman informed the Board that Ken Williams with the firm of CH2MHill would be giving the Board monthly updates on the progress of the Stormwater Management Plan. Mr. Williams addressed the Board. Mr. Herman also updated the Board on the Cesspit Replacement Program and the level of service on Big pine Key concerning traffic and the Florida Department of Transportation. RaYmond Giglio and Captain Charles Mills addressed the Board. SOUNDING BOARD Scott Marr, President of the Key Largo Economic Development Council, Inc. addressed the Board concerning strategic planning. Mr. Marr introduced council members Joe Harris, David Ritz and Charles Brooks. The members discussed the status of the Agreement of Services between the Key Largo Economic Development Council, Inc. and Design Studios West, Inc. County Attorney, James T. Hendrick also addressed the Board. The Board took no official action. Charles Mills addressed the Board concerning code enforcement and budget issues. William Padfield and Richard R. L. Marra also addressed the Board. The Board took no official action. Mr. Hendrick introduced new Assistant County Attorney Stuart G. Schurr to the Board. * * * * * JOINT MEETING BETWEEN DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 97/208 The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner Art French, Commissioner Jack London and Chairman Keith Douglass. Also present were Commissioner wilhelmina Harvey and commissioner Mary Kay Reich. DIVISION OF PUBLIC SAFETY County Administrator, James Roberts and Public Safety Director, Reggie Paros addressed the Board concerning approval of the conceptual plan for the consolidated Monroe County Emergency Services System (MCESS). The Board viewed a video concerning fire safety. Motion was made by Commissioner London and seconded by Commissioner Harvey granting conceptual approval for the consolidated Monroe County Emergency Services System (MCESS). Roll call vote was unanimous. BOARD OF GOVERNORS Motion was made by Commissioner French and seconded by Commissioner Freeman granting conceptual approval for the consolidated Monroe County Emergency Services (MCESS). Roll call -- vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Freeman granting approval of a request to purchase from TAW Power systems, one new Kohler Model 80 ROZJ Diesel fueled engine driven generator at a total cost of $25,475. Motion carried unanimously. Motion was made by Commissioner French and seconded by Commissioner Freeman granting approval and authorizing execution of a new basic service Agreement between the Lower and Middle Keys Fire and Ambulance District and the Big pine Key Volunteer Fire Department, Inc., to provide fire rescues services in Monroe County and reimburse the Department for same. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner French granting approval and authorizing execution of an Agreement between the Lower and Middle Keys Fire and Ambulance District and Technical Dynamics, Inc. in the amount of $12,418.85. Motion carried unanimously. COMMISSIONERS' ITEMS The following individuals addressed the Board concerning a Resolution establishing the Upper Keys community Pool, Inc., as an agent acting under the authority of the Monroe 97/209 County BOCC for the purpose of building, managing, and maintaining a public pool facility in the Upper Keys. Tim Bricker, Jim Boilini, Scott Marr, John Ireland, representing the YMCA of Greater Miami; Cynthia Knudson, Tom Strohler, Ron O'Brien and Duncan Mathewson. County Attorney, James T. Hendrick and county Administrator, James Roberts also addressed the Board. After Board discussion, motion was made by Commissioner Reich and seconded by Mayor Douglass directing the County Attorney to prepare an appropriate Resolution to provide the Upper Keys community Pool, Inc., with advice in order to apply for grant funding. Motion carried unanimously. This matter was then referred to the Board meeting of September 4, 1997 in Key Largo. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to adopt the following Resolution creating the Local citizens Task Force on Wastewater. RESOLUTION NO. 292-1997 See Res. Book No. 135 which is incorporated herein by reference. Motion was made by Commissioner Harvey and seconded by Commissioner London granting approval of the following appointments, as revised, to the Local citizens Task Force: Mavor Keith Douqlass Enos Mitchell 58 Hibiscus Lane Key Largo, Florida 33037 Bill Markey 1519 Aqueduct Lane Key Largo, Florida 33037 David Makepeace 83311 Old Highway Islamorada, Florida 33036 Alice Skinger 1016 75th Street, Ocean Marathon, Florida 33050 commissioner Shirley Freeman Bill smith P.O. Box 2797 Marathon Shores, Florida 33052 Dagney Johnson 95600 Overseas Highway Key Largo, FL 33037 97/210 Linda Yorde P.O. Box 420642 Summerland Key, FL 33042 Alicia Putney 2150 No Name Drive No Name Key, Florida 33043-5202 Commissioner wilhelmina Harvev Charles Brooks 35 pigeon Drive Key Largo, Florida 33037 Joe Rosenblatt P.O. Box 198 Summerland Key, Florida 33042 David Munn 171-A Avenue C Big coppitt Key, Florida 33040 Gary W. Bowman P.O. Box 5476 6200 2nd street Key West, Florida 33040 commissioner Jack London James Brady, Sr. P.O. Box 655 Big pine Key, Florida 33043 George Leydic 1388 Niles Road Summerland Key, Florida 33402 Nick Mulick 81990 Overseas Highway, suite 201 Islamorada, Florida 33036 Jerry polverino 21083 2nd Avenue Cudjoe Gardens, Florida 33042 commissioner Marv Kav Reich Hal Overbeck P.o. Box 431346 Big pine Key, Florida 33043 Karen Wilkinson 97/211 4680 Overseas Highway Marathon, Florida 33050 John Larkin P.O. Box 38 Big pine Key, Florida 33043 Dick Drake P.O. Box 786 Key Largo, Florida 33037 Motion carried unanimously. The following individuals addressed the Board concerning the approval to advertise a proposed "Idle Speed No Wake" Ordinance for all residential man made canals in the Florida Keys area of Monroe County: Tom Garrettson, representing the Port Largo Home Owners Association; Murray E. Nelson, Hyatt Hodgdon and Fred Nickerson. After Board discussion, motion was made by Commissioner London and seconded by Commissioner Harvey granting approval to advertise the proposed Ordinance without any reference to the adjacent shoreline language. Motion carried unanimously. Marcia Kreitman updated the Board on the progress of the Monroe County of the Arts corporation. TOURIST DEVELOPMENT COUNCIL Chairman Michael Ingram, gave the "state of the Monroe County Tourist Development Council Address". PUBLIC BEARING A Public Hearing was held concerning a budget amendment to the Group Insurance Fund #502. 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. 293-1997 See Res. Book No. 135 which is incorporated herein by reference. The first of two Public Hearings were held concerning an Ordinance amending sections 9.5-4, and 9.5-401 through 407 of the Monroe County Code regarding the regulations of signs. Motion was made by Commissioner London and seconded by Commissioner Reich to continue to the next Marathon meeting. Roll call vote was unanimous. After discussion, motion was made by Commissioner London and seconded by Commissioner Reich to 97/212 reconsider the previous motion. Motion carried unanimously. Eugene Shinkevich, representing the Florida Keys citizens' Coalition and Sam Shore, representing Key Largo Resorts addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Reich to continue to the Board meeting of September, 1997. Motion carried unanimously. GROWTH MANAGEMENT Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval of Staff's recommendation by adopting policy alternative #2 referred to in a memorandum to Growth Management Director Robert Herman from Environmental Resources Director Ross Alliston, dated July 11, 1997, subject: specific Point Values for Environmental ROGO Factors: 2. "The minimum allowable point value will be assigned to each positive factor and the maximum allowable point value will be assigned to each negative factor". 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 of Staff recommendation to deny the Flood Variance Application of Joseph A. Noha - a variance to the A-zone venting requirements of section 9.50317(B)(1) (d) (ii) in order to construct a lower limited storage enclosure with unvented walls. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Harvey No Commissioner London Yes Commissioner Reich No Mayor Douglass No Motion failed. Motion was made by Commissioner Freeman and seconded by Commissioner London granting approval of staff recommendation to deny the Flood Variance of Plaza & Associates for an after-the- fact variance to permit commercial space below base flood elevation on the Plaza Building. Roll call vote was taken with the following results: 97/213 commissioner Freeman Yes commissioner Harvey No commissioner London No Commissioner Reich No Mayor Douglass Yes Motion failed. COMMISSIONERS' ITEMS Motion was made by Commissioner London and seconded by Commissioner Reich granting approval of Mayor Douglass' appointment of Lynn C. Mapes to the Planning commission to replace Grace Mannillo. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Harvey No commissioner London Yes commissioner Reich Yes Mayor Douglass Yes Motion carried. Motion was made by Commissioner Reich and seconded by commissioner Freeman to continue the following agenda items to the next day: M.1(d) update on legal issues - James T. Hendrick, Esq. M.7 Approval of contract with Lewis Environmental Services, Inc., to develop revisions to the Habitat Evaluation Index (HEI) contained in sections 9.5-336 through 9.5-342 of the Monroe County Land Development Regulations. R.9 Approval of a Resolution urging the Florida Legislature to adopt an appropriate set of incentives to attract and retain the entertainment industry in Florida. R.12 Resolution of the Monroe County Democratic Party. S.l a) Dedication date for The Harvey Government Center at Historic Truman School b) Progress on the Proposed Domestic Partnership Ordinance 97/214 c) Report on Budget preparation Process U.2 Approval to advertise an ordinance prohibiting fishing by pedestrians from the Tom's Harbor Channel County Bridge. U.4 Approval of Asset Purchase Agreement concerning Marathon Air Services, Inc. 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.~ Deputy Clerk