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11/12/1997 Regular Revision 97/284 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, November 12, 1997 * Key Largo, Florida A Regular Meeting of the Monroe county Board of County Commissioners convened at 9:00 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. ORGANIZATIONAL MEETING commissioner Harvey nominated Commissioner London to serve as Chairman of the Board and Mayor of Monroe County for the ensuing year. There being no further nominations, motion was made by Mayor Douglass and seconded by Commissioner Freeman to close nominations. Motion carried unanimously. Accordingly, Commissioner London was elected by acclimation to serve as Chairman of the Board and Mayor of Monroe County for 1997-1998. Commissioner Freeman nominated Commissioner Harvey as Mayor Pro tern for the ensuing year. There being no further nominations, motion was made by Mayor London and seconded by Commissioner Freeman to close nominations. Motion carried unanimously. Commissioner Harvey was elected by acclimation to serve as Mayor Pro Tern for 1997-1998. Motion was made by Mayor London and seconded by Commissioner Freeman to adopt the following Resolutions: Board adopted the following Resolution designating Mayor and Mayor Pro Tern for 1997-1998. RESOLUTION NO. 399-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning authorization to sign all warrants, legal documents and any other necessary papers and documents. 97/285 RESOLUTION NO. 400-1997 See Res. Book No. 136, which is incorporated herein by reference. Motion carried unanimously. commissioner Douglass recognized Judy Green, of the Division of Family Services. PRESENTATION OF AWARDS The following awards were presented by Commissioner Douglass and commissioner Harvey. Presentation of Employee of the Month Award for the month of October, 1997, was made to Donna Bosold, Community Services Division, Key Largo Library. Presentation of Mayor's Proclamation designating the week of December 13-20, 1997 as Child Care Week in Monroe County. Proclamation was presented in commemoration of our past and present veterans and military personnel in our community who have insured the freedom that we enjoy today. Proclamation was presented declaring December 13-20, 1997 as Child Care Week in Monroe County. Proclamation was presented in support of Boater Education and Safety and recognition of the late Eric Wolfe. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Freeman and seconded by Commissioner Harvey, granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. Property Appraiser Ervin Higgs addressed the Board concerning a budget amendment for his Fiscal Year 1997/98 budget. Mr. Higgs advised the Board that it was necessary to take care of some items that could not be paid in the previous fiscal year but would be covered by excess fees generated by his office. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to approve the budget amendment for the Property Appraisers Office for fiscal year 1997/98 in the amount of $25,051.00. Motion carried unanimously. BULK APPROVALS Motion was made by Mayor London and seconded by 97/286 Commissioner Douglass to approve the following items by unanimous consent: Board granted approval for Florida Keys Renaissance Faire, Inc., to sell beer and wine and to charge the following admission fees: $7.00/adults, $6.00/seniors, and $5.00/students, at the 14th annual Renaissance Faire to be held at Sombrero Beach on January 14-21, 1998, pending approval from the Planning Department. Board granted approval for Marathon Business & Professional Womens Club to close and utilize Sombrero Boulevard, Copa D'Oro, Santa Barbara, Ocotillo Lane and Saguaro Lane on January 18, 1998, from 8:55 a.m. to 10:00 a.m. for their Fourth Annual "New Years Resolution 5K Run. Board granted approval for the National MUltiple Sclerosis Society to utilize Card Sound Road and Bridge to hold their "12th Annual MS 150 Break Away to Key Largo" bike tour on April 25 & 26, 1998. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and Deputy Kelvin Cruz to reside in a modular home in Bernstein Park, for an amount of rent and utilities totaling $400.00 per month. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Garcia Cleaning Service, deleting service to the first floor of the Harvey Government Center at Historic Truman School, reducing the total contract amount from $1,200.00 per month to $867.60 per month. ($250.00 per month for the Nutrition site and $617.60 per month for the main building). Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Dion oil Company for delivery of diesel fuel and unleaded gasoline for one additional year. Board granted approval to purchase and replace vehicles from the joint Florida Sheriff's and Association of Counties Contract. Said list is incorporated herein by reference. Board granted approval to purchase from federal contractor (Kelly Tractor) one new tractor loader backhoe with four and one loader bucket, in the total amount of $49,983.00. Board granted approval to purchase two heavy duty nine foot platform trucks from state contractor Maroone Chevrolet, in the total amount of $47,188.00 ($23,594.00 per unit). 97/287 Board granted approval to purchase from Florida state contractor (New Holland) three new low profile multi purpose wheel tractors with options, in the total amount of $45,588.00 ($15,196.00 per unit). Board adopted the following Resolution endorsing the submission of a Grant Application to the Florida Department of Environmental Protection to fund removal of invasive exotics on selected Monroe County properties. RESOLUTION NO. 401-1997 See Res. Book No. 136, which is incorporated herein by reference. Board granted approval to purchase a John Deere 244H loader at last year's bid price and $2,000.00 below the General Services Administration contract price. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and G.A. Food Service for the County Nutrition Program for one additional year. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and G.A. Food Service for Bayshore Manor for one additional year. Board granted approval and authorized execution of an HCBS/Medicaid Waiver Referral Agreement between Monroe County and Staff Builders Home Health Care Services for the County in home services. Board adopted the following Resolution approving an allocation in the amount of $10,450.00 from the Boating Improvement Fund for the emergency removal of DV03A2472 and DV03A2448, located in the Marathon area AND granted approval and authorized execution of a contract agreement between Monroe County and Homestead Marine Services for the emergency removal of DV03A2472 and DV03A2448. RESOLUTION NO. 402-1997 See Res. Book No. 136, which is incorporated herein by reference. Board granted approval and authorized execution of a Contract between Monroe County and Homestead Marine Services for the removal of derelict vessels for 1997/98. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund, in the amount of $7,360.00, for the emergency removal of DV03A1800, DV03A2228 and DV03A2451 AND granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing in 97/288 the amount of $7,360.00 for the removal of said derelict vessels. RESOLUTION NO. 403-1997 See Res. Book No. 136, which is incorporated herein by reference. Board granted approval to allow a sky diving event on December 13 and 14, 1997, at the Marathon Airport. Board granted Award of Bid to Ace Building Maintenance for contract janitorial services at Key West International Airport. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Federal Express for rental space at the Key West International Airport. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation to fund the purchase of a new ARFF vehicle, and to construct a new ARFF building. Board granted approval and authorized execution of a Lease Agreement between Monroe County and the Federal Aviation Administration for Runway-End Identification Lights at the Key West International Airport. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation to fund cargo building and terminal building improvements at the Marathon Airport. Board granted approval of Republic Parking System budget revision for the period of November 1, 1996 through October 31, 1997. Board Granted Approval for the Mayor to sign a State of Florida certificate of Title transferring title of a 1989 Reliant to USAA Insurance Company. County Vehicle Identification No. 1001-342. Board granted approval and authorized execution of the certificates of Acceptance for the FY 98 Anti-Drug Abuse Grant Award and Sub Contracts with the implementing agencies including Program Administration, Helpline's Teenline Crisis Intervention and Referral Hotline, Boys and Girls Clubs of the Keys Area "Targeted Outreach", Florida Keys Outreach Coalition "Sunshine House", The Heron Residential Program, and the Sheriff Department's Inmate Intervention/Residential Program. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No.1). 97/289 RESOLUTION NO. 404-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No.2). RESOLUTION NO. 405-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No.3). RESOLUTION NO. 406-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No.4). RESOLUTION NO. 407-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item No.5). RESOLUTION NO. 408-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item No.6). RESOLUTION NO. 409-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution to rescind Resolution No. 377-1997 (Sch. Item No.7). RESOLUTION NO. 410-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No.8). RESOLUTION NO. 411-1997 See Res. Book No. 136, which is incorporated herein by reference. 97/290 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No.9). RESOLUTION NO. 412-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No. 10). RESOLUTION NO. 413-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item No. 11). RESOLUTION NO. 414-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No. 12). RESOLUTION NO. 415-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No. 13). RESOLUTION NO. 416-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 355-1997 (Sch. Item No. 14). RESOLUTION NO. 417-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item No. 15). RESOLUTION NO. 418-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution to rescind Resolution No. 389-1997 (Sch. Item No. 16). 97/291 RESOLUTION NO. 419-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No. 17). RESOLUTION NO. 420-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution to rescind Resolution No. 391-1997 (Sch. Item No. 18). RESOLUTION NO. 421-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item No. 19). RESOLUTION NO. 422-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 383-1997 (Sch. Item No. 20). RESOLUTION NO. 423-1997 See Res. Book No. 136, which is incorporated herein by reference. Board granted approval to spend $2,000.00 in Parks and Recreation Impact Fees for the installation of three park and park rules signs. Board granted approval and authorized execution of an Agreement for Emergency Medical and Fire Protection Services between Monroe County and Ocean Reef Volunteer Fire Department concerning emergency medical and fire rescue services in Municipal Services Taxing District 7. Board granted approval of an increase in Bayshore Manor Residential and Respite Program Rates, effective January 1, 1998. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-On 1). RESOLUTION NO. 424-1997 See Res. Book No. 136, which is incorporated herein by reference. 97/292 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 2). RESOLUTION NO. 425-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 3). RESOLUTION NO. 426-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-On 4). RESOLUTION NO. 427-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 5). RESOLUTION NO. 428-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the fOllowing Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 6). RESOLUTION NO. 429-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 7). RESOLUTION NO. 430-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 8). RESOLUTION NO. 431-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Ad-On 9). 97/293 RESOLUTION NO. 432-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 10). RESOLUTION NO. 433-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-On 11). RESOLUTION NO. 434-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 12). RESOLUTION NO. 435-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-On 13). RESOLUTION NO. 436-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 14). RESOLUTION NO. 437-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 15). RESOLUTION NO. 438-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 16). RESOLUTION NO. 439-1997 See Res. Book No. 136, which is incorporated herein by reference. 97/294 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 17). RESOLUTION NO. 440-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution to rescind Resolution No. 392-1997 (Verbal Add-On 18). RESOLUTION NO. 441-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-On 19). RESOLUTION NO. 442-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-On 20). RESOLUTION NO. 443-1997 See Res. Book No. 136, which is incorporated herein by reference. Board granted approval, after the fact, of expenditures made by the Recycling Programs and Education section in excess of the previously approved contract with R.W. Beck. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Turnkey Funding Agreement between Monroe County and Naval Air station Key West covering the Naval Air station Key West Open House/Air Show and Spanish American War on April 18-19, 1998, in an amount not to exceed $15,000.00, with an additional $15,000.00 for the participation of either the Blue Angels or Thunderbirds in this event, FY 98, DAC 1, Third Penny. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Red Barn Theatre covering the Red Barn Theatre/Live Theatre on October 1997 through July 1998, in an amount not to exceed $15,400.00 FY 98, Two Penny , allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key West Literary Seminar, Inc., covering Once Upon A Time: Children's Literature 97/295 in the late 20th century on January 5-11, 1998, in an amount not to exceed $15,400.00 FY 98, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Florida Keys Discovery, Inc., covering Florida Keys Discovery Lectures on January 10 through April 25, 1998, in an amount not to exceed $2,820.00 FY 98, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and San Pedro Women's Guild, covering Art Under The Oaks on January 17, 1998, in an amount not to exceed $5,500.00 FY 98, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Nicolay Enterprises Key West Music Festival on May 29-31, 1998, in an amount not to exceed $13,000.00 FY 98, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Starfire Unlimited, Inc., covering Women Fest Key West on September 7-13, 1998, in an amount not to exceed $25,000.00 FY 98, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and The Friends of the Islamorada Area state Park, covering Indian Key Festival on October 3-4, 1998, in an amount not to exceed $22,440.00 FY 98, Two Penny, allocated under the Cultural Umbrella. Board granted approval and authorized execution of a Turn Key Funding Agreement between Monroe County and Premiere Racing, Inc., covering Yachting Key West Race Week on January 17- 23, 1998, in an amount not to exceed $25,000.00 FY 98, DAC 1, Third Penny. Board granted approval of Florida Keys Fishing Tournaments, Inc., operations manual revision (Fishing Umbrella). Board granted approval to advertise a Request for Proposal (RFP) for Destination and Turn Key events applications. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Exclusive Sports Marketing, covering "Publix Family Fitness Weekend" on October 9- 11, 1998, or October 17-19, 1998, in an amount not to exceed $30,000.00, FY 98, DAC III, Third Penny. 97/296 Board granted approval and authorized execution of a Funding Agreement between Monroe County and Islamorada All Tackle Bonefish Tournament covering Islamorada All Tackle Bonefish Tournament, October 12-17, 1998, in an amount not to exceed $3,000.00, Two Penny, Fishing Umbrella. Board granted approval of the final report from the Cooperative Agreement between Monroe County, the strategic Environmental Assessments Division of the National Oceanic and Atmospheric Administration (NOAA) and The Nature Conservancy to conduct an Economic Impact/Visitor study. CONSENT AGENDA/BULK APPROVALS Board granted approval and authorized execution of a Grant of Conservation Easement Agreement between Monroe County and Barbara E. Osborn for Block 7, Lots 22 and 23, Anglers Park, Key Largo, as recorded in Plat Book 1, Page 159 of the official records of Monroe County. Board granted approval to advertise an Ordinance amending Sec. 6-16{a) Monroe County Code, by an Ordinance adopting the 1997 Standard Building Code with Appendix C as the Code applicable in the unincorporated areas of Monroe County; 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. Board granted approval to advertise an Ordinance amending Sec. 6-206, Monroe County Code, by an Ordinance adopting the 1997 Standard Gas Code as the Code applicable in the unincorporated areas of Monroe County; providing for severability; providing for repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Board granted approval to advertise an Ordinance amending Sec. 6-256, Monroe County Code, by an Ordinance adopting the 1997 Standard Mechanical Code as the Code applicable in the unincorporated areas of Monroe County; 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. Board granted approval to advertise an Ordinance amending Sec. 6-27{a), Monroe County Code, by an Ordinance adopting the 1997 Standard Plumbing Code as the Code applicable in the unincorporated areas of Monroe County; 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. 97/297 Board granted approval to advertise an Ordinance amending Sec. 6-16.1(9), Monroe County Code, by an Ordinance adopting the 1997 Edition of the "Florida Accessibility Code for Building Construction" as the Code applicable in the unincorporated areas of Monroe County; 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. Board granted approval and authorized execution of a Release of Lien Affordable Housing Deed Restriction and Notice of Deferred Payment of Impact Fees between Monroe County and Cynthia Bayer and Chester Tanner. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to 120 Tavern Drive, in Tavernier, Florida. The property is described as Lots 33 and 34, Block A, Tavernier #2 Subdivision, section 34, Township 62 South, Range 38 East. The Real Estate Identification Number is 00555890-000000. RESOLUTION NO. 444-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to 136 Tavern Drive, in Tavernier, Florida. The property is described as Lot 29, Block A, Tavernier #2 Subdivision, section 34, Township 62 South, Range 38 East. The Real Estate Identification Number is 00555840-000000. RESOLUTION NO. 445-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to 122 Lowe Street, in Tavernier, Florida. The property is described as Lot 6, Part of Square 1, Tavernier Beach Subdivision, section 34, Township 62 South, Range 38 East. The Real Estate Identification Number is 00566160-000000. RESOLUTION NO. 446-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to 181 Coconut Row in Tavernier, Florida. The property is described as Lot 18, Block 1, Tavernier Beach Subdivision, Section 34, Township 62 South, Range 38 East. The Real Estate Identification Number is 00566040-000000. 97/298 RESOLUTION NO. 447-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to the Wilkinson House at 159 Tavernier Trail, in Tavernier, Florida. The property is described as Lots 32 and 33, Singleton's Addition to Tavernier Cove, section 34, Township 62 South, Range 38 East. The Real Estate Identification Number is 00506830-000000. RESOLUTION NO. 448-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to the Lowe House at 91770 Overseas Highway, in Tavernier, Florida. The property is described as part of Lot 21 of the Absolom Albury Plat and a part of the Northwesterly 97.97 feet of Tract A, Burton's Addition to Tavernier, section 34, Township 62 South, Range 38 East. The Real Estate Identification Number is 00479470-000000. RESOLUTION NO. 449-1997 See Res. Book No. 136, which is incorporated herein by reference. Board granted approval of the following transfers of buildable lots to Monroe County by Warranty Deed. Pursuant to Ordinance No. 016-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for the quarter ending on October 13, 1997. Permit No. Name on Warranty Deed Leqal Descriotion 96-2-046 Roe, Ltd. Corp. Lot 14, Blk 2,palm Villa SUbdivision, PB 1, Page 89. 96-3-046 Roe, Ltd. Corp. Lot 3, Blk 33, Palm Villa Subdivision, PB 1, Page 89. 96-3-046 Roe, Ltd. Corp. Lot 7, Blk 6, Palm Villa SUbdivision, PB 1, Page 89. 96-3-046 Roe, Ltd. Corp. Lot 11, Blk 14, Palm Villa Subdivision, PB 1, Page 89. 97/299 96-3-046 Roe, Ltd. Corp. Lot 4, Blk 33, Palm Villa Subdivision, PB 1, Page 89. 96-3-046 Roe, Ltd. Corp. Lot 12, Blk 14, Palm Villa Subdivision, PB1, Page 89. 96-3-046 Roe, Ltd. Corp. Lot 11 & 23, Blk 25, Palm Villa Subdiv. PB 1, Page 89. 96-3-046 Roe, Ltd. Corp. Lots 17 & 18, Blk 2, Palm Villa Subdiv. PB 1, Page 89. 97-3-1939 Jose/Alejandrina Reboredo Lot 12, Blk 5, Kinercha SID, PB 1, Page 74. 96-3-2909 Richard Allen Wood, Jr. Lot 3, Square 10, Palma Sola 97-3-2387 Joseph Furlong Lot 16, Blk 5, Kinercha SID, PB 1, Page 74. 97-3-2517 Jerry & Linda Parker Lot 2, Blk 2, Rev.Plat Torch Key PB 4, Page 40. GROWTH MANAGEMENT Board granted approval and authorized execution of a Stipulation Agreement between Monroe County and Florida Department of Community Affairs, Charles G. McDonald and Charles E. Allen (owners), Tom Ryan, Inc., the Department of Environmental Protection and Monroe County concerning property described as a part of Government Lot 1, section 15, Township 67 South, Range 27 East, Sugarloaf Key. JUDICIAL SERVICES Board granted approval and authorized execution of a Grant-in-Aid Agreement for Court Reporting Services to the sixteenth Judicial Circuit, between Monroe County and the Office of the State Courts Administrator, on behalf of the sixteenth Judicial Circuit (Grant Manager). 97/300 MONROE COUNTY HEALTH DEPARTMENT Board granted approval and authorized execution of a Contract between Monroe County and the Florida Department of Health, Monroe County Health Department, for Health Department services provided to the County. COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the Late Lucien C. Proby, Jr. RESOLUTION NO. 450-1997 See Res. Book No. 136, which is incorporated herein by reference. Board adopted the following Resolution in recognition of the Late Berl Ralph Pinder. RESOLUTION NO. 451-1997 See Res. Book No. 136, which is incorporated herein by reference. Board granted approval of Mayor London's reappointment of Nancy Whitney to the Commission for the Status of Women. Term expires November 1998. Board granted approval of Mayor London's reappointment of Thomas D. Wright to the Parks and Recreation Advisory Board. Term expires January 1, 2001. Board granted blanket approval for all travel of County Commissioners associated with Boards and Committees to which the individual commissioners are appointed. Board granted authorization to call a special election of five Village of Islamorada council members to be held on March 12, 1998, with runoff election, if necessary, to be held March 26,1998. Board directed staff to work on finding a computer for AARP, Chapter 1351. COUNTY ADMINISTRATOR Board reviewed monthly financial documents prepared by the Office of Management and Budget and reviewed the budget trends for the next fiscal year. 97/301 Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County, Department of the Navy, The Florida state Historic Preservation Officer, and the Advisory Council on Historic Preservation for the rehabilitation, lease/transfer of the Historic Base Commissary (Building G-1) in Key West. Board granted approval for the County to submit an Application for Obtaining Real Property for Historic Monument Purposes to be submitted to the National Park Service, u.s. Department of the Interior, under the Historic Surplus Property Program, and for the appropriate County officials to sign the documents. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for Mental Health, in the amount of $1,050.00; Leslie Morgan, in the amount of $350.00; William Chambers, in the amount of $300.00; Guidance Clinic of the Middle Keys, in the amount of $300.00; Deborah A. Harrison, PhD., in the amount of $550.00. OTHER EXPENSES, State of Florida, in the amount of $209.10; Buccaneer Resort Hotel, in the amount of $89.00; Sharon HUdgins, in the amount of $33.00; Don Shafer, in the amount of $23.70; Hibiscus, in the amount of $227.59; steven Maeck, in the amount of $35.50; Boulevard Travel, in the amount of $327.00; Kathy Benjamin, in the amount of $73.45; Santa Maria, in the amount of $79.00; certified Video Services, Inc., in the amount of $195.00; Karen Cooper, in the amount of $25.41; George Dimsey, in the amount of $94.22; Regency Travel, in the amount of $1,923.00; Anthony Plyley, in the amount of $6.00; Russell Bryan, in the amount of $35.00; Charles Scott Burdo, in the amount of $6.00. COURT ORDERED ATTORNEY CONFLICT, Maria Bentancourt, in the amount of $12,738.75; Albert Kelley, in the amount of $1,515.00; Cunningham, Albritton, Miller, Crimmella & Hamilton, in the amount of $4,687.50; Jason R. Smith, in the amount of $3,056.25; Marci Rose, in the amount of $775.75; Stephen Isherwood, in the amount of $10,743.75; Carl Palomino, in the amount of $450.00; Neta Seiber, in the amount of $445.24; Manuel Garcia, in the amount of $802.50; Margaret Tobin, in the amount of $266.25; Mitchell Denker, in the amount of $8,812.50; Larry Erskine, in the amount of $350.00; Charles Milligan, in the amount of $1,845.00; Mark J. simms, in the amount of $399.66. 97/302 COURT REPORTER SERVICES, Mary Low Cross, in the amount of $52.50; Fowler & Fowler, in the amount of $375.00; Associated Court Reporters of Monroe County, in the amount of $1,443.75; Florida Keys Reporting, in the amount of $4,645.00; vicky Lynn Doty, in the amount of $1,125.25; Amy Landry, in the amount of $1,575.00; Richard Krone, in the amount of $1,736.00; Diane Carole Court Reporting, in the amount of $251.81; King Reporting, in the amount of $302.50; Susan L. Davis, in the amount of $235.25; Nolen Martina Reporting, in the amount of $37.50. COURT INTERPRETER, Jan Trawinski, in the amount of $85.00; William Waddell, in the amount of $425.00; Sergio Alvarez, in the amount of $75.00; Gilbert Mora, in the amount of $25.00; Grace Krulasik, in the amount of $25.00; Yolanda Krauss, in the amount of $25.00; Mary Waas, in the amount of $50.00; JR Alayon-Forti, in the amount of $800.00; Jose Menendez, in the amount of $480.00; Eva Spain, in the amount of $66.00; Caroline Scorza, in the amount of $65.00; Shirley Rivira, in the amount of $210.00; Mayda Maloney, in the amount of $90.00; AT&T Language Line, in the amount of $60.00; Estrella Garcia, in the amount of $25.00; Jim Dolezal, in the amount of $25.00; Grislaine Mangrella, in the amount of $65.00. TRAVEL EXPENSES, witness Travel, in the amount of $7,379.41. EXTRADITION, Richard D. Roth, Sheriff of Monroe County, in the amount of $749.50. MISCELLANEOUS EXPENSES-ALL, Expenses, in the amount of $71.00 WITNESS FEES, Witness Payroll, in the amount of $470.00. EXPERT WITNESS, David Burns Investigations, in the amount of $537.50; Swope Reconstruction, in the amount of $672.50; Dennis McGuire, in the amount of $483.00; Dr. Mambo, in the amount of $250.00. COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), #293952-296545, in the amount of $12,756,030.33 Board approved the County Commission Meeting Minutes of September 4 and September 11, 1997. 97/303 COUNTY ATTORNEY Board granted approval to advertise an Ordinance repealing Monroe County Code section 6-56(e), Concrete-Work Engineering Contractor as this specialty is defined under Masonry specialty Contractor, section 6-56(20); providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance amending Section 6-56(12), Glazing Specialty Contractor by the addition of wood window frame installations; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance amending Ordinance No. 016-1997, in order to include Roofed Sheathing in the adoption of the latest revision of ASCE, Standard #7, Wind Engineering; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance amending Monroe County Code sections 6-90(5) and 6-90(6), concerning appeals to the Contractors Examining Board; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance amending section 6-59(II) Monroe County Code in order to require testing of Drywall Specialty Contractors to correspond to new state requirements and to clarify those specialties not required to have a technical test; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval and authorized execution of a satisfaction of Mortgage for Helen Jane Petersen, per County's Fund 100, Elderly Homeowner Rehabilitation Program. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Canalis HOlding Corporation, for twenty years for a ten foot strip of Second Avenue, Mandalay Subdivision, Key Largo. 97/304 Board confirmed Resolution No. 394-1997, concerning the application of Mr. and Mrs. Burnham for a building permit allocation under the Dwelling unit Allocation Ordinance, ROGO. Board adopted the following Resolution urging the Florida Public Service Commission to refrain from imposing an additional area code and additional telephone dialing obstacles on the citizens of Monroe County. RESOLUTION NO. 452-1997 See Res. Book No. 136, which is incorporated herein by reference. Motion carried unanimously. PUBLIC HEARINGS Public Hearing was held to consider Administrative Relief application filed by Mr. John Barichak for Lot 2, Block 13, Palma Sola Subdivision, Key Largo regarding Building Permit No. 92-3-7792. Tomothy J. McGarry, Director of Planning and Mark Rosch, Land Authority Director addressed the Board. Andrew TObin, Attorney for Mr. Barichak, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to return this matter to the Land Authority Advisory Committee with a recommendation that they consider making an offer of $15,000.00 upon presentation of receipts from the applicant. Roll call vote was taken with the following results: Commissioner Douglass No Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London No Motion failed. Motion was made by Mayor London and seconded by Commissioner Freeman to make an offer of $12,000.00. During discussion, motion was withdrawn. Motion was made by Mayor London and seconded by Commissioner Harvey to refer this matter to the Land Authority for further review and consideration. Motion carried unanimously. Mr. McGarry discussed the public hearings. After the scheduled public hearings were announced, and there being no public input, motion was made by Commissioner Douglass and seconded by Commissioner Freeman to approve the following: Board granted approval to adopt the following Ordinance amending the Monroe County Year 2010 Comprehensive Plan as follows: Amendments to Policy 101.4.21 in order to clarify that uses within the agricultural, educational, institutional, public 97/305 facilities, and public buildings and grounds future land use categories are intended to be incorporated into the existing system of land use districts in the future land development regulations; to provide for a maximum net density of 25 for affordable housing in the urban residential (UR) land use district; to clarify the meaning where there is an allocated density but a maximum net density of "0"; and to delete erroneous references to densities and intensities so as to reconcile the density/intensity table with the uses actually allowed in each future land use category. Policies 101.18.1 and 101.18.2 are also amended to remove the time limit for beneficial use applications. ORDINANCE 039-1997 See Ord. Book No. 45, which is incorporated herein by reference. Board granted approval to adopt the following Ordinance approving the request filed by David Ethridge for an amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Industrial (I) to Residential High (RR) for property described as part of Government Lot 2, section 9, Township 66 South, Range 32 East, Tallahassee Meridian, located at approximately 2111 Overseas Highway, Marathon, Vaca Key, mile marker 48. The real estate identification number is 00102520. ORDINANCE 040-1997 See Ord. Book No. 45, which is incorporated herein by reference. Board granted approval to adopt the following Ordinance approving the request filed by Carolyn Voit to amend the future land use map from residential low (RL) to mixed Use/Commercial (MC) for property located at mile marker 49 and further described as a portion of Sombrero properties, Boot Key Parcels 10 and lOA, bordering on Boot Key Harbor, section 10, Township 66 South, Range 32 East, Vaca Key, with Real Estate Identification Number 0355430-000. ORDINANCE 041-1997 See Ord. Book No. 45, which is incorporated herein by reference. Board granted approval to adopt the following Ordinance approving the request filed by George and Gay Neth for an amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Residential Medium (RM) to Mixed Use Commercial (MC) for property described as lots 1 and 2, Block 2 of Casa Blanca Subdivision and including Florida Department of Transportation Parcel #6011 which abuts the lots known as Herbie's Restaurant, located at 6350 Overseas Highway, Marathon, in section 11, Township 66 South, Range 32 East, Tallahassee Meridian, Vaca Key, Mile Marker 50.4. The Real Estate Number is ~ 97/306 336380. ORDINANCE 042-1997 See Ord. Book No. 45, which is incorporated herein by reference. Board granted approval to adopt the following Ordinance approving the request filed by Niki Lesko, Loran Van Vleet, James Fowler and Charles Fowler to amend the Future Land Use Map from Residential Medium (RM) to Mixed Use/Commercial (MU/C) for Block 5, Lots 21, 22, 23, and 4, Straton Subdivision with Real Estate Identification Numbers 00399720, 00399730, 00399740 and 00399570 and Denying the request to amend the Future Land Use Map from Residential Medium (RM) to Mixed Use/Commercial (MU/C) for property described as Block 5, SW 1/2 Lot 5, NW 2/3 Lot 7, of Stratton Subdivision in section 28, Township 63 and Range 37, at Mile Marker 82 in Islamorada, with the Real Estate Identification Numbers 00399570 and 00399600-000100. ORDINANCE 043-1997 See Ord. Book No. 45, which is incorporated herein by reference. Board granted approval to adopt the following Ordinance approving the request filed by Richard Haight for an amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan 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, Mile Marker 88.5. The Real Estate Number is 00415940. ORDINANCE 044-1997 See Ord. Book No. 45, which is incorporated herein by reference. Board granted approval to adopt the following Ordinance approving a request filed by Monroe County Planning Department to amend the Future Land Use Map from Mixed Use/Commercial (MC) to Residential Medium (RM) for property described as Block 4, Lots 1-6 and Block 5, Lots 1-8 and 10, Harbor Shores Subdivision and to Residential Low (RL) for property described as Block 5, Lot 9, Harbor Shores Subdivision located at mile marker 99 in section 32, Township 61 South, Range 39 East, having Real Estate Identification Numbers 00522000, 00522010, 00522020, 00522030, 00522040, 00522050, 00522060, 00522070, 00522080, 00522090, 00522100, 00522110, 00522120, 00522130, 00522140, 00522150. ORDINANCE 045-1997 See Ord. Book No. 45, which is incorporated herein by reference. Revision 97/307 Board granted approval to adopt the following Ordinance approving the request filed by Jean Lopresti and Angela Reynolds to amend the Future Land Use Map from Residential Low (RL) to Residential Medium (RM) for property located at Mile Marker 99.5 and further described as Block 5, Lots 1 and 2, Block 14, Lots 1 and 2, Key Largo Ocean Shores Addition, Section 32, Township 61 South, Range 39 East, with Real Estate Identification Numbers 00498820, 00498830, 00500670, 00500680. ORDINANCE 046-1997 See Ord. Book No. 45, which is incorporated herein by reference. Board granted approval to adopt the following Ordinance approving the request filed by Christina Sutton, Emanuel Micelli, Robert Petri, and John and Ethel Marsteller, Christina Sutton and Amy Slate, agents, for an amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive 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, Mile Marker 104. The Real Estate Numbers are 00439590, 00439600, 00439600-000100, 00439610. ORDINANCE 047-1997 See Ord. Book No. 45, which is incorporated herein by reference. Motion carried unanimously. A Public Hearing was held to consider the adoption of an amendment to the Future Land Use Map (FLUM) for applicant Barry Mankowitz for the Florida Keys Medical Complex requesting a Future Land Use change from Residential High (RH) to Mixed ~ Use/Commercial (MC) for properties described as Lida Subdivision, Block 4, Lots 42 and 43, Block 3, Lot 44 in section 12, Township 66 South, Range 32 East at approximately mile marker 51.5 in Marathon, Florida. The Real Estate Identification Numbers are 00348600-000000 and 00349020-000000. Mr. McGarry addressed the Board. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Ordinance approving the request filed by Barry Mankowitz for the Florida Keys Medical Complex to amend the Future Land Use Maps (FLUM) from Residential High to Mixed Use/Commercial (MC) for property legally described as Block 4, Lots 42 and 43; Block 3, Lot 44, Lida SUbdivision, First Addition, Marathon, in section 12, Township 66 South, Range 32 East and having the Real Estate Identification Numbers 00348600- 000000, 00349020-000000. Roll call vote was taken with the following results: REVISED 97/308 commissioner Douglass Commissioner Freeman Commissioner Harvey Commissioner Reich Mayor London No No Yes Yes No * Motion failed. A Public Hearing was held to consider adoption of an amendment to the Future Land Use Map (FLUM) requested by the Planning Department to change the FLUM from Residential Medium (RM) to Residential High (RR) for properties legally described as Lots 1-13, Key Colony Subdivision #1; Lots 3-7, 9-12, 19, 23-42, Key Colony Subdivision #2; Block 2, Lots 7-9, Block 3, Lots 2-6 and 9-11, Block 4, Lot 3, Block 5, Lots 1-6, Key Colony Subdivision #4, in section 6, Township 66 South, Range 33 East, Tallahassee Meridian, Key Vaca, at Mile Marker 53.5. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to adopt the following Ordinance approving the request filed by the Monroe County Planning Department to amend the Monroe County 2010 Comprehensive Plan to change the future land use category from Residential Medium (RM) to Residential High (RH) for property described as Lots 1-13, Key Colony Subdivision #1; all of Lots 3-7, 9-12, 19, 23-42, Key Colony Subdivision #2; all of Lots 7-9, Block 2; all of Lots 2-6 and 9-11, Block 3; Lot 3, Block 4; all of Lots 1-6, Block 5, Key Colony Subdivision #4, section 6, Township 66 South, Range 33 East, Tallahassee Meridian, Key Vaca, Mile Marker 53.5. The Real Estate Identification Numbers are: 00333670 through 00333790, 00334070 through 00334110, 00334130 through 00334160, 00334230, 00334230-000100, 00334240, 00334270 through 00334340, 00334360 through 00334460, 00335070 through 00335100, 00335130, 00335140, 00335140-000100, 00335150, 00335160, 00335170, 00335200, 00225210, 00335220, 00335260, 00335300 through 00335350. ORDINANCE 048-1997 See Ord. Book No. 45, which is incorporated herein by reference. Motion carried unanimously. A Public Hearing was held to consider an Ordinance amending section 6-20, Monroe County Code, concurring handicapped accessibility in order to repeal the 1975 edition and adopt the 1994 edition of the Florida Accessibility Code. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to adopt the following Ordinance repealing section 6-20 of the Monroe County Code which adopted the 1975 Handicapped Accessibility Chapter of the Florida Statutes as the 1994 edition of the Florida Accessibility Code was adopted in 1994; providing for severability; providing for 97/309 the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. ORDINANCE 049-1997 See Ord. Book No. 45, which is incorporated herein by reference. Motion carried unanimously. A Public Hearing was held to consider an Ordinance amending Ordinance Numbers 008-1988, 007-1991 and 020-1992 relating to the Upper Keys Health Care Taxing District. Elaine Gorman, representing the Upper Keys Trauma District, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Ordinance amending Ordinance No. 008-1988, as amended by Ordinance Nos. 007-1991 and 020-1992, relating to the Upper Keys Health Care Taxing District, providing for termination of the Taxing Authority for the District; providing for subsequent referendum for renewing the ad valorem levy for the district; 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. ORDINANCE 050-1997 See Ord. Book No. 45, which is incorporated herein by reference. Motion carried unanimously. A Public Hearing was held to consider a proposed "Idle Speed/No Wake Zone" Ordinance for Community Harbor, Tavernier. The following addressed the Board: David Teems, Lee Sebben, and Juanita Green, representing the Harris Park Homeowners. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Ordinance creating a Boating Restricted Area (idle speed/no wake zone) for all of Community Harbor; providing for definitions; providing that Monroe County agrees to hold the Florida Department of Environmental Protection harmless from any liability incurred from the negligent posting of boating restricted markers; providing for penalties for violations; providing for exemptions; providing for severability; providing for repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. ORDINANCE 051-1997 See Ord. Book No. 45, which is incorporated herein by reference. Motion carried unanimously. 97/310 BULK APPROVALS David Koppel, Director of Engineering, addressed the Board concerning a lease agreement with Robert Cangplosi to lease Harry Harris Park Concession stand for three years. Mr. cangplosi addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to approve a lease of six months with provision for renewal for an additional two and one half years subject to the inclusion of additional conditions and provisions as required by the County. Motion carried unanimously. LAND AUTHORITY (SITTING AS COUNTY COMMISSION) Mark Rosch, Land Authority Director, addressed the Board concerning a contract to purchase unbuildable property from the Land Authority that has been pre-acquired for a ROGO Grant. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval and authorizing execution of an Agreement for the Purchase of Lands between Monroe County and the Monroe County Comprehensive Plan Land Authority, in the amount of $220,046.27. Motion carried unanimously. Harry Knight, Monroe County Tax Collector, addressed the Board concerning a Resolution authorizing the conveyance of certain real property to the state of Florida. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt 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. 453-1997 See Res. Book No. 136, which is incorporated herein by reference. Motion carried unanimously. MONROE COUNTY TAX COLLECTOR Mr. Knight addressed the Board. Motion was made by Commissioner Freeman and seconded by Mayor London to allow the Tax Collector to assume responsibility for the process of selecting the newspaper(s) to advertise the 1997 Delinquent Tax Roll and declining the prerogative of the Board to handle the process pursuant to Florida Law. Roll call vote was taken with the following results: commissioner Douglass Commissioner Freeman Not Present Yes 97/311 commissioner Harvey No Commissioner Reich No Mayor London Yes Motion failed. Motion was made by Commissioner Harvey and seconded by Mayor London indicating that the Board of County Commissioners would seek bids and requesting the Tax Collector to analyze those bids and make a recommendation to the Board. Roll call vote was unanimous with Commissioner Douglass not present. LAND AUTHORITY (SITTING AS COUNTY COMMISSION) H. T. pontin addressed the Board concerning a Resolution previously approved by the Board authorizing the conveyances of certain real property to the state of Florida. No official action was taken. GROWTH MANAGEMENT Bob Herman, Director of Growth Management and Ken Williams of CH2MHILL, and Damon Anderson made a presentation to the Board concerning the Wastewater Master Plan and a briefing on incinerator and composting toilets. The following individuals addressed the Board: Jack Wedge, representing the Big coppitt Septic Action Committee, Paula Morrow and H. T. Pontin. No official action was taken. COMMISSIONERS' ITEMS commissioner Douglass discussed the update on the progress of the Key Largo Economic Council. David Ritz, representing the Key Largo Economic Council addressed the Board. No official action was taken. SOUNDING BOARD Randy Jordan, President of D & J Industries, Inc., addressed the Board concerning what he considered to be irregularities in certain County roofing projects. Dave Koppel addressed the Board. The Board directed Mr. Koppel to give a detailed report concerning this matter at the next regular Board of County Commissioners Meeting. COMMISSIONERS' ITEMS Commissioner Douglass addressed the Board concerning 97/312 the Lower Matecumbe Key Visioning Initiative. Evangeline Suarez of the South Florida Regional Planning Council was present and recognized in the audience. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to accept the Final Report of the Lower Matecumbe Key Visioning Initiative with appreciation and pledge to work together with Lower Matecumbe Key citizens, organizations in government or private sector, in the pursuit of these goals and objectives. Motion carried unanimously. MISCELLANEOUS Monica Haskell, representing the Monroe Council of the Arts Corporation addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to approve the concept of the Monroe Council of the Arts Corporation moving ahead with the development of a Cultural Action Plan. Roll call vote was unanimous. COUNTY ATTORNEY County Attorney James T. Hendrick addressed the Board concerning an Ordinance prohibiting public nudity and various acts of sexual conduct in establishments dealing in alcoholic beverages. The following individuals addressed the Board: Thomas Wood, representing the First Baptist Church; Gary Roberts, representing united Methodist Community Church; George Hickcox, representing Last Resort Ministries; Eloise Kerr; Doug Pearson, representing Student to Student, Inc.; Joan Mowery and Terry Walters. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval to advertise an Ordinance providing for definition of establishment dealing in alcoholic beverages; prohibiting public nudity or simulated public nudity and various acts of sexual conduct or simulated sexual conduct in establishments dealing in alcoholic beverages; prohibiting a person owning, maintaining or operating an establishment dealing in alcoholic beverages from sUffering or permitting public nudity, any simulation thereof, certain sexual acts and simulation thereof; providing for penalties; providing that this Ordinance is effective in the unincorporated areas of Monroe County, Florida, providing for severability; providing for the repeal of Ordinances inconsistent herewith; providing for inclusion in the Code of Ordinances; providing for an effective date. Roll call vote was unanimous. The Board discussed the status of District 1 Planning Commission appointee, Bettye chaplin. Jim Hendrick addressed the Board. Mr. Stuart Schurr, Assistant County Attorney, addressed the Board concerning his investigation of Planning commission member Bettye Chaplin. Allison DeFoor, of the law firm Hershoff, 97/313 Lupino, DeFoor & Gregg, representing Bettye Chaplin, addressed the Board. The following individuals addressed the Board: Richard LaMarra, Joe Bell, Monty Davis, H. T. pontin, Eugene Shinkevich, representing the Florida Keys citizens Coalition, and John O'Daniel. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to remove Bettye Chaplin from the Planning Commission and that this decision is not based on any anonymous reports. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held concerning the approval of a workers' compensation settlement in the amount of $20,000.00, inclusive of attorney's fees and costs. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to approve the settlement. Motion carried unanimously. A Public Hearing was held concerning approval of a workers' compensation settlement in the amount of $25,000.00, inclusive of attorney's fees and costs. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to approve the settlement. Motion carried unanimously. A Public Hearing was held to consider an Ordinance adopting land development regulations to implement the beneficial use and vested rights provisions of the 2010 Comprehensive Plan; establishing procedures, standards and criteria for beneficial use and vested rights determinations. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Ordinance adopting Land Development RegUlations to implement the Beneficial Use and Vested Rights provisions of the 2010 Comprehensive Plan; establishing procedures, standards and criteria for beneficial use and vested rights determinations. ORDINANCE 052-1997 See Ord. Book No. 45, which is incorporated herein by reference. Motion carried unanimously. 97/314 BULK APPROVALS Commissioner Douglass discussed the grass at Harry Harris Park. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to approve acceptance of the Report on the development of County Parks. Motion carried unanimously. Mr. Koppel was asked to obtain an estimate of the costs to replace the sod at Harry Harris Park. Motion was made by Mayor London and seconded by Commissioner Harvey to approve the purchase of a Caterpillar IT24F Loader at the General Services Administration contract price of $105,906.00, which includes a five year extended powertrain warranty. Motion carried unanimously. Motion was made by Mayor London and seconded by Commissioner Harvey to approve to waive Purchasing Policies and Procedures to purchase two used truck tractors at a cost not to exceed $35,000.00 each. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to contract with the Boys and Girls Club of the Upper Keys for youth activities. During discussion the motion was withdrawn. Motion was made by Mayor London and seconded by Commissioner Douglass granting approval and authorizing execution of all the Youth Club Agreements listed below with the exception of the Upper Keys Youth Club: Big pine Key Athletic Association, Inc., in the amount of $18,000.00. Florida Keys Youth Club, in the amount of $30,000.00. Heart of the Keys Recreation Association, in the amount of $18,000.00. Motion carried unanimously. DIVISION OF PUBLIC WORKS Dave Koppel advised the Board that the Florida Department of Transportation would be presenting their Five Year Plan next month at a public meeting at the Marathon Government Center. Mr. Koppel addressed the Board on Florida Department of Transportation Bike Paths on US1. No official action was taken. 97/315 GROWTH MANAGEMENT Bob Herman addressed the Board and gave an update on Cesspit Identification and Elimination Program. Bob Herman addressed the Board on the status of the Vacation Rental Ordinance. Eugene Shinkevich, representing the Florida Keys citizens Coalition, addressed the Board. Mr. Hendrick addressed the Board concerning the Vacation Rental Ordinance, the Burnham case, the John O'Daniel case and Key Largo Ocean Resorts. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to approve the following three directions concerning the Key Largo Ocean Resorts case: 1. Authorizing negotiation of a Development Agreement. 2. Directing the Planning staff to prepare an Ordinance concerning recreational vehicles. 3. preparation of a letter for the Mayor'S signature requesting the Fire Marshall to conduct fire inspections at Key Largo Ocean Resorts, Outdoor Resorts, Galway Bay, Pelican R.V. Park, and Key R.V. Park. Roll Call Vote was unanimous. MONROE COUNTY SHERIFF DEPARTMENT Motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval of a Request for Expenditures from the Law Enforcement Trust Fund in the total amount of $285,782.60: $976.00 MaraTac Mobile Radio for Bomb unit. $86,500.00 Computer hardware, software and technical support for stock Island Detention Facility. $16,000.00 Provide comprehensive training for computer hardware. $5,000.00 Seed money for construction of pool sponsored by Upper Keys community Pool, Inc. $3,480.00 Additional trunk card from BellSouth. $140,000.00 $2,000.00 $4,200.00 $8,000.00 $6,115.00 $3,753.60 $9,758.00 97/316 2 new positions for 1 year for IMPACT. School Board to help create Girls Junior Varsity Softball team at Marathon High. DARE Graduation Awards 3 desktop and 1 laptop computer for School Resource Officers. For School Board - PRIDE Anti-Drug Conference in Lake Center, Florida. Fingerprint cards for children's identification program. Travel expenses for Explorer/Cadet Posts. Motion carried unanimously. JUDICIAL SERVICES Motion was made by Mayor London and seconded by Commissioner Douglass granting approval and authorizing execution of a Renewal option for Outlease Agreement between Monroe County and the united States Postal Service for the Court's Pretrial Services and Drug Court Programs. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to appoint Mayor London to represent the County on the Florida Keys National Marine Sanctuary Advisory Council. Motion carried unanimously. Mayor London discussed permitting requirements for painting. Bob Herman addressed the Board. Motion was made by Mayor London and seconded by Commissioner Reich directing the County Attorney to prepare an Ordinance that will eliminate the permitting requirement for residential painting. Motion carried unanimously. COUNTY ADMINISTRATOR Mr. Roberts advised the Commission that the Career Service Council had upheld the termination of former Library Director Mary Quinn. 97/317 Mr. Roberts briefly discussed Construction Management Office and the process of seeking a replacement of the Construction Manager. Mr. Roberts advised the Commission that he would be making a selection of the Human Resources Director within a matter of days and that he would bring his selection to the Board of confirmation at the December meeting. Mr. Roberts discussed the process of acquiring the commissary Building and indicated that a lease would be forthcoming in December. Mr. Roberts advised the Commission that he had done some research through ICMA on community Councils and had provided that information to Commissioner Douglass. Motion was made by Commissioner Douglass and seconded by Commissioner Reich granting approval of the 1998 appointments of Commissioners to various duties with the following amendments: Motion carried unanimously. LIBRARY ADVISORY BOARD - All meetings begin at 10:30 a.m. January February March April May June July August september October November December Douglass Freeman London Reich Harvey Douglass Freeman London Reich Harvey Douglass Freeman (1/27 - Islamorada Library) (2/24 - Big pine Library) (3/24 - Marathon Library) (4/28 - Key Largo Library) (5/26 - Key West Library) (6/23 - Islamorada Library) (7/28 - Big pine Library) (8/25 - Marathon Library) (9/22 - Key Largo Library) (10/27 - Key West Library) (11/24 - Islamorada Library) (12/22 - Big pine Library) OLDER AMERICAN ADVISORY BOARD January February March April May June July August September October November December Freeman Harvey London Douglass Reich Freeman OAAB Vacation (each year) OAAB Vacation (each year) OAAB Vacation (each year) Harvey London Douglass 97/318 1998 APPOINTMENTS OF COMMISSIONERS TO VARIOUS DUTIES Committee commissioner Criminal Justic Committee Reich Land Use Facilitator London Municipal Services Taxing District #1 (Fire and Rescue) Board of Governors Douglass London Freeman 1998 Value Adjustment Board London Harvey Reich South Florida Regional Planning Council London Douglass Voter Canvassing Board London South Florida Water Management District Reich as Liaison Beach Advisory Board Harvey Jail Dispute Review Board Reich Tourist Development Council Freeman Marine Sanctuary Water Quality Steering Committee Douglass Alliance For Aging Reich Round Table Committee Freeman (Chairman) Substance Abuse Policy Board Reich Hurricane Preparedness Committee Reich circuit Conflict Committee London Base Closure and Realignment Committee Harvey Juvenile Justice Council Douglass Marine and Port Advisory Committee Douglass Boot Key Harbor Ad Hoc Committee Douglass 97/319 Key West Airport Ad Hoc Committee Marathon Airport Ad Hoc Committee Harvey Douglass FEMA Task Force Harvey Job & Education Partnership Board Freeman COUNTY CLERK Danny L. Kolhage advised the Board that he received a communication from the state Attorney concerning the denial of the state's Motion of the payment of certain costs in Case No. PK97-30076-DL-11, in the amount of $898.04. Request for payment of these costs is made pursuant to Florida statutes 142.09 and 142.12. Mr. Hendrick addressed the Board concerning Judge Shea's denial of that Motion for payment of costs and recommended that the Board deny payment. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to deny the request from the State Attorney to make payment of costs in Case No. PK97-30076- DL-11, in the amount of $898.04. Roll call vote was unanimous. COUNTY ATTORNEY Mr. Hendrick discussed the Islamorada Incorporation and some of the details that will have to be handled between Monroe County government and the newly incorporated municipality. Mr. Hendrick gave a report of his criminal cost containment activities for the final quarter of the fiscal year 1996/97. Mr. Hendrick addressed the Board concerning the Marathon Airport Interim operating entity. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval and authorizing execution of the operation Agreement between Monroe County and Marathon FBO, Inc., with an amendment to section 3. 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 ~~/M;11/;') Deputy Clerk