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03/15/1995 Regular 95/73 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 15, 1995 Marathon Government Center A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date, at the Marathon Government Center, Marathon, Florida. Present and answering to roll call were Commissioners Keith Douglass, Wilhelmina Harvey, Mary Kay Reich and Mayor Pro tem Jack London. Mayor Shirley Freeman was absent. Also present were Danny L. Kolhage, Clerk; Randy Ludacer, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, AND DELETIONS Motion was made by commissioner Douglass and seconded by Commissioner Harvey granting approval of Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS A Retirement Award was presented to Henry Lumpkin, Recycling Department, Environmental Management Division. A Proclamation proclaiming April 3 through April 7, 1995 as Public Health Week in Monroe County was presented. BULK APPROVALS/CONSENT AGENDA Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to approve the following items by unanimous consent: Board granted approval of two Affordable Housing Deed Restrictions, submitted by Hernan and Eulalia Zaldivar (94-3- 2533) and Sylvia Murphy (94-3-1891). The Deed Restrictions for Affordable Housing have been completed and filed by the applicants pursuant to the requirements of the Dwelling Unit Allocation Text Amendment (Ordinance No. 016-1992), and the 95/74 County's Land Development Regulations. Board granted approval of a Restrictive Covenant, submitted by J.P. Sorensen Enterprises for building permit application number 94-3-3019, restricting the property owner to only one dwelling unit on two contiguous lots. The Restrictive Covenant for combining contiguous lots has been filed by the applicant for the second quarter, year three allocation ending on January 13, 1995, under the requirements of the Dwelling unit Allocation Text Amendment. Board granted approval to remove a Murata Fax Phone, County Tag #0601-190, from the Court Administrator's inventory and advertise for bids. Board granted approval to remove one Laptop Computer, County Tag #1505-42, from Emergency Communications Department and written off as attrition. Board granted approval to remove the following surplus property from the County Attorney's inventory and advertise for bids: County Taq No. Description 0300-92A IBM Displaywriter station SN #98952 0300-106A IBM Displaywriter station SN #19QKZH 0300-92C IBM Diskette Drive SN #90001 0300-92D IBM Diskette Drive SN #95392 0300-92E IBM DWS Printer SN #41663 Board adopted the following Resolution opposing recommendations in the Administration's Fiscal Year 1996 budget request which would remove federal participation in water projects, including beach nourishment projects, which are not "nationally significant", recommending retaining the current federal criteria for federal participation and cost sharing. Recommending opposing future legislation which may eliminate or reduce federal participation in such projects, providing for an effective date. RESOLUTION NO. 100-1995 See Res. Book No. 125, which is incorporated herein by reference. 95/75 Board granted approval of Award of Bid and authorized execution of a Contract between Monroe County and Temporary Permanent structures, Inc., for the Blue Heron Park Basketball Courts, in the amount of $24,639.72. Board granted approval to remove the following surplus property from the inventory of Facilities Maintenance Department and advertise for bids: County Tag No. Description 1001-201 1803-460 0903-627 Air conditioner Air conditioner Kee lawn mower Board granted approval of Award of Bid and authorized execution of a Contract between Monroe County and Garcia Cleaning Service, to provide janitorial services for the Courthouse Annex, Guardian Ad Litem, state Attorney, Supervisor of Elections, Administration Building, Clerk's Internal Audit and 600 Whitehead street, in the amount of $2,550.00 per month. Board granted approval of Award of Bid and authorized execution of a Contract between Monroe County and Diversified Services, to provide janitorial services for the Courthouse, Justice Building, including the Clerk's Records Storage Facility, in the amount of $l,875.00. Board granted approval to advertise for bids for janitorial service for County buildings located in Marathon. Board granted approval and authorized execution of an Addendum to the Standard Contract between Monroe County and the State of Florida Department of Health and Rehabilitative Services for the planning and construction of the Marathon Public Health unit. Board granted approval and authorized execution of a Lease Agreement between Monroe County and William Meeler, for office space #105 in the Marathon Airport Terminal. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Federal Express, for the existing terminal building and parking area at the Marathon Airport. Board adopted the following Resolution authorizing the filing of a Grant Application with the Florida Department of Environmental Protection, Boating Improvement Fund, and directing the execution of same by the proper authorities for the emergency repair of Channel Marker #20 in Cow Key Channel. 95/76 RESOLUTION NO. 101-1995 See Res. Book No. 125, which is incorporated herein by reference. Board granted approval and authorized execution of a Contract between Monroe County and Frank Keevan & Son, Inc., for the emergency repair of Channel Marker #20 in Cow Key Channel. Board granted approval of an Amendment to the Monroe County Government Channel 16 Educational and Government Programming Policies and Guidelines to include the following: F. Sponsorship/Endorsements- At no time shall Channel 16 be used to endorse consumer products and/or service. However. public service announcements listing bus or van schedules and a telephone number for further information mav be considered for broadcast. Board granted approval and authorized execution of an Amendment to the Contract Agreement between Monroe County and the South Florida Employment and Training Consortium for Title IIA/IIC/III Intake Services. Board granted conditioner from Social and advertise for bids. available. approval to remove an inoperable air Services Nutrition Department inventory No County tag number or inventory card Board granted approval and authorized execution of Amendment #2 to Contract KG-45lE, between Monroe County and the Alliance for Aging, Inc. This amendment introduces language needed to bring the Community Care for the Elderly Grant Contract into compliance with the National Voter Registration Act of 1993. Board granted approval to remove one Whirlpool Air Conditioner, County Tag #1803-460, from the inventory of Social Services/Bayshore Manor inventory and advertise for bids. Board granted approval to amend the Older American Advisory Board Rotational Commissioner Attendance Sheet that was attached to the 1995 Appointments of Commissioners to various duties. The Advisory Board advised that July, August and September is vacation time for the Older American Advisory Board; therefore, it is not necessary to include those three months in the Rotational Attendance Sheet. Board granted approval to pay $75,000.00 in settlement in the Maleske vs. Monroe County claim. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Department of Community Affairs concerning Emergency Management Assistance for 95/77 Fiscal Year 1995. Board adopted the following Resolution concerning the Transfer of Funds for Fiscal Year 1995. RESOLUTION NO. 102-1995 See Res. Book No. 125, which is incorporated herein by reference. Board granted approval and authorized execution of a Grant Agreement between Monroe County and the Florida Department of Commerce, Division of Economic Development, for the preservation of Naval Air Station Key West, in the amount of $100,000.00. Board granted approval to waive Purchasing Policy and Procedures, award a proposal, and authorized execution of a Contract between Monroe County and Sweetwater Homes, Inc., for the construction and installation of a 912 sq. ft. modular home at Bernstein Park, for security purposes, in the amount of $61,600.00. DIVISION OF GROWTH MANAGEMENT Board granted approval to reinstate Building Permit No. 91-3-4456, issued to J.R. Carter on 11/18/81 for a single family home on Lot 1, Block, 1, Largo Beach Subdivision. Board granted approval to advertise an Ordinance amending section 6-56 Monroe County Code, in order to provide for the establishment of a Specialty Contractor License for fire alarms; 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. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe County and Diversified Cleaning Services, to provide janitorial services for the Administrative Offices of the Tourist Development Council, for an amount not to exceed $3,648.00, Fiscal Year 1995, Two Penny, Administrative. Board granted approval and authorized execution of a Funding Agreement between Monroe County and The Redbone, Inc., covering the Mariner Outboard Baybone, October 6-8, 1995, for an amount not to exceed $6,500.00, Fiscal Year 1995, Two Penny, allocated under the Fishing Umbrella. Board granted approval and authorized execution of an 95/78 Addendum to the Agreement between Monroe County and stuart Newman Associates covering the addition of the Film Commissioner's Aide (Monroe County)/stringer for the Lower Keys and Key West, in an amount not to exceed $41,000.00, Fiscal Year 1995, Two Penny, Sales and Marketing Budget. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Islamorada All- Tackle Bonefish Tournament covering the Islamorada Bonefish Tournament, October 9 - 13, 1995, for an amount not to exceed $1,500.00, Fiscal Year 1995, Two Penny, allocated under the Fishing Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Sloppy Joe's/Galleon Marina covering the Sloppy Joe's/Galleon Marina Fish Round-Up, October 12-15, 1995, for an amount not to exceed $6,500.00, Fiscal Year 1995, Two Penny, allocated under the Fishing Umbrella. Board granted approval and authorized execution of an Agreement between Monroe County and Prompt Courier Service to provide pickup and delivery services on behalf of the Administrative Office of the TDC to the main post office and other County government offices as required, for an amount not to exceed $2,100.00, Fiscal Year 1995, Two Penny, Administrative. CONSTRUCTION MANAGEMENT Board granted approval and authorized execution of Change Order No. 1 to Lower Matecumbe Roads II to include the following roads in the project: Biscayne Blvd., Court Contessa, Madeira Court, Porto vista Court, Lisbon Court and Buena vista Court. COMMISSIONERS' ITEMS Board adopted the following Resolution opposing the closure of the Islamorada Division of Driver Licenses Office. RESOLUTION NO. 103-1995 See Res. Book No. 125, which is incorporated herein by reference. Board granted approval of a request from Key Largo Elementary School for Monroe County to pay for half the cost of a new gate at their new ball field. Appropriation to come from contingency funds, in an amount not to exceed $400.00. Board granted approval of Commissioner Douglass' appointment of William Quinn to the Florida Keys Council for the 95/79 Handicapped. Board granted approval of the Public Official Bond for County Commissioner Keith L. Douglass. Board granted approval to close the 7-Mile Bridge on April 22, 1995 from 7:30 a.m. to 9:00 a.m. for the annual Marathon Runner's Club 7-Mile Bridge Run. COUNTY ADMINISTRATOR Board granted approval of a proposal for Keys Entertainment, Inc., to provide programming to Monroe County's Channel 16. Board granted approval of the following appointments to the Older American Advisory Board: Chairperson Vice Chairman Secretary Louis Schwartz Henry Hughes Rose Diezel Board Members Alice Hassett, Tavernier John Dolata, Key Colony Beach Bessie Fredericks, Big pine Key Jim Williams, Marathon Vera Burrell, Big pine Key Ken White, Marathon Charles Kamper, Key West Mel Levitt, Key West Joan Cutler, Key Largo Lillian Krom, Big pine Key Eva E. Steinka, Key Largo Rusty Maffei, Marathon Blanche Wise, Big Pine Key John D. White, Tavernier Henry Hughes, Key West Rita Morabito, Marathon - Alternate DIVISION OF MANAGEMENT SERVICES Board adopted the following Ordinance declaring that an emergency exists and waiving notice by a four-fifth's vote; amending Section 2-458(9), Monroe County Code, concerning the Monroe County Risk Management Program, by amending Subsection (D) thereof to modify the risks to remain separately insured and non- participatory with respect to the Sheriff's Department; providing for severability; providing for the repeal of ordinances 95/80 inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. ORDINANCE 011-1995 See Ord. Book No. 35, which is incorporated herein by reference. Board granted approval of Award of Loan to TIB Bank of the Keys, concerning funding for the Jolly Roger Estates Municipal Service Culvert District, in the sum of $12,000.00 together with interest thereon at the rate of 6.70% per annum in fiscal year 1995-1996 and authorized execution of a Promissory Note and Tax Anticipation Warrant. Board granted approval of Award of Loan to TIB Bank of the Keys, concerning funding for Cudjoe Gardens Municipal Service Culvert District, in the sum of $22,000.00 together with interest thereon at the rate of 6.70% per annum in fiscal year 1995-1996 and authorized execution of a Promissory Note and Tax Anticipation Warrant. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Community Affairs, FY 95 community Services Block Grant Program, to provide for a Teacher's Aide at the Grace Jones Day Care Center. RESOLUTION NO. 104-1995 See Res. Book No. 125, which is incorporated herein by reference. Board authorized the payment of $37,500.00 renewal premium for Radio/TV Communication Policy to Lexington Insurance Company. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici, in the amount of $l,lOO.OO; Leslie Morgan, in the amount of $300.00; David Nathanson, in the amount of $1,050.00; Care Center for Mental Health, in the amount of $l,OOO.OO; and Deborah Harrison, in the amount of $300.00. COURT APPOINTED ATTORNEY'S, Cunningham, Albritton & Miller, P.A., in the amount of $510.00; Charles Everett, in the amount of $1,742.50; Timothy Thomes, in the amount of $350.00; Jason Smith, in the amount of $9,027.50; Diane Tolbert-Covan, in 95/81 the amount of $4,090.50; Candida Cobb, in the amount of $350.00; William Kuypers, in the amount of $1,642.50; John Rotolo, in the amount of $1,383.75; Charles Milligan, in the amount of $1,257.25; Manuel Garcia, in the amount of $2,507.50; Stephen Isherwood, in the amount of $980.86; Roberta Fine, in the amount of $4,498.54; Horan, Horan & Esquinaldo, in the amount of $2,196.35; and Jeffrey Meyer, in the amount of $685.00. COURT REPORTERS, Associated Court Reporting, in the amount of $2,657.25; Florida Keys Reporting, in the amount of $1,221.75; Lisa Roeser, 10,278.50; Law's Reporting, in the amount of $62.50; Kathleen Fegers, in the amount of $732.75; Nancy Maleske, in the amount of $518.75; Amy Landry, in the amount of $37.50; Havershaw Reporting Service, in the amount of $142.50; Linda McGill, in the amount of $229.50; and Hill Reporting Service, in the amount of $8l5.25. EXPERT WITNESS FEES, Mechanical Consulting & Service, in the amount of $1,000.00; Forensic Automobile Investigations, in the amount of $5,990.85; James Stratton, in the amount of $1,271.00; Care Center for Mental Health (Forensic), in the amount of $250.00; and Fred Covan, in the amount of $1,725.00. OTHER EXPENSES, Louis Spallone, in the amount of $2,500.00; and witness Lodging, in the amount of $428.88. COURT INTERPRETERS, Loan Fernandez, in the amount of $25.00; Ghislaine Mangrella, in the amount of 35.00; Mayda Maloney, in the amount of $25.00; Veronica Peace, in the amount of $40.00; J.R. Alayon, in the amount of $590.00; Eva Carbone, in the amount of $155.00; Jose Menendez, in the amount of $1,085.00; Jose Estevez, in the amount of $l40.00; and William Waddell, in the amount of $415.00. TRAVEL EXPENSES, witness Travel, in the amount of $l,004.84. REGULAR WITNESS FEES, witness Payroll, in the amount of $256.87. COURT INTERPRETERS, Ghislaine Mangrella, in the amount of $40.00; Lena Allen, in the amount of $25.00; Jean Claude pierre $30.00; Marek Strossin, in the amount of $155.00; Jose Estevez, in the amount of $60.00; Eva Carbone, in the amount of $335.00; J. R. Alayon, in the amount of $405.00; Jose Menendez, in the amount of $690.00, William Waddell, in the amount of $350.00. WARRANTS Board approved the following Warrants: 95/82 COMMUNITY DEVELOPMENT BLOCK GRANT (100), #101-#105, in the amount of $63,542.59 SUPPLEMENT TO GENERAL REVENUE FUND (002), #567-#570, in the amount of $116,832.99 FINE' FORFEITURE FUND (101), #1564-#1575, in the amount of $2,478,839.31 ROAD AND BRIDGE OPERATING (102), #874-#877, in the amount of $291,371.14 LAW LIBRARY FUND (103), #482-483, in the amount of $366.33 TOURIST DEVELOPMENT COUNCIL (l07-111, 116-121), #931- #935, in the amount of $1,033,092.48 FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #201-#204, in the amount of $568,6l8.38 MSD TAXING DISTRICTS (145,146,141), #840-#843, in the amount of $377,767.58 TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #520-#523, in the amount of $34,857.l9 UPPER KEYS TRAUMA DISTRICT (144), #265-#268, in the amount of $177,489.81 PLANNING,BUILDING,' CODE ENFORCEMENT/ PARKS' BEACHES UNINCORPORATED (147,l48) #550-#553, in the amount of $457,886.45 $4,999.65 VENETIAN SHORES SPEC RD DIST , DUCK KEY SECURITY (149/152), #0086, in the amount of MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1044-1045, in the amount of $l8,752.67 COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304), #780-#784, in the amount of $812,420.77 SALES TAX BOND ANTICIPATION NOTE (305), #221-#225, in the amount of $40,116.84 CARD SOUND BRIDGE FUND (401), #590-#593, in the amount of $44,551.32 AIRPORT OPERATION' MAINTENANCE FUND (403/404), #935- 95/83 940, in the amount of $114,520.11 MSD PLEDGED FUNDS (414), #445-#448, in the amount of $1,494,201.37 WORKERS COMPENSATION FUND (501), #4l03-#4106, in the amount of $73,723.97 MONROE COUNTY GROUP INS FUND (502), #723-#729, in the amount of $540,606.39 RISK MANAGEMENT FUND , FLEET MANAGEMENT FUND (503/504), #349-#352, in the amount of $139,074.05 FL TRUST FUND (600,601), #1099, in the amount of $17,493.03 Board granted approval and authorized removal of the following surplus property from inventory: Description County ID # One (1) Tub desk for microfiche One (l) Secretary desk w/right return 0202-98 0204-107 Motion carried unanimously. SPECIAL PROGRAMS/MONROE COUNTY HOUSING AUTHORITY Board granted approval of the State Housing Initiative Partnership Local Housing Assistance Plan for FY 1995-1996, 1996- 1997, 1997-1998. Board adopted the following Resolution approving Monroe County's state Housing Initiative Partnership Local Housing Assistance Plan for Fiscal Years 1995-1996, 1996-1997, and 1997- 1998 and other required approvals. RESOLUTION NO. 105-1995 See Res. Book No. 125, which is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS/CONSENT AGENDA Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting approval of the delegation of 95/84 authority to review renovations at Pigeon Key to the County Administrator. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of the request for conceptual approval of the rehabilitation of the section Gang Quarters building on Pigeon Key, as proposed by the Pigeon Key Foundation. Motion carried unanimously. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval to amend the 7 Year Roadway/Bicycle Path Plan. Motion carried unanimously. Public Facilities Maintenance Director, Carlos Zarate, addressed the Board concerning the execution of a one (1) year Lease Agreement between Monroe County and Mike Lawson to reside in the trailer located on Sombrero Beach to help ensure security. Motion was made by Commissoner London and seconded by Commissioner Reich requesting that in the future all similar leases and renewals reflect the tenant paying the cost of all utilities. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Attorney Bob Apgar, addressed the Board concerning the Comprehensive Land Use Plan hearings. He estimated that an additional $50,000.00 in legal fees would be required to cover the balance of the hearings. Growth Management Director, Bob Herman, addressed the Board and introduced Mr. Jack Teague of the Department of Health and Rehabilitative Services who is taking over Mr. Homer Rhodes position. Mr. Teague briefly addressed the Board. An update on legal issues was presented by Special Litigation Council, James T. Hendrick. Mr. Hendrick discussed the Kev West citizen litigation concerning the award of the bid for the publication of the Delinquent Tax Roll and indicated that a settlement of the case was eminent and that he would come back before the Board with details of the settlement. Mr. Hendrick discussed the continuing Holiday Isle Code Enforcement litigation case. During discussion, motion was made by Commissioner London and seconded by Commissioner Harvey granting approval of Mr. Hendrick's recommendation to pursue a policy of sending some code enforcement cases directly to County Court. Motion carried unanimously. Mr. Hendrick discussed a suit filed against the County concerning the awarding of an exclusive franchise for taxi service at the Marathon Airport and suggested that any approval of such a franchise be subject to the outcome of that litigation. 95/85 Mr. Hendrick briefly discussed the Shaddick case. Mr. Hendrick advised the Board that the decision of the New Port Largo case had been appealed and that Monroe County had filed a motion for costs in the amount of approximately $50,000.00. Mr. Herman addressed the Board. Planning Director, Lorenzo Aghemo presented the Monroe County Public Facility Assessment/Capacity Report for 1994 and addressed the Board concerning the report. Mr. Aghemo indicated that the results of the report would require an immediate moratorium of any construction which added additional traffic impacts on u.s. #1. Mr. John Zeeger of Barton-Aschman Associates, Inc., Traffic Consultants, addressed the Board. Servando Parapar of the Florida Department of Transportation, District VI, addressed the Board. Mr. Hendrick addressed the Board. The following individuals also addressed the Board: Jack Watson of the Big pine Key Volunteer Fire Department, Debra Harrison of the Wilderness Society, Dagny Johnson of the Upper Key citizen's Association, Bettye Chaplin, and Eugene Shinkevich. Motion was made by Commissioner Harvey and seconded by Commissioner London to adopt the following Resolution directed to the Legislative Delegation to request their help with the Florida Department of Transportation and the Florida Department of Community Affairs concerning the problem on Big pine Key. Motion carried unanimously. RESOLUTION NO. 106-1995 See Res. Book No. 125 which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commissioner Harvey to adopt the following Resolution directed to the Sheriff of Monroe County requesting that he enforce the "No Parking Areas" and assist with traffic problems at the Flea Market on Big pine Key. Deputy Sheriff Wilkinson addressed the Board. Motion carried unanimously. RESOLUTION NO. 107-1995 See Res. Book No. 125 which is incorporated herein by reference. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of the Annual Assessment of Public Facility Capacity for 1994. Motion carried unanimously. Mr. Hendrick addressed the Board concerning an agreement reached between the Key West Citizen, the County, and 95/86 the Upper Kevs Reporter concerning the litigation relative to the award of the bid for publication of the delinquent tax rolls. He advised the Board that a Stipulated Settlement would provide that the current Award of Bid be vacated and that the matter would be re-bid, the notice requirements of the Monroe County Purchasing Policies and Procedures would be waived, sealed bids would be opened on March 16th and acted upon by the Board of County Commissioners, and that there would be no specifically required publication day. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting approval of the proposed Stipulated Settlement Agreement as outlined by Mr. Hendrick. Motion carried unanimously. Billy Causey, Superintendent of the Florida Keys National Marine Sanctuary made a presentation to the Board concerning the pending release of the Draft Management Plan for the Sanctuary. The following individuals addressed the Board: David Holz of the Center for Marine Conservation, Betty Chaplin, Jay Usher of Discovery International, Michele Wells Usher of the Conch Coalition, Warren Tinnesz, Taras Lyssenko, Dan A. Yeider, Lisa Furstenwerth, and Betty Vail. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioners Mickey Feiner, Hal Halenza, Mary Kay Reich, Jack London, and Chairman Keith Douglass. Motion was made by Commissioner London and seconded by Commissioner Feiner to adopt the following Resolution superseding Resolution No. 092-1994, and adopting an amended fee schedule for use by the special taking district for providing ambulance services. Motion carried unanimously. RESOLUTION NO. 108-1995 See Res. Book No. 125 which is incorporated herein by reference. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. 95/87 A presentation was made by Jim Smith, of the South Florida Water Management District. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval and authorizing execution of a Lease for the Tavernier Public Health Unit, subject to the County Attorney's approval. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of an Interlocal Agreement between Monroe County and the City of Key West to provide beach cleaning services and sand for Smathers Beach in an amount not to exceed $68,594.00 from Fiscal Year 1995, Third Penny, DAC I. Motion carried unanimously. SOUNDING BOARD Dennis McDermit, William Schachter, and Dagny Johnson of the Upper Keys citizen's Association addressed the Board concerning the designee(s) on the Port Largo Community Park design committee - Key Largo Chamber of Commerce. This matter was referred to the County Administrator. DIVISION OF PUBLIC WORKS County Engineer, Dave Koppel, and Commissioner Harvey discussed proposed road improvements to Ocean Reef Shores, Key Largo. Dagny Johnson of the Upper Keys citizens Association, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to proceed with the paving of the road. Motion carried unanimously. County Administrator, James Roberts, and Risk Manager, Donna Perez reported on Pollution Liability coverage. No official action was taken. COMMISSIONERS' ITEMS commissioner Harvey gave a report on the successful efforts of the Base Realignment And Closure Commission (BRAC). Betty Vail addressed the Board. commissioner Harvey excused herself from the meeting. Revision 95/88 MISCELLANEOUS BULK APPROVALS Community services Director, Peter Horton, and Marathon Airport Manager, Jim Shimkus, addressed the Board concerning the approval of a Transportation Franchise Agreement between Monroe County and Florida Keys Taxi Dispatch to provide taxi service at the Marathon Airport. The following individuals also addressed the Board: Walter Davenport of Island Taxi, Charles Pierce, Attorney Erol Vural, representing Action Taxi, Darren Guttman, John Rolli of Florida Keys Taxi Dispatch, and Donald Parmenter, of Action Express Taxi. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of the item contingent upon the successful termination of the pending litigation concerning the County's ability to regulate taxi cabs at the Marathon Airport. Motion carried unanimously, with Commissioner Harvey not present. Mr. Horton addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Reich granting approval and authorizing execution of an Agreement between Monroe County and AKH Water Management to operate and maintain the sewage treatment plant at the Marathon Airport. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to adopt the following Resolution granting approval for the filing of a grant application with Florida Department of Environmental Protection, Boating Improvement Fund, and directing the execution of same by the proper authorities for the emergency removal of DV091855i and execution of a Contract between Monroe County and Spirit Marine Towing and Assistance for the emergency removal of DV091855. Motion carried unanimously, with Commissioner Harvey not present. RESOLUTION NO. 109-1995 See Res. Book No. 125 which is incorporated herein by reference. items: County Attorney, Randy Ludacer, discussed the following Approval of Change Order No. 24-002-019 to Douglas N. Higgins Construction's Contract No. MA-002, Sitework, for the ~ Marathon Airport in the increased amount of $6,147.29. Reduction in the contract retainage amount for Roma Construction, Inc., terminal building contractor on the Marathon * Airport project. Approval of Change Order No. 24-001-019 to Roma Construction's Contract No. MA-001, Terminal Building, for the Marathon Airport in the increased amount of $4,898.00 and an increase in the contract time of (10) days. 95/89 Approval of Change Order No. 24-001-018 to Roma Construction's Contract No. MA-001, Terminal Building, for the Marathon Airport in the increased amount of $7,814.00 and an increase in the contract time of (10) days. Approval of Change Order No. 24-001-017 to Roma Construction's Contract No. MA-001, Terminal Building, for the Marathon Airport, in the increased amount of $8,406.00 and an increase in the contract time of (14) days. Motion was made by Commissioner Douglass and seconded by Commissioner Reich granting approval of the above items. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Reich Yes Mayor pro tern London No Motion carried. Motion was made by Commissioner Douglass and seconded by Commissioner London granting approval of the Revision of Library Policies on Free Publications and Video Take Out, with the amendment that 6th through 12th graders be allowed to check- out videos with permission of their parents. Motion carried unanimously, Commissioner Harvey not present. Mr. Horton addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to postpone the approval to declare foreclosed property to be surplus in order to advertise and sell. Ref. CEB U9-90-717 & U5- 91-301, and refer to the Parks and Recreation Board. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval to remove the following surplus property from the Fire Marshall's inventory and advertise for sealed bids with a minimum bid of $5,000 per vehicle: Description County ID# (3) 1962 Ford Howe Pumpers 3210-11 3210A-2 3210B-4 Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to adopt the following Resolutions concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 110-1995 95/90 RESOLUTION NO. 111-1995 RESOLUTION NO. 112-1995 RESOLUTION NO. 113-1995 RESOLUTION NO. 114-1995 RESOLUTION NO. 115-1995 RESOLUTION NO. 116-1995 RESOLUTION NO. 117-1995 RESOLUTION NO. 118-1995 RESOLUTION NO. 119-1995 RESOLUTION NO. 120-1995 See Res. Book No. 125 which is incorporated herein by reference. Motion carried unanimously, with commissioner Harvey not present. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval to advertise a Public Hearing for April 18, 1995, at 5:05 P.M. at Key West Holiday Inn Beachside regarding a Budget Amendment for the Translator Budget Fund #142. Motion carried unanimously, with Commissioner Harvey not present. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, and Commissioner Douglass discussed the Marine and Port Advisory ad hoc Committee meeting. Mr. Herman advised the Board that FEMA was in the process of establishing new rules that would allow bathrooms below base flood elevation under certain circumstances and conditions with restrictions. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval to advertise an ordinance amending section 6-42, Monroe County Code, providing for a waiver of building fees for non-profit corporate applicants building low-income housing; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe Code; and providing an effective date. Motion carried unanimously, with Commissioner Harvey not present. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Resolution requiring that all new, habitable buildings of 2000 square feet or greater constructed for use by Monroe County be constructed to withstand a Category Five Hurricane. Motion carried unanimously, with Commissioner Harvey not present. RESOLUTION NO. 121-1995 95/91 See Res. Book No. 125 which is incorporated herein by reference. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to postpone the permit application for an Artificial Reef Project near Dixie Shoal, Key Largo, Florida. Motion carried unanimously, with commissioner Harvey not present. Mr. Herman discussed the contract between Monroe County and the Florida Department of Environmental Protection for assistance in the development of the County's Sewage Master Plan. commissioner Douglass discussed a request for flood elevation variance for Patrick Langley. Mr. Herman addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Reich granting approval of the flood elevation variance. Motion carried unanimously, with Commissioner Harvey not present. County Attorney, Randy Ludacer, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval to approve TDC funding of a cost of a reception at the Marathon Airport for Airport Appreciation Day in an amount not to exceed $1,500.00 subject to TDC approval. Motion carried unanimously, with Commissioner Harvey not present. DIVISION OF PUBLIC SAFETY Public Safety Director, Reggie Paros, addressed the Board concerning the Notice of Termination of Contract Agreement between the Board of County Commissioners, Monroe County, Florida and Tavernier Volunteer Fire Department and Ambulance Corps, Inc., concerning Emergency Medical Services (EMS) in Municipal Services Taxing District 5, effective April 30, 1995. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval of the creation of seven (7) new positions - four (4) Paramedics and three (3) EMT's. Motion carried unanimously, with Commissioner Harvey not present. DIVISION OF COMMUNITY SERVICES Community Services Director, Peter Horton, reported on the civil Air Patrol's request for funding from Monroe County. Marathon Airport Manager, Jim Shimkus, addressed the Board concerning the adoption of a Ground Transportation Resolution for the Marathon Airport. Motion was made by Commissioner London and seconded by Commissioner Douglass to strike section 10 - Temporary limousine permits. Motion carried unanimously, with Commissioner Harvey not present. 95/92 Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Resolution, as amended, which provides for the regulation of parking taxis, limousines, courtesy vehicles, buses, other passenger vehicles for hire at the Marathon Airport, Providing for permits and fees for those permits, providing for penalties; and providing an effective date. Motion carried unanimously, with Commissioner Harvey not present. RESOLUTION NO. 122-1995 See Res. Book No. 125 which is incorporated herein by reference. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of a Preliminary/Letter Contract between Monroe County and the South Florida Employment Training and Employment Council of South Florida for Title IIB Summer Youth Employment and Training Program. Motion carried unanimously, with Commissioner Harvey not present. DIVISION OF PUBLIC SAFETY County Engineer, Dave Koppel, advised the Board that Public Works Director, Dent pierce's wife had delivered a baby boy Charles Dent Pierce, Jr., weighing 10 pounds 14 1/2 ounces. commissioner London discussed the new motor sports complex in Homestead and its' possible use by the Ecurie vitesse Sports Car Club. DIVISION OF ENVIRONMENTAL MANAGEMENT Environmental Management Director, Barry Boldissar, discussed scrap metal recycling and the cost of providing in- house services for that activity. Mr. Boldissar addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval to enter and authorizing execution of an Agreement between Monroe County and Wheelabrator Clean Water Systems, Inc., for the removal and disposal of septage and biosolids generated in Monroe County. Motion carried unanimously, with Commissioner Harvey not present. COUNTY CLERK Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of an Interlocal Agreement between Monroe County and the Fine Arts Council of Monroe County for payment of the salary of the 95/93 secretary to the Council. Motion carried unanimously, with Commissioner Harvey not present. SHERIFF'S DEPARTMENT Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of the following expenditure of funds from the Law Enforcement Trust Fund in the total amount of $6505.50: Purchase of a dance hall lighting system for the Marathon Recreation Center $1415.50 Prepare and print bicycle safety brochures 90.00 Purchase of two high quality laptop computers for the Professional standards unit 4000.00 start up money for the Florida Commission on Law Enforcement Accreditation 1000.00 There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ~~e. ~~ ,/ Deputy Clerk