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07/18/1995 Regular 95/208 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMKISSIONERS Regular Meeting Board of County Commissioners Tuesday, July 18, 1995 Key West A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Holiday Inn Beachside. Present and answering to roll call were Commissioners Keith Douglass, Wilhelmina Harvey, Mary Kay Reich, Jack London and Mayor Shirley Freeman. Also present were Danny L. KOlhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James T. Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Employee of the Month Award for March, 1995, was presented to Thomas Burchfield of the Public Safety Department. Employee of the Month Award for April, 1995, was presented to Donna Perez of the Management Services Division. Proclamation was presented proclaiming the month of July, 1995, as Monroe County Public Health Unit Immunization Outreach Campaign Month. Proclamation was presented proclaiming July 23 - 29, 1995, as Reef Awareness Week in Monroe County. Proclamation was presented proclaiming the United Nations' 50th Anniversary in 1995, and encouraging all appropriate groups, organizations and institutions to incorporate units of study, coursework, and activities about the United Nations. Proclamation was presented in recognition of the Key 95/209 West High School State Champions and National Ranked Baseball Teams. Proclamation was presented to Benjamin Franklin Rogers as Honorary Mayor of Broad Key. BULK APPROVALS/CONSENT AGENDA Motion was made by Commissioner Reich and seconded by Commissioner London granting approval of the following items by unanimous consent: Board adopted the following Resolution authorizing the sUbmission of a Grant Application to the Florida Communities Trust Area of Critical State Concern Program to provide funds for a Land Acquisition Program to secure additional acreage for the use and development of resource and activity-based neighborhood and community parks. RESOLUTION NO. 235-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolution authorizing the sUbmission of a grant application on behalf of the Monroe County School Board to the Florida Communities Trust Area of Critical State Concern Program to provide funds for a Land Acquisition Program to secure acreage for open space and recreation. RESOLUTION NO. 236-1995 See Res. Book No. 127, which is incorporated herein by reference. Board granted approval to advertise an Ordinance adopting the 1995 edition of the Monroe County Electrical Code Supplement as the Code Supplement applicable in the unincorporated areas of Monroe County. Board granted approval of the dissolution of the Citizens Advisory Council on Boating Management. BULK APPROVALS Board adopted the following Resolution authorizing Michael J. Lawn to execute, on behalf of Monroe County, Satisfactions of Lien relating to the special assessment for Solid Waste Collection and Disposal. RESOLUTION NO. 237-1995 See Res. Book No. 127, which is incorporated herein by reference. Board granted approval to designate David Koppel, 95/210 Monroe County Engineer, as Engineer of Record for the Cudjoe Key, Long Key and Key Largo Sanitary Landfill Closure/post Closure Projects. Board adopted the following Resolution authorizing the Mayor to sign, on behalf of Monroe County, a Consent to the Assignment of the September 29, 1993 Contract with Chemical Waste Management to Advanced Environmental Technical Services. RESOLUTION NO. 238-1995 See Res. Book No. 127, which is incorporated herein by reference. Board granted approval to extend the contract between Monroe County and Miami Elevator company, on a month-to-month basis until October 19, 1995, to allow for the inspection and maintenance of the elevators located in the Marathon Government Center and the Clerk's Records Storage Facility. Board granted approval to advertise for sealed bids for elevator inspection and maintenance of sixteen elevators at various County facilities. Board granted approval and authorized execution of an Addendum to the Lease Agreement between Monroe County and William Mobile Offices (The Scotsman Group, Inc.), extending the rental for an additional thirty six months for a trailer located at the Plantation Key Sheriff's sub-station, in the amount of $485.10 per month. Board granted approval and authorized execution of a Contract between Monroe County and Crimebuster, Inc., d/b/a National Security Alarm Company/NASA, to provide alarm system annual certification and maintenance of twelve (12) alarm systems. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds under the Local Option Gas Tax Fund #102. RESOLUTION NO. 239-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds under the Local Option Gas Tax Fund #102. RESOLUTION NO. 240-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of a Grant Application to the Florida Department of Health and Rehabilitative Services, Office of Emergency Medical Services, to fund the acquisition of medical/rescue equipment and 95/211 directing the execution of same by the proper county authorities. RESOLUTION NO. 241-1995 See Res. Book No. 127, which is incorporated herein by reference. 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 repair of Channel Marker #15 in Tavernier Creek. Board also granted approval and authorized execution of a Contract between Monroe County and ASAP Marine Contractors for the emergency repair of Channel Marker #15 in Tavernier Creek, in the amount of $1,920.00. RESOLUTION NO. 242-1995 See Res. Book No. 127, which is incorporated herein by reference. 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 #13 in Windley Key Channel, in the amount of $1,325.00. Board also granted approval and authorized execution of a Contract between Monroe County and ASAP Marine Contractors for the emergency repair of Channel Marker #13 in Windley Key Channel, in the amount of $1,325.00. RESOLUTION NO. 243-1995 See Res. Book No. 127, which is incorporated herein by reference. Board granted approval and authorized execution of Amendment #1 to Contract No. KG-551 between Monroe County and The Alliance For Aging, Inc. This Amendment increases the funding allocation for Older American Act Funds for 1995 in the amount of $9,834.00. Specifically, Title IIID (Homemaker Services) in the amount of $9,705.00 and Title IIIF (Nutrition Program) in the amount of $129.00. Board granted approval and authorized execution of an amendment to Contract between Monroe County and the South Florida Employment and Training Consortium for Title lIB Summer Youth Employment and Training Program. This amended agreement increases numbers of youth to be served from 50 to 77. Board granted approval to terminate a Joint Participation Agreement with the Florida Department of Transportation for an Environmental Impact Statement at the Key West International Airport. Board adopted the following Resolution authorizing the submission of a Grant Application to the State of Florida 95/212 Emergency Medical Services Grant Program to provide funding for CPR training equipment. RESOLUTION NO. 244-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolution authorizing the Transfer of Funds for Fiscal Year 1995. RESOLUTION NO. 245-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 211-1995. RESOLUTION NO. 246-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for Fiscal Year 1995. RESOLUTION NO. 247-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for Fiscal Year 1995. RESOLUTION NO. 248-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds for Fiscal Year 1995. RESOLUTION NO. 249-1995 RESOLUTION NO. 250-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds for Fiscal Year 1995. RESOLUTION NO. 251-1995 RESOLUTION NO. 252-1995 RESOLUTION NO. 253-1995 RESOLUTION NO. 254-1995 RESOLUTION NO. 255-1995 See Res. Book No. 127, which is incorporated herein by reference. Board granted approval and authorized execution of a Lease Extension between Monroe County and Wayne and Susan Rice and Hawks Cay Investors, for rental of Apartment No. 10, Indies Island Condominium, Duck Key, for a total cost of $4,500.00. 95/212A Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 245A-1995 See Res. Book No. 127 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 245B-1995 See Res. Book No. 127 which is incorporated herein by reference. 95/213 Board granted approval and authorized execution of an Amendment to the Small Business Administration's Tree Planting Program Grant Agreement No. 44, providing for a time extension on the completion date for the landscaping at Bernstein Park. Board granted approval and authorized the Mayor to execute a Bill of Sale and Power of Attorney for one 1989 Mack Dump Truck, County I.D. #0940-206. This vehicle was involved in an accident and deemed a total loss. A check in the amount of $42,572.67 was received for replacement of this vehicle. Board authorized acceptance of Airport Liability Insurance renewal proposal from Associated Aviation Underwriters Association, effective July 27, 1995-96, at an annual cost of $42,464.00. Board adopted the following Resolution rescinding Resolution No. 193-1995 and approving acceptance of a Corrective Quit Claim Deed dated the 29th day of June, 1995, from Safe Harbor Enterprises, Inc., a Florida Corporation, to the Board of County Commissioners of Monroe County, to ameliorate the inaccessibility problems with regard to Bernstein Park, directing the Clerk to record same, and further directing the Monroe County Public Works Department to undertake the improvement and maintenance of said road bed. RESOLUTION NO. 256-1995 See Res. Book No. 127, which is incorporated herein by reference. Board granted approval for the Duck Key Security District to expend monies from unencumbered security budget funds for installation of hurricane storm shutters. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds for Fiscal Year 1995. RESOLUTION NO. 257-1995 See Res. Book No. 127, which is incorporated herein by reference. Board granted approval to accept a proposal from Sedgwick James of Florida, Inc., to provide property insurance, including full excess windstorm, at an annual premium of $212,000.00, effective 8/1/95. Board adopted the following Resolution calling for a Referendum to be held on October 3, 1995, for the purpose of sUbmitting to the electors of Monroe County a question regarding the levy by the School Board of a discretionary sales surtax of one-half cent. RESOLUTION NO. 258-1995 See Res. Book No. 127, which is incorporated herein by reference. 95/214 TOURIST DEVELOPMENT COUNCIL Board granted approval of a standard agreement to be utilized in the funding of Cultural Umbrella events. Board granted approval of a standard agreement to be utilized in the funding of Fishing Umbrella events. Board granted approval of a standard agreement to be utilized in the funding of Turnkey Events. Board adopted the following Resolution waiving a prohibition against conflict of interest for Eileen Mason as a member of the Board of Directors of the Islamorada Chamber of Commerce serving as District IV Advisory Committee Member whose Chamber is funded by the Monroe County Tourist Development Council (MCTDC) to provide telephone and tourist information services to the MCTDC. RESOLUTION NO. 259-1995 See Res. Book No. 127, which is incorporated herein by reference. COMMISSIONERS' ITEMS Board instructed the County Administrator to initiate discussion for the procurement of excess military property better known as the "Old Hawk Missile Base" for Monroe County, and to immediately initiate a $1.00 a year lease to Monroe County until the purchase is finalized. Board adopted the following Resolution authorizing the Florida Marine Patrol or wildlife rescue volunteers to contact the County Animal Control or Pollution Control departments for the disposal of dead sea turtles once it is determined the turtles are not needed for further study. Note: No resolution number is assigned to this Resolution as it is reconsidered later in the meeting. Board granted approval of Commissioner London's reappointment of Vince Taporowski to the Tourist Development Council. Board granted approval of Commissioner Harvey's reappointment of Louis Swartz to the Health and Human Services Advisory Board. COUNTY CLERK FINES AND FORFEITURES 95/215 Board approved the following Fine and Forfeiture Expenditures: COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici, in the amount of $650.00; Guidance Clinic of the Middle Keys, in the amount of $300.00; Deborah Harrison, in the amount of $1,345.20. COURT APPOINTED ATTORNEY'S, Charles Everett, in the amount of $4,233.50; Michael L. Crimella, in the amount of $487.50; Timothy Thomes, in the amount of $350.00; Erol Vural, in the amount of $734.50; Marci Rose, in the amount of $2,206.25; Roberta S. Fine, in the amount of $827.75; Dennis Fitzpatrick, in the amount of $240.00. OTHER EXPENSES, Louis Spallone, in the amount of $4,750.00; witness Lodging, in the amount of $284.00; David Burns Investigations $807.50. COURT REPORTERS, Associated Court Reporting, in the amount of $3,739.25; Florida Keys Reporting, in the amount of $419.75; Lisa Roeser, in the amount of $11,118.25; Soon Schunot $121.50; Kathleen Fegers, in the amount of $3,704.50; Nancy Maleski, in the amount of $257.50; Amy Landry, in the amount of $27.00; Hill reporting Service, in the amount of $1,106.00; Edmee Prat, in the amount of $185.25; Nichols & Hardy, in the amount of $45.00; Sylvia Evans Court Reporting, in the amount of $178.50. EXTRADITION, Richard Roth, in the amount of $4,508.70. COURT INTERPRETERS, Eduardo Silva, in the amount of $25.00; J.R. Alayon, in the amount of $395.00; Florida Keys International, in the amount of $140.00; Eva Carbone, in the amount of $60.00; Jose Menendez, in the amount of $625.00; Jose M. Estevez, in the amount of $95.00; William Waddell, in the amount of $250.00; Berta Green, in the amount of $75.00; Julia Seward, Rev., in the amount of $115.00. TRAVEL EXPENSES, witness Travel, in the amount of $2,288.57. REGULAR WITNESS FEES, witness Payroll, in the amount of $224.43. COUNTY CLERK Board approved the following Warrants: COMMUNITY DEVELOPMENT BLOCK GRANT (100), #119-#124, in the amount of $133,950.96 SUPPLEMENT TO GENERAL REVENUE FUND (002), #585-#589, in the 95/216 amount of $132,221.85 FINE' FORFEITURE FUND (101), #1612-#1617, in the amount of $2,904,919.73 ROAD AND BRIDGE OPERATING (102), #899-#902, in the amount of $419,377.86 LAW LIBRARY FUND (103), #492-#494, in the amount of $1,466.13 TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #950-#953, in the amount of $661,679.74 FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #212, in the amount of $22,849.61 CROSS KEY WATERWAY (140), #077, IN THE AMOUNT OF $20.00 MSD TAXING DISTRICTS (145,146,141), #857-#860, in the amount of $336,492.55 TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #536,37 & #539, in the amount of $32,376.18 UPPER KEYS TRAUMA DISTRICT (144), #282-#285, in the amount of $32,279.38 PLANNING,BUILDING,' CODE ENFORCEMENT I PARKS' BEACHES UNINCORPORATED (147,148) #569,71-#573, in the amount of $445,483.36 VENETIAN SHORES SPEC RD DIST , DUCK KEY SECURITY (149/152), #0096-#0098, in the amount of $5,057.98 MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1057-1062, in the amount of $93,006.58 COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304), #802-#805, in the amount of $665,857.08 SALES TAX BOND ANTICIPATION NOTE (305), #230, in the amount of $3,508.70 CARD SOUND BRIDGE FUND (401), #608-#611, in the amount of $61,219.55 AIRPORT OPERATION' MAINTENANCE FUND (403/404), #956-961, in the amount of $223,921.70 95/217 MSD PLEDGED FUNDS (414), #465-#468, in the amount of $1,554,446.50 WORKERS COMPENSATION FUND (501), #4301-#4305, in the amount of $55,275.93 GENERAL REVENUE FUND (001), #240385-242239, in the amount of $16,552,313.74 MONROE COUNTY GROUP INS FUND (502), #753-#759, in the amount of $750,785.57 RISK MANAGEMENT FUND , FLEET MANAGEMENT FUND (503/504), #366-#370, in the amount of $267,558.75 FL TRUST FUND (600,601), #1107, in the amount of $6,264.95 Board approved the County Commission Meeting Minutes of June 21 and 22, 1995. COUNTY ATTORNEY Board granted approval to advertise an Ordinance amending section 1 of Ordinance No. 002-1993 to extend the life of the winston waterways Municipal Service Taxing Unit to ten years; amending section 4(b) (2) of Ordinance No. 002-1993 to raise the maximum street construction cost to $150,000 from $101,000 and increasing the period over which non-ad valorem assessments may be spread to ten years from five years; providing for severability; providing for repeal of all ordinances inconsistent herewith' providing for inclusion into the Monroe County Code; and providing for an effective date. SHERIFF'S DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund: $500.00 to purchase exercise equipment to complete a gym in Plantation Key for use by deputies in the Upper Keys; $1,000.00 to purchase food items exclusively for use by students in the Culinary Arts Program at the Monroe County Detention Facility. SPECIAL PROJECTS/MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution approving the interim funding of the County's SHIP First Time Homeownership applicants' second mortgage using previously appropriated Land Authority funds and provide for repayment of Land Authority funds 95/218 from the SHIP Trust Fund. RESOLUTION NO. 260-1995 See Res. Book No. 127, which is incorporated herein by reference. Board adopted the following Resolution approving an appropriation of $28,000.00 from Fund 100 - Community Development Block Grant Program income for the balance of FY 94/95 (August/September) and FY 95/96 to fund first-time homeowners loan origination staffing and authorization to request an equal amount from the previously appropriated Land Authority Home Ownership Match Funds. RESOLUTION NO. 261-1995 See Res. Book No. 127, which is incorporated herein by reference. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of an alley in Key Colony Subdivision NO.1, Plat Book 3, Page 107, Marathon, Monroe County, Florida. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner London to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 262-1995 See Res. Book No. 127 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a drainage easement located on Lots 7 and 8, Block 5, Key Haven Tenth Addition, Key Haven, Monroe County, Florida. Attorney Bill spottswood, representing Robert and Grace Beacham, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 263-1995 See Res. Book No. 127 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a drainage easement located on Lot 13, Block 5, Key Haven Tenth Addition, Key Haven, Monroe County, Florida. Attorney Bill spottswood, representing Pete A. Rutskin, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner London to adopt the following Resolution. Motion carried unanimously. 95/219 RESOLUTION NO. 264-1995 See Res. Book No. 127 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance repealing Chapter 12, Monroe County Code, concerning Occupational Licenses; establishing a new occupational tax structure, etc. There was no public input. Tax Collector, Harry F. Knight, addressed the Board. Motion was made by Commissioner London and seconded by Mayor Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 022-1995 See Ord. Book No. 36 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Sec. 11-7, Monroe County Code, adding new subsection (e) providing for regulation over storage facilities for wrecker operators; Providing for revised numbering of remaining subsections, 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. Bobbie Kieber, representing the Florida Keys Tow Truckers Association, and Bill Wherman representing Key West Towing, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Ordinance as amended. Said amendment as follows: Delete Section (4) other considerations such as mav be maintained at a place place of business so lonq as as to such storage facility: If impractical because of zoninq or lack of space. storaqe facilities other than a wrecker operator's the following requirements are met and (4) (a) The storaqe facility is located within 30 miles of the wrecker operator's place of business. Motion carried unanimously. ORDINANCE NO. 023-1995 See Ord. Book No. 36 which is incorporated herein by reference. A Public Hearing was held concerning the adoption of an Ordinance amending Section 13.5-3{b), Monroe County Code, in order to allow the on-premise sale and consumption of alcoholic beverages within the restaurant and restaurant patio area at Higgs Beach County Park if authorized in the County/Restaurant lessee contract and permitted by the State and the City of Key West; Further clarifying that the prohibition on alcoholic beverages at Higgs Beach County Park may be waived by the County Commission on a per event basis for non-profit groups subject to 95/220 certain restrictions including obtaining whatever permits are required by the City of Key West and the state; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. There was no public input. Motion was made by Commissioner London and seconded by Commissioner Reich to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 024-1995 See Ord. Book No. 36 which is incorporated herein by reference. MISCELLANEOUS A presentation was made of the Error & Insolvencies Report and Recapitulation of the 1994 Tax Roll by Harry F. Knight, Tax Collector. BULK APPROVALS / CONSENT AGENDA County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Reich granting approval to seek bids to prepare a land survey of the Marr property. Motion carried unanimously. Growth Management Director,.Bob Herman gave a report on the Contractor's Examining Board. MISCELLANEOUS BULK APPROVALS Environmental Management, Assistant Division Director Michael J. Lawn, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner London granting approval and authorizing execution of Change Order No. 2 between Monroe County and TPS, Inc.'s Contract for the Recycling Building at Long Key in the increased amount of $14,754.48. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval to award proposal and enter into contract between Monroe County and Davis Analysis in the amount of $16,100.00. Motion carried unanimously. County Engineer, Dave Koppel, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Reich granting approval and authorizing execution of the following: Contract between Monroe County and TPS, Inc., for 95/221 Australian Tree Removal in the Lower Keys, in the amount of $$56,869.00. Contract between Monroe County and TPS, Inc., for Australian Tree Removal in the Middle and Upper Keys, in the amount of $43,068.00. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner London granting approval to advertise for bids for general maintenance to include mowing of grass/sod, shrubbery maintenance, irrigation, ball field maintenance, etc. at the various County parks and beaches. Motion carried unanimously. GROWTH MANAGEMENT DIVISION Presentations of the project known as "A Wastewater Facilities Plan for a Site in the Florida Keys" were conducted by representatives of the following engineering firms: Camp Dresser & McKee, Inc., CH2M Hill, and Hazen and Sawyer. After Board discussions with each of the firms, motion was made by Commissioner Harvey and seconded by Commissioner Reich to employ the firm of CH2M Hill to conduct the Wastewater Facilities Plan for a site in the Florida Keys. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Harvey Yes Commissioner London No Commissioner Reich Yes Mayor Freeman Yes Motion carried. Attorney Bob Feldman, representing Dennis Salinero addressed the Board concerning Mr. Salinero's request for a waiver of a minor conditional use application fee in the amount of $3,025 due to a Staff error in issuing a building permit for a single family residence and fence at Lot 6, Old Boca Chica Road, without required conditional use review. Motion was made by Commissioner London and seconded by Commissioner Reich granting approval of the above request. Roll call vote was unanimous. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT 95/222 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 Commissioner Freeman, Commissioner Halenza, Commissioner London and Chairman Douglass. Absent was Mayor Samuel Feiner. Motion was made by Commissioner London and seconded by Commissioner Halenza granting approval and authorizing execution of a renewal of a Contract between the Board of Governors of the Lower & Middle Keys Fire and Ambulance District, and Fire-Tech Repair Service, Inc., for maintenance of Fire/Rescue vehicles, semi-annual inspections, preventive maintenance, and unscheduled maintenance resulting from malfunction or failure. Motion carried unanimously, with Mayor Feiner not present. 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. SOUNDING BOARD County Attorney, James T. Hendrick, on behalf of Wayne LaRue Smith as President of the Monroe County Bar Association, addressed the Board concerning a request from the Bar Association for proposed Ordinance to increase the Law Library Fee. No official action was taken. Clere Filer, Richard B. Graham, Marsha Van Duren, and Glen Goff addressed the Board concerning improvements to Middle Torch Road. County Engineer, Dave Koppel, also addressed the Board. Mr. Filer presented a petition signed by nearby property owners in support of the improvement. No official action was taken. Attorney Michael R. Barnes, representing the Florida Keys Aviation Association addressed the Board concerning the Jet Center at the Marathon Airport. Mr. Hendrick discussed the matter. Dick Ramsey addressed the Board. No official action was taken. MISCELLANEOUS 95/223 Representatives from the Florida Department of Transportation made a presentation to the Board concerning the 2020 Florida Transportation Plan. The Department informed the Board of a workshop scheduled for Wednesday, July 26, 1995 from 7:00 p.m. to 9:00 p.m. at the Marathon Government Center. Jim Smith, Director of Florida Keys Service Center of the South Florida Water Management District, discussed a quarterly update of District Activities along with a District Budget Public Meeting announcement scheduled for Monday, August, 14, 1995 - 6:30 p.m. at the Monroe County Regional Service Center. DIVISION OF COMMUNITY SERVICES Community Services Director, Peter Horton and Captain Jay Munninghoff, of the Naval Air Station, addressed the Board. Mr. Hal Meyer of Greiner, Inc., presented to the Board the Draft Executive Summary for Feasibility Study and Cost Benefit Analysis of Joint Use of Boca Chica (NAS). Motion was made by Commissioner London and seconded by Commissioner Reich to begin the formal application process, per staff recommendation, for Joint Use of Boca Chica. Motion carried unanimously. Mr. Horton addressed the Board concerning the Key West International Airport Terminal. Motion was made by Commissioner Harvey and seconded by Commissioner London to remodel the existing Key West International Airport Building. After discussion, Commissioner Harvey withdrew her motion. Motion was made by Commissioner Harvey and seconded by Commissioner London directing Mr. Horton to come back with a plan to rehabilitate and restore the existing Key West International Airport Building. Roll call vote was taken with the following results: Commissioner Douglass Yes Commissioner Harvey Yes Commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. Betty Vail and Mr. Horton addressed the Board concerning a response from the U.S. Department of Transportation Federal Aviation Administration regarding Resolution No. 137-1995 which directed Staff to explore the feasibility of ceasing all aircraft operations at Key West International Airport and Marathon Airport between the hours of midnight and 6:00 a.m. The Resolution was passed by the Board on April 18, 1995. After Board discussion, motion was made by Commissioner Harvey and 95/224 seconded by Commissioner London to refer the response from the FAA to an ad hoc committee, to be established. (This committee is established later in the meeting). Motion carried unanimously. Mr. Horton, Airports Director, Art Skelly; and Airport Security Guard Ernest Sawyer addressed the Board concerning an appeal filed by John J. Murphy III d/b/a Old Island Taxi for a fine levied by the Director of the Key West International Airport for a taxi violation of the Ground Transportation Resolution for the Key West International Airport. Appellant, John J. Murphy rebutted. James Baker, witness for Mr. Murphy addressed the Board. County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Reich to refund $50.00 of the fine to Mr. Murphy. During Board discussion, Commissioner .Reich withdrew her second and Commissioner Douglass seconded the motion. During further Board discussion, the motion was amended to indicate the basis for the refund to be that there was confusion concerning the circumstances for the first violation on the part of the person receiving the ticket. Roll call vote was taken with the following results: Commissioner Douglass Yes Commissioner Harvey No Commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. COMMISSIONER'S ITEMS Sue Carey Kulig of the Marathon Garden Club addressed the Board concerning their request for the Board to waive impact fees and building permit fees for an addition to their building in Marathon. Growth Management Director, Bob Herman, addressed the Board. County Attorney, James T. Hendrick advised the Board that they could not legally waive those fees. No official action was taken. PUBLIC HEARINGS A Public Hearing was held concerning a proposed Land Use District Map Amendment changing the land use designation for the John and Denise Marvel, and Edwin and Gayle Whittaker property legally described as part of Lot 5, Parcel 4, and further described in metes and bounds, Ramrod Key from improved Subdivision (IS) to Suburban Commercial (SC); Transmitting these amendments to the state land planning agency for approval; 95/225 Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Reich to adopt the following Ordinance Motion carried unanimously. ORDINANCE NO. 025-1995 See Ord. Book No. 36 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending the Land Development Regulations (Chapter 9.5, Monroe County Code) more specifically Section 9.5-247, Commercial Fishing Special Districts, by adding the following new Subsection, Commercial Fishing Special District-20, after Subsection (r), to replace Subsection (s), changing current Subsection (s) to Subsection (t); Providing for transmittal to the State Land Planning Agency for approval; Providing for severability; and providing an effective date. Mr. Herman and Dona Merritt addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 026-1995 See Ord. Book No. 36 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a proposed amendment to the land use district map for applicants Michael C. Coppola and Richard Reithmayr for a zoning change from Suburban Residential (SR) to Suburban Commercial (SC) for the property containing the "Alamo Building", or the Johnson Tract. Motion was made by Mayor Freeman and seconded by Commissioner Douglass to uphold Staff's recommendation to deny the request for a Land Use District Map Amendment, changing the Land Use Designation for the Michael C. Coppola and Richard Reithmayr property, legally described as part of Parcel 1-A in Government Lot 4, Section 31, Township 66 South, Range 28 East, Sugarloaf Key, Mile Marker 20. Mr. Herman addressed the Board. Motion was made by Mayor Freeman and seconded by Commissioner Douglass to uphold Staff's recommendation to deny the request for a Land Use District Map Amendment. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Harvey No Commissioner London No Commissioner Reich No Mayor Freeman Yes Motion failed. After further Board discussion, motion was made by Commissioner London and seconded by Commissioner Reich to 95/226 adopt the fOllowing Ordinance for the above item. Roll call vote was taken with the following results: commissioner Douglass No Commissioner Harvey Yes Commissioner London Yes Commissioner Reich Yes Mayor Freeman No Motion carried. ORDINANCE NO. 027-1995 See Ord. Book No. 36 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution amending Resolution No. 192-1995 for Tourist Development Council 107, District Advisory Committee 1, Third Penny. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner London to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 265-1995 See Res. Book No. 127 which is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval and authorizing execution of a Contract Agreement between Monroe County and Dustbuster Cleaning Services to provide janitorial service for the Plantation Key Government Complex in an amount of $3600 per month. Motion carried unanimously. Motion was made by Commissioner Douglass and seconded by Commissioner London granting approval to waive purchasing policies and procedures and purchase one (1) new 1995 White GMC Dump Truck from White GMC of Palm Beach, Florida in the amount of $62,535. Motion carried unanimously. Motion was made by Mayor Freeman and seconded by Commissioner London to approve the following items: Adoption of the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 266-1995 See Res. Book No. 127 which is incorporated herein by reference. Adoption of the following Resolution concerning the Receipt of Unanticipated Funds. 95/227 RESOLUTION NO. 267-1995 See Res. Book No. 127 which is incorporated herein by reference. Adoption of the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 268-1995 See Res. Book No. 127 which is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS Motion was made by Commissioner Reich and seconded by Commissioner London to appoint Sandra Schwemmer, D.O. to the Health and Human Services Board. Motion carried unanimously. GROWTH MANAGEMENT DIVISION County Attorney, James T. Hendrick, discussed a ruling favorable to the County in the Shaddick case; Ocean Cay Development (gambling boat) litigation ruling for the County; the Sunshine litigation being appealed to the 3rd District Court of Appeals; and the Curry Cove litigation. Growth Management Director, Bob Herman, gave a brief update on the la-mile stretch and the 2010 Comprehensive Plan. DIVISION OF ENVIRONMENTAL MANAGEMENT Environmental Management Director, Barry BOldissar, discussed the 1995/96 garbage rates. Mr. Boldissar advised the Board that this would be his last regular meeting as he was leaving County employment in the Keys and thanked all for the assistance that they gave him during his tenure with Monroe County. DIVISION OF COHMUNITY SERVICES Community Services Director, Peter Horton, advised the Board that employees of an airline and rental car agency had requested to be allowed to be married in the Marathon Airport. Motion was made by Commissioner London and seconded by Commissioner Douglass to authorize the marriage ceremony on August 26, 1995. Motion carried unanimously. 95/227A Adoption of the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 269A-1995 See Res. Book No. 127 which is incorporated herein by reference. 95/228 MISCELLANEOUS Public Safety Director, Reggie Paros, advised the Board that he received an emergency call concerning a vessel having possible explosives at Morgan Shrimp Company on Stock Island. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner London granting approval and authorizing execution, as amended, of the renewal of the Contract between Monroe County, acting as the governing board for Municipal Services Taxing District 5 and 6, and Fire-Tech Repair Service, Inc., for maintenance of Fire/Rescue vehicles, semi-annual inspections, preventive maintenance, and unscheduled maintenance resulting from malfunction or failure. Said amendment as follows: Page 5 Section 19. LOCATION OF WORK Delete (a) through (h). Add (a) Tavernier and (b) Key Largo only. Motion carried unanimously. DIVISION OF PUBLIC SAFETY Public Safety Director, Reggie Paros, discussed a letter he received from the Big pine Volunteer Fire Department concerning the department having a problem with guaranteeing adequate coverage during the day. Mr. Paros also discussed correspondence that he received from the Florida Division of Forestry concerning fire protection services in Monroe County. COMMISSIONER'S ITEMS Mayor Freeman discussed Board approval for the County Commission to appoint a member for the design competition as requested by Key West AIDS Memorial, Inc. No official action was taken. Commissioner Harvey discussed Board approval to obtain a site for holding special events such as County fairs, sporting events, etc., due to the scarcity and/or loss of property in Key West. This matter was referred to the County Administrator. Motion was made by Mayor Freeman and seconded by Commissioner Reich approving the following nominations for the Key West International Airport Ad-Hoc Committee: Paul DePoo, Jr. Representing the airline industry 95/229 Alan Jones Member of general aviation Walter Wyatt Member of the community Dan McClure Member of the community Vivian Arnold (Alternate) for community member Motion carried unanimously. Commissioner Harvey discussed Board approval to conduct a county-wide referendum in reference to the proposed widening of the eighteen-mile stretch of U.S. Highway One between the Florida Keys and mainland South Dade County. Following Board discussion, Commissioner Harvey withdrew consideration of the item. Commissioner Reich discussed the hiring of the Fire- Rescue Coordinator. During discussion, motion was made by Commissioner Reich and seconded by Commissioner London to un fund the position of Fire Rescue Coordinator. Roll call vote was taken with the following results: Commissioner Douglass No Commissioner Harvey Yes Commissioner London No Commissioner Reich Yes Mayor Freeman No Motion failed. COUNTY ADMINISTRATOR County Administrator, James Roberts, discussed activity concerning creation by the City of Key West of the Redevelopment Authority to handle the disposition of excess Navy property. Motion was made by Commissioner Harvey and seconded by Commissioner London authorizing the County Administrator to request, on behalf of the Board, the City of Key West allow the County's member on the Redevelopment Authority to be a full voting member. Motion carried unanimously. Mr. Roberts advised the Board that in accordance with the Board's direction he had appointed the following individuals to the Sanctuary Management Plan Staff Committee: Extension Services Director, Doug Gregory Marine Resources Director, George Garrett Environmental Resources Director, Ross Alliston 95/230 County Engineer, Dave Koppel Ralf Brooks, representing the Law Firm of Morgan & Hendrick Office of Management Budget - Budget Manager, Sheila Barker A Representative from the Monroe County Sheriff's Office Mr. Robert's discussed the Board's action directing a reorganization of Channel 16 and indicated that due to that reorganization he would advise Keys Entertainment and Mr. Lehman that the County would be unable to proceed with further negotiations of their use of Channel 16. COUNTY ATTORNEY County Attorney, James T. Hendrick, discussed the Board's previous action on agenda item P-6 concerning adoption of a Resolution regarding sea turtle stranding, salvage and disposal. Motion was made by Commissioner London and seconded by Commissioner Reich to reconsider the item. Motion carried unanimously. The Board then directed Mr. Hendrick to come back with a corrected document. Motion was made by Commissioner London and seconded by Mayor Freeman authorizing the advertisement of an Ordinance to amend Section 10-22(a) of the Monroe County Code to increase the law library fee from $7.50 to $15.00. Motion carried unanimously. Mr. Hendrick discussed the Lake Plumbing litigation regarding the New Monroe County Detention Facility. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County ~oU Co. ~A~ Deputy Clerk ,