08/15/1995 Regular
95/237
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, August 15, 1995
Key Largo Library
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 10:00 A.M., on the above date, at the
Key Largo Library, Key Largo, Florida. 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; Peter Horton, Acting
County Administrator; County Staff, members of the Press and
Radio; and the general public.
ADDITIONS, CORRECTIONS, AND DELETIONS
Motion was made by Commissioner London and seconded by
Commissioner Harvey granting approval of the Additions,
Corrections and Deletion to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Employee of the Month Award was presented to Arbie
Odum, Jr., of the Code Enforcement Department, Community Services
Division, for the month of May, 1995.
Acting County Administrator, Peter Horton, presented to
the Board an outstanding Project of the Year Award from the State
of Florida Department of Transportation for the Marathon Airport.
COMMISSIONERS' ITEMS
Mayor Freeman presented a proclamation proclaiming
September, 1995 as Rural Health Month.
PUBLIC HEARINGS
A Public Hearing was held to adopt 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
95/238
$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. 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 028-1995
See Ord. Book No. 36, which is incorporated herein by reference.
A Public Hearing was held to adopt an Ordinance
creating a Boating Restricted Area (Idle Speed/No Wake Zone) for
all of Marvin D. Adams Waterway; 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
inclusion into the Monroe County Code; and providing for 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 029-1995
See Ord. Book No. 36, which is incorporated herein by reference.
BULK APPROVALS/CONSENT AGENDA
Motion was made by Commissioner Harvey and seconded by
Commissioner London to approve the following by unanimous
consent:
Board adopted the following Resolution granting the
designation of "Historical and Cultural Landmark" to the Florida
Keys Memorial, also known as the Hurricane Monument, and the
surrounding triangular shaped site of approximately 1/4 acre.
The property is described as follows: Government Lot 1-2,
Section 32, and part of Government Lot 2, Section 33, Township 63
South, Range 39 East, Tallahassee Meridian, Upper Matecumbe Key,
Monroe County, Florida, Mile Marker 81.5, Real Estate Number
IS 00095080.
RESOLUTION NO. 271-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval for a Public Hearing to review
modifications to Hawks Cay Development of Regional Impact and
modifications to major development at the regular Board Meeting
to be held on December 20, 1995.
95/239
Board granted approval of a Flood Variance request by
Floyd and Mary Keesling for placement of a limited bath facility
below the base flood elevation on lot 54, block 2, Plantation Key
Colony, Plantation Key.
Board granted approval to advertise a proposed
Ordinance creating a Boating Restricted Area (Slow Speed/Minimum
Wake Zone) for Snake Creek, located between Windley Key and
Plantation Key; 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.
Board granted approval to advertise a proposed
Ordinance creating a Boating Restricted Area (Idle Speed/No Wake
Zone) for the near shore waters adjacent to Sombrero Beach County
Park, Marathon; 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 for 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.
Board adopted the following Resolution authorizing the
Mayor to execute, on behalf of Monroe County, as the owner of
Pigeon Key, a Grant Application to the Florida Department of
State, Division of Historical Resources, for funding assistance
for the restoration of the Assistant Bridge Tenders House and the
Paint Foreman's House on Pigeon Key.
RESOLUTION NO. 272-1995
See Res. Book No. 127, which is incorporated herein by reference.
BULK APPROVALS
Board granted approval and authorized execution of an
Interlocal Agreement between Monroe County and the City of Key
West for Monroe County use of Douglass Community Center, and
ratification of the de facto location of the Roosevelt Sands
Community Health Resource Center on the premises of the Douglass
Community Center since November, 1993.
Board granted approval to remove the following surplus
equipment from the inventory of the Property Appraiser and
advertise for bids and disposal of same:
95/240
County I.D. No.
Description
0400-818
0400-823
0400-824
None
0400-567
0400-808
0400-669
0400-868
0400-868
None
None
0400-817
Link Computer Terminal
Link Computer Terminal
Link Computer Terminal
Link Computer Terminal
Adler Typewriter
Epson Printer
Burroughs Printer
Zenith Terminal
Zenith Drive
MC276 Keyboards
Zenith Keyboards
Ozalid Map Printer -
(Min. Bid $500)
Board granted approval of the use of renewal and
replacement monies from Fund 415 for Fiscal Year 1996 and future
landfill post closure activities.
Board granted award of bid and authorized execution of
an Agreement between Monroe County and R Wave of Florida, Inc.,
for the maintenance of biomedical equipment for MSTD 6, in the
amount of $3,800.00.
Board granted award of bid and authorized execution of
an Agreement between Monroe County and R Wave of Florida, Inc.,
for the maintenance of biomedical equipment for MSTD 5, in the
amount of $1,600.00.
Board granted approval and authorized execution of a
Display Lease between Monroe County and Key West Hotel/Motel
Association, for space at the Key West International Airport, in
the amount of $183.71 per month.
Board granted approval and authorized execution of a
Purchase Service Order No. 94/95-6 to Greiner, Inc., for Key West
International Airport Stormwater Improvements.
Board granted approval of a settlement of a Code
Enforcement Lien, CEB Case L10-94-626 (Jose Luis Alonso and
Olivia Alonso), as outlined in a letter from attorney Al Frigola,
in the amount of $500.00.
Board granted approval of a settlement of a Code
Enforcement Lien, CEB Case L7-94-277 (Effie Perez), as outlined
in a letter from attorney Al Frigola, in the amount of $2,500.00.
Board granted approval and authorized execution of a
Retroactive Derelict Vessel Removal Agreement, Contract No.
B9544, between Monroe County and the Florida Department of
Environmental Protection, Boating Improvement Program, for the
95/241
emergency removal of DV091864 and DV091865, in the amount of
$1,749.00.
Board granted approval and authorized execution of a
Retroactive Derelict Vessel Removal Agreement, Contract No.
B9545, between Monroe County and the Florida Department of
Environmental Protection, Boating Improvement Program, for the
emergency removal of DV091891, in the amount of $1,092.50.
Board granted approval and authorized execution of a
Retroactive Derelict Vessel Removal Agreement, Contract No.
B9546, between Monroe County and the Florida Department of
Environmental Protection, Boating Improvement Program, for the
emergency removal of Cuban alien vessels.
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 purchase
of educational materials for a Boating Safety Course.
RESOLUTION NO. 273-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and the Florida
Department of Environmental Protection, DEP Contract No. B9514,
for the emergency repairs of Channel Markers #11, 12, 13, 15 and
16 in Windley Key.
Board granted approval and authorized execution of a
Retroactive Derelict Vessel Removal Agreement, Contract No.
B9540, between Monroe County and the Florida Department of
Environmental Protection, Boating Improvement Program, for the
removal of derelict vessels, in the amount of $3,942.00.
Board granted approval and authorized execution of a
Retroactive Project Grant Agreement, Contract No. B9542, between
Monroe County and the Florida Department of Environmental
Protection, Boating Improvement Program, for the emergency repair
of Channel Marker #18 in Kemp Channel, in the amount of
$1,800.00.
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 purchase
of replacement channel marking signage for Indian Key.
RESOLUTION NO. 274-1995
See Res. Book No. 127, which is incorporated herein by reference.
95/242
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds. (Key West Airport)
RESOLUTION NO. 275-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Risk Management and Library)
RESOLUTION NO. 276-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds. (Grants)
RESOLUTION NO. 277-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Tax Collector)
RESOLUTION NO. 278-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the fOllowing Resolution amending
Resolution No. 045-1995. (Tree Canopy Survey)
RESOLUTION NO. 279-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds. (Coco Plum)
RESOLUTION NO. 280-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Florida Communities Trust)
RESOLUTION NO. 281-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolutions concerning the
Receipt of Unanticipated Funds. (Library Donations & Boating
Improvements)
RESOLUTION NO. 282-1995
RESOLUTION NO. 283-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Worker's Compensation)
95/243
RESOLUTION NO. 284-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval and authorized execution of
Change Order No.1 to The Brewer Company of Florida, Inc.,
contract for Cudjoe Key Roads II, for a decrease in the contract
amount by $6,264.88.
Board granted approval and authorized execution of
Change Order No.4 to Toppino, Inc., contract for Bernstein Park,
adding 30 days of contract time. There is no change in the
contract cost.
Board granted approval to remove the fOllowing items
from the inventory of Public Works and authorization to dispose
of same:
County 1.0. No.
Description
1002-339
3300-36
2000-404
0202-64
0903-523
0903-524
1803-380
2000-435
Unknown
Unknown
Serial #K363086
Serial #E419296
Serial #E49215756
Unknown
Serial #740308006
A/C Window unit
A/C Window Unit
A/C Window Unit
A/C Window Unit
A/C Window Unit
A/C Window Unit
A/C Window Unit
A/C Window unit
4 Ton Air Handler
4 Ton Air Handler
Compressor/Condensing Unit
Compressor/Condensing Unit
Compressor/Condensing Unit
Chilled Water Evap. Fan Unit
Evaporator Unit
Board granted approval to rescind the Lease Agreement
authorized on June 22, 1995 between Monroe County and Deputy
Glenn Shipe to reside in the trailer located on Harry Harris Park
for an amount of $224.38 rent, plus $175.62 for water,
sewer/septic, electricity, and solid waste collection service; to
lease the trailer to Deputy glenn Shipe on a month-to-month basis
from May 17, 1995 to July 31, 1995; and to enter into a Lease
Agreement between Monroe County and Deputy Glenn Shipe to reside
in the trailer located on Harry Harris Park for an amount of
$224.38 per month rent, plus $175.62 for water, sewer/septic,
electricity and solid waste collection service, lease to commence
on August 1, 1995 and terminate July 31, 1996.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and Florida Highway Patrol
Trooper Pamela Goff, to reside in the trailer located on Sombrero
Beach, for an amount of $214.22 per month rent, plus $185.78 for
95/244
water, sewer/septic, electricity, and solid waste collection
service.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and AKH Water
Management, Inc., for operation and maintenance of the Marathon
Government Center Sewage Treatment Plant, in the amount of
$414.50 per month plus chemicals.
Board granted approval to rescind the Contract
Agreement awarded on February 22, 1995, to Ecosystematics, Inc.,
for the operation and maintenance of the Plantation Key
Government Complex Sewage Treatment Plant, in the amount of
$17,736.00 per year, with the contractor to purchase pollution
liability insurance.
Board granted award of Bid and authorized execution of
a Contract Agreement between Monroe County and Ecosystematics,
Inc., for the operation and maintenance of the Plantation Key
Government Complex Sewage Treatment Plant, in the amount of
$4,740.00 per year. The Board has previously approved for Risk
Management Department to purchase the pollution liability
insurance.
Board granted approval to remove the following items
from the inventory of the County Attorney and to dispose of same
due to the fact that no bids were received for said equipment:
County I.D. No.
Description
0300-92A
0300-106A
0300-92C
0300-92D
0300-92E
1983 IBM Displaywriter
1986 IBM Displaywriter
1983 IBM Diskette Drive
1983 IBM Diskette Drive
1983 IBM DWS Printer
Board granted approval and authorized execution of a
Lease Amendment between Monroe County and John Dedek to allow the
on-premise sale and consumption of alcoholic beverages at LJ's
Beachside Restaurant and Cafe at Higgs Beach County Park.
Board granted approval and authorized execution of an
Amendment between Monroe County and the Florida Department of
Agriculture and Consumer Services, for the Hurricane Andrew Urban
Reforestation Grant HA-72, DACS Contract No. 2718, extending the
agreement period until 9/30/96.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds. (Indian Key)
RESOLUTION NO. 285-1995
See Res. Book No. 127, which is incorporated herein by reference.
95/245
Board adopted the following Resolution amending
Resolution No. 221-1995. (Grace Jones Day Care Center)
RESOLUTION NO. 286-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds. (Guardianship Evaluations)
RESOLUTION NO. 287-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval for the Mayor to execute a
letter to the Division of Historical Resources on behalf of the
Audubon House and Tropical Gardens regarding an historic
preservation grant.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an
Amendment to an Agreement between Monroe County and Theatre Key
West covering the Key West Theatre Festival, October 5 thru 15,
1995, in an amount not to exceed $11,495.00, DAC 1, Fiscal Year
1995 Third Penny.
Board granted approval and authorized execution of a
Turnkey Event Agreement between Monroe County and Super Boat
Racing, Inc., covering the Key West World Championship Race,
November 3 thru 10, 1995, in an amount not to exceed $32,167.00,
Fiscal Year 1995, DAC 1 Third Penny.
Board granted approval of a Standard Agreement utilized
in the funding of Destination Events.
Board granted approval of an amount not to exceed
$373,500.00 for the Fiscal Year 1996 Two Penny, FY'96 Public
Relations Plan.
Board granted approval of an amount not to exceed
$35,000.00, Fiscal Year 1995, Two Penny Administrative, for
computer equipment and related software.
Board adopted the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 288-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds.
95/246
RESOLUTION NO. 289-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval of the following Resolution
supporting the efforts of interested parties through their
District III Advisory Committee in the establishment of
artificial reefs surrounding Marathon.
RESOLUTION NO. 290-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and the Key West
Chamber of Commerce amending ceiling for telemarketing service in
an amount not to exceed $225,000.00 per year, and clarification
of brochure distribution by the Chamber of Commerce as it relates
to Telemarketing/TIS Contract.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and the Lower Keys
Chamber of Commerce regarding brochure distribution as it relates
to the Telemarketing/TIS Contract.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and the Key Largo
Chamber of Commerce regarding brochure distribution as it relates
to the Telemarketing/TIS Contract.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and the Islamorada
Chamber of Commerce regarding brochure distribution as it relates
to the Telemarketing/TIS Contract.
Board granted approval ad authorized execution of an
Addendum to Agreement between Monroe County and the Greater
Marathon Chamber of Commerce regarding brochure distribution as
it relates to the Telemarketing/TIS Contract.
Board granted approval and authorized execution of an
Agreement between Monroe County and Cellet Travel Services, Ltd.,
commencing October 1, 1995 and terminating September 30, 1998, in
an amount not to exceed $22,000.00 per year, with a three year
total not to exceed $66,000.00.
PUBLIC WORKS DIVISION
Board granted approval of a request by the Marathon
Chamber of Commerce to close 33rd Street in Marathon, from the
entrance to the Florida Keys Aqueduct Authority to the end of the
street, including the boat ramp, to hold a celebration
commemorating the 50th Anniversary of the Chamber of Commerce to
95/247
be held on August 26, 1995 from 3 p.m. to 10 p.m., and for the
consumption and sale of food and alcohol.
Board granted approval of a request by the Rotary Club
of Marathon for the use of Sombrero Beach on September 3, 1995,
from 10 a.m. to dusk, to hold Labor Day festivities, including
the consumption and sale of food and alcohol.
COMMISSIONERS' ITEMS
Board adopted the following Resolution in recognition
of the late Paul Albert Toppino.
RESOLUTION NO. 291-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board approved Commissioner Reich's re-appointment of
Scott Mar to the Tourist Development Council for a term of four
years, beginning September 1, 1995.
Board approved Commissioner London's re-appointment of
Harold Nugent to the Planning Commission.
Board approved Commissioner Douglass' re-appointment of
Alice Skinger to the Library Advisory Board.
Board approved Commissioner Douglass' re-appointment of
Grace Manillo to the Planning Commission.
Board adopted the following Resolution authorizing the
County Animal Control or Pollution Control Departments to respond
to requests from the Florida Marine Patrol or wildlife Rescue
Volunteers for the disposal of dead sea turtles once it is
determined the turtles are not needed for further study, and
authorizing the solid waste facilities to dispose of the turtles.
RESOLUTION NO. 292-1995
See Res. Book No. 127, which is incorporated herein by reference.
CLERK OF COURT
FINES AND FORFEITURES
Board approved the fOllowing Fine and Forfeiture
Expenditures:
COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici,
in the amount of $1,950.00; Guidance Clinic of the Middle Keys,
in the amount of $300.00; Care Center for Mental Health, in the
amount of $1,550.00; Leslie Morgan, in the amount of $1,000.00.
95/248
COURT APPOINTED ATTORNEY'S, Charles Everett, in the amount
of $652.50; Manuel Garcia, in the amount of $1,715.00; Timothy
Thomes, in the amount of $700.00; John Jabro, in the amount of
$194.00; Margaret Tobin, in the amount of $6,758.15; Diane Covan,
in the amount of $4,960.00; James Woodard, in the amount of
$1,632.02; Crimella & Hamilton, in the amount of $837.50; Stephen
Isherwood, in the amount of $1,608.75; Carol Ann Wolf, in the
amount of $700.00; Donald Yates, in the amount of $3,454.97;
Margaret Broz, in the amount of $362.50; Jason Smith, in the
amount of $7,438.75; Marci Rose, in the amount of $7,204.62;
Tegan Slaton, in the amount of $1,511.25; Larry Erskine, in the
amount of $1,035.00.
OTHER EXPENSES, Louis Spallone, in the amount of $3,000.00;
Witness LOdging, in the amount of $538.00; David Burns
Investigations, in the amount of $475.00; State of Florida, in
the amount of $2,545.12.
COURT REPORTERS, Associated Court Reporting, in the amount
of $4,373.50; Florida Keys Reporting, in the amount of $690.25;
Lisa Roeser, in the amount of $178.75; Soon Schunot, in the
amount of $60.75; Kathleen Fegers, in the amount of $3,928.50;
Nancy Maleski, in the amount of $491.75; Amy Landry, in the
amount of $114.75; Hill Reporting Service, in the amount of
$907.50; Ginger Rowland Gay, in the amount of $561.75; Nichols &
Hardy, in the amount of $45.00; Laws Reporting, in the amount of
$226.00; Coastal Court Reporting, in the amount of $73.40.
EXTRADITION, Richard Roth, in the amount of $3,169.70.
COURT INTERPRETERS, Eduardo Silva, in the amount of
$130.00; J.R. Alayon, in the amount of $675.00; Eva Carbone, in
the amount of $35.00; Jose Menendez, in the amount of $385.00;
William Waddell, in the amount of $430.00; Berta Green, in the
amount of $30.00; Julia Seward, Rev., in the amount of $145.00;
Henry Arroyo, in the amount of $65.00; Language Services, in the
amount of $55.00; Mayda Maloney, in the amount of $30.00; Heide
Rosengauer, in the amount of $25.00; Elizabeth Diaz, in the
amount of $95.00.
EXPERT WITNESS FEES, in the amount of $831.25.
TRAVEL EXPENSES, Witness Travel, in the amount of $5,884.80.
REGULAR WITNESS FEES, Witness Payroll, in the amount of
$1,847.02.
COUNTY CLERK
Board approved the following Warrants:
95/249
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #125-#128, in the
amount of $84,790.72
SUPPLEMENT TO GENERAL REVENUE FUND (002), #590-#593, in the
amount of $100,389.87
FINE & FORFEITURE FOND (101), #1618-#1624, in the amount of
$386,679.31
ROAD AND BRIDGE OPERATING (102), #903-#907, in the amount of
$3,350,946.39
LAW LIBRARY FUND (103), #495-496, in the amount of $1,521.80
TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #954-#957,
in the amount of $592,473.82
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #213-#217, in
the amount of $9,246.99
MSD TAXING DISTRICTS (145,146,141), #861-#864, in the amount
of $287,687.91
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #538 & #540-
#542, in the amount of $19,379.50
UPPER KEYS TRAUMA DISTRICT (144), #286-#289, in the amount
of $27,032.12
PLANNING,BUILDING,& CODE ENFORCEMENT/
PARKS & BEACHES UNINCORPORATED (147,148) #574-#577, in the
amount of $365,240.35
VENETIAN SHORES SPEC RD DIST &
DUCK KEY SECURITY (149/152), #0099, in the amount of
$4,100.90
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1063-1064, in
the amount of $14,850.87
COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #806-#810, in the amount of
$2,109,469.16
CARD SOUND BRIDGE FOND (401), #612-#615, in the amount of
$34,942.60
AIRPORT OPERATION & MAINTENANCE FUND (403/404), #962-964, in
the amount of $421,704.35
MSD PLEDGED FUNDS (414), #469-#476, in the amount of
$604,115.28
95/250
WORKERS COMPENSATION FUND (501), #4306-#4309, in the amount
of $110,858.93
GENERAL REVENUE FUND (001), #242240-244106, in the amount of
$13,889,809.34
MONROE COUNTY GROUP INS FUND (502), #760-#766, in the amount
of $818,497.86
RISK MANAGEMENT FUND' FLEET MANAGEMENT FUND (503/504),
#371-#374, in the amount of $142,803.38
FL TRUST FUND (600,601), #1108-1109, in the amount of
$12,967.26
Danny Kolhage, Clerk of the Circuit Court, submitted
the annual Audit Report of Monroe County, prepared by Kemp &
Green, P.A., Certified Public Accountants, to the Board.
Mr. Kolhage submitted the annual Audit Report of the
Tourist Development Trust Funds, prepared by Kemp & Green, P.A.,
Certified Public Accountants, to the Board.
Mr. Kolhage submitted the annual Audit Report of
Municipal Service District, prepared by Kemp & Green, P.A.,
Certified Public Accountants, to the Board.
Mr. Kolhage submitted the annual Audit Report of
Individual Constitutional Officer and Dependent District,
prepared by Kemp & Green, P.A., Certified Public Accounts, to the
Board.
Board granted approval to remove the following surplus
equipment from the inventory of the Clerk of the Court and
advertise for bids or dispose of as indicated:
County I.D. No.
Description
Unknown
#414 Micro-Fiche Realist
Viewer (Bid/Disposal)
Murata Fax Phone (Bid)
Amano Time Clock (Bid/Disposal)
DP800 Unison Unipower
(Bid/Disposal)
#910 Micro-Design Fiche Reader
(Bid/Disposal)
ADDS Computer Terminal w/Pad
(Bid/Disposal)
ADDS Computer Terminal w/Pad
(Bid/Disposal)
ITOH Printer (Bid)
Brite Voice Modem (Disposal)
S#S1520
S#64642DF
S#049692
S#3674
0205-27
0205-49
0201-43
Unknown
95/251
0208-12
Unknown
0205-106
0205-107
0206-1
Robotics Modem (Disposal)
Best UPS Microferrups (Disposal)
DSP 4MB Processor Applic.(Bid)
DSP 4MB Processor Applic. (Bid)
Recordex Tape Duplicator
(Bid/Disposal)
Board granted approval of the July 13, 14, and 18, 1995
County Commission Meeting Minutes.
COUNTY ATTORNEY
Board adopted the following Resolution setting the
date, time and place for a Public Hearing concerning the proposed
abandonment of a portion of Inlet Drive, Sunset Waterways
SUbdivision, Key Largo, Florida.
RESOLUTION NO. 293-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval to advertise the following:
An Ordinance amending Section 6 of Ordinance No. 011
-1988 in order to provide that the collection responsibilities
for the Tourist Impact Tax imposed in the Florida Keys Area of
critical State Concern and Big Cypress Area of Critical State
Concern are transferred to the Monroe County Tax Collector from
the Florida Department of Revenue and audit responsibilities
transferred from that department to the Monroe County Clerk;
providing procedures for collection; providing for liens, civil
enforcement, and criminal penalties for failure to pay the tax;
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.
An Ordinance. amending Section 6 of Ordinance No. 012-
1988 in order to provide that the collection responsibilities for
the Tourist Impact Tax imposed in the City of Key West are
transferred to the Monroe County Tax Collector from the Florida
Department of Revenue and audit responsibilities transferred from
that Department to the Monroe County Clerk; providing procedures
for collection; providing for liens, civil enforcement, and
criminal penalties for failure to pay the tax; 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 adopted the following Resolution amending
Resolution No. 121-1995, section 1, in order to exempt boot camp
95/252
type correctional facilities from Category 5 Hurricane
Construction standards if a correctional facility built to
category 5 standards is available for shelter.
RESOLUTION NO. 294-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval to advertise an Ordinance
amending Section 13-29, Monroe County Code, in order to provide
that the levy of the one quarter of one mill ad valorem tax for
the television translator system is discretionary with the
governing body of the translator district rather than mandatory;
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 an
Agreement between Monroe County and the Tax Collector concerning
winston waterways MSTU.
Motion carried unanimously.
COUNTY ATTORNEY
County Attorney, James T. Hendrick, Nick Mulick,
representing the Florida Keys Electric Coop, County Engineer,
Dave Koppel, and Florida Keys Electric Coop Board Member Joan
Mowery, addressed the Board concerning a grant of
easement/franchise to Florida Keys Electric Cooperative
Association. Motion was made by Commissioner Harvey and seconded
by Commissioner London directing the Public Works Director and
County Attorney to meet with Mr. Mulick and staff of Florida Keys
Electric Coop to discuss services, as outlined in the County
Attorney's memorandum dated August 14, 1995, that can be shifted
to the Coop and report back to the Board and also included are
the possible sharing of any revenues received by the Coop from
others for the use of their facilities. After further Board
discussion, the motion was withdrawn.
Motion was then made by Commissioner Harvey and
seconded by Commissioner London directing Staff to meet with the
FKEC and then hold a Special Meeting on Monday, September 11,
1995 at 4:00 P.M. at the Key Largo Library. Motion carried
unanimously.
MISCELLANEOUS BULK APPROVALS
Acting Division Director of Environmental Management,
Mike Lawn, addressed the Board concerning a contract adjustment
95/253
from D&J Industries, Inc., for roof repairs at Key Largo and Long
Key transfer stations. Motion was made by Commissioner London
and seconded by Commissioner Reich to continue this matter to
later in the meeting. Motion carried unanimously.
PRESENTATION OF AWARDS
Amy Jeffers, representing the Attorney General's
Office, presented to the Board a check in the amount of $96,829
from the Immigration and Naturalization Service for costs related
to the Cuban Immigration Crisis.
MISCELLANEOUS BULK APPROVALS
Public Safety Director, Reggie Paros addressed the
Board. Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval and authorizing execution of
an Interlocal Agreement between Monroe County and the Monroe
County Mosquito Control concerning the use of tower space at
three (3) translator sites. Roll call vote was taken with the
following results:
commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
Yes
No
Yes
Yes
Yes
Motion carried.
SOUNDING BOARD
Jim Harvey, Executive Vice President, of the Florida
Bay Initiative, Inc., Ray Liberti, John Donaldson, Dexter
Lehtinen, and Mike Collins made a presentation of an option for
the four laning of the 18 mile stretch on behalf of the Florida
Bay Initiative, Inc. The Board discussed the matter. Mike
Ciscar, Project Manager of the Florida Department of
Transportation addressed the Board.
GROWTH MANAGEMENT DIVISION
Growth Management Director, Bob Herman, addressed the
Board concerning the "Statement of Agency Commitments for the
Mitigation of the impacts associated with the widening of u.S.
Highway 1 between Key Largo and mainland Florida".
Motion was made by Commissioner London and seconded by
95/254
Commissioner Douglass to hold a special meeting for the adoption
of the Agency Commitments on Thursday, September 7, 1995 from
1:00 p.m.to 5:00 p.m at the Key Largo Library. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Commissioner Douglass discussed the adoption of a
Resolution requesting the State of Florida, Department of
Transportation (DOT) to design and analyze expansion of U.S.
Highway One between Key Largo and Mainland Florida limited to
three (3) lanes and to review traffic management options
utilizing the existing two (2) lanes as proposed in the Florida
Bay Initiative Study.
The following individuals addressed the Board: Joel
Carmel, Hal Heim, Juanita Greene, Jerry Wilkinson, Capt. Ed
Davidson, Eugene Shinkevich, Ray Thompson, John Hammerstrom,
Karen Kovarak, Dagny Johnson, Joan Mowery, Dexter Lehtinen.
Motion was made by Commissioner Douglass and seconded
by Commissioner London to adopt the following Resolution, as
amended. Said amendment as follows:
Page 4 Add Section (3) that the DOT request both
permitting agencies (Army Corp of Engineers and South Florida
Management District) to hold DOT's current applications in
abeyance pending completion of the actions referenced above.
RESOLUTION NO. 295-1995
See Res. Book No. 127 which is incorporated herein by reference.
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.
Commissioner Reich discussed a referendum regarding the
question of the la-mile stretch being put on the ballot. Motion
was made by Commissioner Reich to hold a referendum in the
November election. Motion died for lack of a second.
*
*
*
*
*
DISTRICT #1
95/255
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 Mayor Freeman, Commissioner London and Chairman
Douglass. Absent were Mayor Samuel Feiner and Commissioner Hal
Halenza.
Motion was made by Commissioner London and seconded by
Mayor Freeman granting acceptance of the proposal and approval of
an Agreement between Monroe County and Technical Dynamics, Inc.,
for the maintenance of biomedical equipment for the Lower and
Middle Keys Fire and Ambulance District, in the amount of
$5,571.00. Motion carried unanimously, with Mayor Feiner and
Commissioner Halenza 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.
CONSTRUCTION MANAGEMENT
Motion was made by Commissioner Douglass and seconded
by Mayor Freeman granting approval and authorizing execution of
Change Order No. 31-001-008 to D. L. Porter Construction's
Contract No. SJ-001, Construction, for the Sheriff's New
Headquarters Building in the increased amount of $1,584.90. 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.
Monroe County Construction Manager, Bill Bibo,
addressed the Board.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval and authorizing execution
of Change Order No. 2 between Monroe County and Rudolf Krause and
Sons for the construction of the Big pine Key Library in the
95/256
REVISED PAGE
**
increased amount of $4,762.78; and adopted the following
Resolution concerning the Transfer of Funds. Motion carried
unanimously.
RESOLUTION NO. 296-1995
See Res. Book No. 127 which is incorporated herein by reference.
COUNTY ATTORNEY
County Attorney, James T. Hendrick, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
Commissioner London to adopt the following Resolution granting
Coral Coast Subdivision an exemption from the Building Permit
Allocation requirements of Monroe County Ordinance 16-1992. Roll
call vote was unanimous.
RESOLUTION NO. 297-1995
See Res. Book No. 127 which is incorporated herein by reference.
DIVISION OF PUBLIC WORKS
Public Works Director, Dent Pierce, addressed the Board
concerning a request from Hoyanee Presentations for use of the
fenced in tower area of Higgs Beach from October 20-31, 1995,
with Native American educational programs and festivities
occurring on October 26-29, 1995, to include sale of beer and
native american food, approval to charge spectators an admission
fee of $6/adults and $3/children for the festivities, approval to
sell native american arts and crafts, permission for overnight
camping on site for staff members, and displays of alligator
wrestling. Bubba Fletcher addressed the Board. Motion was made
by Commissioner Harvey and seconded by Mayor Freeman to deny the
request. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of the
following Ordinance adopting a land use district map amendment
changing the Land Use Designation for the Constantin Gus Boulis
property, legally described as the Northern half of Tract 8, and
all of Tracts 9 & 10, second amended & Revised Plat of Lee
Shores, Key Largo, Mile Marker 102 from Suburban Residential (SR)
to Suburban Commercial (SC); Transmitting these amendments to the
State Land Planning Agency for approval; Providing for
severability; and providing for an effective date. There was no
public input. Motion was made by Commissioner Harvey and
seconded by Commissioner Douglass to adopt the following
Ordinance. Motion carried unanimously.
95/257
ORDINANCE NO. 030-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of
the following Ordinance adopting a Land Use District Map
Amendment changing the Land Use Designation for the Robinson
Callen and Arthur E. Choate property, located at 79786 Overseas
Highway, legally described as the Southwestern most part of the
Southwest 5.41 acre tract 1, part of Govt. Lots 1, 2, & 3 all
more particularly described in metes and bounds, Section 6,
Township 64S, Range 37E, Upper Matecumbe Key, mile marker 79.7,
from Commercial Fishing Special District 11 (CFSD-11) to Suburban
Commercial (SC)i Transmitting these amendments to the State Land
Planning Agency for approval, Providing for severabilitYi and
providing got an effective date. There was no public input.
Growth Management Director, Bob Herman, addressed the Board.
Motion was made by Commissioner Douglass and seconded by
Commissioner London to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 031-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning a Budget Amendment
to the Group Insurance Fund #502 for Fiscal Year 1995. There was
no public input. Motion was made by Commissioner London and
seconded by Commissioner Harvey to adopt the following
Resolution.
RESOLUTION NO. 298-1995
See Res. Book No. 127 which is incorporated herein by reference.
A Public Hearing was held concerning a Budget Amendment
to the Fine & Forfeiture Fund #101 for Fiscal Year 1995. There
was no public input. Motion was made by Commissioner London and
seconded by Commissioner Douglass to adopt the fOllowing
Resolution.
RESOLUTION NO. 299-1995
See Res. Book No. 127 which is incorporated herein by reference.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval and authorizing
execution of Purchase Service Order 94/95-7 for Greiner, Inc.,
for consulting services for the runway lighting rehabilitation
project at the Marathon Airport. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Mayor Freeman granting approval and authorizing execution of
Purchase Service Order 94/95-8 for Greiner, Inc., to prepare a
95/258
Disadvantaged Business Enterprise Plan for the Key West and
Marathon Airports. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Douglass granting approval to advertise a Request
for Proposal for landscape maintenance at the Key West
International Airport. Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded by
Commissioner Douglass granting approval and authorizing execution
of Purchase Service Order 94/95-9 for Greiner, Inc., to
investigate method and cost for the Key West airport vegetation
trimming project. Motion carried unanimously.
County Attorney, James T. Hendrick, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
Commissioner London to continue to the next Board meeting the
approval of a contract adjustment from D&J Industries, Inc., for
roof repairs at Key Largo and Long Key transfer stations. Motion
carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval and authorizing execution
of a Highway Lighting Agreement between Monroe County and the
Florida Department of Transportation for fourteen (14) street
lights on US 1 in Marathon. Roll call vote was unanimous.
GROWTH MANAGEMENT DIVISION
Growth Management Director, Bob Herman, updated the
Board on the Monroe County Year 2010 Comprehensive Plan.
Motion was made by Commissioner Douglass and seconded
by Commissioner London to hold a Special meeting at the Ocean
Reef Club Auditorium with the Board and Planning Commission on
Tuesday, October 3, 1995 at 5:00 P.M. regarding a Comprehensive
Development Agreement submitted to the Planning Department.
Motion carried unanimously.
Mr. Herman updated the Board on the Transient
Residential Ordinance and the process before the Planning and
County Commissions.
Mr. Herman discussed the Bernstein Park Affordable
Housing process. Motion was made by Commissioner Harvey and
seconded by Commissioner London granting approval of the
Restrictive Covenants for the Affordable Housing Unit for
Bernstein Park. Motion carried unanimously.
COUNTY ATTORNEY
95/259
County Attorney, James T. Hendrick, discussed the
Romanov (vacation rental litigation) which has been reset for
October 24, 1995 at 2:00 P.M. before Judge Sandra Taylor in Key
West.
~
Mr. Hendrick discussed the Big pine Key Joint Venture,
Ocean Cay, Snappers, and Tropic South litigation.
Mr. Hendrick advised the Board that the County had
received a notice from the Department of Labor concerning
unemployment benefits filed by Parvan Barkardiev and Margaret
Pent. He advised the Board that the Department had been notified
that Monroe County was not responsible for any unemployment
benefits for these individuals since the Fine Arts Council no
longer exists and was a separate entity.
Mr. Hendrick also discussed the Martin vs. Monroe
County lawsuit concerning a 1983 jail incident; an update on the
Avis litigation at the Key West International Airport; and an
update on all of the Final Orders in the rule challenge cases in
the First District Court of Appeal concerning Comprehensive plan
issues.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Harvey and seconded by
Commissioner London to adopt the following Resolution opposing
Congressional budget cuts in Medicare and Medicaid. Roll call
vote was unanimous.
RESOLUTION NO. 300-1995
See Res. Book No. 127 which is incorporated herein by reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich to adopt the following Resolution opposing the
budget cuts in programs which assist older Americans.
RESOLUTION NO. 301-1995
See Res. Book No. 127 which is incorporated herein by reference.
GROWTH MANAGEMENT DIVISION
Development Review Coordinator and Interim Director of
Planning, Antonia Gerli and County Engineer, Dave Koppel,
addressed the Board concerning the Staff ranking of Intermodal
Surface Transportation Efficiency Act (ISTEA) grant proposals.
Motion was made by Commissioner London and seconded by
Commissioner Harvey to place the Sugar loaf Key bicycle path on
the ISTEA list at a maximum amount of $500,000 and to be ranked
as #1. Roll call vote was unanimous.
95/260
The Board referred the Sugarloaf Bicycle Path Project
to Dave Koppel to be considered in the County's 7 Year
Transportation Project.
Motion was made by Commissioner Douglass and seconded
by Commissioner Harvey to approve the ranking of the ISTEA list,
as amended. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner London to approve the selection of steve Henson as
the temporary (6 months) replacement for Frank Toppino on the
Contractors Examining Board. Roll call vote was taken with the
following results:
commissioner Douglass No
Commissioner Harvey Yes
Commissioner London No
Commissioner Reich Yes
Mayor Freeman Yes
Motion carried.
Board on
(BKHAHC)
Areas".
Growth Management Director, Bob Herman, updated the
the progress of the Boot Key Harbor Ad Hoc Committee
and the Request for Proposals for "Vessel Service
No official action was taken.
COMMISSIONERS' ITEMS
Motion was made by Commissioner London and seconded by
Commissioner Douglass approve the following procedure for the
final selection of firms presenting qualifications to the Monroe
County Commission:
1. County staff are to review proposals from firms
applying for consideration and rank the final three
or four firms. staff should provide written
proposals to the Commission for review a minimum of
one week prior to the Commission meeting where
action is to be taken.
2. Firms make a formal presentation to the County
Commission observing a 15 minute time limit,
excluding a 5 minute set up time. A question and
answer period will follow with firms cautioned to
keep answers brief and focused.
3. FOllowing the last presentation and question and
answer period, there will be a short 10 minute
break to allow Commissioners ample time to review
all material.
95/261
4. The final decision will be secure by written ballot
where Commissioners will identify their
preferences. The Commission will direct staff ta
negotiate a contract with the firm having the
lowest point total. Second and third choices will
also be identified to be available for
consideration should the county be unable to reach
a contract with their first choice.
5. Copies of these guidelines will be provided to
competing firms in advance of the Commission
meeting.
After Board discussion, the motion was withdrawn.
Motion was then made by Commissioner Douglass and seconded by
Commissioner London to refer the above matter to the County
Attorney for review. Motion carried unanimously.
COUNTY ADMINISTRATOR
Acting County Administrator, Peter Horton, addressed
the Board concerning the confirmation of the selection for the
position of Director of the Monroe County Library. Motion was
made by Commissioner London and seconded by Mayor Freeman
confirming the Administrator's selection of Alva D. Henehan, Jr.
as Monroe County Library Director. Motion carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner Douglass and seconded
by Commissioner London to adopt the following Resolution setting
date, time and place for public hearing for proposed abandonment
of a portion of Caribbean Drive, Summerland Key Cove, Summerland
Key, Florida. Motion carried unanimously.
RESOLUTION NO. 302-1995
See Res. Book No. 127 which is incorporated herein by reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner London to not approve a Resolution setting date,
time and place for a public hearing for the proposed abandonment
of a portion of Holly Lane, Sugar loaf Shores, section F. Monroe
County, Florida. After Board discussion, the motion was
withdrawn. Motion was then made by Commissioner London and
seconded by Commissioner Douglass to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 303-1995
See Res. Book No. 127 which is incorporated herein by reference.
95/262
commissioner Reich discussed a letter she received from
the Florida Lottery concerning an Education Video.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
~c.
Deputy Clerk
~~~