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10/18/1995 Regular 95/320 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, October 18, 1995 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9 a.m., on the above date, at the Key West Holiday Inn Beachside. Present and answering to roll call were Commissioners Keith Douglass, Jack London, Mary Kay Reich and Mayor Shirley Freeman. Also present were Danny Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS The Board presented an appreciation plaque to Mayor Samuel J. Feiner, for his many years of public service to the County. Employee of the Month Award was presented to Christine Diaz, Human Resources Department, Management Services Division, for the month of June, 1995. Employee of the Month Award was presented to Tanya Carbonell, Personnel Department, Management Services Division, for the month of August, 1995. A Proclamation was presented proclaiming the month of October, 1995, as National Physical Therapy Month in Monroe County. A Proclamation was presented proclaiming the month of October as Child Health Month in Monroe County. 95/321 A Proclamation was presented proclaiming the week of October 22nd thru October 27, 1995 as Exceptional Student Education Week 195. Harry F. Knight, Tax Collector, presented the Annual Report and the following distribution of Excess Fees in the total amount of $1,856,151. Board of County Commissioners Mosquito Control District Monroe County Translator General Purpose Fund Municipal Service Dist-Plantation Key Municipal Service Dist-So.Key Largo Lower/Mid Keys Fire/Ambulance Dist. Municipal Service Dist. South Florida Water Mgmt. Dist. Tourist Development Tax BULK APPROVALS $1,583,297 48,260 3,712 35,267 7,425 11,137 55,684 9,281 53,828 48,260 Motion was made by Commissioner Douglass and seconded by Commissioner London to approve the following items by unanimous consent: Board granted approval of a Contract Addendum extending the expiration date for the Florida Communities Trust grant for Coco Plum Beach. Board adopted the following Resolution approving standard forms of a contract for the purchase of real property. RESOLUTION NO. 365-1995 See Res. Book No. 128, which is incorporated herein by reference. Board granted Approval of an Agreement between Monroe County and U.S. Fish and Wildlife Service to provide assistance in the maintenance of County property purchased with the Comprehensive Plan grant. Board granted approval to award bids for fire/rescue equipment to the lowest bidder per item/unit for Municipal Services Taxing Districts 5 and 6. Said bidding list is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 366-1995 See Res. Book No. 128, which is incorporated herein by reference. 95/322 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 367-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 368-1995 See Res. Book No. 128, which is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Clean Florida Keys, Inc., to provide disbursement of funds from the Litter and Marine Debris Prevention Grant. Board granted approval to implement an increase in long term parking fees at the Key West International Airport beginning November 1, 1995. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and Florida Department of Transportation to provide 50% funding for the Key West International Airport Noise Buffer Project. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Federal Express for rental space at the Key West International Airport. Board granted approval and authorized execution of a Purchase Service Order for Greiner, Inc., to provide consulting services for the Key West International Airport Salt Pond Enhancement Project. Board granted approval and authorized execution of a Purchase Service Order for Greiner, Inc., to provide consulting services for the Key West International Airport Noise Buffer Project. Board granted approval and authorized execution of a Renewal Parking Lot Management Agreement between Monroe County and Republic Parking to operate the parking lot at the Key West International Airport. Board granted approval of the Republic Parking System operating budget for parking lot management at the Key West International Airport for the period November 1, 1995 through October 31, 1996. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Justo Maqueira for 95/323 rental of office space at 3127 Riviera Drive, Key West, for the Job Training Partnership Act/Career Opportunity Center. Board granted approval of settlement of a Code Enforcement Case L5-91-107 (Ramon Fernandez), as outlined in a letter from attorney Al Frigola, in the total amount of $8,082.00. Board granted approval and authorized execution of a USDA Rate Agreement #US-651, between Monroe County Nutrition Program and the Alliance for Aging, Inc. This Agreement provides reimbursement for meals served to clients on the congregate and home delivered meals programs. Board granted approval and authorized execution of a Senior Community Service Employment Program (SCSEP) Modification of a Subgrant Budget, between Monroe County and The National Council on the Aging, Inc., in the amount of $10,400.00. The National Council on the Aging, Inc., has agreed to increase funding without any further costs to the County. Board granted approval and authorized execution of a Project Agreement between Monroe county and the Florida Department of Environmental Protection Derelict Vessel Program, for the removal of selected derelict vessels for 1996. Board granted approval and authorized execution of a Contract Agreement between Monroe County and spirit Marine Towing and Assistance for the installation of ten (10) buoys to be installed off of Jolly Rogers Estates, Little Torch Key, in the amount of $4,237.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and spirit Marine Towing and Assistance for the installation of eight (8) buoys, twelve (12) signs and one (1) piling in Tavernier Creek, in the amount of $8,469.00. Board granted approval and authorized execution of an Addendum to the Agreement between Monroe County and Arnold's Towing for a 45 day time extension for the project known as Derelict Vessel Removal 1995 due to bad weather conditions. Board adopted the following Resolution authorizing the filing of a Grant Application with Florida Department of Environmental Protection Boating Improvement Funds and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing and Assistance for the installation of seven (7) channel markers in Coco Plum Channel, in the amount of $10,498.00. RESOLUTION NO. 369-1995 95/324 See Res. Book No. 128, which is incorporated herein by reference. Board granted approval and authorized execution of a Project Agreement between Monroe county and Florida Department of Environmental Protection for the emergency repair of Channel Marker #13 in Windley Key Channel. Board granted approval and authorized execution of a Project Agreement between Monroe County and Florida Department of Environmental Protection Boating Improvement Funds for the replacement of channel marker signage in Indian Key Channel. 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 installation of eight regulatory buoys, twelve regulatory signs, and one piling in Tavernier Creek. RESOLUTION NO. 370-1995 See Res. Book No. 128, 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 installation of ten regulatory buoys off of Jolly Rogers Estates, Little Torch Key. RESOLUTION NO. 371-1995 See Res. Book No. 128, which is incorporated herein by reference. Board granted approval and authorized execution of a Corrected Project Agreement, Contract No. B9541, between Monroe County and the State of Florida Department of Environmental Protection, Boating Improvement Program, for the emergency repair of Channel Marker #2 in Tamarac Park. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds to rollover grants into FY 96 - Growth Management Division. RESOLUTION NO. 372 -1995 RESOLUTION NO. 373-1995 RESOLUTION NO. 374-1995 RESOLUTION NO. 375-1995 RESOLUTION NO. 376-1995 RESOLUTION NO. 377-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds for FY 96 Key West DARE Program. 95/325 RESOLUTION NO. 378-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds FY 96 - General Fund. RESOLUTION NO. 379-1995 RESOLUTION NO. 380-1995 RESOLUTION NO. 381-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds FY 95. RESOLUTION NO. 382-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds FY 96. RESOLUTION NO. 383-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for FY 95 (Fine & Forfeiture) RESOLUTION NO. 384-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for FY 95. (Municipal Service District - Environmental Management.) RESOLUTION NO. 385-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the transfer of Funds for personnel services FY 95. (Worker's Compensation and Risk Management.) RESOLUTION NO. 386-1995 See Res. Book No. 128, which is incorporated herein by reference. Board accepted the Proof of Publication for the public notice of Unclaimed bond Monies approving the acceptance of $11,480.27 on Unclaimed bond Monies currently in the custody of Richard D. Roth, Sheriff of Monroe County. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds FY 96. (Rollover of grant funds for Key West and Marathon Airport.) 95/326 RESOLUTION NO. 387-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds. (Cost Center 010000 BOCC and 110000 Promotional Advertising, General Fund 001.) RESOLUTION NO. 388-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for FY 95. (Group Insurance.) RESOLUTION NO. 389-1995 See Res. Book No. 128, which is incorporated herein by reference. Board granted approval and authorized execution of renewal of an Agreement between Monroe County and the u.S. Navy for Animal Control Services. The u.S. Navy will pay the amount of $400.00 per month. Board granted approval of Award of Bid and authorized execution of a contract between Monroe County and General Asphalt, Inc., for Key Largo Roads XI Roadway Improvements, in the amount of $333,110.20. Board granted approval of a Purchase Order for GEMA Construction, Inc., to renovate the Tavernier Fire Station, in the amount of $29,335.00. Board granted approval to remove the following items from the inventory of Public Works and authorized the disposal of same: Countv I.D. # Description 0910-020 1803-383 Serial #JK9517693 Sears Window AIC Unit Window AIC Unit Window AIC Unit Board granted approval to enter into a lease agreement with a Deputy Sheriff appointed by the Monroe County Sheriff's Department to reside in the modular home to be placed on Bernstein Park, for an amount of rent and utilities totaling $400.00 per month, and authorization for the Mayor to execute the lease agreement for same. Board granted approval to advertise for bids for contracted janitorial service at the Public Service Building on Stock Island. Board granted approval to advertise for bids for one 95/327 new rotary deck type articulated boom mower for the Road Department. Board granted approval to purchase from Florida state Contract, one 1995 F800 Diesel Flatbed Dump Truck, in the amount of $36,989.00. Board granted approval and authorized execution of a Joint Use Fueling Facilities Agreement Amendment between Monroe County and the Monroe County School Board, for joint use of fueling facilities. Board granted approval for the Fantasy Fest '95 organization to close the Thomas Street parking lot in Key West on October 28, 1995, from 3 p.m. to midnight, for the staging of floats for the parade, per Staff recommendations. Board granted approval to waive all user and cleanup fees for the 14th Annual Island Jubilee, sponsored by the Key Largo Chamber of Commerce, to be held at Harry Harris Park on November 10-13, 1995, per staff recommendations. Board adopted the following Resolution regarding the Transfer of Funds. (Emergency Management Trust Fund.) RESOLUTION NO. 390-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution regarding the Receipt of Unanticipated Funds. (SFETC Intake.) RESOLUTION NO. 391-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution authorizing the filing of a Grant Application concerning State Aid to Libraries with the Florida Department of State, Division of Library and Information Services, and authorizing the Mayor to execute same. RESOLUTION NO. 392-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds FY 95. (HUD $700.67) RESOLUTION NO. 393-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 394-1995 95/328 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds FY 96. (Rollover of grant funds for The National Council on the Aging.) RESOLUTION NO. 395-1995 See Res. Book No. 128, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds for FY 95. (CSAT-Grant) RESOLUTION NO. 396-1995 See Res. Book No. 128, which is incorporated herein by reference. Board approved to rescind Board action of 6/22/95 wherein a Wayne minibus, County I.D. # 0977-117 was approved as surplus, and transfer said minibus to Public Works Facilities Maintenance. Board granted approval of a variance to apply residential venting requirements to a nonresidential structure - Fire/Rescue Training Facility. Board granted approval of a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation on Lot 7, Block 27, Port pine Heights, second addition, Big pine Key (Monika Buhse). Board granted approval of a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation on Lot 17, Block 3, Harbor Course, Section 4, Ocean Reef, Key Largo (C. Austin Watson). Board granted approval and authorized execution of a Project Application for a grant from the Florida Department of Environmental Protection Artificial Reef Program, for the Dixie Shoals artificial reef project. Board granted approval to apply for a grant through the Florida Department of Environmental Protection, Office of Waterway Management, to complete a Channel Marking Plan for the Florida Keys. Board adopted the following Resolution endorsing the Federal Highway Administration urbanized area maps for Key Largo and Marathon, Florida. RESOLUTION NO. 397-1995 See Res. Book No. 128, which is incorporated herein by reference. Board granted approval to remove the following items 95/329 from the inventory of the Planning Department and advertise for bids: County 1.0. # Description 1001-391 None 1001-391 Apple MacIntosh & Mouse Apple Keyboard Apple RGB Monitor Board adopted the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, an Agreement between the Florida Department of Community Affairs, Monroe County, and Oceanside Isle General Partnership, owner, and Upper Keys Marine Construction, General Contractor, concerning a part of Government Lot 1, Section 27, Township 64, Range 35, Long Key Bight, Long Key, Monroe County, Florida, Approximately Mile Marker 70. RESOLUTION NO. 398-1995 See Res. Book No. 128, which is incorporated herein by reference. Board granted approval to submit applications to place channel markers on Kemp Channel between Summerland Key and Cudjoe Key. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe County and Florida Floats & Events, Inc., d/b/a King Orange Float Company, to provide 1996 Parade Float in the amount of $46,500.00, FY 96 Two Penny, to be utilized in the King Orange Jamboree Parade (12/31/95) in Miami, Tampa Gasparilla (2/96), Ft. Myers Edison Pageant of Light Parade (2/96), Plant City Strawberry Festival Parade (3/96), st. Petersburg Festival of Light Parade (4/96), Bradenton Heritage Parade (4/96), and for the previously constructed 1995 Parade Float to be utilized in the Key West Fantasy Fest Parade (10/95). Board granted approval and authorized execution of an Amendment to an Interlocal Agreement between Monroe County and the City of Key West for an amount not to exceed $42,510.00, FY 96, DAC I, Third Penny, for Smathers Beach, Phase II, for sand replenishment. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Universal Beach Services Corp., not to exceed $14,820.00, FY 96, DAC I, Third Penny, for cleaning of C.B. Harvey/Rest Beach. Board adopted the following Resolution concerning the Transfer of Funds. 95/330 RESOLUTION NO. 399-1995 See Res. Book No. 128, which is incorporated herein by reference. Board granted approval and authorized execution of a Turnkey Event Agreement between Monroe County and Super Boat Racing, Inc., covering Key West World Championship Race, November 3 through 10, 1996, in an amount not to exceed $41,000.00, FY 96, Third Penny. Board granted approval and authorized execution of a Destination Funding Agreement between Monroe County and Keys Communication Group, Inc., covering the 5th Annual Key West Theatre Festival, October 2 through 13, 1996, in an amount not to exceed $25,000.00, FY 96, Third Penny. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Florida Keys Corvette Club, covering the Third Annual "Corvettes In Paradise", November 9-10, 1996, in an amount not to exceed $3,000.00, FY 96, Third Penny. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Hawk's Cay Resort, covering Hawk's Cay United Way Dolphin Scramble, September 14-15, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Islamorada All Tackle Bonefish Tournament, October through 11, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $2,900.00 Board granted approval and authorized execution of a Funding Agreement between Monroe County and Holiday Inn Key Largo, covering the 6th Annual Key Largo Holiday Inn Dolphin Tournament, August 23 through 25, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $5,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Tom Siska, Treasurer, covering the Gold Cup Tarpon Tournament, June 16 through 21, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $2,500.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Redbone, Inc., covering Mercury Outboards Southernmost Light Tackle Anglers Masters (S.L.A.M.), September 6 through 8, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $11,500.00. 95/331 Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key Largo Dolphin Derby, covering the 12th Annual Dolphin Derby Charity Fishing Tournament, July 12 and 13, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $5,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and The Tavernier Creek Marina covering the 15th Annual Tavernier Creek Marina Dolphin Rodeo, June 14-16, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $6,500.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Fishing and Conservation Trust (F.A.C.T.) covering Metropolitan South Florida Fishing Tournament - Mini Met, December 2, 1995, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $2,500.00. Board granted approval and authorized execution of a Funding Agreement between Redbone, Inc., covering Mariner Outboards Baybone, October 18 through 20, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $16,800.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Keys Classic Anglers Tournament, covering Texaco/Hemingway Key West Classic, May 1 through 4, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $21,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Lower Keys Chamber of Commerce, covering Big pine and Lower Keys Dolphin Tournament, June 14 through 16, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $5,200.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Cheeca Lodge, covering the 7th Annual Cheeca Lodge Presidential Sailfish Tournament, January 18 through 20, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $6,800.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Marina Del Mar, covering Coconuts Dolphin Tournament, May 17 through 19, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $10,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Islamorada Charter 95/332 Boat Association, Inc., covering the Islamorada Sailfish Tournament, November 30 through December 3, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $6,500.00. Board granted approval of a Funding Agreement between Monroe County and Italian Fisherman Marina, covering the Italian Fisherman Dolphin Tournament, July 26 through 28, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $8,500.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Pigeon Key Foundation, covering the Pigeon Key Benefit Tournament, February 20 through 24, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $5,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Cheeca Lodge, covering the Third Annual George Bush/Cheeca Lodge Bonefish Tournament, August 19-20, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $5,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Holiday Isle Resort & Marina, covering the 10th Annual Holiday Isle Sailfish Tournament, February 2 through 4, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $5,000.00. Board granted approval and authorized execution of Funding Agreement between Monroe County and Holiday Isle Resort and Marina, covering the 12th Annual Holiday Isle DOlphin Tournament, June 2 through 4, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $5,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Key West Fishing Tournament, covering the Key West and Lower Keys Fishing Tournament, May 1 through November 30, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $41,400.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Women's World Invitational Fly Championship, covering the Women's World Invitational Fly Championship, June 11 through 14, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $6,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key West Gator 95/333 Club, covering the 6th Annual Key West Gator Club Scholarship Dolphin Derby, June 22 and 23, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $6,500.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Joe's/Galleon Marina Fishing Round-Up covering Sloppy Joe's/Galleon Marina Fish Round-Up, October 10-13, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $6,800.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Redbone, Inc., covering Mercury Outboards Redbone, November 3 through 5, 1995, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $19,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Florida Keys Renaissance Faire, Inc., covering Florida Keys Renaissance Faire XII, January 8 through 15, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $5,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Lower Keys Chamber of Commerce, covering the 2nd Annual Historic Seacraft Race and Festival, August 31, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $3,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Old Island Restoration Foundation, Inc., covering the House and Garden Tours, December 15-16, 1995; January 26-27, 1996; February 16-17, 1996; March 1-2, 1996 and July 19-20, 1996; FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $9,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Key West Council on the Arts, covering Impromptu Concerts, November 1995 through April 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $1,800.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Lower Keys Chamber of Commerce, covering Island Art Fair, December 9, 1995, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $2,300.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Marathon 95/334 Chamber of Commerce, covering Pirates Festival, May 3 through 5, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $10,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Florida Keys Community College, covering Tennessee William's Fine Arts Center 1995-1996 Season, November 18, 1995 to April 28, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $12,500.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Lower Keys Chamber of Commerce covering the Underwater Music Festival and Seafood Fest, July 13, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $5,500.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Pigeon Key Foundation covering Pigeon Key Art Fest, February 10-11, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $5,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Lower Keys Chamber of Commerce, covering Big Pine Key Founder's Day, May 18, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $3,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Old Island Days Art Festival, covering Old Island Days Art Festival, February 24-25, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $2,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key west Craft Show, covering the Key West Craft Show, January 27-28, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $1,250.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key West Players, covering Waterfront Playhouse, September 1995 through June 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $17,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Red Barn Theatre, covering Red Barn Theatre/Live Theatre, October 1995 through June 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $24,000.00. 95/335 Board granted approval and authorized execution of a Funding Agreement between Monroe County and Key west Literary Seminar, Inc., covering Key West Literary Seminar, January 11-15, 1996, FY 96, Two Penny, allocated under the Cultural Umbrella, in an amount not to exceed $10,000.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Little Palm Island, covering Little Palm Island Grand Slam Tournament, September 18 through 21, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $6,400.00. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Tournament Bait and Tackle, covering the Marathon Sailfish Classic, November 10 through 12, 1996, FY 96, Two Penny, allocated under the Fishing Umbrella, in an amount not to exceed $6,000.00. COMMISSIONERS' ITEMS Board granted approval of Mayor Freeman's appointment of Daphne Farago as the Board's appointee as a panel member for the design competition for the Key West AIDS Memorial, Inc. The panel's design recommendations will be given to the Key West City Commission for ratification. Board granted approval of an endorsement of a Low Income Housing Tax Credit letter. Board granted approval of Commissioner London's appointment of Gale Killion, to replace Donna Glenn on the Florida Keys Handicapped Council. Board granted approval of two proposed names for two previously unnamed channels near Indian Key to be as follows: The channel running along the north side of US #1 be named "Parker-Pinder Channel", and the channel running along the south side be named "Russell Channel". These suggestions to be forwarded by staff to the United States Geological Survey along with background information Board granted approved for the Marathon High School Homecoming Parade to be held October 27, 1995, from 2:00 p.m. to 3:00 p.m., and to use U.S. #1 from 20th Street to 53rd Street, Marathon. Board granted approval and authorized execution of a Sublease between Monroe County and the Islamorada Chamber of Commerce for a parcel of land situated on Upper Matecumbe Key. The Florida Department of Transportation owns said property who leases it to the County who subleases it to the Islamorada ~ ca.'J \ S \o~ 95/336 Commerce for a parcel of land situated on Upper Matecumbe Key. The Florida Department of Transportation owns said property who leases it to the County who subleases it to the Islamorada Chamber of Commerce. Board granted approval of the Florida Association of Counties support of a county-option proposal which would permit a broader participation of counties in assisting in the administration of a state Medicaid program and directs staff to send letters to Chairman Ben Graber of the House Health Care Committee as well as members of the legislative delegation. Board granted approval of Commissioner London's appointment of Mike Puto to the Tourist Development Council to ~ replace Mayor Mickey Feiner. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici, in the amount of $600.00; Care Center for Mental Health, in the amount of $950.00; Leslie Morgan, in the amount of $585.00; Guidance Clinic of the Middle Keys, in the amount of $600.00; David Nathanson, in the amount of $375.00. COURT APPOINTED ATTORNEY'S, Manuel Garcia, in the amount of $3,858.75; Timothy Thomes, in the amount of $252.00; Margaret Broz, in the amount of $427.15; Candida Cobb, in the amount of $708.75; Crimella & Hamilton, in the amount of $1,012.50; Stephen ISherwood, in the amount of $581.25; Margaret Tobin Mills, in the amount of $3,673.80; David Manz, in the amount of $2,456.75; Larry Erskine, in the amount of $350.00; Jason Smith, in the amount of $1,368.75; Marci Rose, in the amount of $1,673.14; William Kuypers, in the amount of $4,110.00. OTHER EXPENSES, Louis Spallone, in the amount of $2,000.00; Witness Lodging, in the amount of $401.00; State of Florida, in the amount of $333.00; sid White, Clerk, in the amount of $250.00; David Burns Investigations, in the amount of $350.00. COURT REPORTERS, Assoc. Court Reporting, in the amount of $7,218.50; Fl. Keys Reporting, in the amount of $1,652.00; Lisa Roeser, in the amount of $327.00; Soon Schunot, in the amount of $222.75; Monroe County General/Ct. Admin., in the amount of $122.50; Juli Carr, in the amount of $624.24; Amy Landry, in the amount of $837.00; Hill Reporting Serv., in the amount of $795.00; Laws Reporting, in the amount of $40.00; Nichols & Hardy, in the amount of $841.50; Mary Skinner, in the amount of $291.00. 95/337 of $40.00; Jose Menendez, in the amount of $510.00; William Waddell, in the amount of $665.00; Elizabeth Diaz, in the amount of $125.00. TRAVEL EXPENSES, witness Travel, in the amount of $3,311.77. REGULAR WITNESS FEES, witness Payroll, in the amount of $428.99. COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND - TIB BANK (001), #106, in the amount of $11,000.00 COMMUNITY DEVELOPMENT BLOCK GRANT (100), #132-#134, in the amount of $129,046.54 SUPPLEMENT TO GENERAL REVENUE FUND (002), #598-#602, in the amount of $121,793.5 FINE & FORFEITURE FUND (101), #1629-#1633, in the amount of $395,010.24 ROAD AND BRIDGE OPERATING (102), #913-#918, in the amount of $406,275.36 LAW LIBRARY FUND (103), #501-#504, in the amount of $1,700.09 TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #962-#966, in the amount of $544,484.77 FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #219-#220, in the amount of $1,162,996.78 MSD TAXING DISTRICTS (145,146,141), #870-#874, in the amount of $529,767.81 TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #547-#551, in the amount of $43,212.68 UPPER KEYS TRAUMA DISTRICT (144), #294-#298, in the amount of $18,326.21 PLANNING,BUILDING,& CODE ENFORCEMENT/ PARKS & BEACHES UNINCORPORATED (147,148) #582-#588, in the amount of $401,565.25 VENETIAN SHORES SPEC RD DIST & 95/338 DUCK KEY SECURITY (149/152), #102-#103, in the amount of $4,337.83 MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1066-1039, in the amount of $22,585.00 COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304), #816-#821, in the amount of $860,232.05 CARD SOUND BRIDGE FUND (401), #621-#625, in the amount of $132,201. 49 AIRPORT OPERATION & MAINTENANCE FUND (403/404), #973-978, in the amount of $125,088.90 MSD PLEDGED FUNDS (414), #481-#485, in the amount of $1,171,899.09 WORKERS COMPENSATION FUND (501), #4318-#4324, in the amount of $37,914.95 GENERAL REVENUE FUND (001), #245941-248149, in the amount of $13,561,227.67 MONROE COUNTY GROUP INS FUND (502), #775-#782, in the amount of $767,887.98 RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504), #379-#384, in the amount of $442,856.51 Board approved the County Commission Meeting Minutes of September 7, 11 and 14, 1995 meeting minutes. Board granted approval and authorized execution of an Agreement between Monroe County and The Lower Florida Keys Health System, Inc., for reimbursement of expenditures incurred in response to immigration emergencies for the period January 1, 1994 through December 31, 1994, in the amount of $80,125.65. COUNTY ADMINISTRATOR Board granted approval to advertise a Request for Proposal for the provision of administrative services for the Group Benefits Program. The Request for Proposal will include the requirement that the successful bidder have the ability to reorganize the plan document and administrative techniques for a more efficient and economical program. Board granted approval to advertise a Request for Proposal for the provision of pharmaceutical services to the 95/339 Proposal for the provision of pharmaceutical services to the employees of Monroe County as a part of the Group Benefits Program. Board granted approval of the revised Capital Improvements Plan, said plan is incorporated herein reference. Board granted approval of the 1996 Board of County Commissioners' meeting dates and locations. 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 Kings Cove Road, Little Torch Key, Florida. RESOLUTION NO. 400-1995 See Res. Book No. 128, which is incorporated herein by reference. Board granted approval to advertise an ordinance en)olning the acceptance of substituted service of process by any county employee on behalf of another county employee, the County Attorney, the County Administrator, Clerk of Courts, or a County Commissioner; prohibiting the authorization of any county employee to accept service of process for another; requiring that any county employee served to immediately forward a copy of such document to the office of the County Attorney; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of ordinances; and providing an effective date. Board granted approval to advertise an ordinance amending Section 16-26, Monroe County Code, in order to adopt the 1995 edition of the Monroe County Public Works Manual for work within the county right-of-ways and to provide that future revisions of the manual may be adopted by Resolution; providing for severability; providing for incorporation into the Monroe County Code of Ordinances; providing for the repeal of all ordinances inconsistent herewith; and providing an effective date. Board granted approval to advertise an ordinance amending Section 6-60(3) a., authorizing the Building Official to issue a Temporary Certificate to a Master or Journeyman who applies for a Reciprocal Certificate; 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. 95/340 Board granted approval of the County's consent to cancel Unity of Title documents. Board granted approval to advertise an ordinance amending Ordinance No. 016-1994, in order to provide that owners of lots in the Cudjoe Gardens Municipal Service Culvert District that are unbuildable due to private restrictive covenants are subject to district non-ad valorem assessments if the owners record similar restrictive covenants in favor of Monroe County; providing for severability; providing for the repeal of ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Please note: This matter is reconsidered later in the meeting. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS commissioner Reich discussed with the Board the approval to authorize James L. Roberts, County Administrator, to act as Records Management Liaison Officer for Monroe county Board of County Commissioners. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of the item. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of the following Human Service Organization Agreements for Fiscal Year 1996: Monroe Association for Retarded Citizens, in the amount of $30,695. Literacy Volunteers of America - Monroe County, Inc., in the amount of $5,000. American Red Cross, Lower Keys Branch, in the amount of $10,000. U.S. Fellowship of Florida, Inc., "Heron", in the amount of $25,000. Guidance Clinic of the Middle Keys, Inc., in an amount not to exceed $501,266. American Red Cross of the Upper Keys, in the amount of $15,000 and subject to receipt of an audit. Help Line, Inc., in the amount of $21,000. 95/341 Guidance Clinic of the Upper Keys, Inc., in the amount of $87,859. $8,000. Florida Keys Outreach Coalition, Inc., in the amount of Big Brothers-Big sisters of Monroe County, Florida, in the amount of $20,010. $50,000. Hospice of the Florida Keys, Inc., in the amount of Care Center for Mental Health of the Lower Keys, Inc., in the amount of $214,629. Wesley House, in the amount of $25,000. Domestic Abuse Shelter, Inc., in the amount of $23,000. 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 Holly Lane, Sugarloaf Shores, Section F, Monroe County, Florida. There was no public input. Motion was made by Commissioner London and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 401-1995 See Res. Book No. 128 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 10-22(a), Monroe County Code, in order to provide for an increase from $7.50 to $15.00 to the amount added to the filing of a civil case in law for the support of the law library; 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 Reich and seconded by Commissioner London to adopt the following Ordinance. ORDINANCE NO. 044-1995 See Ord. Book No. 37 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 2-299(F); Revising the manner of appointments to District Advisory Committees; Providing for 95/342 severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. The following individuals addressed the Board: Tom Holt, representing Key West Inn Keepers Association; Jack Martin, President of the Greater Key West Chamber of Commerce; Bob Layman, President of the Key West Hotel/Motel Association; Frank Romano, Chief Executive Officer of Key West Aloe; Matthew Babich, General Manager of Old Town Resorts; Ed Swift, Scott Marr, and Mike Ingraham, President of the Tourist Development Council. After Board discussion, motion was made by Commissioner Douglass and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. ORDINANCE NO. 045-1995 See Ord. Book No. 37 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending section 6.6-6(b), Monroe County Code, in order to adopt the 1994 edition of the National Fire Protection Association Life Safety Code 101, as the Life Safety Code for unincorporated Monroe County, Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. There was no public input. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 046-1995 See Ord. Book No. 37 which is incorporated herein by reference. A Public Hearing was held concerning adoption of 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; 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. 047-1995 95/343 See Ord. Book No. 37 which is incorporated herein by reference. A Public Hearing was held concerning adoption of 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 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; 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. 048-1995 See Ord. Book No. 37 which is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Reich and seconded by Mayor Freeman granting approval and authorizing execution of a Grant Agreement between Monroe County and the Department of Community Affairs for the Low-Income Home Energy Assistance Program (LIHEAP). Motion carried unanimously. County Administrator, James Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass Granting approval and authorizing execution of a Lease Agreement between Monroe County and the u.S. Postal Service on a two story frame building containing 2,410 square feet of net interior space located at 323 Fleming Street, Key West to house the Pre-Trial Services Office. Motion carried unanimously. Community Services Director, Peter Horton, Monroe County Construction Manager, Bill Bibo, and County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of a Contract Amendment, subject to final review by the County Attorney's Office, between Monroe County and David Volkert & Associates for Engineers/Architects Professional Services to develop design documents for the renovation of the Key West International Airport Terminal and to design a F.I.S. Facility and a HVAC/ELEC utility building; and adoption of the following Resolution for the Transfer of Funds. Motion carried unanimously. RESOLUTION NO. 402-1995 95/344 See Res. Book No. 128 which is incorporated herein by reference. Mr. Horton, Commissioner Reich, and Mr. Bibo discussed with the Board the approval of the Islamorada/Marathon Library construction contract between Monroe County and D.L. Porter Construction, Inc., at a total cost of $310,189. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of same. Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of Professional Service Industries, Inc., (PSI), proposal #P-397- 281 for Geotechnical Services for the Marathon HRS building. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of the Contract Agreement renewal between Monroe County and Keys Pest Control to provide Integrated Pest Management (IPM). to Monroe County Facilities, in the amount of $23,040 per year. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Scott Marr of the Tourist Development Council, addressed the Board concerning the issue of a Marketing Director position requested by the Council. Motion was made by Commissioner London and seconded by Commissioner Reich granting approval of the creation of the position of a Marketing Director for the Tourist Development Council at a salary not to exceed $115,000. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, updated the Board on Monroe County Year 2010 Comprehensive Plan with the new date of December 12, 1995 for the Plan to be considered by the Governor and Cabinet; a letter he received from the u.S. Army Corps of Engineers advising us they would be supplying funds and serving as Project Manager for completing the Habitat Conservation Plan (HAP) on Big pine Key; a letter he received from FEMA concerning structures below base flood elevation in which they have demanded a sixty day action plan to deal with the illegal structures; literature received from different communities concerning a system that is starting through the Insurance Commission to rate Building Departments; Sign Ordinance status where no additional input has been received and it will now go to the Development Review Committee; and a letter from the Florida Department of Transportation concerning a study their 95/345 doing being related to the Key Deer and not to find potential improvements to the road. An update on legal issues was presented by County Attorney James T. Hendrick. Mr. Hendrick discussed the FEMA letter received by Monroe County; the proposed Ordinance concerning Vacation Rentals dated October 18, 1995; Mariner's Resort, smith vs. Monroe county, Casino Cruise Ships at New Port Largo litigations; and the Barefoot Cay Floating community issue. After Board discussion, motion was made by Commissioner London and seconded by Commissioner Douglass directing the County Attorney and the Code Enforcement Department to prepare a comprehensive plan of how to best proceed with the process of hearing appropriate Code Enforcement cases before county judges. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. Community Services Director, Peter Horton, addressed the Board. Mr. Herman discussed with the Board the document entitled Monroe county Public Facilities Capacity 1995 Assessment prepared by the Monroe County Planning Department. Mr. Herman introduced Raj Shanmugam from Barton-Aschman Associates, Inc. who discussed with the Board the document entitled 1995 Arterial Travel Time and Delay Study Monroe County prepared by Barton- Aschman Associates, Inc., as it relates to the travel aspect of the Annual Assessment of Public Facility Capacity for 1995. Sarvando Parapar, representing the Florida Department of Transportation, addressed the Board. Motion was made by Commissioner London and seconded by Mayor Freeman requesting the Florida Department of Transportation conduct a study as to the liability of a stoplight at Shipsway and U.S.#l, on Big Pine Key, using the methodology consistent with other traffic analysis on Big pine Key. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the Monroe Countv Public Facilities Capacity 1995 Assessment, as amended. Said amendment as follows: Page 24 Improvements to Roadway Facilities 95/346 Type of Improvement Plantation - change from "2 to 4 lanes" to "2 to 3 lanes" in the section. Page 24 Change the word "to alleviate" to "could alleviate" in the sixth paragraph on the page. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. Motion was made by Commissioner London and seconded by Mayor Freeman granting approval and authorizing execution of a Letter of Engagement, as amended, initially entered into between Monroe County and the firm of Morgan & Hendrick dated December 8, 1992, to act as Special Litigation Counsel to the Board of County Commissioners and Special Counsel to Monroe County for legislative and State agency matters for Fiscal Year 1995-96 with a cap of $250,000. Said amendment as follows: Change the words "Morgan & Hendrick" to "Morgan & Brookes" throughout the document. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. Mr. Herman discussed possible Marine and Port Advisory Committee review of the Florida Keys National Marine Sanctuary Draft Management Plan and submission of comments to the Board of County Commissioners. H. T. Pontin, addressed the Board. No official action was taken. Mr. Herman addressed the Board concerning a request from Key Haven Parks and Recreation, Inc., to waive all building permits for development of a park in Key Haven. Chris Belland addressed the Board. No official action was taken. * * * * * 95/347 DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Mayor Shirley Freeman, Commissioner Jack London and Chairman Keith Douglass. Absent were Mayor Samuel Feiner and Commissioner Hal Halenza. Motion was made by Commissioner London and seconded by Mayor Freeman granting approval of award of bids for fire/rescue equipment to low bidder item/unit for Lower and Middle Keys Fire and Ambulance District. Said list is incorporated herein by reference. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. TOURIST DEVELOPMENT COUNCIL County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval and authorizing execution of a Funding Agreement between Monroe County and the San Pedro Women's Guild covering Art Under the Oaks, January 20, 1996, Fiscal Year '96, two penny, allocated under the Cultural Umbrella. Motion carried unanimously. DIVISION OF PUBLIC SAFETY Public Safety Director, Reggie Paros, briefed the Board on Monroe County's response to Hurricane Opal and advised the Board of the award of a grant in the amount of $50,000 for improvements to the Emergency Medical System. DIVISION OF ENVIRONMENTAL MANAGEMENT Acting Director of Environmental Management, Mike Lawn, reported to the Board Solid Waste and Recycling activities for Fiscal Year 1995. 95/348 TOURIST DEVELOPMENT COUNCIL The Board accepted Public input of Agenda item 1-1 regarding the analysis of the Tourist Development Council operation and the issue of a Marketing Director position. There was no public input. Please note: This item was approved earlier in the meeting. DIVISION OF PUBLIC WORKS Public Works Director, Dent Pierce, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval of changing the County's policy on Use of County Property to include a use and clean-up fee waiver for all school-aged children's (aged 18 and under) organized sports leagues requesting use of County Property. The provision in the policy shall read as follows: "All Monroe County Children's Sports Leagues (Aged 18 and under) are exempt from the fees but will have to perform their own clean up." Roll call vote was unanimous. Motion was made by Commissioner Douglass and seconded by Commissioner London granting approval of Staff recommendation, sUbject to further review by the County Attorney and County Clerk, to not renew the lease for the JDB Parking Lot at 420 Southard Street; and reimburse jurors when County parking facilities are full. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Community Services Director, Peter Horton, and Sheriff Rick Roth discussed with the Board a Joint Agreement between Monroe County and the Monroe County Sheriff's Department regarding grounds maintenance at the Marathon Airport using jail prisoners. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval of the request and approval to reject all bids received for the project. Roll call vote was unanimous. MISCELLANEOUS Nance Frank, Acting Chairperson for the Monroe County Arts Council updated the Board on the progress of the Council. No official action was taken. 95/349 COUNTY ATTORNEY County Attorney, James T. Hendrick, addressed the Board concerning adoption of a Resolution affirming the intent of the Land Development Regulations governing the use of residential properties in Improved Subdivision Districts. The following individuals addressed the Board: Harvey Cooper, H. T. Pontin, Alex Proctor, Linda Yorde, Joseph Kemp, Jay Marzella, representing the Lower Keys Chamber of Commerce; James Migliore, Eugene Paxton, representing the Monroe County Improved Subdivision Residential Homeowners Association, Inc.; Chuck Vowels, representing Vacation Rental Management; Carol Paxton, Patti Stanley, representing Island Villa Services Group, American Caribbean R.E., Monroe County Vacation Rental Managers, and Save Our Business; Capt. Michael Vaughn, Corine Lyons, and Matthew Helmerich. After Board discussion, motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Douglass Yes Commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. RESOLUTION NO. 328-1995 See Res. Book No. 128 which is incorporated herein by reference. MISCELLANEOUS Jim Smith, representing the South Florida Water Management District gave an update to the Board on actions by the District. COMMISSIONERS' ITEMS commissioner Reich discussed with the Board a request to waive a code enforcement lien for Louis Quirch for property located in Monroe County, Lot 3, Block C, White Marlin Beach, Lower Matecumbe Key. Community services Director, Peter Horton, and County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass to continue this matter to the next Board meeting in Key Largo and authorize Mr. Frigola, attorney for plaintiff Monroe County, to grant the defendant Mr. Quirch extra re.\I\S\of\ 95/350 time (40 days), for the filing of a response to the Complaint. Roll call vote was unanimous. COUNTY ADMINISTRATOR County Administrator, James Roberts discussed with the Board his review concerning the performance of the Group Insurance Program and the expense involved with it. Consultant, Lawton Swan of Interisk Corporation, addressed the Board on the progress to reform Monroe County's group benefits program. Mr. Roberts discussed with the Board progress on the study of the effect of the proposed Sanctuary Management Plan on Monroe County government. Mr. Roberts discussed with the Board the status of cancellation of cellular phones. Motion was made by Commissioner London and seconded by Mayor Freeman granting approval and authorizing execution of a Letter of Engagement, as amended, between Monroe County and the firm of Morgan & Hendrick for General civil Litigation Representation. Said amendment as follows: Change the words "Morgan & Hendrick" to "Morgan & Brookes" throughout the document. Roll call vote was taken with the following results: commissioner Douglass Yes commissioner London Yes Commissioner Reich No Mayor Freeman Yes Motion carried. COUNTY ATTORNEY Motion was made by Commissioner Douglass and seconded by Commissioner London to reconsider Agenda item S-7 concerning approval to advertise an Ordinance amending Ordinance No. 016- ~ 1994, in order to provide that owners of Lots in the Cudjoe Gardens Municipal Service Culvert District that are unbuildable due to private restrictive covenants are subject to district non- ad valorem assessment if the owners record similar restrictive covenants in favor of Monroe County. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Douglass to advertise an Ordinance amending Ordinance No. 016-1994, in order to exclude: Lot 1, Block 12, 95/351 Second Addition; Lots 1-11, Block 14, Third Addition; Lots 18-34, Block 16, Fifth Addition; and Lots 1-13, Block 17, Fifth Addition, from the Cudjoe Gardens Municipal Service Culvert District; Providing that owners of Lots in the Cudjoe Gardens Municipal Service Culvert District that are unbuildable due to private restrictive covenants are subject to district non-ad valorem assessment if the owners record similar restrictive covenants in favor of Monroe County; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and providing an effective date. Motion carried unanimously. County Attorney, James T. Hendrick, addressed the Board concerning the following litigation matters: Recovery of funds in bond estreature cases. Monroe County Detention Facility/Pomco litigation. Motion was made by Commissioner Douglass and seconded by Commissioner London authorizing the County Attorney to settle the pending Detention Center case litigation by releasing the remaining retainage in the approximate amount of $835,000 from which all delayed damage claims would be paid as well as all other retainages held under contracts involving other contractors litigating against the County. The retainage in the amount of $835,000 will be released to National Union Surety with all sides bearing their own costs and fees. The other retainages will be released to other contractor litigants in exchange for full releases. Roll call vote was unanimous. Commissioner London excused himself from the meeting. Action Taxi vs. Monroe County Mediation Agreement. Community Services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Reich authorizing the County Attorney to settle the claim per the Mediation Agreement. Roll call vote was unanimous with Commissioner London not present. Monroe County vs. Agency for Healthcare Administration; Avis vs. Monroe County; Marathon Aviation vs. Monroe County; and Monroe County vs. Post, Buckley, Schuh & Jernigan litigations. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County commissioners of Monroe County ~~kC. ~