11/21/1995 Regular
95/352
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, November 21, 1995
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 10 a.m., on the above date, at the Key
Largo Library. Present and answering to roll call were
Commissioners Keith Douglass, Wilhelmina Harvey, Jack London,
Mary Kay Reich and Mayor Shirley Freeman. Also present were
Danny Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James T.
Hendrick, County Attorney; James Roberts, County Administrator;
County Staff, members of the Press and Radio; and the general
public.
All stood for the Invocation and Pledge of Allegiance.
ORGANIZATIONAL MEETING
The Board held nominations of the selections of the
Chairman and Vice Chairman of the Commission. commissioner
Harvey nominated commissioner Reich. Mayor Freeman nominated
Commissioner London. Commissioner London declined the
nomination. Commissioner Douglass nominated Mayor Freeman.
Motion was made by Commissioner Harvey and seconded by
Commissioner London to close the nominations. Motion carried
unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to amend the Board's Administrative
Policies and Procedures concerning the selection of the Chairman
and Vice-Chairman of the Board of County Commissioners. Motion
carried unanimously.
The Board proceeded to ballot on the two nominees with
the lowest point total being selected with the following results:
Douglass Freeman Harvey Reich London Total
Reich 2 2 1 1 2 8
Freeman 1 1 2 2 1 7
The Clerk announced that, based on the tabulation of
the votes, Shirley Freeman was re-elected as Chairperson of the
Board of County Commissioners for the ensuing year.
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Mayor Freeman nominated Commissioner London to serve as
Mayor Pro Tem for the ensuing year and there being no other
nominations, commissioner London was duly elected.
Motion was made by Commissioner Douglass and seconded
by Commissioner Harvey to adopt the following Resolution
designating Mayor and Mayor Pro Tern for 1995-1996. Motion
carried unanimously.
RESOLUTION NO. 403-1995
See Res. Book No. 128 which is incorporated herein by reference.
Motion was made by Commissioner Douglass and seconded
by Commissioner Harvey to adopt the following Resolution
concerning signatures on warrants, legal documents and other
necessary documents, etc. Motion carried unanimously.
RESOLUTION NO. 404-1995
See Res. Book No. 128 which is incorporated herein by reference.
Motion was made by Commissioner London and seconded by
Commissioner Harvey to approve Additions, Corrections, and
Deletions to the Agenda. Motion carried unanimously.
PUBLIC HEARINGS
County Attorney, James T. Hendrick, and Nick Mulick,
representing the Florida Keys Electric Cooperative Associaton,
Inc., addressed the Board concerning the adoption of an Ordinance
granting the Florida Keys Electric Cooperative Association, Inc.,
a nonexclusive franchise for the area of Monroe County east of
the east end of the 7-Mile Bridge for construction, maintenance
and operation of electric supply system. Motion was made by
Commissioner Reich to adopt the revised Ordinance as submitted by
the Florida Key Electric Co-op. Motion died for lack of a
second.
Motion was made by Commissioner London and seconded by
Mayor Freeman adopt the Ordinance with amended language to be
inserted at the end of section 1, to read "Nothing herein impairs
the right of the Co-op to charge for the use of its poles by a
County Franchise which has the right by Franchise to occupy
County right-of-way"; in Section 5, extending the term to 15
years and excluding reference to the Maintenance Agreement. Roll
call vote was taken with the following results:
Commissioner Douglass No
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich No
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Mayor Freeman
No
Motion failed.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to adopt the revised Ordinance as submitted
by the FKEC. Roll call vote was taken with the following
results:
Commissioner Douglass No
Commissioner Harvey Yes
Commissioner London No
Commissioner Reich Yes
Mayor Freeman No
Motion failed.
Motion was made by Commissioner London and seconded by
Mayor Freeman adopt the fOllowing Ordinance with amended language
to be inserted at the end of Section 1, to read "Nothing herein
impairs the right of the Co-op to charge for the use of its poles
by a County Franchise which has the right by Franchise to occupy
County right-of-way"; in Section 5, extending the term to 25
years, and excluding reference to the Maintenance Agreement.
Roll call vote was taken with the following results:
commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London No
Commissioner Reich Yes
Mayor Freeman No
Motion carried.
ORDINANCE NO. 049-1995
See Ord. Book No. 37 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution renouncing and disclaiming any right of the County and
the Public in and to a portion of Inlet Drive, Sunset Waterways
Subdivision, Key Largo, Florida. Motion was made by Commissioner
Reich and seconded by Commissioner Douglass to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 405-1995
See Res. Book No. 128 which is incorporated herein by reference.
Donald Kosick, addressed the Board.
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 Buttonwood Lane, Hibiscus Park,
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Key Largo, Florida. There was no public input. Motion was made
by Commissioner Douglass and seconded by Commissioner London to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 406-1995
See Res. Book No. 128 which is incorporated herein by reference.
A Public Hearing was held concerning an Ordinance for
the creation of a boating restricted area (slow speed/minimum
wake zone) for Snake Creek, located between Windley Key and
Plantation Key. The following individuals addressed the Board:
Michael Sheen, Paul Rayfield, Matt Bellinger, Ted Tiemeyer,
Richard Nelson, Thomas T. Landreth. Motion was made by
Commissioner Douglass and seconded by Mayor Freeman to adopt the
following 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 the repeal of all
Ordinances inconsistent herewith; Providing for incorporation
into the Monroe County Code; and providing an effective date.
Roll call vote was unanimous.
ORDINANCE NO. 050-1995
See Ord. Book No. 37 which is incorporated herein by reference.
PRESENTATION OF AWARDS
Ty S~~roski, Planning Manager of the Department of
Community Affairs, presented to the Board a Proclamation
proclaiming the Florida Keys Overseas Heritage Trail as an
official Florida Greenway.
Gene Rhodus presented to the Board, in form of a gift,
a portrait of former County Commissioner Harry Harris to be
placed in one of the County Buildings. Fred Tittle, expressed
his remembrances of the former Commissioner to the Board.
A Presentation of the Employee of the Month Award was
presented to Gary Strait, Corrections Facilities Department,
Public Works Division, for the month of September, 1995.
A Proclamation was made proclaiming the month of
November, 1995, as National Hospice Month.
A Proclamation was made proclaiming the month of
November, 1995, as National Home Care Month.
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A Proclamation was made proclaiming November 26 to
December 2, 1995 as Aids Awareness Week.
A Proclamation was made proclaiming December 2 and 3,
1995 as World War II 50th Anniversary Commemoration Weekend.
A Proclamation was made proclaiming December 9 through
December 16, 1995 as Child Care Week.
BULK APPROVALS
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Dorothea M. Moorman for Block B, Lots 15-16, pine Heights
SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
John Douglas Prior and Susan R. Prior, his wife, for Block B,
Lots 17-19, pine Heights SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Charles L. Heller for Block C, Lots 6-7, pine Heights
SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
William H. Matthews c/o Sara Matthews for Block C, Lots 13-14,
Pine Heights SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Danny R. Watson and Carolyn Z. Watson for Block C, Lots 15-16,
Pine Heights SUbdivision, Big Pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
John Douglas Prior, Jr. and Merilyn C. Prior, his wife, for Block
C, Lot 20, pine Heights SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Nelson Martin Lissabet and Elsa Maria Lissabet for Block D, Lots
3-4, Pine Heights SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
John B. Lo Meo and Judith A. Lo Meo for Block D, Lots 11-12, pine
Heights SUbdivision, Big Pine Key.
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Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Carl E. Kittle and Phyllis A. Kittle, his wife, for Block D, Lot
19, Pine Heights SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
John M. Jordan and Connie Jordan for Block E, Lot 3, pine Heights
Subdivision, Big Pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Edward M. Healy for Block E, Lot 12, pine Heights SUbdivision,
Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Michael Zukowsky for Block E, Lot 24, pine Heights Subdivision,
Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Patrick D. Mahaney for Block F, Lot 14, pine Heights SUbdivision,
Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Anna Karabilo clo Anna Paluch for Block F, Lots 16-17, Pine
Heights SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
June M. Schuppert for Block F, Lot 25-26, pine Heights
Subdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Barry T. Sullivan and Robert J. Sullivan, Jr. for Block G, Lots
2-3, Pine Heights Subdivision, Big Pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Prosper J. Keagle for Block G, Lots 7-8, pine Heights
SUbdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Patricia Laurentis f/k/a Patricia Ann Newbrand for Block G, Lots
25-26, pine Heights Subdivision, Big Pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
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william Sexton and Connie Sexton for Block H, Lots 7-8, pine
Heights Subdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Rose Marine Connors for Cutthroat Harbor Estates, Block 3, Lots
47-48.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Richard Nelson and Donna Nelson for Block H, Lots 11-12, pine
Heights Subdivision, Big pine Key.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Frederick C. Feirn and Rosemarie E. Feirn, RE #109710-001400.
Board granted approval and authorized execution of an
Agreement for the Purchase of Lands between Monroe County and
Rupert G. Fantau and Mary C. Fantau, deceased, RE #108710-000000.
BULK APPROVALS/CONSENT AGENDA
Board granted approval and authorized execution of a
Contract between Monroe County and Barton Aschman Associates,
Inc., for the provision of general transportation planning
services, as funded and coordinated by a joint participation
agreement with the Florida Department of Transportation.
Board adopted the following Resolution confirming the
administrative boundary interpretation of the Interim Planning
Director in Land Use District Map Boundary Interpretation Number
99, a parcel of land in section 28, township 61 south, range 39
east on Key Largo, and further described by metes and bounds
(exhibit A) Monroe County, Florida, approximately mile marker
100.
RESOLUTION NO. 407-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval of a Flood Variance Application
to the Flood Hazard ordinance, submitted by Stanley Grivjack, for
placement of a limited bath facility below the base flood
elevation of lots 2 and 3, Block 3, Mate's Beach Plat No.6,
Little Torch Key.
Board granted approval of a Flood Variance Application
to the Flood Hazard Ordinance, submitted by Ken Mausolf, for a
detached garage enclosure greater than 300 SF below base flood
elevation, for parking only, on property located on lot 17, block
13, Key Largo Beach Addition.
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Board granted approval of a Flood Variance Application
to the Flood Hazard Ordinance, submitted by John D. Sahagian, for
placement of a limited bath facility below the base flood
elevation on lot 4, block 8, Windward Beach Estates, Little Torch
Key.
Board granted approval of a Flood Variance Application
to the Flood Hazard Ordinance, submitted by Dianne A. Thompson,
for placement of a limited bath facility below the base flood
elevation on lots 13, block 1, Yacht Club Island, Duck Key.
Board granted approval to advertise an Ordinance
creating a Construction Board of Adjustment and Appeals;
providing for appeals of the decisions of the Building Official
regarding interpretation of technical building codes applicable
to Monroe County; establishing the powers of the Board;
establishing appellate procedures; 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 of five Affordable Housing Deed
Restrictions, two approvals of transfer of buildable land to
Monroe County by Warranty Deed, and six Restrictive Covenants
restricting the property owner to having only one dwelling unit
on two contiguous lots. These documents have been filed by the
applicants for the first quarter allocation ending on October 13,
1995, under the requirements of the Dwelling Unit Allocation Text
Amendment (Ordinance 016-1992).
BULK APPROVALS
Board granted approval to remove a 1984 Toyota Van,
County I.D. #82433, from the inventory of the County Health
Department, Facilities Services, and advertise for bids.
Board granted approval to remove one IBM Selectric
Typewriter, County I.D. #0603-170, from the inventory of the
state Attorney's Office, and dispose of same.
Board granted approval to remove one Adler Typewriter,
County I.D. #0400-685, from the inventory of the Property
Appraiser, and dispose of same.
Board granted approval to remove one UPS Power Supply,
County I.D. #0702-343, from the inventory of the Supervisor of
Elections, and dispose of same.
Board granted approval and authorized execution of a
Cooperative Agreement between Monroe County and the Florida
Department of Agriculture and Consumer Services Division of
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Forestry, for fire protection.
Board granted approval and authorized execution of a
Service Agreement between Monroe County and Marquette Service and
Supplies Division, for the maintenance of biomedical equipment
for Municipal Services Taxing District 6 (Key Largo), in the
total amount of $2,280.00.
Board granted approval and authorized execution of a
Service Agreement between Monroe County and Marquette Service and
Supplies Division, for the maintenance of biomedical equipment
for Municipal Services Taxing District 5 (Tavernier), in the
total amount of $1,140.00.
Board granted approval to sell 1,000 14-gallon bins to
Browning-Ferris Industries, in the amount of $2.88 per bin.
Board adopted the following Amended Resolution
concerning the Receipt of Unanticipated Funds from the Litter &
Marine Debris Prevention Grant.
RESOLUTION NO. 408-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval and authorized execution of a
revised lease with COMAIR, Inc., for operations at the Key West
International Airport.
Board granted approval and authorized execution of a
Joint Participation Agreement between Monroe County and the
Florida Department of Transportation to fund the Key West
International Airport Salt Pond Enhancement Project.
Board granted approval and authorized execution of an
amendment to Federal Aviation Administration Grant Agreement
No. 3-12-0037-0893, in order to change work description only.
Board granted approval and authorized execution of a
Request For permission To Sublease for Buggy Bus, Inc., to
sublease sign space at the Key West International Airport to
Hertz, Conch Tour Train, and Key West Hand Print.
Board granted approval to remove one Magnavox
Camcorder, County I.D. #2401-269, from the inventory of Key West
International Airport. This item was reported stolen. Police
Report filed with the Pensacola Police Department (95-052999).
Board granted approval to rescind a lease agreement
between Monroe County and COMAIR, Inc., approved at the May 16,
1995 BOCC Meeting.
Board granted approval to advertise a Request for
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Proposals for an Index A, Air Rescue Fire Fighting Vehicle (Rapid
Response Vehicle), for the Marathon Airport.
Board granted approval and authorized execution of a
Contract for Services between Monroe County and the Marathon
Volunteer Fire & Rescue, to provide services for the Marathon
Airport, at a cost of $151,342.00.
Board granted approval of a settlement of a Code
Enforcement Lien on the property of U7-92-315, William Johnson,
in the amount of $7,500.00, as outlined in a letter from Attorney
Al Frigola.
Board granted approval and authorized execution of
Amendment #1 to Contract KG-551E, between Monroe County and the
Alliance for Aging, Inc. This Amendment increases the Community
Care for the Elderly Program funding allocation in the amount of
$16,234.00 (cost to County $1,804.00) in order to increase
services for FY 95/96.
Board granted approval and authorized execution of
Amendment #1 to Contract KG-597, between Monroe County and the
Alliance For Aging, Inc. This Amendment increases the
Alzheimer's Disease Initiative grant funding for respite care
dollars in the amount of $25,196.00 (no cost to County), for a
total amount for FY 1995-96 of $53,711.00.
Board granted approval and authorized execution of an
Amendment to the Agreement between Monroe County, the City of Key
West, and Florida Department of Environmental Protection-Boating
Improvement Fund, for the Garrison Bight Restroom Project. This
Amendment will extend the project completion date to March 28,
1996.
Board granted approval and authorized execution of a
Project Agreement between Monroe County and Florida Department of
Environmental Protection-Boating Improvement Fund, for the
installation of regulatory buoys at Ocean Reef, Key Largo.
Board granted approval and authorized execution of a
Project Agreement between Monroe County and Florida Department of
Environmental Protection-Boating Improvement Fund, for the
purchase of educational material for a boating safety class.
Board adopted the following Resolution granting
approval for the filing of a Grant Application with the Florida
Department of Environmental Protection-Boating Improvement Fund
and authorized execution of a Contract Agreement between Monroe
County and Spirit Marine Towing and Assistance, for the emergency
removal of derelict vessels DV031976, DV031977, DV031991 and
DV031993, in the amount of $4,692.00.
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RESOLUTION NO. 409-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution granting
approval for the filing of a Grant Application with the Florida
Department of Environmental Protection-Boating Improvement Fund
and authorized execution of a Contract Agreement between Monroe
County and Spirit Marine Towing and Assistance for the emergency
repairs of channel markers #11 in Indian Key Channel, and #2 and
#4 in Tavernier Ocean Shores, in the amount of $1,323.00.
RESOLUTION NO. 410-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution granting
approval for the filing of a Grant Application with the Florida
Department of Environmental Protection-Boating Improvement Fund,
and authorized execution of a Contract Agreement between Monroe
County and Spirit Marine Towing and Assistance, for the emergency
repairs of reef channel markers off of North Key Largo, in the
amount of $3,983.00.
RESOLUTION NO. 411-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution granting
approval for the filing of a grant application with the Florida
Department of Environmental Protection-Boating Improvement Fund,
and authorized execution of a Contract Agreement between Monroe
County and Spirit Marine Towing and Assistance for the
installation of four channel markers at 97th Street Canal in
Marathon, in the amount of $5,437.00.
RESOLUTION NO. 412-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval and authorized execution of
State Aid to Libraries Program Certification of Credentials for
Single Library Administrative Head.
Board granted approval and authorized execution of a
renewal of a Contract Agreement between Monroe County and
American Energy & Sheetmetal Corp., for central a/c repair for
Middle Keys facilities, in an amount not to exceed $15,000.00 per
year.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Garcia Cleaning
Service, for janitorial service at Jackson Square, deleting
service to the third floor of the J. Lancelot Lester Justice
Building. Monthly cost will be adjusted from $6,000.00 per month
to $5,700.00 per month.
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Board granted approval to issue a Purchase Order to
Alfredo Vazquez to provide janitorial service to the Public
Service Building, pending preparation and Board approval of the
formal contract for same, in the amount of $1,850.00 per month.
Board granted approval and authorized execution of a
Contract Agreement between Monroe County and Mowrey Elevator
Service Company, Inc., for elevator inspection and maintenance to
seventeen (17) County elevators, in the amount of $14,886.00 per
year.
Board granted approval to remove the following items
from the inventory of Public Works Facilities Maintenance, and
dispose of same:
County I.D.# Description
0603-109 Window A/C unit
1803-371 Window A/C unit
0903-508 Window A/C Unit
0903-588 Window A/C unit
Ser.#490288347 Window A/C Unit
Ser.#P309663 Window A/C unit
Board granted approval of Monroe County's Revised Seven
Year Roadway/Bicycle Path Plan.
Board granted approval to award bid, use transportation
impact fees, and authorized execution of a Contract between
Monroe County and J.A. LaRocco, Ent., Inc., for the Old Boca
Chica Paved Pathway Project, in the amount of $189,823.00.
Board granted approval to install a street light at the
intersection of Burton Drive and Planter Drive, Tavernier.
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and Big Brothers/Big
sisters of Monroe County, in the total amount of $21,010.00, due
to the fact the original contract did not reflect the correct
dollar amount.
Board granted approval to submit a grant application to
the Department of Environmental Management to establish a
curbside pickup service for household hazardous waste.
Board adopted the following Resolution concerning the
Transfer of Funds, FY 96 (Capital Projects).
RESOLUTION NO. 413-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution rescinding
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Resolution No. 387-1995 due to scrivener's error and submitting
new Resolution correcting accounts for funds 403 Marathon, and
404 Key West Airport, to bring in unanticipated revenue.
RESOLUTION NO. 414-1995
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 (FDEP-Boating
Improvement Funds - 1976, 1977, 1991, 1993).
RESOLUTION NO. 415-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (FDEP-Boating Improvement
Fund - Jolly Rogers).
RESOLUTION NO. 416-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (FDEP-Boating Improvement
Fund - Indian Key).
RESOLUTION NO. 417-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (Alzheimer's Disease
Initiative) .
RESOLUTION NO. 418-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (Community Care for the
Elderly).
RESOLUTION NO. 419-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (FDEP-Boating Improvement
Fund).
RESOLUTION NO. 420-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (FDEP-Boating Improvement
Fund - 97th st. Ocean, Marathon).
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RESOLUTION NO. 421-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval to use Impact Fees for the
Jessie Hobbs Park in Marathon and adopted the following
Resolution concerning the Transfer of Funds.
RESOLUTION NO. 422-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds to Bayshore Manor Improvements.
RESOLUTION NO. 423-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution rescinding
Resolution No. 366-1995 due to scrivener's error and presenting
corrected resolution for Receipt of Unanticipated Funds
(Environmental Management).
RESOLUTION NO. 424-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (Quasi).
RESOLUTION NO. 425-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds to cover insufficient funds in various cost
centers for FY 95.
RESOLUTION NO. 426 -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 95 (LETF).
RESOLUTION NO. 427-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Cudjoe Key and Long Key Transfer Station).
RESOLUTION NO. 428-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (Quasi).
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RESOLUTION NO. 429-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Supervisor of Elections).
RESOLUTION NO. 430-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds FY 95 (Information Systems).
RESOLUTION NO. 431-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval to use impact fees for C905 Road
Improvements.
Board adopted the following Resolution concerning the
Transfer of Funds FY 96 (Growth Management).
RESOLUTION NO. 432-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval to use Impact Fees for Big
Coppitt Key Park and adopted the following Resolution concerning
the Transfer of Funds.
RESOLUTION NO. 433-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds for FY 95 (Public Safety-INS).
RESOLUTION NO. 434-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds FY 96 (Donations-Library).
RESOLUTION NO. 435-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval to advertise an Ordinance
amending Ordinance No. 012-1993 in order to abolish the
Affordable Housing Advisory Committee; 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 concerning the
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Transfer of Funds.
RESOLUTION NO. 436-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds.
RESOLUTION NO. 437-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the fOllowing Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 438-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution rescinding
Resolution No. 183-1995.
RESOLUTION NO. 439-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 382-1995.
RESOLUTION NO. 440-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolutions concerning the
Receipt of Unanticipated Funds FY 96.
RESOLUTION NO. 441-1995
RESOLUTION NO. 442-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and L. H. Kephart d/b/a
Eaton Street Professional Center, for Public Defender office
space in Key West.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds for FY 96 (SFETC-JTPA Liaison).
RESOLUTION NO. 443-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval and authorized execution of the
following Contracts regarding Youth Clubs in Monroe County: The
Florida Keys Youth Club, Upper Keys Youth Association, Inc., Big
pine Key Athletic Association, Inc., and Heart of the Keys
Recreation Association, Inc.
95/368
Board adopted the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 444-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Risk Management).
RESOLUTION NO. 445-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 446-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution rescinding
Resolution No. 374-1995.
RESOLUTION NO. 447-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (ADID).
RESOLUTION NO. 448-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval to rescind the hiring of Garcia
Cleaning Service on a month-to-month basis pending preparation of
a formal contract, approval to waive purchasing policies and
procedures and hire Squeaky Clean on a month-to-month basis
beginning December 1, 1995, and approval to advertise for bids
concerning janitorial service, Plantation Key Government Complex.
COUNTY ADMINISTRATOR
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and Public Financial
Management, Inc., for financial advisory services, in the amount
of $2,500.00 per month for unlimited services plus miscellaneous
fees if authorized by the County.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an
Addendum to a Funding Agreement between Monroe County and Key
West Cultural Preservation Society covering Image '95, December
95/369
1-3, 1995, allocated under FY '95 Two Penny Cultural Umbrella.
(Amount remains $6,700.00.)
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and the Marathon
Community Theater, Inc., covering Marathon Community Theater '95-
'96 Performances, Oct.20-21, Nov. 19-20-25-30, Dec. 1-2-7-8-9,
1995, Jan. 19-20-25-26-27, Feb.1-2-7-8-9, March 22-23-28-29-30,
April 5-6-12-13, 1996, FY '96, Two Penny, allocated under the
Cultural Umbrella.
Board granted approval and authorized execution of a
Destination Event Agreement between Monroe County and Key West
Festivals, Inc., covering Hemingway Days Festival, July 15-21,
1996, in an amount not to exceed $30,000.00, DAC 1, FY '96, Third
Penny.
Board granted approval to rescind Amendment to
Interlocal Agreement between Monroe County and the City of Key
West for the Smathers Beach, Phase II, for sand, permitting and
engineering fees, in the amount of $42,510.00.
Board granted approval of District Advisorv Committee
Policy for inclusion in the TDC Operation Manual.
Board granted approval of Florida Keys Fishing
Tournaments, Inc., Operations Manual revisions (Fishing
Umbrella).
Board granted approval of the Tourist Development
Council Policy regarding Complaints for inclusion in the TDC
Operations Manual.
Board adopted the following Resolution wa1v1ng a
prohibition against conflict of interest for Winston A. Burrell
as a member of the Board of Directors of the Key West Chamber of
Commerce serving as District I Advisory Committee member whose
Chamber is funded by the Monroe County Tourist Development
Council to provide telephone and tourist information services to
the MCTDC.
RESOLUTION NO. 449-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution waiving a
prohibition against conflict of interest for Nora A. Williams as
a member of the Board of Directors of the Key Largo Chamber of
Commerce serving as District V Advisory Committee member whose
Chamber is funded by the Monroe County Tourist Development
Council to provide telephone and tourist information services to
the MCTDC.
95/370
RESOLUTION NO. 450-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval and authorized execution of an
Agreement between Monroe County and USA 800, Inc., covering
Telemarketing Disaster Recovery and Hardware and Software
Maintenance for the five Chambers of Commerce.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and Sunset Marina Key
West, covering Mariner Outboards Greatest Grouper Tournament, May
17-19, 1996, FY 96, Two Penny, allocated under the Fishing
Umbrella.
COMMISSIONERS' ITEMS
Board granted approval of the Monroe County Arts
Council appointment of Captain Linda Hutton to serve as a Board
Member in District 3.
Board adopted the following Resolution supporting the
continued funding of the Preservation 2000 Program; requesting
support for the Preservation 2000 Program from the Florida House
of Representatives Natural Resources Committee, the Florida
Senate Natural Resources Committee, the Florida Senate Ways and
Means Committee, the House of Representatives Appropriations
Committee, the Legislative Delegates from the Florida House of
Representatives and the Florida Senate Delegates.
RESOLUTION NO. 451-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board granted approval for staff to prepare the
necessary actions to change the County Code to reflect a change
of name from the Environmental Management Division to the Waste
Resources Management Division.
Board granted approval of Commissioner Harvey's
appointment to be the County's representative on the Key West
Community Redevelopment Agency for the purpose of determining the
best use of Naval properties that are to be excessed.
Board approved Commissioner London's appointment of
Susan Nugent to the Commission on the Status of Women, replacing
Cora Simon.
Board granted approval for Commissioner Douglass to
travel to attend the Commissioner's Summit on Education in
Orlando, December 7 and 8, 1995. Commissioner Douglass was
appointed to the Florida Association of Counties' Select
Committee on Children & Education.
95/371
Board adopted the following Resolution in recognition
of the late Ralph Arnold, Sr.
RESOLUTION NO. 452-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution in recognition
of the late Edward "Jack" Key.
RESOLUTION NO. 453-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution in recognition
of the late Edward Stickney.
RESOLUTION NO. 454-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution in recognition
of the late Mary L. Spare.
RESOLUTION NO. 455-1995
See Res. Book No. 128, which is incorporated herein by reference.
COUNTY ADMINISTRATOR
Board granted approval of a change to the 1996 Board of
County Commissioners schedule to have the meeting in January at
the Monroe County Courthouse, Courtroom B, instead of the
Marathon Government Center.
Board granted approval to change the October meeting to
the Monroe County Courthouse, Courtroom B, instead of the Holiday
Inn Beachside.
Board granted approval to designate the Board of County
Commissioners as temporary recipient of Florida Arts License
Plate revenues.
Board granted approval of a Request for Proposal for
Workers Compensation Claims Administration Service.
Board granted approval of the following actions to
correct the recent appointments for the Tourist Development
Council memberships: Appointment of Commissioner Lewis to serve
out the term of former Commissioner Pais on the TDC which expires
in December of 1995, and reappointment for an additional term
which is four years; Ratification of the appointment of Michael
H. Puto for the balance of Mayor Feiner's term until October of
1997.
95/372
Board granted approval for the Administrator to enter
into negotiations with Christopher Lehman of Commonwealth
Consulting Corporation for the purpose of assisting the County in
the determination of the likelihood of the Federal Ballistic
Missile Defense Organization locating facilities in Monroe County
and in opposing such efforts, if necessary.
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 $250.00; Leslie Morgan, in the amount of $1,100.00.
COURT APPOINTED ATTORNEY'S, W.J. Heffernan, Jr., in the
amount of $350.00; Cunningham, Albritton, Lenzi, Warner, in the
amount of $472.50; Diane M. McGuire, in the amount of $7,405.50;
Dennis J. Fitzpatrick, in the amount of $127.50; Tegan Slaton, in
the amount of $350.00; Stephen Isherwood, in the amount of
$1,136.25; Roberta S. Fine, in the amount of $549.75; Jason
Smith, in the amount of $2,357.50; Marci Rose, in the amount of
$2,048.78.
OTHER EXPENSES, Louis Spallone, in the amount of $500.00;
witness LOdging, in the amount of $327.00; Kowaleski
Investigations, Inc., in the amount of $3,000.00; David Burns
Investigations, in the amount of $350.00.
TRAVEL EXPENSES, witness Travel, in the amount of $4,231.77.
REGULAR WITNESS FEES, witness Payroll, in the amount of
$629.68
COURT REPORTERS, Associated Court Reporting, in t he amount
of $4,182.75; Florida Keys Reporting, in the amount of $446.50;
Kathleen Fegers, in the amount of $364.50; Batholomew, Moughton &
Associates, in the amount of $57.30; Alan J. Levine Court
Reporting Services, in the amount of $90.00; Juli Carr, in the
amount of $322.50; Taylor Reese and Associates, in the amount of
$260.39.
COURT INTERPRETERS, J.R. Alayon, in the amount of
$435.00; Rev. Julia Seward, in the amount of $195.00; Eduardo
Silva, in the amount of $65.00; Jose Menendez, in the amount of
$645.00; William Waddell, in the amount of $505.00; Elizabeth
Diaz, in the amount of $60.00; Mayda Maloney, in the amount of
$50.00; Lou Havran, in the amount of $70.00; Rejean Clement, in
95/373
the amount of $50.00; Juan Borges, in the amount of $25.00.
COURT APPOINTED ATTORNEY - CONFLICT, Jason Smith, in
the amount of $2,643.75; John Rotolo, in the amount of $3,712.50;
Gregory Davila, in the amount of $1,732.50; Laurie Hall, in the
amount of $3,701.25; Jeffrey Meyer, in the amount of $350.00;
Francis H. Muldoon, Jr., in the amount of $3,307.00; Manuel
Garcia, in the amount of $2,493.75; Margaret Mills, in the amount
of $911.25; Johnn Jabro, in the amount of $40.00; Hershoff &
Defoor, P.A., in the amount of $635.50.
COUNTY CLERK
Board approved the following Warrants:
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #135-#136, in the
amount of $75,427.35
SUPPLEMENT TO GENERAL REVENUE FUND (002), #603-#611, in the
amount of $76,846.96
FINE & FORFEITURE FUND (101), #1634-#1642, in the amount of
$5,245,697.73
ROAD AND BRIDGE OPERATING (102), #919-#930, in the amount of
$329,782.75
LAW LIBRARY FUND (103), #505-509, in the amount of $629.95.
TOURIST DEVELOPMENT COUNCIL (115-121), #967-#974, in the
amount of $815,835.09
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #221-#222, in
the amount of $2,001,534.00.
MSD TAXING DISTRICTS (145,146,141), #875-#884, in the amount
of $374,199.45
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #552-#555, in
the amount of $48,877.15
UPPER KEYS TRAUMA DISTRICT (144), #299-#306, in the amount
of $11,965.17
PLANNING,BUILDING,& CODE ENFORCEMENT/
PARKS & BEACHES UNINCORPORATED (147,148) #589-#598, in the
amount of $408,802.54
VENETIAN SHORES SPEC RD DIST &
DUCK KEY SECURITY (149/152), #104, in the amount of
$5,948.54
95/374
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1070-1074, in
the amount of $37,877.10
COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #822-#828, in the amount of
$203,281. 32
SALES TAX BOND ANTICIPATION NOTE (305), #233, in the amount
of $246.52
CARD SOUND BRIDGE FUND (401), #626-#634, in the amount of
$50,168.63
AIRPORT OPERATION & MAINTENANCE FUND (403/404), #972-82/994-
98, in the amount of $209,936.93
MSD PLEDGED FUNDS (414), #486-#495, in the amount of
$1,533,969.69
WORKERS COMPENSATION FUND (501), #4325-#4330, in the amount
of $155,040.76
GENERAL REVENUE FUND (001), #228150-250241, in the amount of
$21,405,271.74
MONROE COUNTY GROUP INS FUND (502), #783-#792, in the amount
of $717,255.51
RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504),
#385-#397, in the amount of $318,530.72
FL TRUST FUND (600,601), #1112-1115, in the amount of
$12,081. 76
Board approved the County Commission Meeting Minutes of
September 20 and 21, 1995.
Board granted approval to remove the following surplus
equipment from the inventory of the Clerk of the Court and
dispose of:
County I.D.#
Description
0205-49
1986 IBM DWS Printer
1983 IBM Displaywriter
1986 IBM Diskette Drive
1987 PCXT
Murata Fax Phone
1983 Adds Computer Terminal
w/Pad
1983 Adds Computer Terminal
0300-97E
0300-92A
0300-92C
N/A
N/A
0205-27
0201-43
0205-104
0205-105
N/A
95/375
w/Pad
1985 ITOH Printer
1987 4MB Processor Applicators
1987 4MB Processor Applicators
Recordex Tape Duplicator
SHERIFF'S
DEPARTMENT
Board granted approval of the following expenditures
from the Law Enforcement Trust Fund, in the total amount of
$61,842.00:
$2,000.00
2,900.00
2,000.00
2,100.00
3,600.00
500.00
1,500.00
1,200.00
4,000.00
8,000.00
1,000.00
2,100.00
7,800.00
15,342.00
6,800.00
1,000.00
Culinary Arts Program
Purchase Packard Bell Pentium 75, Force
487 computer w/monitor/Epson Action
laser 1400 printer
Purchase VHF covert radio repeater/video
camera system/Sony Walkman 8mm video
system for Special Operations unit
Purchase Toshiba 2155CDS laptop computer
for Special Operations
Purchase 10 Remington 870 Marine Magnum
stainless steel shotguns/nylon cases to
store weapons for Honor Guard.
Purchase Hewlett Packard Laserjet
Printer model 4L for detectives in
District II
For Big pine Athletic Association to
purchase recreation equipment and games
for the Blue Heron Youth Center
For Florida Keys Youth Club to purchase
recreation equipment and games for the
youth club.
Purchase hostage negotiation telephone
system
Purchase 5 Spectra Motorola radios
Purchase 35mm Camera w/300mm zoom lens
Print law enforcement trading cards for
distribution to area youths
DARE Program to cover costs of
graduations, tee-shirts,awards, etc.
Fund Sheriff's Cadet Program
Purchase 1988 diesel bus for Cadet
Program
Purchase 8mm video camera to be donated
to Special OlYmpics of Monroe County
SPECIAL PROGRAMS/MONROE COUNTY HOUSING AUTHORITY
95/376
Board adopted the following Resolution approving an
interlocal agreement between Monroe county and Monroe county
Housing Finance Authority for the development of Affordable
Housing Programs and providing authorization of $24,000.00 in
direct reimbursement from Fund 100 for FY 95/96 operating
requirements of the Monroe County Housing Finance Authority.
RESOLUTION NO. 456-1995
See Res. Book No. 128, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
Housing Finance Authority of Pinellas County to operate within
the boundaries of Monroe County; authorizing the Housing Finance
Authority of Monroe County to enter into agreements with the
Housing Finance Authority of Pinellas County; approving the form
of the Interlocal Agreement; approving the issuance by the
Housing Finance Authority of Pinellas County of not exceeding
$60,000,000/$90,000,000 single family mortgage revenue bonds,
series 1996, to provide funds to finance qualifying single family
mortgage loans in various counties within the state of Florida,
including Monroe County; and providing an effective date.
RESOLUTION NO. 457-1995
See Res. Book No. 128, which is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Public Safety Director Reggie Paros, and Elaine Gorman,
Emergency Management Director/Trauma, addressed the Board
concerning adoption of a Resolution terminating the 1986 Trauma
Helicopter Agreement with Dade County. Motion was made by
Commissioner London and seconded by Commissioner Harvey to table
the item. Motion carried unanimously.
Motion was made by Mayor Freeman and seconded by
Commissioner Harvey to postpone approval of a Contract Agreement
Addendum between Monroe County and the united States Coast Guard
for use of the tower at the North Key Largo Translator Site, and
directing Staff to negotiate a Contract based on market rates.
Motion carried unanimously.
*
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DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
BOARD OF GOVERNORS
95/377
The Board of Governors of District #1 Lower and Middle
Keys Fire and Ambulance District convened. Present and answering
to roll call were Commissioner Freeman, Commissioner London and
Chairman Douglass. Absent were Commissioner Hal Halenza and a
Representative of Key Colony Beach.
Motion was made by Commissioner London and seconded by
Mayor Freeman granting approval and authorized execution of a
Service Agreement between Monroe County and Marquette Service and
Supplies Division for the maintenance of biomedical equipment for
the Lower and Middle Keys Fire and Ambulance District, in the
total amount of $6,840.00. Motion carried unanimously.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
*
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*
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*
The Board of County Commissioners reconvened with all
Commissioners present.
ENVIRONMENTAL MANAGEMENT DIVISION
Acting Environmental Management Director, Mike Lawn,
addressed the Board. Motion was made by Commissioner Douglass
and seconded by Commissioner London granting approval to award
surplus items to the highest bidders. Motion carried
unanimously. Said recap sheet is incorporated herein by
reference.
DIVISION OF GROWTH MANAGEMENT
Russ Teall, Chairman of the Boot Key Harbor Ad Hoc
Committee, addressed the Board concerning the approval of the
final report of the Boot Key Harbor Ad Hoc Committee. Motion was
made by Commissioner Douglass and seconded by Commissioner London
granting approval of the report "Boot Key Harbor Ad Hoc
Committee's Goals, Options, and Solutions for Boot Key Harbor,
Marathon Key". Said report is incorporated herein by reference.
Roll call vote was unanimous.
DIVISION OF PUBLIC WORKS
Public Works Director, Dent Pierce, and County
Attorney, James T. Hendrick, discussed with the Board the
Riviera Village Park located in Key Largo. P. Godfrey, addressed
the Board. After Board discussion, motion was made by
Commissioner London and seconded by Commissioner Harvey granting
95/378
approval of Option #1 - The County transfer its public use
easement to the Riviera Village Park Association if it is a non-
profit corporation or a not-for-profit organization organized to
promote community interest. Motion carried unanimously.
MISCELLANEOUS
Meredith Cline, Upper Keys Board member of the Monroe
County Arts Council, discussed with the Board progress of the
Council.
COMMISSIONERS' ITEMS
Commissioner London discussed with the Board excessive
noise and disruption in the Port Largo neighborhood. Attorney
Ralf Brookes of the law firm of Morgan & Brookes, and County
Attorney, James T. Hendrick, addressed the Board. Motion was
made by Commissioner London and seconded by Commissioner Douglass
directing Mr. Brookes to prepare a proposed Land Development
Regulation that would regulate commercial vessels in excess of 60
feet and designate port areas within Monroe County whereby such
vessels could dock and operate. 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.
Laura Males, representing Holiday Casino Cruises, and
Jim Mattson, addressed the Board.
Mariners Hospital Administrator, Robert Luse, and
representatives of Baptist Hospital made a presentation to the
Board concerning the new Mariners Hospital and medical office
project.
commissioner Reich discussed with the Board the winston
waterways Special Taxing District. Office of Management and
Budget Director, John Carter, Ellen Armstrong, David Armstrong,
and Bob Fisk addressed the Board. This matter was referred to
Staff.
COUNTY ADMINISTRATOR
County Administrator, James Roberts, discussed with the
95/379
Board the acceptance of a staff report concerning the impact of
the Proposed Sanctuary Management Plan on County Government; and
adoption of Staff recommendations to be submitted to the Florida
Keys National Marine Sanctuary. Extension Services Director and
Ad Hoc Sanctuary Review Committee member, Doug Gregory, Carl
Hagenkotter, representing victims of NOAA, and Billy Causey,
representing the Florida Keys National Marine Sanctuary, Attorney
Ralf Brookes, of the law firm of Morgan and Brooks addressed the
Board. Motion was made by Commissioner Douglass and seconded by
Commissioner London to accept the staff report entitled An
Evaluation of the Potential Impacts of the Florida Keys National
Marine Sanctuary Draft Management Plan on Monroe County
Government - A Re~ort of the Monroe County Ad-Hoc Sanctuary
Review Committee. dated November 1995. Roll call vote was
unanimous.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, and Robert C.
Apgar of the law firm of Apgar, Pelham & Pfeiffer addressed the
Board.
Mr. Apgar discussed the upcoming Hearing before the
Governor and Cabinet sitting as the Administration Commission on
December 12, 1995.
Mr. Apgar requested the following summary of actions:
1. Approve the proposed nutrient reduction plan and
authorization to present this plan to the DCA and
Administration Commission as Monroe County's
alternative to the reduction in permits proposed
by the DCA and the moratorium urged by 1000
Friends of Florida.
2. Approve a subcontract between Apgar, Pelham &
Pfeiffer and Lindahl, Browning, Ferrari &
Hellstrom, Inc., Consulting Engineers, to review
and refine the data and assumption used in
development of the nutrient reduction program.
The consultant's time and expense is $1200.00.
3. Approve an increase in the estimated legal fees
from $350,000 to $390,000 for completion of the
comprehensive plan case before the Governor and
Cabinet.
4. Approve an estimated $25,000 - $30,000 in legal
fees for the appeal.
Motion was made by Commissioner London and seconded by
95/380
commissioner Douglass granting approval of item #'s 1 and 2
above. Roll call vote was unanimous.
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval of item #'s 3 and 4
above. Roll call vote was unanimous.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an
Ordinance adopting a Land Use District Map Amendment changing the
Land Use Designation for applicants Lynn Sutton, Emanuel Micelli,
and John and Ethel Marsteller who request a zoning change from
Urban Residential (UR) to Recreational Vehicle (RV) for part of
Lot 1, and all of Lot 2 and 3 of Baywood Subdivision, section 11,
Key Largo, mile marker 104, transmitting this amendment to the
State Land Planning Agency for approval; Providing for
severability; and providing for an effective date. Growth
Management Director, Bob Herman, Comprehensive Planner Jose Papa,
Attorney Andrew Tobin, representing the Marstellers, County
Attorney, James T. Hendrick, Robert Ferrentino, Felicia
Ferrentino, Mario o. Baldatti, Amy Slate, and Chris Sutton
addressed the Board. Motion was made by Commissioner London and
seconded by Commissioner Douglass to adopt the following
Resolution remanding the request to the Planning commission.
Roll call vote was unanimous.
RESOLUTION NO. 458-1995
See Res. Book No. 128 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance adopting a Land Use District Map Amendment changing the
Land Use Designation for the properties, legally described as all
of Lots 1 to 15, Block 2, all of Lots 2 to 15, Block 1, and an
unnumbered lot, Part of Block 1, Paradise Point Subdivision, Key
Largo, section 1, Township 61 South, Range 39 East, Monroe
County, Florida, mile marker 105, from Urban Residential Mobile
Home (URM) to Improved Subdivision (IS) transmitting this
amendment to the State Land Planning Agency for approval;
Providing for severability; and providing for an effective date.
Pauline Klein, Attorney Andy Tobin, representing Dr. Howard F.
Wallach, Dean Clyde, and Kevin Murray. Motion was made by Mayor
Freeman and seconded by Commissioner Douglass to adopt the
following Ordinance.
ORDINANCE NO. 051-1995
See Ord. Book No. 37 which is incorporated herein by reference.
During discussion of the motion, motion was made by
Commissioner Reich and seconded by Commissioner Douglass to allow
Mr. Tobin to address the Board. Roll call vote was unanimous.
95/381
Following discussion, roll call vote on the original motion to
adopt the above Ordinance was unanimous.
A Public Hearing was held adopting an Ordinance
adopting a Land Use District Map Amendment changing the Land Use
Designation for the Key Largo Holiday Harbour, Inc., properties
legally described as Lot 535, and the westerly fifteen (15) feet
of Lot 536, Port Largo, 5th Addition, located on Ocean Drive, Key
Largo, mile marker 99.9, from Improved Subdivision (IS) to
Suburban Commercial (SC); transmitting this amendment to the
State Land Planning Agency for approval; Providing for
severability; and Providing for an effective date.
Attorney Ralf Brookes of the law firm of Morgan &
Brookes, and Growth Management Director, Bob Herman, addressed
the Board. curtis Kruer, representing the Upper Key citizens
Association, addressed the Board. Andrew Tobin, representing the
applicant objected to hearing testimony from Mr. Kruer. County
Attorney, James T. Hendrick, advised the Board that Mr. Kruer
should be allowed to testify. Mayor Freeman allowed Mr. Kruer to
continue. Prior to testimony, all speakers were asked to stand
and be sworn in prior to giving testimony.
The following individuals addressed the Board: Eleanor
Edson, Hyatt Hodgdon, Gary Lalorde, representing the Airport
Marina, Suzanne Govette, representing the Port Largo Property
Owners Association, Jeanette Greene, representing the Izaak
Walton League, John Hammerstrom, Dennis McDermit, Dagny Johnson,
representing the Upper Keys citizens Association, craig Liney,
representing John Pennekamp Coral Reef State Park, Laura Males,
John Crowley, David Spitznagel, Frances Simmons, Attorney Andrew
Tobin, and Dick Woodall.
The Board discussed the requested Amendment. Following
discussions, County Attorney, James T. Hendrick, advised the
Board that based on his notes of the Board's discussion, the
Board was making the following general findings:
1. There was no marina use of the subject parcel on
the effective date of the Monroe County Land
Development Regulations.
2. There had been some sporadic storage by the united
States Government of seized vessels, but as of
September 15, 1986, the property was fenced off
and vacant.
3. The community character of the planning area is
predominantly residential as evidenced by the
residential subdivisions which dominate the area
and the deed restrictions which are common to Port
Largo prohibiting commercial use.
95/382
4. The proposed Amendment is inconsistent with the
following provisions of the Comprehensive Land Use
Plan:
Volume 2, section 2-102, 2-103: Respecting the
protection of natural environment of the Keys.
section 2-104: Near Shore Waters, objective: "to
protect, maintain, and where appropriate, improve
the quality of near shore waters". Policy
statements under the same section - To prohibit
land uses that directly or indirectly degrade
nearshore water quality and prohibit the
development of water dependent facilities that
would involve degradation of submerged lands; and
to limit the location of docking facilities to
areas which have adequate circulation and tidal
flushing.
5. A finding being had that this area does not have
adequate tidal flushing or circulation and to
encourage rehabilitation of canals and other water
bodies where water quality is deteriorated.
Particularly in view of the presence, as
Commissioner Harvey has indicated, of the
proximity to John Pennekamp Coral Reef Park
and its' outstanding Florida Waters designation.
6. The fact that the community character must be
consistent of the Comprehensive Land Use Plan, and
this is inconsistent for the reasons stated above.
7. There is a danger to public safety due to the
traffic in or near this corner intersection and
also from the damage already occurred in the canal
from existing boating traffic.
8. The proposed amendment would result in adverse
community change to the planning area through
water quality degradation.
9. As the realtors testified, there would be loss of
property values and secondary effects of
commercial development on residential use.
Motion was made by Commissioner London and seconded by
Commissioner Reich directing the County Attorney to bring back a
Resolution denying the requested Map Amendment on the basis of
the above findings as outlined by the County Attorney. Roll call
vote was taken with the following results:
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commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich Yes
Mayor Freeman Yes
Motion carried.
Motion was made by Commissioner London and seconded by
Commissioner Douglass that Code Enforcement or the County
Attorney be directed to take whatever action is necessary to have
the vessel removed from that area. During discussion, the motion
was withdrawn.
DIVISION OF PUBLIC WORKS
Public Works Director, Dent pierce addressed the Board
concerning approval of short listed engineering firms for No Name
Key Bridge Repair Design and consideration of a late proposal.
Joel Rosenblatt, of the firm Rosenblatt-Kneader Associates, P.A.,
addressed the Board concerning their late submission. Motion was
made by commissioner Douglass and seconded by Commissioner London
to approve the item as ranked: 1.) Carr smith Associates, 2.)
Kisinger Campo & Associates, 3.) Ayres Associates. Roll call
vote was unanimous.
Motion was made by Commissioner London and seconded by
Mayor Freeman directing that all bids, Requests for Proposals
(RFP) and/or Request for Qualifications (RFQ) received after the
advertised time of submission be return unopened and not be
presented to the Board. Roll call vote was unanimous.
TOURIST DEVELOPMENT COUNCIL
commissioner Harvey discussed for the TDC to consider
and plan for powerboat boat races in March and November of 1997.
Office Manager of the TDC Administrative Office advised the Board
that procedures were in place to receive proposals from groups
and organization for special events to be funded by the TDC. She
indicated that the process would be starting shortly for those
events to take place in 1997.
COMMISSIONERS' ITEMS
commissioner London discussed an analysis of the
economic impact of transient rentals to be funded by the Tourist
Development Council. Ms. Stuart of the TDC Administrative Office
addressed the Board. Motion was made by Commissioner London and
seconded by Mayor Freeman requesting the TDC to provide an
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analysis of the economic impact of transient rentals. Roll call
vote was unanimous.
MISCELLANEOUS BULK APPROVALS
Acting Environmental Management Director, Mike Lawn
addressed the Board. Motion was made by Commissioner London and
seconded by Commissioner Harvey granting approval of a Contract
adjustment between Monroe County and D & J Industries, Inc., for
roof repairs at Key Largo and Long Key Transfer Stations, in the
amount of $1861.65. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey granting approval and authorizing execution
of Change Order No. 3 for the Long Key Recycling Building, in the
increased amount of $1,162.64.
COMMISSIONERS' ITEMS
commissioner London discussed improvements to the
County's Recycling Program.
MISCELLANEOUS BULK APPROVALS
Motion was made by commissioner Reich and seconded by
Mayor Freeman granting approval and authorizing execution of
Purchase/Service Order No. 95/96-2 for Greiner, Inc. to provide
consulting services for design phase through bidding phase for
the Key West International Airport rehabilitation/expansion
project. Motion carried unanimously.
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval to replace list of
derelict vessels attached to current derelict vessel Contract
between Monroe County and Arnold's Towing to allow additions and
deletions of vessels. Said list is incorporated herein by
reference. Motion carried unanimously.
Motion was made by Commissioner Douglass and seconded
by Mayor Freeman granting permission to close all libraries on
November 25, 1995 and December 23, 1995. Motion carried
unanimously.
Motion was made by Commissioner Harvey and seconded by
Commissioner London granting authorization to reject bids for the
Sewage Treatment Plant Removal at the Public Service Building on
Stock Island and readvertise. Motion carried unanimously.
Motion was made by Commiss"ioner Douglass and seconded
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by Commissioner Harvey to adopt the following Resolution
authorizing the execution of a Grant Agreement between Monroe
County and the Florida Department of Community Affairs to provide
funding for three anti-drug abuse programs in Monroe County for
FY 96. Motion carried unanimously.
RESOLUTION NO. 459-1995
See Res. Book No. 128 which is incorporated herein by reference.
Motion was made by Commissioner London and seconded by
Commissioner Harvey granting approval to advertise an ordinance
with an effective date of 90 days from the date of adoption
establishing a five ($5.00) service charge on all civil Circuit
Court proceedings in the sixteenth Judicial Circuit to defray the
cost of mediation and arbitration services; establishing a forty-
five ($45.00) service charge on any petition for a modification
of a final judgment of dissolution to defray the cost of family
mediation services; providing for severability; providing for the
repeal of ordinances inconsistent herewith; providing for
inclusion in the Code of Laws of Ordinances; providing for an
effective date. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, addressed the
Board and discussed transient rentals and the 18 Mile Stretch
hearings and our request to the Florida Department of
Transportation for County participation. Motion was made by
Commissioner Douglass and seconded by Commissioner Harvey
authorizing the firm of Apgar, Pelham & Pfeiffer to intervene in
the 18 Mile Stretch Hearings on behalf of Monroe County and
establishing a budget of $30,000.00 for that representation.
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.
Mr. Herman gave an update on FEMA and the operation of
the stock Island Building Department.
Mr. Ralf Brookes, of the law firm Morgan & Brookes,
discussed Big Pine Joint Venture vs. Monroe County, pilot
House/Lorelei noise case, Shaddock, Breyer, and the dismissal of
the Romanoff case.
Motion was made by Commissioner Douglass and seconded
95/386
by Commissioner London granting approval and authorizing
execution of a letter to increase the ceiling on invoices billed
by the firm of Morgan & Hendrick under Letter of Agreement for FY
1994-95 from $250,000.00 to $265,000.00. Roll call vote was
taken with the following results:
commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
Yes
Yes
Yes
No
Yes
Motion carried.
DIVISION OF PUBLIC WORKS
Public Works Director, Dent Pierce, addressed the Board
concerning restroom facilities at County parks.
COMMISSIONERS' ITEMS
Motion was made by Commissioner London and seconded by
Commissioner Douglass to adopt the fOllowing Resolution
establishing supplementary procedures for the selection of
consulting firms under the Consultants' Competitive Negotiation
Act (Sec. 287.055, Florida Statutes) and for the selection of
professionals not covered by the act in the discretion of the
Board, including the provision for numerical ranking of applicant
firms. Roll call vote was unanimous.
RESOLUTION NO. 460-1995
See Res. Book No. 128 which is incorporated herein by reference.
COUNTY ADMINISTRATOR
County Administrator, James Roberts addressed the Board
and discussed dates for a joint meeting with the Monroe County
School Board. After discussion, Mayor Freeman called for a Joint
Meeting between the Board of County Commissioners and the Monroe
County School Board for December 14, 1995, in Marathon at 9:00
a.m.
Mr. Roberts discussed an Executive Session of the Board
of County Commissioners to discuss labor issues. The Mayor
called for an Executive session of the Board of County
Commissioners for November 27, 1995, 3 p.m. at the Stock Island
Chapel, subject to necessary notice requirements, including the
following individuals: Board of County Commissioners; County
Administrator; Clerk of the Court; John Gronda, Labor Attorney;
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County Attorney; Peter Horton, Director of Community Services;
Reggie Paros,Director of Public Safety; Dent Pierce, Director of
Public Works; and Mike Lawn, Acting Director of Environmental
Management. An alternate date of December 7, 1995 at 10:00 a.m.
at Stock Island Chapel was established.
Mr. Ro~erts discussed the receipt of responses to the
Request for Proposal for translator services. Motion was made
by Commissioner London and seconded by Commissioner Douglass
directing staff to continue with their review and discussions
with the proposers. Motion carried unanimously.
COUNTY CLERK
Danny Kolhage, Clerk of the Court, discussed Ordinance
Nos. 047-1995 and 048-1995 concerning the local collection and
enforcement of the Tourist Impact Tax. The Clerk advised the
Board it was the intention to make these ordinances effective
January 1, 1996; however, that date was not included in these
ordinances. After consultation with the County Attorney's
office, it was decided that the ordinances would not be
transmitted to the Secretary of State until such time as their
effective date would occur, on or after January 1, 1996, with the
concurrence of the Board. The Board agreed to this procedure.
COUNTY ATTORNEY
County Attorney, James T. Hendrick, discussed the POMCO
jail litigation. Motion was made by Commissioner London and
seconded by Commissioner Douglass authorizing the County Attorney
to settle this case on the basis of the paYment of the retention
and up to one half of the interest earnings over the period of
time in question. Motion carried unanimously.
Mr. Hendrick discussed the matter concerning Parvan
Bakardjiev, the previous Director of Monroe County Fine Arts
Council. He indicated that the State Attorney's Office was
inquiring on what basis the County was prepared to make a
settlement for restitution. He advised that his recommendation
would be that all claims for the payment of restitution be offset
against Mr. Bakardjiev's claim of unpaid wages on the basis of a
"wash" of the two claims. Motion was made by Commissioner London
and seconded by Commissioner Douglass authorizing the County
Attorney to negotiate a "wash" of the amounts in dispute between
Monroe County and Parvan Bakardjiev and to advise the state
Attorney's Office of the County's position. Roll call vote was
unanimous.
Mr. Hendrick discussed the current delinquency of the
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TCI lease for land at Long Key. After discussion, motion was
made by Commissioner London and seconded by Commissioner Douglass
to authorize the following action concerning the lease with TCI
for land at Long Key: Waive the delinquency upon paYment of
$12,750.00 for back rent; negotiate a term of the lease to
coincide with the Franchise Agreement to March 8, 2010; negotiate
a market rent for the property in the range of $650.00 to
$1,000.00 per month. Roll call vote was unanimous.
Mr. Hendrick gave a brief update on the Jet Center
litigation.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
n,o-kLc.. ~
Deputy Clerk