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02/16/2000 Regular 2000/32 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 16, 2000 Key Largo, Florida A Regular meeting of the Monroe County Board of County Commissioner's convened at 10:00 A.M., on the above date at the Key Largo Library. Present and answering to roll call were Commissioner Wilhelmina Harvey, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams, and Mayor Shirley Freeman. Also present were Isabel C. DeSantis, Deputy Clerk; James T. Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Commissioner Williams requested the addition of discussion of Infrastructure Sales Tax future uses be added to the agenda for the Special Meeting on February 28,2000. Motion was made by Commissioner Neugent and seconded by Commissioner Harvey granting approval of Additions, Corrections, and Deletions to the Agenda. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Freeman Yes Motion carried. PRESENTATION OF AWARDS A Proclamation was made proclaiming the month of March, 2000 as Seagrass Awareness Month. 02/16/00 2000/33 BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval and authorized execution of an Amendment 002 to July 1, 1999 through June 30,2000 Alzheimer's Disease Initiative Contract #KG-997 between the Alliance for Aging, Inc. the area agency for Planning and Services Area 11 and Monroe County Board of County CommissionersIMonroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval and authorized execution of an Amendment 001 to the Nutrition Program 1999-00 USDA Rate Agreement between Monroe County and the Alliance for Aging, Inc. Board granted approval to amend the closing period of the grant award from the Florida Learn & Serve, K-12 Program to provide funding for the establishment of a 4-H Florida Keys Youth Council from December 31, 1999 to June 30,2000. Board granted approval and authorized execution of an Amendment to the Rental Car Concession Agreement between Monroe County and Avis Rent A Car System, Inc., at the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement NO.4 between Monroe County and the Florida Department of Transportation, Contract No. A 7065, for additional funding for the Key West Airport Terminal Rehabilitation/Renovation Project. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement NO.1 between Monroe County and the Florida Department of Transportation, Contract No. AF 290, to provide additional funding for the Key West Airport Air Rescue Firefighting Building and Electrical Vault project. Board granted approval and authorized execution of a Lease between Monroe County and Gulfstream International Airlines, Inc. for office space in the Key West International Airport Terminal Building. Board adopted the following Resolution approving the assignment of an airplane hangar Lease at Key West International Airport from 1. Robert Dean to Sam Samaha. RESOLUTION NO. 042-2000 See Res. Book No. 145, which is incorporated herein by reference. 02/16/00 2000/34 Board granted approval and authorized execution to ratify a previous Agreement between Monroe County and KPMG for Hurricane Irene disaster assistance that was executed during the emergency. Board approved the following Resolutions concerning the Receipt of Unanticipated Funds and the Transfer of Funds: Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 1). RESOLUTION NO. 043-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 2). RESOLUTION NO. 044-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 3). RESOLUTION NO. 045-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 4). RESOLUTION NO. 046-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 5). RESOLUTION NO. 047-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution Number 005-1999 (OMB Schedule Item Number 6). RESOLUTION NO. 048-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution Number 431-1999 (OMB Schedule Item Number 7). 02/16/00 2000/35 RESOLUTION NO. 049-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 8). RESOLUTION NO. 050-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 9). RESOLUTION NO. 051-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 10). RESOLUTION NO. 052-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution Number 286-1999 (OMB Schedule Item Number 11). RESOLUTION NO. 053-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 12). RESOLUTION NO. 054-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 13). RESOLUTION NO. 055-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution Number 419-1999 (OMB Schedule Item Number 14). RESOLUTION NO. 056-2000 See Res Book No. 145, which is incorporated herein by reference. 02/16/00 2000/36 Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 15). RESOLUTION NO. 057-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 16). RESOLUTION NO. 058-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 17). RESOLUTION NO. 059-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 18). RESOLUTION NO. 060-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 19). RESOLUTION NO. 061-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 20). RESOLUTION NO. 062-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 21). RESOLUTION NO. 063-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 22). 02/16/00 2000/37 RESOLUTION NO. 064-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 23). RESOLUTION NO. 065-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 24). RESOLUTION NO. 066-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 25). RESOLUTION NO. 067-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 26). RESOLUTION NO. 068-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Schedule Item Number 27). RESOLUTION NO. 069-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 28). RESOLUTION NO. 070-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 29). RESOLUTION NO. 071-2000 See Res Book No. 145, which is incorporated herein by reference. 02/16/00 2000/38 Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 30). RESOLUTION NO. 072-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 31). RESOLUTION NO. 073-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 32). RESOLUTION NO. 074-2000 See Res Book No. 145, which is incorporated herein by reference. Board granted approval for the Mayor to sign title transferring County Vehicle No. 141-009 to insurance company. Board granted approval and authorized execution of an Agreement between Monroe County and Wheeled Coach, Inc. for the purchase of one Type I, Year 2000, Ford Super Duty, Emergency Care Vehicle (Ambulance), in the total amount (not to exceed) $100,217.00, for use in Islamorada, Village ofIslands. Board granted approval to renew and authorized execution of a Contract between Monroe County and RMS International for emergency generator inspections, maintenance and repairs for one additional year, in an approximate amount of$51,000.00. Board granted approval to advertise a request for bids for the purchase and installation of a new fresh air pretreatment unit at the Marathon Government Annex. Board granted approval to advertise for bids for stucco work repair and painting at the Key West Courthouse Annex. Board granted approval to advertise for bids for contract services of Fire Sprinkler Inspection and Certification for all Monroe County Facilities. Board granted approval to renew and authorized execution of a Lease Agreement between Monroe County and Deputy Jan Smiarowski of the Monroe County Sheriff's Department to reside in the modular home located at Bernstein Park, for an amount of rent and utilities totaling $400.00 per month. 02/16/00 2000/39 Board granted approval to renew and authorized execution of a Lease Agreement between Monroe County and Deputy Linda Kohout of the Monroe County Sheriff's Department to reside in the trailer located at Sombrero Beach, for an amount of rent and utilities totaling $400.00 per month. Board granted approval to renew and authorized execution of annual contracts between Monroe County and Bert Bender & Associates Architects and William P. Horn, Architect, for NE services for construction projects costing $500,000.00 or less. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to issue a Purchase Order to the City of Key West to install a sewer line for Higgs Beach. Board granted approval and authorized execution of a Contract between Monroe County and Community Asphalt for SugarloafBoulevard paved pathway. Board granted approval and authorized execution of Change Order No.1 for Harry Harris Park Hurricane Repairs. Board granted approval and authorized execution of Amendment 002 to July 1, 1999 through June 30,2000 Home and Community Based Medicaid Waiver Contract #KSOOI2 between the Alliance for Aging, Inc., the area agency on aging for Planning Services Area 11 and Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the case Management Agency). Board granted approval to remove surplus equipment from inventory via disposal/destruction and advertising for bids and accepting bids. Said list is incorporated herein by reference. Board approved the following Resolutions concerning the Receipt of Unanticipated Funds and the Transfer of Funds: Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Add-on Number 1). RESOLUTION NO. 075-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Add-on Number 2). RESOLUTION NO. 076-2000 See Res Book No. 145, which is incorporated herein by reference. 02/16/00 2000/40 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Add-on Number 3). RESOLUTION NO. 077-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Add-on Number 4). RESOLUTION NO. 078-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Add-on Number 5). RESOLUTION NO. 079-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Add-on Number 6). RESOLUTION NO. 080-2000 See Res Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Add-on Number 7). RESOLUTION NO. 081-2000 See Res Book No. 145, which is incorporated herein by reference. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of request from expenditures from the Law Enforcement Trust Fund, as follows: $6,000 This sum will help the Key West Junior Football League pay for an insurance policy for underprivilaged kids who do not have paid health care. The League represents 600 girls and boys, approximately one third of the boys come from low income families. $6,000 The Marathon Youth Club is a not-for-profit organization dedicated to the athletic and academic development of the young people of Marathon. Programs include 02/16/00 2000/41 t-ball, Little League Baseball, Fall League Baseball, Girls Little League Softball, AYES Soccer, Youth Football and Cheerleading. This sum will assist in purchasing equipment needed for these sports. $5,000 This amount will assist in registration, travel and lodging expenses for the Key West High School Cheerleaders attend State Competition. $3,000 This sum will assist the Key West High School Wrestling Team with expenses incurred from traveling to six tournaments this season. $2,000 This money will assist the City of Key West with their Annual Children's Holiday Festival. This Festival is a very family oriented event. $3,000 This amount will supply the Key West High School Tennis Team with uniforms and travel expenses for this upcoming season. $5,000 The Junior Football League Competition Cheerleaders consists of 42 cheerleaders ranging from eight to fourteen years old. The squad performs at many local events and competes in the Miami area. The squad qualified to compete in a national championship competition to be held in Orlando in March. The major fundraiser to support the travel expenses for the national competition was unsuccessful. The Christmas wreaths that were to be sold arrived severely damage and unable to sell. This money will support travel expenses for the cheerleaders to attend the National Competition. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution amending a Memorandum of Understanding with the Monroe County Housing Authority previously authorized under County Resolution No. 257-1997, as amended, to provide that cesspool replacement/home repair funding be provided to participating very-low and low income homeowners as a grant. RESOLUTION NO. 082-2000 See Res. Book No. 145, which is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Mayor Freeman's appointment of Denise Werling to the Planning Commission replacing Billy Gorsuch who has resigned. Board granted approval of Commissioner Harvey's appointment of Marsha Drew to serve on the Parks and Recreation Advisory Board with term to expire January 1, 2004. 02/16/00 2000/42 Board granted approval of Commissioner Williams' request to direct staff to keep track of Homestead Air Force Base hearings, notifY the County Commissioners, and make sure that someone is present to represent our Resolution on the Base at all such hearings. Board adopted the following Resolution to the Florida Windstorm Underwriters Association, Bill Nelson, Florida Insurance Commissioner, the House Insurance Committee (chaired by Representative Bainter), Jeb Bush, Florida Governor supporting House Bill #15 and House Bill #477. RESOLUTION NO. 083-2000 See Res. Book No. 145, which is incorporated herein by reference. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COURT REPORTER SERVICES, Amy Landry, in the amount of$82.50; Associated Court Reporters, in the amount of$l, 166.85; Florida Keys Reporting Inc., in the amount of $1,593.95; Lisa Roeser, in the amount of$11O.50; Sharon Arnoult, in the amount of $60.00; Suzanne Ex, in the amount of$I,853.45; Vicki Lynn Doty, in the amount of$330.00. COMPETENCY EVALUATION, A. Louis O'Connor, in the amount of$350.00; Care Center for Mental Health, in the amount of$I,050.00; Guillermo Marcovici MD, in the amount of $1,350.00; James W. Holbrook ED D, in the amount of$I,900.00; Leslie Morgan PH D, in the amount of$350.00. COURT INTERPRETER, Alex Diaz, in the amount of$190.00; Anna M. Stults, in the amount of $245.00; Crawford & Crawford, in the amount of$104.00; Estrella Garcia, in the amount of$317.50; Ghislaine Mangrella, in the amount of$35.00; Heide D' A1quen, in the amount of$35.00; Jenine Ouillette, in the amount of$25.00; Jiri Dolezal, in the amount of $45.00; Mary Lou Waas, in the amount of $100.00; Mayda Maloney, in the amount of $291.00; Sergio Alvarez, in the amount of$502.50; Susan Tellez, in the amount of$110.00; Thomas Lindsay, in the amount of$25.00; William G. Waddell, in the amount of$445.00. WITNESS COORDINATION, Witness Payroll, in the amount of$500.00; Witness Travel & Per Diem, in the amount of$20,395.74. EXPERT WITNESS FEES, David Erlandson MD, in the amount of$150.00; The Bode Technology Group, in the amount of$8,800.00; UMDC Dept of Pathology, in the amount of $2,270.00.. 02/16/00 2000/43 COURT APPOINTED ATTORNEYS FEES, David G. Hutchison, in the amount of $375.00; Jason R. Smith Atty at Law, in the amount of$38,756.25; Manuel E. Garcia, in the amount of$41,786.25; Richard Wunsch, in the amount of$892.50. COURT APPOINTED ATTORNEYS TRAVEL, Richard Wunsch, in the amount of $4,530.77. OTHER SERVICES CIRCUIT, Rayme Suarez, in the amount of$62.04; State of Florida, in the amount of$316.93. Board approved the following Warrant: GENERAL REVENUE FUND (001), #24293-25764, in the amount of$8,933,174.62. Board granted official approval of the Board of County Commissioners Minutes from the Town Hall Meeting of December 1, 1999, Regular Meetings of December 8-9, 1999, and Special Meeting of December 14, 1999. COUNTY ADMINISTRATOR Board granted approval of a Public Information and Involvement Plan to encourage citizens to participate in the 2000 Census, utilizing the services of the Market Share Company who are already participating in the Annual Report program for the County. COUNTY ATTORNEY Board granted approval to advertise an Ordinance regulating motor vehicle title loan transactions; providing for motor vehicle title loan transactions; providing definitions; providing for maximum interest rate; providing for transaction satisfaction and default; providing for licenses; providing for violations and penalties; providing for additional remedy to borrower; providing for private right of action; providing for transition period for regulations, restrictions, and licensure provisions; providing for penalties; 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 the awarding of bid concerning the advertisement of the 1999 Delinquent Tax Rolls to the lowest bidder, The Key West Citizen. Motion carried unanimously. 02/16/00 2000/44 MISCELLANEOUS BULK APPROVALS Airport Director Peter Horton addressed the Board. Motion was made by Commissioner Harvey and seconded by Mayor Freeman granting approval and authorizing execution of a Service Agreement between Monroe County and Chem Treat, Inc., to provide chemicals and equipment for maintenance of the air-conditioning system chiller at the Marathon Airport. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Harvey granting approval to purchase flood and windstorm insurance for the East Martello Tower in the amount of$15,636. Motion carried unanimously. County Administrator James Roberts discussed with the Board the approval of a Renewal Agreement between Monroe County and the Human Animal Care Coalition, Inc., for operation of the Key Largo Animal Shelter in the amount of$190,631.50 per year (1.9% CPI increase over last year's contract amount of$187,077.04), and authorization for the Mayor to execute same. George Parks addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Williams to hold the item until discussion and vote on Agenda item L5 concerning the discussion of Ordinance 03-2000 amending Section 3-15(2) relating to animal neutering has taken place. Motion carried unanimously. Mr. Roberts and Carlos Zarate, Senior Director of Facilities Maintenance addressed the Board concerning approval to rescind previous Board of County Commissioners' action of August 11, 1999, item C 15, and approval to enter into a Lease Agreement to provide office space for this non-profit Organization. The Botanical Garden Society will provide to the County, $100 in-kind services per month in lieu of payment. Carol Ann Sharkey, President of the Key West Botanical Gardens addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent supporting renewal of the Lease, but require the $100 per month, with Commissioner Williams paying for the 1 st month and Commissioner Harvey paying the 2nd month. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Neugent to table the matter until the agenda item is heard in Key West for a presentation by the Key West Botanical Garden. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams No Mayor Freeman No Motion failed. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to honor the terms of the lease. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Neugent Yes 02/16/00 2000/45 Commissioner Reich Commissioner Williams Mayor Freeman Yes Yes Yes Motion carried. COUNTY ADMINISTRATOR Mr. Roberts discussed with the Board consideration of a request from Exclusive Sports Marketing for temporary Closing/Special Use of State Road. Sheriff Richard D. Roth; Captain Jenny Bell-Thomson; and T. 1. Caeser addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Reich to disapprove the item. Roll call vote was unanimous. MISCELLANEOUS BULK APPROVALS Mr. Zarate and Theresa Hendricks, Executive Director of the Upper Keys YMCA addressed the Board concerning approval to rescind Board of County Commissioners' previous action of January 19, 2000, approving an agreement with the Upper Keys Family YMCA for management of the Key Largo Community Park, and approval to enter into a revised management agreement. Harlen Brown representing The Free Press addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval of the agreement as amended. Said amendment as follows: Page 5, #30 CONTACT PERSONS. Change to: Building Administrator in the Upper Keys, Ken Thulin. Roll call vote was unanimous. Motion was made by Commissioner Harvey and seconded by Commissioner Neugent granting approval to renew the Business Lease between Monroe County and the Big Pine Athletic Association to lease Parcels II and II, Pine Key Acres, Big Pine Key, Florida (a.k.a. Watson Field) for an amount of rent totaling $1.00 per year. Motion carried unanimously. County Engineer Dave Koppel and Mr. Zarate addressed the Board concerning the authorization to solicit bids to remove existing plastic turf grids and install new turf stone pavers at the Harvey Government Center at Historic Truman School. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Harvey to postpone to next month. Motion carried unanimously. Mr. Koppel addressed the Board. After discussion, Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval to issue a purchase order to Accurate Enterprises in the amount of $22,500 for the fence removal along Card Sound Road and 02/16/00 2000/46 C-905, Key Largo. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval to issue the purchase order with the caveat that if in the future Monroe County needs to redirect the fence, the United States Department of the Interior Fish & Wildlife Service pay for it. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Freeman Yes Motion carried. DIVISION OF SOLID WASTE MANAGEMENT Solid Waste Director Clark Lake updated the Board on status of the Solid Waste Franchise AgreementslExclusive Roll-Office Service Franchise and Specialty Hauler Permits. Mr. Lake also informed the Board that he would agenda an item for next month's meeting concerning a Request to Advertise for available land in the Upper Keys on a contingency basis for hurricane debris. DIVISION OF PUBLIC WORKS Mr. Roberts reported to the Board that County Staff had met on January 11, 2000, with the Florida Keys Society for the Prevention of Cruelty to Animals (FKSPCA) to discuss recent complaints, plans for corrective action to prevent reoccurrence. Said documentation is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Reich discussed her item with the Board concerning the Board of County Commissioner's recognizing the need to split the budget of the Monroe County Sheriff for Fiscal Year 2000-2001 to provide separate millages for the cost of services that benefit only unincorporated Monroe County residents from the cost of services that provide a benefit county wide authorizing Staff to take all steps necessary to create a funding mechanism (MSTU, MSBU, MSTD) or to utilize existing districts to reflect the millage split; and providing an effective date. The following individuals addressed the Board: Sheriff Richard D. Roth; Ted Carter, Jill Patterson, Adam Koslofsky, Ron Levy, representing Islamorada, Village ofIslands; Charles Baldwin representing Islamorada, Village ofIslands; and Charles Brooks. Said item was continued to the Board of County Commissioners' meeting of March 2000, in Marathon. 02/16/00 2000/47 Attorney David P. Horan discussed with the Board Commissioner Harvey's item concerning Communications Facility on Cudjoe Key. Mr. Hendrick and Growth Management Director Tim McGarry addressed the Board. The following individuals also addressed the Board: Sheriff Richard D. Roth, Marion Serelis, Barbara L. Smith, Dennis Henize, Tina Henize, Debra Harrison, representing the World Wildlife Federation, Mark Baker, representing Industrial Communications; Sandy Walters, representing Industrial Communications. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Harvey to continue the item to the Board of County Commissioners' meeting of March 2000, in Marathon. Mr. Horan and Ms. Walters addressed the Board for the second time. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Neugent Yes Commissioner Reich Yes Commissioner Williams No Mayor Freeman Yes Motion carried. Commissioner Williams discussed her item with the Board concerning an update on Old Settlers Park. Mr. Zarate, Mr. Roberts, and Mr. Koppel addressed the Board. After discussion, Motion was made by Commissioner Neugent and seconded by Commissioner Williams requesting the Tourist Development Council- DAC V to consider the amount of $25,000 available for the facilitate the completion of Settler's Park. Roll call vote was unanimous. Commissioner Williams discussed her item with the Board concerning approval of the plans by the Upper Keys Fire Chiefs to utilize the assistance for retired Fire Chief Jim Ward to review, recommend and develop standardized mutual aid agreements and policies for emergency services for the Upper Keys. Jim Ward addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the item. Mr. Roberts addressed the Board. Motion carried unanimously. Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval of a settlement with Marty Arnold and approval of a Resolution to transfer funds needed to cover stipulation for settlement. Roll call vote was unanimous. RESOLUTION NO. 084-2000 See Resolution Book No. 145 which is incorporated herein by reference Commissioner Williams discussed her item with the Board concerning Ordinance 03-2000 amending Section 3-15(2) relating to animal neutering. Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval to rescind Ordinance No. 03-2000 and advertise for Public Hearing. Mr. Hendrick addressed the Board. After consideration, the motion was amended by the maker with 02/16/00 2000/48 the second accepting to adopt the following Ordinance declaring that an emergency exists and waiving notice by a four-fifth's vote; striking Ordinance No. 03-2000 which provided that any animal kept at the shelter in excess of five days must be neutered with the cost deducted from any boarding fees charged to the person later claiming the animal and which provided reenacting the prior version of Section 3-15(2), Monroe County Code, that did not so provide; 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. Kathy Walker, representing the Humane Animal Care Coalition, and George Parks addressed the Board. Roll call vote was unanimous. ORDINANCE NO. 007A-2000 See Ordinance Book No. 54 incorporated herein by reference MISCELLANEOUS BULK APPROVALS George Parks and Melody Cassidy addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval to renew and authorized execution of an Agreement between Monroe County and the Humane Animal Care Coalition, Inc., for operation of the Key Largo Animal Shelter in the amount of $190,631.50 per year (1.9% CPlincrease over last year's contract amount of$187,077.04). Mr. Roberts addressed the Board. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning a request to continue the hearing on Key Largo Sewage Treatment Taxing District to Key Largo after the February 28th meeting, to a hearing on the Island of Key Largo that evening at 6 P.M. at the Masonic Lodge in Tavernier. Motion was made by Commissioner Williams and seconded by Commissioner Neugent approving the item. Mr. Hendrick addressed the Board. Motion carried unanimously. COUNTY ATTORNEY Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval, as amended, to advertise an Ordinance amending Sec. 3-7(5) and Sec. 13.5-5, Monroe County Code, in order to prohibit all dogs, except seeing-eye dogs, from all Monroe County Facilities, Parks and Beaches, 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. Said amendment as follows: Replace the word "dog" to "domestic animals" in the Ordinance. Roll call vote was taken with the following results: 02/16/00 2000/49 Commissioner Harvey Commissioner Neugent Commissioner Reich Commissioner Williams Mayor Freeman Yes Yes Yes No Yes Motion carried. COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning a request for approval for the expansion of Long Beach Road, Big Pine Key, to be delayed and included in the Habitat Conservation Plan project. The Clerk read the following letters into the record: Louise Matthews of the Lower Keys Chamber of Commerce, and Sue Abbott of Latitude 24 Real Estate, Inc. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to pave Long Beach Road, but remand the decision of expansion of the road to the Habitat Conservation Plan (RCP) process and its' determination; and that County Public Works projects be required to have Environmental Resources and the United States Fish & Wildlife review just as any other development permit would have to undergo. Mr. Koppel addressed the Board. After consideration, the motion was withdrawn and the item was referred to Commissioner Williams as the Board's Land Use Facilitator. COUNTY ADMINISTRATOR Mr. Roberts addressed the Board concerning the update on Mariners Hospital Contract Elayne Versage, representing Fountains of Living, Inc., addressed the Board. Mr. Roberts discussed with the Board Paradise Islands and the Lower Keys incorporation movements. Motion was made by Commissioner Reich and seconded by Commissioner Neugent to hold the next quarterly BOCC/TDC meeting on March 13,2000 at 10:00 AM. at the Marathon Government Center. Motion carried unanimously. The Board continued to tomorrow's meeting (02-17-00), the approval of a contract for the transfer of ownership of a trailer between Monroe County and Paradise Interfaith Network and for the Paradise Interfaith Network to provide the County with a replacement trailer of similar size and condition. Mr. Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval of the appointment of Sharon Macut, Executive Director of the Upper Keys Chamber of Commerce, as representative to the South Florida Resource Conservation and Development Council. Motion carried unanimously. 02/16/00 2000/50 COMMISSIONERS' ITEMS Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval to enter into a License and Maintenance Agreement between Monroe County and Banana Cabana Academy, Inc., and authorized execution of same. Motion carried unanimously. COUNTY CLERK Motion was made by Commissioner Williams and seconded by Mayor Freeman requesting the Clerk's Office to amend the summary ofTDC expenditures and to categorize and provide subtotals for the various types of expenditures. Motion carried unanimously. COUNTY ATTORNEY Mr. Hendrick discussed with the Board the following cases: His attendance at the Southern District of Florida concerning Ted Carter Enterprises v. Monroe County; Rovel Construction concerning nonpayment for work at the Key West International Airport; A Ruling concerning former Governor Claude R. Kirk/Everglades Cleanup. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the ratification of the filing of an Initial Brief of Amicus Curiae, Monroe County, Florida, in support of Petitioners. Motion carried unanimously. Mr. Hendrick addressed the Board. Motion was made by Commissioners Williams and seconded by Commissioner Neugent granting approval to advertise an Ordinance amending Sec. 2-1.1, Monroe County Code in order to provide that the Beneficial Use and Vested Rights Special Master may be employed as an independent contractor as a alternative to being employed as a part-time Monroe County employee; Providing for a $500 per hearing day fee if the Hearing Officer elects contractor status. Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~Q. ~~<l~ Isabel C. DeSantis, Deputy Clerk