05/17/2000 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 17, 2000
Key Largo, Florida
2000/132
A Regular Meeting of the Monroe County Board of County Commissioners convened at
10:00 A.M., on the above date at the Key Largo Library. Present 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
Motion was made by Commissioner Harvey and seconded by Commissioner Neugent
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
Presentation of Employee of the Month award for January, 2000 to Theresa Lewis, Site
Manager, Plantation Key Senior Citizens Nutrition Program, Social Services Department,
Community Services Division.
Week. A Proclamation was made proclaiming the week of May 14-20, 2000 as Preservation
A Proclamation was made proclaiming the month of May, 2000 as Fair Housing and
Community Development Month.
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Week.
A Proclamation was made proclaiming the week of May 14-20, 2000 as Law Enforcement
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Williams
granting approval of the following items by unanimous consent:
Board granted approval to remove surplus equipment from inventory via
disposal/destruction and advertising for bids and accepting bids for same. Said list is incorporated
herein by reference.
Board granted approval to Award of Bid to Toppino's, Inc. for the Parking Lot Projects,
FDOT WPI Project No. 6826774 and PFC Application No. 3, at the Key West International
Airport in the amount of $480,067.95, and authorized Mayor to sign the construction contract,
upon review by the County Attorney. This project will be funded by the Florida Department of
Transportation (50%) and Passenger Facility Charge Revenue (50%).
Board granted approval for Globe Aviation Services to occupy office space at the Florida
Keys Marathon Airport on a month to month basis, pending their decision regarding services for
the Airport, and a new Lease Agreement should they continue to provide security screening
services.
Board granted approval of an Automated Teller Machine Agreement between Monroe
County and First National Bank of the Florida Keys for the Florida Keys Marathon Airport.
Board granted approval of Purchase/Service Order No. 99/00-8 with URS Greiner
Woodward Clyde to provide Runway Safety Evaluations for the Key West International and
Marathon Airports. This study addresses requirements of Federal Aviation Administration Order
5200.8, and will be funded by the Federal Aviation Administration (90%), Florida Department of
Transportation (5%) and Passenger Facility Charge Revenue (5%).
Board granted approval for the Middle Keys Experimental Aircraft Association to use the
Florida Keys Marathon Airport Terminal and ramp for the Young Eagles Fly In, on Saturday,
June 3, 2000, from 8:00 a.m. to 5:00 p.m.
Board granted approval of Purchase/Service Order No. 99/00-09 between Monroe County
and URS Greiner Woodward Clyde for design and construction services for a new Fixed Base
Operator apron, apron expansion, and PAPI Lights at the Florida Keys Marathon Airport.
Contract amount will be paid by the Federal Aviation Administration (90%), the Florida
Department of Transportation (5%), and Passenger Facility Charge Revenue (5%).
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Board granted approval and authorized execution of a Lease and Concession Agreement
between Monroe County and Budget Rent a Car Corporation for operations at the Key West
International Airport for a term of five years.
Board adopted the following Resolution authorizing the submission of a Grant Application
to the Florida Department of Community Affairs FY 00/01 Anti -Drug Abuse Grant Program.
RESOLUTION NO. 169-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution concerning the Transfer of Funds (OMB
Schedule Item No. 1).
RESOLUTION NO. 170-2000
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 No. 2).
RESOLUTION NO. 171-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution concerning the Transfer of Funds (OMB
Schedule Item No. 3).
RESOLUTION NO. 172-2000
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 No. 4).
RESOLUTION NO. 173-2000
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 No. 5).
RESOLUTION NO. 174-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution concerning the Transfer of Funds (OMB
Schedule Item No. 6).
RESOLUTION NO. 175-2000
_ . See Res. Book No. 145, which is incorporated herein by reference.
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2000/135
Board adopted the following Resolution concerning the Receipt of Unanticipated Funds
(OMB Schedule Item No. 7).
RESOLUTION NO. 176-2000
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 No. 8).
RESOLUTION NO. 177-2000
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 No. 9).
RESOLUTION NO. 178-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution concerning the Transfer of Funds (OMB
Schedule Item No. 10).
RESOLUTION NO. 179-2000
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 No. 11).
RESOLUTION NO. 180-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution concerning the Transfer of Funds (OMB
Schedule Item No. 12).
RESOLUTION NO. 181-2000
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 No. 13).
RESOLUTION NO..182-2000
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 No. 14).
RESOLUTION NO. 183-2000
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2000/136
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 No. 15).
RESOLUTION NO. 184-2000
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 No. 16).
RESOLUTION NO. 185-2000
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 No. 17).
RESOLUTION NO. 186-2000
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 No. 18).
RESOLUTION NO. 187-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution concerning the Transfer of Funds (OMB
Schedule Item No. 19).
RESOLUTION NO. 188-2000
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 No. 20). -
RESOLUTION NO. 189-2000
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 No. 21).
RESOLUTION NO. 190-2000
See Res. Book No. 145, which is incorporated herein by reference.
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2000/137
Board adopted the following Resolution concerning the Receipt of Unanticipated Funds
(OMB Schedule Item No. 22).
RESOLUTION NO. 191-2000
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 No. 23).,
RESOLUTION NO. 192-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board adopted the following Resolution concerning the Transfer of Funds (OMB
Schedule Item No. 24).
RESOLUTION NO. 193-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board granted approval and authorized execution of a Frame Relay Service Agreement
between Monroe County and BellSouth Telecommunications, Inc. for the provision of the Frame
Relay Service and Broadband Exchange Line Service.
Board granted approval of the Hartford Life Insurance Policy Rider, Group Policy No.
GVL-016007, for FY 1999/2000 and the Group Life and Accidental Death & Dismemberment
booklet -certificate for our plan.
Board granted approval to advertise for bids for Central Air Conditioning Maintenance
and Repair for the Lower Keys facilities.
Board granted approval to advertise for bids for Central Air Conditioning Maintenance
and Repair for the Upper Keys facilities.
Board granted approval to enter into a Lease Agreement between Monroe County and
Cayo Hueso Parking, Inc. to help alleviate the parking problems at Jackson Square. Cayo Hueso
Parking, Inc. will lease 20 parking spaces located at 416 Southard Street, for $10.00 per
space/per day, Monday through Friday from 8:00 a.m. to 5:00 p.m.
Board granted approval to discontinue efforts to Lease the Thomas Street employee
parking lot after regular County business hours due to lack of bid response.
Board granted approval and authorized execution of a Structure Placement Agreement
between Monroe County and Keys Children's Foundation, Inc. for the Pavilion Shelter at the Key
Largo Community Park.
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Board granted approval to award bid and enter into contract with the lowest responsive
bidder, Tom Ryan, Inc. dba Ryan Construction Services, for the Marathon Clerk of Court
Renovation project, and authorization for Mayor to execute same and approval of a Resolution
Transferring Funds for the Marathon Clerk of Court Renovation.
RESOLUTION NO. 195-2000
See Res. Book No. 145, which is incorporated herein by reference
Board granted approval of Change Order No. .2 for the Marathon Community Park
Project and authorized for Mayor to execute same.
Board granted approval to advertise a Request for Proposal for the replacement of the
septic system at the Key Largo Transfer Station.
Board granted approval to redirect the Fire Rescue Office to not place two firefighters
into the Key Largo Transfer Station.
Board granted approval and authorized execution of a Cooperative Equipment Lease
Agreement between Monroe County and the State of Florida Department of Agriculture and
Consumer Services Division of Forestry to obtain two surplus brush trucks for use in our County
fire fighting system.
Board granted approval and authorized execution of an Agreement between Monroe
County and the Florida Department of Community Affairs concerning the State and Local
Assistance Grant, Agreement #OOEM-D3-11-54-01-044, in the amount of $28,779.00 to support
activities and projects identified in the approved five-year strategic plan. The County is obligated
to a 100% match of these funds.
Board granted approval and authorized a Contract between Monroe County and the South
Florida Employment & Training. Consortium (SFETC) concerning the Summer Youth
Employment Program. This program will serve 92 disadvantaged youths from ages 14-21
throughout Monroe County.
Board granted approval to submit Florida Nurserymen and Growers Association Garden
Grant application for the purchase of plant material to enhance the Key West Library Palm
Garden.
Board granted approval and authorized execution of Amendment 003 to 99-00
Community Care for the Elderly Contract #KG-971 between the Alliance for Aging, Inc., the
Area Agency on Aging for Planning and 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 and authorized execution of Amendment 003 to 99-00 Home and
Community Based Medicaid Waiver Spending Authority Contract #KS0012 between the Alliance
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f
for Aging, Inc., the Area Agency on Aging for Planning and 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 and authorized execution of Amendment 002 to 99-00 Home
Care for the Elderly Contract #KH-972 between the Alliance for Aging, Inc., the Area Agency on
Aging for Planning and 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 and authorized execution of Amendment 003 to 99-00
Alzheimer's Disease Initiative Contract #KG-997 between the Alliance for Aging, Inc., the Area
Agency on Aging for Planning and 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 of payment to Jean "Niko" Reisinger and Browning, Eden, Sireci,
Klitenick for attorney's fees in regards to resolution of Career Service issue in the amount of
$3500.
Board granted approval to award Monroe County Fire Academy Scholarships to three
Key West High School students, Osbaldo Hernandez, Jr., Betty Acevedo, and Michael L. Whyms.
Board adopted the following Resolution concerning the Transfer of Funds for the
Marathon Community Park Project.
RESOLUTION NO. 194-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board .granted approval and authorized execution of a Contract Amendment between
Monroe County and DL Porter Constructors' for completion of the Gato Building Renovation.
The following are the changes: change corporate name, provide 7 additional sets of contract
documents free of charge„and amend section 8.3.4 "CLAIMS FOR ADDITIONAL TIME".
DIVISION OF PUBLIC SAFETY
Board granted approval of the adoption of the Monroe County Local Mitigation Stratey
(LMS) Document, revised as per Department of Community Affairs (DCA) comments and minor
revisions from LMS working group members, presented by Ms. Janice Drewing, project
contractor.
MONROE COUNTY SHERIFF DEPARTMENT
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Board granted approval of request for expenditures from the Law Enforcement Trust
Fund, as follows:
$150,000 This sum would be used to support this agency's continued participation in
the IMPACT Task Force. The mission of IMPACT is to interrupt money-laundering activity
based in the South Florida area. Money launderers operating in Florida offer their services
throughout this hemisphere. Their activity is essential to continued criminal enterprise, and
poisonous to our local community.
$700 This amount will pay for artwork of child victims of abuse to be transferred
to t-shirts to promote awareness of victim's rights. The State Attorney's Office is sponsoring this
in conjunction with Child Abuse Prevention month.
COMMISSIONERS' ITEMS
Board adopted the following Resolution in recognition of the late Gerald "Cuchi"
Hernandez Sr.
i
RESOLUTION NO. 196-2000
See Res. Book No. 145, which is incorporated herein by reference.
Board granted approval of Commissioner Harvey's appointment of Steven L. Miller to
serve on the Parks and Recreation Advisory Board, replacing Marsha Drew who has resigned
from this position.
Board granted approval of Commissioner Harvey's appointment of Sylvia Barrett to serve
on the Monroe County Library Advisory Board, replacing Michael Miller who has resigned from
this position.
Board granted approval of Commissioner Harvey's appointment of Dean Rollings to serve
on the Key West International Airport Ad -Hoc Committee on Airport Noise, replacing the late
Robert W. Elliott, Jr., Ret. RADM.
Board granted approval of Mayor Freeman's appointment of Captain Lynda Schuh to the
Marine and Port Advisory Committee, replacing A.D. Tinkham who has resigned from this
position.
Board adopted the following Resolution urging Senators Bob Graham and Connie Mack
to take a leadership role in requesting the United States Senate pass into law the Florida Keys
Water Quality Improvement Act of 2000 during the current congressional term.
RESOLUTION NO. 168-2000
See Res. Book No. 145, which is incorporated herein by reference.
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COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture Expenditures:
Court Reporter Services, Amy Landry, in the amount of $75.00; Associated Court
Reporters, in the amount of $3,126.50; Florida Keys Reporting Inc., in the amount of $142.50;
Vicki Lynn Doty, in the amount of $1,253.00. Competency Evaluation, A. Louis O'Connor PH
D, in the amount of $350.00; Fredrick L. Covan PH D, in the amount of $350.00; James W.
Holbrook ED D, in the amount of $350.00; Pamela A. Strother LCSW, in the amount of $350.00;
Tanju Mishara PHD, in the amount of $350.00; Thomas Hibberd PH D, in the amount of
$350.00. Court Interpreter, Alex/Diaz, in the amount of $105.00; Anna M. Stults, in the
amount of"$90.00; Club Lec International, in the amount of $500.00; Estrella Garcia, in the
amount of $327.50; Heidi D'Alquen, in the amount of'$165.00; Jenine Ouillette, in the amount of
$25.00; Jiri Dolezal, in the amount of $120.00; Loan Fernandez, in the amount of $60.00; Mary
Lou Waas, in the amount of $220.00; Mayda Maloney, in the amount of $183.00; Sergio Alvarez,
in the amount of $315.00; William G. Waddell, in the amount of $460.00. Witness
Coordination, Witness Payroll, in the amount of $210.00; Travel & Per Diem, in the amount of
$9,300.26. Expert Witness Fees, A. Lamar Miller, in the amount of $400.00; FL Medico
Legal Malpractice, in the amount of $225.00; Guillermo Marcovici MD, in the amount of
$450.00; H. Chip Walls, in the amount of $1,500.00; "James W. Holbrook ED D, in the amount of
$350.00; John R. Feegel, in the amount of $750.00; Laurence R. Sands MD, in the amount of
$500.00; Michael D. Hillinger, in the amount of $1,000.00. Other Circuit.Court Cost, Cheryl
L. Crant, in the amount of $117.76; Johnathon Ellsworth, in the amount of $107.90; Key West
Travel Condo, in the amount of $1,003.00; Nancy Rossell, in the amount of $314.80; Pelican
Cove, in the amount of $256.46; Renee Stump, in the amount of $63.00; Sara Bryson, in the
amount of $769.43. Other Services Circuit, David R. Lacure & Associates, in the amount of
$30.00; JM Investigations Inc., �in the amount of $63.00; Reliable Correspondence, in the amount
of $37.44; State of Florida, in the amount of $210.90. Sheriff Extraditions, Monroe County
Sheriffs Department, in the amount of $13,051.99.
WARRANTS
Board approved the following Warrants (#029074-030553):
General Fund (001), in the amount of $1,814,917.42; Sup to General Revenue (002),
in the amount of $32,893.45; Fine & Forfeiture Fund (101), in the amount of $2,706,256.38;
Road & Bridge Fund (102), in the amount of $167,949.62; Law Library Fund (103), in the
amount of $3,735.82; TDC District Two Penny (115), in the amount of ,$219,716.53; TDC
Admin & Promo 2 Cent (116), in the amount of $340,749.25. TDC District 1, 3 Cent (117), in
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the amount of $81,139.86; TDC District 2, 3 Cent (118), in the amount of $5,832.98; TDC
District 3, 3 Cent (119), in the amount of $10,913.33; TDC District 4, 3 Cent (120), in the
amount of $15,299.28; TDC District 5, 3 Cent (121), in the amount of $12,957.99; Gov Fund
Type Grants (125), in the amount of $1,139,963.62; Impact Fees Parks & Rec (131), in the
amount of $0.00; Fire & Amb Dist 1 L & M Keys (141), in the amount of $95,211.97; Upper
Keys Health Care (144), in the amount of $3,759.41; Fire & Amb Dist 6 Key Largo (146), in
the amount of $26,629.89; Uninc Svc Dist Parks & Rec (147), in the amount of $18,696.03;
Plan, Build, Zoning (148), in the amount of,$101,215.00; 911 Enhancement Fee (150), in the
amount of $4,610.10; Duck Key Security (152), in the amount of $297.00; Local Housing
Assistance (153), in the amount of $174,320.80; Boating Improvement Fund (157), in the
amount of $38,649.92; Misc Special Revenue Fund (158), in the amount of $8,502.11; Fl Keys
Marine Marathon (159), in the amount of $31,582.11; 1 Cent Infra Surtax (304), in the
amount of $196,398.26; Clerks Rev Note, Capital (306), in the amount of $56,462.00; Card
Sound Bridge (401), in the amount of $4,250.12; Marathon Airport (403), in the amount of
$33,551.62; Key West Intl Airport (404), in the amount of $150,373.40; MSD Solid Waste
(414), in the amount of $410,968.40; Worker's Compensation (501), in the amount of
$24,096.55; Group Insurance Fund (502), in the amount of $155,569.37; Risk Management
Fund (503), in the amount of $234,981.10; Fleet Management Fund (504), in the amount of
$81,952.50;. Law Enforcement Trust Fund (600), in the amount of $11,671.17.
Board granted official approval of the Board of County Commissioner's minutes from the
Special meeting of March 13; Regular meetings of March 15 & 16; Special meeting of March 31,
2000; and Regular meeting of the Industrial Development Authority of April 19, 2000.
Board granted approval of the following Summary of Tourist Development Council
expenditures for the month of April, 2000:
Advertising, in the amount of $431,695.89; Chamber Payments, in the amount of
$25,583.32; Events, in the amount of $22,419.02; Office Supplies & Oper Costs, in the amount
of $27,185.94; Personal Services, in the amount of $46,148.27; Public Relations, in the amount
of $70,725.90; Sales & Marketing, in the amount of $33,455.54; Telephone & Utilities, in the
amount of $12,735.18; Travel, in the amount of $19,508.16.
COUNTY ADMINISTRATOR
Board granted approval and authorized execution of an Agreement between Monroe
County and the City of Marathon in reference to the utilization of the County's meeting room in
the Marathon Government Center and the televising of Marathon Council meetings.
Board granted approval of Fred Buckholtz's request for the reappointment of Ray
Pryzybyl, Dick Holland, and Richard Adler to the Duck Key Security Advisory Board.
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COUNTY ATTORNEY
Board granted approval and authorized execution of an Agreement subordinating a SHIP
Mortgage given to Monroe County by Juanita LeBaron to a new first mortgage in favor of
Eastern Savings Bank.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Freeman discussed with the Board a request by the Florida Keys Aqueduct
Authority to continue Agenda item B-7 for tomorrow's meeting (05-18-00) concerning ongoing
contract negotiations including rate structure policy and financing programs between the Florida
Keys Aqueduct Authority (FKAA) and Ogden Water Systems to construct and operate the Key
Largo Wastewater Project, to a Special Meeting of the Board of County Commissioners on June
26, 27, or 28, 2000. Said date to be confirmed by each Commissioner by the end of tomorrow's
meeting.
MISCELLANEOUS BULK APPROVALS
John Carter, Senior Director - Office of Management & Budget addressed the Board.
After discussion, motion was made by Commissioner Williams and seconded by Commissioner
Harvey granting approval of changes made to Purchasing Policies regarding the purchasing
authorization limits, and requested that a report be given to the Board concerning the actual
number of people who will have authority to purchase. Motion carried unanimously.
County Administrator James Roberts addressed the Board. After discussion, motion was
made by Commissioner Neugent and seconded by Commissioner Harvey granting approval to
advertise for bids for the services of an Employee Assistance Program for the employees of
Monroe County and their dependents. 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.
Mr. Roberts discussed with the Board approval to waive fee ($100 per weekday, $150
weekends/holidays) for MGM Pictures, Inc. to utilize Summerland Road, Key Largo, from May
3, 2000 through August 1, 2000. Rita Brown, Film Liaison for the Florida Keys and Key West
and Liz Elwell representative of MGM Pictures addressed the Board. Motion was made by
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Commissioner Williams and seconded by Commissioner Neugent granting approval of the item.
Roll call vote was unanimous.
County Attorney James T. Hendrick discussed Monroe County's Public Assembly
Ordinance.
Motion was made by Commissioner Harvey and seconded by Commissioner Neugent
accepting the monthly report on Change Orders reviewed by the County Administrator. 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.
Community Services Director James E. Malloch addressed the Board. Motion was made
by Commissioner Reich and seconded by Commissioner Neugent granting approval of the
following two items:
Amendment to Contract #WIA-PY'99-45-02, between Monroe County and the South
Florida Employment & Training Consortium increasing the amount of funds by $10,208 to pay
for unemployment compensation for a former JTPA intake worker for Monroe County.
Amendment to Contract #WIA-PY'99-45-03, between Monroe County and the South
Florida Employment & Training Consortium increasing the amount of funds by $3,000 to pay for
additional travel to and from Miami through September 30, 2000.
Motion carried unanimously.
Mr. Malloch addressed the Board. Motion was made by Commissioner Neugent and
seconded by Commissioner Harvey granting approval to establish procedures during emergencies
for lodging of County Employees (drivers, aides, Social Services and Emergency Management
personnel) and their immediate families by securing a.block of hotel/motel rooms in Miami -Dade
and Broward Counties and approval of a policy to pay drivers and aides for time worked and per
diem during the period of evacuation while in transit or while working on the grounds of FIU
providing assistance to special needs clients. Motion carried unanimously.
DIVISION OF PUBLIC WORKS
Public Works Director Dent Pierce reported to the Board problems with people misusing
areas of the parking lot at Friendship Park. Motion was made Commissioner Reich and seconded
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by Commissioner Neugent to pursue the change of hours of closing for Friendship Park from
10:30 P.M. to 8:30 P.M., and that any appropriate paperwork come back before the Board for
approval. Roll call vote was unanimous.
Mr. Pierce discussed installation of a fence around the parking lot area at Friendship Park.
Tom Garrettson, President of Humane Animal Care Coalition, Inc., which operates the
Key Largo Animal Shelter discussed with the Board animal control issues in the Upper Keys. Mr.
Garrettson disseminated to the Board copies of their Annual Report dated April 1, 1999 to March
31, 2000. After discussion, motion was made by Commissioner Williams and seconded by
Commissioner Neugent to refer to the County Attorney for an assessment of the pros and cons by
providing to the Board a recommendation of new animal control laws as proposed by the Key
Largo Animal Shelter, including review by Public Works. Motion carried unanimously.
County Engineer Dave Koppel and Mr. Pierce reported to the Board on Old Settlers Park.
Alice Allen, President of Friends of Old Settlers Park addressed the Board. After discussion,
motion was made by Commissioner Reich and seconded by Commissioner Harvey to remove the
appropriation of $25,000 for the observation platform to be used for one of the requests made
from the Friends of Old Settler's Park; that application be made to DAC V for the remainder of
the deficit; and ask DAC V that any funds remaining as yet unreceived at time of the budget, be a
priority for consideration particularly when looking at the Infrastructure Sales Tax. Motion
carried unanimously.
AIRPORTS
Peter Horton, Monroe County Airports Director informed the Board that the Monroe
County Ad -Hoc Committee on noise had received an excellent rating as part of noise
compatibility program.
Mr. Horton discussed purchase of a Radar System for the Control Tower at the Key West
International Airport. Motion was made by Commissioner Reich and seconded by Commissioner
Harvey granting approval of the following:
1. Declare the Sensis Corporation to be the sole source for the radar installation in the
Air Traffic Control Tower at Key West International Airport, as per the declaration
of same by the Federal Aviation Administration.
2. Immediately purchase the Sensis Corporation radar equipment and installation
package using a combination of Florida Department of Transportation funds and
Monroe County airport funds.
3. Authorize the Mayor to execute a contract with the Sensis Corporation for the above
upon legal review and approval.
Motion carried unanimously.
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' COMMISSIONERS' ITEMS
Commissioner Reich discussed her item with the Board concerning a Conceptual
Agreement to establish a Lease with the Upper Keys Community Pool, Inc. for land at the Key
Largo Community Park. Dr. James Boilini and Mr. Hendrick addressed the Board. After
discussion, motion was made by Commissioner Reich and seconded by Commissioner Neugent
granting conceptual approval of the request upon review and structuring of a formal lease by the
County Attorney. Motion carried unanimously.
Commissioner Harvey discussed her item with the Board concerning the issue that 5,500
to 6,000 clients are going to lose health insurance or allegedly face rate hikes from $542 per
person per month to $1,200 per person per month if Beacon Company pulls out. Clients and
residents urgently request help of Monroe County Commissioners. Meeting is set for Thursday,
May 18, 2000 at 7:30 P.M. at the Harvey Government Center, Key West, FL. That meeting is
being called by the Task Force and alarmed citizens. Commissioner Harvey requested that the
Board attend. The Board was also informed that on Friday, May 19, 2000 at 10:00 A.M. there
would be a meeting in Marathon concerning the same issue to be held at the Area Health
Education Center (AHEC) office located at Town Square Center beginning at 10:00 A.M.
COUNTY ADMINISTRATOR
Mr. Roberts discussed the recent decision by Beacon Insurance and its impact on the
employees of the Tourist Development Council. After discussion, motion was made by Mayor
Freeman and seconded by Commissioner Neugent granting conceptual approval for the County
Administrator to begin the process of including employees of the Tourist Development Council
with the County's Health Insurance Program. Motion carried unanimously.
Mr. Roberts informed the Board that copies of the County's Annual Report were being
distributed throughout the County.
MONROE COUNTY SHERIFF DEPARTMENT
Sheriff Richard D. Roth discussed with the Board. a request for the Board of County
Commissioner's assistance in funding a junk car removal program at $150 per car cost. Barry
Patterson addressed the Board. Motion was made by Commissioner Harvey and seconded by
Commissioner Neugent granting approval of the item, including boat trailers as well. Motion
carried unanimously.
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Williams granting approval and authorizing execution of
_r a Wastewater Consulting Agreement between Monroe County and Commonwealth Consulting
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2000/147
Corporation, through the conclusion of the present Legislative Session. Roll call vote was
unanimous.
COUNTY COMMISSIONERS'
Commissioner Harvey discussed her item with the Board concerning approval of a
Consent to Assignment and Second Amendment of Non -Exclusive Agreement between Monroe
County and Eller Media Company for selling and placing advertising at bus shelters/benches
located in State right-of-way, and authorization for Mayor to execute same. Mr. Hendricks
discussed the item with the Board. Attorney Nick Mulick, representing the Eller Media
Company; Adam Koslofsky, Barry Patterson, Fred Nickerson, Charles Brooks, and John
Hammerstrom addressed the Board. After discussion, motion was made by Commissioner
Williams and seconded by Mayor Freeman to deny the item. Roll call vote was taken with the
following results:
Commissioner Harvey
No
Commissioner Neugent
No
Commissioner Reich
No
Commissioner Williams
Yes
Mayor Freeman
Yes
Motion failed. After further discussion, motion was made by Commissioner Harvey and seconded
by Commissioner Neugent granting approval of the Consent Assignment, as amended. Said
amendment as follows:
Page 2 Delete the words "the 19" and change to the word "those" in the last
sentence of Paragraph 2.
New Paragraph 6 - This amended agreement shall not apply to any shelter located
within a municipality. Upon, and pursuant to the written request of the District
School Board of Monroe County, Contractor shall promptly relocate any
designated structure to another designated location or remove it.
Renumber Paragraph 6 to Paragraph 7.
Roll call vote was unanimous.
Mr. Roberts addressed the Board. Motion was made by Commissioner Harvey
and seconded by Commissioner Neugent granting approval to allow the Rural Health Network of
Monroe County, Florida, Inc. to have office and parking space at the Monroe County Health
Department's Ruth Ivins Center in Marathon, for the "Lifelines" MediVan and staff. Roll call
vote was unanimous.
05/17/2000
2000/148
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance creating Section 2-15.7,
Monroe County Code, in order to provide that all real property owned by the Land Authority is
exempt from the payment of Non -Ad Valorem Assessments; 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. There was no public input.
Motion was made by Commissioner Williams and seconded by Commissioner Harvey to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 027-2000
See Ordinance Book No. 55 incorporated herein by reference
A Public Hearing was held concerning adoption of an Ordinance providing for mandatory
costs to be assessed in specific cases and disbursed to Teen Court as provided for in Florida
Statutes Section 938.19; 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. Monroe County 'State Attorney Kirk Zuelch addressed the
Board. Motion was made by Commissioner Harvey and seconded by Commissioner Neugent to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 028-2000
See Ordinance Book No. 55 incorporated herein by reference
A Public Hearing was held concerning adoption of an Ordinance amending Section
8-72(uu)(2)(a), Monroe County Code, in order to amend the definition of Construction Waste;
Amending Section 8-82(e), Monroe County Code, in order to provide for a sub -category of the
specialty waste hauler license for construction and demolition debris removal; Providing for the
fees and charges for such license; Providing for standards and criteria for such license; Amending
Section 8-85, Monroe County Code, in order to provide that the applicant for a building permit
must list the licensed collector who will collect the construction and demolition debris; Amending
Sections 8-85 and 8-86(a), Monroe County Code, in order to remove the requirements that
construction and demolition debris must be disposed of at the County Solid Waste Facilities;
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. Mr. Roberts addressed the Board. The Board accepted public input with the:
following individuals addressed the Board: Bill Smith, Executive Director of the Florida Keys
'Contractors Association and Sandra Walters, representing Ray Gonzalez, president of Key West
Transfer Station, Inc. addressed the Board. The Board postponed the Public Hearing to the June
14, 2000 scheduled Board meeting in Marathon at 3:00 P.M.
COUNTY ATTORNEY
Motion was made by Commissioner Neugent and seconded by Commissioner Reich to
% evisi®-n
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2000/149
table approval of an Amendment to the Solid Waste Collection Franchise Agreements to allow
disposal of C&D debris at facilities other than the County transfer stations. Motion carried
unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance amending Section 2-388,
Monroe County Code, in order to add local road patrol law enforcement services as an essential
municipal service to the Monroe County general purpose municipal service taxing unit; 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. The
Board accepted public input with the following individual addressing the Board: Hal Heim.
Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 029-2000
See Ordinance Book No. 54 incorporated herein by reference
A Public Hearing was held concerning adoption of an Ordinance creating the Monroe
County Shared Asset Forfeiture Advisory Board (Board); Providing for a procedure and criteria
for the Advisory Board to evaluate requests for items and projects to be paid out of the Shared
Asset Forfeiture Fund (SAFF); Providing that the Board shall make recommendations to the
County Commission on which items and projects should be funded out of SAFF: Providing that
that the County Commission shall review and approve or disapprove the Board's
recommendations and forward the approved recommendations to the Sheriff who shall implement
the same unless he determines that the item or project recommended would violate the law of the
United States or the regulations of its agencies; 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. After discussion, motion was made
by Commissioner Reich and seconded by Commissioner Harvey to adopt the following
Ordinance, with the addition of the words "and adults" after the words "physical health of minors"
in the 2nd sentence of Section 3.c). Motion carried unanimously.
ORDINANCE NO. 030-2000
See Ordinance Book No. 54 incorporated herein by reference
A Public Hearing was held concerning adoption of an Ordinance creating Section
2-541(e)(4), Monroe County Code, in order to prohibit persons who design County construction
projects or furnish specifications for construction projects, goods or services from bidding on
such projects, goods or services; Amending Section 2-541(h), Monroe County Code, regarding
historical and financial information required from those submitting bids; Eliminating certain
exemptions or publicly traded entities for required bidding information; Provided that the County
Department soliciting bids or the OMB Director must consider the historical, litigation and
financial information received from those submitting bids and recommend to the BOCC whether
05/17/2000 2000/150
each bidder is responsible; Providing that bidders submitting false historical or financial
information or omitting relevant information will have their bids automatically rejected or
contracts terminated; 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. There was no public input. Motion was made by Commissioner
Williams and seconded by Commissioner Neugent to adopt the following Ordinance, with each
acronym above being spelled out. Motion carried unanimously.
ORDINANCE NO. 031-2000
See Ordinance Book No. 54 incorporated herein by reference
A Public Hearing was held concerning adoption of an Ordinance amending Chapter 13,
Article III, Monroe County Code, "Noise Control"; Repealing existing provisions and creating
new provisions regulating unreasonable noise; Providing applicability; Providing definitions;
Prohibiting unreasonable noise and requiring soundproofing of Commercial Structures providing
live entertainment or amplified music; regulating motor vehicle noise emissions; Providing
emergency exception; Providing for special variances; Providing for liability, penalties and
enforcement; Providing for other remedies and citizen suits; 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. There was no public input.
Motion was made by Commissioner Williams and seconded by Commissioner Harvey to adopt the
following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 032-2000
See Ordinance Book No. 54 incorporated herein by reference
A Public Hearing was held concerning adoption of a Resolution approving Florida Keys
Aqueduct Authority Resolution No. 00-05 which creates the Key Largo Waste Water District.
Mr. Hendrick addressed the Board. The Board accepted public input with the following
individual addressing the Board: Doris Kendall. After discussion, motion was made by
Commissioner Williams and seconded by Commissioner Neugent to adopt the following
Resolution. 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.
RESOLUTION NO. 197-2000
See Resolution Book No. 145 which is incorporated herein by reference
05/17/2000 2000/151
A Public Hearing was held concerning the issue of widening County Road 905 in Key
Largo. The Board accepted public input with the following individuals addressing the Board:
Barry Patterson, representing Earth Liberation Foundation; John Hammerstrom, Fred Nickerson,
Joan R. Mowery, representing Gulfstream Shores Homeowners; Hal Heim, Pamela Pierce, Todd
B. Firm, Michael Chenoweth, representing Friends of the Everglades; Deborah Shaw and Steve
Kieft. Monroe County's Bicycle Pedestrian Planner, Patricia Stratton made a presentation to the
Board. Representatives from the Florida Department of Transportation and County Engineer
Dave Koppel also addressed the Board. After discussion, motion was made by Commissioner
Neugent and seconded by Commissioner Harvey requesting Staff to ask the Department of
Transportation not to widen County Road 905. 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 Monroe County assuming responsibility for the $50,000
requested from the Department of Transportation for the above proposed widening. The Board
took no official action.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Williams and seconded by Mayor Freeman to re -open
the Agenda to hear Agenda item C-19 concerning authorization for the Mayor to execute a
Structure Placement Agreement for.the Pavilion Shelter at the Key Largo Community Park.
Motion carried unanimously. Mr. Hendrick addressed the Board. Motion was made by
Commissioner Williams and seconded by Commissioner Reich to approve the Agreement as
amended, Said amendment as follows:
Page 2 Add the following sentence at the end of Paragraph 7: The County's
procurement policies for public construction projects are not
applicable to Contractor's purchases, except as specif cally stated
herein.
Page 4 Add a new paragraph 17 as follows: Agency/Assignment. Contractor may
assign to YMCA of Greater Miami ("YMCA") its rights and obligations
(other than payment per paragraph 3 above) hereunder, or may designate
YMCA as its agent to take any action(s) to be performed hereunder.
Motion carried unanimously.
05/17/2000
2000/152
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an Ordinance approving the request by
Robert Robillard and Sam Stoia to change the Official Land Use District Map (zoning) from
Urban Residential Mobile Home (URM) to Urban Residential (UR) for properties described as
Mandalay Subdivision, Key Largo, located in Section 6, Township 62 South, Range 39 East, the
Northeasterly 325 feet of Square 3 which runs 250 feet between First and Second Street, Monroe
County, Florida, at approximately mile marker 97. Growth Management Director Tim McGarry
addressed the Board. The Board accepted public input with the following individual addressing
the Board: Greg Johnson. Motion was made by Commissioner Neugent and seconded by Mayor
Freeman to adopt the following Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 033-2000
See Ordinance Book No. 54 incorporated herein by reference
A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida
Department of Community Affairs the request by the Planning and Environmental Resources
Department to change the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan from Mixed Use Commercial (MC) to Residential Medium (RM) for 21
properties in Blocks 1 & 2 of Seaside Subdivision Addition 1 and Block 3 of Seaside Subdivision,
Key Largo, located in Section 14, Township 62 South, Range 38 East, at mile marker 95, having
the following real estate identification numbers:
00492490-000000, 00492500-000000, 00492510-000000, 00492520-000000,
00088820-000000, 00492530-000000, 00492540-000000, 00492550-000000,
00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000,
00492600-000000, 00492610-000000, 00492620-000000, 00492630-000000,
00492130-000000, 0049220-0000000, 00492190-000000, 00492180-000000
and 00492140-000000.
Mr. McGarry addressed the Board. There was no public input. Motion was made by
Commissioner Williams and seconded by Mayor Freeman to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 198-2000
See Resolution Book No. 145 which is incorporated herein by reference
A Public Hearing was held concerning adoption of a Resolution transmitting to the
Florida Department of Community Affairs the request by the Planning and Environmental
Resources Department to change to the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan from Mixed Use Commercial (MC) to Residential Medium (RM) for
properties described as Lots 5 & 6 and adjacent Bay Bottom, Re -Sub Seaside Subdivision, Key
Largo, located in Section 14, Township 62, Range 38, at approximately mile marker 94.5, having
the following real estate identification numbers:
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00492380-000000,00492390-000000 and 00088780-000000.
There was no public input. Motion was made by Commissioner Neugent and seconded by
Commissioner Reich to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 199-2000
See Resolution Book No. 145 which is incorporated herein by reference
A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida
Department of Community Affairs the request by the Planning and Environmental Resources
Department to change the Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan from Residential High (RH) to Mixed Use/Commercial (MC) for property
described as Lots 11, 12, 27 and 30, Block 2, Mandalay Subdivision, Key Largo, Section 06,
Township 62 South, Range 39 East, Monroe County, Florida, at approximately mile marker 97,
and having the following Real estate numbers:
00554460-000000, 00554620-000000, and 0055420-000000.
There was no public input. Motion was made by Commissioner Reich and seconded by
Commissioner Neugent to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 200-2000
See Resolution Book No. 145 which is incorporated herein by reference
A Public Hearing was held concerning adoption of an Ordinance amending Section 3-7(5)
and Section 13.5-5, Monroe County Code, in order to prohibit all domestic animals, except
animals that assist disabled persons, from all Monroe County facilities, parks and beaches, except
that part of Stock Island located within the City of Key West and all county animal shelters;
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. The Board accepted public input with the following individuals addressing the
Board: John Manges and Michael Welber. Motion was made by Commissioner Reich and
seconded by Commissioner Neugent to adopt the Ordinance. Mr. Hendrick also addressed the
Board and suggested the following wording change in the Ordinance:
Section 2. (c) Insert the words "of whatever size" between the words "any domestic
animal' and "other than an animal' in the section.
Commissioner Williams offered an amendment to approve the Ordinance with the change that the
exception not be made for all of Key Largo Park but for the area outside the fence for the
surrounding walk -a -round. The maker of the motion did not accept the amendment. After
further discussion, motion was made by Commissioner Reich and seconded by Commissioner
Neugent to table the item to the regular meeting of the Board scheduled for June 14, 2000 in
Marathon at 5:00 P.M. Motion carried unanimously.
05/17/2000 2000/154
COUNTY ADMINISTRATOR
Mr. Roberts discussed with the Board exploring the possibility of expanding the'Key
Largo Library meeting room.
Mr. Roberts informed the Board that he .was in the process of preparing proposals for
reorganization of County government and that the presentation would be made at the regular
Board meeting of June, 2000.
COUNTY ATTORNEY
Mr. Hendrick discussed with the Board the Criminal Cost Containment Program/Recovery
Program; Fourth -Quarter - F. Y. 1998-1999 (July 1 - September 30th and yearly re -cap).
Mr. Hendrick addressed the Board concerning approval to advertise an Ordinance
establishing a non -criminal civil fine of $30 for persons parking vehicles in violation of no parking
Or' restricted parking areas at Key West International Airport and establishing a non -criminal civil
fine -of $30 for parking past the expiration time at parking meters at the Key West International
Airport. After discussion, motion was made by Commissioner Williams and seconded by
Commissioner Neugent to have a hearing in Key West. Roll call vote was unanimous.
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
's�aJ.4 . e . &�j
Isabel C. DeSantis,
Deputy Clerk