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06/14/2000 Regular - MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2000/164 Regular Meeting Board of County Commissioners Wednesday, June 14,2000 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., on the above date at the Marathon Government Center. Present were Commissioner Wilhelmina Harvey, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams, and Mayor Shirley Freeman. Also present were Danny L. 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. ADDITIONS, CORRECTIONS, DELETIONS -- Motion was made by Commissioner Williams 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 Presentation ofa check for $500.00 donated by the 1st place winners, Al Hillman, Nancy Hillman and Harry Good, and the 2nd place winner, Bill Holtz, for CLEAN UP STOCK ISLAND DAY. The winners donated their prize money for shade trees to be planted at Bernstein Park. Presentation of Employee of the Month Award for the month of March 2000 to Kimberly Wells, Firefighter/Paramedic, EMS Department, Public Safety Division. __ Presentation of Years of Service Award for 15 years of service to Joe London, Fire Marshal. 06/14/2000 2000/165 -- BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Harvey to approve the following items by unanimous consent: Board granted approval of the re-appointment of Mike Lannon to the Jobs & Education Partnership (JEP), which will extend his service until 2004. Board granted approval and authorized execution of a Project Agreement providing for Emergency Fuel/Facilities joint usage between the Monroe County Government, the City Electric System, the City of Key West, the Florida Keys Aqueduct Authority, and the Monroe County School Board. This project Agreement is to provide availability among the parties of each other's fuel and facilities during an emergency or as otherwise agreed upon. Board granted approval and authorized execution of an Amendment to Contract #WIA-PY'99-45-04 between Monroe County and South Florida Employment & Training Consortium increasing the amount of funds by $3,160 to pay for salary and fringes through September 30,2000 for the Community Services Director Liaison services for representative duties. -- Board granted approval and authorized execution of Amendment 002 to 1999-00 USDA Rate Agreement (Contract #US-051) between Monroe County and the Alliance for Aging, Inc. the Amendment decreases the total amount of the Rate Agreement by $684 due to reimbursement rate decrease. Board granted approval and authorized execution of a Subgrant Agreement between Monroe County and the National Council on the Aging, Inc. SCSEP PY 2000-2001, July 1,2000 through June 30,2001. Board granted approval and authorized execution of Modification NO.1 to Contract No. 00EA-F5-11-54-01-018 between Monroe County and the Florida Department of Community Affairs, concerning Low-Income Home Energy Assistance Program funds. Board granted approval and authorized execution of Amendment 0001 to 99-00 Community Care for Disabled Adults Contract #KG-026 between the State of Florida/Department of Children & Families 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 ofa Vegetative Waste and Hurricane Debris Lease Agreement between Monroe County and T oppinos, Inc. Board granted approval and authorized execution of a Renewal Agreement between __ Monroe County and the Monroe County Health Department for Small Quantity Hazardous Waste Assessment, Notification and Verification. 06/14/2000 2000/166 - 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 accepted a Proposal from Arthur J. Gallagher to provide Airport Liability Insurance at an annual premium of $44,370. Board adopted the following Resolution concerning the Transfer of Funds (OMB Schedule Item Number 1). RESOLUTION NO. 206-2000 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. 207-2000 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. 208-2000 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. 209-2000 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. 210-2000 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 6). RESOLUTION NO. 211-2000 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 7). 06/14/2000 2000/167 - RESOLUTION NO. 212-2000 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. 213-2000 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. 214-2000 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 10). RESOLUTION NO. 215-2000 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 11). RESOLUTION NO. 216-2000 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 12). RESOLUTION NO. 217-2000 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. 218-2000 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 14). - RESOLUTION NO. 219-2000 See Res Book No. 145, which is incorporated herein by reference. 06/14/2000 2000/168 - Board adopted the following Resolution amending Resolution No. 195-2000 (OMB Schedule Item Number 15). RESOLUTION NO. 220-2000 See Res Book No. 145, which is incorporated herein by reference. Board granted approval for the Experimental Aircraft Association to place displays to promote aviation in the Florida Keys Marathon Airport Terminal Building, pending a Lease Agreement of no monetary value. Board granted approval and authorized execution of Purchase Service Order 99/00-10 between Monroe County and URS Greiner Woodward Clyde for construction phase services for the resurfacing of the Commercial and General Aviation Aprons, construction of General Aviation Aprons, and resurfacing of parallel taxiway at the Key West International Airport. Board granted approval and authorized execution of Purchase Service Order 99/00-11 between Monroe County and URS Greiner Woodward Clyde for implementation of Phase I of the Noise Compatibility Program (NCP) at the Key West International Airport. ;- Board granted approval and authorized execution of Land and Space Lease DTFA06-00-L-20250 between Monroe County and the Federal Aviation Administration at the Marathon Airport. Board granted approval to apply for Port of Entry Status for aircraft arriving from Cuba at the Key West International Airport and the Florida Keys Marathon Airport. Board granted approval of Award of Bid to Danko Emergency Equipment for a Rapid Intervention Vehicle, FAA Project No. 3-16-0037-1500, for the Air Rescue Fire Department at the Key West International Airport, in the amount of$147,695.00. Board granted approval of Award of Bid to Pavex Corporation, FDOT WPI Project No. 6826783/6826784, PFC Application 3,4 & 5, FAA Project No. 3-12-0037-1500, for resurfacing Taxiway and Aprons at the Key West International Airport, subject to issuance of a Grant by the Federal Aviation Administration, and authorization for the Mayor to execute Contract upon review by the County Attorney. Board granted approval to rescind Amendment I to Agreement between Monroe County, on behalf of Emergency Management, and Florida International University, the Greater Miami Chapter of the American Red Cross. Board granted approval to extend and authorized execution of the Agreement between Monroe County and the District Board of Trustees of Florida Keys Community College (FKCC) concerning EMS training to June 30,2001. -- 06/14/2000 2000/169 - Board granted approval to issue a Purchase Order to Medtronic-Physio Control Corporation, Quotation No. DKW4139046-A, for twenty-one automated external defibrillators through EMS County Award Grant C9944, in the total amount of$65,574.50. Board granted approval to renew and authorized execution of Renewal Agreements (a joint venture) between Monroe County and Genuine Parts Co. of Miami, Napa Auto Parts of Key West, Vincent Auto Parts of Marathon and Beckman Auto Parts of Key Largo. Board granted authorization for Yoga by the Sea to utilize the wood platform at Higgs Beach. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Planned Parenthood of Greater Miami and the Florida Keys for office space at the Ruth Ivins Center in Marathon, and the Department of Health Clinic in Tavernier. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Culver's Cleaning Company for providing janitorial service to include opening/closing of rest rooms at Veteran's Memorial Park (AKA Little Duck Key) in the amount of$I,500.00 per month. -- Board granted approval to rescind the Lease Agreement between Monroe County and Deputy Linda Kohout effective June 30, 2000, and authorized for the Mayor to execute a Lease Agreement with a Deputy Sheriff appointed by Sheriff Rick Roth to reside at the trailer located on Sombrero Beach. Board granted approval to renew and authorized execution of a Lease Agreement between Monroe County and Deputy Mark Taylor of the Monroe County Sheriff's Department to reside in the residence located at Watson Field (more commonly known as the Stiglitz House) for an amount of rent and utilities totaling $400.00 per month. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Department of Transportation FIN No. 25056515201 and WPI No. 6166920, for the maintenance of a bike path and adjacent landscaping on US 1 from Big Coppitt Key to Bay Point, and a Resolution authorizing the Mayor to execute same. RESOLUTION NO. 221-2000 See Res. Book No. 145, which is incorporated herein by reference. -- Board adopted the following Resolution authorizing the submission of the 13th year Recycling and Education Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2001. 06/14/2000 2000/170 - RESOLUTION NO. 222-2000 See Res. Book No. 145, which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of the 13th year Solid Waste Tire Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2001. RESOLUTION NO. 223-2000 See Res. Book No. 145, which is incorporated herein by reference. DIVISION OF PUBLIC WORKS Board granted approval to construct an additional lane 1500 feet in length, on C905 at the entrance to Ocean Reef in Key Largo. Board granted approval to submit two candidate projects to be included in the Small County Outreach Program, 1) Resurfacing ofC905 in Key Largo and 2) Resurfacing of Card Sound Road in Key Largo. MONROE COUNTY HOUSING AUTHORITY -- Board adopted the following Resolution requesting the assignment of Elderly Homeowner Rehabilitation Program Funds in the amount of$4, 125.00 to Habitat for Humanity of Key West and Lower Florida Keys, Inc. on behalf of the very-low income/handicapped household of Julia and Frederico Rodriguez, B16 Eighth Avenue, Stock Island, Florida. RESOLUTION NO. 224-2000 See Res. Book No. 145, which is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval to change the December BOCC meeting dates from December 20 & 21 to December 13 & 14,2000. Board granted approval for funds to assist the Big Pine Key Athletic Association in summer programs at the Blue Heron Park. Board granted approval of reimbursement expenses for Mayor Shirley Freeman and Commissioner Wilhelmina Harvey concerning costs associated with the "Sniff Tour" in Engelwood and Sanibel Island on June 16 & 17,2000 conducted by Ogden Water Systems. -- 06/14/2000 2000/171 -- COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: --- Court Reporter Services, All Keys Reporting, in the amount of$I,083.00; American Court Reporting, in the amount of$521.00; Amy Landry, in the amount of$185.60; Associated Court Reporters, in the amount of$51O.00; Donald Court Reporting, in the amount of$346.00; Esquire Deposition Service, in the amount of$127.50; Florida Keys Reporting Inc., in the amount of $243.00; Official Reporting, in the amount of$216.00; Vicki Lynn Doty, in the amount of$2,619.75. Competency Evaluation, Deborah A. Harrison PHD, in the amount of $690.00. Court Interpreter, Alex Diaz, in the amount of$155.00; Anna M. Stults, in the amount of $140.00; Claudia M. Hancock, in the amount of$25.00; Donna Bejdova, in the amount of $25.00; Estrella Garcia, in the amount of$707.50; Gilbert D. Mora, in the amount of $40.00; Heidi D' Alquen, in the amount of$50.00; Jan Trawinski, in the amount of$25.00; Jenine Ouillette, in the amount of $25.00; Jiri Dolezal, in the amount of $25.00; Mary Lou Waas, in the amount of$175.00; Mayda Maloney, in the amount of$382.00; Sergio Alvarez, in the amount of $472.50; William G. Waddell, in the amount of$505.00. Witness Coordination, Witness Payroll, in the amount of $200.00; Travel & Per Diem, in the amount of$8,345.50. Expert Witness Fees, Gary W. Litman, in the amount of$2,000.00; The Counseling Associates, in the amount of$350.00; Thomas Hibberd PHD, in the amount of$I,050.00. Other Services Circuit, Avis Rent A Car System Inc., in the amount of $90.48; Joseph Rich CPS, in the amount of $60.00; Keys Office Equipment Inc., in the amount of$143.65; Lower Keys Medical Center, in the amount of $9.00; Peary Fowler, in the amount of $350.00; Pedro Mercado, in the amount of $397.64; Samuel Kaufman, in the amount of$119.50; State of Florida, in the amount of$251.85. Sheriff Extraditions, Monroe County Sheriff's Department, in the amount of $2, 133.20. WARRANTS Board approved the following Warrants (#030554-032081): General Fund (001), in the amount of$I,392,015.13; Sup to General Revenue (002), in the amount of$40,616.40; Fine & Forfeiture Fund (101), in the amount of$135,951.92; Road & Bridge Fund (102), in the amount of$162,398.74; Law Library Fund (103), in the amount of$386.28; TDC District Two Penny (115), in the amount of$116,641.99; TDC Admin & Promo 2 Cent (116), in the amount of$388,569.86. TDC District 1,3 Cent (117), in the amount of $407, 137.46; TDC District 2, 3 Cent (118), in the amount of $6,091.74; TDC District 3, 3 Cent (119), in the amount of $9,320.18; TDC District 4, 3 Cent (120), in the amount of $48,688.94; TDC District 5, 3 Cent (121), in the amount of$13,358.43; Gov Fund Type Grants (125), in the amount of$283,956.10; Impact Fees Parks & Rec (131), in the amount of$97.00; Fire & Amb Dist 1 L & M Keys (141), in the amount of$67,638.80; Upper Keys Health Care (144), in the amount of $4, 124.12; Fire & Amb Dist 6 Key Largo (146), in - the amount of$28,971.95; Uninc Svc Dist Parks & Rec (147), in the amount of$69,820.49; Plan, Build, Zoning (148), in the amount of$156,487.95; 911 Enhancement Fee (150), in the -- -- - 06/14/2000 2000/172 amount of$I,061.04; Duck Key Security (152), in the amount of$I,484.85; Local Housing Assistance (153), in the amount of$71,206.34; Boating Improvement Fund (157), in the amount of$5,519.60; Misc Special Revenue Fund (158), in the amount of$13,355.11; FI Keys Marine Marathon (159), in the amount of$2,521.60; 1 Cent Infra Surtax (304), in the amount of$700,572.00; Clerks Rev Note, Capital (306), in the amount of$500.00; Card Sound Bridge (401), in the amount of$28,732.19; Marathon Airport (403), in the amount of $23,705.21; Key West Inti Airport (404), in the amount of$75,852.65; MSD Solid Waste (414), in the amount of$I,048,677.33; Worker's Compensation (501), in the amount of $6,901.28; Group Insurance Fund (502), in the amount of$219,446.04; Risk Management Fund (503), in the amount of$13,305.52; Fleet Management Fund (504), in the amount of $73,944.99;. Law Enforcement Trust Fund (600), in the amount of$O.OO. Board granted official approval of the minutes from the Special meeting of AprilS, 2000; and Regular meetings of April 19 & 20,2000. TOURIST DEVELOPMENT COUNCIL Board approved the following Expenditures: Advertising, in the amount of $461 ,882.31; Chamber Payments, in the amount of $81,833.32; Events, in the amount of$39,537.84; Office Supplies & Oper Costs, in the amount of$236,587.42; Personal Services, in the amount of$87,550.16; Public Relations, in the amount of$50,124.75; Sales & Marketing, in the amount of$56,750.99; Telephone & Utilities, in the amount of$37,976.31; Travel, in the amount of$II,730.44. COUNTY ADMINISTRATOR Board granted approval and authorized execution ofa Three-Way Agreement between Monroe County, Florida Keys Community College and the Monroe County School Board for the utilization of the County's educational cable Channel 98. Board granted approval of a request for temporary road closure/re-routing of traffic for State Road 905 on July 4,2000, for the annual July 4th Parade in Key Largo. COUNTY ATTORNEY Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Bamboo Terrace, Key Haven, fifth-addition, Monroe County, Florida. RESOLUTION NO. 225-2000 See Res. Book No. 145, which is incorporated herein by reference. - - ..- 06/14/2000 2000/173 Board granted approval to advertise an Ordinance establishing a non-criminal civil fine of $15 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 $15 for parking past the expiration time at parking meters located at the Key West International Airport; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing an effective date. Board adopted the following Resolution approving the issuance ofIndustrial Development Revenue Bonds in an amount not to exceed $1,000,000 by the Monroe County Industrial Development Authority. RESOLUTION NO. 226-2000 See Res. Book No. 145, which is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Airport Director Peter Horton discussed with the Board approval of a Lease Agreement for Aircraft Mechanic Facilities at the Florida Keys Marathon Airport with Tony D' Aiuto, dba Antique Aircraft Restorations. The following individuals addressed the Board: Christopher Kirk, representing Kirk Enterprise, Inc.; Walter Moran, John Murphy, representing FWC Aircraft operations; Joy S. Doumis; Ed Waldorf, Dick Ramsay, representing Florida Keys Aviation Association; Tracy Dart, Tony D' Aiuto, representing Antique Aircraft Restorations; Kevin A. Finney, Bob Brayman, Carolyn Geutreaux, Nancy Schofield, Lyle Cameron, Randy Mearns, Rob Grant, representing Grantair; Ed Steigerwald, representing Paradise Aviation; and Dick Ruddell. After Board discussion, motion was made by Commissioner Williams and seconded by Commissioner Harvey to table the item to the next scheduled Board meeting in Marathon. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Neugent No Commissioner Reich No Commissioner Williams Yes Mayor Freeman No Motion failed. Mr. Horton addressed the Board a second time. Motion was then made by Commissioner Reich and seconded by Commissioner Neugent to approve the item. Roll call vote was unanimous. County Attorney James T. Hendrick addressed the Board. The Board supported Commissioner Williams' request for the Marathon Airport Manager to put together a meeting with the FBO's currently under contract and to prepare a report for the Board on the complaints and conditions that these people are having to deal with; to develop a more formal business plan where the minimum application standards have been met, and if not, the Airport Director and Division Director are to present a letter explaining why. 06/14/2000 2000/174 - The Board discussed approval of a Renewal Agreement between Monroe County and the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the Key West, Big Pine and Marathon Animal Shelters in the amount of$469,030.90 per year (2.7%) CPI increase over last year's contract amount of $456,700). The following individuals addressed the Board: Becky H. Knight, Kathy Ilman, Gwen Hawtoff, President of the FKSPCA; and Public Works Director Dent Pierce. After discussion, motion was made by Commissioner Williams and seconded by Mayor Freeman granting approval of the item. Roll call vote was unanimous. Mr. Horton discussed with the Board approval to reject all proposals to develop general aviation hangars at the Florida Keys Marathon Airport, and approval to re-advertise for same. The following individuals addressed the Board: Bob Brayman, Dick Ramsey, representing the Florida Keys Aviation Association; and Brian C. Schmitt, representing Marathon Hangar Development, Inc. After discussion, motion was made by Mayor Freeman and seconded by Commissioner Reich granting approval per Staff recommendation to reject all proposals and re-advertise. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Neugent No Commissioner Reich Yes Commissioner Williams No Mayor Freeman Yes Motion failed. Mr. Horton addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams directing the Airport Director to enter into negotiations with the Number One top ranked firm - the Marathon Hangar Development, Inc. to develop general aviation hangars at the Florida Keys Marathon Airport. 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. Marathon Airport Manager Teresa Cook discussed with the Board consideration from Tilden and Sally Billiter d/b/a as Aviators' Snack Bar, to have Monroe County buyout their lease at the Florida Keys Marathon Airport. Mr. Hendrick addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval for Staff to negotiate with the lessors to buyout or terminate the lease. Roll call vote was unanimous. - Dick Ramsay made a presentation to the Board concerning the permanent display of a World War II aircraft at the Florida Keys Marathon Airport. Mr. Horton and Mr. Hendrick addressed the Board. Motion was made by Commissioner Harvey and seconded by 06/14/2000 2000/175 -- Commissioner Neugent granting approval per Staff recommendation of the item as long as there is no cost to the airport. Roll call vote was unanimous. SHERIFF'S DEPARTMENT Sheriff Richard D. Roth made a presentation to the Board concerning his response to the Board's request concerning highway fatalities in the Florida Keys this past year. Sheriff Roth updated the Board on the status of municipal policing contracts. Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the following expenditures from Law Enforcement Trust Fund in the total amount of$160,220: $125,000 To be transferred to the Monroe County School Board to fund the Summer Recreation Programs sponsored by the Monroe County School Board throughout the county. $ 30,000 To be transferred to the Monroe County District. It will be used to fund a variety of currently unbudgeted programs, each of which has been approved by Superintendent Michael J. Lannon. -- $ 920 To be used for the purchase of child abuse prevention manuals for Big Brothers Big Sisters of Monroe County. $ 4,300 This sum will assist funding "Challenge Day" in the City of Marathon. This curriculum and mentor program aids in continuing the "Challenge Day" principles in the classroom and the entire school. Motion carried unanimously. PUBLIC HEARINGS -- 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(A)(5), Monroe County Code, in order to clarify that construction and demolition debris may be disposed of at a Florida Department of Environmental Protection permitted solid waste facility; 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 Section 8-85 and 8-86(a), Monroe County Code, in order to 06/14/2000 2000/176 -- remove the requirement 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. Mr. Hendrick addressed the Board and presented a replacement Ordinance. The Board accepted public input with the following individuals addressing the Board: John Albert, representing Waste Management; and Sandy Walters, representing the Key West Transfer Station addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Neugent to adopt the following Ordinance presented by the County Attorney. Motion carried unanimously. ORDINANCE NO. 035-2000 See Ordinance Book No. 55 incorporated herein by reference Commissioner Williams excused herself from the meeting. A Public Hearing was held declaring that an emergency exists and waiving notice by a four-fifths vote; amending Ordinance No. 031-1988 in order to delete the municipality of Key Colony Beach from the Lower and Middle Keys Fire and Ambulance District; 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. Motion was made by Commissioner Reich and seconded by Commissioner Neugent to declare that an emergency exists pursuant to the provisions of Florida Statute 125.66(3) and waiving notice requirements. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously, with Commissioner Williams not present. ORDINANCE NO. 036 -2000 See Ordinance Book No. 55 incorporated herein by reference COUNTY ATTORNEY Motion was made by Commissioner Neugent and seconded by Commissioner Reich granting approval and authorizing execution 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, with Commissioner Williams not present. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Harvey granting approval to accept a grant (in lieu of a grant, the National Oceanic and Atmospheric Administration, Sanctuaries & Reserves Division provides funding in the form of a purchase -- order) from Florida Keys National Marine Sanctuary to continue lobster monitoring in marine 06/14/2000 2000/177 -- reserves from June 1, 2000 through May 31, 2001. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Neugent Yes Commissioner Reich No Mayor Freeman Yes Motion carried, with Commissioner Williams not present. Commissioner Williams returned to the meeting. DIVISION OF SOLID WASTE MANAGEMENT Solid Waste Management Director Clark Lake updated the Board on progress in securing rental land for debris management in Upper and Middle Keys. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval for the County Administrator to negotiate for property in case no bids are received. Motion carried unanimously. -- MISCELLANEOUS BULK APPROVALS Commissioner Williams discussed with the Board approval to modify Request for Use of County Property Rules and Regulations and approval to modify fee structure for the use of Monroe County Government Meeting Rooms and establishing Channel 16 televising cost structure. Mr. Robert addressed the Board. Said items were referred to Staff COMMISSIONERS' ITEMS Mayor Freeman discussed her item with the Board concerning approval to reschedule the November Board meeting dates due to election being held the day before meeting on November 7th. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval to change the meeting date to November 13 & 14,2000. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval of the Duck Key Security District contract with Diamond Security and approval of Advisory Board members to fill current vacancies: Tom Novell to replace Board member Bob Shearer for the remainder of his 3 year term and Gerald Fortier to replace Pino Moro for the remainder of his 3 year term. Motion carried unanimously. -- 06/14/2000 2000/178 - COUNTY ADMINISTRATOR Mr. Roberts reported to the Board status of wastewater legislation in the U.S. Senate. Mr. Roberts discussed with the Board the possibility of providing for extra space in the Key Largo Library meeting room and that he was proceeding with negotiations. Mr. Roberts reported to the Board on the recent trip to Washington, D.C. on The Florida Keys Water Quality Improvement Act, along with Commissioners Mary Kay Reich, Nora Williams and George Neugent concerning the bill introduced by Senators Bob Graham and Connie Mack. Commissioner Williams informed the Board that she would schedule a tele- conference call next week with the Governor's Office and each Commissioner at their offices. Mr. Roberts discussed with the Board approval of an appointment to the Career Service Council. Commissioner Reich nominated Arnold Steinmetz. Commissioner Harvey nominated Juilo Margalli. Commissioner Neugent nominated John Dillon. Said nominations were closed. The Board proceeded to ballot on the candidates on the basis of the lowest point total being the individual selected, with the following results: -- Name Harvev Neu~ent Reich Williams Freeman Total Arnold Steinmetz 3 3 1 1 2 10 John Dillon 2 1 3 3 1 10 Julio Margalli 1 2 2 2 3 10 Based on the above totals, the Board agreed to re-ballot the nominations of Arnold Steinmetz and John Dillon since these two nominees both received two number one rankings, with the following results: Name Harvev Neugent Reich Williams Freeman Total John Dillon 1 1 2 2 1 7 Arnold Steinmetz 2 2 1 1 2 8 The above announcement was made at the next day's Board meeting (06-15-00). Motion was made by Commissioner Williams and seconded by Commissioner Reich confirming the Administrator's appointment of Joseph Paskalik to be the Monroe County Building Official. Mr. Roberts addressed the Board. Motion carried unanimously. COUNTY ATTORNEY - Mr. Hendrick informed the Board that the Post, Buckley, Schuh & Jernigan litigation had finally reached mediation. Mr. Hendrick also discussed status of the Shaddick litigation and requested that a closed door session be held during the next scheduled Board meeting including the entire Board, Karen Cabanas, Esq., Tim McGarry, and Mr. Roberts. 06/14/2000 Re.vIs/of) 2000/179 -- PUBLIC HEARINGS 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, Park 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: Beverly Welber, Philip Bailey, John Manges, and Dana Carnegie. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Reich to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 037 -2000 See Ordinance Book No. 55 incorporated herein by reference A Public Hearing was held concerning adoption of an Ordinance approving the request filed by the Planning Department to amend the Monroe County Land Development Regulations, Section 9.5-4, Definitions, Section 9.5-232 through 9.5-238, Section 9.5-242, Section 9.5-244 through 9.5-249, and Section 9.5-252. These changes concern permitted uses to permit public wastewater treatment facilities in various land use districts and to amend Section 9.5-249, Industrial Land Use District, to permit parking lots for uses located in adjacent land use districts. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Williams to continue to the Board meeting scheduled for July 27, 2000 at 10:30 A.M. in Key West. Motion carried unanimously. * A Public Hearing was held concerning adoption of an Ordinance approving the request filed by the Planning Department to amend the Monroe County Land Development Regulations, Section 9.5-4, Definitions; Section 9.5-241, Offshore Island District; Section 9.5-242.5 Improved Subdivision-Tourist Housing; and Section 9.5-534 Vacation Rental Uses. These changes clarify where and how vacation rentals may be permitted, require a licensed vacation rental manager for each unit, and provide for enhanced enforcement; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs. The Board received public input with the following individuals addressing the Board: Cynthia Cameron, representing the Lower Keys Chamber and Lower Keys Vacation Rental Committee; Robert Schneider, representing the Big Pine Civic Association; Eugene Shinkevich, and Attorney Lee Rohe. The Board continued the Public Hearing to the Board meeting scheduled for July 26,2000 at 5:01 P.M. in Key West. * The Board discussed with Mr. Rohe status of the City of Key West Short Term Rental Hearing. Mr. Hendrick and Mr. McGarry addressed the Board. -- 06/14/2000 2000/180 -- 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. ~~~ Isabel C. DeSantis, Deputy Clerk --