Loading...
12/08/1999 Regular 99/447 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 8, 1999 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date, at the Marathon Government Center. 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 Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Suzanne Hutton, Assistant County Attorney; Garth Coller, Assistant County Attorney; 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 Williams 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. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to re-open the Agenda. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to add item S.8 concerning (1) - Approval to advertise an Ordinance providing that the owner of an on-site sewage treatment and disposal system must connect to a sewerage system within 30 days of notification from the owner of the sewerage system that the system is available; authorizing payment of connection fees over a two year period, or over a five year period if certain hardship conditions are met; Providing for penalties. (2) - In connection with requirement of state wastewater funding -application, authorization of Mayor to sign a Statement of Commitment to ~doption of a Mandatory Residential Hookup Ordinance. Roll call vote was taken with the following results: 99/448 commissioner Harvey Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Freeman Yes Motion carried. PRESENTATION OF AWARDS A Presentation of an award was given to publix Grocery of Marathon by The Florida Keys Council for People with Disabilities (FKCFPWD). A Presentation of Budget Award and Certificates of Achievement were given to the Office of Management and Budget. BULK APPROVALS Motion was made by Commissioner Harvey and seconded by ~ommissioner Williams granting approval of the following items by unanimous consent: Board granted approval to rescind approval of lease agreement between Monroe County and the Florida Department of Highway Safety and Motor Vehicles, for a facility at the Key West Airport. Approved and authorized execution of revised agreement between Monroe County and the Florida Department of Highway Safety and Motor Vehicles, for a facility at the Key West Airport. Approval of Department of Management Services Disclosure Statement. Board granted approval for Enterprise Rent A Car to continue operations at the Marathon Airport on a month-to-month basis, pending a lease extension agreement. 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 granted approval of state Aid to Libraries Program, Certification of Credentials Single Library Administrative Head. Board granted approval and authorized execution of prioritization of CARES Referrals Agreements 1999-2000, between CARES, Alliance for Aging, United Home Care Services and Monroe County Board of County -Commissioners/Monroe County Social Services (Monroe County In Home Service ?rogram, the Case Management Agency). 99/449 Board granted approval and authorized execution of 2000/2001 Low- Income Home Energy Assistance Program Grant between Monroe County and the Florida Department of Community Affairs. Board granted approval and authorized execution of Letter of Understanding regarding the Monroe County Board of County Commissioners Managed Care Arrangement. Board granted approval and authorized execution of the 1999-2000 Renewal Amendment for our Specific and Aggregate Excess Loss Insurance Policy between Monroe County and John Alden Life Insurance Company (Policy Amendment NO.9). Board adopted the following Resolutions for the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Resolution concerning the Transfer of Funds. (OMB Schedule Item NO.1) RESOLUTION NO. 569-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item NO.2) RESOLUTION NO. 570-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No.3) RESOLUTION NO. 571-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item NO.4) RESOLUTION NO. 572-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item NO.5) RESOLUTION NO. 573-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item NO.6) RESOLUTION NO. 574-1999 99/450 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item NO.7) RESOLUTION NO. 575-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No.8) RESOLUTION NO. 576-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item NO.9) RESOLUTION NO. 577-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 10) RESOLUTION NO. 578-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 11) RESOLUTION NO. 579-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 12) RESOLUTION NO. 580-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 13) RESOLUTION NO. 581-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 14) RESOLUTION NO. 582-1999 See Res. Book No. 144, which is incorporated herein by reference. 99/451 Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 15) RESOLUTION NO. 583-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 16) RESOLUTION NO. 584-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 17) RESOLUTION NO. 585-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 18) RESOLUTION NO. 586-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 19) RESOLUTION NO. 587-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 20) RESOLUTION NO. 588-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 21) RESOLUTION NO. 589-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 22) RESOLUTION NO. 590-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 23) 99/452 RESOLUTION NO. 591-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 24) RESOLUTION NO. 592-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 25) RESOLUTION NO. 593-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 26) RESOLUTION NO. 594-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item lo. 27) RESOLUTION NO. 595-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 28) RESOLUTION NO. 596-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 29) RESOLUTION NO. 597-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 30) RESOLUTION NO. 598-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 31) RESOLUTION NO. 599-1999 See Res. Book No. 144, which is incorporated herein by reference. 99/453 Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 32) RESOLUTION NO. 600-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 33) RESOLUTION NO. 601-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 34) RESOLUTION NO. 602-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 35) RESOLUTION NO. 603-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 36) RESOLUTION NO. 604-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 37) RESOLUTION NO. 605-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 38) RESOLUTION NO. 606-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 39) RESOLUTION NO. 607-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 40) ~ 'l.. 'J '\ 'S \ c ""Y"I. 99/454 RESOLUTION NO. 608-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 41) RESOLUTION NO. 609-1999 See Res. Book No. 144, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 42) RESOLUTION NO. 610-1999 See Res. Book No. 144, which is incorporated herein by reference. Board granted approval and authorized execution of renewal agreement between Monroe County and Brink's Incorporated for armored transportation services for the Card Sound Toll Facility for one additional year at the rate of $2,145 per month (10% increase over last year's rate as provided in rate schedule attached to original agreement). Board granted approval and authorized execution of an Amendment to Lease between Monroe County and James Chaplin, Chaplin Real Estate, concerning office space in Marathon for the State Attorney and Public Defender, in order to correct the lease term and to include payment of water under utilities paid by the County. Board granted approval and authorized execution of a Contract between Monroe County and J. A. LaRocco Enterprises, ~ Inc. for the Bayshore Manor fencing. Board granted formal approval of the OMB Circular A-87 Cost Allocation Plan for Fiscal Budget Year 1999. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of disposition of inventory items for the month of December 1999. Said list is herein incorporated by reference. Board granted approval of request for expenditures from the Law Enforcement Trust Fund, as follows: $2,500.00 This sum will help the Rural Health Network distribute information about the KidCare Program. The KidCare Program provides affordable health care for uninsured children. Legislature appropriated funds to insure that there are a reasonable number of slots available but few outreach dollars to promote the Program. This sum will assist the Rural Health Network in enrollment materials, publicity and other marketing expenses to promote the program. $1,500.00 This money will help fund the City of Key West's Annual 99/455 Holiday Festival on December 11, 1999. The event is designed to provide wholesome family-style entertainment for area youth. $5,000.00 This amount will be given to the Salvation Army to purchase toys for needy youngsters in our community. The toys will be distributed by the Monroe County Sheriff's Office Toys for Tots Program under the leadership of Ms. Pat Silvers. $8,000.00 This amount will be used to purchase new hardware for our Public Information Officer's computer system. The new equipment will facilitate development and maintenance of the newly created Sheriff's website, which provides a wide variety of information to our public. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution authorizing the extension of a Memorandum of Understanding with the Monroe County Housing Authority )reviously authorized under County Resolution 257-1997, as previously amended. RESOLUTION NO. 611-1999 See Res. Book No. 144, which is incorporated herein by reference. MISCELLANEOUS Board granted approval and authorized execution of contractual agreement between Monroe County and Monroe Council of the Arts for services to promote cultural tourism. COMMISSIONERS' ITEMS Board granted approval of Commissioner Harvey's appointment of Flynn smith to serve on the Key West International Airport Ad-Hoc Committee on Airport Noise. Board adopted the following Resolution in recognition of the late Donald E. Brassington. RESOLUTION NO. 612-1999 See Res. Book No. 144, which is incorporated herein by reference. Board approved the following Warrant: 99/456 GENERAL REVENUE FUND (001), #20635-22195, in the amount of $9,821,871.34. Board approved the following Fine and Forfeiture Expenditures: COURT REPORTER SERVICES, Amy Landry, in the amount of $1,380.50; Associated Court Reporters, in the amount of $1,193.00; Bay Area Reporting, in the amount of $223.95; Esquire Deposition Service, in the amount of $98.60; Florida Keys Reporting, in the amount of $896.40; Laws Reporting Inc, in the amount of $416.00; Suzanne Ex, in the amount of $1,641.20; Tower Court Reporting, in the amount of $60.00; vicky Lynn Doty, in the amount of $289.75. COMPETENCY EVALUATION, Guillermo Marcovici MD, in the amount of $450.00; James W. Holbrook ED D, in the amount of $350.00. COURT INTERPRETER, Alex Diaz, in the amount of $285.00; Donna Bejdova, in the amount of $65.00; Estrella Garcia, in the amount of $575.00; Grace Krulaski, in the amount of $25.00; Jan Trawinski, in the amount of $65.00; Jiri Dolezal, in the amount of $60.00; Loan Fernandez, in the amount of $35.00; Mary Lou Waas, in the amount of $260.00; Mayda _Maloney, in the amount of $400.00; Sergio Alvarez, in the amount of ?517.50; Susan Tellez, in the amount of $230.00; Thomas Lindsay, in the amount of $25.00; William G. Waddell, in the amount of $265.00. WITNESS COORDINATION, witness Payroll, in the amount of $255.00; witness Travel & pier Diem, in the amount of $5,182.19. EXPERT WITNESS FEES, Bruce A. Goldberger PHD, in the amount of $750.00; Universal Medical & Forensic, in the amount of $3,300.00. COURT APPOINTED ATTORNEY'S FEES, Carl Palomino Esquire, in the amount of $1,301.25; Cunningham Albritton Miller Heffernan, in the amount of $361.00; Gregory Davila, in the amount of $495.00; Laurie Hall Esquire, in the amount of $3,467.55; Leighton G. Morse, in the amount of $562.50; Richard M. Behr, in the amount of $277.50; Stephen S. Isherwood, in the amount of $1,500.00. SHERIFF EXTRADITIONS, Richard Roth, Sheriff of Monroe County, in the amount of $17,565.00. OTHER SERVICES CIRCUIT, David Burns, in the amount of $1,805.80; P. Dewitt Cason, in the amount of $6.00; Richard Wunch, in the amount of $765.21; State of Florida, in the amount of $132.30. COUNTY ADMINISTRATOR Board confirmed the County Administrator's appointment of Ms. Norma Kula to be the Director of the Monroe County Library System. Rev~~n 99/457 Board granted approval for the Board of County Commissioners to schedule a closed door (out-of-the-sunshine) meeting pursuant to section 286.011(8), F.S., with the County Administrator and legal counsel (Wayne Smith and William Friedlander) to discuss pending litigation concerning Carter Enterprises/Keys Sanitary services, Inc. vs Monroe County, Island Disposal vs Monroe County and solicit the Board's advice concerning these litigations and to consider other possible County litigation related to solid waste, to be held at The Harvey Government Center at Historic Truman School on January 20, 2000 at 1:30 p.m. COUNTY ATTORNEY Board granted approval to advertise an Ordinance amending Section 3-15(2), Monroe County Code, in order to clarify that animals determined to be adoptable may be kept at the shelter in excess of five days; Providing however that such animals must be neutered and the fee charged to the person adopting the animal or, if animals owner claims it after five days than the owner will be charged the neutering fee in lieu of the boarding fees; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Sharp Lane, Cutthroat Harbor Estates I Cudjoe Key, Monroe County, Florida. RESOLUTION NO. 613-1999 See Res. Book No. 144 which is incorporated herein by reference. Board granted approval to advertise an Ordinance extending the one cent infrastructure sales tax, otherwise due to expire in 2004, through December 31, 2018; Providing that the infrastructure tax proceeds may be spent on certain capital projects with a life expectancy of five years or more as well as any public purpose; Providing that such extension is only effective if approved by the county electorate voting in the March 14, 2000 Primary; Providing for notification to the Florida Department of Revenue if the tax is approved by the electorate; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise a Resolution for a Public Hearing requesting a designation of a Brownfields at the Monroe County Dump site on Middle Torch Key a/k/a Baltuff Dump site for the purpose of environmental remediation, rehabilitation, and economic development, ~ further authorizing the County Administrator to notify the Florida Jepartment of Environmental Protection under Chapter 62-785, F.A.C. Brownfields Cleanup criteria Rule, of said designation. 99/458 Board granted approval to advertise an Ordinance for a Public Hearing providing for Definitions; Providing that the owner of an on-site sewage treatment and disposal system must conform to a sewerage system within 30 days of notification from the owner of the sewerage system that the system is available; authorizing payment of connection fees over a two year period; or over a five year period if certain hardship conditions are met; 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. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Monroe County Airport Director Peter Horton addressed the Board. Motion was made by Mayor Freeman and seconded by Commissioner Neugent granting approval and authorizing execution of Change Order No. 1 between Monroe County and Toppino's Inc. to remove an additional portion of the sewer line road, for the Key West International Airport Environmental Mitigation Project. Motion carried unanimously. Community services Director Jim Malloch addressed the Board. Motion was made by Mayor Freeman and seconded by Commissioner Neugent granting approval of the following items: Approval of signatures for necessary documents to accompany the Alzheimer's Disease Initiative Bid Proposal, Sample Contract and Master Agreement between the Alliance for Aging, Inc., Monroe County/Monroe County Social Services (Monroe County In-Home Service Program, the case management agency). Approval of January 1, 2000 through December 31, 2000, Older American's Act Contract # AA029 between the Alliance for Aging, Inc., The Area Agency for Planning and Services Area 11 and Monroe County/Monroe County Social Services (Monroe County In-Home Service Program, the case management agency) and approval for the Mayor to send a letter to the Alliance for Aging, Inc. endorsing a formal request of an appeals hearing. Contract between Monroe County and G.A. Food, Inc. for frozen meals for Bayshore Manor as an addition to the Monroe County Nutrition III-C program contract with G. A. Food. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Harvey granting approval and authorizing execution of an Amendment to the Agreement between Monroe County and the Florida Keys 99/459 Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA) to change the hours of operation for the Key West and Marathon Shelters, and to require entities who solicit donations on behalf of the FKSPCA to provide the FKSPCA and the County with their financial records pertaining to the donated funds. Motion carried unanimously. Public Works Director Dent pierce and Assistant County Attorney Suzanne Hutton addressed the Board. After discussion, motion was made by Mayor Freeman and seconded by Commissioner Neugent granting approval, in concept, of the agreement between Monroe County and the YMCA of Greater Miami for management of the Key Largo Community Park contingent upon OMB, Risk Management and County Attorney review and approval. Motion carried unanimously. Mr. pierce addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of Award of Bid and authorizing execution of a Contract Agreement between Monroe County and Dade Restaurant Repair Shop, Inc. for a preventative maintenance service contract of the kitchen equipment located at the Monroe County Detention Center, in the amount of $3072 per year. The Board discussed approval to rescind lease agreement and enter into a modified lease agreement with the Marathon Yacht Club for bay bottom adjoining the Marathon Yacht Club site by changing the annual renewal option to an annual review. Motion was made by Commissioner Williams and seconded by Commissioner Harvey to table the item. Motion carried unanimously. Motion was made by Commissioner Williams 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. County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval and authorizing execution of a Contract between Monroe County and National Roofing South Florida, Inc. for the Islamorada Library Roof Repair. Motion carried unanimously. Mr. Koppel addressed the Board. Motion was made by Commissioner _~eich and seconded by Commissioner Neugent granting approval to request proposals for professional threshold inspection, quality control and 99/460 material testing, and subsurface investigation services for capital improvement projects. Motion carried unanimously. Motion was made by Commissioner williams and seconded by Commissioner Neugent to re-consider agenda item C.27 concerning formal approval of the OMB Circular A-87 Cost Allocation Plan for Fiscal Budget Year 1999. Motion carried unanimously. Mayor Freeman discussed the item with the Board. John Carter, Senior Director - Office of Management & Budget addressed the Board. After consideration, motion was made by Mayor Freeman and seconded by Commissioner Harvey formally approving the OMB Circular A-87 Cost Allocation Plan for Fiscal Budget 1999. Motion carried unanimously. DIVISION OF PUBLIC SAFETY Public Safety Director Reggie Paros addressed the Board and discussed activation of the Emergency operations Center (EOC) on December 31, 1999 and January 1, 2000. DIVISION OF MANAGEMENT SERVICES County Administrator James Roberts discussed with the Board the Retiree Health Insurance Program and possible options for reduction of liability according to policies that we expect will be recommended by the Government Accounting Standards Board. The following individuals addressed the Board: Gwenn Rodriguez and Mary Tucker. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent that whenever issues of retirement benefits are coming up for discussion or action, there be a formal notification of the employees both active and retired. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Veteran's Affairs Director Charles Ingraham made a presentation to the Board on behalf of Bill Quinn, Principal of Marathon High School and Vice-Chairman of the Florida Keys Council for People with Disabilities on the activities of the Council. AIRPORTS Mr. Horton discussed options to develop a General Aviation Hangar Facility at the Florida Keys Marathon Airport, and approval to advertise a Request for Proposals (RFP) for the development of the project. Motion was -made by Commissioner Neugent and seconded by Commissioner williams granting ~pproval to advertise a (RFP) for a Co-Op or corporation of Hangar Owners to construct hangars to standard specifications. Motion carried 99/461 unanimously. DEPARTMENT OF HEALTH The Board discussed approval of a Memorandum of Agreement leading to the cooperative effort between the County and the Florida Department of Health in the selection of Old Mariner's Hospital as a joint use site between the Sheriff and the Department of Health. After discussion, motion was made by Commissioner Reich and seconded by Mayor Freeman granting approval and authorizing execution of the Memorandum of Agreement. Roll call vote was unanimous. COMMISSIONERS' ITEMS commissioner Neugent discussed his item with the Board concerning approval of a Memorandum of Understanding between Monroe County and Harry H. Keith. Assistant County Attorney Suzanne Hutton addressed the Board. Motion was made by Commissioner Neugent and seconded by Mayor Freeman to pay Mr. Keith the sum of $5,911.44 which is the cost incurred for repairs. Roll call vote was taken with the following results: Commissioner Harvey No Commissioner Neugent Yes Commissioner Reich Yes Commissioner Williams Yes Mayor Freeman Yes Motion carried. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Mayor Shirley Freeman, Commissioner George Neugent, Commissioner Nora Williams, and Chairman Yvonne Harper. Absent was Commissioner Art French. Public Safety Director Reggie Paros informed the Board that at the next Board of Governor's meeting, he would update the Board on the status of the implementation of the combined cross-trained system throughout the County. Motion was made by Mayor Freeman and seconded by Commissioner 99/462 williams granting approval to relocate a 1969 Ford Pumper Engine 18 from the Big Coppitt Volunteer Fire Department to the Crawl Key Training Facility and relocate a 1976 Ford Tanker 38 from Marathon Volunteer Fire Department to the Big pine Key Volunteer Fire Department. Motion carried unanimously, with commissioner French not present. Motion was made by Commissioner williams and seconded by Commissioner Neugent to adjourn the meeting. Motion carried unanimously, with commissioner French not present. * * * * * The Board of County Commissioners reconvened with all Commissioners present. COMMISSIONERS' ITEMS Mayor Freeman reported to the Board status of her item concerning a report on Friends of Higgs Beach Committee meeting of November 30, 1999 and approval to advertise an ordinance revising Sec. 13.5-3, Higgs Beach County Park Regulations; Providing for a change in park opening hours and lllowing residents to have access to beach property after closing hours; After discussion, motion was made by Commissioner williams and seconded by Commissioner Neugent granting approval of the following recommendations: 1. Thank Sheriff Roth for providing a certified deputy and two all terrain vehicles to augment security now being provided by security officers. 2. Commend Chief Dillon and the Key West Police Department for their efficient backup of beach security officers. The KWPD has been most responsive and is greatly appreciated. 3. Request the appropriate law enforcement office to establish a neighborhood crime watch for the Higgs Beach neighborhood. 4. Request the County Attorney to prepare an Ordinance which authorizes members of the Higgs Beach Neighborhood Crime Watch to have access to beach property after closing hours and to change the park opening hours to 6:00 a.m. This will provide additional eyes for security at night and allow persons to legally enjoy the sunrise. A Public Hearing on this Ordinance will be held in Key West at the regular January BOCC meeting. 5. Request the Key West Police Department to remove any vehicle or person on the beach and park during the hours the park is closed (except members of the neighborhood crime watch). 6. Request the Public Works Department to develop plans for updating 99/463 the park signage, parking, traffic lanes, bicycle paths, lighting, landscaping, layout and facilities with input from the design committee. Roll call vote was unanimous. COUNTY CLERK Motion was made by Commissioner Williams and seconded by Commissioner Neugent officially approving the Board of County Commissioners minutes from the Special Meetings on September 15 & 22, 1999, October 7, 1999; and Regular Meetings on October 13 & 14, 1999. Motion carried unanimously. COUNTY ADMINISTRATOR Mr. Roberts discussed with the Board approval of extension of the Agreement between Monroe County and Commonwealth Consulting Corporation as per section 2 of their existing contract. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to table the item to next no nth and extend the contract on a month-to-month basis. Roll call vote was unanimous. Mr. Roberts discussed with the Board approval of award of bid for the development and publishing of an End of the Year publication for Monroe County Government consisting of the year 1999. Motion was made by Commissioner Williams to table the item. After discussion, the motion was withdrawn. Motion was then made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the award of bid with the Market Share Company to handle the production of the report. 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. COUNTY ATTORNEY County Attorney James T. Hendrick discussed with the Board the Growth Management Litigation memo dated December 8-9, 1999 from Karen K. Cabanas, Esq. of the firm Morgan & Hendrick. Said report is incorporated _lerein by reference. 99/464 Mr. Hendrick informed the Board that he had received a call from state Representative Ken Sorenson concerning the County's requests for certain Legislation. Mr. Hendrick discussed the Post, Buckley, Schuh & Jernigan litigation, and status of the Eminent Domain proceedings on the Chinchette property at the Marathon Park. The Board discussed approval of a Resolution awarding ten transferable development rights (TDR's) to Lots 4-12, Block 9, and Lot 10, Block 8, Indian Mounds Estates, Sugarloaf Key, Monroe County, Florida. Mr. Hendrick addressed the Board. The following individuals also addressed the Board: Attorney Charles H. Netter, representing the owner James A. Flenner; Eugene Shinkevich, and Charles Causey. After discussion, motion was made by Commissioner williams and seconded by Commissioner Reich granting approval of the Resolution with the amendment to limit the receiver site to the owner's designated highway frontage property on US Highway 1, Big coppitt Key, for the purpose of an affordable housing project as defined in the Monroe County Code of Ordinances. After consideration, the maker of the motion withdrew. Motion was then made by Commissioner williams and seconded by Commissioner Neugent to table the item. 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 PUBLIC WORKS Gary L. Donn, P.E., District Director of the Florida Department of Transportation made a presentation to the Board of the Tentative Five Year Work Program. The following individuals addressed the Board: Hal Heim, representing the Upper Keys citizens Association; Joel Rosenblatt, P.E., Bob Schneider, representing the Big pine Key civic Association; Jill Patterson, Charles Causey, representing the Florida Keys Environmental Fund; and Barry Patterson. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt a Resolution requesting the Florida Department of Transportation the following: a) Materials be provided to the community way in advance of the workshops and that the County Commission receive copies as soon as possible. b) Project descriptions be more detailed when materials are 99/465 provided. c) A Safety action plan for the 18-mile stretch that would make the current road safer even if the road is not widened - we need a safer road now. Think of this as an opportunity for innovative safety measures. d) Quick response to our concerns about traffic congestion and accidents on Big pine Key - if that response needs to wait until the HCP is completed, make the response shortly thereafter. e) Adequate safety improvements at Crane Boulevard, where Sugarloaf Elementary and Middle School are located. f) Please consider and report back to us on possible traffic signals at: Big Coppitt Road and US 1 on Big Coppitt. East College Road and US 1 on Stock Island. US 1 and High Point Road on Plantation Key where the new Sheriff's facility is proposed to be placed. g) As the proposed 4-laning of the bridge would 4-lane approximately one third of the 18-mile stretch and this commission has already withdrawn its support from the 4- laning, we would request that we move forward immediately with 1, two lane bridge designed for safety. The proposed project is 2, two lane bridges. Let us support the building of one bridge until such time as the final shape of US 1 has been determined. h) Approximately $12 million has been programmed over the next five years for the design and construction of the Overseas Heritage Trail along the US 1 corridor. This is a tremendous commitment for alternative transportation in the Florida Keys. The commission would like to thank FDOT for its efforts to make the US 1 corridor safer for non- motorized users. i) When advertisements are placed for hearings in or about Monroe County, please notify the County Commission by fax or e-mail at the same time. We will provide contact information. j) Straighten and replace mile markers and road signs along US 1 which were damaged as a result of Hurricane Georges, Tropical Storm Mitch and Hurricane Irene. 99/466 k) That the Department approve the requested placement of "No Wake Zones" as requested by Monroe county Marine Resources. I) In areas on Big pine Key, that signs be recognizable, illuminated or improved in helping to protect the Key Deer population. m) Fix the Boca Chica bridge lights. n) Grind the bumps out of the road on the old Seven Mile Bridge. RESOLUTION NO. 615-1999 See Res. Book No. 144 which is incorporated herein by reference. Roll call vote was unanimous. Motion was made by Commissioner williams and seconded by Commissioner Neugent to re-consider the above item. Motion carried unanimously. Motion was made by Commissioner williams and seconded by Commissioner Neugent approving the Florida Department of Transportation's Tentative Five Year Work Program as amended by the above Resolution. Roll ~all vote was unanimous. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance authorizing a donation of $2150 to the Small County Coalition in order to become a coalition member and further authorizing that such donation may be used to pay Robert P. Jones and Associates for Legislative Consulting Services on Small County issues; 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. County Clerk Danny L. Kolhage addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Harvey to continue the Public Hearing to tomorrow's Board meeting (December 9, 1999) at 10:00 a.m. Roll call vote was unanimous. MISCELLANEOUS Motion was made by Commissioner williams and seconded by Commissioner Harvey that the Board receive materials for all items within the packets even if they have occurred previously in a previous agenda. Roll call vote was taken with the following results: Commissioner Harvey Yes Commissioner Neugent No 99/467 commissioner Reich Yes Commissioner williams Yes Mayor Freeman Yes Motion carried. SOUNDING BOARD Joanie Nelson addressed the Board concerning the placing of the Keys to Recovery Center at the Tropical Isle section 8 apartment complex located at 260 41st Street Gulf, Marathon, Florida right next to the Grace Jones Day Care Center. The following individuals also addressed the Board: Earl Carty, Manuel castillo, representing the Monroe county Housing Authority; and Ken Carter. The Board took no official action. COUNTY ATTORNEY The following individuals addressed the Board concerning acceptance by the Board of County Commissioners sitting as the Board of Governors of the Duck Key Security District and authorizing execution of an \ssignment of Lease between the Duck Key Property Owners Association and Hawks Cay Investors, Ltd., for a site at the NW corner of Duck Key Drive and Green Briar Road for use as a security center: Richard Adler, Loraine Casella, Fred Bucholtz, Web Gokey, Thomas Bohan, President of the Duck Key Property Owners's Association, and vicki Bucholtz. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Harvey granting approval of the item. Roll call vote was unanimous. MISCELLANEOUS BULK APPROVALS Mr. pierce and Mr. Hendrick discussed with the Board Loop Road, a county-maintained roadway facility located on mainland Monroe County; and adoption of (a) - Resolution transferring maintenance of the road to the Miccosukee Tribe of Indians of Florida OR (b) - a Resolution to transfer ownership of the road by Quit Claim Deed to the united States Department of the Interior. The following individuals addressed the Board: Barry Patterson, Charles Causey, representing the Florida Keys Environmental Fund; Dexter Lehtinen, representing the Miccosukee Tribe of Indians of Florida; Debra Harrison, representing the World wildlife Federation; Mary Barley, representing Save Our Everglades; Kim Anaston, representing the National Parks & Conservation Association; Eugene Shinkevich, Dan Sholly, Chief Ranger with the National Park Service, and Chairman Cypress of the Miccosukee Tribe of Indians. After discussion, Motion was made by Commissioner Reich adopting a Resolution giving jurisdiction of Loop Road to the Miccosukee Tribe of Indians for one (1) year and if successful, to .1egotiate long term agreement. Motion died for lack of a second. Assistant County Attorney Garth Coller addressed the Board. After further 99/468 discussion, motion was made by Mayor Freeman and seconded by Commissioner Harvey to approve the execution of the Quit-Claim Deed to the united states Department of the Interior, as amended. Said amendment located on the third indented paragraph of Quit Claim Deed: Subject to the following condition subsequent: that the above described Loop Road remain open for public use (except during times of emergencies) and that there will be no use of herbicides along the right-of-way. Dan Sholly, Chief Ranger with the National Park Service, and Chairman Cypress of the Miccosukee Tribe of Indians addressed the Board for the second time. 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. PUBLIC HEARINGS A Public Hearing was held concerning a request of Hawk's Cay Resort to modify a Major Development Approval and Development of Regional Impact (DRI) approval to reconfigure the size of Development Corridor 3 and to add two additional floor plans for property described as a portion of the Plat of Duck Key, as recorded in Plat Book 5 on Page 82 of the public records of Monroe County, sections 16 & 21, Township 65S, Range 34E, Duck Key, Monroe County, Florida at approximately mile marker 61. The real estate identification numbers are 00378381-000000, 00378390-000000, & 00378380-000000. The Board accepted public input with the following individual addressing the Board: pritam Singh. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Resolution approving amendments to the Development of Regional Impact (DRI), Development Order, Resolution No. 365-1986, and modifications to the Master Development approval for the Hawk's Cay Expansion DRI; Providing an effective date. Roll call vote was unanimous. RESOLUTION NO. 616-1999 See Res. Book No. 144 which is incorporated herein by reference. A Public Hearing was held to consider a Future Land Use Map and Land Use District Map amendment proposed by Terry and Janice Clinton changing the future land use designation from Residential Low (RL) / ~~Residential Conservation (RC) to Mixed Use Commercial (MC) and changing the loning from Sub Urban Residential (SR) I Native Area (NA) to Sub Urban Commercial (SC) for property described as a part of Government Lot 2, Vaca 99/469 Key, located in Section 6, Township 66 South, Range 33 East; with a real estate number of 104460 combined with real estate number 104470, which is bay bottom. Motion was made by Commissioner williams and seconded by Commissioner Neugent granting approval of Staff recommendation to forward the matter to the government for the City of Marathon. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed approval of a Resolution requesting that the State of Florida petition the u.s. Environmental Protection Agency to declare all waters of the State within the boundaries of the Florida Keys National Marine Sanctuary a No Discharge Zone for wastewater, whether treated or not, from all vessels. The following individuals addressed the Board: Bicycle Joanie Nelson, Kirby Cay Scheimann, representing the Marathon Community Council and Florida Keys Marina in Marathon; Anthony P. Bartleson, Bob schneider, representing the Big pine Key civic Association; Pete Worthington, Marge Pierce, and Carol Bartleson. 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. 617-1999 See Res. Book No. 144 which is incorporated herein by reference. Mr. Roberts discussed with the Board approval for an Independent Survey Study on the Social Services Transportation Program and Public Works Fleet Operation. The following individuals addressed the Board: Social Services Director Louis LaTorre; Dallas McDonald, Bettye Vail, Eleanor M. Chaplin, and Bicycle Joanie Nelson. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner williams granting approval to conduct an Independent Survey study on the Social Services Transportation Program. Roll call vote was taken with the following results: commissioner Harvey No Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Freeman Yes 99/470 Motion carried. There being no further business to come before the Board, the meeting was adjourned. ~~~ .OJ~~ Isabel C. DeSantis, Deputy Clerk