02/21/1996 Regular
96/39
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 21, 1996
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9 a.m., on the above date, at the Key
Largo Library. Present and answering to roll call were
Commissioners Keith Douglass, Wilhelmina Harvey, Jack London,
Mary Kay Reich and Mayor Shirley Freeman. Also present were
Danny 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.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval of Additions,
Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of a Mayor's Proclamation declaring
February 12 through February 29, 1996 as the time to "Roll Up
Your Sleeves" to give from the heart.
Presentation of a Mayor's Proclamation declaring
February 23 through February 29, 1996 as "History Makers in our
Community Week".
Presentation of a Mayor's Proclamation thanking
BellSouth for instituting the 25 cent residential calling plan
throughout Monroe County.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an
Ordinance establishing rules of conduct at the various Monroe
County Public Libraries by providing that the County libraries
96/40
are a limited public forum; Providing that library patrons may
only engage in reading, studying, using library materials or
attending scheduled events; Prohibiting library patrons from
being intoxicated or soliciting money or valuables from other
patrons; Prohibiting the use of library restrooms for shaving,
laundry, or bathing purposes; Prohibiting the harassment or
annoyance of other library patrons through talking, noise, audio
equipment, staring, or other annoying behavior; Prohibiting
interference with other library patrons or library staff;
Requiring that library patrons wear shirts and shoes and not have
bodily hygiene so offensive as to be a nuisance to other persons;
Providing for enforcement and penalties for violations; Providing
for posting of library rules in English and Spanish; Providing
that the Ordinance is effective at County libraries in the
unincorporated areas and municipalities; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code; and providing an effective date. Monroe
County Public Library Director, A. D. Henehan, addressed the
Board. There was no public input. Motion was made by
Commissioner Harvey to postpone the matter. After discussion,
the motion was withdrawn. County Attorney, James T. Hendrick,
addressed the Board. Motion was made by Commissioner Harvey and
seconded by Commissioner London to delete the sentence "by
staring at another person with the intent to annoy that person"
in Section 2. e) of the Ordinance. After discussion, the motion
was withdrawn. Motion was then made by Commissioner Reich and
seconded by Commissioner Douglass to continue this public hearing
and hold two additional public hearings, one in Marathon on March
20, 1996 and the other in Key West on April 17, 1996. During
discussion, the motion was amended to continue this public
hearing to the March meeting in Marathon, March 20, 1996.. Roll
call vote was taken with the following results:
Commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich Yes
Mayor Freeman No
Motion carried.
A Public Hearing was held concerning adoption of an
Ordinance establishing a permit procedure for Public Assemblies;
Providing for definitions; Requiring that no person may hold a
Public Assembly without a permit; Providing for a permit
application procedure and fee; Providing for the grant of a
Public Assembly permit by the Planning Director with or without
conditions and providing criteria therefor; Providing for the
denial of a Public Assembly permit by the Planning Director and
the grounds for such denial; Providing that conduct at a public
96/41
assembly authorized by a permit does note violate other County
ordinances excepting those that regulate noise and alcoholic
beverages for which separate permits must be obtained; Providing
for the modification or revocation of a Public Assembly permit
and the criteria therefor; Providing that the Planning Director's
decision concerning a Public Assembly permit or application is
the final administrative action of Monroe County; Providing
penalties for violations; Providing that this Ordinance is
effective in unincorporated areas of Monroe County; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code; and providing an effective date. H. T.
pontin, County Attorney, James T. Hendrick, and Captain Joe
Leiter, representing the Monroe County Sheriff's Office addressed
the Board. Motion was made by Commissioner Harvey and seconded
by Commissioner Reich to continue this public hearing and hold
two additional Public Hearings, one in Marathon on March 20, 1996
and the other in Key West on April 17, 1996. Roll call vote was
taken with the following results:
Commissioner Douglass Yes
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich Yes
Mayor Freeman Yes
Motion carried.
BULK APPROVALS
Motion was made by Commissioner Douglass and seconded
by Commissioner London to approve the following items by
unanimous consent:
Board granted approval and authorized execution of a
Grant Agreement between Monroe County and the Florida Department
of Community Affairs concerning Emergency Management Base Grant
(9G-19 Rule).
Board granted approval to rescind the Service Agreement
between Monroe County and Marquette Service and Supplies Division
for the maintenance of biomedical equipment for Municipal
Services Taxing District 5. The equipment has subsequently been
taken out of service; therefore, the extended service agreement
is no longer required.
Board granted approval to rescind the Service Agreement
between Monroe County and Marquette Service and Supplies
Division, for the maintenance of biomedical equipment for
Municipal Services Taxing District 6. The equipment has
subsequently been taken out of service; therefore, the extended
96/42
service agreement is no longer required.
Board granted approval and authorized execution of an
Issuance of Certificate of Public Convenience and Necessity to
Monroe County Emergency Medical services for the operation of an
ALS transport ambulance service.
Board granted approval and authorized execution of a
Contract Agreement Addendum between Municipal Services Taxing
District 5 and Tavernier Volunteer Fire and Ambulance Corps,
Inc., extending the ending date of their original service
agreement until April 30, 1996, or earlier, upon the execution of
a new basic agreement and amending Section 18 concerning medical
examinations.
Board granted approval and authorized execution of a
Contract Agreement Addendum between Municipal Services Taxing
District 6 and Key Largo Volunteer Fire Department, Inc.,
extending the ending date of their original service agreement
until April 30, 1996, or earlier, upon the execution of a new
basic agreement and amending Section 18 concerning medical
examinations.
Board granted approval to advertise a Request for
Proposals for the packaging, transportation and disposal of
household hazardous waste.
Board granted approval to advertise a Request for Bids
for the purchase of one (1) each of the following: Roll-off
truck, roll-off trailer, fork lift (Recycling Operations), front
end loader (Pollution Control). The Board previously approved
the Environmental Management Division budget which included the
purchase of these items.
Board granted approval to purchase from a Florida State
Contractor (Regency Dodge) one 1996 Dodge 1500 1/2 ton pick-up
truck with optional long bed and air conditioning, at a cost of
$12,930.00. The Board previously approved the Environmental
Management Division budget which included the purchase of this
item.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Animal Disposal &
Private Cremations, for mass disposal of animal carcasses, in the
amount of $5.59 per carcass (increased by CPI).
Board granted approval to Advertise for Bids for a
contractor to do inspections and electrical repairs on the
County's 30 large emergency generators. The contract will be on
call for emergency electrical repairs.
96/43
Board granted approval of Award of Bid and authorized
execution of a Fuel Contract between Monroe County and Dion oil
Company. This contract guarantees the following prices above
Port Everglades Florida Terminal purchase (RACK) price: Key West
.0725; Marathon .0575; Plantation .0550.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Garcia Cleaning
Service, in the amount of $5,700.00 per month, for janitorial
service at Jackson Square.
Board granted approval of a written report on the
development of county parks, titled Status Report for Monroe
County Park Development, dated February 8, 1996.
Board granted approval and authorized execution of
Change Order #2 to the J.A. LaRocco Enterprise, Inc., contract
for road improvements to C905 and Angler's Club Intersection
reducing the contract amount by $2.65.
Board granted approval to Advertise for Bids for a new
heavy duty tractor loader-backhoe for the Road Department.
Board granted approval and authorized execution a
Purchase/Service Order between Monroe County and Greiner, Inc.,
to prepare Stormwater Pollution Prevention Plans, for the Key
West International Airport and the Marathon Airport. This is an
EPA mandated project. Florida DOT will participate in 50% of the
costs of this project.
Board granted approval and authorized execution of a
Memorandum of Agreement between Monroe County and The Alliance
For Aging, Inc. This Agreement pertains to the Home Care for the
Elderly Program Spending Authority for 1996 and is mandated by
the Florida Department of Elder Affairs and funded with state
funds at no cost to the County.
Board granted approval and authorized execution of a
Project Agreement between Monroe County and Florida Department of
Environmental Protection - Boating Improvement Fund, for the
emergency repairs of channel markers at Carysfort, North Key
Largo.
Board granted approval and authorized execution of a
Project Agreement between Monroe County and the Florida
Department of Environmental Protection - Boating Improvement
Fund, for the emergency repair of channel markers in Indian Key
and Tavernier Ocean Shores.
Board granted approval and authorized execution of a
Project Agreement between Monroe County and the Florida
Department of Environmental Protection - Boating Improvement
96/44
Fund, for the emergency removal of derelict vessels DV091976,
DV091977, DV091991 and DV091993.
Board adopted the following Resolution authorizing the
filing of a grant application with the Florida Department of
Environmental Protection, Boating Improvement Fund, and directing
the execution of same by the proper authorities for the
installation of twelve regulatory buoys to be placed off of
Smathers Beach, south side of Key West.
RESOLUTION NO. 047-1996
See Res. Book No. 129, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
filing of a grant application with the Florida Department of
Environmental Protection, Boating Improvement Fund, and directing
the execution of same by the proper authorities for the repair of
Channel Marker #20, Hammer Point. Board also authorized
execution of a Contract Agreement between Monroe County and ASAP
Marine Contractors for the emergency repair of Channel Marker
#20, Hammer Point.
RESOLUTION NO. 048-1996
See Res. Book No. 129, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
filing of aa grant application with the Florida Department of
Environmental Protection, Boating Improvement Fund, and directing
the execution of same by the proper authorities for the emergency
removal of DV092016 located off of Marathon. Board also
authorized the execution of a Contract Agreement between Monroe
County and Spirit Marine and Towing for the emergency removal of
DV092016.
RESOLUTION NO. 049-1996
See Res. Book No. 129, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Project Agreement between Monroe County and Florida Department of
Environmental Protection - Boating Improvement Fund, for the
installation of channel markers off of 97th Street, Marathon.
Board adopted the following Resolution authorizing the
filing of a grant application with the Florida Department of
Environmental Protection, Boating Improvement Fund, and directing
the execution of same by the proper authorities for the emergency
removal of DV032130, located off of Big Pine Key.
RESOLUTION NO. 050-1996
96/45
See Res. Book No. 129, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Contract Agreement between Monroe County and Spirit Marine Towing
& Assistance for the removal of selected derelict vessels in
Monroe County for 1996.
Board granted approval to use impact fees for
restoration and repairs to Card Sound Road shoulders and bridge
riprap.
Board granted approval of the corrected Fiscal Year
1997 Budget Timetable.
Board granted approval to remove surplus items from
inventory and dispose of same or go out for bid per the submitted
schedule, which is incorporated herein by reference.
Board granted approval and authorized execution of a
grant agreement between Monroe County and the Florida Department
of Environmental Protection, to provide funding to implement the
hazardous waste unique and innovative project.
Board adopted the following Resolution authorizing the
submission of a grant application to the Florida Department of
Community Affairs, FY 96 Community Services Block Grant Program
to provide for a teacher's aide at the Grace Jones Day Care
Center.
RESOLUTION NO. 051-1996
See Res. Book No. 129, which is incorporated herein by reference.
Board granted approval and authorized execution of a
lease between Monroe County and Xerox Corporation for a three (3)
year lease of a copy machine and advertise the current copier for
surplus property.
Board adopted the following Resolution requesting the
1996 Florida Legislature to provide adequate funding for the
preservation and repair of the state's beaches, to recognize the
need for funding non-federal projects, and to identify a long
term dedicated funding source.
RESOLUTION NO. 052-1996
See Res. Book No. 129, which is incorporated herein by reference.
Board granted approval of a final Workers' Compensation
Settlement, in the amount of $80,603.13 regarding Concetta
Anzevino v. Monroe County. This settlement will be funded, in
part, by our excess carrier employer's reinsurance.
96/46
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of a
revised Local Market Report Agreement between Monroe County and
smith Travel Research, Inc., revising hold hold harmless/
indemnification language provided by smith Travel Research.
Board adopted the following Resolution concerning the
Transfer of Funds ($649.47).
RESOLUTION NO. 053-1996
See Res. Book No. 129, which is incorporated herein by reference.
Board granted approval and authorized execution of an
Amendment to the Agreement between Monroe County and the Lower
Keys Chamber of Commerce covering the Founder's Day event
allocated under the Cultural Umbrella, in an amount not to exceed
$3,000.00, to change the date of the event to April 13, 1996.
Board granted approval and authorized execution of a
Fishing Umbrella Contract between Monroe County and Florida Keys
Fishing Tournaments, Inc., in an amount not to exceed
$446,000.00, for a period of three years commencing October 1,
1996 and terminating September 30, 1999.
Board granted approval and authorized execution of an
Agreement between Monroe County and Ameurop Travel Service, in an
amount not to exceed $18,000 per year, for a three year period
beginning December 1, 1995 and terminating November 30, 1998, for
a total amount of $54,000.00.
Board granted approval and authorized execution of a
Contract between Monroe County and Property Review Program (PRP),
to provide inspection of properties within Monroe County wishing
to receive the "Superior Small Lodging", or "Superior Lodging"
designation.
Board granted approval of a "Finding of Fact" deeming
Ameurop a sole source entity providing telephone emergency
services to visitors to the Keys on a 24 hour, 365 days a year
basis.
Board granted approval of a "Finding of Fact" deeming
Florida Keys Fishing Tournaments, Inc., a sole source entity
providing services to the TDC and the Board of County
Commissioners as the Fishing Umbrella.
Board granted approval to transfer funds from
Facilities Maintenance Contractual Services (Line Item 340) to
Facilities Maintenance Salaries and Wages (Line Item 120) to
96/47
establish two {2} full time in-house custodians to perform
janitorial services at the Plantation Key Government Complex.
DIVISION OF COMMUNITY SERVICES
Board granted approval to establish a Summer
Apprenticeship in the Airport Department.
CONSENT AGENDA/BULK APPROVALS
Board granted authorization to distribute how to drive
"Deerfensively" flyers to landowners and visitors of Monroe
County.
Board granted approval of a variance request to the
Flood Hazard Ordinance from Mr. & Mrs. Gayle Oller, for placement
of a limited bath facility below the base flood elevation on Lot
35, Block 7, Plantation Key Colony, Plantation Key.
Board granted approval of a variance request to the
Flood Hazard Ordinance from victor and Elaine Chap, for placement
of a limited bath facility below the base flood elevation, on Lot
2, Block 4, Jolly Roger Estates, Little Torch Key.
Board granted approval of a variance request to the
Flood Hazard Ordinance from Peggy J. Bankester, for placement of
a limited bath facility below the base flood elevation on Lot 7 &
8, Block 8, Cudjoe Ocean Shores.
Board granted approval of a variance request to the
Flood Hazard Ordinance by Irwin & Betty Anne Schilling, for
placement of a limited bath facility below the base flood
elevation on Lot 10, Block 31, Plantation Beach, Plantation Key.
Board granted approval of a variance request by Richard
Brandon, for placement of a limited bath facility below the base
flood elevation on pt. of Government Lot 2, MM 94, Key Largo.
Board granted approval of a variance request by Michael
L. Sipes, for placement of a limited storage only facility, on
property located on Lot 8, Block 3, Ladies Acre, Little Torch
Key.
Board granted approval of a variance request by Ronald
Levy, to install decorative block, for security purposes, below
an elevated building that is a Montessori School. This enclosed
area is for security purposes only and shall not be used for
habitation, storage or parking.
96/48
Board granted approval of twelve Affordable Housing
Deed Restrictions, five transfers of buildable land to Monroe
County by Warranty Deed, and two covenants restricting the
property owner to having only one dwelling unit on two contiguous
lots. Pursuant to Ordinance No. 016-1992, these documents have
been filed by the applicants receiving dwelling unit allocation
awards for the quarter ending on January 13, 1996.
Board granted approval to record in the Monroe County
Public Records, a Public Purpose Quit Claim Deed made by the
Florida Department of Transportation to the Board of County
Commissioners, for a parcel in the right of way of state Road 4-
A, located adjacent to Jesse Hobbs Park in Marathon, for the
purpose of increasing the land area of the park.
Board granted approval and authorized execution of a
Contract between Monroe County and Barton-Aschman Associates,
Inc., to provide consulting services in connection with the
development of a County-wide bicycle and pedestrian plan, to be
funded by Florida Department of Transportation.
COMMISSIONERS' ITEMS
Board granted approval of Mayor Freeman's reappointment
of Henry Hamilton to the Parks & Recreation Advisory Board.
Board granted approval of Mayor Freeman's appointment
of Lynne S. Perman to the Monroe County Arts Council, filling the
vacancy created in District 3 by the resignation of Mary
Drettman.
Board granted approval of Commissioner Harvey's
appointment of Louis B. Schwartz to the Florida Keys Council for
the Handicapped, filling the vacancy created by the resignation
of Mary Dawes.
Board adopted the following Resolution in recognition
of the late Dr. Fernando "Fred" Segundo Carbonell.
RESOLUTION NO. 054-1996
See Res. Book No. 129, which is incorporated herein by reference.
Board granted approval of Commissioner Harvey's
reappointment of Duncan Mathewson, III, to the Parks and
Recreation Advisory Board.
Board granted approval of Commissioner Reich's
reappointment of Charles Schafstall to the Parks and Recreation
Advisory Board.
96/49
Board granted approval of the following Duck Key
Security District Advisory Board's recommendations for
replacement of Board members: pino Moro, Bruce Frank and Dennis
Kulig for three year terms; Dick Adler for reapproval for
three year term.
Board granted approval of Commissioner Reich's
appointment of Francesca "Mimi" Grantham to the Commission on the
Status of Women.
Board granted approval of a new membership list of the
Boot Key Harbor Ad Hoc Committee, including three new appointees,
Leehman Wexlin, Gene Kibbe and Bernard Kan.
COUNTY ADMINISTRATOR
Board granted approval of the position of Parks and
Recreation Coordinator in the Division of Public Works.
Board granted approval of a Request for Qualifications
for professional services for building analysis of the Commissary
Building in Key West.
Board granted approval of the reappointment of Arnold
steinmetz to the Career Service Council.
Board granted approval of Insurance Servicing &
Adjusting Company to be the County's Third Party Administrator
for the Workers' Compensation Program and authorization to
negotiate a contract for presentation at the March, 1996 Board
meeting.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for
Mental Health, in the amount of $3,000.00; Leslie Morgan, in the
amount of $1,800.00; Guillermo Marcovici, M.D., in the amount of
$2,300.00; Pamela A. Strother, in the amount of $1,950.00; David
Nathanson, in the amount of $300.00.
COURT APPOINTED ATTORNEY'S, Margaret Mills, in the amount of
$7,075.00; John Rotolo, in the amount of $2,621.25; Angel Ruiz,
in the amount of $375.00; Candida Cobb, in the amount of $700.00;
Marci Rose, in the amount of $5,399.45; Margaret Broz, in the
amount of $2,360.50; Manuel Garcia, in the amount of $3,707.50.
96/50
COURT APPOINTED ATTORNEY'S - CONFLICT, Laurie Hall, in the
amount of $1,763.24; Roberta S. Fine, in the amount of $406.10;
Crimmella & Hamilton, in the amount of $2,705.50; Charles
Everett, in the amount of $2,190.00; Joseph Wolkowsky, in the
amount of $1,612.50; Candida Cobb, in the amount of $712.50;
Cunningham, Albritton, Lenzi, in the amount of $700.00; Gregory
Davila, in the amount of $1,365.00; Manuel Garcia, in t he amount
of $3,262.50; Greenman, Manz & Hamilton, in the amount of
$5,134.84; Hershoff & DeFoor, P.A., in the amount of $592.50;
Erol Vural, in the amount of $420.00; Natural Law, Inc., in the
amount of $17,469.40; Randolph Sadtler, P.A., in the amount of
$6,337.50; Jason Smith, in the amount of $693.75.
TRAVEL EXPENSES, witness Travel, in the amount of $4,416.23.
COURT REPORTERS, Associated Court Reporters, in the amount
of $1,789.75; Florida Keys Reporting, in the amount of $2,454.00;
Nichols & Hardy, in the amount of $237.00; Justice Reporting
Service, in the amount of $390.50; Advanced Video Systems, in the
amount of $235.00; Nichols McClanahan, Inc., in the amount of
$262.00.
REGULAR WITNESS FEES, witness Payroll, in the amount of
$1,221.78.
EXTRADITION, Richard Roth, in the amount of $15,662.20.
COURT INTERPRETERS, Thomas Lindsay, in the amount of $37.50;
J.R. Alayon, in the amount of $540.00; Lou Havran, in the amount
of $135.00; William Waddell, in the amount of $485.00; Jose
Menendez, in the amount of $805.00; Rejean Clement, in the amount
of $165.00; Basia Dziewanoski, in the amount of $25.00; American
Sign Language Interpreters, in the amount of $197.50; Car en
Jasper-Roybal, in the amount of $25.00.
OTHER EXPENSES, Louis Spallone, in the amount of $3,519.20;
Witness Lodging, in the amount of $1,225.72; State of Florida, in
the amount of $365.30; International Detective Agency, Inc., in
the amount of $1,500.00; Smart Corporation, in the amount of
$299.00.
COUNTY CLERK
Board approved the following Warrants:
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #148-#151, in the
amount of $156,002.74
SUPPLEMENT TO GENERAL REVENUE FUND (002), #620-#624, in the
96/51
amount of $214,867.21
FINE' FORFEITURE FUND (101), #1654-#1658, in the amount of
$968,738.19
ROAD AND BRIDGE OPERATING (102), #943-#947, in the amount of
$541,650.58
LAW LIBRARY FUND (103), #515-519, in the amount of $6,489.30
TOURIST DEVELOPMENT COUNCIL (115-121), #985-#991, in the
amount of $1,000,255.23
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #227-#231, in
the amount of $138,406.43
MSD TAXING DISTRICTS (145,146,141), #893-#897, in the amount
of $524,299.06
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #564-#568, in
the amount of $38,912.46
UPPER KEYS TRAUMA DISTRICT (144), #316-#320, in the amount
of $49,116.36
PLANNING,BUILDING,' CODE ENFORCEMENT/
PARKS' BEACHES UNINCORPORATED (147,148) #609-#615, in the
amount of $645,015.14
VENETIAN SHORES SPEC RD DIST ,
DUCK KEY SECURITY (149/152), #111-#114, in the amount of
$9,622.31
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1080-1083, in
the amount of $68,621.18
COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #837-#843, in the amount of
$682,093.01
CARD SOUND BRIDGE FUND (401), #643-#647, in the amount of
$66,402.97
AIRPORT OPERATION' MAINTENANCE FUND (403/404), #1009-1016,
in the amount of $225,649.63
MSD PLEDGED FUNDS (414), #504-#509, in the amount of
$1,962,066.03
WORKERS COMPENSATION FUND (501), #4343-#4349, in the amount
of $483,392.80
96/52
GENERAL REVENUE FUND (001), #253511-255704, in the amount of
$18,881,353.48
MONROE COUNTY GROUP INS FUND (502), #803-#812, in the amount
of $1,037,896.21
RISK MANAGEMENT FUND' FLEET MANAGEMENT FUND (503/504),
#407-#414, in the amount of $93,200.62
FL TRUST FUND (600,601), #1119-1120, in the amount of
$7,737.20
Board approved the County Commission Meeting Minutes of
December 20, 1995.
COUNTY ATTORNEY
Board granted approval to advertise a Public Hearing
regarding an Ordinance amending Sec. 6-59(1) (g), Monroe County
Code, providing for proof of Worker's Compensation Insurance,
Public Liability Insurance and Property Damage Insurance as
prerequisite to issuance of or renewal of Certificate of
Competency; amending Sec. 6-64(c) (2), to include the requirement
that Worker's Compensation Insurance or executed exemption be
included with insurance requirements; 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 Public Hearing
regarding an Ordinance amending Chapter 6 revising the
disciplinary provisions; authorizing Code Enforcement inspectors
to issue citations with fines; 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 Public Hearing
regarding an Ordinance amending Chapter 6-56, Monroe County Code,
Specialty Contractors, section 34, including pavers in the
materials authorized for tile, marble and terrazzo specialty
contractors; providing for severability; providing for the repeal
of all ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and
providing for an effective date.
Board granted approval to advertise a Public Hearing
regarding an Ordinance amending Section 6-16, Monroe County Code,
revising the Building Code of Monroe County to incorporate
actions which are prohibited in the disciplinary section of the
96/53
code; providing for severability; providing for the repeal of all
ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code of Ordinances; and providing for an
effective date.
Board granted approval to advertise an Ordinance
amending section 6-16.3, Monroe County Code, by adopting the 1994
edition of the Standard Swimming Pool Code as the standard code
applicable in the unincorporated areas of Monroe County;
providing for severability; providing for the repeal of all
ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code of Ordinances; and providing for an
effective date.
Board granted approval to advertise an Ordinance
rev1s1ng sections 2-370 et seq.; revising the number of persons
on the Florida Keys Council for the Handicapped; revising the
selection of members and terms; revising the number of persons
necessary to constitute a quorum; providing for severability;
providing for the repeal of all ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of
Ordinances; and providing for an effective date.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and TCI Cablevision of
Florida, Inc., for property located on Long Key.
SHERIFF'S DEPARTMENT
Board granted approval of the following expenditures
from the Law Enforcement Trust Fund, in the total amount of
$35,240.90:
$9,558.85 - Cost of equipping an exercise room in
Marathon.
$15,873.00 - Cost of building a large scale CD-ROM
server system.
$7,809.05 - Send 9 educators and 3 community
collaborators to Eighth Annual National Drop-Out
Prevention Conference at Univ. of South Florida in
Tampa.
$2,000.00 - Send Bicycle & Traffic Safety Skill and
Rules of the Road to educators.
Board granted approval of the Sheriff's Detention
Facility Gain Time Policy. Florida law gives authority to the
Board to approve gain time policies for County prisoners (See
S951.21 FI.Stat.). The Sheriff's policy is in accordance with
96/54
the existing policy of the Department of Corrections for such
awards to state prisoners.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval to award bid and enter
into a Contract with Rovel Construction Inc. for the Marathon HRS
Public Health unit in the amount of $761,168 and for the Mayor to
execute same. Motion carried unanimously.
COUNTY ADMINISTRATOR
County Administrator, James Roberts, and the Board
discussed with Christopher M. Lehman, Ph.D, of Commonwealth
Consulting Corporation, the status of the proposed missile
testing program. After discussion, motion was made by
Commissioner London and seconded by Commissioner Harvey directing
the County Attorney to prepare a letter and adopt the following
Resolution to the Secretary of Defense, Governor of Florida,
Senators Graham, Mack, and Congressman Deutsch, requesting their
assistance in preventing the Department of Defense from pursuing
the plan to launch a large number of missiles from the lower
Keys.
RESOLUTION NO. 055-1996
See Res. Book No. 129 which is incorporated herein by reference.
Roll call vote was unanimous.
*
*
*
*
*
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 Jack
London, Commissioner Hal Halenza and Chairman Keith Douglass.
Absent was Commissioner Art French.
Motion was made by Commissioner London and seconded by
Commissioner Halenza granting approval to rescind the Service
Agreement with Marquette Service and Supplies Division for the
maintenance of biomedical equipment for the Lower and Middle Keys
Fire and Ambulance District. Motion carried unanimously, with
Commissioner French not present.
96/55
Motion was made by Commissioner London and seconded by
Commissioner Halenza granting approval of the following items:
Agreement addendum between the Lower and Middle Keys
Fire and Ambulance District and stock Island Volunteer Fire
Department, Inc. extending the ending date of their original
service agreement until April 30, 1996, or earlier upon the
execution of a new basic agreement and amending section 18
concerning medical examinations.
Agreement addendum between the Lower and Middle Keys
Fire and Ambulance District and Big Coppitt Volunteer Fire
Department, Inc. extending the ending date of their original
service agreement until April 30, 1996, or earlier upon the
execution of a new basic agreement and amending Section 18
concerning medical examinations.
Agreement addendum between the Lower and Middle Keys
Fire and Ambulance District and Sugar loaf Volunteer Fire
Department, Inc. extending the ending date of their original
service agreement until April 30, 1996, or earlier upon the
execution of a new basic agreement and amending Section 18
concerning medical examinations.
Agreement addendum between the Lower and Middle Keys
Fire and Ambulance District and Big Pine Volunteer Fire
Department, Inc. extending the ending date of their original
service agreement until April 30, 1996, or earlier upon the
execution of a new basic agreement and amending section 18
concerning medical examinations.
Agreement addendum between the Lower and Middle Keys
Fire and Ambulance District and Middle Keys and Marathon
Volunteer Fire and Rescue, Inc. extending the ending date of
their original service agreement until April 30, 1996, or earlier
upon the execution of a new basic agreement and amending section
18 concerning medical examinations.
Agreement addendum between the Lower and Middle Keys
Fire and Ambulance District and Conch Key Volunteer Fire
Department and Rescue Squad, Inc. extending the ending date of
their original service agreement until April 30, 1996, or earlier
upon the execution of a new basic agreement and amending Section
18 concerning medical examinations.
Agreement addendum between the Lower and Middle Keys
Fire and Ambulance District and the Layton Volunteer Fire
Department, Inc. extending the ending date of their original
service agreement until April 30, 1996, or earlier upon the
execution of a new basic agreement and amending Section 18
concerning medical examinations.
96/56
Agreement addendum between the Lower and Middle Keys
Fire and Ambulance District and the Islamorada Fire and Rescue
Corps., Inc original service agreement until April 30, 1996, or
earlier upon the execution of a new basic agreement and amending
Section 18 concerning medical examinations.
Motion carried unanimously, with Commissioner French not present.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
*
*
*
*
*
The Board of County Commissioners reconvened with all
Commissioners present.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval to enter into a Lease
Agreement with two (2) Deputy Sheriffs appointed by the Monroe
County Sheriff's Department to reside in the separate units
within the duplex facility located on the Mar Property for an
amount of rent and utilities totaling $400 per month each ($800
per month total for duplex) and authorization for the Mayor to
execute Lease Agreements for same. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to adopt the following Resolutions:
Resolution concerning the Transfer of Funds. (Schedule
Item 1)
RESOLUTION NO. 056-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 2)
RESOLUTION NO. 057-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 3)
RESOLUTION NO. 058-1996
See Res. Book No. 129 which is incorporated herein by reference.
96/57
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 4)
RESOLUTION NO. 059-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 5)
RESOLUTION NO. 060-1996
See Res. Book No. 129 which is incorporated herein by reference.
Item 6)
Resolution concerning the Transfer of Funds. (Schedule
RESOLUTION NO. 061-1996
See Res. Book No. 129 which is incorporated herein by reference.
Item 7)
Resolution amending Resolution No. 377-1995. (Schedule
RESOLUTION NO. 062-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 8)
RESOLUTION NO. 063-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 10)
RESOLUTION NO. 064-1996
See Res. Book No. 129 which is incorporated herein by reference.
Funds.
Resolution concerning the Receipt of Unanticipated
(Schedule Item 11)
RESOLUTION NO. 065-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 12)
96/58
RESOLUTION NO. 066-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 13)
RESOLUTION NO. 067-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 14)
RESOLUTION NO. 068-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 15)
RESOLUTION NO. 069-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 16)
RESOLUTION NO. 070-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 17)
RESOLUTION NO. 071-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 18)
RESOLUTION NO. 072-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 19)
RESOLUTION NO. 073-1996
See Res. Book No. 129 which is incorporated herein by reference.
96/59
Item 20)
Resolution concerning the Transfer of Funds. (Schedule
RESOLUTION NO. 074-1996
See Res. Book No. 129 which is incorporated herein by reference.
Item 21)
Resolution concerning the Transfer of Funds. {Schedule
RESOLUTION NO. 075-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 22)
RESOLUTION NO. 076-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 23)
RESOLUTION NO. 077-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 24)
RESOLUTION NO. 078-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 25)
RESOLUTION NO. 079-1996
See Res. Book No. 129 which is incorporated herein by reference.
Item 26)
Resolution amending Resolution No. 016-1996. {Schedule
RESOLUTION NO. 080-1996
See Res. Book No. 129 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (Schedule Item 27)
96/60
RESOLUTION NO. 081-1996
See Res. Book No. 129 which is incorporated herein by reference.
Funds.
Resolution concerning the Receipt of Unanticipated
(Schedule Item 28)
RESOLUTION NO. 082-1996
See Res. Book No. 129 which is incorporated herein by reference.
Item 29)
Resolution concerning the Transfer of Funds. (Schedule
RESOLUTION NO. 083-1996
See Res. Book No. 129 which is incorporated herein by reference.
Item 30)
Resolution concerning the Transfer of Funds. (Schedule
RESOLUTION NO. 084-1996
See Res. Book No. 129 which is incorporated herein by reference.
Funds.
Resolution concerning the Receipt of Unanticipated
(Schedule Item 31)
RESOLUTION NO. 085-1996
See Res. Book No. 129 which is incorporated herein by reference.
Item 32)
Resolution concerning the Transfer of Funds. (Schedule
RESOLUTION NO. 086-1996
See Res. Book No. 129 which is incorporated herein by reference.
Item 33)
Resolution concerning the Transfer of Funds. (Schedule
RESOLUTION NO. 087-1996
See Res. Book No. 129 which is incorporated herein by reference.
william Keesee addressed the Board concerning adoption
of a Resolution. Clerk of Court, Danny L. Kolhage discussed the
matter with the Board. After discussion, motion was made by
Commissioner London and seconded by Mayor Freeman to adopt the
following Resolution concerning the Transfer of Funds. (Schedule
Item 9)
96/61
RESOLUTION NO. 088-1996
See Res. Book No. 129 which is incorporated herein by reference.
Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich authorizing the Mayor to execute a Power of
Attorney and Bill of Sale for the truck that was a total loss
caused by fire on 1/19/96, and approve purchase from Duval Ford,
the Florida State Contractor, for one (1) 1996 Ford F800 Crew Cab
Dump Truck with option lift gate and trash dump body. Motion
carried unanimously.
Code Enforcement Director, Marty Arnold, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
Commissioner Douglass granting approval of Code Enforcement Liens
M5-92-160 and Ull-94-585. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Douglass granting approval and authorized execution
of a Letter of Agreement between Monroe County and David M.
Griffith & Associates, Ltd. (DMG), to develop new cost allocation
methods. Roll call vote was taken with the following results:
Commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
DIVISION OF PUBLIC SAFETY
Public Safety Director, Reggie Paros, and Emergency
Communications Director, Norm Leggett, gave the Board a status of
Request for Proposals for the Translator System. Frank N.
Merklein, representing Family Satellite Networks addressed the
Board. No official action was taken.
SOUNDING BOARD
Howard J. Clyne, addressed the Board concerning
policies of inspection, permit, and enforcement departments.
COUNTY ADMINISTRATOR
County Administrator, James Roberts, addressed the
96/62
Board concerning the approval of Third Party Administrator and
Utilization Review Company for the Group Insurance Benefits
Program, approval of a pharmaceutical program, and authorization
to negotiate a contract for presentation at the March, 1996,
meeting. The Board directed the Administrator to go forward with
the matter.
SOUNDING BOARD
Wayne Swanson, President of Florida Keys Tow Truck
Association, and Tom Richards, representing Marathon Wrecker
Service, addressed the Board concerning enforcement of County
Ordinance No. 023-1995 amending Section 11-7 of the Monroe County
Code adding new subsection E providing for regulation over
storage facilities for wrecker operators, etc.
MISCELLANEOUS
Marsha Kreitman, Advisory Board Member, reported to the
Board the status of the Monroe County Arts Council.
TOURIST DEVELOPMENT COUNCIL
Monroe County Tourist Development Council Office
Manager, Lynda Stuart, and County Attorney, James T. Hendrick,
discussed with the Board approval of an amendment to the budget
of the Agreement with the 3406 North Roosevelt Boulevard
Corporation to accommodate the new position of Marketing
Director. The following individuals addressed the Board: Elmira
Leto, Patricia Lopez, Rebecca Huba, Pastor William V. Welzien,
representing the Monroe County Christian Coalition, Robin
O'Brien, Scott Marr, and June Girard. After Board discussion,
motion was made by Commissioner London and seconded by Mayor
Freeman granting approval and authorizing execution of an
Addendum to Agreement between Monroe County and 3406 North
Roosevelt Boulevard Corporation. Roll call vote was taken with
the following results:
commissioner Douglass Yes
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
PUBLIC HEARINGS
96/63
Growth Management Director, Bob Herman, and County
Attorney, James T. Hendrick, addressed the Board concerning a
proposed amendment to the land use district map for applicant Joe
Clark and Robert Schweinler who a zoning change from Improved
Subdivision (IS) to Urban Commercial (UC) for the properties
legally described as all of Lots 519 & 520 of Port Largo Fifth
Addition, section 33, Township 61 South, Range 39 East, Key
Largo, Mile Marker 100; Transmitting this Amendment to the State
Land Planning Agency for Approval; Providing for Severability;
and Providing for an effective date. Attorney Nick MUlick,
representing Mr. Clark and Schweinler, addressed the Board.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to postpone the matter to the May Board
meeting in Key Largo. Roll call vote was unanimous.
COUNTY ATTORNEY
County Attorney, James T. Hendrick, addressed the Board
concerning the authorization of dates for use of Loop Road on
Sugarloaf Key and Big Torch Road by the Ecurie vitesse Sports Car
Club for auto cross events, and clarification of the Board's
direction of September 21, 1995, regarding these events. The
following individuals addressed the Board: Sue Hadden, June
Girard, Howard Girard, representing the Sugar loaf Shores Property
Owners Association, Sandy Hadden, and Bob Hess, representing
Ecurie vitesse Sports Car Club. Motion was made by Commissioner
Reich and seconded by Commissioner Douglass granting approval for
Ecurie vitesse Sports Car Club to hold auto cross events on Big
Torch Road on April 14 and November 24, 1996, and on Loop Road,
Sugarloaf Key, on October 12 and 13, 1996. Roll call vote was
taken with the following results:
commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London No
Commissioner Reich Yes
Mayor Freeman Yes
Motion carried.
MISCELLANEOUS
David P. Rice, Ph.D, representing The Guidance Clinic
of the Middle Keys, Inc., addressed the Board concerning a Baker
Act transportation Van. This matter was referred to the County
Administrator.
CONSENT AGENDA
96/64
Motion was made by Mayor Freeman and seconded by
Commissioner London to adopt the following Resolution denying a
requested amendment to the land use district map for rezoning
from "Improved Subdivision" to "Suburban Commercial" for property
known as Key Largo Holiday Harbor, Lot 535 and part Lot 536, Port
Largo 5th Addition, section 33, Township 66 South, Range 39 East,
Key Largo, Florida.
RESOLUTION NO. 089-1996
See Res. Book No. 129 which is incorporated herein by reference.
Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
County Attorney, James T. Hendrick, updated the Board
on the status of the Matecumbe Marina, Inc., New Port Largo, and
Mariners Resort litigations.
Growth Management Director, Bob Herman, updated the
Board on the 2010 Comprehensive Plan adoption process.
Mr. Herman updated the Board on vested rights
procedures and informed the Board that Jeff Overby would be the
Hearing Officer.
Mr. Herman updated the Board on the upcoming Federal
Emergency Management Agency (FEMA) visit.
Motion was made by Commissioner London and seconded by
Commissioner Harvey to authorize the drafting of appropriate
language in reference to the payment of permit fees by all
governmental agencies. Motion carried unanimously.
COMMISSIONERS' ITEMS
June Helbling, representing the Marathon Economic
Development Council, addressed the Board concerning authorization
to submit a grant application to the Highway Beautification
Council on behalf of the Marathon Economic Development Council.
County Administrator, James Roberts addressed the Board. No
official action was taken.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey granting authorization to readvertise
amendments to the Ordinances concerning rezoning of trailer parks
on Stock Island, Key West. Roll call vote was taken with the
following results:
Commissioner Douglass No
Revised
96/65
commissioner Harvey Yes
Commissioner London No
Commissioner Reich Yes
Mayor Freeman No
Motion failed.
Motion was made by Commissioner Harvey and seconded by
Commissioner Douglass granting approval to advertise an Ordinance
prohibiting Monroe County Code Enforcement Personnel from
accepting or acting upon any anonymous tip or complaint that
alleges a violation of the Monroe County Code of Ordinances;
Providing a definition of anonymous; Requiring County Code
Enforcement Personnel to inform persons who contact the Code
Enforcement Department to report code violations of the County's
policy on anonymous complaints; Providing for severability; ~
Providing for the repeal of all Ordinances inconsistent herewith;
Providing for incorporation into the Monroe County Code; and
providing an effective date. Motion carried unanimously.
COUNTY ADMINISTRATOR
County Administrator, James Roberts, informed the Board
that the Tax Collector, Harry F. Knight, had chosen the Kev West
Citizen, due to their low bid, to publish the Delinquent Tax
Notice for 1995.
Mr. Roberts reviewed with the Board monthly financial
documents as prepared by the Office of Management and Budget and
review of the very preliminary budget trends for the next fiscal
year.
Motion was made by Commissioner London and seconded by
Commissioner Douglass confirming the Administrator's selection of
Timothy J. McGarry as Director of Planning. Roll call vote was
taken with the following results:
commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
Motion was made by commissioner Douglass and seconded
by Commissioner London confirming the Administrator's selection
of Clark Lake as the Director of the Division of Environmental
Management. Roll call vote was taken with the following results:
commissioner Douglass Yes
96/66
commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
COUNTY ATTORNEY
County Attorney, James T. Hendrick, discussed the
status of the Action Taxi, Marathon Air, Detention Facility, and
Baptist Hospital litigations. Mr. Hendrick also discussed
criminal defendant expenses.
TOURIST DEVELOPMENT COUNCIL
County Attorney, James T. Hendrick, addressed the
Board. Motion was made by Commissioner Douglass and seconded by
Commissioner Harvey that the Tourist Development Council withhold
final execution of the contract with Mr. Tinlin until public
input is received at the TDC level and with the appropriate
background checks. Roll call vote was unanimous.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
D~rg. ~~