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03/20/1996 Regular 96/75 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 20, 1996 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9 a.m., on the above date, at the Marathon Government Center. 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 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. Sheriff Richard D. Roth, discussed Agenda item C-27 concerning the approval to use impact fees to expand the Juvenile Holding Area at the Upper Keys Detention Facility to comply with the federal decree. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of a Mayor's Proclamation was made announcing March 23 through March 30, 1996, as "Mariners Hospital Week in the Upper Keys". Presentation of a Mayor's Proclamation announcing March 24 through March 30, 1996, as "Center of Hope Founder's Celebration Week" in celebration of the beginning of the 50th year of service to the Monroe County community. Presentation of Employee of the Month Award was presented to Lisa Masci, Building Department, Growth Management Division, for the month of November, 1995. 96/76 Presentation of Employee of the Month Award was presented to Jerald O'Cathey, Emergency Management Department, Public Safety Division, for the month of January, 1996. Presentation of a certificate of Appreciation was presented to Martin Groffman for developing the Marathon Airport Terminal into an Artport" exhibition. BULK APPROVALS Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to approve the following items by unanimous consent: Board granted approval and authorized execution of a Certificate of Public Convenience and Necessity to Life Fleet Atlantic Ambulance Acquisition, Inc., for the operation of an ALS Transport Ambulance Service. Board granted approval and authorized the donation of one 1962 Ford Howe pumper, County ID #3210E-6, Serial No. F85QU311550, to Levy County, Florida. Board granted approval to remove surplus items from inventory and dispose of same or go out for bid as per the attached schedule. One item to advertise for bids is requested without a minimum bid requirement. Said list is incorporated herein by reference. Board granted approval for Marathon High School's Students Against Drunk Driving (S.A.D.D.) organization to close one lane of traffic on Sombrero Boulevard from 9:30 a.m. to 11:00 a.m., May 18, 1996, to hold a S.A.D.D. Club Wheel-A-Thon. Board granted approval of a request from Exclusive Sports Marketing, Inc., to close one lane of traffic on Sombrero Blvd., Marathon, from 8:00 a.m. to 10:00 a.m., October 20, 1996, and close US1 from MM58 to MM 67 from 7:00 a.m. to 9:00 a.m., October 19, 1996 to hold a Gatorade Family Fitness Weekend run/skate triathlon event. Board authorized execution of Florida Department of Transportation's "Request for Temporary Closing/Special Use of State Road" form for same. Board granted approval to request bids and professional services from qualified and licensed hazardous material abatement contractors in order to receive firm price quotations from licensed contractors for work to be performed at the Public Service Building. Board granted approval to terminate the contract agreement between Monroe County and Garcia Cleaning service to 96/77 provide janitorial restroom opening and lockup and janitorial service at Ann's Beach and authorization to advertise for bids for same. Board granted Award of Bid and authorized execution of a contract agreement between Monroe County and Sub Zero, Inc., for preventive maintenance service for the kitchen refrigeration equipment located at the Monroe County Detention Center, in the amount of $3,200.00 per year. Board granted Award of Bid and authorized execution of a contract agreement between Monroe County and Dade Restaurant Repairs, Inc., for a preventive maintenance contract for the kitchen equipment located at the Monroe County Detention Center, in the amount of $3,072.00 per year. Board granted authorization to pay $149,193.00 premium to Florida Windstorm Underwriting Association for policy renewal effective 4/11/96. Board granted approval to declare an emergency, waive the competitive bid process and authorized Risk Management to negotiate proposals to replace the current Electronic Data Processing Equipment Insurance. Board granted approval of a Selection Committee to review responses to Request for Qualifications for a General Airport Consulting Engineer and short list to three (3) firms/individuals. Responses will be opened March 28, 1996. Candidate presentations to the Board are scheduled for the May Board Meeting. Board granted approval and authorized execution of a Purchase Service Order, No. 95/96-9 to Greiner, Inc., for services regarding the Marathon Airport safety/Security Fencing Project. 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 #2, Hammer Point. *This Resolution amends Resolution No. 048-1996. RESOLUTION NO. 090-1996 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 authorization of a contract agreement between Monroe County and ASAP Marine Contractors for the emergency removal of DV03A2146. 96/78 RESOLUTION NO. 091-1996 See Res. Book No. 129, which is incorporated herein by reference. Board granted approval and authorized execution of a grant agreement between Monroe County and the Florida Department of Community Affairs for the Low Income Home Energy Assistance Program (LIHEAP) for fiscal year 1997. Board granted approval and authorized execution of a Community Services Block Grant Agreement between Monroe County and the Florida Department of Community Affairs to provide pass through funding to the Grace Jones Day Care Center. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 1). RESOLUTION NO. 092-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 2). RESOLUTION NO. 093-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 379-1995 (Schedule Item 3). RESOLUTION NO. 094-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 4) . RESOLUTION NO. 095-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 5). RESOLUTION NO. 096-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 6). RESOLUTION NO. 097-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 7) . 96/79 RESOLUTION NO. 098-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 8). RESOLUTION NO. 099-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 9). RESOLUTION NO. 100-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 10). RESOLUTION NO. 101-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 11). RESOLUTION NO. 102-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 12). RESOLUTION NO. 103-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 13). RESOLUTION NO. 104-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 14). RESOLUTION NO. 105-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 15). RESOLUTION NO. 106-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the 96/80 Transfer of Funds (Schedule Item 16). RESOLUTION NO. 107-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 17). RESOLUTION NO. 108-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 18). RESOLUTION NO. 109-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 19). RESOLUTION NO. 110-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 20) . RESOLUTION NO. 111-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 21). RESOLUTION NO. 112-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 22). RESOLUTION NO. 113-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 23). RESOLUTION NO. 114-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 24). RESOLUTION NO. 115-1996 See Res. Book No. 129, which is incorporated herein by reference. 96/81 Board adopted the following Resolution amending Resolution No. 003-1996 (Schedule Item 25) . RESOLUTION NO. 116-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 26) . RESOLUTION NO. 117-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 27). RESOLUTION NO. 118-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 060-1996 concerning the Receipt of Unanticipated Funds (Schedule Item 28). RESOLUTION NO. 119-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 29). RESOLUTION NO. 120-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 30). RESOLUTION NO. 121-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the fOllowing Resolution concerning the Transfer of Funds (Schedule Item 31) . RESOLUTION NO. 122-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 32). RESOLUTION NO. 123-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 33). 96/82 RESOLUTION NO. 124-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 394-1996 (Schedule Item 34). RESOLUTION NO. 125-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 212-1996 (Schedule Item 35). RESOLUTION NO. 126-1996 See Res. Book No. 129, which is incorporated herein by reference. Board granted approval to use impact fees to establish the Electronic Infrastructure and the purchase and installation of the initial hardware and software to create a Local Area Network at each library. Board granted approval to advertise a Public Hearing for April 17, 1996 at 5:05 p.m. regarding a Budget Amendment for the Key West Airport, Fund 404. Board granted approval to advertise a Public Hearing on April 17, 1996 to amend the Fine and Forfeiture Fund. Board granted approval and authorized execution of a contract agreement between Monroe County and Spirit Marine Towing and Assistance for the emergency removal of DV032130, located off of Big Pine Key. Board granted approval to use impact fees for the construction of new bike paths and widening of collector roads previously funded by gas tax revenue but were eligible for impact fee funding. Board granted approval to use impact fees to expand the juvenile holding area at the Upper Keys Detention Facility to comply with the federal consent decree. TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution to provide advance registrations for trade shows for Fiscal Year 1996 be paid from Tourist Development Council funds in Fiscal Year 1996. RESOLUTION NO. 127-1996 See Res. Book No. 129, which is incorporated herein by reference. 96/83 Board adopted the following Resolution to allocate Third Penny Tourist Development Revenue for Smathers Beach. RESOLUTION NO. 128-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the fOllowing Resolution waiving a prohibition against conflict of interest for Rita Irwin as a member of the Board of Directors of the Key Largo Chamber of Commerce serving as District III Advisory Committee member whose Chamber is funded by the Monroe County Tourist Development Council (MCTDC) to provide telephone and tourist information services to the MCTDC. RESOLUTION NO. 129-1996 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 Tavernier Creek Marina covering the 15th Annual Tavernier Creek Marina Dolphin Rodeo event allocated under the Fishing Umbrella, in an amount not to exceed $6,500.00 to change dates of the event to June 7-8, 1996. Board granted approval and authorized execution of a one year agreement between Monroe County and Diversified Services, in an amount not to exceed $3,648.00 per year, for a period beginning March 15, 1996, to provide janitorial services to 3406 North Roosevelt Blvd. Board granted approval and authorized execution of a funding agreement between Monroe County and the Key West Business Guild covering Key West International Gay Arts Festival, June 8 through 16, 1996, in an amount not to exceed $16,045.00, Fiscal Year 1996, Two Penny, under the Cultural Umbrella. CONSENT AGENDA/BULK APPROVALS Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to the Howard Hodgman House, located at 469 S. Conch Avenue, Conch Key. The property is described as follows: Lot 20, Conch Key, section 14, Township 65 South, Range 34 East, Tallahassee Meridian, Monroe County, Florida, and the Real Estate Number is 0038584-000000. RESOLUTION NO. 130-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to Lignumvitae Key State Park. The property is described as follows: 96/84 Lignumvitae Key Lot 1 and Lot 2, section 2, Township 64 South, Range 36 East, Tallahassee, Meridian, Monroe County, Florida, and the Real Estate Number is 00097130-000000, 00097140-000000, 00097150-000000. RESOLUTION NO. 131-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to Indian Key State Park. The property is described as follows: Indian Key Lot 1, section 13, Township 64 South, Range 36 East, Tallahassee Meridian, Monroe County, Florida, and the Real Estate Number is 00097230-000000. RESOLUTION NO. 132-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution granting the designation of "Historical and Cultural Landmark" to the Woods home located at 140 Tavern Drive, Tavernier. The property is described as follows: Lot 28, Block A and Part of disclaimed alley, Tavernier Subdivision 32, section 34, Township 62 South, Range 38 East, Tallahassee Meridian, Monroe County, Florida, and the Real Estate Number is 00555830-000000. RESOLUTION NO. 133-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 101 regarding Tracts 2, 3 and 6 of a Subdivision of Lots 3 and 4, Upper Matecumbe, Plat Book 2, Page 59 of the Public Records of Monroe County, Florida, approximately Mile Marker 81. RESOLUTION NO. 134-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution authorizing the Mayor to execute, on behalf of Monroe County, an agreement between the Florida Department of Community Affairs, Monroe County, and Broward Management, owner; and D'Ascanio corporation concerning a part of Lot 1, Block 21, Coco Plum Beach Subdivision, Section 5, Township 66 South, Range 33 East, Fat Deer Key, Monroe County, Florida, approximately Mile Marker 55. RESOLUTION NO. 135-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution approving an exemption from the Residential and Nonresidential Permit 96/85 Allocation Systems for Mariner's Hospital for property described as parcels 1-4 and access parcel, a portion of Lot 15 of the Plat of Amos Lowe Homestead, Section 33 and 34, Township 62 South, Range 38 East, Tallahassee Meridian, Key Largo, Monroe County, Florida, Mile Marker 91.5. RESOLUTION NO. 136-1996 See Res. Book No. 129, which is incorporated herein by reference. Board granted approval and authorized execution of a Release of Unity of Title for R. G. Williams and Patricia Williams for property described as Lots 6, 7 and 8, Block 20, Cutthroat Harbor Estates, Cudjoe Key, Monroe County, Florida. Board granted approval and authorized execution of a Supplemental Joint Participation Agreement between Monroe County and Florida Department of Transportation, which provides additional funding in the amount of $80,000.00, to retain a consultant for the purpose of developing a County-wide bicycle and pedestrian plan. Board granted approval of a request by Roby and Elizabeth Epling, for a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation on Lot 15, Block 25, Venetian Shores, Plantation Key. Board granted approval of a request by John R. Chapman for a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation on Lot N. 1/2 of 12, Block 2, Buccaneer Point, Key Largo. Board granted approval of a request by Robert K. Ashton, for a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation on Lot 144, Block D, Sugarloaf Shores, Sugarloaf Key. Board granted approval of a request by John Cooper, for a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation on Lot 14, Block 26, Venetian Shores, Plantation Key. Board granted approval of a request by Frank and Marilyn Piscopo, for a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation on Lot 12, Block 29, Port Pine Heights, Big Pine Key. Board granted approval of a request by Elizabeth T. Keenan for a variance to the Flood Hazard Ordinance for the placement of a limited bath facility below the base flood elevation on Lot 56, Block 20, Jolly Roger Estates, Little Torch Key. 96/86 GROWTH MANAGEMENT Board granted approval and authorized execution of a Grant Agreement between Monroe County and the Florida Department of Environmental Protection, in the amount of $50,000.00, to use in the placement of a ship as an artificial reef off of Key Largo. DIVISION OF COMMUNITY SERVICES Board granted approval to apply for an Alcoholic Beverage License for the Marathon Airport. Board granted approval and authorized execution of a Consortium Agreement between Monroe County and Dade County, the City of Miami, the City of Hialeah, and the City of Miami Beach, in reference to job training and education under the state of Florida's new Jobs and Education Partnership. COMMISSIONERS' ITEMS Board adopted the following Resolution supporting the efforts of the Florida Department of Labor and Employment Security to develop and establish opportunities for commercial aquaculture ventures in the Florida Keys. RESOLUTION NO. 137-1996 See Res. Book No. 129, which is incorporated herein by reference. Board approved Commissioner Douglass' appointment of Estelle Incociati to the Commission on the status of Women to fulfill the term of Sharon Macut. Board granted approval to have Public Works/Roads and Bridges Division pave onto private property, while paving equipment is in use nearby, in order to facilitate large vehicles access to 105th Street and 105 Street West, Marathon, Florida. COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Contract between Monroe County and Insurance Servicing & Adjusting Company (ISAC) for third party administration of Workers' Compensation Program. COUNTY CLERK FINES AND FORFEITURES 96/87 Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Care Center for Mental Health, in the amount of $750.00; Robert Casola, in the amount of $250.00; Deborah Harrison, in the amount of $250.00. COURT APPOINTED ATTORNEY'S, Laurie D. Hall, in the amount of $350.00; Browning, Sireci & Guller, in the amount of $1,357.50; Jason R. Smith, in the amount of $870.00; Joe Miklas, in the amount of $962.50; Candida Cobb, in the amount of $700.00; Marci Rose, in the amount of $1,222.82; Margaret Broz, in the amount of $3,128.00; Manuel Garcia, in the amount of $1,395.00. COURT APPOINTED ATTORNEY'S - CONFLICT, Laurie Hall, in the amount of $950.00; W. J. Heffernan, in the amount of $4,684.05; Timothy N. Thomes, in the amount of $3,871.95; Angel Ruiz, in the amount of $502.50; John Rotolo, in the amount of $427.50; Randolph Sadtler, in the amount of $112.50; Jason Smith, in the amount of $4,812.50; Carol Ann Wolf, in the amount of $2,880.50; Hershoff & DeFoor, P.A., in the amount of $2,500.00; Erol Vural, in the amount of $5,201.25. TRAVEL EXPENSES, witness Travel, in the amount of $5,766.19. COURT REPORTERS, Associated Court Reporters, in the amount of $5,359.75; Florida Keys Reporting, in the amount of $1,033.65; Kathleen Fegers, in the amount of $397.00; Julie Carr, in the amount of $85.00; Edmee Prat, in the amount of $37.50. REGULAR WITNESS FEES, witness Payroll, in the amount of $938.28 EXTRADITION, Richard Roth, in the amount of $1,545.86. OTHER EXPENSES, Louis Spallone, in the amount of $2,750.00; Witness Lodging, in the amount of $1,027.83; State of Florida, in the amount of $479.84. EXPERT WITNESS FEES, Forensic Automobile Invest., in the amount of $2,050.00. COURT INTERPRETERS, Thomas Lindsay, in the amount of $60.00; J.R. Alayon, in the amount of $410.00; Grace Krulasik, in the amount of $25.00; William Waddell, in the amount of $590.00; Jose Menendez, in the amount of $670.00; Rejean Clement, in the amount of $90.00; Basia Dziewanoski, in the amount of $115.00; Joseph Marble, in the amount of $350.00; Mayda Maloney, in the amount of $25.00; Eva Carbone, in the amount of $55.00; Berta Green, in the amount of $30.00; Veronica Peace, in the amount of $25.00; Juan Borges, in the amount of $50.00; Jacob Zucker, in the amount of $25.00; Avant-Guard, in the amount of $187.50; Marlene Miller, in 96/88 the amount of $55.00. MISC. EXPENSES - ALL, Hospital Correspondence Corp., in the amount of $136.13. COUNTY CLERK Board approved the following Warrants: COMMUNITY DEVELOPMENT BLOCK GRANT (100), #152-#153, in the amount of $215,684.95 SUPPLEMENT TO GENERAL REVENUE FUND (002), #625-#628, in the amount of $109,780.22 FINE' FORFEITURE FUND (101), #1659-#1663, in the amount of $4,614,542.24 ROAD AND BRIDGE OPERATING (102), #948-#952, in the amount of $305,706.32 LAW LIBRARY FUND (103), #520-521, in the amount of $4,767.39 TOURIST DEVELOPMENT COUNCIL (115-121), #992-#997, in the amount of $210,087.68 FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #232-#235, in the amount of $87,491.79 MSD TAXING DISTRICTS (145,146,141), #898-#901, in the amount of $367,859.22 TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #569-#572, in the amount of $32,332.51 UPPER KEYS TRAUMA DISTRICT (144), #321-#324, in the amount of $34,792.04 PLANNING/BUILDING,' CODE ENFORCEMENT/ PARKS' BEACHES UNINCORPORATED (147,148) #616-#619, in the amount of $441,984.20 VENETIAN SHORES SPEC RD DIST & DUCK KEY SECURITY (149/152), #115-#117, in the amount of $4,928.36 MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1084-1085, in the amount of $57,515.00 COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304), #844-#848, in the amount of 96/89 $466,652.79 SALES TAX BOND ANTICIPATION NOTE (305), #234, in the amount of $90,000.00 CARD SOUND BRIDGE FUND (401), #648-#651, in the amount of $34,007.32 AIRPORT OPERATION & MAINTENANCE FUND (403/404), #1017-1022, in the amount of $239,177.90 MSD PLEDGED FUNDS (414), #510-#513, in the amount of $759,202.58 WORKERS COMPENSATION FUND (501), #4350-#4353, in the amount of $58,079.51 GENERAL REVENUE FUND (001), #255705-257080, in the amount of $10,023,949.73 MONROE COUNTY GROUP INS FUND (502), #813-#817, in the amount of $610,688.57 RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504), #415-#419, in the amount of $343,958.99 FL TRUST FUND (600,601), #1121-1122, in the amount of $17,866.05 Board granted official approval of the County Commission Meeting Minutes of January 17 and 29, 1996. COUNTY ATTORNEY Board granted approval to advertise an Ordinance supplementing Section 3-12, Monroe County Code; enabling Courts to issue Orders to Show Cause, pursuant to Chapter 828, Florida Statutes, for violations of said section; 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 6-42(a), Monroe County Code, in order to clarify and provide that certain governmental entities that have development or environmental permit jurisdiction over Monroe County are exempt from County Building Permit Fees only if the governmental entity does not charge the County a fee (including an impact fee) for a development or environmental permit; 96/90 clarifying and providing that the Monroe County School Board, the Volunteer Fire Departments, and the Volunteer Emergency Medical Service Departments are exempt from County Building Permit 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 for an effective date. Board denied a request from Seacamp Association, Inc., for waiver of $500 Application Fee for a road abandonment request for a section of Palm Avenue, Big pine Key, per staff recommendation. Board adopted the following Resolution adopting administrative procedures for escrow of funds to restore and manage public lands as authorized by section 9.5-344(d), Monroe County Code. RESOLUTION NO. 138-1996 See Res. Book No. 129, which is incorporated herein by reference. Board adopted the following Resolution adopting administrative procedures for escrowing of funds for habitat restoration as authorized by section 9.5-119(a), Monroe County Code. RESOLUTION NO. 139-1996 See Res. Book No. 129, which is incorporated herein by reference. Board granted approval of a subordination request of a Monroe County Rental Rehabilitation Loan. Board adopted the following Resolution finding that a road connecting Sombrero Isle and Waloriss Subdivisions has vested in Monroe County under Section 95.361(1), Florida Statute (1995), and authorizing the Mayor and the Clerk of the Circuit Court to execute a certification to that effect to be recorded in the Official Records of Monroe County, Florida. RESOLUTION NO. 140-1996 See Res. Book No. 129, which is incorporated herein by reference. SHERIFF'S DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund, in the total amount of $39,660.00: $35,000.00 - To be contributed to the Monroe County School Board to help fund its summer recreation program. 96/91 $1,600.00 - support a joint effort by the Key West Hi-Noon Lions Club and the School Board to implement the Quest Program. Cost of sending three detectives to training sponsored by the Florida Sex Crimes Investigator's Association. $3,060.00 - Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Administrator, James Roberts, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner London granting approval to pay $39,391 annual premium to Arthur J. Gallagher & Co. - Boca Raton to renew the Radio/TV Communications Equipment Insurance policy. Motion carried unanimously. County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval of award of bid to Florida Transportation System, Inc. for the purchase of two (2) new 1996 transportation vans in the total amount of $77,400. In the event the low bidder cannot meet the specifications, approval is granted for the purchase from the lowest responsible bidder who meets the specifications. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of the following Ordinance amending Monroe County Code section 6-56 by creating a new category for low voltage specialty contractors who are qualified to install, maintain, repair, alter, or extend any low voltage electrical construction less than fifty volts or equivalent root mean squared; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe Code of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner London to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 015-1996 See Ord. Book No. 38 which is incorporated herein by reference. A Public Hearing was held concerning adoption of the following 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 96/92 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. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner London to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 016-1996 See Ord. Book No. 38 which is incorporated herein by reference. A Public Hearing was held concerning adoption of the following 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; and providing an effective date. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner London to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 017-1996 See Ord. Book No. 38 which is incorporated herein by reference. A Public Hearing was held concerning adoption of 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 of Ordinances; and providing an effective date. The following individuals addressed the Board: Linda Yorde, Clare Angermann, H. T. pontin, G. B. Johansson, Johnny O'Daniel, and Community Services Director, Peter Horton, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass directing Staff to come back to the Board with examples and recommendations to eliminate some of the owner's rules and regulations. Growth Management Director, Bob Herman, and County Attorney, James T. Hendrick, addressed the Board. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Douglass to continue the above Public Hearing to the next regularly scheduled Board meeting. Roll call vote was 96/93 unanimous. A Public Hearing was held establishing rules of conduct at the various Monroe County Public Libraries by providing that the County Libraries 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 of Ordinances; and providing an effective date. The following individuals addressed the Board: Edward S. Winsor, representing the Florida Keys Outreach Coalition; Barbara Larcom, representing the Monroe County Libraries; and Betty Vail. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the Ordinance. After Board discussion, the motion was withdrawn. Motion was then made by motion was made by Mayor Freeman and seconded by Commissioner Douglass to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 018-1996 See Ord. Book No. 38 which is incorporated herein by reference. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to hear the following Ordinances at a 2:00 p.m. Public Hearing: An Ordinance of the Board of County Commissioners of Monroe County, Florida, 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 Code. An Ordinance of the Board of County Commissioners of Monroe County amending Chapter 6, Monroe County Code revising the disciplinary provision authorizing Code Enforcement Inspectors to issue citations with fines. An Ordinance of the Board of County Commissioners of Monroe County, Florida amending Chapter 6.3 of the Monroe County 96/94 Code, reducing the waiting period for Foreclosure upon Code Enforcement Liens; Providing for lien Foreclosure by the County Attorney; Extending the duration of Code Enforcement Liens. Motion carried unanimously. 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 Assembly authorized by a permit does not 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 Ordinances 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. Sheriff Richard D. Roth, H. T. Pontin, and Carlos Rojas, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the Ordinance. After consideration, the motion was withdrawn. Motion was then made by Commissioner London and seconded by Commissioner Douglass to continue with the Public Hearing to the next regularly scheduled Board meeting. Motion carried unanimously. MISCELLANEOUS Carlos Rojas, Arts Council member reported to the Board progress of the Monroe County Arts Council. Kim Northrop, Secretary of the Monroe County Arts Council, discussed with the Board the following: 1) Monroe County Arts Council Mission Statement, 2) Monroe County Local Arts Agency Grant Application to the Division of Cultural Affairs, and 3) Approval of the Monroe County Arts Council as the designated Local Arts Agency for Monroe County. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting approval of the Monroe County Council as the designated Local Arts Agency for Monroe County. Roll call vote was unanimous. 96/95 SOUNDING BOARD Felix A. Fernandez, addressed the Board concerning Monroe County Ordinance No. 016-1992, Rate of Growth Ordinance point allocation system for building permits. No official was taken. * * * * * 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 Hal Halenza, and Chairman Keith Douglass. Absent were Commissioner Art French and Commissioner Jack London. Motion was made by Commissioner Halenza and seconded by Mayor Freeman granting approval and authorizing execution of a Contract Agreement Addendum between Monroe County and Technical Dynamics, adding the Contractor's additional proposal dated February 13, 1996. Motion carried unanimously, with Commissioners French and London 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. DIVISION OF PUBLIC WORKS steve Klett, representing the U.s. Fish & wildlife Service, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner London granting approval of the following, per Staff recommendation: 1) Reduce the proposed road width from 20 to 18 feet on the following roads in Eden Pines, Big pine Key: Camilla, poinsetta, Hibiscus and Primrose Lanes, Geranium, Palmetto, Magnolia and Cypress Drives, and Iroquois street. 2) Add Orchid Lane in Eden Pines (proposed width 18 feet) to the project. 3) Add Palmetto Avenue (proposed width 20') and Sandy Circle (proposed width averages 18') in Big Pine Key, Inc. SUbdivision, with speed humps to the project. 4) Add Warner Street and Beach Drive (proposed width 18') in Virgil 96/96 Lowe Subdivision, with speed humps, to the project. Roll call vote was unanimous. MISCELLANEOUS / COUNTY ATTORNEY Attorney Larry Erskine, discussed with the Board the status of the 12th Street Limited Partnership v. Monroe County litigation. After Board discussion, motion was made by Commissioner London and seconded by Commissioner Douglass directing Mr. Erskine to not file an Appeal on the Judge's decision and require the Plaintiff's attorney to file a motion justifying the costs and interest due. Motion carried unanimously. County Attorney, James T. Hendrick, announced to the Board that the Marathon Chamber of Commerce has arranged to charter a plane from Marathon to Tallahassee on March 28, 1996 in connection with the appearance before the Governor and Cabinet concerning the Comprehensive Land Use Plan at a cost of $260 round trip. Anyone who may be interested is urged to contact the Chamber. PUBLIC HEARINGS The continuation of a Public Hearing was held concerning adoption of 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 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 an effective date. Johnny O'Daniel, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner London to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 019-1996 See Ord. Book No. 38 which is incorporated herein by reference. The continuation of a Public Hearing was held concerning adoption of 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. Johnny O'Daniel and Bill Smith, Executive Director of the Florida Keys Contractor's Association, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner London to adopt the following Ordinance. 96/97 ORDINANCE NO. 020-1996 See Ord. Book No. 38 which is incorporated herein by reference. 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. Note: This Ordinance is re-considered and amended later in the meeting. The continuation of a Public Hearing was held concerning adoption of an Ordinance amending Chapter 6.3 of the Monroe County Code, reducing the waiting period for Foreclosure upon Code Enforcement Liens; Providing for Lien Foreclosure by the County Attorney; Extending the duration of Code Enforcement Liens; 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. Johnny O'Daniel, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner London to adopt the following Ordinance. 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. ORDINANCE NO. 021-1996 See Ord. Book No. 38 which is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS Community Services Director, Peter Horton, and Charles Pierce, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval 1) for Mr. pierce to occupy the hangar at the Marathon Airport on a month-to-month basis, until such time as property is appraised for fair market value, and Request for Proposal advertised for hangar and 2) approval to have hangar and property appraised for fair market value. Roll call vote was unanimous. commissioner London excused himself from the meeting. 96/98 GROWTH MANAGEMENT Growth Management Director, Bob Herman, addressed the Board regarding a hearing date for a request from Hawk's Cay Investors, Ltd. to modify a major development and Development of Regional Impact for Hawk's Cay Resort to reconfigure the project design and to extend the completion date until January 20, 2002 that was previously deleted from the agenda. Don Johnson, representing Hawk's Cay Investors Limited, addressed the Board. This matter was referred to staff. Commissioner London returned to the meeting. MISCELLANEOUS Jim Smith, representing the South Florida Water Management District, updated the Board on the activities of the Management District. DIVISION OF COMMUNITY SERVICES Bob Elliott, Jack King, and Jack Martin, addressed the Board. Community services Director, Peter Horton, also addressed the Board concerning the Key West International Airport Renovation Project. Bud Caldwell of Volkert & Associates, Inc., made a presentation to the Board showing site plans, floor plans, and a rendering of the project as it had evolved so far. Motion was made by Commissioner London and seconded by Mayor Freeman granting approval of the project, per staff recommendation. 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. COMMISSIONERS ITEMS Candance Whittaker, representing Art for Children's Sake, addressed the Board concerning an alternate use for the White street Beach currently known as "Higgs Beach, with the intention to dedicate it as "Kids Point". Motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting conceptual approval of the use. Motion carried unanimously. 96/99 COUNTY ADMINISTRATOR County Administrator, James Roberts, addressed the Board concerning the receipt of $207,270 from the Hurricane Andrew Recovery and Rebuilding Trust Fund Grant. Mr. Roberts updated the Board on Channel 16. Mr. Roberts updated the Board on the Ballistic Missile Defense organization. Mr. Roberts discussed with the Board the 33rd street Lease with the Marathon Chamber of Commerce and negotiations with the School Board. Debbie Harrison, representing the Sue Moore/Stanley Switlik 1/2 cent Construction committee; Attorney Frank Greenman, Barbara Wright, Joe Orr, and Superintendent of Schools, Robert Walker, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass consenting to the sublease by the District School Board of Monroe County of the premises identified on the attached sketch (abutting 33rd Street, Marathon) held by the Greater Marathon Chamber of Commerce ("Lessee"), conditioned upon: 1) Non-removal or alteration of the existing improvements on the subleased parcel without the written consent of Monroe County; and 2) approved by the Office of the County Attorney of the sublease. Said sketch is attached hereto and made a part hereof. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval, per Staff recommendation, to issue a Request for Proposal for Closed Captioning of Board of County Commission meeting, Code Enforcement meetings, Special Master hearings, and other County originated programming on Channel 16. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Douglass granting approval to utilize provision of contract with Commonwealth Consulting to increase activity on Monroe County on behalf of Missile Testing. Motion carried unanimously. Motion was made by Mayor Freeman and seconded by Commissioner Douglass granting approval to advertise the following two Ordinances: An Ordinance providing that the Monroe County Board of County Commissioners may, by Resolution, approve additional compensation to the newly employed Director of Planning, Timothy McGarry, in an amount not to exceed $5,000; Providing for certain restrictions on such compensation; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code; and 96/100 providing an effective date. An Ordinance providing that the Monroe County Board of County Commissioners may, by Resolution, approve additional compensation to the newly employed Environmental Management Division Director, Clark Lake, in an amount not to exceed $5,000; Providing for certain restrictions on such compensation; 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. 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 WORKS Public Works Director, Dent Pierce, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner London authorizing establishment of the position of Building Technician for Truman School, pay series 217, $26,915 - $30,145 per year. 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. DIVISION OF PUBLIC SAFETY Public Safety Director, Reggie Paros, addressed the Board concerning status of the Translator. Motion was made by Commissioner London and seconded by Mayor Freeman granting approval of the termination of the contract between Monroe County and Henry Naubereit, effective April 27, 1996 and directing the County Attorney to provide the required notice. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Harvey No 96/101 commissioner London Yes Commissioner Reich Yes Mayor Freeman Yes Motion carried. Mr. Paros discussed the C&M Electronics contract. Emergency Communications Director, Norm Leggett, and Frank Merklein, representing Atlantic Wood communications, Inc., addressed the Board. DIVISION OF MANAGEMENT SERVICES Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of an amended Human Service Organization funding application for FY97. Motion carried unanimously. GROWTH MANAGEMENT County Attorney, James T. Hendrick, discussed the status of the Big pine Key Joint Venture Mariner's Resort; Sunshine Key RV Park; Ocean cay-Holiday Harbor; Vacation Rental Ordinance; Resort Key Largo noise violations; and the Drossel, Parks, et al Vacation Rental cases. Mr. Hendrick also discussed the Hawks Cay Public Hearing continuance. He advised the Board that due to Mr. pritam Singh, being a former client of his, he would have no involvement in the Hawk's Cay matter. Commissioner London advised the Board that since his wife was employed by Mr. Singh he would recuse himself from all matters concerning Hawks Cay. Growth Management Director, Bob Herman, updated the Board on the Monroe County Year 2010 Comprehensive Plan and the estimated costs concerning the proposed Five Year Work Program that will be considered by the Governor and Cabinet. He indicated that the total program is estimated to cost $244 million dollars and that these estimates were provided by the Department of Community Affairs. Mr. Herman discussed the Wastewater Facilities Master Plan. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Resolution concerning the development and advertising of a Request for Qualifications for a county-wide Wastewater Master Plan. Roll call vote was unanimous. RESOLUTION NO. 141-1996 . . ~~v,.s Ion 96/102 See Res. Book No. 129 which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commissioner Reich to continue to the next regularly scheduled Board meeting the selection of three (3) new members to the Construction Board of Adjustments and Appeals. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Community Services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner London granting approval to establish the position of Deputy Director of Airports. 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 London and seconded by Commissioner Douglass granting approval of the following appointments to the Jobs and Education Partnership Board: Private Sector/1 Seat Gail Killion - Hyatt Key West Community Based organization/1 Seat Dr. Bruce Waite, Executive Director - Florida Keys Employment and Training Council Education/2 Seats Mr. Robert Walker, Monroe County School Superintendent ~ Dr. William Seeker, President, FKCC organized Labor/1 Seat Mike Ozegovich, Upper Keys Resident - AFLCIO Employment Service/1 Seat Dalia Travis, Employment security Manager I - Department of Labor and Employment Security/Division of Jobs and Benefits Local Elected Official/1 Seat Mayor shirley Freeman Roll call vote was unanimous. COMMISSIONERS' ITEMS 96/103 Motion was made by Mayor Freeman and seconded by Commissioner London to adopt the following Resolution exempting the proposed classroom at st. Justin Martyr Catholic Church from the non-residential permit allocation system based on the fact that st. Justin's is a federally tax exempt institution and the development of a school classroom will not adversely affect the hurricane evacuation objectives of the Year 2010 Comprehensive Plan. Motion carried unanimously. RESOLUTION NO. 142-1996 See Res. Book No. 129 which is incorporated herein by reference. COUNTY ATTORNEY County Attorney, James T. Hendrick, discussed with the Board the Monroe County v. Post, Buckley; Avis Rent-A-Car; and Detention Center litigation. Mr. Hendrick discussed Monroe County v. Marathon Air and a proposal to settle the Marathon Air, Flight Department and Jet Center litigation. Community services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Douglass and seconded by Mayor Freeman authorizing the County Attorney to negotiate for a possible settlement of the Jet Center litigation. 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. Mr. Hendrick also discussed the Marathon Air Taxi litigation and the request to provide a letter of support from the County concerning Mariner's Hospital certificate of Need. Motion was made by Commissioner Douglass and seconded by Commissioner London authorizing the Mayor to sign a letter indicating the County's support for issuance of a certificate of Need for Mariner's Hospital. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Reich granting approval, as amended, to advertise an Ordinance prohibiting personal watercraft within 500 feet of the shoreline of Harry Harris Park; Providing for regulatory markers; 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. Juanita Greene, representing the Harris Park Neighborhood Association and Izaak Walton League, 96/104 addressed the Board. Amendment as follows: section 2. Add the words "or launch a personal watercraft from any part of the Park" at the end of the section. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Douglass to rehear an Ordinance amending Chapter 6, Monroe County Code revising the disciplinary provision authorizing Code Enforcement Inspectors to issue citations with fines. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Douglass to approve Ordinance No. 020-1996 with amended pages 4 & 6. Roll call vote was unanimous. COUNTY ADMINISTRATOR Kathy Bryant, President of the Marathon Chamber of Commerce discussed with the Board the sublease with the Chamber and the District School Board and advised the Board that the Chamber held an emergency meeting and had approved of the execution of such a sublease. Ms. Bryant asked for assistance from the County in making sure that certain protections were included in the sublease. COUNTY ATTORNEY Mr. Hendrick advised the Board that he had been invited by the Human Rights Project to travel to India to observe the electoral process and that he would be out of the country for a short period of time. Mr. Hendrick discussed his presence at a recent Tourist Development Council meeting and the contractual relationship between Monroe County, the TDC, and 3406 North Roosevelt Boulevard Corporation. Motion was made by Commissioner London and seconded by Commissioner Harvey to declare that an emergency exists and waiving notice by a four-fifth's vote pursuant to the provisions of F.S. 125.66(3); to amend section 1 of Ordinance No. 014-1996. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Ordinance declaring that an emergency exists and waiving notice by a four-fifth's vote; amending section 1 of Ordinance No. 014-1996 (which amended Sec, 2-1.1(a) Monroe County Code) in order to provide that the 96/105 persons who serve or who have served as Monroe County Code Enforcement Special Masters or as Counsel to the Monroe County Land Authority are eligible to serve as County Hearing Officer; 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. ORDINANCE NO. 022-1996 See Ord. Book No. 38 which is incorporated herein by reference. Roll call vote was unanimous. There being no further business to come before the Board, the meeting was adjourned. 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