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04/17/1996 Regular 96/106 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, April 17, 1996 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9 a.m., on the above date, at the Holiday Inn Beachside. Present and answering to roll call were Commissioners Keith Douglass, Wilhelmina Harvey, Mary Kay Reich and Mayor Shirley Freeman. Commissioner Jack London was absent from the meeting. 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Harvey and seconded by Commissioner Reich 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 the month of April as "Fair Housing and Community Development Month". Presentation of a Mayor's Proclamation was made announcing the month of April as "Child Abuse Prevention Month". Presentation of a Mayor's Proclamation was made announcing April 21 through April 27, 1996 as "Crime victims' Rights Week". Presentation of a Mayor's Proclamation announcing the week of April 22 through April 26, 1996 as "Monroe County Employees Health Fair Week". Presentation of a Mayor's Proclamation announcing the week of April 23 through May 1, 1996 as "Teenage Pregnancy Prevention Week". ~_._i 96/107 Employee of the Month Award was presented to Mary Alexander, Library Services, Division of Community services, for the month of December, 1995. Employee of the Month Award was presented to Kay Miller, Risk Management, Division of Management Services, for the month of February, 1996. Employee of the Year Award was presented to Linda Silvey, County Administration, for the year of 1995. Presentation of certificates of Appreciation were made to the five groups of the Friends of the Library, in commemoration of National Library Week, April 15 through April 22, 1996. Recognition was made to William "Billy" Wagner, Jr., Director of Emergency Management, in honor of being awarded the prestigious Neil Frank Award. BULK APPROVALS Motion was made by Mayor Freeman and seconded by Commissioner Douglass to approve the following items by unanimous consent: Board granted approval to remove surplus items from inventory and dispose of same or accept highest bids from the March 20, 1996 Recap of Bid opening. said list is incorporated herein by reference. Board granted approval and authorized execution of an 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 August 31, 1996, or earlier, upon the execution of a new basic agreement. Board granted approval and authorized execution of an 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 August 31, 1996, or earlier, upon the execution of a new basic agreement. Board granted approval and authorized execution of a Modification to Agreement between Monroe County and Florida Department of community Affairs Emergency Management Preparedness and Assistance Base Grant Agreement #96CP-05-11-54-01-044, increasing the dollar value of the Agreement from $67,250.00 to $70,042. This increase is due to the reallocation of funds remaining after the awarding of competitive funds to municipal 96/108 emergency management programs. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and the Key Largo Volunteer Fire Department, Inc., permitting the Monroe County Emergency Management Department to utilize the Key Largo Fire Rescue station #1 as an Upper Keys Emergency Operations Center (EOC) during times of disaster and exercises. Board granted approval and authorized execution of an Agreement between Monroe County and Focus Financial Services, to assist in the collection of delinquent Emergency Medical Services (EMS) accounts receivable for District 1 ambulance services. Board granted approval of Award of Bid to the only bidder, Neff Machinery, Inc., for a front end loader for Pollution Control, in the amount of $67,500. Board granted approval for the County Administrator to have authorization to negotiate the purchase of a roll-off truck, roll-off trailer and fork lift, in accordance with Procurement Policies, and in view of no bids received in response to a bid notice. Board granted approval to seek competitive proposals for engineering services to evaluate the incinerators at all three landfill sites and to renew the permit for the Cudjoe Key lined landfill. Board adopted the following Resolution authorizing Clark E. Lake to execute, on behalf of Monroe County, satisfactions of Lien relating to the special assessment for Solid Waste Collection and Disposal. RESOLUTION NO. 143-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval for Marathon High School's Junior Class to close one lane of traffic on Sombrero Boulevard to hold a walk-a-thon, April 26, 1996, from 10:00 a.m. to noon, to raise money for their prom. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Jayne's Cleaning Service, Inc., to renew the agreement to provide janitorial service for the Marathon Courthouse Complex, Marathon Senior Citizens' Building, Marathon Government Center Annex, and Marathon Government Center, in the amount of $4,000.00 per month. 96/109 Board granted approval to purchase one new tractor- loader-backhoe with four and one loader bucket from Kelly Tractor Company, in the amount of $55,015. Board granted approval and authorized execution of Change Order No. 1 for the contract between Monroe County and J.A. LaRocco Ent., Inc., for the Boca Chica Paved Pathway Project, in the amount of $15,800 with no change in completion date. Board granted approval and authorized execution of a contract between Monroe County and Kisinger Camp and Associates, for engineering services on the No Name Key Bridge, in an amount not to exceed $75,000. Board adopted the following Resolution authorizing the execution of a Highway Landscape Maintenance Agreement with the Florida Department of Transportation for the Big Coppitt Key Bicycle Pedestrian Path Project No. 90000-3526. RESOLUTION NO. 144-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Highway Landscape Maintenance Agreement with the Florida Department of Transportation for the craig Key Landscaping Project No. 90050-3507. RESOLUTION NO. 145-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Highway Landscape Maintenance Agreement with the ~ Florida Department of Transportation for the Indian Key Fill ~ Bicycle Path Project No. 90000-3527. RESOLUTION NO. 146-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval of a Status Report for Monroe Countv Park Development from the Engineering Department, Public Works Division. Board granted approval of an automated banking system and creation of an Escrow Banking Account for the Workers' Compensation Fund through the county's third party administrator, Insurance Servicing and Adjusting Company. Board granted approval and authorized execution of a certificate of participation, which identifies the Board as the coordinating unit of government in the DCA FY96/97 Anti-Drug Abuse Act Formula Grant Program. 96/110 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 1). RESOLUTION NO. 147-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 2). RESOLUTION NO. 148-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 4). RESOLUTION NO. 149-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 5) . RESOLUTION NO. 150-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 074-1996 (Schedule Item 7). RESOLUTION NO. 151-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 8). RESOLUTION NO. 152-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution rescinding Resolution No. 060-1996 (Schedule Item 9). RESOLUTION NO. 153-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution Rescinding Resolution No. 119-1996 (Schedule Item 10). RESOLUTION NO. 154-1996 See Res. Book No. 130, which is incorporated herein by reference. 96/111 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 11). RESOLUTION NO. 155-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 481-1995 (Schedule Item 12). RESOLUTION NO. 156-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item 13). RESOLUTION NO. 157-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item 14). RESOLUTION NO. 158-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 480-1995 (Schedule Item 15). RESOLUTION NO. 159-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval to advertise a Public Hearing for May 21, 1996 to amend the Law Enforcement Trust Fund #600. Board granted approval to rescind the 2nd year renewal of a contract between Monroe County and Buccaneer Courier approved at the January 17, 1996 Board Meeting and granted approval and authorized execution of a new Courier Service Agreement between Monroe County and Buccaneer Courier, with minor language changes per County Attorney's memorandum dated March 8, 1996, and addition of the Tourist Development Council (TDC) as a new courier stop at the expense of TDC, in the amount of $50,575.20, of which TDC pays $1,945.20. Board adopted the following Resolution endorsing the establishment of a National Cemetery in Highlands County. RESOLUTION NO. 160-1996 See Res. Book No. 130, which is incorporated herein by reference. 96/112 Board granted approval and authorized execution of a Lease and Concession Agreement between Monroe County and Avis Rent A Car System, for operations at the Marathon Airport. Board granted approval and authorized execution of a Purchase Service Order between Monroe County and Greiner, Inc., for services on the Key West International Airport Drainage Project, apron stormwater improvement portion. Board granted approval to lease a Xerox 5322ZTAS copy machine for the Key West International Airport, Marion County Copier Rental Contract #2060, at state contract price, in the amount of $149 per month. Board granted approval of settlement of a Lien for Code Enforcement Case U2-94-766 (Peter Yawt), in the amount of $1,750 as outlined in a letter from attorney Al Frigola. Board granted approval and authorized execution of Amendment No. 2 to Contract No. KG-551E, between Monroe County and Alliance for Aging, Inc. Amendment will increase the contract amount by $5,000 in order to purchase electronic data equipment. Board granted approval and authorized execution of Amendment No. 1 to Contract No. KG-007 between Monroe County/Monroe County In Home Services and Florida Department of Health and Rehabilitative Services. Amendment will reduce contract amount of the Community Care for Disabled Adults Program allocation $2,736.42, due to the fact the 1995 legislature failed to fully fund contracts between HRS and its providers, requiring a reduction in all contracts. Board granted approval to terminate an existing lease with Xerox for a Xerox 5320 copier for the Cooperative Extension Service, Community Services Division, and authorized execution of a new three year lease with Xerox Corporation for a Xerox 5322ZTAS Copier through Marion County Contract #2060, in the amount of $149 per month. Board adopted the following Resolution authorizing the submission of a grant application with the Florida Department of Environmental Protection, Boating Improvement Fund, and authorizing execution of a contract agreement between Monroe County and ASAP Marine for the emergency removal of DV092126. RESOLUTION NO. 161-1996 See Res. Book No. 130, which is incorporated herein by reference. 96/113 Board adopted the following Resolution authorizing the submission of a grant application with the Florida Department of Environmental Protection, Boating Improvement Fund, and authorizing execution of a contract between Monroe County and Arnold's Towing for the emergency removal of DV03A2160. RESOLUTION NO. 162-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of a grant application with the Florida Department of Environmental Protection, Boating Improvement Fund, and authorizing execution of a contract agreement between Monroe County and Arnold's Towing for the emergency removal of DV031907, DV032141 and DV03A2159. RESOLUTION NO. 163-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds ($1,720,000). RESOLUTION NO. 164-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds ($3,440,000). RESOLUTION NO. 165-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds ($5,000). RESOLUTION NO. 166-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval and authorized execution of a Life Insurance Renewal Rider with John Alden Life Insurance, for policy year effective October 1, 1995, reducing the rate for basic coverage from .45 per $1000, to .40 per $1000, with an approximate yearly savings of $17,169.24. TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution providing for a policy of the 3406 North Roosevelt Blvd. corporation to include as a part of the employment process, an outstanding warrant/ background check and physical examination. RESOLUTION NO. 167-1996 See Res. Book No. 130, which is incorporated herein by reference. 96/114 Board granted approval and authorized execution of a Destination Funding Agreement between Monroe County and the Association for Tourism Development, covering Fantasy Fest 1996, October 18-27, 1996, in an amount not to exceed $84,000 - FY96 Third Penny. CONSENT AGENDA/BULK APPROVALS Board granted approval to seek permits to place channel markers in Duck Key Channel. Board granted approval to seek permits to place channel markers in Moser Channel. Board granted approval of a Flood Variance Application submitted by Guy Hickman, for placement of a limited bath facility below base flood elevation on property located on Lot 15, Overseas Estates, Key Vaca Board granted approval of a Flood Variance Application submitted by Ken Sorensen, for placement of a detached garage enclosure greater than 300 square feet below base flood elevation, for parking only, on property located on Lot 13, Block 4, Buttonwood Shores, Key Largo. Board granted approval of a Flood Variance Application submitted by James & Mary Ann Bokor, for placement of a limited bath facility below base flood elevation, on property located on Lot 2, Block 3, Kahiki Harbor, Plantation Key. Board granted approval of a Flood Variance Application submitted by Nick Ferrara, for placement of a limited bath facility below base flood elevation, on property located on Lot 1, Block 4, Venetian Shores, Plantation Key. Board granted approval of a Flood Variance Application submitted by Alexander Sandusky, for placement of a limited bath facility below base flood elevation, on property located on Lot 12, Block 5, Key Haven 10th Addition, Raccoon Key. Board granted approval of a Flood Variance Application submitted by Jose M. Espinosa, Jr., for placement of a limited bath facility below base flood elevation, on property located on Lot 3, Block 4, Sunshine Estates, section One, Plantation Key. Board granted approval and authorized execution of an Amendment to the Bicycle and Pedestrian Transportation Services Agreement between Monroe County and Barton-Aschman Associates, to provide additional services in accordance with a revised payment schedule, following the approval of supplementary funding provided by Florida Department of Transportation for this project. 96/115 Board granted approval to renew the term of James Aultman as an alternate member to the Contractors Examining Board for an additional four years. GROWTH MANAGEMENT DIVISION Board granted approval of staff's recommendation of a membership list to the Monroe County Bicycle and Pedestrian Plan Steering Committee intended to oversee and offer input on the development of the Plan in accordance with the requirements of an approved Joint Participation Agreement between Monroe County and Florida Department of Transportation, and authorization for staff to contact the agencies and groups. COMMISSIONERS' ITEMS Board granted approval to increase the Key West Airport Ad Hoc Committee on Noise from five members to nine members. Alternate member, Vivian Arnold resigned. James T. Robinson and Dr. Robert Elliott are hereby appointed as representatives of the community, and Susan Kent, representing American Airlines. An additional member, representing the airline industry, will be added to balance community and airline participation. Board granted approval for reimbursement of expenses to Commissioner Harvey, in the amount of $70 for materials used at the Governor-Cabinet Meeting March 28, 1996. Board accepted an invitation from state Attorney Kirk c. Zuelch, inviting the Mayor and Commissioners to the next Law Enforcement Luncheon, Wednesday, April 24, 1996, 12 noon, in the ballroom located at "The Top" of the Holiday Inn LaConcha, 430 Duval Street, Key West, commemorating April 21 through 27, 1996 as victim Rights Week, with the official theme this year "victim Justice: A New Day Dawns." Mr. Zuelch asked to show support for the rights of crime victims by flying all flags at half mast and asking all County employees to turn on their headlights from dawn until dusk on Wednesday, April 24. COUNTY ADMINISTRATOR Board granted approval of Park Maintenance Bids and authorization to prepare contracts. Said list is incorporated herein by reference. Board adopted the following Resolution designating the Monroe County Arts Council as the single, official local arts agency for Monroe County. RESOLUTION NO. 168-1996 96/116 See Res. Book No. 130, which is incorporated herein by reference. 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 $1,500.00; Guillermo Marcovici, in the amount of $1,200.00; Leslie Morgan, in the amount of $900.00. COURT APPOINTED ATTORNEY'S, Margaret Mills, in the amount of $2,385.00; Bonnie Helms, in the amount of $2,460.00; Jason R. Smith, in the amount of $2,233.75; Timothy Thomes, in the amount of $355.70; Manuel Garcia, in the amount of $4,447.00. COURT APPOINTED ATTORNEY'S - CONFLICT, Laurie Hall, in the amount of $1,593.19; Natural Law, Inc., in the amount of $930.00; Roberta S. Fine, in the amount of $392.00; Marci Rose, in the amount of $1,879.07; John Rotolo, in the amount of $1,111.225; Larry Erskine, in the amount of $700.00; cunningham, Albritton, Lenzi, in the amount of $1,400.00; Donald Yates, in the amount of $2,352.00; Joe Miklas, in the amount of $510.00. TRAVEL EXPENSES, Witness Travel, in the amount of $1,119.48. COURT REPORTERS, Associated Court Reporters, in the amount of $4,350.25; Florida Keys Reporting, in the amount of $1,097.75; Soon Schunot, in the amount of $171.00; Mudrick, Witt, Levy & Consor, in the amount of $30.00; vicki Lynn Doty, in the amount of $546.00; Nichols & Hardy, in the amount of $386.50; Nancy Maleske, in the amount of $29.75; Amy Landry, in the amount of $60.00. REGULAR WITNESS FEES, witness Payroll, in the amount of $308.92 EXTRADITION, Richard Roth, in the amount of $2,065.58. OTHER EXPENSES, Louis Spallone, in the amount of $2,500.00; witness Lodging, in the amount of $142.00. COURT INTERPRETERS, J.R. Alayon, in the amount of $60.00; William Waddell, in the amount of $430.00; Jose Menendez, in the amount of $345.00; Rejean Clement, in the amount of $30.00; American Sign Language, in the amount of $197.50; Joseph Marble, in the amount of $600.00; Tonasz Gadomski, in the amount of $25.00; Dominga Leroy, in the amount of $45.00; Grace Krulasik, in the amount of $50.00; Lou Havran, in the amount of $70.00; 96/117 Juan Borges, in the amount of $25.00; Rev. Julia Seward, in the amount of $50.00; Marlene Miller, in the amount of $80.00. MISC. EXPENSES - ALL, Care Center for Mental Health, in the amount of $15.00. COUNTY CLERK Board approved the following Warrants: COMMUNITY DEVELOPMENT BLOCK GRANT (100), #154, in the amount of $20,900.00 SUPPLEMENT TO GENERAL REVENUE FUND (002), #629/631,#634, in the amount of $112,070.72 FINE & FORFEITURE FUND (101), #1664-#1668, in the amount of $128,787.17 ROAD AND BRIDGE OPERATING (102), #953-#957, in the amount of $378,947.02 LAW LIBRARY FUND (103), #522-#524, in the amount of $3,064.50 TOURIST DEVELOPMENT COUNCIL (115-121), #998-#1001, in the amount of $789,236.55 FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #236-#238, in the amount of $51,228.05 MSD TAXING DISTRICTS (145,146,141), #902-#906, in the amount of $227,190.88 TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #573-#576, in the amount of $28,559.50 UPPER KEYS TRAUMA DISTRICT (144), #325-#328, in the amount of $8,628.18 PLANNING,BUILDING,& CODE ENFORCEMENT/ PARKS & BEACHES UNINCORPORATED (147,148) #620-#625, in the amount of $387,372.21 VENETIAN SHORES SPEC RD DIST & DUCK KEY SECURITY (149/152), #118-#119, in the amount of $4,071.26 MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1086-1088, in the amount of $31,563.75 96/118 COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304), #849-#853, in the amount of $454,576.46 SALES TAX BOND ANTICIPATION NOTE (305), #235, in the amount of $376,000.00 CARD SOUND BRIDGE FUND (401), #652-#656, in the amount of $239,505.92 AIRPORT OPERATION & MAINTENANCE FUND (403/404), #1023-1027, in the amount of $114,832.75 MSD PLEDGED FUNDS (414), #514-#517, in the amount of $1,084,603.08 WORKERS COMPENSATION FUND (501), #4354-#4358, in the amount of $129,940.18 GENERAL REVENUE FUND (001), #257081-259487, in the amount of $13,859,545.14 MONROE COUNTY GROUP INS FUND (502), #818-#824, in the amount of $217,929.31 RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504), #420-#424, in the amount of $172,915.73 FL TRUST FUND (600,601), #1123-1125, in the amount of $22,325.32 Board approved the County Commission Meeting Minutes of February 15, 21 and March 11, 1996. COUNTY ATTORNEY Board granted approval to advertise an Ordinance adding Section 6-16.1 (12) establishing the general requirements for roofing materials, applications, accessories, roof mounted equipment and inspections applicable in the unincorporated areas of Monroe County; 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. SHERIFF'S DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund, in the total amount of $12,400. 96/119 $9,600 - Purchase six stalker KA-band dual antenna traffic radar units to loan to Florida Highway Patrol in Monroe County. $1,000 - Southernmost Soccer Association which serves 625 children on 52 different teams. $300 - Sponsor a basketball team in the Marathon Youth League. $1,500 - Upper Keys Youth Sports Club to outfit junior football teams. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of an Addendum to Agreement between Monroe County and Tinsley Advertising and Marketing, Inc., to extend the agreement currently covering October 1, 1993 through September 30, 1996, for a period of one year ending September 30, 1997. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance revising 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. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 023-1996 See Ord. Book No. 39, which is incorporated herein by reference. County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to read all ordinances by title only. Motion carried unanimously. A Public Hearing was held concerning adoption of 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 96/120 repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 024-1996 See Ord. Book No. 39, which is incorporated herein by reference. A Public Hearing was held concerning adoption of 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. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 025-1996 See Ord. Book No. 39, which is incorporated herein by reference. A Public Hearing was held concerning adoption of 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 or Right-of-Way fees only if the governmental entity does not charge the County a fee (including an impact fee) for a Development or Environmental Permit or use of rights-of-way; 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. Nicholas Mulick, attorney representing Florida Keys Electric cooperative Association, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 026-1996 See Ord. Book No. 39, which is incorporated herein by reference. A Public Hearing was held concerning the adoption of an Ordinance providing that the Monroe County Board of County Commissioners may, by Resolution, approve additional compensation to the newly employed Environmental Management Director, Clark Lake, in an amount not to exceed $5,000.00; providing for certain 96/121 restrictions on such compensation; 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 Harvey to adopt the following Ordinance. Roll call vote was taken with the following results: commissioner Douglass Yes commissioner Harvey Yes Commissioner Reich No Mayor Freeman Yes Motion carried. ORDINANCE NO. 027-1996 See Ord. Book No. 39, which is incorporated herein by reference. A Public Hearing was held concerning the adoption of 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 $5,000.00; 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 of Ordinances; and providing for an effective date. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to adopt the following Ordinance. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Harvey Yes Commissioner Reich No Mayor Freeman Yes Motion carried. ORDINANCE NO. 028-1996 See Ord. Book No. 39, which is incorporated herein by reference. A Public Hearing was held concerning the 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 for an effective date. The following 96/122 individuals addressed the Board: Marjorie Chapin, Bernard Mulligan, Ed Hoover, Bill Gorsuch, Eugene Shinkevich, Jane Schnebelt, Eunice Lum and Joan Langley. The County Attorney addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to continue this Public Hearing for the next regular Board of County Commissioners meeting for the third and final Hearing. Motion carried unanimously. A Public Hearing was held concerning the 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 ordinance is effective in the unincorporated areas of Monroe County; providing for severability; providing for the repeal of ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There were no speakers. The Clerk read a letter into the record from H.T. Pontine County Attorney, James T. Hendrick, addressed the Board. The County Attorney was requested to investigate additional language that would limit the proposed ordinance's application to assemblies that extend to more than a 24 hour period. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to continue this Public Hearing to the next regular Board of County Commissioners Meeting. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting approval of a request by John Carbonell, President of Super Boat Racing, Inc., to utilize the enclosed tower area at Higgs Beach as a Dry pit Area from May 13 through May 20, 1996. Motion carried unanimously. Commissioner Harvey requested staff to inquire to the Federal Government requesting they deed the land enclosing the tower over to the County. Public Works Director, Dent Pierce addressed the Board. Motion was made by Commissioner Reich and seconded by 96/123 commissioner Harvey granting Award of Bid and authorizing execution of a contract between Monroe County and RMS International for an emergency generator inspection and electrical repair contract. County Attorney to include appropriate language for a one year contract with an additional two years to be approved one year at a time. Motion carried unanimously. Community services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval for Island Coaches to occupy space at the Key West International Airport on a month-to- month basis until such time as a lease agreement can be drafted, reviewed and approved. Motion carried unanimously. commissioner Reich addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval and authorizing execution of an Amendment to the Agreement between Monroe County and Florida Department of Environmental Protection, Boating Improvement Fund, for the removal of alien vessels. Motion carried unanimously. County Administrator, James Roberts and Social Services Director, Louis LaTorre, addressed the Board concerning In-Home Services. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval for In-Home Services to advertise a Request for Proposals for the provisions of direct core services of chore, homemaking, personal care and respite care, funded by the Community Care for the Elderly, Community Care for Disabled Adults, Older Americans Act Title III-B and III-D, and the Alzheimer's Disease Initiative Grant Programs. Motion carried unanimously. COUNTY ADMINISTRATOR Mr. Roberts requested that the issues of the Group Benefits Program and Third Party Administration for Group Benefits be heard together. The following individuals addressed the Board: Thomas Brazil, representing Fraternal Order of Police; James K. Simon, representing the Keys Physician Hospital Alliance; Lawton Swann, President of Interisk Corporation; and Sheriff Rick Roth. After Board discussion, Motion was made by Commissioner Douglass and Seconded by Mayor Freeman granting approval and authorizing execution of the following two contracts: Contract between Monroe County and Keys Physician Hospital Alliance for utilization review services for group benefits program and network Access. 96/124 Contract between Monroe County and Acordia, Inc., for Third Party Administration of Group Benefits Program. Roll call vote was unanimous. Mr. Roberts introduced Maria Gonzalez and Leah Beard from the Employee Benefits Division. GROWTH MANAGEMENT DIVISION Growth Management Director, Bob Herman, and Bill Smith, Executive Director of the Florida Keys Contractor's Association, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of the following persons to the Construction Board of Adjustments and Appeals: Michael Bier - Architect Phil Childs - Engineer Bob Hilson - Roofing Industry Roll call vote was unanimous. Russell Teall, Chairman of the Boot Key Harbor Ad Hoc Committee and George Garrett, Marine Resources Director, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to endorse the recommendations as enumerated in the Resolution of the Boot Key Harbor Ad Hoc Committee as modified below: Action No. 3 on page 1 modified to: 3. The Commission should ~~~~*y~i~ect its ~t~ ~e develop afl~~~€6Si~ park plan for the entire area in question, including Roll call vote was unanimous. George Garrett addressed the Board and discussed a recommendation of the Boot Key Harbor Ad Hoc Committee to fund a pump-out holding tank at "Pat and Kelly's Marina" currently owned by the Florida Keys Electric cooperative Association. Russell Teall addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey directing staff to pursue the possibility of a pump-out station in Boot Key Harbor, specifically at Pat and Kelly's Marina. Motion carried unanimously. 96/125 LAND AUTHORITY ITEMS SITTING AS BOARD OF COUNTY COMMISSIONERS Executive Director of the Monroe County Land Authority, Mark Rosch, addressed the Board concerning a grant contract for $2.3 million in land acquisition funds from Florida Communities Trust toward the purchase of property located in the city of Key West. city of Key West Attorney, Diane Covan, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich granting approval of the Grant Contract with the following changes as read by Mr. Rosch into the record: 1. Grant recipient is required to execute this contract by May 12, 1996. 2. Grant contract would recognize Land Authority funds may be used as a local match if local bodies agree. 3. Grant amount is an amount up to $2.3 million. 4. Identification of contact persons from Monroe County and the City of Key West. 5. statement of Compliance status of the City of Key West Comprehensive Plan. Roll call vote was unanimous. COUNTY ADMINISTRATOR Lavon Wisher, Financial Advisor with Public Financial Management, addressed the Board. Motion was made by Commissioner Douglass and seconded by Mayor Freeman granting approval for Public Financial Management to prepare for a partial re-funding of bonds at the $700 thousand level to achieve savings; ~ authorization for bond counsel and financial advisor to proceed with preparation of the appropriate documents; and authorization for issuance of a Request for Qualifications for the qualifying of underwriters and a Request for Proposal for the bidding of the price on the bonds. Roll call vote was unanimous. DIVISION OF PUBLIC WORKS Monroe County Construction Manager, William Bibo, addressed the Board concerning the Selection Committee evaluation reports and rankings of architects/engineers who submitted qualifications concerning the "Gato Building". The following architect/engineers were introduced and gave a presentation, in alphabetical order, seeking to be consultants for a report and 95/126 analysis of the existing commissary building known as the "Gato Building": Bender & Associates Architects, P.A.; Gonzalez Architects; Douglas J. Lafferty Architect; and Law Engineering & Environmental Services, Inc. Following the presentations, the Board proceeded to ballot on the firms on the basis of the lowest point total being the firm selected, with the following results: Douglass Harvey Reich Freeman Total Bender 1 1 2 1 5 Gonzalez 3 4 4 2 13 Lafferty 4 2 3 3 12 Law 2 3 1 4 10 On the basis of the above ballot, motion was made by Commissioner Harvey and seconded by Commissioner Reich to authorize staff to negotiate a contract with the firm of Bender & Associates Architects, P.A. to prepare a report and analysis of the Gato Building. Motion carried unanimously. SOUNDING BOARD Michael Korrick addressed the Board concerning the ground transportation resolution regarding the Key West International Airport. The following individuals addressed the Board: Gary Guttman, representing Friendly Cab Company; James Baker, General Manager of Key Lime Cab and Old Island Taxi; John Murphy. Art Skelly, Director of Airports, and Peter Horton addressed the Board. Mr. Skelly agreed to meet with the various taxi companys to come up with a system that could be agreed to on a trial period. Pastor William Welzien, representing the Monroe County Christian Coalition presented the Board with petitions with 660 names and discussed a Resolution presented to the city of Key West Commissioners regarding Fantasy Fest 1996. The following individuals addressed the Board: Elmira Leto, Patricia Lopez, Norma Renner, Jerry Duncan, Dennis Beaver, President of the Key West Business Guild; Adrian Wall, Steve Smith, John Adams, Jim Thomas, Tom Holt, Frank Romano, Celine Mahler, Peter Arrow, President of Spectrum Radio; Michael B. Ingram, Chairman of the Tourist Development Council; Steven Torrence, representing the Metropolitan Community Church, Kay Andrews, Reverend Gary Redwine, representing the Big Coppitt First Baptist Church, Joseph Liszka, representing the Association for Tourism Development, Sheri Smallwood, representing the Key West Womens Club, Danny Smith, Reverend Paul Kruger, representing Holy Trinity Lutheran Church; Joe Mather, Ann L. Dickinson, 95/127 representing the Association for Tourism Development; Tony Falcone, Acting President of Fantasy Fest and the Association for Tourism Development; Todd Swofford, General Manager of Spectrum Radio; Mike Morawski, President of the 907 Whitehead Corporation (Ernest Hemingway Home and Museum); Jeff Webb, President of the Key West Hotel/Motel Association; Bob Tracy, President of the Key West Innkeepers Association; and Matt Babich. The Board entered into discussion. No official action taken. Charles E. Kanter discussed the name change issue of Marathon and requested the Board rescind the Resolution concerning the Marathon name change to Marathon Key. The following individuals addressed the Board: Gail Swanson, John Viele, Ray Kitchener, representing the Greater Marathon Chamber of Commerce. Danny Kolhage, Clerk of the Court, read a statement into the record from Betty Vail. The Board agreed to hear this issue again at the next regular Board of County Commissioners Meeting in Marathon. MISCELLANEOUS Lynn Perman, board member of the Monroe County Arts Council reported on the progress of the new Arts Council and their first fundraiser "Up From the Ashes" which raised over $21,000. Dr. Margaret smith, Chairman of the Monroe County Sesquicentennial Coordinating Committee, reported on the final activities of the Committee. Dr. Smith presented the Board with the final report from the Florida Sesquicentennial Commission, a copy of which has been placed in all libraries, and a framed copy of the seal that was designed for the Sesquicentennial Committee. PUBLIC HEARINGS A Public Hearing was held to amend the Fine and Forfeiture Fund #101. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Resolution concerning the amended budget. Motion carried unanimously. RESOLUTION NO. 169-1996 See Res. Book No. 130, which is incorporated herein by reference. A Public Hearing was held to consider a budget amendment to the Key West Airport Fund #404, for Fiscal Year 1996. Peter Horton addressed the Board. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to adopt the following Resolution concerning 95/128 the amended budget. Motion carried unanimously. RESOLUTION NO. 170-1996 See Res. Book No. 130, which is incorporated herein by reference. Motion was made by commissioner Reich and seconded by Commissioner Harvey to continue the balance of the agenda to April 18, 1996 at 9:00 a.m. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board of County Commissioners of Monroe County --'b~ c. l\ _.A~__+.... Deputy Clerk ~