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06/19/1996 Regular 96/172 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, June 19, 1996 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Marathon Government Center. Present and answering to roll call were 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Douglass and seconded by Commissioner London granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of a Mayor's Proclamation proclaiming June 17 through June 23, 1996 as Hurricane Awareness Week. Presentation of a Mayor's Proclamation recognizing June 22 and June 23, 1996, as "Amateur Radio Weekend". Employee of the Month Award was presented to Jim Shimkus, Marathon Airport Manager, Community Services Division, for the month of March, 1996. County Administrator announced that the County received three National Association of County Awards for the Bayshore Respite Program, Refuge of Last Resort Plan, and Memorandum of Understanding Program with United States Navy Medical. Ty symrowski, Planning Manager of Florida Department of Community Affairs Florida Keys Field Office, introduced Christine stretesky, Assistant General Counsel for Florida Department of Community Affairs. 96/173 BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Douglass to approve the following items by unanimous consent: Board granted approval and authorized execution of an Agreement #96EM-6U-11-54-10-044, between Monroe County and Florida Department of Community Affairs concerning Emergency Management Assistance for FY 1995/1996. Board granted approval to purchase two-way radio equipment for Phase 2 of the UHF FM Communications System, through EMS County Grant #C9544, in an amount not to exceed $206,641.76. Board adopted the following Resolution authorizing the submission of a Waste Tire Grant Application to the Florida Department of Environmental Protection for FY 97. RESOLUTION NO. 218-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of a Litter & Marine Debris Prevention Grant Application to the Florida Department of Environmental Protection for FY 97. RESOLUTION NO. 219-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of the Recycling and Education Grant Application to the Florida Department of Environmental Protection for FY 97. RESOLUTION NO. 220-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval for Coral Shores High School to close US1 in Tavernier, from MM 91.5 to MM 92.5 (starting at Barnett Bank to Harry's Place) for the annual Homecoming Parade on November 15, 1996, and authorized the Mayor to execute a Florida Department of Transportation Request for Temporary Closing/Special Use of State Road form. Board approved a request from the Marathon Chamber of Commerce for use of Sombrero Beach on July 4, 1996, from 8 a.m. to midnight, for the annual 4th of July Celebration to include selling and consumption of beer; also, allowing the Marathon Chamber of Chamber to provide cleanup in lieu of customary cleanup fee, per staff recommendations. 96/174 Board granted approval and authorized execution of Addendum to Agreement between Monroe County and Mowrey Elevator Service, Inc., to add inspection and maintenance service for the two elevators located within the new Sheriff's Administration Building to the existing Contract Agreement for inspection and maintenance of County elevators. Board granted approval and authorized execution of Change Order #1 for Contract between Monroe County and J. A. LaRocco Enterprise, Inc., for Roadway Drainage Improvements Phase IV, decreasing the contract in the amount of $100.00. Board granted approval and authorized execution of Change Order #2 for Contract between Monroe County and J. A. LaRocco Enterprise, Inc., for Boca Chica Paved Pathway, adding an 18 day time extension and decreasing the contract in the amount of $1,409.30. 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. 221-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval and authorized execution of Change Order #1 for Contract between Monroe County and D. L. Porter Construction, Inc., Islamorada Library Project, in the increased amount of $19,779.00. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Globe Aviation Service, for office space at the Marathon Airport. Board granted approval to purchase one Air Rescue Fire Fighting Vehicle for the Marathon Airport, from Emergency One, in the amount of $110,500.00. Board granted approval to advertise a Request for Proposals for a refreshment center on the first floor of the Marathon Airport Terminal. Board granted approval and authorized execution of a Joint Participation Agreement Termination between Monroe County and Florida Department of Transportation for Agreement #6826675. Board granted approval to rescind Federal Express lease for space at the Key West International Airport approved by the Board on October 18, 1995. Board granted approval and authorized execution of a 96/175 Purchase/Service Order No. 95/96-11R, between Monroe County and Greiner, Inc., for the Key West International Airport Stormwater Drainage Improvement Project/East Apron. Board granted approval of a revision to the Monroe County Public Library Policies section 25.9.1 (loan period for books). Revision to be: Materials may be renewed by telephone. Board granted approval of the Emergency Preparedness Plan for Monroe County Social Services. Board granted approval and authorized execution of the Senior Community Services Employment Program (SCSEP) Modification of Subgrant budget between Monroe County and National Council on the Aging, Inc., Subgrant #0-5099-5-00-81-5512, to decrease enrolle wages/fringes in the amount of $2,700.00 for FY 95/96. Board granted approval and authorized execution of the Community Care for Disabled Adults Grant Application between Monroe County and Florida Department of Health and Rehabilitative Services AND execution of Contract No. KG-009 between Monroe County and Florida Department of Health and Rehabilitative Services, providing funding for the Community Care for Disabled Adults Program. Board granted approval and authorized execution of the following contracts between Monroe County and the Alliance on Aging: Contract No. HC-972, 1996/97 Home Care for the Elderly Contract (fixed rate), awarding $18,129.00 for case management of the clients enrolled in the Home Care for the Elderly Program. 1996/97 Medicaid Waiver Memorandum of Agreement setting a spending authority in the amount of $206,994.00 for the 2176 Home and Community Based Services Waiver. Contract No. KG-697, 1996/97 Alzheimers Disease Initiative Contract, awarding continuation funding in the amount of $53,711.00 for the Alzheimer's Disease Initiative Program. Contract No. KG-651E, 1996/97 Community Care for the Elderly Contract, awarding funding in the amount of $544,221.00 for the Community Care for the Elderly Program. Board granted approval and authorized execution of a Preliminary/Letter Contract No. 2A-PY'96-02-00, between Monroe County and South Florida Employment and Training Consortium (SFETC) for intake and liaison services for the 1997 program year 96/176 (7/1/96 - 6/30/97). Board granted approval and authorized execution of an Amendment to Contract No. B95030 between Monroe County and Florida Department of Environmental Protection-Boating Improvement Fund, for derelict vessel removal 1995/96. This amendment is a list of actual vessels removed. Board adopted the following Resolution authorizing the Marine Projects Coordinator to sign Permit Applications for Marine Projects related to Channel Marking, No Wake Zones, Derelict Vessel Removal and Artificial Reefs. RESOLUTION NO. 222-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County, the City of Key West, and the Florida Department of Environmental Protection- Boating Improvement Fund, for the Garrison Bight Bathroom Facilities. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Florida Department of Environmental Protection-Boating Improvement Fund, for the installation of Aids to Navigation in Sugarloaf Channel. Board granted approval to remove surplus items from inventory and dispose of same, advertise for bids, and accept trade-in proposal on pressure washers. Said list incorporated herein by reference. Board granted approval to renew Property Insurance with Royal Insurance Company for amended policy term, at a premium in the amount of $136,211.00. Board granted approval to advertise Request for Proposals for Municipal Service District property and casualty insurance. Board granted approval and authorized execution of a Maintenance Contract between Monroe County and IPL Systems, for service to the 8mm tape drive used for the AS/400 computer system, in the amount of $1,380.00 per year. Board granted approval to advertise a Public Hearing on July 17, 1996 to amend the Law Library Fund #103. Board granted approval to spend Parks & Recreation Impact Fees for Big Coppitt Key Playground for the purchase and installation of playground equipment, fencing and improvements to site drainage, in the total amount of $35,000.00. 96/177 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #I). RESOLUTION NO. 223-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item #2) . RESOLUTION NO. 224-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #3) . RESOLUTION NO. 225-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #4). RESOLUTION NO. 226-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item #5) . RESOLUTION NO. 227-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution to Rescind Resolution No. 206-1996 (Schedule Item #6) . RESOLUTION NO. 228-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item #7). RESOLUTION NO. 229-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #8). RESOLUTION NO. 230-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item #9). RESOLUTION NO. 231-1996 96/178 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 194-1996 (Schedule Item #10) . RESOLUTION NO. 232-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #11). RESOLUTION NO. 233-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution to rescind Resolution No. 203-1996 (Schedule Item #12). RESOLUTION NO. 234-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #13). RESOLUTION NO. 235-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item #14) . RESOLUTION NO. 236-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #15). RESOLUTION NO. 237-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Schedule Item #16) . RESOLUTION NO. 238-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #17). RESOLUTION NO. 239-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #18). 96/179 RESOLUTION NO. 240-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #19) . RESOLUTION NO. 241-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Schedule Item #20). RESOLUTION NO. 242-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 395-1996 (Schedule Item #21). RESOLUTION NO. 243-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval to spend Parks and Recreation Impact Fees for Bernstein Park for the installation of softball field, soccer field, basketball court, picnic area, observation platform, bicycle path, restrooms, irrigation system, parking lots, sod and landscaping. Board granted approval and authorized execution of a Contractual Agreement between Monroe County and the South Florida Employment and Training Consortium for Title lIB Summer Youth Employment and Training Program. Board granted approval for the Marathon wild Bird Rescue, a non-profit organization, to use Sombrero Beach to hold a fundraiser on July 21, 1996 from 1 p.m. to 6 p.m., including the consumption and sale of beer and food, and to waive cleanup and user fees. Board granted approval and authorized execution of a Medicaid Provider Agreement between Monroe County and Unisys, Inc., for continued enrollment in the Florida Medicaid Program. Board granted approval of a grant application between Monroe County and the National Council on the Aging, Inc./SCSEP PY1996/97i July 1, 1996 to June 30, 1997 and adopted the fOllowing Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 244-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the 96/180 Receipt of Unanticipated Funds. RESOLUTION NO. 245-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 246-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval and authorized execution of a Subgrant Agreement between Monroe County and the National Council on the Aging, Inc./SCSEP PY 1996/97; July 1, 1996 to June 30, 1997. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal add-on #1). RESOLUTION NO. 247-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal add-on #2). RESOLUTION NO. 248-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal add-on #3). RESOLUTION NO. 249-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal add-on #4). RESOLUTION NO. 250-1996 See Res. Book No. 130, which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Islamorada A11- Tackle Bonefish Tournament covering the Islamorada All-Tackle Bonefish Tournament event allocated under the Fishing Umbrella, in an amount not to exceed $2,900.00, to change dates of the event to October 14 through October 18, 1996. CONSENT AGENDA/BULK APPROVALS 96/181 Board granted approval and authorized execution of an extension of Contract #SP333 between Monroe County and the Florida Department of Environmental Protection, providing an additional $125,000.00 to complete an assessment of the capability of a variety of domestic wastewater treatment systems (package plants) to meet a nutrient reduction standard. Board granted approval of fifteen (15) Affordable Housing Deed Restrictions, nine (9) transfers of buildable land to Monroe County by Warranty Deed, and nine covenants restricting the property owner to having one dwelling unit on two contiguous lots: Warranty Deed between Timothy R. and Jacqueline L. Hampson and Monroe County, Lot 7, Block 14, Palm Villa Subdivision, Lida R. Calkins et al Subdivision, Lot 1, Section 23, as recorded in PB 1, Page 89 of the Public Records of Monroe County. Warranty Deed between Timothy R. and Jacqueline L. Hampson and Monroe County, Lot 7, Block 7, Palma Sola Subdivision, PB 1, Page 115 of the Public Records of Monroe County. Warranty Deed between Lawrence E. and Bertha A. Hannon and Monroe County, Lot 17, Block 6, Revised Plat of Torch Key Estates, PB 4, Page 40 of the Public Records of Monroe County. Warranty Deed between Lawrence E. and Bertha A. Hannon and Monroe County, Lot 7, Block 6, Revised Plat of Torch Key Estates, PB 4, Page 40 of the Public Records of Monroe County. Warranty Deed between Lawrence E. and Bertha A. Hannon and Monroe County, Lot 18, Block 6, Revised Plat of Torch Key Estates, PB 4, Page 40 of the Public Records of Monroe County. Warranty Deed between Wilson and Maria Rodriguez and Monroe County, Lot 6, Block 25, Palm Villa, Big Pine Key, Lida R. Caulkins, Sec.23, Township 66 South, Range 29 East, PB 1, Page 89 of the Public Records of Monroe County. Warranty Deed between Wilson and Maria Rodriguez and Monroe County, Lot 5, Block 25, Palm Villa, Big Pine Key, Lida R. Caulkins, Sec. 23, Township 66 South, Range 29 East, PB 1, Page 89 of the Public Records of Monroe County. Warranty Deed between Keith and Mary L. Burkman and Monroe County, Lot 2, Block 5, Torch Key Estates, PB 4, Page 30, of the Public Records of Monroe County. 96/182 Warranty Deed between Keith and Mary L. Burkman and Monroe County, Lot 1, Block 5, Torch Key Estates, PB 4, Page 30, of the Public Records of Monroe County. Warranty Deed between Keith and Mary L. Burkman and Monroe County, Lot 10, Block 40, pine Crest Subdivision, PB 1, Page 131, of the Public Records of Monroe County. Warranty Deed between Keith and Mary L. Burkman and Monroe County, Lot 11, Block 40, Pine Crest Subdivision, PB 1, Page 131, of the Public Records of Monroe County. Warranty Deed between Robert H. Hirsch and Monroe County, Lot 11, Block 2, pine Key Yacht Club Estates, PB 6, Page 98, of the Public Records of Monroe County. Warranty Deed between Robert H. Hirsch and Monroe County, Lot 25, Block 3, Revised Plat of Torch Key Estates, PB 4, Page 40, of the Public Records of Monroe County. Warranty Deed between Thomas A. Norby and Monroe County, Lot 2, Block 11, Palm Villa, PB 1, Page 89, of the Public Records of Monroe County. Warranty Deed between James B. and Mary D. Humelsine and Monroe County, Lot 15, Square 10, Palm villa, PB 1, Page 89 of the Public Reords of Monroe County. Warranty Deed between Charles Augustus and Monroe County, Lots 1, 2, Block 10, Palma Sola Subdivision, PB 1, Page 115 of the Public Records of Monroe County. Affordable Housing Deed Restriction, Carol M. Halverson, Lot 3, Coral Shores Subdivision, Plantation Key, PB 3, Page 2, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Henry C. Hendel, Trustee, RE#0087100-601, Sec. 28, Twp. 61S, Range 39E, Lot 20, Key Largo, PB 1, Page 68, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Randolph D. Wall, RE#00414230, Sec. 18, Twp. 63S, Range 38E, Lot 19, Block 8, Plantation Beach SUbdivision, Plantation Key, PB 2, Page 76, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Greg Kearsley, RE#00453800, Sec. 28, Twp. 61S, Range 39E, Lot 11, Block 2, Silver Lake Park Subdivision, Key Largo, PB 4, Page 95, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Paul Turick, Jr., 96/183 RE#004621000000, Sec. 05, Twp. 63, Range 38, Lot 3, Block 4, Plantation Key, PB 3, Page 182, of the Public Records of Monroe County. Affordable Housing Deed Restriction, John Michael De1lanos, RE#00410502020100, Sec. 13, Twp. 63, Range 37, Lot 3, Block, 34, Venetian Shores Subdivision, Plantation Key, PB 7, Page 18, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Terry and Brooks W. Thommes, RE#0027858000000, Sec. 23, Twp. 66, Range 29, Lot 2 and 33' of 3, Block 7, Palm Villa SUbdivision, Big pine Key, PB 1351, Page 2345 of the Public Records of Monroe County. Affordable Housing Deed Restriction, Shane M. and Tracey Sweeting, RE#00279190, Sec. 23, Twp. 66S, Range 29, Lot 8, Block 10, Palm Villa SUbdivision, Big Pine Key, PB 1, Page 89, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Habitat for Humanity, RE#00370120-000000, Sec. 24, Twp. 65, Range 33, Lot 13, Block 30, Crains SUbdivision, Grassy Key, PB 1, Page 51, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Charles Roswell, RE#0012600-000113, Sec. 35, Twp. 67, Range 25, Lot 13, Block 46, Maloney SUbdivision, Stock Island, PB 1, Page 55, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Charles Roswell, RE#0012600-000110, Sec. 35, Twp. 67, Range 25, Lot 10, Block 46, Maloney Subdivision, Stock Island, PB 1, Page 55, of the Public Records of Monroe County. Affordable Housing deed Restriction, Charles Roswell, RE#00126100-000111, Sec. 35, Twp. 67, Range 25, Lot 11, Block 46, Maloney Subdivision, Stock Island, PB 1, Page 55, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Charles Roswell, RE#00126100-000108, Sec. 35, Twp. 67, Range 25, Lot 8, Block 46, Maloney SUbdivision, Stock Island, PB 1, Page 55, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Charles Roswell, RE#00126100-000112, Sec. 35, Twp. 67, Range 25, Lot 12, Block 46, Maloney Subdivision, Pine & Palm Condo. Trailer Park, Stock Island, PB 1, Page 55, of the Public Records of Monroe County. Affordable Housing Deed Restriction, Andrew and Carol Samul, RE#00295290, Sec. 4, Twp. 66, Range 29, Lot 8, Block 58, 96/184 Port Pine Heights Subdivision, Big pine Key, PB 4, Page 167, of the Public Records of Monroe County. Restrictive Covenant, James B. and Mary D. Humelsine, Lots 5 and 6, Green Turtle Beach Amended Plat, PB 4, Page 73 of the Public Records of Monroe County. Restrictive Covenant, R. H. and E. K. Robillard, Lots 1 and 2, Block 1, winston Park, PB 4, Page 104, of the Public Records of Monroe County. Restrictive Covenant, Robert W. and Elizabeth G. Halgren, Lots 25 and 26, Block 5, Plat Book 3, Page 94, of the Public Records of Monroe County. Restrictive Covenant, Kenneth J. Neuman, RE#'s 0027037000700 and 0027037000701, Sec. 22, Township 66, Range 29, PB 5, Page 26, of the Public Records of Monroe County. Restrictive Covenant, Mario and Ruth Mederos, Lots 511 and 512, Port Largo Fifth Addition, PB 6, Page 109, of the Public Records of Monroe County. Restrictive Covenant, Florian Hausmann, Lots 14, 15, 18 and 19, Block 12, Angler's Park, Key Largo, Sec. 14, Township 61 South, Range 39 East, PB 1, Page 159, of the Public Records of Monroe County. Restrictive Covenant, Florian Hausmann, Lots 1, 2, 10 and 11, Block 13, Angler's Park, Key, Largo, Sec. 14, Township 61 South, Range 39 East, PB 1, Page 159, of the Public Records of Monroe County. Restrictive Covenant, Richard L. and Debra J. Knodle, Lots 1, 2, 3, Block 1, Gulfstream Shores SUbdivision, Key Largo, Sec. 29, Township 60, Range 40 East, PB 3, Page 61, of the Public Records of Monroe County. Restrictive Covenant, Jeffrey and Joan Nolan, Lots 2 and 3, Block 21, Cudjoe Gardens Subdivision, 8th Addition, Sec. 30, Township 66 South, Range 28 East, PB 7, Page 16, of the Public Records of Monroe County. Board adopted the following Resolution approving an exemption from the Nonresidential Permit Allocation System for Lower Florida Keys Health System for property located at 29755 U.S.1, Section 27, Township 66 South, Range 29 East, Tallahassee Meridian, Big pine Key. RESOLUTION NO. 251-1996 See Res. Book No. 130, which is incorporated herein by reference. 96/185 Board granted approval of a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation for Don & Susan Broyles, on Lot 4, Block 3, Kahiki Harbor, Key Largo. Board granted approval of a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation for Carol & Robert D'Anella, on Lot 9, Block 2, Twin Lakes, Key Largo. Board granted approval of a variance to the Flood Hazard Ordinance for placement of a limited bath facility below the base flood elevation for Ken Adams, on Lot 1, Block 21, Coco Plum, Fat Deer Key. Board granted approval and authorized execution of an Extension of Time for Joint Participation Agreement Contract No. AC328, between Monroe County and Florida Department of Transportation, from June 30, 1996 to June 30, 1997. The extension will permit completion of transportation impact fee report, loading and parking standards study, and traffic impact reports being conducted by the County's consultant transportation engineers. COMMISSIONERS' ITEMS Board granted approval of Mayor Freeman's appointment of Sara stites to the Monroe County Arts Council, filling the vacancy in District 4 due to the resignation of Carlos Rojas. Board adopted the following Resolution in recognition of the late Glynn Archer, Jr. RESOLUTION NO. 252-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval of Commissioner Harvey's reappointment of Pam Martin to the Marine and Port Advisory Committee. Board granted approval to advertise an Ordinance amending Section 2-282, Subsections (a) and (b); revising the membership of the County Arts council; providing for severability; providing for the repeal of Ordinances inconsistent herewith; providing for incorporation in the Monroe County Code of Ordinances; and providing for an effective date. Board adopted the following Resolution designating the month of July, 1996, as Veterans and Military Awareness Month in Monroe County. 96/186 RESOLUTION NO. 253-1996 See Res. Book No. 130, which is incorporated herein by reference. Board authorized travel expenses not to exceed $1,000.00 for members of the Committee on the Status of Women to attend the National Association of Commissions for Women at the Eden Roc Hotel in Miami Beach, July 10 to 14, 1996. Board granted approval and authorized execution of a lease Agreement between Monroe County on behalf of the Duck Key Security District and Wayne Rice for property located at 416 Harbour Drive, Duck Key, in the monthly amount of $375.00, subject to legal sufficiency. Board granted approval of Commissioner Douglass' appointment of Albert "Sonny" Appel to the Duck Key Security District Advisory Board, to fulfill the term of Charles Casella. Said term to expire on 6/19/97. Board granted approval for leasing and possible future purchase of a satellite phone for communication use. 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 $2,000.00; Guillermo Marcovici, in the amount of $300.00; Leslie Morgan, in the amount of $300.00. COURT APPOINTED ATTORNEY'S, Tegan Slaton, in the amount of $888.75; Marci Rose, in the amount of $2,424.04; Stephen Isherwood, in the amount of $1,277.25; Margaret T. Mills, in the amount of $2,625.00; Maria Betancourt, in the amount of $3,183.75; Manuel Garcia, in the amount of $2,771.25; Bonnie Helms, in the amount of $877.50. COURT APPOINTED ATTORNEY'S - CONFLICT, Marci Rose, in the amount of $525.32; Natural Law, Inc., in. the amount of $1,383.75; Charles Everett, in the amount of $3,885.00; Maria Betancourt, in the amount of $1,375.00; Tegan Slaton, in the amount of $742.50; W. J. Heffernan, Jr., in the amount of $350.00. TRAVEL EXPENSES, Witness Travel, in the amount of $5,404.65. COURT REPORTERS, Associated Court Reporters, in the amount of $3,223.00; Florida Keys Reporting, in the amount of $560.25; 96/187 Soon Schunot, in the amount of $223.50; Vicki Lynn Doty, in the amount of $140.70; Nichols & Hardy, in the amount of $90.00; Amy Landry, in the amount of $1,526.75; Jack Bensoner, in the amount of $240.00; Tonasz Gadomski, in the amount of $25.00; Anne M. Sage, in the amount of $520.00. REGULAR WITNESS FEES, witness Payroll, in the amount of $414.00. EXTRADITION, Richard Roth, in the amount of $1,910.68. OTHER EXPENSES, Louis Spallone, in the amount of $3,500.00; witness LOdging, in the amount of $1,634.49; State of Florida, in the amount of $106.35. COURT INTERPRETERS, Marianele Herrera, in the amount of $200.00; J. R. Alayon, in the amount of $355.00; Basia Dziewanoski, in the amount of $25.00; William Waddell, in the amount of $450.00; Jose Menendez, in the amount of $565.00; Rejean Clement, in the amount of $85.00; AT&T Language Line Service, in the amount of $50.00; Mayda Maloney, in the amount of $50.00; Juan Borges, in the amount of $35.00; Rev. Julia Seward, in the amount of $60.00; Lena Allen, in the amount of $25.00; Jose Estevez, in the amount of $25.00. MISC. EXPENSES - ALL, Dep. W. Allen, in the amount of $5.00; George Wielander, in the amount of $191.40. COUNTY CLERK Board approved the following Warrants: COMMUNITY DEVELOPMENT BLOCK GRANT (100), #158-160, in the amount of $65,970.00 SUPPLEMENT TO GENERAL REVENUE FUND (002), #639-#642, in the amount of $51,531.15 FINE & FORFEITURE FUND (101), #1674-#1678, in the amount of $251,737.68 ROAD AND BRIDGE OPERATING (102), #964-#967, in the amount of $279,557.56 LAW LIBRARY FUND (103), #529-#531, in the amount of $1,030.35 TOURIST DEVELOPMENT COUNCIL (115-121), #1008-#1012, in the amount of $953,332.03 FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #243-#245, in 96/188 the amount of $10,423.98 MSD TAXING DISTRICTS (145,146,141), #912-#915, in the amount of $257,019.55 TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #582-#584, in the amount of $25,104.16 UPPER KEYS TRAUMA DISTRICT (144), #335-#337, in the amount of $6,144.44 PLANNING,BUILDING,& CODE ENFORCEMENT/ PARKS & BEACHES UNINCORPORATED (147,148) #632-#635, in the amount of $231,700.06 VENETIAN SHORES SPEC RD DIST & DUCK KEY SECURITY (149/152), #122, in the amount of $5,244.86 MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1091-1094, in the amount of $29,980.98 COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304), #860-#863, in the amount of $328,121.79 CARD SOUND BRIDGE FUND (401), #662-#665, in the amount of $15,993.73 AIRPORT OPERATION & MAINTENANCE FUND (403/404), #1035-1047, in the amount of $281,366.82 MSD PLEDGED FUNDS (414), #523-#526, in the amount of $1,128,733.07 WORKERS COMPENSATION FUND (501), #4366-#4370, in the amount of $77,115.64 GENERAL REVENUE FUND (001), #361691-263470, in the amount of $7,260,120.48 MONROE COUNTY GROUP INS FUND (502), #834-#839, in the amount of $306,154.28 RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504), #430-#433, in the amount of $165,480.93 FL TRUST FUND (600,601), #1128-1129, in the amount of $49,851.17 Board approved the County Commission Meeting Minutes of April 17 and 18, 1996. 96/189 COUNTY ATTORNEY Board adopted the following Resolution rescinding Resolution No. 145-1996 and authorizing the execution of a revised Highway Landscape Maintenance Agreement with the Florida Department of Transportation for the Craig Key Landscaping Project No. 90050-3507. RESOLUTION NO. 254-1996 See Res. Book No. 130, which is incorporated herein by reference. Board adopted the following Resolution renaming the Monroe County Environmental Management Division to the Monroe County Solid Waste Management Division. RESOLUTION NO. 255-1996 See Res. Book No. 130, which is incorporated herein by reference. Board granted approval and authorized execution of a Settlement Agreement in the case of Quality Inn Resort of Marathon vs. Monroe County, Case No. 10079CA18. Board granted approval to advertise an Ordinance establishing certain rules of conduct (Bernstein Park) and operational procedure by providing for restrictions on alcoholic beverages; posting of signs regarding drug possession and exchange; hours of operation; procedures for use for special events; assemblies and other recreational activities; 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 establishing certain rules of conduct (Big Coppitt Park) and operational procedure by providing for restrictions on alcoholic beverages; posting of signs regarding drug possession and exchange; hours of operation; procedures for use for special events; assemblies and other recreational activities; 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 establishing certain rules of conduct (Bay Point Park) and operational procedure by providing for restrictions on alcoholic beverages; posting of signs regarding drug possession and exchange; hours of operation; procedures for use for special events, assemblies and other recreational activities; providing for severability; providing for the repeal of all ordinances 96/190 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 establishing certain rules of conduct (Wilhelmina Harvey Park) and operational procedure by providing for restrictions on alcoholic beverages; posting of signs regarding drug possession and exchange; hours of operation; procedures for use for special events, assemblies and other recreational activities; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. Board granted approval and authorized execution of two Release of Mortgages on Lot 2, Block 8, and Lot 22, Block 9, Harris Ocean Park Estates, First Addition, recorded in Plat Book 4 Page 139 of the Public Records of Monroe County, Florida, said mortgages being for the rehabilitation of rental dwelling units on said property. Board granted approval of the Orders of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer for commercial development projects pursuant to the Vested Rights Hearing held on April 18, 1996. Board granted approval and authorized execution of a Settlement Agreement between Monroe County and Franklin R. and James E. Atwell, in Circuit Court Case No. 93-385-CA-18, regarding the expiration of County Building Permit No. 92-1-5266. COUNTY ADMINISTRATOR * Board granted approval and authorized execution of an Employment Agreement Amendment between Monroe County and County Attorney James T. Hendrick, on a month-to-month basis, until superseded by a new employment contract. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Public Works Director, Dent Pierce, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval to re-advertise for bids for contracted uniform service for the Public Works Division. Motion carried unanimously. County Engineer, Dave Koppel; Planning Manager of 96/191 Florida Department of Community Affairs for the Florida Keys, Ty Symrowskij and County Attorney, James T. Hendrick, addressed the Board. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval of the Report on the development of County Parks. Motion carried unanimously. Mr. pierce addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of a permit for incidental to right-of-way maintenance, Permit #FTS-MON-2, on County maintained roads including $7,500 in mitigation to the Key Largo Hammocks state Botanical Site. Motion carried unanimously. County Administrator, James Roberts, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval to use Impact Fees to upgrade the air conditioning system at the Main Detention Facility. Motion carried unanimously. commissioner London excused himself from the meeting. TOURIST DEVELOPMENT COUNCIL Commissioner Harvey and Mr. Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to approve the following two items: Resolution waiving any conflict of interest for Scott Marr, as General Manager of Marina Del Mar, doing business with Fishing Tournaments (The Coconuts Dolphin Tournament) funded in part by the Monroe County Tourist Development Council. RESOLUTION NO. 256-1996 See Res. Book No. 130 which is incorporated herein by reference. Resolution waiving any conflict of interest for Herbert Spiegel, doing business with Fishing Tournaments (The Cheeca Lodge Presidential Sailfish Tournament and the George Bush/Cheeca Lodge Bonefish Tournament) funded in part by the Monroe County Tourist Development Council. RESOLUTION NO. 257-1996 See Res. Book No. 130 which is incorporated herein by reference. Roll call vote was unanimous, with Commissioner London not present. Commissioner London returned to the meeting. 96/192 PUBLIC HEARINGS A Public Hearing was held concerning adoption of the following 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 severability; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 031-1996 See Ord. Book No. 39 which is incorporated herein by reference. A Public Hearing was held concerning adoption of the following Ordinance clarifying that a Monroe County parking ticket may be issued for illegally parking in parking spaces reserved for the disabled; Creating Section 11-9, Monroe County Code, in order to provide that the Board of County Commissioners may by Resolution restrict or prohibit the parking of vehicles along portions of county roads and at certain congested areas, and at night, and may by Resolution restrict or prohibit the parking of trucks with one ton or more capacity along county roads in areas designated Improved Subdivision or Residential Suburban, and further providing a $20.00 civil penalty for violations; creating Section 11-10, Monroe County Code, in order to direct that the Monroe County Clerk of the Court furnish the Department of Highway Safety and Motor Vehicles with a computer readable list of all persons with three or more outstanding county parking tickets or one or more tickets for disabled parking space violations; Providing that the Monroe County Tax Collector may not issue license plates or revalidation stickers to persons with three or more outstanding county parking tickets until a receipt from the Clerk of Court is presented showing that the ticket fines have been paid and further providing that the Clerk of the Court and the Tax Collector are each entitled to ten percent of the amounts so collected to cover their costs; 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 Reich and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 032-1996 See Ord. Book No. 39 which is incorporated herein by reference. A Public Hearing was held concerning adoption of the 96/193 following Ordinance amending Section 3 of Ordinance No. 031-1988 in order to add Municipal Service Taxing District 5 (Snake Creek North to South Bay Harbor Drive and Lobster Lane) to the Lower and Middle Keys Fire and Ambulance District; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Public Safety Director, Reggie paros; Robert McPeak, representing the Tavernier Fire Department, Art French, representing District #1 Board of Governors, and County Administrator, James Roberts addressed the Board. After Board discussion, motion was made by Commissioner London and seconded by Commissioner Douglass to adopt the following Ordinance. 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. ORDINANCE NO. 033-1996 See Ord. Book No. 39 which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commissioner Douglass that all non-emergency changes in equipment require Board approval. Roll call vote was unanimous. A Public Hearing was held concerning adoption of the following Ordinance creating a boating restricted area (slow speed/minimum wake zone) for Vaca Cut, Marathon; Providing for definitions; Providing that Monroe County agrees to hold the Florida Department of Environmental Protection harmless from any liability incurred from the negligent posting of boating restricted markers; Providing for penalties for violations; Providing for exemptions; 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. Key Colony Beach Vice-Mayor, Art French; Roger Holland, Richard G. Fortmann, and Samuel Watson, addressed the Board. Motion carried unanimously. ORDINANCE NO. 034-1996 See Ord. Book No. 39 which is incorporated herein by reference. 96/194 * * * * * 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 Freeman, commissioner London, Commissioner French and Chairman Douglass. Absent was Commissioner Ha1enza. Motion was made by Commissioner London and seconded by Commissioner French granting approval to terminate the contract with CBI/Equifax for mail return/address search service and authorization for the Public Safety Director to provide the required 30 day notice. Motion carried unanimously, with Commissioner Halenza not present. commissioner French discussed the Length of Service Award Program. 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. PRESENTATION OF AWARDS Presentation of a Proclamation and Plaudits to our three (3) Monroe County Public High Schools with sports champions who have earned academic B averages. GROWTH MANAGEMENT DIVISION Land Use Counsel, Bob Apgar, updated the Board on the 18 Mile Stretch and the proposed settlement agreement. Mr. Apgar updated the Board on the Comprehensive Land Use Plan and the need to conduct an Economic Feasibility Study. County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner London authorizing Mr. Apgar to proceed with the Economic Feasibility Study in an amount not to exceed $25,000. Roll call vote was unanimous. 96/195 LAND AUTHORITY ITEMS SITTING AS BOARD OF COUNTY COMMISSIONERS Executive Director of the Land Authority, Mark Rosch, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval and authorizing execution of an Agreement for the Purchase of Lands for Landmark Equity Corp. concerning Block 2, Lots 29 and 30, Hibiscus Park Subdivision, Key Largo RE#507720 and 507730. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval and authorizing execution of an Agreement for the Purchase of Lands for Block 3, Lots 1 and 2; Block 4, Lots 2 and 7; Block 5, Lots 2, 3, and 17; Block 9, Lot 12; Block 10, Lot 10; Block 12, Lots 7 and 15 of Koehns subdivision 0 Big Pine Key; and Block A, Lots 19 and 20; Block B, Lots 4, 5, 6, 7, 13, and 14; Block 0, Lot 13; Block E, Lots 8,15, and 16; Block F, Lots 1, 2, 5, 7, 8, 11, 15, 18; Block H, Lots 9, 10, 15, 16, 19, and 20; Block K, Lots 8, 11, 12, 13, 14 of pine Heights Subdivision on Big Pine Key; and Block 2, Lots 19, 20, 21, 22; and 22; and Block 3, Lot 26 of Pine Ridge Subdivision on Big Pine Key. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Charles Causey and James M. Harvey, representing Florida Bay Initiative, Inc., addressed the Board concerning the 18 Mile Stretch. Growth Management Director, Bob Herman, updated the Board on public hearings held by the Governor's Office, Mr. Herman updated the Board on the Federal Emergency Management Agency. Eugene Shinkevich, representing the Florida Keys citizens Coalition addressed the Board. Mr. Herman introduced Todd Leachman, of the Florida Department of Transportation who made a presentation to the Board on the 1996 Short Range Component of the Florida 2020 Transportation Plan. Mr. Herman introduced Raj Shanmugam of the firm of Barton & Aschman Associates who made a presentation to the Board of the Annual Assessment of Public Facility Capacity for 1996. Planning Director, Timothy McGarry, addressed the Board. Motion 96/196 was made by Commissioner Douglass and seconded by Commissioner London granting approval of the Annual Assessment of Public Facility Capacity for 1996. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Harvey discussed with the Board approval for representation before state and Federal Government by Doug Moody and Robert Reyes of the firm of Bateman Graham, PA of Tallahassee, Florida. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to enter into a Contract of employment with Messrs. Doug Moody and Robert Reyes of the firm of Bateman Graham, PA to represent Monroe County before the Administration Commission and various state and Federal agencies. The details of contract will be worked out by the County Administrator and County Attorney and be brought back before the Board for final approval. Roll call vote was unanimous. Gary Redwine, President of the Coppitt/Johnsonvi11e Homeowners Association addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Reich to adopt the following Resolution to provide notice that they will consider the advisability of closing the end of 4th street, GU1fside, Big Coppitt. Public Works Director, Dent Pierce, and County Attorney, James T. Hendrick, addressed the Board. RESOLUTION NO. 258-1996 See Res. Book No. 130 which is incorporated herein by reference. The following individuals addressed the Board concerning the name change of Marathon to Marathon Key: Betty Vail, Charles E. Kanter, Gail Swanson, Joan Manges, Richie Moretti, representing the Marathon Old Town Merchant's Association; Carlos Rojas, John 0, Ghee, representing the Marathon Key Economic Development Committee; Brian C. Schmitt, representing the Marathon Key Economic Development Committee; Rick Benninghove, representing Buccaneer Resort; Shelley Martin-Vegue, George Neugent, Max Bayard, Bettye Chaplin, and Lynn Mapes, representing the Marathon Key Economic Development Committee. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner London reaffirming the Board's previous vote. Roll call vote was unanimous. MISCELLANEOUS Don Looper, Board Member of the Monroe County Arts Council, updated the Board on the Council's progress. 96/197 COMMISSIONERS' ITEMS commissioner Douglass discussed with the Board current code enforcement of particular sections of the sign ordinance which are being discussed and redrafted as part of the new proposed sign ordinance. Motion was made by Commissioner Douglass directing Code Enforcement to give the lowest priority to enforcement of certain sections of the code concerning signs. After consideration, the motion was withdrawn. Richie Moretti, representing the Marathon Old Town Merchants Association and Charles Causey, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Harvey appointing commissioner Douglass as the Board's representative to the Committee working on revisions to the sign ordinance. Motion carried unanimously. Motion was made by commissioner Douglass and seconded by Commissioner London recommending that Code Enforcement give the lowest priority to enforcement of section 9.5-403(b) (9) (18) excluding parking areas, rights-of-way, required setbacks, required open space, bufferyards and enforcing of handicap areas and loading zones. Roll call vote was unanimous. community services Director, Peter Horton, addressed the Board. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution denying a Land Use District Map Amendment changing the Land Use Designation for the John J. and J. Leslie Brier property legally described as Lots 1 through 18, Block 27, Sands Subdivision, Big pine Key, Monroe County, Florida from Improved Subdivision (IS) to Urban Residential Mobile Home District (URM). Motion was made by Commissioner Harvey and seconded by Commissioner Reich that this matter be continued and abated pending the enactment of a Map Amendment consistent with the requested re-zoning. Roll call vote was unanimous. DIVISION OF MANAGEMENT SERVICES Office of Management and Budget Director/ Acting Director of Information Systems, John Carter, updated the Board on Monroe County's Internet. 96/198 CONSENT AGENDA / BULK APPROVALS Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval to declare four (4) Hydro1ab Datasonde 3 water monitoring devices as "Surplus" under 274.05, F.S. and to transfer ownership to the Florida Department of Environmental Protection, Marine Research Institute. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner London to deny the issuance of a refund check in the amount of $415 to curtis Kruer for permit application fee paid by personal check on April 15, 1996 for Permit No. 961-642. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Growth Management Director, Bob Herman, discussed with the Board an editorial in the Miami Herald regarding building permits in Big pine Key. County Attorney, James T. Hendrick, addressed the Board. Mr. Hendrick updated the Board on the following legal issues: Big pine Joint Venture/Mariner's Resort; Sunshine Key; Coconut Grove Bank/Stuart Marr; Hall's Resort; Vacation Rentals; Dowsett; McDonald's/Tradewinds Plaza vs. Monroe County/Commercial ROGO; Plaza Associates at Ocean Reef, and the Atwoods litigations. Mr. Hendrick also discussed a court ruling reversal concerning the county's noise ordinance. Motion was made by Commissioner London and seconded by Commissioner Douglass authorizing the County Attorney to participate in the appeal to be filed by the State. Motion carried unanimously. Mr. Hendrick discussed the Drossell litigation concerning vacation rentals. COMMISSIONERS' ITEMS Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval to advertise an Ordinance authorizing the issuance of county parking tickets for vehicles parked in the u.S. #1 Right-Of-Way that are also in violation of section 337.406(1), F.S. (prohibiting the commercial use of state right-of-way); Providing for enforcement and a noncriminal penalty of twenty dollars; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Motion carried unanimously. 96/199 Commissioner Reich discussed with the Board Code Enforcement ceasing all activity with regard to downstairs enclosures (including pending cases before hearing officer) until such time as negotiations are completed with the Federal Emergency Management Association (FEMA). Motion was made by Commissioner Reich and seconded by Commissioner Harvey directing Code Enforcement to cease citing of downstairs enclosures pending negotiations with FEMA. Roll call vote was taken with the following results: Commissioner Douglass No Commissioner Harvey No Commissioner London No Commissioner Reich Yes Mayor Freeman No Motion failed. commissioner London discussed TCI's ineptitude to broadcast County Commission Meetings. Motion was made by Commissioner London and seconded by Commissioner Douglass to issue a complaint to the Monroe County Telecommunications Authority in reference to TCI's broadcast of County Commission Meetings. Motion carried unanimously. commissioner London discussed with the Board holding a Workshop concerning changes to the Code. commissioner Harvey discussed with the Board the problem of excessive heat affecting the health of staff and passengers at the Key West International Airport. This matter was referred to Community Services Director, Peter Horton. COUNTY ADMINISTRATOR County Administrator, James Roberts discussed the issuance of a Request for Qualifications for underwriter's for the proposed sales tax refunding issue. Mr. Robert's discussed a request that the Administrator sign a letter of support for the Wesley House Literacy Grant Application. Mr. Roberts discussed the processing of excess navy property and the Board's interest in the Commissary Building, East Martello Tower, the Bunker, and the Hawk Missile site. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to send a letter to the City of Key West concerning the county's position on navy excessed property and also the preparation of a Resolution to be acted upon at the July 7, 1996 meeting. Motion carried unanimously. 96/200 COUNTY ADMINISTRATOR Mr. Roberts reviewed with the Board monthly financial documents as prepared by the Office of Management and Budget and the very preliminary budget trends for next fiscal year. COUNTY ATTORNEY County Attorney, James T. Hendrick, discussed with the Board the Post, Buckley, Schuh & Jernigan; Avis Rent-A-Car; Detention Center; Marathon Aviation; Florida Keys Taxi; Marquette; School Board/Marathon Chamber of Commerce; and 33rd Street matters. There being no further business to come before the Board, the meeting was adjourned. Depu~~ C. ~~