09/19/1996 Regular
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Thursday, September 19, 1996
Marathon, Florida
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 10:00 a.m., on the above date, at the
Marathon Government Center. Present and answering to roll call
were Commissioners Keith Douglass, Jack London, Mary Kay Reich
and Mayor Shirley Freeman. Commissioner wilhelmina Harvey was
absent. 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 London and seconded
by Commissioner Douglass granting approval of the Additions,
Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
A Retirement Plaque was presented to Paula Rodriguez,
Human Resources Director.
Employee of the Month Award was presented to Shelly
Leonard, Personnel Coordinator, for the month of June, 1996.
Employee of the Month Award was presented to Sam
Cauley, Engineering Department, Public Works Division, for the
month of July, 1996.
A Commendation was presented to Lisa Druckemiller and
Ed Burr from the Office of Management and Budget.
Presentation of a Mayor's Proclamation declaring
October 12, 1996 as "You Can't Beat a Woman Day."
PUBLIC HEARINGS
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A Public Hearing was held to consider adoption of a
Resolution renouncing and disclaiming any right of the County and
the public in and to a portion of Big pine Avenue, Big pine Key.
There was no public input. Motion was made by Commissioner
London and seconded by Commissioner Douglass to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 336-1996
See Res. Book No. 131, which is incorporated herein by reference.
A Public Hearing was held to consider adoption of an
Ordinance amending Sec. 2-299(B) (1), Monroe County Code, in order
to conform to recently amended statute; 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 London and seconded by Commissioner Reich to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 050-1996
See Ord. Book No. 40, which is incorporated herein by reference.
A Public Hearing was held to consider adoption of an
Ordinance creating a Boating Restricted Area (slow speed/minimum
wake zone) for Whale Harbor Channel to include the area within
the marked channel; providing for definitions; providing that
Monroe County agrees to hold harmless the Florida Department of
Environmental Protection from any liability incurred from the
posting of Boating Restricted signage/buoys; 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; and providing an effective date. There was
no public input. Motion was made by Commissioner Douglass and
seconded by Commissioner London to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 051-1996
See Ord. Book No. 40, which is incorporated herein by reference.
A Public Hearing was held to consider adoption of an
Ordinance amending Ordinance No. 034-1996 by excluding from the
Vaca Cut Boating Restricted Area, the area subject to the
regulatory jurisdiction of the City of Key Colony Beach;
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 individuals addressed the Board:
Richard Fortmann, representing Captain Hook's Marina; Sam Watson;
Joseph Flynn, representing Reef Cat Dive Charter; Kathi Fortmann,
representing Captain Hook's Marina. Motion was made by
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commissioner London and seconded by Commissioner Reich to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 052-1996
See Ord. Book No. 40, which is incorporated herein by reference.
Motion was made by Mayor Freeman and seconded by
Commissioner London granting approval of the following items by
unanimous consent:
BULK APPROVALS
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and the United States Coast
Guard for use of the tower at the North Key Largo Translator
Site, commencing October 1, 1996 and continuing through September
30, 2001.
Board granted approval and authorized the Mayor to sign
a letter to serve as written notice extending the Agreement
between Monroe County the District Board of Trustees of Florida
Keys Community College (FKCC) to June 30, 1997.
Board adopted the following Resolution authorizing the
Chairman to execute an E.M.S. County Grant Application and
related request for grant distribution to the Department of
Health and Rehabilitative Services of the State of Florida.
RESOLUTION NO. 337-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval and authorized execution of an
Agreement between Monroe County and the Florida Department of
Community Affairs concerning Radiological Emergency Preparedness
for Fiscal Year 1997.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and Sands of the Keys,
Inc., for a replacement copier in Solid Waste Management
Division's administrative offices.
Board granted Award of Bid and authorized execution of
an Agreement between Monroe County and R. W. Beck, Inc., for
Solid Waste Composition Study at the three Monroe County Transfer
Stations, in the amount of $43,880.00.
Board granted approval and authorized execution of an
Agreement between Monroe County and Clean Florida Keys, Inc., to
provide disbursement of funds from the Litter & Marine Debris
Prevention Grant.
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Board adopted the following Resolution authorizing the
execution of a Grant Agreement with the Department of
Environmental Protection for the acceptance of Litter & Marine
Debris Grant Funds.
RESOLUTION NO. 338-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval and authorized execution of Part
II of the FY 97 Solid Waste Recycling & Education Grant
Application.
Board adopted the following resolution authorizing the
execution of a Grant Agreement with the Department of
Environmental Protection for the acceptance of Recycling &
Education Grant Funds.
RESOLUTION NO. 339-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted Award of Bid and authorized execution of
a Contract between Monroe County and the Brewer Company of
Florida, Inc., for Key Deer Blvd. Paved Pathway on Big pine Key,
in the amount of $143,397.87.
Board granted Award of Bid and authorized execution of
a Contract between Monroe County and General Asphalt Company,
Inc., for Pathway and Roadway Improvements, South Street/Avenue B
on Big Pine Key, in the amount of $237,397.30.
Board granted Award of bid and authorized execution of
a contract between Monroe County and The Brewer Company of
Florida, Inc., for Key Largo Road XII, in the amount of
$134,970.66.
Board granted approval of a Status Report for Monroe
County Park Development, prepared by the County Engineering
Department, dated September 6, 1996.
Board granted approval to advertise for bids for
contracted operation and maintenance of the Monroe County
Detention center Wastewater Treatment Plant.
Board granted approval and authorized execution of
renewal of Contract between Monroe County and D & V Commercial
A/C, Inc., in an amount not to exceed $15,000.00 per year, for
central a/c repair of Lower Keys facilities.
Board granted approval and authorized execution of
renewal of Contract between Monroe County and American Energy &
Sheetmetal Corp., in an amount not to exceed $15,000.00 per year,
for central a/c repair of Upper Keys facilities.
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Board granted Award of Bid and authorized execution of
a Contract between Monroe County and Barnes Alarm System, Inc.,
for alarm system annual certification, maintenance, and
monitoring, in the amount of $7,400.00.
Board granted Award of Bid and authorized execution of
a Contract between Monroe County and AKH Water Management, Inc.,
for the operation and maintenance of the Marathon Government
Center Sewage Treatment Plan.
Board granted Award of bid and authorized execution of
a Contract between Monroe County and National Uniform Service,
for uniform service for the Public Works Division, in an amount
not to exceed $45,000.00 per year.
Board granted approval for the Fantasy Fest "96"
Organization to close the Thomas Street Parking Lot in Key West
on October 26, 1996 beginning at 8 a.m. and concluding on October
27, 1996 at 8 a.m. for the staging of floats for the Fantasy Fest
Parade.
Board granted approval and authorized execution of the
following Inter-Local Agreements between Monroe County and the
School Board:
Amendment to Interlocal Agreement for Sugar loaf School
Property.
Amendment to Interlocal Agreement for Marathon School
Property.
Amendment to Interlocal Agreement for Stanley Switlik
Elementary School Property.
Amendment to Interlocal Agreement for Coral Shores High
School Property.
Amendment to Interlocal Agreement for Plantation Key
Elementary School Property.
Amendment to Interlocal Agreement for Key Largo
Elementary School Property.
Board granted Award of Bid and authorized execution of
a Contract between Monroe County and Island Villa Services Group,
Inc., for the Conch Key Fire station Addition, in the amount of
$35,600.00.
Board granted Award of Bid and authorized execution of
a Contract between Monroe County and Envirotech Contractors,
Inc., to abate asbestos in the Public Service Building, Stock
Island.
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Board granted approval of the filing of a Grant
Application with the Florida Department of Environmental
Protection - Boating Improvement Fund, and authorized execution
of a Contract Agreement between Monroe County and ASAP Marine
Contractors, for the relocation of a piling in Tavernier Creek,
in the amount of $1,695.00.
Board granted approval of the filing of a Grant
Application with the Florida Department of Environmental
Protection - Boating Improvement Fund, and authorized execution
of a Contract Agreement between Monroe County and Arnold's for
the emergency removal of Derelict Vessel DV03A2250, in the amount
of $4,050.00.
Board granted approval of the filing of a Grant
Application with the Florida Department of Environmental
Protection - Boating Improvement Fund, and authorized execution
of a Contract Agreement between Monroe County and Arnold's for
the emergency removal of Derelict Vessel DV03A2171, in the amount
of $6,300.00.
Board granted approval of the filing of a Grant
Application with the Florida Department of Environmental
Protection - Boating Improvement Fund, and authorized execution
of a Contract Agreement between Monroe County and Arnold's for
the emergency removal of Derelict Vessel DV03A2255, in the amount
of $966.00.
Board granted approval of the filing of a Grant
Application with the Florida Department of Environmental
Protection - Boating Improvement Fund, for the purchase of three
buoys. One will be to replace #3 that is missing off of the
South Side of Key West, and the others will be to have on hand
for replacement purposes.
Board granted approval and authorized execution of a
Contract between Monroe County and Spirit Marine Towing &
Assistance for the repair of Aids to Navigation located off
Ramrod and Summerland Keys, in the amount of $3,700.00.
Board granted approval of the filing of a Grant
Application with the Florida Department of Environmental
Protection - Boating Improvement fund, for the maintenance of the
reef mooring system off of Key West.
Board granted approval and authorized execution of an
Amendment to the Agreement between Monroe County and Spirit
Marine Towing & Assistance for the removal of selected derelict
vessels for 1996.
Board granted approval to allow Jasmine Productions to
do a movie filming in the Marathon Airport Terminal area on
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September 30, 1996 and October 1, 1996, with associated pre-
coordination activities.
Board granted approval to extend Hangars On, Inc.
deadline to commence construction of a hangar at the Marathon
Airport for a period of six months, to March 21, 1997.
Board granted approval of a Grant Application to the
FAA for a FAA Part 150 Noise study update for the Key West
International Airport, and authorized the Director of Community
Services to sign the Grant Application.
Board granted approval to submit a Grant Application to
Florida Keys Area Health Education Center, Inc., in the amount of
$25,414.00 for the Family Nutrition Education Program to hire a
bilingual Program Assistant to conduct an education survey and to
expand family nutrition education services to Spanish speaking
low-income residents of the County.
Board granted approval of a settlement of Code
Enforcement Lien on the property of U10-93-461, Luis Quirch, in
the amount of $300.00, as outlined in a letter from attorney Al
Frigola.
Board granted Award of Bid and authorized execution of
a Contract between Monroe County and L & N Dependable Janitorial,
Inc., to provide janitorial service for the Big Pine, Marathon,
Islamorada and Key Largo Libraries, in the amount of $21,160.80
per year.
Board granted Award of Bid and authorized execution of
a Contract Agreement between Monroe County and Diversified
Services Co., Inc., to provide janitorial service for the Key
West Library, in the amount of $7,800.00.
Board granted approval of Excess Workers' Compensation
premium with Clarendon National, and Accidental Death &
Dismemberment renewal premium with Hartford Life Insurance
Company for 10/1/96 to 10/1/97, in the combined total amount of
$145,482.00.
Board granted approval of Excess Workers' Compensation
Settlement in the amount of $100,900.00, including Attorney's
Fees. The majority of these funds will be reimbursed by the
excess carrier, Employers Reinsurance.
Board granted approval to renew Florida Municipal
Insurance Trust Agreement #386, at a new annual premium of
$132,353.00.
Board granted approval and authorized extension of
Insurance Consulting Agreement between Monroe County and Interisk
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Corporation, for Risk Management/Employee Benefits consulting.
Board granted approval to accept an alternate proposal
from Emergency Services Insurance Program to provide Auto
Physical Damage and Portable Equipment Insurance for Public
Safety at a premium of $41,285.00.
Board granted Award of Bid for the Municipal Service
District's (Solid Waste Management) Property Casualty Insurance
as outlined in a memorandum dated 9/4/96 from Donna Perez, Risk
Manager, and Clark Lake, Solid Waste Management Director. Said
memorandum is incorporated herein by reference.
Board granted approval and authorized execution of a
Megalink Channel Service Agreement between Monroe County and
Southern Bell Telephone and Telegraph Company to provide Megalink
at the Key West Central Office and subscriber's location at
Truman School and Megalink Channel Service at the Key West
Central Office.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #1).
RESOLUTION NO. 340-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #2).
RESOLUTION NO. 341-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #3) .
RESOLUTION NO. 342-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated funds (Sch. Item #4)
RESOLUTION NO. 343-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item #5) .
RESOLUTION NO. 344-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item #6).
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RESOLUTION NO. 345-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #7).
RESOLUTION NO. 346-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #8).
RESOLUTION NO. 347-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #9).
RESOLUTION NO. 348-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 064-1996 (Sch. Item #10).
RESOLUTION NO. 349-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 274-1996 (Sch. Item #11).
RESOLUTION NO. 350-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #12).
RESOLUTION NO. 351-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item #13).
RESOLUTION NO. 352-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item #14).
RESOLUTION NO. 353-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
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Receipt of Unanticipated Funds (Sch. Item #15) .
RESOLUTION NO. 354-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #16).
RESOLUTION NO. 355-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 057-1996 (Sch. Item #17).
RESOLUTION NO. 356-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 490-1995 (Sch. Item #18).
RESOLUTION NO. 357-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #19).
RESOLUTION NO. 358-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #20).
RESOLUTION NO. 359-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item #21).
RESOLUTION NO. 360-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #22) .
RESOLUTION NO. 361-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #23).
RESOLUTION NO. 362-1996
See Res. Book No. 131, which is incorporated herein by reference.
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Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item #24) .
RESOLUTION NO. 363-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 186-1996 (Sch. Item #25).
RESOLUTION NO. 364-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item #26).
RESOLUTION NO. 365-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #27).
RESOLUTION NO. 366-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item #28) .
RESOLUTION NO. 367-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item #29) .
RESOLUTION NO. 368-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval to spend Impact Fees for the
purchase of private land for City right-of-way and to widen
curved road at Sadowski Causeway and East Ocean Drive, Key Colony
Beach, for traffic and pedestrian safety, in the amount of
$16,000.00.
Board granted approval to spend Impact Fees for a new
street and parking adjacent to City Hall in Key Colony Beach, in
the amount of $36,000.00.
Board granted approval and authorized execution of
Amendment 2 to Agreement between Monroe County and Florida
Department of Environmental Protection, Contract No. C8368, which
provides for a time extension to complete improvements to
Sombrero Beach.
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Board granted authorization to rescind a Contract
Agreement approved at the July 18, 1996 Commission Meeting and to
execute a revised Agreement between Monroe County and the Florida
Keys Outreach Coalition for the rendering of shelter and
rehabilitative services to qualified individuals in Monroe
County.
Board granted approval to spend Impact Fees up to
$18,000.00 for the construction of a new city park facility at
the intersection of West Ocean Drive and 7th street, Key Colony
Beach.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add on 1).
RESOLUTION NO. 369-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add on 2).
RESOLUTION NO. 370-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated funds (Verbal Add on 3).
RESOLUTION NO. 371-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 322-1995 (Verbal add on 4).
RESOLUTION NO. 372-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Verbal add on 5).
RESOLUTION NO. 373-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add on 6).
RESOLUTION NO. 374-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add on 7).
RESOLUTION NO. 375-1996
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See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal add on 8).
RESOLUTION NO. 376-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Verbal add on 9).
RESOLUTION NO. 377-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Verbal add on 10).
RESOLUTION NO. 378-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Verbal add on 11).
RESOLUTION NO. 379-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval and authorized execution of
1996-1997 Standard USDA Rate Agreement No. US-750 between Monroe
County and Alliance For Aging, Inc. This Agreement provides
reimbursement for meals served to clients on the congregate and
home delivered meals program.
Board granted approval and authorized execution of an
Amendment to Agreement dated September 21, 1995 between Monroe
County and Robert J. Nelms, Jr., M.D., Medical Examiner.
Board granted approval and authorized execution of an
Amendment to Agreement dated August 13, 1996 between Monroe
County and Robert J. Nelms, Jr., M.D., Medical Examiner.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of a TDC Policy, as amended, for
inclusion in the TDC Operations Manual. Said inclusion is as
follows:
The remaining thirty-five percent of the first two cents net
revenue constitutes the Events Budget, including Public
Relations fees and expenses, mail fulfillment consumer
expenses. These funds, for the purpose of the Fishing and
Cultural Umbrella portions of the TDC plan, shall be
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distributed on the basis of district tax collection
percentages with a deviation of no more than 10%. All
Umbrella event funds that are not allocated for Umbrella
events pursuant to this distribution formula will go into
the appropriate county-wide umbrella advertising campaign.
Board granted approval of Fiscal Year 1997 Advertising,
Public Relations, Film Commission, Sales and Market research
budgets, in the total amount of $5,551,323.00.
Board granted approval of Florida Keys Fishing
tournaments, Inc., operations manual (fishing umbrella)
revisions. Said revisions are incorporated herein by reference.
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and Universal Beach
Service Corp., in the amount of $1,691.00 per month from May,
1996, through September, 1996, to cover increased costs of
cleaning Rest Beach.
SOLID WASTE MANAGEMENT
Board granted approval of the replacement of Exhibit II
of all four (4) existing franchise contracts to reflect Fiscal
Year 1997 residential and commercial collection rates.
CONSENT AGENDA/BULK APPROVALS
Board granted approval of a Variance to the Flood
Hazard Ordinance submitted by Elizabeth Meyer, for placement of a
limited bath facility below the base flood elevation on lot 40,
block 1, Summerland Key Cove, 6th Addition, Summerland Key.
Board granted approval of a Variance to the Flood
Hazard Ordinance submitted by Gary Serbonich, for placement of a
limited bath facility below the base flood elevation on lot 9,
block 1, Summerland Key Cove, 6th Addition, Summerland Key.
Board granted approval of a Variance to the Flood
Hazard Ordinance submitted by Tom Newberry, for placement of a
limited bath facility below the base flood elevation on lot 22,
pt 19, Singleton's Addition to Tavernier Cove, Key Largo.
Board granted approval of a Variance to the Flood
Hazard Ordinance submitted by Ken White, foro placement of a
latera 1 attached garage enclosure greater than 300 s.f. below
base flood elevation, for parking only on property located on lot
82, Key Largo Angler's Club, Key Largo.
Board granted approval of a Variance to the Flood
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Hazard Ordinance submitted by Dodge Lake, for placement of a
detached limited storage enclosure greater than 300 s.f. below
base flood elevation, for storage only, on property located on
metes and bounds acreage North Marathon Shores, 7700 Aviation
Blvd., Key Vaca.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and Xerox Corporation for a
three years lease of a Xerox Copier 5334ZASF at $266.00 per
month, including all supplies except paper and staples, for the
Marathon Building Department.
Board adopted the following Resolution amending
Resolution No. 364-1992 and any other previous fee schedules
inconsistent herewith, and amending the Planning Department Fee
Schedule to include an Application Fee for variances to the Sign
Ordinance.
RESOLUTION NO. 380-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval to substitute a transfer of
buildable land to Monroe County by Warranty Deed which was
previously approved by the Board with a different buildable lot.
COMMISSIONERS' ITEMS
Board granted approval of the appointment of Brenda
Bush Turri to the Monroe County Arts Council, representing
District 4.
Board granted approval of the appointment of Robert
Wimmer to the Monroe County Arts council, representing District
4.
Board granted approval of the appointment of Jerry Cash
to the Monroe County Arts Council, representing District 3.
Board granted approval of the reappointment of Captain
Linda Hutton to the Monroe County Arts Council, representing
District 3.
Board granted approval of the appointment of Jeff
Calvert to the Monroe County Arts Council, representing District
1.
Board granted approval of the appointment of Jacquelyn
Grimm to the Monroe County Arts Council, representing District 1.
Board granted approval of the reappointment of Lucille
Feaker to the Monroe County Arts Council, representing District
Re"is; 0 n
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1.
Board adopted the following Resolution in recognition
of the late Frederick C. Mannillo.
RESOLUTION NO. 381-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution in recognition
of the late Joe Balbontin.
RESOLUTION NO. 382-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Proclamation proclaiming September 18, 1996 as Miss Sarah Bethel
Day in recognition of Miss Bethel's 103rd birthday.
* Resolution No. 383-1996 has been deleted.
Resolution No. 391-1996 found on page 96/301 will take its place.
Board granted approval for the Marathon High School
Homecoming Parade to use US1 from 20th Street to 53rd Street,
Marathon, November 9, 1996, from 2:00 p.m. to 3:00 p.m.,
contingent upon Florida Department of Transportation and staff
approval.
Board granted approval of Mayor Freeman's appointment
of Billy R. Gorsuch to the Monroe County Planning commission
replacing Monica Haske1 whose appointment expires October 16,
1996.
COUNTY ADMINISTRATOR
Board granted approval for the County Administrator to
sign a Certification of Local Approval for Nonprofit
Organizations for the purpose of expressing conceptual support
for a program for emergency and transitional housing.
Board granted approval and authorized execution of a
Restrictive Covenant in support of an application to the
Department of State, Division of Historic Resources, for a grant
for Pigeon Key.
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Board confirmed the Administrator's selection of Ms.
Mary Greenwood as the Director of Human Resources.
Board granted approval of the renewal of insurance for
Excess/stop Loss and Group Life Insurance as part of the Group
Benefits Program.
Board granted approval to remove surplus items from
inventory and dispose of same, advertise for bids and accept
highest bids from July 18, 1996 Recap of Bid opening. said list
is incorporated herein by reference.
Board granted approval of the appointment of Nicholas
W. Mulick to the Health Council of South Florida, Inc.,
representing District 4.
Board reviewed and approved the monthly financial
documents as prepared by the Office of Management and Budget and
reviewed the budget trends for the next fiscal year.
Board granted approval of an expansion of Scope of
Services under contract with Commonwealth Consulting Corporation
with no additional compensation.
Board granted approval and authorized execution of
appropriate road closure documents to permit the filming of a
movie from the 7 Mile Bridge or Bahia Honda Bridge on October
14th or October 15, 1996, or such subsequent date as necessary
because of weather or other delays.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY , PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici,
in the amount of $650.00, Leslie Morgan, Ph.D, in the amount of
$425.00
COURT APPOINTED ATTORNEY'S, T. Nicholas Thomes, in the
amount of $1,014.80; Manuel Garcia, in the amount of $7,957.50;
Maria Betancourt, in the amount of $1,155.00
OTHER EXPENSES, Louis Spallone, in the amount of $1,500.00;
State of Florida, in the amount of $401.70; Roadruck
Investigations, Inc., in the amount of $2,500.00
COURT APPOINTED ATTORNEY'S - CONFLICT, Hershoff & DeFoor,
P.A., in the amount of $4,046.95; Angel Ruiz, in the amount of
96/293
$930.00; Crimella & Hamilton, P.A., in the amount of $1,190.00;
Cunning, Albritton, Lenzi, in the amount of $2,760.00; Candida
Cobb, in the amount of $881.25; Gregory Davila, in the amount of
$1,320.00; Natural Law, Inc., in the amount of $7,554.98; Jason
R. smith, in the amount of $412.50; Manuel Garcia, in the amount
of $1,155.00; Bonnie Helms, in the amount of $123.50; Albert
Kelley, in the amount of $3,168.75; Margaret Mills, in the amount
of $71.25
EXTRADITION, Richard Roth, in the amount of $9,263.68
COURT REPORTERS, Associated Court Reporters, in the amount
of $2,294.85; Florida Keys Reporting, in the amount of $2,813.75;
Amy Landry, in the amount of $1,001.50; Susan L. Davis, in the
amount of $1,059.25; vicki Lynn Doty, in the amount of $60.25;
Suzanne F. Ex, in the amount of $726.00; Evelyn M. Jasko, in the
amount of $285.00; Robin Milliken, in the amount of $1,035.15;
Lisa Roeser RPR, in the amount of $560.25; J.R. Alayon, in the
amount of $185.00; Laws reporting, Inc., in the amount of
$210.00; Jack Besoner and Associates, in the amount of $300.00
COURT INTERPRETERS, J.R. Alayon, in the amount of $305.00;
Jose Menendez, in the amount of $835.00; Juan Borges, in the
amount of $85.00; William Waddell, in the amount of $220.00; Jiri
Dolezal, in the amount of $65.00; Heather Ainsworth, in the
amount of $165.00; Basia Dziewanoski, in the amount of $25.00;
Jackie Fine, in the amount of $25.00; Sophia Todd, in the amount
of $70.00; Jan Trawinski, in the amount of 25.00; Mario Baldatti,
in the amount of $97.58; Alicia C. Geer, in the amount of $30.00;
Shannon Minkel, in the amount of $305.00; Ghislaine Mangrella, in
the amount of $35.00; Beata K. Sharpe, in the amount of $45.00
TRAVEL EXPENSES, witness Travel, in the amount of $705.97.
REGULAR WITNESS FEES, witness Payroll, in the amount of
$355.00
COUNTY CLERK
Board approved the following Warrants:
AIRPORT OPERATION & MAINTENANCE FUND (403/404), #1061, in
the amount of $3,013.57
GENERAL REVENUE FUND (001), #269145-270933, in the amount of
$9,140,408.74
Board approved the County Commission Meeting Minutes of
July 10, 11 and 17, 1996.
96/294
COUNTY ATTORNEY
Board granted approval to advertise a Public Hearing to
consider an Ordinance amending section 6-56, Specialty
Contractors (18) and section 12.1-2, Mobile Repair or Mobile
Services, Monroe County Code, allowing grass mowing and certain
lawn maintenance business to be conducted with an Occupational
License only, no certificate of Competency needed; providing for
severability; providing for the repeal of all ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective
date.
Board granted approval to advertise a Public Hearing on
December 18, 1996 in Marathon to consider an Ordinance
establishing certain Rules of Conduct 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 (Little Duck Key Park).
Board granted approval to advertise a Public Hearing on
December 18, 1996 in Marathon to consider an Ordinance
establishing certain Rules of Conduct 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 (Palm Villa Park)
Board granted approval to advertise a Public Hearing on
December 18, 1996 in Marathon to consider an Ordinance
establishing certain Rules of Conduct 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 (Sombrero Beach Park).
Board adopted the following Resolution setting the
date, time and place for a Public Hearing concerning the proposed
abandonment of a portion of Evergreen Lane, Key Haven, Key West.
RESOLUTION NO. 384-1996
See Res. Book No. 131, which is incorporated herein by reference.
96/295
Board granted approval to advertise a Public Hearing on
October 16, 1996 in Key West to consider an Ordinance revising
section 6-59(11) adding a provision for persons seeking certain
specialty licenses to take an exam in lieu of two years'
experience in the field; providing for the repeal of all
ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code of Ordinances; and providing for an
effective date.
Board granted approval to advertise a Public Hearing on
October 16, 1996 in Key West to consider an Ordinance amending
Monroe County Code, section 6-68(d) (4); providing a time
limitation for a Letter of Reprimand to remain in the
contractor's active file; providing for severability; providing
for the repeal of all ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code of Ordinances; and
providing for an effective date.
Board granted approval to advertise a Public Hearing to
consider an Ordinance revising sections 2-370 and 2-372, Monroe
County Code, providing for an alternate member; revising section
2-373(B), Monroe County Code; providing for appointment of the
alternate member; 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 adopted the following Resolution evidencing the
Board's approval on May 9, 1996, of the Orders of Determination
of Vested Rights promulgated by the Vested Rights Hearing Officer
pursuant to the Vested Rights Hearing held on April 18, 1996, for
residential development projects approved under the ROGO system
by the Monroe County Planning Commission on February 8, 1996.
RESOLUTION NO. 385-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution evidencing the
Board's approval on June 19, 1996, of the Orders of Determination
of Vested Rights for commercial development projects promulgated
by the vested Rights Hearing Officer pursuant to the Vested
Rights Hearing held on April 18, 1996.
RESOLUTION NO. 386-1996
See Res. Book No. 131, which is incorporated herein by reference.
Board adopted the following Resolution evidencing the
Board's approval on August 13, 1996 of the Orders of
Determination of Vested Rights for Commercial Development
Projects promulgated by the Vested Rights Hearing Officer
pursuant to the Vested Rights Hearing held on June 26, 1996.
96/296
RESOLUTION NO. 387-1996
See Res. Book No. 131, which is incorporated herein by reference.
SHERIFF'S DEPARTMENT
Board granted approval of a request for expenditures
from the Law Enforcement Trust Fund in the total amount of
$16,025.00 as follows:
$10,345.00
3,180.00
Purchase Ryan TCAD, Model ATS-9000
for installation in the Sheriff's
plane.
Purchase 400 bicycle helmets for
County youth who attend bicycle
safety "rodeos."
2,500.00
contribution to Marathon Jaycees to
help fund "Operation Safe Haven"
Program.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Public Safety Director, Reggie Paros, addressed the
Board. Motion was made by Commissioner Reich and seconded by
Commissioner London granting approval and authorizing execution
of a Lease Agreement between Monroe County and Bellsouth Mobility
Inc. Motion carried unanimously.
Public Works Director, Dent Pierce, addressed the
Board. Motion was made by Mayor Freeman and seconded by
Commissioner London granting approval, per Staff recommendation,
to rescind the existing lease agreement with Deputy Patrick
Golemne, who is leave the County Sheriff's Department effective
September 17, 1996, and pro rate rent due on September; approval
for Sheriff Roth to appoint a sheriff deputy to enter into a
lease agreement to reside in the upper level of the property at a
rate of $400 per month; and approval for the Mayor to execute a
lease agreement for same. Motion carried unanimously.
Construction Manager, William Bibo, and Community
Services Director, Peter Horton, addressed the Board. Motion was
made by Commissioner Reich and seconded by Commissioner London
granting approval to award the bid for Key West International
Airport Terminal Renovations Project to the lowest responsible
bidder pending staff review. Motion carried unanimously.
Motion was made by Commissioner Douglass and seconded
96/297
by Mayor Freeman recommending approval of contract to Dove
Environmental corporation to monitor asbestos abatement in the
Public Service Building, stock Island and to waive Purchasing
Policies and Procedures. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
commissioner Douglass granting approval to award bid and enter
into contract with Temporary Permanent Structures., Inc. for the
Second Floor Renovations Evidence Area of the Monroe County
Courthouse Annex, and waiving Purchasing Policies and Procedures.
Motion carried unanimously.
Mr. Horton, County Attorney, James T. Hendrick, and Mel
Reisert of Greiner, Inc., addressed the Board concerning Award of
Bid to Suncoast Fence to construct perimeter fencing at the Key
West and Marathon Airports. Bob Hayes with Fence Masters and
Mary Palmer, President of Suncoast Fence, also addressed the
Board. Motion was made by Commissioner London and seconded by
Commissioner Douglass granting approval of Staff recommendation
with a waiver of non-conformities; to include but not be limited
to any non-conformity in the bid documents submitted by the low
bidder with respect to evidence of competency. Roll call vote
was unanimous.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval to execute a Grant
Agreement for the Key West International Airport Terminal
Rehabilitation and Addition Project. Motion carried unanimously.
Motion was made by Mayor Freeman and seconded by
Commissioner London granting approval and authorizing execution
of the renewal of existing Contract which allows BellSouth to
operate public telephones and equipment at said locations.
Monroe County will receive from Bellsouth, 26% of all revenues
generated from these public phones. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to continue to the next Board meeting the
approval to renew the Lease Agreement with Independent Mortgage
and Finance Company, Inc., for office space. Motion carried
unanimously.
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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
96/298
to roll call were Mayor Shirley Freeman, Commissioner Jack London
and Chairman Keith Douglass. Absent were Commissioner Art French
and Commissioner Hal Halenza.
Motion was made by Commissioner London and seconded by
Mayor Freeman to adopt the following Resolution superseding
Resolution No. 108-1995, and adopting an amended fee schedule for
use by the special taxing district for providing ambulance
services. Motion carried unanimously with Commissioners French
and Halenza not present.
RESOLUTION NO. 388-1996
See Res. Book No. 131 which is incorporated herein by reference.
Motion was made by Commissioner London and seconded by
Mayor Freeman granting approval and authorizing execution of two
(2) agreements with Dun and Bradstreet concerning collection
letter services for ambulance user fees. Motion carried
unanimously, with commissioners French and Halenza not present.
Motion was made by Commissioner London and seconded by
Mayor Freeman granting approval and authorizing execution of a
Contract Agreement Addendum with Technical Dynamics, Inc. for
maintenance inspections and corrective maintenance of biomedical
equipment. Motion carried unanimously, with commissioners French
and Halenza not present.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
The Board of County Commissioners reconvened with
Commissioner Harvey not present.
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DIVISION OF PUBLIC SAFETY
Public Safety Director, Reggie Paros, updated the Board
on Monroe County Translator licenses which are up for renewal.
DIVISION OF COMMUNITY SERVICES
Community Services Director, Peter Horton, addressed
the Board. Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval for the Airport
Department to hire a Planning Consultant to assist in the
revision of Monroe County Land Development Regulations concerning
Airports. Motion carried unanimously.
96/299
COMMISSIONERS' ITEM
Public Works Director, Dent Pierce, discussed with the
Board removal of exotic trees from the Schwartz property. Motion
was made by Commissioner London and seconded by Commissioner
Douglass granting approval for the Road Department to utilize
their equipment and men for removal of the exotics. Motion
carried unanimously.
DIVISION OF PUBLIC WORKS
Mr. pierce discussed Animal Control Operations. Motion
was made by Commissioner Douglass and seconded by Commissioner
London granting approval, per Staff Recommendation, to advertise
a Request For Proposal (RFP) for operation of all four (4) Animal
Control Shelters to see if any organization is interested in
providing animal control services and at what cost. Motion
carried unanimously.
CONSENT AGENDA/BULK APPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval to advertise public
hearings for the Monroe County On-site Sewage Treatment and
Disposal Systems Ordinance. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval of the following two
items:
Letter of Engagement with the law firm of Morgan and
Brookes renewing for an additional term of one year the Letter of
Engagement initially entered into with the law firm of Morgan and
Hendrick dated December 8, 1992 for the fiscal year 92-93, to act
as Special Litigation Counsel to the Board of County
Commissioners of Monroe County for legislative and State agency
matters for Fiscal Year 1996-1997, at a $250,000 cap.
Letter of Engagement with the law firm of Morgan and
Brookes renewing for an additional term of one year the Letter of
Engagement initially entered into with the law firm of Morgan and
Hendrick dated December 8, 1992 for the fiscal year 92-93, to act
as General civil Litigation Counsel to the Board of County
Commissioners of Monroe County for legislative and State agency
matters for Fiscal Year 1996-1997, at an $80,000 cap. Roll call
vote was taken with the following results:
96/300
commissioner Douglass Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
Growth Management Director, Bob Herman, addressed the
Board. Motion was made by Commissioner London and seconded by
Commissioner Douglass to adopt the following Resolution approving
the Monroe County 1996 Impact Fee Report. Motion carried
unanimously.
RESOLUTION NO. 389-1996
See Res. Book No. 131 which is incorporated herein by reference.
Motion was made by Commissioner Reich and seconded by
Commissioner London to adopt the following Resolution which
encourages the film industry to select Monroe County as a prime
industry location. Motion carried unanimously.
RESOLUTION NO. 390-1996
See Res. Book No. 131 which is incorporated herein by reference.
COMMISSIONERS' ITEMS
Motion was made by Mayor Freeman and seconded by
Commissioner London granting approval of Mayor Freeman's
appointment of Robert R. Padron to the Tourist Development
Council. Roll call vote was unanimous.
SPECIAL PROGRAMS/MONROE COUNTY HOUSING AUTHORITY
Attorney John spottswood, representing the Monroe
County Housing Authority gave a status report on "Plan 2000" of
the Monroe County Housing Authority and the Housing Authority of
the City of Key West, and a request for direction if required.
County Administrator, James Roberts; Land Authority Director,
Mark Rosch; and John O'Brien, with the Monroe County Housing
Authority, also addressed the Board. Motion was made by
Commissioner London and seconded by Commissioner Douglass
requesting the County Administrator to identify the funding
source in order to provide the Housing Authority with the amount
of $57,600 for Plan "2000". Roll call vote was unanimous.
SOUNDING BOARD
Wayne Jessup addressed the Board concerning support of
the Florida Keys Scenic Highway Project and request that the
96/301
County deny any attempt by the Department of Environmental
Protection to lease the old Keys bridges until further
investigation of their future can be studied by the Florida Keys
Scenic Highway Project. No official action was taken.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, and David
Thatcher, representing the South Florida Water Management
District, updated the Board on the Stormwater Management Plan.
Motion was made by Commissioner London and seconded by
Commissioner Douglass granting approval, per Staff
recommendation, to hire a county employee working for Monroe
County under the supervision of the Department of Engineering and
Growth Management who will be housed in a county facility and
whose primary focus be Stormwater Management. Roll call vote was
unanimous.
COMMISSIONERS' ITEMS
Mayor Freeman, Commissioner London and Mr. Herman
addressed the Board. Motion was made by Mayor Freeman and
seconded by Commissioner London to adopt the following Resolution
requesting that the Florida Keys National Marine Sanctuary Water
Quality Protection Program Steering Committee meeting on
September 24, 1996, not a adopt a proposal to obtain an
independent private firm to review the work products generated by
the engineers and consultants preparing the Monroe County
Wastewater Master Plan and Marathon Wastewater Facilities Plan.
Roll call vote was unanimous. Bill Kruczynski, addressed the
Board.
RESOLUTION NO. 391-1996
See Res. Book No. 131 which is incorporated herein by reference.
DIVISION OF GROWTH MANAGEMENT
Mr. Herman, Ken Williams, representing CH2MHill, and
Marine Resources Director, George Garrett, addressed the Board
concerning the approval of the preliminary scope of work for the
Monroe County Sanitary Wastewater Master Plan. Motion was made
by Mayor Freeman and seconded by Commissioner Douglass to approve
conceptually and as rewritten. Roll call vote was unanimous.
Mr. Herman addressed the Board. Motion was made by
Commissioner Douglass and seconded by Mayor Freeman granting
approval to allocate an additional $30,000 to the law firm of
Apgar & Phelam for representation of the 18 Mile Stretch
Hearings. Roll call vote was taken with the following results:
96/302
commissioner Douglass Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
Mr. Herman updated the Board on the Cesspit Replacement
Program, 2010 Comprehensive Plan; and the u.s. Army Corps of
Engineer's proposed dock regulations. Motion was made by
Commissioner London and seconded by Commissioner Reich
instructing the County Attorney's Office to draw a resolution
asking our Congressional Delegation to request the Army Corps of
Engineers to refrain from taking any unilateral action on the
permit at this time. Motion carried unanimously.
RESOLUTION NO. 392-1996
See Res. Book No. 131 which is incorporated herein by reference.
Mr. Herman discussed the issue of davits with the
Board. Motion was made by Commissioner London and seconded by
Commissioner Reich to allow installation of davits without
permits. Motion carried unanimously.
Commissioner London excused himself from the meeting.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to continue to the next Board meeting the
update on the Stokes permit. Motion carried unanimously, with
commissioner London not present.
commissioner London returned to the meeting.
COMMISSIONERS' ITEMS
Mr. Herman, County Attorney, James T. Hendrick, and the
Board discussed a request to designate the Looe Key Artificial
Reef Association as the designated agents in the permit
application process to make an artificial reef by sinking the
SS Mayolykes off Looe Key. The Association will be required to
make regular reports to the BOCC as to progress. The County
Marine Resources Department will serve as County liaison. Motion
was made by Commissioner Reich and seconded by Commissioner
Douglass granting approval of the item with the agency limited so
that no action by the agent which subject Monroe County to
responsibility or liability without Staff review and execution of
appropriate documents. Roll call vote was unanimous. Joe
McKeag, addressed the Board.
Lieutenant Ross Thomson, Deputy Sam Holton, and Deputy
John Shaw discussed with the Board property at the Marathon
96/303
Airport being used as a future rollerblading park. Motion was
made by Commissioner Douglass and seconded by Commissioner London
directing staff to pursue the future rollerblading park with the
Sheriffs Office and report back to the Board. Roll call vote was
unanimous.
commissioner London discussed the moratorium on
commercial development.
COUNTY ADMINISTRATOR
Chris Lehman, of Commonwealth Consulting Corporation,
discussed with the Board the Ballistic Missile Testing issue and
Excessed Navy Property. Mayor Freeman appointed commissioner
Reich to serve as an alternate on the Local Redevelopment Agency.
*
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BUDGET PUBLIC HEARINGS
Solid Waste Director, Clark Lake, addressed the Board
concerning the Residential and Commercial Solid Waste and
Recycling Rates. There was no public input. Motion was made by
Commissioner London and seconded by Commissioner Reich to adopt
the following two items:
Final Residential Solid Waste Collection, Disposal and
Recycling rates for Fiscal Year 1996-97.
RESOLUTION NO. 393-1996
See Res. Book No. 131 which is incorporated herein by reference.
Final per month Solid Waste Collection, Disposal and
Recycling Service rates for Commercial Property in the various
solid waste collection franchise areas for Fiscal Year 1996-97.
RESOLUTION NO. 394-1996
See Res. Book No. 131 which is incorporated herein by reference.
Office of Management and Budget Director, John Carter,
announced the tentative millages.
Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval of the Group Benefits rate
of $380 per month per employee. Mr. Roberts addressed the Board.
Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval of the Capital Improvement
96/304
Plan (304 account). Said Plan is incorporated herein by
reference. Mr. Roberts addressed the Board. Motion carried
unanimously.
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DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
BOARD OF GOVERNORS
The Board of Governors of District #1 Lower and Middle
Keys Fire and Ambulance District convened. Present and answering
to roll call were Mayor Shirley Freeman, Commissioner Jack
London, Commissioner Hal Halenza and Chairman Keith Douglass.
Absent was Commissioner Art French.
The Board discussed the Tentative Fiscal Year 1996-97
Budget of the Board of Governors Lower and Middle Keys Fire &
Ambulance District. There was no public input.
Mr. Carter announced the District #1 amended roll-back
millage rate, percent increase over roll-back rate and final
millage rate.
Motion was made by Commissioner London and seconded by
Mayor Freeman to adopt the following Resolution adopting the
final millage rate for Fiscal Year 1997. Roll call vote was
taken with the following results:
Mayor Freeman Yes
Commissioner Halenza No
Commissioner London Yes
Chairman Douglass Yes
Motion carried.
RESOLUTION NO. 395-1996
See Res. Book No. 131 which is incorporated herein by reference.
Motion was made by Commissioner London and seconded by
Mayor Freeman to adopt the following Resolution adopting the
final budget for Fiscal Year 1996-97. Roll call vote was taken
with the following results:
Mayor Freeman Yes
Commissioner Halenza No
Commissioner London Yes
Chairman Douglass Yes
96/305
Motion carried.
RESOLUTION NO. 396-1996
See Res. Book No. 131 which is incorporated herein by reference.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
*
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The Board of County Commissioners reconvened with all
Commissioners present.
The Board received public input of the Tentative Fiscal
Year 1997 Budget. Barbara Wright, representing the Florida Keys
Children's Shelter, addressed the Board.
Mr. Carter announced the amended roll-back millage
rates, percentage increases over roll back rates and final
millage rates.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to adopt the following Resolution adopting
the final millage rates for Fiscal Year 1997. Roll call vote was
unanimous.
RESOLUTION NO. 397-1996
See Res. Book No. 131 which is incorporated herein by reference.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass adopting the following Resolution adopting
the final budget for Fiscal Year 1997. Motion carried
unanimously.
RESOLUTION NO. 398-1996
See Res. Book No. 131 which is incorporated herein by reference.
*
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COMMISSIONERS' ITEMS
commissioner Reich discussed with the Board a refund
request of building permit application fees to the Keys Academy
of Marine Science, Inc. Growth Management Director, Bob Herman,
addressed the Board. No official action was taken.
96/306
commissioner Douglass discussed with the Board possible
remedies of the Lobster Walk development operating without
benefit of county approval. Motion was made by Commissioner
Douglass and seconded by Commissioner London directing the County
Attorney's Office to pursue injunction against the Lobster Walk
property immediately. Motion carried unanimously.
COUNTY ADMINISTRATOR
Mr. Roberts discussed approval of the Board monthly
meeting dates for 1997. Motion was made by Commissioner Reich
and seconded by Commissioner Douglass to continue to the November
Board meeting approval of the meeting dates for 1997. Motion
carried unanimously.
COUNTY ATTORNEY
Motion was made by Commissioner Reich and seconded by
Commissioner London to adopt the following Resolution authorizing
execution of a Release of Easement owned by the County on City of
Key West property on the western edge of the County's Key West
International Airport Property. Motion carried unanimously.
RESOLUTION NO. 399-1996
See Res. Book No. 131 which is incorporated herein by reference.
COUNTY ADMINISTRATOR
proceed
Florida
Board.
commissioner Douglass with the Board approval to
with Strategic Planning/Visioning Process with the South
Regional Planning Council. Mr. Roberts addressed the
No official action was taken.
COUNTY ATTORNEY
Motion was made by Commissioner London and seconded by
Commissioner Reich to table adoption of a Resolution creating the
Monroe County Port Authority. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
County Attorney, James T. Hendrick, discussed
amendments to the Ocean Reef/Golf Manor Settlement Agreement.
Mr. Bruce Harkness, V.P., Lewis Property Investors, addressed the
Board. After Board discussion, motion was made by Commissioner
Reich to amend the proposed agreement to allow for payment of the
$25,000 in accordance with revised paragraph C as follows:
96/307
If amendments to the Settlement Agreement are not
approved by the Monroe County Board of County
Commissioners or the Department of Community Affairs,
completion of on-site restoration pursuant to the
existing Settlement Agreement dated May 1995 will be
required prior to issuance of certificates of occupancy
for homes on lots 1 and 2 or building permits for lots
3-8. Motion died for lack of a second.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to approve the amendments to the Ocean
Reef/Golf Manor Settlement Agreement, as amended, with an
amendment to paragraph C as follows:
22. OFF-SITE MITIGATION.
A. Insert the amount of $10,175.00 instead of
$10,000.00.
B. Insert the amount of $19,405.00 instead of
$19,400.00.
C. LEWIS PROPERTY INVESTORS
Insert at the end of the first sentence the
words:
"or on November 1, 1997, whichever occurs
later."
D. Insert the amount of $54,580.00 instead of
$54,400.00.
Roll call vote was unanimous.
Mr. Hendrick discussed the following cases: Ocean Cay
gambling boat; Key Largo Ocean Resorts; Naubereit; Plaza
Associates; Inn Resorts; O'Daniels; Dowsett; Vacation Rental
Ordinance; Drossel; Coconut Grove Bank; Shadek; Big pine Joint
Venture; and Hall's Resort.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to call for a closed session to discuss
pending litigation pertaining to the Marathon Airport on October
16, 1996 at 6:00 P.M. Motion carried unanimously.
Mr. Hendrick discussed the Weizmann case which involves
the County, Tax Collector and the Clerk concerning some land sold
for taxes that was involved in an Illinois Bankruptcy case. Mr.
Hendrick was authorized to hire outside counsel in conjunction
with the Clerk and the Tax Collector to defend that case.
96/308
Mr. Hendrick advised the Board that he would be
travelling to Pensacola to view the Missile Launch Program which
is currently affecting the County.
There being no further business to come before the
Board, the meeting was adjourned.
Danny L. Kolhage
Clerk to the Board of County
Commissioners of Monroe County
~o..L.JL Q. ~~
Deputy Clerk
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