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02/11/1998 Regular 98/26 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of county Commissioners Wednesday, February 11, 1998 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 a.m., on the above date, at the Key Largo Library. Present and answering to roll call were Commissioners Keith Douglass, shirley Freeman, Wilhelmina Harvey, Mary Kay Reich, and Mayor Jack London. 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. Commissioner Douglass introduced Brian Jones an intern studying c?unty Government. ADDITIONS, CORREC~IONS, DELETIONS Motion was made by Commissioner Harvey and seconded by Commissioner Reich to approve all additions, corrections and deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of a proclamation was made commemorating the 18th anniversary of the Keys Jewish Community Center on February 21, 1998. BULK APPROVALS Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to approve the following items by unanimous consent: Board granted approval to award bid to the only bidder, 98/27 Calusa Trucking Company, to haul glass to Sarasota. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Toxikon, for ground water and surface water sampling and analysis at the County's three landfills. Board granted approval to reject the only bid received for the sale of eight Clear Air CA-3000 municipal solid waste incinerators, and readvertise for bids. Board granted approval to remove surplus items from inventory and advertise for bids, dispose and accept transfer to the City of Key West. Board granted approval to demolish and dispose of a small frame building known as the "sugarloaf Field House." Board granted approval to reject all bids for automotive and rolling equipment parts and supplies and readvertise for bids. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and RMS International for emergency generator inspections and repairs for one additional year, in the amount of $46,368 (the same cost as last year's agreement). , Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Brink's, Inc., for armored transportation services for the Card Sound Toll Authority, for one additional year at the rate of $735.75 per month, a 9 per cent increase over the first year's contract; said contract provided for yearly increases not to exceed 10 per cent. Board granted approval to extend a contract agreement with Landis and Staefa, Inc., on a month-to-month basis, until a contract is awarded to provide inspection, testing and certification of the fire alarm and smoke control system located within the Monroe County Detention Facility, and the fire alarm system located within the Sheriff's Administration Building. Board granted approval to amend the bid package approved for advertising on December 10, 1997, to include testing, inspection and certification of the building automation systems for the Detention Facility, the Sheriff's Administration Building, and the fire alarm system for the Courthouse Annex. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the Guidance Clinic 98/28 of the Middle Keys, Inc., for use of their wastewater treatment plant by the Marathon Detention Facility. Board granted approval and authorized execution of a revised one year Lease Agreement between Monroe County and Loma Alta Associates for office space for the Marathon state Attorney, in the amount of $1,972.63 AND authorization to rescind previous Board action of January 14, 1998 regarding this item. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Island Angles, Inc., reflecting the following amendments: Deleting service to the offices in the Administration Building previously occupied by the state Attorney and Commissioner Freeman; reducing the contract amount by $70.00 per month for said deletion; renewing the agreement for Jackson Square Janitorial Service for one additional year. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Buccaneer Courier, exercising a renewal option, section 8, for a period of twelve months, effective March 19, 1998. Board granted approval and authorized execution of an Amendment to Administrative Service Agreement between Monroe County and Acordia National, for the group health insurance plan to provide fee negotiation services. Board granted approval to purchase Blanket Pollution Insurance from united Capital Insurance Company for a period of five years, $5,000,000 in limits, and annual premium installments of $37,667.00. Board granted approval and authorized execution of a Location Provider Agreement between Monroe County and BellSouth Public Communications, Inc., approving long distance on BellSouth public telephones on County properties. Board granted approval to advertise for a budget amendment to the Supplement to General Fund #002. Board granted approval to award Bid for the publication of the Monroe County 1997 Delinquent Tax Rolls to the Kev West citizen. Board granted approval and authorized the settlement of a Code Enforcement lien on the property of Dan & Kathleen Yeider, Code Enforcement Board Case No. M8-89-234. 98/29 Board granted approval and authorized execution of a purchase/Service Order between Monroe County and URS Greiner, Inc., to prepare new Key West International Application for projects at Key West and Marathon Airports for the analytical phase (Phase 1) and the implementation phase (Phase 2) of the Passenger Facility Charge Application (PFC) for submission to the FAA. Board granted approval and authorized execution of a Purchase/Service Order between Monroe County and URS Greiner, Inc., to provide design, bidding and construction phase services for a new electrical vault building and equipment including a stand-by generator at the Key West International Airport. Board granted approval and authorized execution of an Operating Agreement between Monroe County and Marathon FBO, Inc., and Golden Wings, Inc., for Golden Wings to lease space from the FBO at the Marathon Airport. Board granted approval and authorized execution of Florida Department of State Division of Library and Information Service certification of Credentials - single Library Administrative Head. Board granted approval to advertise for bids for the maintenance of the landscaping and garden at the Key West Branch Library. Board granted approval to advertise for bids for two paratransit bus body on chassis vehicles with wheelchair lifts. Board granted approval to advertise for bids for the selection of three derelict vessel contractors for the removal of derelict vessels over the next two years from the nearshore waters of the Keys, from Key Largo to Key West AND adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $300,000 for the removal of selected derelict vessels from the nearshore waters of the Florida Keys not to exceed 35' in length and the establishment of three zones. RESOLUTION NO. 020-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval and authorized execution of a Contract Agreement between Monroe County and ASAP, Inc., for the removal of DV03A2458 and DV03A2461 located in the Upper Keys AND adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $3,182.00 for the removal of DV03A2458 and DV03A2461. 98/30 RESOLUTION NO. 021-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV03A2516, in the amount of $900.00 AND adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $900.00 for the emergency removal of DV03A2516 located on Big Coppitt Key. RESOLUTION NO. 022-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing and Assistance for the emergency removal of DV03A2510 located in pine Channel off Big Pine Key, in the amount of $1000.00 AND adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $1000.00 for the emergency removal of DV03A2510 located in pine Channel, off Big pine Key. RESOLUTION NO. 023-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Ace Building Maintenance to provide janitorial service at the Key West International Airport on weekends and holidays, in the amount of $1,625.00 per month for a maximum total of $19,500.00. Board granted approval to replace boating restricted area buoys at Smathers Beach, on the south side of Key West with pilings and signage. Project amount will be under $20,000.00. Board granted approval and authorized execution of a Medicaid Provider Agreement between Monroe County and the Florida Medicaid Program. By becoming a Medicaid Provider of daytime respite services, indigent medicaid recipients may be able to obtain those services and be paid for them by the Florida Medicaid Program. Board adopted the following Resolution amending Resolution No. 018-1998 in order to provide that the funding for the Gustafson, Tilton, Henning & Metzger, P.A., contract for the Transit Greenways Report be paid out of the General Fund. RESOLUTION NO. 024-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the 98/31 Transfer of Funds (Verbal Add-on 1). RESOLUTION NO. 025-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-on 2). RESOLUTION NO. 026-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-on 3). RESOLUTION NO. 027-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-on 4). RESOLUTION NO. 028-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-on 5). RESOLUTION NO. 029-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Verbal Add-on 6). RESOLUTION NO. 030-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-on 7). RESOLUTION NO. 031-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Verbal Add-on 8). RESOLUTION NO. 032-1998 See Res. Book No. 137, which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL 98/32 Board granted approval and authorized execution of an Addendum to Agreement between Monroe county and the Greater Marathon Chamber of Commerce covering the Pirates in Paradise Festival VI on May 1-3, 1998, in an amount not to exceed $12,760.00, FY 98, allocated under the Cultural Umbrella to assign all rights, responsibilities, ownership, interests, legal and verbal contracts for the event to Florida Keys Renaissance Faire, Inc. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Redbone, Inc., covering the Mercury Outboard Slam event allocated under the Fishing Umbrella, in an amount not to exceed $20,000.00 to change the dates of the event to September 11-13, 1998. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Redbone, Inc., covering the Little Palm Island Grand Slam event allocated under the Fishing Umbrella, in an amount not to exceed $6,150.00 to change the dates of the event to September 22-24, 1998. Board granted approval and authorized execution of a Funding Agreement between Monroe County and the Islamorada Junior Sailfish Tournament covering the Islamorada Junior Sailfish Tournament, December 11-13, 1998, in an amount not to exceed $2,000.00, FY 98, Two Penny, allocated un the Fishing Umbrella. Board granted approval of a Monroe County Tourist Development Council Operations Manual revision pertaining to event scoring. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Lyra Productions/America, Inc., covering the Islamorada Jazz & Blues Festival '98 on October 31-November 1, 1998, in the amount of $52,250.00, FY 98, DAC IV, Third Penny. Board granted approval to advertise a Request for Proposal (RFP) for Visitor Information Services. Board approved a TDC Resolution requesting the Board to declare the Key Lime pie as the official dessert of Monroe County and requesting the Board to request that the State declare the Key Lime pie as the official state dessert. CONSENT AGENDA/BULK APPROVALS Board adopted the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director 98/33 in Land Use District Map Boundary Interpretation No. 104 regarding Lot 6, Block 3, Seaside SUbdivision, Key Largo, Monroe County, Florida, approximately mile marker 95. RESOLUTION NO. 033-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval to advertise an Ordinance amending Ordinance No. 008-1994, the Sea Turtle Protection Ordinance, to include revisions that are intended to clarify and standardize the regulations, providing definitions, prohibiting certain activities disruptive to sea turtles, providing special lighting restrictions during nesting season, providing standards for mechanical beach cleaning, providing for prevention of animal predation of sea turtles, providing penalties, providing for conflicting provisions of law, providing for severability in the event of partial invalidity, providing for applicability throughout the unincorporated areas of Monroe County, directing that copies of this Ordinance be filed with the Department of Environmental Protection and the Department of State, providing an effective date and for codification. Board granted approval to reject the bid for Monroe County Growth Management Division's Geographic Information Systems (GIS) hardware and granted approval to re-advertise previous Request for Proposal (RFP) and to re-establish previous review panel. Board adopted the following Resolution APPROVING an exemption from the Nonresidential Permit Allocation System for San Pedro Catholic Church, for property described as Part of Government Lot 6, section 5, Township 63 South, Range 39 East, Plantation Key, Monroe County, Florida, Mile Marker 89.5. RESOLUTION NO. 034-1998 See Res. Book No. 137, which is incorporated herein by reference. GROWTH MANAGEMENT Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and Florida Department of Community Affairs, establishing guidelines for the approval of single family residential building permits to ensure that no separate independent living areas are created which are not in compliance with the Land Development Regulations. 98/34 UPPER KEYS HEALTH CARE TAXING DISTRICT Board granted approval of the recommendation to appoint Penny Mason to the Upper Keys Health Care Taxing District Advisory Board to fill the seat vacated by Michael Lannon. Board granted approval of the recommendation to appoint Luis Garcia to the Upper Keys Health Care Taxing District Advisory Board to fill the seat vacated by Fred Bacher. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval for the Sheriff's Department to remove items for the first quarter of Fiscal Year 98. Said list is incorporated herein by reference. Board granted approval to advertise for a Public Hearing for the purpose of a budget amendment for Fund #101 - Fine and Forfeiture Fund. The budget amendment will be necessary to amend the Sheriff's Budget in order to implement the housing of additional inmates at the jail and increase revenues. Board granted approval of a request for expenditures from the Law Enforcement Trust Fund in the total amount of $24,349.50: $330.00 399.00 396.00 135.00 780.00 162.00 346.00 750.00 5000.00 2100.00 1200.00 620.00 600.00 475.00 4000.00 756.00 1195.00 Sure Fire Ballistic Shield Light. 9 pairs of goggles for SWAT team. 9 pairs BDU jackets and trousers for SWAT team. 18 T-shirts with law enforcement identification for SWAT team. Helmet suspension systems. Lithium batteries for SWAT equipment. 9 Safari land 3004 Special Ops holsters for SWAT team. 5 portable Crime Stoppers reward signs. Second contribution to PACE program. Compaq presario notebook computer. Crime Stoppers billboard. Additional funds for Univ. of Fl. Coop. Extension Service. 24 hour stop action video recorder for long-term video surveillance. 3 desktop computers and printers for HIDTA task force. Concealed microphone and radio transmitter. Annual cost of printing "Watch word" Newsletter. Q-System full body bite suit for training K-9 officers. 98/35 4800.00 Industrial rubber flooring tiles in exercise room in main jail. COMMISSIONERS' ITEMS Board adopted the following Resolution directing that the Monroe County Division of Growth Management not require a building permit for the painting of residential structures. RESOLUTION NO. 035-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution expressing their support of a proposed Bill before the 105th Congress of the United States of America concerning the Water Quality Protection Program Phase II. RESOLUTION NO. 036-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval for travel after-the-fact to Tallahassee for Commissioner Douglass to attend the Governor's Ocean Committee meeting scheduled February 2 and 3, 1998. Board approved Commissioner Reich's appointment of Estelle Incociati to the Florida Keys Council for the Handicapped. Ms. Incociati will replace Don Grenade, who term expires February 21, 1998. Board granted approval for Commissioner Douglass to attend the South Florida Community Urban Resources Partnership on February 19, 1998 in Miami. Board granted permission for Commissioner Douglass to sign the Articles of Incorporation and by laws that will formally organize the local component of this federal initiative. COUNTY ADMINISTRATOR Board granted approval of the reappointment of Arnold steinmetz to the Career Service Council. Board granted authority for the County Administrator to develop payroll deduction agreement for retirement plans/deferred compensation plans to be offered to employees as an alternative to PEBSCO. Board granted approval to inform the Florida Communities Trust that the Monroe County School Board will not be 98/36 utilizing a grant for the purchase of property for a new high school. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Leslie Morgan, in the amount of $700.00; Guidance Clinic of the Middle Keys, in the amount of $500.00; Guillermo Marcovici, in the amount of $900.00; WITNESS COORDINATION, Travel and Per Diem, in the amount of $451.01; witness Payroll, in the amount of $396.50; COURT ORDERED ATTORNEY CONFLICT, Carol Cimkowski, in the amount of $1,087.00; Carol Ann Wolf, in the amount of $315.00; Manuel Garcia, in the amount of $4,188.40; Laurie Hall, in the amount of $1,512.50; John P. Rotolo, in the amount of $5,835.00; Charles Milligan, in the amount of $843.75; Maria Betancourt, in the amount of $3,363.75; Allen & Goldman, in the amount of $240.00; Stephen Isherwood, in the amount of $3,228.75; Richard Behr, in the amount of $1,267.50; Gregory Davila, in the amount of $4,747.50; Charles Everett, in the amount of $1,140.00; Jason Smith, in the amount of $3,000.00; Jack Webb, in the amount of $460.50. TRAVEL EXPENSES, Conflict Attorney Travel & Per Diem, in the amount of $3,701.78. COURT REPORTER SERVICES, Fred Jeske, in the amount of $1,280.98; Florida Keys Reporting, in the amount of $3,083.85; vicki Lynn Doty, in the amount of $1,448.75; Amy Landry, in the amount of $702.25; Associated Court Reporters, in the amount of $3,007.00; Joe Troiano, Inc., in the amount of $33.60; Reporting Plus, in the amount of $190.00; Urban Court Reporting, in the amount of $315.00; Gloria Seelig, in the amount of $32.48; Joe Troiano, Inc., in the amount of $33.60. COURT INTERPRETER, Estrella Garcia, in the amount of $375.00; Jiri Dolezal, in the amount of $145.00; Jenine Ouillette, in the amount of $25.00; Jose Menendez, in the amount of $750.00; Thomas Lindsay, in the amount of $25.00; Mayda Maloney, in the amount of $255.00; William Waddell, in the amount of $495.00; JR Alayon-Forte, in the amount of $530.00; Marie C. Penot, in the amount of $30.00; AT&T Language Line, in the amount of $50.00; Grace Krulasik, in the amount of $25.00; Julia Seward, 98/37 in the amount of $30.00. SHERIFF EXTRADITION, Richard d. Roth, in the amount of $950.48. EXPERT WITNESS, Dr. Mambo, in the amount of $250.00; Dr. Michael Gamach, in the amount of $1,375.00; Wardlow Allen, in the amount of $2,400.00. WARRANTS Board approved the following Warrants: GENERAL REVENUE FUND (001), #299463-301091, in the amount of $15,019,316.31 Board approved the County Commission Meeting Minutes of December 10, 1997. COUNTY ATTORNEY Board adopted the following Resolution consenting to a sublease for the placement of air/ground communication equipment at the Florida Highway Patrol Building. RESOLUTION NO. 037-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval to advertise an Ordinance amending Chapter 6 clarifying that contractor's Examining Board is the Board which the County deems to be the local construction regulation board with authority to affect permit pulling privileges; transferring the authority to determine probable cause to Building Official; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance amending Sec. 6-56, Specialty Contractors Paragraph and Sec. 6- 59(11), Monroe County Code; creating the category of Asphalt Sealing and Coating Specialty Contractor; correcting Ordinance No. 056-1997 to require testing for fire alarm, glazing, gunite and sandblasting, low voltage, sign electrician, waterproofing and roof painting; requiring testing for new category; 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 98/38 date. Board declared surplus one Phillips Mobile C-Arm X-ray machine, Inventory Tax 1450-001, Serial No. G-157234, and authorized after-the-fact conveyance of same to Mariner's Hospital for negotiated payment of $1,500.00. Board granted approval and authorized execution of a Reed Travel Group Rebate Form which will result in a refund to the County of $133,649.22 in Tourist Development Council funds. Board granted approval and authorized execution of an Agreement between Monroe County, Marathon Air Services, and Philip Edwards. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed approval to advertise a Request for Proposals for operation of the Key Largo Animal Control. The following individuals addressed the Board: Tom Garrettson, representing the Humane Animal Care coalition; Melody Cassady, Jill Patterson and Rebecca Huba. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner Douglass to reject approval to advertise and negotiate with the only bidder in the first advertisement to run the animal shelter in Upper Keys. Roll call vote was unanimous. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing execution of Change Order #1 between Monroe County and Gonzalez Architects for the Courthouse Annex renovations in the increased amount of $54,800. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. COMMISSIONERS' ITEMS commissioner Harvey discussed the "PILT" (Payment in Lieu of Taxes) payments made to Monroe County, paid by Congress, 98/39 and distributed by the state of Florida. The Board took no official action. MISCELLANEOUS BULK Office of Management and Budget Director, John Carter addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to approve the following: Resolution concerning the Transfer of Funds. COMB Schedule Item Number 1) RESOLUTION NO. 038-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. COMB Schedule Item Number 2) RESOLUTION NO. 039-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. COMB Schedule Item Number 3) RESOLUTION NO. 040-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. COMB Schedule Item Number 4) RESOLUTION NO. 041-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution amending Resolution No. 442-1997. COMB Schedule Item Number 5) RESOLUTION NO. 042-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution amending Resolution No. 443-1997. COMB Schedule Item Number 6) RESOLUTION NO. 043-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 7) RESOLUTION NO. 044-1998 98/40 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 8) RESOLUTION NO. 045-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 9) RESOLUTION NO. 046-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 10) RESOLUTION NO. 047-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 11) RESOLUTION NO. 048-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 12) RESOLUTION NO. 049-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 13) RESOLUTION NO. 050-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 14) RESOLUTION NO. 051-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 15) RESOLUTION NO. 052-1998 See Res. Book No. 137 which is incorporated herein by reference. 98/41 Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 16) RESOLUTION NO. 053-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution amending Resolution No. 474-1997. (OMB Schedule Item Number 17) RESOLUTION NO. 054-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 18) RESOLUTION NO. 055-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 19) RESOLUTION NO. 056-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 20) RESOLUTION NO. 057-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 21) RESOLUTION NO. 058-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 22) RESOLUTION NO. 059-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 23) RESOLUTION NO. 060-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 24) 98/42 RESOLUTION NO. 061-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 25) RESOLUTION NO. 062-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 26) RESOLUTION NO. 063-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 27) RESOLUTION NO. 064-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 28) RESOLUTION NO. 065-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 29) RESOLUTION NO. 066-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 30) RESOLUTION NO. 067-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 31) RESOLUTION NO. 068-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 32) RESOLUTION NO. 070-1998 See Res. Book No. 137 which is incorporated herein by reference. 98/43 Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 33) RESOLUTION NO. 071-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 34) RESOLUTION NO. 072-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 35) RESOLUTION NO. 073-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 36) RESOLUTION NO. 074-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Receipt of URanticipated Funds. (OMB Schedule Item Number 37) RESOLUTION NO. 075-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution rescinding Resolution No. 480-1997. (OMB Schedule Item Number 38) RESOLUTION NO. 076-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution amending Resolution No. 364-1997. (OMB Schedule Item Number 39) RESOLUTION NO. 077-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 40) RESOLUTION NO. 078-1998 See Res. Book No. 137 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 41) 98/44 RESOLUTION NO. 079-1998 See Res. Book No. 137 which is incorporated herein by reference. Roll call vote was unanimous. MISCELLANEOUS BULK Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to reopen the Agenda in order to reconsider Agenda Item D-39 concerning a Resolution amending Resolution No. 019-1998 in order to provide that the funding for the Gustafson, Tilton, Henning & Metzger, P.A. contract for the Transit Greenways report be paid out of the General Fund. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Sec. 13.5-4 Monroe County Code, by the addition of Friendship Park, Garden Cove Park, Harry Harris Park, and Sunset Point Park; Providing the park hours; providing for the operation of lighting the basketball courts and ballfields; Providing for admission fees; Repealing Section 13.5-1; Providing for the prohibition of hitting golf balls; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 005-1998 See Ord. Book No. 46 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of South Ocean Shores Drive, Key Largo Ocean Shores Addition, Key Largo, Florida. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 080-1998 See Res. Book No. 137 which is incorporated herein by reference. COUNTY ATTORNEY The Board discussed adoption of a Resolution amending 98/45 Sec. 14 of the Monroe County Personnel Policies and Procedures Manual by defining Domestic Partner, providing for a procedure to establish and determine the existence or termination of a domestic partnership: Providing for the rights of domestic partners; and Providing that Monroe County will provide the same health benefits to domestic partners as it provides to employees with spouses. The following individuals addressed the Board: Tom Runyan, representing Lambda Democrats of Key West; Mary Belden, Constance Gilbert, representing Key West Now; Meryle Silver, representing Lambda Democrats of Key West; John N. Gish, Jr., representing Integrity/Key West; Peter Bacle and Joe Bell. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution. Roll call vote was taken with the fOllowing results: commissioner Douglass No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. RESOLUTION NO. 081-1998 See Res. Book No. 137 which is incorporated herein by reference. MISCELLANEOUS BULK The Board discussed the agreement with the Upper Keys Youth Club. Brent RObbins, representing the Boys & Girls Club addressed the Board. Motion was made by Mayor London and seconded by Commissioner Douglass to postpone the item to the next Board of County Commissioners' meeting in Marathon scheduled for March, 1998. Clerk of Court, Danny L. Kolhage addressed the Board. Roll call vote was unanimous. MISCELLANEOUS BULK The Board discussed adoption of a Resolution amending Resolution No. 019-1998 in order to provide that the funding for the Gustafson, Tilton, Henning & Metzger, P.A. contract for the Transit Greenways report be paid out of the General Fund. The following individuals addressed the Board: Barry Patterson, Joan Mowery, representing the Gulfstream Shore Homeowners Association; John Madden, Captain Ed Davidson and Eugene Shinkevich, representing the Big Pine civic Association. After discussion, motion was made by Commissioner Douglass and seconded by Commissioner Harvey to adopt the following Resolution. Motion 98/46 carried unanimously. RESOLUTION NO. 082-1998 See Res. Book No. 137 which is incorporated herein by reference. SOLID WASTE MANAGEMENT Solid Waste Director, Clark Lake and Bruce Williams, representing Mid Keys Waste Island Disposal discussed recent storm waste disposal. The Board agreed to waive dumping fees for a reasonable length of time. At the Special meeting scheduled for February 23, 1998 the Board will decide an ending date for the waiver. LAND AUTHORITY (SITTING AS THE COUNTY COMMISSION) Executive Director of the Monroe County Land Authority, Mark Rosch addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval and authorizing execution of a Contract Addendum between Monroe County and the Florida Communities Trust for a land acquisition grant. Motion carried unanimously. DIVISION OF PUBLIC WORKS Public Works Director, Dent pierce gave a report on the Key Largo Community Park. DIVISION OF COMMUNITY SERVICES community Services Director, Peter Horton informed the Board that the Construction Management Department has requested that the dedication of the Adam Arnold Annex be held on Thursday, April 2, 1998 at 10:00 a.m. CONSENT AGENDA / BULK APPROVALS Growth Management Director, Bob Herman addressed the Board. After Board discussion motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of the following: Pursuant to Ordinance No. 016-1992 these documents have been filed by the applicants receiving dwelling unit allocation awards for the quarter ending on October 13, 1997. 98/47 4 PEOPLE DEDICATING 4 LOTS TO MONROE COUNTY Permit # Name on Warranty Deed Leqal 97-1-1421 Thomas D. Burgess Lot 8, Block 52 Port pine Heights 2nd Addition 97-3-1676 Harold E. Fried Lot 4, Block 5 Torch Key Estates, Revised 97-3-1368 Shirley Borg Lot 17, Block 9 Kinercha 97-1-1497 Thomas D. Ryan Carrie S. Ryan Lot 14, Block 20 Eden pines Colony, 3rd. Addition 1 RESTRICTIVE COVENANT FOR CONTIGUOUS LOTS 97-3-1779 Freda S. Wollard Lot 5 & 6, Block 3 High Point 1 AFFORDABLE HOUSING DEED RESTRICTION 97-3-3474 George Wallis Motion carried unanimously. GROWTH MANAGEMENT Ken Williams, Consulting Engineer with CH2MHill introduced Donald F. Roecker, Funding Consultant who gave a presentation to the Board concerning the Funding Proposal for the Marathon Area Wastewater System. Charles Brooks addressed the Board. The Board took no official action. Growth Management Director, Bob Herman, addressed the Board. 98/48 The Board discussed the Special Meeting scheduled for Monday, February 23, 1998 at 11:00 AM at the Marathon Government Center. The purpose of the meeting is a Special Public Hearing for Amendment to Hawk's Cay Major Development Order/Development of Regional Impact. The Board also agreed to hold on February 23, 1998 at 1:30 PM the approval of Amendment 3 to the Contract between Monroe County and CH2MHill for the Marathon Area Wastewater System and discussion of the Funding Proposal. COMMISSIONERS' ITEMS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to reopen the Agenda in order to add an item concerning a presentation by attorney Nick MUlik, Chairman of the Local citizens' Task Force on Wastewater. Motion carried unanimously. The Board discussed approval of a Resolution in support of the concept of establishing a non-transportation toll on u.S. 1 to assist in funding the implementation of the Monroe County Year 2010 Comprehensive Plan Policy 101.2.13 five year work plan. The following individuals addressed the Board: Charles Brooks, Hal Heim, Barry Patterson, Debra Harrison, representing the World wildlife Fund and Eugene Shinkevich, representing the Big pine civic Association. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 083-1998 See Res. Book No. 137 which is incorporated herein by reference. SOUNDING BOARD John O'Daniel discussed the formation of an ethics committee with one or two appointments made by each Commissioner. The Board took no official action. Tim Bricker updated the Board on the community aquatics center project at the Key Largo Community Park. COMMISSIONERS' ITEMS The Board discussed a request from the Rusk Corporation, a non-profit organization which provides meeting facilities for support groups such as Alcoholics Anonymous, to waive minor conditional user fees. County Attorney, James T. Hendrick addressed the Board. The Board took no official action. 98/49 GROWTH MANAGEMENT An update on legal issues was presented by County Attorney, James T. Hendrick. Mr. Hendrick discussed the Burnham; Abbott; Ambrose; Plaza Associates; Hernandez and Bowling cases. Mr. Hendrick discussed Planning & Zoning issues as they relate to the Village of Islamorada. Mr. Hendrick discussed the New Port Largo; Dowsett; Department of community Affairs and the County's Vested Rights/Beneficial Use Provisions Ordinance. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to add to the agenda for the meeting of February 23, 1998 the consideration of a Memorandum of Understanding with the Florida Department of Community Affairs or a discussion of DCA's Final Order concerning the Vested Rights Beneficial Use Ordinance. Motion carried unanimously. Mr. Hendrick discussed the status the 18 Mile Stretch. COUNTY ATTORNEY Mr. Hendrick advised the Board that he would be proceeding with litigation against D&J Enterprises concerning the Marathon Sheriff's Sub-Station roof and that he would be utilizing the firm of Siegfried & Rivera who are specialists in this area. Mr. Hendrick discussed a letter from the Florida Department of Transportation concerning the transfer of streets in Key West. Motion was made by Commissioner Reich and seconded by Commissioner Harvey directing Staff to work with the Department of Transportation towards the consolidation of the state road system in the city of Key West and the removal of county jurisdiction for roads in the City of Key West. Motion carried unanimously. Mr. Hendrick discussed a Resolution designating the County Health Department sanitation inspectors as code inspectors and code enforcement officers for the purpose of enforcing Chapter 15.5, of the Monroe County code regulation of on-site sewage treatment and disposal systems. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to add this item to the Agenda for the meeting of February 23, 1998. Motion carried unanimously. 98/50 COMMISSIONERS' ITEMS Mr. Nick MUlik, Chairman of the Local Citizens' Task Force on Wastewater made a report to the Board c9ncerning the activities of the Task Force. Mr. Herman addressed the Board. No official action was taken. Commissioner Douglass updated the Board on the revisions to the County code designed to eliminate arcane and burdensome regulations. No official action was taken. commissioner Reich discussed a proposed petition for a constitutional amendment concerning the funding for Article V costs. The Clerk addressed the Board. No official action was taken. commissioner Douglass discussed the Governor's Ocean Committee Meeting. COUNTY ADMINISTRATOR Mr. Roberts discussed the fact that there may be need to extend the meetings to two days. One of those meetings would be to receive a report from Acordia, the County'~ Third Party Administrator for group insurance, either in March or April. Mr. Roberts discussed legislative requests and the Department of Defense public hearings concerning missile testing in the Keys. Motion was made by Commissioner Harvey and seconded by Commissioner Douglass to prepare an explanatory document to be disseminated to the public that the Department of Defense has completed its study of the environmental impact 9f proposed missile defense testing and has concluded that there should be no missile launches from the Florida Keys. Motion: carried unanimously. GROWTH MANAGEMENT Department of Community Affairs Planning Manager for the Florida Keys, Ty symroski addressed the Board concerning the consideration of a Memorandum of Understanding between the Department of Community Affairs ad Monroe County!establishing guidelines for the approval of single family residential building permits to ensure that no separate independent living areas are created which are not in compliance with the Land Development Regulations. Said item was bulk approved this morning. 98/51 Mr. Symroski and Growth Management Director, Bob Herman discussed the permitting process as a result of recent storm damage. PUBLIC HEARINGS A Public Hearing was held concerning the adoption of an Ordinance adopting Land Development Regulations to amend the Residential Dwelling Unit Allocation Ordinance (Or Rate of Growth Ordinance (ROGO)) to implement new provisions of the Residential Permit Allocation System in the Monroe County Year 2010 ComDrehensive Plan related to new point categories, the moratorium of new transit dwelling units and administrative relief; revising point criteria under the perseverance point category; establishing a new subarea for Big pine and No Name Keys to accommodate the eight permits per year specified by Policy 103.1.1; allowing for off-site replacement of legal nonconforming excess residential density on eligible parcels; revising the provisions for twenty percent set-aside allocations for affordable housing to assign the housing authority responsibility for determining applicant eligibility and distribution of allocation awards consistent with the distribution of allocation awards consistent with the intent of the residential dwelling unit allocation system; reorganizing, amending and streamlining the existing land development regulations to achieve the stated purposes and intent of the ROGO; and establishing an effective date for this Ordinance to take effect. Planning Director, Timothy McGarry I and Department of Community Affairs Planning Manager for the Florida Keys, Ty Symroski addressed the Board. Motion was made by'Commissioner Reich and seconded by Commissioner Harvey to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 006-1998 See Ord. Book No. 46 which is incorporated herein by reference. Motion was made by Mayor London and seconded by Commissioner Reich to adopt a policy that those people who received a rating high enough to receive an allocation when a cesspit credit is available will not be penalized. Motion carried unanimously. . A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida Department of community Affairs for review and comment proposed changes to the Monroe County Year 2010 ComDrehensive Plan, including amendments to Policy 101.5.4 related to the land dedication, coastal high hazard area, energy conservation and structural integrity point categories of the residential permit allocation system; and , 98/52 Policy 101.2.4 related to the twenty percent set-aside dwelling unit allocations for affordable housing. Mr. McGarry and Mr. Herman addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to amend the Resolution as follows: Page 4 of 6 section 3. Change the words minor positive to major positive at the paragraph which reads: An additional point shall be awarded when a photovoltaic system, sized as above, is used in conjunction with the total elimination of the conventional grid system. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London Yes Motion carried. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Resolution, as amended. Motion carried unanimously. RESOLUTION NO. 084-1998 See Res. Book No. 137 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida Department of Community Affairs for review and comment proposed changes to policies 601.1.7 and 601.1.11 of the Monroe County Year 2010 Comprehensive Plan related to the eligibility for Affordable Housing Incentives and maintaining housing which has received county incentives as affordable. Mr. McGarry addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the fOllowing Resolution. Motion carried unanimously. RESOLUTION NO. 085-1998 See Res. Book No. 137 which is incorporated herein by reference. There being no further business to come before the Board, the meeting was adjourned. 98/53 Danny L. Kolhage Clerk of circuit Court and ex officio Clerk to the Board of County Commissioners ~~c. &V~~ Isabel C. DeSantis, Deputy Clerk