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04/08/1998 Regular 98/92 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, April 8, 1998 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m" on the above date, at the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner Keith Douglass, Commissioner Shirley Freeman, Commissioner Wilhelmina Harvey, Commissioner Mary Kay Reich and Mayor Jack London. Also present were Danny L, Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Stuart Schurr, Assistant County Attorney; James T. Hendrick, County Attorney; James Roberts, County Administrator; County Staff, members of the Press and Radio; and the general public, All stood for the Invocation and Pledge of Allegiance, ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to approve all additions, corrections and deletions, Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for the month of December, 1997, was presented to Mitchell Hall, Facilities Maintenance Department of the Public Works Division. Presentation of the Month Award for the month of January, 1998, was presented to Camile A, Mathews, Sign Technician, Roads and Bridges Department of the Public Works Division. Presentation of a plaque was made to Barbara Larcom, former Library Advisory Board Member in appreciation for her eleven years of service to the Library Advisory Board. Certificates of Appreciation were presented to Allan Bosch and Norma Kula for their service as Acting Library Directors for the past twelve months, 98/93 The Division Safety Award for 1997 was presented to the Growth Management Division. The Mayor's Cup was presented to Monroe County for their victory in the Monroe County vs. the City of Key West Golf Tournament. A Mayor's Proclamation was presented to the Housing Authority of the City of Key West whereas Monroe County recognizes April as Fair Housing and Community Development Month. Employee of the Month Award for the month of February, 1998, was presented to Sharon Durbin, Staff Assistant, Building Department in the Growth Management Division, A Mayor's Proclamation declaring May 5, 1998 as International Midwives Day was presented. A Mayor's Proclamation declaring May 7, 1998 as Monroe County Day of Prayer was presented. BULK APPROVALS Motion was made by Mayor London and seconded by Commissioner Freeman to adopt the following items by unanimous consent: Board granted approval to reject all three (3) proposals received for the solid waste weigh station accounting and reporting system. Board granted approval and authorized execution of an Interlocal Recycling Agreement between Monroe County and the City of Key West for the dispensing of DEP Recycling and Education and Small County Grant Funds to the city. Board granted approval to rescind the Board action of November 12, 1997 to waive Purchasing Policies and Procedures to purchase two (2) used trucks. Board granted approval to purchase two (2) truck tractors at the State Contract Price. Board granted approval and authorized execution of a Modification Agreement between Monroe County and Florida Power & Light Company, for the 1997/1998 Radiological Emergency Preparedness (REP) Agreement, Board granted approval and authorized execution of a 98/94 License Agreement between Monroe County and Omnipoint Communications for the construction and partial use of a new tower facility at the Monroe County Sheriff's Administration Building on Stock Island, Board granted approval to issue a Purchase Order to Xerox Corporation for a 36 month rental of a Xerox 5820 copier. Piggyback on Putnam County Contract. Amount of $156.12 per month including maintenance and all supplies except paper. This copier is to replace old system in Commissioner Harvey's Office. Board adopted the following Resolution concerning the Transfer of Funds (Sch.Item 1). RESOLUTION NO. 131-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.Item 2), RESOLUTION NO. 132-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.Item 3). RESOLUTION NO. 133-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.Item 4). RESOLUTION NO. 134-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.Item 5). RESOLUTION NO. 135-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch,Item 6). RESOLUTION NO. 136-1998 See Res. Book No, 138, which is incorporated herein by reference, Board adopted the following Resolution concerning the Transfer of Funds (Sch.Item 7). 98/95 RESOLUTION NO. 137-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.Item 8). RESOLUTION NO. 138-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 490-1997 (Sch.Item 9). RESOLUTION NO. 139-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.Item 10), RESOLUTION NO. 140-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.Item 11). RESOLUTION NO. 141-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch,Item 12). RESOLUTION NO. 142-1998 See Res. Book No. 138, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.Item 13). RESOLUTION NO. 143-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of a Certificate of Participation between Monroe County and the Florida Department of Community Affairs, Division of Housing and Community Development, identifying the Board as the coordinating unit of government in the DCA FY 98/99 Anti-Drug Abuse Act Formula Grant Program, Board granted approval and authorized execution of an Amendment Agreement between Monroe County and BellSouth Communication Systems, Inc" adding electrical/lighting coverage at no additional cost to the County. This contract would be 98/96 saving the County $534.42 over a two (2) year period. Board granted approval and authorized execution of a SAS EBT Retailer Settlement Authorization Form between Monroe County and Citicorp Services, Inc., which allows the Nutrition Program to accept food stamp benefits from food stamp recipients as donations for meals provided at the congregate and/or home delivered meals. Board granted approval and authorized execution of a Retailer Agreement Electronic Benefits Transfer Program (EBT Only) between Monroe County and Citicorp Services, Inc., to allow Bayshore Manor to accept food stamp benefits from food stamp recipients as donations for meals provided at the facility, Total value of stamps per month are forwarded to G.A. Food Services (vendor for Bayshore Manor meals). Monroe County will receive a monthly credit on food bills based on the stamps, Board granted approval and authorized execution of a Consortium Agreement between Monroe County and Dade County, the City of Miami, the City of Hialeah, and the City of Miami Beach, in reference to job training and education under the State of Florida's Jobs and Education Partnership, Board granted approval and authorized execution of a Preliminary/Letter Contract between Monroe County and the South Florida Employment and Training Consortium for operation of the Summer Youth Employment and Training Program. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund, in the amount of $838.00 for the emergency repair of Channel Markers #8, #11 and #12 off Windley Key AND granted approval and authorized execution of a Contract between Monroe County and Spirit Marine Towing & Assistance for the emergency repairs of Channel Markers #8, #11 and #12 off Windley Key. RESOLUTION NO. 144-1998 See Res. Book No. 138, which is incorporated herein by reference, Board adopted the fOllowing Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $1,750.00 for the emergency replacement of Channel Marker #5 off Coco Plum, Marathon AND granted approval and authorized execution of a Contract between Monroe County and Spirit Marine Towing & Assistance for the replacement of Channel Marker #5 off Coco Plum, Marathon. RESOLUTION NO. 145-1998 See Res. Book No. 138, which is incorporated herein by reference. 98/97 Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $2,295.00 for the removal of DV03A2387, and the emergency removal of DV03A2517 and DV03A2521 AND granted approval and authorized execution of a Contract between Monroe County and Arnold's Towing for the removal of DV03A2387, DV03A2517 and DV03A2521. RESOLUTION NO. 146-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of an Assignment of Lease for hangar space at the Marathon Airport, from Charles pierce to Robert DeField. Board granted approval and authorized execution of a Lease Agreement between Monroe County and the Key West Art & Historical Society for East Martello Towers. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement between Monroe County and the Florida Department of Transportation, Contract No. AF668, to fund Taxiway A overlay at the Marathon Airport. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement, Contract No. AF667, to fund overlay of the taxiway at the Marathon Airport. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement, Contract No. AF 390, to fund rehabilitation of the beacon and tower at the Marathon Airport, Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $7,890.00 for the installation of five channel markers in South Cow Key Channel, off of Key West AND granted approval and authorized execution of a Contract between Monroe County and Spirit Marine Towing & Assistance for the installation of five channel markers in South Cow Key Channel. RESOLUTION NO. 147-1998 See Res, Book No, 138, which is incorporated herein by reference. Board granted approval to advertise a Request for Proposals for an Automatic Teller Machine, in the Key West International Airport Terminal Building. Board granted approval and authorized execution of an Amendment to Funds Agreement between Monroe County and the Monroe 98/98 Council for the Arts Corporation AND adopted the following Resolution concerning the Transfer of Funds to cover costs associated with the Amendment, RESOLUTION NO. 148-1998 See Res. Book No, 138, which is incorporated herein by reference. Board granted approval to re-name 4th Street on Stock Island to Hollerich street. The Postmaster of Key West has approved this request. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Animal Disposal & Private Cremations for mass disposal of animal carcasses, in the amount of $5.92 per carcass/$7.64 per carcass for pigs and goats (increased by 1.6% CPI over last year's rates), deleting service to the Key Largo Animal Shelter on or about April 1, 1998, Board granted approval of Award of Bid and authorized execution of an Agreement between Monroe County and Community Asphalt Corp., for Cudjoe Roads III Roadway Improvements, in the amount of $260,044.50. Board granted approval of Award of Bid and authorized execution of an Agreement between Monroe County and Homestead Concrete and Drainage, Inc" for Key Largo Roads XIII Roadway Improvements, in the amount of $248,874.25. Board granted approval to provide additional services at the Key West International Airport Terminal Renovations by David Volkert & Associates, Inc., as defined in Supplemental Agreement No.3, Article 3.5 "Contingent Additional Services. Board granted approval to proceed with the loading dock and exit door to first floor break room in the amount of $16,580 and to proceed with the purchase and installation of two electronic operation doors by the Facilities Maintenance Department in the amount of $7,167.94 at the Harvey Government Center. Board granted approval to proceed with improvements at Higgs Beach in an amount not to exceed $100,000. Board granted approval to advertise for bids for operation and maintenance of the Plantation Key Government Complex Sewage Treatment Plant, Board grant approval for placement of a plaque at the Higgs Beach Tennis Courts as a tribute to the memory of the late Fred Sellers by the tennis players at beach courts. Cost will be 98/99 paid by vincent Di Preta, Tennis Players at Beach Courts. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Mowrey Elevator Service, Inc" adding inspection and maintenance of the elevator located in the Harvey Government Center at Historic Truman School, increasing the contract amount $85.00 per month for said addition. Board granted approval to advertise for bids for janitorial service at the Harvey Government Center at Historic Truman School (excluding first floor), including the Nutrition site. Board granted approval to rescind an existing lease agreement with Detective Jan McLean who is retiring from the Monroe County Sheriff's Department and granted approval and authorized execution of a one year lease agreement between Monroe County and a deputy to be appointed by the Sheriff to reside at the upper level of the Big pine Operation (Stiglitz House), for an amount of rent and utilities totaling $400.00 per month. Board granted approval to apply for a Library Services Technology Act (LSTA) Grant from the State of Florida. Federal pass-through dollars from the State Library for additional construction funding for the expansion of the Big Pine Key Library. Board granted approval to remove surplus items from inventory and advertise for bids, dispose and accept transfer to the City of Key West. Said list is incorporated herein by reference, Board granted approval to apply for a Library Services Technology Act (LSTA) Grant from the State of Florida, Federal pass-through dollars from the State Library for funding for the second phase of the library automation project. Funding will be available for the second year of the project. Board granted approval of an operator name change from J, Edgar Steigerwald III, to Paradise Aviation, Inc., as stated in Fixed Base Operator Agreement approved by the Board on 3/11/98. Board granted approval to accept reduced trade-in value of $4,000.00 each for two Road Department drill rigs to apply towards purchase of new equipment. 98/100 TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Cultural Event Funding Agreement between Monroe County and the Marathon Sailing Club, Inc., covering the Sombrero Cup Regatta 1998, on November 13-15, 1998, in an amount not to exceed $1,730.00, FY 98, Third Penny allocation. Board granted approval and authorized execution of a Turnkey Funding Agreement between Monroe County and Super Boat International Productions, Inc., covering Key West World Championship Race on November 8-15, 1998 providing that Super Boat International Productions allocates $10,000,00 towards consumer advertising and places one 30 second commercial which the TDC will produce and provide in each of two super boat races televised on national television, and promote the event by voice announcement on four national televised races, in advance of the Key West World Championship, in an amount not to exceed $100,000.00, FY 98, Third Penny DAC I allocation. Board granted approval and authorized execution of a Destination Funding Agreement between Monroe County and the Association for Tourism Development covering Fantasy Fest 98 on October 23 - November 1, 1998, in an amount not to exceed $92,000.00, FY 98, Third Penny DAC I allocation, and $5,000.00 Third Penny DAC II allocation. Board granted approval to advertise a Request for Proposal (RFP) sOliciting bricks and mortar/capital related projects as outlined in F,S, 125,0104 in Key West, Marathon, Islamorada and Key Largo. Board adopted the following Resolution to provide advance registration for trade shows for the Fiscal Year 1999 be paid from Tourist Development Council Funds in Fiscal Year 1998. RESOLUTION NO. 149-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval to rescind the previous approval of a contract with the Key Largo Chamber of Commerce to provide Visitor Information Services and granted approval and authorized execution of a revised Agreement between Monroe County and the Key Largo Chamber of Commerce. Board granted approval to rescind the previous approval of a contract with the Islamorada Chamber of Commerce to provide Visitor Information Services and granted approval and authorized execution of a revised Agreement between Monroe County and the Islamorada Chamber of Commerce. 98/101 Board granted approval to rescind the previous approval of a contract with the Marathon Chamber of Commerce to provide Visitor Information Services and granted approval and authorized execution of a revised Agreement between Monroe County and the Marathon Chamber of Commerce, Board granted approval to rescind the previous approval of a contract with the Lower Keys Chamber of Commerce to provide Visitor Information Services and granted approval and authorized execution of a revised Agreement between Monroe County and the Lower Keys Chamber of Commerce. Board granted approval to rescind the previous approval of a contract with the Greater Key West Chamber of Commerce to provide Visitor Information Services and granted approval and authorized execution of a revised Agreement between Monroe County and the Greater Key West Chamber of Commerce. DIVISION OF PUBLIC SAFETY Board adopted the following Resolution authorizing the Mayor of Monroe County to sign and execute on behalf of Monroe County, an Interlocal Agreement with the Dade County School Board for the use of the TV Translator Towers by WLRN Public Radio. RESOLUTION NO. 150-1998 See Res. Book No. 138, which is incorporated herein by reference. CONSENT AGENDA/BULK APPROVALS Board granted approval for one Affordable Housing Deed Restriction and two transfers of buildable lots to Monroe County by Warranty Deed: One Affordable Housing Deed Restriction Permit Number Name on Aqenda Item Name on Deed Restriction Legal Description 97-1-1642 Thomas/Carrie Ryan Thomas D,/Carrie S. Ryan Lot 1,Blk N/A Summerland Est, Summer land Key Two People Dedicating Two Lots to Monroe County Permit Number Name on Aqenda Item Name on Warranty Deed Legal Description 97-1-1866 Oscar/Marcia Castro 97-1-2896 Jesus & Margarita Monteagudo Oscar R.Castro,Jr. & Marcia Castro Jesus Monteagudo and Margarita Monteagudo 98/102 Lot 4,Sq.5 Kinercha SID Big Pine Key Lot 36,Blk 3 Palma Sola SID Board granted approval of two Affordable Housing Deed Restrictions and two transfers of buildable lots to Monroe County by Warranty Deed: Two Affordable Housing Deed Restrictions Permit Number Name on Aqenda Item 97-1-1387 Mike Langston 97-1-1476 Mike & Monica Discher Name on Deed Restriction Michael Langston Mike & Monica Discher Legal Descrit>tion Lot 46,Blk N/A Sugarloaf Shrs. Sugar loaf Key Lot 24,Blk 17 Jolly Roger Est Little Torch Two People Dedicating Two Lots to Monroe County Permit Number Name on Aqenda Item 97-1-1349 Dan/Kelly Swartz 97-3-2919 George and Marilyn Reyes Name on Warranty Deed Dan Swartz and Kelly Swartz George Reyes and Marilyn Reyes Legal Description Lot 26,Blk 5 Torch Key Est. Little Torch Lot 20,Blk 7 Palma Sola SID MONROE COUNTY JUDICIAL SERVICES Board granted approval and authorized execution of a Sublease Agreement between Monroe County and The Counseling Center, Inc., for office space for drug court counselor assigned to the Upper Keys for six months at $550,00 per month all inclusive with phone. MONROE COUNTY SHERIFF DEPARTMENT 98/103 Board granted approval of the disposition of the following inventory items for the first quarter of FY 97-98: Pro-pertv # K0557 70203 H0778 G0063 02478 04020 12160 12511 13213 13281 15516 18508 20342 24040 H0778 F0294 F0301 L0107 H0777 A1424 H0091 K0058 H0090 Z0898 E0072 Z1043 Z0936 C0268 S0224 Item Description 88 Honda Moped MC unit 669 S#JH2AF1603JK004637 IBM Selectric Typewriter S#6369530 IBM III Typewriter S#3092641 Metal Executive Desk Protective Vest S#024778 Protective Vest S#04020 Protective Vest S#12160 Protective Vest S#12511 Protective Vest S#13213 Protective Vest S#13281 Protective Vest S#15516 Protective Vest S#18508 Protective Vest S#20342 Protective Vest S#2404D Facsimile Machine S#604015 Task II Chair Task II Chair Dell Computer S#ISYC5 Quad Camera S#88330 Quad Camera S#0832106 Quad Camera S#88328 Quad Camera S#901150 Quad Camera S#88327 Dorm A TV S#3SSZ018W Lightbar S#2C06871 Cellular Telephone S#781EQYT4354 Motorola 6-Bank Battery Charger Trible Beam Scale S#34065 1982 Ford School Bus VIN#DNB60H3CVA13143 Recommended Disposition Junk/Cannot Repair Junk/Cannot Repair Junk/Cannot Repair Junk/Cannot Repair Remove/Outdated Remove/Outdated Remove/Outdated Remove/Outdated Remove/Outdated Remove/Outdated Remove/Outdated Remove/Outdated Remove/Outdated Remove/Outdated Junk/Cannot Repair Junk/Cannot Repair Junk/Cannot Repair Junk/Cannot Repair Junk/Expensive to Repair Junk/Expensive to Repair Junk/Expensive to Repair Junk/Expensive to Repair Junk/Expensive to Repair Junk/Expensive to Repair Junk/Cannot Repair Junk/Cannot Repair Junk/Cannot Repair Junk/Cannot Repair Transferred to Dept. of Corrections Board granted approval of a request for expenditures from the Law Enforcement Trust Fund in the total amount of $55,208.25: $ 3,500.00 $17,380.00 $13,019.25 380.00 $ 6,000.00 $ 5,000.00 $ 2,252.50 $ 4,000.00 $ 3,676.50 $ 5,000.00 $ 1,650.00 98/104 Support the Florida Keys Education Foundation's Summer Theatre Festival. Two Speed Alert Automated Speed Measurement Trailers. Frame Relay based networking system. Help defray transport costs for All-County Band. Enhance appearance/educational value of animal farm, Support at-risk female adolescents. Custom display photography for recruiting program, Laptop computer for IMPACT Unit. New and upgraded equipment for fitness center at Detention Center. Annual budget for food supplies/equip. rental for Culinary Arts Program, "Camperships" for 6 Monroe County girls to attend Girl Scout Summer Camp. Board granted approval of two corrections to January 29, 1998 Request for expenditures from the Law Enforcement Trust Fund. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution adopting and approving Monroe County's State Housing Initiative Partnership Local Housing Assistance Plan for Fiscal Years 1998-1999, 1999- 2000, and 2000-2001 and other required approvals. RESOLUTION NO. 151-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval and authorized execution of a Department Initiated Contract Amendment, Contract No. 98DB-1Y-11- 54-01-H04, between Monroe County and the Florida Department of Community Affairs, to comply with revisions to Rule 9b-43.014(6) and (7), F.A,C., adopted on January 29, 1998, COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the late Anna F. Hollerich, 98/105 RESOLUTION NO. 152-1998 See Res. Book No. 138, which is incorporated herein by reference. Board granted approval of a request for the County Commission, in its capacity as the Monroe County Industrial Development Authority, declare the $30,000.00 balance remaining, be declared surplus and be remitted to the County for future use. Board granted approval to appropriate up to $100,000.00 of the Boating Improvement Fund (BIF) to the City of Key West for use in providing pump-out facilities at Key West Bight. Board adopted the following Resolution in support of Senate Bill 1478 and House Bill 3827. RESOLUTION NO. 153-1998 See Res. Book No. 138, which is incorporated herein by reference. COUNTY ADMINISTRATOR Board reviewed quarterly financial documents as prepared by the Office of Management and Budget. Board granted approval to appoint Rev. Robert (Bob) Hetherington and Charles (Steven) Casey to the Health and Human Services Board. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Eneida Gvernica, in the amount of $350.00; Frederick Covan, in the amount of $375.00; Leslie Morgan, in the amount of $1,050.00; Louis O'Connor, in the amount of $300.00; Guillermo Marcovici, in the amount of $2,700.00; The Care Center for Mental Health, in the amount of $1,150.00; James Holbrook, in the amount of $500,00; Deborah Harrison, in the amount of $950.00. EXPERT WITNESS FEES, Lamar Miller, in the amount of $225.00; Wardlow Allen CPA, in the amount of $715.00; Matthew Seibel, in the amount of $200.00; Community Behavioral Sciences, in the amount of $437.50; Joel Charles, in the amount of $1,900,00. WITNESS COORDINATION, Travel and Per Diem, in the amount of 98/106 $5,337.77; Payroll, in the amount of $430.00, COURT ORDERED ATTORNEY CONFLICT, Peary Fowler, in the amount of $525.30; Angel Ruiz, in the amount of $1,897.50; David AUdlin, Jr., in the amount of $825.00; Gregory Davila, in the amount of $982.50; Laurie Hall, in the amount of $427,50; Charles Everett, in the amount of $3,435.00; Carl Palomino, in the amount of $350.00; Carol Cimkowski, in the amount of $570.00; Timothy Nicholas Thomes, in the amount of $350.00; Mark Simms, in the amount of $862.50; Manuel Garcia, in the amount of $3,011.25; Bonnie Helms, in the amount of $350.00; Stephen Isherwood, in the amount of $1,016.25; Jason R. Smith, in the amount of $806.25; Christopher Meyer, in the amount of $1,173.75. TRAVEL EXPENSES, Conflict Attorney Travel & Per Diem, in the amount of $813,79. COURT REPORTER SERVICES, Mudrick witt Levy, in the amount of $826,35; Florida Keys Reporting, in the amount of $1,075.25; Vicki Lynn Doty, in the amount of $1,854.50; Lori Denufs, in the amount of $25,00; Associated Court Reporters, in the amount of $1,872.45; Susan Davis, in the amount of $40.00; Amy Landry, in the amount of $896,25, COURT INTERPRETER, Thomas Lindsay, in the amount of $35.00; Julia Seward, in the amount of $25.00; Estrella Garcia, in the amount of $170.00; Lori Denufs, in the amount of $25.00; Mayda Maloney, in the amount of $340.00; William Waddell, in the amount of $290.00; Jiri Dolezal, in the amount of $85.00; Mary Lou Waas, in the amount of $170.00; Jose Menendez, in the amount of $895.00; JR Alayon Forti, in the amount of $345.00. SHERIFF EXTRADITION, Richard D. Roth, in the amount of $2,205.64. MISCELLANEOUS EXPENSES ALL, state of Florida, in the amount of $412.65. COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), 302721-304643, in the amount of $6,784,552.61 Board approved the County Commission Meeting Minutes of February 11, 1998 and February 23, 1998. 98/107 COUNTY ATTORNEY Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of West Canal Drive, Harbor Shores, Key Largo, Florida, RESOLUTION NO. 154-1998 See Res. Book No, 138, which is incorporated herein by reference. Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of the right-of-way between parcels C & D, Burlington Heights, Key Largo. RESOLUTION NO. 155-1998 See Res, Book No. 138, which is incorporated herein by reference. Board granted approval to advertise an Ordinance relating to appropriation of County Funds; making legislative findings regarding a proposed amendment to the Florida Constitution that would relieve County taxpayers and residents of the burden of paying for the State Court System and shift the burden to the State; directing a transfer of $22,623 from the Reserves in the County General Fund to a Political Committee to support the contemplated Constitutional Amendment; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; and providing an effective date. Board adopted the following Resolution amending section 4(b) of Resolution No. 374-1990 in order to reduce the tank capacity of a Fixed Base Operation (FBO) Fuel Farm to 10,000 gallons; authorized an FBO to, in the alternative utilize a self- contained refueling system; and providing an effective date. RESOLUTION NO. 156-1998 See Res. Book No, 138, which is incorporated herein by reference. Board granted approval of a Memorandum of Understanding between Monroe County and the law firm of Siegfried, Rivera, Lerner, DeLaTorre & Sobel, for litigation against D & J Industries. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting approval and authorizing execution 98/108 of DCA Contractual Services Agreement #98-LM-4H-1554-01-004 which provides funding to Monroe County to develop a local mitigation strategy plan. Motion carried unanimously. Community Services Director Peter Horton and John Richmond addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval and authorizing execution of Amendment to Airport Lease for the Conch Flyer Restaurant, at the Key West International Airport. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held rescinding Ordinance #025- 1997 and adopting an amendment to the Official Land Use District (Zoning) Map requested by David Ethridge for a change from Maritime Industries (MI) to Urban Residential (UR) for property described as part of Government Lot 2, in Section 9, Township 66 South, Range 32 East, Tallahassee Meridian, located at 2111 Overseas Highway, Marathon, Vaca Key, Monroe County, Florida, mile marker 48. The Real Estate Number is 00102520. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to adopt the following Ordinance. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. ORDINANCE NO. 011-1998 See Ord. Book No. 47 which is incorporated herein by reference. A Public Hearing was held rescinding Ordinance #010- 1997 and approving the request filed by Carolyn Voit to amend the Official Land Use District (Zoning) Map from Suburban Residential (SR) to Suburban Commercial (SC) for property located at mile marker 49 and further described as a portion of Sombrero Properties, Boot Key Parcels 10 and lOA, bordering on Boot Key Harbor, Section 10 Township 66 South, Range 32 Est, Vaca Key, Monroe County, Florida, with Real Estate Number Identification Number 0355430-000. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Ordinance, Motion carried unanimously, ORDINANCE NO. 012-1998 98/109 See Ord. Book No. 47 which is incorporated herein by reference. A Public Hearing was held rescinding Ordinance #026- 1997 and adopting an amendment to the Official Land Use (Zoning) map requested by George and Gay Neth for a Change from Improved Subdivision (IS) to Suburban Commercial (SC) for property located at 6350 Overseas Highway and described as Lots 1 and 2, Block 2 of Casa Blanca Subdivision, section 11, Township 66 South, Range 32 East, Tallahassee Meridian, Vaca Key, Monroe County, Florida, Mile Marker 50,4, The Real Estate Number is 336380, There was no public input, Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 013-1998 See Ord. Book No. 47 which is incorporated herein by reference. A Public Hearing was held rescinding Ordinance No, 011- 1997 and approving the request filed by the Monroe County Planning Department to amend the Official Land Use Maps to change the zoning from Improved Subdivision (IS) to Improved SUbdivision-Duplex (IS-D) for property described as Lots 1-13, Key Colony Subdivision #1; All of Lots 3-7, 9-12, 19, 23-42, Key Colony Subdivision #2; All of Lots 7-9, Block 2; All of Lots 2-6 And 9-11, Block 3, Lot 3, Block 4; All of Lots 1-6, Block 5, Key Colony Subdivision #4, section 6, Township 66 South, Range 33 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida, Mile Marker 53.5. Real Estate Identification Numbers are: 00333670 through 00333790, 00334070 through 00334110, 00334130 through 00334160, 00334230, 00334230-000100, 00334340, 00334270 through 00334340, 00334360 through 00334460, 00335070 through 00335100, 00335130, 00335140 -000100, 00335150, 00335160, 00335170, 00335200, 00225210, 00335220, 00335260, AND 00335300 through 00335350. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 014-1998 See Ord. Book No, 47 which is incorporated herein by reference. A Public Hearing was held rescinding Ordinance #006- 1997 and approving the request filed by Monroe County Planning Department to change the Official Land Use District (Zoning) Map from Suburban Residential (SR) to Improved Subdivision (IS) for property described as Block 4, Lots 1-6 and Block 5, Lots 1-6 and 10, Harbor Shores Subdivision located at mile marker 99 in Section 32, Township 61 South, Range 39 East and having the Real Estate Identification Numbers 00522000, 00522010, 00522020, 00522030, 00522040, 00522050, 00522060, 00522070, 00522080, 00522090, 00522100, 00522110 AND 00522150. There was no public 98/110 input. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Ordinance, ORDINANCE NO. 015-1998 See Ord. Book No, 47 which is incorporated herein by reference. A Public Hearing was held rescinding Ordinance #007- 1997 and approving the request filed by Jean Lopresti and Angela Reynolds to amend the Official Land Use District (Zoning) Map from Suburban Residential (SR) to Improved Subdivision (IS) for property located at mile marker 99.5 and further described as Block 5, Lots 1 and 2, Block 14, Lots 1 and 2, Key Largo Ocean Shores Addition, Section 32, Township 61 South, Range 39 East, with Real Estate Identification Numbers 00498820, 00498830, 00500670 and 00500680. These properties lie in section 32, Township 61 South, Range 39 East. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 016-1998 See Ord. Book No. 47 which is incorporated herein by reference. A Public Hearing was held rescinding Ordinance #021- 1997 and approving an amendment to the Official Land Use (zoning) map requested by Christina Sutton, Emanuel Micelli, Robert Petri, and John & Ethel Marsteller (Christina Sutton and Amy Slate Agents) from Urban Residential (UR) to Suburban Commercial (SC) for properties described as part of Lot 1, and all of Lots 2 and 3, Baywood SUbdivision, section 11, Township 61 South, Range 39 East, Tallahassee Meridian, Key Largo, Monroe County, Florida, mile marker 104. The real estate numbers are 00439590, 00439600, 00439600-000100, and 00439610. There was no public input, Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Ordinance, Motion carried unanimously. ORDINANCE NO. 017-1998 See Ord, Book No, 47 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution renouncing nd disclaiming any right of the County and the public in an to a portion of Mango Land a/k/a Chickasaw Street, Eden pine Colony First Addition, Big pine Key, Monroe County, Florida. There was no public input. Motion was made by Commissioner Harvey and seconded by Commissioner Reich. Motion carried unanimously, RESOLUTION NO. 157-1998 See Res. Book No. 138 which is incorporated herein by reference. 98/111 A Public Hearing was held concerning adoption of an Ordinance amending Monroe County Code section 6-31, stating that permits are not required for certain removal of exotic invasive vegetation, for the demolition of certain structures, for certain new construction, and certain home improvements; 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, Growth Management Director, Bob Herman addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 018-1998 See Ord. Book No. 47 which is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Community services Director, Peter Horton discussed with the Board a proposed Resolution concerning Minimum Standards for Commercial Aeronautical Activities by Fixed Base Operators and other Aeronautical Service Providers at Monroe County Airports. The Board took no official action, DIVISION OF PUBLIC WORKS Architect Jose Gonzalez gave an update to the Board for work being performed at the Jackson Square Complex. County Engineer, Dave Koppel addressed the Board. The Board took no official action. COMMISSIONERS' ITEMS The Board discussed the approval to increase the allocation to the Middle Keys Guidance Clinic by $13,000 which serves as the Community Transportation Coordinator for Monroe County. Dr. David Rice, Ph,d; County Administrator, James Roberts; and Assistant County Attorney Stuart Schurr addressed the Board. The Board discussed a memorandum dated April 6, 1998, from Louis LaTorre, Director of Social Services. After Board discussion, motion was made by Commissioner Harvey and seconded by Commissioner Reich to postpone the item. Roll call vote was taken with the following results: Commissioner Douglass No Commissioner Freeman Yes Commissioner Harvey Yes 98/112 commissioner Reich Yes Mayor London Yes Motion carried, Community Services Director, Peter Horton and Chairman of the Monroe County Tourist Development Council, Michael Ingram updated the Board on the Marathon Airport Marketing Committee. After Board discussion, motion was made by Commissioner Douglass and seconded by Commissioner Reich to adopt the following Resolution concerning the designation of Key West and Marathon as dual destination airports, Roll call vote was unanimous. RESOLUTION NO. 158-1998 See Res. Book No. 138 which is incorporated herein by reference. SOUNDING BOARD H, T. Pont in addressed the Board regarding channel markers. County Attorney, James T, Hendrick and Growth Management Director, Bob Herman also addressed the Board. The Board took no official action, Bill Barry, representing the Greater Key West Chamber of Commerce; Matt Babich and Kim Works addressed the Board concerning the recent decision by the Commission to deny funding in the future for County employees to participate in the community education "Leadership Monroe County" program. The item was referred to the County Administrator. Mrs, Doris Muller addressed the Board concerning the noise problem at The Sandbar Restaurant, now known as Kenny's Cafe located on Barry Avenue, Little Torch Key. Jim McCrae and Royal Newman representing the Sand Bar; County Attorney, James T. Hendrick; and Community Services Director, Peter Horton also addressed the Board. The Board took no official action. Johnny O'Daniel addressed the Board concerning a referendum for the incorporation of Key Largo. The Board took no official action. COMMISSIONERS' ITEMS Commissioner Freeman reviewed with the Board a letter submitted to General Lester Lyles regarding the serious deficiencies in the Draft Supplemental Environmental Impact Statement for the Eglin Gulf Test Range. The Board took no official action, 98/113 DIVISION OF PUBLIC WORKS Public Works Director, Dent Pierce; Attorney Robert T. Feldman, representing John Dedek; and County Attorney, James T. Hendrick, addressed the Board concerning the Lease Agreement with John Dedek for the concession/restaurant at Higgs Beach. After Board discussion, motion was made by Mayor London and seconded by Commissioner Freeman to continue Mr. Dedek's lease of $1648/per month (on a month-to-month basis) and go out for bid. Roll call vote was unanimous. DIVISION OF COMMUNITY SERVICES Community services Director, Peter Horton gave the Board an update on the status of the Dodge Lake Enterprises issue. Attorney Nick Mulik, representing Dodge Lake; County Attorney, James T, Hendrick; and Growth Management Director, Bob Herman addressed the Board. The Board took no official action. GROWTH MANAGEMENT Attorney Ralf Brookes of the law firm of Morgan & Brookes updated the Board on the following legal issues: O'Daniel-Hill-Dowsett; Burnham; Ambrose-Abbott, Bowling; Hernandez/McDonald's at Key Largo Shopping Center; Plaza Associates; Shaddik; New Port Largo; Roy Smith; Tropic Leisure; Hard Conch Cafe'; and the Sun Cruise Casino boat case. Mr. Brookes discussed the Vacation Rental Ordinance and the Department of Community Affairs' approval of the Ordinance being consistent with the Principles for Guide and Development which is scheduled for hearing April 20-23, 1998, at the Marathon Courthouse in Courtroom "B". County Attorney, James T, Hendrick also discussed the Tropic Leisure case located within the Village of Islamorada and updated the Board on the Village Councils' meeting that he and other individuals attended. COMMISSIONERS' ITEMS Growth Management Director, Bob Herman and Mr. Hendrick discussed with the Board the commercial moratorium. Mr, Herman stated that Consultant Ken Kreveling has been hired to develop a study pertaining to commercial building. The Board took no official action. 98/114 MISCELLANEOUS Attorney Nick Mulik, Chairperson of the Local citizens Task Force on Wastewater addressed the Board concerning a Resolution of the Local citizens Task Force on Wastewater recommending that the BOCC should consider making a recommendation to Representative Debbie Horan to modify the proposed FKAA Legislation (HB4349) to require that the FKAA Board become an elected board, No official action was taken. COUNTY ATTORNEY Mr. Hendrick addressed the Board, Motion was made by Mayor London and seconded by Commissioner Harvey to approve the following: Resolution evidencing the Board's approval, subject to certain specified revisions, of a Recommended Order of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, In Re: The application of Andrew P. Andrushko (Tropic Development, Inc.) RESOLUTION NO. 159-1998 See Res. Book No. 138 which is incorporated herein by reference. Resolution evidencing the Board's approval, subject to certain specified revisions, of a Recommended Order of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, In Re: The application of Cardinal Investment Company, Inc. RESOLUTION NO. 160-1998 See Res. Book No. 138 which is incorporated herein by reference. Resolution evidencing the Board's approval, subject to certain specified revisions, of a Recommended Order of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, In Re: The application of American Hardboard Nu Ply Corporation. RESOLUTION NO. 161-1998 See Res. Book No. 138 which is incorporated herein by reference. Resolution evidencing the Board's approval, subject to certain specified revisions, of a Recommended Order of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, In Re: The application of Jaqualine M. Hamlin; and granted approval to execute an Order Remanding to the Hearing 98/115 Officer In Re: Jacqualine M, Andrade-Hamlin 98751 Overseas Highway, Key Largo, FL. RESOLUTION NO. 162-1998 See Res. Book No, 138 which is incorporated herein by reference. Resolution evidencing the Board's approval, subject to certain specified revisions, of a Recommended Order of Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, In Re: The application of Driscoll Properties, Inc.; subject to further refinement at the Key Largo meeting to reflect 20 units clustered, RESOLUTION NO. 163-1998 See Res. Book No. 138 which is incorporated herein by reference. Roll call vote was unanimous. COMMISSIONERS' ITEMS The Board discussed funds being held for the kapok trees at The Harvey Government Center at Historic Truman School. Mr. Hendrick and County Clerk Danny L. Kolhage addressed the Board. No official action was taken. Commissioner Freeman discussed lights at the Harvey Government Center at Historic Truman School. This matter was referred to Staff. GROWTH MANAGEMENT Ken Williams, Consulting Engineer with CH2MHill updated the Board on the Monroe County Sanitary Wastewater Master Plan. Growth Management Director, Bob Herman, addressed the Board. Mr. Herman discussed his recent trip to Washington to secure $52 million for wastewater funding. Bill Smith, President of the Florida Keys Contractors' Association addressed the Board concerning the cesspit replacement program, DIVISION OF MANAGEMENT SERVICES The Board accepted Monroe County's Safety Program and Discussion Trends as presented in the document. 98/116 COUNTY ADMINISTRATOR County Administrator, James Roberts reported to the Board on the progress of the Navy Commissary building and that it will be conveyed to the County at no cost. Mr, Roberts discussed the bomb incident at the Long Key Recycling Center, Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval in concept of a $5000 reward leading to the arrest of the individual or individuals responsible. The Administrator will bring back details to the Board, Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned, Danny L, Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners ~Q. Uv~~ Isabel C. DeSantis, Deputy Clerk