05/12/1999 Regular
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99/154
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, May 12, 1999
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
commissioner Shirley Freeman, commissioner George Neugent,
Commissioner Mary Kay ReiCh, Commissioner Nora Williams and Mayor
Wilhelmina Harvey. Also present were Danny L. Kolhage, Clerkj
Isabel C. DeSantis, Deputy Clerkj James T. Hendrick, County
AttorneYj James Roberts, County Administratorj County Staff,
members of the press and radioj and the general public.
All stood for the Invocation and Pledge of Allegiance.
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ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Freeman and seconded by
Commissioner Williams granting approval of Additions, Corrections
and Deletions to the Agenda. Roll call vote was taken with the
following results:
commissioner Freeman Yes
Commissioner Neugent Yes
Commissioner Reich No
Commissioner Williams Yes
Mayor Harvey Yes
Motion carried.
PRESENTATION OF AWARDS
Presentation of Mayor'S Proclamation proclaiming May
16-22, 1999 as Emergency Medical Services Week.
Presentation of Mayor'S Proclamation proclaiming the
month of May, 1999 as Foster Parent Month.
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Presentation of Mayor'S Proclamation proclaiming the
month of May, 1999 as Teenage Pregnancy Prevention Awareness
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Month.
Presentation of Mayor's Proclamation proclaiming May
28-31, 1999 as Poppy Drive Week.
Presentation of an Award to Publix Grocery of Key Largo
and the Florida Keys Council for People with Disabilities
Chairman Charles Ingraham. This award recognizes the efforts of
publix in assisting and hiring the physically disabled of Monroe
County.
Presentation of Years of Service Award presented to
Norma Kula, Library Administrator, Monroe County Public Library,
Community services Division.
BULK APPROVALS
Motion was made by Commissioner williams and seconded
by Commissioner Neugent granting approval of the following items
by unanimous consent:
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Board granted approval and authorized execution of an
Issuance of certificate of Public Convenience and Necessity to
Ocean Reef Volunteer Fire Department, Inc., d/b/a Ocean Reef
Public Safety Department, for the operation of an ALS Transport
Ambulance Service.
Board granted approval and authorized execution of
Modification #3 to Fl. Dept. of Community Affairs Agreement 98-
LM-4H-1554-01-044 extending the due date of the 3rd and 4th
period deliverables to August 31, 1999 and October 31, 1999,
respectively.
Board granted approval and authorized execution of a
Wasteworks Software License and Maintenance Agreement between
Monroe County and Carolina Software, Inc., to complete the
purchase of software and hardware for the Solid Waste Management
Billing Office and Transfer stations.
Board granted approval and authorized execution of a
Renewal Agreement between Monroe County and the Monroe County
Health Department for Small Quantity Hazardous Waste Assessment,
Notification and Verification.
Board accepted the monthly report on Change Orders
reviewed by the County Administrator.
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Board granted approval for PSI, Inc., to perform
Testing and Inspection services at the Jackson Square, Old
Courthouse Renovation Project.
Board granted approval to advertise for bids for repairs to
Boca Chica Road at Geiger Key Bridge.
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Board granted approval to advertise for bids for
janitorial service at the Harvey Government Center located
Historic Truman School (excluding Tax Collector Section on
floor) including the Nutrition site.
at
1st
Board granted approval and authorized execution of a
Renewal Agreement between Monroe County and Ecosystemactics,
Inc., for the operation and maintenance of the Plantation Key
Government Complex Sewage Treatment Plant, increasing the
contract amount 1.7% (CPI).
Board granted approval and authorized execution of a
Residential Lease for Law Enforcement Officer between Monroe
County and Deputy George Rosemeyer to reside in one side of the
duplex located on the Marr property, for an amount of rent and
utilities totaling $400.00 per month.
Board granted approval and authorized execution of a
Contract (Letter of Engagement) between Monroe County and KPMG
Peat Marwick to update the Fiscal Year 2000 Full Cost Allocation
Plan and the OMB A-87 Cost Allocation Plan.
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Board adopted the following Resolution amending
Resolution No. 073-1999 (Sch. Item 1).
RESOLUTION NO. 184-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 2).
RESOLUTION NO. 185-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the fOllowing Resolution concerning the
Transfer of Funds (Sch. Item 3).
RESOLUTION NO. 186-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item 4).
RESOLUTION NO. 187-1999
See Res. Book No. 142, which is incorporated herein by reference.
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Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 5).
RESOLUTION NO. 188-1999
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See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 6).
RESOLUTION NO. 189-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 7).
RESOLUTION NO. 190-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 8).
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RESOLUTION NO. 191-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item 9).
RESOLUTION NO. 192-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item 10).
RESOLUTION NO. 193-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 11).
RESOLUTION NO. 194-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item 12).
RESOLUTION NO. 195-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 13).
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RESOLUTION NO. 196-1999
See Res. Book No. 142, which is incorporated herein by reference.
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Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 14).
RESOLUTION NO. 197-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Support Service Agreement between Monroe County and Anixter, in
the amount of $7,500.00.
Board granted approval and authorized execution of a
Referral Agreement between Monroe County and the Visiting Nurse
Association of the Florida Keys, effective 1/1/99 through
12/31/99.
Board granted approval and authorized execution of
Amendment 001 to 1998-99 Community Care for the Elderly Contract
between Monroe County and the Alliance for Aging, Inc., amending
Contract KG-851E.
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Board granted approval to submit a proposal to apply
for funding under the Older Americans Act Grant for Fiscal Year
2000 that will result in the execution of a contract in the
amount of $560,413.00. This is including $94,600.00 in matching
funds from the County.
Board granted approval and authorized execution of a
Referral Agreement between Monroe County and Marathon Adult Day
Center, effective 6/30/1999 through 6/30/2000.
Board granted approval to accept a grant from Florida
Keys National Marine Sanctuary to continue lobster monitoring in
marine reserve.
Board granted approval and authorized execution of an
Agreement between Monroe County and William Fitch, a local
lobster fisherman.
Board granted approval and authorized execution of a
Joint Participation Agreement between Monroe County and the
Florida Department of Transportation, to fund the General
Aviation Parking Apron Project at the Marathon Airport.
Board granted approval and authorized execution of a
Contract between Monroe County and Aquatic Vegetation Control,
Inc., for exotic plant control at the Key West International
Airport and Marathon Airport.
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Board granted approval and authorized execution of a
Contract between Monroe County and JACO Electric to construct
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Taxiway Airfield Lighting at the Marathon Airport.
Board granted approval and authorized execution of a
Purchase/Service Order, #98/99-08, between Monroe County and URS
Greiner Woodward Clyde, for design, bidding, and construction
phase services for the Marathon Airport Beacon & Tower
Rehabilitation Project.
Board granted approval and authorized execution of a
Purchase/Service Order, #98/99-09, between Monroe County and URS
Greiner Woodward Clyde, to perform a T-Hangar Feasibility study
for the Key West International Airport.
Board granted approval and authorized execution of
Amendment 002 to Rate Agreement US-951 between Monroe County and
the Alliance for Aging, Inc. This amendment decreases the total
amount of the rate agreement by $223.00 due to reimbursement rate
decrease.
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Board granted approval and authorized execution of
Modification No. 001 to contract #99EA-A9-11-54-01-018 between
Monroe County and the Florida Department of Community Affairs.
TOURIST DEVELOPMENT COUNCIL
Board granted approval of a request to rescind a
funding agreement between Monroe County and The Friends of the
Islamorada Area State Parks, Inc., covering the Indian Key
Festival on October 2nd and 3rd, 1999, in an amount of
$22,500.00, FY 99, Two Penny, allocated under the cultural
umbrella.
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and Hawk's Cay
Resort and Marina to assign all rights and responsibilities of
the 2nd Annual IGFA Junior Angler Benefit Tournament of September
19-20, 1998, in an amount not to exceed $5,000.00, Two Penny,
allocated under the Fishing Umbrella to Saltwater Flats Fishing
Association.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and Caroline Street
Corridor and Bahama Village Redevelopment Agency, City of Key
West, for turtle pens project, in an amount not to exceed
$31,000.00, DAC 1, FY 99, Third Penny.
-- Board granted approval and authorized execution of
Amendment II to Artificial Reef Preparation and Transport
Agreement between Monroe County and The Legendary Key Largo
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Chamber of Commerce, to state that obligations for the Spiegel
Grove Artificial Reef Preparation and Transport Agreement must be
completed by December 31, 1999 and evidence of insurance must be
provided.
CONSENT AGENDA/BULK APPROVALS
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Director of
Planning in Land Use District Map Boundary Interpretation No.
106, concerning Lots 1-16, Block 2, El Dorado Heights, Key Largo,
Monroe County, Florida, approximately Mile Marker 99.
RESOLUTION NO. 198-1999
See Res. Book No. 142, which is incorporated herein by reference.
Board granted approval of a 60-month lease on a Xerox
DC220SX copier for the Growth Management Administration Office,
at a cost of $332.40 per month, which includes supplies and
maintenance (excluding paper and staples).
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Board granted approval of a 36 month agreement on a
Xerox 5890 copier for the Planning Department (Marathon Office),
at a cost of $1,142 per month, which includes supplies and
maintenance (excluding paper and staples) AND granted approval of
the termination of a current lease agreement on Xerox Model 5388,
Serial Number 3ET004976, with the installation of new equipment.
Board granted approval of a request by Andrew J.
Parker, President of Ankar Merchandising, Inc., for a refund in
the amount of $29,853.95, paid by him on March 18, 1999 for
transportation impact fees for the interior remodeling of a gas
station into a convenience store.
Board granted approval for the transfer of one
buildable lot from Jack E. & Joyce M. Sweeting to Monroe County
by Warranty Deed. The applicants receiving a dwelling unit
allocation award for the year ending July 13, 1999, have filed
the document in accordance with Ordinance No. 16-1992. Permit
No. 98-1-2475. Legal Description Lot 3, Block 5, Pine Key Yacht
Club Estates, Big Pine Key.
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Board granted approval for one covenant restricting
Erich and Marlis Bley to having only one dwelling unit on three
contiguous lots. The applicants receiving a dwelling unit
allocation award for the year ending July 13, 1999, have filed
the document in accordance with Ordinance No. 116-1992. Permit
No. 98-02-1325. Legal Description is Lots 6, 7 & 8, Block 6,
Center Island, Duck Key.
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Board granted approval for the transfer of one
buildable lot from Timothy J. Pack to Monroe County by Warranty
Deed. The applicant receiving a dwelling unit allocation award
for the year ending July 13, 1999, have filed the document in
accordance with Ordinance No. 16-1992. Permit No. 98-1-0900.
Legal Description is Lot 22, Block 2, Kinercha, Big pine Key.
Board granted approval for the transfer of two
buildable lots from Oliver Layfield & Janice J. Long, to Monroe
County by Warranty Deed. The applicants receiving a dwelling
unit allocation award for the year ending July 13, 1999, have
filed the document in accordance with Ordinance No. 16-1992.
Permit No. 97-1-1444. Legal Description is Lots 23 & 24, Block
6, Ramrod Shores, Ramrod Key.
GROWTH MANAGEMENT DIVISION
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Board granted approval and authorized execution of a
Project Agreement between Monroe County and Florida Department of
Environmental Protection (DEP Agreement No. LE-246) to provide
funding for a marine pump-out facility at the Florida Keys Marina
at Marathon.
MONROE COUNTY SHERIFF'S DEPARTMENT
Board granted approval of the disposition of inventory
items for the month of April, 1999. Said list is incorporated
herein by reference.
COMMISSIONERS' ITEMS
Board approved Mayor Harvey's reappointment of Louis
Schwartz to serve on the Human Services Advisory Board. Term to
expire November, 2000.
Board approved Commissioner Neugent's reappointment of
John Rolli to the Human Services Advisory Board. Term to expire
November, 2000.
Board approved Commissioner Williams' appointment of
Patricia H. Schmidt to the Human Services Advisory Board. Term
to expire November, 2002.
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Board granted approval to advertise a proposed
Ordinance establishing emergency vehicle zones on private
property; providing for penalties; providing for enforcement;
providing for severability; providing for the repeal of all
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ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code of Ordinances; and providing for an
effective date.
Board granted approval of the Monroe County Public
Library Policies with the exception of page 3, Section 10-40;
Membership, qualifications and terms for members of the Library
Advisory Board.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
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COURT REPORTER SERVICES, Associated Court Reporter, in
the amount of $532.50; Esquire Deposition, in the amount of
$534.80; Florida Keys Reporting, in the amount of $2,011.75; Fred
Jeske, in the amount of $209.25; O'Brien & Levine, in the amount
of $379.25; Official Reporting, in the amount of $60.00; Susan L.
Davis, in the amount of $88.75; Susan McTaggart, in the amount of
$38.48; Sharon Arnoult, in the amount of $252.50; Vicky Lynn
Doty, in the amount of $641.25.
COURT INTERPRETER, Alex Diaz, in the amount of $410.00;
Augustin S~ De La Mora, in the amount of $564.82; Estrella
Garcia, in the amount of $390.00; Eva Spain, in the amount of
$25.00; Fl. Institute Interpreting, in the amount of $750.00;
Jenine ouillett, in the amount of $35.00; Jiri Dolezal, in the
amount of $145.00; John Trawinski, in the amount of $50.00; Marie
C. Penot, in the amount of $25.00; Mary Lou Waas, in the amount
of $500.00; Mayda Maloney, in the amount of $355.00; Sergio
Alvarez, in the amount of $247.50; William Waddell, in the amount
of $205.00.
OTHER CIRCUIT COURT COSTS, David Burns, in the amount
of $1,405.95; DNA Counselors, in the amount of $2,462.50; Avis
Rent-A-Car, in the amount of $52.46; CES Consulting, in the
amount of $500.00; Richard Wunsch, in the amount of $484.53; All
Star Videotography, in the amount of $250.00; state of Florida,
in the amount of $136.35; McGinnis & Associates, in the amount of
$112.33.
COURT APPOINTED ATTORNEYS FEES, Andrea Margalli, in the
amount of $1,400.00; Charles Milligan, in the amount of $427.50;
Christine Bollong, in the amount of $350.00; Christopher Meyer,
in the amount of $900.00; David AUdlin, in the amount of
$9,923.13; John Rotolo, in the amount of $971.25; Manuel Garcia,
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in the amount of $250.00; Larry Erskine, in the amount of
$1,050.00; Maria Betancourt, in the amount of $3,000.00; Margaret
Broz, in the amount of $1,852.00; Thornton McDaniel, in the
amount of $i,477.50; Meyer & Erskine, in the amount of $350.00;
Michelle Cates, in the amount of $717.15; victoria McFadyen, in
the amount of $1,361.25; Laurie Hall, in the amount of $2,769.45;
Mark Simms, in the amount of $2,500.00; Donald Yates, in the
amount of $1,557.50; Leighton Morse, in the amount of $1,687.50.
EXPERT WITNESS, Kaproth Consulting, in the amount of
$850.00; Fl. Medico Legal Malpractice, in the amount of $375.00.
COMPETENCY EVALUATION, A. Louis O'Connor, in the amount
of $700.00; James Holbrook, in the amount of $800.00; Mary Ann
Dutton, in the amount of $206.25; Thomas Hibberd, in the amount
of $350.00; Guidance Clinic, in the amount of $300.00; Leslie
Morgan, in the amount of $350.00.
WITNESS COORDINATION, witness Travel & Per Diem, in the
amount of $1,859.94; witness Payroll, in the amount of $295.00.
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COUNTY CLERK
Board approved the following Warrants:
GENERAL REVENUE FUND (001), #008527-#010716, in the
amount of $17,961,994.46.
Board officially approved the March 10, 11, and 24,
1999 Board of County Commission Meeting Minutes.
COUNTY ATTORNEY
Board granted approval of a Settlement Agreement in
Mann v. Brooks and Monroe County.
Board granted approval and authorized execution of two
Statutory Deeds from Monroe County to Islamorada, Village of
Islands, for certain roads and rights-of-way lying within
Islamorada.
Board granted approval of the following three members
of the public to the Contractors Examining Board: Virginia
Landwer, Joseph Betrick, Greg Sullivan, and alternate, Frank
Toppino.
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Board granted approval to advertise an Ordinance
amending Section 13.5-5 by the addition of a prohibition against
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commercial use of parks or beach property without a lease or
license from the County; 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
restricting the operation and docking of oversize commercial
vessels to deep port zones; defining oversize commercial vessel,
deep port zone, and residential area; providing liability and
penalties; providing for severability; providing for repeal of
inconsistent provisions; providing for inclusion in the Monroe
County Code; providing an effective date.
Board adopted the following Resolution setting the
date, time and place for a Public Hearing concerning the proposed
abandonment of a portion of Coxon Lane, Cutthroat Harbor Estates,
First Addition, Cudjoe Key, Florida.
RESOLUTION NO. 199-1999
See Res. Book No. 142, which is incorporated herein by reference.
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Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
County Administrator James Roberts addressed the Board.
Motion was made by Commissioner Reich and seconded by
Commissioner Williams granting approval and authorizing execution
of a Contract Agreement between Monroe County and the South
Forida EmplOYment and Training Consortium, Contract No. 2B-99-22-
01, for the summer youth employment and training program. Roll
call vote was taken with the fOllowing results:
Commissioner Freeman Yes
Commissioner Neugent Yes
Commissioner Reich Yes
Commissioner Williams Yes
Mayor Harvey No
Motion carried.
TOURIST DEVELOPMENT COUNCIL
Commissioner Freeman discussed plans to conduct five
-- (5) Public Hearings in the five (5) TDC districts in the month of
June 1999 concerning impacts of tourism with the TDC reporting
back to the BOCC.
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PUBLIC HEARINGS
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 an alley in Tavernier 2
SUbdivision, Tavernier, Florida. There was no public input.
Motion was made by Commissioner williams and seconded by
Commissioner Neugent to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 200-1999
See Res. Book No. 142 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution evidencing the Board's approval of a Recommended
Vested Rights Determination promulgated by the Vested Rights
Hearing Officer. In Re: The application of Jeffrey L. Frye.
There was no public input. Motion was made by Commissioner
Freeman and seconded by Commissioner williams to adopt the
following Resolution. Motion carried unanimously.
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RESOLUTION NO. 201-1999
See Res. Book No. 142 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution transmitting to the Village of Islands a Recommended
Order of Vested Rights which approved the application of Whale
Harbor Inn, Inc. There was no public input. County Attorney
James T. Hendrick addressed the Board. Motion was made by
Commissioner williams and seconded by Commissioner Neugent to
adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 202-1999
See Res. Book No. 142 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution evidencing the Board's approval of a Recommended
Vested Rights Determination promulgated by the Vested Rights
Hearing Officer, In Re: The application of MCF Framing & Trim,
Inc. There was no public input. Motion was made by Commissioner
Freeman and seconded by Commissioner Neugent to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 203-1999
See Res. Book No. 142 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
-- Resolution evidencing the Board's approval of a Recommended
Vested Rights Determination promulgated by the Hearing Officer,
In Re: The application of David Richardson, Trustee and John W.
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Thatcher, Trustee. There was no public input. Motion was made
by Commissioner Freeman and seconded by Commissioner williams to
adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 204-1999
See Res. Book No. 142 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution evidencing the Board's approval Recommended Beneficial
Use Determination promulgated by the Hearing Officer, In Re: The
application of Lamar C. and Eula I. Beavers. There was no public
input. Motion was made by Commissioner Neugent and seconded by
Commissioner Williams to continue the item until the County
Attorney receives input from the Land Authority. Motion carried
unanimously.
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A Public Hearing was held concerning adoption of a
Resolution evidencing the Board's approval of a Recommended
Vested Rights Determination promulgated by the Hearing Officer,
In Re: The application of Terence H. Williams. There was no
public input~ Motion was made by Commissioner Freeman and
seconded by Commissioner Williams to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 205-1999
See Res. Book No. 142 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution evidencing the Board's approval of a Recommended
Vested Rights Determination promulgated by the Hearing Officer,
In Re: The application of George Raymond Parks. George Parks,
Growth Management Director Tim McGarry, and County Attorney James
T. Hendrick addressed the Board. Motion was made by
Commissioner Williams and seconded by Commissioner Freeman to
adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 206-1999
See Res. Book No. 142 which is incorporated herein by reference.
The Board continued discussion of the above item.
Motion was made by Commissioner Williams and seconded by
Commissioner Freeman that at such time as the county planning
department addresses a community plan for Key Largo, priority be
placed on the Ocean Isle Estates Platted Subdivision. Motion
carried unanimously.
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A Public Hearing was held concerning adoption of a
Resolution evidencing the Board's approval of a Recommended
Vested Rights Determination promulgated by the Hearing Officer,
In Re: The application of Patricia A. Saltzman. There was no
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pUblic input. Motion was made by Commissioner Neugent and
seconded by Commissioner williams to continue the item to the
next regularly scheduled Board meeting in Key Largo on August 11,
1999. Motion carried unanimously.
A Public Hearing was held concerning adoption of an
Ordinance amending Ordinance No. 032-1998, section 5(A), Monroe
County Code, in order to exclude the purchase of insurance
policies from the applicability of the Purchasing Ordinance;
amending section 5(C), Monroe County Code, in order to eliminate
the requirement that goods or services with an expected value of
$25,000+ available through an existing contract of another
government agency do not have to go out for bid to determine if a
lower price is available but requiring the Purchasing Director to
inquire of other vendors to determine if a price for the goods or
services below that of the existing contract is available;
amending Ordinance No. 032-1998, section 11, MCC, in order to
provide that the Mayor or Mayor Pro Tem may waive the
requirements of the Monroe County Competitive Bid Ordinance in an
emergency following a natural or man made disaster and clarifying
that the Mayor, Mayor Pro Tem or other County officer may
contract for goods and services with a value of $25,000+ during
an emergency following a natural or man made disaster when
permitted by statute or the terms of a Declara~ion of state or
Local Emergency; 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 Freeman and seconded by Commissioner
williams to adopt the following Ordinance. Motion carried
unanimously.
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ORDINANCE NO. 019-1999
See Ord. Book No. 51 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance prohibiting the discharge of sewage from vessels into
the waters oPthe Florida Keys, within zones specified in this
Ordinance to include Cow Key Channel, Boca Chica Channel,
Newfound Harbor/Pine Channel, Bahia Honda Channel, Boot Key
Harbor, Bonefish Harbor, Bonefish Bay, Cocoplum Bay, Long Key
Bight, Little Basin Area, Windley Harbor Anchorage, Cowpens
Anchorage, Community Harbor, Rock Harbor, Sunset Cove/Buttonwood
Sound, Tarpon Basin, Blackwater Sound, Lake Surprise, and Pumpkin
Key Anchorage; Providing that the owner's or operators of vessels
with marine sanitation devices (MSD) that retain sewage and are
present in these zones for more than fourteen (14) consecutive
days must have the MSD pump out; Providing that the owners or
operators of vessels without such devices that are in these zones
must attach the vessel to shores ide pump-out facilities or berth
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the vessel at a marina with adequate sanitary facilities;
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. The Board accepted pUblic input with the
following individuals addressing the Board: Linda Yorde, Betty
Vail, Capt. Mills, Skip Kruse, H. T Pontin, and Kirby Kay
Scheiman. After Board discussion, motion was made by
Commissioner Freeman and seconded by Commissioner Neugent to
adopt the following Ordinance. Motion carried unanimously.
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ORDINANCE NO. 020-1999
See Ord. Book No. 51 which is incorporated herein by reference.
The first of two Public Hearing were held concerning
adoption of an Ordinance providing for the creation of a Length
of Service Award Plan providing benefits to eligible volunteer
firefighters and emergency medical services volunteers
retroactive to January 1, 1998. 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. Yvonne Harper, and
Public Safety Director Reggie Paros addressed the Board. The
second Public Hearing will be held at the June 9, 1999 BOCC
meeting in Marathon at 10:00 A.M.
Motion was made by Commissioner Freeman and seconded by
Commissioner Neugent to reconsider Agenda item C.9 concerning
adoption of a Resolution evidencing the Board's approval of a
Recommended Vested Rights Determination promulgated by the
Hearing Officer, In Re: The application of Patricia A. Saltzman.
Motion carried unanimously. Motion was made by Commissioner
Freeman and seconded by Commissioner Neugent to continue the
Public Hearing to tomorrow's meeting (5-13-99) at 9:05 A.M.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Commissioner williams discussed with the Board
outstanding Resolution No. 337-1998 adopted by the Board of
County Commissioner's at their Special Meeting held on September
3, 1998, transmitting to the Florida Department of Community
Affairs the request by Ida Welborn to change the Future Land Use
Map of the Monroe County Year 2010 Comprehensive Plan from
Residential Medium (RM) to Mixed Use/Commercial (MC) for property
known as Lots 10 and 11, Resubdivision of Seaside, Section 14,
-- Township 62 South, Range 38 East, Key Largo, Monroe County,
Florida, located at approximately mile marker 94.5. The real
estate numbers are 00491650 and 00491660. Patty Speidel,
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representing the American Legion, County Attorney James T.
Hendrick; Growth Management Director Tim McGarry and Clerk of
Court Danny L. Kolhage addressed the Board. Mr. Kolhage informed
the Board that his office had just received the Resolution and it
had been processed.
GROWTH MANAGEMENT
Motion was made by Commissioner williams and seconded
by Commissioner Reich to continue the consideration of a request
by Keith Hughes for a Flood Variance for property located at 14
Angelfish Cay, Ocean Reef, Key Largo. Motion carried
unanimously.
DIVISION OF COMMUNITY SERVICES
Code Enforcement Director Tom Simmons discussed his
written report to the Board on the enforcement of the Vacation
Rental Ordinance. Capt. MillS, Eugene Shinkevich and Paul Smith
addressed the Board.
GROWTH MANAGEMENT
Comprehensive Planning Manager Kim Ogren discussed with
the Board approval of the recommended team, led by Michael Design
Associates, for the Overseas Heritage Trail Master Plan and
permission for staff to begin contract negotiations with that
team. Marie Kleman, June Helbling, Kenneth C. Bryant, Director
Rails-To-Trails Conservancy, and Michael Design Associates
addressed the Board. Motion was made by Commissioner Freeman and
seconded by Commissioner Neugent granting approval per Staff
recommendation, of the team marked 1 (Michael Design Associates)
by the review committee; directed Staff to negotiate Contract
with that team; and submit proposed Contract for Board approval.
Roll call vote was unanimous.
COMMISSIONERS' ITEMS
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County Engineer Dave Koppel and County Administrator
James Roberts discussed with the Board the ball field lighting at
the Key Largo Community Park. George Bosque, Chris Papy, Dan
Kratish, representing the Monroe County Parks and Recreation
Advisory Board; Fred Nickerson, Antonio Chaljub, representing TJ
Builders; Norman Bray, representing Port Largo Consulting
Engineers; Jerry Koenig and Ann Nickerson, representing Port
Largo Homeowners Association addressed the Board. This matter
99/170
was referred to Staff.
Commissioner Williams discussed with the Board a
modification to the intersection of Card Sound Road and C905 for
hurricane evacuation. Mr. Koppell addressed the Board. After
discussion, motion was made by Commissioner Williams and seconded
by Commissioner Freeman directing to staff to communicate with
the appropriate agencies to pursue a 30 MPH allowable speed at
the intersection of C905 and Card Sound Road. RQll call vote was
unanimous.
commissioner Neugent discussed with the Board the
potential crisis concerning the shortage of pre-school child care
in the Lower Keys. DeWayne Kemp, Betty Vail, Sandi Kloza, owner
of Banana Cabana Academy; and Capt. Mills addressed the Board.
Growth Management Director Tim McGarry and County Attorney James
T. Hendrick also addressed the Board. After discussion, motion
was made by Commissioner Freeman and seconded by Commissioner
Williams directing Staff to accept applications for exemptions
from non-profit agencies having a leasehold interest in real
property who meet the criteria for the exemption in regards to
policy 101.3.4. Roll call vote was unanimous.
The Board discussed the membership and responsibilities
of a Blue Ribbon Committee on affordable housing and develop any
recommendations the Board deems appropriate. The Board discussed
composition of the committee and appointments by each
Commissioner. This item was referred to the Town Hall Meeting
scheduled for May 27, 1999, 6:00 P.M., Marathon Government
Center.
Mayor Harvey discussed with the Board Venture Out at
Cudjoe Cay, Inc. Florida's request for approval to replace RV's
since Hurricane Georges' completely destroyed over 100 of their
RV homes and mobile homes. Attorney Buck DeVane, Attorney
Franklin D. Greenman, Armand P. Boissolle, Robert Kilmoyer and
Thomas McGregor addressed the Board. Growth Management Director
Tim McGarry; County Attorney James T. Hendrick, and Assistant
County Attorney Garth Collar also addressed the Board. This item
was referred to Staff.
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Mayor Harvey discussed with the Board conducting a
survey on the widening of the 18 Mile Stretch. Betty Vail,
Eugene Shinkevich, Steve Gibbs, County Attorney James T. Hendrick
and Supervisor of Elections Harry Sawyer addressed the Board.
After discussion, motion was made by Mayor Harvey and seconded by
Commissioner Reich to conduct a survey on the widening of the 18
mile stretch with direction to Staff to work with the Supervisor
of Elections and come back to the Board. Roll call vote was
taken with the following results:
99/171
commissioner Freeman No
Commissioner Neugent No
Commissioner Reich No
Commissioner williams No
Mayor Harvey Yes
Motion failed.
commissioner Reich and Commissioner Neugent excused
themselves from the meeting.
Motion was made by Commissioner Freeman and seconded by
Commissioner williams to continue the remaining Agenda items to
tomorrow's meeting, (05-13-99) except for the Public Hearings:
C.9 - Adoption of a Resolution evidencing the
Board's approval of a Recommended Vested Rights Determination
promulgated by the Hearing Officer, In Re: The application of
Patricia A. Saltzman.
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G.2 - Approval of award of bid to Rovel
Construction for reconstruction of the roof of a 4-bay hangar at
the Marathon Airport, and approval for the Mayor to execute
contract, upon review by the County
I.1 -
Division of Public Safety report.
Division of Public Works report.
H.1 -
J.4 - Approval of a Joint Participation Agreement
(JPA) to fund and implement a Habitat Conservation Plan (HCP) for
Big pine and No Name Keys.
J.8 - Approval for an Affordable Housing Deed
Restriction submitted by James T. Johnson. The applicant
receiving a dwelling unit allocation award for the year ending
July 13, 1999, has filed the document in accordance with
Ordinance No. 16-1992.
J.9 - Approval for an Affordable Housing Deed
Restriction submitted by Phil Embry and one Restrictive Covenant
from Tillman & Patricia Wood to have one dwelling unit on four
contiguous lots. The applicants receiving dwelling unit
allocation awards for the year ending July 13, 1999, have filed
the documents in accordance with Ordinance No. 16-1992.
K.1a - Growth Management report - Update on Rule
Change for Comprehensive Plan.
K.2 Update on legal issues - James T. Hendrick,
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99/172
Esq.
K.6 Consideration for alternative programs for
utilizing up to $1.2 million in grant and County finds to finance
cesspit replacement between now and July 13, 2000 (end of ROGO
year).
L.1 Division of Management Services report.
N.1 Approval from the BOCC to pay for six (6) 24"
wreaths for the Harvey Government Center.
N.3
translator.
Reopen discussion on issues concerning the
N.8 Discussion on the release of permits for the
removal of illegal downstairs enclosures.
N.13 - Approval of the BOCC to waive permit fees for
demolition to various unsafe structures in the Lincoln Manor and
Marathon Beach areas.
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O.la - County Administrator report - Public notice
of first "Town Meeting" concerning Growth Management issues; May
27, 1999, 6:00 P.M., Marathon Government Center.
O.lb - Public notice of Special BOCC meeting
concerning major budget issues; May 24, 1999, 9:000 A.M., The
Harvey Government Center at Historic Truman School.
0.2 Review of financial documents as prepared by
the Office of Management and Budget.
P.1
County Clerk report.
County Attorney report.
Q.1
R.2 Public Hearing for BOCC approval of Workers'
Compensation settlement in the amount of $122,734.23, inclusive
of attorney's fees.
S.l Approval of a Resolution assigning the Code
Enforcement Department to the Decision of Growth Management.
Motion carried unanimously, with commissioner Reich and
Commissioner Neugent not present.
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commissioner Reich and Commissioner Neugent returned to
the meeting.
99/173
PUBLIC HEARINGS
The first of two Public Hearings were held concerning
adoption of an Ordinance amending Article VII Division 16 of the
Monroe County Land Development Regulations, sections 9.5-232
through 9.5-253, Permitted Uses; and section 9.5-434, to
establish regulations and standards for the zoning and management
of wireless communications facilities within unincorporated
Monroe County; Providing for severability; Providing for conflict
with other Code provisions; and providing an effective date.
After discussion, motion was made by Commissioner williams and
seconded by Commissioner Freeman directing staff to prepare a
revised draft Ordinance to be circulated to the speakers and the
public, to continue with said Public Hearing to June 9 and 10,
1999 in Marathon, exempting the hearing from the Board's policy
concerning hearing land use matters in Key West. Monroe County
Comprehensive Planner Chad Meadows addressed the Board.
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The Board then accepted public input for the above
hearing with the following individuals addressing the Board:
Attorney David Paul Horan, representing Industrial Communications
and private interests; Mark Baker, James Spesiak, representing
Telecom Systems; Doug La Rue, representing WKLG and STAR 102.1
FM; David W. Freeman, representing Freeman Properties WKLG;
Jacques Combeau, representing WKIZ-1500 AM Radio; David Harris
and Richard Banks, representing Clear Channel Broadcasting; Lynda
Yorde, Janice Drewing and Sandra Walters, representing Industrial
Communications & Electronics; Jim Mosser, representing State Law
Enforcement Communications of Florida; Soraya Hevia Kasper,
representing Nextel Communications; and Eddie Bie, representing
Sounds of Service Radio, Inc. County Administrator James Roberts
also addressed the Board. Roll call vote was unanimous.
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A Public Hearing was held concerning approval of a
Worker's Compensation settlement in the amount of $122,734.23,
inclusive of attorney's fees. Motion was made by Commissioner
Reich and seconded by Mayor Harvey to continue the Public Hearing
to tomorrow's meeting (5-13-99). Motion carried unanimously.
A Public Hearing was held concerning adoption of an
Ordinance amending Section 6.3-1, Monroe County Code, in order
move the Code Enforcement Department from the Community Services
Division of County government and authorizing the Board of County
Commissioners to assign the Code Enforcement Department to the
Division of County government that the Board determines is
appropriate; 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 Williams and seconded by Commissioner
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99/174
Neugent to adopt the following Ordinance.
unanimous.
Roll call vote was
ORDINANCE NO. 021-1999
See Ord. Book No. 51 which is incorporated herein by reference.
Motion was made by Commissioner williams and seconded
by Commissioner Neugent to adjourn the meeting. Motion carried
unanimously.
Clerk to the Board of County
Commissioners of Monroe County
~o.L.J- c.. ~0~
Isabel C. DeSantis~
Deputy Clerk
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