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09/09/1998 Regular .- 98/263 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, September 9, 1998 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Marathon Government Center. Present and answering to roll call were 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; 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 Douglass and seconded by Commissioner Harvey to approve all additions, corrections and deletions. Motion carried unanimously. PRESENTATION OF AWARDS Proclamation was presented to the Zonta Club of Marathon proclaiming September 1998 as "Literacy Awareness Month" in Monroe County. Proclamation was presented proclaiming the week of September 20 through September 26, 1998 as "Deaf Awareness Week" in Monroe County. Presentation of Co-Employee of the Month Award for July, 1998, to Byron (Bill) Merwin, Building Maintenance Specialist, Correction Facilities, Public Works Division. -- Presentation of Co-Employee of the Month Award for July, 1998, to George Kerley, Communications Supervisor, Emergency Communications Department, Division of Public Safety. Presentation of Years of Service Award to William (Bill) Kelly, Building Maintenance Administrator, Facilities Maintenance Department, Public Works Division. .- 98/264 Presentation of Years of Service Award to Deborah Lipsky, Administrative Assistant, Code Enforcement Department, Community Services Division. Presentation of Years of Service Award presented to Mary Knight, Library Assistant, Library Services, Community Services Division. Presentation of Years of Service Award to Wayne Fletcher, Senior Technician, Pollution Control, Solid Waste Management. Presentation by McGruff, the Sheriff's Mascott, and representatives of the Sheriff's Department declaring the month of October 1998 as Crime Prevention Month. BULK APPROVALS - Motion was made by Mayor London and seconded by Commissioner Douglass granting approval of the following items by unanimous consent: Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Department of Environmental Protection for the acceptance of recycling and education grant funds. RESOLUTION NO. 343-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of litter control and prevention grant funds. RESOLUTION NO. 344-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of waste tire grant funds. RESOLUTION NO. 345-1998 See Res. Book No. 139, which is incorporated herein by reference. - Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of Small County Solid ~ 98/265 Waste Grant Funds. RESOLUTION NO. 346-1998 See Res. Book No. 139, which is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to the Key Largo Animal Control Agreement between Monroe County and Humane Animal Care Coalition, Inc., to own its own cat/raccoon traps for rental to the public. Board granted approval to purchase MP2 software from Statstream Systems, Inc., under GSA Contract #GS-34F-4357G, in an amount not to exceed $55,000 for the purchase of software, including installation and training, and updates for one year, to provide new work order systems for the Roads & Bridges and Facilities Maintenance Departments, replacing work order systems currently being utilized under the AS400 system AND granted approval and authorized execution of a License Agreement between Monroe County and Datastream Systems, Inc. ~ Board granted approval to advertise for bids for janitorial service at the Public Service Building. Board granted approval to re-advertise for bids for complete elevator inspection and maintenance contract for twenty (20) elevators located in county buildings. Board granted approval for Exclusive Sports Marketing to close US Highway #1 between MM 58 through 67, October 10, 1998, from 7:00 a.m. to 10:00 a.m., and granted approval and authorized execution of Florida Department of Transportation Request for Temporary Closing/Special Use of State Road Form. Parks. Board accepted the report on the development of County Board granted approval an amendment to Monroe County's Revised Seven Year Roadway/Bicycle Path Plan. Board granted approval to award bid and authorized execution of a contract between Monroe County and Preservation Services, Inc., for the West Martello Towers Renovations. Board granted approval to remove surplus equipment from inventory and advertise for bids or dispose, and also accept bids. Said schedule is incorporated herein by reference. ~ Board granted approval to submit a grant to "Florida Learn and Serve, K-12" to provide funding for a targeted 4-H program education by establishing a Florida Keys Youth Council. ~ 98/266 Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund in the amount of $4,735.00, for the installation of four Aids to Navigation, Port Largo, Key Largo AND granted approval and authorized execution of a contract between Monroe County and American Underwater Contractors, Inc., for the installation of four Aids to Navigation, Port Largo, Key Largo. RESOLUTION NO. 347-1998 See Res. Book No. 139, which is incorporated herein by reference. Board granted approval and authorized execution of a contract between Monroe County and A.S.A.P., Inc., for the emergency repair of Channel Marker #2, Upper Matecumbe West Channel. Board granted approval and authorized execution of a Library Services and Technology Act Grant Agreement, Project No. 98-LSTA-H-04, between Monroe County and Florida Department of State for advanced internet access, in the amount of $50,000.00. ~ Board adopted the following Resolution authorizing the Mayor to execute a grant application and the filing of same with the Florida Department of State, Division of Library and Information Services, concerning State Aid to Libraries. RESOLUTION NO. 348-1998 See Res. Book No. 139, which is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and APPX Software, Inc., to include a yearly maintenance agreement on the contract for software, in the amount of $2,340.00. Board granted approval to award bid to Overseas Janitorial Services and approval for Mayor to execute a contract concerning janitorial services for Key West International Airport (no contract sUbmitted.) Board granted approval of Federal Aviation Administration Grant, AlP # 3-12-0037-1198, in the amount of $1,615,655.00 to fund airport improvement projects and granted approval and authorized execution of the grant agreement when it arrives from the FAA. Board granted approval of a plan to allow the Disabled American Veterans (DAV) to substitute services to the Marathon ~ Airport in lieu of rent payments. Board adopted the following Resolution concerning the ~ 98/267 Transfer of Funds (Sch.ltem 1). RESOLUTION NO. 349-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.ltem 2). RESOLUTION NO. 350-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.ltem 3). RESOLUTION NO. 351-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.ltem 4). ---- RESOLUTION NO. 352-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.ltem 5). RESOLUTION NO. 353-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.ltem 6). RESOLUTION NO. 354-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch.ltem 7). RESOLUTION NO. 355-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.ltem 8). RESOLUTION NO. 356-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ Board adopted the following Resolution concerning the Transfer of Funds (Sch.ltem 9). ~ 98/268 RESOLUTION NO. 357-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.ltem 10). RESOLUTION NO. 358-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 266-1998 (Sch.ltem 11). RESOLUTION NO. 359-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch.ltem 12). ~ RESOLUTION NO. 360-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 374-1997 (Sch.ltem 13). RESOLUTION NO. 361-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 279-1998 (Sch.ltem 14). RESOLUTION NO. 362-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 310-1998 (Sch.ltem 15). RESOLUTION NO. 363-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 311-1998 (Sch.ltem 16). RESOLUTION NO. 364-1998 See Res. Book No. 139, which is incorporated herein by reference. Board granted approval and authorized execution of Amendment No. 4 to Florida Department of Environmental Protection ~ Contract No. C8368, which provides for a time extension to complete improvements to Sombrero Beach. ~ 98/269 Board granted Award of Bid and authorized execution of a contract between Monroe County and Interisk Corporation for Risk Management, Employee Benefit and Workers Compensation Consulting Services. Board adopted the following Resolution authorizing the Chairman to execute an E.M.S. County Grant Application and related request for grant distribution to the State of Florida Department of Health, Bureau of Emergency Medical Services. RESOLUTION NO. 365-1998 See Res. Book No. 139, which is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Ocean Reef Volunteer Fire Department concerning emergency medical and fire-rescue services in Municipal Services Taxing District 7. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County Emergency Medical Services and the Monroe County Sheriffs Office. ~ Board granted approval and authorized execution of an Agreement between Key Largo Volunteer Ambulance Corps, Inc., and Municipal Services Taxing District 6 (MSTD 6) concerning the provision of advanced life support level ambulance services for the period of October 1, 1998 through September 30, 1999. Board granted approval and authorized execution of Amendment No. 1 to an Agreement between Monroe County, on behalf of its Office of Emergency Management, Florida International University, and the Greater Miami Chapter of the American Red Cross. Board granted approval and authorized execution of a License Agreement between Monroe County and Sprint Spectrum L.P., to utilize part of the rooftop and tower at 500 Whitehead st., Key West, for a wireless communications facility. * This item is discussed later in the meetinq and approved as corrected. See Pq. 98/291. Board granted approval of two renewal agreements with the Florida Municipal Insurance Trust 10/1/98, and authorization to pay renewal premiums. Board granted approval to remove weight restrictions on Card Sound Road. ~ ~ 98/270 TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement between Sloppy Joe's Bar and Galleon Marina covering Sloppy Joe's/Galleon Fish Roundup, allocated under the Fishing Umbrella, in an amount not to exceed $9,000.00 to change the dates of the event to November 5th-7th, 1998. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 366-1998 See Res. Book No. 139, which is incorporated herein by reference. CONSENT AGENDA/BULK APPROVALS ~ Board granted approval of a flood variance application submitted by Ocean Key Associates, Ltd., for a detached 144 square foot gate house and two boat storage buildings below base flood elevation, located on a portion of amended plat of Mandalay Subdivision, North Key Largo, a/k/a Puerto Del Sol. Board granted approval of a Flood Variance Application submitted by Michale & Rose Ramelli for a detached 1430 square foot 4 car garage below base flood elevation for parking only on property located on Lot 25, Sacarma Subdivision, Cudjoe Key. Board granted approval of a Flood Variance Application submitted by Keith & Barbara Williams for a detached 672 square foot garage below base flood elevation for parking only on property located on Lot 36, Summer land Beach Addition #1, Summerland Key. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and R. G. Darby, for Lot 29, Block 7, Harbor Course South, section Three Ocean Reef Plat #18, PB 7, Pg 53. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Edwin K. & Marilyn J. Anderson, for Lot 3 and part of Lot 4, Block 1, Summerland Beach Addition 2, Ocean Drive, Summerland Key, as recorded in PB 3, Pg 21. Board granted approval to advertise a proposed Ordinance creating a boating restricted area (Slow Speed/Minimum ~ Wake Zone) for Cow Key Channel South, located between US1 and Riviera Canal; Providing for definitions; Providing that Monroe County agrees to hold the Florida Department of Environmental ~ 98/271 Protection harmless from any liability incurred from the negligent posting of boating restricted markers; Providing for penalties for violations; providing for exemptions; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise a proposed Ordinance creating a boating restricted area (Idle Speed/No Wake Zone) for the near shore waters in Blackwater Sound, adjacent to Moon Bay Condominiums, Key Largo; Providing for definitions; Providing that Monroe County agrees to hold the Florida Department of Environmental Protection harmless from any liability incurred from the negligent posting of boating restricted markers; Providing for penalties for violations; providing for exemptions; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. ~ Board granted approval and authorized execution of Amendment No. 1 to the Contract between Monroe County and the South Florida Water Management District to develop a Stormwater Master Plan for the unincorporated portion of the Florida Keys. This amendment extends the expiration date of the agreement to August 4, 1999 and adds a new Statement of Work and Deliverable and Payment Schedule to reflect the extension of the expiration date. Board granted approval and authorized execution of an Amendment to an Agreement between Monroe County and the University of Florida Department of Urban Planning dated March 11, 1998 revising Exhibit B (Project Schedule). Board granted approval for an Affordable Housing Deed Restriction, a transfer of a buildable lot to Monroe County by Warranty Deed and two covenants restricting the property owner to having one dwelling unit on two contiguous lots. Pursuance to Ordinance No. 016-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for the year ending July 13, 1998: 1 Affordable Housing Deed Restriction Permit Name on Name on Legal Number Aqenda Item Deed Restriction Description ~ 98-2-1300 Edwin Handte Edwin R. & Janice Lot 16, Lot 17, Ellen Handte Blk 11, Largo -- 98/272 Sound Park Key Largo 1 Person Dedicating 1 Lot to Monroe county Permit Number Name on Aqenda Item Name on Warranty Deed 97-1-0813 David Wilson David L. & Marquerite H. Wilson Legal DescriDtion Lot 21, Blk 2 Kinercha SID Big pine Key 2 Restrictive Covenants For contiguous Lots Permit Number Name on Aqenda Item Name on Restrict. Covenant 98-3-1300 Edwin Handte Edwin R. & Ellen J. Handte -- 98-1-0901 Jorge Nagel Jorge R. & Gina Nagel MONROE COUNTY SHERIFF'S DEPARTMENT Legal DescriDtion Lot 16 & 17, Blk 11, Largo Sound Park Key Largo Lot 14,less S 1/4; Lot 15 less S 1/4; Blk 16, Cudjoe Gardens, 5 & 7 Addtn.Cudjoe Key Board granted approval of a request for expenditures from the Law Enforcement Trust Fund, in the total amount of $62,299.00: $ 1,400.00 Pay freight for radar trailers purchased recently through the trust fund. 3,200.00 Purchase lap top computer for Public Information Officer. 8,499.00 Purchase supplies for Crime Prevention Fairs throughout the Keys. 5,000.00 -- Formation and organization of Corrections Division becoming accredited through the Florida Corrections Accreditation Commission. -- 98/273 38,000.00 Purchase network diagnostics. 5,000.00 Matching funds for HUD grant secured by Samuel's House, a halfway house for homeless women and their children. 1,200.00 Send Video Production Officer to Law Enforcement Video Association Conference. Board granted approval of disposition of inventory items for the third quarter of FY 97-98. Said list is incorporated herein by reference. Board granted approval and authorized execution of a contract between Monroe County, on behalf of the Tourist Development Council, and Schurger Diving & Salvage, to clean and sink a steel freighter off Looe Key. TDC revenue funds in the amount of $50,000.00 will be paid upon the successful deployment of vessel to establish an artificial reef. -- Board adopted the following Resolution applauding the Center for Marine Conservation for their efforts in organizing and carrying out a Keys wide beach cleanup on September 19, 1998. RESOLUTION NO. 367-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution approving the renaming of a private road known as Ocean Cay, Key Largo. RESOLUTION NO. 368-1998 See Res. Book No. 139, which is incorporated herein by reference. Board approved Commissioner Freeman's reappointment of Billy Gorsuch to the Planning Commission. Board adopted the following Resolution in recognition of the late Reynold Mingo, Jr. RESOLUTION NO. 369-1998 See Res. Book No. 139, which is incorporated herein by reference. Board approved Commissioner Harvey's reappointment of David Sullins Stuart to the Monroe County Planning Commission. Board gave recognition to the Zonta Club of Key West for their Domestic Abuse Film "It Can Happen To You". A special ~ tribute is given to Sheriff Roth for allowing Al Griffen of the Sheriff's Video Production Department to film, Gretchen Williams and Molly Ersay, for direction and editing, and to all the - 98/274 volunteers that assisted in making the film possible for use by the pUblic. Board approved Commissioner Reich's appointment of P. Morgan Hill to the Planning Commission for a two year term, expiring in September 2000. Mr. Hill will replace Mary Hansley whose term expires in September 1998. COUNTY ADMINISTRATOR Board granted approval of the appointment of Lenora Albury and Father Anthony Mullane to the Health and Human Services Board. Board granted approval of the appointment of William A. Crispin and Dr. David Rice to serve on the Board of the South Florida Resource Conservation and Development Council, Inc. Board granted approval of Years of Service Award Program for County employees. -- COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: COMPETENCY , PSYCHOLOGICAL EVALUATIONS, Care Center for Mental Health, in the amount of $1,050.00; Deborah a. Harrison, in the amount of $350.00; Guillermo Marcovici, in the amount of $2,700.00; James Holbrook, in the amount of $2,800.00; Walker & Associates, in the amount of $990.00. COURT ORDERED ATTORNEY CONFLICT, Cunningham, Albritton, Miller, Heffernan, Crimella & Hamilton, in the amount of $1,012.50; Jason Smith, in the amount of $8,381.25; Johnathan Drucker, in the amount of $350.00; Mark simms, in the amount of $2,500.00; Victoria McFadyen, in the amount of $375.00; Stephen Isherwood, in the amount of $700.00. COURT REPORTER SERVICES, Amy Landry, in the amount of $75.00; Associated Court Reporters, in the amount of $1,233.00; Florida Keys Reporting, in the amount of $745.20; Fred W. Jeske, in the amount of $1,221.75; Linda Colucci, in the amount of -- $90.00; Suzanne Ex, in the amount of $434.75. COURT INTERPRETER, American Sign Language, in the ~ 98/275 amount of $462.50; Estrella Garcia, in the amount of $80.00; Jennifer Douglas, in the amount of $142.40; Jose Menendez, in the amount of $230.00; Mary Lou Waas, in the amount of $95.00; Mayda Maloney, in the amount of $170.00; Sergio Alvarez, in the amount of $70.00; William Waddell, in the amount of $50.00. OTHER CIRCUIT COURT COSTS, Aya Dean, in the amount of $250.00; David Burns, in the amount of $562.50; Project Aloft, in the amount of $50.00. SHERIFF EXTRADITION, Richard D. Roth, in the amount of $6,197.98. WITNESS COORDINATION, Travel and Per Diem, in the amount of $75.00; Payroll, in the amount of $195.00. COUNTY CLERK Board approved the following Warrants: ~ GENERAL REVENUE FUND (001), 312053-313648, in the amount of $6,914,267.31 Board approved the County Commission Meeting Minutes of July 6, 8, 9, 22, 23 and 30, 1998. COUNTY ATTORNEY Board granted approval to advertise an Ordinance providing for competitive bidding procedures for contracts for goods, services (excluding services covered by the Consultant's Competitive Negotiations Act and Legal Services) that are expected to cost more than $25,000; providing for definitions; providing that bidders furnish bid bonds, certain financial records and prior performance history; providing for criteria for the evaluation of bids and the award of bids; providing for the withdrawal of bids in certain circumstances; repealing sections 2-541 through 2-543, Monroe County Code; providing for the procedure and criteria for suspending persons from bidding on county request for bids for up to three years; providing for severability; providing for the repeal of ordinances inconsistent herewith; providing for inclusion in the Code of Ordinances; providing for an effective date. Board granted approval and authorized execution of a ~ Settlement Agreement in the Code Enforcement matter of Monroe County v. Phyllis Jagolinzer, Eugene Flinn and Walter Flinn. ~ 98/276 Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Frigate Lane, Tropical Bay Estates, Big Pine Key. RESOLUTION NO. 370-1998 See Res. Book No. 139, 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 a portion of Avenue A, Palm Villa Subdivision, Big pine Key. RESOLUTION NO. 371-1998 See Res. Book No. 139, which is incorporated herein by reference. The recent amendment to Section 147.04, F.S., allows the Board of County Commissioners to establish the amount of the bond required to be posted before assuming the office of County Commissioner. The Board reconfirmed the present $2,000 amount. ~ Board granted approval and authorized execution of a Restrictive Covenant between Monroe County and Pigeon Key Foundation, Inc., on Pigeon Key, as condition of a state restoration grant. Board adopted the following Resolution evidencing the Board's approval of a recommended vested rights determination promulgated by the Vested Rights Hearing Officer, in re: the application of Scott Haskell and Thomas Stump. RESOLUTION NO. 372-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval of a recommended vested rights determination promulgated by the Vested Rights Hearing Officer, in re: the application of Joanne Frye. RESOLUTION NO. 373-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval of a recommended vested rights determination promulgated by the Vested Rights Hearing Officer, in re: The application of Charles and Marie Augustus. ~ RESOLUTION NO. 374-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ 98/277 Board adopted the following Resolution evidencing the Board's approval of the Second Determination of Vested Rights promulgated by the Vested Rights Hearing Officer, in re: The application of Jaqualine M. Andrade. RESOLUTION NO. 375-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval of a recommended vested rights determination promulgated by the Vested Rights Hearing Officer, in re: the Application of Ray Shamblin. RESOLUTION NO. 376-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval of a recommended vested rights determination promulgated by the Vested Rights Hearing Officer, in re: The application of Harold J. Newburn. ~ RESOLUTION NO. 377-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval of a recommended order of determination of vested rights promulgated by the Vested Rights Hearing Officer, in re: The application of Mike Denius. RESOLUTION NO. 378-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval of a recommended vested rights determination promulgated by the Vested Rights Hearing Officer, in re: The application of Herbert pontin and Christine Pontine RESOLUTION NO. 379-1998 See Res. Book No. 139, which is incorporated herein by reference. Board adopted the following Resolution evidencing the Board's approval of a recommended vested rights determination promulgated by the Vested Rights Hearing Officer, in re: The application of Jerry and Lynne Petty. RESOLUTION NO. 380-1998 See Res. Book No. 139, which is incorporated herein by reference. ~ Board granted approval and authorized execution of a Stipulation to Voluntary Dismissal in Case No. 98-10001 CA-18 , ~ 98/278 Coral Key Village Homeowners' Association, Inc., Jerry Kansier, Buddy McGill and Carolyn Sara Dukeshire v. Coral Key Village, Inc., Lighthouse Management Co., Inc., Board of County Commissioners of Monroe County. Board granted approval to advertise an Ordinance amending Section 2-514, Monroe County Code, in order to provide that Infrastructure Sales Tax Revenue may be used for any public purpose provided that the debt service obligations are met and that Monroe County's Comprehensive Plan is in compliance with Part II, Chapter 163, Florida Statutes; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS ~ Community Services Director Peter Horton; Betty Vail, and County Attorney James T. Hendrick addressed the Board. After discussion, motion was made by Commissioner Harvey and seconded by Commissioner Douglass granting approval and authorizing execution of Purchase/Service Order No. 97/98-23 between Monroe County and URS Greiner, Inc. to implement an Air Service Plan to market the Marathon Airport to specific airlines. Roll call vote was unanimous. * This item is discussed later in the meetinq with no chanqes made. See Pq. 98/284. Motion was made by Mayor London and seconded by Commissioner Douglass directing the Tourist Development Council to become involved in marketing of the Marathon Airport. Roll call vote was unanimous. PUBLIC BEARINGS 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 Brown Drive, Ramrod Shores, Third Addition, Ramrod Key, Florida. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to adopt the following Resolution. Motion carried unanimously. ~ RESOLUTION NO. 381-1998 See Res. Book No. 139 which is incorporated herein by reference. ~ 98/279 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 Ana Court, Sea-Air Estates, Vaca Key, Marathon, Florida. Attorney John Wolfe addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 382-1998 See Res. Book No. 139 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 drainage and/or utility easement on Lot 6 and South Half of Lot 5, Block 4, Cudjoe Gardens, Cudjoe Key, Florida. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 383-1998 See Res. Book No. 139 which is incorporated herein by reference. ~ A Public Hearing was held concerning adoption of an Ordinance amending Monroe County Code 6, adding three public members to the Contractors Examining Board; providing authority for the fine for unlicensed activity to be reduced to no less than $100; 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 Reich to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 025-1998 See Ord. Book No. 48 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance establishing the grounds upon which a Motion for Disqualification of a Monroe County Special Master or Hearing Officer shall be based and the criteria to be used in ruling on such motion; Providing for appellate review of an Order Denying a Motion for Disqualification to the Board of County Commissioners of Monroe 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. There was no public input. Motion ~ was made by Commissioner Freeman and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. -- 98/280 ORDINANCE NO. 026-1998 See Ord. Book No. 48 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending section 2-1(b), Monroe County Code, in order to provide that the County Administrator may approve separate non-cumulative change orders for construction project contracts and professional service contracts in amounts not to exceed $25,000 or 5% of the original contract price, whichever is greater; Providing for 24-hour advance notice by the County Administrator of his intent to approve such change orders to the members of the County Commission; Providing that the County Administrator furnish a monthly report to the County Commission on all change orders approved during the prior month and the reasons therefor; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for inclusion in 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. 027-1998 See Ord. Book No. 48 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution approving execution of an Interlocal Agreement with the City of South Miami Facilities authority regarding issuance of bonds on behalf of Keys Hospital Foundation, Inc., approving the issuance and sale of such bonds as required by Section 147(f) of the Internal Revenue Code as amended; and providing for other related matters. County Attorney James T. Hendrick addressed the Board. There was no public input. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 384-1998 See Res. Book No. 139 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 2 of Ordinance No. 019-1998 by prohibiting the operation of personal watercraft in the North Whale Harbor Channel and within 1200 feet of the shoreline of Duck Key; amending section 9 of Ordinance No. 019-1998 in order to clarify the effective date of such Ordinance; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for inclusion into the Monroe County Code of Ordinances; and providing an effective date. The -- Board accepted public input with the following individuals addressing the Board: Norman Trabulsy, Jr., Karen Lee, Jim Hurley, Gary Jones, Amy Knowles, Eugene Shinkevich, Bob Donnelly, - 98/281 and Charles Causey. County Attorney James T. Hendrick also addressed the Board. After discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman to continue the Public Hearing to 4:00 P.M. this afternoon, pending language clarification. Motion carried unanimously. Motion was made by Mayor London and seconded by Commissioner Freeman directing the County Attorney to draft an Ordinance to provide for operation zones for personal water craft similar to the Ordinance in Monterey, California. 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. - A Public Hearing was held concerning adoption of an Ordinance amending Section 16-1(b), Monroe County Code, abandonment of a rights-of-way; 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 pubic input. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 028-1998 See Ord. Book No. 48 which is incorporated herein by reference. commissioner Douglass excused himself from the meeting. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Freeman and seconded by Mayor London granting approval and authorizing execution of the Employee Assistance Program Renewal Agreement between Monroe County and the Mental Health Care Center of the Lower Keys, Inc., d/b/a Care Center for Mental Health. Roll call vote was taken with the following results: - Commissioner Freeman Commissioner Harvey Commissioner Reich Mayor London Yes Yes No Yes - 98/282 Motion carried, with Commissioner Douglass not present. Motion was made by Mayor London and seconded by Commissioner Reich granting approval to waive purchasing policy procedures and authorizing execution of a contract between Monroe County and Janice Drewing for the completion of the County's Local Mitigation strategy Project. Motion carried unanimously, with Commissioner Douglass not present. GROWTH MANAGEMENT Planning Director/Acting Growth Management Director - Timothy McGarry updated the Board on the status of the commercial and non-residential ROGO strategy report. Commissioner Douglass returned to the meeting. -- Mr. McGarry also discussed revisions to LDR's; proposed historic preservation; traditional neighborhood districts; adult entertainment/adult book stores; airport regulations; and telecommunication act ordinances. An update on legal issues was presented by James T. Hendrick, Esq. Mr. Hendrick discussed the Burnham; Rathkamp; Vested Rights hearings; Ocean Cay; Bennett; and Bryar matters. Eugene Shinkevich, County Administrator James Roberts; and Mr. Hendrick addressed the Board. After Board discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing execution of a Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick, as amended, renewing for an additional term of two years, the Letter of Engagement authorizing the firm to act as General civil Litigation Counsel to the Board of County Commissioners of Monroe County for Fiscal Years 1998-1999 and 1999-2000. Said amendment as follows: Paragraph three - Add the words "while he serves as county Attorney" after the words "James T. Hendrick" at the end of the sentence. Roll call vote was taken with the following results: ,-- commissioner Douglass Commissioner Freeman Commissioner Harvey Commissioner Reich Mayor London Yes Yes Yes No Yes Motion carried. - 98/283 Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval and authorizing execution of a Letter of Engagement between Monroe county and the law firm of Morgan and Hendrick, as amended, renewing for an additional term of two years, the Letter of Engagement authorizing the firm to provide Land Use-Growth Management representation to Monroe County for Fiscal Years 1998-1999 and 1999-2000. Said amendment as follows: Paragraph three - Add the words "while he serves as County Attorney" after the words "James T. Hendrick" at the end of the sentence. commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich No Mayor London Yes Motion carried. - COMMISSIONERS' ITEMS commissioner Douglass presented to the Board the Lower Matecumbe Key Community Plan Summary. This item was referred to Staff. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner Art French, Commissioner Yvonne Harper, Mayor Jack London, and Chairman Keith Douglass. Public Safety Director Reggie Paros and Mr. Hendrick updated the Board on status of the Ordinance for the Length of Service Awards Program for volunteer fire fighters. After discussion, motion was made by Commissioner Halenza and seconded by Mayor London requesting the Board of Governors be presented - with the Length of Service Award Program Ordinance at the October 14, 1998 Board meeting. Roll call vote was unanimous. ~ 98/284 Motion was made by Mayor London and seconded by Commissioner French granting approval of award of bid and authorizing execution of a Contract between Monroe County Southern Coach, Inc., for a 2000 Gallon Tanker/Pumper for and Middle Keys Fire and Ambulance District, in the total of $167,108.00. Motion carried unanimously. and Lower amount There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. MONROE COUNTY TAX COLLECTOR Tax Collector Harry F. Knight presented the Board with the recap of the 1997 Tax Roll and Listing of Errors and Insolvencies. ~ MISCELLANEOUS BULK APPROVALS commissioner Freeman discussed with the Board Agenda item 0-21 approved earlier today concerning the execution of Purchase/Service Order No. 97/98-23 between Monroe County and URS Greiner, Inc. to implement an Air Service Plan to market the Marathon Airport to specific airlines. DIVISION OF MANAGEMENT SERVICES County Administrator James Roberts discussed with the Board approval to change the eligibility for group health program benefits for retirees, to lower the number of years of exposure for the County. Mr. Roberts introduced Jeff Angelo, Area President of Arthur J. Gallagher & Co. - Boca Raton and Lawton Swan of Interisk Corporation who made presentations to the Board. Monroe County Human Resources Director Sheila Barker addressed the Board. After discussion, motion was made by Commissioner Harvey and seconded by Mayor London to postpone the item to the October 14, 1998, Board meeting in Key West. Roll call vote was unanimous. ~ GROWTH MANAGEMENT ~ 98/285 Environmental Resources Director Ross Alliston and Planning Director Timothy McGarry discussed with the Board approval of a Memorandum of Agreement (MOA) between Monroe County, Florida Department of Community Affairs (DCA), Florida Department of Transportation (DOT), U.S. Fish and wildlife Service (USFWS), and Florida Game and Freshwater Fish Commission to develop a Habitat Conservation Plan (HCP) for Big pine and No Name Keys. Rick Gooch representing the U.S. Fish and wildlife Service; Eugene Shinkevich, and Jeanne Somma addressed the Board. The Board discussed the appointment of two (2) persons from Big pine Key to be appointed to the Steering or Coordinating Committee. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing execution of the above Memorandum of Agreement. Roll call vote was unanimous. The Clerk read into the record a letter from Mr. H. T. Pontine COMMISSIONERS' ITEMS ~ Ed Swift, Architect Jose Gonzalez, Pastor Kerr, Ben McPherson, and Peter Baty addressed the Board concerning the use of old Sirco property on Maloney Avenue, Stock Island for a day care center. After discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman that the proposed day care use is a permitted use in the District, and directs the Growth Management Division staff a) to allow use of the existing (Sirco) structure as a day care center, without loss of its grand fathered status as commercial retail space; and b) to receive and process a redevelopment application for replacement of the fifteen (15) existing trailers in conformity with current setback requirements and for reconstruction and upgrading of commercial space not to exceed existing FAR and open space ratio. 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. Elmira Leto and Joanna Johnson made a presentation to the Board on the importance of the Samuel's House project to Monroe County and a request for the Commission's approval of seed ~ money. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to appropriate $10,000 as seed money in the FY 1998-99 budget. Roll call vote was taken with the following - 98/286 results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich No Mayor London No Motion failed. Planning Director Timothy McGarry and Code Enforcement Director Tom Simmons updated the Board on the status of Dodge Lake Enterprises, Inc. development. William Brady, Jr., Attorney Franklin Greenman, and Attorney Nicholas Mulik addressed the Board. The Board took no official action. CONTINUATION OF PREVIOUS PUBLIC HEARING - Mr. Hendrick addressed the Board concerning adoption of an Ordinance amending section 2 of Ordinance No. 019-1998 by prohibiting the operation of personal watercraft in the North Whale Harbor Channel and within 1200 feet of the shoreline of Duck Key; amending section 9 of Ordinance No. 019-1998 in order to clarify the effective date of such Ordinance; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for inclusion into the Monroe County Code of Ordinances; and providing an effective date. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to the following Ordinance as amended. Said amendment as follows: Section 1. (11) add the words "excludinq the area known as the "Blue Water Corridor" which is more particularly described as that area lyinq Northerly of the southerly boundary of Hawk's Cay Resort (which boundary is the Northerly line of the main Duck Key Canal) extended Easterly toward Conch Keys 1200 feet, and Easterly of Duck Key Drive" between the words "1200 feet from the shoreline of Duck Key" and "as depicted on Exhibit A II" in the section. 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. ~ 98/287 ORDINANCE NO. 029-1998 See Ord. Book No. 48 which is incorporated herein by reference. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman directing the Marine & Port Advisory Committee to hear the remaining areas of concern as requested concerning the personal watercraft ordinance. Motion carried unanimously. COUNTY ATTORNEY ~ Planning Director Timothy McGarry discussed with the Board a Resolution approving a Recommended Order of Vested Rights which denied the application of Paul and Johanna Safer. Attorney Jim Mattson, representing the applicants addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman reversing the Vested Rights Hearing Officer's recommendation concerning the Vested Rights Application of Paul Safer and Johanna Safer; and bring back a Resolution for approval at the next Board meeting scheduled for October 14, 1998. Roll call vote was unanimous. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to continue to the October 14, 1998 meeting the proposed Settlement Agreement in Trelmarie Fountain v. Monroe County. Motion carried unanimously. LAND AUTHORITY (SITTING AS COUNTY COKHISSION) Executive Director of the Monroe County Land Authority, Mark J. Rosch addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing execution of an Agreement for the Purchase of Lands to purchase property from the Land Authority that has been pre-acquired for the ROGO Grant. Said document is incorporated herein by reference. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution authorizing the conveyance of certain real property to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Motion carried unanimously. RESOLUTION NO. 385-1998 ~ See Res. Book No. 139 which is incorporated herein by reference. Mr. Rosch addressed the Board. Motion was made by 98/288 commissioner Freeman and seconded by Commissioner Reich granting approval and authorizing execution of an Agreement for the Purchase of Lands to purchase Block 21, Lots 23-32, Coco Plum Beach Subdivision. 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. COMMISSIONERS' ITEMS commissioner Douglass discussed with the Board a request for a Public Hearing on an Ordinance prohibiting public nudity or simulated public nudity in establishments serving alcoholic beverages. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval of the advertisement. County Attorney James T. Hendrick addressed the Board. After further discussion, the second to the motion was withdrawn. No official action was taken. Commissioner Douglass discussed with the Board the Monroe County Turn Land Study. No official action was taken. PUBLIC HEARING Planning Director Timothy McGarry addressed the Board concerning approval of an Ordinance adopting a remedial amendment to POlicy 101.4.11 and an update of the Technical Document of the Monroe County Year 2010 Comprehensive Plan. This remedial amendment directs the county to work with the School Board to balance educational facilities' land requirements with other land use objectives, encourages existing schools to accommodate building and facility requirements on their current sites and encourages new schools to locate proximate to urban residential areas and other public facilities. 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. 030-1998 See Ord. Book No. 48 which is incorporated herein by reference. ~ 98/289 BUDGET PUBLIC HEARINGS county Administrator James Roberts made a presentation to the Board on the proposed Fiscal Year 1999 budget. LAND AUTHORITY Executive Director of the Monroe county Land Authority, Mark Rosch addressed the Board concerning the proposed Land Authority budget for Fiscal Year 1999. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS ~ The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner Art French, Commissioner Yvonne Harper, Commissioner Jack London and Chairman Keith Douglass. John Carter, Senior Director - Office of Management & Budget; Clerk of Court Danny L. Kolhage; Mr. Roberts, and Public Safety Director, Reggie Paros addressed the Board of Governors of District #1 concerning the proposed Fiscal Year 1999 budget. After discussion, motion was made by Commissioner Freeman and seconded by Commissioner French directing Staff to prepare the proposed Fiscal Year 1999 budget for the Board of Governors of District #1 with $200,000 less in the reserve for cash balance for final action at the budget hearing on September 17, 1998 in Key West. Roll call vote was unanimous. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. ~ A Public Hearing was held concerning the proposed Fiscal Year 1999 budget for Residential Solid Waste collection, 98/290 Disposal, and Recycling Rates. There was no public input. The Board took no official action. A Public Hearing was held concerning the proposed Fiscal Year 1999 budget for Commercial Solid Waste Collection, Disposal, and Recycling Rates. There was no public input. The Board took no official action. A Public Hearing was held concerning the Tentative Fiscal Year 1999 Budget and Tentative Millage. The Board accepted public input with the following individuals addressing the Board: Ken Carter, Ed Lund, and William Hahn. The Board took no official action. GROWTH MANAGEMENT Ken Williams, Consulting Engineer with CH2MHill updated the Board on the Monroe County Sanitary Wastewater Master Plan. Marine Resources Director, George Garrett discussed a grant award for the Little Venice Area. COMMISSIONERS' ITEMS Mr. Williams also discussed the Domestic Abuse Film "IT CAN HAPPEN TO YOU". COUNTY ADMINISTRATOR County Administrator James Roberts informed the Board that the date for the ground breaking for the Commissary Building is planned for Monday, November 2, 1998 at 3:00 P.M. Mr. Roberts discussed the upcoming ground breaking for the Key Largo Park. No formal date was announced. Mr. Roberts also discussed the status of the Village of Islamorada - Interlocal Agreement. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to call a Special Meting at 4:00 P.M. on September 17, 1998, for the transfer of responsibilities from the County to the newly incorporated Village. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Freeman and seconded by - 98/291 commissioner Harvey to reconsider Agenda item 0-34 concerning the approval of a License Agreement with Sprint Spectrum to utilize part of the rooftop and tower at 500 Whitehead Street in Key West for a wireless communications facility. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval of the License Agreement, as corrected. Said correction as follows: Page 1, section No.1. - 3rd line from bottom: After the word "LICENSEE", add the word "non" to the word "exclusive" in the sentence. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator James Roberts updated the Board on the status of an inducement Resolution concerning the Key West Brewery. No official action was taken. There being no further business to come before the Board, the meeting was adjourned. ,- Clerk to the Board of County Commissioners of Monroe County ~c. iLv~ Deputy Clerk - .-