07/16/1997 Regular
97/157
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 16, 1997
Key West, Florida
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 a.m., on the above date, at the
Harvey Government Center at Historic Truman School. Present and
answering to roll call were Commissioners Shirley Freeman,
Wilhelmina Harvey, Jack London, Mary Kay ReiCh, and Mayor Keith
Douglass. Also present were Danny L. Kolhage, Clerk; Isabel C.
DeSantis, Deputy Clerk; James Hendrick, County Attorney; James
Roberts, County Administrator; County Staff, members of the Press
and Radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Reich and seconded by
Commissioner London granting approval of Additions, Corrections,
and Deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Employee of the Month Award was presented to Bevette
Moore, Airport Services, Community Services Division.
Presentation of a Proclamation declaring July 20-26,
1997 as Reef Awareness Week.
BULK APPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman to approve the following items by unanimous
consent:
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and American
Underwater Contractors for the project known as Adams Waterway
Boating Restricted Area. This Amendment will allow the final
payment to be made without having it presented to the Board for
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approval.
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and ASAP, Inc., for
the removal of Derelict Vessels-1997, for Zone II including above
Grassy Key to the Monroe County line.
Board granted approval and authorized execution of an
Amendment to Agreement between Monroe County and ASAP Marine
Contractors for the project known as Channel Marker Repairs _
Tavernier Creek and Windley Key. This Amendment will allow the
final payment to be made without having it presented to the Board
for approval.
Board granted approval and authorized execution of a
Business Lease Agreement between Monroe County and L. H. Kephart,
d/b/a Eaton Street Professional Center, for Public Defender
office space in Key West.
Board granted approval and authorized execution of an
Addendum to Lease Agreement between Monroe County and Robertson,
Jarrett, Robertson, for office space for the Plantation Key
Public Defender, in the amount of $16,200.00 per year.
Board granted approval and authorized execution of a
Residential Lease for Law Enforcement Officer between Monroe
County and Detective Jan McLean, to reside at the upper level of
the Big Pine Operations, more commonly known as the "stiglitz
House", for an amount of rent and utilities totaling $400.00 per
month.
Board granted approval and authorized execution of an
Easement Agreement between Monroe County and BellSouth
Telecommunications, leasing them a portion of land for a
communication cabinet in Plantation Key, in the amount of
$5,000.00.
Board accepted a Status Report, Monroe County Park
Development, prepared by D. Peacock of the Engineering
Department.
Board granted approval to advertise for a Public
Hearing for a budget amendment to the Group Insurance Fund #502
to bring in additional funds to cover claims costs for the
remainder of the fiscal year.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item I).
~
RESOLUTION NO. 235-1997
See Res. Book No. 135, which is incorporated herein by reference.
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Board adopted the fOllowing Resolution concerning the
Transfer of Funds (Sch. Item 2).
RESOLUTION NO. 236-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item 3).
RESOLUTION NO. 237-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 4).
RESOLUTION NO. 238-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 5).
RESOLUTION NO. 239-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 6).
RESOLUTION NO. 240-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 7).
RESOLUTION NO. 241-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 8).
RESOLUTION NO. 242-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 161-1997 (Sch. Item 9).
RESOLUTION NO. 243-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Sch. Item 10).
RESOLUTION NO. 244-1997
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See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 150-1997 (Sch. Item 11).
RESOLUTION NO. 245-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item 12).
RESOLUTION NO. 246-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item 13).
RESOLUTION NO. 247-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 579-1996 (Sch. Item 14).
RESOLUTION NO. 248-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 044-1997 (Sch. Item 15).
RESOLUTION NO. 249-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 033-1997 (Sch. Item 16).
RESOLUTION NO. 250-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch. Item 17).
RESOLUTION NO. 251-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Sch.Item 18).
RESOLUTION NO. 252-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Location Provider Agreement between Monroe County and BellSouth
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Public Communications, Inc., for long distance service on
BellSouth public telephones located on County properties.
Board granted approval and authorized execution of an
Amendment to the Administrative Services and Adoption Agreement
between Monroe County and Acordia National, Inc., to include the
administration of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) for our Group Health Plan.
Board granted approval and authorized execution of
Modification No. 1 to the FY97 Low Income Home Energy Assistance
Program Grant Agreement between Monroe County and the Florida
Department of Community Affairs.
Board granted approval to adopt policy to allow for a
minimum present value savings level of 3.50% on a partial sales
tax infrastructure bond refund which generates approximately
$500,000.00 in present value savings, and to direct the County
Attorney to authorize Bond Counsel to draft the appropriate
documents including the Refunding Resolution and Preliminary
Official Statement.
Board granted approval to advertise for the repair of
the compactors at each of the three transfer stations. This
repair/overhaul will insure an additional five (5) years of
service.
Board granted approval and authorized execution of a
Marina Lease Amendment between Monroe County and Pat and Kelly'S
Marina, Inc.
CONSENT AGENDA/BULK APPROVALS
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and Xerox Corporation, for
a 36 month lease for a Xerox Engineering Copier Model 2515, with
monthly payments of $211.19.
Board granted approval of a Flood Variance Application
submitted by Charles Braden, for a detached 1,628 square foot
garage (airplane hangar) enclosure below base flood elevation,
for parking only, on property located on Lots 12 & 13, Summerland
Estates, Summerland Key.
Board granted approval of a Flood Variance Application
submitted by Joseph G. and Frances V. Corr, for a detached 624
square foot storage enclosure below base flood elevation, on
property located on Lots 7 & 8, Block 60, Port Pine Heights, Big
Pine Key.
Board granted approval of a Flood Variance Application
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submitted by Ted McGraw, for a detached 768 square foot garage
enclosure below base flood elevation, on property located on Lot
22, Block 3, Matecumbe Sandy Beach, Lower Matecumbe Key.
Board granted approval of a Flood Variance Application
submitted by Peter and Angela Radler, for a lateral attached 1334
square foot garage enclosure below base flood elevation, for
parking only, on property located on Lots 1 & 2, Block 4,
Summer land Key Cove, Summerland Key.
Board granted approval of a tri-party Memorandum of
Understanding between the Habitat for Humanity, the Florida
Department of Environmental Protection (DEP) and Monroe County to
transplant 12 native hardwood trees from a private lot on Grassy
Key to Curry Hammocks State Park. The Board also authorized the
County Administrator or his designee to approve similar
agreements in the future.
Board granted approval and authorized execution of a
Conservation Easement Agreement between Monroe County and Lucy
and Michael Doyle, for Block 1, Lot 4, Key Largo Beach Addition.
COMMISSIONERS' ITEMS
Board granted approval of Mayor Douglass' appointment
of the Reverend Richard Venezia to the Human Services Advisory
Board, replacing Judy Greenman whose term has expired.
Board granted approval for Emma Cates, Chairman of the
Beach Advisory Board, and Commissioner Harvey to attend the 42nd
Annual Conference of the Florida Shore and Beach Preservation
Association. Registration, travel and lodging to be paid by
County.
Board granted approval of Commissioner Harvey's
appointment of Sharon Siburn, replacing Burnette stewart, and
Janice C. Tuckman, replacing Marci L. Rose, to serve on the
Commission on the status of Women.
Board adopted the following Resolution in recognition
of the late Josephine Park Doughtry.
RESOLUTION NO. 253-1997
See Res. Book No. 135, which is incorporated herein by reference.
Board adopted the following Resolution endorsing the
application of the Marathon Economic Development Council to
participate in the Florida Main street Program.
RESOLUTION NO. 254-1997
See Res. Book No. 135, which is incorporated herein by reference.
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COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY , PSYCHOLOGICAL EVALUATIONS, Guillermo
Marcovici, M.D., in the amount of $1800.00; Care Center for
Mental Health, in the amount of $1,050.00; Thomas Hibberd, in the
amount of $700.00.
OTHER EXPENSES, state of Florida, in the amount of
$374.55, Louis J. Spallone, Clerk, in the amount of $750.00; Dan
Byrd, in the amount of $206.66.
COURT ORDERED ATTORNEY CONFLICT, David G. Hutchinson,
in the amount of $2,411.25; stephen S. ISherwood, in the amount
of $2,830.40; Manuel E. Garcia, in the amount of $1,278.75; Mark
J. Simms, in the amount of $600.00; Ben Harrison, in the amount
of $787.50; Cunningham, Albritton, Miller, Crimella & Hamilton,
PA, in the amount of $9,077.50; Richard J. Fowler, in the amount
of $375.00; Thorton McDaniel, Jr., in the amount of $960.00;
Jason R. Smith, in the amount of $6,825.00; Robert GOldman, in
the amount of $670.20; Maria Bentancourt, in the amount of
$2,098.77; David J. Audlin, in the amount of $2,445.00.
COURT REPORTER SERVICES, Associated Court Reporters, in
the amount of $2,132.25; Florida Keys Reporting, in the amount of
$1,246.25; Nancy J. Maleske, in the amount of $114.75; Vicki Lynn
Doty, in the amount of $171.50; Jack Beasoner & Associates, in
the amount of $60.50; Amy Landry, in the amount of $107.50;
Narup, Vouvakis & Assoc., in the amount of $47.80.
COURT INTERPRETER, J. R. Alayon Forte, in the amount of
$735.00; AT&T Language Line, in the amount of $145.00; Claudia
Hancock, in the amount of $80.00; Lilly Giraud Fisher, in the
amount of $25.00; Mayda Maloney, in the amount of $170.00; Jose
Mendez, in the amount of $330.00; Mario Baldatti, in the amount
of $210.00; Estrella Garcia, in the amount of $265.00; Jores
Pierrilus, in the amount of $25.00; Mary Lou Waas, in the amount
of $125.00; Gilbert D. Mora, in the amount of $100.00; William
Waddell, in the amount of $45.00; Sergio Alverez, in the amount
of $35.00; Thomas D. Lindsay, in the amount of $50.00; Marie
Penot, in the amount of $55.00; Yolande Findlay, in the amount of
$30.00; Lou Havaran, in the amount of $85.00.
$194.59.
TRAVEL EXPENSES, Witness Travel, in the amount of
COUNTY CLERK
-.--------.-- -.-.-. ..-----"-..._._._-_..,~_.-..~.,_..-...-
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Board approved the following Warrants:
GENERAL REVENUE FUND (001), #278105-288673, in the
amount of $8,853,937.35
Board approved the County Commission Meeting Minutes of
May 20, 1997.
COUNTY ADMINISTRATOR
Board reviewed the monthly financial documents prepared
by the Office of Management and Budget and reviewed the budget
trends for the next fiscal year.
DIVISION OF PUBLIC SAFETY
Board granted approval for the Mayor to sign a letter
to serve as written notice extending the Agreement between Monroe
County and the District Board of Trustees of Florida Keys
Community College (FKCC) to June 30, 1998.
Motion carried unanimously.
COMMISSIONERS' ITEMS
stephen Smith, Chairman of the Monroe County Mosquito
Control Board discussed issues surrounding the Mosquito Control
function in Monroe County. The Board took no official action.
PUBLIC HEARINGS
A Public Hearing was held concerning the renouncing and
disclaiming any right of the County and the public in and to a
potion of an unnamed street in Kinercha Subdivision, Big Pine
Key, Monroe County, Florida. There was no public input. Motion
was made by Commissioner London and seconded by Commissioner
Reich to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 255-1997
See Res. Book No. 135 which is incorporated herein by reference.
,-
A Public Hearing was held renouncing and disclaiming
any right of the County and the Public in and to a portion of
Bamboo Terrace, Key Haven Fifth-Addition, Monroe County, Florida.
There was no public input. Motion was made by Commissioner Reich
and seconded by Commissioner London to postpone the item to the
October Board meeting in Key West. Motion carried unanimously.
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A Public Hearing was held concerning adoption of an
Ordinance amending Section 6-56, Monroe County Code, Specialty
Contractors, Number 23, Painting and Decorating Specialty
Contractor, Providing for inclusion in the specialty of applying
textured finishes to interior ceilings; 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 was made by Commissioner London and seconded by
Commissioner Reich to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 028-1997
See Ord. Book No. 44 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending Section 6-59, Monroe County Code in order to
require technical testing for the following specialty
contractors: steel reinforcing and iron, glazing, gunnite and
sand blasting, sign electrician, fire alarm, and low voltage;
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 Reich and seconded by Commissioner London to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 029-1997
See Ord. Book No. 44 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending Section 6-56, Monroe County Code, defining
demolition, allowing contractors to remove or demolish those
elements which they are licensed to install, terminating the
specialty classification "Demolition Contractor", Providing for
those licensed as of May 1, 1997, as a Demolition Specialty
Contractor to continue to be licensed; 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. Growth Management Director,
Bob Herman, addressed the Board. Motion was made by Commissioner
London and seconded by Commissioner Freeman to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 030-1997
See Ord. Book No. 44 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance revising Section 6-62, Monroe County Code, in order to
clarify that an applicant for reciprocity must have been tested
for the County or Municipality under the license for which he is
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seeking reciprocity; 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. 031-1997
See Ord. Book No. 44 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance imposing an additional cost of $15.00 in cases where a
person, after August 1, 1997, is found guilty of any Misdemeanor
where the unlawful use of drugs or alcohol is involved; Providing
that for each $15.00 collected, $14.00 will go to Local Substance
Abuse Treatment Programs and $1.00 to the Clerk of the Court as a
service charge; 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. Clerk
of Court, Danny L. Kolhage addressed the Board. Motion was made
by Commissioner Freeman and seconded by Commissioner London to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 032-1997
See Ord. Book No. 44 which is incorporated herein by reference.
MISCELLANEOUS BULK APPROVALS
Community Services Director, Peter Horton, addressed
the Board. Motion was made by Commissioner London and seconded
by Commissioner Freeman granting approval and authorizing
execution of a Memorandum of Understanding, pending staff/legal
review, between Monroe County and the Sheriff's Department for
law enforcement officers to provide security at the Key West
International Airport. Motion carried unanimously.
Monroe County Construction Manager, William Bibo and
Architect Jose Gonzalez addressed the Board concerning permission
to negotiate a fixed fee for additional architectural services at
The Harvey Government Center at Historic Truman School, to add
betterments to the project requested by the Tax Collector and to
waive policies and procedures for the above. After Board
discussion, motion was made by Commissioner London and seconded
by Commissioner Freeman authorizing Staff to obtain costs and
bring back to the Board for final approval item #'s 1, 2 and 3
and directing staff to complete items 4, 5, 6, 7 and 9 as
indicated in the Memorandum dated July 1, 1997 from the Office of
Construction Management. Roll call vote was taken with the
following results:
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Commissioner Freeman Yes
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich Yes
Mayor Douglass Yes
Motion carried.
COMMISSIONERS' ITEMS
Attorney David Paul Horan addressed the Board on impact
fees concerning his client Dion's Quik Mart/MM 49, Marathon,
Florida. Motion was made by Commissioner London and seconded by
Commissioner Freeman directing staff to accept the Traffic Impact
Fee Analysis conducted by Miller Consulting, Inc., to apply in
this case in the absence of applicable standards and directing
County staff to make a refund to the applicant and pay the
appropriate balance to the Impact Fee Account. Motion carried
unanimously.
MISCELLANEOUS
Gary Dunn, Director of Planning and Programs of the
Florida Department of Transportation in Miami; Jerry Wilkinson
representing the Historic Preservation Society of the Upper Keys;
Henry Rosenthal, representing the Islamorada Chamber of Commerce
and Irving Eyster representing the Matecumbe Historical Board
addressed the Board concerning the Heritage Monument Trail
Enhancement project. Motion was made by Commissioner Freeman and
seconded by Commissioner Reich to proceed with the project and
requesting that the final version come back before the Board
before cast in bronze. Motion carried unanimously.
DIVISION OF COMMUNITY SERVICES
Community Services Director, Peter Horton introduced
Professor Bill Trantham of Florida Keys Community College. Mr.
Trantham discussed the progress that has been made in the
development of an AS Degree in Public Administration. After
Board discussion, motion was made by Commissioner Freeman and
seconded by Commissioner Harvey requesting Florida Keys Community
College to continue the program. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Monroe County Construction Manager, William Bibo and
Architect Jose' Gonzalez addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Freeman granting
approval and authorizing execution of Change Order No.1 between
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Monroe County and T.P.S., Inc., for improvements at the Lester
Building in the increased amount of $23,120. Motion carried
unanimously.
Mr. Bibo addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner London granting
approval and authorizing execution of Change Order No. 3 between
Monroe County and Hewett-Kier Construction, Inc., for completion
of all work at the Harvey Government Center at Historic Truman
School. Roll call vote was unanimous.
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman granting approval of a Purchase Order to buy
two 8,000 gallon fuel tanks and associated equipment for the Key
West and Marathon fueling facilities, and approval to advertise
for bids to remove old tanks, install new fuel tanks, and
associated work. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman granting approval and authorizing execution
of a Modification to Contract between Monroe County and Laumar
Roofing South, Inc. to include substantial completion of the work
no later than one hundred twenty (120) days, weather permitting
for roof repairs at Plantation Key Courthouse, Key Largo Library
and the Ellis Building. Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Freeman granting approval and authorizing execution
of a Funds Agreement, as revised, between Monroe County and
Monroe Council for the Arts Corporation, Inc. Motion carried
unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman granting approval of the following two
items:
Customer Maintenance Agreement between Monroe County
and IPL Systems for service to the four (4) disk drives for the
AS/400 Computer System.
Customer Maintenance Agreement between Monroe County
and IPL Systems for service to the 8mm tape drive used for the
As/400 Computer System.
Motion carried unanimously.
SOLID WASTE MANAGEMENT
Solid Waste Director, Clark Lake informed the Board of
a mail out concerning Solid Waste Pick-Up Service.
'R.~\li ~\C>'"
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DIVISION OF MANAGEMENT SERVICES
Mr. Roberts discussed transmittal of the Fiscal Year
1998 Budget from the Administration to the Board of County
Commissioners. The Board took no official action.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman discussed the
following items: FEMA Compliance; H.E.I. Rewrite; Point System
Allocation; Vacation Rentals; Commercial ROGO; Signs; Traffic
Moratorium on Big Pine Key and maybe on Plantation Key, Windley
Key, Upper Matecumbe, Tea Table, Lower Matecumbe, Duck Key and
Grassy Key; New LDR's; the Wastewater Master Plan; Zoning Maps;
Stormwater Master Plan; Cesspit Identification/Elimination
Program; A survey of 316 jurisdictions concerning their cost to
hook up to a central sewage system; and the estimated cost for
compliance with Monroe County Ordinance No. 003-1997 Operating
Permit Program.
Growth Management Director, Bob Herman; Charles
Pattison, Director of Resource Planning and Management with the
Florida Department of Community Affairs; Theresa Tinker, Aide
with the Governor's Office and George Garrett, Marine Resources
Director addressed the Board concerning approval of a Memorandum
of Understanding (MOU) between the Florida Department of
Community Affairs (DCA), the Florida Department of Environmental ~
Protection (DEP) , the Florida Department of Health (DOH) and
Monroe County to document the individual and collective
responsibilities of the above parties to implement a coordinated
review process regarding wastewater disposal permits and
development permits for new residential development in the
Florida Keys as required under Administration Commission Rule No.
28-20.100, Comprehensive Plan - Part II (34) Policy 101.2.13 and
as directed in Executive Order Number 96-108. This document will
serve as an interim Permit Allocation System for new residential
development.
The following individuals also addressed the Board:
Charles Brooks, representing the Upper Keys citizens'
Association; David Holtz, Bill Smith, representing the Florida
Keys Contractor's Association; H. T. Pontin, representing the
Ramrod Key Yacht Club; Denise Werling, Jack Wedge, Debra
Harrison, representing the World wildlife Fund, Captain Charles
Mills, representing the Monroe County Improved Subdivision
Residents Homeowners Association; Charles Causey, representing
the Florida Keys Environmental Fund; Eugene Shinkevich,
representing the Florida Keys Citizens' Coalition; and Nora
Williams, representing Operation Sewage. Clerk of Court, Danny
L. Kolhage read a letter into the record from the Law Firm of
Mattson & Tobin.
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Motion was made by Commissioner
Commissioner London granting approval and
of the above Memorandum of Understanding.
taken with the following results:
Freeman and seconded by
authorizing execution
Roll call vote was
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
Land Use Council, Robert Apgar updated the Board on the
2010 Comprehensive Plan process/18 Mile Stretch. Motion was made
by Commissioner London and seconded by Commissioner Harvey to
allow up to $20,000.00 for Mr. Apgar to represent Monroe County
concerning the 18 Mile Stretch appeal. Roll call vote was taken
with the following results:
Commissioner Freeman No
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
COMMISSIONERS' ITEMS
Commissioner Harvey discussed amending Ordinance No.
03-1997 to allow a neighborhood waiver from having to update
their septic systems and appointing a local citizens task force.
It is anticipated that the sudden demand would be temporarily
delayed when the community shows good faith in cooperating.
County Attorney, James T. Hendrick and Marine Resources Director,
George Garrett addressed the Board. The following individuals
also addressed the Board: Captain Mills; Eugene Shinkevich; Nora
Williams, representing Operation Sewage; Jack Wedge; Joel Carmel,
representing the Upper Keys Citizens Association; David Munn and
Charles Brooks, representing the Upper Keys citizens Association.
After Board discussion, motion was made by Commissioner
Harvey and seconded by Commissioner London directing Staff to
draft a Resolution creating a citizens committee consisting of
four appointees from each Commissioner from the unincorporated
area of Monroe County, requesting the Committee to submit a list
of issues to be considered by the Committee to the Board for
approval and requesting the Board of County Commissioners to send
the names of their appointees to the County Administrator.
Motion carried unanimously.
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GROWTH MANAGEMENT DIVISION
Roger Braun, Executive Director of the Monroe County
Housing Authority; Jack Teague, Environmental Administrator of
the County Health Department; Growth Management Director, Bob
Herman; Charles Brooks, representing the Upper Keys citizens
Association addressed the Board concerning the funding plan and
implementation plan for very low and low income homeowners.
Motion was made by Commissioner Harvey and seconded by
Commissioner Freeman to adopt the following two Resolutions:
Resolution approving the Monroe County Housing
Authority to be the Administrator of the pending housing grant,
Community Development Block Grant Program, Department of
Community Affairs.
RESOLUTION NO. 256-1997
See Res. Book No. 135, which is incorporated herein by reference.
Resolution authorizing the execution of a Memorandum of
Understanding with the Monroe County Housing Authority and
adopting the funding plan and implementation plan for very low
and low income homeowners reference County Ordinance 03-1997.
RESOLUTION NO. 257-1997
See Res. Book No. 135, which is incorporated herein by reference.
Motion carried unanimously.
COMMISSIONERS' ITEMS
Annik Dowsett and Lauren Dowsett addressed the Board
concerning the status of Case #95-10028; legal fees to date in
Case #95-10028; County requirements for issuance of C.O. on the
property that is the subject of the lawsuit; transcripts and/or
any other records of all discussions between Commissioners and
County Attorneys relative to the same lawsuit. County Attorney,
James T. Hendrick addressed the Board. The Board took no
official action.
SOUNDING BOARD
A. D. Griffin addressed the Board concerning
consideration to adopt a County Domestic Partnership Ordinance.
The following individuals addressed the Board: steve Smith,
representing the Monroe County Mosquito Control District; John N.
Gish, Jr., Myrtle Silver, Tom Runyan, representing the Lambda
Democrats of Key West. Clerk of Court, Danny L. Kolhage read a
letter into the record from Patricia A. Barker. Motion was made
by Commissioner Reich and seconded by Commissioner Freeman to
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refer this matter to the County Administrator for analysis and to
report back to the Board. Motion carried unanimously. * This
motion is reconsidered and withdrawn later in the meetinq.
Commissioner Reich excused herself from the meeting.
MISCELLANEOUS
Edward Busch, Commodore of the Marathon Yacht Club
addressed the Board concerning the proposed pool at the Marathon
Yacht Club. Nancy Graham, representing the American Red Cross
addressed the Board. Motion was made by Commissioner London and
seconded by Commissioner Harvey to postpone this item to the next
Marathon Board Meeting and requested the Yacht Club to submit
their plans to the Growth Management Division. Motion carried
unanimously with Commissioner Reich not present.
SOUNDING BOARD
The previous motion concerning a Domestic Partnership
Ordinance is withdrawn because of the Board's policy not to
consider motions on Sounding Board items. However, the matter
was referred to Staff.
COMMISSIONERS' ITEMS
Commissioner Harvey discussed naming the new terminal
annex currently under construction at the Key West International
Airport be named "The Adam Arnold Annex". Doris Arnold addressed
the Board. Motion was made by Commissioner Harvey and seconded
by Commissioner London to name the new terminal annex at the Key
West International Airport "The Adam Arnold Annex". Motion
carried unanimously with Commissioner Reich not present.
MONROE COUNTY SHERIFF DEPARTMENT
Major steve Casey representing the Monroe County
Sheriff's Department and Dean Rollings, CEO of the Florida
Straits Conch Company presented the Board with a conceptual
proposal regarding a new program for trustee training on a Conch
Grow Out Farm at the Monroe County Detention Center on Stock
Island. Growth Management Director, Bob Herman addressed the
Board. Commissioner Reich was not present. The Board took no
official action.
MISCELLANEOUS BULK APPROVALS
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Linda Yorde addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner London granting
approval to remove surplus items from inventory, dispose of same
and advertise for bids. Motion carried unanimously with
Commissioner Reich not present. Said inventory listing is
incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner London discussed a letter from G. Spencer
Myers concerning possible incentive and motivation for small
businesses to recycle. Clark Lake, Director of Solid Waste
Management and Richie Moretti, representing the Turtle Hospital
in Marathon, addressed the Board. The Board took no official
action.
Commissioner Reich returned to the meeting.
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman to postpone to the September Board Meeting a
request by Mel and Carmelita Gossard to discuss amateur radio
equipment that was approved by the Board of County Commissioners.
Motion carried unanimously.
COUNTY ATTORNEY
The Board discussed adoption of a Resolution approving
a Beneficial Use Recommended Order of the Hearing Officer for
construction of a single family home on Sunset Bay SUbdivision in
Grassy Key. Ashley Adams, representing the Grassy Key Homeowners
Association and Richie Moretti, representing the Turtle Hospital
addressed the Board. Motion was made by Commissioner London and
seconded by Commissioner Freeman to adopt the following
Resolution approving the Beneficial Use Recommended Order of the
Hearing Officer, subject to certain specified revisions, in the
case of Coconut Grove Bank, as Trustee for Stuart Marr and Harley
Davidson, for the construction of one single family home on each
of Lots 1, 2 & 3, Block lA, Sunset Bay Subdivision, Grassy Key.
Roll call vote was taken with the following results:
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich Yes
Mayor Douglass No
Motion carried.
RESOLUTION NO. 258-1997
See Res. Book No. 135, which is incorporate herein by reference.
R~
97/174
GROWTH MANAGEMENT DIVISION
Motion was made by Commissioner Freeman and seconded by
Commissioner London granting approval and authorizing execution
of a Cooperative Agreement between Monroe County and the South
Florida Water Management District for funding the Monroe County
Sanitary Wastewater Master Plan. Roll call vote was taken with
the following results:
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
Motion was made by Commissioner Freeman and seconded by
Mayor Douglass granted approval and authorizing execution of a
contract between Monroe County and CH2MHill, Inc., to complete
the Monroe County Sanitary Wastewater Master Plan. Roll call
vote was taken with the following results:
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
Motion was mae by Commissioner Freeman and seconded by
Commissioner Harvey granting approval and authorizing execution
of Amendment 2 of the Contract between Monroe County and
CH2MHill, Inc., for the completion of the Marathon Wastewater ~
Facilities Plan and an assessment of AWT Technologies available
for wastewater treatment plants. Roll call vote was taken with
the following results:
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
Motion was made by Commissioner London and seconded by
Commissioner Freeman granting approval and authorizing execution
of Amendment 3 to Contract SP333 between Monroe County and the
Florida Department of Environmental Protection, for the
completion of the Marathon Wastewater Facilities Plan and an
97/175
assessment of AWT technologies available for wastewater treatment
plants. Roll call vote was taken with the following results:
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
Motion was made by Commissioner London and seconded by
Commissioner Freeman granting approval and authorizing execution
of a Contract between Monroe County and the South Florida Water
Management District (SFWMD) for the development of a Stormwater
Management Master Plan for the unincorporated areas of the
Florida Keys. Roll call vote was taken with the following
results:
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
Timothy J. McGarry, Director of Planning addressed the
Board concerning the Annual Public Assessment of the Public
Facilities Capacity for I997. Motion was made by Commissioner
London and seconded by Commissioner Harvey approving the report
as prepared by the Monroe County Planning Department, dated July
1997. Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
County Administrator, James Roberts addressed the Board
concerning payment for Coopers and Lybrand. Motion was made by
Commissioner London and seconded by Commissioner Harvey granting
approval of payment, after the fact, for Coopers and Lybrand
meeting of 7/1/97, including Committee members and Division
Directors. Motion carried unanimously.
CONSENT AGENDA/BULK APPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman to advertise a Request for Proposals (RFP)
for Geographic Information System (GIS) hardware and the members
of the review panel. Motion carried unanimously.
97/176
Mayor Douglass excused himself from the meeting.
GROWTH MANAGEMENT DIVISION
County Attorney James T. Hendrick gave an update on
legal issues including Vested Rights Order, Private Property
Rights Ordinance and the Wollard's case. Motion was made by
Commissioner London and seconded by Commissioner Freeman granting
approval and authorizing execution of the stipulation for stay of
Claim between Monroe County, Amy Brigham Boulris, Counsel for the
Wollards, and Florida Department of Community Affairs. Motion
carried unanimously with Mayor Douglass not present.
Mayor Douglass returned to the meeting.
Growth Management Director, Bob Herman discussed
Vacation Rentals. Motion was made by Commissioner Freeman and
seconded by Commissioner London granting approval to transfer
$10,000 from contingency for the defense of the Transient Rental
Ordinance. Roll call vote was taken with the following results:
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich No
Mayor Douglass Yes
Motion carried.
Mr. Hendrick discussed the Coca-Cola case, the proposed
Recreational Vehicle Ordinance and the City of Key West
Comprehensive Plan litigation.
Motion was made by Commissioner Harvey and seconded by
Mayor Douglass to add to the Agenda approval to purchase a kiosk
for the Harvey Government Center at Historic Truman School.
Motion carried unanimously.
Motion was made by Commissioner Harvey and seconded by
Commissioner London to authorize the purchase and installation of
a kiosk at The Harvey Government Center at Historic Truman School
in the amount of $8,000. Roll call vote was unanimous.
DIVISION OF MANAGEMENT SERVICES
Motion was made by Commissioner London and seconded by
Commissioner Freeman granting approval to accept a proposal from
Arthur J. Gallagher to provide airport liability insurance at an
annual premium of $54,382. Motion carried unanimously.
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MONROE COUNTY HOUSING AUTHORITY
Motion was made by Commissioner Freeman and seconded by
Mayor Douglass to adopt the following Resolution as the
designation of the County's Community Development Plan pursuant
to the u.s. Housing and Community Development Act of 1974, as
amended, reference to the participation in the state's Small
Cities Community Development Block Grant Program. Motion carried
unanimously.
RESOLUTION NO. 259-1997
See Res. Book No. 135 which is incorporated herein by reference.
COMMISSIONERS' ITEMS
Commissioner Harvey discussed the publicity citing no
inspections of Monroe County beaches and waterways for water
quality. County Administrator, James Roberts addressed the
Board.
Commissioner Freeman updated the Board on the progress
of the Monroe Council of the Arts Corporation.
COUNTY ADMINISTRATOR
Commissioner Douglass discussed the consideration of a
County-wide visioning process with instructions to Staff on
whether to include funds in the proposed fiscal year 1998 budget.
Motion was made by Mayor Douglass to budget $83,130 for a
visioning process in the 1997-98 Fiscal Year. After Board
discussion, the motion was withdrawn.
COMMISSIONERS' ITEMS
Commissioner London discussed permits for upgrading
commercial buildings.
COUNTY ATTORNEY
County Attorney, James T. Hendrick discussed the 3rd
quarter report on the criminal cost containment program where
there have been $20,000 in fees reduced; $3,500 in bad bonds and
$30,000 in bond estreatures paid to the County.
Mr. Hendrick and Community Services Director, Peter
Horton addressed the Board. Motion was made by Commissioner
London and seconded by Commissioner Freeman to adopt the
following Resolution amending Section 4{d} of Resolution No. 405-
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1990 as amended by Resolution No. 257-1993, in order to provide
that temporary taxi, limousine and courtesy vehicle permits are
only available to a vehicle eight times per calendar year; and
providing an effective date. Motion carried unanimously.
RESOLUTION NO. 260-1997
See Res. Book No. 135 which is incorporated herein by reference.
Mr. Horton addressed the Board. Motion was made by
Commissioner Freeman and seconded by Commissioner London to adopt
the following Resolution, as amended, amending section 1 of
Resolution No. 405-1990 to provide an additional definition;
Amending Section 4(c) of Resolution No. 405-1990, as amended by
Resolution No. 257-1993, in order to require the disclosure of
all ownership and leasehold interests in vehicles for which a Key
West International Airport Taxi/Limousine permit is sought,
providing that certain additional parties be listed as approved
drivers on the taxi (limo) auto liability policies; and providing
for an effective date. Said amendment as follows:
Section 2. (c) Paragraph 2, Sentence 3: Delete the
words "controlling stockholder" and replace with the words
"officers and directors" and delete the entire last sentence in
the paragraph.
Section 2. (c) Paragraph 3, Sentence 3: Replace the
word "approved" with the word "insured" in the paragraph.
Motion carried unanimously.
RESOLUTION NO. 261-1997
See Res. Book No. 135 which is incorporated herein by reference.
Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval and authorizing execution of
Amendment 1 Artificial Reef Preparation and Transport Agreement
between Monroe County and The Legendary Key Largo Chamber of
Commerce (KLCC) for the Spiegel Grove artificial reef to extend
the time of performance to 12/31/97 and to clarify certain
insurance issues. Motion carried unanimously.
SHERIFF'S DEPARTMENT
Motion was made by Commissioner Freeman and seconded by
Commissioner Harvey granting approval of a request for
expenditures from the Law Enforcement Trust Fund in the amount of
$85,762.48 as follows:
$1,520.00
To purchase ID 2000 Invisible Security
Markers.
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1,760.00
To sponsor the "Kid Care ID" program.
2,828.90
To purchase a "McGruff" costume.
23,000.00
The approximate cost of equipment needed
to implement a "Wide Area Network".
2,882.00
To purchase two laptop computers.
3,163.00
To purchase an automatic external
defibrillator.
50,608.58
To have a complete overhaul of the
avionics of the Bell Jet Ranger
helicopter and improvements to the
avionics package on the Beechcraft.
Motion carried unanimously.
There being no further business to come before the
Board, the meeting was adjourned.
Danny L. Kolhage
Clerk to the Board of County
Commissioners of Monroe County
~~C. ~t\~
Deputy Clerk I