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12/10/1997 Regular 97/322 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 10, 1997 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 Commissioners Keith Douglass, Shirley Freeman, Mary Kay Reich and Commissioner Wilhelmina Harvey. Absent was 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 by Commissioner Freeman granting approval Corrections, and Deletions to the Agenda. unanimously. Douglass and seconded of Additions, Motion carried PRESENTATION OF AWARDS A Presentation of the National Weather Service 1997 Excellence in Emergency Management Award was given to Mr. Billy Wagner, Monroe County Emergency Management Director. Employee of the Month Award for the month of March, 1997 was presented to Al Lancon, Senior Animal Control Officer Trainer with the Animal Control-Public Works Division. Employee of the Month Award for the month of November, 1997 was presented to Robert Parks, Maintenance Technician at the Marathon Airport-Community Services Division. COUNTY ADMINISTRATOR Attorney Thomas F. Gustafson, gave a presentation to the Board for the purpose of preparing Monroe County to participate in an Urban Greenways Program to improve the transportation corridor through the County and local 97/323 transportation capabilities Key by Key; and to position the County regionally for the acquisition of significant Federal and state dollars to achieve these purposes. After Board discussion, Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing the execution of an Agreement with the firm of Gustafson, Tilton, Henning & Metzger, P.A. for Monroe County to participate in the Urban Greenways Program. Roll call vote was unanimous. COMMISSIONERS' ITEMS Representative John F. Cosgrove addressed the Board concerning his interest in issues affecting Monroe County. Commissioner Reich excused herself from the meeting. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Sec. 6-56(12), Glazing Specialty Contractor by the addition of wood window frame installations; 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. Roll call vote was unanimous, with Commissioner Reich not present. ORDINANCE NO. 053-1997 See Ord. Book No. 45 which is incorporated herein by reference. Commissioner Reich returned to the meeting. A Public Hearing was held concerning adoption of an Ordinance repealing Monroe County Code Sec. 6-56(e), Concrete- Work Engineering Contractor as the specialty is defined under Masonry Specialty Contractor, Sec. 6-56(20); 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. Roll call vote was unanimous. ORDINANCE NO. 054-1997 See Ord. Book No. 45 which is incorporated herein by reference. Commissioner Freeman excused herself from the meeting. 97/324 Public Hearings were held concerning adoption of the following Ordinances with no public input: An Ordinance amending Ordinance No. 016-1997, in order to include Roofed Sheathing in the adoption of the latest revision of ASCE, Standard #7, wind engineering; 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. ORDINANCE NO. 055-1997 See Ord. Book No. 45 which is incorporated herein by reference. An Ordinance amending Sec. 6-59{II) Monroe County Code in order to require testing of Drywall Specialty Contractors to correspond to new state requirements and to clarify those specialties not required to have a technical test; 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. ORDINANCE NO. 056-1997 See Ord. Book No. 45 which is incorporated herein by reference. An Ordinance amending Sec. 6-16.1(9), Monroe County Code, by an Ordinance adopting the 1997 edition of the "Florida Accessibility Code for Building Construction" as the code applicable in the unincorporated areas 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. ORDINANCE NO. 057-1997 See Ord. Book No. 45 which is incorporated herein by reference. An Ordinance amending Sec. 6-90(5) and 6-90(6), Monroe County Code, concerning Appeals to the Contractors Examining Board; 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. ORDINANCE NO. 058-1997 See Ord. Book No. 45 which is incorporated herein by reference. An Ordinance amending Sec. 6-206, Monroe County Code, by an Ordinance adopting the 1997 Standard Gas Code as the code applicable in the unincorporated areas of Monroe 'County, Providing for severability; Providing for the repeal of all ~- 97/325 Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. ORDINANCE NO. 059-1997 See Ord. Book No. 45 which is incorporated herein by reference. An Ordinance amending Sec. 6-271(a), Monroe County Code, by an Ordinance adopting the 1997 Standard Plumbing Code as the Code applicable in the unincorporated areas 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. ORDINANCE NO. 060-1997 See Ord. Book No. 45 which is incorporated herein by reference. An Ordinance amending Sec. 6-16(a) Monroe County Code, by an Ordinance adopting the 1997 Standard Building Code with the Appendix C as the code applicable in the unincorporated areas 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. ORDINANCE NO. 061-1997 See Ord. Book No. 45 which is incorporated herein by reference. An Ordinance amending Sec. 6-256, Monroe County Code, by an Ordinance adopting the 1997 Standard Mechanical Code as the code applicable in the unincorporated areas 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. ORDINANCE NO. 062-1997 See Ord. Book No. 45 which is incorporated herein by reference. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to adopt the above Ordinances. Roll call vote was unanimous, with Commissioner Freeman not present. Commissioner Freeman returned to the meeting. A Public Hearing was held on an Ordinance providing for definition of establishment dealing in alcoholic beverages; Prohibiting public nudity or simulated public nudity and various acts of sexual conduct or simulated sexual conduct in establishments dealing alcoholic beverages; Prohibiting a person owning, maintaining or operating an establishment dealing in 97/326 alcoholic beverages from suffering or permitting public nudity, any simulation thereof, certain sexual acts and simulation thereof; providing for penalties; providing that this ordinance is effective in the unincorporated areas of Monroe County, Florida, 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. County Attorney, James T. Hendrick addressed the Board. The Board accepted public input with the following individuals addressing the Board: Craig Geary, John Ginesi, Shirley Mason, representing the Naturist Action Committee; Timothy Anacreto, Lynn Mapes, Thomas Wood, Bob Coffey, John Weibler, Adam Monroe, Janie Anderson, Terry Walters, Gary Roberts, John Brunicon, Nathan Steury, Glenn Robinson, Bob Wheeler, David Howell, Robert Orledge, Walter Deary, Thomas Styer, Barbara A. Silcox, Nancy Wozab, Gary Wood, Joe Sora, Kevin Baker, Betty Vail, Alfred Smolka and Joanie Nelson, Sam Nelson. The Clerk read into the record a letter from Larry Heeldryer. After discussion, motion was made by Commissioner Harvey to table the item for (90) ninety days. Motion died for lack of a second. Captain Bon peryman representing the Monroe County Sheriff's Office addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to deny the item. Roll call vote was taken with the following results: Commissioner Douglass No Commissioner Freeman Yes Commissioner Reich Yes Mayor Pro Tem Harvey No Motion failed. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to adopt the above Ordinance, as amended. Roll call vote was taken with the following results: Commissioner Douglass Yes Commissioner Freeman No Commissioner Reich No Mayor Pro Tem Harvey Yes Motion failed. MISCELLANEOUS Gary Donn, Director of Planning and Programs with the Florida Department of Transportation gave a presentation to the Board of the tentative work program for fiscal years 1998/99 through 2002/2003. The following individuals addressed the Board: Adam Kosloesky, Barry Patterson, Assistant City Manager 97/327 for the City of Key West, John Jones; Charles Brooks, Jim Malcolm, Christine Gorham, Darren Guttman, Robert Schneider, Eugene Shinkevich, William Padfield. The Clerk read into the record a letter from Jill Patterson. County Attorney, James T. Hendrick and County Administrator, James Roberts also addressed the Board. The Board took no official action. * * * * * 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 and Chairman Keith Douglass. Absent was Mayor Jack London. Motion was made by Commissioner French and seconded by Commissioner Harper authorizing the execution of a Renewal Agreement between Monroe County as the Board of Governors, Lower and Middle Keys Fire and Ambulance District and Fire-Tech Repair Service, Inc., concerning testing, maintenance and repair of fire rescue apparatus. Commissioner French discussed the status of the Length of Service Award Program (LOSAP). 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. BULK APPROVALS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval of the following items by unanimous consent: Board granted approval for the purchase of two (2) Type ,...- 97/328 A Cargo Vans from the Florida state Contractor Duval Ford in the amount of $15,264 per unit. Board granted approval and authorized execution of a Modification to Contract between Monroe County and Gomez Construction Company amending Article III Contract Time, paragraph 3.1.1, for the Plantation Key Detention Facility. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and The Nature Conservancy, Florida Department of Transportation, Florida Department of Environmental Protection, Girl Scouts of America and Boy Scouts of America regarding the removal of invasive exotics on West Summer land Key. Board granted approval to trade in the Road Department's two 1987 Chevy Trucks, one 1988 Chevy Truck and three 1985 drilling rigs and purchase two new Simco 2400-SK1 drilling rigs in the amount of $25,440 from Toney Drilling Supplies, Inc., including freight and installation. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Davis Water Analysis, Inc., for the operation and maintenance service contract of the Wastewater Treatment Facility located at the Monroe County Detention Center for an amount of $152,900.04. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Dade Restaurant & Repairs, Inc., for the preventative Maintenance service contract for the kitchen equipment located at the Monroe County Detention Center for an amount of $3072 per year. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Sub Zero. Inc., for the preventative maintenance service contract for the kitchen refrigeration equipment located at the Monroe County Detention Center for an amount of $3200 per year. Board granted approval to advertise for bids for a contract to provide inspection, testing and certification of the fire alarm and smoke control system located within the Monroe County Detention Facility, and fire alarm system located within the Sheriff Administration Building. Board granted approval to continue the Lease Agreement between Monroe County and Loma Alto Associates, on a month to month basis, for office space for the Marathon State Attorney, in the amount of $1,972.63 per month. Board granted approval to enter into a Lease Agreement between Monroe County and Indian Waterways Village Limited 97/329 Liability Partnership for office space for the Plantation Key Public Defender, for the amount of $1,350 per month (same cost as last year). Board granted approval to purchase one 60-24 modular trailer from The Scotsman Group for the Plantation Key Sheriff Criminal Investigation Unit, for the amount of $25,000. Board granted approval of award of bid and authorized execution of a Contract Agreement between Monroe County and Ace Building Maintenance in the amount of $2,340 per month to provide janitorial service at the Public Service Building. Board granted approval and authorized execution of Amendment to Contract and authorized the Facilities Maintenance Director to negotiate a price for janitorial service for the Lester Building with Island Angles, Inc., (the janitorial contractor currently providing service at the Jackson Square Complex). Board granted approval and authorized execution of a Contract Agreement between Monroe County and Windswept AIC & Appliance, for central alc repair - Middle Keys facilities, in an amount not to exceed $15,000 per year. Board granted approval and authorized execution of a Renewal Agreement between Monroe County as the Board of Governors for Municipal Services Taxing District 6 and Fire-Tech Repair Service, Inc., concerning testing, maintenance and repair of fire rescue apparatus Board granted approval and authorized execution of Amendment #1 to the Group Health Insurance Plan Document to comply with the Mental Health Parity Law and the Health Insurance Portability and Accountability Act. Board granted approval and authorized execution of a Contract between Monroe County and the Historic Florida Keys Foundation, Inc. Board granted approval and authorized execution of the Certificate of Acceptance for the FY 98 Anti-Drug Abuse Grant Award for a Juvenile Community Intervention Program and the Sub- Contract for the implementing agency. Board adopted the fOllowing Resolutions: Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 1) RESOLUTION NO. 455-1997 See Res. Book No. 136 which is incorporated herein by reference. 97/330 Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 2) RESOLUTION NO. 456-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 3) RESOLUTION NO. 457-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 4) RESOLUTION NO. 458-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. COMB Schedule Item Number 5) RESOLUTION NO. 459-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. COMB Schedule Item Number 6) RESOLUTION NO. 460-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 7) RESOLUTION NO. 461-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 8) RESOLUTION NO. 462-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 9) RESOLUTION NO. 463-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 10} RESOLUTION NO. 464-1997 97/331 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 11) RESOLUTION NO. 465-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 12) RESOLUTION NO. 466-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 13) RESOLUTION NO. 467-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 347-1997. (OMB Schedule Item Number 14) RESOLUTION NO. 468-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 15) RESOLUTION NO. 469-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 16) RESOLUTION NO. 470-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 17) RESOLUTION NO. 471-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 18) RESOLUTION NO. 472-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 358-1997. (OMB Schedule Item Number 19) 97/332 RESOLUTION NO. 473-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 359-1997. COMB Schedule Item Number 20) RESOLUTION NO. 474-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 360-1997. COMB Schedule Item Number 21) RESOLUTION NO. 475-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 357-1997. COMB Schedule Item Number 22) RESOLUTION NO. 476-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 361-1997. COMB Schedule Item Number 23) RESOLUTION NO. 477-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 362-1997. COMB Schedule Item Number 24) RESOLUTION NO. 478-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 363-1997. COMB Schedule Item Number 25) RESOLUTION NO. 479-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution amending Resolution No. 364-1997. COMB Schedule Item Number 26) RESOLUTION NO. 480-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. COMB Schedule Item Number 27) RESOLUTION NO. 481-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated 97/333 Funds. (OMB Schedule Item Number 28) RESOLUTION NO. 482-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 29) RESOLUTION NO. 483-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 30) RESOLUTION NO. 484-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 31) RESOLUTION NO. 485-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 32) RESOLUTION NO. 486-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item Number 33) RESOLUTION NO. 487-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item Number 34) RESOLUTION NO. 488-1997 See Res. Book No. 136 which is incorporated herein by reference. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation to fund the Commercial Apron Project at the Key West International Airport, Contract No. AF 373. Board granted approval to extend the Agreement between Monroe County and the Anderson Outdoor Advertising, on a month- to-month basis, for 12 months, or until the Key West Terminal renovation is complete. 97/334 Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation to fund the General Aviation Apron Project at the Key West International Airport, Contract No. AF 374. Board granted approval for Golden Wings, Inc., to commence a Biplane Ride business at the Marathon Airport FBO, on a month-to-month basis pending an operation agreement. Board granted approval to commence Phase II toward the completion of the Multipurpose area of the new Key West International Airport Terminal Annex Building. Board granted approval and authorized execution of the Contract for the Older Americans Act 1998 funding between Monroe County and the Alliance for Aging, Inc. Contract KG-851. Board granted approval and authorized execution of Amendment #0001 to Contract KG019 between Monroe County/In-Home Services and the Florida Department of Children and Families. Board granted approval and authorized execution of Home and Community Based Services (HCBS) Medicaid Waiver Referral Agreement between Monroe County/In Home Services, the case Management Agency, and Visiting Nurse Association of the Florida Keys. Board granted approval and authorized execution of an Agreement between Monroe County and the Guidance Clinic of the Middle Keys, serving as the Community Transportation Coordinator for the State of Florida. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Department of Community Affairs concerning the Emergency Management Base Grant, Contract Number 98CP-05-11-54-01-044, (9G-19 Rule). Board granted approval to remove surplus items from inventory and advertise for bids, dispose, accept highest bids and accept trade-ins. Said Schedule is incorporated herein by reference. Board granted permission to close the Key West, Marathon and Key Largo Library on December 24 and December 31 at 6:00 PM instead of 8:00 PM. Board granted approval of the placement of a temporary trailer at the Key West International Airport to house Emergency Rescue Fire Personnel. Board adopted the following Resolution concerning the 97/335 Transfer of Funds. (OMB Verbal Add-On Item Number 1) RESOLUTION NO. 489-1997 See Res. Book No. 136 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Verbal Add-On Item Number 2) RESOLUTION NO. 490-1997 See Res. Book No. 136 which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval to advertise a request for proposal (RFP) for a Public Relations Agency. Board granted approval and authorized execution of a Destination Funding Agreement between Monroe County and the Florida Keys Corvette Club covering "Corvettes In Paradise" on November 6-7, 1998, in an amount not to exceed $5,000, FY '98, Third Penny DAV IV allocation. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 491-1997 See Res. Book No. 136 which is incorporated herein by reference. Board granted approval and authorized execution of Amendment to Agreement between Monroe County and the Key West Fishing Tournament covering Key West & Lower Keys Fishing Tournament, event allocated under the Fishing Umbrella, in an amount not to exceed $58,000 to change dates of the event to April 25-26, 1998. Board granted approval and authorized execution of an Agreement between Monroe County and the Key Largo Economic Development Council, Inc., to provide the Monroe County Tourist Development Council DAC V with the final strategic community plan produced by the Design Studios West, Inc., including the analysis of site inventory, opportunities and constraints, economics (including the market reconnaissance and community compatibility analysis), in an amount not to exceed $9,000, FY '98, DAC V, Third Penny. Board granted approval and authorized execution of an Agreement between Monroe County and Smith Travel Research, Inc., in an amount not to exceed $3,600. 97/336 LAND AUTHORITY (SITTING AS COUNTY COMMISSION) Board granted approval and authorized execution of a Contract Addendum to extend a land acquisition grant from the Florida Communities Trust, Proposal Number 95-001-CS3. CONSENT AGENDA / BULK APPROVALS Board granted approval and authorized execution of a Service Agreement between Monroe County and Harward Technical Enterprises, Inc., and Monroe County providing for standard software service on the AS/400 applications for a period of 12 months. The 12 month service provided by this agreement extends from November 1, 1997 through October 31, 1998. Board granted approval to advertise an Ordinance adopting the 1996 Edition of the National Electric Code. Board granted approval to advertise an Ordinance adopting the 1997 Edition of the Florida Energy Efficiency Code for Building Construction. Board granted approval one Affordable Housing Deed Restriction, two transfers of buildable lots to Monroe County by Warranty Deed, and three covenants restricting the property owner to having only one dwelling unit on two contiguous lots. Pursuant to Ordinance No. 016-1992 these documents have been filed by the applicants receiving dwelling unit allocation awards for the quarter ending on October, 1997: 1 AFFORDABLE HOUSING DEED RESTRICTION Permit No. Name on Deed Restriction 97-1-1181 Mike Coppola 2 PEOPLE DEDICATING 2 LOTS TO MONROE COUNTY Permit No. Name on Warranty Deed Leqal Description 97-1-509 Melvin E. Strahosky Lot 3, Block 5 Torch Key Estates 97-1-408 Matthew Henderson Melissa S. Gable Lot 20, Block 3 Palm Villa 97/337 3 RESTRICTIVE COVENANTS FOR CONTIGUOUS LOTS 97-2-1053 Robert C. Ohlman Lots 98, 100, East 1/2 of 101, Block 1, Tom's Harbor Yacht Club Island 97-2-1054 Donald & Darby Wathne Lot 15, 16, 17, Block 60, Crains 97-1-1434 Kim Hayward Fisher Juanita Lee Fisher Lots 14, 15 Block 4, Key Haven, 10th Add. Board granted approval of a Flood Variance Application of Varuna, Inc. for a detached 1344 SF detached garage below base flood elevation for parking only on property located on lot 13, block 1, Isle of Key Largo, Florida. Board granted approval of a Flood Variance Application of Carl Lindback for a detached 1103 SF garage below base flood elevation for parking only on property located on Lot 5, Block 12, Stratton's Subdivision, Upper Matecumbe Key, Florida. Board granted approval of a Flood Variance Application of John & Jacqueline Lanciault for a detached 360 SF garage below base flood elevation for parking only on property located on Lot 6, Block 5, Eden pine Colony, Big pine Key, Florida. Board granted approval of a Flood Variance Application of Hawk's Cay Investor's for a detached 110 SF gate house below base flood elevation on property located on Lots 5 - 25, Block 8, Indies Isle, Duck Key, Florida. Board granted approval of one Affordable Housing Deed Restriction and one transfer of buildable lots to Monroe County by Warranty Deed.Pursuant to Ordinance No. 016-1992 these documents have been filed by the applicants receiving dwelling unit allocation awards for the quarter ending on October 13, 1997: Permit No. Name on Warrantv Deed Leqal 97-1-1072 John J. Giambalvo Lot 19, 97/338 Joan Giambalvo Block 7 Palm Villa Permit # Name on Deed Restriction 97-1-1391 Mike Coppola MONROE COUNTY HOUSING AUTHORITY Board confirmed Governor Lawton Chiles appointment of Bruce J. Williams and David P. Rice to the Monroe County Housing Authority Board of Commissioners. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of disposition of inventory items for Fiscal Year 97. Said listing is incorporated herein by reference. . COMMISSIONERS' ITEMS Board granted approval of Mayor London's appointment of Laura Scheimann to the Commission for the status of Women. Fulfilling term of Meredith Bliss-Troxel. Board adopted the following Resolution in recognition of the late Allan L. Hampton. RESOLUTION NO. 492-1997 See Res. Book No. 136 which is incorporated herein by reference. Board granted approval for award for outstanding volunteer service to Mel and Carmel ita Gossard. Board granted approval and authorized execution of the Contract for Misdemeanant Offender Supervision Services provided by the Salvation Army between Monroe County, on behalf of the Chief Judge and the Salvation Army. COUNTY ADMINISTRATOR Board confirmed the Administrator's appointment of the new Human Resources Director, Sheila Barker. Board granted approval and authorized execution of a Lease between Monroe County and the United States Department of the Navy for the Commissary building in the City of Key West. 97/339 Board adopted the following Resolution for Obtaining Real Property for Historic Monument Purposes for the Commissary building in Key West, (Certificate of Authority.) RESOLUTION NO. 493-1997 See Res. Book No. 136 which is incorporated herein by reference. 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 $2,100.00; Leslie Morgan, in the amount of $2,400.00; Guillermo Marcovici, M.D., in the amount of $2,250.00; Guidance Clinic of the Middle Keys, in the amount of $500.00; Thomas Hibberd, in the amount of $950.00. WITNESS COORDINATION, Travel & Per Diem, in the amount of $1,796.22. COURT ORDERED ATTORNEY CONFLICT, Laurie Hall, in the amount of $350.00; Candida Cobb, in the amount of $1,050.00; Cunningham & Albritton in the amount of $4,502.50; Gregory Davila, in the amount of $2,430.00; Manuel Garcia, in the amount of $5,175.00; Jason Smith, in the amount of $25,350.00; Richard Behr, in the amount of $1,590.00; Carl Palomino, in the amount of $1,959.75; Meyer & Erskine, in the amount of $350.00; Gregory Davila, in the amount of $6,341.26; Johnathan Druck, in the amount of $2,512.50; Mitchell Denker, in the amount of $5,940.00. TRAVEL EXPENSES, witness Travel, in the amount of $6,638.51. COURT REPORTER SERVICES, Associated Court Reporters, in the amount of $2,130.00; Florida Keys Reporting, in the amount of $859.75; Susan L. Davis, in the amount of $1,354.65; Vicky Lynn Doty, in the amount of $2,421.00; Fred Jeske, in the amount of $547.50; Amy Landry, in the amount of $76.50; Cavalier Reporting, in the amount of $164.00; Wierzbicki, in the amount of $57.50; Joe Troiano, Inc., in the amount of $33.60. COURT INTERPRETER, Thomas Lindsay, in the amount of $50.00; J.R. Alayon-Forte, in the amount of $545.00; William Waddell, in the amount of $525.00; Jose Menendez, in the amount of $1,295.00; Estrella Garcia, in the amount of $480.00; Jan Trawinski, in the amount of $30.00; Sergio Alvarez, in the amount of $455.00; Mayda Maloney, in the amount of $445.00; Grace Krulasik, in the amount of $40.00; Carolyn Scorza, in the amount of $95.00; Mary Lou Waas, in the amount of $25.00; Susan Tellez, in the amount of 97/340 $40.00; Giri Dolezal, in the amount of $70.00; Jenine Ouillette, in the amount of $25.00. MISC EXPENSE-ALL, Expenses, in the amount of $279.60. EXPERT WITNESS, Caplan Markowitz, in the amount of $100.00; Mel Black, in the amount of $345.00; County Process LA, in the amount of $120.00. COUNTY CLERK Board approved General Revenue Fund (001), in the amount of $2,440,839.12. Board officially approved the County Commission Meeting Minutes of October 15, 1997. COUNTY ATTORNEY Board granted approval of proposal for settlement and offer of judgment in Burnham v. Monroe County case no. 97-20201- CA-18, in the amount of $78,000.00. Board granted approval to advertise an ordinance that authorizes the BOCC to grant 10 year ad valorem tax exemptions for certain improvements to real property that has been designated historical, cultural or archaeological landmarks by the County or that are on the National Register of Historical Places. Procedures and criteria for granting the exemption are provided. Board granted approval to advertise an ordinance which will establish procedures for competitive bidding and procedures and criteria for the evaluation of the bids and the award of contracts based on those bids. (An updated purchasing manual will also be brought to the BOCC by OMB in January 1998 for approval so there will be no conflict between the manual and the new ordinance.) Board adopted the following Resolution revising Resolution No. 255-1997, in order to correct a scrivener's error in the legal description of an abandoned portion of an unnamed street in Kinercha SUbdivision, Big pine Key, Monroe County, Florida. RESOLUTION NO. 494-1997 See Res. Book No. 136 which is incorporated herein by reference. Motion carried unanimously. 97/341 GROWTH MANAGEMENT Ken Williams, representing CH2MHill introduced Donald Roecker who addressed the Board of his responsibilities on obtaining funding in Congress for the Marathon Wastewater Facilities Plan. Growth Management Director, Bob Herman addressed the Board. The following individuals addressed the Board concerning the Wastewater Master Plan: Jeanne Somma, Debra Harrison, representing the World wildlife Fundi Charles Brooks, Joanie Nelson, Robert SChneider, Bettye Chaplin, and Karen Farley-Wilkinson. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Resolution showing the Board's support on the initiative of the World wildlife Fund to be enacted by the 105th Congress of the United States of America. Roll call vote was unanimous. RESOLUTION NO. 495-1997 See Res. Book No. 136 which is incorporated herein by reference. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval and authorizing execution of Amendment 1 to the Contract with CH2MHill for completion of the Sanitary Wastewater Master Plan. Roll call vote was unanimous. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval of a Settlement Agreement between Monroe County and the Florida Department of Environmental Protection (FDEP) regarding contract SP333, subject to legal review and approval. Roll call vote was unanimous. COMMISSIONERS' ITEMS Attorney J. Allison DeFoor, II addressed the Board concerning the reconsideration of the adoption of an amendment to the Future Land Use Map (FLUM) filed by applicant Barry Mankowitz for the Florida Keys Medical Complex. Mr. DeFoor requested Commissioner Douglass recuse himself due to his wife's employment with Fishermen's Hospital. Assistant County Attorney Garth Coller addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to rehear the item at the Board meeting scheduled for January 1998 in Key West. Roll call vote was taken with the following results: Commissioner Douglass No Commissioner Freeman Yes Commissioner Reich Yes Mayor Pro Tem Harvey Yes 97/342 Motion carried. COMMUNITY SERVICES County Attorney, James T. Hendrick; Community Services Director, Peter Horton; and Attorney Wayne smith of the law firm of Morgan & Brookes addressed the Board concerning the proposals submitted to lease and operate the Fixed Base Operations (FBO's) at the Marathon Airport. The Board accepted public input with the following individuals addressed the Board: Ed Steigerwald, Betty Vail, Robert W. Grant, Attorney Tracy Adams, representing Air East, Inc., Carol Collins, Dick Ramsey, Kevin Feeney, Debra Grant, Joanie Nelson, Jose Gonzalez, Thomas Styer, Jim Bass, Mick Barnes, Tony D'Ainto, Pete Malone. Motion was made by Commissioner Freeman and seconded by Commissioner Reich granting approval of Staff recommendation as follows: East Facility - J.E. Steigerwald Company West Facility - Robert Grant & Brian Reed Roll call vote was taken with the following results: Commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor Pro Tem Harvey Yes Motion carried. commissioner Reich excused herself from the meeting. PUBLIC WORKS Motion was made by Commissioner Freeman and seconded by Commissioner Douglass granting approval and authorizing execution of an Amendment to tje Lease Agreement for the period of 1 month between Monroe County and John Dedek for the concession/restaurant at Higgs Beach in the amount of $1648.00 per month, (increased 3% for CPI). Roll call vote was unanimous, with commissioner Reich not present. Commissioner Reich returned to the meeting. GROWTH MANAGEMENT Planning Director, Timothy McGarry addressed the Board concerning approval of modifications to the u.S. 1 Level of Service Methodology based on recommendations of the u.S. 1 Level 97/343 of Service Task Force. John D. Zegeer, P.E., Principal/Regional Manager of Kittelson & Associates, Inc., Robert Schneider, representing the Big pine Key civic Association and Growth Management Director, Bob Herman addressed the Board. Motion was made by Commissioner Freeman and seconded by Commission~r Douglass granting approval of the modifications to the u.s. 1 Level of Service Methodology. Roll call vote was unanimous. Mr. McGarry addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of revisions to the Annual Assessment of Publib Facilities Capacity for 1997. Roll call vote was unani~ous. Jerry Barnett and Jim White addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner' Freeman to direct the Growth Management Division to issue eight (8) permits per the attached list (1 through 8) and allow the applicants 120 days to pick up their permits. Motion carried unan~mously. COMMISSIONERS' ITEMS Commissioner Douglass discussed a building permit for Steven S. Spector, M.D. Growth Management Director Bob Herman, addressed the Board. This matter was referred to Staff. PUBLIC HEARINGS A Public Hearing was held concerning approval of a workers' compensation settlement in the amount of $34,281 inclusive of attorney's fees and costs. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval of the settlemeht. Motion carried unanimously. A Public Hearing was held concerning approval of a workers' compensation settlement in the amount of $145,500 inclusive of ' attorney's fees and costs. There was no public. input. Motion was made by Commissioner Reich and seconded by Commissioner'Douglass granting approval of the settlement. Motion carried unanimously. COMMISSIONERS' ITEMS Lynda Yorde, representing the Wastewater Task Force gave a report to the Board. Charles Brooks also of the Task Force addressed the Board. The report was referred to Staff. 97/344 MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval for the 6th Annual Pirates in Paradise to be held on Sombrero Beach from May 2, 1998 through May 3, 1998 (set-up 4/29/98 - 5/1/98, clean-up 5/4/98 - 5/5/98), and to charge the following fees: $3.00/adults and $1.00/students; and also directing that future events be brought to the Board based on the $3.00 entry fee threshold. Motion carried unanimously. DIVISION OF PUBLIC WORKS Public Works Director, Dent pierce addressed the Board concerning the Harry Harris Park Athletic Fields "Turf Analysis Report". MISCELLANEOUS BULK APPROVALS / COMMISSIONERS' ITEMS Solid Waste Director, Clark Lake requested approval to advertise for sealed bids for the processing, transportation and marketing of recyclable; and such other related operations as may be available. The Board also discussed directing staff to explore the possibility of private sector implementation of the countywide recycling operation. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Douglass directing Staff to prepare draft specifications for a bid to explore the possibility of private sector implementation of the county wide recycling operation and bring back to the Board. Motion carried unanimously. SOLID WASTE MANAGEMENT Mr. Lake discussed the boat amnesty day scheduled for the weekend of December 13 & 14, 1997. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval of a request for a new position in OMB/lnformation Systems for a TV/Multimedia Specialist at Level 7, minimum salary $26,084. Roll call vote was taken with the following results: Commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor Pro Tem Harvey Yes 97/345 Motion carried. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval to waive policy and execute an Amendment to Agreement extending Diamond Detective's contract for on-site security at Duck Key Security District thru December 31, 1998. Motion carried unanimously. Lynda Yorde addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval and authorizing execution of a Professional Services Contract (Special Master's) between Monroe County and Randolph Sadtler contract to continue the current hearing system. Roll call vote was taken with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Reich No Mayor Pro Tem Harvey No Motion failed. Code Enforcement Director, Marty Arnold addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Douglass to approve an extension of the existing contract through January 1998. Roll call vote was taken with the following results: Commissioner Douglass Yes commissioner Freeman Yes Commissioner Reich No Mayor Pro Tem Harvey Yes Motion carried. CONSENT AGENDA I BULK APPROVALS Growth Management Director, Bob Herman addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Harvey to postpone to the next Marathon meeting the Flood Variance Application of Dodge Lake Enterprises for a detached 1456 SF garage below base flood elevation for parking only on property located on acreage on acreage in North Marathon Shores, Key Vaca RE#328510. Roll call vote was unanimous. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval and authorizing execution on behalf of Monroe County a Settlement Agreement with the University of Miami, Inc. regarding property described as Lots 7, 8 and 9, Indian Harbor, Plat Book 3, at page 178, in section 5, Township 63, Range 38, Public Records of Monroe County, Florida. Motion carried unanimously. 97/346 MANAGEMENT SERVICES Office of Management and Budget Director, John Carter addressed the Board and presented the newly printed Fiscal Year 1998 Budget. JUDICIAL Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval for the acceptance of a Grant Award in the amount of $103,185 under Local Law Enforcement Block Grants (LLEBG) Program (U.S. Department of Justice, Bureau of Justice Assistance). Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Pro Tem Harvey discussed a policy established that anyone appearing as an expert or advisor to the Board for a project or person not be associated with the project or person for gainful purposes. The Board took no official action. Mayor Pro Tem Harvey discussed action to be taken regarding "stupid Laws". County Administrator, James Roberts informed the Board that work was currently being done on the issue. Commissioner Douglass discussed the closure of county libraries over a four day period for the Thanksgiving and Christmas holidays. Allan Bosch, Acting Director of Public Libraries addressed the Board. The Board took no official action. Mayor Pro Tem Harvey and Mr. Roberts discussed the status of FEMA relative to the people of Monroe County. The Board took no official action. COUNTY ADMINISTRATOR County Administrator, James Roberts gave a report on the results of the survey sent to all County employees in reference to the potential effect of a Domestic Partnership Ordinance. Motion was made by Commissioner Harvey and seconded by Commissioner Reich directing Staff to prepare an appropriate Ordinance. Motion carried unanimously. COUNTY ATTORNEY County Attorney, James T. Hendrick advised the Board of the successful defense of the County's Comprehensive Land Use 97/347 Plan at the Appellate Court. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to declare an emergency exists and waiving notice by a four-fifths vote. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Ordinance in order to provide that, within a newly created municipality, Monroe County Ordinances in effect on the date the municipality came into existence will continue in effect for one year or until superseded by the City Councilor Commission, whichever event occurs first, except for County Ordinances specifically superseded or modified by the City Charter; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. Motion carried unanimously. ORDINANCE NO. 063-1997 See Ord. Book No. 45 which is incorporated herein by reference. 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, Florida ~o.W C. ~~ Isabel C. DeSant1s, Deputy Clerk ROGO ALLOCATIONS - BIG PINE KEY Name Permit No. Legal Description 1st Quarter. Year 4 - (ROGO Quarter Ending October 13. 1995) MARKET RATE ALLOCATIONS 1. James White ROGO Score: 14 95 -1 -1282 Lot 11, Blk 4, Pine Channel Estates (RE#00248500) 2nd Quarter. Year 4 - (ROGO Quarter Ending Tanuary 13. 1996) MARKET RATE ALLOCATIONS *2. Philip George ROGO Score: 19 95 - 1 - 1818 Lot 8, Blk 49, Port Pine Heights (RE#00294370) 3. William Scharf ROGO Score: 17 96 - 1 - 0001 Lot 13, Blk 25, Eden Pine Colony # 3 (RE#00271850) AFFORDABLE HOUSING ALLOCATION 4. Jerry & Susan Barnett ROGO Score: 19 95 - 1 - 1746 Lot 34 & 1/2 Lot 33, Blk 3 Eden Pines Colony (RE#00265370) 3rd Quarter. Year 4 - (ROGO Quarter Ending Apri'113. 1996) MARKET RATE ALLOCATIONS 5. Keith Munt ROGO Score: 20 96-1-0029 Lot 34, Long Beach Estates Sec. A (RE#00317060) 6. Keith Burkman ROGO Score: 20 96 - 1 - 0316 Lot 12, Long Beach Estates Sec. A (RE#00316840) 7. Robert Halgren ROGO Score: 19 96 - 1 - 0441 Lot 25 & 26, Blk 5 Cahill Pines & Palms (RE#00244540 & 002445500) 8. D&D Weatherwax/Willis ROGO Score: 18 96 - 1 - 0385 Lot 4, Blk 10, Doctors Arm (RE#0010934o-001400) 9. Kenneth Neuman ROGO Score 18 96 - 1 - 0393 Lot 1 & 2 Eden Pines Colony Tract A (RE#00270370-000700 & 00270370-000701)