03/15/1995 Regular
95/73
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, March 15, 1995
Marathon Government Center
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, Marathon, Florida. Present and
answering to roll call were Commissioners Keith Douglass,
Wilhelmina Harvey, Mary Kay Reich and Mayor Pro tem Jack London.
Mayor Shirley Freeman was absent. Also present were Danny L.
Kolhage, Clerk; Randy Ludacer, 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, AND DELETIONS
Motion was made by commissioner Douglass and seconded
by Commissioner Harvey granting approval of Additions,
Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
A Retirement Award was presented to Henry Lumpkin,
Recycling Department, Environmental Management Division.
A Proclamation proclaiming April 3 through April 7,
1995 as Public Health Week in Monroe County was presented.
BULK APPROVALS/CONSENT AGENDA
Motion was made by Commissioner Harvey and seconded by
Commissioner Douglass to approve the following items by unanimous
consent:
Board granted approval of two Affordable Housing Deed
Restrictions, submitted by Hernan and Eulalia Zaldivar (94-3-
2533) and Sylvia Murphy (94-3-1891). The Deed Restrictions for
Affordable Housing have been completed and filed by the
applicants pursuant to the requirements of the Dwelling Unit
Allocation Text Amendment (Ordinance No. 016-1992), and the
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County's Land Development Regulations.
Board granted approval of a Restrictive Covenant,
submitted by J.P. Sorensen Enterprises for building permit
application number 94-3-3019, restricting the property owner to
only one dwelling unit on two contiguous lots. The Restrictive
Covenant for combining contiguous lots has been filed by the
applicant for the second quarter, year three allocation ending on
January 13, 1995, under the requirements of the Dwelling unit
Allocation Text Amendment.
Board granted approval to remove a Murata Fax Phone,
County Tag #0601-190, from the Court Administrator's inventory
and advertise for bids.
Board granted approval to remove one Laptop Computer,
County Tag #1505-42, from Emergency Communications Department and
written off as attrition.
Board granted approval to remove the following surplus
property from the County Attorney's inventory and advertise for
bids:
County Taq No. Description
0300-92A IBM Displaywriter station
SN #98952
0300-106A IBM Displaywriter station
SN #19QKZH
0300-92C IBM Diskette Drive
SN #90001
0300-92D IBM Diskette Drive
SN #95392
0300-92E IBM DWS Printer
SN #41663
Board adopted the following Resolution opposing
recommendations in the Administration's Fiscal Year 1996 budget
request which would remove federal participation in water
projects, including beach nourishment projects, which are not
"nationally significant", recommending retaining the current
federal criteria for federal participation and cost sharing.
Recommending opposing future legislation which may eliminate or
reduce federal participation in such projects, providing for an
effective date.
RESOLUTION NO. 100-1995
See Res. Book No. 125, which is incorporated herein by reference.
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Board granted approval of Award of Bid and authorized
execution of a Contract between Monroe County and Temporary
Permanent structures, Inc., for the Blue Heron Park Basketball
Courts, in the amount of $24,639.72.
Board granted approval to remove the following surplus
property from the inventory of Facilities Maintenance Department
and advertise for bids:
County Tag No.
Description
1001-201
1803-460
0903-627
Air conditioner
Air conditioner
Kee lawn mower
Board granted approval of Award of Bid and authorized
execution of a Contract between Monroe County and Garcia Cleaning
Service, to provide janitorial services for the Courthouse Annex,
Guardian Ad Litem, state Attorney, Supervisor of Elections,
Administration Building, Clerk's Internal Audit and 600 Whitehead
street, in the amount of $2,550.00 per month.
Board granted approval of Award of Bid and authorized
execution of a Contract between Monroe County and Diversified
Services, to provide janitorial services for the Courthouse,
Justice Building, including the Clerk's Records Storage Facility,
in the amount of $l,875.00.
Board granted approval to advertise for bids for
janitorial service for County buildings located in Marathon.
Board granted approval and authorized execution of an
Addendum to the Standard Contract between Monroe County and the
State of Florida Department of Health and Rehabilitative Services
for the planning and construction of the Marathon Public Health
unit.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and William Meeler, for
office space #105 in the Marathon Airport Terminal.
Board granted approval and authorized execution of a
Lease Agreement between Monroe County and Federal Express, for
the existing terminal building and parking area at the Marathon
Airport.
Board adopted the following Resolution authorizing the
filing of a Grant Application with the Florida Department of
Environmental Protection, Boating Improvement Fund, and directing
the execution of same by the proper authorities for the emergency
repair of Channel Marker #20 in Cow Key Channel.
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RESOLUTION NO. 101-1995
See Res. Book No. 125, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Contract between Monroe County and Frank Keevan & Son, Inc., for
the emergency repair of Channel Marker #20 in Cow Key Channel.
Board granted approval of an Amendment to the Monroe
County Government Channel 16 Educational and Government
Programming Policies and Guidelines to include the following:
F. Sponsorship/Endorsements-
At no time shall Channel 16 be used to endorse
consumer products and/or service. However. public service
announcements listing bus or van schedules and a telephone number
for further information mav be considered for broadcast.
Board granted approval and authorized execution of an
Amendment to the Contract Agreement between Monroe County and the
South Florida Employment and Training Consortium for Title
IIA/IIC/III Intake Services.
Board granted
conditioner from Social
and advertise for bids.
available.
approval to remove an inoperable air
Services Nutrition Department inventory
No County tag number or inventory card
Board granted approval and authorized execution of
Amendment #2 to Contract KG-45lE, between Monroe County and the
Alliance for Aging, Inc. This amendment introduces language
needed to bring the Community Care for the Elderly Grant Contract
into compliance with the National Voter Registration Act of 1993.
Board granted approval to remove one Whirlpool Air
Conditioner, County Tag #1803-460, from the inventory of Social
Services/Bayshore Manor inventory and advertise for bids.
Board granted approval to amend the Older American
Advisory Board Rotational Commissioner Attendance Sheet that was
attached to the 1995 Appointments of Commissioners to various
duties. The Advisory Board advised that July, August and
September is vacation time for the Older American Advisory Board;
therefore, it is not necessary to include those three months in
the Rotational Attendance Sheet.
Board granted approval to pay $75,000.00 in settlement
in the Maleske vs. Monroe County claim.
Board granted approval and authorized execution of an
Agreement between Monroe County and the Florida Department of
Community Affairs concerning Emergency Management Assistance for
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Fiscal Year 1995.
Board adopted the following Resolution concerning the
Transfer of Funds for Fiscal Year 1995.
RESOLUTION NO. 102-1995
See Res. Book No. 125, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Grant Agreement between Monroe County and the Florida Department
of Commerce, Division of Economic Development, for the
preservation of Naval Air Station Key West, in the amount of
$100,000.00.
Board granted approval to waive Purchasing Policy and
Procedures, award a proposal, and authorized execution of a
Contract between Monroe County and Sweetwater Homes, Inc., for
the construction and installation of a 912 sq. ft. modular home
at Bernstein Park, for security purposes, in the amount of
$61,600.00.
DIVISION OF GROWTH MANAGEMENT
Board granted approval to reinstate Building Permit No.
91-3-4456, issued to J.R. Carter on 11/18/81 for a single family
home on Lot 1, Block, 1, Largo Beach Subdivision.
Board granted approval to advertise an Ordinance
amending section 6-56 Monroe County Code, in order to provide for
the establishment of a Specialty Contractor License for fire
alarms; 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.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an
Agreement between Monroe County and Diversified Cleaning
Services, to provide janitorial services for the Administrative
Offices of the Tourist Development Council, for an amount not to
exceed $3,648.00, Fiscal Year 1995, Two Penny, Administrative.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and The Redbone, Inc.,
covering the Mariner Outboard Baybone, October 6-8, 1995, for an
amount not to exceed $6,500.00, Fiscal Year 1995, Two Penny,
allocated under the Fishing Umbrella.
Board granted approval and authorized execution of an
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Addendum to the Agreement between Monroe County and stuart Newman
Associates covering the addition of the Film Commissioner's Aide
(Monroe County)/stringer for the Lower Keys and Key West, in an
amount not to exceed $41,000.00, Fiscal Year 1995, Two Penny,
Sales and Marketing Budget.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and the Islamorada All-
Tackle Bonefish Tournament covering the Islamorada Bonefish
Tournament, October 9 - 13, 1995, for an amount not to exceed
$1,500.00, Fiscal Year 1995, Two Penny, allocated under the
Fishing Umbrella.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and Sloppy Joe's/Galleon
Marina covering the Sloppy Joe's/Galleon Marina Fish Round-Up,
October 12-15, 1995, for an amount not to exceed $6,500.00,
Fiscal Year 1995, Two Penny, allocated under the Fishing
Umbrella.
Board granted approval and authorized execution of an
Agreement between Monroe County and Prompt Courier Service to
provide pickup and delivery services on behalf of the
Administrative Office of the TDC to the main post office and
other County government offices as required, for an amount not to
exceed $2,100.00, Fiscal Year 1995, Two Penny, Administrative.
CONSTRUCTION MANAGEMENT
Board granted approval and authorized execution of
Change Order No. 1 to Lower Matecumbe Roads II to include the
following roads in the project: Biscayne Blvd., Court Contessa,
Madeira Court, Porto vista Court, Lisbon Court and Buena vista
Court.
COMMISSIONERS' ITEMS
Board adopted the following Resolution opposing the
closure of the Islamorada Division of Driver Licenses Office.
RESOLUTION NO. 103-1995
See Res. Book No. 125, which is incorporated herein by reference.
Board granted approval of a request from Key Largo
Elementary School for Monroe County to pay for half the cost of a
new gate at their new ball field. Appropriation to come from
contingency funds, in an amount not to exceed $400.00.
Board granted approval of Commissioner Douglass'
appointment of William Quinn to the Florida Keys Council for the
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Handicapped.
Board granted approval of the Public Official Bond for
County Commissioner Keith L. Douglass.
Board granted approval to close the 7-Mile Bridge on
April 22, 1995 from 7:30 a.m. to 9:00 a.m. for the annual
Marathon Runner's Club 7-Mile Bridge Run.
COUNTY ADMINISTRATOR
Board granted approval of a proposal for Keys
Entertainment, Inc., to provide programming to Monroe County's
Channel 16.
Board granted approval of the following appointments to
the Older American Advisory Board:
Chairperson
Vice Chairman
Secretary
Louis Schwartz
Henry Hughes
Rose Diezel
Board Members
Alice Hassett, Tavernier
John Dolata, Key Colony Beach
Bessie Fredericks, Big pine Key
Jim Williams, Marathon
Vera Burrell, Big pine Key
Ken White, Marathon
Charles Kamper, Key West
Mel Levitt, Key West
Joan Cutler, Key Largo
Lillian Krom, Big pine Key
Eva E. Steinka, Key Largo
Rusty Maffei, Marathon
Blanche Wise, Big Pine Key
John D. White, Tavernier
Henry Hughes, Key West
Rita Morabito, Marathon - Alternate
DIVISION OF MANAGEMENT SERVICES
Board adopted the following Ordinance declaring that an
emergency exists and waiving notice by a four-fifth's vote;
amending Section 2-458(9), Monroe County Code, concerning the
Monroe County Risk Management Program, by amending Subsection (D)
thereof to modify the risks to remain separately insured and non-
participatory with respect to the Sheriff's Department; providing
for severability; providing for the repeal of ordinances
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inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective
date.
ORDINANCE 011-1995
See Ord. Book No. 35, which is incorporated herein by reference.
Board granted approval of Award of Loan to TIB Bank of
the Keys, concerning funding for the Jolly Roger Estates
Municipal Service Culvert District, in the sum of $12,000.00
together with interest thereon at the rate of 6.70% per annum in
fiscal year 1995-1996 and authorized execution of a Promissory
Note and Tax Anticipation Warrant.
Board granted approval of Award of Loan to TIB Bank of
the Keys, concerning funding for Cudjoe Gardens Municipal Service
Culvert District, in the sum of $22,000.00 together with interest
thereon at the rate of 6.70% per annum in fiscal year 1995-1996
and authorized execution of a Promissory Note and Tax
Anticipation Warrant.
Board adopted the following Resolution authorizing the
execution of a Grant Agreement with the Florida Department of
Community Affairs, FY 95 community Services Block Grant Program,
to provide for a Teacher's Aide at the Grace Jones Day Care
Center.
RESOLUTION NO. 104-1995
See Res. Book No. 125, which is incorporated herein by reference.
Board authorized the payment of $37,500.00 renewal
premium for Radio/TV Communication Policy to Lexington Insurance
Company.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Guillermo
Marcovici, in the amount of $l,lOO.OO; Leslie Morgan, in the
amount of $300.00; David Nathanson, in the amount of $1,050.00;
Care Center for Mental Health, in the amount of $l,OOO.OO; and
Deborah Harrison, in the amount of $300.00.
COURT APPOINTED ATTORNEY'S, Cunningham, Albritton &
Miller, P.A., in the amount of $510.00; Charles Everett, in the
amount of $1,742.50; Timothy Thomes, in the amount of $350.00;
Jason Smith, in the amount of $9,027.50; Diane Tolbert-Covan, in
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the amount of $4,090.50; Candida Cobb, in the amount of $350.00;
William Kuypers, in the amount of $1,642.50; John Rotolo, in the
amount of $1,383.75; Charles Milligan, in the amount of
$1,257.25; Manuel Garcia, in the amount of $2,507.50; Stephen
Isherwood, in the amount of $980.86; Roberta Fine, in the amount
of $4,498.54; Horan, Horan & Esquinaldo, in the amount of
$2,196.35; and Jeffrey Meyer, in the amount of $685.00.
COURT REPORTERS, Associated Court Reporting, in the
amount of $2,657.25; Florida Keys Reporting, in the amount of
$1,221.75; Lisa Roeser, 10,278.50; Law's Reporting, in the amount
of $62.50; Kathleen Fegers, in the amount of $732.75; Nancy
Maleske, in the amount of $518.75; Amy Landry, in the amount of
$37.50; Havershaw Reporting Service, in the amount of $142.50;
Linda McGill, in the amount of $229.50; and Hill Reporting
Service, in the amount of $8l5.25.
EXPERT WITNESS FEES, Mechanical Consulting & Service,
in the amount of $1,000.00; Forensic Automobile Investigations,
in the amount of $5,990.85; James Stratton, in the amount of
$1,271.00; Care Center for Mental Health (Forensic), in the
amount of $250.00; and Fred Covan, in the amount of $1,725.00.
OTHER EXPENSES, Louis Spallone, in the amount of
$2,500.00; and witness Lodging, in the amount of $428.88.
COURT INTERPRETERS, Loan Fernandez, in the amount of
$25.00; Ghislaine Mangrella, in the amount of 35.00; Mayda
Maloney, in the amount of $25.00; Veronica Peace, in the amount
of $40.00; J.R. Alayon, in the amount of $590.00; Eva Carbone, in
the amount of $155.00; Jose Menendez, in the amount of $1,085.00;
Jose Estevez, in the amount of $l40.00; and William Waddell, in
the amount of $415.00.
TRAVEL EXPENSES, witness Travel, in the amount of
$l,004.84.
REGULAR WITNESS FEES, witness Payroll, in the amount of
$256.87.
COURT INTERPRETERS, Ghislaine Mangrella, in the amount
of $40.00; Lena Allen, in the amount of $25.00; Jean Claude
pierre $30.00; Marek Strossin, in the amount of $155.00; Jose
Estevez, in the amount of $60.00; Eva Carbone, in the amount of
$335.00; J. R. Alayon, in the amount of $405.00; Jose Menendez,
in the amount of $690.00, William Waddell, in the amount of
$350.00.
WARRANTS
Board approved the following Warrants:
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COMMUNITY DEVELOPMENT BLOCK GRANT (100), #101-#105, in
the amount of $63,542.59
SUPPLEMENT TO GENERAL REVENUE FUND (002), #567-#570, in
the amount of $116,832.99
FINE' FORFEITURE FUND (101), #1564-#1575, in the
amount of $2,478,839.31
ROAD AND BRIDGE OPERATING (102), #874-#877, in the
amount of $291,371.14
LAW LIBRARY FUND (103), #482-483, in the amount of
$366.33
TOURIST DEVELOPMENT COUNCIL (l07-111, 116-121), #931-
#935, in the amount of $1,033,092.48
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #201-#204,
in the amount of $568,6l8.38
MSD TAXING DISTRICTS (145,146,141), #840-#843, in the
amount of $377,767.58
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #520-#523,
in the amount of $34,857.l9
UPPER KEYS TRAUMA DISTRICT (144), #265-#268, in the
amount of $177,489.81
PLANNING,BUILDING,' CODE ENFORCEMENT/
PARKS' BEACHES UNINCORPORATED (147,l48) #550-#553, in
the amount of $457,886.45
$4,999.65
VENETIAN SHORES SPEC RD DIST ,
DUCK KEY SECURITY (149/152), #0086, in the amount of
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1044-1045,
in the amount of $l8,752.67
COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #780-#784, in the
amount of $812,420.77
SALES TAX BOND ANTICIPATION NOTE (305), #221-#225, in
the amount of $40,116.84
CARD SOUND BRIDGE FUND (401), #590-#593, in the amount
of $44,551.32
AIRPORT OPERATION' MAINTENANCE FUND (403/404), #935-
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940, in the amount of $114,520.11
MSD PLEDGED FUNDS (414), #445-#448, in the amount of
$1,494,201.37
WORKERS COMPENSATION FUND (501), #4l03-#4106, in the
amount of $73,723.97
MONROE COUNTY GROUP INS FUND (502), #723-#729, in the
amount of $540,606.39
RISK MANAGEMENT FUND , FLEET MANAGEMENT FUND
(503/504), #349-#352, in the amount of $139,074.05
FL TRUST FUND (600,601), #1099, in the amount of
$17,493.03
Board granted approval and authorized removal of the
following surplus property from inventory:
Description
County ID #
One (1) Tub desk for microfiche
One (l) Secretary desk w/right return
0202-98
0204-107
Motion carried unanimously.
SPECIAL PROGRAMS/MONROE COUNTY HOUSING AUTHORITY
Board granted approval of the State Housing Initiative
Partnership Local Housing Assistance Plan for FY 1995-1996, 1996-
1997, 1997-1998.
Board adopted the following Resolution approving Monroe
County's state Housing Initiative Partnership Local Housing
Assistance Plan for Fiscal Years 1995-1996, 1996-1997, and 1997-
1998 and other required approvals.
RESOLUTION NO. 105-1995
See Res. Book No. 125, which is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS/CONSENT AGENDA
Growth Management Director, Bob Herman, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
Commissioner Douglass granting approval of the delegation of
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authority to review renovations at Pigeon Key to the County
Administrator. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey granting approval of the request for
conceptual approval of the rehabilitation of the section Gang
Quarters building on Pigeon Key, as proposed by the Pigeon Key
Foundation. Motion carried unanimously.
Motion was made by Commissioner Douglass and seconded
by Commissioner Harvey granting approval to amend the 7 Year
Roadway/Bicycle Path Plan. Motion carried unanimously.
Public Facilities Maintenance Director, Carlos Zarate,
addressed the Board concerning the execution of a one (1) year
Lease Agreement between Monroe County and Mike Lawson to reside
in the trailer located on Sombrero Beach to help ensure security.
Motion was made by Commissoner London and seconded by
Commissioner Reich requesting that in the future all similar
leases and renewals reflect the tenant paying the cost of all
utilities. Motion carried unanimously.
DIVISION OF GROWTH MANAGEMENT
Attorney Bob Apgar, addressed the Board concerning the
Comprehensive Land Use Plan hearings. He estimated that an
additional $50,000.00 in legal fees would be required to cover
the balance of the hearings. Growth Management Director, Bob
Herman, addressed the Board and introduced Mr. Jack Teague of the
Department of Health and Rehabilitative Services who is taking
over Mr. Homer Rhodes position. Mr. Teague briefly addressed the
Board.
An update on legal issues was presented by Special
Litigation Council, James T. Hendrick. Mr. Hendrick discussed
the Kev West citizen litigation concerning the award of the bid
for the publication of the Delinquent Tax Roll and indicated that
a settlement of the case was eminent and that he would come back
before the Board with details of the settlement.
Mr. Hendrick discussed the continuing Holiday Isle Code
Enforcement litigation case. During discussion, motion was made
by Commissioner London and seconded by Commissioner Harvey
granting approval of Mr. Hendrick's recommendation to pursue a
policy of sending some code enforcement cases directly to County
Court. Motion carried unanimously.
Mr. Hendrick discussed a suit filed against the County
concerning the awarding of an exclusive franchise for taxi
service at the Marathon Airport and suggested that any approval
of such a franchise be subject to the outcome of that litigation.
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Mr. Hendrick briefly discussed the Shaddick case.
Mr. Hendrick advised the Board that the decision of the
New Port Largo case had been appealed and that Monroe County had
filed a motion for costs in the amount of approximately
$50,000.00.
Mr. Herman addressed the Board. Planning Director,
Lorenzo Aghemo presented the Monroe County Public Facility
Assessment/Capacity Report for 1994 and addressed the Board
concerning the report. Mr. Aghemo indicated that the results of
the report would require an immediate moratorium of any
construction which added additional traffic impacts on u.s. #1.
Mr. John Zeeger of Barton-Aschman Associates, Inc.,
Traffic Consultants, addressed the Board.
Servando Parapar of the Florida Department of
Transportation, District VI, addressed the Board. Mr. Hendrick
addressed the Board. The following individuals also addressed
the Board: Jack Watson of the Big pine Key Volunteer Fire
Department, Debra Harrison of the Wilderness Society, Dagny
Johnson of the Upper Key citizen's Association, Bettye Chaplin,
and Eugene Shinkevich.
Motion was made by Commissioner Harvey and seconded by
Commissioner London to adopt the following Resolution directed to
the Legislative Delegation to request their help with the Florida
Department of Transportation and the Florida Department of
Community Affairs concerning the problem on Big pine Key. Motion
carried unanimously.
RESOLUTION NO. 106-1995
See Res. Book No. 125 which is incorporated herein by reference.
Motion was made by Commissioner London and seconded by
Commissioner Harvey to adopt the following Resolution directed to
the Sheriff of Monroe County requesting that he enforce the "No
Parking Areas" and assist with traffic problems at the Flea
Market on Big pine Key. Deputy Sheriff Wilkinson addressed the
Board. Motion carried unanimously.
RESOLUTION NO. 107-1995
See Res. Book No. 125 which is incorporated herein by reference.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval of the Annual Assessment
of Public Facility Capacity for 1994. Motion carried
unanimously.
Mr. Hendrick addressed the Board concerning an
agreement reached between the Key West Citizen, the County, and
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the Upper Kevs Reporter concerning the litigation relative to the
award of the bid for publication of the delinquent tax rolls. He
advised the Board that a Stipulated Settlement would provide that
the current Award of Bid be vacated and that the matter would be
re-bid, the notice requirements of the Monroe County Purchasing
Policies and Procedures would be waived, sealed bids would be
opened on March 16th and acted upon by the Board of County
Commissioners, and that there would be no specifically required
publication day. Motion was made by Commissioner Harvey and
seconded by Commissioner Douglass granting approval of the
proposed Stipulated Settlement Agreement as outlined by Mr.
Hendrick. Motion carried unanimously.
Billy Causey, Superintendent of the Florida Keys
National Marine Sanctuary made a presentation to the Board
concerning the pending release of the Draft Management Plan for
the Sanctuary. The following individuals addressed the Board:
David Holz of the Center for Marine Conservation, Betty Chaplin,
Jay Usher of Discovery International, Michele Wells Usher of the
Conch Coalition, Warren Tinnesz, Taras Lyssenko, Dan A. Yeider,
Lisa Furstenwerth, and Betty Vail.
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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 Commissioners Mickey Feiner, Hal Halenza, Mary
Kay Reich, Jack London, and Chairman Keith Douglass.
Motion was made by Commissioner London and seconded by
Commissioner Feiner to adopt the following Resolution superseding
Resolution No. 092-1994, and adopting an amended fee schedule for
use by the special taking district for providing ambulance
services. Motion carried unanimously.
RESOLUTION NO. 108-1995
See Res. Book No. 125 which is incorporated herein by reference.
There being no further business, the meeting of the
Board of Governors of District #1 Lower and Middle Keys Fire and
Ambulance District adjourned.
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The Board of County Commissioners reconvened with all
Commissioners present.
95/87
A presentation was made by Jim Smith, of the South
Florida Water Management District.
Motion was made by Commissioner Douglass and seconded
by Commissioner Harvey granting approval and authorizing
execution of a Lease for the Tavernier Public Health Unit,
subject to the County Attorney's approval. Motion carried
unanimously.
TOURIST DEVELOPMENT COUNCIL
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval and authorizing execution
of an Interlocal Agreement between Monroe County and the City of
Key West to provide beach cleaning services and sand for Smathers
Beach in an amount not to exceed $68,594.00 from Fiscal Year
1995, Third Penny, DAC I. Motion carried unanimously.
SOUNDING BOARD
Dennis McDermit, William Schachter, and Dagny Johnson
of the Upper Keys citizen's Association addressed the Board
concerning the designee(s) on the Port Largo Community Park
design committee - Key Largo Chamber of Commerce. This matter
was referred to the County Administrator.
DIVISION OF PUBLIC WORKS
County Engineer, Dave Koppel, and Commissioner Harvey
discussed proposed road improvements to Ocean Reef Shores, Key
Largo. Dagny Johnson of the Upper Keys citizens Association,
addressed the Board. Motion was made by Commissioner Harvey and
seconded by Commissioner Reich to proceed with the paving of the
road. Motion carried unanimously.
County Administrator, James Roberts, and Risk Manager,
Donna Perez reported on Pollution Liability coverage. No
official action was taken.
COMMISSIONERS' ITEMS
commissioner Harvey gave a report on the successful
efforts of the Base Realignment And Closure Commission (BRAC).
Betty Vail addressed the Board.
commissioner Harvey excused herself from the meeting.
Revision
95/88
MISCELLANEOUS BULK APPROVALS
Community services Director, Peter Horton, and Marathon
Airport Manager, Jim Shimkus, addressed the Board concerning the
approval of a Transportation Franchise Agreement between Monroe
County and Florida Keys Taxi Dispatch to provide taxi service at
the Marathon Airport. The following individuals also addressed
the Board: Walter Davenport of Island Taxi, Charles Pierce,
Attorney Erol Vural, representing Action Taxi, Darren Guttman,
John Rolli of Florida Keys Taxi Dispatch, and Donald Parmenter,
of Action Express Taxi. Motion was made by Commissioner Reich
and seconded by Commissioner Douglass granting approval of the
item contingent upon the successful termination of the pending
litigation concerning the County's ability to regulate taxi cabs
at the Marathon Airport. Motion carried unanimously, with
Commissioner Harvey not present.
Mr. Horton addressed the Board. Motion was made by
Commissioner Douglass and seconded by Commissioner Reich granting
approval and authorizing execution of an Agreement between Monroe
County and AKH Water Management to operate and maintain the
sewage treatment plant at the Marathon Airport. Motion carried
unanimously, with Commissioner Harvey not present.
Motion was made by Commissioner Douglass and seconded
by Commissioner Reich to adopt the following Resolution granting
approval for the filing of a grant application with Florida
Department of Environmental Protection, Boating Improvement Fund,
and directing the execution of same by the proper authorities for
the emergency removal of DV091855i and execution of a Contract
between Monroe County and Spirit Marine Towing and Assistance for
the emergency removal of DV091855. Motion carried unanimously,
with Commissioner Harvey not present.
RESOLUTION NO. 109-1995
See Res. Book No. 125 which is incorporated herein by reference.
items:
County Attorney, Randy Ludacer, discussed the following
Approval of Change Order No. 24-002-019 to Douglas N.
Higgins Construction's Contract No. MA-002, Sitework, for the ~
Marathon Airport in the increased amount of $6,147.29.
Reduction in the contract retainage amount for Roma
Construction, Inc., terminal building contractor on the Marathon *
Airport project.
Approval of Change Order No. 24-001-019 to Roma
Construction's Contract No. MA-001, Terminal Building, for the
Marathon Airport in the increased amount of $4,898.00 and an
increase in the contract time of (10) days.
95/89
Approval of Change Order No. 24-001-018 to Roma
Construction's Contract No. MA-001, Terminal Building, for the
Marathon Airport in the increased amount of $7,814.00 and an
increase in the contract time of (10) days.
Approval of Change Order No. 24-001-017 to Roma
Construction's Contract No. MA-001, Terminal Building, for the
Marathon Airport, in the increased amount of $8,406.00 and an
increase in the contract time of (14) days.
Motion was made by Commissioner Douglass and seconded
by Commissioner Reich granting approval of the above items. Roll
call vote was taken with the following results:
commissioner Douglass Yes
Commissioner Reich Yes
Mayor pro tern London No
Motion carried.
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval of the Revision of
Library Policies on Free Publications and Video Take Out, with
the amendment that 6th through 12th graders be allowed to check-
out videos with permission of their parents. Motion carried
unanimously, Commissioner Harvey not present.
Mr. Horton addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Douglass to
postpone the approval to declare foreclosed property to be
surplus in order to advertise and sell. Ref. CEB U9-90-717 & U5-
91-301, and refer to the Parks and Recreation Board. Motion
carried unanimously, with Commissioner Harvey not present.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval to remove the following
surplus property from the Fire Marshall's inventory and advertise
for sealed bids with a minimum bid of $5,000 per vehicle:
Description
County ID#
(3) 1962 Ford Howe Pumpers
3210-11
3210A-2
3210B-4
Motion carried unanimously, with Commissioner Harvey not present.
Motion was made by Commissioner Douglass and seconded
by Commissioner Reich to adopt the following Resolutions
concerning the Receipt of Unanticipated Funds.
RESOLUTION NO. 110-1995
95/90
RESOLUTION NO. 111-1995
RESOLUTION NO. 112-1995
RESOLUTION NO. 113-1995
RESOLUTION NO. 114-1995
RESOLUTION NO. 115-1995
RESOLUTION NO. 116-1995
RESOLUTION NO. 117-1995
RESOLUTION NO. 118-1995
RESOLUTION NO. 119-1995
RESOLUTION NO. 120-1995
See Res. Book No. 125 which is incorporated herein by reference.
Motion carried unanimously, with commissioner Harvey not present.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval to advertise a Public
Hearing for April 18, 1995, at 5:05 P.M. at Key West Holiday Inn
Beachside regarding a Budget Amendment for the Translator Budget
Fund #142. Motion carried unanimously, with Commissioner Harvey
not present.
DIVISION OF GROWTH MANAGEMENT
Growth Management Director, Bob Herman, and
Commissioner Douglass discussed the Marine and Port Advisory ad
hoc Committee meeting.
Mr. Herman advised the Board that FEMA was in the
process of establishing new rules that would allow bathrooms
below base flood elevation under certain circumstances and
conditions with restrictions.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval to advertise an ordinance
amending section 6-42, Monroe County Code, providing for a waiver
of building fees for non-profit corporate applicants building
low-income housing; Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for the
incorporation into the Monroe Code; and providing an effective
date. Motion carried unanimously, with Commissioner Harvey not
present.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to adopt the following Resolution requiring
that all new, habitable buildings of 2000 square feet or greater
constructed for use by Monroe County be constructed to withstand
a Category Five Hurricane. Motion carried unanimously, with
Commissioner Harvey not present.
RESOLUTION NO. 121-1995
95/91
See Res. Book No. 125 which is incorporated herein by reference.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to postpone the permit application for an
Artificial Reef Project near Dixie Shoal, Key Largo, Florida.
Motion carried unanimously, with commissioner Harvey not present.
Mr. Herman discussed the contract between Monroe County
and the Florida Department of Environmental Protection for
assistance in the development of the County's Sewage Master Plan.
commissioner Douglass discussed a request for flood
elevation variance for Patrick Langley. Mr. Herman addressed the
Board. Motion was made by Commissioner Douglass and seconded by
Commissioner Reich granting approval of the flood elevation
variance. Motion carried unanimously, with Commissioner Harvey
not present.
County Attorney, Randy Ludacer, addressed the Board.
Motion was made by Commissioner London and seconded by
Commissioner Douglass granting approval to approve TDC funding of
a cost of a reception at the Marathon Airport for Airport
Appreciation Day in an amount not to exceed $1,500.00 subject to
TDC approval. Motion carried unanimously, with Commissioner
Harvey not present.
DIVISION OF PUBLIC SAFETY
Public Safety Director, Reggie Paros, addressed the
Board concerning the Notice of Termination of Contract Agreement
between the Board of County Commissioners, Monroe County, Florida
and Tavernier Volunteer Fire Department and Ambulance Corps,
Inc., concerning Emergency Medical Services (EMS) in Municipal
Services Taxing District 5, effective April 30, 1995. Motion was
made by Commissioner London and seconded by Commissioner Douglass
granting approval of the creation of seven (7) new positions -
four (4) Paramedics and three (3) EMT's. Motion carried
unanimously, with Commissioner Harvey not present.
DIVISION OF COMMUNITY SERVICES
Community Services Director, Peter Horton, reported on
the civil Air Patrol's request for funding from Monroe County.
Marathon Airport Manager, Jim Shimkus, addressed the
Board concerning the adoption of a Ground Transportation
Resolution for the Marathon Airport. Motion was made by
Commissioner London and seconded by Commissioner Douglass to
strike section 10 - Temporary limousine permits. Motion carried
unanimously, with Commissioner Harvey not present.
95/92
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to adopt the following Resolution, as
amended, which provides for the regulation of parking taxis,
limousines, courtesy vehicles, buses, other passenger vehicles
for hire at the Marathon Airport, Providing for permits and fees
for those permits, providing for penalties; and providing an
effective date. Motion carried unanimously, with Commissioner
Harvey not present.
RESOLUTION NO. 122-1995
See Res. Book No. 125 which is incorporated herein by reference.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval and authorizing execution
of a Preliminary/Letter Contract between Monroe County and the
South Florida Employment Training and Employment Council of South
Florida for Title IIB Summer Youth Employment and Training
Program. Motion carried unanimously, with Commissioner Harvey
not present.
DIVISION OF PUBLIC SAFETY
County Engineer, Dave Koppel, advised the Board that
Public Works Director, Dent pierce's wife had delivered a baby
boy Charles Dent Pierce, Jr., weighing 10 pounds 14 1/2 ounces.
commissioner London discussed the new motor sports
complex in Homestead and its' possible use by the Ecurie vitesse
Sports Car Club.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Environmental Management Director, Barry Boldissar,
discussed scrap metal recycling and the cost of providing in-
house services for that activity.
Mr. Boldissar addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Douglass granting
approval to enter and authorizing execution of an Agreement
between Monroe County and Wheelabrator Clean Water Systems, Inc.,
for the removal and disposal of septage and biosolids generated
in Monroe County. Motion carried unanimously, with Commissioner
Harvey not present.
COUNTY CLERK
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval and authorizing execution
of an Interlocal Agreement between Monroe County and the Fine
Arts Council of Monroe County for payment of the salary of the
95/93
secretary to the Council. Motion carried unanimously, with
Commissioner Harvey not present.
SHERIFF'S DEPARTMENT
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval of the following
expenditure of funds from the Law Enforcement Trust Fund in the
total amount of $6505.50:
Purchase of a dance hall lighting
system for the Marathon Recreation
Center
$1415.50
Prepare and print bicycle safety
brochures
90.00
Purchase of two high quality
laptop computers for the Professional
standards unit
4000.00
start up money for the Florida
Commission on Law Enforcement
Accreditation
1000.00
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
~~e. ~~
,/
Deputy Clerk