07/18/1995 Regular
95/208
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMKISSIONERS
Regular Meeting
Board of County Commissioners
Tuesday, July 18, 1995
Key West
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 a.m., on the above date, at the
Holiday Inn Beachside. Present and answering to roll call were
Commissioners Keith Douglass, Wilhelmina Harvey, Mary Kay Reich,
Jack London and Mayor Shirley Freeman. 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.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner London and seconded by
Commissioner Harvey granting approval of the Additions,
Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Employee of the Month Award for March, 1995, was
presented to Thomas Burchfield of the Public Safety Department.
Employee of the Month Award for April, 1995, was
presented to Donna Perez of the Management Services Division.
Proclamation was presented proclaiming the month of
July, 1995, as Monroe County Public Health Unit Immunization
Outreach Campaign Month.
Proclamation was presented proclaiming July 23 - 29,
1995, as Reef Awareness Week in Monroe County.
Proclamation was presented proclaiming the United
Nations' 50th Anniversary in 1995, and encouraging all
appropriate groups, organizations and institutions to incorporate
units of study, coursework, and activities about the United
Nations.
Proclamation was presented in recognition of the Key
95/209
West High School State Champions and National Ranked Baseball
Teams.
Proclamation was presented to Benjamin Franklin Rogers
as Honorary Mayor of Broad Key.
BULK APPROVALS/CONSENT AGENDA
Motion was made by Commissioner Reich and seconded by
Commissioner London granting approval of the following items by
unanimous consent:
Board adopted the following Resolution authorizing the
sUbmission of a Grant Application to the Florida Communities
Trust Area of Critical State Concern Program to provide funds for
a Land Acquisition Program to secure additional acreage for the
use and development of resource and activity-based neighborhood
and community parks.
RESOLUTION NO. 235-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
sUbmission of a grant application on behalf of the Monroe County
School Board to the Florida Communities Trust Area of Critical
State Concern Program to provide funds for a Land Acquisition
Program to secure acreage for open space and recreation.
RESOLUTION NO. 236-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval to advertise an Ordinance
adopting the 1995 edition of the Monroe County Electrical Code
Supplement as the Code Supplement applicable in the
unincorporated areas of Monroe County.
Board granted approval of the dissolution of the
Citizens Advisory Council on Boating Management.
BULK APPROVALS
Board adopted the following Resolution authorizing
Michael J. Lawn to execute, on behalf of Monroe County,
Satisfactions of Lien relating to the special assessment for
Solid Waste Collection and Disposal.
RESOLUTION NO. 237-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval to designate David Koppel,
95/210
Monroe County Engineer, as Engineer of Record for the Cudjoe Key,
Long Key and Key Largo Sanitary Landfill Closure/post Closure
Projects.
Board adopted the following Resolution authorizing the
Mayor to sign, on behalf of Monroe County, a Consent to the
Assignment of the September 29, 1993 Contract with Chemical Waste
Management to Advanced Environmental Technical Services.
RESOLUTION NO. 238-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval to extend the contract between
Monroe County and Miami Elevator company, on a month-to-month
basis until October 19, 1995, to allow for the inspection and
maintenance of the elevators located in the Marathon Government
Center and the Clerk's Records Storage Facility.
Board granted approval to advertise for sealed bids for
elevator inspection and maintenance of sixteen elevators at
various County facilities.
Board granted approval and authorized execution of an
Addendum to the Lease Agreement between Monroe County and William
Mobile Offices (The Scotsman Group, Inc.), extending the rental
for an additional thirty six months for a trailer located at the
Plantation Key Sheriff's sub-station, in the amount of $485.10
per month.
Board granted approval and authorized execution of a
Contract between Monroe County and Crimebuster, Inc., d/b/a
National Security Alarm Company/NASA, to provide alarm system
annual certification and maintenance of twelve (12) alarm
systems.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds under the Local Option Gas Tax
Fund #102.
RESOLUTION NO. 239-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds under the Local Option Gas Tax Fund #102.
RESOLUTION NO. 240-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
submission of a Grant Application to the Florida Department of
Health and Rehabilitative Services, Office of Emergency Medical
Services, to fund the acquisition of medical/rescue equipment and
95/211
directing the execution of same by the proper county authorities.
RESOLUTION NO. 241-1995
See Res. Book No. 127, which is incorporated herein by reference.
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 repair of
Channel Marker #15 in Tavernier Creek. Board also granted
approval and authorized execution of a Contract between Monroe
County and ASAP Marine Contractors for the emergency repair of
Channel Marker #15 in Tavernier Creek, in the amount of
$1,920.00.
RESOLUTION NO. 242-1995
See Res. Book No. 127, which is incorporated herein by reference.
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 #13 in Windley Key Channel, in the
amount of $1,325.00. Board also granted approval and authorized
execution of a Contract between Monroe County and ASAP Marine
Contractors for the emergency repair of Channel Marker #13 in
Windley Key Channel, in the amount of $1,325.00.
RESOLUTION NO. 243-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval and authorized execution of
Amendment #1 to Contract No. KG-551 between Monroe County and The
Alliance For Aging, Inc. This Amendment increases the funding
allocation for Older American Act Funds for 1995 in the amount of
$9,834.00. Specifically, Title IIID (Homemaker Services) in the
amount of $9,705.00 and Title IIIF (Nutrition Program) in the
amount of $129.00.
Board granted approval and authorized execution of an
amendment to Contract between Monroe County and the South Florida
Employment and Training Consortium for Title lIB Summer Youth
Employment and Training Program. This amended agreement
increases numbers of youth to be served from 50 to 77.
Board granted approval to terminate a Joint
Participation Agreement with the Florida Department of
Transportation for an Environmental Impact Statement at the Key
West International Airport.
Board adopted the following Resolution authorizing the
submission of a Grant Application to the State of Florida
95/212
Emergency Medical Services Grant Program to provide funding for
CPR training equipment.
RESOLUTION NO. 244-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
Transfer of Funds for Fiscal Year 1995.
RESOLUTION NO. 245-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution rescinding
Resolution No. 211-1995.
RESOLUTION NO. 246-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds for Fiscal Year 1995.
RESOLUTION NO. 247-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds for Fiscal Year 1995.
RESOLUTION NO. 248-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolutions concerning the
Receipt of Unanticipated Funds for Fiscal Year 1995.
RESOLUTION NO. 249-1995
RESOLUTION NO. 250-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolutions concerning the
Receipt of Unanticipated Funds for Fiscal Year 1995.
RESOLUTION NO. 251-1995
RESOLUTION NO. 252-1995
RESOLUTION NO. 253-1995
RESOLUTION NO. 254-1995
RESOLUTION NO. 255-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Lease Extension between Monroe County and Wayne and Susan Rice
and Hawks Cay Investors, for rental of Apartment No. 10, Indies
Island Condominium, Duck Key, for a total cost of $4,500.00.
95/212A
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds.
RESOLUTION NO. 245A-1995
See Res. Book No. 127 which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds.
RESOLUTION NO. 245B-1995
See Res. Book No. 127 which is incorporated herein by reference.
95/213
Board granted approval and authorized execution of an
Amendment to the Small Business Administration's Tree Planting
Program Grant Agreement No. 44, providing for a time extension on
the completion date for the landscaping at Bernstein Park.
Board granted approval and authorized the Mayor to
execute a Bill of Sale and Power of Attorney for one 1989 Mack
Dump Truck, County I.D. #0940-206. This vehicle was involved in
an accident and deemed a total loss. A check in the amount of
$42,572.67 was received for replacement of this vehicle.
Board authorized acceptance of Airport Liability
Insurance renewal proposal from Associated Aviation Underwriters
Association, effective July 27, 1995-96, at an annual cost of
$42,464.00.
Board adopted the following Resolution rescinding
Resolution No. 193-1995 and approving acceptance of a Corrective
Quit Claim Deed dated the 29th day of June, 1995, from Safe
Harbor Enterprises, Inc., a Florida Corporation, to the Board of
County Commissioners of Monroe County, to ameliorate the
inaccessibility problems with regard to Bernstein Park, directing
the Clerk to record same, and further directing the Monroe County
Public Works Department to undertake the improvement and
maintenance of said road bed.
RESOLUTION NO. 256-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval for the Duck Key Security
District to expend monies from unencumbered security budget funds
for installation of hurricane storm shutters.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds for Fiscal Year 1995.
RESOLUTION NO. 257-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board granted approval to accept a proposal from
Sedgwick James of Florida, Inc., to provide property insurance,
including full excess windstorm, at an annual premium of
$212,000.00, effective 8/1/95.
Board adopted the following Resolution calling for a
Referendum to be held on October 3, 1995, for the purpose of
sUbmitting to the electors of Monroe County a question regarding
the levy by the School Board of a discretionary sales surtax of
one-half cent.
RESOLUTION NO. 258-1995
See Res. Book No. 127, which is incorporated herein by reference.
95/214
TOURIST DEVELOPMENT COUNCIL
Board granted approval of a standard agreement to be
utilized in the funding of Cultural Umbrella events.
Board granted approval of a standard agreement to be
utilized in the funding of Fishing Umbrella events.
Board granted approval of a standard agreement to be
utilized in the funding of Turnkey Events.
Board adopted the following Resolution waiving a
prohibition against conflict of interest for Eileen Mason as a
member of the Board of Directors of the Islamorada Chamber of
Commerce serving as District IV Advisory Committee Member whose
Chamber is funded by the Monroe County Tourist Development
Council (MCTDC) to provide telephone and tourist information
services to the MCTDC.
RESOLUTION NO. 259-1995
See Res. Book No. 127, which is incorporated herein by reference.
COMMISSIONERS' ITEMS
Board instructed the County Administrator to initiate
discussion for the procurement of excess military property better
known as the "Old Hawk Missile Base" for Monroe County, and to
immediately initiate a $1.00 a year lease to Monroe County until
the purchase is finalized.
Board adopted the following Resolution authorizing the
Florida Marine Patrol or wildlife rescue volunteers to contact
the County Animal Control or Pollution Control departments for
the disposal of dead sea turtles once it is determined the
turtles are not needed for further study. Note: No resolution
number is assigned to this Resolution as it is reconsidered later
in the meeting.
Board granted approval of Commissioner London's
reappointment of Vince Taporowski to the Tourist Development
Council.
Board granted approval of Commissioner Harvey's
reappointment of Louis Swartz to the Health and Human Services
Advisory Board.
COUNTY CLERK
FINES AND FORFEITURES
95/215
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici,
in the amount of $650.00; Guidance Clinic of the Middle Keys, in
the amount of $300.00; Deborah Harrison, in the amount of
$1,345.20.
COURT APPOINTED ATTORNEY'S, Charles Everett, in the amount
of $4,233.50; Michael L. Crimella, in the amount of $487.50;
Timothy Thomes, in the amount of $350.00; Erol Vural, in the
amount of $734.50; Marci Rose, in the amount of $2,206.25;
Roberta S. Fine, in the amount of $827.75; Dennis Fitzpatrick, in
the amount of $240.00.
OTHER EXPENSES, Louis Spallone, in the amount of $4,750.00;
witness Lodging, in the amount of $284.00; David Burns
Investigations $807.50.
COURT REPORTERS, Associated Court Reporting, in the amount
of $3,739.25; Florida Keys Reporting, in the amount of $419.75;
Lisa Roeser, in the amount of $11,118.25; Soon Schunot $121.50;
Kathleen Fegers, in the amount of $3,704.50; Nancy Maleski, in
the amount of $257.50; Amy Landry, in the amount of $27.00; Hill
reporting Service, in the amount of $1,106.00; Edmee Prat, in the
amount of $185.25; Nichols & Hardy, in the amount of $45.00;
Sylvia Evans Court Reporting, in the amount of $178.50.
EXTRADITION, Richard Roth, in the amount of $4,508.70.
COURT INTERPRETERS, Eduardo Silva, in the amount of $25.00;
J.R. Alayon, in the amount of $395.00; Florida Keys
International, in the amount of $140.00; Eva Carbone, in the
amount of $60.00; Jose Menendez, in the amount of $625.00; Jose
M. Estevez, in the amount of $95.00; William Waddell, in the
amount of $250.00; Berta Green, in the amount of $75.00; Julia
Seward, Rev., in the amount of $115.00.
TRAVEL EXPENSES, witness Travel, in the amount of $2,288.57.
REGULAR WITNESS FEES, witness Payroll, in the amount of
$224.43.
COUNTY CLERK
Board approved the following Warrants:
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #119-#124, in the
amount of $133,950.96
SUPPLEMENT TO GENERAL REVENUE FUND (002), #585-#589, in the
95/216
amount of $132,221.85
FINE' FORFEITURE FUND (101), #1612-#1617, in the amount of
$2,904,919.73
ROAD AND BRIDGE OPERATING (102), #899-#902, in the amount of
$419,377.86
LAW LIBRARY FUND (103), #492-#494, in the amount of
$1,466.13
TOURIST DEVELOPMENT COUNCIL (107-111, 116-121), #950-#953,
in the amount of $661,679.74
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #212, in the
amount of $22,849.61
CROSS KEY WATERWAY (140), #077, IN THE AMOUNT OF $20.00
MSD TAXING DISTRICTS (145,146,141), #857-#860, in the amount
of $336,492.55
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #536,37 & #539,
in the amount of $32,376.18
UPPER KEYS TRAUMA DISTRICT (144), #282-#285, in the amount
of $32,279.38
PLANNING,BUILDING,' CODE ENFORCEMENT I
PARKS' BEACHES UNINCORPORATED (147,148) #569,71-#573, in
the amount of $445,483.36
VENETIAN SHORES SPEC RD DIST ,
DUCK KEY SECURITY (149/152), #0096-#0098, in the amount of
$5,057.98
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1057-1062, in
the amount of $93,006.58
COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #802-#805, in the amount of
$665,857.08
SALES TAX BOND ANTICIPATION NOTE (305), #230, in the amount
of $3,508.70
CARD SOUND BRIDGE FUND (401), #608-#611, in the amount of
$61,219.55
AIRPORT OPERATION' MAINTENANCE FUND (403/404), #956-961, in
the amount of $223,921.70
95/217
MSD PLEDGED FUNDS (414), #465-#468, in the amount of
$1,554,446.50
WORKERS COMPENSATION FUND (501), #4301-#4305, in the amount
of $55,275.93
GENERAL REVENUE FUND (001), #240385-242239, in the amount of
$16,552,313.74
MONROE COUNTY GROUP INS FUND (502), #753-#759, in the amount
of $750,785.57
RISK MANAGEMENT FUND , FLEET MANAGEMENT FUND (503/504),
#366-#370, in the amount of $267,558.75
FL TRUST FUND (600,601), #1107, in the amount of $6,264.95
Board approved the County Commission Meeting Minutes of
June 21 and 22, 1995.
COUNTY ATTORNEY
Board granted approval to advertise an Ordinance
amending section 1 of Ordinance No. 002-1993 to extend the life
of the winston waterways Municipal Service Taxing Unit to ten
years; amending section 4(b) (2) of Ordinance No. 002-1993 to
raise the maximum street construction cost to $150,000 from
$101,000 and increasing the period over which non-ad valorem
assessments may be spread to ten years from five years; providing
for severability; providing for repeal of all ordinances
inconsistent herewith' providing for inclusion into the Monroe
County Code; and providing for an effective date.
SHERIFF'S DEPARTMENT
Board granted approval of the following expenditures
from the Law Enforcement Trust Fund: $500.00 to purchase
exercise equipment to complete a gym in Plantation Key for use by
deputies in the Upper Keys; $1,000.00 to purchase food items
exclusively for use by students in the Culinary Arts Program at
the Monroe County Detention Facility.
SPECIAL PROJECTS/MONROE COUNTY HOUSING AUTHORITY
Board adopted the following Resolution approving the
interim funding of the County's SHIP First Time Homeownership
applicants' second mortgage using previously appropriated Land
Authority funds and provide for repayment of Land Authority funds
95/218
from the SHIP Trust Fund.
RESOLUTION NO. 260-1995
See Res. Book No. 127, which is incorporated herein by reference.
Board adopted the following Resolution approving an
appropriation of $28,000.00 from Fund 100 - Community Development
Block Grant Program income for the balance of FY 94/95
(August/September) and FY 95/96 to fund first-time homeowners
loan origination staffing and authorization to request an equal
amount from the previously appropriated Land Authority Home
Ownership Match Funds.
RESOLUTION NO. 261-1995
See Res. Book No. 127, which is incorporated herein by reference.
Motion carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of a
Resolution renouncing and disclaiming any right of the County and
the public in and to a portion of an alley in Key Colony
Subdivision NO.1, Plat Book 3, Page 107, Marathon, Monroe
County, Florida. There was no public input. Motion was made by
Commissioner Reich and seconded by Commissioner London to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 262-1995
See Res. Book No. 127 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution renouncing and disclaiming any right of the County and
the public in and to a drainage easement located on Lots 7 and 8,
Block 5, Key Haven Tenth Addition, Key Haven, Monroe County,
Florida. Attorney Bill spottswood, representing Robert and Grace
Beacham, addressed the Board. Motion was made by Commissioner
London and seconded by Commissioner Douglass to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 263-1995
See Res. Book No. 127 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution renouncing and disclaiming any right of the County and
the public in and to a drainage easement located on Lot 13, Block
5, Key Haven Tenth Addition, Key Haven, Monroe County, Florida.
Attorney Bill spottswood, representing Pete A. Rutskin, addressed
the Board. Motion was made by Commissioner Reich and seconded by
Commissioner London to adopt the following Resolution. Motion
carried unanimously.
95/219
RESOLUTION NO. 264-1995
See Res. Book No. 127 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance repealing Chapter 12, Monroe County Code, concerning
Occupational Licenses; establishing a new occupational tax
structure, etc. There was no public input. Tax Collector, Harry
F. Knight, addressed the Board. Motion was made by Commissioner
London and seconded by Mayor Freeman to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 022-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending Sec. 11-7, Monroe County Code, adding new
subsection (e) providing for regulation over storage facilities
for wrecker operators; Providing for revised numbering of
remaining subsections, Providing for severability; Providing for
the repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code; and providing an
effective date. Bobbie Kieber, representing the Florida Keys Tow
Truckers Association, and Bill Wherman representing Key West
Towing, addressed the Board. Motion was made by Commissioner
London and seconded by Commissioner Douglass to adopt the
following Ordinance as amended. Said amendment as follows:
Delete Section (4)
other considerations such as
mav be maintained at a place
place of business so lonq as
as to such storage facility:
If impractical because of zoninq or
lack of space. storaqe facilities
other than a wrecker operator's
the following requirements are met
and
(4) (a) The storaqe facility is located within 30
miles of the wrecker operator's place of business.
Motion carried unanimously.
ORDINANCE NO. 023-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of an
Ordinance amending Section 13.5-3{b), Monroe County Code, in
order to allow the on-premise sale and consumption of alcoholic
beverages within the restaurant and restaurant patio area at
Higgs Beach County Park if authorized in the County/Restaurant
lessee contract and permitted by the State and the City of Key
West; Further clarifying that the prohibition on alcoholic
beverages at Higgs Beach County Park may be waived by the County
Commission on a per event basis for non-profit groups subject to
95/220
certain restrictions including obtaining whatever permits are
required by the City of Key West and the state; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code; and providing an effective date. There was
no public input. Motion was made by Commissioner London and
seconded by Commissioner Reich to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 024-1995
See Ord. Book No. 36 which is incorporated herein by reference.
MISCELLANEOUS
A presentation was made of the Error & Insolvencies
Report and Recapitulation of the 1994 Tax Roll by Harry F.
Knight, Tax Collector.
BULK APPROVALS / CONSENT AGENDA
County Attorney, James T. Hendrick, addressed the
Board. Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval to seek bids to prepare a
land survey of the Marr property. Motion carried unanimously.
Growth Management Director,.Bob Herman gave a report on
the Contractor's Examining Board.
MISCELLANEOUS BULK APPROVALS
Environmental Management, Assistant Division Director
Michael J. Lawn, addressed the Board. Motion was made by
Commissioner Douglass and seconded by Commissioner London
granting approval and authorizing execution of Change Order No. 2
between Monroe County and TPS, Inc.'s Contract for the Recycling
Building at Long Key in the increased amount of $14,754.48.
Motion carried unanimously.
Motion was made by Commissioner London and seconded by
Commissioner Douglass granting approval to award proposal and
enter into contract between Monroe County and Davis Analysis in
the amount of $16,100.00. Motion carried unanimously.
County Engineer, Dave Koppel, addressed the Board.
Motion was made by Commissioner London and seconded by
Commissioner Reich granting approval and authorizing execution of
the following:
Contract between Monroe County and TPS, Inc., for
95/221
Australian Tree Removal in the Lower Keys, in the amount of
$$56,869.00.
Contract between Monroe County and TPS, Inc., for
Australian Tree Removal in the Middle and Upper Keys, in the
amount of $43,068.00.
Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner London granting approval to advertise for bids for
general maintenance to include mowing of grass/sod, shrubbery
maintenance, irrigation, ball field maintenance, etc. at the
various County parks and beaches. Motion carried unanimously.
GROWTH MANAGEMENT DIVISION
Presentations of the project known as "A Wastewater
Facilities Plan for a Site in the Florida Keys" were conducted by
representatives of the following engineering firms:
Camp Dresser & McKee, Inc., CH2M Hill, and Hazen and
Sawyer.
After Board discussions with each of the firms, motion
was made by Commissioner Harvey and seconded by Commissioner
Reich to employ the firm of CH2M Hill to conduct the Wastewater
Facilities Plan for a site in the Florida Keys. Roll call vote
was taken with the following results:
commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London No
Commissioner Reich Yes
Mayor Freeman Yes
Motion carried.
Attorney Bob Feldman, representing Dennis Salinero
addressed the Board concerning Mr. Salinero's request for a
waiver of a minor conditional use application fee in the amount
of $3,025 due to a Staff error in issuing a building permit for a
single family residence and fence at Lot 6, Old Boca Chica Road,
without required conditional use review. Motion was made by
Commissioner London and seconded by Commissioner Reich granting
approval of the above request. Roll call vote was unanimous.
*
*
*
*
*
DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
95/222
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 Freeman, Commissioner Halenza,
Commissioner London and Chairman Douglass. Absent was Mayor
Samuel Feiner.
Motion was made by Commissioner London and seconded by
Commissioner Halenza granting approval and authorizing execution
of a renewal of a Contract between the Board of Governors of the
Lower & Middle Keys Fire and Ambulance District, and Fire-Tech
Repair Service, Inc., for maintenance of Fire/Rescue vehicles,
semi-annual inspections, preventive maintenance, and unscheduled
maintenance resulting from malfunction or failure. Motion
carried unanimously, with Mayor Feiner not present.
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.
SOUNDING BOARD
County Attorney, James T. Hendrick, on behalf of Wayne
LaRue Smith as President of the Monroe County Bar Association,
addressed the Board concerning a request from the Bar Association
for proposed Ordinance to increase the Law Library Fee. No
official action was taken.
Clere Filer, Richard B. Graham, Marsha Van Duren, and
Glen Goff addressed the Board concerning improvements to Middle
Torch Road. County Engineer, Dave Koppel, also addressed the
Board. Mr. Filer presented a petition signed by nearby property
owners in support of the improvement. No official action was
taken.
Attorney Michael R. Barnes, representing the Florida
Keys Aviation Association addressed the Board concerning the Jet
Center at the Marathon Airport. Mr. Hendrick discussed the
matter. Dick Ramsey addressed the Board. No official action was
taken.
MISCELLANEOUS
95/223
Representatives from the Florida Department of
Transportation made a presentation to the Board concerning the
2020 Florida Transportation Plan. The Department informed the
Board of a workshop scheduled for Wednesday, July 26, 1995 from
7:00 p.m. to 9:00 p.m. at the Marathon Government Center.
Jim Smith, Director of Florida Keys Service Center of
the South Florida Water Management District, discussed a
quarterly update of District Activities along with a District
Budget Public Meeting announcement scheduled for Monday, August,
14, 1995 - 6:30 p.m. at the Monroe County Regional Service
Center.
DIVISION OF COMMUNITY SERVICES
Community Services Director, Peter Horton and Captain
Jay Munninghoff, of the Naval Air Station, addressed the Board.
Mr. Hal Meyer of Greiner, Inc., presented to the Board the Draft
Executive Summary for Feasibility Study and Cost Benefit Analysis
of Joint Use of Boca Chica (NAS). Motion was made by
Commissioner London and seconded by Commissioner Reich to begin
the formal application process, per staff recommendation, for
Joint Use of Boca Chica. Motion carried unanimously.
Mr. Horton addressed the Board concerning the Key West
International Airport Terminal. Motion was made by Commissioner
Harvey and seconded by Commissioner London to remodel the
existing Key West International Airport Building. After
discussion, Commissioner Harvey withdrew her motion.
Motion was made by Commissioner Harvey and seconded by
Commissioner London directing Mr. Horton to come back with a plan
to rehabilitate and restore the existing Key West International
Airport Building. Roll call vote was taken with the following
results:
Commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
Betty Vail and Mr. Horton addressed the Board
concerning a response from the U.S. Department of Transportation
Federal Aviation Administration regarding Resolution No. 137-1995
which directed Staff to explore the feasibility of ceasing all
aircraft operations at Key West International Airport and
Marathon Airport between the hours of midnight and 6:00 a.m. The
Resolution was passed by the Board on April 18, 1995. After
Board discussion, motion was made by Commissioner Harvey and
95/224
seconded by Commissioner London to refer the response from the
FAA to an ad hoc committee, to be established. (This committee
is established later in the meeting). Motion carried
unanimously.
Mr. Horton, Airports Director, Art Skelly; and Airport
Security Guard Ernest Sawyer addressed the Board concerning an
appeal filed by John J. Murphy III d/b/a Old Island Taxi for a
fine levied by the Director of the Key West International Airport
for a taxi violation of the Ground Transportation Resolution for
the Key West International Airport. Appellant, John J. Murphy
rebutted. James Baker, witness for Mr. Murphy addressed the
Board. County Attorney, James T. Hendrick, addressed the Board.
Motion was made by Commissioner London and seconded by
Commissioner Reich to refund $50.00 of the fine to Mr. Murphy.
During Board discussion, Commissioner .Reich withdrew her second
and Commissioner Douglass seconded the motion. During further
Board discussion, the motion was amended to indicate the basis
for the refund to be that there was confusion concerning the
circumstances for the first violation on the part of the person
receiving the ticket. Roll call vote was taken with the
following results:
Commissioner Douglass Yes
Commissioner Harvey No
Commissioner London Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
COMMISSIONER'S ITEMS
Sue Carey Kulig of the Marathon Garden Club addressed
the Board concerning their request for the Board to waive impact
fees and building permit fees for an addition to their building
in Marathon. Growth Management Director, Bob Herman, addressed
the Board. County Attorney, James T. Hendrick advised the Board
that they could not legally waive those fees. No official action
was taken.
PUBLIC HEARINGS
A Public Hearing was held concerning a proposed Land
Use District Map Amendment changing the land use designation for
the John and Denise Marvel, and Edwin and Gayle Whittaker
property legally described as part of Lot 5, Parcel 4, and
further described in metes and bounds, Ramrod Key from improved
Subdivision (IS) to Suburban Commercial (SC); Transmitting these
amendments to the state land planning agency for approval;
95/225
Providing for severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation
into the Monroe County Code; and providing an effective date.
Growth Management Director, Bob Herman, addressed the Board.
Motion was made by Commissioner London and seconded by
Commissioner Reich to adopt the following Ordinance
Motion carried unanimously.
ORDINANCE NO. 025-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending the Land Development Regulations (Chapter 9.5,
Monroe County Code) more specifically Section 9.5-247, Commercial
Fishing Special Districts, by adding the following new
Subsection, Commercial Fishing Special District-20, after
Subsection (r), to replace Subsection (s), changing current
Subsection (s) to Subsection (t); Providing for transmittal to
the State Land Planning Agency for approval; Providing for
severability; and providing an effective date. Mr. Herman and
Dona Merritt addressed the Board. Motion was made by
Commissioner London and seconded by Commissioner Douglass to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 026-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
proposed amendment to the land use district map for applicants
Michael C. Coppola and Richard Reithmayr for a zoning change from
Suburban Residential (SR) to Suburban Commercial (SC) for the
property containing the "Alamo Building", or the Johnson Tract.
Motion was made by Mayor Freeman and seconded by Commissioner
Douglass to uphold Staff's recommendation to deny the request for
a Land Use District Map Amendment, changing the Land Use
Designation for the Michael C. Coppola and Richard Reithmayr
property, legally described as part of Parcel 1-A in Government
Lot 4, Section 31, Township 66 South, Range 28 East, Sugarloaf
Key, Mile Marker 20. Mr. Herman addressed the Board. Motion was
made by Mayor Freeman and seconded by Commissioner Douglass to
uphold Staff's recommendation to deny the request for a Land Use
District Map Amendment. Roll call vote was taken with the
following results:
commissioner Douglass Yes
Commissioner Harvey No
Commissioner London No
Commissioner Reich No
Mayor Freeman Yes
Motion failed. After further Board discussion, motion was made
by Commissioner London and seconded by Commissioner Reich to
95/226
adopt the fOllowing Ordinance for the above item. Roll call vote
was taken with the following results:
commissioner Douglass No
Commissioner Harvey Yes
Commissioner London Yes
Commissioner Reich Yes
Mayor Freeman No
Motion carried.
ORDINANCE NO. 027-1995
See Ord. Book No. 36 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution amending Resolution No. 192-1995 for Tourist
Development Council 107, District Advisory Committee 1, Third
Penny. There was no public input. Motion was made by
Commissioner Reich and seconded by Commissioner London to adopt
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 265-1995
See Res. Book No. 127 which is incorporated herein by reference.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Douglass and seconded
by Commissioner Harvey granting approval and authorizing
execution of a Contract Agreement between Monroe County and
Dustbuster Cleaning Services to provide janitorial service for
the Plantation Key Government Complex in an amount of $3600 per
month. Motion carried unanimously.
Motion was made by Commissioner Douglass and seconded
by Commissioner London granting approval to waive purchasing
policies and procedures and purchase one (1) new 1995 White GMC
Dump Truck from White GMC of Palm Beach, Florida in the amount of
$62,535. Motion carried unanimously.
Motion was made by Mayor Freeman and seconded by
Commissioner London to approve the following items:
Adoption of the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 266-1995
See Res. Book No. 127 which is incorporated herein by reference.
Adoption of the following Resolution concerning the
Receipt of Unanticipated Funds.
95/227
RESOLUTION NO. 267-1995
See Res. Book No. 127 which is incorporated herein by reference.
Adoption of the following Resolution concerning the
Receipt of Unanticipated Funds.
RESOLUTION NO. 268-1995
See Res. Book No. 127 which is incorporated herein by reference.
Motion carried unanimously.
MISCELLANEOUS
Motion was made by Commissioner Reich and seconded by
Commissioner London to appoint Sandra Schwemmer, D.O. to the
Health and Human Services Board. Motion carried unanimously.
GROWTH MANAGEMENT DIVISION
County Attorney, James T. Hendrick, discussed a ruling
favorable to the County in the Shaddick case; Ocean Cay
Development (gambling boat) litigation ruling for the County; the
Sunshine litigation being appealed to the 3rd District Court of
Appeals; and the Curry Cove litigation.
Growth Management Director, Bob Herman, gave a brief
update on the la-mile stretch and the 2010 Comprehensive Plan.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Environmental Management Director, Barry BOldissar,
discussed the 1995/96 garbage rates. Mr. Boldissar advised the
Board that this would be his last regular meeting as he was
leaving County employment in the Keys and thanked all for the
assistance that they gave him during his tenure with Monroe
County.
DIVISION OF COHMUNITY SERVICES
Community Services Director, Peter Horton, advised the
Board that employees of an airline and rental car agency had
requested to be allowed to be married in the Marathon Airport.
Motion was made by Commissioner London and seconded by
Commissioner Douglass to authorize the marriage ceremony on
August 26, 1995. Motion carried unanimously.
95/227A
Adoption of the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 269A-1995
See Res. Book No. 127 which is incorporated herein by reference.
95/228
MISCELLANEOUS
Public Safety Director, Reggie Paros, advised the Board
that he received an emergency call concerning a vessel having
possible explosives at Morgan Shrimp Company on Stock Island.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Reich and seconded by
Commissioner London granting approval and authorizing execution,
as amended, of the renewal of the Contract between Monroe
County, acting as the governing board for Municipal Services
Taxing District 5 and 6, and Fire-Tech Repair Service, Inc., for
maintenance of Fire/Rescue vehicles, semi-annual inspections,
preventive maintenance, and unscheduled maintenance resulting
from malfunction or failure. Said amendment as follows:
Page 5
Section 19. LOCATION OF WORK
Delete (a) through (h).
Add (a) Tavernier and (b) Key Largo only.
Motion carried unanimously.
DIVISION OF PUBLIC SAFETY
Public Safety Director, Reggie Paros, discussed a
letter he received from the Big pine Volunteer Fire Department
concerning the department having a problem with guaranteeing
adequate coverage during the day. Mr. Paros also discussed
correspondence that he received from the Florida Division of
Forestry concerning fire protection services in Monroe County.
COMMISSIONER'S ITEMS
Mayor Freeman discussed Board approval for the County
Commission to appoint a member for the design competition as
requested by Key West AIDS Memorial, Inc. No official action was
taken.
Commissioner Harvey discussed Board approval to obtain
a site for holding special events such as County fairs, sporting
events, etc., due to the scarcity and/or loss of property in Key
West. This matter was referred to the County Administrator.
Motion was made by Mayor Freeman and seconded by
Commissioner Reich approving the following nominations for the
Key West International Airport Ad-Hoc Committee:
Paul DePoo, Jr.
Representing the airline industry
95/229
Alan Jones
Member of general aviation
Walter Wyatt
Member of the community
Dan McClure
Member of the community
Vivian Arnold
(Alternate) for community member
Motion carried unanimously.
Commissioner Harvey discussed Board approval to conduct
a county-wide referendum in reference to the proposed widening of
the eighteen-mile stretch of U.S. Highway One between the Florida
Keys and mainland South Dade County. Following Board discussion,
Commissioner Harvey withdrew consideration of the item.
Commissioner Reich discussed the hiring of the Fire-
Rescue Coordinator. During discussion, motion was made by
Commissioner Reich and seconded by Commissioner London to un fund
the position of Fire Rescue Coordinator. Roll call vote was
taken with the following results:
Commissioner Douglass No
Commissioner Harvey Yes
Commissioner London No
Commissioner Reich Yes
Mayor Freeman No
Motion failed.
COUNTY ADMINISTRATOR
County Administrator, James Roberts, discussed activity
concerning creation by the City of Key West of the Redevelopment
Authority to handle the disposition of excess Navy property.
Motion was made by Commissioner Harvey and seconded by
Commissioner London authorizing the County Administrator to
request, on behalf of the Board, the City of Key West allow the
County's member on the Redevelopment Authority to be a full
voting member. Motion carried unanimously.
Mr. Roberts advised the Board that in accordance with
the Board's direction he had appointed the following individuals
to the Sanctuary Management Plan Staff Committee:
Extension Services Director, Doug Gregory
Marine Resources Director, George Garrett
Environmental Resources Director, Ross Alliston
95/230
County Engineer, Dave Koppel
Ralf Brooks, representing the Law Firm of Morgan
& Hendrick
Office of Management Budget - Budget Manager, Sheila
Barker
A Representative from the Monroe County Sheriff's
Office
Mr. Robert's discussed the Board's action directing a
reorganization of Channel 16 and indicated that due to that
reorganization he would advise Keys Entertainment and Mr. Lehman
that the County would be unable to proceed with further
negotiations of their use of Channel 16.
COUNTY ATTORNEY
County Attorney, James T. Hendrick, discussed the
Board's previous action on agenda item P-6 concerning adoption of
a Resolution regarding sea turtle stranding, salvage and
disposal. Motion was made by Commissioner London and seconded by
Commissioner Reich to reconsider the item. Motion carried
unanimously. The Board then directed Mr. Hendrick to come back
with a corrected document.
Motion was made by Commissioner London and seconded by
Mayor Freeman authorizing the advertisement of an Ordinance to
amend Section 10-22(a) of the Monroe County Code to increase the
law library fee from $7.50 to $15.00. Motion carried
unanimously.
Mr. Hendrick discussed the Lake Plumbing litigation
regarding the New Monroe County Detention Facility.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
~oU Co. ~A~
Deputy Clerk ,