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08/11/1999 Regular ,-- 99/287 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, August 11, 1999 Key Largo, Florida ,-- A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., on the above date, at the Key Largo Library. Present and answering to roll call were Commissioner Shirley Freeman, Commissioner George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams and Mayor Wilhelmina Harvey. 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 Mayor Harvey Commissioner Freeman granting approval of Corrections, and Deletions to the Agenda. taken with the following results: and seconded by all Additions, Roll call vote was commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. PRESENTATION OF AWARDS Presentation of an award to Mariners Hospital of Plantation Key by the BOCC and "The Florida Keys Council for People with Disabilities" (FKCFPWD), Chairman Charles Ingraham. This award recognizes the efforts of Mariners Hospital in assisting and hiring the physically disabled of Monroe County. ,-- ~ 99/288 BULK APPROVALS Motion was made by Mayor Harvey and seconded by Commissioner williams granting approval of the following items by unanimous consent: Board granted approval to remove surplus equipment from inventory via disposal/destruction and advertising for bids and accepting bids. Said list is incorporated herein by reference. Board granted approval of Workers' Compensation excess coverage with National Union Fire Insurance Company (AIG) in the amount of $94,670.00, with a self-insured retention of $250,000.00, effective 10/1/99 to 9/30/2000. ,-- Board granted approval and authorized execution of an Amendment to Service Agreement Renewal for Insurance Servicing and Adjusting Company (ISAC) to provide third party administrative services for workers' compensation for an additional three year term. Board granted approval to advertise and to award bid and to enter into Contract with lowest responsive bidder for security fence for Bayshore Manor and authorization for Mayor to execute same. Board granted approval to issue a Purchase Order in the total amount of $129,300.18 to Motorola Inc., for the purchase, delivery and antenna installation of UHF Two-Way Radio Equipment for EMS. Board granted approval to renew the Lease Agreement with Deputy Dawn Agusto to reside in one side of the duplex located on the Marr property, for an amount of rent and utilities totaling $400.00 per month, and authorization for the Mayor to execute the lease agreement for same. Board granted approval to advertise for bids for pest management in county facilities, inclusive of chemical spraying. Board granted approval to award of bid and authorization for the Mayor to execute a Contract Agreement between Monroe County and AKH Water Management, Inc. for operation and maintenance of the Marathon Government Center Sewage Treatment Plant, in the amount of $5,916.00 per year for operation and maintenance; and an amount not to exceed $6,000 per year for repairs, emergency service, chemicals, etc. ~ Board granted approval to renew the Contract Agreement with Houston Air, Inc. for central a/c repair, Upper Keys - 99/289 facilities, in an amount not to exceed $15,000.00 per year, and authorization for the Mayor to execute the Renewal Agreement for same. Board granted approval and authorized execution of a renewal to the Contract Agreement with Mowrey Elevator Service Co., Inc., for elevator inspection and maintenance contract in the amount of $16,978.80 per year, deleting elevator #8880 from the contract (Monroe County Courthouse - $720.00 contract reduction from previous year). Board granted approval to renew the Contract Agreement with Sub Zero, Inc., for central a/c repair, Lower Keys Facilities, decreasing the Contract amount to not to exceed $25,000.00 per year (previously not to exceed $45,000.00 per year), and authorization for the Mayor to execute the Contract Amendment for same. ,-- Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to enter into an Agreement between Monroe County and the South Florida Water Management District (SFWMD) for storm water improvements to Florida Keys Marina, Marathon in the amount of $50,000.00. Board granted approval to award bid and enter into contract with B.A.T. Construction, Inc. for improvements to Wilhelmina Harvey Children's Park in the amount of $97,500 and authorization for Mayor to execute same. Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Revenues: Resolution concerning the Transfer of Funds. (OMB Schedule Item NO.1) RESOLUTION NO. 355-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 2) RESOLUTION NO. 356-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB ~. Schedule Item No. 3) RESOLUTION NO. 357-1999 - 99/290 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No.4) RESOLUTION NO. 358-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item NO.5) RESOLUTION NO. 359-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item NO.6) RESOLUTION NO. 360-1999 See Res. Book No. 143, which is incorporated herein by reference. ,-- Resolution concerning the Transfer of Funds. (OMB Schedule Item NO.7) RESOLUTION NO. 361-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No.8) RESOLUTION NO. 362-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item NO.9) RESOLUTION NO. 363-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 10) RESOLUTION NO. 364-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 11) ~ RESOLUTION NO. 365-1999 See Res. Book No. 143, which is incorporated herein by reference. ~ 99/291 Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 12) RESOLUTION NO. 366-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (OMB Schedule Item No. 13) RESOLUTION NO. 367-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 14) RESOLUTION NO. 368-1999 See Res. Book No. 143, which is incorporated herein by reference. ~ Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 15) RESOLUTION NO. 369-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 16) RESOLUTION NO. 370-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 17) RESOLUTION NO. 371-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 18) RESOLUTION NO. 372-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 19) RESOLUTION NO. 373-1999 See Res. Book No. 143, which is incorporated herein by reference. ~ Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 20) ~ 99/292 RESOLUTION NO. 374-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 21) RESOLUTION NO. 375-1999 See Res. Book No. 143, which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (OMB Schedule Item No. 22) RESOLUTION NO. 376-1999 See Res. Book No. 143, which is incorporated herein by reference. Board granted approval to purchase 1 MSA Self Contained Breathing Apparatus (SCBA) from Ten-8 Fire Equipment, sole source provider for MSA at a cost of $2,064.38. Board granted approval to reject all bids for the Hi- Mast Apron Lighting Project, at the Key West International Airport, and approval to re-advertise for bids. Board granted approval of an Amendment to Lease Agreement concerning the JTPA office space located at 3127 Riviera Drive. This lease shall be extended on a month to month basis through September 30, 1999. TOURIST DEVELOPMENT COUNCIL Board granted approval to advertise request for bid (RFB) for Tourist Assistance Services. Board granted approval of an Amendment to Agreement with FloridaKeys.com, a Thomson Company to allow for an electronic brochure service through the Internet site. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of disposition of inventory items for the month of August, 1999. Said list is incorporated herein by reference. Board granted approval to register as "Jurisdictions" to submit a single application representing the vest needs of all ~ law enforcement agencies with our jurisdiction. ~ 99/293 COUNTY CLERK Board approved the fOllowing Warrants: GENERAL REVENUE FUND (001), #14528-15691, in the amount of $9,716,860.06 FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: ~ COURT REPORTER SERVICES, Accurate stenotype Reporters, in the amount of $50.00; Amy Landry, in the amount of $41.25; Associated Court Reporters, in the amount of $1,262.10; Florida Keys Reporting, in the amount of $1,050.75; Joe Troiano Inc., in the amount of $50.00; Laws Reporting, in the amount of $153.50; Sharon Arnoult, in the amount of $110.25; Suzanne Ex, in the amount of $712.25; Vicky Lynn Doty, in the amount of $1,967.75. COMPETENCY EVALUATIONS, Deborah Harrison, in the amount of $250.00. COURT INTERPRETER, Alex Diaz, in the amount of $200.00; Claudia M. Hancock, in the amount of $5.00; Estrella Garcia, in the amount of $935.00; Gilbert D. Mora, in the amount of $210.00; JR Alayon Forti, in the amount of $185.00; Jiri Dolezal, in the amount of $50.00; Jose R. Menedez, in the amount of $95.00; Mario Baldatti, in the amount of $50.00; Mary Lou Waas, in the amount of $280.00; Olga Tepper, in the amount of $288.84; Sergio Alvarez, in the amount of $1,100.00; Tanapol Suvonthorn, in the amount of $30.00; William Waddell, in the amount of $430.00. WITNESS COORDINATION, Witness payroll, in the amount of $260.00; Witness Expenses Miscellaneous, in the amount of $182.04; witness Travel & Per Diem, in the amount of $4,327.49. EXPERT WITNESS FEES, Cellmark Diagnostics, in the amount of $2,500.00; Mathew A. Seibel, MD, in the amount of $1,500.00. COURT APPOINTED ATTORNEYS FEES, Christopher Meyer, in the amount of $350.00; Cunningham, Albritton, Miller & Heffernan, in the amount of $700.00; Jason R. Smith, in the amount of $2,793.75; Laurie Hall, in the amount of $3,063.69; Timothy Nicholas Thomes, in the amount of $1,339.94. ~ Board officially approved the BOCC minutes from the Regular Meetings on June 9 & 10, 1999, and Special Meetings of 99/294 June 16 & July 13, 1999. COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the late puriegton "Purie" Howanitz. RESOLUTION NO. 377-1999 See Res. Book No. 143, which is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Edna Madeline Valdez Howard. RESOLUTION NO. 378-1999 See Res. Book No. 143, which is incorporated herein by reference. Board adopted the following Resolution applauding the Center for Marine Conservation for their efforts in organizing and carrying out of a keys wide beach cleanup to take place on September 18, 1999. ~ RESOLUTION NO. 379-1999 See Res. Book No. 143, which is incorporated herein by reference. Board granted approval for the Mayor to send a letter to the South Florida Exosystem Restoration Task Force concerning the needs and concerns of Monroe County are effectively met in the upcoming Working Group meetings. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Administrator James Roberts addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Freeman to adopt the following Resolution pertaining to annual leave accrual for Monroe County Employees. Roll call vote was unanimous. RESOLUTION NO. 380-1999 See Res. Book No. 143 which is incorporated herein by reference. Mr. Roberts and Human Resources Director Sheila Barker addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Freeman ~ granting approval, as amended, of revisions to the Monroe County Personnel Policies and Procedures Manual. Said amendment as follows: ~ 99/295 Page 30 4.08 SALARY RANGES. PROGRESSIONS. INCREASES Change the words "All salary adjustments shall be based primarily on availability of funds" to the words "no salary adjustment shall be approved unless there is an availability of funds," Page 33 4.12 TEMPORARY - HIGHER CLASSIFICATION Sentence #3 replace the word "retroed" with a more suitable word. Roll call vote was unanimous. - After Board discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval to donate a 1989 Ford Van, unit number 1806-002, VIN 1FTHS34H6KHB43005 to Pigeon Key Foundation a non-profit agency. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. The Board discussed developing a policy where non- profits provide a list of their needs. Marilyn Beyer, representing Beyer Funeral Home, and Bill Langstaff addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Freeman to continue the existing lease premises with Dean-Lopez Funeral Home for use as Medical Examiner facilities on a month to month basis pending report from Staff. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. - 99/296 County Engineer Dave Koppel, Mr. Roberts, and Fleet Management Director Roy Sanchez addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Freeman granting approval to exercise option to renew the existing contract, (a joint venture) with a thirty day (30) termination provision at the option of the County, with Genuine Parts Co. of Miami, Napa Auto Parts of Key West, Vincent Auto Parts of Marathon and Beckman Auto Parts of Key Largo. Roll call vote was unanimous. Mr. Koppel addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval to advertise to lease the Thomas Street Employee parking lot in Key West after regular County business hours during weekdays, weekends and holidays. Roll call vote was unanimous. ~ Motion was made by Commissioner Freeman and seconded by Mayor Harvey granting approval to enter into a Lease Agreement between Monroe County and the Botanical Garden Society to provide office space for the non-profit organization in the amount of $100.00 per month for utilities consumption. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval to enter into a Lease Agreement with the Department of Environmental Protection (DEP) to provide office space for this governmental agency, in the amount of $100.00 per month for utilities consumption. Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of the following two items: ~ 99/297 Award Bid and enter into a Contract between Monroe County and CEM Enterprises for Hurricane Damage Repair at the Sugar loaf Boulevard Bridge and authorization for Mayor to execute same. Award Bid and enter into a Contract between Monroe County and CEM Enterprises for hurricane Damage Repair at the No Name Key Bridge and authorization for Mayor to execute same. Motion carried unanimously. John Carter, Senior Director - Office of Management & Budget addressed the Board concerning adoption of a Resolution amending Resolution No. 206-1990 adopted by the County on March 27, 1990 in certain respects by modifying the description of the project described therein; and providing an effective date. Motion was made by Commissioner Reich and seconded by Commissioner williams to continue the matter to later in the day. Motion carried unanimously. COMMISSIONERS' ITEMS ~ commissioner Williams discussed with the Board her item concerning Settler's Park. Mr. Roberts and Mr. Koppel addressed the Board. The Clerk read into the record a letter from Alice Allen, President, Friends of Old Settler Park. The Board took no official action. DIVISION OF PUBLIC WORKS Mr. Koppel updated the Board on the Key Largo Park construction. Motion was made by Commissioner williams and seconded by Mayor Harvey to separate the ball field lights from the current contract and re-negotiate directly with Musco waiving standard purchasing policies and procedures and to proceed with all deliberate speed. Roll call vote was unanimous. In accordance with the Board's previous direction, Mr. Koppel discussed the status of the competitive bidding process concerning the advertising of drink products on the scoreboards at the Key Largo Park. ~ Mr. Koppel indicated to the Board that a proposed ordinance concerning hours of operation for the Key Largo Park is scheduled to be heard at the next regularly scheduled meeting in Key Largo on November 9, 1999. - 99/298 * * * * * 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 Nora Williams and Commissioner George Neugent. Absent was Commissioner Art French and Chairman Yvonne Harper. - Motion was made by Commissioner Freeman and seconded by Commissioner Williams granting approval to purchase 19 MSA Self Contained Breathing Apparatus (SCBA) from Ten-8 Fire Equipment sole source provide for MSA at a cost of $39,223.22. Motion carried unanimously, with commissioner French and Chairman Harper 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. COMMISSIONERS' ITEMS Commissioner Williams discussed with the Board her item concerning approval of abandonment of a portion of Old Card Sound Road located on Crocodile Lake National wildlife Refuge. Motion was made by Commissioner williams and seconded by Commissioner Reich granting approval of the item. Motion carried unanimously. commissioner Reich discussed with the Board her item concerning a bill submitted by Mr. Ken Kreines for presentation to the BOCC at the July 22, 1999 BOCC meeting. Mr. Kolhage and Mr. Roberts addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Freeman authorizing the County Administrator to negotiate the best deal possible and to pay the invoice. Roll call vote was taken with the following results: ~ Commissioner Freeman Commissioner Neugent Commissioner Reich Yes Yes No ~ 99/299 commissioner Williams Mayor Harvey Yes Yes Motion carried. commissioner Reich discussed with the Board her item concerning adoption of a Resolution prohibiting the employment of any consultants by Monroe County without the approval of the Board of County Commissioners. Motion was made by Commissioner williams approving the item with an amendment except in emergencies cases. After discussion, the maker of the motion withdrew. Motion was then made by Commissioner Reich and seconded by Commissioner Williams to approve the item as presented. Roll call vote was taken with the following results: Commissioner Freeman No Commissioner Neugent No Commissioner Reich Yes Commissioner Williams No Mayor Harvey No Motion failed. ~ MISCELLANEOUS BULK APPROVALS Public Defender Rosemary Enright addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval to lease an additional 1,280 square feet on the first floor of the Eaton street Professional Building effective September 1, 1999, inclusive of the lessor providing all necessary upgrades and renovations inclusive of new paint and carpeting, for the Public Defender's Offices for the amount of $15.75 per square foot ($1,680 per month), and authorization for the Mayor to execute the Amendment to Lease for same; and Approval to enter into a new Lease Agreement for existing 7,000 square feet, along with the additional 1,280 square feet on the first floor, for five (5) years commencing December 1, 1999, at the rate of $15.75 per square foot - $130,410 per year, and authorization for the Mayor to execute the Lease Agreement for same. Roll call vote was unanimous. - Mr. Roberts discussed the Board's previous action approving a modification to annual leave accrual for Monroe County Employees hired on or after October 1, 1999. Mr. Roberts advised the Board that it would be necessary to notify the Union representing certain county employees and allow them an opportunity to respond. ~ 99/300 - - COMMISSIONERS' ITEMS commissioner Reich discussed with the Board approval to implement the "Janitorial Action Plan" resolved at the Janitorial Workshop conducted on July 30, 1999. Said plan is incorporated herein by reference. Mr. Hendrick addressed the Board. Motion was made by Commissioner williams and seconded by Commissioner Freeman granting approval of the item. Roll call vote was unanimous. Mr. Roberts discussed with the Board correspondence he sent to them concerning a discussion he had with a FEMA official in Atlanta regarding Islamorada, Village of Islands attending a meeting in Washirigton for the purpose of discussing the Village'S relief from the proposed Rule. Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Freeman directing the County Administrator, at the earliest possible time, to look into holding a meeting with FEMA officials in Washington, D.C. Roll call vote was unanimous. Motion was made by Mayor Harvey nominating commissioner Williams to represent the County at the meeting with FEMA officials in Washington, D.C. After discussion, commissioner Williams withdrew her name from consideration. Motion was made by Commissioner Williams nominating Mayor Harvey to represent the County at the meeting. Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Freeman that the full Board attend the meeting with FEMA officials in Washington, D.C. with Mayor Harvey serving as the spokesperson, subject to approval by the County Attorney after his research concerning Sunshine Law requirements. After discussion, Commissioner Neugent offered an amendment to have Commissioner Reich serve as the alternate spokesperson. This amendment was accepted by the maker of the motion. After further discussion, Commissioner Williams withdrew her acceptance and proposed instead that Mayor Pro Tem Freeman serve as alternate spokesperson. Roll call vote was unanimous. MISCELLANEOUS BULK APPROVALS Mr. Carter addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Reich to table adoption of a Resolution amending Resolution No. 206-1990 adopted by the County on March 27, 1990 in certain respects by modifying the description of the project described therein; and providing an effective date. Motion carried unanimously. - 99/301 COUNTY ATTORNEY Mr. Hendrick updated the Board on legal issues as written in the memorandum dated August 11 & 12, 1999 from attorney Karen K. Cabanas of the firm of Morgan and Hendrick. Mr. Hendrick also discussed the litigation concerning No Name Key, Incorporated v. Monroe County, Case No. 99-819-CA-18. Mr. Hendrick discussed the hourly pay rate of attorney Karen C. Cabanas from the law firm of Morgan & Hendrick. Motion was made by Commissioner williams and seconded by Commissioner Freeman to raise the hourly rate for Ms. Cabanas from $125.00 to $150.00. Roll call vote was unanimous. TOURIST DEVELOPMENT COUNCIL Chairman of the Tourist Development Council, Michael Ingraham made a presentation to the Board on the Impact of Tourism. - PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance restricting the operation and docking of oversize commercial vessels to deep port zones; Defining oversize commercial vessels, deep port zones, and residential areas; Providing for liability and penalties; 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. Mr. Hendrick addressed the Board and advised that the matter should be remanded to the Marine and Port Advisory Committee. Motion was made by Commissioner Freeman and seconded by Commissioner williams to remand to the Marine and Port Advisory Committee. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Harvey Yes Motion carried. - - 99/302 TOURIST DEVELOPMENT COUNCIL The following individuals addressed the Board concerning the report to the Board of County Commissioners on the Impact of Tourism: Katherine Dew, representing the Islamorada Chamber of Commerce; Frank Kulisky, representing the Village of Islamorada; Eugene Shinkevich, representing the Big pine Key Civic Association; Christina Sharpe, representing TDC - District 2; Carol Fisher, representing the Lower Keys Chamber of Commerce; Kirby Kay SCheimann, representing the Marathon Community Council; Cindy Cameron, representing the Lower Keys Chamber of Commerce; Jill Patterson, John Hammerstrom, and Sam Schorr, representing TDC - District 5. - Motion was made by Commissioner Freeman and seconded by Commissioner williams for the Board of County Commissioners to directly appoint at large members to the District Advisory Committees, direct the Tourist Development Council to not appointment any at large members and to send any applications for at large members to County Administrator's Office for Board of County Commissioners review and directing the County Attorney to prepare the necessary Ordinance change. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Harvey No Motion carried. 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 a 7.78 foot wide alley in Anglers Park SUbdivision, Key Largo, Florida. There was no public input. Motion was made by Commissioner Freeman and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 381-1999 See Res. Book No. 143 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an ~ Ordinance to be known as the Monroe County Price Gouging Ordinance; Providing for geographic applicability; Providing for authority; Providing for purpose; Providing for definitions; - 99/303 Providing for prohibitions against price gouging during a locally declared emergency; Providing for enforcement; Providing for severability; Providing for the repeal of laws in conflict; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. Mr. Hendrick addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner williams to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 032-1999 See Ord. Book No. 52 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance creating section 16.21.1, Monroe County Code, in order to require that public or private utilities undertaking new construction in the County Right-of-Way of Loop Road, Mainland, Monroe County must first obtain permits from the County Department of Environmental Resources and the State and Federal Agencies having jurisdiction over such wetlands or submerged land; 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 williams to adopt the following Ordinance. Motion carried unanimously. - ORDINANCE NO. 033-1999 See Ord. Book No. 52 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending the Tourist Development Plan, allowing use of the first two cents for capital projects; 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. The Board accepted public input with the following individuals addressing the Board: Van Cadenhead, Barry Patterson, Fred Salinero, Ray Kitchener, representing the Marathon Chamber of Commerce; Ursla Boll, representing Hawk's Cay Resort; Debra Walker, representing the Monroe County School Board; Eugene Shinkevich, representing the Big pine Key civic Association; Mike Morawski, representing Key West Attractions Association; Jack Martin, representing the Key West Chamber of Commerce; Virginia Panico, representing the Key West Chamber of Commerce; Cindy Cameron, representing the Lower Keys Chamber of Commerce; Frank KUlisky, representing Islamorada, Village of Islands; Matthew Babich, representing the Key West Hotel/Motel Association; Richard Fortmann, representing Captain Hook's Marina & Dive Center; Karen Lee, Alexa Wheeler, Katherine Dew, representing the Islamorada Chamber of Commerce; Christina - 99/304 Sharpe, representing TDC, DAC-2; Jack Smith, representing the Key West Hotel/Motel Association; Melissa Kendrick, Bill Wickers, member of the TDC; and Van Cadenhead. The Clerk read into the record letters from Betty Vail, Wanda Brock, Blackfin Resort Owner and DAC III Board member; Kathi Fortmann, President of the Heart of the Keys Tourism Association; Elliott Baron, representing Last Stand; and Linda and Roger Yorde. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner Williams to not adopt the Ordinance. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Neugent No ~ommissioner Reich Yes Commissioner Williams Yes Mayor Harvey Yes Motion carried. ~ A Public Hearing was held concerning approval of a workers' compensation settlement in the amount of $45,000 inclusive of attorney's fees for claim number 9640092 from June 8, 1993. There was no public input. Motion was made by Mayor Harvey and seconded by Commissioner Freeman granting approval of the item. Roll call vote was unanimous. A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida Department of Community Affairs the request by the Planning Department to change the Future Land Use Map of the Monroe County 2010 Comprehensive Plan from Residential Medium (RM) to Mixed Use/Commercial (MC) for property described as Lots 521, 522, and 523-534, Port Largo Fifth Addition, Key Largo, section 33, Township 61 South, Range 39 East; with the following Re numbers: 00453475-013700, 00453475-013800, and 00453475-014100. Growth Management Director Tim McGarry addressed the Board. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Williams to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 382-1999 See Res. Book No. 143 which is incorporated herein by reference. - A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida Department of Community Affairs the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan for Residential High (RH) to Residential Medium (RM) for property described as all of Lots 1-15 of Block 2, all of Lots 2- -- -- 99/305 15 of Block 1, and unnumbered lot in Block 1, Paradise Point Subdivision, Key Largo, section 1, Township 61 South, Range 39 East. with the following Real Estate Numbers: 00513200-000000, 00513210-000000, 00513220-000000, 00513230-000000, 00513240- 000000, 00513250-000000, 00513260-000000, 00513270-000000, 00513280-000000, 00513290-000000, 00513300-000000, 00513310- 000000, 00513320-000000, 00513330-000000, 00513340-000000, 00513350-000000, 00513360-000000, 00513370-000000, 00513380- 000000, 00513390-000000, 00513400-000000, 00513410-000000, 00513420-000000, 00513430-000000, 00513440-000000, 00513450- 000000, 00513460-000000, 00513470-000000, 00513480-000000, 00513490-000000. Mr. McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Pauline Klein, representing Steelwright Property Owners Association and Carol Raines. Motion was made by Commissioner williams and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 383-1999 See Res. Book No. 143 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance adopting amendments to the Residential ROGO and repealing Ordinance No. 006-1997. These amendments to portions of sections 9.5-4, 9.5-120 through 9.5-124 and 9.5-266 address Affordable Housing in environmentally sensitive lands, pooling unused Affordable Housing ROGO allocations, revise points for energy conservation and structural integrity, provide new definitions, create transfers of ROGO exemptions for offsite redevelopment, modify the qualifying criteria for affordable housing ROGO allocations and revise the total number of allocations available in unincorporated Monroe County to reflect the incorporation of Islamorada. Growth Management Director Tim McGarry and comprehensive Planner Ann Murphy addressed the Board. The Board accepted public input with the following individuals addressing the Board: Pauline Klein representing Steelwright Property Owners Association; and Morgan Hill. Motion was made by Commissioner williams and seconded by Mayor Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 034-1999 See Ord. Book No. 52 which is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner williams to adopt the following Resolution transmitting to the Florida Department of Community Affairs amendments to the Residential ROGO inclUding portions of Policies __ 101.2.4, 101.5.4 and 601.1.11 of the Monroe county Year 2010 Comprehensive Plan. These amendments add flexibility to Residential ROGO Allocations and add positive point opportunities ~ 99/306 for modest housing. Roll call vote was unanimous. RESOLUTION NO. 384-1999 See Res. Book No. 143 which is incorporated herein by reference. There being no further business to come before the Board, the meeting was adjourned. Motion carried unanimously. Clerk to the Board of County Commissioners of Monroe County ~~c. {;bJ~~ Isabel C. Desantis / Deputy Clerk --