04/17/1996 Regular
96/106
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, April 17, 1996
Key West, Florida
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9 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
and Mayor Shirley Freeman. Commissioner Jack London was absent
from the meeting. Also present were Danny L. Kolhage, Clerk;
Isabel C. DeSantis, Deputy Clerk; James Hendrick, County
Attorney; James Roberts, County Administrator; County Staff,
members of the Press and Radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Harvey and seconded
by Commissioner Reich granting approval of the Additions,
Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
Presentation of a Mayor's Proclamation was made
announcing the month of April as "Fair Housing and Community
Development Month".
Presentation of a Mayor's Proclamation was made
announcing the month of April as "Child Abuse Prevention Month".
Presentation of a Mayor's Proclamation was made
announcing April 21 through April 27, 1996 as "Crime victims'
Rights Week".
Presentation of a Mayor's Proclamation announcing the
week of April 22 through April 26, 1996 as "Monroe County
Employees Health Fair Week".
Presentation of a Mayor's Proclamation announcing the
week of April 23 through May 1, 1996 as "Teenage Pregnancy
Prevention Week".
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Employee of the Month Award was presented to Mary
Alexander, Library Services, Division of Community services, for
the month of December, 1995.
Employee of the Month Award was presented to Kay
Miller, Risk Management, Division of Management Services, for the
month of February, 1996.
Employee of the Year Award was presented to Linda
Silvey, County Administration, for the year of 1995.
Presentation of certificates of Appreciation were made
to the five groups of the Friends of the Library, in
commemoration of National Library Week, April 15 through
April 22, 1996.
Recognition was made to William "Billy" Wagner, Jr.,
Director of Emergency Management, in honor of being awarded the
prestigious Neil Frank Award.
BULK APPROVALS
Motion was made by Mayor Freeman and seconded by
Commissioner Douglass to approve the following items by unanimous
consent:
Board granted approval to remove surplus items from
inventory and dispose of same or accept highest bids from the
March 20, 1996 Recap of Bid opening. said list is incorporated
herein by reference.
Board granted approval and authorized execution of an
Agreement Addendum between Municipal Services Taxing District 5
and Tavernier Volunteer Fire and Ambulance Corps, Inc., extending
the ending date of their original service agreement until August
31, 1996, or earlier, upon the execution of a new basic
agreement.
Board granted approval and authorized execution of an
Agreement Addendum between Municipal Services Taxing District 6
and Key Largo Volunteer Fire Department, Inc., extending the
ending date of their original service agreement until August 31,
1996, or earlier, upon the execution of a new basic agreement.
Board granted approval and authorized execution of
a Modification to Agreement between Monroe County and Florida
Department of community Affairs Emergency Management Preparedness
and Assistance Base Grant Agreement #96CP-05-11-54-01-044,
increasing the dollar value of the Agreement from $67,250.00 to
$70,042. This increase is due to the reallocation of funds
remaining after the awarding of competitive funds to municipal
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emergency management programs.
Board granted approval and authorized execution of
a Memorandum of Understanding between Monroe County and the Key
Largo Volunteer Fire Department, Inc., permitting the Monroe
County Emergency Management Department to utilize the Key Largo
Fire Rescue station #1 as an Upper Keys Emergency Operations
Center (EOC) during times of disaster and exercises.
Board granted approval and authorized execution of
an Agreement between Monroe County and Focus Financial Services,
to assist in the collection of delinquent Emergency Medical
Services (EMS) accounts receivable for District 1 ambulance
services.
Board granted approval of Award of Bid to the only
bidder, Neff Machinery, Inc., for a front end loader for
Pollution Control, in the amount of $67,500.
Board granted approval for the County Administrator to
have authorization to negotiate the purchase of a roll-off truck,
roll-off trailer and fork lift, in accordance with Procurement
Policies, and in view of no bids received in response to a bid
notice.
Board granted approval to seek competitive proposals
for engineering services to evaluate the incinerators at all
three landfill sites and to renew the permit for the Cudjoe Key
lined landfill.
Board adopted the following Resolution authorizing
Clark E. Lake to execute, on behalf of Monroe County,
satisfactions of Lien relating to the special assessment for
Solid Waste Collection and Disposal.
RESOLUTION NO. 143-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board granted approval for Marathon High School's
Junior Class to close one lane of traffic on Sombrero Boulevard
to hold a walk-a-thon, April 26, 1996, from 10:00 a.m. to noon,
to raise money for their prom.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Jayne's Cleaning
Service, Inc., to renew the agreement to provide janitorial
service for the Marathon Courthouse Complex, Marathon Senior
Citizens' Building, Marathon Government Center Annex, and
Marathon Government Center, in the amount of $4,000.00 per month.
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Board granted approval to purchase one new tractor-
loader-backhoe with four and one loader bucket from Kelly Tractor
Company, in the amount of $55,015.
Board granted approval and authorized execution of
Change Order No. 1 for the contract between Monroe County and
J.A. LaRocco Ent., Inc., for the Boca Chica Paved Pathway
Project, in the amount of $15,800 with no change in completion
date.
Board granted approval and authorized execution of a
contract between Monroe County and Kisinger Camp and Associates,
for engineering services on the No Name Key Bridge, in an amount
not to exceed $75,000.
Board adopted the following Resolution authorizing the
execution of a Highway Landscape Maintenance Agreement with the
Florida Department of Transportation for the Big Coppitt Key
Bicycle Pedestrian Path Project No. 90000-3526.
RESOLUTION NO. 144-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
execution of a Highway Landscape Maintenance Agreement with the
Florida Department of Transportation for the craig Key
Landscaping Project No. 90050-3507.
RESOLUTION NO. 145-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
execution of a Highway Landscape Maintenance Agreement with the ~
Florida Department of Transportation for the Indian Key Fill ~
Bicycle Path Project No. 90000-3527.
RESOLUTION NO. 146-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board granted approval of a Status Report for Monroe
Countv Park Development from the Engineering Department, Public
Works Division.
Board granted approval of an automated banking system
and creation of an Escrow Banking Account for the Workers'
Compensation Fund through the county's third party administrator,
Insurance Servicing and Adjusting Company.
Board granted approval and authorized execution of a
certificate of participation, which identifies the Board as the
coordinating unit of government in the DCA FY96/97 Anti-Drug
Abuse Act Formula Grant Program.
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Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 1).
RESOLUTION NO. 147-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 2).
RESOLUTION NO. 148-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Schedule Item 4).
RESOLUTION NO. 149-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 5) .
RESOLUTION NO. 150-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 074-1996 (Schedule Item 7).
RESOLUTION NO. 151-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Schedule Item 8).
RESOLUTION NO. 152-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution rescinding
Resolution No. 060-1996 (Schedule Item 9).
RESOLUTION NO. 153-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution Rescinding
Resolution No. 119-1996 (Schedule Item 10).
RESOLUTION NO. 154-1996
See Res. Book No. 130, which is incorporated herein by reference.
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Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 11).
RESOLUTION NO. 155-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 481-1995 (Schedule Item 12).
RESOLUTION NO. 156-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Schedule Item 13).
RESOLUTION NO. 157-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Schedule Item 14).
RESOLUTION NO. 158-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution amending
Resolution No. 480-1995 (Schedule Item 15).
RESOLUTION NO. 159-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board granted approval to advertise a Public Hearing
for May 21, 1996 to amend the Law Enforcement Trust Fund #600.
Board granted approval to rescind the 2nd year renewal
of a contract between Monroe County and Buccaneer Courier
approved at the January 17, 1996 Board Meeting and granted
approval and authorized execution of a new Courier Service
Agreement between Monroe County and Buccaneer Courier, with minor
language changes per County Attorney's memorandum dated March 8,
1996, and addition of the Tourist Development Council (TDC) as a
new courier stop at the expense of TDC, in the amount of
$50,575.20, of which TDC pays $1,945.20.
Board adopted the following Resolution endorsing the
establishment of a National Cemetery in Highlands County.
RESOLUTION NO. 160-1996
See Res. Book No. 130, which is incorporated herein by reference.
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Board granted approval and authorized execution of a
Lease and Concession Agreement between Monroe County and Avis
Rent A Car System, for operations at the Marathon Airport.
Board granted approval and authorized execution of a
Purchase Service Order between Monroe County and Greiner, Inc.,
for services on the Key West International Airport Drainage
Project, apron stormwater improvement portion.
Board granted approval to lease a Xerox 5322ZTAS copy
machine for the Key West International Airport, Marion County
Copier Rental Contract #2060, at state contract price, in the
amount of $149 per month.
Board granted approval of settlement of a Lien for Code
Enforcement Case U2-94-766 (Peter Yawt), in the amount of $1,750
as outlined in a letter from attorney Al Frigola.
Board granted approval and authorized execution of
Amendment No. 2 to Contract No. KG-551E, between Monroe County
and Alliance for Aging, Inc. Amendment will increase the
contract amount by $5,000 in order to purchase electronic data
equipment.
Board granted approval and authorized execution of
Amendment No. 1 to Contract No. KG-007 between Monroe
County/Monroe County In Home Services and Florida Department of
Health and Rehabilitative Services. Amendment will reduce
contract amount of the Community Care for Disabled Adults Program
allocation $2,736.42, due to the fact the 1995 legislature failed
to fully fund contracts between HRS and its providers, requiring
a reduction in all contracts.
Board granted approval to terminate an existing lease
with Xerox for a Xerox 5320 copier for the Cooperative Extension
Service, Community Services Division, and authorized execution of
a new three year lease with Xerox Corporation for a Xerox
5322ZTAS Copier through Marion County Contract #2060, in the
amount of $149 per month.
Board adopted the following Resolution authorizing the
submission of a grant application with the Florida Department of
Environmental Protection, Boating Improvement Fund, and
authorizing execution of a contract agreement between Monroe
County and ASAP Marine for the emergency removal of DV092126.
RESOLUTION NO. 161-1996
See Res. Book No. 130, which is incorporated herein by reference.
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Board adopted the following Resolution authorizing the
submission of a grant application with the Florida Department of
Environmental Protection, Boating Improvement Fund, and
authorizing execution of a contract between Monroe County and
Arnold's Towing for the emergency removal of DV03A2160.
RESOLUTION NO. 162-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution authorizing the
submission of a grant application with the Florida Department of
Environmental Protection, Boating Improvement Fund, and
authorizing execution of a contract agreement between Monroe
County and Arnold's Towing for the emergency removal of DV031907,
DV032141 and DV03A2159.
RESOLUTION NO. 163-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds ($1,720,000).
RESOLUTION NO. 164-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds ($3,440,000).
RESOLUTION NO. 165-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds ($5,000).
RESOLUTION NO. 166-1996
See Res. Book No. 130, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Life Insurance Renewal Rider with John Alden Life Insurance, for
policy year effective October 1, 1995, reducing the rate for
basic coverage from .45 per $1000, to .40 per $1000, with an
approximate yearly savings of $17,169.24.
TOURIST DEVELOPMENT COUNCIL
Board adopted the following Resolution providing for a
policy of the 3406 North Roosevelt Blvd. corporation to include
as a part of the employment process, an outstanding warrant/
background check and physical examination.
RESOLUTION NO. 167-1996
See Res. Book No. 130, which is incorporated herein by reference.
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Board granted approval and authorized execution of a
Destination Funding Agreement between Monroe County and the
Association for Tourism Development, covering Fantasy Fest 1996,
October 18-27, 1996, in an amount not to exceed $84,000 - FY96
Third Penny.
CONSENT AGENDA/BULK APPROVALS
Board granted approval to seek permits to place channel
markers in Duck Key Channel.
Board granted approval to seek permits to place channel
markers in Moser Channel.
Board granted approval of a Flood Variance Application
submitted by Guy Hickman, for placement of a limited bath
facility below base flood elevation on property located on Lot
15, Overseas Estates, Key Vaca
Board granted approval of a Flood Variance Application
submitted by Ken Sorensen, for placement of a detached garage
enclosure greater than 300 square feet below base flood
elevation, for parking only, on property located on Lot 13, Block
4, Buttonwood Shores, Key Largo.
Board granted approval of a Flood Variance Application
submitted by James & Mary Ann Bokor, for placement of a limited
bath facility below base flood elevation, on property located on
Lot 2, Block 3, Kahiki Harbor, Plantation Key.
Board granted approval of a Flood Variance Application
submitted by Nick Ferrara, for placement of a limited bath
facility below base flood elevation, on property located on Lot
1, Block 4, Venetian Shores, Plantation Key.
Board granted approval of a Flood Variance Application
submitted by Alexander Sandusky, for placement of a limited bath
facility below base flood elevation, on property located on Lot
12, Block 5, Key Haven 10th Addition, Raccoon Key.
Board granted approval of a Flood Variance Application
submitted by Jose M. Espinosa, Jr., for placement of a limited
bath facility below base flood elevation, on property located on
Lot 3, Block 4, Sunshine Estates, section One, Plantation Key.
Board granted approval and authorized execution of an
Amendment to the Bicycle and Pedestrian Transportation Services
Agreement between Monroe County and Barton-Aschman Associates, to
provide additional services in accordance with a revised payment
schedule, following the approval of supplementary funding
provided by Florida Department of Transportation for this
project.
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Board granted approval to renew the term of James
Aultman as an alternate member to the Contractors Examining Board
for an additional four years.
GROWTH MANAGEMENT DIVISION
Board granted approval of staff's recommendation of a
membership list to the Monroe County Bicycle and Pedestrian Plan
Steering Committee intended to oversee and offer input on the
development of the Plan in accordance with the requirements of an
approved Joint Participation Agreement between Monroe County and
Florida Department of Transportation, and authorization for staff
to contact the agencies and groups.
COMMISSIONERS' ITEMS
Board granted approval to increase the Key West Airport
Ad Hoc Committee on Noise from five members to nine members.
Alternate member, Vivian Arnold resigned. James T. Robinson and
Dr. Robert Elliott are hereby appointed as representatives of the
community, and Susan Kent, representing American Airlines. An
additional member, representing the airline industry, will be
added to balance community and airline participation.
Board granted approval for reimbursement of expenses to
Commissioner Harvey, in the amount of $70 for materials used at
the Governor-Cabinet Meeting March 28, 1996.
Board accepted an invitation from state Attorney Kirk
c. Zuelch, inviting the Mayor and Commissioners to the next Law
Enforcement Luncheon, Wednesday, April 24, 1996, 12 noon, in the
ballroom located at "The Top" of the Holiday Inn LaConcha, 430
Duval Street, Key West, commemorating April 21 through 27, 1996
as victim Rights Week, with the official theme this year "victim
Justice: A New Day Dawns." Mr. Zuelch asked to show support for
the rights of crime victims by flying all flags at half mast and
asking all County employees to turn on their headlights from dawn
until dusk on Wednesday, April 24.
COUNTY ADMINISTRATOR
Board granted approval of Park Maintenance Bids and
authorization to prepare contracts. Said list is incorporated
herein by reference.
Board adopted the following Resolution designating the
Monroe County Arts Council as the single, official local arts
agency for Monroe County.
RESOLUTION NO. 168-1996
96/116
See Res. Book No. 130, which is incorporated herein by reference.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY' PSYCHOLOGICAL EVALUATIONS, Care Center for
Mental Health, in the amount of $1,500.00; Guillermo Marcovici,
in the amount of $1,200.00; Leslie Morgan, in the amount of
$900.00.
COURT APPOINTED ATTORNEY'S, Margaret Mills, in the amount of
$2,385.00; Bonnie Helms, in the amount of $2,460.00; Jason R.
Smith, in the amount of $2,233.75; Timothy Thomes, in the amount
of $355.70; Manuel Garcia, in the amount of $4,447.00.
COURT APPOINTED ATTORNEY'S - CONFLICT, Laurie Hall, in the
amount of $1,593.19; Natural Law, Inc., in the amount of $930.00;
Roberta S. Fine, in the amount of $392.00; Marci Rose, in the
amount of $1,879.07; John Rotolo, in the amount of $1,111.225;
Larry Erskine, in the amount of $700.00; cunningham, Albritton,
Lenzi, in the amount of $1,400.00; Donald Yates, in the amount of
$2,352.00; Joe Miklas, in the amount of $510.00.
TRAVEL EXPENSES, Witness Travel, in the amount of $1,119.48.
COURT REPORTERS, Associated Court Reporters, in the amount
of $4,350.25; Florida Keys Reporting, in the amount of $1,097.75;
Soon Schunot, in the amount of $171.00; Mudrick, Witt, Levy &
Consor, in the amount of $30.00; vicki Lynn Doty, in the amount
of $546.00; Nichols & Hardy, in the amount of $386.50; Nancy
Maleske, in the amount of $29.75; Amy Landry, in the amount of
$60.00.
REGULAR WITNESS FEES, witness Payroll, in the amount of
$308.92
EXTRADITION, Richard Roth, in the amount of $2,065.58.
OTHER EXPENSES, Louis Spallone, in the amount of $2,500.00;
witness Lodging, in the amount of $142.00.
COURT INTERPRETERS, J.R. Alayon, in the amount of $60.00;
William Waddell, in the amount of $430.00; Jose Menendez, in the
amount of $345.00; Rejean Clement, in the amount of $30.00;
American Sign Language, in the amount of $197.50; Joseph Marble,
in the amount of $600.00; Tonasz Gadomski, in the amount of
$25.00; Dominga Leroy, in the amount of $45.00; Grace Krulasik,
in the amount of $50.00; Lou Havran, in the amount of $70.00;
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Juan Borges, in the amount of $25.00; Rev. Julia Seward, in the
amount of $50.00; Marlene Miller, in the amount of $80.00.
MISC. EXPENSES - ALL, Care Center for Mental Health, in the
amount of $15.00.
COUNTY CLERK
Board approved the following Warrants:
COMMUNITY DEVELOPMENT BLOCK GRANT (100), #154, in the amount
of $20,900.00
SUPPLEMENT TO GENERAL REVENUE FUND (002), #629/631,#634, in
the amount of $112,070.72
FINE & FORFEITURE FUND (101), #1664-#1668, in the amount of
$128,787.17
ROAD AND BRIDGE OPERATING (102), #953-#957, in the amount of
$378,947.02
LAW LIBRARY FUND (103), #522-#524, in the amount of
$3,064.50
TOURIST DEVELOPMENT COUNCIL (115-121), #998-#1001, in the
amount of $789,236.55
FAIR SHARE IMPROVEMENT TRUST FUND (130-134), #236-#238, in
the amount of $51,228.05
MSD TAXING DISTRICTS (145,146,141), #902-#906, in the amount
of $227,190.88
TRANSLATOR FUND/E911 ENHANCEMENT FEE (142), #573-#576, in
the amount of $28,559.50
UPPER KEYS TRAUMA DISTRICT (144), #325-#328, in the amount
of $8,628.18
PLANNING,BUILDING,& CODE ENFORCEMENT/
PARKS & BEACHES UNINCORPORATED (147,148) #620-#625, in the
amount of $387,372.21
VENETIAN SHORES SPEC RD DIST &
DUCK KEY SECURITY (149/152), #118-#119, in the amount of
$4,071.26
MONROE COUNTY LOCAL HOUSING ASSIST. (153), #1086-1088, in
the amount of $31,563.75
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COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND
CAPITAL PROJECTS FUND (301/304), #849-#853, in the amount of
$454,576.46
SALES TAX BOND ANTICIPATION NOTE (305), #235, in the amount
of $376,000.00
CARD SOUND BRIDGE FUND (401), #652-#656, in the amount of
$239,505.92
AIRPORT OPERATION & MAINTENANCE FUND (403/404), #1023-1027,
in the amount of $114,832.75
MSD PLEDGED FUNDS (414), #514-#517, in the amount of
$1,084,603.08
WORKERS COMPENSATION FUND (501), #4354-#4358, in the amount
of $129,940.18
GENERAL REVENUE FUND (001), #257081-259487, in the amount of
$13,859,545.14
MONROE COUNTY GROUP INS FUND (502), #818-#824, in the amount
of $217,929.31
RISK MANAGEMENT FUND & FLEET MANAGEMENT FUND (503/504),
#420-#424, in the amount of $172,915.73
FL TRUST FUND (600,601), #1123-1125, in the amount of
$22,325.32
Board approved the County Commission Meeting Minutes of
February 15, 21 and March 11, 1996.
COUNTY ATTORNEY
Board granted approval to advertise an Ordinance adding
Section 6-16.1 (12) establishing the general requirements for
roofing materials, applications, accessories, roof mounted
equipment and inspections applicable in the unincorporated areas
of Monroe County; providing for the repeal of all ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective
date.
SHERIFF'S DEPARTMENT
Board granted approval of the following expenditures
from the Law Enforcement Trust Fund, in the total amount of
$12,400.
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$9,600 - Purchase six stalker KA-band dual antenna
traffic radar units to loan to Florida Highway Patrol
in Monroe County.
$1,000 - Southernmost Soccer Association which
serves 625 children on 52 different teams.
$300 - Sponsor a basketball team in the Marathon
Youth League.
$1,500 - Upper Keys Youth Sports Club to outfit
junior football teams.
Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval and authorizing execution
of an Addendum to Agreement between Monroe County and Tinsley
Advertising and Marketing, Inc., to extend the agreement
currently covering October 1, 1993 through September 30, 1996,
for a period of one year ending September 30, 1997. Motion
carried unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an
Ordinance revising Sections 2-370 et seq.; revising the number of
persons on the Florida Keys Council for the Handicapped; revising
the selection of members and terms; revising the number of
persons necessary to constitute a quorum; providing for
severability; providing for the repeal of all ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective
date. There was no public input. Motion was made by
Commissioner Harvey and seconded by Commissioner Reich to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 023-1996
See Ord. Book No. 39, which is incorporated herein by reference.
County Attorney, James T. Hendrick, addressed the
Board. Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to read all ordinances by title only. Motion
carried unanimously.
A Public Hearing was held concerning adoption of an
Ordinance amending Section 6-16.3, Monroe County Code, by
adopting the 1994 edition of the Standard Swimming Pool Code as
the Standard Code applicable in the unincorporated areas of
Monroe County; providing for severability; providing for the
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repeal of all ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and
providing for an effective date. There was no public input.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 024-1996
See Ord. Book No. 39, which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance supplementing section 3-12, Monroe County Code;
enabling courts to issue Orders to Show Cause, pursuant to
Chapter 828, Florida Statutes, for violations of said section;
providing for severability; providing for the repeal of all
ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code of Ordinances; and providing for an
effective date. There was no public input. Motion was made by
Commissioner Reich and seconded by Commissioner Harvey to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 025-1996
See Ord. Book No. 39, which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance amending section 6-42(a), Monroe County Code, in order
to clarify and provide that certain governmental entities that
have development or environmental permit jurisdiction over Monroe
County are exempt from County Building Permit or Right-of-Way
fees only if the governmental entity does not charge the County a
fee (including an impact fee) for a Development or Environmental
Permit or use of rights-of-way; clarifying and providing that the
Monroe County School Board, the Volunteer Fire Departments, and
the Volunteer Emergency Medical Service Departments are exempt
from County Building Permit Fees; providing for severability;
providing for the repeal of all ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of
Ordinances; and providing for an effective date. Nicholas
Mulick, attorney representing Florida Keys Electric cooperative
Association, addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Douglass to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 026-1996
See Ord. Book No. 39, which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of an
Ordinance providing that the Monroe County Board of County
Commissioners may, by Resolution, approve additional compensation
to the newly employed Environmental Management Director, Clark
Lake, in an amount not to exceed $5,000.00; providing for certain
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restrictions on such compensation; 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 Douglass and seconded by
Commissioner Harvey to adopt the following Ordinance. Roll call
vote was taken with the following results:
commissioner Douglass Yes
commissioner Harvey Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
ORDINANCE NO. 027-1996
See Ord. Book No. 39, which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of an
Ordinance providing that the Monroe County Board of county
Commissioners may, by Resolution, approve additional compensation
to the newly employed Director of Planning, Timothy McGarry, in
an amount not to exceed $5,000.00; providing for certain
restrictions on such compensation; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of
Ordinances; and providing for an effective date. There was no
public input. Motion was made by Commissioner Douglass and
seconded by Commissioner Harvey to adopt the following Ordinance.
Roll call vote was taken with the following results:
commissioner Douglass Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor Freeman Yes
Motion carried.
ORDINANCE NO. 028-1996
See Ord. Book No. 39, which is incorporated herein by reference.
A Public Hearing was held concerning the adoption of an
Ordinance prohibiting Monroe County Code Enforcement personnel
from accepting or acting upon any anonymous tip or complaint that
alleges a violation of the Monroe County Code of Ordinances;
providing a definition of anonymous; requiring County Code
Enforcement personnel to inform persons who contact the Code
Enforcement Department to report code violations of the County's
policy on anonymous complaints; providing for severability;
providing for the repeal of all ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of
Ordinances; and providing for an effective date. The following
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individuals addressed the Board: Marjorie Chapin, Bernard
Mulligan, Ed Hoover, Bill Gorsuch, Eugene Shinkevich, Jane
Schnebelt, Eunice Lum and Joan Langley. The County Attorney
addressed the Board. Motion was made by Commissioner Harvey and
seconded by Commissioner Douglass to continue this Public Hearing
for the next regular Board of County Commissioners meeting for
the third and final Hearing. Motion carried unanimously.
A Public Hearing was held concerning the adoption of an
Ordinance establishing a permit procedure for public assemblies;
providing for definitions; requiring that no person may hold a
public assembly without a permit; providing for a permit
application procedure and fee; providing for the grant of a
public assembly permit by the Planning Director with or without
conditions and providing criteria therefor; providing for the
denial of a Public Assembly Permit by the Planning Director and
the grounds for such denial; providing that conduct at a Public
Assembly authorized by a permit does not violate other County
ordinances excepting those that regulate noise and alcoholic
beverages for which separate permits must be obtained; providing
for the modification or revocation of a Public Assembly Permit
and the criteria therefor; providing that the Planning Director's
decision concerning a Public Assembly Permit or application is
the final administrative action of Monroe County; providing
penalties for violations; providing that this ordinance is
effective in the unincorporated areas of Monroe County; providing
for severability; providing for the repeal of ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective
date. There were no speakers. The Clerk read a letter into the
record from H.T. Pontine County Attorney, James T. Hendrick,
addressed the Board. The County Attorney was requested to
investigate additional language that would limit the proposed
ordinance's application to assemblies that extend to more than a
24 hour period. Motion was made by Commissioner Harvey and
seconded by Commissioner Douglass to continue this Public Hearing
to the next regular Board of County Commissioners Meeting.
Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Harvey and seconded by
Commissioner Douglass granting approval of a request by John
Carbonell, President of Super Boat Racing, Inc., to utilize the
enclosed tower area at Higgs Beach as a Dry pit Area from May 13
through May 20, 1996. Motion carried unanimously. Commissioner
Harvey requested staff to inquire to the Federal Government
requesting they deed the land enclosing the tower over to the
County. Public Works Director, Dent Pierce addressed the Board.
Motion was made by Commissioner Reich and seconded by
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commissioner Harvey granting Award of Bid and authorizing
execution of a contract between Monroe County and RMS
International for an emergency generator inspection and
electrical repair contract. County Attorney to include
appropriate language for a one year contract with an additional
two years to be approved one year at a time. Motion carried
unanimously.
Community services Director, Peter Horton, addressed
the Board. Motion was made by Commissioner Harvey and seconded
by Commissioner Reich granting approval for Island Coaches to
occupy space at the Key West International Airport on a month-to-
month basis until such time as a lease agreement can be drafted,
reviewed and approved. Motion carried unanimously.
commissioner Reich addressed the Board. Motion was
made by Commissioner Reich and seconded by Commissioner Harvey
granting approval and authorizing execution of an Amendment to
the Agreement between Monroe County and Florida Department of
Environmental Protection, Boating Improvement Fund, for the
removal of alien vessels. Motion carried unanimously.
County Administrator, James Roberts and Social Services
Director, Louis LaTorre, addressed the Board concerning In-Home
Services. Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval for In-Home Services to
advertise a Request for Proposals for the provisions of direct
core services of chore, homemaking, personal care and respite
care, funded by the Community Care for the Elderly, Community
Care for Disabled Adults, Older Americans Act Title III-B and
III-D, and the Alzheimer's Disease Initiative Grant Programs.
Motion carried unanimously.
COUNTY ADMINISTRATOR
Mr. Roberts requested that the issues of the Group
Benefits Program and Third Party Administration for Group
Benefits be heard together. The following individuals addressed
the Board: Thomas Brazil, representing Fraternal Order of
Police; James K. Simon, representing the Keys Physician Hospital
Alliance; Lawton Swann, President of Interisk Corporation; and
Sheriff Rick Roth. After Board discussion, Motion was made by
Commissioner Douglass and Seconded by Mayor Freeman granting
approval and authorizing execution of the following two
contracts:
Contract between Monroe County and Keys Physician
Hospital Alliance for utilization review services for group
benefits program and network Access.
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Contract between Monroe County and Acordia, Inc., for
Third Party Administration of Group Benefits Program.
Roll call vote was unanimous.
Mr. Roberts introduced Maria Gonzalez and Leah Beard
from the Employee Benefits Division.
GROWTH MANAGEMENT DIVISION
Growth Management Director, Bob Herman, and Bill Smith,
Executive Director of the Florida Keys Contractor's Association,
addressed the Board. Motion was made by Commissioner Reich and
seconded by Commissioner Douglass granting approval of the
following persons to the Construction Board of Adjustments and
Appeals:
Michael Bier - Architect
Phil Childs - Engineer
Bob Hilson - Roofing Industry
Roll call vote was unanimous.
Russell Teall, Chairman of the Boot Key Harbor Ad Hoc
Committee and George Garrett, Marine Resources Director,
addressed the Board. Motion was made by Commissioner Douglass
and seconded by Commissioner Harvey to endorse the
recommendations as enumerated in the Resolution of the Boot Key
Harbor Ad Hoc Committee as modified below:
Action No. 3 on page 1 modified to:
3. The Commission should ~~~~*y~i~ect its ~t~
~e develop afl~~~€6Si~ park plan for the entire
area in question, including
Roll call vote was unanimous.
George Garrett addressed the Board and discussed a
recommendation of the Boot Key Harbor Ad Hoc Committee to fund a
pump-out holding tank at "Pat and Kelly's Marina" currently owned
by the Florida Keys Electric cooperative Association. Russell
Teall addressed the Board. Motion was made by Commissioner
Douglass and seconded by Commissioner Harvey directing staff to
pursue the possibility of a pump-out station in Boot Key Harbor,
specifically at Pat and Kelly's Marina. Motion carried
unanimously.
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LAND AUTHORITY ITEMS SITTING AS
BOARD OF COUNTY COMMISSIONERS
Executive Director of the Monroe County Land Authority,
Mark Rosch, addressed the Board concerning a grant contract for
$2.3 million in land acquisition funds from Florida Communities
Trust toward the purchase of property located in the city of Key
West. city of Key West Attorney, Diane Covan, addressed the
Board. Motion was made by Commissioner Harvey and seconded by
Commissioner Reich granting approval of the Grant Contract with
the following changes as read by Mr. Rosch into the record:
1. Grant recipient is required to execute this
contract by May 12, 1996.
2. Grant contract would recognize Land Authority
funds may be used as a local match if local bodies
agree.
3. Grant amount is an amount up to $2.3 million.
4. Identification of contact persons from Monroe
County and the City of Key West.
5. statement of Compliance status of the City of Key
West Comprehensive Plan.
Roll call vote was unanimous.
COUNTY ADMINISTRATOR
Lavon Wisher, Financial Advisor with Public Financial
Management, addressed the Board. Motion was made by Commissioner
Douglass and seconded by Mayor Freeman granting approval for
Public Financial Management to prepare for a partial re-funding
of bonds at the $700 thousand level to achieve savings; ~
authorization for bond counsel and financial advisor to proceed
with preparation of the appropriate documents; and authorization
for issuance of a Request for Qualifications for the qualifying
of underwriters and a Request for Proposal for the bidding of the
price on the bonds. Roll call vote was unanimous.
DIVISION OF PUBLIC WORKS
Monroe County Construction Manager, William Bibo,
addressed the Board concerning the Selection Committee evaluation
reports and rankings of architects/engineers who submitted
qualifications concerning the "Gato Building". The following
architect/engineers were introduced and gave a presentation, in
alphabetical order, seeking to be consultants for a report and
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analysis of the existing commissary building known as the "Gato
Building": Bender & Associates Architects, P.A.; Gonzalez
Architects; Douglas J. Lafferty Architect; and Law Engineering &
Environmental Services, Inc. Following the presentations, the
Board proceeded to ballot on the firms on the basis of the lowest
point total being the firm selected, with the following results:
Douglass Harvey
Reich
Freeman
Total
Bender
1
1
2
1
5
Gonzalez
3
4
4
2
13
Lafferty
4
2
3
3
12
Law
2
3
1
4
10
On the basis of the above ballot, motion was made by
Commissioner Harvey and seconded by Commissioner Reich to
authorize staff to negotiate a contract with the firm of Bender &
Associates Architects, P.A. to prepare a report and analysis of
the Gato Building. Motion carried unanimously.
SOUNDING BOARD
Michael Korrick addressed the Board concerning the
ground transportation resolution regarding the Key West
International Airport. The following individuals addressed the
Board: Gary Guttman, representing Friendly Cab Company; James
Baker, General Manager of Key Lime Cab and Old Island Taxi; John
Murphy. Art Skelly, Director of Airports, and Peter Horton
addressed the Board. Mr. Skelly agreed to meet with the various
taxi companys to come up with a system that could be agreed to on
a trial period.
Pastor William Welzien, representing the Monroe County
Christian Coalition presented the Board with petitions with 660
names and discussed a Resolution presented to the city of Key
West Commissioners regarding Fantasy Fest 1996. The following
individuals addressed the Board: Elmira Leto, Patricia Lopez,
Norma Renner, Jerry Duncan, Dennis Beaver, President of the Key
West Business Guild; Adrian Wall, Steve Smith, John Adams, Jim
Thomas, Tom Holt, Frank Romano, Celine Mahler, Peter Arrow,
President of Spectrum Radio; Michael B. Ingram, Chairman of the
Tourist Development Council; Steven Torrence, representing the
Metropolitan Community Church, Kay Andrews, Reverend Gary
Redwine, representing the Big Coppitt First Baptist Church,
Joseph Liszka, representing the Association for Tourism
Development, Sheri Smallwood, representing the Key West Womens
Club, Danny Smith, Reverend Paul Kruger, representing Holy
Trinity Lutheran Church; Joe Mather, Ann L. Dickinson,
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representing the Association for Tourism Development; Tony
Falcone, Acting President of Fantasy Fest and the Association for
Tourism Development; Todd Swofford, General Manager of Spectrum
Radio; Mike Morawski, President of the 907 Whitehead Corporation
(Ernest Hemingway Home and Museum); Jeff Webb, President of the
Key West Hotel/Motel Association; Bob Tracy, President of the Key
West Innkeepers Association; and Matt Babich. The Board entered
into discussion. No official action taken.
Charles E. Kanter discussed the name change issue of
Marathon and requested the Board rescind the Resolution
concerning the Marathon name change to Marathon Key. The
following individuals addressed the Board: Gail Swanson, John
Viele, Ray Kitchener, representing the Greater Marathon Chamber
of Commerce. Danny Kolhage, Clerk of the Court, read a statement
into the record from Betty Vail. The Board agreed to hear this
issue again at the next regular Board of County Commissioners
Meeting in Marathon.
MISCELLANEOUS
Lynn Perman, board member of the Monroe County Arts
Council reported on the progress of the new Arts Council and
their first fundraiser "Up From the Ashes" which raised over
$21,000.
Dr. Margaret smith, Chairman of the Monroe County
Sesquicentennial Coordinating Committee, reported on the final
activities of the Committee. Dr. Smith presented the Board with
the final report from the Florida Sesquicentennial Commission, a
copy of which has been placed in all libraries, and a framed copy
of the seal that was designed for the Sesquicentennial Committee.
PUBLIC HEARINGS
A Public Hearing was held to amend the Fine and
Forfeiture Fund #101. There was no public input. Motion was
made by Commissioner Reich and seconded by Commissioner Douglass
to adopt the following Resolution concerning the amended budget.
Motion carried unanimously.
RESOLUTION NO. 169-1996
See Res. Book No. 130, which is incorporated herein by reference.
A Public Hearing was held to consider a budget
amendment to the Key West Airport Fund #404, for Fiscal Year
1996. Peter Horton addressed the Board. There was no public
input. Motion was made by Commissioner Douglass and seconded by
Commissioner Harvey to adopt the following Resolution concerning
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the amended budget. Motion carried unanimously.
RESOLUTION NO. 170-1996
See Res. Book No. 130, which is incorporated herein by reference.
Motion was made by commissioner Reich and seconded by
Commissioner Harvey to continue the balance of the agenda to
April 18, 1996 at 9:00 a.m.
There being no further business to come before the
Board, the meeting was adjourned.
Clerk to the Board of County
Commissioners of Monroe County
--'b~ c. l\ _.A~__+....
Deputy Clerk ~