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12/18/1996 Regular 96/372 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 18, 1996 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Marathon Government Center. Present and answering to roll call were Commissioners wilhelmina Harvey, Jack London, Mary Kay Reich Shirley Freeman and Mayor Keith Douglass. 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 London and seconded by Commissioner Harvey granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. Community Services Director, Peter Horton, introduced Mr. Edward "Sandy" Sands as the new Marathon Airport Manager. PRESENTATION OF AWARDS Presentation of Employee of the Month award for the month of September, 1996, to Robin Dye, Marine Resources Planner, Growth Management Division. Board adopted the Resolution commending the Monroe County Sheriff Department's Homicide Unit, FDLE, State Attorney's Office, FBI, and Detective Sgt. Jerry Powell, head of that unit, for their outstanding work and efforts in solving the murders of Mike and Susan "Missy" MacIver and their unborn son, Kyle Patrick MacIver. RESOLUTION NO. 541-1996 See Res. Book No. 132 which is incorporated herein by reference. Presentation of Quality Award for Aluminum Recycling, to the Recycling Department from Reynolds Metals Company. Motion was made by Commissioner Freeman and seconded by 96/373 commissioner Harvey granting approval of the following items by unanimous consent: BULK APPROVALS Board granted approval to remove surplus items from inventory and dispose of same, advertise for bids, accept bids and acknowledge state Grant transfer. said inventory listing is incorporated herein by reference. Board granted approval to purchase one (1) caterpillar IT14G Loader with solid tires and a five (5) year 7500 hour extended warranty through the Federal GSA Contract. Board granted approval to purchase one (1) 1997 Ford Taurus with spare tire for the Solid Waste Management Administration; and One (1) 1997 Ford F150 pick-up truck with 4.6 liter v* and 8' bed for Pollution Control. Board granted approval to award bid and execute a contract between Monroe County and TPS, Inc. for a pre-engineered building for the Key Largo Recycling Center. Board granted approval to advertise for bids for the Bayshore Manor Nutrition Program. Board granted approval of the 1997 Older Americans Act Grant and Contract KG-751 with the Alliance for Aging, Inc. Board granted approval of Contract Amendment #1 to Contract KG-651E, with the Alliance for Aging, Inc. Board granted approval to reject all Library Automation proposals and direct staff to readvertise for same. Board granted approval of the appointment of Mike Lannon, newly elected Superintendent of Schools, to replace Robert Walker on the Jobs and Education (JEP) Board. Board granted approval of an Agreement with Marathon Volunteer Fire and Rescue, Inc. to provide air rescue firefighting services for the Marathon Airport. Board granted approval of a Supplemental Joint Participation Agreement with the Florida Department of Transportation to continue funding for Monroe County Airports planning studies. Board granted approval of Purchase/Service Order 95/96- 16 for Greiner, to perform the Part 150 Noise Study update for the Key West International Airport. 96/374 Board granted approval for the Collings Foundation to display a B-17 and B-24 aircraft at the Key West and Marathon Airports. Board adopted the following Resolution for the filing of a Grant Application for the reconstruction of the Barcelona Boat Ramp, Big coppitt, Monroe County. RESOLUTION NO. 542-1996 See Res. Book No. 132 which is incorporated herein by reference. Board granted approval to purchase and replace vehicles from several awarded Florida state contract dealers, in the amount of $109,610.91. Said listing incorporated herein by reference. Board granted approval to renew the existing fuel contract with Dion oil Company for delivery of diesel fuel and unleaded gasoline for one (1) additional year. Board granted approval to authorize Marathon Business and Professional Womens Club to close and utilize Sombrero Boulevard, Copa D'Oro, Santa Barbara, octoillo Lane and Saguaro Lane on January 19, 1997 from 8:55 AM - 10:00 AM for their Third Annual "New Year's Resolution" 5K Run. Board granted approval to cancel the contract with Envirotech Contractors to abate asbestos in the Public Service Building, Stock Island and to re-bid the abatement. Board granted approval to cancel contract with Dove Environmental Corporation to monitor asbestos in the Public Service Building, Stock Island. Board granted approval to purchase from Florida State contractor (New Holland) two multi purpose wheel tractors at $15,282 each, in the total amount of $30,564. Board granted approval to purchase from Florida State contractor (Ed Morse Fleet) four (4) 1/2 ton pick-up trucks with optional eight foot beds, at $14,015.96 each, in the total amount of $56,063.84. Board granted approval to purchase from Federal Contractor (Kelly Tractor) one (1) new vibratory compactor in the total amount of $23,030. Board granted approval to advertise for bids for a new bucket truck for the Roads and Bridges Department. Board granted approval for Faro Blanco employees to serve and consume alcoholic beverages on the premises of Sombrero Rev/s/on 96/375 Beach on January 17, 1997, from 9:00 AM - 5:00 PM for their "Annual Employee Picnic". Board granted approval to prepare and advertise a Request for Proposals (RFP) for actuarial services needed in conjunction with the volunteer fire fighters' Length of Service Awards Program (LOSAP). Board granted approval to prepare and advertise a Request for Proposals (RFP) for the Length of Service Awards ~ Program (LOSAP) for the volunteer fire fighters who provide services in District 6. Board granted approval to prepare and advertise a Request for Proposals (RFP) to procure the services of a certified Public Accountant (CPA) to conduct annual financial audits of the Key Largo Volunteer Fire Department and Key Largo Volunteer Ambulance Corp, for the fiscal years ended 1994 and 1995. Board granted approval to execute the FY 1997 Anti-Drug Abuse Agreement that provides pass-through funding to the Key West Police Department DARE Program 97-CJ-3S-11-54-01-198 and to execute the sub-contract (Interlocal Agreement ) with the City of Key West for program implementation. Board granted approval to execute the FY 1997 Anti-Drug Abuse Agreement for the Sunshine House Project 97-CJ-6J-11-54-01- 096 and to execute the sub-contract (Sunshine House Funding Agreement) with the Florida Keys Outreach Coalition for program implementation. Board granted approval to execute the FY 1997 Anti-Drug Abuse Agreement for the Sheriff's DARE Program 97-CJ-6J-11-54-01- 093. Board adopted the following Resolution recognizing local efforts to pursue a Florida Scenic Highway Designation for the Florida Keys Overseas Highway. RESOLUTION NO. 543-1996 See Res. Book No. 132 which is incorporated herein by reference. Board granted approval of the Older American Act Title III C-2 budget revision. Board granted approval of the reappointment of the following members to the Monroe County citizens Advisory Task Force: Ms. Beverly Johnson, Chairperson Ms. Dagny Johnson Mr. Lawrence Johnson Mr. Leroy Shade 96/376 Mr. Jeffrey D. Smith Board granted approval to advertise going out for competitive bids for Monroe County Courier Service. Board adopted the following Resolutions for the Transfer of Funds and Receipt of Unanticipated Revenue: Resolution concerning the Transfer of Funds. (Schedule Item 1) RESOLUTION NO. 544-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 2) RESOLUTION NO. 545-1996 See Res. Book No. 132 which is incorporated herein by reference. Item 3) Resolution concerning the Transfer of Funds. (Schedule RESOLUTION NO. 546-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 4) RESOLUTION NO. 547-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 5) RESOLUTION NO. 548-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 108-1996. (Schedule Item 6) RESOLUTION NO. 549-1996 See Res. Book No. 132 which is incorporated herein by reference. Item 7) Resolution concerning the Transfer of Funds. (Schedule RESOLUTION NO. 550-1996 See Res. Book No. 132 which is incorporated herein by reference. Item 8) Resolution concerning the Transfer of Funds. (Schedule 96/377 RESOLUTION NO. 551-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 9) RESOLUTION NO. 552-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 10) RESOLUTION NO. 553-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 11) RESOLUTION NO. 554-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 12) RESOLUTION NO. 555-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 13) RESOLUTION NO. 556-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 14) RESOLUTION NO. 557-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 15) RESOLUTION NO. 558-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 16) RESOLUTION NO. 559-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated 96/378 Funds. (Schedule Item 17) RESOLUTION NO. 560-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 18) RESOLUTION NO. 561-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 19) RESOLUTION NO. 562-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 20) RESOLUTION NO. 563-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 21) RESOLUTION NO. 564-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 22) RESOLUTION NO. 565-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 23) RESOLUTION NO. 566-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 24) RESOLUTION NO. 567-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 25) RESOLUTION NO. 568-1996 See Res. Book No. 132 which is incorporated herein by reference. 96/379 Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 26) RESOLUTION NO. 569-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 27) RESOLUTION NO. 570-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 28) RESOLUTION NO. 571-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 406-1996. (Schedule Item 29) RESOLUTION NO. 572-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 30) RESOLUTION NO. 573-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 407-1996 (Schedule Item 30A) RESOLUTION NO. 574-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution 409-1996 (Schedule Item 31) RESOLUTION NO. 575-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 410-1996. (Schedule Item 32) RESOLUTION NO. 576-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 411-1996. (Schedule Item 33) RESOLUTION NO. 577-1996 96/380 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 412-1996. (Schedule Item 34) RESOLUTION NO. 578-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 413-1996. (Schedule Item 35) RESOLUTION NO. 579-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 36) RESOLUTION NO. 580-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Transfer of Funds. (Schedule Item 37) RESOLUTION NO. 581-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 408-1996. (Schedule No. 37A) RESOLUTION NO. 582-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution concerning the Receipt of Unanticipated Funds. (Schedule No. 38) RESOLUTION NO. 583-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 39) RESOLUTION NO. 584-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 40) RESOLUTION NO. 585-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 41) 96/381 RESOLUTION NO. 586-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 42) RESOLUTION NO. 587-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 43) RESOLUTION NO. 588-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution amending Resolution No. 424-1996. (Schedule Item 44) RESOLUTION NO. 589-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 45) RESOLUTION NO. 590-1996 See Res. Book No. 132 which is incorporated herein by reference. Funds. Resolution concerning the Receipt of Unanticipated (Schedule Item 46) RESOLUTION NO. 591-1996 See Res. Book No. 132 which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds. (Schedule Item 1 - Verbal Add On) RESOLUTION NO. 592-1996 See Res. Book No. 132 which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds. (Schedule Item 2 - Verbal Add On) RESOLUTION NO. 593-1996 See Res. Book No. 132 which is incorporated herein by reference. Board granted approval to allow Paradise Island Airlines to operate at the Key West International Airport on a month to month basis until a formal agreement can be ratified by the Board. Board adopted the following Resolution concerning the 96/382 Receipt of Unanticipated Funds. On) (Schedule Item 3 - Verbal Add RESOLUTION NO. 594-1996 See Res. Book No. 132 which is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval of a 36 month Lease Agreement with Buddes Office Supply, representative for Xerox Corporation, for a replacement copier for TDC Administrative Office. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Redbone, Inc., covering the Little Palm Island Grand Tournament in the amount of $5,952. Board granted approval and authorized execution of an Agreement for Grant of Funds with the Key West Art & Historical Society, Inc., in an amount not to exceed $49,593 DAC I FY '97 Capitol Projects funds for the Custom House Project. Board granted approval of increase in contractual amount of 2.9% CPI pursuant to contract provision. Board granted approval and authorized execution of a Local Market Report Agreement between Monroe County and smith Travel Research, Inc., in an amount not to exceed $3,600. Board granted approval and authorized execution of a Funding Agreement between Monroe County and Starfire Unlimited, Inc. covering the Womenfest Key West '97 in the amount of $14,000. Board granted approval and authorized execution of a Dive Umbrella Contract between Monroe County and Keys Association of Dive Operators to act as County wide Dive Umbrella in the amount of $100,000. Board granted approval and authorized execution of an Agreement between Monroe County and Florida Floats & Events, Inc. d/b/a King Orange Float Co. to provide 1997 Parade Float in the amount of $53,500 ($47,000 plus $6,500 Orange Bowl entry fee), FY '97 Two Penny which will be utilized in the Orange Bowl Parade (12/28/96), Tampa Gasparilla Parade (2/97), Ft. Myers Edison Pageant of Light Parade (2/97), Plant City strawberry Festival Parade (3/97), st. Petersburg Festival of Light Parade (4/97), Bradenton Heritage Parade (4/97) and using the previously constructed 1996 Parade Float in the Key West Fantasy Parade (10/96). 96/383 CONSENT AGENDA / BULK APPROVALS Board granted approval of a Contract between Monroe County and the Florida Department of Environmental Protection, DEP Agreement No. SWPP96-06, to fund a project known as "site Assessment for and Prioritization of Channel Marking in the Florida Keys and Florida Keys National Marine Sanctuary". Board granted approval and authorized execution of Amendment 1 - Contract for a Wastewater Facilities Plan between Monroe County and CH2MHill to complete the Wastewater Facilities Plan for Marathon. SHERIFF'S DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund in the amount of $73,024.95: Contribution to the Russell Sullivan Scholarship Fund $5,000 Help send 14 students from Coral Shores High School to a national PRIDE Drug Free conference in Atlanta 6,000 Monroe County Education Foundation to support the Take Stock in Children project 5,000 School Board to fund The Challenge Program at Horace O'Bryant Middle School 2,500 To construct a helicopter landing pad adjacent to the Sheriff's facilities on College Road 3,500 Acquire a laptop computer and printer for use by the Director of the Aviation Division 2,759 obtain two computer systems for use by PIO and Sheriff's Aide 8,777 Purchase commercial quality treadmill and additional equipment for the Jail Gym in Stock Island 10,000 Purchase portable single lane moving target systems for use at the firing 96/384 range 1,900 Acquire CD-ROM disk for use in FATS machine 3,308 Acquire a supply of nylon hobble ties used to restrain very violent prisoners 2,780 Replenish TRAP fund 20,000 Fund Culinary Arts Program 2,500 HEALTH AND REHABILITATIVE SERVICES Board granted approval and authorized execution of the standard contract with the State of Florida Department of Health and Rehabilitative Services (Department of Health effective January 1, 1997) for the operation of the Public Health Unit. MONROE COUNTY HOUSING AUTHORITY Board granted approval of the reappointment by the Governor of Glenwood Lopez and Annie Moses to the Monroe County Housing Authority. Board adopted the following Resolution authorizing the Monroe County Housing Authority to prepare administer and implement Home Cesspit Elimination and Septic System Replacement and Repair Program applications on behalf of both the Monroe County Housing Authority and Monroe County as separate applicants and authorizing the Mayor of the County and/or County Administrator to sign the counties application, letters of support, local government contribution letters, match fund letters and all other documents that may be required for the submission of both applications. RESOLUTION NO. 595-1996 See Res. Book No. 132 which is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval to advertise an ordinance amending Sec. 6-31(a) & (b) and 6-41 (c) & (e) to increase fair market value of new work not needing a permit to less than $1,000; eliminate the need for residential demolition permits when the fair market value of the structure to be demolished is less than $1,000; Providing additional clarification of the term "Fair Market Value". Create Section 6-46 entitled "Working Through a stop Work Order/Red Tag" with a minimum $500 fine, 96/385 automatic revocation of all Development Orders related to the work being done and a 6 month automatic suspension of the applicable contractors permit pulling privileges. 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. Board adopted the following Resolution in recognition of the late Jeanne Wells who passed away on November 24, 1996. RESOLUTION NO. 596-1996 See Res. Book No. 132 which is incorporated herein by reference. Board granted approval of Commissioner Harvey's appointment of Bettye Chaplin on the Monroe County Planning Commission. Board granted approval Joan Lord-Papy's Public Official Bond on the Monroe County Mosquito Control Board for District I. Board adopted the following Resolution in recognition of the late Dagny Wolf. RESOLUTION NO. 597-1996 See Res. Book No. 132 which is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Charles Edward Nundy. RESOLUTION NO. 598-1996 See Res. Book No. 132 which is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Captain Ray Jensen. RESOLUTION NO. 599-1996 See Res. Book No. 132 which is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Ingurtha Olsen Pinder. RESOLUTION NO. 600-1996 See Res. Book No. 132 which is incorporated herein by reference. Board approved that policy be set to retain the minutes from all BOCC appointed Boards and task forces and committees that meet in "Sunshine". This matter was referred to the County Administrator. Board adopted the following Resolution in recognition of the late Kenneth Glace. 96/386 RESOLUTION NO. 601-1996 See Res. Book No. 132 which is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Laureano Moreno. RESOLUTION NO. 602-1996 See Res. Book No. 132 which is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Dr. J. Lancelot Lester, Jr. RESOLUTION NO. 603-1996 See Res. Book No. 132 which is incorporated herein by reference. Board granted approval to reactivate the following Committee on Occupational License Revisions: Harry Knight Sally Mishmash Elizabeth Stanley-Keith Jefferson B. Webb, Jr. Scott Oropeza Board granted approval of Commissioner Reich's reappointment of Maria Richardson to the Library Advisory Board. Board granted approval of Commissioner Reich's reappointment of Estelle Incociati to the Human Services Advisory Board. Board granted approval of Commissioner Reich's reappointment of the following members to the Commission on the Status of Women: Mimi Grantham Betty Vail Pamela Martin Board granted approval of Commissioner Freeman's reappointment of Frank Courtney to the Health Council of South Florida. Board granted approval of Commissioner Freeman's reappointment of Linda Holmes to the Commission on the Status of Women. Board granted approval of Commissioner Freeman's appointment of David Holtz to the Marine and Port Advisory 96/387 Committee. Board granted approval of Commissioner Freeman's reappointment of Kathleen Stupek to the Commission on the status of Women. Board granted approval of the revised capital Projects Plan for the Infrastructure Sales Tax Program as indicated by memorandum dated December 9, 1996 from the County Administrator. Said revision is incorporated herein by reference. Board confirmed the Administrator's appointment of Cynthia Harper to be the Director of Animal Control for Monroe County. Board granted approval of Staff recommendation not to take advantage of the offer of the Florida Department of Transportation for the County to acquire a small piece of right- of-way in Key Largo, state Road No.5, Bayside. Board reviewed and approved the monthly financial documents as prepared by the Office of Management and Budget and budget trends for the next fiscal year. Board granted approval of a one year extension of contract with Diamond Detective Agency for Security at Duck Key. 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 $600.00; Leslie Morgan, in the amount of $650.00; Guillermo Marcovici, M.D., in the amount of $450.00; Pamela A. Strother, in the amount of $700.00; Frederick L. Covan, in the amount of $450.00; Paula Nardone, in the amount of $300.00; A. Louis O'Connor, in the amount of $250.00. COURT APPOINTED ATTORNEYS, Margaret Tobin-Mills, in the amount of $241.50; John Rotolo, in the amount of $6022.50; Charles I. Everett, Esq., in the amount of $3,750.00; Crimella & Hamilton, in the amount of $8262.50; Joseph Wolkowsky, in the amount of $847.50; Mark J. simms, in the amount of $1837.50; Carl Palomino, in the amount of $6022.50; Finley & Reif, in the amount of $350.00; Laurie Hall, Esq., in the amount of $630.00; Carol Ann Wolf, in the amount of $1,567.50, W. J. Heffernan, Jr., in the amount of $350.00; Michelle Cates, Esq., in the amount of $2,644.50; David J. Audlin, Jr., in the amount of $1,936.25; 96/388 Maria Betancourt, in the amount of $960.00; Hershoff & DeFoor, P.A., in the amount of $732.50. OTHER EXPENSES, Louis Spallone, in the amount of $2,250.00; Avant-Guard Service, in the amount of $250.00; State of Florida, in the amount of $303.00; RoadRuck Investigations, Inc., in the amount of $2,500.00. COURT INTERPRETERS, Thomas Lindsay, in the amount of $25.00; J.R. Alayon, in the amount of $795.00; William Waddell, in the amount of $565.00; Jose Menendez, in the amount of $780.00; Mayda Maloney, in the amount of $155.00; Gilbert D. Mora, in the amount of $260.00; Frederike Fisher, in the amount of $65.00; Juan Borges, in the amount of $65.00; Jiri Dolezal, in the amount of $25.00; Mabel Martinez, in the amount of $65.00; Eva Spain, in the amount of $35.00. COURT REPORTERS SERVICES, Associated Court Reporters, in the amount of $1,965.45; Florida Keys Reporting, in the amount of $709.30; Emily Harris Parsons, in the amount of $142.50; Vicky Lynn Doty, in the amount of $504.25; Laws Reporting, Inc., in the amount of $67.50; Jack Beasoner and Associates, in the amount of $28.00; Edmee' Prats Court Reporting Services, in the amount of $165.60; Amy Landry, in the amount of $40.50; Alan J. LeVine Court Reporting Services, in the amount of $168.75. TRAVEL EXPENSES, witness Travel, in the amount of $1,628.74. $288.30. REGULAR WITNESS FEES, witness Payroll, in the amount of COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), #274523-576269, in the amount of $3,279,600.57. COMPREHENSIVE IMPROVEMENT CONSTRUCTION FUND CAPITAL PROJECTS FUND (301/304) #874-880, in the amount of $483,941.84. Board approved the County Commission Meeting Minutes of October 16, 1996. Board granted approval of Commissioner Mary Kay Reich's Public Official Bond. Board granted approval of Supervisor of Elections Harry Sawyer's Public Official Bond. Board granted approval of Tax Collector's Harry F. ff e v /s /0 n. 96/389 Knight's Public Official Bond. Board granted approval of Bill Shaw's Public Official Bond on the Monroe County Mosquito Control Board. Board granted approval of Commissioner Freeman's Public Official Bond. COUNTY ATTORNEY Board granted approval to advertise an Ordinance for Public Hearing on March 19, 1997 in Marathon, amending the MCC Sec. 6-16.1(7), in order to achieve compatibility with the Florida windstorm Underwriting Association's performance specifications for storm shutters, thus obtaining eligibility for insurance premium discounts for Monroe County. Board granted approval to advertise an Ordinance for Public Hearing on January 15, 1997 to consolidate into one code section the provisions of the following Ordinances and revoking Ordinance Nos. 039-1996, 040-1996, 041-1996, 042-1996, and 058- 1996; establishing certain rules of conduct and operational procedure by providing for restrictions on alcoholic beverages; posting of signs regarding drug possession and exchange; hours of operation; procedures for use for special events; assemblies and other recreational activities for Bay Point Park, Bernstein Park, Big Coppitt Park, Palm Villa Park, Wilhelmina Harvey Park, Coco Plum Beach Park, Jesse Hobbs Park, Little Duck Park, Sombrero Beach Park, Ann's Beach, Islamorada Park and Old Settlers Park. · This item is discussed later in the meeting and removed from ~ the Agenda. Board granted approval of legal fees for an analysis of the legality of format on the petitions for charter government. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner London granting approval and authorizing execution of a Professional Services Contract between Monroe County and Randolph Sadtler as Special Master and to continue the current hearing system. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner Harvey No Commissioner London Yes Commissioner Reich No 96/390 Mayor Douglass Yes Motion carried. community services Director, Peter Horton, addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner London granting approval and authorizing execution of an Agreement with SeaCoast Airlines regarding termination of lease agreement, and schedule of payment for outstanding fees. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Harvey granting approval to advertise for bids to re-roof the Key Largo Library, re-roof a portion of the Marathon Library, and to install new flooring at the Key West Library. Motion carried unanimously. commissioner Reich excused herself from the meeting. Motion was made by Commissioner London and seconded by Commissioner Freeman granting approval to enter into an Agreement with the Big Pine Athletic Association to operate and supervise the Blue Heron Youth Center on Big pine Key. Motion carried unanimously, with Commissioner Reich not present. Public Safety Director, Reggie Paros, addressed the Board. Motion was made by Commissioner London and seconded by commissioner Harvey granting approval and authorizing execution of a Contract between Monroe County Board of County Commissioners, acting as the governing board for the Municipal Services Taxing District 6, Monroe County and Fire Tech Repair Service, Inc., for maintenance of Fire/Rescue vehicles, semi- annual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure; and requesting Staff to come back to the Board with additional recommendations. Motion carried unanimously, with Commissioner Reich not present. commissioner Reich returned to the meeting. County Attorney, James T. Hendrick, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Reich to adopt the following Resolution authorizing the Mayor to execute on behalf of Monroe County, an Agreement between the Florida Department of Community Affairs, Monroe County, Aldo R. Faga and Jeanne Faga, Owners, and Grill Construction, Inc., General Contractor, regarding the DCA's appeal of permit numbers 92-2-3615 and 92-2-3617. Roll call vote was unanimous. RESOLUTION NO. 604-1996 See Res. Book No. 132 which is incorporated herein by reference. 96/391 DIVISION OF SOLID WASTE Solid Waste Director, Clark Lake, informed the Board of the Holiday Schedule for waste pickup would be broadcast on Channel 16. Mr. Lake discussed progress on a volume based system. DIVISION OF GROWTH MANAGEMENT Bob Herman advised the Board that the meeting with FEMA officials would be in Washington D.C. at a time to be determined. Mr. Herman gave the Board an update on the Stormwater Management contract. PUBLIC HEARINGS A Public Hearing was held to adopt an Ordinance amending Ordinance No. 051-1996 by changing the Whale Harbor Channel Boating Restricted Area from being in effect only seasonally to being in effect all year; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; 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 Freeman to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 065-1996 See Ord. Book No. 41 which is incorporated herein by reference. County Attorney, James T. Hendrick, addressed the Board concerning the establishing of rules of conduct and operational procedure for Sombrero Beach Park, Little Duck, Palm Villa Park, Jesse Hobbs Park and Coco Plum Beach Park. Motion was made by Commissioner London and seconded by Commissioner Freeman to remove the item from the agenda. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT An update on legal issues was presented by County Attorney, James T. Hendrick. Mr. Hendrick discussed the Brier, Shaddick, Primeco, Drossel, Hill/O'Daniel, Key Largo Ocean Resorts, Dowsett, Florida Keys Citizen's Coalition - (intent to sue), Plaza Associates and the Sunshine Key matters. Mr. Hendrick and Growth Management Director, Bob Herman, discussed Vested Rights/Beneficial Use Process. 96/392 Mr. Hendrick also discussed the Lobster Walk matter. Mr. Herman, steve Asheim, and Ken Williams with CH2MHill, addressed the Board. After Board discussion, motion was made by Commissioner London and seconded by Commissioner Freeman granting approval, in concept, of a Contract with CH2MHill to complete the Monroe County Sanitary Wastewater Master Plan; subject to the receipt of an adequate funding program. Roll call vote was unanimous. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Jim smith of the South Florida Water Management District showed a video to the Board. * * * * * 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 Freeman, Commissioner French, Commissioner Halenza, Commissioner London and Chairman Douglass. Motion was made by Commissioner London and seconded by Commissioner Halenza granting approval to prepare and advertise a Request for Proposals (RFP) to procure the services of a Certified Public Accountant (CPA) to conduct annual financial audits of the nine (9) volunteer fire department corporations under contract with the Lower and Middle Keys Fire and Ambulance District, for the fiscal years ended 1994 and 1995. Motion carried unanimously. Motion was made by Commissioner French and seconded by Commissioner London granting approval to prepare and advertise a Request for Proposals (RFP) for the Length of Service Awards Program (LOSAP) for the volunteer fire fighters who provide services in District I. Roll call vote was taken with the following results: commissioner Freeman Yes Commissioner French Yes Commissioner Halenza No Commissioner London Yes Mayor Douglass Yes Motion carried. 96/393 Motion was made by Commissioner London and seconded by Commissioner Halenza granting approval and authorizing execution of an Agreement with Southern Ambulance Builders, Inc., LaGrange, Georgia, covering the purchase of a 1997 F-450 Super Duty Ambulance in the amount of $86,765. Motion carried unanimously. Motion was made by Commissioner Freeman and seconded by Commissioner London granting approval to prepare and advertise a Request for Proposals (RFP) for actuarial services needed in conjunction with the volunteer fire fighters' Length of Service Awards Program (LOSAP). Roll call vote was taken with the following results: Commissioner Freeman Yes Commissioner French Yes Commissioner Halenza No Commissioner London Yes Mayor Douglass Yes Motion carried. Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval and authorizing execution of a Contract between Board of Governors of Lower and Middle Keys Fire and Ambulance District and Fire-Tech Repair Service, Inc., for maintenance of fire/rescue vehicles, semi-annual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. Motion carried unanimously. 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. LAND AUTHORITY (SITTING A COUNTY COMMISSION) Motion was made by Commissioner Freeman and seconded by Mayor Douglass to adopt the following Resolution requesting an extension and/or modification to the Florida Communities Trust ROGO grant. Motion carried unanimously. RESOLUTION NO. 605-1996 See Res. Book No. 132 which is incorporated herein by reference. COMMISSIONERS' ITEMS 96/394 Growth Management Director, Bob Herman, addressed the Board concerning the redevelopment of commercial and residential areas. Motion was made by Mayor Douglass and seconded by Commissioner Freeman directing staff to identify code changes that would promote redevelopment of commercial and residential areas. Motion carried unanimously. Mr. Herman, addressed the Board concerning a request to establish a date for a workshop with the Board of County Commissioners and the Key Largo Chamber of Commerce Board for the purpose of discussing the economic impact study for the 18 Mile Stretch. Joan Mowery, addressed the Board. The Chamber was requested to coordinate a date and time with the County Administrator. Motion was made by Commissioner Harvey and seconded by Commissioner London granting approval to make the 24th of December, 1996 a paid Holiday for the Employees of Monroe County. Motion carried unanimously. DIVISION OF PUBLIC WORKS Gary L. Donn, P.E. representing the Florida Department of Transportation made a presentation to the Board of their Five- Year Tentative Work Program for Fiscal Years 1997/98 through 2001/02. County Engineer, Dave Koppel and Joan Mowery addressed the Board. Public Works Director, Dent Pierce; Bobby Menendez, representing the Monroe County School Board and School Board member, Debra Walker, addressed the Board concerning supervision of school facilities used on Saturdays from January through May. Motion was made by Commissioner London and seconded by Commissioner Harvey granting approval of the request in the amount of $6800. Motion carried unanimously. COMMISSIONERS' ITEMS County Attorney, James T. Hendrick, addressed the Board concerning an amendment to policy 101.18.1 to eliminate the one year filing deadline in Subsection 1, in reference to vested rights for platted subdivisions prior to 1979. H. T. Pontin and Bettye Chaplin, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner London to eliminate the 1 year filing deadline in Subsection 101.18.1 with respect to Beneficial Use Applications. Roll call vote was unanimous. County Administrator, James Roberts, and Scott Marr, representing the Key Largo Chamber of Commerce addressed the 96/395 Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to adopt the following Resolution authorizing the Key Largo Chamber of Commerce to enter into a Highway Beautification Grant Memorandum of Agreement with the Florida Department of Transportation. Motion carried unanimously. RESOLUTION NO. 606-1996 See Res. Book No. 132 which is incorporated herein by reference. Motion was made by commissioner Harvey and seconded by Mayor Freeman granting approval of inclusion of names on a plaque, of the County commissioner that served during the purchase of Truman School. The plaque to be placed on the restored building when dedication is made. Motion carried unanimously. SOUNDING BOARD Joan Manges and Eugene Shinkevich addressed the Board concerning the use of Sombrero Beach for the Renaissance Faire. MISCELLANEOUS George Neugent, Chairman of the Boot Key Harbor Ad Hoc Committee (BKHAHC) made a presentation of the Draft Report, "Recommendation for Action Concerning Boot Key Harbor, Monroe County, Florida". The following individuals addressed the Board: Russell Teal, Richard Fortmann, Samuel Arutt, George Neugent, Vern Pokorski, H. T. pontin, Pam Martin, Charles E. Kanter, Joan Manges, Max Bayard, Gene Kibbe, Ray Kitchener, Lynn Mapes, and Brian Schmitt. Motion was made by Mayor Douglass and seconded by Commissioner Freeman to adopt the Boot Key Harbor Report and recommendations for actions for Boot Key, Monroe County, Florida. Roll call vote was unanimous. Motion was made by Mayor Douglass and seconded by Commissioner Harvey directing the Boot Key Harbor Ad Hoc Committee to create an implementation plan for the Boot Key Harbor Action Plan to including budget and timetables. Roll call vote was unanimous. Motion was made by Commissioner London and seconded by Commissioner Douglass directing the County Attorney to draft an Ordinance for the continuation of the Boot Key Harbor Ad Hoc Committee as a permanent committee. Roll call vote was unanimous. 96/396 Public Works Director, Dent Pierce, updated the Board on the Schwartz property. COMMISSIONERS' ITEMS County Attorney, James T. Hendrick, discussed with the Board the part the Board of County Commissioners will play in providing a solution to the Sanctuary problem. The following individuals addressed the Board: Vern Pokorski, Charles Brooks, Peter Anderson, Sheila Mullins, Pam Martin, and H. T. Pontine This matter was referred to the County Administrator for a recommendation to the Board. Bob Wimmer gave the Board an update on the Monroe County Arts Council. MONROE COUNTY HOUSING AUTHORITY Director of the Monroe County Housing Authority, Roger Braun, addressed the Board. Motion was made by Commissioner London and seconded by Commissioner Harvey to approve the following two items: Resolution requesting the set-aside of available Home and SHIP program funds in compliance with State and Federal regulations as required for homeownership Project/Site specific use under the sponsorship of the Florida Housing Finance Agency's rent-to-own demonstration program. RESOLUTION NO. 607-1996 See Res. Book No. 132 which is incorporated herein by reference. Resolution approving the issuance by the Housing Finance Authority of Lee County, Florida to operate within the boundaries of Monroe County; Authorizing the Housing Authority of Monroe County to enter into Agreements with the Housing Finance Authority of Lee County; Approving the form of the Interlocal Agreement; Approving the issuance by the Housing Finance Authority of Lee County of not exceeding $60,000,000 Single Family Mortgage Revenue Bonds, Series 1997, to provide funds to Finance qualifying single family mortgage loans in various counties within the State of Florida, including Monroe County; and providing an effective date. Roll call vote was unanimous. RESOLUTION NO. 608-1996 See Res. Book No. 132 which is incorporated herein by reference. 96/397 PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution denying the request filed by Vivienne K. Schleu, on behalf of Galleon Bay Corporation, to amend the Land Use District (Zoning) maps from Improved Subdivision (IS) to Commercial Fishing Village (CFV) for property legally described as Tract A of the amended plat of Dolphin Harbor Subdivision, section 18, Township 66 South, Range 30 East, Tallahassee Meridian, No Name Key, Monroe County, Florida, and having the Real Estate ID# 00319490-004500. County Attorney, James T. Hendrick, advised the Board about additional documentation and the need to continue the Public Hearing. Commissioner London advised the Board that he would have to recuse himself from consideration due of the appeal due to previous communications with the applicant. Commissioner London excused himself from the meeting. Richard Grosso, attorney for Mick & Alicia Putney, addressed the Board and objected to the continuation. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to continue the Public Hearing per the County Attorney's recommendation to January 16, 1997. Motion carried unanimously, with commissioner London not present. Mr. Grosso addressed the Board and requested that the Public Hearing be continued to a meeting in March to accommodate his schedule. Motion was made by Commissioner Freeman and seconded by commissioner Harvey to reconsider the above motion. Motion carried unanimously, with commissioner London not present. commissioner London returned to the meeting. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to continue the above Public Hearing to the March 19, 1997 Board meeting in Marathon at 5:05 P.M. Roll call vote was unanimous, with Commissioner London not present. The following individuals addressed the Board: Alesha Putney, Hallett Douville and Walter Keske, addressed the Board. A Public Hearing was held creating Chapter 9.0 of the Monroe County Code; Providing for Findings; Providing for an On- site Sewage Treatment and Disposal System (OSTDS) Inspection and Compliance Procedure; Providing for Fees; Providing for Enforcement; 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. Growth Management Director, Bob Herman and Attorney Jim Mattson, addressed the Board. The following individuals also addressed the Board: John Heber and Jack Teague, representing the Florida Department of Health and Rehabilitative Services; John O'Brian, representing the Monroe 96/398 County Housing Authority; George Leydic, Charles Brooks, Jim Hansen, H. T. pontin, Dan Yeider, Betty Vail, Capt. Pops Petrick; Department of Community Affairs Planning Manager for the Florida Keys, Ty symroski; Duke pontin, Charles Pierce, David Byers, Lorraine Byers. Motion was made by Commissioner Reich and seconded by Commissioner London to change the date for the next Public Hearing concerning an On-site Sewage Treatment and Disposal System (OSTDS) to the January 16, 1997 meeting in Key West. Motion carried unanimously. Motion was made by Commissioner London and seconded by Commissioner Harvey directing staff to refine the Ordinance proposed by Mr. Mattson and bring back to the Board for consideration at the Third Public Hearing. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to change the regular Board meeting date for the month of January to January 16, 1997. Motion carried unanimously. COUNTY ADMINISTRATOR County Administrator, James Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Harvey approving a change in date, time and place for the second Public Hearing on the Transient Vacation Rental Ordinance to be held on February 3, 1997 at the Key West Holiday Inn BeachSide. Motion carried unanimously. Mr. Roberts advised the Board that the Florida Keys Community College in cooperation with Monroe County would be airing educational courses on Channel 16. Mr. Roberts addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval of the following appointments to various duties: Arts Council Freeman criminal Justice Committee Reich Land Use Facilitator London Municipal Services Taxing District Douglass, London, Freeman Value Adjustment Board London, Reich, Harvey South Florida Regional Planning council Voter Canvassing Board South Florida Water Management District Beach Advisory Board Tourist Development Council Marine Sanctuary Water Quality Steering Committee Alliance For Aging Round Table Committee Substance Abuse Policy Board Hurricane Preparedness Committee Circuit Conflict Committee Base Closure and Realignment Committee (No longer active) - Juvenile Justice Council Marine & Port Advisory Committee Boot Key Harbor Ad Hoc Committee Key West Airport Ad Hoc Committee Marathon Airport Ad Hoc Committee FEMA Task Force Jobs & Education Partnership Board 96/399 Douglass, London Douglass Reich as Liaison Harvey Freeman Douglass Reich Harvey Reich Reich London Harvey Douglass Douglass Douglass Harvey Douglass Harvey Freeman 1997 Organization for Rotational Commissioner Attendance 1. LIBRARY ADVISORY BOARD 96/400 a January Freeman b February Harvey c March Douglass d April London e May Reich f June Freeman g July Harvey h August Douglass i September - London j October Reich k November Freeman 1 December Harvey 2. OLDER AMERICAN ADVISORY BOARD a January b February c March d April e May f June g July h August i September - j October k November 1 December Harvey Douglass London Reich Freeman Harvey OAAB Vacation OAAB Vacation OAAB Vacation Douglass London Reich (each year) (each year) (each year) Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage Clerk to the Board of County Commissioners of Monroe County oE:d-;tkC, ~~