01/14/1998 Regular
98/1
REVISION
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, January 14, 1998
Key West, Florida
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 9:00 a.m., on the above date, at the
Harvey Government Center at Historic Truman School. Present and
answering to roll call were Commissioners Keith Douglass, Shirley
Freeman, Mary Kay Reich, Commissioner wilhelmina Harvey and Mayor
Jack London. Also present were Danny L. Kolhage, Clerk; Isabel
C. Desantis, Deputy Clerk; James T. Hendrick, County Attorney;
James Roberts, County Administrator; county Staff, members of the
Press and Radio; and the general public.
*
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Douglass and seconded
by Commissioner Harvey granting approval of Additions,
Corrections and Deletions to the Agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
A Presentation of a Retirement Award was given to Gwen
Rodriguez, In-Home Service Director, Social Services Department.
A Presentation of Employee of the Month Award was given
to Tony Gartenmayer, Mason, Facilities Maintenance Department,
Public Works Division, for the Month of August, 1997.
A Presentation of Employee of the month Award was given
to Suzanne Hutton, Assistant County Attorney, County Attorney's
Office, for the Month of October, 1997.
A Presentation of plaque was given to Mel and Carmelita
Gossard acknowledging their many years of dedicated County
service.
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A Presentation of plaque was given to Joe George
acknowledging his drive and completion of the "Save the Books
Initiative".
A Presentation of an award was given to Commissioner
wilhelmina Harvey and Mrs. Jackie Keevan by Dr. Robert Lazarus to
the Bayshore Manor Respite Program.
Commissioner Harvey was informed that she would be
receiving the Alliance for Aging's Elder Advocate Award at the
Alliance' Annual Meeting and Luncheon on Friday, January 16, 1998
at the Rusty Pelican Restaurant in Miami, Florida.
Motion was made by Commissioner London and seconded by
Commissioner Freeman granting approval of travel expenses for
Commissioner Harvey to travel to Miami to receive the Advocate
Award. Motion carried unanimously.
The Board recognized an award received from the Key
West Chamber of Commerce to Monroe County for "A Piece of the
Rock" for the restoration and beautification of the old Truman
School Building.
An award was given to the Tourist Development Council
by Florida Park Service for its' continuing support and funding
for the Indian Key Festival.
County Administrator, James Roberts introduced vicki
Yaklevich the new TV/Multi Media Specialist.
GROWTH MANAGEMENT
Growth Management Director, Bob Herman introduced
Richard Jones who gave a presentation of the Channel Marking Plan
for the Florida Keys.
PUBLIC HEARINGS
A Public Hearing was held to reconsider the adoption of
a proposed amendment to the Future Land Use Map (FLUM) for
applicant Barry Mankowitz for the Florida Keys Medical Complex,
requesting a future land use change from Residential High (RH) to
Mixed Use/Commercial (MC) for properties described as Lida
Subdivision, Block 4, Lots 42 & 43 and Block 3, Lot 44 in Section
12, Township 66 South, Range 32 East at approximately Mile Marker
51.5 in Marathon, Florida. Assistant County Attorney Garth
Coller discussed his memorandum dated December 9, 1997 to County
Administrator James T. Roberts concerning a Rehearing Request-
98/3
Marathon Surgical Center. Attorney J. Allison DeFoor, II,
representing the Applicant; Attorney Andrew TObin, representing
Fishermen's Hospital and Patrice L. Tavernier, Administrator of
Fishermen's Hospital addressed the Board. After Board
discussion, motion was made by Commissioner Freeman and seconded
by Commissioner Douglass to deny the request per Staff report.
Roll call vote was taken with the following results:
Commissioner Douglass Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
Motion carried.
A Public Hearing was held concerning adoption of an
Ordinance providing for competitive bidding procedures for
contracts for goods, services (excluding services covered by the
consultant's competitive negotiations act and legal services)
that are expected to cost more than $25,000; Providing for
definitions; Providing that bidders furnish bid bonds, certain
financial records and proper performance history; Providing for
criteria for the evaluation of bids ad the award of bids;
Providing for the withdrawal of bids in certain circumstances;
Repealing sections 2-541 through 2-543, Monroe County Code;
Providing for the procedure and criteria for suspending persons
from bidding on county request for bids for up to three years;
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 Freeman to
postpone the item for one month to the next regularly scheduled
Board meeting. Motion carried unanimously.
A Public Hearing was held concerning adoption of an
Ordinance granting 10 year ad valorem tax exemptions for certain
improvements to real property that has been designated
historical, cultural or archaeological landmarks. There was no
public input. Motion was made by Commissioner Harvey and
seconded by Commissioner Douglass to continue with the Public
Hearing to the afternoon at 3:10 p.m. Motion carried
unanimously.
A Public Hearing was held concerning adoption of an
Ordinance amending Sec. 6-107(a), Monroe County Code, by adopting
.-- the 1996 National Electric Code as the code applicable in the
unincorporated areas of Monroe County; Providing for
severability; Providing for the repeal of all Ordinances
REVISION
98/4
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 Reich and seconded by Commissioner Harvey to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 001-1998
See Ord. Book No. 46 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance creating section 6-16.1 (13), Monroe County Code, by
adopting the 1997 edition of the Florida Energy Code as the
Energy Efficiency Code for Building Construction applicable in
the unincorporated areas of Monroe County; 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 Reich and seconded by Commissioner Harvey to adopt
the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 002-1998
See Ord. Book No. 46 which is incorporated herein by reference.
BULK APPROVALS
Board granted approval and authorized execution of
Assignment of Hangar Lease at the Key West International Airport
from Edward knight to SK II, Inc.
Board granted approval and authorized execution of a
Renewal Agreement between Monroe County and the Marathon
Volunteer Fire & Rescue, to provide air rescue firefighting
services for the Marathon Airport.
Board granted approval to allow the Director of
Community Services to execute a Consent Order with the Florida
Department of Environmental Protection (FDEP) in reference to a
drainage project at Key West International Airport.
Board granted approval of an Internet Access Grant
award of $102,500 from the State Library of Florida for the Key
West, Big Pine, Marathon, Islamorada and Key Largo Libraries.
Board adopted the following Resolution authorizing the
allocation from the Boating Improvement of $3,000 for the removal
of bottom debris from Boca Chica Bay and authorized execution of
Contract between Monroe County and Spirit Marine Towing &
Assistance.
RESOLUTION NO. 002-1998
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REVISION
98/5
See Res. Book No. 137 which is incorporated herein by reference.
Board adopted the following Resolution authorizing an
allocation of $14,980 from the Boating Improvement fund for the
removal of DV03A2416, DV03A2418, DV03A2452 and DV03A2463 located
off of Key West and authorized execution of a Contract between
Monroe County and Spirit Marine Towing & Assistance. ~
RESOLUTION NO. 003-1998
See Res. Book No. 137 which is incorporated herein by reference.
Board granted approval to remove surplus items from
inventory and advertise for bids, dispose and accept transfer to
the City of Key West. Said schedule is incorporated herein by
reference.
Board granted approval and authorized execution of a
Contract between Monroe County and Temporary Permanent
Structures, Inc., for fuel tank replacement at the Key West and
Marathon fueling facilities.
Board granted approval and authorized execution of a
Road Adoption Agreement between Monroe County and Friends and
Volunteers of Refuges - Florida Keys, Inc. (FAVOR) regarding
removal of litter from Key Deer Boulevard, Big Pine Key, Florida.
Board granted approval and authorized execution of a
Blanket Purchase Agreement between Monroe County and the
Department of the Navy concerning housing, feeding and humane
disposal of stray/abandoned animals impounded by NAS security
personnel in Navy housing areas and brought to the shelter.
Board granted approval to advertise for bids for
janitorial service - Marathon Buildings (Courthouse Complex,
Government Center, Government Center Annex & Senior citizen's
Building).
Board granted approval and authorized execution of a
Contract between Monroe County and The Scotsman Group to purchase
one 60 X 24 modular trailer for the Plantation Key Sheriff
Criminal Investigation Unit, in the amount of $25,000.
Board granted approval and authorized execution of a
one (1) year Lease Agreement between Monroe County and Loma Alto
Associates for office space for the Marathon State Attorney, in
the amount of $1,972.63 per month.
Board granted approval to amend the Contract Agreement
between Monroe County and Island Angles, Inc., deleting service
to the State Attorney's Office and Supervisor of Elections Office
located at 501 Thomas Street, reducing the contract amount by
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98/6
$1,400 per month for said deletion; and authorized execution of
Contract Amendment by adding service to the J. Lancelot Lester
Justice Building, increasing the contractual amount by $1,400 per
month for said addition.
Board granted approval and authorized execution of a
renewal of the Residential Lease for Law Enforcement Officer
between Monroe County and Deputy Sheriff Linda Kohout to reside
in the trailer located at Sombrero Beach for an amount of $204.06
per moth plus $195.94 for water, sewer/septic, electricity and
solid waste collection service.
Board granted approval for Treasure Village to close
Old Highway State Road 5A for Art Shows on February 21, 22 & 23,
1998 from 9:00 am to 5:00 pm and March 21 & 22, 1998 from 7:00 am
to 6:00 pm and authorized execution of FDOT's "Request for
Temporary Closing/Special Use of State Road form for same.
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Board granted approval to enter into a five (5) year
Lease Agreement between Monroe County and Tropical Sailboats,
Inc. for sailboat/sailboard rentals at Higgs Beach for monthly
payments of rent to Monroe County equal to ten percent (10%) of
its total gross proceeds or a minimum payment of $300 per month,
whichever is greater and authorized execution of same.
Board granted approval to spend $54,000 of library
impact fees to purchase books, reference materials, etc. for the
library system.
Board granted approval to spend $150,000 of library
impact fees to purchase equipment to automate the library system.
Board granted approval of Fiscal Year 1999 Budget
Calendar including dates for all public hearings. Said schedule
is attached hereto.
Board granted approval and authorized execution of an
Application for Federal Assistance between Monroe County as
applicant and the Federal Transit Administration for Financial
Assistance to purchase two transportation buses.
Board granted approval to submit a proposal for an RFP
by the Wages Coalitions and Regional Workforce Development Boards
(RWDB) to provide transportation services for targeted wages
clients.
Board granted approval and authorized execution of the
John Alden Life Insurance Company Policy Endorsements (Policy
Amendment No.5; Policy Rider Amendment No. 18).
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Amendment No.5; Policy Rider Amendment No. 18).
Board granted approval for Cape Air to commence
operations at the Marathon Airport on a month-to-month basis,
pending a lease agreement.
Board granted approval for the Solid Waste Management
Division to submit a competitive proposal to Florida Department
of Environmental Protection for the Innovative Recycling Grant.
Board granted approval to issue a purchase order to
Xerox Corporation for 36 month lease of a Xerox 5365 copier from
"State of Florida Contract" (#600-380-97-1) at a cost of $641.09
per month which includes all maintenance and all supplies.
Board granted approval and authorized execution of an
Agreement between Monroe County and the State of Florida
Department of Community Affairs - Division of Emergency
Management concerning the State and Local Assistance Funds (SLA)
Contract #98EM-8N-11-54-10-044.
Board granted approval to allow the Keys Shuttle a.k.a
Greyhound Lines, Inc. to occupy space in the new Terminal at the
Key West International Airport.
TOURIST DEVELOPMENT COUNCIL
Board granted approval and authorized execution of an
Amendment between Monroe County and Redbone, Inc. covering
Outboard Cheeca/Redbone, event allocated under the Fishing
Umbrella, in an amount not to exceed $14,000 to change dates of
the event to November 6, 7, 8, 1998.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Key West Chamber
of Commerce to increase the amount of the original contract from
$196,000 to an amount not to exceed $222,804 for the FY '97
District I, Key West Chamber of Commerce Telephone and Tourist
Information Services contract budget.
Board adopted the following Resolution concerning the
Transfer of Funds.
RESOLUTION NO. 004-1998
See Res. Book No. 137 which is incorporated herein by reference.
Board granted approval of the Florida Keys Fishing
Tournaments, Inc. operations (Fishing Umbrella) manual revision.
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98/8
Board granted approval of the Flood Variance
Application of Ray and Linda Ward for a detached 1144 SF garage
below base flood elevation for parking only on property located
on Lot 7 & 8, Block 75, Port pine Heights, Big pine Key.
Board adopted the following Ordinance to correct a
typographical error in the Sign Ordinance (Ord. No. 036-1997)
adopted by the Board on September 17, 1997.
ORDINANCE NO. 003-1998
See Ord. Book No. 46 which is incorporated herein by reference.
Board granted approval and authorized execution of a
Release of Deed Restriction and Cancellation of Notice of
Deferred Payment of Monroe County Impact Fees for Charles and
Diane Phillips.
Board granted approval and authorized execution of four
transfers of buildable lots to Monroe County by Warranty Deed.
Pursuant to Ordinance 016-1992 these documents have been filed by
the applicants receiving dwelling unit allocation awards for the
quarter ending on October 13, 1997.
Permit #
Name on Warranty Deed
Legal
97-1-928
Fred Snowman, Jr.
Lot 18, Block 5
Kinercha
97-1-1090
stanley Grivjack
Lot 5, Block 2
pine Key Yacht
Club Estates
97-1-1360
Alfred & Josephine citelli
Lot 14, Block
21 2nd Addition
Port Pine
Heights
97-1-1415
Eric M. Wishe &
Lisa L. Wishe
Lot 20, Square
32, Palm Villa
COMMISSIONERS' ITEMS
Board granted approval of Commissioner Reich's
appointment of Robert "Pops" Petrick to the Local citizens Task
Force on Wastewater.
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98/9
COUNTY
ADMINISTRATOR
Board granted approval and authorized execution of a
2nd Amendment to the Agreement between Monroe County and Public
Financial Management, Inc. for Financial Advisor Services.
Board granted approval and authorized execution of an
Extension of Consulting Agreement between Monroe County and
Commonwealth Consulting Corporation to deal with issues
pertaining to the Base Realignment Enclosure, Missile Testing,
the Acquisition of Excessed Naval Properties, etc.
Board confirmed the Administrator's appointment of
Thompson R. Cummins as Monroe county Library Director.
Board granted approval of Graham & Moody, Attorneys at
Law to conduct lobbying activities on behalf of Monroe County
with the State Legislature and Executive Branch and such other
governmental entities as are involved with the interest of Monroe
County.
Board granted approval to advertise a Request for
Qualifications to provide management services for the marina
recently purchased by the County in Marathon.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the fOllowing Fine and Forfeiture
Expenditures:
WITNESS COORDINATION, Travel & Per Diem, in the amount of
$373.01.
COURT ORDERED ATTORNEY CONFLICT, Manuel Garcia, in the
amount of $385.90; Richard Behr, in the amount of $1,267.50;
Charles Milligan, in the amount of $843.75; Maria Betancourt, in
the amount of $3,363.75; Gregory Davila, in the amount of
$4,747.50; Gregory Davila, in the amount of $240.00; Allen and
Goldman, in the amount of $240.00; Stephen S. Isherwood, in the
amount of $3,228.75; Laurie Hall, in the amount of $487.50;
Charles Everett, in the amount of $1,140.00.
TRAVEL EXPENSES, Conflict Attorney Travel, in the amount of
$206.76
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COURT REPORTERS, Associated Court Reporters, in the amount
of $1,991.75; Florida Keys Reporting, in the amount of $2,909.35;
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Reporting Plus, in the amount of $190.00; Vicky Lynn Doty,
amount of $1,189.50; Fred Jeske, in the amount of $845.98;
Landry, in the amount of $625.75; Urban Court Reporter, in
amount of $315.00.
in the
Amy
the
EXPERT WITNESS, Dr. Mambo, in the amount of $250.00; Dr.
Michael Gamach, in the amount of $1,375.00.
MISC EXPENSES-ALL, Expenses, in the amount of $396.50.
EXTRADITION, Richard Roth, in the amount of $950.48.
COURT INTERPRETERS, J.R. Alayon-Forte, in the amount of
$405.00; William Waddell, in the amount of $335.00; Jose
Menendez, in the amount of $365.00; Estrella Garcia, in the
amount of $220.00; Mayda Maloney, in the amount of $195.00; Mary
Lou Waas, in the amount of $105.00; Jiri Dolezal, in the amount
of $75.00; Marie C. Penot, in the amount of $30,000.
COUNTY CLERK
Board approved the following Warrants: General Revenue
Fund (001) #297642-#299462, in the amount of $4,363,936.43.
Board approved the County Commission Meeting Minutes of
November 12 and 21, 1997.
COUNTY ATTORNEY
Board granted approval to advertise an Ordinance
prohibiting parking of vehicles within the right-of-way of North
and South Airport Drive, Summerland Key.
Board granted approval to advertise an Ordinance
amending Sec. 13.5-4. Monroe County Code, concerning rules of
conduct and operational procedures for County parks, by the
addition of Friendship Park, Garden Cove Park, Harry Harris Park,
and Sunset Point Park.
Board adopted the following Resolution setting the
date, time and place for a public hearing of a proposed
abandonment of a portion of South Ocean Drive, Ocean Shores
Addition, Key Largo.
RESOLUTION NO. 005-1998
See Res. Book No. 137 which is incorporated herein by reference.
Motion carried unanimously.
REVISION
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98/11
MISCELLANEOUS BULK APPROVALS
Solid Waste Director, Clark Lake; County Administrator,
James Roberts; and John Albert, representing Waste Management
addressed the Board. Motion was made by Commissioner Douglass
and seconded by Commissioner Harvey granting approval to
advertise for sealed bids for the processing, transportation, and
marketing of recyclables; and such other related operations as
may be available. Motion carried unanimously.
Community Services Director, Peter Horton; Rita Irwin
and Monica Haskel, representing the Monroe County Arts Council
addressed the Board. Motion was made by Commissioner Reich and
seconded by Commissioner Harvey for non-approval of the request
to establish an Artwork budget of $20,000 for the Key West
International Airport Terminal Complex project. Motion was then
made by Commissioner Harvey to postpone the item. Motion died
for lack of a second. Roll call vote was taken on the original
motion with the following results:
commissioner Douglass No
Commissioner Freeman No
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London No
Motion failed. Motion was made by Commissioner Freeman and ?f
seconded by Commissioner Douglass to approve the budget of
$20,000 with the stipulation that it be commissioned to Florida
Keys Artistes). Roll call vote was taken with the following
results:
commissioner Douglass Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich No
Mayor London Yes
Motion carried.
COUNTY ADMINISTRATOR
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Bob Schneider, representing the Big Pine Key Civic
Association addressed the Board. Motion was made by Commissioner
Freeman and seconded by Commissioner Harvey granting approval of
Monroe County's Seven Year Roadway/Bicycle Plan with the addition
of Cudjoe Gardens - Drost Drive. Motion carried unanimously.
98/12
MISCELLANEOUS BULK APPROVALS
Mayor London discussed the preservation of the old jail
at Jackson Square. After Board discussion, motion was made by
Commissioner Douglass and seconded by Commissioner Freeman
directing Staff and Architect Jose Gonzalez to bring back
suggestions for preservation of the old jail. Motion carried
unanimously.
Jose Gonzalez addressed the Board. Motion was made by
Commissioner Douglass and seconded by Commissioner Freeman
granting approval and authorizing execution of a revised Contract
between Monroe County and Gonzalez Architects for the Key West
Courthouse Annex renovations and the design of office space for
the County Attorney. County Attorney, James T. Hendrick
addressed the Board. Roll call vote was taken with the following
results:
commissioner Douglass
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
Mayor London
Yes
Yes
No
No
Yes
Motion carried.
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman granting approval and authorizing
execution of Change Order No.2 between Monroe County and T.P.S.,
Inc. increasing the Contract in the amount of $49,912 for
improvements at the Lester Building. County Attorney, James T.
Hendrick addressed the Board. Roll call vote was taken with the
following results:
commissioner Douglass
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
Mayor London
Yes
Yes
Yes
No
Yes
Motion carried.
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman granting approval and authorizing
execution of Change Order No. 1 between Monroe County and
Gonzalez Architects in the increased amount of $21,900 for the
Lester Building to design and enclose the space below the Records
- Storage Building; and Change Order No. 4 between Monroe County
and D.L. Porter Construction, Inc. in the increased amount of
$83,467 for the Key West International Airport Renovations. Roll
Revision
98/13
call vote was taken with the following results:
commissioner Douglass
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
Mayor London
Yes
Yes
Yes
No
Yes
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Motion carried.
Office of Management & Budget Director, John Carter;
County Administrator, James Roberts; and County Clerk, Danny L.
Kolhage addressed the Board concerning authorization to execute
an Agreement with the Upper Keys Youth Club. Motion was made by
Commissioner Harvey and seconded by Commissioner Douglass to
postpone the item. Motion carried unanimously.
commissioner Harvey excused herself from the meeting.
Brent RObbins, representing the Boys and Girls Club of
the Keys Area, Inc. addressed the Board. Motion was made by
Commissioner Reich and seconded by Commissioner Douglass granting
authorization to rescind Agreement approved on November 12, 1997
between Monroe County and the Florida Keys Youth Club and granted
approval to execute Agreement between Monroe county and the Boys
and Girls Club of the Florida Keys Area, Inc. Motion carried
unanimously, with Commissioner Harvey not present.
*
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to adopt the following Resolutions:
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 1)
RESOLUTION NO. 006-1998
See Res. Book No. 137 which is incorporated herein by reference.
Board adopted the following Resolution to rescind
Resolution No. 365-1997. (OMB Schedule Item Number 2)
RESOLUTION NO. 007-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 3)
RESOLUTION NO. 008-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
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Funds. (OMB Schedule Item Number 4)
RESOLUTION NO. 009-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. COMB
Schedule Item Number 5)
RESOLUTION NO. 010-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 6)
RESOLUTION NO. 011-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 7)
RESOLUTION NO. 012-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (OMB Schedule Item Number 8)
RESOLUTION NO. 013-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. COMB
Schedule Item Number 9)
RESOLUTION NO. 014-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 10)
RESOLUTION NO. 015-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (OMB Schedule Item Number 11)
RESOLUTION NO. 016-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 12)
98/15
RESOLUTION NO. 017-1998
See Res. Book No. 137 which is incorporated herein by reference.
Motion carried unanimously, with commissioner Harvey not present.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval and authorizing execution
of a Contract between Monroe County and Leibowitz & Associates to
provide legal advice and counsel to the Monroe County
Telecommunications Authority (MCTA) regarding cable television
TCI franchise and to use the blended hourly rate for attorney
time (option A). Motion carried unanimously, with Commissioner
Harvey not present.
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DISTRICT #1
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
BOARD OF GOVERNORS
~
The Board of Governors of District #1 Lower and Middle
Keys Fire and Ambulance District convened. Present and answering
to roll call were Commissioner shirley Freeman, Commissioner Art
French, Commissioner Yvonne Harper, Commissioner Jack London and
Chairman Keith Douglass.
Public Safety Director, Reggie Paros introduced Glenn
Mouton who discussed the actuarial analysis performed by Mouton &
Company, Inc. concerning the Length of Service Awards Program
(LOSAP) for the volunteer firefighters. Motion was made by
Commissioner French and seconded by Commissioner Harper to accept
the proposed LOSAP Design Handout prepared by Mouton & Company.
Inc. Motion carried unanimously.
Motion was made by Chairman Douglass and seconded by
Commissioner French directing Staff to prepare documents in
anticipation of an award of lump sum bonus for 1998. 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.
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The Board of County commissioners reconvened with all
Commissioners present.
98/16
DIVISION OF PUBLIC SAFETY
Motion was made by Chairman Douglass and seconded by
Commissioner Freeman to accept the proposed LOSAP Design Handout
prepared by Mouton & Company. Inc. Motion carried unanimously.
Motion was made by Chairman Douglass and seconded by
Commissioner French directing staff to prepare documents in
anticipation of an award of lump sum bonus for 1998. Motion
carried unanimously.
COUNTY ATTORNEY
Attorney Larry Erskine, addressed the Board. Motion
was made by Commissioner Douglass and seconded by Commissioner
Freeman granting approval and authorizing execution of a 4 year
Employment Agreement Renewal between Monroe County and James T.
Hendrick as County Attorney from July 1, 1998 to June 30, 2002.
Roll call vote was taken with the following results:
commissioner Douglass
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
Mayor London
Yes
Yes
Yes
No
Yes
Motion carried.
DIVISION OF MANAGEMENT SERVICES
,.--
Lavon P. wisher, Managing Director of Public Financial
Management, Inc. and attorney steven E. Miller of the law firm of
Nabors, Giblin & Nickerson, P.A. addressed the Board concerning
the approval of bid for Monroe county, Florida Sales Tax
Refunding Revenue Bonds, Series 1998. Motion was made by
Commissioner Freeman and seconded by' Commissioner Douglass to
adopt the following Resolution amending and supplementing a
Resolution adopted on March 27, 1990 entitled "A Resolution of
the Board of County Commissioners of Monroe County, Florida,
authorizing the acquisition and construction of additional
criminal justice facilities in Monroe County, Florida; Providing
for the issuance of not exceeding $40,000,000 Sales Tax Revenue
Bonds, 1991, of the County to finance the cost thereof; Providing
for the payment of such bonds from the portion of the one cent
local government infrastructure surtax proceeds distributable to
the County; Making certain covenants and agreements in connection
therewith; and Providing an effective date," as amended and
supplemented; authorizing the refunding of a portion of the
98/17
County's Series 1991 Bonds; Authorizing the issuance of
$17.505.000 aggregate principal amount of Monroe County, Florida
Sales Tax Refunding Revenue Bonds, Series 1998 in order to refund
a portion of the Series 1991 Bonds; Making certain other
covenants and agreements in connection with the issuance of such
bonds; Providing certain terms and details of the bonds,
including awarding such bonds pursuant to a public bid;
authorizing execution and delivery of an Escrow Deposit Agreement
and appointing an Escrow Agent; Authorizing and ratifying the
distribution of a preliminary official statement and authorizing
the execution and delivery of an official statement with respect
thereto; appointing the bond registrar and paying agent for the
bonds; approving the execution and delivery of a Continuing
Disclosure certificate; authorizing municipal bond insurance for
the bonds; authorizing the execution and delivery of a Custody of
Funds Agreement; authorizing the execution and delivery of a
Blanket Letter of Representations; amending the above-described
Resolution in certain respects, and providing an effective date.
Roll call vote was unanimous.
RESOLUTION NO. 001-1998
See Res. Book No. 137 which is incorporated herein by reference.
GROWTH MANAGEMENT
Ken williams, representing CH2MHill introduced Wendy
Nero, who gave a presentation on the Status of Public Involvement
Activities concerning the Monroe County Sanitary Wastewater
Master Plan. Scott Munn addressed the Board. The Board took no
official action.
DIVISION OF PUBLIC WORKS I SOUNDING BOARD
County Engineer, Dave Koppel presented a report
entitled Upper Keys Roofing Report - Presented to Board of County
Commissioners - 1/14/98 - Prepared by David Koppel, P.E. county
Engineer. Randy Jordan, President of D&J Industries, Inc.
discussed with the Board issues to be resolved. The following
individuals addressed the Board: Art Skelly, Director of
Airports; Fernando Milanes, representing Johns Manville, Jose'
Grodon, representing Laumar Roofing South, Anthony utter,
representing Johns Manville, Michelle Harris, representing
victor's Roofing Company, Inc., Paul Schaafsma and H. M. Oliver.
The Board took no official action.
Thomas Fouts, addressed the Board on redistricting
State Senate and Congressional Districts in South Florida. The
Board took no official action.
-----
98/18
DIVISION OF COMMUNITY SERVICES
community services Director, Peter Horton introduced
Architect William Horne who gave a presentation of the design of
the Key West International Airport (KWIA) Rescue Fire Fighter
(ARFF) Building. The Board took no official action.
COUNTY ATTORNEY
Thomas F. Gustafson of the law firm of Gustafson,
Tilton, Henning & Metzger, P.A. addressed the Board concerning
the approval of an Agreement between Monroe County and the law
firm of Gustafson, Tilton, Henning & Metzger for Funding Scenario
for Urban Greenways for Monroe County. After Board discussion,
motion was made by Commissioner Douglass and seconded by
Commissioner Freeman to adopt the following Resolution retaining
the firm of Gustafson, Tilton, Henning & Metzger, P.A. for
services related to Transit Greenway Development and authorizing
payment to said firm for professional services rendered and to be
rendered not to exceed one hundred thirty thousand dollars
($130,000). Ray Kitchener, representing the Marathon Economic
Development Council addressed the Board. Roll call vote was
unanimous.
RESOLUTION NO. 018-1998
See Res. Book No. 137 which is incorporated herein by reference.
MONROE COUNTY HEALTH DEPARTMENT
Stephanie Walters, Administrator of the Monroe County
Health Department and Dr. Roger Inman addressed the Board
concerning approval of a Lease Agreement between Bass/Poinciana
Plaza, Inc., the State of Florida Department of Health, Division
of Monroe County Health Department and Monroe County for property
located at 3412-3432 Duck Avenue, Key West. After Board
discussion, motion was made by Commissioner Harvey and seconded
by Commissioner Freeman to reject the five (5) year lease
agreement. County Administrator, James Roberts and Lynn Kephart
addressed the Board. Roll call vote was taken with the following
results:
commissioner Douglass
commissioner Freeman
Commissioner Harvey
Commissioner Reich
Mayor London
No
Yes
Yes
No
Yes
Motion carried.
.-
98/19
commissioner Harvey excused herself from the meeting.
MISCELLANEOUS
Rita Brown addressed the Board concerning the approval
of Request for Temporary closing/Special Use of State Road on the
new 7-Mile Bridge. Motion was made by Commissioner Freeman and
seconded by Commissioner Douglass granting approval of the
request. Roll call vote was taken with the following results:
commissioner Douglass
Commissioner Freeman
Commissioner Reich
Mayor London
Yes
Yes
No
Yes
Motion carried with Commissioner Harvey not present.
COMMISSIONERS' ITEMS
The Board discussed the approval of a Resolution to the
State Legislation asking that they pass a statute modifying the
H.R.S. ruling on aerobic systems being the "best available
technology" for Monroe county. County Attorney, James T.
Hendrick and Jack Teague, Environmental Administrator with the
Florida Department of Health addressed the Board. Scott Munn and
Jack Wedge also addressed the Board. The Board took no official
action.
PUBLIC HEARING
The continuation of the Public Hearing was held
concerning adoption of an Ordinance granting 10 year ad valorem
tax exemptions for certain improvements to real property that
have been designated historical, cultural or archaeological
landmarks. George Born of the Monroe County Historical
Foundation addressed the Board. There was no public input.
Motion was made by Commissioner Douglass and seconded by
Commissioner Freeman to adopt the following Ordinance. Roll call
vote was taken with the following results:
commissioner Douglass
Commissioner Freeman
Commissioner Reich
Mayor London
Yes
Yes
No
Yes
Motion carried with commissioner Harvey not present.
REVISION
98/20
ORDINANCE NO. 004-1998
See Ord. Book No. 46 which is incorporated herein by reference.
DIVISION OF COMMUNITY SERVICES
Community Services Director, Peter Horton addressed the
Board. Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval of the final draft of the
Key West International Airport's FAR Part 150 Noise Exposure Maps
(NEMs) and Noise Compatibility Program (NCP). Motion carried
unanimously, with commissioner Harvey not present.
TOURIST DEVELOPMENT COUNCIL
Tourist Development Council's Marketing Director,
Harold Wheeler updated the Board on marketing of the Marathon
Airport. Motion was made by Commissioner Douglass and seconded
by Commissioner Reich to adopt a preliminary Marathon Airport
Marketing Strategy which will include a single point person; the
concept of a common destination/dual airports and to approach ~
selective airlines to promote airport services. Motion carried
unanimously with Commissioner Harvey not present.
DIVISION OF PUBLIC WORKS
Attorney Robert T. Feldman addressed the Board
concerning the approval to renew the Lease Agreement with John
Dedek for the concession/restaurant at Higgs Beach in the amount
of $1648 per month, (increased 3% for CPI) and authorization for
the Mayor to execute the renewal agreement for same. Motion was
made by Commissioner Douglass and seconded by Commissioner
Freeman to extend the existing lease on a month-to-month basis
for 3 months. Motion carried unanimously with commissioner
Harvey not present.
PUBLIC HEARINGS
A Public Hearing was held concerning approval of a
workers' compensation settlement in the amount of $37,985.62,
inclusive of attorney's fees and costs. There was no public
input. Motion was made by Commissioner Reich and seconded by
Commissioner Douglass granting approval of the settlement.
Motion carried unanimously with commissioner Harvey not present.
A Public Hearing was held concerning approval of a
98/21
workers' compensation settlement in the amount of $15,100.50
inclusive of attorney's fees and costs. There was no public
input. Motion was made by Commissioner Reich and seconded by
Commissioner Freeman to approval of the settlement. Motion
carried unanimously with commissioner Harvey not present.
COUNTY ATTORNEY
Attorney Robert T. Feldman, representing Sunset Key and
Sunset Marina addressed the Board concerning proposed culverts
under access road to the Monroe County Detention Center. County
Attorney, James T. Hendrick addressed the Board. Motion was made
by Commissioner Reich and seconded by Commissioner Douglass
granting conceptual approval of a contribution not to exceed
$175,000 toward the costs of the installation of culverts,
subject to appropriate documentation being reviewed by the County
Attorney's Office. Roll call vote was unanimous with
commissioner Harvey not present.
GROWTH MANAGEMENT
----
The Board discussed a Memorandum from Timothy J.
McGarry, Director of Planning concerning possible dates and
location of a Special Public Hearing for Amendment to Hawk's Cay
Major Development Order/Development of Regional Impact. Motion
was made by Commissioner Douglass and seconded by Commissioner
Freeman to hold a Special Meeting at the Marathon EOC on February
23, 1998 at 11:00 a.m. Motion carried unanimously with
commissioner Harvey not present.
Growth Management Director, Bob Herman updated the
Board on the $4.3 and a meeting with DEP/EPA in Atlanta - state
funding; DCA Big Pine Key ROGO subdistrict road improvements; and
the Water Quality Steering Committee Resolution in regards to
funding.
DIVISION OF PUBLIC WORKS
Public Works Director, Dent Pierce addressed the Board
and discussed a wooden bridge on Blue Water Drive in Saddlebunch
Key that will be replaced with a concrete structure.
DIVISION OF GROWTH MANAGEMENT
,--.
An update on legal issues was presented by Land Use
Counsel Ralf Brookes. Mr. Brooks discussed the status of the
REVISION
98/22
following: The law firm of Mattson & Tobin filed a lawsuit on
behalf of property owners and their vacant platted lots in Monroe
County; a Petition for a writ of Prohibition in order to
disqualify Hearing Officer J. Jefferson Overby; Burnham;
Hills/O'Daniel; Dowsetts; Shaddick; New Port Largo; Plaza
Associates; Hernandez/McDonald's Building at Tradewind's Shopping
Center; Rathkamp; Spectre; and Curry Coral Coast.
COMMISSIONERS' ITEMS
commissioner Douglass discussed the approval to waive
permit fees for the placement of boulders at Dorothy Avenue
Community Park in Marathon. Cadwalader Woodville, III addressed
the Board. The Board took no official action.
commissioner Freeman cordially invited the public to an
Open House to tour the new offices at the renovated Lester
Build~ng, 530 Whitehead Street in Key West.
commissioner Douglass updated the Board on revisions to
the County code designed to eliminate arcane and burdensome
regulations. Suzanne Hutton, Assistant County Attorney addressed
the Board. The Board took no official action.
commissioner Douglass discussed the approval after-the-
fact for a plaque in the amount of $45 to recognize a visiting
dignitary and to authorize BOCC members to utilize the BOCC Promo
account for similar items up to $50, dependent on available funds
in the account. Motion was made by Commissioner Freeman and
seconded by Commissioner Douglass granting approval for after-
the-fact plaque in the amount of $45. Motion carried unanimously ~
with Commissioner Harvey not present.
COUNTY ATTORNEY
County Attorney, James T. Hendrick discussed the
following: Monroe County being named a party to the Conch Key
litigation; the Florida Department of Transportation concerning
the transfer of certain streets in Key West to the City; court
costs and annual attorney fees.
Motion was made by Commissioner Freeman and seconded by
Commissioner Douglass granting approval and authorizing execution
of a Historic Property Service Contract between Monroe County and
the Historic Florida Keys Foundation to provide application
review services for applicants seeking ad valorem tax exemption
for historic properties authorized in the Ordinance. Motion
carried unanimously with commissioner Harvey not present.
---
98/23
There being no further business, the meeting was
adjourned.
Danny L. Kolhage
Clerk of Circuit Court and
ex officio Clerk to the Board
of County Commissioners
Sb~c. ~:A~
Isabel C. DeSantis, Deputy Clerk
DATE
Dec.
*Wcd. Jan. 14
*Thur. Mar. 12
FISCAL YEAR 1999 BUDGET TIMET ABLE
Proposed
ACTIVITY
Impact fee revenue forecasts to planning department.
BOCC approves budget timetable.
Discussion of budget trends and capital projects with Board (Marathon
Government Center <) A.M.).
Wed. Mar. J 8
through
Fri. Mar. 20
Wed. Apr. I
Mon.. Apr. 13
Mon. Apr. 27
through
Fri. May I
Fri. May 1
Mon. May 4
through
Fri. May 8
Mon. May 18
Internal staff workshops with departments for discussion of budget
preparation and format changes as well as guidelines of policy
decisions arising from Feb. BOCC meeting.
Capital project. impact fee forms. instructions to Departments.
Deadline for submission of Internal Service Funds to OMB.
Deadline for submission of budget requests from Division
Departments to OMB.
Deadline Capital Project status, new capital project requests from departmcnts
to Planning Department.
Bottom line review by OMB.
Deadline for capital project requests to OMB from Planning Dcpartment and
County Attorney.
Internal budget reviews by Administrator with Divisions and OMB.
Deadline for fillal.mbmissiOll to OMS of budgets from
departments.
Mon. Jun. I
Wed. Jun. 3
*Wed. Jun. 10
Wed. Jut. I
~
*Wed. JuI. 8
* Involves BOCC
Submission of budget requests from Sheriff. Clerk of the Court.
Tax Collector. State Attorney, Property Appraiser.
Judicial. and Supervisor of Elections to the Administrator. Last
date to receive input from Human Services Advisory Board.
Annual Impact Fee Rep0l1 to Planning Commission.
Annual Impact Fee Report to ROCC
Property Appraiser certifies Assessment of all property values
on DR 420.
(Note: OMB has] 5 days to work with Property Appraiser's Assessment:
BOCC has up to 20 days.)
Regularly scheduled BOCC meeting.
Page]
Wed. Jul. 15
*Wed. Jut. 22
thru. Thur. .I..Y..l...n
*Thur. Jut. 30
Mon. Aug. 3
Mon. Aug. 24
*Thur. Sep 3
*Wed. Sep. 9
*Thur. Sep. 17
~
* Involves BOCC'
FISCAL YEAR 1999 BUDGET TIl\1.ETABLE
Proposed
Deliver Budget and Capital Improvement Plan (CIP) to Commissioners.
Discussion of Budget, CIP, and Tentative Millage Rates. Adoption of
Tentative Millage Rates, if possible, and selection of dates, times, and places
for public hearings and approval to advise the Property Appraiser of
proposed Millage Rates. (Truman School 9 A.M.).
If necessary, discussion item at SPECIAL BOCC meeting to select dates. times
and places for public hearings and approval to advise the Property
Appraiser of proposed Millage rates (Truman School 9 AM).
Last day to advise Property Appraiser of Proposed millage rate;
current year rolled-back rate and the date, time and place of the
Tentative Budget Hearing.
Last day for Property Appraiser to mail out the notice of Proposed
Property Taxes (TRIM NOTICES).
First public hearing after 5:00 P.M. (between 65 -80 days after the
property appraiser certifies the Assessment). To be held in the
Upper Keys (Cannot conflict with School Board Hearing)
Adoption of Tentative Budget and Proposed Millage Rate.
Regularly scheduled BOCC Meeting
Second public hearing after 5:00 P.M. To be held in Middle Keys
(Cannot conflict with School Board Hearing).
Final public hearing after 5:00 P.M. (to adopt a final budget and
Millage Rate. Must be held within 15 days of First Hearing with
proper advertisement of meeting. To be held in the Lower Keys.
(Cannot conflict with School Board Hearing) .
Page 2