02/11/1998 Regular
98/26
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of county Commissioners
Wednesday, February 11, 1998
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County
Commissioners convened at 10:00 a.m., on the above date, at the
Key Largo Library. Present and answering to roll call were
Commissioners Keith Douglass, shirley Freeman, Wilhelmina Harvey,
Mary Kay Reich, and Mayor Jack London. 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.
Commissioner Douglass introduced Brian Jones an intern
studying c?unty Government.
ADDITIONS, CORREC~IONS, DELETIONS
Motion was made by Commissioner Harvey and seconded by
Commissioner Reich to approve all additions, corrections and
deletions to the Agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
Presentation of a proclamation was made commemorating
the 18th anniversary of the Keys Jewish Community Center on
February 21, 1998.
BULK APPROVALS
Motion was made by Commissioner Freeman and seconded by
Commissioner Douglass to approve the following items by unanimous
consent:
Board granted approval to award bid to the only bidder,
98/27
Calusa Trucking Company, to haul glass to Sarasota.
Board granted approval and authorized execution of a
Renewal Agreement between Monroe County and Toxikon, for ground
water and surface water sampling and analysis at the County's
three landfills.
Board granted approval to reject the only bid received
for the sale of eight Clear Air CA-3000 municipal solid waste
incinerators, and readvertise for bids.
Board granted approval to remove surplus items from
inventory and advertise for bids, dispose and accept transfer to
the City of Key West.
Board granted approval to demolish and dispose of a
small frame building known as the "sugarloaf Field House."
Board granted approval to reject all bids for
automotive and rolling equipment parts and supplies and
readvertise for bids.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and RMS International
for emergency generator inspections and repairs for one
additional year, in the amount of $46,368 (the same cost as last
year's agreement).
,
Board granted approval and authorized execution of a
Renewal Agreement between Monroe County and Brink's, Inc., for
armored transportation services for the Card Sound Toll
Authority, for one additional year at the rate of $735.75 per
month, a 9 per cent increase over the first year's contract; said
contract provided for yearly increases not to exceed 10 per cent.
Board granted approval to extend a contract agreement
with Landis and Staefa, Inc., on a month-to-month basis, until a
contract is awarded to provide inspection, testing and
certification of the fire alarm and smoke control system located
within the Monroe County Detention Facility, and the fire alarm
system located within the Sheriff's Administration Building.
Board granted approval to amend the bid package
approved for advertising on December 10, 1997, to include
testing, inspection and certification of the building automation
systems for the Detention Facility, the Sheriff's Administration
Building, and the fire alarm system for the Courthouse Annex.
Board granted approval and authorized execution of a
Renewal Agreement between Monroe County and the Guidance Clinic
98/28
of the Middle Keys, Inc., for use of their wastewater treatment
plant by the Marathon Detention Facility.
Board granted approval and authorized execution of a
revised one year Lease Agreement between Monroe County and Loma
Alta Associates for office space for the Marathon state Attorney,
in the amount of $1,972.63 AND authorization to rescind previous
Board action of January 14, 1998 regarding this item.
Board granted approval and authorized execution of a
Contract Amendment between Monroe County and Island Angles, Inc.,
reflecting the following amendments: Deleting service to the
offices in the Administration Building previously occupied by the
state Attorney and Commissioner Freeman; reducing the contract
amount by $70.00 per month for said deletion; renewing the
agreement for Jackson Square Janitorial Service for one
additional year.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Buccaneer
Courier, exercising a renewal option, section 8, for a period of
twelve months, effective March 19, 1998.
Board granted approval and authorized execution of an
Amendment to Administrative Service Agreement between Monroe
County and Acordia National, for the group health insurance plan
to provide fee negotiation services.
Board granted approval to purchase Blanket Pollution
Insurance from united Capital Insurance Company for a period of
five years, $5,000,000 in limits, and annual premium installments
of $37,667.00.
Board granted approval and authorized execution of a
Location Provider Agreement between Monroe County and BellSouth
Public Communications, Inc., approving long distance on BellSouth
public telephones on County properties.
Board granted approval to advertise for a budget
amendment to the Supplement to General Fund #002.
Board granted approval to award Bid for the publication
of the Monroe County 1997 Delinquent Tax Rolls to the Kev West
citizen.
Board granted approval and authorized the settlement of
a Code Enforcement lien on the property of Dan & Kathleen Yeider,
Code Enforcement Board Case No. M8-89-234.
98/29
Board granted approval and authorized execution of a
purchase/Service Order between Monroe County and URS Greiner,
Inc., to prepare new Key West International Application for
projects at Key West and Marathon Airports for the analytical
phase (Phase 1) and the implementation phase (Phase 2) of the
Passenger Facility Charge Application (PFC) for submission to the
FAA.
Board granted approval and authorized execution of a
Purchase/Service Order between Monroe County and URS Greiner,
Inc., to provide design, bidding and construction phase services
for a new electrical vault building and equipment including a
stand-by generator at the Key West International Airport.
Board granted approval and authorized execution of an
Operating Agreement between Monroe County and Marathon FBO, Inc.,
and Golden Wings, Inc., for Golden Wings to lease space from the
FBO at the Marathon Airport.
Board granted approval and authorized execution of
Florida Department of State Division of Library and Information
Service certification of Credentials - single Library
Administrative Head.
Board granted approval to advertise for bids for the
maintenance of the landscaping and garden at the Key West Branch
Library.
Board granted approval to advertise for bids for two
paratransit bus body on chassis vehicles with wheelchair lifts.
Board granted approval to advertise for bids for the
selection of three derelict vessel contractors for the removal of
derelict vessels over the next two years from the nearshore
waters of the Keys, from Key Largo to Key West AND adopted the
following Resolution authorizing an allocation from the Boating
Improvement Fund of $300,000 for the removal of selected derelict
vessels from the nearshore waters of the Florida Keys not to
exceed 35' in length and the establishment of three zones.
RESOLUTION NO. 020-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Contract Agreement between Monroe County and ASAP, Inc., for the
removal of DV03A2458 and DV03A2461 located in the Upper Keys AND
adopted the following Resolution authorizing an allocation from
the Boating Improvement Fund of $3,182.00 for the removal of
DV03A2458 and DV03A2461.
98/30
RESOLUTION NO. 021-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Contract Agreement between Monroe County and Arnold's Towing for
the emergency removal of DV03A2516, in the amount of $900.00 AND
adopted the following Resolution authorizing an allocation from
the Boating Improvement Fund of $900.00 for the emergency removal
of DV03A2516 located on Big Coppitt Key.
RESOLUTION NO. 022-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board granted approval and authorized execution of a
Contract Agreement between Monroe County and Spirit Marine Towing
and Assistance for the emergency removal of DV03A2510 located in
pine Channel off Big Pine Key, in the amount of $1000.00 AND
adopted the following Resolution authorizing an allocation from
the Boating Improvement Fund of $1000.00 for the emergency
removal of DV03A2510 located in pine Channel, off Big pine Key.
RESOLUTION NO. 023-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board granted approval and authorized execution of an
Agreement between Monroe County and Ace Building Maintenance to
provide janitorial service at the Key West International Airport
on weekends and holidays, in the amount of $1,625.00 per month
for a maximum total of $19,500.00.
Board granted approval to replace boating restricted
area buoys at Smathers Beach, on the south side of Key West with
pilings and signage. Project amount will be under $20,000.00.
Board granted approval and authorized execution of a
Medicaid Provider Agreement between Monroe County and the Florida
Medicaid Program. By becoming a Medicaid Provider of daytime
respite services, indigent medicaid recipients may be able to
obtain those services and be paid for them by the Florida
Medicaid Program.
Board adopted the following Resolution amending
Resolution No. 018-1998 in order to provide that the funding for
the Gustafson, Tilton, Henning & Metzger, P.A., contract for the
Transit Greenways Report be paid out of the General Fund.
RESOLUTION NO. 024-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
98/31
Transfer of Funds (Verbal Add-on 1).
RESOLUTION NO. 025-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal Add-on 2).
RESOLUTION NO. 026-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal Add-on 3).
RESOLUTION NO. 027-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Verbal Add-on 4).
RESOLUTION NO. 028-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal Add-on 5).
RESOLUTION NO. 029-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Receipt of Unanticipated Funds (Verbal Add-on 6).
RESOLUTION NO. 030-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal Add-on 7).
RESOLUTION NO. 031-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution concerning the
Transfer of Funds (Verbal Add-on 8).
RESOLUTION NO. 032-1998
See Res. Book No. 137, which is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
98/32
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe county and the Greater
Marathon Chamber of Commerce covering the Pirates in Paradise
Festival VI on May 1-3, 1998, in an amount not to exceed
$12,760.00, FY 98, allocated under the Cultural Umbrella to
assign all rights, responsibilities, ownership, interests, legal
and verbal contracts for the event to Florida Keys Renaissance
Faire, Inc.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Redbone, Inc.,
covering the Mercury Outboard Slam event allocated under the
Fishing Umbrella, in an amount not to exceed $20,000.00 to change
the dates of the event to September 11-13, 1998.
Board granted approval and authorized execution of an
Addendum to Agreement between Monroe County and Redbone, Inc.,
covering the Little Palm Island Grand Slam event allocated under
the Fishing Umbrella, in an amount not to exceed $6,150.00 to
change the dates of the event to September 22-24, 1998.
Board granted approval and authorized execution of a
Funding Agreement between Monroe County and the Islamorada Junior
Sailfish Tournament covering the Islamorada Junior Sailfish
Tournament, December 11-13, 1998, in an amount not to exceed
$2,000.00, FY 98, Two Penny, allocated un the Fishing Umbrella.
Board granted approval of a Monroe County Tourist
Development Council Operations Manual revision pertaining to
event scoring.
Board granted approval and authorized execution of a
Turn Key Events Agreement between Monroe County and Lyra
Productions/America, Inc., covering the Islamorada Jazz & Blues
Festival '98 on October 31-November 1, 1998, in the amount of
$52,250.00, FY 98, DAC IV, Third Penny.
Board granted approval to advertise a Request for
Proposal (RFP) for Visitor Information Services.
Board approved a TDC Resolution requesting the Board to
declare the Key Lime pie as the official dessert of Monroe County
and requesting the Board to request that the State declare the
Key Lime pie as the official state dessert.
CONSENT AGENDA/BULK APPROVALS
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Planning Director
98/33
in Land Use District Map Boundary Interpretation No. 104
regarding Lot 6, Block 3, Seaside SUbdivision, Key Largo, Monroe
County, Florida, approximately mile marker 95.
RESOLUTION NO. 033-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board granted approval to advertise an Ordinance
amending Ordinance No. 008-1994, the Sea Turtle Protection
Ordinance, to include revisions that are intended to clarify and
standardize the regulations, providing definitions, prohibiting
certain activities disruptive to sea turtles, providing special
lighting restrictions during nesting season, providing standards
for mechanical beach cleaning, providing for prevention of animal
predation of sea turtles, providing penalties, providing for
conflicting provisions of law, providing for severability in the
event of partial invalidity, providing for applicability
throughout the unincorporated areas of Monroe County, directing
that copies of this Ordinance be filed with the Department of
Environmental Protection and the Department of State, providing
an effective date and for codification.
Board granted approval to reject the bid for Monroe
County Growth Management Division's Geographic Information
Systems (GIS) hardware and granted approval to re-advertise
previous Request for Proposal (RFP) and to re-establish previous
review panel.
Board adopted the following Resolution APPROVING an
exemption from the Nonresidential Permit Allocation System for
San Pedro Catholic Church, for property described as Part of
Government Lot 6, section 5, Township 63 South, Range 39 East,
Plantation Key, Monroe County, Florida, Mile Marker 89.5.
RESOLUTION NO. 034-1998
See Res. Book No. 137, which is incorporated herein by reference.
GROWTH MANAGEMENT
Board granted approval and authorized execution of a
Memorandum of Understanding between Monroe County and Florida
Department of Community Affairs, establishing guidelines for the
approval of single family residential building permits to ensure
that no separate independent living areas are created which are
not in compliance with the Land Development Regulations.
98/34
UPPER KEYS HEALTH CARE TAXING DISTRICT
Board granted approval of the recommendation to appoint
Penny Mason to the Upper Keys Health Care Taxing District
Advisory Board to fill the seat vacated by Michael Lannon.
Board granted approval of the recommendation to appoint
Luis Garcia to the Upper Keys Health Care Taxing District
Advisory Board to fill the seat vacated by Fred Bacher.
MONROE COUNTY SHERIFF'S DEPARTMENT
Board granted approval for the Sheriff's Department to
remove items for the first quarter of Fiscal Year 98. Said list
is incorporated herein by reference.
Board granted approval to advertise for a Public
Hearing for the purpose of a budget amendment for Fund #101 -
Fine and Forfeiture Fund. The budget amendment will be necessary
to amend the Sheriff's Budget in order to implement the housing
of additional inmates at the jail and increase revenues.
Board granted approval of a request for expenditures
from the Law Enforcement Trust Fund in the total amount of
$24,349.50:
$330.00
399.00
396.00
135.00
780.00
162.00
346.00
750.00
5000.00
2100.00
1200.00
620.00
600.00
475.00
4000.00
756.00
1195.00
Sure Fire Ballistic Shield Light.
9 pairs of goggles for SWAT team.
9 pairs BDU jackets and trousers for SWAT team.
18 T-shirts with law enforcement identification
for SWAT team.
Helmet suspension systems.
Lithium batteries for SWAT equipment.
9 Safari land 3004 Special Ops holsters for SWAT
team.
5 portable Crime Stoppers reward signs.
Second contribution to PACE program.
Compaq presario notebook computer.
Crime Stoppers billboard.
Additional funds for Univ. of Fl. Coop. Extension
Service.
24 hour stop action video recorder for long-term
video surveillance.
3 desktop computers and printers for HIDTA task
force.
Concealed microphone and radio transmitter.
Annual cost of printing "Watch word" Newsletter.
Q-System full body bite suit for training K-9
officers.
98/35
4800.00
Industrial rubber flooring tiles in exercise room
in main jail.
COMMISSIONERS' ITEMS
Board adopted the following Resolution directing that
the Monroe County Division of Growth Management not require a
building permit for the painting of residential structures.
RESOLUTION NO. 035-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board adopted the following Resolution expressing their
support of a proposed Bill before the 105th Congress of the
United States of America concerning the Water Quality Protection
Program Phase II.
RESOLUTION NO. 036-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board granted approval for travel after-the-fact to
Tallahassee for Commissioner Douglass to attend the Governor's
Ocean Committee meeting scheduled February 2 and 3, 1998.
Board approved Commissioner Reich's appointment of
Estelle Incociati to the Florida Keys Council for the
Handicapped. Ms. Incociati will replace Don Grenade, who term
expires February 21, 1998.
Board granted approval for Commissioner Douglass to
attend the South Florida Community Urban Resources Partnership on
February 19, 1998 in Miami. Board granted permission for
Commissioner Douglass to sign the Articles of Incorporation and
by laws that will formally organize the local component of this
federal initiative.
COUNTY ADMINISTRATOR
Board granted approval of the reappointment of Arnold
steinmetz to the Career Service Council.
Board granted authority for the County Administrator to
develop payroll deduction agreement for retirement plans/deferred
compensation plans to be offered to employees as an alternative
to PEBSCO.
Board granted approval to inform the Florida
Communities Trust that the Monroe County School Board will not be
98/36
utilizing a grant for the purchase of property for a new high
school.
COUNTY CLERK
FINES AND FORFEITURES
Board approved the following Fine and Forfeiture
Expenditures:
COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Leslie Morgan,
in the amount of $700.00; Guidance Clinic of the Middle Keys, in
the amount of $500.00; Guillermo Marcovici, in the amount of
$900.00;
WITNESS COORDINATION, Travel and Per Diem, in the
amount of $451.01; witness Payroll, in the amount of $396.50;
COURT ORDERED ATTORNEY CONFLICT, Carol Cimkowski, in
the amount of $1,087.00; Carol Ann Wolf, in the amount of
$315.00; Manuel Garcia, in the amount of $4,188.40; Laurie Hall,
in the amount of $1,512.50; John P. Rotolo, in the amount of
$5,835.00; Charles Milligan, in the amount of $843.75; Maria
Betancourt, in the amount of $3,363.75; Allen & Goldman, in the
amount of $240.00; Stephen Isherwood, in the amount of $3,228.75;
Richard Behr, in the amount of $1,267.50; Gregory Davila, in the
amount of $4,747.50; Charles Everett, in the amount of $1,140.00;
Jason Smith, in the amount of $3,000.00; Jack Webb, in the amount
of $460.50.
TRAVEL EXPENSES, Conflict Attorney Travel & Per Diem,
in the amount of $3,701.78.
COURT REPORTER SERVICES, Fred Jeske, in the amount of
$1,280.98; Florida Keys Reporting, in the amount of $3,083.85;
vicki Lynn Doty, in the amount of $1,448.75; Amy Landry, in the
amount of $702.25; Associated Court Reporters, in the amount of
$3,007.00; Joe Troiano, Inc., in the amount of $33.60; Reporting
Plus, in the amount of $190.00; Urban Court Reporting, in the
amount of $315.00; Gloria Seelig, in the amount of $32.48; Joe
Troiano, Inc., in the amount of $33.60.
COURT INTERPRETER, Estrella Garcia, in the amount of
$375.00; Jiri Dolezal, in the amount of $145.00; Jenine
Ouillette, in the amount of $25.00; Jose Menendez, in the amount
of $750.00; Thomas Lindsay, in the amount of $25.00; Mayda
Maloney, in the amount of $255.00; William Waddell, in the amount
of $495.00; JR Alayon-Forte, in the amount of $530.00; Marie C.
Penot, in the amount of $30.00; AT&T Language Line, in the amount
of $50.00; Grace Krulasik, in the amount of $25.00; Julia Seward,
98/37
in the amount of $30.00.
SHERIFF EXTRADITION, Richard d. Roth, in the amount of
$950.48.
EXPERT WITNESS, Dr. Mambo, in the amount of $250.00;
Dr. Michael Gamach, in the amount of $1,375.00; Wardlow Allen, in
the amount of $2,400.00.
WARRANTS
Board approved the following Warrants:
GENERAL REVENUE FUND (001), #299463-301091, in the
amount of $15,019,316.31
Board approved the County Commission Meeting Minutes of
December 10, 1997.
COUNTY ATTORNEY
Board adopted the following Resolution consenting to a
sublease for the placement of air/ground communication equipment
at the Florida Highway Patrol Building.
RESOLUTION NO. 037-1998
See Res. Book No. 137, which is incorporated herein by reference.
Board granted approval to advertise an Ordinance
amending Chapter 6 clarifying that contractor's Examining Board
is the Board which the County deems to be the local construction
regulation board with authority to affect permit pulling
privileges; transferring the authority to determine probable
cause to Building Official; 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 granted approval to advertise an Ordinance
amending Sec. 6-56, Specialty Contractors Paragraph and Sec. 6-
59(11), Monroe County Code; creating the category of Asphalt
Sealing and Coating Specialty Contractor; correcting Ordinance
No. 056-1997 to require testing for fire alarm, glazing, gunite
and sandblasting, low voltage, sign electrician, waterproofing
and roof painting; requiring testing for new category; 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
98/38
date.
Board declared surplus one Phillips Mobile C-Arm X-ray
machine, Inventory Tax 1450-001, Serial No. G-157234, and
authorized after-the-fact conveyance of same to Mariner's
Hospital for negotiated payment of $1,500.00.
Board granted approval and authorized execution of a
Reed Travel Group Rebate Form which will result in a refund to
the County of $133,649.22 in Tourist Development Council funds.
Board granted approval and authorized execution of an
Agreement between Monroe County, Marathon Air Services, and
Philip Edwards.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
The Board discussed approval to advertise a Request for
Proposals for operation of the Key Largo Animal Control. The
following individuals addressed the Board: Tom Garrettson,
representing the Humane Animal Care coalition; Melody Cassady,
Jill Patterson and Rebecca Huba. After discussion, motion was
made by Commissioner Freeman and seconded by Commissioner
Douglass to reject approval to advertise and negotiate with the
only bidder in the first advertisement to run the animal shelter
in Upper Keys. Roll call vote was unanimous.
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman granting approval and authorizing
execution of Change Order #1 between Monroe County and Gonzalez
Architects for the Courthouse Annex renovations in the increased
amount of $54,800. Roll call vote was taken with the following
results:
commissioner Douglass Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich No
Mayor London Yes
Motion carried.
COMMISSIONERS' ITEMS
commissioner Harvey discussed the "PILT" (Payment in
Lieu of Taxes) payments made to Monroe County, paid by Congress,
98/39
and distributed by the state of Florida. The Board took no
official action.
MISCELLANEOUS BULK
Office of Management and Budget Director, John Carter
addressed the Board. Motion was made by Commissioner Harvey and
seconded by Commissioner Freeman to approve the following:
Resolution concerning the Transfer of Funds. COMB
Schedule Item Number 1)
RESOLUTION NO. 038-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. COMB
Schedule Item Number 2)
RESOLUTION NO. 039-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. COMB
Schedule Item Number 3)
RESOLUTION NO. 040-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. COMB
Schedule Item Number 4)
RESOLUTION NO. 041-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution amending Resolution No. 442-1997. COMB
Schedule Item Number 5)
RESOLUTION NO. 042-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution amending Resolution No. 443-1997. COMB
Schedule Item Number 6)
RESOLUTION NO. 043-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. COMB Schedule Item Number 7)
RESOLUTION NO. 044-1998
98/40
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 8)
RESOLUTION NO. 045-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 9)
RESOLUTION NO. 046-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 10)
RESOLUTION NO. 047-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 11)
RESOLUTION NO. 048-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 12)
RESOLUTION NO. 049-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 13)
RESOLUTION NO. 050-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 14)
RESOLUTION NO. 051-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (OMB Schedule Item Number 15)
RESOLUTION NO. 052-1998
See Res. Book No. 137 which is incorporated herein by reference.
98/41
Resolution concerning the Receipt of Unanticipated
Funds. (OMB Schedule Item Number 16)
RESOLUTION NO. 053-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution amending Resolution No. 474-1997. (OMB
Schedule Item Number 17)
RESOLUTION NO. 054-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 18)
RESOLUTION NO. 055-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 19)
RESOLUTION NO. 056-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 20)
RESOLUTION NO. 057-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 21)
RESOLUTION NO. 058-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 22)
RESOLUTION NO. 059-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 23)
RESOLUTION NO. 060-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 24)
98/42
RESOLUTION NO. 061-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 25)
RESOLUTION NO. 062-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 26)
RESOLUTION NO. 063-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 27)
RESOLUTION NO. 064-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 28)
RESOLUTION NO. 065-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 29)
RESOLUTION NO. 066-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 30)
RESOLUTION NO. 067-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 31)
RESOLUTION NO. 068-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 32)
RESOLUTION NO. 070-1998
See Res. Book No. 137 which is incorporated herein by reference.
98/43
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 33)
RESOLUTION NO. 071-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 34)
RESOLUTION NO. 072-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 35)
RESOLUTION NO. 073-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (OMB Schedule Item Number 36)
RESOLUTION NO. 074-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Receipt of URanticipated
Funds. (OMB Schedule Item Number 37)
RESOLUTION NO. 075-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution rescinding Resolution No. 480-1997. (OMB
Schedule Item Number 38)
RESOLUTION NO. 076-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution amending Resolution No. 364-1997. (OMB
Schedule Item Number 39)
RESOLUTION NO. 077-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Transfer of Funds. (OMB
Schedule Item Number 40)
RESOLUTION NO. 078-1998
See Res. Book No. 137 which is incorporated herein by reference.
Resolution concerning the Receipt of Unanticipated
Funds. (OMB Schedule Item Number 41)
98/44
RESOLUTION NO. 079-1998
See Res. Book No. 137 which is incorporated herein by reference.
Roll call vote was unanimous.
MISCELLANEOUS BULK
Motion was made by Commissioner Freeman and seconded by
Commissioner Douglass to reopen the Agenda in order to reconsider
Agenda Item D-39 concerning a Resolution amending Resolution No.
019-1998 in order to provide that the funding for the Gustafson,
Tilton, Henning & Metzger, P.A. contract for the Transit
Greenways report be paid out of the General Fund. Motion carried
unanimously.
PUBLIC HEARINGS
A Public Hearing was held concerning adoption of an
Ordinance amending Sec. 13.5-4 Monroe County Code, by the
addition of Friendship Park, Garden Cove Park, Harry Harris Park,
and Sunset Point Park; Providing the park hours; providing for
the operation of lighting the basketball courts and ballfields;
Providing for admission fees; Repealing Section 13.5-1; Providing
for the prohibition of hitting golf balls; 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
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 005-1998
See Ord. Book No. 46 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution renouncing and disclaiming any right of the County and
the public in and to a portion of South Ocean Shores Drive, Key
Largo Ocean Shores Addition, Key Largo, Florida. Motion was made
by Commissioner Douglass and seconded by Commissioner Reich to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 080-1998
See Res. Book No. 137 which is incorporated herein by reference.
COUNTY ATTORNEY
The Board discussed adoption of a Resolution amending
98/45
Sec. 14 of the Monroe County Personnel Policies and Procedures
Manual by defining Domestic Partner, providing for a procedure to
establish and determine the existence or termination of a
domestic partnership: Providing for the rights of domestic
partners; and Providing that Monroe County will provide the same
health benefits to domestic partners as it provides to employees
with spouses. The following individuals addressed the Board:
Tom Runyan, representing Lambda Democrats of Key West; Mary
Belden, Constance Gilbert, representing Key West Now; Meryle
Silver, representing Lambda Democrats of Key West; John N. Gish,
Jr., representing Integrity/Key West; Peter Bacle and Joe Bell.
After discussion, motion was made by Commissioner Reich and
seconded by Commissioner Freeman to adopt the following
Resolution. Roll call vote was taken with the fOllowing results:
commissioner Douglass No
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
RESOLUTION NO. 081-1998
See Res. Book No. 137 which is incorporated herein by reference.
MISCELLANEOUS BULK
The Board discussed the agreement with the Upper Keys
Youth Club. Brent RObbins, representing the Boys & Girls Club
addressed the Board. Motion was made by Mayor London and
seconded by Commissioner Douglass to postpone the item to the
next Board of County Commissioners' meeting in Marathon scheduled
for March, 1998. Clerk of Court, Danny L. Kolhage addressed the
Board. Roll call vote was unanimous.
MISCELLANEOUS BULK
The Board discussed adoption of a Resolution amending
Resolution No. 019-1998 in order to provide that the funding for
the Gustafson, Tilton, Henning & Metzger, P.A. contract for the
Transit Greenways report be paid out of the General Fund. The
following individuals addressed the Board: Barry Patterson, Joan
Mowery, representing the Gulfstream Shore Homeowners Association;
John Madden, Captain Ed Davidson and Eugene Shinkevich,
representing the Big Pine civic Association. After discussion,
motion was made by Commissioner Douglass and seconded by
Commissioner Harvey to adopt the following Resolution. Motion
98/46
carried unanimously.
RESOLUTION NO. 082-1998
See Res. Book No. 137 which is incorporated herein by reference.
SOLID WASTE MANAGEMENT
Solid Waste Director, Clark Lake and Bruce Williams,
representing Mid Keys Waste Island Disposal discussed recent
storm waste disposal. The Board agreed to waive dumping fees for
a reasonable length of time. At the Special meeting scheduled
for February 23, 1998 the Board will decide an ending date for
the waiver.
LAND AUTHORITY (SITTING AS THE COUNTY COMMISSION)
Executive Director of the Monroe County Land Authority,
Mark Rosch addressed the Board. Motion was made by Commissioner
Douglass and seconded by Commissioner Harvey granting approval
and authorizing execution of a Contract Addendum between Monroe
County and the Florida Communities Trust for a land acquisition
grant. Motion carried unanimously.
DIVISION OF PUBLIC WORKS
Public Works Director, Dent pierce gave a report on the
Key Largo Community Park.
DIVISION OF COMMUNITY SERVICES
community Services Director, Peter Horton informed the
Board that the Construction Management Department has requested
that the dedication of the Adam Arnold Annex be held on Thursday,
April 2, 1998 at 10:00 a.m.
CONSENT AGENDA / BULK APPROVALS
Growth Management Director, Bob Herman addressed the
Board. After Board discussion motion was made by Commissioner
Reich and seconded by Commissioner Douglass granting approval and
authorizing execution of the following: Pursuant to Ordinance
No. 016-1992 these documents have been filed by the applicants
receiving dwelling unit allocation awards for the quarter ending
on October 13, 1997.
98/47
4 PEOPLE DEDICATING 4 LOTS TO MONROE COUNTY
Permit #
Name on Warranty Deed
Leqal
97-1-1421
Thomas D. Burgess
Lot 8, Block 52
Port pine
Heights 2nd
Addition
97-3-1676
Harold E. Fried
Lot 4, Block 5
Torch Key
Estates,
Revised
97-3-1368
Shirley Borg
Lot 17, Block 9
Kinercha
97-1-1497
Thomas D. Ryan
Carrie S. Ryan
Lot 14, Block
20 Eden pines
Colony, 3rd.
Addition
1 RESTRICTIVE COVENANT FOR CONTIGUOUS LOTS
97-3-1779
Freda S. Wollard
Lot 5 & 6,
Block 3 High
Point
1 AFFORDABLE HOUSING DEED RESTRICTION
97-3-3474
George Wallis
Motion carried unanimously.
GROWTH MANAGEMENT
Ken Williams, Consulting Engineer with CH2MHill
introduced Donald F. Roecker, Funding Consultant who gave a
presentation to the Board concerning the Funding Proposal for the
Marathon Area Wastewater System. Charles Brooks addressed the
Board. The Board took no official action. Growth Management
Director, Bob Herman, addressed the Board.
98/48
The Board discussed the Special Meeting scheduled for
Monday, February 23, 1998 at 11:00 AM at the Marathon Government
Center. The purpose of the meeting is a Special Public Hearing
for Amendment to Hawk's Cay Major Development Order/Development
of Regional Impact. The Board also agreed to hold on February
23, 1998 at 1:30 PM the approval of Amendment 3 to the Contract
between Monroe County and CH2MHill for the Marathon Area
Wastewater System and discussion of the Funding Proposal.
COMMISSIONERS' ITEMS
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman to reopen the Agenda in order to add an
item concerning a presentation by attorney Nick MUlik, Chairman
of the Local citizens' Task Force on Wastewater. Motion carried
unanimously.
The Board discussed approval of a Resolution in support
of the concept of establishing a non-transportation toll on u.S.
1 to assist in funding the implementation of the Monroe County
Year 2010 Comprehensive Plan Policy 101.2.13 five year work plan.
The following individuals addressed the Board: Charles Brooks,
Hal Heim, Barry Patterson, Debra Harrison, representing the World
wildlife Fund and Eugene Shinkevich, representing the Big pine
civic Association. Motion was made by Commissioner Reich and
seconded by Commissioner Freeman to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 083-1998
See Res. Book No. 137 which is incorporated herein by reference.
SOUNDING BOARD
John O'Daniel discussed the formation of an ethics
committee with one or two appointments made by each Commissioner.
The Board took no official action.
Tim Bricker updated the Board on the community aquatics
center project at the Key Largo Community Park.
COMMISSIONERS' ITEMS
The Board discussed a request from the Rusk
Corporation, a non-profit organization which provides meeting
facilities for support groups such as Alcoholics Anonymous, to
waive minor conditional user fees. County Attorney, James T.
Hendrick addressed the Board. The Board took no official action.
98/49
GROWTH MANAGEMENT
An update on legal issues was presented by County
Attorney, James T. Hendrick. Mr. Hendrick discussed the Burnham;
Abbott; Ambrose; Plaza Associates; Hernandez and Bowling cases.
Mr. Hendrick discussed Planning & Zoning issues as they relate to
the Village of Islamorada.
Mr. Hendrick discussed the New Port Largo; Dowsett;
Department of community Affairs and the County's Vested
Rights/Beneficial Use Provisions Ordinance.
Motion was made by Commissioner Douglass and seconded
by Commissioner Freeman to add to the agenda for the meeting of
February 23, 1998 the consideration of a Memorandum of
Understanding with the Florida Department of Community Affairs or
a discussion of DCA's Final Order concerning the Vested Rights
Beneficial Use Ordinance. Motion carried unanimously.
Mr. Hendrick discussed the status the 18 Mile Stretch.
COUNTY ATTORNEY
Mr. Hendrick advised the Board that he would be
proceeding with litigation against D&J Enterprises concerning the
Marathon Sheriff's Sub-Station roof and that he would be
utilizing the firm of Siegfried & Rivera who are specialists in
this area.
Mr. Hendrick discussed a letter from the Florida
Department of Transportation concerning the transfer of streets
in Key West. Motion was made by Commissioner Reich and seconded
by Commissioner Harvey directing Staff to work with the
Department of Transportation towards the consolidation of the
state road system in the city of Key West and the removal of
county jurisdiction for roads in the City of Key West. Motion
carried unanimously.
Mr. Hendrick discussed a Resolution designating the
County Health Department sanitation inspectors as code inspectors
and code enforcement officers for the purpose of enforcing
Chapter 15.5, of the Monroe County code regulation of on-site
sewage treatment and disposal systems. Motion was made by
Commissioner Douglass and seconded by Commissioner Reich to add
this item to the Agenda for the meeting of February 23, 1998.
Motion carried unanimously.
98/50
COMMISSIONERS' ITEMS
Mr. Nick MUlik, Chairman of the Local Citizens' Task
Force on Wastewater made a report to the Board c9ncerning the
activities of the Task Force. Mr. Herman addressed the Board.
No official action was taken.
Commissioner Douglass updated the Board on the
revisions to the County code designed to eliminate arcane and
burdensome regulations. No official action was taken.
commissioner Reich discussed a proposed petition for a
constitutional amendment concerning the funding for Article V
costs. The Clerk addressed the Board. No official action was
taken.
commissioner Douglass discussed the Governor's Ocean
Committee Meeting.
COUNTY ADMINISTRATOR
Mr. Roberts discussed the fact that there may be need
to extend the meetings to two days. One of those meetings would
be to receive a report from Acordia, the County'~ Third Party
Administrator for group insurance, either in March or April.
Mr. Roberts discussed legislative requests and the
Department of Defense public hearings concerning missile testing
in the Keys. Motion was made by Commissioner Harvey and seconded
by Commissioner Douglass to prepare an explanatory document to be
disseminated to the public that the Department of Defense has
completed its study of the environmental impact 9f proposed
missile defense testing and has concluded that there should be no
missile launches from the Florida Keys. Motion: carried
unanimously.
GROWTH MANAGEMENT
Department of Community Affairs Planning Manager for
the Florida Keys, Ty symroski addressed the Board concerning the
consideration of a Memorandum of Understanding between the
Department of Community Affairs ad Monroe County!establishing
guidelines for the approval of single family residential building
permits to ensure that no separate independent living areas are
created which are not in compliance with the Land Development
Regulations. Said item was bulk approved this morning.
98/51
Mr. Symroski and Growth Management Director, Bob Herman
discussed the permitting process as a result of recent storm
damage.
PUBLIC HEARINGS
A Public Hearing was held concerning the adoption of
an Ordinance adopting Land Development Regulations to amend the
Residential Dwelling Unit Allocation Ordinance (Or Rate of Growth
Ordinance (ROGO)) to implement new provisions of the Residential
Permit Allocation System in the Monroe County Year 2010
ComDrehensive Plan related to new point categories, the
moratorium of new transit dwelling units and administrative
relief; revising point criteria under the perseverance point
category; establishing a new subarea for Big pine and No Name
Keys to accommodate the eight permits per year specified by
Policy 103.1.1; allowing for off-site replacement of legal
nonconforming excess residential density on eligible parcels;
revising the provisions for twenty percent set-aside allocations
for affordable housing to assign the housing authority
responsibility for determining applicant eligibility and
distribution of allocation awards consistent with the
distribution of allocation awards consistent with the intent of
the residential dwelling unit allocation system; reorganizing,
amending and streamlining the existing land development
regulations to achieve the stated purposes and intent of the
ROGO; and establishing an effective date for this Ordinance to
take effect. Planning Director, Timothy McGarry I and Department
of Community Affairs Planning Manager for the Florida Keys, Ty
Symroski addressed the Board. Motion was made by'Commissioner
Reich and seconded by Commissioner Harvey to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 006-1998
See Ord. Book No. 46 which is incorporated herein by reference.
Motion was made by Mayor London and seconded by
Commissioner Reich to adopt a policy that those people who
received a rating high enough to receive an allocation when a
cesspit credit is available will not be penalized. Motion
carried unanimously. .
A Public Hearing was held concerning adoption of a
Resolution transmitting to the Florida Department of community
Affairs for review and comment proposed changes to the Monroe
County Year 2010 ComDrehensive Plan, including amendments to
Policy 101.5.4 related to the land dedication, coastal high
hazard area, energy conservation and structural integrity point
categories of the residential permit allocation system; and
,
98/52
Policy 101.2.4 related to the twenty percent set-aside dwelling
unit allocations for affordable housing. Mr. McGarry and Mr.
Herman addressed the Board. Motion was made by Commissioner
Freeman and seconded by Commissioner Douglass to amend the
Resolution as follows:
Page 4 of 6
section 3. Change the words minor
positive to major positive at the
paragraph which reads: An additional
point shall be awarded when a
photovoltaic system, sized as above, is
used in conjunction with the total
elimination of the conventional grid
system.
Roll call vote was taken with the following results:
commissioner Douglass Yes
Commissioner Freeman Yes
Commissioner Harvey No
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Motion was made by Commissioner Reich and seconded by
Commissioner Douglass to adopt the following Resolution, as
amended. Motion carried unanimously.
RESOLUTION NO. 084-1998
See Res. Book No. 137 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of a
Resolution transmitting to the Florida Department of Community
Affairs for review and comment proposed changes to policies
601.1.7 and 601.1.11 of the Monroe County Year 2010 Comprehensive
Plan related to the eligibility for Affordable Housing Incentives
and maintaining housing which has received county incentives as
affordable. Mr. McGarry addressed the Board. Motion was made by
Commissioner Douglass and seconded by Commissioner Freeman to
adopt the fOllowing Resolution. Motion carried unanimously.
RESOLUTION NO. 085-1998
See Res. Book No. 137 which is incorporated herein by reference.
There being no further business to come before the
Board, the meeting was adjourned.
98/53
Danny L. Kolhage
Clerk of circuit Court and
ex officio Clerk to the Board
of County Commissioners
~~c. &V~~
Isabel C. DeSantis, Deputy Clerk