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03/11/1998 Regular 98/59 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 11, 1998 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m., on the above date, at the Marathon Government Center. Present and answering to roll call were Commissioner Keith Douglass, Commissioner shirley Freeman, commissioner Wilhelmina Harvey, Commissioner Mary Kay Reich 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 Harvey and seconded by Commissioner Douglass to approve all additions, corrections and deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation was made of a Mayor's Proclamation to David Matthew Cavanah, whereas Monroe County recognizes the outstanding achievement of Eagle Scout on January 27, 1998. Presentation of a Mayor's Proclamation designating 1998 as the Year of the Ocean. Presentation of Employee of the Year Award for 1997 was presented to Juan Serrano, Crew Chief, Recycling Operations, Key Largo. Board adopted the following Resolution in recognition of the late Valentine christopher "Chris" Setzer. RESOLUTION NO. 090-1998 See Res. Book No. 137, which is incorporated herein by reference. 98/60 BULK APPROVALS Motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval of the following items by unanimous consent: Board granted approval and authorized execution of an Agreement between Monroe County and Humane Animal Care Coalition, Inc., to operate the Key Largo Animal Control Shelter. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Jayne's Cleaning Service, Inc., to provide janitorial service, restroom opening and lock up at Ann's Beach, in the amount of $1,000.00 per month/$12,000.00 per year. Board granted approval to demolish and dispose of the storage shed located in Plantation Key, formerly utilized for Public Works storage. Board granted approval of the wording for the plaque at the Key West International Airport, Adam Arnold Annex. Board granted approval to reject bids received for fire-rescue equipment and readvertise. Board granted approval and authorized execution of a Certificate of Public Convenience and Necessity to Monroe County Emergency Medical Services for the operation of an ALS transport ambulance service. Board granted award of bid and approval to purchase automatic external defibrillator medical equipment through an EMS Medical Equipment Matching Grant, Project #M6001, from Physio Control Corp, in the total amount of $25,173.65. Board granted approval to purchase a half ton pickup truck at the Florida Sheriff ',S Association and Florida Association of Counties contract price. Board granted approval of the appointment of Robert Shearer and the reappointment of Albert Appell and Fred Bucholtz to the Duck Key Security District Advisory Board; approval for Fred Bucholtz to retain his position as Advisory Board Chairman; approval to create the position of Advisory Board Vice Chairman and that Albert Appell be appointed to that position. Board acknowledged receipt of the Duck Key Security's proposed FY 99 budget. 98/61 Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 1). RESOLUTION NO. 091-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 2). RESOLUTION NO. 092-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 3). RESOLUTION NO. 093-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 4). RESOLUTION NO. 094-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 5). RESOLUTION NO. 095-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 6). RESOLUTION NO. 096-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch..Item 7). RESOLUTION NO. 097-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 8) . RESOLUTION NO. 098-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 9). 98/62 RESOLUTION NO. 099-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 10). RESOLUTION NO. 100-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the ,. following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 11). RESOLUTION NO. 101-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 12). RESOLUTION NO. 102-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 030-1998 (OMB Sch. Item 13). RESOLUTION NO. 103-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 14). RESOLUTION NO. 104-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 15). RESOLUTION NO. 105-1998 See Res. Book No.."; 137,: which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 16). RESOLUTION NO. 106-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 390-1997 (OMB Sch. Item 17). RESOLUTION NO. 107-1998 See Res. Book No. 137, which is incorporated herein by reference. 98/63 Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 18). RESOLUTION NO. 108-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 19). RESOLUTION NO. 109-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 20). RESOLUTION NO. 110-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 21). RESOLUTION NO. 111-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 22). RESOLUTION NO. 112-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (OMB Sch. Item 23). RESOLUTION NO. 113-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated. Funds>(OMB.Sch. Item 24). RESOLUTION NO. 114-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (OMB Sch. Item 25). RESOLUTION NO. 115-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and On Time Delivery, 98/64 Inc., approving the assignment of contract and transfer of parties names from On Time Delivery, Inc., d/b/a Buccaneer Courier to Joanne Kaestner, d/b/a Buccaneer Courier. Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Department of Community Affairs (Contract No. 98-RC-3V-11-54-01-008), to implement the Residential Construction Mitigation Program. Board,granted,approvaland authorized execution of a MOdification of Agreement No. 002 to Contract No. 97EA-7P-11-54- 01-018 between Monroe County and the Florida Department of Community Affairs for the Low Income Home Energy Program. Board granted authorization to renew Property Insurance Policy with Royal Surplus Lines Insurance Company at an annual premium of $190,377.00. Board granted approval to pay $194,336.00 renewal premium to Florida windstorm Underwriting Association. Board granted permission to close all Monroe County libraries on Saturday, April 11, 1998, the Saturday following the Good Friday holiday. Board granted approval of an application for removal of a Sea Grape Tree from the back garden of the Key West Library. Board granted approval to waive collection of fines for overdue library materials during National Library Week, April 19 - 25, 1998 and the week thereafter, April 26 - May 2, 1998. Board granted approval and authorized execution of a Medicaid Provider Agreement between Monroe County and the Agency for Health Care Administration for Monroe County In Home Services, Provider No. 024921100, AND granted approval and authorized execution of a Medicaid Provider Agreement between Monroe County and~;the,Agency for Health Care Administration for the Monroe County Nutrition Program, Provider No. 024921101. This Medicaid Waiver Program reimburses the Nutrition Program for meals and the In-Home Program for services given to eligible seniors throughout the County. Board granted approval and authorized execution of a HCBS/Medicaid Waiver Referral Agreement between Monroe County/Monroe County In-Home Services and Summit Home Respiratory Services, Inc. This agreement will provide consumable medical supplies to Medicaid eligible In-Home Service clients. Board granted approval and authorized execution of a - Re.vision 98/65 HCBS/Medicaid Waiver Referral Agreement between Monroe County/Monroe County In-Home Services and Insect-E-Cuter Pest Control to provide pest control services to Medicaid eligible In- Home Service clients. Board granted approval and authorized execution of an Amendment to HCBS/Medicaid Waiver Referral Agreement between Monroe County/Monroe County In-Home Services Program and Marathon Adult Day Center to continue providing needed adult day care services to Medicaid eligible In-Home Service clients. - Board granted approval and authorized execution of an Amendment to HCBS/Medicaid Waiver Referral Agreement between Monroe County/Monroe County In-Home Services and Staff Builders, Inc., to continue providing needed in-home services to Medicaid eligible In-Home Service clients. Board granted approval and authorized execution of an Amendment to HCBS/Medicaid Waiver Referral Agreement between Monroe County/Monroe County In-Home Services and Visiting Nurse Association of the Florida Keys, to continue providing needed in- home services to Medicaid eligible In-Home Service clients. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement (Contract No. A5126) between Monroe County and the Florida Department of Transportation, to fund the Key West International Airport Terminal Renovation/Expansion. This agreement will fund non AlP eligible costs of the project. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement (Contract No. A7065) between Monroe County and the Florida Department of Transportation, to fund the Key West International Airport Terminal Renovation/Expansion. This agreement will fund non AlP eligible costs of the project. Board granted approval to advertise Request for Bids for construction of taxiway extension and rehabilitation at the Marathon Airport. Board granted approval to reject bid, and readvertise Notice of Calling for Bids for reconditioning the roof of the Federal Express building, at the Marathon Airport. - Board granted approval to proceed with emergency repairs to 9 bay hangars at the Marathon Airport currently leased to the Marathon Flying Club, waive the formal bidding process, seek informal bids, and authorized the Mayor to execute FDOT Grant WPI #6826791 to fund Shade Hangar Rehabilitation. * 98/66 Board granted approval and authorized execution of a Marathon Fixed Base Operator (FBO) Agreement between Monroe County and Grantair Service, Inc., pending final review by the County Attorney. Board granted approval and authorized execution of a Marathon Fixed Base Operator (FBO) Agreement between Monroe County and J. E. steigerwald Company, Inc., pending final review by the County Attorney. Board granted approval and authorized execution of an Agreement between Monroe County and AKH Water Management, Inc., for maintenance of the Sewage Treatment Plant at the Marathon Airport. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund for the removal of DV03A2552, in the amount of $1,260.00, located off of South Roosevelt Blvd., Key West AND authorized execution of a Contract between Monroe County and Arnold's Towing for the emergency removal of DV03A2552, located off of South Roosevelt Blvd., Key West. RESOLUTION NO. 116-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $15,375.00 for the installation of ten pilings and twenty regulatory signs off of Smathers Beach, Key West and for the services of a marine survey to provide new placement sites AND authorized execution of a contract between Monroe County and American Underwater Contractors for the installation of ten pilings and regulatory signage off of Smathers Beach. RESOLUTION NO. 117-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $1,740.00 for the emergency removal of Derelict Vessel DV03A2497 in Newfound Harbor AND authorized execution of a contract between Monroe County and Spirit Marine Towing & Assistance for the emergency removal of DV03A2497 located in Newfound Harbor. RESOLUTION NO. 118-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted the following Resolution authorizing an allocation from the Boating Improvement Fund of $625.00 for the 98/67 emergency replacement of chain on ten buoys along the east shore of Jolly Rogers Estates, Little Torch Key AND authorized execution of a Contract between Monroe County and Spirit Marine Towing for the emergency replacement of chain on ten buoys along the east shore of Jolly Rogers Estates. RESOLUTION NO. 119-1998 See Res. Book No. 137, which is incorporated herein by reference. Board adopted/the'followingResolution authorizing an allocation from the Boating Improvement Fund of $1,080.00 for the emergency removal of DV03A2520 located off of Key West AND authorized execution of a contract between Monroe County and Arnold's Towing for the emergency removal of DV03A2520 located off of Key West. RESOLUTION NO. 120-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval and authorized execution of a Low Income Home Energy Assistance Program Agreement, Contract No. 98EA-9A-11-54-01-018 between Monroe County and the Florida Department of Community Affairs. Funds provided by this program are available to qualified households for the payment of home heating and/or cooling costs. Board granted approval and authorized execution of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity to Atlantic/Key West Ambulance, Inc., d/b/a American Medical Response, for the operation of an ALS Transport Ambulance Service. Board granted approval and authorized execution of license renewal applications for the 25 translator channels. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Ameurop Travel Service, Inc., exercising a one year option to September 30, 1999. The remaining provisions of the original Agreement remain in full force and effect. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Cellet Travel Services, Ltd., exercising a one year option to September 30, 1999. The remaining provisions of the original contract remain in full force and effect. 98/68 Board granted approval and authorized execution of an Agreement between Monroe County and the Greater Key West Chamber of Commerce which amends and extends the existing contract for visitor Information Services, in the amount of $207,000.00 per year. Board granted approval and authorized execution of an Agreement between Monroe County and the Marathon Chamber of Commerce which amends and extends the existing contract for Visitor Information ,Services, in the amount of $80,000.00 per year. Board granted approval and authorized execution of an Agreement between Monroe County and the Islamorada Chamber of Commerce which amends and extends the existing contract for Visitor Information Services, in the amount of $80,000.00 per year. Board granted approval and authorized execution of an Agreement between Monroe County and the Key Largo Chamber of Commerce which amends and extends the existing contract for Visitor Information Services, in the amount of $93,000.00 per year. Board granted approval of an Operations Manual revision pertaining to the Cultural Umbrella event application form. Board granted approval of the Florida Keys Fishing Tournaments, Inc., Appropriation Committee: Appropriation Committee Jim Sharpe - Chairman Dale Bittner Brett Taporowski Earl Cantrill Eileen Mason Chester Marr Alternates: Tim Greene Jim Sharpe Dave Navarro Open Seat Laura Males Board granted approval to advertise Request For Proposals (RFP) for beach maintenance and cleaning services. 98/69 Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Diversified Services currently covering March 15, 1997 through March 15, 1998 for one (1) year terminating on March 15, 1999. The remaining provision of the original contract remain in full force and effect. Board granted approval and authorized execution of an Agreement between Monroe County and Prange and O'Hearn Marketing and Research Group to provide a Visitor Profile Survey, in an amount not to exceed $27,862.50/FY 98 and $19,237.50/FY 99. CONSENT AGENDA/BULK APPROVALS Board granted approval of the following five transfer of buildable lots to Monroe County by Warranty Deed, three covenants restricting the property owner to having only one dwelling unit on two contiguous lots. Pursuant to Ordinance No. 016-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for quarters ending October 13, 1997 and January 13, 1998. 3 Peoo1e Dedicatinq 5 Lots to Monroe County Name on Permit # Aqenda Item Name on Warranty Deed Leqal 97-1-1875 David and Carol Bottimer Thomas D. Burgess Lot 5,Blk 6 Port Pine Hts. 97-3-1785 Daniel and Barbara Cockerham Daniel and Barbara Cockerham Lot 19, 20 Square 2 Lot 12, Sq 33 Palm Villa 97-3-3120 Scott R. Jones Scott Jones Lot 4,Square 10 Palma Sola 3 Restrictive Covenants for Contiquous Lots Name on Permit # Aqenda Item Name on Rest. Covenant Leqal 97-1-1515 Douglas and Lynn Bell Douglas and Lynn Bell Lots 42,43 Block 2 98/70 Summer land Cove Isles 97-3-3059 Martha and Earl Richard Martha and Earl Richard Lots10,11,18, 19 Blk 13 Key Largo Park 97-3-2917 Patricia Whitehead Patricia and Darren Scott Lots 1,2,13, 14 Block 12 Key Largo Park Board granted approval of Revision No. 1 to Monroe County Public Facilities Capacity 1997. This revision incorporates changes in U.S.1 Level of Service Methodology and 1997 Level of Service and Reserve Capacity Table adopted by the Board on December 10, 1997. Board granted approval of a Memorandum of Understanding between Monroe County and Paul C. Kenson for the performance of special inspections at the Village of Hawk's Cay. Board granted approval of a Flood Variance Application for the Monroe County Key West Airport Fire Rescue Station for an enclosure below base flood elevation greater than 300 square feet for parking of fire vehicles. Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and the Florida Department of Environmental Protection. This Agreement places in writing that all funding that was originally provided in SP333 will be given to the County for completion of the projects specified therein. Board granted approval of the following three transfers of buildable lots to Monroe County by Warranty Deed and one covenant restricting the property owner to having only one dwelling unit on two, contiguous lots. Pursuant to Ordinance No. 016-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for quarters ending October 13, 1997 and January 13, 1998. 3 People Dedicatinq 3 Lots to Monroe county Name on Permit # Aqenda Item Name on Warranty Deed Leqal 98/71 97-1-1376 Hugo & Lisette Diaz Hugo & Lisette Diaz Lot 17,Blk 32 Palm Villa Big Pine Key 97-1-1409 Mike Sullivan Michael & Gloria Sullivan Lot 14,Blk 18 Palm Villa Big pine Key 97-1-1866 Gerold Krause Gerold.Krause Lot 14,Blk 19 Palm Villa Big Pine Key 1 Restrictive Covenant for Contiquous Lots Name on Permit # Aqenda Item Name on Rest. Covenant Leqal 97-3-2894 Jesus Monteagudo Jesus & Margarita Monteagudo Lot 36,Blk 3 Palma Sola MISCELLANEOUS Board adopted the following Resolution approving the allocation of FY 97-98 SHIP Funds in support of the City of Key West's Housing Grant Application under the Department of Community Affair's Small Cities, Community Development Block Grant Program. RESOLUTION NO. 121-1998 See Res. Book No. 137, which is incorporated herein by reference. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund in the total amount of $50,246.03: $6,713.00 7,500.00 5,000.00 2,052.00 8,080.00 3,500.25 Gym equipment for Vaca Key Gym. College Reach Out Program at Florida Keys Community College. Florida Keys Educational Foundation, Inc. Training by National Children's Advocacy Center. 4 New computers with Windows 95. Child safety, crime prevention and health related coloring books for distribution. 98/72 1,251.80 472.70 6,005.91 9,670.37 Equipment for SWAT Team. CMC Rescue Equipment for SWAT Team. 3 New Computers for Microsoft Word. Bomb Squad equipment. DIVISION OF MANAGEMENT SERVICES Board granted approval of revised procurement policies. COMMISSIONERS' ITEMS Board granted approval to name an unnamed road on Cudjoe Key "Raffy Road". Board granted approval of Commissioner Douglass' appointment of William "Bill" Quinn to the Florida Keys Council for the Handicapped for one year with term ending March 1999. Board granted approval for Commissioner Douglass to travel to Tampa, Florida on March 13, 1998 to attend the Governor's Leadership Seminar for Florida's Kids' Campaign Against Tobacco. Board granted approval of commissioner Harvey's re- appointment of Bruce Irwin to the Monroe County Marine and Port Advisory Committee. New term will expire in three years. Board granted approval of Mayor London's appointment of George Neugent to the Monroe County Marine and Port Advisory Committee. Board granted approval of Commissioner Freeman's appointment of Alexsandra Corsi Leto to the Human Services Advisory Board replacing Theresa Westerfield who resigned. COUNTY ADMINISTRATOR Board granted approval of the utilization from the FY 97 Contract with the Monroe Council of the Arts Corporation for use in a development of a Cultural Action Plan. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture 98/73 Expenditures: COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Guillermo Marcovici, in the amount of $450.00; Deborah Harrison, in the amount of $250.00. WITNESS COORDINATION, Travel and Per Diem, in the amount of $1,847.84. COURT ORDERED.'ATTpRNEY,'CONFLICT, Maria Bentancourt, in the amount of $881.25; Carol Ann Wolf, in the amount of $120.00. TRAVEL EXPENSES, Conflict Attorney Travel & Per Diem, in the amount of $888.44. COURT REPORTER SERVICES, Fred Jeske, in the amount of $1,093.50; Florida Keys reporting, in the amount of $4,503.30; Vicki Lynn Doty, in the amount of $535.50; Secretaries at Law, in the amount of $18.00; Associated Court reporters, in the amount of $1,989.50; Agren Reporting Video, Inc., in the amount of $127.16; Jane McGill, in the amount of $215.00; Julie Seward, in the amount of $25.00; Martin Leshaw, in the amount of $488.69; Connie Wade, in the amount of $54.34. COURT INTERPRETER, Mary Lou Waas, in the amount of $240.00; William Waddell, in the amount of $65.00; J Alayon-Forti, in the amount of $710.00; Grace Krulasik, in the amount of $50.00; Gilbert Mora, in the amount of $60.00; Mayda Maloney, in the amount of $375.00; sergio Alvarez, in the amount of $60.00; Jiri Dolezal, in the amount of $90.00; Jose Menendez, in the amount of $745.00. SHERIFF EXTRADITION, Richard D. Roth, in the amount of $4,091.46. MISCELLANEOUS EXPENSES ALL, Richard Wunsch, in the amount of $115.99; EDLE Enterprises, in the amount of $141.45. COUNTY CLERK Board approved the following Warrants: GENERAL REVENUE FUND (001), 301092-302720, in the amount of $7,621,444.13. Board approved the county Commission Meeting Minutes of January 14, 1998 and January 28, 1998 Board granted approval of the submission of an 98/74 application to the Florida Association of Counties tax exempted pooled commercial paper loan program for funding of the Clerk of Court's computer network system software and hardware for court applications. COUNTY ATTORNEY Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Mango 'Lane, AIKIA Chickasaw street, Eden pines Colony First Addition, Big pine Key. RESOLUTION NO. 122-1998 See Res. Book No. 137, which is incorporated herein by reference. Board granted approval to advertise an Ordinance amending Monroe County Code, section 6-31, stating that permits are not required for certain removal of exotic invasive vegetation, for the demolition of certain structures, for certain new construction, and certain home improvements; 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 and authorized execution of a Beneficial Use Determination for Ken Krantz, Applicant. Motion carried unanimously. COUNTY ADMINISTRATOR I COUNTY ATTORNEY County Attorney, James T. Hendrick discussed with the Board the approval to hold a special Board of County Commissioners' meeting on March 27, 1998 at 9:00 a.m. at the Marathon Government Center to proceed with the Transit Greenways Program and approval of the following: 1. Resolution approving agreement with the law firm of Gustafson, Tilton, Henning & Metzger, P.A. for $170,000 to identify periods of time of such work for payment from County funds and defer decision to form a transportation management association in connection with the Transit Greenways Program. 2. Engagement Letter with the law firm Gustafson, Tilton, Henning & Metzger, P.A. in connection with the Transit Greenways Program. 3. Project Budget for JPA between Monroe County and 98/75 FDOT for the Transit Greenways Program. The following individuals addressed the Board: Bob Schneider, representing the Big pine Key civic Association; Alicia Putney, Mick Putney, Eugene Shinkevich, representing the Florida Keys citizens' Coalition and Captain Mills. After Board discussion, motion was made by Commissioner Douglass and seconded by Commissioner Harvey granting approval to hold a special Boa.rd.. of .countycbmmissioners' meeting on March 27, 1998 at 9:00 A.M. at the Marathon Government Center to proceed with the Transit Greenways Program. 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. Motion was made by Commissioner Freeman and seconded by Mayor London approving the Resolution, Engagement Letter and Project Budget for Gustafson, Tilton, Henning & Metzger for $170,000 in connection with the Transit Greenways Program. Roll call vote was unanimous. RESOLUTION NO. 123-1998 See Res. Book No. 137 which is incorporated herein by reference. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance prohibiting parking of vehicles within the right-of-way of North and South Airport Drive, Summerland Key; Providing for posting; Providingvfor-penalties;-:Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for inclusion in the Code of Ordinances; and providing an effective date. Linda Yorde addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 007-1998 See Ord. Book No. 46 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Chapter 6 clarifying that contractor's examining Board is the Board which the County deems to be the REVISION 98/76 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. 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. 008-1998 See Ord. Book No. 46 which is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending section 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 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 date. There was no public input. Motion was made by Commissioner Douglass and seconded by Mayor London to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 009-1998 See Ord. Book No. 46 which is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS County Engineer, Dave Koppel and County Attorney, James T. Hendrick addressed the Board. After Board discussion, motion was made by Commissioner Freeman and seconded by Commissioner Harvey granting approval and authorizing execution of the following: Change Order No. 5 between Monroe County and D.L. Porter Construction, Inc., for the Key West International Airport Terminal Renovations in the increased amount of $35,743. Change Order No. 6 between Monroe County and D.L. Porter construction, Inc., for the Key West International Airport Terminal Renovations in the increased amount of $86,516. Change Order No. 2 between Monroe County and Professional Services Industries, Inc., to extend contract and to ~ approve proposal for testing and inspection services for the Key West International Airport Terminal Renovations, in an amount not 98/77 exceed $14,000. 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. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval to advertise for bids for the construction of bins and floor for the Key Largo Recycling building. Motion carried unanimously. catriona Birnie, representing the Upper Keys Youth Association - 4 H Club and Brent Robbins, representing the Boys and Girls Clubs of the Keys addressed the Board. After Board discussion, motion was made by Commissioner Reich and seconded by Commissioner Douglass to not fund the Upper Keys Youth Association. After further discussion, the motion was amended and seconded to have $23,000 appropriated to the Boys and Girls Clubs of the Keys. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Linda Yorde addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Douglass granting approval and authorizing execution of a Contract between Monroe County and the Lower Keys Chamber of Commerce which amends and extends existing contract for visitor Information Services. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Community Services Director, Peter Horton addressed the Board. After Board discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman granting approval to conduct a survey of County residents concerning the Monroe County Library System. Motion carried unanimously. Mr. Horton introduced Dr. Thompson R. Cummins Ph.D, Monroe County's new Library Director. Mr. Horton addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting REVISION 98/78 approval to purchase three (3) Ford Taurus automobiles as per adopted Fiscal Year '98 budget for Code Enforcement Department. Motion carried unanimously. Mr. Horton addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman granting approval to suspend certain requirements of the Marathon Airport Ground Transportation Resolution No. 330-1997. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Mr. Horton reported on the status of the negotiations with the Marathon Airport pilots Association concerning the proposed hangar development policy. CONSENT AGENDA I BULK APPROVALS Linda Yorde and Growth Management Director, Bob Herman addressed the Board. Motion was made by Mayor London and seconded by Commissioner Douglass granting approval and authorizing execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation, Contract No. AF541, for a Monroe County BicyclelPedestrian Public Awareness Plan. The Board also granted approval of a sole-source Contract retaining the University of Florida's Department of Urban and Regional Planning to develop public education and interagency management materials needed for the planning and promotion of the county's bicycle and pedestrian system. Motion carried unanimously. Mr. Herman addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to adopt the following Resolution ap~roving an exemption from the nonresidential permit allocation system pursuant to policy 101.3.4 of the Year 2010 Comprehensive Plan requested by the Marine Mammal Conservancy for property described as part of Lots 14 & 15, P.E. Jenkins Plat, section 22, Township 61 South, Range 39 East, Key Largo, Monroe County, Florida, Mile Marker 102.2. Motion carried unanimously. RESOLUTION NO. 123A-1998 ~ See Res. Book No. 137 which is incorporated herein by reference. GROWTH MANAGEMENT Mr. Herman informed the Board that the Department of Community Affairs will be presenting their Annual Report on April 14, 1998 to the Governor and Cabinet on the status of Monroe County's Area of Critical State Concern and Five Year Report. 98/79 Mr. Herman also informed the Board that he, the Mayor, the County Attorney and County Administrator will be travelling to Washington on March 23 and 24, 1998 and returning on the 25th to meet with the congressional Delegation for potential $52,000,000 in funding for wastewater. Mr. Herman discussed the status of the Federal Emergency Management Administration (FEMA) and the united states Fish and wildlife (USFWL) concerning any potential development that may have an impact on the 10 endangered species provided in the biological opinion by the USFWL. County Attorney, James T. Hendrick updated the Board on the following legal issues: Dowsett appeal; Hills/O'Daniel; Burnham; Abbott; DCAIMonroe County Vested Rights and Beneficial Use Hearings; Ambrose; Bowling; New Port Largo; and Vacation Rental Ordinance. Christine Stretesky, Assistant General Counsel with the Florida Department of Community Affairs and Captain Mills addressed the Board. MISCELLANEOUS Marine Resources Director, George Garrett introduced Rhonda Haag, Director of the Florida Keys Regional service Center with the South Florida Water Management District. Ms. Haag addressed the Board. The Board discussed the recommendations of the Marine and Port Advisory Committee concerning the development of an Ordinance regulating Personal Water Craft. The following individuals addressed the Board: Karen Lee, representing Save Our Waters coalition; Juanita Greene, representing the Isaac Walton League; Amy Knowles, representing Save Our Waters Coalition; Bob Schneider, representing the Big pine Key civic Association; EugeneShinkevichand David Holtz, representing the Marine and Port Advisory Committee. Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman to accept the recommendations of the Marine and Port Advisory Committee and direct the County Attorney to proceed with a draft Resolution concerning the regulation of personal watercraft for the Special Board of County Commissioner's meeting scheduled for March 27, 1998 at the Marathon Government Center. Roll call vote was unanimous. 98/80 MISCELLANEOUS I COMMISSIONERS' ITEMS Tim Bricker, President of the Key Largo Community Pool, Inc., and County Administrator, James Roberts addressed the Board concerning the Parks and Recreation Advisory Board's recommendation that the Board of County Commissioners' provide matching funds in the amount of $15,000 for architectural plans for the proposed Key Largo Community Pool at the Key Largo community Park site. The Board also discussed a letter from Mr. Bricker dated February.. 18 , 1998" concerning the Upper Keys Community Pool, Inc. After discussion, motion was made by Mayor London and seconded by Commissioner Harvey granting approval to provide matching funds in the amount of $15,000 for architectural plans; and at the next Board of County Commissioners' Meeting scheduled for May, 1998 in Key Largo, language be provided for a November referendum. Roll call vote was unanimous. GROWTH MANAGEMENT Growth Management Director, Bob Herman and County Attorney, James T. Hendrick addressed the Board concerning approval of a flood variance application for Dodge Lake Enterprises for a detached 1456 square foot garage below base flood elevation, for parking only, on property located on acreage in North Marathon Shores. The following individuals addressed the Board: Nicholas Mulick, representing Dodge Lake Enterprises, Donald Craig, Linda Yorde, William H. Brady, Jr., representing the Marathon Shores Neighborhood Association; George Neugent, Capt. Mills, Kirby Cay Scheimann, Marilyn Avery, Rose Germer and Bob Ernst, representing Neighbors for Clean Canals. After discussion, motion was made by Commissioner Douglass and seconded by Commissioner Freeman that the Board of County Commissioners find a substantial issue concerning principal use to which;this,garage'structure is, the variance at this point shall be continued - no permits issued - pending determination of what the principal use is; and direct Code Enforcement to determine if a principal violation does exist as alleged. Roll call vote was unanimous. Ken Williams, project Manager with CH2MHill updated the Board on the Monroe County Sanitary Wastewater Master Plan. Bob Ernst and Jack Wedge addressed the Board. No official action was taken. The Board discussed the following items: 98/81 Agenda item L.2 Resolution of the Local Citizens Task Force on Wastewater suggesting that the County establish a test area where ground and nearshore water quality and soil could be monitored before and after the installation of a wastewater collection, treatment, and disposal system. Agenda item L.3 Resolution of the Local Citizens Task Force on Wastewater recommending that the County comment on the current proposed changes to the Department of Health Rule regarding On-Site~'Sewage Treatment'and Disposal Systems (OSTDS) in the Keys. Agenda item L.4 Resolution of the Local citizens Task Force on Wastewater requesting that the Board of County Commissioners suspend the enforcement of Ordinance No. 003-1997 as it relates to any requirement to replace cesspits, taking enforcement action against those failing to respond to notices concerning the Ordinance, or permit filing fees as required to initiate compliance with the Ordinance. Agenda item L.5 Resolution of the Local citizens Task Force on Wastewater recommending that the Board of County Commissioners consider Rate of Growth Ordinance (ROGO) point allocation incentives for cesspit replacement. Agenda item L.6 Resolution of the Local citizens Task Force on Wastewater recommending that the Board of County Commissioners continue forward under Resolution No. 495-1997 and to consider any other reasonable source of funding to meet the County's obligations to improve water quality and the practices of wastewater treatment in the Keys. Agenda item L.7 Resolution of the Local citizens Task Force on Wastewater in recognition of the fact that cesspits need to be replaced. Agenda item L.8 Resolution of the Local citizens Task Force on Wastewater'recommending;,.that the Board of County Commissioners consider a one cent sales tax referendum to help offset the cost of replacing cesspits. Nick MUlick, Chairman of the Local citizens Task Force on Wastewater and Jack Wedge addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey concurring with Agenda item L.2 above. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman concurring with Agenda item L.3 above. 98/82 Motion carried unanimously. The Board took no official action on Agenda item L.4 above. Motion was made by Commissioner Harvey Commissioner Freeman concurring with Agenda item Motion carried unanimously. Motion was made by Commissioner Freeman Commissioner Douglass concurring with Agenda item Motion carried unanimously. and seconded by L.5 above. and seconded by L.6 above. and seconded by L.7 above. Motion was, made by. Commissioner Freeman Commissioner Douglass concurring with Agenda item Motion carried unanimously. The Board took no official action on Agenda L.8 above. COMMISSIONERS' ITEMS Motion was made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Resolution urging the continued appropriation of funding for land acquisition. Motion carried unanimously. RESOLUTION NO. 089-1998 See Res. Book No. 137 which is incorporated herein by reference. County Attorney, James T. Hendrick and Clerk of Court, Danny L. Kolhage addressed the Board. After discussion, motion was made by Commissioner Reich and seconded by Commissioner Freeman granting approval of funding in the amount of $22,000 of the Florida Association of Counties' Assessment for a state-wide drive for the passage of an amendment to Article V of the Constitution; and authorizing the advertising of an Ordinance to approve the expenditureif'required. Roll call vote was unanimous. commissioner Douglass and Mr. Hendrick discussed with the Board the Industrial Development Authority. The Board agreed to convene said item and declare funds to be surplus at the next Board of County Commissioners' meeting in Key West scheduled in April, 1998. COUNTY ADMINISTRATOR County Administrator, James Roberts addressed the 98/83 Board. Motion was made by Commissioner Reich and seconded by Commissioner Freeman granting conceptual approval of a license with the Department of the Navy for utilization of the Commissary (Old Gato Cigar Building) in Key West. Motion carried unanimously. COUNTY ATTORNEY County l\ttorney"James.T.' Hendrick informed the Board of a proposed Special Act "glitch bill" concerning the Village of Islands, Islamorada; Dowsett compliancelFlorida Keys Electric Company - Rule 11. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to re-open the Agenda in order to discuss Agenda item L.5 concerning a Resolution of the Local Citizens Task Force on Wastewater recommending that the Board of County Commissioners consider Rate of Growth Ordinance (ROGO) point allocation incentives for cesspit replacement. Motion carried unanimously. Growth Management Director, Bob Herman, addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman directing the Growth Management Director to draft a Resolution to include the 2 points for additional cesspit credits. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida Department of Community Affairs for review and comment a proposed amendment to the future traffic circulation map from two lanes to three lances for the segment of u.s. Highway One (ajkja State Road 5) through Big Coppitt Key, Florida. Christine Stretesky, Assistant General Counsel with the Florida Department of Community Affairs. Motion was made by Commissioner Freeman and seconded by Commissioner Harvey to adopt tliefol,lowing ,Resolution. Motion carried unanimously. RESOLUTION NO. 124-1998 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 a proposed amendment to Policy 301.7.3 of the Monroe County Year 2010 Comprehensive Plan for the purpose of allowing two lane segments of U.S. Highway One to be widened to three lanes for the addition of a continuous two-way turn lane when a demonstrated public safety risk exists and the 98/84 impacts on environmental resources are minimal. There was no public input. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the fOllowing Resolution. Motion carried unanimously. RESOLUTION NO. 125-1998 See Res. Book No. 137 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution transm;tting.to.the Florida Department of Community Affairs for review and comment a proposed amendment to Policies 101.4.1, 101.4.2, 101.4.3, and 101.4.4 of the Monroe County Year 2010 Comprehensive Plan to allow certain lawfully existing nonresidential uses in residential future land use categories. The fOllowing individuals addressed the Board: Christine Stretesky, Assistant General Counsel with the Florida Department of Community Affairs; Jill Patterson, representing the Upper Keys citizens Association and Susan V. Sprunt, representing the Florida Keys Native Nursery, Inc. Motion was made by Commissioner Reich and seconded by Commissioner Douglass to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 126-1998 See Res. Book No. 137 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution to transmit to the Florida Department of Community Affairs proposed amendments to the Monroe County Year 2010 Comprehensive Plan as follows: Amendments to Policies 202.8.2, 203.1.3, 203.2.1, 203.2.2, 204.2.1, 204.2.2, 204.2.3, 204.2.6, 212.2.3, 212.5.5, and 212.5.6, which are related to the construction of docks, the location of mooring sites, dredging, the placement of structures in wetlands, shoreline stabilization projects, beach renourishment, and development within wetland and shoreline setbacks. The proposed changes would allow some relaxation of the restrictions contained in the existing policies while maintaining or increasing the protection of natural resources. Growthf;Management.Director, Bob- Herman and Director of Environmental Resources, Ross Alliston addressed the Board. The Board accepted public input with the following individuals addressing the Board: Franklin Greenman, Christine Stretesky, Assistant General Counsel with the Florida Department of Community Affairs; and Bill Smith, representing the Monroe County Contractors Association. After Board discussion, motion was made by commissioner Douglass and seconded by Commissioner Reich to delete the following. Said amendment as follows: REVISION 98/85 Page 6 of 11, Paragraph 3 - Delete the words "For every lot. two hundred (200) square feet of the shoreline setback may be utilized for decks. non- enclosed gazebos. pools. and/or spas. An additional one (1) square foot area shall be allowed for every linear foot of shoreline frontaqe in excess of one hundred (100) feet." in the paragraph. Page 9 of 11, Paragraph 12. a - Delete the words "is * less" at the end of the 1st sentence and replace with the words "results in the smaller total setback". After further discussion, motion was made by Commissioner Freeman to amend the above motion to also delete the following: Page 8 of 11, Paragraph 10 Boat Shelters a. The roof and supportinq members of a boat shelter constructed in compliance with section 9.5-345 of the Land Development Regulations. as amended. may extend two (2) feet into the shoreline setback around the ~erimeter of a boat basin or ramp. without such area beinq subtracted from the total area allowed for all structures in the shoreline setback. Motion died for lack of a second. Roll call vote was then taken on the orignal motion to adopt the Resolution, as amended, with the following results: commissioner Douglass Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London Yes Motion carried. RESOLUTION NO. 127-1998 See Res. Book No. 137 which is incorporated herein by reference. A Public Hearing was held concerning adoption of 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 98/86 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. Captain Tina Brown, representing Save-A-Turtle and Director of Environmental Resources, Ross Alliston addressed the Board. Motion was made by Commissioner Douglass and seconded by Commissioner Reich to, adopt the Ordinance. Motion carried unanimously. After further discussion, motion was made by Commissioner Douglass and seconded by Commissioner Harvey to re- open the agenda. Motion carried unanimously. Motion was then made by Commissioner Douglass and seconded by Commissioner Freeman to adopt the following Ordinance as amended. Said amendment as follows: Page 6 of 8, Section 13-65. Standards for mechanical beach cleaning. (5) Delete the words "in accordance with section 8-30 (II) Garbage, Trash and Refuse" and "Special conditions for state- sanctioned scientific studies may be approved by the Director of Environmental Resources." in the paragraph. ORDINANCE NO. 010-1998 See Ord. Book No. 46 which is incorporated herein by reference. Motion carried unanimously. A Public Hearing was held concerning adoption of a Resolution to consider a Budget Amendment to the Supplement to the General Fund - Library, 1002. Linda Yorde addressed the Board. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 128-1998 See Res. Book No. 137 which is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution for the purpose of amending the Sheriff's Budget. Amendment 1101 - Fine & Forfeiture Fund. Sheriff Richard D. Roth addressed the Board. Motion was made by Commissioner Harvey and seconded by Commissioner Freeman to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 129-1998 See Res. Book No. 137 which is incorporated herein by reference. 98/87 There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage Clerk of circuit Court and ex officio Clerk to the Board of County Commissioners ~-L-l Q, ~~~ Isabel C. DeSantis, Deputy Clerk