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12/09/1998 Regular - 98/358 MINUTES OP THE MONROE COUNTY BOARD OP COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 9, 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 George Neugent, Commissioner Mary Kay Reich, Commissioner Nora Williams and Mayor Pro Tem Shirley Freeman. Mayor Wilhelmina Harvey was absent. 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 Neugent and seconded by Mayor Pro Tem Freeman to approve all additions, corrections and deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Employee of the Month Award was presented to Ms. Lisa Wishe, Assistant Administrator, Cooperative Extension Service, Community Services Division. Mayor Pro Tem Freeman presented Commissioner Nora Williams with an Honorary Conch certificate. BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Neugent to approve the fOllowing items by unanimous consent: ,- Board granted approval of amended Exhibit II for Keys Sanitary Service and Mid-Keys Waste, Inc., to correct Scriveners' ~ 98/359 errors. Board ratified a Vegetative Waste Incineration Agreement Addendum signed by Mayor Harvey between Monroe County and Rudy Krause and Sons of Florida, Inc. Board ratified a Vegetative Waste Incineration Agreement Addendum signed by Mayor Harvey between Monroe County and Toppino's, Inc. Board ratified a Business Lease for rental of property for storage of hurricane debris signed by Mayor London between Monroe County and Toppino's, Inc., and approval of an extension of same for three (3) additional terms as outlined in Item 14 of the Lease. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 1). RESOLUTION NO. 487-1998 See Res. Book No. 140, which is incorporated herein by reference. ~ Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 2). RESOLUTION NO. 488-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 3). RESOLUTION NO. 489-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 4). RESOLUTION NO. 490-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 413-1997 (Sch. Item 5). RESOLUTION NO. 491-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the ~ Receipt of Unanticipated Funds (Sch. Item 6). RESOLUTION NO. 492-1998 - 98/360 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 7). RESOLUTION NO. 493-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 8). RESOLUTION NO. 494-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 9). RESOLUTION NO. 495-1998 See Res. Book No. 140, which is incorporated herein by reference. - Board adopted the fOllowing Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 10). RESOLUTION NO. 496-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 11). RESOLUTION NO. 497-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 12). RESOLUTION NO. 498-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 13). RESOLUTION NO. 499-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 14). - RESOLUTION NO. 500-1998 See Res. Book No. 140, which is incorporated herein by reference. ~ 98/361 Board adopted the following Resolution Amending Resolution No. 237-1998 (Sch. Item 15). RESOLUTION NO. 501-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 16). RESOLUTION NO. 502-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 17). RESOLUTION NO. 503-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 18). ~ RESOLUTION NO. 504-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 19). RESOLUTION NO. 505-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 20). RESOLUTION NO. 506-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Transfer of Funds (Sch. Item 21). RESOLUTION NO. 507-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Sch. Item 22). RESOLUTION NO. 508-1998 See Res. Book No. 140, which is incorporated herein by reference. ~ Board granted approval and authorized execution of a Business Lease Agreement between Monroe County and Ships Way, - 98/362 Inc., for office space for Commissioner Neugent. Board granted approval and authorized execution of Modification #2 to Contractual Services Agreement between Monroe County and the Florida Department of Community Affairs, Agreement #98-LM-4H-1554-01-044, concerning Local Mitigation strategies for the purpose of delaying the due dates of the first and second contract period deliverables. Board granted approval and authorized execution of a Grant Agreement between Monroe County and Florida Department of Community Affairs, Contract No. 99CP-05-11-54-01-044, concerning an Emergency Management Base Grant (9G-19 Rule) in the amount of $99,274.00. - Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the District Board of Trustees of Florida Keys Community College concerning EMS training to June 30, 1999. Board granted approval to waive Firefighter I Trainees from the Educational Reimbursement Policy which requires an employee to be Career Service prior to being considered for educational reimbursement, for specifically, the Emergency Medical Technician training course. Board granted approval and authorized execution of a Community Training Center Agreement between Monroe County and the American Heart Association, for Basic Life Support (BLS) courses, implementing the new Monroe County Community Training Center, for a period of one year beginning 12/09/1998 through 12/09/1999. Board granted approval and authorized execution of a Community Training Center Agreement between Monroe County and the American Heart Association, for Advanced Life Support (ALS) courses, implementing the new Monroe County Community Training Center, for a period of one year beginning 12/9/1998 through 12/09/99. Board granted approval and authorized execution of a License Agreement between Monroe County and Nextel South Corporation, concerning use of a designated portion of the rooftop and space on the new Tower at 500 Whitehead Street in Key West. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and GA Food Service, ._ Inc., to renew the contract for one additional year (January 1, 1999 through December 31, 1999). ,-. 98/363 Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and GA Food Service, to renew the contract for Bayshore Manor for one additional year (1/1/99 through 12/31/99). Board granted approval to continue firefighting services for the Marathon Airport on a month-to-month basis, pending negotiation and approval of a Renewal Agreement between Monroe County and Marathon Volunteer Fire and Rescue. Board granted approval and authorized execution of an Agreement between Monroe County and Overseas Janitorial Services, for weekend and holiday cleaning at the Key West International Airport. Board granted approval to terminate Contract No. 516511 between Monroe County and Brink's, Inc., and granted approval and authorized execution of a new Contract between Monroe County and Brink's, Inc., for the Card Sound Toll Facility. - Board granted approval to Advertise for Bids for fuel supplier to provide diesel fuel and unleaded gasoline to Monroe County and the Monroe County School Board fueling facilities. Board granted approval to purchase and replace vehicles from several awarded Florida State contract dealers. Board granted approval to purchase and replace vehicles from several awarded Florida Sheriff Association and Florida Association of Counties contract dealers. Board granted approval and authorized execution of a Residential Lease For Law Enforcement Officer between Monroe County and Deputy Linda Kohout, to reside in a trailer located at Sombrero Beach, for an amount of $204.06 per month rent plus $195.94 for water, sewer/septic, electricity and solid waste collection service. Board authorized Marathon Business & Professional Women's Club to close and utilize Sombrero Boulevard, Copa D'Ora, Santa Barbara, Ocotillo Lane and Saguaro Lane on January 17, 1999, from 8:55 a.m. to 10:00 a.m. for their fifth annual "New Year's Resolution" 5K Run. Board granted approval and authorized execution of a contract between Monroe County and Professional Services Industries, Inc., to provide professional threshold inspection, _ quality control and material testing, and geotechnical/subsurface investigation services for capital improvement projects. ~ 98/364 Board granted Award of Bid and a contract between Monroe County and H & purchase of asphalt at a fixed price, in ton, not to exceed $58,750.00, at the NW Plant. authorized execution of R Paving, Inc., for the the amount of $23.50 per 110th Avenue Miami Board granted Award of Bid and authorized execution of a contract between Monroe County and Pavex Corporation for the purchase of asphalt at a fixed price, in the amount of $44.60 per ton, not to exceed $111,500.00, at the Rockland Key plant. Board granted approval and authorized execution of a Contract between Monroe County and Bob Hilson Roofing & Company for the Marathon library roof, pending approval from Risk Management, OMB, and the County Attorney. Board granted approval and authorized execution of an Amendment to Professional Services Contract between Monroe County and KPMG Peat Marwick Natural Disaster Advisory Services, to include cost recovery management for Tropical Storm Mitch and Hurricane Georges. ~ Board granted approval and authorized execution of a Project Agreement between Monroe County and Florida Department of Environmental Protection, amending DEP Contract No. C8368, to provide for a time extension to complete improvements to Sombrero Beach. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add-on 1). RESOLUTION NO. 509-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add-on 2). RESOLUTION NO. 510-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add-on 3). RESOLUTION NO. 511-1998 See Res. Book No. 140, which is incorporated herein by reference. ~ Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add-on 4). RESOLUTION NO. 512-1998 ~ 98/365 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 100-1998 (Add-on 5). RESOLUTION NO. 513-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 447-1998 (Add-on 6). RESOLUTION NO. 514-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (Add-on 7). RESOLUTION NO. 515-1998 See Res. Book No. 140, which is incorporated herein by reference. ~ Board granted approval and authorized execution of a Contract Agreement between Monroe County and Diamond Detective Agency, Inc., for security patrols and services for the Duck Key Security District. TOURIST DEVELOPMENT COUNCIL Board granted approval to advertise a Request for Proposals for Destination and Turn Key events applications. Board granted approval to advertise a Request for Proposals soliciting bricks and mortar/capital related projects as outlined in F.S. 125.0104 in Key West, Lower Keys, Marathon, Islamorada and Key Largo. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 516-1998 See Res. Book No. 140, which is incorporated herein by reference. Board granted approval and authorized execution of a Lease Agreement between Monroe County and C.B. Schmitt Real Estate Company, to lease office space for the Tourist Development Council. ~ Board granted approval of a date correction to read April 16-18, 1999 instead of May 28-30, 1999, for a funding agreement with Holiday Isle Resort & Marina, covering the 15th -- 98/366 Annual Holiday Isle Dolphin Tournament in an amount not to exceed $3,000.00, FY 99, Two Penny, allocated under the Fishing Umbrella. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 517-1998 See Res. Book No. 140, which is incorporated herein by reference. Board granted approval of a date correction to read September 22-24, 1999, instead of September 21-23,1999, for a funding agreement with Redbone, Inc., covering the Little Palm Island Grand Slam, in an amount not to exceed $6,000.00, FY 99, Two Penny, allocated under the Fishing Umbrella. CONSENT AGENDA/BULK APPROVALS -- Board granted approval and authorized execution of a Service Agreement between Monroe County and Harward Technical Enterprises, Inc., (HTE) for standard software service on the AS/400 applications for a period of 12 months, November 1, 1998 through October 31, 1999. Board granted approval of the conveyance of State-owned property within the boundaries of Harry Harris Park to Monroe County. Board adopted the following Resolution aDDrovina an exemption from the Nonresidential Permit Allocation System pursuant to Policy 101.3.4 of the Year 2010 Comprehensive Plan for st. Justin Martyr Catholic Church to increase their previously exempted education center from 5,000 square feet to 6,500 square feet, at 105500 Overseas Highway, on property described as part of Lot 19 and Lot 20, Island of Key Largo, Monroe County, Mile Marker 105. RESOLUTION NO. 518-1998 See Res. Book No. 140, which is incorporated herein by reference. ,-- Board granted approval of a Flood Variance Application submitted by Franko Michelini for a detached 884 square foot two car garage below base flood elevation for parking only on property located on Lot 2, Block 16, Pirates Cove, Key Largo. Board adopted the following Resolution aDDrovina the exchange of Lot 10, Block 6, Torch Key Estates for Lot 8, Block 6, Torch Key Estates, Little Torch Key, Mile Marker 29.6, in order to satisfy the Restrictive Covenant Agreement made with - 98/367 Monroe County which gave the applicant 3 points towards the ROGO Scoring System. RESOLUTION NO. 519-1998 See Res. Book No. 140, which is incorporated herein by reference. Board granted approval for a transfer of four buildable lots to Monroe County by Warranty Deed and one covenant restricting the property owner to having one dwelling unit on two contiguous lots. Pursuant to Ordinance No. 16-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for the year ending July 13, 1998. 1 RESTRICTIVE COVENANT Permit Number Name on Aqenda Item Name on Deed Restriction Legal Description 98-3-2520 Sean Heffron Sean & Sandra Heffron Lots 17 & 18, Blk 2,Largo Sound Park, Key Largo - 1 PERSON DEDICATING 4 LOTS TO MONROE COUNTY Permit Number Name on Aqenda Item Name on Warranty Deed Legal Description 98-1-0821 Arnold S.Levine (Trustee) Arnold S. Levine Lots 5,6,7,23, Blk 2,Kinercha SID, Big pine Board granted approval of the transfer of three buildable lots to Monroe County by Warranty Deed. Pursuant to Ordinance No. 16-1992, these documents have been filed by the applicants receiving dwelling unit allocation awards for the year ending July 13, 1998. 1 PERSON DEDICATING 3 LOTS TO MONROE COUNTY Permit Number Name on Aqenda Item Name on Warranty Deed Legal Description 98-3-1819 Jack Kaplan Dr. Jack Kaplan Lot 17,Blk 18, Lot 19, Blk 10, Palm Villa SID Big pine Key Lot 11,Blk 21, Port pine Hgts, Big pine Key - 98-3-1819 Jack Kaplan Dr. Jack Kaplan R e. V /.s J' (J f\ -- 98/368 GROWTH MANAGEMENT Board granted approval and authorized execution of a $100,000 Matching Grant Agreement between Monroe County and the Florida Department of Community Affairs to provide funding for cesspit replacement. MONROE COUNTY JUDICIAL SERVICES Board granted approval to accept Local Law Enforcement Block Grant Award in the amount of $114,311.00 to support juvenile drug courts throughout the County. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of dispositions of inventory for the months of October and November 1998, FY 98/99. Said inventory is incorporated herein by reference. Board granted approval of a Request For Expenditures from the Law Enforcement Trust Fund: - $ 5,000.00 $ 2,500.00 Fund LVA Literacy in Corrections Program. $22,000.00 Educate sports and commercial fishermen on laws regarding lobster diving. Annual funding for the Explorer Program and quarterly delegate trips. SEE PAGE 98/368A * COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the late Henry Drettmann. RESOLUTION NO. 520-1998 See Res. Book No. 140, which is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Harold "Hal" Walsh, Jr. RESOLUTION NO. 521-1998 See Res. Book No. 140, which is incorporated herein by reference. -- Board granted approval of the Elected Official Bond for Commissioner George Neugent in the amount of $2,000.00 to expire November 18, 2002. -- $10,000 $ 5,000 $5,000 $10,000 $ 5,000 $35,052 -- $153,750 $253,302 -- 98/368A Fund Boys and Girls Club after school programs on a countywide basis PACE Center for girls to assist in acquisition of computer equipment The Salvation Army to purchase toys for needy children in Monroe County Wesley House to support program of subsidizing daycare for young children Cost of feed and veterinary care for birds and animals at the Animal Farm adjacent to the Detention Center Cost of three pairs of night vision goggles for helicopter crew Support participation in the IMPACT Task Force Total amount - 98/369 Board granted approval of Commissioner Neugent's appointment of Paul Koisch to the Marine and Port Advisory committee, fulfilling the term of Commissioner Neugent. Term to expire April 2001. Board granted approval of the Elected Official Bond for Commissioner Nora Williams to expire November 18, 2002. Board granted approval of Commissioner williams appointment of Sherry Carpenter to the Commission on the Status of Women, replacing Patty DeMoranville. Term to expire November 2002. Board granted approval of Commissioner williams appointment of Shelley Francis to the Commission on the Status of Women, replacing vi Yost. Term to expire November 2002. Board granted approval of Commissioner Williams appointment of Joan B. Mowery to the Commission on the Status of Women, replacing Estelle Incociati. Term to expire November 2002. - Board granted approval of Commissioner Reich's appointment of Donald Bock to the Upper Keys Health Care Taxing District Advisory Board, replacing Joey Elam who resigned. COUNTY ADMINISTRATOR Board granted approval of a Public Service Bond for Richard Rudell, Monroe County Mosquito Control. Board granted approval of a Public Service Bond for Charles William Langstaff, Monroe County Mosquito Control. COUNTY CLERK FINES AND FORFEITURES Board approved the following Fine and Forfeiture Expenditures: - COURT REPORTER SERVICES, Amy Landry, in the amount of $45.00; Associated Court Reporters, in the amount of $2,308.00; Florida Keys Reporting, in the amount of $2,000.50; Fred W. Jeske, in the amount of $1,768.50; Suzanne Ex, in the amount of - 98/370 $399.25; Vicky Lynn Doty, in the amount of $616.50. COURT INTERPRETERS, Estrella Garcia, in the amount of $225.00; Mary Lou Waas, in the amount of $120.00; Rachael Rademaker, in the amount of $40.00; Sergio Alvarez, in the amount of $284.84; William Waddell, in the amount of $240.00. OTHER CIRCUIT COURT COSTS, Jerry Pita, in the amount of $106.62; Key West Travel, in the amount of $1,117.43; Richard Wunsch, in the amount of $494.30; Roland Falcon, in the amount of $27.00.. EXTRADITION, Richard D. Roth, Sheriff of Monroe County, in the amount of $787.19. WITNESS COORDINATION, Witness Travel & Per Diem, in the amount of $5,539.05. COUNTY CLERK - Board approved the following Warrants: GENERAL REVENUE FUND (001), #000814-002018, in the amount of $7,271,311.43. Board approved the County Commission Meeting Minutes of October 21 and October 30, 1998. COUNTY ATTORNEY Board granted approval to advertise an Ordinance providing for a procedure and criteria governing Change Orders to contracts for the construction of capital improvements; providing for severability; providing for the repeal of Ordinances inconsistent herewith; providing for inclusion in the Code of Ordinances; providing for an effective date. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner williams and seconded by Mayor Pro Tem Freeman granting approval and authorizing - execution of Renewal Endorsements for the County's Excess Loss and Group Life Insurance Policies with John Alden Life Insurance Company (Policy Rider, Amendment No. 19 and Policy Amendment No. - ~e.vis\on 98/371 6). Motion carried unanimously. County Administrator James Roberts discussed with the Board approval of a Lease Agreement between Monroe County and the Florida Keys Outreach Coalition to provide office space for the non-profit organization, in the amount of $100 per month for utilities consumption. Pat Valerga, representing the Florida Keys Outreach Coalition addressed the Board. Motion was made by Commissioner Neugent and seconded by Mayor Pro Tem Freeman granting approval of the item. Roll call vote was taken with the following results: commissioner Neugent Yes Commissioner Reich No Commissioner williams Yes Mayor Pro Tem Freeman Yes Motion carried. - County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner williams granting approval of the Report on Change Orders approved by the County Administrator for construction project contracts in amounts not to exceed $25,000 or 5% of the original contract price. Motion carried unanimously. Mr. Koppel addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner williams granting approval to terminate the Contract with T.P.S., Inc. and enter into a Contract with u.s. Environmental Group, Inc., for the Monroe County Fuel Tank Replacement. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval to remove remaining picnic shelter at Sombrero Beach. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval of the top ranked Architect/Engineer firm for general A/E services and authorization to negotiate a Contract with Bender & Associates ~ Architects, P.A., and William P. Horn, Architects, P.A. Motion carried unanimously. SOLID WASTE MANAGEMENT - Solid Waste Director Clark Lake discussed efforts by the Florida Department of Environmental Protection pertaining to hazardous waste collection. Mr. Lake announced the following dates for hazardous waste collection sites at no charge: ~ 98/372 Wednesday, December 9, 1998 in Key Largo at Friendship Park between the hours of 9:00 A.M. - 3:00 P.M. Friday, December 11, 1998 in Key West at East Martello Towers between the hours of 9:00 A.M. - 3:00 P.M. Saturday, December 12, 1998 in Marathon at the Marathon Government Center between the hours of 9:00 A.M. - 3:00 P.M. Mr. Lake informed the Board that the recycling program located at Owl Food Store on Cudjoe Key will end on December 31, 1998 and will then be located at the Cudjoe Transfer station. DIVISION OF COMMUNITY SERVICES ~ Community Services Director Peter Horton informed the Board that the Department of Community Affairs had issued its' Final Order concerning the Vacation Rental Ordinance. Mr. Horton discussed with the Board upcoming events to be scheduled at the Marathon Airport in 1999. Mr. Horton also discussed approval of the plan for the Runway and Taxiway Lighting Emergency Rehabilitation Project at the Key West International Airport. Mr. Horton advised the Board of the details of the Tentative Bid & Award Schedule. Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval of the plan for emergency repair of the runway and taxiway lighting system at Key West International Airport, and approval for the Mayor to execute the construction contract upon legal review and approval. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning the approval of a Development Agreement between Monroe County and Charles River Laboratories regarding Key Lois and Racoon Key. Acting Growth Management Director Timothy McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Attorney Bob Ruddy, representing Charles River Laboratories; Attorney Lee Rohe, representing the Florida Department of Community Affairs; Alice Putney, representing the ~ Environmental Land Use Law Center - (Attorney Richard Grosso); and Debra Harrison, representing the World wildlife Fund. After Board discussion, motion was made by Commissioner williams and Re..vi~\D~ - 98/373 seconded by Commissioner Neugent to deny the Development Agreement and have the Department of Community Affairs take over this matter and come down like the Wrath of God as they are so ~ prone to do and put an end to this nonsense as quickly as possible for all of us. Roll call vote was taken with the following results: commissioner Neugent Yes Commissioner Reich No Commissioner Williams Yes Mayor Pro Tem Freeman Yes Motion carried. PUBLIC HEARING - INDUSTRIAL DEVELOPMENT AUTHORITY The Board of County Commissioners adjourned and reconvened as the Industrial Development Authority. - County Administrator James Roberts addressed the Board. The Board proceeded to ballot on the selection of a Chairperson for the Industrial Development Authority. Commissioner Williams nominated Mayor Pro Tern Freeman as Chairperson. Mayor Pro Tem Freeman nominated Commissioner Reich as Vice Chairperson. Mayor Pro Tern Freeman declared that she had financial interest in this matter and recused herself from participation. A Public Hearing was held concerning adoption of an Inducement Resolution of the Monroe County Industrial Development Authority regarding the official action of the authority with respect to the proposed issuance by the authority of tax-exempt private activity revenue bonds in an initial aggregate principal amount not to exceed $8,000,000 for the principal purpose of financing certain capital improvement costs incurred or to be incurred by Key West Brewery, Inc. in connection with the acquisition, construction and equipping of a brewery facility as described herein; authorizing the execution and delivery of a Memorandum of Agreement by and between the Authority and the Corporation; and providing for related matters. Lavon Wisher, representing Public Financial Management, the County's Financial Advisor and Attorney steve Miller, representing the law firm of Nabors, Giblin & Nickerson addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Willams to adopt the following Resolution. Motion carried unanimously with Mayor Pro Tem Freeman abstaining. -- INDUSTRIAL DEVELOPMENT AUTHORITY RESOLUTION NO. 522-1998 See Res. Book No. 140 which is incorporated herein by reference. ~ ~ 98/374 DIVISION OF PUBLIC SAFETY Public Safety Director Reggie Paros discussed with the Board status of the Length of Service Awards Program. Mr. Roberts discussed with the Board the position previously occupied by the Director of the Upper Keys Trauma District, Ms. Elaine Gorman. GROWTH MANAGEMENT Acting Growth Management Director Tim McGarry informed the Board that the final day for waiving of permit fees as a result of Hurricane Georges and Tropical Storm Mitch is December 18, 1998. ~ Mr. McGarry advised the Board that at the Board meeting scheduled for January, 1999, seven (7) Comprehensive Plan Land Use Amendment Public Hearings will take place. Mr. McGarry also advised the Board that Staff was in the process of preparing policies and procedures for a Fee Schedule concerning the Vacation Rental Ordinance for approval at the January 13, 1999 Board meeting. Monroe County Stormwater Project Manager Robin Dye updated the Board on the stormwater master plan project. Director of Environmental Resources Ross Alliston addressed the Board concerning the selection of two citizens from Big pine Key and/or No Name Keys to serve on the Coordinating Committee that will select and manage a consultant who will develop a Habitat Conservation Plan (HCP) for Big Pine Key and No Name Keys. Motion was made by Commissioner Reich selecting Jeanne Somma and James D. Cameron. Motion died for lack of a second. Motion was then made by Commissioner Williams and seconded by Commissioner Neugent selecting Alicia Roemmele-Putney and James D. Cameron. Roll call vote was unanimous. MONROE COUNTY JUDICIAL SERVICES ~ Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval and authorizing execution of a Grant-in-Aid Agreement for Establishment of a civil Traffic Hearing Officer Program in Monroe County. Motion carried unanimously. ~ 98/375 COMMISSIONERS' ITEMS Mayor Pro Tem Freeman discussed with the Board establishing a Task Force on Affordable Housing and also reported to the Board on the Monroe County Emergency Affordable Housing Meeting held December 7, 1998 by state Senator Daryl Jones and Representative Ken Sorenson. Senator Daryl Jones' Aide, Sheila Chamberlain addressed the Board. Motion was made by Mayor Pro Tem Freeman and seconded by Commissioner Williams offering Monroe County as a full partner in the formation of the Task Force with the County Administrator representing the County. Roll call vote was unanimous. Ms. Chamberlain also discussed the availability of trailers for temporary housing as a result of Hurricane Georges. * * * * * DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS -- The Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Mayor Pro Tem Shirley Freeman, Commissioner Art French, Commissioner George Neugent, Commissioner Nora Williams, and Chairperson Yvonne Harper. Public Safety Director, Reggie Paros addressed the Board. Motion was made by Mayor Pro Tem Freeman and seconded by Commissioner Williams to add to the Agenda a Resolution of the Board of Governors of the Lower and Middle Keys Fire and Ambulance District of Monroe County, Florida authorizing a lump years of service award to certain eligible volunteer fire fighters whom each have provided at lease ten (10) years of fire, rescue, and emergency medical services to the residents and visitors of Monroe County, Florida, and whom each have reached the age of sixty (60). Motion carried unanimously. - County Attorney James T. Hendrick; Clerk of Court Danny L. Kolhage; and County Administrator James Roberts informed the Board that an emergency Ordinance would have to be adopted for this form of proceedings. After Board discussion, motion was made by Mayor Pro Tem Freeman and seconded by Commissioner French declaring that an emergency exists and waiving notice requirements by a four-fifths vote pursuant to Section 125.66 (3) of the Florida Statutes. Roll call vote was unanimous. There was no public input. Motion was made by Mayor Pro Tem Freeman and seconded - 98/376 by Commissioner French to adopt the following Ordinance of the Board of Governors of the Lower and Middle Keys Fire and Ambulance District of Monroe County, Florida, waiving a notice by a four-fifths vote; Authorizing a lump sum years of service award to certain eligible volunteer fire fighters whom each have provided at least ten (10) years of fire, rescue and emergency medical services to the residents and visitors of Monroe County and whom each have reached the age of sixty; 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. Roll call vote was unanimous. ORDINANCE NO. 041 -1998 See Ord. Book No. 49 which is incorporated herein by reference. Mr. Paros also updated the Board on the status of the implementation of the combined fire services and the Crawl Key Public Safety Training Facility. - Motion was made by Commissioner French and seconded by Commissioner Williams granting approval of a one time special use ambulance rate for providing ambulance transport between old and new Mariners Hospital at the District cost of $52.73 an hour per ambulance including minimum. Roll call vote was unanimous. Motion was made by Commissioner Williams and seconded by Commissioner French selecting Commissioner George Neugent as Vice Chairperson for the Lower and Middle Keys Fire and Ambulance District Board. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * The Board of County Commissioners reconvened with all Commissioners present. Mr. Roberts informed the Board that Mayor Harvey had phoned in and mentioned that she is feeling much better and was watChing today's meeting from her home. ,-, State Senator Daryl Jones' Aide, Sheila Chamberlain announced to the Board that she had contacted the Director of Emergency Management, Ms. Diana Wright in Tallahassee and was informed that the list of members to be appointed to the ~ 98/377 Affordable Housing Task Force would be forthcoming very shortly. LAND AUTHORITY SITTING AS COUNTY COMMISSION Executive Director of the Monroe County Land Authority, Mark Rosch addressed the Board. Motion was made by Commissioner williams and seconded by Commissioner Neugent granting approval and authorizing execution of an Agreement for the Purchase of Lands between Monroe County and the Monroe County Comprehensive Plan Land Authority in the amount of $318,204.43. (See Attachment A of purchase contract which is incorporated herein by reference). Motion carried unanimously. Mr. Rosch addressed the Board concerning the document entitled STATUS OF FCT ROGO GRANT - 12/8/98. Motion was made by Commissioner Williams and seconded by Commissioner Neugent authorizing Staff to close on the Drallow 29 Ltd/Wollard transaction if clean-up is completed by December 11, 1998. Roll call vote was unanimous. ~ Mr. Rosch also discussed MCLA Batch #5 Pre- acquisitions. Motion was made by Commissioner Neugent and seconded by Commissioner williams authorizing Staff to refund any unused portion to the FCT and the MCLA pursuant to grant conditions. Roll call vote was unanimous. DIVISION OF PUBLIC WORKS County Engineer Dave Koppel introduced Bert Bender of Bender & Associates Architects who made a presentation to the Board concerning the site plan for the Marathon Community Park & Marina. Kirby Cay Scheimann, representing the Marathon Economic Development Council addressed the Board. Dancers from the Island Dance Connection performed to the song Rockin Around the Christmas Tree as a thank you to Staff for all their hard work and commitment in the development of the Marathon Community Park & Marina. Kelly and Patrick McHugh, representing Pat and Kelly's Marina; County Engineer Dave Koppel and County Administrator James Roberts addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Neugent requesting the County Administrator and a representative of the Marathon Economic Development Council discuss with Pat & Kelly of Pat & Kelly's Marina a time frame for vacating of the premises. Roll call vote was unanimous. ~ Motion was made by Commissioner Williams and seconded by Commissioner Reich accepting the site plan for the Marathon Community Park & Marina and granted approval to proceed with the ~ 98/378 preparation of construction plans and specifications. Roll call vote was unanimous. COMMISSIONERS' ITEMS David Schechter of Tropical Enhanced Technologies and Eric Kash, CEO of Organica made a presentation to the Board on a sewage solution for the Keys. GROWTH MANAGEMENT Ken Williams, Consulting Engineer and Wendy Nero representing CH2MHill updated the Board on the Monroe County Sanitary Wastewater Master Plan. DIVISION OF PUBLIC WORKS ~ Public Works Director Dent pierce addressed the Board concerning the consideration of an Agreement with Key West Kritter Patrol, Inc. to have animals spayed or neutered by Lower Keys veterinarians prior to being made available to the public for adoption. Gerald Gleisner, representing Key West Kritter Patrol, and Katha Sheehan addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to table the item to the Board of County Commissioner's meeting scheduled to be held in Key West on January 13, 1999 so that more time may be given for its' study. Roll call vote was unanimous. KONROE COUNCIL OF THE ARTS Executive Director of the Monroe Council of the Arts Monica Haskell, Mark Anderson and David Plettner addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent accepting the Cultural Planning Report, dated November 1998. Roll call vote was unanimous. GROWTH MANAGEMENT ~ Acting Director of Growth Management, Timothy McGarry; Bill Loewy, representing Habitat for Humanity, and Mick Putney addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval of a request by Habitat for Humanity to authorize the temporary placement of 15 RV's and campers, for six (6) months with the option to renew, at st. Peter's Church on Big pine Key for use as transient ---- 98/379 quarters for volunteers assisting in the recovery efforts. call vote was unanimous. Roll DIVISION OF PUBLIC WORKS ~ Gary Donn, Director of Planning and Programs with the Florida Department of Transportation made a presentation to the Board concerning the Five (5) Year Work Program. The following individuals addressed the Board: Linda Yorde, Hal Heim, Barry Patterson, representing the Earth Liberation Foundation; John Hammerstrom, Jerry Wilkinson, Jill Patterson, representing the Sierra Club; Adam Koslofsky, Nate Webster, Betty Vail, Alice Putney, and Michael Collins, representing Florida Bay Initiative. The Clerk read into the Official Record a letter from Joan R. Mowery, CPA. After Board discussion, motion was made by Commissioner Williams and seconded by Commissioner Reich to adopt the following Resolution withdrawing support of the BOCC from the US1 South Project until the Florida Department of Transportation successfully completes a Supplemental Environmental Impact Study (EIS) as required by the Army Corps of Engineers (ACOE) among others, and when the EIS is completed, the BOCC will happily re- evaluate its' support for the project. Roll call vote was unanimous. RESOLUTION NO. 522A-1998 See Res. Book No. 140 which is incorporated herein by reference. Motion was made by Mayor Pro Tem Freeman and seconded by Commissioner Williams requesting the Florida Department of Transportation to replace the hurricane damaged signs throughout the County with all deliberate speed and dispose of the old signs. Motion carried unanimously. Mr. Koppel discussed with the Board the Ocean Reef Club enhancement project. PUBLIC HEARINGS The first of two Public Hearings were held concerning the consideration of the Planning Department's initiated ordinance enacting an eight-month moratorium from the adoption date of this Ordinance on the approval of applications for new free-standing wireless communications towers (including self- supporting, guyed & monopole) and any modifications which would increase the overall height of an existing free-standing wireless ~ communications tower (including self-supporting, guyed & monopole). The second Public Hearing will be held at the January 13, 1999, BOCC meeting in Key West at 10:00 a.m. Acting Director - 98/380 of Growth Management Timothy McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: vicki Minard, Esq., representing Nextel South Corporation; Linda Yorde, Betty Vail, and Mark Baker. The Board took no official action. A Public Hearing was held concerning adoption of an Ordinance amending the Monroe county Land Development Regulations, sections 9.5-336 through 9.5-342, regarding the Habitat Evaluation Index (HEI); 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. Environmental Resources Director Ross Alliston addressed the Board. There was no public input. Motion was made by Commissioner williams and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 040-1998 See Ord. Book No. 49 which is incorporated herein by reference. ,- A Public Hearing was held concerning adoption of an Ordinance amending the Monroe County Land Development Regulations to allow limited development in disturbed wetlands pursuant to the Advanced Identification of Wetlands (ADID) Program. 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. The Board accepted public input with the following individual addressing the Board: Captain Mills. The Board took no official action. A Public Hearing was held concerning approval of a Settlement Agreement concerning Jriska Albanes, Plaintiff vs. Monroe County, Defendant - Case No. 97-20304-CA-10. There was no pUblic input. Motion was made by Commissioner Neugent and seconded by Mayor Pro Tem Freeman to approve the Settlement. Roll call vote was unanimous. COMMISSIONERS' ITEMS commissioner Neugent discussed with the Board the recommendation through the State Legislative Delegation for the consolidation of government functions to facilitate the saving of Monroe County tax payers dollars. The following individuals representing the Monroe County Mosquito Control addressed the _ Board: Ed Fussell, Commissioner Bill Langstaff, Commissioner Joan Lord-Papy, commissioner Dick Rudell, Commissioner Steve Smith, commissioner Bill Shaw, Laurie Freeling, Dane Dastague, - 98/381 Lawrence Hribar, John L. Lenciono, William Southcott, and stephen Bradshaw. The following individuals also addressed the Board: Virginia Panico, Executive Vice-President of the Key West Chamber of Commerce; Jerry Wilkinson, Barry Patterson, John Repetto, Attorney Michael Barnes, representing commissioner Bill Shaw; Dona Merritt, Lynn Mapes, Michael spoto, Dick Smits, Attorney Nicholas MUlick, Joe Bell, Linda Yorde, and Marilyn Tempest. After Board discussion, motion was made by Commissioner Reich to remove the proposed Resolution from the agenda. Motion died for lack of a second. Motion was then made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Resolution requesting that Monroe County's Legislative Delegation introduce Legislation, as recommended by the Monroe County Grand Jury, abolishing the Monroe County Mosquito Control District and consolidating its' mosquito control functions within Monroe County Government while maintaining its status as a Special Taxing District. Roll call vote was taken with the following results: - commissioner Neugent Commissioner Reich Commissioner Williams Mayor Pro Tem Freeman Yes No Yes Yes Motion carried. RESOLUTION NO. 486-1998 See Res. Book No. 140 which is incorporated herein by reference. COUNTY ADMINISTRATOR County Administrator James Roberts discussed with the Board a joint meeting between the Board of County Commissioners and the City of Key West Commissioners. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to hold a joint meeting between the Board of County Commissioners and the City of Key West Commissioners at the Harvey Government Center at Historic Truman School on Thursday, February 18, 1998 at 6:00 P.M. Motion carried unanimously. Mr. Roberts discussed with the Board a Disaster Relief Funding Agreement for assistance by the Federal Emergency Management Agency concerning Tropical Storm Mitch. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to add the item to the Agenda. Motion carried _ unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval and authorizing execution of Disaster Relief Funding Agreement, DCA -- 98/382 Agreement No. 99-RM-68-11-54-01-001 between Monroe County and the state of Florida, Department of Community Affairs, subject to legal review. Motion carried unanimously. Mr. Roberts discussed a request by Johnny O'Daniel to discuss the resignation of county Attorney Jim Hendrick. The Board discussed whether or not it was appropriate to hear this item before the Board. Motion was made by Commissioner Reich to hear the item. Motion died for lack of a second. GROWTH MANAGEMENT An update on legal issues was given by Assistant County Attorney stuart Schurr. Mr. Schurr discussed the following cases: Burnham, Rathkamp (Vacation Rental Ordinance), Vested Rights Hearings, Ocean Cay, Ambrose, Plaza Associates, Bennett, Sunshine Key, Shadek, Florida Keys Medical Complex, and the Personal Watercraft Industry Association. Mr. Schurr discussed the Dowsett case. The following individuals addressed the Board: Jill Patterson and Linda Yorde. -- Ms. Yorde addressed the Board concerning the Vacation Rental Ordinance its' effective date and enforcement. Jill Patterson addressed the Board concerning the gambling boat in the Upper Keys. The Board discussed the Dowsett case. Motion was made by Commissioner Williams and seconded by Commissioner Reich to remove the county code enforcement liens from the Dowsett property in full settlement of the Dowsett case. Roll call vote was taken with the following results: commissioner Neugent No Commissioner Reich Yes Commissioner Williams Yes Mayor Pro Tem Freeman No Motion failed. COUNTY ADMINISTRATOR Mr. Roberts and Monroe County Project Manager Jim Malloch addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval -- in concept of a Cooperative Agreement between Monroe County and the Natural Resources Conservation Service (NRCS) to clean County canals due to the damages associated with Hurricane Georges. - 98/383 Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Reich granting approval of the 1999 appointments of Commissioners to various duties as follows: 1999 Organization for Rotational Commissioner Attendance: Library Advisory Board - a. January -Reich (1/26 - Key Largo Library) b. February -Freeman (2/23 - Big pine Library) c. March -Neugent (3/23 - Marathon Library) d. April -Williams (4/27 - Islamorada Library) e. May -Harvey (5/25 - Key West Library) f. June -Reich (6/22 - Key Largo Library) g. July -Freeman (7/27 - Big pine Library) h. August -Neugent (8/24 - Marathon Library) i. September -Williams (9/28 - Islamorada Library) j. October -Harvey (10/26- Key West Library) k. November -Reich (11/30- Key Largo Library) 1. December -Freeman (12/28- Big pine Library) *At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to the meeting area nearest them. All meetings begin at 10:30 AM. **At the November 12, 1997 BOCC meeting, the Board approved for Commissioner Harvey to attend the Key West meetings and Commissioner Freeman to attend the Big pine meetings. Older American Advisory Board a. January -Williams b. February -Freeman c. March -Harvey d. April -Neugent e. May -Reich f. June -Neugent g. July -OAAB Vacation (each year) h. August -OAAB Vacation (each year) i. September -OAAB Vacation (each year) j. October -Freeman k. November -Harvey I. December -Reich - criminal Justice Committee (formerly Jail Oversight) -Reich -- 98/384 Land Use Facilitator -williams Lower & Middle Keys Fire & Ambulance Taxing District Board of Governors -williams -Neugent -Freeman Value Adjustment Board -Reich -Freeman -Harvey South Florida Regional Planning council -williams -Freeman Voter Canvassing Board -Harvey South Florida Water Management District -williams Beach Advisory Board -Harvey - Jail Dispute Review Board -Reich Tourist Development Council -Freeman Marine Sanctuary Water -Williams Quality Steering Committee Alliance For Aging -Reich Round Table Committee -Harvey Substance Abuse Policy Board -Reich Hurricane Preparedness -Reich Committee Circuit Conflict Committee -Reich Base Closure and Realignment Committee -Harvey Juvenile Justice Council -Reich Marine and Port Advisory -Neugent Committee - Boot Key Harbor Ad Hoc Committee -Neugent ~ 98/385 Key West Airport Ad Hoc Committee -Harvey Marathon Airport Ad Hoc Committee -Neugent FEMA Task Force -Harvey Vendor Committee -Reich The Monroe County Local Coordinating Board for the Transportation Disadvantaged -Neugent Motion carried unanimously. ~ Motion was made by Commissioner Reich and seconded by Commissioner Williams granting approval of expenses to be paid out of the Boards promotional account for appreciation plaques for Mayor Jack London and Commissioner Keith Douglass from the 1999 Board of County Commissioners. Motion carried unanimously. Mr. Roberts and steve Miller representing KPMG Peat Marwick discussed with the Board approval for the County to request formally the replacement of the present FEMA team working on the results of Hurricane Georges and Tropical storm Mitch. Motion was made by Commissioner Reich and seconded by Commissioner Neugent to adopt the following Resolution formally requesting that FEMA replace the teams assigned to Monroe County. Motion carried unanimously. RESOLUTION NO. 523-1998 See Res. Book No. 140 which is incorporated herein by reference. COUNTY ATTORNEY Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution authorizing execution of an Interlocal Agreement, as amended, between Monroe County and the Village of Islamorada for the distribution of the local gas tax. Said amendment as follows: Section 2. Delete sentence two (2) and three (3) of the section. ~ Motion carried unanimously. /..-., 98/386 RESOLUTION NO. 524-1998 See Res. Book No. 140 which is incorporated herein by reference. Motion was made by Commissioner Reich and seconded by Commissioner williams granting approval and authorizing execution of a Road Transfer Agreement between Monroe County and Islamorada, village of Islands regarding the transfer of roads from Monroe County to the village. Motion carried unanimously. Attorney James Keller representing Tory Dowsett, Annik Dowsett and Southern Cross Holdings; Annik Dowsett, Tory Dowsett, and Joe Bell addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Neugent granting approval to settle the personal injury claim of Brian Hedley in the amount of $75,000. Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned. -- Clerk to the Board of County commissioners of Monroe County ibM-c.~xf~ Isabel C. DeSantis Deputy Clerk --