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10/16/2002 Regular2002/262 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, October 16, 2002 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Harvey Government Center. Present and answering to roll call were Commissioner Humberto "Bert" Jimenez, Commissioner Murray Nelson, Commissioner George Neugent, Commissioner Dixie Spehar, and Mayor Charles "Sonny" McCoy. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; James Hendrick, County Attorney; 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 Commissioner Nelson granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Key West Post Master Ben Cole presented to Mayor McCoy and Sheriff Roth the Postal Service's Hero Stamp. Presentation of Employee of the Month for June, 2002 award to Sandra Molina, Executive Assistant, Community Services Division. Presentation of Employee of the Month Award for August, 2002 to Ms. Gail Keeler, Extension Special Projects, University of Florida/Monroe County Extension Service, Community Services Division. Mayor's Proclamation recognizing Yvonne Harper for her leadership and service with the District 1 Board of Governors. Presentation of Proclamation commending the Administration and Staff of Fort Zachary Taylor and the nonprofit organizations, Friends of Fort Taylor and Committee for Art in the Park, for their efforts in creating, supporting, and enhancing the annual Art in the Park program at historic Fort Taylor. 10/16/02 2002/263 - . Presentation of Disabilities Council Award plaque to St. Paul's Episcopal Church for their support in accommodating people with disabilities. BULK APPROVALS Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval of the following items: Board granted approval to award all Public Works surplus equipment, excluding Item No. 10, 1985 Dynapac Roller, County Unit No. 0946/011. Said list is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Agreement (Operation of Big Pine Key and Marathon Animal Shelters) between Monroe County and Stand Up for Animals, Inc. in order to update the list of vehicles being utilized by the Contractor. The vehicles are amended to read as follows: 1. A 1994 Ford F150 Pick Up Truck (Unit No. 9^19� row 0902-497); 2. A 1995 Ford F150 Pick Up Truck (Unit No. 0910/063). Board granted approval to waive purchasing policies and procedures, and purchase eleven (11) storage containers from Instant Storage of Florida, Inc. in the amount of $31,460.00. Board granted approval and authorized execution of Lease Agreement No. 800:0266 and Lease Amendment No. 1 between Monroe County and the Department of Management Services, Department of Juvenile Justice to occupy approximately 2,525 square feet of useable office space on the second floor of the Juvenile Justice Building, 5503 College Road, at a rate of $16.68 per square foot. Board granted approval and authorized execution of a Contract Renewal between Monroe County and Windswept Inc. d/b/a Windswept A/C & Appliances for the Central Air Conditioning Maintenance and Repair for the Middle Keys Facilities. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Big Pine Athletic Association (BPAA) to manage the Blue Heron Park in Big Pine Key for an additional three (3) years, with the Agreement that the BPAA pay the County $1.00 per year. Board granted approval to accept the proposal of $330.00 from Tropical Sailboats, Inc. to purchase beach chairs and umbrellas that were abandoned on Higgs Beach by the previous contract holder, Douglas R. Baetz. Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval to remove surplus equipment from inventory via removal and disposal. Said list is incorporated herein by reference. 10/16/02 2002/264 I� Board granted approval and authorized execution of a Special Service Arrangement Agreement, Case Number FL02-J775-02, between Monroe County and BellSouth Telecommunications, Inc. d/b/a BellSouth to install Fiber at the Key West Library, 700 Fleming Street. Board granted approval and authorized execution of a Special Service Arrangement Agreement, Case Number FL02-H3 87-0 1, between Monroe County and BellSouth Telecommunications, Inc. d/b/a BellSouth to install Fiber at the Department of Juvenile Justice Building, 5501 College Road. Board granted approval and authorized execution of the Fiscal Year 2003 Funds Agreement between Monroe County and Historic Florida Keys Foundation, Inc. to provide funding, in the amount of $30,000. Board granted approval and authorized execution of the Fiscal Year 2003 Funds Agreement between Monroe County and Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts to provide funding, in the amount of $45,000. Board granted approval and authorized execution of the Fiscal Year 2003 Agreement between Monroe County and Rural Health Network of Monroe County, Florida, Inc. to provide primary health care in Monroe County, in the amount of $150,000. Board granted approval and authorized execution of the Certificate of Acceptance of Subgrant Award No. 03-CJ-5A-11-54-01-110 between Monroe County and the Florida Department of Law Enforcement for the project entitled: Parents Who Care Substance Abuse Prevention I. Board granted approval and authorized execution of the Fiscal Year 2003 Edward Byrne Memorial State and Local Law Enforcement Assistance Grant Funds Agreement between Monroe County and Helpline, Inc. to implement a program that provides the Parents Who Care program. Board granted approval and authorized execution of the Fiscal Year 2003 Agreements between Monroe County and Human Service Organizations funded by the County, totaling $1,128,250 for which funding recommendations are made by the Human Services Advisory Board. The Agreements are as follows: American Red Cross of Greater Miami and the Keys to provide direct services to the citizens of Monroe County, such as disaster assistance, emergency communications, and health and safety training, in the amount of $19,590.00; Big Brothers/Big Sisters of Monroe County, Inc. to perform and carry out children's services, including companionship and development services to young persons living in Monroe County, in the amount of $12,400.00; Big Pine Key Athletic Association, Inc. to provide funding for youth programs for children of Monroe County, in the amount of $40,000.00; Boys and Girls Club of the Keys Area, Inc. to provide funding for facilities and services for recreational use and social functions of the community in a wholesome environment free from drugs and alcohol, in the amount of $31,000.00; Care Center for Mental Health of the Lower Keys, Inc. annual I I 10/16/02 1 2002/265 appropriation that provides funding for mental health and guidance services for Monroe County Citizens, in the amount of $195,189.00; Caring Friends for Seniors, Inc. provides funding to perform companionship and related services to elderly persons living in Monroe County, student organizations are matched with senior citizens to bridge the gap between generations, in the amount of $10,000.00; Catholic Charities provides funding for services such as housing assistance, housing related emergency services, soup kitchen services, distribution of used and donated furniture, and disaster recovery services, in the amount of $19,348.00; Domestic Abuse Shelter, Inc. provides funding to perform services such as shelter, counseling and other appropriate services to battered spouses, in the amount of $29,022.00; Florida Keys Children's Shelter, Inc. provides funding to perform services such as shelter, and early intervention and prevention programs for youths and their families, in the amount of $35,020.00; Florida Keys Outreach Coalition, Inc. provides funding to perform services such as shelter, and other services for homeless persons in Monroe County, in the amount of $19,928.00; Guidance Clinic of the Middle Keys, Inc. provides funding for various mental health and transportation disadvantaged services in Monroe County, in the amount of $754,549.00; Guidance Clinic of the Upper Keys, Inc. provides funding to perform mental health services such as counseling in Monroe County, in the amount of $92,961.00; Helpline, Inc. provides funding for crisis intervention and referral services, in the amount of $12,400.00; Hospice of the Florida Keys, Inc. provides funding for medical psychological, physical, and social needs of terminally ill persons and their families in Monroe County, in the amount of $40,000.00; Literacy Volunteers of America - Monroe County, Inc. provides funding for literacy training of citizens of Monroe County, in the amount of $6,200.00; Monroe Association for Retarded Citizens, Inc. provides funding for services for retarded citizens of Monroe County, in the amount of $48,370.00; PACE Center for Girls of Monroe County, Inc. provides funding for educational services for at -risk adolescent girls and young women of Monroe County, in the amount of $22,250.00; Red Ribbon Kids Foundation, Inc. provides funding for services to benefit children of Monroe County who are infected with, or affected by AIDS, in the amount of $3,100.00; Rural Health Network of Monroe County, Florida to provide administration and promotional activities related to the Florida KidCare Program in Monroe County, in the amount of $20,000.00; Salvation Army provides funding for emergency management and disaster recovery services, including shelter operation, in the amount of $25,000.00; Samuel's House, Inc. provides funds for housing of women and children, in the amount of $21,283.00; United States Fellowship of Florida, Inc. provides funding for assisted living facilities with limited mental health support, in the amount of $36,911.00; Wesley House Community Center, Inc. provides funding for day care, education, and skill development services for children in Monroe County, in the amount of $48,696.00; and Womankind, Inc. provides funding for women's health care services, in the amount of $15,000.00. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and Amending Resolutions: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 407-2002 Said Resolution is incorporated herein by reference. 10/16/02 2002/266 Receipt of Unanticipated Funds (OMB Schedule Item No. 2) RESOLUTION NO. 408-2002 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 409-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 410-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 411-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 412-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 413-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 414-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 415-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 008-2002 (OMB Schedule Item No. 10). RESOLUTION NO. 416-2002 Said Resolution is incorporated by reference. 10/16/02 2002/267 Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 417-2002 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 418-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 419-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 420-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 421-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO.422-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 423-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 424-2002 Said Resolution is incorporated here in by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 425-2002 Said Resolution is incorporated herein by reference. 10/16/02 2002/268 Receipt of Unanticipated Funds (OMB Schedule Item No. 20) RESOLUTION NO. 426-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 427-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 428-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 429-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 430-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 431-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 284-2002 (OMB Schedule Item No. 26). RESOLUTION NO. 432-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 283-2002 (OMB Schedule Item No. 27). RESOLUTION NO. 433-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 434-2002 Said Resolution is incorporated herein by reference. 10/16/02 2002/269 Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 435-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO. 436-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 31). RESOLUTION NO. 437-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 32). RESOLUTION NO. 438-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 439-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 440-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 35). RESOLUTION NO. 441-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 442-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 37). RESOLUTION NO. 443-2002 Said Resolution is incorporated herein by reference. 10/16/02 2002/270 Amending Resolution No. 269-2002 (OMB Schedule Item No. 38). RESOLUTION NO. 444-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 39). RESOLUTION NO. 445-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 446-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 447-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 448-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 449-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 270-2002 (OMB Schedule Item No. 44). RESOLUTION NO. 450-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO. 451-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 452-2002 Said Resolution is incorporated herein by reference. 10/16/02 2002/271 Transfer of Funds (OMB Schedule Item No. 47). RESOLUTION NO. 453-2002 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 454-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 49). RESOLUTION NO. 455-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 50). RESOLUTION NO. 456-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 51). RESOLUTION NO. 457-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Beyer Funeral Home to lease premises for use as Medical Examiner facilities for a one year period, effective October 1, 2002, at a cost of $215.00 per month, total of $2,580.00 per year. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Dean -Lopez Funeral Home to lease premises for use as Medical Examiner facilities for a one year period, effective October 1, 2002, at $850.00 per month, total of $10,200.00 per year. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Dean & Sons Funeral Home Cemetery and Cremation Services, Inc. to sublease premises for use as Medical Examiner facilities for a one year period, effective October 1, 2002, at a cost of $800.00 per month, total of $9,600.00 per year. Board granted approval to accept bid for sale of surplus property from Raymond L. Combs, Jr., Ultrascan, Inc., for one (1) Ultrasound Machine, County Identification No. 1419-070, in the amount of $4,101.00. 10/16/02 2002/272 ram, Board granted approval and authorized execution of an Agreement between Monroe County and Florida Power & Light Company concerning Radiological Emergency Preparedness for Fiscal Year 2003 and Fiscal Year 2004. Board granted approval to dispense with bidding provision of Ordinance No. 032-1998, and authorized execution of an Agreement for Refurbishing Key Largo Fire Department's 1988 E-One Ladder Truck (Ladder-70) between Monroe County and E-One, Inc., in the amount of $113,131.00 (which includes a contingency amount of $5,000.00), for retro-fitting of ladder and associated equipment and repairing the air conditioning system. Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida to change the name on the Certificate of Public Convenience and Necessity (COPCN) from Monroe County Board of County Commissioners / Monroe County Emergency Medical Services to Monroe County Board of County Commissioners / Monroe County Fire Rescue, and authorized the Monroe County Fire Chief to execute the administrative documents to accomplish same. RESOLUTION NO. 458-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Memorandum of Agreement for APS Referrals between Alliance for Aging, Inc. for Planning Service Area 11; United Home Care Services, Inc.; Miami Jewish Home and Hospital for the Aged; First Quality Home Care, the Community Care for the Elderly Lead Agencies for Miami -Dade County; Monroe County Social Services, the Community Care for the Elderly Lead Agency for Monroe County; and the Department of Children and Families to promote the development of a coordinated service delivery system to meet the needs of consumers who are referred by Protective Investigators to Community Care for the Elderly Lead Agencies. Board granted approval and authorized execution of a Memorandum of Agreement for CARES Referrals between the Alliance for Aging, Inc. the Area Agency on Aging for Planning Service Area 1 l; United Home Care Services, Inc.; Douglas Gardens Community Care; First Quality Home Care, the Community Care for the Elderly Lead Agencies for Miami -Dade County; Monroe County Social Services, the Community Care for the Elderly Lead Agency for Monroe County; and the Department of Elder Affairs - CARES to promote the development of a coordinated service delivery system to meet the needs of consumers who are referred by CARES. Board granted approval and authorized execution of the United States Department of Agriculture Contract No. US-351 2002-2003 between the Alliance for Aging, Inc. and the Monroe County Nutrition Program for meals provided to senior clients over 60 years old in the county who receive meals at the Congregate Nutrition Sites or home -delivered meals. Board granted approval and authorized execution of the Home and Community Based Waiver Referral Agreement between the Alliance for Aging, Inc. and the Monroe County to 10/16/02 2002/273 I enable respite clients to remain in the Aged and Disabled Adult (ADA) Waiver Program. Under this program, clients are referred to Bayshore Manor for daytime facility respite. Board granted approval and authorized execution of Amendment No. 002 to Contract KZ197 for the Alzheimer's Disease Initiative between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency) to decrease the total funding for respite by $20,198.00 in order to reflect the actual amount of ADI funds requested by Monroe County In Home Services for services rendered through June 30, 2002. Board granted approval and authorized execution of a Service Agreement between Monroe County and Florida International University for cataloging services. Board granted approval and authorized execution of a Service Agreement between Monroe County and Literacy Volunteers of America -Monroe County, Inc. for literacy services. Board granted approval to close the Key West Branch Library for three days, October 23-25, 2002, to enable removal of the old circulation desk and installation of a new desk in its place. Safety factors preclude having patrons in the building during this period, due to the size of the project and the electrical work entailed. Staff will maintain a regular working schedule during these days, and telephone service will remain available. Board granted approval to apply for Tourist Development Council Capital Projects Funding to restore six WPA Federal Art Project plaster bas-reliefs (created in 1937 by Joan van Breemen) installed/displayed at the Islamorada Library. Board granted approval of award of bid to Quality Communications of Florida, Inc. d/b/a Quality Communications Fire & Security, Inc., for Security/Safety Phase II project at the Key West International Airport to include Proxy Card, Terminal Baggage Security Doors, Automatic Gate No. 4 Modifications, Closed Circuit TV System, and Security/Fire Alarm System. Board granted approval of Republic Parking operating budget for the period November 1, 2002 through October 31, 2003, for parking lot management for the Key West International Airport. Board granted approval for the Transportation Security Administration to occupy office space on the second floor of the Key West International Airport Terminal Building on a month to month basis, pending an approved Lease Agreement. Board granted approval of award of bid to Lipsky Enterprises, Inc., for the Noise Insulation Program, Phase II construction at the Key West International Airport, in the amount of $1,285,709.00, contingent upon receipt of a Federal Aviation Administration Grant. Board granted approval of updated Rates and Charges for the Key West International Airport, to become effective October 1, 2002. 10/16/02 2002/274 Board granted approval and authorized execution of Purchase/Service Order 01/02-37 between Monroe County and URS to provide an analysis of alternative approaches tot Runway 9 at the Key West International Airport. Board granted approval and authorized execution of a Lease Extension Agreement between Monroe County and Dollar Rent A Car Systems, Inc. at the Key West International Airport, extending the expiration date to 6/30/04. Board granted approval and authorized execution of Purchase/Service Order 01/02-40 between Monroe County and URS to provide additional A&E Services due to FAA's workload coordination and City of Key West Building Department approval due to significant Building Code Revisions, and other related delays at the Key West International Airport. Board granted approval of award of bid to Adaptive Engineering, LTD, in the amount of $25,200, for a Disabled Passenger Device, for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order 02/03-4 between Monroe County and URS to provide resident inspection services for the terminal and Adam Arnold Annex building modification contract and security items and security/alarm system installation and other related work. Board granted approval and authorized execution of Purchase/Service Order 02/03-5 between Monroe County and URS to provide resident inspection services for the environment project to remove finger fills, remove exotics and other related work. Board granted approval and authorized execution of an Agreement for Use of Disabled Passenger Boarding Equipment between Monroe County and Comair, for handicap lift equipment at the Key West International Airport. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Rural Health Network of Monroe County, Florida, Inc. to allow reimbursement for salary and related expenses. Board granted approval to pay the amount of $26,441.00 to the Florida Department of Community Affairs as reimbursement for one-half the total expenses of the C-130 Medivac Aircraft used for evacuation during Monroe County's response to and recovery from Hurricane Michelle in November 2001. Board granted approval and authorized execution of Standard Contract No. XM194 between Monroe County and Department of Elder Affairs for the Senior Community Service Employment Program, October 2002 through June 30, 2003, that is an employment and training Program for senior citizens, 55 years of age and older, who are on a limited income throughout Monroe County. 10/16/02 ; 2002/275 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (for Cost Center 61535/Low Income Home Energy Assistance Program; Project No. GS0205/Low Income Home Energy Assistance Program; Fund 125/Governmental Fund Type Grants; FY03. RESOLUTION NO. 458A-2002 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval to advertise Request for Bids for agency to provide Visitor Profile Survey Reports. Board granted approval to advertise Destination/TurnKey Event Funding for January 1, 2004 through December 31, 2004. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering Terra Nova Trading Key West 2003 on January 19-24, 2003 in an amount not to exceed $55,000, FY 2003, Third Penny, DAC I allocation. Board granted approval and authorized execution of the following Cultural Events Funding Agreements for FY 2003, Two Penny Cultural Umbrella Funding, totaling $347,643: Marathon Community Theatre covering the Marathon Community Theatre Season 2002/2003 and the pre -promotion of 2003/2004 Season in an amount not to exceed $25,000; St.Paul's Episcopal Chruch covering Performance at St.Paul's between October 2002 - April 2003 in an amount not to exceed $3,115; The Keys Players covering the Key Players Season 2003 from October 1, 2002 through May 31, 2003 in an amount not to exceed $15,000; Tennessee Williams Fine Arts Center Founders Society, Inc. for production of the Tennessee Williams Fine Arts Center Founders Society 2002-2003 Performing Arts Season covering October 1, 2002 through June 30, 2003 in an amount not to exceed $25,000; Mel Fisher Maritime Heritage Society, Inc. covering the Last Slave Ships on October 1, 2002 through July 20, 2003 in an amount not to exceed $20,000; Classical Guitar Productions covering the Weekend Dinner Concerts between October 1, 2002 and September 30, 2003 in an amount not to exceed $10,000; Key West Players, Inc. covering the Waterfront Playhouse Theatrical Productions from October 1, 2002 through September 30, 2003 in an amount not to exceed $25,000; Florida Keys Art Guild, Inc. covering Florida Keys Art Guild Outdoor Festivals from November 2002 - April 2003 in an amount not to exceed $7,500; Keys Community Concert Band covering Pops in the Park from November 2002 - April 2003 in an amount not to exceed $8,065; Historic Seaport at Key West Bight covering Pirates In Paradise Festival 2002 on November 28 - December 8, 2002 in an amount not to exceed $15,000; South Florida Center for the Arts covering the 2003 Upper Keys Concert Series, Historic Holiday Candle Walk and St. Patrick's Day Irish Concert between December 2002 and March 2003 in an amount not to exceed $11,800; Key West Pops Orchestra between December 2002 and March 2003 in an amount not to exceed $10,000; Key West Symphony Orchestra, Inc. covering the Key West Symphony Orchestra 2002-2003 Season from December 2002 through July 2003 in an 10/16/02 ; 2002/276 i amount not to exceed $20,924; Lower Keys Chamber of Commerce covering the 16th Annual Island Art Fair on December 8, 2002 in an amount not to exceed $2,550; The Committee for Art in the Park covering Art in the Park 2003 in an amount not to exceed $10,065; KWCA Impromptu Concerts covering KWCA Impromptu Concerts in an amount not to exceed $3,960; The Red Barn Actors Studio, Inc. covering Red Barn Theatre/Live Theatre in an amount not to exceed $25,000; Key West Writers Workshop covering the Key West Writers Workshop 2003-2004 Season on January - February 2003 and January - February 2004 in an amount not to exceed $5,000; Key West Literary Seminar, Inc. for production of the 21st Annual Key West Literary Seminar: Poetry 2003: The Beautiful changes on January 9-16, 2003 and the 22nd Annual Key West Literary Seminar: Crossing Borders: Immigrant Literature on January 8-15, 2004 in an amount not to exceed $15,000; Old Island Restoration Foundation, Inc. covering the 43rd Annual Key West House & Garden Tours on January 10-11, 2003, February 14-15, 2003, and March 7-8, 2003 in an amount not to exceed $5,460; San Pedro Church Women's Guild covering Art Under the Oaks on January 18, 2003 in an amount not to exceed $5,925; Florida Keys Discovery covering the Florida Keys Heritage Festival on January 18-19, 2003 in an amount not to exceed $6,740; Key West Players, Inc. for the Key West Craft Show on January 25-26, 2003 in an amount not to exceed $4,500; Pigeon Key Foundation covering the Pigeon Key Art Festival on February 7-9, 2003 in an amount not to exceed $9,964; Key West Art Center, Inc. for the Old Island Days Art Festival on February 22-23, 2003 in an amount not to exceed $4,500; Key West Garden Club covering the Floral Tapestry a Standard Flower Show on March 8-9, 2003 in an amount not to exceed $3,000; Barley's Bay Festival, Inc. covering Barley's Bay Festival on May 9-10, 2003 in an amount not to exceed $15,000; Key West African American Heritage Festival covering the Key West African American Heritage Festival during June 2003 in an amount not to exceed $17,500; Lower Keys Chamber of Commerce covering the 19th Annual Underwater Music Festival on July 12, 2003 in an amount not to exceed $7,000; and the Florida Keys Birding and Wildlife Festival, Inc. for the Florida Keys Birding and Wildlife Festival on October 10-12, 2003 in an amount not to exceed $10,075. Board granted approval and authorized execution of the following Fishing Umbrella Funding Agreements for FY 2003, Two Penny Fishing Umbrella Funding, totaling $275,000: Ladies, Let's Go Fishing covering the Ladies, Let's Go Fishing on October 20, 2002 in an amount not to exceed $1,000; Rotary Club of Key Largo covering the Take Stock in Children Backcountry Challenge on October 25-27, 2002 in an amount not to exceed $5,000; Islamorada Junior Sailfish Tournament covering the Islamorada Junior Sailfish Tournament on December 13-15, 2002 in an amount not to exceed $1,500; Don Gurgiolo Sailfish Classic covering the Don Gurgiolo Sailfish Classic on December 20-22, 2002 in an amount not to exceed $2,000; Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament on January 1 - November 30, 2003 in an amount not to exceed $45,000; Rotary Club of Key Largo covering the Key Largo Sailfish Challenge on January 3-5, 2003 in an amount not to exceed $6,000; Holiday Isle Resort & Marina covering the 18th Annual Holiday Isle Sailfish Tournament on January 10-12, 2003 in an amount not to exceed $3,000; Florida Keys Fishing Guides Association, Inc. covering the Swamp Guides Ball on January 24-25, 2003 in an amount not to exceed $2,000; Murray Marine, Inc. covering the Hog's Breath King Mackerel Tournament on January 24-26, 2003 in an amount not to exceed $12,000; Charlotte Ambrogio covering the Pursuit Sailfish Open on January 31 - February 2, 2003 in an amount not to exceed $7,550; Islamorada Women's Sailfish Tournament 10/16/02 �I 2002/277 I i covering the Islamorada Women's Sailfish Tournament on February 7-9, 2003 in an amount not to exceed $2,000; Capt. Leon Shell Annual Memorial Bill fish Tournament covering the Capt. Leon Shell Annual Memorial Bill fish Tournament on February 21-22, 2003 in an amount not to exceed $4,100; Redbone, Inc. covering the Mercury Redbone at Large Sunset Tarpon Tournament on March 15-16, 2003 in an amount not to exceed $9,500; Charlotte Ambrogio covering the Del Brown Permit Tournament on March 18-21, 2003 in an amount not to exceed $2,500; Islamorada All -Tackle Spring Bonefish Tournament covering the Islamorada All -Tackle Spring Bonefish Tournament on March.18-21, 2003 in an amount not to exceed $2,000; Executive Adventures covering the World Sailfish Championship on April 9-12, 2003 in an amount not to exceed $9,125; Sunny Keys Fishing Tournaments, Inc. covering the Key Largo Fishing Tournament - 12th year on April 25-27, 2003 in an amount not to exceed $9,750; Keys Classic Anglers Tournament, Inc. covering the Shell Key West Classic on April 30 - May 3, 2003 in an amount not to exceed $22,000; Coconuts Restaurant covering the Coconuts Dolphin Tournament on May 16-18, 2003 in an amount not to exceed $15,000; Clear Channel Radio covering the Dolphin Masters Invitational on May 24, 2003 in an amount not to exceed $2,500; Cudjoe Gardens Dolphin Tournament covering the Cudjoe Gardens -Dolphin Tournament on May 30 - June 1, 2003 in an amount not to exceed $2,750; Charlotte Ambrogio covering the Don Hawley Invitational Tarpon Tournament on June 1-6, 2003 in an amount not to exceed $3,000; Lower Keys Chamber of Commerce covering the Big Pine & Lower Keys Dolphin Tournament on June 6-8, 2003 in an amount not to exceed $6,500; Cuban American Heritage Festival, Inc. covering the Fourth Annual Cuban American Heritage Festival Fishing Tournament on June 13-15, 2003 in an amount not to exceed $7,500; Clear Channel Broadcasting, Inc. covering the 17th Annual Father's Day Dolphin Derby on June 14-15, 2003 in an amount not to exceed $4,100; Seaguar Goldcup Tarpon Tournament covering the Seaguar Goldcup Tarpon Tournament on June 15-20, 2003 in an amount not to exceed $2,000; Key West Gator Club covering the Key West Gator Club Dolphin Derby on June 20-22, 2003 in an amount not to exceed $7,000; Burdines Waterfront covering Burdines Waterfront 2nd Annual Dolphin and Blackfin Tuna Fun Fishing Tournament on June 28-29, 2003 in an amount not to exceed $5,000; Charlotte Ambrogio covering the Lower Keys Permit All Tackle on July 9-12, 2003 in an amount not to exceed $2,500; Geiger Key Marina covering the Geiger Key Marina Dolphin Tournament on July 11-13, 2003 in an amount not to exceed $2,625; Holiday Isle Resort and Marina covering Holiday Isle/Caribee 19th Dolphin Tournament on July 11-13, 2003 in an amount not to exceed $2,500; Key West Marlin Tournament covering the Key West Marlin Tournament on July 16-19, 2003 in an amount not to exceed $22,000; Redbone, Inc. covering the Mercury Redbone at Large Little Palm Island Grand Slam on August 12-14, 2003 in an amount not to exceed $3,250; Redbone, Inc. covering the Mercury S.L.A.M. Celebrity Tournament on September 5-7, 2003 in an amount not to exceed $15,000; Charlotte Ambrogio covering the Islamorada Fall Fly Bonefish Tournament on September 16-19, 2003 in an amount not to exceed $2,000; Redbone, Inc. covering the Mercury Baybone Celebrity Tournament on October 3=5, 2003 in an amount not to exceed $11,000; Islamorada All Tackle Bonefish Tournament covering the Mercury Outboard's Bonefishing World Championship Islamorada All -Tackle Bonefish Tournament on October 13-17, 2003 in an amount not to exceed $2,000; Redbone, Inc. covering the Mercury Cheeca/Redbone Celebrity Tournament on December 5-7, 2003 in an amount not to exceed $4,750; and Islamorada Charter Boat Association covering the Islamorada Sailfish Tournament on December 5-8, 2003 in an amount not to exceed $6,000. 10/16/02 i 2002/278 i i i DIVISION OF PUBLIC WORKS Board granted approval to reject all bids for Old Mariner's Hospital Renovation and authorization to re -bid. AIRPORTS Board granted approval for American Red Cross to use the Marathon Airport Terminal for a Calypso Casino Night on April 5, 2003, contingent upon meeting all County insurance, safety and security requirements. Board granted approval for Marathon Business and Professional Women's Club (BPW) to sponsor a fashion and business show at -the Marathon Airport Terminal on December 8, 2002, contingent upon meeting all County insurance, safety and security requirements. The BPW is also requesting that the terminal use fee of $150.00 be waived. Board granted approval for Florida Coastal Air (FCA) to commence operating out of the Florida Keys Marathon Airport on November 15, 2002, on a month -to -month basis until a formal use Agreement is approved and executed, and contingent upon meeting all County requirements; and approval to waive all fees except utilities and phones. Board granted approval for Marathon High School to use the airport terminal on November 2, 2002 for the High School Homecoming Dance, contingent upon meeting all County insurance, safety and security requirements. Board granted approval for Marathon Rotary Club to use the Marathon Airport for the Winter Carnival Festival December 5th through December 16th, 2002, contingent upon meeting all County insurance, safety and security requirements. Board granted approval of award of bid to Toppino's for the Service Road Project at the Florida Keys Marathon Airport, in the total amount of $687,906.70. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Enrique A. & Gemma Jordan, Permit Nos. 97-3-646 and 99-3-1525, for property described as Lots 3-9, Block 13, Anglers Park, Monroe County, Florida. The real estate numbers are 00553290.000000, 00553300.000000, 00553310.000000, 00553320.000000, 00553330.000000, 00553340.000000 & 00553350.000000. . Board granted approval of a request by Gene Rhodus, Inc. for a refund of $30,000.00 in permitting fees. On April 6, 2989, Monroe County received $49,552.80 for building permit fees for a project known as Captain's Cove, the project was started but not completed at the time of permit issuance. Islamorada has since incorporated and the project has been resubmitted to the 10/16/02 j 2002/279 i City. The refund represents the negotiated amount acceptable to both Monroe Count'Iy and Gene Rhodus, Inc. Board granted approval and authorized execution of a Contract for Water Quality Monitoring at Little Venice, Marathon, Florida between Monroe County and Florida International University to continue water quality monitoring. Board granted approval and authorized execution of Modification No. 3 to Contract No. 01-DR-16-11-54-01-001 between Monroe County and the Department of Community Affairs; and Modification No. 4 to Contract No. 00-DR-1W-11-54-01-002 between Monroe County and the Department of Community Affairs for revisions to the Contracts. Board granted approval and authorized execution of a Contract for the Development of Middle and Lower Keys Boaters Guides between Monroe County and Florida Marine Research Institute, Fish and Wildlife Conservation Commission. Board granted approval to advertise for a Public Hearing to .consider adoption ofa Ordinance making minor revisions for consistency, adding a definition article, and consolidating numerous articles concerning Regulatory Zones in Chapter 5.5 Monroe County Code (Boats, Docks and Waterways), providing for severability, providing for incorporation into the Monroe County Code, providing for an effective date. Board granted approval of recommendations of the Selection Committee to select the firm of HOK Planning Group to prepare a US 1 Corridor Enhancement Plan for Big Pine Key and direct staff to enter into Contract negotiations with this firm. Board adopted the following Resolution extending the second allocation period in 2002 of Non -Residential Floor Area to November 15, 2002, limiting the applications to 2,500 square feet or less and making 11,000 square feet available for allocations. RESOLUTION NO. 459-2002 Said Resolution is incorporated herein by reference. Board granted approval of a Affordable Housing Deed Restriction from George & Kathie Rockett III, Permit No. 9571-1781, for property described as Lot 25, Block 3, Pine Channel Estates, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Gilberto Contreras to Monroe County by Warranty Deed, Permit No. 99-3-1161, for property described as Lot 14, Block 8, Cahill Pines & Palms, Big Pine Key; and granted approval of a Lot Aggregation Restrictive Covenant from Gilberto & Miriam Contreras to have one dwelling unit on contiguous lots, Permit No. 99-3-1161, for property described as Lots 20 and 21, Block 14, Anglers Park, Key Largo. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the documents in accordance with Ordinance No. 47-1999. 10/16/02 1 2002/280 Board granted approval for the transfer of two buildable lots from Juan S. Fernandez to Monroe County by Warranty Deed, Permit No. 02-3-0765, for property described as Lots 1 & 2, Woodsvale Subdivision, Sugarloaf Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2002, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Gilberto Conteras to Monroe County by Warranty Deed, Permit No. 99-3-1162, for property described as Lot 24, Block 37, Pine Crest, Big Pine Key; and granted approval of a Lot Aggregation Restrictive Covenant from Gilberto & Miriam Contreras to have one dwelling unit on contiguous lots, Permit No. 99-3-1162, for property described as Lots 23 and 24, Block 14, Anglers Park, Key Largo. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Valerio & Maria Equizabal to Monroe County by Warranty Deed, Permit No. 00-03-2592, for property described as Lot 14, Block 38, Sands, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Steven Allen Eid, Trustee of the Steven Allen Eid Revocable Trust dated 4/24/92 and amended 2/1/00, for Steven A. & Paula K. Eid to Monroe County by Warranty Deed, Permit No. 99-1-1098, for property described as Lot 12, Block 27, Eden Pines Colony 3rd Addition, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of three buildable lots from Robert H. & Maria Hirsch to Monroe County by Warranty Deeds, Permit No. 00-1-3993, for property described as Lots 11 & 12, Block 18, Eden Pines Colony, Big Pine Key; and Lot 10, Block 53, Port Pine Heights 2nd Addition, Big Pine Key. Board granted approval for a Lot Aggregation Restrictive Covenant from Island Escapes LLC, authorized agent, Earnest Gardner, to have one dwelling unit on contiguous lots, Permit No. 02-3-1201, for property described as Lots 27, 28, 29, 30, and 31, Tavernier Cove No. 1, Key Largo. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2002, has filed the document in accordance with Ordinance No. 47-1999. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval and authorized execution of an Agreement for Police Services between Monroe County, Monroe County Sheriff's Office and the City of Marathon for FY 2003 local road patrol law enforcement service. 10/16/02 2002/281 Board granted approval and authorized execution of a Contract for Local Police Services between Monroe County, Monroe County Sheriffs Office and the City of Layton. Board adopted the following Resolution acknowledging FY 2003 Negotiated Rates for Local Law Enforcement Services for Village of Islamorada and approving transfer of FY 2002 Surplus. RESOLUTION NO. 460-2002 Said Resolution is incorporated herein by reference. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution approving an increase in Monroe County's State Housing Initiatives Partnership (SHIP) Programs maximum sales price limits. RESOLUTION NO. 461-2002 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval for the running of the 22nd Annual 7-Mile Bridge Run for Saturday, April 26, 2003 from 7:00 a.m. to 9:00 p.m. Board adopted the following Resolution recognizing County Commission authority to Contract with special counsel. RESOLUTION NO. 462-2002 Said Resolution is incorporated herein by reference. Board granted approval to place "NO PARKING" signs on Suncrest Road, Stock Island, Florida. Board adopted the following Resolution directing the County Attorney and Division of Growth Management to prepare amendments to the Monroe County Affordable Housing Deed Restriction, Monroe County Codes and Land Development Regulations, in order to provide lending institutions limited relief from said deed restriction in consideration of the increased availability and improved terms for mortgage financing to qualified homebuyers. RESOLUTION NO. 463-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution requesting the Department of Transportation to grant a high priority to "3 lanes", as soon as possible, through the community of Big Pine Key. RESOLUTION NO. 464-2002 10/16/02 2002/282 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Neugent's reappointment of Barbara Hettinger to the Art in Public Places Committee, expiring on November 1, 2006. Board granted approval of a proposal to raise the salary qualifications for affordable housing to 120% of median income as described in HUD Guidelines. Board adopted the following Resolution concerning the programmatic regulations of the Comprehensive Everglades Restoration Plan. RESOLUTION NO. 465-2002 Said Resolution is incorporated here by reference. See Page - 2002/282A COUNTY CLERK - WARRANTS Board approved the following Warrants (9203562-203692 & 72278-73552): General Fund (001), in the amount of $905,748.89; Sup to General Revenue (002), in the amount of $12,378.61; Affordable Housing Project (100), in the amount of $8,608.70; Fine & Forfeiture Fund (101), in the amount of $171,610.11; Road and Bridge Fund (102), in the amount of $123,782.74; Law Library Fund (103), in the amount of $61.25; TDC District Two Penny (115), in the amount of $183,614.75; TDC Admin & Promo 2 Cent (116), in the amount of $142,307.40; TDC District 1,3 Cent (117), in the amount of $191,355.47; TDC District 2,3 Cent (118), in the amount of $18,683.60; TDC District 3,3 Cent (119), in the amount of $30,187.44; TDC District 4,3 Cent (120), in the amount of $141,811.27; TDC District 5,3 Cent (121), in the amount of $720,968.16; Gov. Fund Type Grants (125); in the amount of $281,854.04; Impact Fees Police Fac (135), in the amount of $7,200.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of $88,774.16; Upper Keys Health Care (144), in the amount of $115,399.18; Fire & Amb Dist 6 Key Largo (146), in the amount of $37,205.69; Uninc Svc Dist Parks & Rec (147), in the amount of $45,856.39; Plan, Build, Zoning (148), in the amount of $82,953.89; Municipal Policing (149), in the amount of $82,462.06; 911 Enhancement Fee (150), in the amount of $37,078.76; Duck Key Security (152), in the amount of $10,530.75; Local Housing Assistance (153), in the amount of $57,757.34; Boating Improvement Fund (157), in the amount of $1,393.48; Misc. Special Revenue Fund (158), in the amount of $418.47; Law Enforcement Trust (162), in the amount of $119,658.68; 1 Cent Infra Surtax (304), in the amount of $1,231,073.90; Card Sound Bridge (401), in the amount of $19,583.82; Marathon Airport (403), in the amount of $230,710.49; Key West Intl Airport (404), in the amount of $91,785.82; MSD Solid Waste (414), in the amount of $984,272.04; Worker's Compensation (501), in the amount of $61,944.46; Group Insurance Fund (502), in the amount of $261,134.41; Risk Management Fund (503), in the amount of $39,576.76; Fleet Management Fund (504), in the amount of $103,994.87. 1! i 2002/282A Board granted approval to install a light pole on Dolphin Road in Big Coppitt to provide a safe environment for the children and residents who are endangered by the lack of light, Residents will pay the monthly cost of the light. Board granted approval and support to request State Representative Ken Sorenson to readdress funding for the detention staff for the Juvenile Detention Center of Monroe County as a Special Member Project. 10/16/02 2002/283 FINES & FORFEITURES Court Reporter Services, All Keys Reporting, in the amount of $504.75; Amy Landry Reporting, in the amount of $269.50; Associated Court Reporters, in the amount of $3,476.25; Barbara J. Grant, in the amount of $596.50; Court Reporters of Key West, in the amount of $425.00; Fred W. Jeske, in the amount of $951.75; Goldman, Naccarato, Patterson, Vela & Assoc. Inc., in the amount of $728.50; Lisa Roeser, in the amount of $30.00; Martin B. Leshaw, in the amount of $100.00; Monroe County Court Reporter, in the amount of $469.00. Competency Evaluation, A. Lamar Miller, in the amount of $500.00; A. Louis Oconnor PHD, in the amount of $1,750.00; Brainard W. Hines PHD, in the amount of $350.00; Deborah A. Harrison PHD, in the amount of $350.00; Elva Hernandez, in the amount of $50.00; James W. Holbrook EDD, in the amount of $1,400.00; Marshall Wolfe EDD, in the amount of $1,050.00. Court Interpreter, Alex Diaz, in the amount of $540.00; Barbara Bujak, in the amount of $35.00; Claudia M. Hancock, in the amount of $290.00; Deborah Jeanniton, in the amount of $35.00; Estrella Garcia, in the amount of $410.00; Jean C. Nelson, in the amount of $250.00; Jiri Dolezal, in the amount of $75.00; Luz Ballesteros Andrade, in the amount of $25.00; Marinela Herrera, in the amount of $25.00; Mario Baldatti, in the amount of $150.00; Marisol Garcia, in the amount of $462.62; Marketa Trnka, in the amount of $105.00; Martha Hernandez, in the amount of $130.00; Sergio Alvarez, in the amount of $150.00. Witness Coordination, Witness Payroll, in the amount of $95.00; Witness Travel & Per Diem, in the amount of $6,930.48. Expert Witness, A. Lamar Miller, in the amount of $500.00; International Assessment, in the amount of $2,936.25; Michael S. Maher MD, in the amount of $1,276.50; State of Florida, in the amount of $259.00; Universal Medical & Forensic, in the amount of $2,400.00; William Vicary Medical Co., in the amount of $2,925.00. Court Appointed Attorney Fees - Conflict, Erin H. Larabee PA, in the amount of $1,196.25; Gregory Davila, in the amount of $1,663.97; Joseph M. Albury PA, in the amount of $1,830.00; Law Office of Mercy Hermina, in the amount of $700.00; Michael R. Barnes, in the amount of $2,437.50; Monica Matthews Santana, in the amount of $731.25; Roberta S. Fine PA, in the amount of $1,554.53; Samuel J. Kaufman, in the amount of $443.75. Other Services Circuit, Manuel E. Madruga, in the amount of $359.30. Miscellaneous Expenses, JM Investigations Inc., in the amount of $238.00; Quality Copy Acquisition, in the amount of $21.50; State of Florida, in the amount of $340.50. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of September 2002: Advertising, in the amount of $277,812.62; Bricks & Mortar Projects, in the amount of $816,437.99; Chamber Payments, in the amount of $39,999.98; Events, in the amount of $26,891.97; Office Supplies & Oper Costs, in the amount of $90,115.23; Personal Services, in the amount of $54,949.77; Public Relations, in the amount of $53,689.14; Sales & Marketing, in the amount of $53,411.69; Telephone & Utilities, in the amount of $4,669.28; Travel, in the amount of $10,404.17. Board granted official approval the Board of County Commissioner's minutes from the Special Meetings of September 4 & 11, Regular Meeting of September 18, 2002. 10/16/02 Revision * ! 2002/284 COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and Department of State, Division of Elections for the purpose of providing funding on behalf of the Monroe County Supervisor of Elections for upgrades to or purchase of tabulation equipment. Board granted approval of the County Administrator's appointment of Ed Werling to replace Charles Miller on the Contractor's Examining Board with a term to expire October 31, 2005. The appointment will fill the General Contractor's position on the Board. COUNTY ATTORNEY Board granted approval to advertise an Ordinance concerning water and irrigation conservation which would limit the use of water of landscaping; providing for definitions; providing for restrictions; providing exemptions; providing enforcement; providing for variance relief, providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code or Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance amending Monroe County Code; Article I, concerning County designated Regional Parks; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise a Public Hearing for a Declaration of Restrictive Covenant regarding the use of rights -of -way in Hibiscus Park, Key Largo, Monroe County, Florida. Board granted approval and authorized execution of an Interlocal Agreement for the Rehabilitation of the Boot Key Harbor Bridge. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Engineer Dave Koppel addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval to award bid and enter into a contract between Monroe County and General Asphalt Co., Inc. in the amount of $697,839.09 for Big Pine Key Roads XI. Motion carried unanimously. DIVISION OF PUBLIC WORKS Mr. Koppel updated the Board concerning progress of the development of the Big Pine Key Community Park (Mariner's). Mr. Koppel addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of 10/16/02 2002/285 �I an Agreement for the Purchase of Lands between Monroe County and the Estate of Bernice Tathan, Marlene T. Taylor, Personal Representative to purchase Block 19, Lot 32, Breeseswept Beach Estates as a culvert site. Motion carried unanimously. AIRPORTS Key West Airport Manager Peter Horton reported to the Board concerning the new jet service (RJ150) which began operating at the airport. Mr. Horton also reported to the Board that a new airline, Discover Air, is scheduled to begin service at the airport and that they offer direct flights to the Bahamas. Mr. Horton informed the Board that a non -operative slot machine is planned to be set up at the airport by that airline. PUBLIC SAFETY Public Safety Director Reggie Paros reported to the Board that there is an emergency response drill to be held at Marathon High School scheduled for Friday, October 18, 2002 Mr. Paros informed the Board that he and the new Fire Chief, Clark Martin were finalizing their transition. Mr. Paros discussed the Insurance Service Office (ISO) who evaluate communities according to a uniform set of criteria as defined in the fire suppression rating schedule. The ISO evaluated three lower keys departments - Big Coppitt, Sugarloaf, and Big Pine. DIVISION OF GROWTH MANAGEMENT Kathryn Wheeler, and Debbie Harrison, representing the World Wildlife Fund addressed the Board concerning approval of a Resolution to submit the Habitat Conservation Plan (HCP) for the Florida Key Deer and other protected species on Big Pine and No Name Keys to the U.S. Fish and Wildlife Service (USFWS). After Board discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table the item to the December Board meeting in Marathon at a time definite. Motion carried unanimously. DIVISION OF PUBLIC WORKS Jose Gonzalez of Gonzalez Architects, updated the Board for work being performed at the Jackson Square Project. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry reported to the Board concerning the Ruling filed by the DCA. Mr. McGarry also discussed status of the Big Pine Key cross island connector; proposed changes to the building permit fee structure and procedures; a series of hearings that the Planning Commission is going through concerning changes to the Flood Plan regulations; and, that the Habitat Conservation Plan (HCP) is now going to a peer review. 10/16/02 2002/286 Commissioner Spehar requested an update concerning cesspit credits from the decommissioning of Coral Isle Trailer Park on Stock Island. Mr. McGarry addressed the Board. The Board discussed the Key West Resort Utility/Stock Island Project. Mr. McGarry and County Administrator James Robert addressed the Board. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item with the Board and introduced William Keith, President of Keith & Associates, Inc., who gave a presentation on the work of the Regional Business Alliance and the proposed South Florida Regional Transportation Authority. After Board discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar to have Commissioner Neugent serve as the Board's representative on the Regional Business Alliance. Mr. Roberts addressed the Board. Motion carried unanimously. DIVISION OF PUBLIC WORKS Mr. Koppel reported to the Board on County Roads within the City of Key West. No official action was taken by the Board. Monroe County Construction Manager, Stephanie Coffer addressed the Board concerning the presentations by the top three Architects/Engineers for the selection of an Architect/Engineer for Professional Services for the Big Pine Key Fire Station. After all the presentations were made, the Board proceeded to ballot on the basis of the lowest point total being the firm selected. The Clerk announced the following results: NAME Jimenez Nelson Neugent Spehar McCoy Total Borrelli & 3 3 2 3 3 14 Associates Robert G. 2 1 3 2 1 9 Currie Partnership William P. 1 2 1 1 2 7 Horn, P.A. Motion was then made by Commissioner Spehar and seconded by Commissioner Neugent authorizing Staff to negotiate a contract with the selected firm of William P. Horn, P.A. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item with the Board concerning the approval to repeal quick -take Resolution No. 354-2002 to purchase the Quay property located in Key Largo that was approved by the BOCC on September 11, 2002. The following individuals addressed the Board: Glenn Patton, representing the Port Largo Residential Property Owner's Association; 10/16/02 2002/287 Fred Nickerson, Burke Cannon, and Richard Lancaster. After discussion, motion was! made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the followingResolutil repealing Resolution No. 3 54-2002 authorizing the condemnation of the Quay Property on Key Largo for Monroe County offices. RESOLUTION NO. 466-2002 Said Resolution is incorporated herein by reference. Roll call vote was unanimous. MONROE COUNTY TAX COLLECTOR Monroe County Tax Collector, Danise "Dee Dee" Henriquez presented the Tax Collector's excess fees checks, totaling $2,088,275.51. WASTEWATER ITEMS The Board discussed adoption of a Resolution amending Resolution No. 400-2002 requesting local, state and federal representatives to pursue all available funds for wastewater and stormwater improvements identified in the Monroe County Master Wastewater and Stormwater Plans, and to consider the most effective means to secure, administer and disperse such funding. Debbie Harrison, representing the World Wildlife Fund, and Mr. Roberts addressed the Board. (This item is discussed later in the meeting, see page 2002/290 for Board action.) DIVISION OF GROWTH MANAGEMENT Mr. McGarry addressed the Board and introduced Kenneth R. Murray, Director, Maximus, Inc., who gave a presentation to the Board concerning the Growth Management Division's permitting process. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to accept the report entitled Monroe County, Florida, Growth Management Division, Review of Permitting Processes, prepared by Maximus Management Services Division, dated September 10, 2002. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item with the Board concerning an update on FEMA problems in reference to downstairs enclosures/Four-Year Statute of Limitations/FEMA's commitment to study the Floodplain. Mr. McGarry addressed the Board. No official action was taken. Commissioner Neugent discussed his item with the Board concerning approval of a Resolution requesting that the Army Corps of Engineers perform a study to determine the feasibility of opening the plugged canals in Cahill Pines and Palms, Big Pine Key, Florida. The following individual addressed the Board: Joan Tucker, representing the Cahill Pines & Palm Property Owner's Association, Inc. Marine Resources Director, George Garrett addressed the 10/16/02 2002/288 Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar authorizing Staff to write a letter to the Army Corps of Engineers requesting that they perform a study to determine the feasibility of opening the plugged canals in Cahill Pines and Palms, Big Pine Key, Florida. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending the Monroe County Code by the amendment of text to Section 6-56; Definitions of specialty contractors for cabinet and mill work, masonry, and steel reinforcing and iron; Providing for the severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 025-2002 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance revising Section 13.5-3, Higgs Beach County Park regulations, providing for a change in the restroom closing hour; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code of Ordinance; and Providing an effective date. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 026-2002 Said Ordinance is incorporated herein by reference. COUNTY ATTORNEY County Attorney James T. Hendrick reported to the Board on the following litigation: Sunshine Key Associates v. Monroe County, Case No.: CA-M-00-305; and CCDK Corp., v. Monroe County, Case No. CA-M-02-108. The Board re -authorized execution of the Settlement Agreement in the CCDK matter. Mr. Hendrick discussed procedures concerning selection of a new County Attorney. After discussion, motion was made by Commissioner Jimenez and seconded by Commissioner Neugent to postpone the vote on the selection of a new County Attorney until the next Board meeting scheduled for November 20, 2002. Roll call vote was taken with the following results: Commissioner Jimenez . Yes Commissioner Nelson Yes Commissioner Neugent Yes 10/16/02 2002/289 Commissioner Spehar No Mayor McCoy Yes Motion carried. Motion was made by Commissioner Neugent and seconded by Commissioner Jimenez to postpone the interviews until the next Board meeting scheduled for November 20, 2002. Roll call vote was taken with the following results: Commissioner Jimenez Yes Commissioner Nelson No Commissioner Neugent Yes Commissioner Spehar Yes Mayor McCoy No Motion carried. COMMISSIONERS' ITEMS Donald Craig of the Craig Company, addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval to refer to Staff and the Planning Commission to review as an amendment to Section 9.5-4(A-5) and (M-10), and Section 9.5-266(a), (b), and (c), Monroe County Code; revising the definition of affordable housing, amending eligibility requirements, and providing a family size calculation for rental units. Upon approval from the Planning Commission, this amendment will be brought to a Public Hearing before the Board of County Commissioner for input on the proposed Ordinance. Roll call vote was unanimous. COUNTY ADMINISTRATOR Mr. Roberts advised the Board that the Monroe County Grants Administrator had identified a Grant with the State through the Department of Health to assist in providing primary health care services for lower income people as part of the Rural Health Network. Mr. Roberts indicated that there are problems with the deadline submission. Mr. Roberts discussed with the Board action, if necessary, in reference to the proposed capital bond for the purpose of moving ahead with a wide variety of capital needs in the County. No official action was taken by the Board. Mr. Roberts informed the Board that he had just received word that the State was distributing the County's Grant Application concerning primary health care services for lower income people as part of the Rural Health Network, and that they were reviewing it as part of the review process. 10/16/02 2002/290 WASTEWATER ISSUES Mr. Roberts updated the Board concerning wastewater management projects and issues and the Florida Keys Aqueduct Authority. The Board returned to the discussion concerning adoption of a Resolution amending Resolution No. 400-2002 requesting local, state and federal representatives to pursue all available funds for wastewater and stormwater improvements identified in the Monroe County Master Wastewater and Stormwater Plans, and to consider the most effective means to secure, administer and disperse such funding. Mr. Roberts addressed the Board and offered the following wording change: Page 2, Section 1. The BOCC requests that State Representative Ken Sorenson, Governor Jeb Bush, Congresswoman Ros-Lehtinen, Senator Graham, Senator Nelson and representatives of the Florida Keys Intel Intergovernmental Task Force, including the County, convene to dete..n ne the develop a consensus of the most effective way for local, state and federal funds to be secured, administered and dispersed for purposes of wastewater and stormwater infrastructure improvements. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Jimenez to adopt the following Resolution, as revised. Nancy Klingener, representing The Ocean Conservancy addressed the Board. Roll call vote was taken with the following results: Commissioner Jimenez Yes Commissioner Nelson No Commissioner Neugent Yes Commissioner Spehar Yes Mayor McCoy No Motion carried. RESOLUTION NO. 467-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution, as revised, requesting Monroe County's Congressional Delegation to request a $500,000 appropriation from Congress in order to leverage local and state investments in waste and stormwater improvements. Said revision is as follows: Page 2, Section 1. Monroe County's congressional delegation Senator Bob Graham and Senator Bill Nelson and Congresswoman Ileana Ros-Lehtinen are hereby requested to work to obtain an FY 03 appropriation of $500,000 for the U.S. Army Corps of Engineers to assure that local and state funds will be counted as nonfederal matching share, and Page 2, Section 2. Monroe County's congressional delegation Senator Bob Graham and Senator Bill Nelson and Congresswoman Ileana Ros-Lehtinen are further requested to advise i 10/16/02 i 2002/291 I local government leaders on the best strategy for obtaining part or all of the remainder, of the authorized funds in FY 04. Roll call vote was unanimous. RESOLUTION NO. 468-2002 Said Resolution is incorporated herein by reference. The Board returned to their update concerning wastewater management projects and issues and the Florida Keys Aqueduct Authority. Executive Director of the Monroe County Land Authority Mark Rosch discussed the proposed Conch Key Pump Station site. Paul Feldman, Director of Environmental Services of the Florida Keys Aqueduct Authority; Mr. McGarry, and Mr. Garrett addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar to proceed with the smallest plant available with a vacuum station, which meets requirements, that it be on a contiguous location on the bay side of Conch Key and that it be as aesthetically pleasing as possible. Roll call vote was unanimous. Mr. McGarry and Mr. Garrett addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar to adopt the following Resolution rescinding Resolutions 039-2002 and 040-2002 which designated Conch Key and Duck Key as coldspots under Chapter 15.5 Monroe County Code. Roll call vote was unanimous. RESOLUTION NO. 469-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the following documents in connection with the County's acceptance of title to FDOT right-of-way on Conch Key for a wastewater treatment plant site: Quit Claim Deed - Public Purpose, Parcel No.: 6015 between Monroe County and the State of Florida Department of Transportation. Lease Assignment between Monroe County, the Florida Department of Transportation; and Robert W. Lyne and Carolyn A. Lyne. Lease Agreement between Monroe County and Timothy John Woods and Barbara Ann Woods. Mr. Rosch addressed the Board and discussed a revision to the above Quit Claim Deed, as follows: Page 1, REVERTER - The property herein described is to be used for wastewater treatment plant site, volunteer fire department_ local road_ and ancillary public puMo e . by the Party of the Second Part. If the property ceases to be used for the above described purpose all property rights shall revert back to the said Party of the First Part. I I I 10/16/02 12002/292 Roll call vote was unanimous, including the revision. The Board discussed approval to acquire sites for a wastewater treatment plant and vacuum/pump station to serve the Bay Point and Saddlebunch communities. The following individuals addressed the Board: Alice Steryou, representing Knuckleheads; Paul Feldman, Director of Environmental Services of the Florida Keys Aqueduct Authority, and Mr. Rosch addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to rescind the Board's previous decision in siting the treatment plant at BlueWater R.V. Park and move forward with the willing seller of Block 2, Lots 11 and 12, Bay Point Amended Plat for a treatment plant. The Board continued to accept public input with the following individuals addressing the Board: Attorney Nicholas W. Mulick, representing Blue Water R.V. Park; Karl Graf, Gary Parker, Harry Schaeffer, Eileen Fesco, and Mark Wolfe. Roll call vote was unanimous. Mr. Roberts addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an Agreement for the purchase of land for a treatment plant at Block 2, Lots 11 and 12, Bay Point Amended Plat between Monroe County and Gary Teplitsky, Irving Teplitsky and Lynn Teplitsky, in the amount of $80,500. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Commissioner Jimenez to adopt the following Resolution concerning an Amendment to the Joint Resolution of the Monroe County Board of County Commissioners (Resolution No. 349-2002) and the Florida Keys Aqueduct Authority (Resolution No. 02-25) relating to the provision of wastewater facilities in the Key Largo area of Monroe County, Florida; Providing for a commitment to the Florida Department of Environmental Protection (FDEP) to preserve and secure certain grant funding for a wastewater project in the Key Largo area providing for required funding by Monroe County for the project's planning/design; Providing for the County's SHIP Program support; Providing for the development of a critical events schedule acceptable to FDEP in order to implement a wastewater project in the Key Largo area; Providing for transition to the Governing Board of the Key Largo Wastewater Treatment District; Providing that this Joint Resolution be deemed an Interlocal Agreement pursuant to Section 163.01, Florida Statutes; and Providing an effective date. Motion carried unanimously. RESOLUTION NO. 470-2002 Said Resolution is incorporated herein by reference. The first of two Public Hearings was held concerning adoption of an Ordinance amending Sections 9.5-243 (Destination Resort District), 9.5-244 (Recreational Vehicle District), 9.5-248 (Mixed Use District), and 9.5-250 (Maritime Industrial District) to permit public wastewater treatment facilities as a major conditional use; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance 10/16/02 j 2002/293 ,I to the Florida Department of Community Affairs; and providing an effective date. There was no public input. (2nd Public Hearing to be held November 20, 2002 in Key Largo). The second of two Public Hearings was held concerning adoption of an Ordinance amending Chapter 9.5, Monroe County Code by creating Division 17 and Section 9.5-435 through 9.5-438, Monroe County Code, in order to regulate the potential adverse secondary effects of sexually oriented businesses on surrounding land uses; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 027-2002 Said Ordinance is incorporated herein by reference. GROWTH MANAGEMENT DIVISION Motion was made by Commissioner Jimenez and seconded by Commissioner Neugent to accept the Growth Management Litigation Report dated October 16, 2002, from Attorney Karen K. Cabanas, of the firm Morgan & Hendrick. Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida 'Q " C- . L� Isabel C. DeSantis, Deputy Clerk