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12/18/2002 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2002/323 Regular Meeting Board of County Commissioners Wednesday, December 18, 2002 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 Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner George Neugent, Commissioner David P. Rice, and Mayor Dixie Spehar. 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 Presentation of an Appreciation Plaque to Alice Skinger, upon her retirement, after over twenty years of service as Chairman of the Monroe County Public Library Advisory Board. Mayor's Proclamation proclaiming December 21, 2002 as National Homeless Persons Memorial Day (to remember those homeless persons, who have died on our nation's streets or shelters as -a result of hypothermia, poverty, accidents, murders, AIDS, TB and etc.). James Roberts, County Administrator announced that he had received communication from Congresswoman Ros-Lehtiten's office concerning a meeting that is scheduled for Friday, December 20, 2002 at 11:00 A.M. at Hawk's Cay Resort in Marathon concerning wastewater funding. Commissioner Yvonne Harper from the City of Layton and as their appointee to the Wastewater Task Force addressed the Board. After discussion, Mayor Spehar called for a Special Meeting for Friday, December 20, 2002 at 11:00 A.M. at Hawk's Cay Resort in Marathon. 'BULK APPROVALS Motion was made by Mayor Spehar and seconded by Commissioner Neugent granting approval of the following items: I 12/18/2002 2002/324 Board granted approval to terminate Lease with Inspector Luis A. Vega, Jr. and approval to enter into a one-year Lease Agreement with a Deputy appointed by the Monroe County Sheriff to reside at the modular home in Bernstein Park. Board granted approval to waive purchasing policies and issue a Purchase Order to Siemens Building Technologies, Inc. for $27,750 to upgrade the Firefighters Smoke Control Station at the Detention Facility on Stock Island. Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval of Management Plan to administer the Accelerated Capital Improvements Plan, per Staff recommendation of two new positions: 1) Project Manager level 10, and 2) Construction Inspection Supervisor level 9. Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and A. Herrmann Associates, Inc., DBA Associates Roofing, for the Marathon Courthouse Roof Replacement project, and waiver of a technicality of the submission after the sealed were opened of a supplementary form requested in the RFB but not affecting the base bid. Board granted approval to remove surplus equipment from inventory via removal, disposal, and trade. Said list is incorporated herein by reference. Board adopted the following Resolution authorizing James R. "Reggie" Paros to execute on behalf of Monroe County, satisfactions of lien relating to the special assessment for solid waste collection and disposal. RESOLUTION NO. 547-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Contract between Monroe County and Adaptive Engineering LTD to provide a disabled passenger device for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 02/03-8 between Monroe County and URS to implement the Airports Disadvantaged Business Enterprise Program. Board granted approval and authorized execution of a Contract between Monroe County and JACO Airfield Construction, Inc. for airfield guidance signs and west apron lighting plan at the Key West International Airport. Board granted approval and authorized execution of a Contract between Monroe County and Quality Communications of Florida, Inc. DBA Quality Communications Fire & Security, Inc. 12/18/2002 2002/325 to provide Security/Safety Items - Phase H: Proxy Card, Terminal Baggage Security Doors, Automatic Gate 4 Modification, Closed Circuit TV System, and Security/Fire Alarm System for the Key West International Airport. Board granted approval to solicit proposals for a Tax Anticipation Note for the Breezeswept Beach Estates Municipal Service Culvert District in an amount not to exceed $137,000 + interest. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and Amending Resolutions: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 548-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 549-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 426-2002 (OMB Schedule Item No. 3). RESOLUTION NO. 550-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 389-2001 (OMB Schedule Item No. 4). RESOLUTION NO. 551-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 552-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 553-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 554-2002 Said Resolution is incorporated herein by reference 12/18/2002 2002/326 ( Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO.555-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 556-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 557-2002 Said Resolution is incorporated by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 558-2002 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 559-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 560-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 561-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 562-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 206-2002 (OMB Schedule Item No. 16). — , RESOLUTION NO. 563-2002 Said Resolution is incorporated herein by reference. 12/18/2002 2002/327 Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 564-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 565-2002 Said Resolution is incorporated here in by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO.566-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 567-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 568-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 569-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 570-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 571-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 435-2002 (OMB Schedule Item No. 25). RESOLUTION NO. 572-2002 Said Resolution is incorporated herein by reference. 12/ 18/2002 i 2002/328 Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 573-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 574-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 360-2002 (OMB Schedule Item No. 28). RESOLUTION NO. 575-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO.576-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 577-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 578-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 579-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 580-2002 Said Resolution is incorporated herein by reference. Board granted approval of the document entitled Monroe County Public Library Annual Plan of Service for the Year 2003, submitted by Norma Kula, Director of Libraries, dated November 26, 2002. 12/18/2002 2002/329 Board granted approval and authorized execution of the Older Americans Act Standard Fixed Rate Contract No. AA-329 - 2003 (1/1/03-12/31/03) between Monroe County and Alliance for Aging, Inc. to provide funding for Nutrition and In -Home Services, and for Mayor to sign the IV.B. Match Commitment of Cash Donation. Board granted approval and authorized execution of Amendment 004 to Contract AA-229 (1/1/02-12/31/02) between Monroe County and the Alliance for Aging, Inc. to increase the amount of Contract by an additional grant award amount of $8,762. Board granted approval and authorized execution of a Contract (Agreement) for Food Service between Monroe County and GA Food Service, Inc. for the contract year, January 1, 2003 - December 31, 2003, with the option to renew service agreement for one or two more additional years. Board granted approval to solicit a request for qualifications for services related to financial planning and policy development and services related to debt issuance. Board granted approval to extend services from Environmental Insurance Services on a month to month basis for the Pollution Liability. Board granted approval of an easement with the Botanical Gardens for ingress, egress, parking, signage and sewer line at the Public Service Building on Stock Island, subject to County Engineer and County Attorney preparing appropriate easement documents with legal description. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Exclusive Sports Marketing covering Publix Family Weekend on August 16 - 17, 2003 in an amount not to exceed $20,000. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Key West Investment Syndicate, Inc. covering the APBA Marathon Offshore Grand Prix on May 15 - 18, 2003 in an amount not to exceed $90,712. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Key West Investment Syndicate, Inc. covering the APBA Offshore Worlds Power Boat Races on November 17 - 23, 2003 in an amount not to exceed $85,000. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Key West Symphony Orchestra, Inc. to allow for a change in schedule. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Mel Fisher Maritime Heritage Society, Inc. to extend Agreement until March 15, 2003. 12/18/2002 2002/330 Board granted approval of a new District III member to the KADO Dive Umbrella. The members are as follows: KADO President Gloria Teague; District 1 - CeCe Roycraft/Dive Key West; District 2 - Maryanne Rocket/Underseas Inc.; District 3 - Sally Billiter/Tilden's Dive Center; District 4 - Gloria Teague/Lady Cyana Divers; District 5 - Todd Firm/Keys Diver. DIVISION OF PUBLIC WORKS Board granted approval to remove fill at the end of Pine Way, Palm Villa Subdivision, Big Pine Key, as mitigation for the Habitat for Humanity Project. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution that the Allocation of Non -Residential Floor Area for Year 11 be limited to applications of 2,500 square feet or less and that sixteen thousand square feet be made available in two allocations, the first allocation of eight thousand square feet on February 1, 2003 and the remainder to be held in reserve for the second allocation period of July 1, 2003. RESOLUTION NO. 581-2002 Said Resolution is incorporated herein by reference. Board granted approval of an Intensity Reduction Restrictive Covenant Non -Residential from Heriberto Paez to limit the floor area ratio of the described property to a maximum of twenty-three percent (23%) for a period of ten (10) years; Permit No. 02-1-2085, for property described as Part of Lot 3, Ramrod Shores Marina, Ramrod Key. The applicant is receiving a non-residential floor area allocation award for the year ending July 13, 2002 and has filed the document in accordance with Ordinance No. 32-2001. Board granted approval of an Intensity Reduction Restrictive Covenant Non -Residential from Frank Holtry to limit the floor area ratio of the described property to a maximum of twenty-three percent (23%) for a period of ten (10) years; Permit No. 96-1-1568, for property described as Lots 1 & 42, Block 1, Cudjoe Ocean Shores, Cudjoe Key. The applicant is receiving a non-residential floor area allocation award for the year ending July 13, 2002 and has filed the document in accordance with Ordinance No. 32-2001. Board granted approval of an Intensity Reduction Restrictive Covenant Non -Residential from Pamela Sante, Trustee to limit the floor area ratio of the described property to a maximum of twenty-three percent (23%) for a period of ten (10) years; Permit No. 95-3-1788, for property described as Lot 5, Block 3, Harbor Shores, Key Largo. Board adopted the following Resolution confirming the administrative boundary interpretation of the Director of Planning and Environmental Resources in Land Use District Map Boundary Interpretation Number 108 regarding a part of Lot 16, Summerland Estates, Summerland Key, Monroe County, Florida, at approximately mile marker 25, and having the following real estate number: 00200600-000600. 1 12/18/2002 1 2002/331 'I RESOLUTION NO. 582-2002 Said Resolution is incorporated herein by reference. Board granted approval to provide up to $20,000 from the Boating Improvement Fund (BIF) to the City of Marathon for the purchase of a utility vessel. Board granted approval per Staff recommendation of engineering firms and direction to negotiate a Contract with the top firm, or the second and third firms successively if negotiations fail, for completion of a Keys -wide boat ramp design and permitting project. Board granted approval for the transfer of one buildable lot from Padro J. & Olga Adrian to Monroe County by Warranty Deed, Permit No. 01-1-3334, for property described as Lot 12, Block 5, Ramrod Shores, Ramrod Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Michael A. & Rosemary Z. Lang to Monroe County by Warranty Deed, Permit No. 00-1-2486, for properties described as Lot 1, Block 16, Eden Pines Colony, Big Pine Key; and Lot 1, Block 21, Sands Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of three buildable lots from Richard E. & Wanda Spencer to Monroe County by Warranty Deed, Permit No. 02-1-2633, for property described as Lot 4, 5 & 6, Block `A', Kinercha, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of five building lots from Paul G. Adams to Monroe County by Warranty Deed, Permit No. 02-1-2587, for properties described as Lot 22, Block 5, Ramrod Shores Marina Section, Ramrod Key; Lot 21, Block 5, Ramrod Shores Marina Section, Ramrod Key; Lot 4, Block 15, Eden Pines Colony, Big Pine Key; Lot 3, Block 8, Eden Pines Colony 1 st, Big Pine Key; and Lot 11, Block 8, Roger Lowe's, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the documents in accordance with Ordinance No. 47-1999. Board granted approval to transfer one buildable lot from Franklin G. Land to Monroe County by Warranty Deed, Permit No. 01-1-3334, for property described as Lot 19, Block 24, Eden Pines Colony 3rd Addition, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the documents in accordance with Ordinance No. 47-1999. MONROE COUNTY COURT ADMINISTRATION Board granted approval and authorized execution of a Renewal Agreement bitween _ �i 12/18/2002 1 2002/332 Monroe County and Irwin S. Morse, MD d/b/a Town Square Mall, for approximately 400 feet of office space, for Drug Court Program, starting January 16, 2003. The rent is increased by the CPI-U for the most recent twelve months available (2.0%). Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Irwin S. Morse, MD d/b/a Town Square Mall, for 450 feet of office space, for Guardian ad Litem Program, starting January 1, 2003. The rent is increase by the CPI-U for the most recent twelve months available (2.0%). COMMISSIONERS' ITEMS Board granted approval of Commissioner Rice's appointment of Kathleen Fischer to the Library Advisory Board, date term expires January 1, 2007, replacing Alice Skinger who has resigned the post. Board granted approval of Commissioner Rice's appointment of Nancy Perez Miller to the Art In Public Places Committee, date term expires January 1, 2005, replacing Michael Bier whose term has expired. Board granted approval of Commissioner Rice's appointment of Daryle Osborn to the Construction Adjustment and Appeals Board, date term expires April 1, 2004, fulfilling the term of Michael Bier who has resigned. Board granted approval to use the County owned property on Stock Island that is adjacent to Bayshore Manor and the Key West Botanical Gardens for a fund raiser, contingent upon meeting all County insurance, safety and security requirements. COUNTY CLERK FINES & FORFEITURES Court Reporter Services, Amy Landry Reporting, in the amount of $830.55; Associated Court Reporters, in the amount of $7,684.80; Barbara J. Grant, in the amount of $80.50; Catuogno Court Reporting, in the amount of $379.45; Cheryl McDonough, in the amount of $25.10; Court Reporters of Key West, in the amount of $567.50; Esquire Deposition Service, in the amount of $181.00; G & M Court Reporters, LTD, in the amount of $705.85; Martin Leshaw, in the amount of $50.00; Monroe County Court Reporting, in the amount of $6,160.75; Suzanne Ex d/b/a All Keys Reporting, in the amount of $407.50. Competency Evaluation, A. Louis Oconnor PHD, in the amount of $350.00; James W. Holbrook EDD, in the amount of $600.00. Court Interpreter, Alex Diaz, in the amount of $790.00; Claudia M. Hancock, in the amount of $505.00; Estrella Garcia, in the amount of $280.00; Grace Krulasik, in the amount of $25.00; Jacob Zucker, in the amount of $40.00; Joanna Nucun, in the amount of $50.00; Maria Luisa Davis, in the amount of $150.00;.Mario Baldatti, in the amount of $95.00; Marketa Trnka, in the amount of $25.00; Martha Hernandez, in the amount of $360.00; Omni Lingual Services Inc., in the amount of $135.00; Sergio Alvarez, in the amount of $232.50. Witness , 12/18/2002 ;j 2002/333 I Coordination, Witness Payroll, in the amount of $115.00; Witness Travel & Per Diem, in the amount of $2,846.70. Expert Witness, Michael Maher MD, in the amount of $4,243.00; Swope Reconstruction, in the amount of $300.00. Court Appointed Attorney Fees - Conflict, Christine Bollong, in the amount of $1,406.25; Halford Schuhmacher Esq, in the amount of $2,040.00; Howard Sohn PA, in the amount of $2,415.00; Jeffrey B. Meyer, in the amount of $873.75; Michael R. Barnes, in the amount of $1,200.00; Monica Matthews Santana, in the amount of $1,335.00; Peary Fowler, in the amount of $2,050.94; Richard Fowler, in the amount of $2,380.35; The Margalli Law Office, in the amount of $1,581.25; W.J. Heffernan, Jr., in the amount of $2,024.00. Other Services Circuit, Avis Rent A Car System, Inc., in the amount of $225.71; David J. Nozick, in the amount of $583.42; David Burns Investigations Inc., in the amount of $537.50; Debart Services, in the amount of $45.00; JM Investigations Inc., in the amount of $117.00; State of Florida/Nozick, in the amount of $941.50. Miscellaneous Expenses, State of Florida, in the amount of $711.75. Extraditions, Monroe County Sheriffs Department, in the amount of $22,770.98. WARRANTS Board approved the following Warrants (#203972-204128 & 75340-76500): General Fund (001), in the amount of $1,472,528.81; Sup to General Revenue (002), in the amount of $25,248.80; Fine & Forfeiture Fund (101), in the amount of $2,594,539.83; Road and Bridge Fund (102), in the amount of $40,756.91; Law Library Fund (103), in the amount of $3,162.15; TDC District Two Penny (115), in the amount of $163,534.87; TDC Admin & Promo 2 Cent (116), in the amount of $248,567.25; TDC District 1,3 Cent (117), in the amount of $103,608.94; TDC District 2,3 Cent (118), in the amount of $6,999.14; TDC District 3,3 Cent (119), in the amount of $659.51; TDC District 4,3 Cent (120), in the amount of $55,037.51; TDC District 5,3 Cent (121), in the amount of $5,853.65; Gov. Fund Type Grants (125); in the amount of $188,019.43; Fire & Amb Dist 1 L&M Keys (141), in the amount of $96,880.56; Upper Keys Health Care (144), in the amount of $15,498.58; Fire & Amb Dist 6 Key Largo (146), in the amount of $26,472.15; Uninc Svc Dist Parks & Rec (147), in the amount of $32,611.69; Plan, Build, Zoning (148), in the amount of $62,449.23; Municipal Policing (149), in the amount of $240,257.96; 911 Enhancement Fee (150), in the amount of $5,051.29; Duck Key Security (152), in the amount of $5,858.77; Local Housing Assistance (153), in the amount of $31,784.58; Boating Improvement Fund (157), in the amount of $9,855.00; Misc. Special Revenue Fund (158), in the amount of $4,252.58; Lsw Enforcement Trust (162), in the amount of $600.00; 1 Cent Infra Surtax (304), in the amount of $281,592.10; Card Sound Bridge (401), in the amount of $60,570.16; Marathon Airport (403), in the amount of $401,153.12; Key West Intl Airport (404), in the amount of $690,198.89; MSD Solid Waste (414), in the amount of $931,927.40; Worker's Compensation (501), in the amount of $14,102.86; Group Insurance Fund (502). in the amount of $118,759.07; Risk Management Fund (503), in the amount of $5,082.70; Fleet Management Fund (504), in the amount of $91,670.49. 12/18/2002 2002/334 TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of November 2002: Advertising, in the amount of $157,620.67; Visitor Information Services, in the amount of $38,333.32; Events, in the amount of $109,186.00; Office Supplies & Oper Costs, in the amount of $28,479.44; Personal Services, in. the amount of $61,160.36; Public Relations, in the amount of $43,877.66; Sales & Marketing, in the amount of $51,891.85; Telephone & Utilities, in the amount of $13,083.54; Travel, in the amount of $7, 831.29. COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Consulting Agreement between Monroe County and Commonwealth Consulting Corporation for continuing consulting services. Board granted approval and authorized execution of an Amendment to Consulting Contract between Monroe County and Mitchell & Reyes, Inc., extending the expiration date to January 31, 2004, and updating the firms' address. Board adopted the following Resolution accepting the proposal of Suntrust Bank to provide the County with a loan in an aggregate principal amount of $4,143,945.49 in order to refund all of the outstanding Monroe County Municipal Service District Refunding Improvement Bonds, Series 1991; authorizing the issuance of the Monroe County Solid Waste Disposal System Refunding Revenue Note, Series 2002 to evidence such loan; pledging the gross revenues of the County's Solid Waste Disposal System and certain other funds to pay the Series 2002 Note; providing certain terms and details of the Series 2002 Note; making certain covenants and providing certain rights to the holder of the Series 2002 note; authorizing the delivery and execution of an escrow deposit agreement and the appointment of an escrow agent thereto; and providing an effective date. RESOLUTION NO. 545-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution amending and supplementing Resolution No. 170-1993 entitled: AA Resolution of the Board of County Commissioners of Monroe County, Florida, providing for the advance refunding of the outstanding Improvement Revenue Bonds, Series 1988A and Series 1988B, of the County; authorizing the issuance of not exceeding $7,500,000 Refunding Revenue Bonds Series 1993, of the County to finance the cost thereof, providing for the payment of such bonds from the first and second guaranteed entitlements of the County to state revenue sharing trust funds; making certain covenants and Agreements in connection therewith; and providing an effective date"; accepting the proposal of Suntrust Bank to provide the County with a loan in an aggregate principal amount of $3,495,143.63 to refund all of the County's outstanding Monroe County, Florida refunding Revenue Bonds, Series 1993; authorizing the issuance of the Monroe County, Florida guaranteed entitlement refunding revenue note, Series 2002 in order to secure such loan; pledging the County's first and second, guaranteed 12/18/2002 � 2002/335 entitlement funds and certain other funds to pay the Series 2002 Note; providing certain terms and details of the Series 2002 Note; making certain covenants and providing certain rights to the registered owner of the Series 2002 Note; authorizing the delivery and execution of an escrow deposit Agreement and the appointment of an escrow agent thereto; making certain amendments to Resolution No. 170-1993; and providing an effective date. RESOLUTION NO. 546-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement for Disclosure Counsel Services between Monroe County and Bryant, Miller and Olive, P.A. for the issuance of debt obligations. Board adopted the following Resolution authorizing the conveyance of real property in Port Pine Heights Subdivision to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. RESOLUTION NO. 583-2002 Said Resolution is incorporated herein by reference. Board granted approval to inform the State of Florida that Monroe County will not be utilizing fees from the Choose Life specialty license plates. COUNTY ATTORNEY Board adopted the following Resolution disclaiming any interest of Monroe County in a tract of land east of Block 51, Sands Subdivision, Big Pine Key, Monroe County, Florida. RESOLUTION NO. 584-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Lease Buy Out Agreement between Monroe County and Lower Keys Artists Network, Inc. for the Big Pine Key Library to expand its existing space into the adjacent space in the Big Pine Key Shopping. Center in order to provide adequate library services. Board adopted the following Resolution to use the uniform ad valorem method for the collection of assessments in the Breezeswept Beach Estates Subdivision Municipal Service Culvert District and stating the reason therefor. RESOLUTION NO. 585-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the appointment of alternate Code Enforcement Special Masters and the compensation therefore, and granted approval and I 12/18/2002 ! 2002/336 I authorized execution of Professional Services Contracts between Monroe County and the following for same: Thomas Wright, Richard Fowler, and Brandon Dimando. RESOLUTION NO. 586-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution revising Resolution No. 025-2002, in order to correct a scrivener's error in the legal description of abandoned portions of Lots 7 and 8, Morris Avenue, Cross Key, Key Largo, Monroe County, Florida. RESOLUTION NO. 587-2002 Said Resolution is incorporated herein by reference. Board granted approval of a Settlement Agreement in the amount of $56,500.00 in the case of Coltec Engineering v. Monroe County, Case No. CA-K-02-260. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Commissioner Rice recused himself from the following three items. Motion was then made by Commissioner Nelson and seconded by Commissioner Neugent to approve: Fiscal Year 2003 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds Agreement between Monroe County and Boys and Girls Club to implement a program that provides S.M.A.R.T. Gang Prevention, in the amount of $25,567.00. Fiscal Year 2003 Byrne State and Local Law Enforcement Formula Grants between Monroe County and the Florida Department of Law Enforcement for the project entitled Boys & Girls Club Street S.M.A.R.T. Gang Prevention II, 03-CJ-5A-11-54-01-107. Resolution authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the FY 02/03 Residential Substance Abuse Treatment for Prisoners Held in Local Correctional Facilities Grant Program (said Resolution authorizes the County Administrator to sign and submit the application). RESOLUTION NO. 588-2002 Said Resolution is incorporated herein by reference. Motion carried unanimously, with Commissioner Rice abstaining. DIVISION OF PUBLIC WORKS Mr. Roberts and County Engineer Dave Koppel addressed the Board concerning property 12/18/2002 2002/3 3 7 i ) on Cudjoe Key for emergency response services and office space. Property on US at Sarcama Drive on Cudjoe Key is available for lease or purchase. The developer is willing to design and/or build whatever facility the County needs. Currently the County needs a fire facility and office space for Growth Management. If we pursue this, the following will happen: 1) Fire Station will be constructed at this location instead of Cudjoe Gardens; 2) EMS Station will be moved to new location from Cudjoe Gardens; 3) Sheriff will get vacated EMS space at Cudjoe Gardens; 4) Growth Management will relocate staff from Marathon and Key West to this location to better serve lower keys; 5) Second Floor of Marathon Government Center currently occupied by Growth Management will be vacated and available for conversion into a dedicated EOC. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent to proceed with the matter. Motion carried unanimously. AIRPORTS Public Safety Director, Reggie Paros reported to the Board concerning status of the Florida Keys Marathon Airport's 139 limited certification. Mr. Paros also discussed general airport activities including capital improvement projects; apron expansions; 32 t-hangars; sheriffs hangar construction to begin in January; a fuel tank for Jet A fuel; relocating of 4 shade hangars; award of contract for the landscaping and improvements to the frontage road, and special events. Commissioner Neugent discussed skydiving events at the Florida Keys Marathon Airport. Key West Airport Manager Peter Horton updated the Board concerning the Cuban aircraft that landed at the airport illegally on November 11, 2002, and discussed the placing of a lien on the aircraft to cover security costs. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson authorizing the placement of a lien on the aircraft to cover the costs of guarding the plane. Motion carried unanimously. Commissioner McCoy requested status of the runway safety areas at the Key West International airport. Mr. Horton addressed the Board. Michael L'Engle Thompson, AICP, Senior Airport Planner, representing URS Corporation made a presentation of the document entitled Florida Keys Marathon Airport Master Plan Update Draft Report, URS, December 2002. Motion was made by Commissioner McCoy and seconded by Commissioner Rice granting approval of the Florida Keys Marathon Airport Master Plan. Motion carried unanimously. WASTEWATER ISSUES Commissioner Nelson discussed his item with the Board concerning a request from State Representative Ken Sorenson that the BOCC adopt a Resolution requesting his office to present a bill to the Florida House of Representative to remove the FKAA and the Key Largo Independent Elected Sewer Board from State Statute #120 for their potable water and wastewater activities. Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority; and Andy Tobin, Chairman of the Key Largo Wastewater District addressed the Board. After discussion, motion 12/18/2002 i 2002/33 8 was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution requesting that Monroe County's State Legislative Delegation remove from the legislation establishing the Florida Keys Aqueduct Authority and the Key Largo Wastewater Treatment District the requirement that decisions made by the Governing Boards of those entities must be pursuant to Chapter 120, Fla. Stat., the Florida Administrative Procedures Act. Motion carried unanimously. RESOLUTION NO. 589-2002 Said Resolution is incorporated herein by reference. DIVISION OF PUBLIC WORKS Linda Johnson, representing the Florida Department of Transportation - District Six made a presentation to the Board concerning the document entitled Florida Department of Transportation -District Six 2004-2008 Tentative 5-Year Transportation Plan for Monroe County. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson endorsing the document. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Timothy McGarry, Director Growth Management Division and Raj Shanmugam, PE, Senior Project Manager, representing URS Corporation made presentation to the Board on the Big Pine Key Cross Island Connector Study and selection of a preferred alignment(s). The following individuals addressed the Board: Kathryn Wheeler, Katie Lyons, Beth Fennell, representing Tropical Key Colony Subdivision; Les Faust, Sherry Phillips, John Scharch, H. Flagler, Don Bischoff, Larry Sullivan, representing the Big Pine Key Civic Association; Curtis Brown, Joel Rosenblatt, Attorney Henry Morgenstern, representing Florida Wildlife Federation; Helen Crockett, Cindy Cameron, Brian Roberts, Lynn Barry, Joseph Ambrose, representing Port Pine Heights Property Owner's Association; Debbie Harrison, representing World Wildlife Fund; Jim Cameron, Mick Putney, representing Key Deer Protection Alliance; Joyce Newman, Alicia Putney. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the #5 "No Build" Alternative which assumes that no cross -island connector is built and therefore has no attendant costs for construction. Roll call vote was unanimous. Bill Lowey, representing the Habitat for Humanity addressed the Board and gave his thanks to the Board, County Administrator, County Attorney and the community for all their support concerning the Halcyon Project on Big Pine Key. FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Charles "Sonny" 12/18/2002 iI 2002/339 McCoy, Commissioner George Neugent, Commissioner David P. Rice, City of Layton Alternate Kathleen Fischer and Vice -Chairperson Mayor Dixie Spehar. Motion was made by Commissioner McCoy and seconded by Commissioner Rice granting approval to purchase one 2003 Chevrolet Suburban 1500 from Garber Chevrolet, Inc. through Florida Sheriff s Association and Florida Association of Counties vehicle/equipment contract (02-10-0826) at low bid of $28,801. Motion carried unanimously. There being no further business, the meeting of the Board of Governors was adjourned. The Board of County Commissioners reconvened with all Commissioners present. AIRPORTS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval for Aerohio Skydiving Center, Inc. to hold a skydiving event at the Florida Keys Marathon Airport January 31, 2003 through February 4, 2003 with an option of a rain date February 7, 2003 through February 10, 2003, contingent upon meeting all FAA and County insurance, safety and security requirements. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Mr. McGarry reported to the Board concerning Beneficial Use for 21 properties on Big Pine Key. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent directing Staff, per the Director of Growth Management's Recommendation, to issue residential building permits in accordance with conditions of Resolution 263-2002 approving Beneficial Use for 21 properties on Big Pine Key. Motion carried unanimously. Mr. Hendrick referred the Board to the written Growth Management Litigation Report from Attorney Karen K. Cabanas of the firm Morgan & Hendrick, dated December 18, 2002. Mr. Hendrick also discussed the Tradewinds Hammock project. COMMISSIONERS' ITEMS Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the following two items: The rescinding of Board action from March 20, 2002 which granted approval and authorized execution of a Ground Lease Agreement between Monroe County and either Hangers On, Inc. or their successor, or as four (4) individual Agreements with Tim Bettis, Dick Ramsey, R. Daniel Zieg, and Robert Cayce to build enclosed hangars, contingent upon current litigation being withdrawn. 12/18/2002 2002/340 - Execution of Hangar Lease Agreement between Monroe County and Hangars On, Inc. for four (4) shade hangars located on the northeast side of the Marathon Airport property, contingent upon current litigation being withdrawn. Motion carried unanimously. Mr. Roberts discussed the issuance of Habitat for Humanity's permit by the Army Corp. of Engineers. Mr. Roberts reported to the Board concerning Monroe County assisting the City of Marathon with their transition period. Mr. Roberts updated the Board concerning the City of Key West applying for a Florida Communities Trust Grant for the purchase of 6 acres/Botanical Gardens. DIVISION OF PUBLIC WORKS County Engineer Dave Koppel discussed with the Board approval of a site plan for the Big Pine Key Community Park. The following individuals addressed the Board: Larry Sullivan, Mick Putney, representing Key Deer Protection Alliance; Steve Miller, representing Parks and Recreation Advisory Board; Scott Wade, representing Big Pine Little League; Vern Pokorski, Bob Mock, representing Parks and Recreation Advisory Board; Henry Morgenstern, representing William Mallers, Florida Wildlife Federation; Curtis Brown, James Bollini, representing Parks and Recreation Advisory Board (Chairman); John R. Russo, Lynn Barry, Kathy Wheeler, Sherry Phillips, Joyce Newman, Carol Fisher, representing Lower Keys Chamber of Commerce; Ann Haack, representing American Youth Soccer Organization; Debbie Harris, representing the World Wildlife Federation; and Carol Chappell. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent directing Staff to proceed with Scheme B, Alternate #4, with lights. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance declaring that an emergency exists and waiving notice by a four -fifths vote; amending Section 2 of Ordinance No. 022-2002 in order to provide that a surcharge of $9 shall be imposed on parking tickets to fund school crossing guards; providing that the surcharge is effective in the unincorporated areas of Monroe County; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 033-2002 Said Ordinance is incorporated herein by reference 12/18/2002 I 2002/341 I A Public Hearing was held concerning adoption of an Ordinance of the Board of County Commissioners of Monroe County, Florida, pursuant to Sec. 328.66, F.S., imposing a'Monroe County vessel registration fee; providing for the amounts of the vessel registration fee; providing for the collection of the vessel registration fee by the Monroe County Tax Collector; providing for the purposes for which the vessel registration fee may be spent; providing that the Monroe County Board of County Commissioners may enter into Interlocal Agreements with the Monroe County Municipalities for the distribution of the vessel registration fee among the Monroe County Board of County Commissioners and the municipalities; 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 following individuals addressed the Board: Debbie Harrison, representing World Wildlife Fund; Richard Grathwohl, representing Marathon Guides Association; H.T. Pontin, Nancy Klingener, representing the Ocean Conservancy; and Joe Ambrose. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 034-2002 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution approving with conditions the request for administrative relief in the form of a Residential Building Permits made by John and Susan Maitner on the lot described as Block 8, Lot 3, Cahill Pines and Palms, Big Pine Key, real estate number 00245450.000000. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson. to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 590-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution approving the recommendation of the Planning and Environmental Resources Department to offer to purchase in response to the request for administrative made by Larry and Irene Malanga on the lot described as Lot 10, Eden Pines Colony First Addition, Big Pine Key, real estate number 00269840.000000. The Board accepted public input with the following individual addressing the Board: Irene Malanga. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to table the matter to the Key West Board meeting on January 15, 2003 at 3:00 P.M. Motion carried unanimously. A Public Hearing was held concerning adoption of a Resolution approving with conditions the request for administrative relief in the form of a residential building permits made by Vincent Lentine on the lot described as Block 10, Lot 21, Cahill Pines and Palms, Big Pine Key real estate number 00246020.000000. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution. Motion - carried unanimously. 12/18/2002 2002/342 RESOLUTION NO.591-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution approving with conditions the request for administrative relief in the form of a residential building permit made by Jennifer Hock representing Michael J. Calder on the lot described as Block 4, Lot 42 Pine Channel Estates, Big Pine Key, real estate number 00248810.000000. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 592-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution stating the intent of the Monroe County Solid Waste Municipal Services benefit unit to levy and collect through the uniform non -ad valorem assessment procedure of Sec. 197.3632, FS, assessments on residential real property within the City of Marathon for the purpose of collecting and disposing of residential solid waste. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 593-2002 Said Resolution is incorporated herein by reference. WASTEWATER ISSUES A Public Hearing was held concerning adoption of an Ordinance creating the Marathon Municipal Service Taxing Unit located within the incorporated are of the City of Marathon, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.77 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. Mr. Roberts, Mayor John Bartus, representing the City of Marathon; and Attorney Bob Feldman, representing Florida Keys Aqueduct Authority addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 035-2002 Said Ordinance is incorporated herein by reference. COUNTY ADMINISTRATOR Mr. Roberts addressed the Board concerning approval of a revised capital improvement plan contingent upon the issuance of bonds and approval of revised allocation percentages for the _ capital improvement plan. Motion was made by Commissioner Neugent and seconded by 12/18/2002 2002/343 i Commissioner Nelson to table the item to the Key West Board meeting on January 15I, 2003. Motion carried unanimously. WASTEWATER ISSUES Mr. Roberts briefed the Board on wastewater management projects and issues, including funding and proposals for Municipal Service Taxing Units. Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority; Kerry Shelby, Assistant Department Director of Administration; Mr. Kolhage, and Mr. Hendrick addressed the Board. A Public Hearing was held concerning adoption of an Ordinance creating the Conch Key Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 036-2002 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance creating the Bay Point Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 037-2002 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance creating the Big Coppitt Key Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; defining the boundaries of the unit; authorizing the Board to annually levy ad valorem taxes within the boundaries of such unit not to exceed 0.70 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. There was no public input. Motion was made by Mayor Spehar and seconded by Commissioner Nelson to not adopt the Ordinance. After discussion, the motion was withdrawn by the maker. Motion was then made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 038-2002 i 12/18/2002 2002/344 Said Ordinance is incorporated herein by reference. George Garrett, Director of Marine Resources addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution concerning Amendment 2 to the Joint Resolution of Monroe County Board of County Commissioners (Resolution No. 349-2002) and 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 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 for an effective date. There was no public input. Motion carried unanimously. RESOLUTION NO. 595-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of an Interlocal Agreement between Monroe County and the Key Largo Wastewater District Board providing a $100,000 loan to the District for completion of wastewater projects. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution requesting that the Key West Resort Utility (KWRU) convert its wastewater treatment plant to meet AWT Standards (5531), that KWRU be allowed to recover construction and operation/maintenance costs above and beyond the utility fixed fee of $600 per EDU for making the conversion, and that KWRU obtain permits for the treatment plant upgrade as appropriate by no later than the January 1, 2007 deadline established in the County's Contract with KWRU. Mr. Roberts and Mr. Garrett addressed the Board. Roll call vote was unanimous. RESOLUTION NO. 596-2002 Said Resolution is incorporated herein by reference. Mr. Garrett addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy to not approve the submission of an EPA Grant Application in order to be eligible to receive decentralized wastewater utility funding. Motion carried unanimously. PUBLIC HEARINGS A Public hearing was held concerning adoption of an Ordinance amending Sections 12/18/2002 2002/345 9.5-316.1, 9.5-316.2, and 9.5-317, Monroe County Code; providing for reorganization; providing for definitions; providing for restrictive covenants; providing for severability; providing for the repeal of all Ordinance inconsistent herewith; providing for 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. Mr. Hendrick addressed the Board. The Board then accepted public input with the following individuals addressing the Board: Lloyd A. Good, Jr., representing Radik Hablicek; Simon Klein, and Bill Smith, representing Florida Keys Contractors Association. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neguent to continue the Public Hearing to the January 15, 2003 Board meeting in Key West at a time certain of 5:01 P.M. Motion carried unanimously. The second of two Public Hearings was held concerning adoption of an Ordinance approving the request by the Monroe County Department of Public Works to amend the Monroe County Future Land Use Map from Residential Medium (RM) to Public Facility (PF) for property located on U.S. #1 described as Lot 1, Cudjoe Gardens Eighth Addition, Plat Book 7, Page 16, Cudjoe Key, Monroe County, Florida approximate mile marker 21. The Board accepted public input with the following individual addressing the Board: John F. Muth, representing the Cudjoe Gardens Property Owner's Association. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance, as amended. Said amendment as follows: Lot 1, Block 23. Cudjoe Gardens Eighth Addition, Plat Book 7, Page 16, Cudjoe Key ,Monroe County, Florida Approximate mile marker 21. Motion carried unanimously. ORDINANCE NO. 039-2002 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held concerning adoption of an Ordinance amending the Monroe County Year 2010 Comprehensive Plan by amending Policy 101.4.23; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Year 2010 Comprehensive Plan; 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 Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 040-2002 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held concerning adoption of an Ordinance approving a request of the Monroe County Planning Department to amend the Monroe County Year 2010 Comprehensive Plan by extending the dates of completion of Objective 212.1, Policy 212.1.1, Policy 212.1.2 related to Shoreline Development; Object 2.13.1, Policy 213.1.1, Policy 213.1.2, Policy 213.1.4 related to Beach Access; Objective 401.1, Policy 401.1.1 related to mass transit; and Objective 1201.10, Policy 1201.10.1, Policy 1201.10.2 related to recreation and open 12/ 18/2002 '�ZI�III L�1_ 2002/346 ;I space. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously: ORDINANCE NO. 041-2002 Said Ordinance is incorporated herein by reference. The second of two Public Hearings or the "amendment" Hearing was held to adopt two Ordinances to repeal Policy 101.5.4-19 of the Year 2010 Comprehensive Plan and to repeal Section 9.5-122.3(a)(19) of the Monroe County Code elimnating modest housing point assignment in residential ROGO; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; and providing an effective date. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Ordinances. Motion carried unanimously. ORDINANCE NO. 042-2002 ORDINANCE NO. 043-2002 Said Ordinances are incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Neugent made a presentation to the Board concerning a request by the Florida Association of Counties in support of a resolution in objection to the shifting of Medicaid cost to the Counties. After discussion, the Board requested that the Mayor send a letter to State Representative Ken Sorenson concerning the item. Commissioner Neugent discussed a request concerning direction to Staff to research both indirect and direct expenses that Monroe County receives from being in an Area of Critical State Concern and report back to the Board. COUNTY ADMINISTRATOR Mr. Roberts addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the documents entitled: Various Other Appointments/Notes; 2003 Organization for Rotational Commissioner Attendance; and 2003 Appointments of Commissioners to Various Duties. Motion carried unanimously. Said listing of documents are incorporated herein by reference. Motion was made by Commissioner Nelson and seconded by Commissioner Rice appointing Mayor Spehar to the Florida Association of Counties Board of Directors, for a one year term l/l/03 - 12/31/03. Motion carried unanimously. Mr. Roberts and Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval and authorizing execution of an Employment Agreement, as amended, between Monroe County and John R. Collins, Esquire for employment in the capacity of County Attorney. Said amendment as follows: 12/18/2002 I 2002/347 Page 2 of 9: 2. Full Time Employment. Board and Attorney agree that the position of County Attorney will be a full-time position_ in , hatirs per year. Board and Attorney agree that the nature ofthe po�itiofl ofe0tinty Attem the serviees to be pefformed as Gounty Attarney do not lend themselves to a regular Mond thfatigh Ftiday Fatty hattr workweek. It will be the obligation of Atforney, however, to d Attorney. Work hours performed, annual leave, personal leave, and sick leave hours taken will be documents on a form or forms to be provided by Board. Board agrees that any period of probationary service that may be applicable to the position of County Attorney under the provisions of the county's Personnel Policies and Procedure Manual is hereby waived. Page 5 of 9: 9. Travel Reimbursement. Board agrees to pay to or reimburse Attorney for the costs of meals, other expenses and lodging incurred by Attorney that may be necessary, required, or appropriate in fulfilling Attorneys duties and responsibilities under this Agreement. Meals, other expenses and lodging will be paid for or reimbursed at the rates specified in Section 112.061, Florida Statutes. Rein+ttt:sefnents will be paid to Attemey not latei than the payroll date n following the subfrAssian of the minibursement feqttest. At its sole discretion, an upon request by Attorney, Board may authorize the reimbursement of Attorney's actual expenditures where documented evidence is provided detailing the actual expenses incurred. Motion carried unanimously. COUNTY ATTORNEY Mr. Hendrick made farewell comments to the Board for his tenure as County Attorney. WASTEWATER ISSUES Mr. Garrett addressed the Board a second time concerning the EPA Grant Application in order to be eligible to receive decentralized wastewater utility funding. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage, Clerk and ex-oiFicio Clerk to the Board of County Commissioners Monroe County, Florida aj-,-L c - C(/y��/ Isabel C. DeSantis, Deputy erk,