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06/20/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2001/165 Regular Meeting Board of County Commissioners Wednesday, June 20, 2001 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 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 Dixie Spehar, Commissioner Nora Williams, and Mayor George Neugent. Also present were Danny L. Kolhage, Clerk; Isabel DeSantis, Deputy Clerk; James Roberts, County Administrator; James T. 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 Spehar and seconded by Commissioner Williams granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for the Month of March, 2001, to Jeff Wilder, Chief Surveyor, Engineering Department, Public Works. BULK APPROVALS Motion was made by Commissioner Nelson and seconded by Commissioner Williams granting approval of the following items: Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the District Board of Trustees of Florida Keys Community College concerning EMS training to June 30,2002. Board granted approval and authorized execution of a Contract Agreement Addendum between Monroe County and Ocean Reef Volunteer Fire Department, Inc. concerning the assignment of radio communications equipment to the department. 06/20/01 2001/166 Board granted approval of a Request to Purchase to Welch Allyn Protocol, Inc., as sole source vendor, for the purchase of two (2) Propaq Encore Vital Signs Monitors, through EMS Rural Matching Grant MRG008, in the total amount of$26,694.75. Board granted approval and authorized execution of the E911 Phase I - Service Agreement between Monroe County and AT & T Wireless Services for compliance with the Federal Communications Commission (FCC) requirements for E911 Wireless Phase I implementation in Florida. Board granted approval and authorized execution of a Modification to Agreement between Monroe County and the Department of Community Affairs to provide funding for the purchase of emergency generators for selected hurricane shelters. Board granted approval and authorized execution of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity to Ocean Reef Volunteer Fire Department, Inc., d/b/a Ocean Reef Public Safety Department for the operation of an ALS Transport Ambulance Service. Board granted approval and authorized execution of a Memorandum ofPCS Site Agreement between Monroe County and Sprint Spectrum L.P. for a notice to be recorded in the Public Records of Monroe County in reference to the License Agreement for the West Summerland Key Tower facility. Board granted approval and authorized execution of a Memorandum ofPCS Site Agreement between Monroe County and Sprint Spectrum L.P. for a notice to be recorded in the Public Records of Monroe County in reference to the License Agreement for the Grassy Key Tower facility. Board granted approval and authorized execution of a Memorandum ofPCS Site Agreement between Monroe County and Sprint Spectrum L.P. for a notice to be recorded in the Public Records of Monroe County in reference to the License Agreement for the North Key Largo Tower facility. Board granted approval and authorized execution of a Contractual Services Agreement between Monroe County and the State of Florida, Department of Community Affairs concerning the Hazardous Material Plan Agreement #0ICP-11-11-54-22-025. Board granted approval to remove surplus equipment from inventory via disposal/destruction and advertising for bids and accepting bids. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Workforce/Welfare Transition Welfare to Work Preliminary Letter Contract between Monroe County and South Florida Employment and Training Consortium in order for Jim Malloch to continue his liaison duties. 06/20/01 2001/167 Board granted approval and authorized execution of a Workforce Investment Act Amendment to Youth Services Contract No. WIA- YS-PY'00-25-05 between Monroe County and South Florida Employment and Training Consortium increasing funds by $28,920. Board granted approval and authorized execution of the 2001 Florida Local Historical Records Grant Program State Historical Records Advisory Board Grant Application. Board granted approval and authorized execution of a Member Terms and Conditions Agreement, netlibrary eBooks Library Agreement, between Monroe County and netLibrary, Inc. for participation in the State Library of Florida program offering eBook access to libraries and their patrons. Board granted approval and authorized execution of a Solinet Subscriber Agreement between Monroe County and Southeastern Library Network, Inc. (SOLINET), a state contract vendor, for participation in the State Library of Florida program offering eBook access to libraries and their patrons. Board granted approval and authorized execution of a Standard Contract KG034 Community Care for Disabled Adults for Fiscal Year 7/1/01 through 6/30/02 between Florida Department of Children and Families, and the Monroe County Board of County CommissionerslMonroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval and authorized execution of Amendment 002 to Contract KC071 Community Care for the Elderly between Alliance for Aging, Inc., and the Monroe County Board of County CommissionerslMonroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval and authorized execution of a Subgrant Agreement between Monroe County and the National Council on the Aging, Inc. SCSEP PY 2001 - 2002, July 1, 2001 through June 30, 2002. Board granted approval to extend the Airport General Consulting Agreement between Monroe County and Greiner, Inc. on a month to month basis, pending Request for Qualifications, and new Contract. Board granted approval and authorized execution of a Lease Amendment between Monroe County and Avis Rent a Car System, Inc., for a Service Facility at the Key West International Airport. Board granted authorization for the County Administrator or his designee to complete and submit the online application for Local Law Enforcement Block Grant funds via Internet as required by U. S. Department of Justice, Bureau of Justice Assistance. 06/20/01 2001/168 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Funds: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 205-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 206-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 207-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 208-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 209-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 210-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 211-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 212-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 213-2001 06/20/01 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 214-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 215-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 216-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 217-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 218-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 219-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 220-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 221-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 222-2001 2001/169 06/20/01 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 223-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 224-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 225-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 226-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 227-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 228-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 229-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 230-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 27). RESOLUTION NO. 231-2001 2001/170 06/20/01 2001/171 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 232-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 233-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 234-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Application for General Motors vehicle discount certificates for which the County may be eligible to receive in connection with a General Motors Class Action Settlement. Board granted approval and authorized execution of an Agreement between Monroe County and the City of Key West concerning parking at Jackson Square. Board adopted the following Resolution authorizing the submission of the Small County Solid Waste Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2002. RESOLUTION NO. 235-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of the Litter Control and Prevention Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2002. RESOLUTION NO. 236-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of the Recycling and Education Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2002. RESOLUTION NO. 237-2001 Said Resolution is incorporated herein by reference. 06/20/01 2001/172 Board adopted the following Resolution authorizing the submission of the Solid Waste Tire Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2002. RESOLUTION NO. 238-2001 Said Resolution is incorporated herein by reference. Board granted approval to reject bids and re-advertise to retrofit the mechanical system at the Marathon Government Annex with a new fresh air pre-treatment unit. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the sewage treatment plant at the Marathon Government Center. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the sewage treatment plant at the Plantation Key Government Complex. Board granted approval and authorized execution of an Amended Agreement between Monroe County and Pepsi Cola to declare a terminated Agreement for the vending drinks at Harry Harris Park and Key Largo Community Park, and authorization to receive quotations from other vending companies. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Planned Parenthood of Greater Miami and the Florida Keys, Inc. for office space located at the Ruth Ivins Center in Marathon, and the Department of Health Clinic in Tavernier. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to rescind Purchase Order with Exeter Architectural Products for Key West Airport hurricane shutters. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Cayo Hueso Parking, Inc. for four (4) additional months. Board granted approval of payment of invoice from PACE Center for Girls, Inc. dated January 12,2001, in the amount of$6,326.19, covering the period from July 1 through September 30,2000, using funds added to the FY 2001 PACE Contract amount. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of disposition of inventory items for the month of June 2001, in the amount of $120,991.63. Said list is incorporated herein by reference. 06/20/01 2001/173 Board granted approval of revised agenda item previously approved at the April 18, 2001, Board meeting to include "40 position alarm" for $1,120.00, changing the total to $106,917.98. Said list is incorporated herein by reference. Board granted approval of expenditures from the Law Enforcement Trust Fund in the total amount of$30,412.00 for the following items: $3,000 This will pay the costs of sending four children with severe disabilities to Easter Seals' Camp Challenge. $5,000 This sum will continue to fund the "Sully" scholarships awarded by the Russ Sullivan Scholarship Committee at Florida Keys Community College. $2,540 These funds will support the Coral Shores High School cross-country team by purchasing timing devices, fitness chutes, uniforms and travel expenses. $12,400 This will be given to FKCC's College Reach Out Program, designed to provide academic support and enrichment activities to "at risk" youth in Monroe County. $5,000 This amount will help fund "Keys Kids" summer theater workshop. $7,472 This will purchase equipment for our regional Dive Team: three Viking dry suits to allow safe diving in contaminated waters, subsurface video equipment, and a three-unit underwater radio system to allow communication between divers and the shore. COMMISSIONERS' ITEMS Board granted approval of Commissioner Spehar's appointment of John Mertz as a member of the Key West Airport Ad Hoc Committee on Noise. Mr. Mertz will serve as the Representative from Old Town, fulfilling the term of Dean Rollings. Board granted approval of Commissioner Spehar's appointment of Dermot F. Walsh as the Alternate Member on the Key West Airport Ad Hoc Committee on Noise, fulfilling the term of Art Kara. Board granted approval of Commissioner Spehar's reappointment of Michelle Wisniewski to the Florida Keys Council for People with Disabilities. Board adopted the following Resolution in support of the Key West Marine Park. RESOLUTION NO. 239-2001 Said Resolution is incorporated herein by reference. 06/20/01 2001/174 Board granted approval of Commissioner Nelson's appointment of Stephen Foster Kurutz to the South Florida Resource Conservation and Development (SFRC & D) Council, replacing Sharon Macut as the Upper Keys Representative. Board adopted the following Resolution confirming the appointment of Dr. Jake Rutherford as the Director of the Monroe County Department of Health. RESOLUTION NO. 240-2001 Said Resolution is incorporated herein by reference. Board granted approval to direct Dr. Robert Foley, veterinarian, to put together a committee to work over the course of the next year to research the feral cat issue in Monroe County, with the aim of presenting both a report of that research and a suggested plan of action to the Board twelve months from now. Board granted approval of two construction projects to aid with hurricane evacuation. First, on C905 at US 1 in Key Largo, two lanes need to go north on C905. Second, the intersection of C905 and Card Sound Road can be made to function a little better by adding shoulder pavement to the inside of the curve going north. Board granted approval of appointments to the Art in Public Places Committee. They are as follows: Nance Frank, District 1; Lee Rohe, District 2; Ann Sunkel, District 3; Michael Bier, District 4; and Pete Bacheler, District 5. Board granted approval of Mayor Neugent's appointment of Teresa Walker to the Park and Recreation Advisory Board with term expiring 1/1/2005, replacing Tom Wright, who resigned. COUNTY CLERK WARRANTS Board approved the following Warrants (#048839-050469 & 200731-200930): General Fund (001), in the amount of$I,952,842.32; Sup to General Revenue (002), in the amount of$33,020.62; Fine & Forfeiture Fund (101), in the amount of$2,495,012.08; Road and Bridge Fund (102), in the amount of$508,807.01; Law Library Fund (103), in the amount of$6,099.57; TDC District Two Penny (115), in the amount of$197,858.73; TDC Admin & Promo 2 Cent (116), in the amount of$731,818.20; TDC District 1,3 Cent (117), in the amount of$68,291.88; TDC District 2,3 Cent (118), in the amount of$4,253.15; TDC District 3,3 Cent (119), in the amount of$13,169.67; TDC District 4,3 Cent (120), in the amount of$48,071.39; TDC District 5,3 Cent (121), in the amount of$54,437.23; Gov. Fund Type Grants (125); in the amount of $564, 158.17; Impact Fees Police Fac (134), in the amount of$283.50; Impact Fees Fire and EMS (135); in the amount of$3,600.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$62,386.92; Upper Keys Health Care (144), in the amount 06/20/01 2001/175 of$1O,961.58; Fire & Amb Dist 6 Key Largo (146), in the amount of$22,320.85; Uninc Svc Dist Parks & Rec (147), in the amount of$30,935.92; Plan, Build, Zoning (148), in the amount of $110,222.00; Municipal Policing (149), in the amount of$293,495.08; 911 Enhancement Fee (150), in the amount of$5,658.27; Duck Key Security (152), in the amount of$13,784.57; Local Housing Assistance (153), in the amount of$77,304.97; Boating Improvement Fund (157), in the amount of$1O,857.12; Misc. Special Revenue Fund (158), in the amount of $9,238.75; FL Keys Marine Marathon (159), in the amount of$15,023.36; 1 Cent Infra Surtax (304), in the amount of$620,978.51; Card Sound Bridge (401), in the amount of $6,198.93; Marathon Airport (403), in the amount of$68,275.29; Key West Inti Airport (404), in the amount of$801,625.12; MSD Solid Waste (414), in the amount of$I,013,670.55; Worker's Compensation (501), in the amount of$9,285.94; Group Insurance Fund (502), in the amount of $424,263.29; Risk Management Fund (503), in the amount of$513,888.18; Fleet Management Fund (504), in the amount of$89,397.25; Law Enforcement Trust Fund (600), in the amount of$22,571.45. FINES & FORFEITURES Court Reporter Services, All Keys Reporting, in the amount of$826.50; Amy Landry Reporting, in the amount of$359.00; Associated Court Reporters, in the amount of$I,610.50; Cheryl McDonough, in the amount of$235.75; Esquire Deposition Service, in the amount of $1,962.75; Florida Keys Reporting, in the amount of$30.00; Goldman, Naccarato, Patterson & Vela, in the amount of$396.25; JR Reporting Association, in the amount of$575.00; Lisa Roeser, in the amount of$60.75; Martin B. Leshaw, in the amount of$139.25; Monroe County Court Reporters, in the amount of$85.00; Rebecca 1. Wimer, in the amount of$40.25; Robins Reporting Service, in the amount of$486.00; Sharon Arnoult, in the amount of$445.00; Wendy L. McGarry, in the amount of$585.00. Competency Evaluation, A. Louis O'Connor PHD, in the amount of $700.00; Care Center for Mental Health, in the amount of $350.00; Guillermo Marcovici MD, in the amount of$450.00; James W. Holbrook EDD, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of$145.00; Ana M. Stults, in the amount of $253.62; Boryana Shipman, in the amount of$115.00; Claudia M. Hancock, in the amount of $320.00; Deaf Services Bureau, in the amount of$150.00; Estrella Garcia, in the amount of $195.00; Gilbert D. Mora, in the amount of$240.00; Grace Connors, in the amount of$105.00; Jenine Ouillette, in the amount of$25.00; Jiri Dolezal, in the amount of$135.00; Martha Hernandez, in the amount of$35.00; Mary Lou Waas, in the amount of$245.00; Sergio Alvarez, in the amount of$157.50. Witness Coordination, Witness Payroll, in the amount of$240.00; Witness Travel & Per Diem, in the amount of$5,275.93. Expert Witness Expenses, Dr. Charles 1. Golden, in the amount of$I,500.00; Wiley Mittenberg PHD, in the amount of$350.00. Court Appointed Attorney Fees - Conflict, Charles M. Milligan, in the amount of$386.25; Christine Bollong, in the amount of$412.50; Christopher Meyer, in the amount of$817.50; Halford Schuhmacher ESQ, in the amount of$2,167.00; Laurie Hall ESQ, in the amount of $2,010.45; Law Offices of Donald Yates, in the amount of$150.00; Leighton G. Morse, in the amount of $1,702.50; Merrell F. Sands III, in the amount of$1,664.70; Peary Fowler, in the amount of $682.50; The Margalli Law Office PA, in the amount of$I,737.50; Timothy Nicholas Thomes, in the amount of$l, 117.90; Victoria McFadyen, in the amount of$I,807.55. Competency Evaluations - Conflict, Care Center for Mental Health, in the amount of$100.00. Other 06/20/01 2001/176 Services Circuit, Ernest A. Traad II, in the amount of$100.75; State of Florida, in the amount of $189.34. Miscellaneous Expenses, Care Center for Mental Health, in the amount of$16.00; JeffieyK. Barton, in the amount of$879.34; State of Florida, in the amount of$28.65. Board officially approved the Board of County Commissioners minutes from the Regular Meetings of May 16 & 17,2001. Board granted approval of the following Tourist Development Council Expenditures for the month of May 2001: Advertising, in the amount of$702,363.55; Bricks & Mortar Projects, in the amount of $30,000.00; Chamber Payments, in the amount of$42,833.32; Events, in the amount of$47,996.74; Office Supplies & Oper Costs, in the amount of$31,037.76; Personal Services, in the amount of$77,202.35; Public Relations, in the amount of$59,874.32; Sales & Marketing, in the amount of$39, 142.88; Telephone & Utilities, in the amount of$15,349.91; Travel, in the amount of $20,268.47. COUNTY ATTORNEY Board granted approval and authorized execution of a Road Transfer Agreement between Monroe County and the City of Marathon in order to clarify prior Agreement. Board granted approval and authorized execution of two Florida Communities Trust Contracts in connection with the transfer of the Coco Plum Beach property to the City of Marathon. (1) Release from Conditions of Grant Contract, and; (2) Area of Critical State Concern Program Addendum to Grant Contract. Board granted approval and authorized execution of two Agreements as follow-up Agreements to facilitate the closing on the transfer of FCC licenses and consummation of agreed upon sale/purchase. (1) First Amendment to Asset Purchase Agreement between Monroe County and WEYS Television Corporation, and; (2) Escrow Agreement between Monroe County and WEYS Television Corporation and Borsari & Paxson. Board granted approval and authorized execution of an Administrative Law Judge Services Contract between Monroe County and State of Florida, Division of Administrative Hearings. Board granted approval and authorized execution of Interlocal Agreements extending the local option gas tax distribution. (1) Extension ofInterlocal Agreement between Monroe County and the City of Key West for an additional five years; (2) Interlocal Agreement between Monroe County and the City of Marathon for an additional three years, and; (3) Interlocal Agreement between Monroe County and Islamorada, Village of Islands for an additional three years. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS 06/20/01 2001/177 Commissioner Nelson discussed with the Board approval to advertise a Request for Qualifications to develop a master plan for Harry Harris Park. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to not approve the item. Motion carried unanimously. County Engineer Dave Koppel addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Mayor Neugent granting approval to award bid and enter into a Contract between Monroe County and General Asphalt Company in the amount of $204,493.12 for Key Largo Roads XV. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Community Services Director, James Malloch discussed with the Board the following reports: a) Duck-Key Breakwater Restoration Project Progress b) Miami-Dade Transit Bus Route Extension to MM 50 Progress c) Monroe County Youth Programs Report on Program Changes d) Monroe County One Stops Expansion e) Certified Public Manager (CPM) Program f) Senior Community Services Employment Program (SCSEP) g) GATO Moving Preparations Mr. Malloch informed the Board that there will be a study conducted of Social Services transportation by the Community Transportation Coordinator on August 20-22,2001. DIVISION OF PUBLIC WORKS Mr. Koppel reported to the Board concerning progress of the engineering work on Boot Key Bridge. Mr. Koppel also discussed with the Board status of materials ordered to implement the interim hurricane evacuation plan. Mayor Neugent excused himself from the meeting. Public Works Director Dent Pierce reported to the Board on recommendations concerning improvements to Harry Harris Park. After discussion, motion was made by Commissioner Nelson and seconded by Mayor Pro Tem Williams accepting the changes attached to the agenda item, and requesting Staff to report back to the Board with the appropriate information for an Ordinance change. The Board also adopted the following Resolution to the Florida Department of Transportation (FDOT) requesting that they remove the "Harry Harris Park" sign but leave the Burton Drive sign. Motion carried unanimously, with Mayor Neugent not present. RESOLUTION NO. 241-2001 06/20/01 2001/178 Said Resolution is incorporated herein by reference. Mayor Neugent returned to the meeting. The Board discussed approval of the renewal agreement between Monroe County and the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the Key West, Big Pine Key and Marathon Animal Shelters in the amount of$484,508.92 per year (3.3% CPI increase of$15,478.02 over last year's contract amount of$469,030.90). The Board accepted public input with the following individuals addressing the Board: Gwen Hawtof and Carol Colburn, representing the Florida Keys Society for Prevention of Cruelty to Animals; Linda Gottwald, representing Stand Up for Animals; Karen Lawlor, Susan Mickey, representing Forgotten Felines, Inc. County Administrator James Roberts addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson to continue the contract on a month-to-month basis and requested Staff to go out for a Request for Proposals (RFP). Mr. Pierce addressed the Board. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson No Commissioner Spehar Yes Commissioner Williams No Mayor Neugent No Motion failed. After further discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval and authorizing execution of the renewal agreement between Monroe County and the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the Key West, Big Pine Key and Marathon Animal Shelters in the amount of$484,508.92 per year (3.3% CPI increase of$15,478.02 over last year's contract amount of$469,030.90). Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item with the Board concerning approval of a Resolution amending Section 1.03(A) of the Administrative procedures of the Monroe County Board of County Commissioners to clarify the policy for verbally adding items to the regular meetings agendas. Clerk of Court Danny L. Kolhage and Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Mayor Neugent directing Staff to revisit comprehensively the set of rules governing the meetings including the following language a) An agenda will be prepared by the County Administrator's office for every regular meeting or special meeting of the Commission. A written add-on agenda shall be prepared by the County Administrator's office for every regular meeting or special meeting of the Commission, if necessary, and will be considered an official agenda. The Commission shall not take action on any matter, proposal, or report of item of business which is not listed upon the official agenda, unless. 06/20/01 2001/179 there is unanimous a maiority consent of the members of the Commission present on the day of a scheduled meeting to the presentation thereof for consideration and action. The Board will use this revised procedure on an interim basis. Motion carried unanimously. Commissioner McCoy discussed his item with the Board concerning approval of a Resolution directing the Administrator to authorize an understudy for the "Senior Director of Emergency Management" to ensure the highest level of safety continues to be provided the citizens of the Florida Keys. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to not approve the item. Roll call vote was taken with the following results: Commissioner McCoy No Commissioner Nelson Yes Commissioner Spehar Yes Commissioner Williams Yes Mayor Neugent Yes Motion carried. SOUNDING BOARD Charles Brooks discussed with the Board Government Ethics & Policies. No official action was taken by the Board. COMMISSIONERS' ITEMS Commissioner McCoy discussed his item with the Board concerning adoption of a Resolution in support of the construction ofa Medical Examiner Facility in Monroe County. The Board accepted public input with the following individuals addressing the Board: Catherine Vogel, representing the Monroe State Attorney Committee to Select Medical Examiner; Dr. Zhiming Li, acting Monroe County Medical Examiner; Michael Bates and Lucinda Dodge, representing the Monroe County Medical Examiner's Office; Norman Kassoff; and Sheriff Richard Roth. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 242-2001 Said Resolution is incorporated herein by reference. Mr. Roberts discussed the above item concerning the construction of a Medical Examiner Facility in Monroe County. Motion was made by Commissioner Williams and seconded by Commissioner McCoy directing Staff to prepare and advertise a Request for Qualifications for consultant/architectural services for construction of the Monroe County Medical Examiner's Facility. Motion carried unanimously. 06/20/01 2001/180 Mayor Neugent discussed his item with the Board concerning a request and support for URECOAT Industries, Inc. to demonstrate and test a product to enhance longevity and structural integrity for the old 7-mile bridge. Testing would be 100' of the structure including the ground and piling part which is maintained by FDOT. URECOAT has obtained permission from FDOT which no permits are needed. DEP has also given permission. Gary Zeller, representing URECOATS; and John Adams, representing the South Florida Resource Conservation Development Council addressed the Board. Motion was made by Mayor Neugent and seconded by Commissioner Spehar granting approval for URECOAT to complete the demonstration project only. Motion carried unanimously. DIVISION OF PUBLIC WORKS Mr. Roberts addressed the Board concerning approval of a Utility Agreement between Monroe County and KW Resort Utilities Corp., to accept sewage directly from the Monroe County Detention Facility on Stock Island. The Board accepted public input with the following individuals addressing the Board: R. L. Blazevic, Deevon Quirolo, representing Reef Relief; and William Smith, President ofKW Resort Utility. Mr. Hendrick also addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to remand the matter to an attorney specializing in utilities as recommended by County Attorney and return to the Board for final approval. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the Public in and to a part of Old State Highway 4A, Vaca Key, Marathon, Monroe County, Florida. Mr. Hendrick addressed the Board. The Board accepted public input with the following individuals addressing the Board: Hal Schuhmacher, representing Karen Denis; Richard Elgersma, Jr., Petitioner and representing Overseas Motel; and Craig Wrathell, representing the City of Marathon. Motion was made by Commissioner Williams and seconded by Commissioner Nelson to deny the request based on Staff recommendation. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item with the Board concerning the need for clarification on Commissioners' travel expenses allowed as new commissioners need clarification on what expenses are allowed before travel occurs. Mr. Kolhage addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams that out of county travel be approved by the Board with the exception of official Board appointments. Roll call vote was unanimous. Commissioner Nelson discussed his item with the Board concerning purchase of a parcel of land in Key Largo of approximately 10 acres for the future site of a County building. This government center would be used for BOCC meetings; a new emergency operations center; a record storage facility; public works office & garage; a fire station and EMS facility; building, 06/20/01 2001/181 zoning, & code enforcement offices; Commissioner's office, Sheriff's substation; license and tag agency; and boat ramp and parking. This property could also be used for community events that are considered as profit. After discussion, motion was made by Commissioner Nelson and seconded by Mayor Neugent directing Staff to look at the property and report back to the Board at the August Board meeting in Key Largo with a recommendation. Motion carried unanimously. Karen Tiedmann, President for the Key Largo Chamber of Commerce - Board of Directors addressed the Board. Commissioner Nelson discussed his item with the Board concerning Monroe County requesting two million dollars for the building of a dedicated Emergency Operations Center as part of its 2002 state funding request. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar to forward this as a Legislative request to State Representative Ken Sorenson. Motion carried unanimously. Commissioner Williams discussed her item with the Board concerning conceptual approval of plan approved for wastewater project prioritization at June 6, 2001 meeting of Intergovernmental Task Force. The Board agreed for Commissioner Williams to bring this item back to them at the July meeting. Commissioner Nelson discussed his item with the Board concerning options for Monroe County to go forward with the wastewater treatment project in Key Largo. Mr. Roberts and Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson authorizing the County Attorney to retain a firm (Government Services Group, Inc.) associated with the Neighbors & Giblin firm to represent the County to explore the possibilities of creating a special sewer district in Key Largo to deal with wastewater issues. Roll call vote was unanimous. Commissioner Williams discussed her item with the Board concerning approval of a special resolution and actions resulting from latest Department of Community Affairs Affordable Housing Summit, June 5, 2001 and approval of funding for county-wide affordable housing planner. Commissioner Williams also discussed a memo dated June 19,2001 from Growth Management Director Tim McGarry concerning Growth Management Division Staff Update and Suggestions on Proposed Comp Plan and LDR Changes. Mr. McGarry addressed the Board. No official action was taken by the Board. COUNTY CLERK The Board acknowledged, as the County Attorney had received previous direction, for Mr. Kolhage to withdraw Agenda item J-6 concerning approval to rescind Resolution No. 433-2000, approved at the October 18, 2000 meeting, evidencing the approval of a recommended Beneficial Use Determination promulgated by the Special Master, In Re: The application of Millus and Lori Skidmore, as amended. 06/20/01 2001/182 COUNTY ADMINISTRATOR Mr. Roberts reported to the Board on the redistricting process. Mr. Roberts confirmed the Special Meeting of the Board set for July 12, 2001 at 1:00 p.m. to discuss the wastewater master plan, partnership, and process with the Florida Keys Aqueduct Authority. Mr. Roberts informed the Board oflegislative requests/action and that they would need to be forwarded to Representative Ken Sorenson by August 1, 2001. Mr. Roberts discussed a request from the City of Marathon concerning distribution of growth management funds as agreed in the Memorandum of Agreement with Monroe County. Mr. Roberts quickly discussed the Memorandum of Agreement with Village ofIslamorada also concerning their portion for distribution of growth management funds. COUNTY ATTORNEY Attorney Robert Feldman, representing the Florida Keys Aqueduct Authority (FKAA) addressed the Board. Motion was made by Mayor Neugent and seconded by Commissioner Nelson granting approval and authorizing execution of a Lease Amendment between Monroe County and FKAA revising the date the annual rent first becomes due from start of construction or March 15,2001 (whichever is first) to start of construction or March 15, 2002 (whichever occurs first). Requested by the FKAA. Motion carried unanimously. Commissioner McCoy and Commissioner Nelson excused themselves from the meeting. Mr. Hendrick addressed the Board. Motion was made by Mayor Neugent and seconded by Commissioner Spehar to table to the next Board meeting in Key West, approval to advertise an Ordinance amending certain sections and creating sections of Chapter 3, Monroe County Code, Animals and Fowl. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. PUBLIC HEARINGS The first of two Public Hearings was held to consider an amendment to the Monroe County Land Development Regulations adding Section 9.5-257.1 through 9.5-257.5, and the addition of text to Section 9.5-232 through 9.5-240, Section 9.5-242 through Section 9.5-246, Section 9.5-248 through Section 9.5-251, and Section 9.5-253 of the Monroe County Land Development Regulations for certain Future Land Use Categories that are identified in the Monroe County Year 2010 Comprehensive Plan but have no directly corresponding Land Use District (Zoning). The Board accepted public input with the following individual addressed the Board: Leigh Williams. Planning Director Marlene Conaway addressed the Board. No official action was taken by the Board. 06/20/01 2001/183 COUNTY ATTORNEY Mr. Hendrick reported to the Board that the County prevailed in the Oscar D. Madison transient rental appeal. Mr. Hendrick informed the Board that the State Attorney's Office will continue to prosecute Municipal and County Ordinances provided that they are properly investigated and presented to his office. The State Attorney will not prosecute cases that are selectively enforced or otherwise violate due process. Commissioner McCoy returned to the meeting. Mr. Hendrick updated the Board on the status of the condemnation process concerning the Marathon Park property. Commissioner Nelson returned to the meeting. Mr. Hendrick discussed with the Board the Notice withdrawing Monroe County's Motion for Leave to file the Amicus Curiae Briefin support of the South Florida Water Management District. COUNTY ADMINISTRATOR The Board continued to tomorrow's meeting Agenda item K-2 concerning the discussion and approval of policies pertaining to non-ad valorem fund balances. 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 JknJ..L c..~~ Isabel C. DeSantis, Deputy Clerk