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07/18/2001 Regular MINUTES 2001/200 OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 18, 2001 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 AM., on the above date at the Harvey Government Center at Historic Truman School. 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 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 Williams and seconded by Commissioner Nelson granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service A ward for 20 years of service to Monroe County to Linda McLeod, Sf. Coordinator Finance & Accounting, Public Works Division. Presentation of Years of Service Award for 20 years of service to Monroe County to Fred Gartenmayer, Plumbing Foreman, Facilities Maintenance, Public Works Division. Presentation of Years of Service A ward for 15 years of service to Monroe County to Joseph Lee, Maintenance Worker, Road Department, Public Works Division. Presentation of Employee of the Month Award for the Month of April, 2001, to Lisa Monsalvatge, Coordinator Parks & Recreation, Public Works. Presentation of Mayor's Proclamation recognizing the week of July 22-28,2001 as Reef Awareness Week. Presentation of an award to the Tennessee Williams Fine Arts Center (TWF AC) Key West by the BOCC and the Florida Keys Council for People with Disabilities (FKCFPWD) Chairman 07/18/01 2001/201 Charles Ingraham. This award recognizes the efforts of the Tennessee Williams Fine Arts Center in assisting and hiring the physically disabled of Monroe County. Presentation of Employee of the Month Award for the month of December 2000 to Ronald R. Johnson, Veterans Service Counselor, Veterans Affairs Department. BULK APPROVALS Motion was made by Mayor Neugent and seconded by Commissioner Nelson granting approval of the following items: Board granted approval to award Monroe County Fire Academy Scholarships to two Key West High School students, Colton K. Butler III, and Edward Perez, Jr. Board granted approval to establish an area on the airport Terminal Building at the Key West International Airport to display information to visitors concerning local service clubs. Board granted approval for Discover Air, Inc. to commence operations at the Key West International Airport. Board granted approval and authorized execution of Purchase Service Order No. 00/01-26 between Monroe County and URS to provide Resident Project Representative for construction of new parking lot, and reconfiguration of existing parking at the Key West International Airport. Board granted approval and authorized execution of Land Lease No. DTF A06-02-L-00365 between Monroe County and the United States of America (Federal Aviation Administration) for office space in the Key West International Airport Terminal Building. Board granted approval and authorized execution of Purchase Service Order No. 00/01-25 between Monroe County and URS to prepare Passenger Facility Charge Application #6, for the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement No.2, Contract No. AF373, between Monroe County and the State of Florida Department of Transportation for the Commercial Apron Project at the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement No.1, Contract No. AG 177, between Monroe County and the State of Florida Department of Transportation for the Runway/Taxiway project at the Key West International Airport. 07/18/01 2001/202 Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement No.2, Contract No. AF374, between Monroe County and the State of Florida Department of Transportation for the General Aviation Apron Project at the Key West International Airport. 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. 247-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 248-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 249-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 250-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 251-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 252-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 253-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). 07/18/01 2001/203 RESOLUTION NO. 254-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 255-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 256-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 257-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 258-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 259-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 260-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 261-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 262-2001 Said Resolution is incorporated herein by reference. Amending Resolution No. 008-2001 (OMB Schedule Item No. 17). 07/18/01 2001/204 RESOLUTION NO. 263-2001 Said Resolution is incorporated herein by reference. Amending Resolution No. 007-2001 (OMB Schedule Item No. 18). RESOLUTION NO. 264-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 265-2001 Said Resolution is incorporated herein by reference. Board granted approval to renew Airport Liability for Key West International and Marathon Airports policy year July 27,2001-2002, and to pay renewal premium of$49,054.00. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the Monroe County Health Department for Small Quantity Hazardous Waste Assessment, Notification and Verification. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and Deputy Dawn Agusto of the Monroe County Sheriff Department to reside in one-half of the duplex located at the Key Largo Community Park (Marr Property) for an amount of rent an utilities totaling $425.00 per month. Board granted approval to advertise for bids a Complete Elevator Service and Maintenance Contract for Monroe County elevators. Board granted approval to advertise for bids for Janitorial Services for the Key Largo, Islamorada, Marathon, and Big Pine Key Libraries. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the Botanical Garden Society to provide office space for this non-profit organization, in the amount of $100.00 per month for utility consumption. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to waive the Purchasing Policies and Procedures to hire Gary's Plumbing to install a pressure pump system for the Old Courthouse. Board granted approval and authorized execution of Contract KS212 of the 1st Quarter Home and Community Based Medicaid Waiver Spending Authority for Fiscal Year 7/1/01 through 6/30/02 between the Alliance for Aging, Inc., and the Monroe County Board of County 07/18/01 2001/205 Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval and authorized execution of Contract KC 171 for the 1 st Quarter of the Community Care for the Elderly Contract for Fiscal Year 7/1/01 through 6/30/02 between the Alliance for Aging, Inc., and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval and authorized execution of Contract KH172 for the 1 st Quarter of the Home Care for the Elderly for Fiscal Year 7/1/01 through 6/30/02 between the Alliance for Aging, Inc., and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval and authorized execution of Contract KZ 197 for the Alzheimer's Disease Initiative for Fiscal Year 7/1/01 through 6/30/02 between the Alliance for Aging, Inc., and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). By Contract match there is no match requirement. County has provided additional match to operate programs since 1998. Board granted approval to rescind approval of the State of Florida Commission for the Transportation Disadvantaged Standard Coordination/Operator Contract between Monroe County and Community Transportation Coordinator, the Guidance Clinic of the Middle Keys, Contract year 01/01/01 through 06/30/01. (Unable to execute Agreement in its present form, unable to accommodate adding the CTC as additional insured on the certificate of insurance). Board granted approval and authorized execution of the State of Florida Commission for the Transportation Disadvantaged Standard Coordination/Operator Contract between Monroe County and Community Transportation Coordinator, the Guidance Clinic of the Middle Keys, Contract year 01/01/01 through 06/30/01. Board granted approval and authorized execution of the State of Florida Commission for the Transportation Disadvantaged Standard Coordination/Operator Contract between Monroe County and Community Transportation Coordinator, the Guidance Clinic of the Middle Keys, Contract year 07/01/01 through 06/30/02. Board granted approval to rescind Amendment No. 003 to OAA Contract No. AA029 between Monroe County and Alliance for Aging, Inc. Board granted approval and authorized execution of Amendment No. 001 to Contract No. US-151 between Monroe County and Alliance for Aging, Inc., for the Nutrition Program for the Elderly. 07/18/01 2001/206 Board granted approval and authorized execution of Senior Community Service Employment Program PreliminarylLetter Contract No. OW-PY'01-04-00 between Monroe County and South Florida Employment and Training Consortium (SFETC) PY 2001-2002, July 1, 2001 through June 30, 2002 and adopted the following Resolutions to provide funding. Transfer of Funds. RESOLUTION NO. 266-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. RESOLUTION NO. 267-2001 Said Resolution is incorporated herein by reference. Board granted approval to reject all responses to the Request for Letters ofInterest and Qualifications, for implementation and 2001 update of the Disadvantaged Business Enterprise Program, for the Key West and Marathon Airports. AIRPORTS Board granted approval to award bid to McClain Southland Company d/b/a Southland Equipment Corporation for the purchase of a Runway Sweeper for the Marathon Airport, contingent on FAA funding. Board granted approval to award bid to LaFarge Road MarkingILinear Dynamics, Inc., for the purchase of Paint Striping Equipment for the Marathon Airport, contingent on FAA funding. Board granted approval to additionally designate the Air Service Committee as the Florida Keys Marathon Airport Master Plan Advisory Committee through completion of the Master Planning process (June 2002). Committee members consisting of the following representatives: County Commissioner-George Neugent; Marathon City Commissioner designee-Betty Vail; Chamber of Commerce Representative-Currently June Helbling; Marketing and Tourism Representative-Currently Eric Hathaway; Community Representative-Luis Escalante; Community Representative-Bill Cadiz; Media Representative-All Media Welcome; Monroe County Tourist Development Council-Harold Wheeler; Upper Keys Representative-Al Herum; and Upper Keys Representative-Shelly Miklas. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of disposition of inventory items for the month of July 2001, in the amount of $40,474.49. Said list is incorporated herein by reference. 07/18/01 2001/207 Board granted approval of expenditures from the Law Enforcement Trust Fund in the total amount of $23,795.00 for the following items: $10,000 This sum, matched by contributions in the same amount from the Sheriff's Offices of Seminole, Brevard, and Orange Counties, will be used by the Florida Sheriff's Association to fund a proposal by the Florida Network of Youth and Family Services. $1,795 This will purchase basketball goals and related equipment for the construction of a basketball court on the property of Big Coppitt First Baptist Church. $12,000 This is the cost of acquiring two Lafayette LX3000 polygraph machines for use in criminal investigations and background investigations. COMMISSIONERS' ITEMS Board adopted the following Resolution declaring Monroe County's open and accepting use of the Spanish language. RESOLUTION NO. 268-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution recognizing the importance of the Latin- American Chamber of Commerce and of encouraging minority business. RESOLUTION NO. 269-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution requesting that the City of Key West and the Navy Air Station Boca Chica appoint representatives to the Key West International Airport Ad Hoc Committee on Noise. RESOLUTION NO. 270-2001 Said Resolution is incorporated herein by reference. COUNTY CLERK FINES & FORFEITURES Court Reporter Services, All Keys Reporting, in the amount of$6,182.75; Amy Landry Reporting, in the amount of$174.00; Associated Court Reporters, in the amount of $2,441.25; Cheryl McDonough, in the amount of$295.45; Eyal Court Reporting, in the amount of$670.10; Florida Keys Reporting, in the amount of$105.00; Robins Reporting Service, in the amount of $3,606.00; Wendy Warren, in the amount of$2,068.25. Competency Evaluation, A Louis 0 Connor PHD, in the amount of $3 12.50; Guillermo Marcovici MD, in the amount of $450.00; James W. Holbrook EDD, in the amount of$I,362.50; Pamela A Strother LCSW, in the amount 07/18/01 2001/208 of$350.00; Thomas Hibberd PHD, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of$185.00; Ana M. Stults, in the amount of$285.00; Claudia M. Hancock, in the amount of$115.00; Estrella Garcia, in the amount of$70.00; Grace Connors; in the amount of $55.00; Jean C. Nelson, in the amount of$210.00; Jiri Dolezal, in the amount of$75.00; Joanna Nocun, in the amount of$85.00; Marina Tribushnaya, in the amount of$150.00; Martha Hernandez, in the amount of$185.00; Sergio Alvarez, in the amount of$202.50. Witness Coordination, Witness Payroll, in the amount of$290.00; Witness Travel & Per Diem, in the amount of$3,561.04. Expert Witness Expenses - Conflict, Wiley Mittenberg PHD, in the amount of$5,688.21. Court Appointed Attorney Fees - Conflict, Law Offices of Donald Yates, in the amount of$350.00; The Margalli Law Office PA, in the amount of$350.00. Competency Evaluations - Conflict, A Louis O'Connor, in the amount of$700.00; Henry M. Storper MD, in the amount of$550.00; Thomas Hibberd PHD, in the amount of$350.00. Other Services Circuit, State of Florida, in the amount of$I,739.19; William Kuypers, in the amount of $1,074.04. Miscellaneous Expenses, John H. Deagle DO PA, in the amount of$18.00. WARRANTS Board approved the following Warrants (#50470-51883 & 200931-201068): General Fund (001), in the amount of$I,295,949.93; Sup to General Revenue (002), in the amount of$1l,620.15; Fine & Forfeiture Fund (101), in the amount of$4,851,129.58; Road and Bridge Fund (102), in the amount of$271,821.41; Law Library Fund (103), in the amount of$3,636.90; TDC District Two Penny (115), in the amount of$227,273.15; TDC Admin & Promo 2 Cent (116), in the amount of$546,673.96; TDC District 1,3 Cent (117), in the amount of$58,308.46; TDC District 2,3 Cent (118), in the amount of$2,222.35; TDC District 3,3 Cent (119), in the amount of $26,791.45; TDC District 4,3 Cent (120), in the amount of$74,890.67; TDC District 5,3 Cent (121), in the amount of $42,528.23; Gov. Fund Type Grants (125); in the amount of$969,306.76; Impact Fees Police Fac (134), in the amount of$360.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$53,328.14; Upper Keys Health Care (144), in the amount of$I,430.16; Fire & Amb Dist 6 Key Largo (146), in the amount of$15,862.76; Uninc Svc Dist Parks & Rec (147), in the amount of$21,911.67; Plan, Build, Zoning (148), in the amount of$84,004.09; Municipal Policing (149), in the amount of $367,321.49; 911 Enhancement Fee (150), in the amount of$15, 188.73; Duck Key Security (152), in the amount of$5,635.72; Local Housing Assistance (153), in the amount of $22,347.03; Boating Improvement Fund (157), in the amount of$17,272.00; Misc. Special Revenue Fund (158), in the amount of$23,081.25; FL Keys Marine Marathon (159), in the amount of$15,086.98; 1 Cent Infra Surtax (304), in the amount of$645,680.61; Clerks Rev Note, Capital, in the amount of$I,512.94; Card Sound Bridge (401), in the amount of $3,979.72; Marathon Airport (403), in the amount of$58,630.61; Key West Inti Airport (404), in the amount of$217,403.46; MSD Solid Waste (414), in the amount of$318,424.22; Worker's Compensation (501), in the amount of $56,539.13; Group Insurance Fund (502), in the amount of$207,779.31; Risk Management Fund (503), in the amount of$65,991.98; Fleet Management Fund (504), in the amount of$57,274.82; Law Enforcement Trust Fund (600), in the amount of$134,592.06. 07/18/01 2001/209 Board granted official approval of the Board of County Commissioners minutes from the Special meeting of June 12, 2001. Board granted approval of the following Tourist Development Council Expenditures for the month of June 2001: Advertising, in the amount of$588,621.65; Bricks & Mortar Projects, in the amount of$2,417.58; Chamber Payments, in the amount of $46, 166.64; Events, in the amount of$31,406.87; Office Supplies & Oper Costs, in the amount of$50,432.50; Personal Services, in the amount of$71,758.45; Public Relations, in the amount of$102,927.56; Sales & Marketing, in the amount of$63,021.61; Telephone & Utilities, in the amount of$15,293.01; Travel, in the amount of $6,642.40. COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Contract (fixed amount) for Moving Services between Monroe County and Sunset Moving & Storage, Inc. concerning moving the designated office equipment and other miscellaneous items from the Public Service Building (PSB) to the Gato Building (GB). Board granted approval and authorized execution of a Interlocal Agreement between Monroe County and the City of Marathon to provide $492,332.00 from the Municipal Service Taxing Unit for growth management related purposes and adopted the following Resolution for same. RESOLUTION NO. 271-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution amending Section 1. 03 (A) of the Administrative Procedures of the Monroe County Board of County Commissioners. RESOLUTION NO. 272-2001 Said Resolution is incorporated herein by reference. Board granted conceptual approval of the overall Fire/Rescue/EMS plan, as amended. COUNTY ATTORNEY Board granted approval and authorized execution of a Supplemental Agreement for Road and Bridge Funds between Monroe County and Islamorada, Village of Islands. Motion carried unanimously. AIRPORTS Peter Horton, Key West Airport Director discussed with the Board noise from aircraft operating to and from the Key West International Airport. Mr. Horton discussed 07/18/01 2001/210 recommendations to modify the existing Noise Compatibility Program that came out of the Ad Hoc meeting of July 9,2001. William Ehrhorn, made a presentation to the Board of a Florida Keys Marathon Airport Terminal Restaurant proposal. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson granting conceptual approval to negotiate a Contract with William Ehrhorn, Ehrhorn LLC and identify funding sources. James Roberts, County Administrator addressed the Board. COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning any items of concern for the BOCC among the staff assessment and proposed calendar for the items approved for consideration at our March BOCC meeting. 2. Approval of resolution for funding for county-wide affordable housing planner. Commissioner Williams indicated that item number 1 would be returned to the Board for action in September. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the following Resolution in support of the funding for a Planning Specialist in Affordable Housing and establishing a proposed County/Municipalities funding schedule for the Planning Specialist position. RESOLUTION NO. 273-2001 Said Resolution is incorporated herein by reference. Commissioner McCoy discussed his item with the Board concerning Monroe County's Hurricane Evacuation Plan. Commissioner Williams and the Board also addressed the item. No official action was taken by the Board. DIVISION OF PUBLIC WORKS Jose Gonzalez, representing Gonzalez Architects updated the Board on work being performed at the Jackson Square Project. COUNTY CLERK Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval for Danny Kolhage, Clerk of the Court to negotiate a Contract with Kemp & Green, P A who were the top ranked firm to conduct the County audit for Fiscal Year ending September 30, 2001, 2002, and 2003 with the option of an additional two subsequent fiscal years. Motion carried unanimously. DIVISION OF PUBLIC WORKS Bert Bender of Bender & Associates Architects, P.A updated the Board on the status of the Gato Building Renovation Project. 07/18/01 2001/211 COUNTY ADMINISTRATOR Mr. Roberts reported to the Board of holding a Special Meeting on August 17, 2001, at 9:00 a.m. in Key Largo to discuss trauma issues. Mayor Neugent officially announced the Special Meeting. Mr. Roberts addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the following requests to be submitted to the State Representative for presentation in next year's State legislative session: PROPOSALS FOR SUBMISSION FOR THE FORTHCOMING LEGISLA TIVE SESSION 1. Funding for a Dedicated Emergency Operations Center. For some time, there has been discussion concerning the necessity of having a dedicated Emergency Operations Center in the County. Monroe is one of the few Counties in the State that does not have such a dedicated Emergency Operations Center. Cost to develop a high-tech facility that could be utilized on very short notice has been estimated in the millions of dollars. On the advice of the State Representative, it is suggested that the County request $1.5 million for this purpose. 2. Development of a Medical Examiner Facility. The Board of County Commissioners has recognized the long-standing need for a permanent, free standing medical examiner facility in the County. The law enforcement community has also recently renewed their request for a state of the art facility. This is especially appropriate at this time since the State and County are attempting to attract a new medical examiner to replace the doctor who has retired. Estimates for this facility are up to $2 million. 3. Implementation for Big Coppitt Wastewater Program. With the completion of the Wastewater Master Plan and the expressed wishes of the citizens of Big Coppitt who have requested a centralized, cost effective sewer system, the Big Coppitt system has not been identified as one of the priority projects to be included within the authorized federal funding and promised State funding programs. There is a small amount of money that has been granted to pursue this, but more is needed to make this a reality at a reasonable cost to the citizens. The amount recommended to be requested for the coming legislative session is $4,094,000. 4. Funding for Additional Wastewater Projects to Implement Monroe County's Adopted Wastewater Master Plan. As with item #3 above, there are various proposed projects that need to be implemented in order to meet the requirements of Monroe County's Comprehensive Plan, Monroe County's Wastewater Master Plan, and the State of Florida's Year 2010 deadline for AWT wastewater treatment in the Keys. The following is a list of projects, their estimated costs, and the request for State assistance: 07/18/01 2001/212 I Service Area I EDU's I Capital Cost I State Fundin~ Request 1 Bi Co itt Wastewater Pro. ect Big Coppitt 1,693 $20,470,000 $4,094,000 Sub- Total 1,693 $20,470,000 $4,094,000 Other Centralized Wastewater Projects Stock Island 988 $3,842,000 $768,400 Lower Sugarloaf 657 $9,349,000 $1,869,800 Upper Sugarloaf/Cudjoe/Summerland 2,473 $34,339,000 $6,867,800 Big Pine Regional 4,260 $55,880,000 $11,176,000 Duck Key 674 $7,100,000 $1,420,000 Long KeyILayton 296 $3,540,000 $708,000 Tavernier/Key Larg02 12,435 $62,000,000 $12,400,000 Sub- Total 21,783 $176,050,000 $35,210,000 Phase II - Colds ots - Permitted Wastewater S OWNRS Upgrade - 2010 944 $2,548,800 Sub- Total 944 $2,548,800 I Grand Total 24,420 I $209,264,000 I $41,852,800 I I-Assumes State Share @ 20% 2-Assumes Ogden Bid Cost - $62,000,000 Source: Monroe County Sanitary Wastewater Master Plan 5. Financial Assistance to Provide a Fixed Route Transit System from Marathon to Key West. Monroe County has been successful in obtaining funds through the South Florida Employment & Training Council for the extension of a fixed route transit system from Key Largo to Marathon. This is a system that extends the service from Florida City to the Keys. It is anticipated that this extension will be of great benefit to employers, employees, and those living and visiting in the Keys from Key Largo to Marathon. This proposal is to extend that service from Marathon to Key West and to determine the long-term viability of such a system. It is estimated that the cost will be $180,000 per year. Because there will be some fares paid by the riders, the request for the State to assist with this project is $150,000. 6. Funding for Schools for Drivers Education Classes. Monroe County School Board is hereby requested to restore to the year-round school curriculum drivers education for all types of vehicles, including bicycles, scooters and motorcycles. That said curriculum should specifically address motorcycle awareness. 7. Reintroduce House Bill 79 concerning Funding for Transportation for Disadvantaged. 07/18/01 2001/213 Requested items for support for Legislative Action re: Land Acquisition . Amend the Gas Tax legislation to allow funds to be utilized for the purchase of vacant land for the retirement of development rights in Areas of Critical State Concern, as development of those properties would have impacts on the roads; . Amend the Forever Florida Legislation to provide an annual allocation of five million dollars per year for the Monroe County Areas of Critical State Concern or provide a basis for allocating at least 25 points for applications from an Area of Critical State concern within the Florida Forever Rule; . Request that the Division of State Lands, Department of Environmental Protection, dedicate the current Florida Keys land acquisition agent to acquisition efforts exclusively for Monroe County and its municipalities; . Request that, should the citizenry of the Keys vote by referendum to add an additional cent to the bed tax, that the acquisition and management of land for the retirement of development rights be an allowed use for such funds in Areas of Critical State Concern, as well as for affordable housing, stormwater and wastewater. CAREER SERVICE COUNCIL It is proposed that Monroe County request that the State Representative introduce legislation to remove Monroe County from the jurisdiction of the Career Service Council. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to table, to the Special Meeting to be held on August 17,2001 at 9:00 a.m. in Key Largo, approval of an Interlocal Agreement between Monroe County and Islamorada, Village of Islands for the distribution of $440,000 for the purchase of emergency vehicles and equipment. Motion carried unanimously. SOUNDING BOARD Bonnie Kozmer addressed the Board concerning Animal Control. No official action was taken by the Board. Dewayne Kemp addressed the Board concerning MSBU's. No official action was taken by the Board. 07/18/01 2001/214 COUNTY ATTORNEY James T. Hendrick County Attorney, reported to the Board that the Florida Supreme Court had ruled in the case of Keys Citizens for Responsible Government, Inc. v. Florida Keys Aqueduct Authority and indicated that the FKAA Bonds were indeed valid. Mr. Hendrick discussed status of the Sunshine Key and Associates litigation. Mr. Hendrick discussed the case ofLuse and the Disabled Americans Advocate regarding the Sombrero Park property. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar that the City of Marathon take care of the facilities and Monroe County incur the attorneys fees in an amount not to exceed $5,000. Motion carried unanimously. Mr. Hendrick also discussed status of the Kozmer and the Post, Buckley, Schuh & Jernigan cases. Mr. Hendrick addressed the Board concerning approval to advertise an Ordinance amending Ordinance 021-2001, in order to revise the pets allowed area of Harry Harris Park in Tavernier; 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. Motion was made by Commissioner Spehar and seconded by Commissioner Williams to adopt the following Ordinance, as amended. Said amendment is as follows: Section 1. (n) Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park, Sombrcro llcach Park, and in those parts of Harry Harris Park and Higgs Beach County Park specified in (0), subject to the following regulations: (i) Pets must be leashed on a leash no greater than 8 feet long, unless and while in the Vv'atcr and Vv'ct sand arca of Sombrcro llcach Park. open spaces of Higgs Beach County Park described in (0) below. (0) Pets are allowed at Higgs Beach County Park in Key West on paved surfaces and on the open space~ lying southerly and easterly of West Martello Towers and southerly and easterly of the fence surrounding the Federal Aviation Administration tower parcel. In Harry Harris Park, pets are allowed -settth in the green area north of the boat ramp with the exception of the ballfield. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval to advertise an Ordinance amending Section 13.5-5, Monroe County Code, providing for limitations on size of boats admitted to Harry Harris Park; limiting trailer parking in 07/18/01 2001/215 Harry Harris Park and raising the Boat Ramp Fee at Harry Harris Park; 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. Motion carried unanimously. Commissioner Nelson discussed the approval of a Letter of Engagement from Nabors & Giblin and their associate, Government Services Group, Inc., to act as Special Counsel for services relating to construction and operation of a Wastewater Treatment Facility to serve Key Largo. Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Williams authorizing Nabors & Giblin to develop a work plan proposal to be heard at the Board's next regular meeting of August 16,2001. Roll call vote was unanimous. After further discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar requesting State Representative Ken Sorenson to introduce a Bill that could be pulled by the Board of County Commissioners to create an independent Sewer Board in Key Largo. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson Yes Commissioner Spehar Yes Commissioner Williams No Mayor Neugent Yes Motion carried. DIVISION OF PUBLIC WORKS Mr. Hendrick addressed the Board concerning an agreement with KW Resort Utilities, Corp. to accept sewage directly from the Monroe County Detention Facility on Stock Island, and offered the following revisions: Page 2 - 1. On-Site Facilities Insert the following parenthesized words in the third paragraph: If the Service Company discontinues service to the County property for whatever reason (other than nonpayment or default by County) then the on-site facilities will be reconveyed by the Service Company to the County at no charge. Page 4 - 7. a) Strike the word smne and replace it with the word serve in line four of the paragraph, as follows: cnginccring, lcgal, pipcs and lift stations), to smne serve additional areas. Page 6 - 9. a) Delivery of Service~ Maintenance Insert the following parenthesized words in sentence three of the paragraph: Service means that the Service Company will process, treat and dispose of wastewater and will operate its system: in compliance with the quality and process standards required by DEP and the Service Company: in accordance with industry standards as they develop and any FKAA, County, or City of Key West requirements: and, in a manner that does not pose or cause health or environmental risk or damage (provided. that should any violation of health or environmental rule or law occur. service company shall be 07/18/01 2001/216 in compliance herewith if service company promptly undertakes and completes any necessary remedial action). Page 6 - 9. 1 Insert the following words at the end of the paragraph above: Service also means the furnishing of gravwater, described in section L meeting industry standards. Page 6 - 10. Strike the word t6- and replace it with the word of in line one of the paragraph, as follows: In the event of any material damage to or destruction te- of. Page 7 - 12. Default Insert the following words: through no fault of the County: in line fourteen of the paragraph, as follows: The County, however, may withhold payment without default if the Service Company, through no fault of the County. Page 7 - 12. Default Strike the words risk or in the last sentence of the paragraph, as follows: County or its officials and employees to suits or risk or liability attributable to the Service Company's conduct. Page 7 - 13. Excuse from Performance a) Force Majeure Strike the word three and replace it with the words ten business in line thirteen of the paragraph, as follows: County in writing within three ten business days. Mr. Koppel addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar granting approval of the Utility Agreement, as revised. Mr. Kolhage addressed the Board. After consideration, the motion was amended authorizing the County Attorney to include the appropriate Exhibits as described. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item with the Board concerning adoption of a Resolution requesting the Monroe County School Board restore to the School curriculum drivers education classes. Bob Shillinger, and Timothy Grandy, representing Motorcycle Awareness addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION 274-2001 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS K. Marlene Conaway, Director Planning & Environmental Resources addressed the Board concerning adoption of an amendment to the Monroe County Code adding a Non-residential Rate of Growth Ordinance (NROGO); Section 9.5-124. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Nelson directing Staff to move forward to obtain information to determine real impact numbers on affordable housing for commercial development. A second Public Hearing is to be scheduled at the August Key Largo BOCC meeting at 3:00 P.M., to include as part of this item, that in place of the $1.00 per square 07/18/01 2001/217 foot, a $1.00 charge for commercial development up to 1,000 feet, a $2.00 per square foot charge for commercial development up to 2,000 feet, and $3.00 per square in excess of 2,000 square feet. Roll call vote was unanimous. The second of two Public Hearings was held concerning adoption of an Ordinance amending the Monroe County Code by adding Sec. 9.5-257.1 through 9.5-257.5, and the addition of text to Sec. 9.5-232 through Sec. 9.5-240, Sec. 9.5-242 through Sec. 9.5-246, Sec. 9.5-248 through Sec. 9.5-251, and Sec. 9.5-253; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. There was no Public input. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 027-2001 Said Ordinance is incorporated herein by reference. Timothy McGarry, Director Growth Management Division addressed the Board concerning a Public Hearing to consider a request by Toppino's, Inc. to amend the Future Land Use Map from Industrial (I) to Residential High (RR) and to amend the Land Use District Map from Industrial (I) to Urban Residential (UR) for property located adjacent to 2nd Street and described as part of Government Lot 5, Sec. 21, Twp. 67 S., Rge. 26 E., Rockland Key, Monroe County, Florida at approximate Mile Marker 9.3. This item was withdrawn and will be rescheduled and re-advertised as there was insufficient time to prepare the agenda package for the Public Hearing. The following individuals addressed the Board: Robin Hill and Rick Spencer. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to notify all homeowners within 300' of the project; and bring back before the Board for consideration in the next round of Comp Plan changes significant zoning notification for the project. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Nelson for the Public Hearing on this item be held at the next regular BOCC meeting scheduled for September in Key West at 5:00 P.M. Motion carried unanimously. A Public Hearing was held to consider adoption of a Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department to amend Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan. Ms. Conaway addressed the Board. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 275-2001 Said Resolution is incorporated herein by reference. 07/18/01 2001/218 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 ~ C.JJJ.~~ Isabel C. DeSantis, Deputy Clerk ~