Loading...
01/15/2003 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, January 15, 2003 Key West, Florida 2003/1 A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner David P. Rice, and Mayor Dixie Spehar. Absent was Commissioner George Neugent. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; Richard Collins, County Attorney; Rob Wolfe, Acting 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 Nelson and seconded by Commissioner Rice granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for the month of October, 2002 to Jan Hotalen, Paralegal/Administrative Liaison, County Attorney's Office. Presentation of Years of Service Award to Susan Hawxhurst, Welfare Director of the Social Services Department, Community Services Division, for 25 years of service to Monroe County. Presentation of Years of Service Award for 20 years of service to Monroe County to Dent Pierce, Division Director, Public Works Division. Presentation of Years of Service Award to Lisa Cherry for 15 years of service to Monroe County. Presentation of Years of Service Award for 15 years of service to Randel Watler, EMT. Mayor's Proclamation proclaiming January 20-25, 2003 as Philanthropy Week. 01/15/2003 2003/2 Mayor's Proclamation declaring January 13, 2003 as Congresswoman Ileana Ros-Lehtinen Day. Board recognized and expressed their sincere appreciation to James "Jim" Hendrick for his exemplary Years of Service to Monroe County, FL as County Attorney. BULK APPROVALS Motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval of the following items: Board granted approval to spend District 1 Fire & Ambulance Impact Fees for installation of approximately 16 fire hydrants at strategic locations throughout the lower keys. Board granted approval to spend District 2 Fire & Ambulance Impact Fees for installation of approximately five fire wells at strategic locations in the middle keys. Board granted approval to spend District 3 Fire & Ambulance Impact Fees for approximately 30 fire hydrants at strategic locations in the upper keys. Board granted approval to spend Countywide Library Impact Fees to purchase books, reference materials, etc. for the library system. Board granted approval and authorized execution of an Agreement (FY 2003) between Monroe County and the Health Council of South Florida, Inc. to continue the study of the health care needs of Monroe County. Board granted approval and authorized execution of a Contract Amendment between Monroe County and American Red Cross of Greater Miami and the Keys to increase the current year Contract by $20,250.00, for an invoice from the period of October 1, 2001 through September 30, 2002; waiver of Contract requirement that final invoice must be received within sixty days after Contract termination date, and adoption of the following Resolution concerning the transfer of funds for same. RESOLUTION NO. 001-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Contract Amendment between Monroe County and the Monroe Council of the Arts to increase the current year Contract by $2,306.95, for an invoice from the period of August 1, 2002 through September 30, 2002; waiver of Contract requirement that final invoice must be received within sixty days after Contract termination date, and adoption of the following Resolution concerning the transfer of funds for same. RESOLUTION NO. 002-2003 01/15/2003 2003/3 Said Resolution is incorporated herein by reference. 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. 003-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 004-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 005-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 006-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 007-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 008-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 009-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 010-2003 Said Resolution is incorporated herein by reference. 01 / 15/2003 2003/4 Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 011-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 012-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 013-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 014-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 015-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 016-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 017-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 018-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 019-2003 Said Resolution is incorporated herein by reference. 01 / 15/2003 2003/5 Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 020-2003 Said Resolution is incorporated here in by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 021-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 022-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 023-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 024-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 025-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 026-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the Chairman to execute an EMS County Grant Application and related request for grant distribution (to include the sheet titled Proposed Expenditure Plan) to the State of Florida Department of Health, Bureau of Emergency Medical Services. RESOLUTION NO. 027-2003 Said Resolution is incorporated herein by reference. 01/15/2003 2003/6 Board granted approval and authorized execution of an Agreement between Monroe County and Florida Keys Aqueduct Authority concerning the installation and maintenance of fire hydrants in unincorporated Monroe County. Board adopted the following Resolution authorizing each participant in the Length of Service Awards Program (LOSAP) to be credited with an additional year of service. RESOLUTION NO. 028-2003 Said Resolution is incorporated herein by reference. Board granted approval to submit two (2) Grant Applications, (Rural and Matching Grant Requests) to the Florida Department of Health, Bureau of Emergency Medical Services, to fund EMS related equipment and training and to have the applications signed by the proper County authorities. Board granted approval of the purchase of a Sterling Conventional Clam Truck from Atlantic Truck Sales through State Contract #070-700-230. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and A & J Cartage Southeast, Inc. for the transportation and disposal of sludge/septage. Board granted approval to negotiate with Avis and Dollar Rent A Car for extensions to their leaseholds and concession agreements at Key West International Airport in order for them to make substantial capital improvements to the facilities owned by the airport. Board granted approval and authorized execution of Public Transportation Supplemental Joint Participation Agreement No. 2, Contract No.: AF776 between Monroe County and State of Florida Department of Transportation to provide 100% funding for security projects. Board granted approval and authorized execution of Public Transportation Joint Participation Agreement, Contract No.: AN103 between Monroe County and State of Florida Department of Transportation to provide funds for enhanced federal security requirements after 9/11/01. Board granted approval of amendment to the Security Expenditure Plan for the Key West International Airport FY2003, for CONSTRUCTION - Rehab/remodel office space for the Transportation Security Administration in the amount of $31,500.00 (FDOT Grant). Board granted approval and authorized execution of a Lease Extension Agreement between Monroe County and Greyhound Lines, Inc. for rental space at the Key West International Airport. Board granted approval and authorized execution of Amendment 001 to Contract KC271, 2002-03 Community Care for the Elderly, between Monroe County and Alliance for Aging, Inc. 01/15/2003 2003/7 (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In -Home Services Program), this will change the approved unit rates(s), Monroe County In -Home Services will be reimbursed under this contract based on the unit costing spreadsheets retroactive July 1, 2002. Board granted approval and authorized execution of Amendment 001 to Contract KH272, Home Care for the Elderly, for Fiscal Year 7/1/02 through 6/30/03 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program), this will change the approved rate(s), Monroe County In -Home Services will be reimbursed under this contract based on the unit costing spreadsheets retroactive July 1, 2002. Board granted approval and authorized execution of Amendment 001 to Contract KZ297, Alzheimer's Disease Initiative, between Alliance for Aging, Inc. and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In -Home Service Program), this will change the approved unit rate(s), Monroe County In -Home Services will be reimbursed based on the unit costing spreadsheets retroactive July 1, 2002. Board granted approval and authorized execution of a Model Coordination Agreement between the Department of Children and Families, Economic Self -Sufficiency Services Program and the Department of Elder Affairs, Comprehensive Assessment and Review for Long Term Care Services Program (CARES), Area Agency on Aging and Community Care for the Elderly (CCE) Lead Agencies for Monroe County to establish a partnership between the agencies to facilitate communication and cooperation in the completion of Medicaid eligibility determination. Board granted approval and authorized execution of a Lease Amendment between Monroe County and the Department of Juvenile Justice, Division of Key West, and Bureau of Circuit 16, to omit the Indemnification and Hold Harmless statement from the original Lease document (approved at the October 16, 2002 BOCC meeting). Board granted approval to award bid and enter into a Contract between Monroe County and G & K Services for the Division of Public Works uniform services, not to exceed $47,787 per year. Board granted approval to extend the Contract between Monroe County and Barnes' Alarm Systems, Inc. on a month -to -month basis until a new Contract can be executed. Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of Contract Amendment No. 1 between Monroe County and G.M. Selby & Associates, Inc. for Professional Sevices for Jackson Square Electrical Service Upgrade. 01/15/2003 2003/8 Board granted approval to terminate Contract between Monroe County and National Cleaning Systems, Inc. for janitorial services at the Key West International Airport as they have not provided services per the Scope of Work in their Contract, which constitutes a material breach of the Agreement, and granted approval to enter into a month to month Agreement with Ace Building Maintenance at a cost of $9,600 per month until the service can be re -advertised for formal bids. Board granted approval to remove surplus equipment from inventory via advertising, removal, and disposal. Said list is incorporated herein by reference. Board authorized the County Administrator to sign the application for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration to purchase two transportation buses. The submitted grant application will be included on the February Agenda for BOCC's review and ratification. Grant submission deadline requires this action. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Islamorada, Village of Islands allowing for an additional $125,142 towards the construction of an Amphitheater at Founders Park, DAC IV, FY 2003 Capital Project Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Gay and Lesbian Community Center covering Pridefest 2003 on June 8-15, 2003 in an amount not to exceed $23,610, DAC 1, FY 2003 Event Funding. Board granted approval and authorized execution of a Funds Agreement Amendment between Monroe County and Monroe Council for the Arts Corporation d/b/a Florida Keys Council of the Arts, adding to Paragraph 3 the following sentence: Payment will be made upon receipt by County of proof that the services outlined in Paragraph 2 have been provided. DIVISION OF PUBLIC WORKS Board granted approval and authorized execution of a Interlocal Agreement for the Rehabilitation of the Boot Key Harbor Bridge between Monroe County and the City of Marathon. AIRPORTS Board granted approval to terminate month -to -month Lease Agreement, as amended, with Tango One Flight Academy at the Florida Keys Marathon Airport based on a letter to the 01/15/2003 2003/9 Marathon Airport Manager (dated 12/10/02) stating that they would cease to operate as of that date. Board granted approval and authorized execution of an Agreement Extension between Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the Marathon Airport Terminal Sewage Treatment Plant, for a period of three years, effective December 1, 2002, at a cost of $6,555.78 for the first year and an adjustment annually in accordance with the percentage change in the Consumer Price Index. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of a Contract for Geographic Information System (GIS) Zoning Project between Monroe County and Calvin, Giordano & Associates, Inc. to provide parcel -based zoning in a seamless digital format, enabling staff to access and map zoning data using the County's existing GIS. Board granted approval for the Growth Management Division to solicit a Request for Proposals to hire consultant firms to prepare a Corridor Area Enhancement Plan for the Tavernier Creek Bridge to approximately Mile Marker 97/US 1. Board granted approval to advertise an Ordinance making a revision to the Snake Creek Regulatory Zone in Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways), providing for severability, providing for repeal of inconsistent Ordinance clauses, providing for incorporation into the Monroe County Code, providing for an effective date. Board granted approval to advertise an Ordinance modifying Chapter 5.5, Article III, Monroe County Code concerning No Discharge Zones, providing for severability; providing for the repeal of Ordinances inconsistent herewith; providing for incorporation into the Code of Ordinances; providing for an effective date. Board granted approval of 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 Bathymetric Survey and photography for three proposed mooring field sites. Board granted approval and authorized execution of a Contract for Wastewater Service at South Stock Island, Florida between Monroe County and Key West Resort Utility for completion of wastewater improvements in fulfillment of grant obligations between the County and the Florida Department of Environmental Protection under Grant Agreement LP0337. Board granted approval of a Lot Aggregation Restrictive Covenant from Donald Lang to have one dwelling unit on contiguous lots, Permit No. 00-3-3042, for property described as Lots 8 and 9, Block 6, Bahia Mar Estates, Key Largo. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2002, has filed the document in accordance with Ordinance No. 47-1999. 01/15/2003 2003/10 Board granted the approval for the transfer of three buildable lots from Steven F. & Carole P. Sonstein to Monroe County by Warranty Deed, Permit No. 02-1-2393, for properties described as Lot 2, Block 16, Eden Pines Colony, Big Pine Key; and Lots 44 & 45, Block 5, Cutthroat Harbor Estates, Cudjoe 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 one buildable lot from Micheal A. & Rosemary Lang to Monroe County by Warranty Deed, Permit No. 02-1-2503, for property described as Lot 15, Block 38, Sands Subdivision, Big Pine Key; and granted approval for one Lot Aggregation Restrictive Covenant from Mike & Rosemary Lang to have one dwelling unit on contiguous lots, Permit No. 02-1-2503, for property described as Lot 14 and 15, Mates Beach Plat 6, Little Torch Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Monroe County Planning Department Affordable Housing Deed Restriction for a dwelling unit from Michael & Rosemary Lang, Permit No. 02-1-2506, for property described as Lot 10, Ramrod Shores 3rd Addition, 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 one Monroe County Planning Department Affordable Housing Deed Restriction for a dwelling unit from Michael & Rosemary Lang, Permit No. 02-1-2505, for property described as Lot 9, Ramrod Shores 3rd Addition, 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 one Monroe County Planning Department Affordable Housing Deed Restriction for a dwelling unit from Emil Shipley, Permit No. 02-1-4157, for property described as Lot 2, Block 4, Ramrod Shores, Ramrod Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for one Monroe County Planning Department Affordable Housing Deed Restriction for a dwelling unit from Edward W. & Wanda Lowe, Permit No. 02-1-03163, for property described as Lots 3 and N'/2 of 4, Block 2, Breezeswept Beach Estates, 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 Robert V. Raskey to Monroe County by Warranty Deed, Permit No. 01-1-4615, for property described as Lot 4, Block 18, Eden Pines Colony, Big Pine Key; and Lot 23, Block 5, Eden Pines Colony, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999. 01/15/2003 2003/11 Board granted approval for one Lot Aggregation Restrictive Covenant from Michael A. & Tori Kidd to have one dwelling unit on contiguous lots, Permit No. 01-3-2899, for property described as Lots 2, 3, and 4 and adjacent Alley, Block 15, Anglers Park, Key Largo. The applicants receiving one dwelling unit allocation award for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Karl H. & Theresia Gollnast to Monroe County by Warranty Deed, Permit No. 96-1-0807, for property described as Lot 5, Block 11, Palm Villa, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. DIVISION OF MANAGEMENT SERVICES Board granted approval of the Fiscal Year 2004 Budget Calendar including dates for all Public Hearings. Said list is incorporated herein by reference. Board granted approval of revisions to the Monroe County Board of County Commissioners Purchasing Policy - January 15, 2003. A recap of the significant changes are as follows: All changes of a housekeeping nature (spelling, grammar, consistency, capitalization, rearrangement of items for clarification, updating source number of Ordinances, Florida Statutes and Regulation) are not highlighted; Changes have been made to Purchasing Policies to reflect correct departmental name and titles; Clarification of current policy using DemandStar for competitive bid solicitations; Also changes made to use appropriate wording based on changes made to Florida Statutes; and Florida Statutes given preference to Florida businesses for the purchase of personal property. Board granted approval of changes to the Monroe County Personnel Policies & Procedures Manual - January 15, 2003. A recap of the significant changes are as follows: Note: All changes of a housekeeping nature (spelling, grammar, consistency, capitalization, rearrangement of items for clarification, updating current source numbers of Ordinances and regulations) are not highlighted; 1.03 - Outside Employment - Changed to clarify what constitutes a conflict with County employment; 2.11(E) - Tuition Reimbursement - Updated to include distance learning and on-line fees for computer acquired courses. Also updated to recognize grading of pass -fail on many of these courses; 5.01 Work days and work weeks - Clarification of Alternative Work Schedules and Flextime Program for greater utilization of manpower and equipment; plus give flexibility to employees while not diminishing the quantity and quality of service provided to the Citizens of Monroe County; 5.02 Overtime Work for Non -Exempt, non -emergency response employees - clarified the use of compensatory time based on changes to FLSA requirements; 6.04 Holidays falling on Weekend - Changed date observed as holiday for facilities that are normally open on Saturday and Sunday; 7.01 Annual Leave - Recognition of the 37'/z hour workweek and addressing the proper accrual for hours worked; 7.01(C.1) - Use -or -lose annual leave policy. Employees will be paid for those hours in excess of maximum carryover. This is an incentive to employees who find it difficult to be absent from work and 01/15/2003 2003/12 beneficial to the County by increasing productivity of those people who would rather be at work than forced to use vacation rather than lose the time. Forced use -or -lose policy increases use of overtime in many positions ($11,000 lost by employees on September 30, 2002); 7.07 Payment of Unused Sick Leave - As an incentive to long-term employees - allowing those employees with a minimum of 480 accrued sick leave the option of receiving payment for '/Z of their yearly sick leave accrual (480 hours is the amount of time employees are entitled to under Family Medical & Leave Act). Employees eligible for this option are also eligible to receive partial payment for sick leave upon termination at their current salary. This is a reduction of long-term liability for these payments. -Estimate approximately $65,000 annually. Reduction of long-term liability. Remainder of sick leave is paid at termination per existing policy; 8.01(A) - Clarification of payment for jury duty; 8.01(E) - Clarification of usage of leave time governed by USERRA (Uniformed Service Employment & Re-employment Rights Act of 1994); and 8.01(K) - Mentoring Program - added information recognizing board approved program covered in Resolution 100-2000 granting up to one hour per week administrative leave for school mentoring and tutoring programs. COMMISSIONERS' ITEMS Board rescinded the December 18, 2002 decision that appointed Mayor Dixie Spehar as the F.E.M.A. liaison as part of her duties as Mayor and then appointed Commissioner Charles "Sonny" McCoy as the F.E.M.A. liaison for Fiscal Year 2003. Board granted approval of Commissioner Neugent's item to rename North Street to Wilhelmina Way located in Palm Villa Subdivision from Avenue B east to the shoreline. A private throughway from Wilhelmina Way to Pine Way shall officially be known as Merelyn Lane. Board granted approval of Commissioner Nelson's item of a Bill from Representative Ken Sorenson to abolish the City of North Key Largo Beach. Board granted approval of the confirmation for the Mayor to sign award and grant applications and/or Agreements for Monroe County Non -Profit Organizations to receive state or national recognition and/or funding for their work in Monroe County. COUNTY CLERK FINES & FORFEITURES Court Reporter Services, Amy Landry Reporting, in the amount of $135.00; Associated Court Reporters, in the amount of $4,814.00; Barbara J. Grant, in the amount of $1,631.50; Court Reporters of Key West, in the amount of $1,035.75; Monroe County Court Reporting, in the amount of $953.50; Suzanne Ex d/b/a All Keys Reporting, in the amount of $1,456.00; Veritext LLC, in the amount of $437.50. Competency Evaluation, A. Louis Oconnor PHD, in the amount of $350.00; James W. Holbrook EDD, in the amount of $350.00. Court Interpreter, Alex Diaz, in the amount of $665.00; Claudia M. Hancock, in the amount of $175.00; Elia C. Benson, in the amount of $55.00; Estrella Garcia, in the amount of $115.00; Jacob Zucker, in the 01/15/2003 2003/13 amount of $50.00; Mario Baldatti, in the amount of $183.58; Martha Hernandez, in the amount of $180.00; Sandra E. Lam, in the amount of $105.00; Sergio Alvarez, in the amount of $67.50. Witness Coordination, Witness Payroll, in the amount of $150.00; Witness Travel & Per Diem, in the amount of $2,053.75. Expert Witness, Key West Travel/Condo/Snedaker, in the amount of $989.00. Court Appointed Attorney Fees - Conflict, Alan P. Byrd, in the amount of $950.00; Carl Palomino Esq., in the amount of $6,272.50; Christine Bollong, in the amount of $2,193.75; Christopher Meyer, in the amount of $2,662.50; Erin H. Larabee PA, in the amount of $1,710.00; Gregory Davila, in the amount of $2,261.25; Joseph Albury, in the amount of $3,172.50; Laurie Hall Esq., in the amount of $915.00; Richard Fowler, in the amount of $4,551.75; Richard M. Behr, in the amount of $350.00; Richard Wunsch, in the amount of $14,475.00; Roberta S. Fine PA, in the amount $1,346.25. Other Services Circuit, Michael W. Strickland, in the amount of $286.38; State of Florida, in the amount of $975.00. Miscellaneous Expenses, Quality Copy Acquisition, in the amount of $66.30; State of Florida, in the amount of $3 84.15. 1`AIRA RA'X .I Board approved the following Warrants (#76501-77852 & 204129-204401): General Fund (001), in the amount of $2,821,798.67; Sup to General Revenue (002), in the amount of $40,201.99; Fine & Forfeiture Fund (101), in the amount of $113,375.35; Road and Bridge Fund (102), in the amount of $50,849.45; Law Library Fund (103), in the amount of $32.10; TDC District Two Penny (115), in the amount of $237,413.86, TDC Admin & Promo 2 Cent (116), in the amount of $383,599.14; TDC District 1,3 Cent (117), in the amount of $157,004.53; TDC District 2,3 Cent (118), in the amount of $5,213.67; TDC District 3,3 Cent (119), in the amount of $6,645.68; TDC District 4,3 Cent (120), in the amount of $148,645.68; TDC District 5,3 Cent (121), in the amount of $4,583.88; Gov. Fund Type Grants (125); in the amount of $625,268.89; Fire & Amb Dist 1 L&M Keys (141), in the amount of $129,904.74; Upper Keys Health Care (144), in the amount of $2,804.24; Fire & Amb Dist 6 Key Largo (146), in the amount of $31,098.73; Uninc Svc Dist Parks & Rec (147), in the amount of $14,390.19; Plan, Build, Zoning (148), in the amount of $115,832.77; Municipal Policing (149), in the amount of $339,714.84; 911 Enhancement Fee (150), in the amount of $37,882.25; Duck Key Security (152), in the amount of $1,275.30; Local Housing Assistance (153), in the amount of $758,920.89; Boating Improvement Fund (157), in the amount of $911.72; Misc. Special Revenue Fund (158), in the amount of $2,703.75; Law Enforcement Trust (162), in the amount of $7,200.00; 1 Cent Infra Surtax (304), in the amount of $465,466.12; Card Sound Bridge (401), in the amount of $3,732.94; Marathon Airport (403), in the amount of $155,675.85; Key West Intl Airport (404), in the amount of $214,530.32; MSD Solid Waste (414), in the amount of $925,011.78; Worker's Compensation (501), in the amount of $23,836.33; Group Insurance Fund (502), in the amount of $256,994.86; Risk Management Fund (503), in the amount of $87,090.53; Fleet Management Fund (504), in the amount of $66,617.93. 01/15/2003 .- EV IS10N-- ; 2003/14 TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of December 2002: Advertising, in the amount of $296,700.47; Bricks & Mortar Projects, in the amount of $99.272.08; Visitor Information Services, in the amount of $48,999.98; Events, in the amount of $87,452.74; Office Supplies & Oper Costs, in the amount of $54,496.23; Personal Services, in the amount of $62,735.40; Public Relations, in the amount of $67,258.64; Sales & Marketing, in the amount of $49,462.03; Telephone & Utilities, in the amount of $11,369.14; Travel, in the amount of $17,454.13. Board granted official approval of the Board of County Commissioners minutes from the Regular and Industrial Development Authority meetings of November 20, 2002. COUNTY ADMINISTRATOR Board granted approval of the Public Official Bond for Commissioner Richard Rudell, Florida Keys Mosquito Control District, in the amount of $2,000. Board granted approval of appointments to the Older American Advisory Board. New members are Norma MacDonald and John Dolota to replace members whose terms have expired and members who have resigned. Said list is incorporated herein by reference. Board adopted the following Resolution fixing and delineating the boundaries of the County Commissioners' Districts and providing for the numbering of the Districts all of which are in Monroe County, Florida. RESOLUTION NO. 029-2003 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Board granted approval to advertise an Ordinance authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each have provided at least ten (10) years of Fire, Rescue and Emergency Medical Services to the residents and visitors of Monroe County and whom each have reached the age of sixty; providing for severability; providing for the repeal of all Ordinance inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval and authorized execution of an Amendment to Bailment Agreement between Monroe County and the Key West Art & Historical Society, Inc., to extend, Agreement for an additional two years. Board granted approval to advertise an Ordinance authorizing the issuance of its Monroe County, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2003, in an aggregate principal amount not to exceed $25,000,000 secured by and payable from the pledged funds described herein for the principal purposes of financing the acquisition, construction and equipping of various capital improvements within the County; providing for various rights and remedies of the bondholders; providing that the bonds authorized hereunder will not create a O1/15/2003 2003/15 i I general debt or obligation of the County; providing for severability; and providing an effective date. Board granted approval and authorized execution of a Limited Right -of -Way Easement from Monroe County to George and Stella Sellers for purposes of allowing a concrete block structure permitted by the County to be erected in such a manner that it encroaches on the County's Right -of -Way. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution authorizing the Monroe County State Housing Initiatives Partnership (SHIP) Program Administrator to execute a Subordination Agreement on behalf of first time homeowners Jose and Juliette Torres, 16H Miriam Street, Stock Island, in order to refinance the existing primary mortgage at improved terms. RESOLUTION NO. 030-2003 Said Resolution is incorporated herein by reference. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES James E. Malloch, Community Services Division Director reported to the Board concerning the Transportation Report specifically the Miami Dade -Monroe Express Bus. Mr. Malloch also discussed the Southeast Florida Regional Transit Authority and the Regional Transportation Authority (RTA) initiative and informed the Board that there were Delegates going to a Legislative Conference in Tallahassee on January 22, 2002, to represent Monroe County. AIRPORTS Assistant County Attorney Bob Shillinger addressed the Board concerning the lien asserted by the Board on the Cuban biplane at the Key West International Airport and indicated that Scott Leads, attorney for the purchaser Ana Margarita Martinez, has requested that this item be continued to the February meeting of the Board. Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to continue the item to the February Board meeting in Key Largo. Motion carried unanimously. COUNTY ADMINISTRATOR Motion was made by Mayor Spehar and seconded by Commissioner McCoy to 'ieopen the Agenda to discuss item P.7 concerning approval of the revised Capital Improvement Plan contingent upon the issuance of bonds and approval of revised allocation percentages for the capital improvement plan. Motion carried unanimously. Motion was made by Mayor Spehar and 01/15/2003 1 2003/16 seconded by Commissioner Rice to reconsider the item later in the meeting. Motion carried unanimously. AIRPORTS Key West International Airport Manager, Peter Horton reported to the Board concerning the Year 2002 airport statistics. Mr. Horton also informed the Board that Discover Air had discontinued the only International Service from Key West. Mr. Horton indicated however, that Atlantic Southeast Airlines would be adding an additional direct flight from Key West to Atlanta on January 20, 2003 through April 4, 2003. Public Safety Director Reggie Paros updated the Board concerning the following projects at the Florida Keys Marathon Airport: Completion of T-Hangars; Florida Coastal Air, upon approval from the FAA, will begin service at the airport; and commencement of work being performed on the service road. DIVISION OF PUBLIC WORKS Jose Gonzalez, representing Gonzalez Architects updated the Board on work being performed at Jackson Square. DIVISION OF PUBLIC SAFETY Mr. Paros reported to the Board that at 8:00 a.m. tomorrow (January 16, 2003), from the Key Largo Fire Station, the County will participate in a practice emergency drill with the Florida Power & Light Turkey Nuclear Power Plant. FIRE RESCUE Monroe County Fire Marshal Clark Martin reported to the Board that on January 1, 2003, the revised countywide fire station numbering system was implemented. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry reported to the Board concerning a meeting that he, Mayor Spehar and the County Administrator attended with Captain Larry Cotton of the Key West Naval Air Station concerning development restrictions in an AICU Zone. Mr. McGarry discussed the Department of Community Affairs' concern over the 21 Beneficial Use Permits issued by the County. Mr. McGarry also discussed a Notice of Violation filed by the Department of Community Affairs concerning the Habitat Evaluation Index. 01/15/2003 2003/17 I The Board then discussed removal of the Area of Critical State Concern. Mr. McGarry addressed the Board. DIVISION OF PUBLIC WORKS Yvette V. London, AIA, Vice President, of Harvard, Jolly, Clees, Toppe Architects gave a presentation to the Board on the status of the design phase of the new Medical Examiner's Facility. Monroe County Medical Examiner Dr. Michael Hunter addressed the Board. DIVISION OF MANAGEMENT SERVICES Division of Management Services Director, Sheila Barker addressed the Board concerning the new budget format to be implemented in the Fiscal Year 2004 budget process. COMMISSIONERS' ITEMS Lee Mills, CEO of APBA Offshore Race Organization; and Marathon Mayor Randy Mearns addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval, and contingent upon approval by FDOT, to allow use of Marathon Airport and Old 7-mile Bridge for Powerboat races in Marathon from May 16-28, 2003, and also contingent upon meeting all County insurance, safety and security requirements. Mr. Roberts addressed the Board. COUNTY ADMINISTRATOR Mr. Roberts informed the Board that Teresa Cook, Marathon Airport Manager had resigned her position and that he will be working on reorganizing management issues. Mr. Roberts discussed 1) travel with Commissioner Neugent to Tallahassee on January 21-22, 2003, to meet with South Florida Legislators and representatives from the Governor's Office concerning the Regional Transportation Authority; 2) travel with Mayor Spehar tomorrow (January 16, 2003), to Miami for a special presentation before Congressman Young to discuss transportation and wastewater issues; 3) a possible trip on January 27-28, 2003, to Washington to discuss funding for wastewater issues; and, 4) a setting up of a new Intergovernmental Task Force which would search for funding for wastewater and stormwater projects. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy to send Commissioner Rice as the Board's representative to attend the Washington trip. Motion carried unanimously. Mayor Spehar discussed the revised capital improvement plan contingent upon the issuance of bonds and approval of revised allocation percentages for the capital improvement plan. Mayor Spehar requested that the proposed Stock Island Fire Station be put under the Capital Improvement Plan rather than the 304 Account. Mr. Roberts, and Jay Gewin, Executive Assistant to the Mayor of Key West and City Commission addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice to accept the 01/15/2003 2003/18 'I Capital Improvement Plan as agendaed. Roll call vote was unanimous. Said list is incorporated herein by reference. Mr. Roberts addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Nelson appointing Mayor Spehar, Commissioner Nelson and Commissioner Neugent to the 2003 Value Adjustment Board. Motion carried unanimously. County Attorney Richard Collins informed the Board that the two (2) Monroe County School Board appointees were Anne Cohan and Eileen Quinn. Mr. Roberts addressed the Board concerning clarification of the 2003 Appointments of Commissioners' various duties relating to the Marine Sanctuary Water Quality Steering Committee and the Marine Sanctuary Advisory Committee. Motion was made by Commissioner Rice and seconded by Commissioner McCoy to appoint Commissioner Rice to the Marine Sanctuary Water Quality Steering Committee and Commissioner Neugent to the Marine Sanctuary Advisory Committee. Motion carried unanimously. AIRPORTS Presentations were made by the following four firms that responded to the Request for Qualifications (RFQ) for the implementation of the Key West International Airport's Noise Insulation Program (NIP), Phase 3 of the NIP will soundproof 50 homes in the neighborhood of the airport: C & S Companies; MEA Group, Inc.; THC, Inc.; and Wyle Laboratories, Inc. After all the presentations were made, the Board proceeded to ballot on the basis of the lowest point total being the firm selected. The Clerk announced the following results: Nelson Rice McCoy Spehar TOTAL C&S 1 2 2 2 7 MEA 3 3 3 3 12 THC, Inc. 4 1 1 1 7 WALE 2 4 4 4 14 The Clerk announced that there was a tie in above results. The Board proceeded to re -ballot only on the two firms that resulted in a tie, as follows: Nelson Rice McCoy Spehar TOTAL C&S 2 2 2 2 8 THC, Inc. 1 1 1 1 4 Motion was then made by Commissioner Nelson and seconded by Commissioner McCoy authorizing Star to negotiate a contract with the selected firm of THC, Inc. Motion carried unanimously. 01/15/2003 RE� MKI. 2003/19 DIVISION OF GROWTH MANAGEMENT Brad Loar, Chief of the Community Litigation Programs Branch of the Federal Emergency Management Agency in Atlanta discussed with the Board the approved implementation Plan for the Flood Insurance Inspection and Compliance Program and proposed amendments to County's floodplain management regulations pursuant to this plan. The following individuals addressed the Board: Kieran Mahoney, representing the Citizen's Code Committee; Jim Williams, Michele Hardin, H.T. Pontin, W. Scott Anderson, and Glenn Patton, representing the Port Largo Residential Property Owner's Association. This item is discussed later in the meeting under agenda item T.1, and is continued to the February meeting of the Board in Key Largo at 5:00 p.m. Commissioner McCoy excused himself from the meeting. PUBLIC HEARINGS The continuation of a Public Hearing was held to consider an Administrative Relief Application filed by Larry and Irene Malanga for Lot 10 in Eden Pines Subdivision on Big Pine Key. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Nelson to continue the Public Hearing to the March meeting of the Board in Marathon. Motion carried unanimously, with Commissioner McCoy not present. Commissioner McCoy returned to the meeting. WASTEWATER ISSUES Mr. Roberts, and Jim Reynolds, representing the Florida Keys Aqueduct Authority gave the Board an update briefing on wastewater management projects and issues. Motion was made by Commissioner Nelson and seconded by Commissioner McCoy granting approval and authorizing execution of a State Financial Assistance Agreement, DEP Agreement No. LP0337, between Monroe County and the Florida Department of Environmental Protection providing funds for wastewater improvements to be utilized for two County sponsored private utility projects, Key West Resort Utilities and North Key Largo Utilities. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval and authorizing execution of a Contract for Wastewater Service at North Key Largo, Florida between Monroe County and North Key Largo Utility for completion of wastewater improvements in fulfillment of grant obligations between Monroe County and the Florida Department of Environmental Protection under Grant Agreement LP0337. Motion carried unanimously. A Public Hearing was held concerning adoption of an Ordinance amending Ordinance No. 004-2000, Monroe County Code, in order to provide definitions of mobile home and mobile home O1/15/2003 i 2003/20 park; providing that the owner of a mobile home park required to connect to an investor owned wastewater utility may pay the utility's connection fee in three equal installments; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted public input with the following individuals addressing the Board: Raymond C. Vanyo, Sr., representing Overseas Trailer Park; Carolee McReynolds, Tom Newman, Mary Shields, representing Stock Island Trailer Park; John Pozzi, representing Leo's Campground; Lucy Gage, George Pache, T. Ross Murpy, Brenda Conroy, Diana Flenard-Moore, Kim Wigington, Al Vercellino, Melody Cooper, Bill Robertson, Steve Wigington, JoAnn Cronin, John B. Jones, Kurt Heiter, Debra L. Richardson, and Sandra Walters, representing Roy's Trailer Park/Michael Browning. County Attorney Richard Collins and Chief Assistant County Attorney Rob Wolfe also addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson to table the item to the February meeting of the Board in Key Largo. Motion carried unanimously. Commissioner Nelson excused himself from the meeting. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance amending Sections 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 Ordinances 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. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Rice to continue to the February meeting of the Board in Key Largo at 5:00 p.m. Motion carried unanimously, with Commissioner Nelson not present. The first of two Public Hearings was held to consider adoption of an Ordinance amending Monroe County Code Section 9.5-4 (H-6, Home Occupation), Monroe County Code to provide clearer definition; amending Sections 9.5-233, 234, 235.1, 236, 237, 238, 239, 240, 241, 242, and 248 to delete Public Hearing requirement; amending Section 9.5-247 (Commercial Fishing Special Districts), to allow home occupations; creating Section 9.5-259 to provide rules and procedures for administrative approval by the Planning Director of home occupations; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and providing for an effective date. Mr. McGarry addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner McCoy to continue to the February meeting of the Board in Key Largo at 5:00 p.m. Motion carried unanimously, with Commissioner Nelson not present. Commissioner Nelson returned to the meeting. O1/15/2003 2003/21 WASTEWATER ISSUES Bill Smith, representing Key West Resort Utilities addressed the Board. After discussion motion was made by Commissioner McCoy and seconded by Commissioner Nelson granting conceptual approval to extend the Contract between Monroe County and Key West Resort Utilities to provide an engineering/survey for the Rockland, Big Coppitt and Geiger Key wastewater project. Chief Assistant County Attorney Rob Wolfe, and Clerk of Court Danny L. Kolhage addressed the Board. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Karen K. Cabanas, Esq. of the firm Morgan and Hendrick referred the Board to her written Growth Management Litigation Report, dated January 13, 2003. COUNTY ATTORNEY Mr. Wolfe discussed with the Board a request by Islamorada, Village of Islands to rejoin the Upper Keys Health Care Taxing District. This item was referred to Staff. MISCELLANEOUS Mayor Spehar discussed having Board workshops that would not be televised and would not include public input. Mr. Collins, Mr. Roberts, and Mr. Kolhage addressed the Board. -- Mayor Spehar requested that at the February meeting of the Board in Key Largo there be a Board workshop to begin at 9:00 am, with the regular meeting at 10:00 a.m. 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 Isabel C. DeSantis, Deputy Clerk