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01/17/2001 Regular 2001/4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, January 17, 2001 Key West, FL A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., on the above date at the Harvey Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner Nora Williams, and Mayor George Neugent. Absent was Commissioner Dixie Spehar. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; County Attorney James T. Hendrick; County Staff, members of the press and radio; and the general public. 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 October 2000 Employee of the Month award to Nancy Howanitz, Librarian, Monroe County Public Libraries, Community Services Division. Presentation of Years of Service Award to Mary Alexander, Library Technical Services Clerk, Public Library - Key West, Community Services Division, for 30 years of service. Presentation of Years of Service Award to Thomas Hambright, Local Historian Librarian, Public Library - Key West, Community Services Division, for 15 years of service. Presentation of Years of Service Award to William Wright, Heavy Equipment Operator, Roads & Bridges, Public Works Division, for 15 years of service. Motion was made by Commissioner Williams and seconded by Commissioner Nelson to re-open the Agenda to add Agenda item B.5. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Nelson to approve the Proclamation declaring January 28,2001 as Joe Marti Day. Motion carried unanimously. 2001/5 BULK APPROVALS Motion was made by Commissioner Nelson and seconded by Commissioner Williams granting approval of the following items: Board granted acceptance of the Monroe County Florida Volunteer Firefighter and Emergency Medical Services Length of Service Award Plan, Actuarial Reports, dated December 31, 1999, and January 1, 2000. Board adopted the following Resolution authorizing Monroe County to enter into equipment (fire truck) leases and granted approval and authorized execution of a Contract between Monroe County and Pierce Manufacturing Inc., in support of the Lease Purchase Agreement with Banc One Leasing Corporation (which was approved at the December 13, 2000 meeting). RESOLUTION NO. 002-2001 Said Resolution is incorporated herein by reference. Board granted approval of the recommendation to appoint Rayme Suarez to the Upper Keys Health Care Taxing District Advisory Board, to fill the seat vacated by Luis Garcia. Board granted approval and authorized execution of Contract Number WWT-PY'OO-OIA-OI between Monroe County and South Florida Employment and Training Consortium (SFETC) to have Community Service Division Director continue liaison representative duties. Board granted approval to purchase one transportation bus using the Public Transportation Joint Participation Agreement between Monroe County and the State of Florida Department of Transportation (FDOT) by piggy backing on the FDOT FVPPOO-O I-CA Florida Vehicle Procurement Program. Board granted approval and authorized execution of the January 1,2001 through December 31,2001, Older American's Act Contract No. AA-129 between Alliance for Aging, Inc. and Monroe County, Monroe County Social Services and Monroe County In-Home Services, the Case Management Agency. Board granted approval and authorized execution of the IV.B. Match Commitment of Cash Donation pages to be included in the January 1, 2001 through December 31,2001, Grant Application (OA3B, Home Care for the Elderly, in the amount of$ll,150.99; III C-I, Congregate Meals, in the amount of $45,559.00; III C-2, Home Delivery Meals for the 2001 AA129 Contract, in the amount of $22,263.96) between Alliance for Aging, Inc., and Monroe County, Monroe County Social Services and Monroe County In-Home Services. Board granted approval and authorized execution of Amendment 0001 to the October 1, 2000 through June 30,2001 Community Care for Disabled Adults Contract KG032 between the 2001/6 State of Florida, Department of Children and Families and Monroe County, Monroe County Social Services (Monroe County In-Home Service Program, the Case Management Agency). Board granted approval and authorized execution of an Application for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration for financial assistance to purchase two transportation buses. Board granted approval to procure a Purchase Order with Dell Computers in the amount of$37,348.95 (State Contract pricing). This purchase fulfills the capital equipment portion of The Library Services and Technology Act Grant for the Libraries' mobile computer training lab. Board granted approval to advertise for bids for a complete computer system for Solid Waste Management for annual assessment and certification. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Dion Oil Company for delivery of diesel fuel and unleaded gasoline for one additional year. Board granted approval of a Purchase OrderIPurchase Agreement to between Monroe County and Florida Detroit Diesel Allison, the low bidder, for eleven (11) towable generators and one (1) towable load bank with options in the amount of $256,549.00 Board granted approval to increase future/renewal Lease Agreements between Monroe County and Sheriff Deputies residing on County property to reflect increase in rental fee by $25.00 per month. Board granted approval to rescind Lease Agreement between Monroe County and Deputy George Rosemeyer effective December 31,2000, and granted approval and authorized execution of a Lease Agreement with a Sheriff Deputy appointed by Sheriff Richard D. Roth to reside in one-half of the duplex located at the Key Largo Community Park. Board granted approval to advertise for bids to furnish all labor and materials to pressure clean and paint the Monroe County Regional Service Center in Marathon. Board granted approval to award bid and authorized execution of a Contract between Monroe County and R.L. James, Inc. for the Courthouse Annex stucco repair, painting, and threshold raising project. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to remove open gate and to allow pedestrian/bicycle access at the end of 5th Street, @ 12th Avenue, Stock Island and that the Sheriffs Office be the gatekeeper. 2001/7 Board granted approval and authorized execution of a Contract between Monroe County and Zyscovich, Inc. to perform professional services to develop a Master Plan for Higgs Beach. Board granted approval and authorized execution of an Extension ofInsurance Consulting Agreement between Monroe County and Interisk Corporation to provide risk management, employee benefits and worker's compensation consulting services. Board granted approval to spend police impact fees to add a camera and listen-in base station between dorms C and D in the Stock Island Jail. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds and Rescinding Resolutions: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 003-2001 Said Resolution is incorporated herein by reference. Rescind Resolution No. 469-2000 (OMB Schedule Item No.2). RESOLUTION NO. 004-2001 Said Resolution is incorporated herein by reference. Rescind Resolution No. 470-2000 (OMB Schedule Item No.3). RESOLUTION NO. 005-2001 Said Resolution is incorporated herein by reference. Rescind Resolution No. 471-2000 (OMB Schedule Item No.4). RESOLUTION NO. 006-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 007-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 008-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). 2001/8 RESOLUTION NO. 009-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 010-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 011-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 012-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 013-2001 Said Resolution is incorporated herein by reference. ".....-.. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 014-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 015-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 016-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 017-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 018-2001 2001/9 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 019-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 020-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 021-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 022-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 023-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 024-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 025-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 026-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 027-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 028-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 029-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 030-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 29). RESOLUTION NO. 031-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 032-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 31). RESOLUTION NO. 033-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). Transfer of Funds (OMB Schedule Item No. 33). RESOLUTION NO. 034-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 34). RESOLUTION NO. 035-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 35). 2001/10 RESOLUTION NO. 036-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 037-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 37). RESOLUTION NO. 038-2001 Said Resolution is incorporated herein by reference. Amending Resolution No. 385-2000 (OMB Schedule Item No. 38). RESOLUTION NO. 039-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 39). RESOLUTION NO. 040-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 041-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 042-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 043-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 43). RESOLUTION NO. 044-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). 2001/11 2001/12 RESOLUTION NO. 045-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Guidance Clinic of the Middle Keys to increase funding by $41,000.00. Board granted approval and authorized execution of a Contract Amendment between Monroe County and PACE Center for Girls/Monroe County, correcting amount. Board granted approval to advertise Request for Qualifications for a General Airport Consultant for the Key West and Marathon airports. Board granted approval and authorized execution of Purchase Service Order No. 00/01-04 between Monroe County and URS for services for the T-Hangar Taxiway Project at the Marathon Airport. Board granted approval and authorized execution of Purchase Service Order No. 00/01-05 between Monroe County and URS for services for the Sheriffs Aircraft Parking Apron at the Marathon Airport. Board granted approval and authorized execution of Purchase Service Order No. 00/01-06 between Monroe County and URS to update the Master Plan and Airport Layout Plan for the Marathon Airport. Board granted approval to purchase one (1) Type I, F-450 Emergency Medical Vehicle (ambulance) by "piggybacking" on our own previously awarded competitive bid from Wheeled Coach Industries, Inc. in the amount of$100,217.00. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution requesting the assignment of Elderly Homeowner Rehabilitation Program Funds in the amount of$9, 792.12 to Habitat for Humanity of Key West and Lower Florida Keys, Inc. on behalf of the very-low income/handicapped household of Otis Curry, 36C 10th Street, Stock Island, Florida. RESOLUTION NO. 046-2001 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of expenditures from the Law Enforcement Trust Fund in the total amount of33,790 for the following items: 2001/13 $1,500 This amount will assist the Cuban/American Heritage Organization with pedestrian safety improvements and exterior lighting for the Jose Marti monument restoration project. $2,290 This sum will be given to the American Youth Soccer Organization Region 901 (Big Pine Key, Florida) to assist the travel all star team with referee fees, player registration, uniforms and travel expenses incurred participating in the A YSO State Championship games. $5,000 This amount will be given to the Pigeon Key Foundation to assist in purchasing a LCD-projector and a sound system for a program that is being developed to offer ongoing monthly movies in an "Old Drive-In Movie" style setting for the community. $25,000 This sum will be transferred to the Monroe County School District for the current school year. It will be use to fund a variety of currently unbudgeted programs. Board granted approval of Sheriff Richard D. Roth's Public Official Bond in the amount of$15,000. COMMISSIONERS' ITEMS Board granted approval of Mayor Neugent's appointment of Weston Kemp to the Library Advisory Board to expire October 1, 2003, fulfilling the term of Alexis Colicchio who resigned. Board granted approval to close the Old 7 Mile Bridge on Sunday January 28,2001 from 7:15 am until 9:30 am for the purpose ofa 5K run. Board adopted the following Resolution in recognition of the lifelong resident, the late Joe J. Pinder. RESOLUTION NO. 047-2001 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner McCoy's re-appointment of Adele Virginia Stones to the Land Authority Advisory Board. Board granted approval of the announcement of an invitation to the County Commissioners to attend the Annual Library Board/Library Friends Joint Meeting to be held March 27,2001, at 10:00 am to be located at the Marathon Government Center BOCC meeting room. Board granted approval to dedicate the Big Pine Tennis Courts in the name of Susann Thisler, and placement of plaque at the site. Board granted approval of Commissioner Williams' appointment of Chris Tejera to the Parks and Recreation Advisory Board, replacing Dan Kratish who has stepped down. 2001/14 Board granted approval of Commissioner Nelson's appointment of Andrew M. Tobin to the Florida Keys Council for People with Disabilities, replacing Estelle Incociati who has resigned. COUNTY CLERK FINES & FORFEITURES Board approved the following Fine and Forfeiture Expenditures: Court Reporter Services, Accurate Stenotype Report, in the amount of$142.00; All Keys Reporting, in the amount of $30.00; Amy Landry, in the amount of$521.75; Associated Court Reporters, in the amount of$I,582.50; Esquire Deposition Service, in the amount of $73.00; Florida Keys Reporting, Inc., in the amount of$232.50; Joyce Bond Court Reporter, in the amount of $222.00; Laws Reporting, Inc., in the amount of$139.25; Michaels Video Production, in the amount of $40.00; Vincent M. Lucente & Assoc., in the amount of$17.20; Wendy L. McGarry, in the amount of$1,083.75. Competency Evaluation, Care Center for Mental Health, in the amount of$350.00; Fredrick L. Covan, PhD, in the amount of $700.00; James W. Holbrook ED D, in the amount of $2,950.00. Court Interpreter, Alex Diaz, in the amount of$255.00; Anna M. Stults, in the amount of$255.00; Estrella Garcia, in the amount of $235.00; Grace Krulaski, in the amount of$25.00; Jean C. Nelson, in the amount of$150.00; Mayda Maloney, in the amount of $319.00; Sergio Alvarez, in the amount of $177.50; William G. Waddell, in the amount of$335.00; Witness Coordination, Witness Payroll, in the amount of $260.00; Witness Travel & Per Diem, in the amount of$1,214.81; Court Appointed Attorney Fees - Conflict, Christine Bollong, in the amount of$952.50; Gregory Davila, in the amount of $142.50; Halford Schuhmacher, Esq., in the amount of$ 1,546.75; Jason R. Smith, in the amount of$43,312.50; Laurie Hall, in the amount of $890.40; Law Firm of Julio F. Margalli & Andrea S. Margalli, in the amount of$6,550.35; Merrell F. Sands, III, in the amount of$993.75; Victoria McFadyen, in the amount of $496.59; Expert Witness Fees, International Assessment, in the amount of $2,500.00; Other Services Circuit, Key West Travel/Condo, in the amount of $259.00; Nancy Rossell, in the amount of$32.00; Robert B. Shillinger, in the amount of $282.06; Extraditions, Monroe County Sheriffs Department, in the amount of$30,450.35. WARRANTS Board approved the following Warrants (#041767-043227): General Fund (001), in the amount of $2,998,220.38; Sup to General Revenue (002), in the amount of$40,933.57; Affordable Housing Project (100), in the amount of $222.93; Fine & Forfeiture Fund (101), in the amount of$7,245,136.15; Road & Bridge Fund (102), in the amount of$212,925.54; Law Library Fund (103), in the amount of$4,055.17; TDC District Two Penny (115), in the amount of$B4,687.39; TDC Admin. & Promo 2 Cent (116), in the amount of $82,462.30; TDC District 1,3 Cent (117), in the amount of $240,075.79; TDC District 2,3 Cent (118), in the amount of$IO,603.06; TDC 3,3 Cent (119), in the amount of $19,837.97; TDC District 4,3 Cent (120), in the amount of$ll, 175.37; TDC District 5,3 Cent (121), in the amount of$8, 118.59; Gov. Fund Type Grants (125), in the amount of 2001/15 $303,056.92; Impact Fees Police Fac. (134), in the amount of $701.47; Impact Fees Fire & EMS (135), in the amount of $22,561.00; Fire & Amb Dist 1 L&M Keys (141), in the amount ofS140,021.14; Translator System System Svc. Dst. (142), in the amount of $667.22; Upper Keys Health Care (144), in the amount of$71,229.85; Fire & Amb Dist 6 Key Largo (146), in the amount of $28,074.57; Uninc. Svc. Dist. Parks & Rec. (147) in the amount of $34,479.32; Plan, Build, Zoning (148), in the amount of$48,563.51; Municipal Policing (149), in the amount of $367,321.49; 911 Enhancement Fee (150), in the amount of$4,830.23; Duck Key Security (152), in the amount of $6,060.90; Local Housing Assistance (153), in the amount of $79,332.81; Boating Improvement Fund (157), in the amount of $6,700.00; Misc. Special Revenue Fund (158), in the amount of $2,485.40; FL Keys Marine Marathon (159), in the amount of $29,542.79; 1 Cent Infra Surtax (304), in the amount of$776,513.48; Card Sound Bridge (401), in the amount of$7,168.60; Marathon Airport (403), in the amount of $51,044.75; Key West IntI. Airport (404), in the amount of$96,232.73; MSD Solid Waste (414), in the amount of$1,543,331.13; Worker's Compensation (501), in the amount of $11,420.57; Group Insurance Fund (502), in the amount of $74,284.20; Risk Management Fund (503), in the amount of$55,293.65; Fleet Management Fund (504), in the amount of $85,224.49; Law Enforcement Trust Fund (600), in the amount of$177,373.77; Court Facilities Fees (602), in the amount of$625.00. Board granted official approval of the Board of County Commissioner's minutes from the November 3,21, and 22,2000 and December 13. and 14.2000 meetings. Board granted approval of the following Tourist Development Council Expenditures for the month of December, 2000: Advertising, in the amount of$15,609.73; Chamber Payments, in the amount of$38,333.32; Events, in the amount of$I13,019.50; Office Supplies & Oper Costs, in the amount of $136,929.37; Public Relations, in the amount of$94,418.69; Sales & Marketing, in the amount of$54,058.68; Telephone & Utilities, in the amount of$12,052.98; Travel, in the amount of$8,067.19 Board granted approval to rescind agenda item P2 (County Attorney item) from the March 15,2000 BOCC meeting concerning approval of Agreement between Monroe County and Ervin A. Higgs as the Monroe County Property Appraiser providing for reimbursement of administrative and actual costs incurred in the levy, collection and enforcement of non-ad valorem assessments using the Uniform Method of ad valorem tax assessment. COUNTY ADMINISTRATOR Board granted approval to rescind an agreement with Keys Hospital Foundation, Inc. regarding temporary storage at the old Mariner's Hospital property. Board granted approval of Property Appraiser Ervin A. Higgs, Public Official Bond in the amount of$10,000. 2001/16 COUNTY ATIORNEY Board granted approval and authorized execution of two (2) Quit Claim Deeds for property at the end of Johnson Street, Ramrod Key to Rudolph and Roseann Krause, party of the second part whose address is 26351 Old State Road 4, Ramrod Key and James and Margaret Sprague, party of the second part whose address is 416 Bayshore Drive, Ramrod Key. Board granted approval and authorized execution of one (1) revised Asset Purchase Agreement and a second Agreement (entitled Asset Purchase Agreement Lynn M. Parker) and LPTV, Inc. through Lynn M. Parker for sale of translator equipment and licenses. Board adopted the following Resolution amending Resolution No. 485-2000, in order to prohibit parking overnight on 2nd Avenue, Mandalay Subdivision, Key Largo. RESOLUTION NO. 048-2001 Said Resolution is incorporated herein by reference. Board granted approval for the Mayor to execute three (3 ) Asset Purchase Agreements for TV stations at Rock Harbor and Matecumbe through Keith Shwayder to: Colorado Community Broadcast, Inc. and two (2) to Masada Media, Inc. Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of Bahama Road North, Marion Park Subdivision Key Largo, Florida. RESOLUTION NO. 049-2001 Said Resolution is incorporated herein by reference. Board granted approval to advertise an Ordinance amending Section 6-57(b), Monroe County Code, requiring signs placed on contractors' vehicles to be permanent; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Board granted approval to advertise an Ordinance amending Section 6-66(7), Monroe County Code, in order to include in the prohibited actions mismanagement or misconduct which causes financial harm to another contractor; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Board granted approval to advertise an Ordinance amending Section 13-14(f), Monroe County Code, in order to provide that the $3 court cost assessment for the operation and administration of Teen Court be transferred to the Sheriff of Monroe County instead of the State Attorney for the 16th Judicial Circuit; 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. 2001/17 MONROE COUNTY TAX COLLECTOR Board granted approval to allow the Monroe County Tax Collector to handle the bid process for the selection of the newspaper to advertise the Delinquent Tax Rolls for the 2000 Tax Year. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Community Services Director, James Malloch reported to the Board status of the Duck Key Breakwater Restoration Project. Mr. Malloch also discussed extension of the Miami-Dade bus route. DIVISION OF PUBLIC SAFETY Public Safety Director, Reggie Paros reported to the Board concerning operations in Fire District I - Conch Key Fire Department and indicated that they had taken action to begin to dissolve their not-for-profit Corporation. DIVISION OF PUBLIC WORKS Public Works Director, Dent Pierce reported to the Board concerning repairs to the driveway of the Harvey Government Center at Historic Truman School. AIRPORTS Key West Airport Director, Peter Horton reported to the Board concerning the beginning of the largest paving and re-paving project ever attempted at the Key West International Airport and indicated that the runway would be closed from midnight to 6:00 AM during the project. Mr. Horton informed the Board of a recommendation from the airport's liability insurance underwriter concerning removal of three (3) pine trees closest to South Roosevelt Boulevard from the Pines Park at the airport. Mr. Horton discussed a Master Plan Update for the Key West International Airport and recommended it be undertaken with a large measure of community input and involvement in the process. Deborah Murphy, representing URS Greiner made a presentation to the Board concerning the ongoing Noise Insulation Program (NIP) for 300 homes in the vicinity of Key West International Airport, and approval of the NIP Treatment Policies and Procedures. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson 2001/18 granting approval of the document entitled Key West International Airport Part 150 Noise Compatibility Program, Noise Insulation Program Treatment Policies and Procedures, dated December 27, 2000 - Submitted by: URS in Conjunction with: Jones Payne Architects & Planners, Inc., Wyle Laboratories, Inc., Terrell Hundley Carroll, Inc. Motion carried unanimously. The Board discussed approval for the Marathon Chamber of Commerce to hold the Seafood Festival event at the Marathon Airport March 24-25,2001. The Chamber also requests the BOCC waive fees for use of the airport. Theresa Cook, Marathon Airport Manager addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval to hold the Seafood Festival event at the Marathon Airport, March 24-25,2001, with the caveat that StatTrecommendation is followed which recommends coordination with the Airport Manager throughout the planning process and denial of the request for the $500 fee waiver. County Administrator James Roberts addressed the Board. After further discussion, the motion was amended by the maker with the second accepting to reflect that above item be contingent upon usual County requirements, i.e. hold harmless provisions, etc. Motion carried unanimously. The Board discussed approval for the Marathon Chamber of Commerce to hold the Winter Carnival event at the Marathon Airport, February 16-19, 2001. The Chamber also requests the BOCC waive fees for use of the airport. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval for the Marathon Chamber of Commerce to hold the Winter Carnival event at the Marathon Airport February 16-19, 2001, with the caveat that Staff recommendation is followed which recommends high profile ride locations be cleared with Airport Manager before setup, and obstruction lighting and 24 hour Monroe County Sheriff deputy coverage be provided, and denial of the request for the $500 fee waiver. After consideration, the motion was withdrawn. Ms. Cook addressed the Board. Ray Kitchener, Executive Director of the Marathon Chamber of Commerce also addressed the Board. After further discussion, the item was approved with the caveat that the Chamber of Commerce work directly with the Airport Manager for the removal and/or relocation of specific rides that may cause safety concerns, with appropriate notices to be sent; and denial of the request for the $500 fee waiver. Roll call vote was unanimous. DISTRICT #1 LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors for District # 1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Murray Nelson, Mayor George Neugent, Commissioner Nora Williams, and Chairperson Yvonne Harper. Absent was Commissioner Dixie Spehar. Pubic Safety Director, Reggie Paros reported to the Board the status of the Conch Key Fire Department dissolution of their not-for-profit Corporation. 2001/19 Motion was made by Commissioner Williams and seconded by Mayor Neugent granting approval and authorizing execution of a License and Service Agreement between the Board of Governors, Lower and Middle Keys Fire & Ambulance District and Sweet Computer Services, Inc., in the total amount of$I,143. Motion carried unanimously. Motion was made by Mayor Neugent and seconded by Commissioner Williams granting approval for agenda item H3 on December 13, 2000 agenda, which was a request to approve to purchase two (2) Type I Ford 450 Ambulances by "piggybacking" on our own previously awarded competitive bid, be amended to allow trade-in vehicles to consist of County Property Numbers 141602-15 and 1413-36, in lieu of County Property Numbers 141602-15 and 141602-16. Roll call vote was unanimous. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * * The Board of County Commissioners reconvened with all Commissioners present. Sandy Higgs, on behalf of the Southernmost Homeless Assistance League, extended an invitation to the Board to attend a luncheon at the Poinciana Special Needs Housing Complex, Key West. DIVISION OF PUBLIC WORKS Architect Jose Gonzalez updated the Board concerning work being performed at the Jackson Square Project. County Attorney James T. Hendrick addressed the Board concerning Rovel Construction - Old Courthouse Renovation and Addition - Phase I. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy approving Staff recommendation that the 10% retainage held on all previous pay requests be reduced to 5% as agreed and as stated in the Mutual Release dated July 26, 2000, with certification from the Architect. Roll call vote was unanimous. Architect Bert Bender updated the Board on the status of the Marathon Community Park. Mr. Hendrick addressed the Board. Dave Thomas, representing General Kantrax, Inc. also addressed the Board. Architect Bert Bender updated the Board on the status of the Gato Building Renovation Project. County Engineer Dave Koppel addressed the Board and introduced individuals from the firms of Bender & Associates Architects, P.A., and Architectural Concepts, Inc., who made presentations for professional services at the old Mariner's Hospital Building. After the presentations were made, the Board proceeded to ballot on the basis of the lowest point total being the firm selected, with the following results: 2001/20 NAME McCoy Nelson Williams Neugent Total Architectural 1 2 1 2 6 Concepts Bender & 2 1 2 1 6 Assoc. The Clerk announced results of the above totals. The Board agreed to re-ballot, with the following results: NAME McCoy Nelson Williams Neugent Total Architectural 2 2 2 2 8 Concepts Bender & 1 1 1 1 4 Assoc. Motion was made by Commissioner Williams and seconded by Commissioner McCoy authorizing StatTto negotiate a contract with Bender & Associates Architects, P.A. Motion carried unanimously. Joseph B. Kauffinann, Director, Sales & Marketing for Comair, Delta Connection made a presentation before the Board concerning jet service into the Key West International Airport. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Sec. 13-53, Monroe County Code, in order to revise the subsection of the Noise Control Ordinance that requires live entertainment or amplified sound in commercial establishments be in fully enclosed structures; 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. Sheriff Richard D. Roth and Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 002-2001 Said Ordinance is incorporated herein by reference A Public Hearing was held concerning adoption of an Ordinance authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each have provided at least ten (10) years offire, 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 Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. There was no public input. Motion was made by Mayor Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Roll call vote was unanimous. 2001/21 ORDINANCE NO. 003-2001 Said Ordinance is incorporated herein by reference The second of two (2) Public Hearings was held concerning adoption of an Ordinance amending Section 8-82( e), Monroe County Code, in order to provide that any collector exiting Monroe County with equipment loaded with construction and demolition debris shall use Card Sound Road and shall produce service tickets; Providing for the delivery of service tickets to the Office of Solid Waste Management if disposal is made within Monroe County at a site other than a County-owned transfer station; 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 individual addressing the Board: Attorney Tim Koenig, representing Yellow Brick Road and Key West Transfer Station. Mr. Roberts and Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the Ordinance with the following amendment: In Section L (e) delete item ill i. Customer signature; and In Section L (e) (9) change the word daily to the word monthly in the paragraph. Roll call vote was unanimous. ORDINANCE NO. 004-2001 Said Ordinance is incorporated herein by reference COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning research on leasing CARL property for recreational use in preparation for our Big Pine Key Town Meeting. No official action was taken by the Board. Commissioner Williams discussed her item with the Board for discussion, additions and approval of shared goals for our 2001 governing season. Motion was made by Commissioner Williams and seconded by Mayor Neugent granting approval of the version which includes the comments of Mayor Neugent. Said list of the 2001 Goals for the BOCC are incorporated herein by reference. Motion carried unanimously. Commissioner Williams discussed her item with the Board concerning ongoing issues with the FDOT Hurricane Evacuation Report and approval of resolution stating our commitment to traffic management techniques rather than construction projects to reach an evacuation of23 hours clearance time to Florida City. Jay Gewin, representing the City of Key West addressed the Board. No official action was taken by the Board. 2001/22 MONROE COUNTY SHERIFF'S DEPARTMENT Sheriff Roth addressed the Board and introduced individuals from the Department of Juvenile Justice and the Architect firm of Elements who made a presentation for the construction of the Department of Juvenile Justice Building. Carlos Zarate, Senior Director, Facilities Maintenance and Mr. Roberts addressed the Board. Mayor Neugent excused himself from the meeting. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy granting conceptual approval to move forward with the construction of a Department of Juvenile Justice Building, with appropriate documentation to follow. Motion carried unanimously, with Mayor Neugent not present. Sheriff Roth addressed the Board and introduced Detective Sergeant Bobby Randolph who made a presentation to the Board concerning an Agreement between Monroe County and the State of Florida Department of Environmental Protection for a Unique and Innovative Project Grant. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy granting approval and authorizing execution ofDEP Agreement No., HW448 State of Florida Unique and Innovative Project Grant, pursuant to line item 1615 of the 2000-2001 Appropriation Act. Motion carried unanimously, with Mayor Neugent not present. COMMISSIONERS' ITEMS Commissioner Williams announced the Phase II waster usage restrictions imposed by the South Florida Water Management District. Commissioner Williams discussed her item with the Board for Federal and other Grant Funding for Water Quality Improvement Projects throughout the Keys. Mayor Neugent returned to the meeting. Mr. Roberts discussed conceptual approval of an agreement with Key West Utilities to accept sewage directly from the Monroe County Detention Facility on Stock Island. Motion was made by Commissioner McCoy and seconded by Commissioner Williams granting conceptual approval of the item. William Smith addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to table the item. Motion carried unanimously. COUNTY ATTORNEY Mr. Hendrick addressed the Board concerning approval to advertise an Ordinance creating Sec. 2.1-5, Monroe County Code, Providing for Definitions; Providing that the possession of or consumption from open containers of alcoholic beverages while upon public or semi-public areas open for vehicular travel, commercial establishment parking lots, or property owned by or under lease to the County is prohibited; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of 2001/23 Ordinances; and Providing an effective date. Mr. Hendrick addressed the Board and recommended the following new language: Section 1. Sec. 2.1-5 (a) (3) Commercial Establishment Parking Lot means anv private or public open space appurtenant to a commercial establishment which is used by the public for parking of vehicles or pedestrian access to commercial establishments including parking areas. sidewalks and walkways appurtenant thereto. (4) Public or Semi-public area open for vehicular or pedestrian travel means any private or public road, street, highway, right-of-way, lane, alley, parking lot, or parking area on which the public is expressly or implicitly invited to travel by motor vehicle or pedestrian means or which is other wise open for such travel. It does not include areas such. as golf courses, private driveways, or property serving a single dwelling unit. The following individuals addressed the Board: Orin Opperman, Chairperson of the Stock Island Business and Homeowner's Association; Nancy Hillman, Brian Carman, Reverand Morris Wright, representing Key West Baptist Temple; and John Coffey. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Williams granting approval to advertise the above Ordinance, with the new language presented by the County Attorney, for a Public Hearing. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item with the Board concerning the approval to appoint Commissioner Nelson and his delegates to contact all Miami-Dade commissioners to support Monroe County's recent vote on not four-Ianing the 18-Mile Stretch. After Board discussion, Commissioner Nelson withdrew his item. Commissioner Nelson discussed his item with the Board concerning the approval to send both Governor Bush and Steven Seibert of DCA a copy of the Monroe County evacuation plans and ask that the Monroe County Commission be part of any final decision on four-Ianing the 18-Mile Stretch or any segments of U.S. #1. The Board agreed for Commissioner Williams to send the above. Mr. Hendrick addressed the Board concerning BOCC Resolution # 001-2001. Commissioner Nelson discussed his item with the Board concerning approval to request Representative Ken Sorenson to ask the State Legislature to adopt a Resolution to support Monroe County's position with FEMA to provide a consistent policy towards the Florida Keys which would allow the County to provide relief to the current affordable housing shortage. After discussion, the item was tabled to tomorrow's meeting (01-18-01). 2001/24 COUNTY ADMINISTRATOR Mr. Roberts reminded the Board of the Town Meeting scheduled in SugarloafKey for Wednesday, January 23, 2001 at 6:00 p.m. Mr. Roberts discussed setting a date for the Town Meeting to be held in Big Pine Key. Mr. Roberts discussed status of study on the Social Service Transportation Program. Mr. Roberts discussed dates for the next Conflict Resolution meeting with the Village of Islamorada. Clerk of Court, Danny Kolhage addressed the Board. Mr. Roberts discussed approval for the Administration to work with the County Commission offices to establish a date for a Special meeting to review issues pertaining to the group benefits program. Mr. Roberts discussed with the Board approval of Fiscal Year 2002 Budget Calendar including dates for all public hearings. Motion was made by Commissioner Williams and seconded by Commissioner Nelson approving the item, with the change that the Thursday, February 22,2001 meeting, read: Board's Workshop for Presentation and Direction. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Commissioner Williams to appoint Monica Haskell to the Contractor's Examining Board, replacing Greg Sullivan. Motion carried unanimously. COUNTY ATTORNEY Mr. Hendrick reported to the Board concerning a letter from FEMA dated December 12, 2000 - Judge Payne's ruling holding that a 4-year statute oflimitations applies to County code enforcement and its implications for implementing the inspection procedure. Mr. Hendrick also discussed the cases of Post Buckley, Schuh and Jernigan; FKAA v. Ogden/Monroe County; and status of the proposed Interlocal AgreementslMemorandum of Understandings with the City of Marathon. 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 ~a.tJ,c. lJ,.;,0~ Isabel C. DeSantis, Deputy Clerk