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08/15/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 20011239 Regular Meeting Board of County Commissioners Wednesday, August 15,2001 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., on the above date at the Key Largo Library. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner Dixie Spehar, Commissioner Nora Williams, and Mayor George Neugent. Also present were Danny L. Kolhage, Clerk; James Roberts, County Administrator; James Hendrick, County Attorney; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. ANNOUNCEMENTS County Administrator James Roberts introduced Laurie McHargue, the County's new Land Steward. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of the following items: Board granted approval and authorized execution of the Certification Regarding Lobbying Form; Certification Regarding Debarment Suspension, and other Responsibility Matters Primary Covered Transactions Form; Florida Statutes on Public Entity Crime Form; Florida Clean Indoor Air Act Form; and Certification Regarding a Drug-Free Workplace Form, concerning the Contract with South Florida Employment & Training Consortium (SFETC) for Jim Malloch to continue liaison representative duties. Board granted approval and authorized execution of the Certification Regarding Lobbying Form; Certification Regarding Debarment Suspension, and other Responsibility Matters Primary Covered Transactions Form; Florida Statutes on Public Entity Crime Form; Florida Clean Indoor Air Act Form; and Certification Regarding a Drug-Free Workplace Form, 08/15/2001 2001/240 concerning the Contract with South Florida Employment & Training Consortium (SFETC) concerning the Contract with MOlioe County Senior Community Service Employment Program (SCSEP). Board adopted the following Resolution for HCBS/Medicaid Waiver Referral (In Horne Services and MOlioe County Bayshore Manor). RESOLUTION NO. 280-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution for HCBS/Medicaid Waiver Referral (In Horne Services and MOlioe County Nutrition Program). RESOLUTION NO. 281-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Amendment No.2 - Bayshore Manor (AL4196) Food Contract between MOlioe County and G.A. Food Service, Inc. to renew Contract for one additional year, January 1, 2002 through December 31,2002. Board granted approval and authorized execution of Change Order No. 1 between MOlioe County and Toppino's Inc. for the Parking Lots project at the Key West International Airport. Board granted approval to Advertise for a Request for Bids for a Jet A Fuel Farm pending FDOT funding approval. Board granted approval and authorized execution of a Contract Agreement Addendum between MOlioe County and Ocean Reef Volunteer Fire Department, Inc. concerning the assignment of medical equipment to the department. Board granted approval and authorized execution of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity to Islamorada Village ofIslands - Fire Rescue for the operation of ALS Transport Ambulance Service. Board adopted the following Resolution authorizing the write-off of Metro Dade Air Ambulance accounts receivable (in the amount of$203,777.80). RESOLUTION NO. 282-2001 Said Resolution is incorporated herein by reference. Board granted approval to purchase one cascade truck through "piggy-backing" bid of Lake County, FL in the amount of $130,494 for a one Pierce Encore Air/Light truck with Ford F500 Super duty chassis. 08/1512001 2001/241 Board granted approval to rescind their action of 3/21/2001 of a Consent to Assignment of Household Hazardous Waste Collection Agreement with Laidlaw Environmental Services, Inc. to Safety-Kleen, Inc.; and granted approval and authorized execution of an amended Consent to Assignment of Household Hazardous Waste Collection Agreement between Monroe County and Laidlaw Environmental Services, Inc. to Safety-Kleen (Bartow), Inc. Board granted approval to award Public Works surplus equipment to the highest bidder. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and the Monroe County Sheriffs Office concerning bank deposits for the Card Sound Toll Authority. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Guidance Clinic of the Middle Keys, Inc., increasing the monthly routine maintenance charge for use of their wastewater treatment plant by the Marathon Detention Facility, from $300 per month to $500 per month, retroactive to March 7,2001. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Sub-Zero, Inc. for the Preventative Maintenance Service Agreement for the kitchen refrigeration equipment located at the Monroe County Detention Center in Key West. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Sub-Zero, Inc. for the Central Air Conditioning Maintenance and Repair for the Lower Keys Facilities. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the City of Marathon for the Use of the Meeting Room at the Marathon Government Center, and the televising of Marathon Council Meetings. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval of a Request for Qualifications to provide engineering services to repair the bridges on Card Sound Road. Board granted approval to use Transportation Impact Fees to reimburse the Gas Tax Fund for eligible projects completed between October 1997 through September 2000. Board granted approval to pave Marigold Drive in Eden Pines Colony Subdivision, Big Pine Key. Board granted approval of Change Order No. 1 between Monroe County and General Asphalt Co., Inc. for Little Torch Roads III, in the increased amount of$83,520.40. 08/15/2001 2001/242 Board granted approval to rescind the Contract awarded to Florida Concrete Restoration for the Marathon Library Repair project for $92,700.00 and award the bid and enter into a Standard Form of Agreement between Monroe County and TPE Structures, Inc., for the base bid and Alternates A, B & C in the amount of $95, 1 02.00. Board authorized the County Administrator or his designee to accept Local Law Enforcement Block Grant award via Internet as required by U.S. Department of Justice, Bureau of Justice Assistance. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, Rescinding, and Amending Resolutions: Receipt of Unanticipated Funds (OMB Schedule Item No.1). RESOLUTION NO. 283-2001 Said Resolution is incorporated herein by reference. Rescind Resolution No. 207-2001 (OMB Schedule Item No.2). RESOLUTION NO. 284-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 285-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 286-2001 Said Resolution is incorporated herein by reference. Amending Resolution No. 230-2001 (OMB Schedule Item No.5). RESOLUTION NO. 287-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 288-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 289-2001 08/15/2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 290-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 291-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 292-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 293-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 294-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 295-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 296-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 297-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 298-2001 20011243 08/15/2001 2001/244 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 299-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 300-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 301-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 302-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 303-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 304-2001 Said Resolution is incorporated herein by reference. Board granted approval to advertise for a budget amendment to the Group Insurance Fund, #502 and to the Lower and Middle Keys Fire & Ambulance District, Fund #141. Board granted approval to award bid and authorized execution of a Risk Management, Employee Benefits & Workers Compensation Consulting Agreement between Monroe County and Interisk Corporation. Board granted approval of Worker's Compensation Settlement in the amount of $31,200.00 for claim number 986379-LFE for date of accident 7/13/97. Board granted approval of Worker's Compensation Settlement in the amount of $136,348.00 for claim number 9982161-LFE for dates of accident 12/28/98 and 2/1/96. 08/15/2001 20011245 Board granted approval to remove surplus equipment from inventory via disposal/destruction/trade in and advertising for bids and accepting bids. Said list is incorporated herein by reference. Board granted approval of a Purchase Order to BellSouth to provide all equipment, labor and materials to upgrade the phone switch gear at the Key West Courthouse Annex and the Public Service Building on Stock Island, and to move the switchboard operators from Jackson Square to the Gato Building. DIVISION OF PUBLIC WORKS Board granted approval of Disaster Relief Corporation (DRC) as the bidder to provide pre-positioning services for storm emergencies for the County. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval and authorized execution of Contract for Local Police Services between Monroe County, Monroe County Sheriffs Office and the City of Layton. Board granted approval of the following Request for Expenditures from the Law Enforcement Trust Fund, in the total amount of$35,012.19: $5,000.00 This amount will go towards registration and uniforms for underprivileged children to participate in the Key West Junior Football League. $2,500.00 This amount will go towards the cost of airfare for the Key West High School Cheerleaders to travel to Dallas, Texas to participate in the National Cheerleading Association High School National Competition. $5,000.00 This amount will go towards a sponsorship to be used towards renovations for a special needs building within Poinciana Housing for the Samuel's House. $22,512.19 This amount will go towards equipment necessary for the Monroe County Sheriffs Office S.W.A.T. Team. Board granted approval of the request to remove items under $750, which total $729,087.82, based on the capitalization threshold being increased from $500 to $750 pursuant to Florida Statute 274.02. MONROE COUNTY JUDICIAL SERVICES Board granted approval and authorized execution of a Grant-in-aid Agreement for the Civil Traffic Infraction Hearing Officer Program between Monroe County and the Office of the State Courts Administrator for continuation of the civil traffic infraction hearing officer program in Monroe County. 08/15/2001 2001/246 COMMISSIONERS' ITEMS Board granted approval for Commissioner Charles "Sonny" McCoy to replace Mayor George Neugent's appointment to the Florida Keys Marathon Airport Master Plan Advisory Committee and the Key West Airport Master Plan Study Group which Commissioner Spehar presently sits. Board adopted the following Resolution requesting federal review for the purpose of retaining station designation for Key West Naval Air Station, Key West, Florida. RESOLUTION NO. 279-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Louisa Delaney Parks. RESOLUTION NO. 305-2001 Said Resolution is incorporated herein by reference. COUNTY CLERK WARRANTS Board approved the following Warrants (#51884-53139 & 201069-201228): General Fund (001), in the amount of$1,773,679.14; Sup to General Revenue (002), in the amount of $9,470.43; Fine & Forfeiture Fund (101), in the amount of$105,957.51; Road and Bridge Fund (102), in the amount of$423,038.04; Law Library Fund (103), in the amount of$805.00; TDC District Two Penny (115), in the amount of$235,156.76; TDC Admin & Promo 2 Cent (116), in the amount of$369,854.24; TDC District 1,3 Cent (117), in the amount of $226,689.22; TDC District 2,3 Cent (118), in the amount of$12,110.89; TDC District 3,3 Cent (119), in the amount of$27,417.53; TDC District 4,3 Cent (120), in the amount of $65,499.43; TDC District 5,3 Cent (121), in the amount of$73,802.93; Gov. Fund Type Grants (125); in the amount of$234,818.45; Impact Fees Fire and EMS (135), in the amount of$3,600.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$81,920.81; Translator System Svc Dst (142), in the amount of$18,498.98; Upper Keys Health Care (144), in the amount of$6,287.60; Fire & Amb Dist 6 Key Largo (146), in the amount of $31,268.01; Uninc Svc Dist Parks & Rec (147), in the amount of$50,070.91; Plan, Build, Zoning (148), in the amount of$168,064.01; Municipal Policing (149), in the amount of $441,147.90; 911 Enhancement Fee (150), in the amount of$13,541.08; Duck Key Security (152), in the amount of$5,104.00; Local Housing Assistance (153), in the amount of $23,665.00; Boating Improvement Fund (157), in the amount of$9,252.88; Misc. Special Revenue Fund (158), in the amount of $2,670.27; FL Keys Marine Marathon (159), in the amount of$15,619.38; 1 Cent Infra Surtax (304), in the amount of$37,987.58; Clerks Rev Note, Capital (306), in the amount of$114,805.64; Card Sound Bridge (401), in the amount of 08/15/2001 2001/247 $3,647.24; Marathon Airport (403), in the amount of$85,442.86; Key West Inti Airport (404), in the amount of$1,024,117.54; MSD Solid Waste (414), in the amount of$990,697.51; Worker's Compensation (501), in the amount of$4,685.10; Group Insurance Fund (502), in the amount of$217,234.28; Risk Management Fund (503), in the amount of$84,924.37; Fleet Management Fund (504), in the amount of$68,956.17; Law Enforcement Trust Fund (600), in the amount of$27,602.58. FINES & FORFEITURES Court Reporter Services, Accurate Reporting & Video, in the amount of$338.73; All Keys Reporting, in the amount of$3,740.10; Amy Landry Reporting, in the amount of$848.50; Associated Court Reporters, in the amount of$4,676.25; Bickford & Melton Reporting, in the amount of $234.40; Cheryl McDonough, in the amount of$46.45; Esquire Deposition Service, in the amount of $533.40; Eyal Court Reporting, in the amount of $268.70; Florida Keys Reporting Inc., in the amount of$1,060.75; Goldman, Naccarato, Patterson Reporting, in the amount of $195.25; Martin B. Leshaw, in the amount of$494.50; Momoe County Court Reporting, in the amount of$135.00; Professional Shorthand Reporting, in the amount of$479.79; Robins Reporting Service, in the amount of$165.75; Wendy Warren, in the amount of$1,902.00. Competency Evaluation, Betty Powell MD, in the amount of$450.00; Deborah A. Harrison PHD, in the amount of$350.00; Fredrick L. Covan PHD, in the amount of$500.00; James W. Holbrook EDD, in the amount of$1,050.00; Leslie Morgan PHD, in the amount of$300.00; Marshall Wolfe EDD, in the amount of$1,050.00; Pamela A. Strother LCSW, in the amount of $350.00; Tanju Mishara PHD, in the amount of$350.00; Thomas Hibberd PHD, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of$190.00; Ana M. Stults, in the amount of$190.00; Basia Dziewanoski, in the amount of$65.00; Boryana Shipman, in the amount of$90.00; Claudia M. Hancock, in the amount of$355.00; Dana Bdjdova, in the amount of$35.00; Estrella Garcia, in the amount of$235.00; Grace Connors; in the amount of$235.00; Jacob Zucker, in the amount of$25.00; Jean C. Nelson, in the amount of$720.00; Jenine Guillette, in the amount of$25.00; Joanna Nocun, in the amount of$25.00; Luz H. Ballesteros Andrade, in the amount of$50.00; Martha Hernandez, in the amount of$165.00; Mary Lou Waas, in the amount of$340.00; Sergio Alvarez, in the amount of$187.50. Witness Coordination, Witness Payroll, in the amount of$185.00; Misc. Witness Expenses, in the amount of $21 0.00; Witness Travel & Per Diem, in the amount of $3,842.35. Other Services Circuit, Investigative Support Specialist, in the amount of$40.00; James T. Nunn, in the amount of $239.40; Joshua Blacksten, in the amount of$506.80; Key West Travel/Condo/Kuypers, in the amount of$259.50; State of Florida/Traad, in the amount of$937.18; State of Florida, in the amount of$850.65; William Kuypers, in the amount of$226.78. Board granted approval of the following Tourist Development Council Expenditures for the month of July 2001: Advertising, in the amount of$623,256.81; Bricks & Mortar Projects, in the amount of$15,327.04; Chamber Payments, in the amount of$7,750.00; Events, in the amount of$112,412.28; Office Supplies & Oper Costs, in the amount of$164,350.72; Public Relations, in the amount of$42,377.08; Sales & Marketing, in the amount of$28,596.56; Telephone & Utilities, in the amount of$13,549.02; Travel, in the amount of$2,541.49. 08/15/2001 2001/248 Board granted official approval of the Board of County Commissioners minutes from the Regular meetings of June 20 and June 21,2001. COUNTY ADMINISTRATOR Board granted approval of the re-appointment of Jim Malloch, Dr. William Seeker, and Gail Killian to the Jobs & Education Partnership (JEP) Board. Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and the State of Florida, Department of State, Division of Elections for upgrades to or purchase of tabulation equipment. COUNTY ATTORNEY Board granted approval and authorized execution of a Transfer of Restoration Obligation Agreement between Monroe County and Metro-Goldwyn-Mayer Pictures, Inc. and John and Wendy Moore from responsibility to restore property to pre-movie set conditions or demolish structure, transferring the obligation to the property owner. Board granted approval and authorized execution of 3 Quit Claim Deeds transferring to the City of Marathon Boot Key Marina, the County-owned portion of Boot Key Harbor, and the Marathon Community Park - Phase II, as well as the obligations under an Agreement between Monroe County and the Marathon Economic Development Council concerning the Marina. Board granted approval and authorized execution of a Lease Amendment between Monroe County and the Department of Juvenile Justice for a Juvenile Detention Facility. Board granted approval to advertise an Ordinance amending Section 2-15.1 (b), Monroe County Code, in order to change the Department Title of Civil Defense to Emergency Management; authorizing the Sheriff to declare a state of local emergency; 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 adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of an alleyway between Lignum Vitae Drive and Mahogany Drive, Pamela Villa Subdivision, Key Largo, Florida. RESOLUTION NO. 306-2001 Said Resolution is incorporated herein by reference. Board granted approval to advertise an Ordinance prohibiting parking on County Roads during certain times for the purposes of street cleaning; providing that parking prohibition for street cleaning purposes is not effective until official signs stating the parking prohibition have been in place for thirty days; providing for penalties; providing for severability; providing for the 08/1512001 2001/249 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 Chapter 15.5, Monroe County Code; providing for creation of decentralized wastewater management; providing for applicability; providing for replacement of on-site sewage treatment and disposal systems (OSTDS) in cold spots; providing for fees; providing for enforcement; providing for severability; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. Board granted approval to advertise an Ordinance relating to the provision of water and wastewater services, facilities, and programs by the Florida Keys Aqueduct Authority in Monroe County, Florida; requiring connection to Florida Keys Aqueduct Wastewater Facilities when available; providing for definition of "on-site sewage treatment disposal systems" and other definitions; providing for wastewater facilities use and pretreatment of wastewater; providing for enforcement, providing for severability; and providing an effective date. Board granted approval to advertise an Ordinance containing an amended mandatory connection Ordinance and new Ordinance regulating sewage treatment and stormwater. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Peter Horton, Key West Airport Manager and Stan Brown, representing Florida Air addressed the Board concerning approval for Sunrise Airlines, Inc., operated by Florida Air, to commence operations at the Key West International Airport. After discussion, motion was made by Commissioner Williams and seconded by Mayor Neugent to table to the next Marathon meeting. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item with the Board concerning approval to adopt the recommended Federal and State match for the Key Largo Wastewater Project. The following individuals addressed the Board: Joe Harris, Jerry Wilkinson, and Charles Brooks. Motion was made by Commissioner Nelson and seconded by Mayor Neugent granting approval of a commitment by the Board of County Commissioners to adopt the recommended Federal and State match of approximately $34 million for the Key Largo Wastewater Project which would also include possible funding for Ocean Reef. Roll call vote was taken with the following results: Commissioner McCoy No Commissioner Nelson Yes Commissioner Spehar Yes Commissioner Williams No 08/15/2001 20011250 Mayor Neugent No Motion failed. Motion was then made by Commissioner Williams and seconded by Commissioner McCoy indicating that Key Largo Wastewater Project is the first priority for funding and that the Board of County Commissioners is committed to ensure reasonable costs for '* every home and business. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson No Commissioner Spehar Yes Commissioner Williams Yes Mayor Neugent Yes Motion carried. Commissioner Nelson discussed his item with the Board for approval of appointment of the District V Commissioner to be the liaison to the Monroe County Board of County Commissioners in all matters regarding the Key Largo Wastewater Proj ect. Joe Harris addressed the Board. No official action was taken by the Board. Commissioner Nelson discussed his item with the Board requiring all new bidders of the Key Largo/Tavernier Wastewater System to include an add-deduct for wastewater reuse. Motion was made by Commissioner Nelson and seconded by Commissioner Williams to table the item to the September 11,2001 Board meeting scheduled for Marathon. Motion carried unanimously. COUNTY ATTORNEY Attorney Bob Nabors of the firm Nabors & Giblin addressed the Board concerning approval of a resolution ratifying request for Key Largo Wastewater Treatment System( s) proposals, directing and scheduling staff evaluation of proposals, reserving decision making authority to the Board of County Commissioners, rescinding references to evaluation by others, reconfirming entitlement to update cost proposals, finding potential diminution or loss of funding, and providing an effective date. The following individuals addressed the Board: Bob Feldman, General Counsel of the Florida Keys Aqueduct Authority; Joe Harris, Jerry Wilkinson, and Doris Kendal1. Van Cadenhead addressed the Board on the previous agenda item (L.11) requiring all new bidders of the Key Largo/Tavernier Wastewater System to include an add-deduct for wastewater reuse. During discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar to amend the Board's previous action of tabling agenda item L.11 from September 11,2001 in Marathon to September 12,2001 at the Key Largo Library at 1:30 P.M. Motion carried unanimous. Mr. Nabors addressed the Board. No official action is taken; However, further action is taken later in the meeting. * * * * * Prior to the District #1 Board of Governors meeting, the Board discussed the confusion in the record concerning the appointment of a Commission member to the District 1 Fire and 08/1512001 20011251 Ambulance Special Taxing District Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Williams to appoint Commissioner McCoy to serve on the District 1 Fire and Ambulance Special Taxing District Board. Motion carried 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 Charles "Sonny" McCoy, Mayor George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and Chairperson Yvonne Harper. Public Safety Director, Reggie Paros addressed the Board. Motion was made by Mayor Neugent and seconded by Commissioner McCoy to adopt the following Resolution authorizing the write off of EMS Ambulance Accounts Receivable (in the total amount of $2,413,601.46). Roll call vote was unanimous. RESOLUTION NO. 307-2001 Said Resolution is incorporated herein by reference Mayor Neugent discussed the level of service on Big Pine Key, the proposed County budget and Staff cutbacks. 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 Commissioner present. SOUNDING BOARD H. T. Pontin addressed the Board concerning jurisdiction. Lucy Given and David Asdourian addressed the Board concerning leasing two properties from the County, Sunset Park and Bay Drive Beach Access. Rick Trout, Kyle Lance, Dr. Janet Whaley, representing Marine Mammal Strandings; Russ Rector, representing the Dolphin Freedom Foundation; Denise Jackson, representing Florida Keys Marine Mammal Rescue Team; and December Lauretano, representing Marine Mammal Conservancy; addressed the Board concerning ongoing efforts to improve Dolphin Rescue in Monroe County. 08/15/2001 REVlS~ON 2001/252 COMMISSIONERS' ITEMS Teresa Walker, President of the Big Pine Athletic Association and Elizabeth Madisetti, Executive Director of the Blue Heron Park addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy to fund the Big Pine Athletic Association in the amount of $40,000 for Fiscal Year 2001-2002. Roll call vote was unammous. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Ordinance 021-2001, in order to revise the pets allowed area of Harry Harris Park in Tavernier; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Momoe County Code of Ordinances; and Providing an effective date. The Board accepted public input with the following individual addressing the Board: Ginette Hughes. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was unanimous. * ORDINANCE NO. 030-2001 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 13.5-5, Momoe County Code, Providing for limitations on size of boats admitted to Harry Harris Park; Limiting trailer parking in Harry Harris Park and raising the boat ramp fee at Harry Harris Park; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Momoe County Code of Ordinances; and Providing an effective date. The Board accepted pubic input with the following individuals addressing the Board: Ken Nedimyer, Pete Garcia, and Jerry Wilkinson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to table the item. Roll call vote was unanImous. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item with the Board concerning approval to direct Staffto amend the Land Development Regulations to place a zoning overlay on Stock Island regarding fence heights. The following individuals addressed the Board: Orin Opperman, representing the Stock Island Business & Homeowners Association; Nancy Hillman, and Mary K. Coughlin. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval to direct staff to amend the Land Development Regulations to place a zoning overlay on Stock Island regarding fence heights. Motion carried unanimously. 08/1512001 2001/253 DIVISION OF COMMUNITY SERVICES Community Services Director James E. Malloch, and Social Services Director Louis LaTorre addressed the Board concerning Agenda item D2: Health Care Responsibility Act (HCRA) In-County Hospital Reimbursement; and Agenda item D3: Health Care Responsibility Act (HCRA) request for reduction of calculation ofHCRA County obligation. After discussion, motion was made by Commissioner Nelson and seconded by Mayor Neugent granting approval, per Staff Recommendation, of Agenda item D2: Staff (Social Services Director and County Legal Department, Suzanne Hutton), reviewed the obligation ofHCRA funds for In-County Hospital Reimbursements. Staff strongly recommends that it is in the best interest of the County that funds that are currently allocated for HCRA be utilized for use of out-of-County HCRA cases. It is in the best interests of the County and in-county hospitals using these funds for medical cases that cannot be handled in Monroe County; and Agenda item D3: The County has a choice of remaining under the Statutes as is or agreeing to go with the new amended rules. Staff, the Social Services Director and Legal staff, Suzanne Hutton have reviewed this issue thoroughly and strongly recommend that it is in the best interest of the County that they remain with the option to stay under the current rule and not under the new amended rule. We request the County not agree to this new amended change. If the Board agrees with staff, we will notify the HCRA Agency that Monroe County will remain under the old rules. During discussion, the motion was withdrawn. Motion was then made by Commissioner Nelson and seconded by Mayor Neugent granting approval per Staff Recommendation of Agenda item D3 only and table Agenda item D2. Motion carried unanimously. Commissioner McCoy excused himself from the meeting. COMMISSIONERS'ITEMS Commissioner Williams discussed her item with the Board concerning approval of Intergovernmental Task Force Readiness to Proceed document, and approval of distribution formulation for the allocations agreed to among the municipal governments for wastewater funding. After discussion, motion was made by Commissioner Williams and seconded by Mayor Neugent granting approval of the item. Roll call vote was taken with the following results: Commissioner Nelson No Commissioner Spehar Yes Commissioner Williams Yes Mayor Neugent Yes Motion carried. Commissioner McCoy returned to the meeting. FLORIDA KEYS AQUEDUCT AUTHORITY 08/15/2001 20011254 Roger Braun, Executive Director of the Florida Keys Aqueduct Authority addressed the Board concerning adoption of a Resolution authorizing payment to the Florida Keys Aqueduct Authority (FKAA) for direct FKAA expenses incurred in the contract negotiations with Ogden Waster Systems, Inc. to Design/Bui1d/Operate a wastewater treatment facility in Key Largo; and providing an effective date. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to table the item until expenses are reviewed by the Clerk and he reports back to the Board. Motion carried unanimously. COUNTY ATTORNEY County Attorney James T. Hendrick discussed the Board of County Commissioners' Agreement with the Florida Keys Aqueduct Authority concerning the Little Venice Project. No official action was taken by the Board. The Board discussed approval of a Resolution ratifying request for Key Largo Wastewater Treatment System(s) proposals, directing and scheduling staff evaluation of proposals, reserving decision making authority to the Board of County Commissioners, rescinding references to evaluation by others, reconfirming entitlement to update cost proposals, finding potential diminution or loss of funding, and providing an effective date. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams to table the item to the September 12,2001 Board meeting in Key Largo at 1 :30 P.M. Motion carried unanimously. PUBLIC HEARINGS The continuation of a Public Hearing was held concerning adoption of an Ordinance amending the Monroe County Code by adding Section 9.5-124, Non-Residential Rate of Growth Ordinance (NROGO); Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code of Ordinances; Directing the Clerk of the Court of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs, and providing an effective date. The Board accepted public input with the following individuals addressing the Board: Richard Lancaster, representing the Island of Key Largo Federation of Homeowner Associations; Barry Patterson, and Jill Patterson. Motion was made by Commissioner Williams to adopt the Ordinance. During discussion, the motion was withdrawn. Motion was then made by Commissioner Williams and seconded by Commissioner Nelson to continue to the next Marathon meeting at 5:00 P.M. Motion carried unanimously. The first of two Public Hearings was held concerning approval of an Ordinance to adopt an amendment to Chapter 9.5 Article VII, Division 6 Wireless Communications Facilities of the Monroe County Code. Growth Management Director Tim McGarry and Tyson Smith, representing the firm of Freilich, Leitner & Carlisle addressed the Board. The Board accepted public input with the following individuals addressing the Board: Barbara Smith, Phil McGann, Nicholas W. Mu1ick, Esq., representing Industrial Communications, Inc.; Dennis Henize, representing Citizen's Tower Ordinance Study Group; Tina Henize, Casey Lott, representing the 08/15/2001 2001/255 National Audubon Society; and Joel Day. After discussion, motion was made by Commissioner Williams and seconded by Mayor Neugent to continue to the next Marathon meeting at 5:00 P.M. Motion carried unanimously. Commissioner Williams excused herself from the meeting. DIVISION OF PUBLIC WORKS John Albert, representing Waste Management, and Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar granting conceptual approval of an amended haul out agreement between Monroe County and Waste Management. Motion carried unanimously, with Commissioner Williams not present. 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 By: ~~c.. ~arvdiV Isabel C. DeSantis, Deputy Clerk