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05/16/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 20011137 Regular Meeting Board of County Commissioners Wednesday, May 16, 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 James Roberts, County Administrator; James T. Hendrick, County Attorney; Isabel C. DeSantis, Clerk; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award for 20 years of service to Robert Beck, Senior Inspector, Key Largo, Growth Management Division. Presentation of Years of Service Award for 15 years of service to Monroe County to Yamien Joulwan, Card Sound Toll Authority, Public Works Division. Presentation of Certificates of Appreciation to the Key Largo Fire Department's Vehicle Extrication Team competing in the 2001 Southeast Regional Vehicle Extrication Competition achieving the Sixth Place Overall Award. Presentation of Mayor's Proclamation observing the week of May 20-26,2001 as "Emergency Medical Services Week". Presentation of Mayor's Proclamation designating the month of May as "Older Americans Month" . 05/16/01 2001/138 BULK APPROVALS Motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval of the following items: Board granted approval to remove surplus equipment from inventory via disposaVdestruction and advertising for bids and accepting bids and approval to award surplus to the highest bidder. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement, Contract No. AK043, between Monroe County and the Florida Department of Transportation for Planning Studies. Board granted approval and authorized execution of the E911 Phase I - Service Order Form between Monroe County and Cingular Wireless LLC for compliance with the Federal Communications Commission (FCC) requirements for E911 Wireless Phase I implementation in Florida. Board granted approval to terminate Agreement between Monroe County and Robert 1. Nelms, Jr., MD, District Sixteen Medical Examiner, effective June 1,2001. Board granted approval and authorized execution of a Vegetative Waste and Hurricane Debris Lease Agreement between Monroe County and Stuart Marr concerning vacant land to temporarily store vegetative waste and hurricane debris, if needed, due to a hurricane or disaster. Board granted approval and authorized execution ofa Vegetative Waste and Hurricane Debris Lease Agreement between Monroe County and Vincent Grandelli concerning vacant land to temporarily store vegetative waste and hurricane debris, if needed, due to a hurricane or disaster. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Catholic Charities of Archdiocese of Miami for 682 square feet of storage space within the warehouse located at the Key Largo Recycling Yard. Board granted approval to waive $150.00 fee for use of County Road by Summerland Cove Civic Association who is planning a Memorial Day Party on Lagoon Drive on May 28th, 2001, from 2 p.m. to midnight. Board granted approval to waive facility usage fee policy structure as requested by the AARP who is sponsoring the Tax Counseling for the Elderly Program at the Marathon Government Center EOC meeting room for five (5) days in January, 2002. Board granted approval to advertise for bids for beach cleaning and maintenance services at Higgs Beach, Veterans Park, and Harry Harris Park. 05/16/01 2001/139 Board granted approval of monthly report on Change Orders reviewed by the County Administrator. Board granted authorization to issue two (2) Purchase Orders to Exeter Architectural Products, Inc. for hurricane shutters for the following projects: (1) Tavernier Fire Station for $41,730.00 and (2) Key West International Airport for $107,364.00. Board granted authorization to issue a Purchase Order to Exeter Architectural Products, Inc. in the amount of$158,057.00 for shutters for the Old Courthouse, and to rescind Purchase Order to Hurricane Protection Industries, Inc. Board granted approval of a Purchase Order to Impact Recovery Systems, Inc. not to exceed $65,000 for the purchase of channelization markers and signs to implement the Interim Hurricane Evacuation Traffic Management Plan for Monroe County and approval to waive purchasing policies and procedures. Board granted approval and authorized execution of a Quit Claim Deed of an unnamed road in Cross Key from Monroe County to Florida Keys Mosquito Control District. The road is currently closed and serves no purpose. Board granted approval to award bid and authorized execution ofa Standard Form of Agreement between Monroe County and Florida Concrete Restoration for the base bid plus Alternates A, B & C for the Marathon Library Repair project in the amount of $92,700. Board granted approval ofa Purchase Order to Burkhard's Tractor & Equipment, Inc. or lower vendor, in an amount not to exceed $35,000, for the purchase of three trailers to implement the Interim Hurricane Evacuation Traffic Management Plan for Monroe County and approval to waive purchasing policies and procedures. Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and Pavex Corporation in the amount of $499,472.45 for Ramrod Key Roads II. Board granted approval and authorized execution of the State of Florida Commission for the Transportation Disadvantaged Standard Coordination/Operator Contract between Monroe County and Community Transportation Coordinator, The Guidance Clinic of the Middle Keys serving as the Community Transportation Coordinator for the State of Florida (Contract Year 01/01/01-06/3 % 1 ). Board granted approval and authorized execution of Amendment 002 to Contract KZ097 to Alzheimer's Disease Initiative Contract between Alliance for Aging, Inc., and the Monroe County Board of County CommissionerslMonroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). 05/16/01 2001/140 Board granted approval and authorized execution of Amendment 003 to Contract KS-OI12 to Home and Community Based Medicaid Waiver Spending Authority between Alliance for Aging, Inc., and the Monroe County Board of County CommissionersIMonroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board adopted the following Resolution authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the FY 01/02 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. RESOLUTION NO. 180-2001 Said Resolution is incorporated herein by reference. Board granted approval to advertise Request for Proposals for Risk Management, Employee Benefits, and Workers Compensation Consulting Services, including Insurance/Self-Insurance Programs. Board granted approval and authorized execution of a Agency Membership Agreement between Monroe County and DemandStar by Onvia at no charge to Monroe County. Board adopted the following Resolutions concerning the Receipt of Unanticipated Funds, Transfer of Funds, and Rescinding Resolutions: Receipt of Unanticipated Funds (OMB Schedule Item No.1). RESOLUTION NO. 181-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 182-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 183-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 184-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 185-2001 05/16/01 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 186-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 187-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 188-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 189-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 190-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 191-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 192-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 193-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 194-2001 2001/141 05/16/01 2001/142 Said Resolution is incorporated herein by reference. Rescind Resolution No. 124-2001 (OMB Schedule Item No. 15). RESOLUTION NO. 195-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 196-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 197-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 198-2001 Said Resolution is incorporated herein by reference. range. Board granted approval to spend police facility impact fees to purchase a mobile firing Board granted approval and authorized execution of a Engagement Letter between Monroe County and KPMG LLP to update the Fiscal Year 2001 Full Cost Allocation Plan and the OMB A-87 Cost Allocation Plan. Board granted approval to continue on a month-to-month basis the Management Agreement between Monroe County and Upper Keys Family YMCA at the Key Largo Park. Board granted approval and authorized execution of the Third Amendment to Lease Agreement between Monroe County and Conch Cruisers, Inc., to increase the rent by $1,162 per month to cover the cost of the County providing janitorial services and opening and closing the public restrooms. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds (for the Summer Youth Employment Program). RESOLUTION NO. 199-2001 Said Resolution is incorporated herein by reference. 05/16/01 REVISION 2001/143 AIRPORTS Board granted approval and authorized execution of a two year Lease Agreement Marathon Airport between Monroe County and Federal Express Corporation at the Marathon Airport. Board granted approval and authorized execution of a Lease Amendment between Monroe County and Mountain Air Cargo, Inc., to extend Lease term an additional year. Board granted approval and authorized execution of an Agreement between Monroe County and Synagro Southeast, Inc. to provide operation and maintenance of sewer treatment plant at the Florida Keys Marathon Airport. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of expenditures from the Law Enforcement Trust Fund in the * total amount of$15,155 for the following items: $1,000 This will be used to send four Key West High School football lineman to the Down and Dirty Lineman Camp in Lakeland, Florida this June and July. Greg Kremer, Head Football Coach, is an instructor at the camp. Coach Kremer will accompany the boys and oversee their progress. $7,000 This sum will be split between the Marathon Middle and High School golf and tennis teams. Each sport fields over 20 students. The funds will be used for equipment, transportation by school bus, and rackets and clubs for students unable to afford them. $3,655 This sum will be used for the Conch Republic Amateur Wrestling Club to buy equipment and send young wrestlers to summer tournaments in Florida as well as the Southeast Coach's Tournament in Alabama. $1,000 This will be used by the Southernmost Branch of the National Association of Letter Carriers to purchase reusable street banners calling for contributions to their annual food drive. Donated food will be distributed to food banks and other locations for distribution to the needy. $2,500 This sum will be used by the Educational Coalition for Monroe County to help fund a summer theater program for students ages 12 through 18. * MONROE COUNTY HOUSING AUTHORITY Board granted approval of the Monroe County Local Housing Assistance Plan which was inadvertently left off of the previously approved Resolution 161-2001 which was approved at the April 16, 2001 meeting. COMMISSIONERS' ITEMS Board granted approval to spend roadway impact fees to develop a Master Plan for Scenic 05/16/01 2001/144 Highway Improvements and projects for the purpose of preserving and interpreting the scenic natural and historic resources in the corridor. Board adopted the following Resolution agreeing in principle to transfer a portion of Monroe County's site at Long Key to the Florida Keys Aqueduct Authority for use as a central wastewater treatment facility for the City of Layton and any surrounding area of unincorporated Monroe County and directing Monroe County Staff to work with FKAA, the City, Waste Management, Inc., and the state regulatory agencies, to identify an appropriate portion of the site suitable for a wastewater treatment facility. RESOLUTION NO. 200-2001 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Nelson's appointment of Tricia Hynes to the Human Services Advisory Board. Board granted approval to direct Marine Resources to place "No Wake" signs at the entrance to Dove Creek and "No Motoring Zone" signs in the Dove Creek area. Board granted approval of Commissioner Spehar's appointment of Nancy Klingener as the District I appointee to the Monroe County Marine & Port Advisory Committee, which was recently vacated by Bruce Irwin, fulfilling the term of Tim Daniels. Board granted approval and authorized execution of a Memorandum of Understanding and Certificate of Transfer between Monroe County and the Florida Fish and Wildlife Conservation Commission regarding the acquisition of the USS Spiegel Grove from the United States Department of Transportation for use as an artificial reef Board adopted the following Resolution in support of South Florida Regional Planning Council applying for and accepting designation as a U.S. Economic Development Administration Economic Development District. RESOLUTION NO. 201-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution to commemorate William 1. "Spud" and Violet Kemp Albury, longtime Tavernier residents, both who recently passed away. Mr. and Mrs. Albury were both born and raised in the Keys, of pioneering families. RESOLUTION NO. 202-2001 Said Resolution is incorporated herein by reference. 05/16/01 2001/145 COUNTY CLERK FINES & FORFEITURES Court Reporter Services, All Keys Reporting, in the amount of$424.25; Amy Landry, in the amount of$26.25; Associated Court Reporters, in the amount of$I,664.55; Brown & Toleu LTD Court Reporters, in the amount of$413.45; Cheryl McDonough, in the amount of $784.00; Esquire Deposition Service, in the amount of $583.15; Goldman, Naccarato, Patterson & Vela, in the amount of$117.18; Martin B. Leshaw, in the amount of$132.50; Monroe County Court Reporters, in the amount of$I,51O.80; Robins Reporting Service, in the amount of$2,193.75; Wendy L. McGarry, in the amount of$I,474.25. Competency Evaluation, A. Louis Oconnor PHD, in the amount of$350.00; International Assessment, in the amount of$525.00; James W. Holbrook EDD, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of $130.00; Ana M. Stults, in the amount of$190.00; Claudia M. Hancock, in the amount of $150.00; Estrella Garcia, in the amount of$137.50; Gilbert D. Mora, in the amount of$140.00; Jean C. Nelson, in the amount of$210.00; Jenine Ouillette, in the amount of$25.00; Jiri Dolezal, in the amount of$155.00; Martha Hernandez, in the amount of$$125.00; Mary Lou Waas, in the amount of$182.62; Sergio Alvarez, in the amount of$75.00. Witness Coordination, Witness Payroll, in the amount of$190.00; Witness Travel & Per Diem, in the amount of$5,350.72. Extraditions, Monroe County Sheriffs Department, in the amount of$7,649.65. Expert Witness Expenses, CES Consulting Inc., in the amount of$30.00; Dr. Charles 1. Golden, in the amount of$300.00; Michael S. Maher, MD, in the amount of$595.50. Court Appointed Attorney Fees - Conflict, Halford Schuhmacher ESQ, in the amount of$2, 116.56; Jason R. Smith, in the amount of$3,487.80; Maria Betancourt, $3,513.75; Peary Fowler, in the amount of $675.00; Robert S. Fine PA, in the amount of$2,536.58; The Margalli Law Office PA, in the amount of$725.33; Timothy Nicholas Thomes, in the amount of$I,209.90; Victoria McFadyen, in the amount of$4,588.41. Competency Evaluations - Conflict, A. Louis Oconnor PHD, in the amount of$350.00; Dr. Charles 1. Golden, in the amount of$600.00; Leslie Morgan PHD, in the amount of$350.00; Paul Hartman MD, in the amount of$450.00; Thomas Hibberd PHD, in the amount of$350.00. Other Services Circuit, Avis Rent A Car, in the amount of $44.84; Holiday Inn Express, in the amount of$395.16; Manuel E. Madruga, in the amount of$155.30; Mark E. Kohl Esq, in the amount of$157.40; Michael W. Strickland, in the amount of$109.32; State of Florida, in the amount of$461.58; William Kuypers, in the amount of$106.14. Miscellaneous Expenses, King County Dept of Judicial Admin, in the amount of $25.00; Millie Tynes, in the amount of$10.00; Reliable Correspondence, in the amount of$21.01; State of Florida, in the amount of$201.15. WARRANTS Board approved the following Warrants (#047569-048838 & 200598-200726): General Fund (001), in the amount of$I,461,304.28; Sup to General Revenue (002), in the amount of$14,803.44; Fine & Forfeiture Fund (101), in the amount of$2,471,093.79; Road and Bridge Fund (102), in the amount of$92,940.02; Law Library Fund (103), in the amount of$63.56; TDC District Two Penny (115), in the amount of$213,652.97; IDC Admin & Promo 2 Cent (116), in the amount of$I,151,216.25; TDC District 1,3 Cent (117), in the 05/16/01 2001/146 amount of$172,673.86; TDC District 2,3 Cent (118), in the amount of$6,541.83; TDC District 3,3 Cent (119), in the amount of$19,718.14; TDC District 4,3 Cent (120), in the amount of $9, 170.45; TDC District 5,3 Cent (121), in the amount of$8,468.72; Gov. Fund Type Grants (125); in the amount of$851,509.47; Fire & Amb Dist 1 L&M Keys (141), in the amount of$66,217.01; Upper Keys Health Care (144), in the amount of$I,619.90; Fire & Amb Dist 6 Key Largo (146), in the amount of$17,451.40; Uninc Svc Dist Parks & Rec (147), in the amount of$41,408.08; Plan, Build, Zoning (148), in the amount of$63,632.86; Municipal Policing (149), in the amount of$367,321.48; 911 Enhancement Fee (150), in the amount of$14,803.02; Duck Key Security (152), in the amount of$331.73; Local Housing Assistance (153), in the amount of$88,473.32; Boating Improvement Fund (157), in the amount of$5,500.76; FL Keys Marine Marathon (159), in the amount of$15,148.21; 1 Cent Infra Surtax (304), in the amount of$196,967.84; Card Sound Bridge (401), in the amount of $7,673.61; Marathon Airport (403), in the amount of$39,970.94; Key West Inti Airport (404), in the amount of$I,41O,789.75; MSD Solid Waste (414), in the amount of $1,081,208.35; Worker's Compensation (501), in the amount of$14,294.38; Group Insurance Fund (502), in the amount of$3,831.58; Risk Management Fund (503), in the amount of $44,236.27; Fleet Management Fund (504), in the amount of$58,334.74; Law Enforcement Trust Fund (600), in the amount of$188,040.39; Fire & EMS LOSAP Trust Fund (610), in the amount of$4,210.12. Board granted official approval of the Board of County Commissioners minutes from the Regular Meetings of April 18 & 19,2001, and the Special Meetings of April 20, 2001. Board granted approval of the following Tourist Development Council Expenditures for the month of April 2001: Advertising, in the amount of$I,130,572.23; Bricks & Mortar Projects, in the amount of $47,009.76; Chamber Payments, in the amount of$42,833.32; Events, in the amount of$139,121.46; Office Supplies & Oper Costs, in the amount of $35,254.83; Personal Services, in the amount of$67,747.22; Public Relations, in the amount of $50,252.27; Sales & Marketing, in the amount of$43,965.98; Telephone & Utilities, in the amount of$15,303.22; Travel, in the amount of$8,360.89. Board granted approval of the appointment ofa County Commissioner (Mayor Neugent) to serve on the Audit Selection Committee pursuant to Florida Statute 11.45, for the selection of a finn to conduct the annual County audit. COUNTY ADMINISTRATOR Board granted approval for the County Administrator to execute Letters of Agreement prior to each Certified Public Manager Course Level for the Certified Public Manager (CPM) Course conceptually approved by the Board of County Commissioners. COUNTY ATTORNEY Board granted approval and authorized execution of a Time Extension Agreement between Monroe County and Duck Key Wastewater Cooperative, Inc., Hawk's Cay Investors, 05/16/01 2001/147 Limited and Hawk's Cay Developers, Limited for the transfer of the Hawk's Cay wastewater treatment facilities, reuse facilities and the underlying real property for an intended later transfer to the Florida Keys Aqueduct Authority to be extended for a period of one year. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Public Safety Director Reggie Paros addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval of an Agreement between Monroe County and Zhiming Li, MD, to serve as Interim District Sixteen Medical Examiner, as amended. Said amendment is as follows: Page 6, Section 14. INSURANCE. Cmint). shall provide insuranee for Interim Medieal ExamiftCf in eompliaftee with FS 406.16. The Interim Medical Examiner shall maintain and comply with the insurance requirements as specified in the attached schedules. which are inclusive of Professional Liability insurance in accordance with FS 406.16. The costs of the aforementioned insurance shall be a cost within the Medical Examiner's Budget. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES County Administrator James Roberts, on behalf of James E. Malloch, Director of Community Services, updated the Board on the Bus Route Extension to mile marker 50 in Marathon. MISCELLANEOUS The Board discussed tomorrow's add-on agenda item by the County Attorney concerning approval of an Interlocal Agreement with the Village ofIslamorada on transition issues and the trauma district. County Attorney James T. Hendrick and Mr. Roberts addressed the Board. No official action was taken by the Board. DIVISION OF PUBLIC WORKS County Engineer Dave Koppel reported to the Board on plans for the grand opening and dedication of the old Historic Courthouse in Key West. Mr. Koppel discussed the plaque for the old courthouse. The Board agreed to include the current as well as the past commission on the plaque. Mr. Koppel discussed submission of a project for the small county outreach program and indicated that Flagler Avenue in Key West was submitted as the candidate project. Mr. Koppel discussed receipt of grant money for hazard mitigation as a result of Hurricane Georges. 05/16/01 2001/148 COMMISSIONERS' ITEMS Mayor Neugent discussed his item with the Board concerning a request from Florida Rock and Sand for a port site on Card Sound Road to load very long concrete poles from their Florida City Plant. Orlando Porrata, Jr., representing Florida Rock and Sand; and Thomas S. Fouts, Registered Real Estate Broker/Agent addressed the Board. After discussion, motion was made by Mayor Neugent and seconded by Commissioner Williams to deny the request. George Garrett, Marine Resources Director addressed the Board. Roll call vote was unanimous. MISCELLANEOUS Mayor Neugent gave special recognition to Raymond Kitchener, Executive Director of the Marathon Chamber of Commerce, as Mr. Kitchener is retiring and announced that there is a dinner planned on his behalf for Sunday, May 20,2001 at 5PM at the Sombrero Country Club. COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning Marathon's request that we either approve the agreement herein (the longer version of the two presented at last month's meeting, with the changes made on items that we had agreed to) or join them for mediation. Commissioner Spehar discussed the Regional Park System. Motion was made by Commissioner Spehar and seconded by Commissioner Williams to disband or terminate regional parks. Mr. Hendrick addressed the Board. After consideration, the motion was tabled. Councilman Jon Johnson, representing the City of Marathon addressed the Board. After further discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams to add to the agenda discussion concerning the Regional Park System. Mr. Roberts addressed the Board. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson No Motion failed. Note: Mayor Neugent discontinued the roll call and referred to the Board's written Administrative Polices and Procedures that require a unanimous vote of the Commission present to approve an addition to the agenda. SOUNDING BOARD Paula Wolgast Shea, representing the Center for Independent Living of the Florida Keys discussed with the Board "The Independent Living Plan". No official action was taken by the Board. 05/16/01 2001/149 COMMISSIONERS' ITEMS The Board returned to Commissioner Williams discussion item concerning Marathon's request that we either approve the agreement herein (the longer version of the two presented at last month's meeting, with the changes made on items that we had agreed to) or join them for mediation. After discussion, motion was made by Commissioner Nelson and seconded by Mayor Neugent to go into mediation. Mr. Hendrick and Craig Wrathell, City Manager for the City of Marathon addressed the Board. Roll call vote was taken with the following results: Commissioner McCoy No Commissioner Nelson Yes Commissioner Spehar No Commissioner Williams No Mayor Neugent No Motion failed. Mr. Roberts, Mr. Hendrick, and Mr. Garrett addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of the Memorandum of Understanding, as amended, and with changes made at the *04/18/01 Board meeting. Said amendments are as follows: Page 2 of4 * 2. d. Growth Management Funds. The City and the County agree that the County collected $492,332.00 in growth management funds from within the municipal boundaries of the City prior to incorporation for growth management services which were not provided to the City. The County agrees to pay o'/er expend on the City, upon execution of this Agreement, the sum of $492,332.00 in growth management funds to; * 2. c. Land Authority Funds. The City and the Cvunty agrce that the Monree Cvunty Laft6 Autlwrity shall establish a line itcm set aside for expcnditurc within the City [rem the halt: cent ef the 4th eent ffvm the Bed Tax in the same manncr as has pre'/ivusly been establishea fVT the City of Key Vies! ana vtrcred to the City vfIslamvrada. * 3. a. The Marathon Teen Center, together with all furniture, fixtures, equipment and improvements thereon belonging to, and transferable by. the County. The County agrees to provide the City with an inventory of any furniture, fixtures and equipment situated thereon which is to be transferred to the City; * 3. b. The Marathon Jaycees Building, together with all furniture, fixtures, equipment and improvements thereon belonging to, and transferable by. the County. The County agrees to provide the City with an inventory of any furniture, fixtures and equipment situated thereon which is to be transferred to the City; 05/16/01 20011150 Page 3 of4 * 6. Solid Waste. Tke County continues to provide waste kaul out services for tke bcftefit 6f the City on a m6ntk to montk basis under its current contaet witk \Vaste Management. Tkc City ancl tke County agree to enter into negotiations 'vvitk 'Wastc Management for tke purpose of securing new contracts between tke COtlnty ana Wastc Management and tke City and \Vaste ~lanagement ~i1:iek will redtlee tke eost of garbage kaul out for residents ofbotk tkc Cityaftd utHfteorpofftted 1foflfoe COUftty. Tke first meetiftg for suek purposes is sekeduled for Friday, April 20, 2001 at 12:00 Nooft. The City agrees to increase its efforts to collect its solid waste fees from its citizens, and will make every effort to reducc JmX its indebtedness to the County in an expeditious manner. Page 2 of5 d. The Florida Keys Marina at Marathon, together with all furniture, fixtures, equipment and improvements thereon belonging to the County. The Citv assumes all of the County's obligations under the MEDC-County Agreement. The County further agrees to convey to the City all County owned submerged lands within the confines of Boot Key Harbor and any submerged land leases between the State of Florida and the County pertaining to submerged lands within the confines of Boot Key Harbor; and the City and County will cooperate in the completion of all pending grants for the Marina area. Page 3 of5 e. The Marathon Community Park, together with all fixtures, equipment and improvements situated thereon and all parking facilities associated therewith. The County, ioined by the City as Co-Plaintiff. agrecs to will continue with the pending condemnation litigation regarding Phase II of the park... and to The County will complete the acquisition of that additional parcel, with anv iudgment paid from County Infrastructure tax revenues. Upon acquiring the Phase II property, the County will convey that parcel to the City, and the City will be responsible for the development of Phase II at its own expense. The County's conveyance will be subiect to a deed restriction prohibiting the charging of any admission fee to Monroe County residents~ and requiring the Park to be operated in conformity with FCT (Florida Community Trust) requirements. 5. Boot Key Bridge, The County has previously agreed to commit financial resourecs toward impro'icments to will convey to the City. and the City will immediately accept the Boot Key Bridge. in order to restore the bridge to a state of good repair. The City and the Couftty will eontifttle to work together and v.'i11 fesol-ie this matter by scparatc agreemcnt. The Countv will pay up to $1.000.000 for Boot Key Bridge repairs identified as necessary bv ioint report of the City's and County's Engineers. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson Yes Commissioner Spehar Yes 05/16/01 2001/151 Commissioner Williams Mayor Neugent Yes No Motion carried. MISCELLANEOUS Honorable Ken Sorenson, Representative for District 120 updated the Board concerning the funding for House District 120. PUBLIC. HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Section 13.5-5(m) and (n), Monroe County Code, in order to add Old Settlers Park of Tavernier to the list of Parks which allow animals; 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: Jerry Wilkinson and Alana Moreau. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the following Ordinance, as amended, to include Harry Harris Park and that disallows pets north of the boat ramp. Motion carried unanimously. ORDINANCE NO. 021-2001 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance creating Section 2-332(A), Monroe County Code, Providing for funding of art in new public construction and major renovation projects; 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 Commissioner Nelson and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 022-2001 Said Ordinance is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Nelson discussed with the Board a petition by residents of Bermuda Shores and Cross Key Waterways subdivisions in Key Largo to remove bulkhead that has been built up by property owners over many years, cutting off water flow to their canal located between Crane Street (south) and Bowie Lane (north). The following individuals addressed the Board: Theresa Spiegal, Charles Brooks, and Bill Gustafson. After discussion, motion was made by Commissioner Williams requesting Staff to review the matter and deal with the appropriate agencies to be returned to the Board with a possible plan or suggestion. Motion was then made 05/16/01 2001/152 by Commissioner Nelson requesting the Public Works Department remove all man made structures to their original natural depth based on the fact that the property belongs to Monroe County via all regulations. After consideration, both motions were removed and Staffwas directed to review the matter and bring back to the Board a report on this particular canal at the next Marathon meeting. Commissioner Nelson requested that his agenda item be tabled to the next Board meeting in Marathon concerning the need for clarification on Commissioners' travel expenses allowed. New Commissioners need clarification on what expenses are allowed before travel occurs. Commissioner Nelson discussed his item with the Board concerning improvements to be made at Harry Harris Park in Tavernier. The following individuals addressed the Board: Jerry Wilkinson, representing the Harry Harris Park Neighborhood Association; Mary Lou Wilkinson, and Todd Firm. After discussion, Staffwas directed to review and make recommendations of the list of improvements attached to the agenda item, for consideration at the next Marathon meeting. COUNTY CLERK Mr. Hendrick addressed the Board. Motion was made by Mayor Neugent and seconded by Commissioner McCoy to not rescind Resolution No. 433-2000, approved at the October 18, 2000 meeting, evidencing the approval ofa recommended Beneficial Use Determination promulgated by the Special Master, In Re: The application of Mill us and Lori Skidmore, as amended. Roll call vote was unanimous. COUNTY ADMINISTRATOR Mr. Roberts updated the Board on a) Department of Technical Services operations; and, b) status of the Land Steward selection. Mr. Roberts also discussed presentation of information on Monroe County's Channel 16 to the public. Mr. Roberts discussed with the Board approval to advertise an Ordinance creating the Fire Rescue and Emergency Medical Services Department; Providing for the Management of the Department; Providing that Fire Rescue and Emergency Medical Services Volunteer Personnel are Volunteers to the County; Creating the Emergency Management Department; Providing for the Management of the Department; 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 following individuals addressed the Board: Chief Sergio 1. Garcia, representing the Fire Chiefs & Key Largo Fire; Andrew McBroom, representing the Professional Firefighters of Monroe County, Local 3909; Yvonne Harper, representing the City of Layton; Brenda Beckmann, representing the Key Largo Volunteer Ambulance Corps., and Charles Brooks. After discussion, motion was made by Commissioner McCoy and seconded by Mayor Neugent requesting Commissioner Nelson meet with the fire chiefs, etc. to develop a plan for consideration at the next Marathon Meeting. Roll call vote was unarumous. 05/16/01 2001/153 PUBLIC HEARINGS The following three agenda items were withdrawn. A request by the Ocean Reef Club, Inc., to amend the Monroe County Year 2010 Comprehensive Plan Policy 101.13.4, Objective 103.2, and Policy 103.2.4 and create new Objective 101.20. There was no public input. No official action was taken by the Board. A request by the Ocean Reef Club, Inc. to amend the Land Use District Map to create a Master Planned Community Overlay District for the Ocean Reef Club. There was no public input. No official action was taken by the Board. A request by the Ocean Reef Club, Inc. to amend the Monroe County Code adding Section 9.5-255.1 to create a Master Planned Community Overlay District for the Ocean Reef Club. There was no public input. No official action was taken by the Board. Commissioner Nelson and Commissioner Williams excused themselves from the meeting. A Public Hearing was held concerning adoption of a Resolution transmitting to the Florida Department of Community Affairs the request by Leonard Lovallo to amend the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from Recreation (R) to Residential Medium (RM) for property described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo, located in Section 13, Township 59 South, Range 40 East, located within the Ocean Reef Club at the northern terminus of County Highway 905, having the real estate identification number 00573670.005903. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution. Motion carried unanimously, with Commissioner Nelson and Commissioner Williams not present. RESOLUTION NO. 203-2001 Said Resolution is incorporated herein by reference. Commissioner Nelson and Commissioner Williams returned to the meeting. A Public Hearing was held concerning adoption of an Ordinance approving the request by Laura and Associates, Inc., to amend the Land Use District (Zoning) Map from Suburban Commercial (SC) to Recreational Vehicle (RV) for property described as Lots 4, 5, and 6, Monroe Park, Cross Key, located in Section 4, Township 60 South, Range 39 East, at approximately mile marker 112.5. Growth Management Director Tim McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Howard Gelbman, Philip B. Burkard, Attorney Franklin Greenman, representing Point Laura, Laura and Associates, Inc. After discussion, motion was made by Commissioner Williams and seconded by Commissioner McCoy to adopt the following Ordinance, with the caveat that the County Attorney fOlWard the documents and concerns discussed here today to DEP and the Craig Company. Roll call vote was unanimous. REVISION 05/16/01 2001/154 ORDINANCE NO. 023-2001 Said Ordinance is incorporated herein by reference. COUNTY ATTORNEY Mr. Hendrick reported to the Board concerning authorization for payment to the firm of Guttenmacher & Bohatch, P.A. for professional services rendered concerning septic tank funding issues. Motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval to pay the item. Roll call vote was unanimous. Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar to adopt the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Old State Road 4A, Vaca Cut, Marathon Beach Subdivision, with a request that the City of Marathon be notified for their input. Motion carried unanimously. RESOLUTION NO. 203A-2001 Said Resolution is incorporated herein by reference. * 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 .sJoaL.lc. ~\)~ Isabel C. DeSantis, Deputy Clerk