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02/19/2003 Special/Regular= MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting/Regular Meeting Board of County Commissioners Wednesday, February 19, 2003 Key Largo, Florida 2003/22 A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., with the Regular Meeting convening 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 George Neugent, Commissioner David P. Rice, and Mayor Dixie Spehar.. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; Richard Collins, County Attorney; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. WORKSHOP TO DISCUSS ISSUES OF PUBLIC BUSINESS THAT ARE A CONCERN TO THE BOARD The Board discussed the financial aspect of the Shadek settlement agreement; FEMA regulations; expansion of the Key West International Terminal for security purposes; should Monroe County remain designated as an Area of Critical State Concern; Infrastructure Sales Tax; Non -capital public purposes; and Land acquisition. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner McCoy and seconded by Commissioner Nelson granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Mayor's Proclamation to declare March, 2003 as Seagrass Awareness Month. Presentation of Employee of the Month award for January, 2003 to Paulette Sullivan, Branch Manager, Key Largo Library, Community Services Division. BULK APPROVALS Motion was made by Commissioner McCoy and seconded by Commissioner Neugent - granting approval of the following items: 02/19/2003 2003/23 Board granted approval and authorized execution of the Master Agreement No. PA329 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social Services. Board granted approval and authorized execution of Standard Contract No. KG042 Community Care for Disabled Adults for 03/01/03 through 06/30/03 between the State of Florida, Department of Children and Families and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). The Board also authorized execution of the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts; and, the Certification Regarding Lobbying, Certification for Contracts, Grants, Loans and Cooperative Agreements. Board granted approval of the County Administrator's action of termination of Standard Contract KG036 Community Care for Disabled Adults between Monroe County and the State of Florida, Department of Children and Families. Contract is being terminated due to incorrect unit rates and has been mutually agreed upon by all parties. Board granted approval and authorized execution of 2003/2004 Low -Income Home Energy Assistance Program Federally Funded Subgrant Agreement No. 03EA-3R-11-54-01-018 between Monroe County and the State of Florida Department of Community Affairs, which provides funds to assist eligible households in meeting the cost of home energy. Board ratified the Application for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration for Financial Assistance to purchase two transportation buses. The County Administrator was authorized to sign the application. Board granted approval and authorized execution of a Retail Shopping Center Lease Agreement between Monroe County and MHW Properties, Inc., for additional space in the Big Pine Key Shopping Center for the Big Pine Key Branch Library expansion. Board granted approval to submit Passenger Facility Charge Application # 7, to the Federal Aviation Administration. Collection amount requested is $4.50 per passenger. Said list of Capital Improvement Projects to be considered by the FAA for inclusion in PFC Application # 7 is incorporated herein by reference. Board granted approval and authorized execution of Change Order No. 1 between Monroe County and Toppino's Inc. for the Government Road Exotic Removal and Finger Fills Removal projects at the Key West International Airport. Additional services are for removal of additional pine trees, and line of site clearing for the Air Traffic Control Tower. Board granted approval and authorized execution of Purchase/Service Order No. 01/02-36 between Monroe County and URS to provide preliminary design services to support the 02/19/2003 2003/24 i Major Conditional Use Application and other permitting, for the T-Hangar Development Project at the Key West International Airport. Board granted approval to purchase one (1) new vibratory compactor from M.D. Moody & Sons, Inc., in the total amount of $72,174. Compactor will be utilized by the County's Roads and Bridges Department for the purpose of building and maintaining roads, bike paths, and right of way. Board granted approval to purchase one (1) new oil distributor truck from Florida State Contractor, Atlantic Ford Truck Sales, Inc., in the total amount of $85,598. Truck will be utilized by the County's Road and Bridges Department for the purpose of building and maintaining roads, bike paths, and right of ways. 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 at zero increase over the original Agreement. Board granted approval to advertise for bids for the purchase and installation of a fire alarm graphics annunciation and control computer system at the Monroe County Detention Center on Stock Island. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and Deputy Craig D. Sparrow, formerly known as Craig R. Waskiewicz, to reside in the Stiglitz House at Watson Field, Big Pine Key, for an amount of rent and utilities totaling $425.00 monthly. Board granted approval and authorized execution of Lease Amendment between Monroe County and Rural Health Network of Monroe County, Florida, Inc., to reflect a commencement date change to January 1, 2003. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Barnes' Alarm Systems, Inc. for alarm system certification, maintenance, and monitoring. Board granted approval and authorized execution of a Contract Renewal between Monroe County and Diversified Services of Key West, Inc. for the janitorial services at the May Hill Russell Library in Key West. Board granted approval and authorized execution of a Contract Renewal between Monroe County and L & N Dependable Janitorial, Inc. for the janitorial services at the Big Pine Key Library. Board granted approval and authorized execution of a Contract Renewal between Monroe County and L & N Dependable Janitorial, Inc. for the janitorial services at the George Dolezal Library in Marathon. 02/19/2003 2003/25 I Board granted approval and authorized execution of a Contract Renewal between Monroe County and L & N Dependable Janitorial, Inc. for the janitorial services at the Islamorada Library. Board granted approval and authorized execution of a Contract Renewal between Monroe County and L & N Dependable Janitorial, Inc. for the janitorial services at the Key Largo Library. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to close two roads in the Dove Creek conservation area, Harris Ocean Park, Tavernier, specifically the end of Dove Creek Drive, and a driveway near lots 25-27, Block 6 on Caribbean Avenue, due to illegal dumping and misuse of the property. The area is an environmentally sensitive area. Board granted approval and authorized execution of a State.Highway Lighting, Maintenance, and Compensation Agreement, Form No. 710-010-30, between Monroe County and the State of Florida Department of Transportation to undertake the maintenance and operation of lighting on the State Highway System. Changes to Form Document: The "Facilities" described in Item 1, Maintenance of Facilities, Paragraph a. on page 1 of 5, shall exclude all lighting in the following municipalities: 1. City of Marathon 2. Islamorada. Village of Islands 3. City of Key West. Board granted approval to use Transportation Impact Fees to reimburse the Gas Tax Fund for eligible projects completed between October 2000 through September 2002. Board granted approval to rescind the October 16, 2002 approval of Fiscal Year 2003 Human Service Organization Agreement between Monroe County and Red Ribbon Kids Foundation, Inc. that provides funding for services to benefit children of Monroe County who are infected with, or affected by AIDS, in the amount of $3,100.00. Board granted approval to rescind the October 16, 2002 approval of Fiscal Year 2003 Human Service Organization Agreement between Monroe County and the Salvation Army that provides funding for emergency management and disaster recovery services, including shelter operation, in the amount of $25,000.00. Board granted approval of worker's compensation settlement in the amount of $35,000.00 inclusive of attorney's fees and costs for claim -number 22-098-0001521, date of loss 10/27/98. Board granted approval to issue Request for Proposals for excess insurance for the Monroe County Workers' Compensation Program. Board granted approval to issue Request for Proposals for Third Party Administrative Services for the Monroe County Workers' Compensation Program. 02/19/2003 2003/26 Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Eagle Security Company to provide security services for the Duck Key Security District. Board granted approval and authorized execution of a Contract Addendum between Monroe County and Public Financial Management, Inc. to extend the Contract on a month -to -month basis until RFQ process can be completed. Board granted approval to accept proposal from Marsh USA for Pollution Liability Insurance in the amount of $62,396. Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Funds: .Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 031-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 032-2003 Said Resolution is incorporated herein by reference. Rescind Resolution No. 006-2003 (OMB Schedule Item No. 3), RESOLUTION NO. 033-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 034-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 035-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 036-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). 02/19/2003 2003/27 i i RESOLUTION NO. 037-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 038-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 039-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 040-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 041-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 042-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 043-2003 Said Resolution.is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 044-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 045-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). 02/19/2003 2003/28 RESOLUTION NO. 046 2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 047-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 048-2003 Said Resolution is incorporated here in by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 049-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 050-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 051-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. A52-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 053-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 054-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25) 02/19/2003 2003/29 RESOLUTION NO. 055-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 016-2003 (OMB Schedule Item No. 26). RESOLUTION NO. 056-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 27). RESOLUTION NO. 057-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 058-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 29). RESOLUTION NO. 059-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO.060-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 061-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 062-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 522-2002 (OMB Schedule Item No. 33). RESOLUTION NO. 063-2003 . Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). 02/19/2003 2003/30 RESOLUTION NO. 064-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 35). RESOLUTION NO. 065-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 066-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 37). RESOLUTION NO. 067-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 561-2002 (OMB Schedule Item No. 38). RESOLUTION NO. 068-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 39). RESOLUTION NO. 069-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 070-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 41). RESOLUTION NO. 071-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Business Associate Addendum between Monroe County and WHP Health Initiatives, Inc. d/b/a Walgreens Health Initiatives. Agreement covers security of Protected Health Information, and does not change Prescription Benefits received by Employees in any manner. 02/19/2003 ; 2003/31 Board granted approval of Special Service Arrangement Agreement with Insight Global Finance, Inc. to replace existing visual control system at Marathon EOC. The BOCC may dispense with the bidding provisions of the Ordinance and Contract directly for services, goods or Public Works in the case of an emergency. An interruption in the delivery of an essential governmental service. Approval of this item includes a request for County Commission to waive county policies that county contracts shall have a limitation on liability in statutory amount ($200,000). Board authorized execution of a Municipal Master Lease Agreement and Addendum between Monroe County and Insight Global Finance, Inc. for same. Board granted approval and authorized execution of a Courier Service Agreement Addendum No. 3 and Amendment between Monroe County and Buccaneer Courier for a two year period. Board granted approval and authorized execution of a Consent to Assignment of Household Hazardous Waste Collection Agreement between Monroe County and Safety-Kleen (Bartow), Inc. to Clean Harbors Environmental Services, Inc. Board granted approval to remove surplus equipment from inventory via advertising, removal and disposal. Said list is incorporated herein by reference. Board granted approval and authorized execution of a State -Funded Subgrant Agreement No. 03CG-10-11-54-01-083 between Monroe County and the State of Florida Department of Community Affairs regarding an Emergency Management Preparedness and Assistance Trust Fund Competitive Grant award in the amount of $20,415 for the purchase of a portable emergency communications radio tower. Board granted approval of correction to the Monroe County Policies & Procedures Manual regarding Section 7.01 B. ACCRUAL (There was a scrivener's error in the Accrual Section). Board granted .approval and authorized execution of an Extension of Insurance Consulting Agreement between Monroe County and Interisk Corporation to provide Risk Management, Employee Benefits and Worker's Compensation consulting services. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Interlocal Agreement for Grant of Funds between Monroe County and the City of Key West for the Smathers Beach Groin Sand Renourishment project in an amount not to exceed $49,445 - DAC I, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Island Dolphin Care, Inc. for the construction of Island Dolphin Care in an amount not to exceed $200,000 - DAC V, FY 2003 Capital Project Resources. 02/19/2003 2003/32 it 'I Board granted approval and authorized execution of Grant of Funds between Monroe County and Upper Keys Community Pool, Inc. d/b/a Jacobs Aquatic Center for the Audio/Visual Equipment Project in an amount not to exceed $26,000 - DAC V, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Florida Keys Wild Bird Rehabilitation Center for the Exhibit Habitat project in an amount not to exceed $3,860 - DAC V, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Mote Marine Laboratory covering the Greenhouse project in an amount not to exceed $61,600 - DAC II, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Florida Keys Land & Sea Trust for the Facelift and Refurbishment project in an amount not to exceed $15,463 - DAC III, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Dolphin Research Center for the Replacement of Existing Boardwalks and Docks project in an amount not to exceed $38,554 - DAC III, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Key West Film Society, Inc. for the Key West Film Society Theater project in an amount not to exceed $191,845 - DAC I, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Mel Fisher Maritime Heritage Society, Inc. for the Mel Fisher Maritime Museum Repair and Improvement Phase III project in an amount not to exceed $375,320 - DAC I, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Old Firehouse Preservation; Inc. for the Fire Station No. 3 project in an amount not to exceed $119,486 - DAC I, FY 2003 Capital Project Resources. . Board granted approval and authorized execution of Grant of Funds between Monroe County and Marathon Community Theatre, Inc. for the Green Room/Stage Shop project in an amount not to exceed $13,500 - DAC III, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Key West Players, Inc. for the Waterfront Playhouse Improvement project in an amount not to exceed $13,500 - DAC I, FY 2003 Capital Project Resources. Board adopted the following Resolution to provide additional advance registration and booth -related expenses for trade shows for the Fiscal Year 2004 be paid from Tourist Development Council funds in Fiscal Year 2003. 02/19/2003 2003/33 i i RESOLUTION NO. 072-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Grant of Funds between Monroe County and Mote Marine Laboratory covering the Key West Facility Access and Enhancement project in an amount not to exceed $10,000 - DAC I, FY 2003 Capital Project Resources. Board granted approval and authorized execution of Grant of Funds between Monroe County and Florida Keys Community College for the Tennessee Williams Theatre Remodel & Improvement project in an amount not to exceed $180,005 - DAC I, FY 2003 Capital Project Resources. Board granted approval and authorized execution of a Interlocal Agreement for Grant of Funds between Monroe County and the City of Key West for the White Street Pier Handrail Replacement Phase II project in an amount not to exceed $120,000 - DAC I, FY 2003 Capital Project Resources. Board granted approval and authorized execution of a Interlocal Agreement for Grant of Funds between Monroe County and the City of Marathon for the Phase II project to construct an Amphitheater in an amount not to exceed $47,200 - DAC III, FY 2003 Capital Project Resources. Board granted approval of the revised Cultural Umbrella Event Application that will be reflected within the Monroe County Tourist Development Operations Manual. AIRPORTS Board granted approval and authorized execution of a Lease Agreement between Monroe County and Federal Express Corporation for use of air cargo building and unimproved areas around the building at Florida Keys Marathon Airport, for a period of 24 months, commencing April 1, 2003 and ending on March 31, 2005. Board granted approval for the Greater Marathon Chamber of Commerce and Organized Fishermen of Florida to use the Marathon Airport for the Original Marathon Seafood Festival, from March 27 through April 1, 2003, contingent upon meeting all County requirements. Board granted approval and authorized execution of a Lease Amendment between Monroe County and Mountain Air Cargo, Inc. to extend their lease for use of aircraft apron at the Florida Keys Marathon Airport through March 31, 2005. Board granted approval and authorized execution of an Amendment to Lease between Monroe County and Tony D'Aiuto d/b/a Antique Aircraft Restorations, for a 180 day extension to construct a maintenance hangar at the Florida Keys Marathon Airport. 02/19/2003 1 2003/34 Board granted approval and authorized execution of a Lease Renewal Agreement between Monroe County, Robert DeField and Robert Cayce, Tenants, for hangar space at the Florida Keys Marathon Airport, for an additional five (5) year term, beginning November 1, 2002 and ending October 31, 2007. Board granted approval and authorized execution of a Purchase/Service Order No. 02/03-15 between Monroe County and URS to provide Construction Management Services related to the Sheriffs Hangar project at the Florida Keys Marathon Airport, in the total amount of $76,803.16. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Barry and Paula Davidson, Permit No. 01-3-871, for property described as Lot 32, Block 7, Harbor Course South Section 3 & Pt. Tract A. Ocean Reef Plat #18. The real estate number is 00573710-003200. Board granted approval and authorized execution of a Deed Restriction between Monroe County and Kentco Limited Partnership, Permit No. 00-3-607, for property described as Lot 11, Block 3, Harbor Course South Section 4, Ocean Reef Plat 13. The real estate number is 00573670-0001100. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Theodore A. Migala, Jr. and Mary Jo Migala, Permit No. 01-3-3581, for property described as Lot 10, Block 2, of the unrecorded Plat of Oceana, Monroe County, Florida. The real estate number is 00085340-000101. Board granted approval and authorized execution of a Contractual Services Agreement No. 03DB-88-11-54-22-008 between Monroe County and the State of Florida, Department of Community Affairs to fund additional services of the Affordable Housing Coordinator. Board adopted the following Resolution amending Resolution No. 214-2002 pertaining to the Building Department fee schedule to more effectively implement the true costs of providing the services associated with the Building Permitting and Inspection System and to repeal Resolution No. 165-2000 (Engineer Conducted Inspections). RESOLUTION NO. 073-2003 Said Resolution is incorporated herein by reference. Board granted approval to advertise an Ordinance amending Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways) to create a combustion engine exclusive zone on shallow areas adjacent to Whale Harbor Channel, to amend certain definitions, providing for severability, providing for repeal of inconsistent Ordinance clauses, providing for incorporation into the Monroe County Code, providing for an effective date. 02/19/2003 2003/35 Board granted approval and authorized execution of a Contract between Monroe County and the firm of Ayres and Associates for completion of Bathymetric Survey and photography for three proposed mooring field sites, pending review and approval by the Office of Risk Management. Board granted approval for a Lot Aggregation Restrictive Covenant from Marco Mesa to have one dwelling unit on contiguous lots, Permit No. 02-3-1015, for property described as Lots 12, 15, and 16, Block 16, Key Largo Park, Key Largo. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2002, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Marvin Barrett to Monroe County by Warranty Deeds, Permit No. 02-3-2622, for properties described as Lot 8, Block 9, Koehn's Subdivision, Big Pine Key; and Lot 3, Woodsvale Subdivision, Sugarloaf Key; and granted approval for a Lot Aggregation Restrictive Covenant from Marvin Barrett to have one dwelling unit on contiguous lots, Permit No. 02-3-2622, for property described as Lots 16 and 17, Block 12, Anglers Park, Key Largo. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of three buildable lots from Danny Sanchez to Monroe County by Warranty Deed, Permit No. 02-1-3903, for properties described as Lot 52, Block 4, Cutthroat Harbor Estates, Cudjoe Key; and Lots 1 & 2, Block `A', Kinercha, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of three buildable lots from Dean and Lauren L. Thompson to Monroe County by Warranty Deed, Permit No. 02-1-1175, for properties described as Lots 1, Block 6, Silver Shores Estates, Ramrod Key; and Lots 49 & 50, Block 3, Pine Ridge, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Gregory & Janet L. O'Flynn to Monroe County by Warranty Deed, Permit No. 01-1-4643, for property described as Lots 8 & 10, Block 20, Sands Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47=1999. Board granted approval for the transfer of one buildable lot from Beth A. Kohl to Monroe County by Warranty Deed, Permit No. 00-3-5139, for property described as Lots 18, Block 7, Big Pine Shores, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999. 02/19/2003 2003/36 Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the installation of seven Danger markers in the Red Bay Banks area off of Marathon. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the emergency repair of channel marker 933 Cow Key Channel. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Auto and Marine Repair, Inc. for the emergency removal of DV3A3674 located at U.S. Navy Boat Ramp off of Rat Key. Board granted approval to waive bidding policies and procedures and authorized execution of a Contract Agreement between Monroe County and Arnold's Auto and Marine Repair, Inc. for the removal of selected derelict vessels located off of the lower Keys. Board granted approval of the following eighteen Affordable Housing Deed Restrictions for eighteen dwelling units from the Monroe County Housing Authority: Permit Number Legal Description 02-1-4832 and Lot 32, Block 53, Maloney Subdivision 02-1-4835 Stock Island 02-1-4836 and Lot 33, Block 53, Maloney Subdivision, 02-1-4839 Stock Island 02-1-4840 and Lot 34, Block 53, Maloney Subdivision, 02-1-4841 Stock Island 02-1-4842 and Lot 35, Block 53, Maloney Subdivision, 02-1-4843 Stock Island 02-1-4844 and Lot 36, Block 53, Maloney Subdivision, 02-1-4845 Stock Island 02-1-4846 and Lot 37, Block 53, Maloney Subdivision, 02-1-4847 Stock Island 02-1-4848 and Lot 38, Block 53, Maloney Subdivision, 02-1-4849 Stock Island 02-1-4850 and Lot 39, Block 53, Maloney Subdivision, 02-1-4851 Stock Island 02/19/2003 2003/37 02-1-4852 and Lot 40, Block 53, Maloney Subdivision, 02-1-4853 Stock Island MONROE COUNTY SHERIFF DEPARTMENT Board granted approval and authorized execution of the First Amendment to FY 2003 Agreement between Monroe County, the City of Marathon and the Monroe County Sheriffs Office for local road patrol law enforcement services. This is an amendment to Article XVII (Option to Renew) changing the required notice from 90 days to 30. days. Board granted approval of the following request for expenditures from the Law Enforcement Trust Fund, in the amount of $4,795.00: $3,000 This sum will be administered by the Marathon Rotary Club in partnership with MCSO deputies and civilian personnel to provide Christmas gifts to needy children throughout Monroe County $ 995 This will be used to purchase tennis and golf balls for practice and tournaments for Marathon High School's girls and boys golf and tennis teams. Coach Mark Hooper's program includes both high school and middle school students. $ 800 This sum will help provide uniforms, travel expenses, and balls for the Key West High School girls and boys tennis teams. Board granted approval for the disposition of inventory items for the month of February 2003, in the total amount of $194,257.46. Said list is incorporated herein by reference. Board granted approval of FY 2003 recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board. Said document is incorporated herein by reference. (This item is also discussed later in the meeting). COMMISSIONERS' ITEMS Board granted approval of Mayor Spehar's reappointment of Felix Otero to serve on the Housing Finance Authority as. the representative from District 1. Board adopted the following Resolution requesting full funding of the Ecosystem Management and Restoration Trust fund. RESOLUTION NO. 074-2003 Said Resolution is incorporated herein by reference Board granted approval of Commissioner Neugent's reappointment of Rosie Ladrie to the Housing Finance Authority with term expiring February 2007. 02/19/2003 2003/38 Board granted approval of Commissioner Neugent's reappointment of David Paul Horan to the Human Services Advisory Board with term expiring November 2006. Board granted approval to repave road, install lighting, and construct pedestrian/bicycle paths on both sides of the roadway from the end of the island entrance bridge to the Truman Bridge, Duck Key. Board adopted the following Resolution supporting the Comprehensive Everglades Restoration Plan; urging Congressional authorization of the Indian River Lagoon Feasibility Study; the Southern Golden Gate Estates and the water preserve areas, including the Bird Drive recharge area and southern compartment of the Hillsboro impoundment; and supporting State approval of the Indian River Lagoon Feasibility Study, the Southern Golden Gate Estates and the water preserve areas project, including the Bird Drive recharge area and southern compartment of the Hillsboro impoundment. RESOLUTION NO. 075-2003 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Nelson's appointment of Todd Firm to the Human Services Advisory Board with term expiring November 2004, replacing Tricia Hynes who resigned in April 2002. Board granted approval of Commissioner Nelson's re -appointment of Rocky S. Hubert to the Monroe County Housing Finance Authority with a two year term. Board granted approval of a request for qualifications for implementing the EPA Grant of 3.8 million dollars for a demonstration project on one of the Florida Keys in an efficient and affordable manner. (This item is also discussed later in the meeting). Board adopted the following Resolution opposing proposal expanding Community Health of South Dade, Inc. into Monroe County and supporting the proposal of Rural Health Network of Monroe County, Inc. for pilot project for indigent primary care. RESOLUTION NO. 076-2003 Said Resolution is incorporated herein by reference. Board granted approval to rename the Crawl Key Fire Rescue Training Facility to the Joe London Fire Rescue Training Facility in honor of retired Fire Marshal Joe London. COUNTY CLERK WARRANTS Board approved the following Warrants_(#77853-79379 & 204402-204577 & 0001-00039): i 02/19/2003 2003/39 General Fund (001), in the amount of $2,085,889.75; Sup to General Revenue (002), in the amount of $33,153.71; Fine & Forfeiture Fund (101), in the amount of $7,636,808.39; Road and Bridge Fund (102), in the amount of $76,555.11; Law Library Fund (103), in the amount of $4,269.00; TDC District Two Penny (115), in the amount of $270,274.54; TDC Admin & Promo 2 Cent (116), in the amount of $575,397.77; TDC District 1,3 Cent (117), in the amount of $143,901.73; TDC District 2,3 Cent (118), in the amount of $3,179.37; TDC District 3,3 Cent (119), in the amount of $13,735.46; TDC District 4,3 Cent (120), in the amount of $3,075.06; TDC District 5,3 Cent (121), in the amount of $13,280.05; Gov. Fund Type Grants (125), in the amount of $355,987.02; Impact Fees Police Fac (134), in the amount of $29.87; Fire & Amb Dist 1 L&M Keys (141), in the amount of $108,036.26; Upper Keys Health Care (144), in the amount of $19,067.88; Fire & Amb Dist 6 Key Largo (146), in the amount of $46,113.82; Uninc Svc Dist Parks & Rec (147), in the amount of $48,246.98; Plan, Build, Zoning (148), in the amount of $107,631.97; Municipal Policing (149), in the amount of $1,081,008.07; 911 Enhancement Fee (150), in the amount of $17,127.67; Duck Key Security (152), in the amount of $11,513.01; Local Housing Assistance (153), in the amount of $31,110.96; Boating Improvement Fund (157), in the amount of $47,897.40; Misc. Special Revenue Fund (158), in the amount of $6,233.83; Law Enforcement Trust (162), in the amount of $9,092.48; Court Facilities Fee-602 (163), in the amount of $686.69; 1 Cent Infra Surtax (304), in the amount of $540,937.16; Clerk's Rev Note, Capital (306), in the amount of $24,667.00; Card Sound Bridge (401), in the amount of $9,847.96; Marathon Airport (403), in the amount of $214,649.67; Key West Intl Airport (404), in the amount of $329,005.56; MSD Solid Waste (414), in the amount of $979,907.15; Worker's Compensation (501), in the amount of $55,725.84; Group Insurance Fund (502), in the amount of $141,859.64; Risk Management Fund (503), in the amount of $55,190.44; Fleet Management Fund (504), in the amount of $72,397.84; 1 Cent Infra Surtax (304), in the amount of $75,912.25. FINES & FORFEITURES Court Reporter Services, Amy Landry Reporting, in the amount of $913.75; Associated Court Reporters, in the amount of $2,553.75; Barbara J. Grant, in the amount of $1,910.00; Catherine H. Webster AKA Cathy Webster, in the amount of $3,981.50; Fred W. Jeske, in the amount of $3,981.50; Martin B. Leshaw, in the amount of $1,068.00; Monroe County Court Reporting, in the amount of $50.00; Suzanne Ex d/b/a All Keys Reporting, in the amount of $1,806.75; Veritext LLC, in the amount of $2,146.50. Competency Evaluation, A. Louis Oconnor PHD, in the amount of $1,650.00; James W. Holbrook EDD, in the amount of $2,700.00; Marshall Wolfe EDD, in the amount of $350.00; Michael P. Brannon, in the amount of $350.00; Tanju Mishara PHD, in the amount of $850.00. Court Interpreter, Alex Diaz, in the amount of $642.84; Claudia M. Hancock, in the amount of $70.00; Deborah Jeanniton, in the amount of $25.00; Estrella Garcia, in the amount of $75.00; Joanna Nocun, in the amount of $125.00; Maria Luisa Davis, in the amount of $40.00; Mario Baldatti, in the amount of $208.58; Marketa Trnka, in the amount of $25.00; Martha Hernandez, in the amount of $175.00; Mary Lou Waas, in the amount of $75.00; Sandra E. Lam, in the amount of $275.00; Sergio Alvarez, in the amount of $270.00. Witness Coordination, Witness Travel & Per Diem, in the amount of $841.29. Expert Witness, A. Lamar Miller, in the amount of $500.00; James D. Barnard PHD, in 02/19/2003 ! 2003/40 the amount of $1,125.00; Samuel Curry Snedaker, in the amount of $2,500.00; Thomas Hibberd PHD, in the amount of $1,255.00. Court Appointed Attorney Fees - Conflict, Carl Palomino Esq., in the amount of $1,487.50; Christine M. Milligan, in the amount of $1,268.75; Christopher Meyer, in the amount of $1,507.50; David G. Hutchinson, in the amount of $712.50; Donald E. Yates PA, in the amount of $870.00; Feldman, Koenig & Highsmith, in the amount of $717.50; Julio A. Padilla, in the amount of $797.45; Law Offices of Mercy Hermina, in the amount of $2,949.00; Law Offices of Richard Wunsch, in the amount of $556.08; Leighton G. Morse, in the amount of $885.00; Peary Fowler, in the amount of $1,389.00; Raymen Suarez, in the amount of $2,490.00; Roberta S. Fine PA, in the amount $700.00; Wayne Dapser, in the amount of $820.50. Other Services Circuit, Avis Rent A Car, in the amount of $456.91; Michael W. Strickland, in the amount of $184.02; Patricia Docherty, in the amount of $934.84; Robert M. Biswas, in the amount of $222.78; State of Florida, in the amount of $2,443.14. Miscellaneous Expenses, William H. Webster (SA Copies), in the amount of $26.68. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of January 2003: Advertising, in the amount of $397,968.87; Bricks & Mortar Projects, in the amount of $113,621.10; Visitor Information Services, in the amount of $37,833.32; Events, in the amount of $43,545.37; Office Supplies & Oper Costs, in the amount of $35,797.86; Personal Services, in the amount of $116,797.20; Public Relations, in the amount of $137,905.20; Sales & Marketing, in the amount of $35,600.26; Telephone & Utilities, in the amount of $18,199.69; .Travel, in the amount of $4;498.49. Board granted official approval of the Board of County Commissioners Meeting Minutes and Industrial Development Authority Meeting Minutes of November 20, 2002; and BOCC Meeting Minutes of December 18, 2002 (previously distributed). COUNTY ADMINISTRATOR Board granted approval of the appointment of Kathy Lewis to replace Ray Albury on the Matecumbe Historical Board with a term to expire July 17, 2006. Board granted approval of expenditures from the Board of County Commissioners' promotional account for items for the Marathon Government Center meeting room during the month of December in the amount of $38.89. Board adopted the following Resolution authorizing the issuance of not exceeding $25,000,000 in aggregate principal amount of Monroe County, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2003, to finance the acquisition, construction and equipping of certain capital improvements within the County; Pledging moneys received by the County from the one cent local government infrastructure sales surtax to secure payment of the principal of and interest on said bonds; Providing for the rights of the holders of said bonds; making certain other covenants and agreements in connection with the issuance of such bonds; Providing certain terms and details of said bonds; and providing for an effective date for this Resolution. 02/19/2003 2003/41 RESOLUTION NO. 077-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution supplementing a Resolution adopted by the Board on February 19, 2003 and entitled "A Resolution of the Board of County Commissioners of Monroe County, Florida authorizing the issuance of not exceeding $25,000,000 in Aggregate principal amount of Monroe County, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2003, to finance the acquisition, construction and equipping of certain Capital Improvements within the County; Pledging moneys received by the County from the one cent local government infrastructure sales surtax to secure payment of the principal of and interest on said bonds; Providing for the rights of the holders of said bonds; making certain other covenants and agreements in connection with the issuance of such bonds; Providing certain terms and details of said bonds; and providing for an effective date for this Resolution; Making certain covenants and agreements in connection with the issuance of such Series 2003 bonds; Authorizing the awarding of said Series 2003 bonds pursuant to a public bid; Delegating certain authority to the Mayor for the award of the Series 2003 bonds and the approval of the terms and details of said Series 2003 bonds; Appointing the paying agent and registrar for said Series 2003 bonds; Authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect thereto; Authorizing the execution and delivery of a continuing disclosure certificate; Authorizing municipal bond insurance for the bonds; Authorizing a reserve account insurance policy with respect to the bonds; and providing an effective date. RESOLUTION NO. 078-2003 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Board adopted the following Resolution restricting trailer parking and size of boats and vehicle speed in Harry Harris Park, Key Largo. RESOLUTION NO. 079-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution approving an Interlocal Agreement with Islamorada, Village of Islands, regarding library impact fees. RESOLUTION NO. 080-2003 Said Resolution is incorporated herein by reference. Board granted approval to advertise an Ordinance dissolving the Translator Taxing District and repealing the laws establishing the District; 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. 02/19/2003 2003/42 I - Board granted approval of a request to approve a Stipulated Final Settlement Agreement with TJ Builders Corp.v. Monroe County, Case No. CAP-00-276 concerning the Key Largo Community Park project. Motion carried unanimously. AIRPORTS Motion was made by Commissioner Rice and seconded by Commissioner Neugent to delete from today's agenda a request from the Airport Director and County Attorney's Office concerning direction from the Board on the enforcement of the lien against the Cuban biplane. Motion carried unanimously. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to delete from the agenda a request from the Airport Director and County Attorney's Office for direction from the Board on the enforcement of the lien against the Cuban biplane. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Ted Carter, and Charo Bolanos Ruiz, Esq., representing F&I Construction addressed the Board concerning the approval to waive purchasing and policy procedure, award bid and execute contract with the high bidder, D. L. Porter Constructors, Inc. in the amount of $2,829,600 for the renovation of the Old Mariners Hospital. County Administrator James Roberts; Architect Bert Bender, County Attorney Richard Collins; and County Engineer Dave Koppel also addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson to table Agenda the item to the March, 2003 meeting of the Board in Marathon. Motion carried unanimously. POINT OF PERSONAL PRIVILEGE Commissioner Neugent thanked everyone who sent cards and letters in the recent death of his father. DIVISION OF COMMUNITY SERVICES / COMMISSIONERS' ITEMS Community Services Director, James Malloch addressed the Board. Doug Gregory, Extension Service Director made a presentation before the Board of a Report entitled 2003 Community Listening Sessions UFIIFASMonroe County Extension. Mayor Spehar discussed her item with the Board on reinstating the practice of calling Town Meetings in designated areas to provide the residents an opportunity to have dialogue with their elected official and County staff. 02/19/2003 2003/43 After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the above report entitled 2003 Community Listening Sessions UFIIFAS Monroe County Extension. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson that Town Meetings may be held upon request by a formal group that this Board be available. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Mr. Koppel addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval to award bid and execute a Standard Form of Agreement between Monroe County and JTD Contracting, Inc. d/b/a Upper Keys Marine Construction for the demolition of La Paloma Bridge in the amount of $98,000. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Debra Harrison, representing the World Wildlife Fund addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of a Contract between Monroe County and Keith and Schnars to provide governmental services on projects relating to Everglades Restoration. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Commissioner Rice abstained from voting on the following item: Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of the Employee Assistance Program Renewal Agreement between Monroe County and the Mental Health Care Center of the Lower Keys, Inc., d/b/a Care Center for Mental Health for one year then subject to annual renewal after that date. The Contract provides for confidential counseling services for employees and dependents of the Board of County Commissioners, the Board Members and the Constitutional Officers. Motion carried unanimously, with Commissioner Rice abstaining. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution concerning the receipt of unanticipated funds and a resolution concerning the transfer of funds for the Old Mariner's Hospital Renovation. Motion carried unanimously. RESOLUTION NO. 081-2003 RESOLUTION NO. 082-2003 Said Resolution is incorporated herein by reference. 02/ 19/2003 2003/44 TOURIST DEVELOPMENT COUNCIL Mr. Roberts made a formal announcement of one vacant position on the Tourist Development Council District IV Advisory Committee for an "at large" appointment. Mr. Roberts made a formal announcement of one vacant position on the Tourist Development Council District I Advisory Committee for an "at large" appointment. DIVISION OF PUBLIC WORKS Public Works Director Dent Pierce reported to the Board concerning status of work on Pineway Road on Big Pine Key. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of Amendment No. 1 to the Memorandum of Understanding between Monroe County and the Florida Department of Community Affairs, dated December 27, 1999, to revise reporting requirements and conditions for payback of credited ROGO Allocations. Motion carried unanimously. Marine Resources Director George Garrett addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval to expend up to $10,000 in either Derelict Vessel or Boating Improvement Funds to Maritime Marine, Inc. in support of a Florida Keys National Marine Sanctuary effort to remove a vessel named the "Done Deal" which sank in the Dry Tortugas area. Motion carried unanimously. Growth Management Director Tim McGarry reported to the Board on the status of work concerning an amendment to the Air Installation Compatible Use Zone (AICUZ); status of an RFQ for a Fiscal Impact Analysis on the Tier System; status of the Big Pine HCP; Carrying Capacity implementation group; and DCAs appeal of the 21 permits. MISCELLANEOUS Commissioner Neugent made an announcement that on March 3 - 8, 2003, the Monroe County Sheriffs Office will be offering three two day 16 hour courses on Introduction to Community Policing. The courses will be held on March 3, 4, 5 & 6, 2003 at Key Colony Beach City Hall and March 7 & 8, 2003, at the Marathon Government Center. Classes are from 8:00 A.M. to 5:00 P.M. For further information, please contact Captain Bob Peryam or Sergeant Larry Kelly at the Monroe County Sheriffs Office. DIVISION OF GROWTH MANAGEMENT Debra Harrison, representing the World Wildlife Fund addressed the Board concerning 02/19/2003 2003/45 the Presentation of Report for the discussion of the pros and cons of Monroe County remaining designated as an Area of Critical State Concern. This item is discussed later in the meeting. COMMISSIONERS' ITEMS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to reopen the Agenda in order to reconsider Agenda item P.15 concerning a request for qualifications for implementing the EPA Grant of 3.8 million dollars for a demonstration project on one of the Florida Keys in an efficient and affordable manner. Motion carried unanimously. Mayor Spehar discussed her item with the Board concerning possible action regarding ability to trade ROGO lots dedicated to the county for environmental preservation in a specific location for other environmentally sensitive lots. Attorney Frank Greenman, representing Clay & Moyant addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to table the item to the March, 2003 meeting of the Board in Marathon. Motion carried unanimously. Commissioner Neugent discussed his item with the Board concerning a self -financed program to establish hurricane shelters. Joel Rosenblatt made a presentation before the Board and discussed his document entitled A Self -Financed Program to Establish Hurricane Shelters in Monroe County, Florida, dated January, 2003 prepared by Joel Rosenblatt, P.E. of Rosenblatt-Naderi Associates, P.A. Andrew Tobin addressed the Board. DIVISION OF GROWTH MANAGEMENT Van Cadenhead and Charles Causey addressed the Board. The Board discussed a Report of the pros and cons of Monroe County remaining designated as an Area of Critical State Concern. Growth Management Director Tim McGarry also addressed the Board. No official action was taken by the Board. County Attorney Richard Collins referred the Board to the Growth Management Litigation Report, dated February 18, 2003, from Attorney Karen K. Cabanas of the firm Morgan and Hendrick. PUBLIC HEARINGS A Public Hearing was held concerning adoption of the following Ordinance authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each have provided at least ten (10) years of Fire, Rescue and Emergency Medical Services to the residents and visitors of Monroe County and whom each have reached the age of sixty; providing for severability; providing for the repeal of all Ordinance inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances. and providing an effective date. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. 02/19/2003 2003/46 ORDINANCE NO. 001-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of the following Ordinance authorizing the issuance of its Monroe County, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2003, in an aggregate principal amount not to exceed $25,000,000 secured by and payable from the pledged funds described herein for the principal purposes of financing the acquisition, construction and equipping of various capital improvements within the County; providing for various rights and remedies of the bondholders; providing that the bonds authorized hereunder will not create a general debt or obligation of the County; providing for severability; and providing an effective date. There was no public input. County Administrator James Roberts, and Bond Counsel, Steve Miller addressed the Board. After discussion, motion was made by Commissioner and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 002-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning approval of a Declaration of Restrictive Covenant regarding the right-of-way in Hibiscus Park Subdivision, Key Largo. The Board accepted public input with the following individual addressing the Board. Jill Patterson. County Attorney Richard Collins addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy granting approval and authorizing execution of the Declaration of Restrictive Covenant. Motion carried unanimously. A Public Hearing was held concerning adoption of the following Ordinance modifying Chapter 5.5, Article III, Monroe County Code concerning No Discharge Zones, providing for severability; providing for the repeal of Ordinances inconsistent herewith; providing for incorporation into. the Code of Ordinances; providing for an effective date. There was no public input. Marine Resources Director, George Garrett addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 003-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of the following Ordinance making a revision to the Snake Creek Regulatory Zone in Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways), providing for severability, providing for repeal of inconsistent Ordinance clauses, providing for incorporation into the Monroe County Code, providing for an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 004-2003 Said Ordinance is incorporated herein by reference. 02/19/2003 i 2003/47 Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to approve the following Resolutions: Settlement Agreement and Mutual General Release dated February 19, 2003 in the litigation of Shadek, et al. v. Monroe County (Florida Circuit Case No. 95-20398-CA-05; U.S. District Court Case No. 92-10026-CIV-KING; U.S. Circuit Court of Appeals Case No. 95-4947) and authorizing the County Administrator to execute and deliver the Settlement Agreement and Mutual Release; and Transfer of Funds resolution for same. Motion carried unanimously. RESOLUTION NO. 083-2003 RESOLUTION NO. 084-2003 Said Resolutions are incorporated herein by reference. The Board discussed approval for the Administration to negotiate a lease arrangement with the United States Navy for the purpose of reopening the Geiger Key Boat Ramp on Navy property, with specific conditions: 1) The Community. participates in assuring that the facility is closed during evening hours; 2) Garbage receptacles should be placed by the County and frequently emptied; 3) There should be appropriate signage provided to alert the public concerning the shallow nature of the surrounding water; 4) The lease is a no -cost lease for the County. After discussion, motion was made by Mayor Spehar and seconded by Commissioner Neugent to table the item to the March, 2003 meeting of the Board in Marathon. Motion carried unanimously. MONROE COUNTY JUDICIAL SERVICES Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval for the Guardian Ad Litem Program of the 16th Judicial District to apply for a Court Appointed Special Advocate (CASA) Grant. The Guardian ad Litem program seeks to increase the number of volunteers and to use all available resources in order to assure quality advocacy for children. An application will be made for $80,000 fora Program Expansion Grant and $20,000 for a diversity grant to provide funding for translation services. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Nelson discussed with the Board his meeting in Tallahassee on February 10, 2003, to share in joint meetings with Representative Ken Sorensen, DCA, DEP, and Governor Bush on the issues of affordable housing, smart growth and wastewater funding. Commissioner McCoy and Commissioner Neugent excused themselves from the meeting. Commissioner Nelson discussed his item with the Board concerning approval to send FDOT a formal Resolution requesting that a priority be assigned to installation of a radius curve 02/19/2003 II 2003/48 i i at the flashing yellow light and intersection of C.R. 905 and Card Sound Road (S.R. 9( '5-A), located outside of the Ocean Reef Community, to allow traffic to flow at 35 miles per hour. Motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously, with Commissioner McCoy and Commissioner Neugent not present. RESOLUTION NO. 085-2003 Said Resolution is incorporated herein by reference. Commissioner McCoy and Commissioner Neugent returned to the meeting. WASTEWATER ISSUES Robert Sheets, Jerry Wilkinson, and Charlie Brooks representing the Key Largo Wastewater Treatment Board; Howard Gelbman, representing the Cross Key Property Owners Association; and Van Cadenhead addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy granting approval to advertise an Ordinance, to be heard on Wednesday, May 14, 2003, in the Key Largo Library, and at the request of the Key Largo Wastewater Treatment District, creating the Key Largo Wastewater Treatment District Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater and reclaimed water services and facilities; Defining the boundaries of the Unit; Authorizing the Board to annually levy Ad Valorem Taxes within the boundaries of such unit not to exceed 0.35 Mil; Authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. Roll call vote was taken with the following results: Commissioner Nelson Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner McCoy Yes Mayor Spehar No Motion carried. Robert Sheets, representing the Key Largo Wastewater Utility Board addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to table the item and call a Special Meeting of the Board for Monday, February 24, 2003, at 5:00 P.M. in the Key Largo Library concerning the approval of a Transition Agreement between Monroe County, the Florida Keys Aqueduct Authority, and,the Key Largo Wastewater Utility Board. Motion carried unanimously. Commissioner McCoy excused himself for the remainder of the meeting. Jim Reynolds, representing the Florida Keys Aqueduct Authority briefed the Board on progress to date on wastewater management projects and issues. i i 02/19/2003 COMMISSIONERS' ITEMS 2003/49 I Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to table the item to the March, 2003 meeting of the Board in Marathon concerning a request for qualifications for implementing the EPA Grant of 3.8 million dollars for a demonstration project on one of the Florida Keys in an efficient and affordable manner. Motion carried unanimously, with Commissioner McCoy not present. WASTEWATER ISSUES Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval of a Request for Statements of Qualifications for engineering services to complete aerial photography, surveying, and preliminary engineering for wastewater improvements on Big Coppitt, Rockland, and Geiger Keys. Motion carried unanimously, with Commissioner McCoy not present. The following individuals addressed the Board concerning issues and potential resolutions to concerns involving the connection cost for residential and commercial properties to Key West Resort Utility: Debra Richardson, representing Harbor Shores; Carolee McReynolds, representing Waters Edge Mobile Home Park; Kim Wigington, Steve Wigington, William Robertson, Diana Flenard-Moore, Ross Murphy, and John Jones, representing Harbor Shores. No official action was taken by the Board. Commissioner Neugent excused himself from the meeting. PUBLIC HEARINGS The continuation of a Public Hearing was held to consider adoption of an Ordinance amending Sections 9.5-316.1, 9.5-316.2, and 9.5-317, Monroe County Code; providing for reorganization; providing for definitions; providing for Restrictive Covenants; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. The Board accepted public input with the following individual addressing the Board: Pauline Klein. Growth Management Director Tim McGarry addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Nelson to table the item. Motion carried unanimously, with Commissioner Neugent and Commissioner McCoy not present. (This Public Hearing will be rescheduled and re -advertised). Commissioner Neugent returned to the meeting. The continuation of a Public Hearing was held to amend Monroe County Code Section 9.5-4 (H-6, Home Occupation), Monroe County Code to provide clearer definition; amending Sections 9.5-233, 234, 235.1, 236, 237, 238, 239, 240, 241, 242, and 248 to delete Public 02/19/2003 2003/50 I Hearing requirement; amending Section 9.5-247 (Commercial Fishing Special Districts), to allow home occupations; creating Section 9.5-259 to provide rules and procedures for administrative approval by the Planning Director of home occupations; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; directing the Clerk of the Board to forward _a certified copy of this Ordinance to the Florida Department of Community Affairs; and providing for an effective date. The Board accepted public input with the following individual addressing the Board: Pauline Klein. Growth Management Director Tim McGarry addressed the Board. (This Public Hearing is scheduled to be heard at the March, 2003 meeting of the Board in Marathon.) COMMISSIONERS' ITEMS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval to purchase additional property next to Key Largo Community Park for expansion of parking and a skateboard activities center. Motion carried unanimously, with Commissioner McCoy not present. MONROE COUNTY SHERIFF DEPARTMENT Commissioner Rice abstained from voting on the following item: Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to reconsider approval of FY 2003 recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board. Said document is incorporated herein by reference. Motion was then made by Commissioner Neugent and seconded by Commissioner Nelson to approve the item. Motion carried unanimously, with Commissioner Rice abstaining and Commissioner McCoy 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 of County Commissioners Monroe County, Florida � C.Q a� Isabel C. DeSantis, Deputy Clerk