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04/16/2003 Regular 2003/77 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, April 16,2003 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., on the above date at the Harvey Government Center. 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Year Award for 2002, to Gisela Doval, Custodian, Facilities Maintenance, Public Works Division. Presentation of Employee of the Month Award for December 2002, to Nancy Molina, Attendant, Bayshore Manor, Social Services Department, Community Services Division. Presentation of Employee of the Month Award for February 2003, to Jim Crane, Sign Technician/Installer, Roads & Bridges, Public Works Division. Presentation of Years of Service Award for 15 years of service to Monroe County to Robert Anderson, Electric Coordinator, Facilities Maintenance Department, Public Works Division. Presentation of Years of Service Award for 15 years of service to Kathy Toribio, Children's Librarian, Key West Library, Community Services Division. 04/1612003 2003/78 Presentation of Years of Service Award for 15 years of service to T erri Weeks, Sr. Office Assistant, at Key West International Airport. Presentation of Golden Shoe Award to Monroe County for its work in making Palm Avenue "pedestrian-friendly". Mayor's Proclamation proclaiming April 2003 as Child Abuse Prevention Month. Mayor's Proclamation proclaiming April 2003 as Sexual Assault Awareness Month. Mayor's Proclamation proclaiming April 2003 as National Drug Court Month. Mayor's Proclamation proclaiming April 15, 2003 as Equal Pay Day. Mayor's Proclamation proclaiming May 1, 2003 as Law Day 2003. Mayor's Proclamation proclaiming May 18 through 24,2003 as Emergency Medical Week. Mayor's Proclamation proclaiming May 1, 2003 as "Day of Prayer" in Monroe County. BULK APPROVALS Motion was made by Mayor Spehar and seconded by Commissioner Neugent granting approval of the following items: Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal Shelter in the amount of$216,083.27 per year. Board granted approval and authorized execution of a Preventative Maintenance Agreement Renewal between Monroe County and York International for the York Centrifugal Chiller and associated cooling tower at Jackson Square in Key West. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Tropical Sailboats, Inc. for an additional one year term to operate and maintain a concession for beach chairs and umbrella rentals at Higgs Beach at the same rate of $255.00 per month, or 10%, whichever is greater. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Tropical Sailboats, Inc. for an additional 5 year term for sailboatlsailboard rentals at Higgs Beach with the same monthly rental terms: 10% of total gross proceeds or a minimum payment of$300.00 per month, whichever is greater. 04/16/2003 2003/79 Board accepted the monthly report on Change Orders reviewed by the County Administrator . Board approved a request from the County's Land Steward to close the following four roads due to illegal dumping and misuse of the properties: Pruitt Drive at its intersection with Johnson Street; Bachmann Road at its intersection with Johnson Street; the dirt trail connecting Bay Shore Drive with Bachmann Road; and Pruitt Drive south of its intersection with Bay Shore Drive. The areas are environmentally sensitive. Board approved a request from the Fish and Wildlife Service to block the following three roads in the Pine Height Subdivision, Big Pine Key due to illegal dumping and misuse of property: Key Deer Refuge to block three roads past the last house on Tampa, Naples and Palm Beach Roads. The areas are environmentally sensitive. Board granted approval of payment to the South Florida Employment and Training Consortium in the amount of $3,000.00 to cover Monroe County's share of a Settlement Agreement with Bessie Stubbs, in exchange for Ms. Stubbs dismissal of her lawsuit with prejudice (being illegally passed over for promotions because of racial discrimination), in February 2002. Board granted approval to apply for the National Endowment for the Humanities' Preservation Assistance Grant and authorization for the Mayor to sign certification statement for the project tided On the Waterfront: Preserving Key West's WWI - era artifacts. Board granted approval and authorized execution of a Revised Service Agreement between Monroe County and Literacy Volunteers of America - Monroe County, Inc., for the development of curriculum for hospitality workplace literacy, tutoring of students in English as a second language, corrections', facilities, and family literacy. Board granted approval and authorized execution of a Revised Service Agreement between Monroe County and The Florida International University Board of Trustees, for cataloging services. Board granted approval to increase bus fare due to: budget constraints; need to encourage public to use other bus transportation; it is the same as the Medicaid Co-Pay; and Monroe County Transportation has not raised the fare in 15 years. Board granted approval and authorized execution of an Interim Assistance Reimbursement (JAR) Agreement between Monroe County and the Department of Children and Families. This Agreement enables the County to be reimbursed for assistance rendered to a client prior to having all funds sent to the client that has been approved for SSI. Board granted approval and authorized execution of a Settlement Agreement between the 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 04/16/2003 2003/80 Case Management Agency). Approval of this Settlement will allow for payment of funds under Contract KG036 (7-1-02 through 2-28-03). Board granted approval and authorized execution of Amendment #0001 to Contract KG042 Community Care for Disabled Adults for 3/01/03 through 6/30103 between the State of Florida, Department of Children & Families and the Monroe County Board of County CommissionerslMonroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval to remove surplus equipment from inventory via advertising for bid, removal and disposal. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement No. AN340 between Monroe County and the Department of Transportation to construct/expand apron at the Florida Keys Marathon Airport. Board granted approval and authorized execution of a Business Associate Addendum between Monroe County and Mental Health Care Center of the Lower Keys, Inc., dlbla Care Center for Mental Health. Agreement covers security of Protected Health Information (PHI) as required by the Health Insurance Portability and Accountability Act of 1996 (HIP AA) Privacy Rule effective April 13,2003. Board granted approval to spend library impact fees to renovate the adjoining shopping center site to enable expansion and improvements to the Big Pine Key Library. Board adopted the following Resolution concerning the Transfer of Funds, Receipt of Unanticipated Funds, and Amending Resolutions: Receipt of Unanticipated Funds (OMB Schedule Item No.1) RESOLUTION NO. 121-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 414-2002 (OMB Schedule Item No.2). RESOLUTION NO. 122-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 123-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). 04/16/2003 RESOLUTION NO. 124-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 125-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 565-2002 (OMB Schedule Item No.6). RESOLUTION NO. 126-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 127-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 128-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 129-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 130-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 131-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 132-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). 2003/81 04/1612003 RESOLUTION NO. 133-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 134-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 1352003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 136-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 137-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 138-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 139-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 140-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 141-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). 2003/82 04/1612003 2003/83 RESOLUTION NO. 142-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 143-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 144-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 421-2002 (OMB Schedule Item No. 25). RESOLUTION NO. 145-2003 Said Resolution is incorporated herein by reference. Board granted approval to rescind Special Service Arrangement between Monroe County and Insight Global Finance, Inc. to replace existing visual control system at Marathon EOC, granted approval to waive Purchasing Policy and Procedure, and authorized execution of a Municipal Master Lease Agreement No. 171004 and Addendum between Monroe County and Insight Global Finance, Inc. to replace existing visual control system at Marathon EOe. The previously approved Agreement had blanks and a total cost of equipment, when provided the equipment list, the total of the list did not match the amount of the approved Contract. Board granted approval of Amendment #2 for FY 2003, of the Key West International Airport Security Expenditure Plan. Amendment addresses reconfiguration of the Security Checkpoint, HoldinglDeparture area, and queuing areas in the Terminal Building, to accommodate Transportation Security Administration's new x-ray and explosive detection equipment. Board granted approval of a ratification of Lease ( offer) Agreement #GS-04 B-4 284 3 between Monroe County and the US Government (GSA) for Transportation Security Administration office space at the Key West International Airport. Board granted approval to negotiate an Agreement with Hertz Corporation to Lease the property currently occupied by the Public Works Department at the Key West International Airport (KWIA) after Public Works moves into their new facilities to be built on Stock Island. Board granted approval to solicit and advertise for RFQ for all Monroe County In-Home Services Program (Community Care for the Elderly (CCE), Alzheimer's Disease Initiative (ADI), Older American Act (OAA III-B & III-E), Community Care for Disabled Adults (CCDA) and Medicaid Waiver (CCDA/MW and HCBSIMW) Grants. 04/16/2003 2003184 TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and The Market Share Company, Inc., to extend Agreement until September 30, 2004 and increase compensation. Board granted approval of the Florida Keys Fishing Tournament, Inc. Appropriation Committee for 2003-2004, as follows: District 1, Mike Weinhofer; District II, John Crockett; District III, Donna Vankirk; District IV, Jim Bernardin; District V, Laura Males. Board granted approval and authorized execution of an Agreement between Monroe County and Prange & O'Hearn Insights, Inc., to provide Visitor Profile Survey Services. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Islamorada Chamber of Commerce covering the Columbus Day 10K Getaway on October 12,2003 in an amount not to exceed $5,000, DAC IV, FY 2003 Event Resources. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Cooke Communications L.L.c., dlbla Florida Keys.com and Key West.com, to exercise option to extend Agreement until September 30, 2005. Board granted approval and authorized execution of an InterIocal Agreement for Grant of Funds between Monroe County and the City of Key West for the Southernmost Point Improvement Project in an amount not to exceed $30,000.00, DAC I, FY 2003 Capital Project Resources. DIVISION OF PUBLIC WORKS Board granted approval to widen Pirates Road, Little Torch Key four feet on each side to allow for a paved path on both sides contiguous with Pirates Road (similar to paved shoulders) and incorporate the work into the next year's schedule. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Board granted approval of Monroe County Planning Department Affordable Housing Deed Restriction from Linda A Embry, Permit No. 02-1-2898, for property described as Lot 29, Ramrod Shores 3rd Addition, Ramrod Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval of an extension in the time of completion of the Post Disaster Recovery & Redevelopment Plan Agreement for Professional Services Amendment # 1 to (Deliverable #7) between Monroe County and Analytica. Final Report to be completed by 31 04/1612003 2003/85 October 202. This item will Amend Deliverable #7 to read: "Final Report to be completed by 30 June 2003." Board granted approval to pay Paul Lin & Associates for a stability analysis for the Naval Vessel Spiegel Grove sunk as an artificial reef off the waters of Key Largo, after premature sinking in May and later righting. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the removal and disposal of 13 shallow water markerslconcrete anchors and the installation of 13 heavy-duty regulatory buoys. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the installation of four aids to navigation off of Key Colony Beach, Shelter Bay from Vaca Cut. Board granted approval and authorized execution of a Contract between Monroe County and Spirit Marine Towing & Assistance for the removal ofDV3A3737 located off of Horseshoe Key. Board granted approval and authorized execution of a Contract Agreement between Monroe County and AS.AP., INe., Marine Contractors for the removal of seven derelict vessels off of Islamorada. Board granted approval to waive Monroe County Policy & Procedures and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of fifteen derelict vessels off of Key Largo. Board granted approval for the transfer of two buildable lots from Jack & Joyce Sweetng to Monroe County by Warranty Deed, Permit Number 02-1-3576, for Lots 1 & 16, Block 49, Sands Subdivision, Bug 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 one Restrictive Covenant from Flynn S. & Marian Smith to have one dwelling unit on contiguous lots described as Lots 2 & 3, Block 1, Cudjoe Gardens, and Lot 1, Block 15, Cudjoe Gardens 4th Addition, Cudjoe Key, Permit Number 02-1-4735. 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. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of the following Expenditures from the Law Enforcement Trust Fund: 04/16/2003 2003/86 $400,000 This sum funds salaries and fringe benefits of officers assigned to the IMPACT Task Force. Based in Coral Gables, IMPACT is a multi-jurisdictional money laundering task force comprised of federal, state, and local law enforcement agencies. Board granted approval of disposition of inventory items for the month of April 2003 in the total amount of$156,714.95. Said list is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Commissioner Neugent's reappointment of Pete Worthington to the Marine and Port Advisory Committee for a three year term expiring on April 1, 2006. Board adopted the following Resolution in support of the Legislature's ratification of an amendment to the Federal Constitution concerning the equal rights. RESOLUTION NO. 146-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution supporting a ten parts per billion phosphorus water quality standard for the Everglades; supporting the implementation deadlines contained in the Everglades Forever Act of 1994; and urging that those responsible for Everglades pollution should be financially responsible for the cleanup; providing an effective date. RESOLUTION NO. 147-2003 Said Resolution is incorporated herein by reference. Board granted approval to direct staff to work with Key Largo Kampground and Marina to make improvements to Samson Road as requested on February 4,2003. Board adopted the following Resolution requesting that State Senator Larcenia Bullard support funding for wastewater and stormwater infrastructure in the Florida Keys. RESOLUTION NO. 148-2003 Said Resolution is incorporated herein by reference. COUNTY CLERK Board approved the following Warrants (80621-82121 & 204734-204912 & 00933-01104): General Fund (001), in the amount of$I,322,883.90; Sup to General Revenue (002), in the amount of$11,884.89; Fine & Forfeiture Fund (101), in the amount of $2,643,326.69; Road and Bridge Fund (102), in the amount of$I,306,599.24; Law Library Fund (103), in the amount of$3,006.96; TDC District Two Penny (115), in the amount of$146,879.98; TDC Admin. & Promo 2 Cent (116), in the amount of$401,749.64; TDC District 1,3 Cent (117), 04/1612003 2003/87 in the amount of$223,223.78; TDC District 2, 3 Cent (118), in the amount of $3,446.04; TDC District 3, 3 Cent (119), in the amount of$14,619.85; TDC District 4, 3 Cent (120), in the amount of$310.10; TDC District 5, 3 Cent (121), in the amount of$3,528.17; Gov. Fund Type Grants (125), in the amount of$505,115.90; Impact Fees Libraries (132), in the amount of$I,201.41; Fire & Amb Dist 1 L&M Keys (141), in the amount of$69,390.31; Upper Keys Health Care (144), in the amount of$3,739.75; Fire & Amb Dist 6 Key Largo (146), in the amount of$28,457.92; Uninc Svc Dist Parks&Rec (147), in the amount of$46,500.59; Plan, Build, Zoning (148), in the amount of$122,552.05; Municipal Policing (149), in the amount of $316,409.30; 911 Enhancement Fee (150), in the amount of$18,075.04; Duck Key Security (152), in the amount of$4,770.08; Local Housing Assistance (153), in the amount of $133,845.21; Boating Improvement Fund (157), in the amount of$41,602.36; Misc. Special Revenue Fund (158), in the amount of $3,856.13; Law Enforcement Trust (162), in the amount of$104,508.39; 93' Refunding Imp. Bonds (203), in the amount of$60.00; 1 Cent Infra Surtax (304), in the amount of$1,308,646.00; Clerks Rev Note, Capital (306), in the amount of$4,400.00; Card Sound Bridge (401), in the amount of $6,740.66; Marathon Airport (403), in the amount of$300,538.01; Key West IntI. Airport (404), in the amount of $208,609.04; MSD Solid Waste (414), in the amount of$I,616,426.93; MSD Debt Service (415), in the amount of$60.00; Worker's Compensation (501), in the amount of$71,211.69; Group Insurance Fund (502), in the amount of$140,888.98; Risk Management Fund (503), in the amount of$174,926.59; Fleet Management Fund (504), in the amount of$201,805.35. FINES & FORFEITURES Court Reporter Services, Amy Landry Reporting, in the amount of$62.50; Associated Court Reporters, in the amount of$6,483.75; Barbara 1. Grant, in the amount of$2,087.75; Catherine H. Webster AKA Cathy Webster, in the amount of$180.00; Court Reporters of Key West, in the amount of$317.00; Esquire Deposition Service, in the amount of$822.75; Fred W. Jeske, in the amount of$80.50; Monroe County Court Reporters, in the amount of $602.00; Suzanne Ex dba All Keys Reporting, in the amount of$2,436.45; Veritext LLC, in the amount of $776.45. Competency Evaluation, A Louis Oconnor PHD, in the amount of $350.00; The Counseling Associates, in the amount of$700.00. Court Interpreter, Alex Diaz, in the amount of$610.00; Claudia M. Hancock, in the amount of$170.00; Estrella Garcia, in the amount of $175.00; Grace Krulasik, in the amount of$35.00; Jacob Zucker, in the amount of$55.00; Joanna Nocun, in the amount of$25.00; Marketa Trnka, in the amount of$75.00; Martha Hernandez, in the amount of$155.00; Mary Lou Waas, in the amount of$340.00; Sandra E. Lam, in the amount of$180.00. Witness Coordination, Witness Payroll, in the amount of$125.00; Witness Travel & Per Diem, in the amount of$193.50. Expert Witness, McGuinness & Associates, in the amount of$4,014.68; Swope Reconstruction, in the amount of$I,068.75. Court Appointed Attorney Fees - Conflict, Feldman, Koenig & Highsmith, in the amount of$I,252.50; Gregory Davila, in the amount of$610.76; John P Rotolo, in the amount of$I,533.00; Leighton G Morse, in the amount of$472.50; Merrell F Sands III, in the amount of$2,133.75; Peary Fowler, in the amount of$476.25; The Margalli Law Office, in the amount of$350.00; Vernis & Bowling of the Florida Keys, in the amount of $443.27; W J Heffernan, Jr, in the amount of$350.00. Other Services Circuit, Joshua Blacksten, in the amount of $220.91. Miscellaneous Expenses, State of Florida, in the amount of$324.45. 04/16/2003 2003/88 TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of March 2003: Advertising, in the amount of $31,235.24; Bricks & Mortar Projects, in the amount of$194,818.09; Visitor Information Services, in the amount of $41,666.64; Events, in the amount of$56,506.06; Office Supplies & Oper Costs, in the amount of $52,330.22; Personal Services, in the amount of$42,146.55; Public Relations, in the amount of$3,851.04; Sales & Marketing, in the amount of$60,192.62; Telephone & Utilities, in the amount of$16,924.79; Travel, in the amount of$8,014.21. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of February 19,2003 and Special Meetings of February 24 & 27,2003 (previously distributed). COUNTY ADMINISTRATOR Board granted approval to return a donation that was made available to the Art in Public Places Committee from the Rodel Foundation for prizes in the Gateway to the Keys design project. No design competition was held and no awards were given due to jurisdictional disputes over projects on or near the right-of-way and funding was not available for the actual project. Therefore, the conditions of the donation could not be met. Board granted approval of the re-appointments of Dick Adler and Dick Holland to the Duck Key Security Advisory Board and the appointment of Fred Bucholtz to fill a position left vacant by the resignation of Ray Przybyl. The appointments will expire April 1, 2006. COUNTY ATTORNEY Board adopted the following Resolution amending Resolution No. 586-2002, which authorized the appointment of alternate Code Enforcement Special Masters and the compensation therefore. RESOLUTION NO. 149-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West for the Joint Employment of the Code Enforcement Special Master. Board granted approval and authorized execution of an Agreement between Monroe County and Ervin Higgs, Property Appraiser, for services of the Property Appraiser in levying and collecting residential solid waste non-ad valorem assessments within the City of Marathon. 04/16/2003 2003189 Board granted approval and authorized execution of an Agreement between Monroe County and Danise Henriquez, Tax Collector, for services ofthe Tax Collector in levying and collecting residential solid waste non-ad valorem assessments within the City of Marathon. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Florida Keys Electric Cooperative Association, Inc. to delete City of Marathon traffic signals and street lights from the maintenance agreement dated December 20, 1995, and to rescind the September 20, 2000 approval of amendment to agreement for same. Board adopted the following Resolution amending Sec. 1.03 of the Administrative Procedures of the Board of County Commissioners of Monroe County in order to provide for procedures for placing items on the regular agenda and add-on agenda of the Board of County Commissioners. RESOLUTION NO. 150-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an InterIocal Agreement between Monroe County, City of Key West, and the Monroe County Sheriffs Department to provide school-crossing guards. Board granted approval to foreclose lien on the Cuban biplane at the Key West International Airport.. Board adopted the following Resolution rescinding Resolution No. 433-2000 concerning a recommended order of Beneficial Use on the Application of MiIIius and Lori Skidmore. RESOLUTION NO. 151-2003 Said Resolution is incorporated herein by reference. Board granted approval to advertise an Ordinance prohibiting person from remaining upon Loop Road, SugarIoaf Key, between sundown and sunrise; providing for posting of signs; providing for penalties for violations; 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. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval and authorizing execution of a Renewal of Management Agreement between Monroe County and Upper Keys Family YMCA for management of the Key Largo Community Park in the amount of$40,764.80 per year. Motion carried unanimously. 04/16/2003 2003/90 County Administrator James Roberts addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the following: Payment in the amount of$193,588 for the renewal premium to Florida Windstorm Underwriting Association. The County's property policy has a $1,000,000 per location windstorm deductible; this policy covers the deductible amount. Accept proposal from Marsh-USA for renewal of Property Insurance coverage and accept a proposal from one of the pending markets if it contains the same coverage from an A rated carrier with better pricing and in the opinion of the Risk Management Administrator is a better proposal. Motion carried unanimously. Technical Services Director, Todd Erickson addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson to not approve the following items and direct Staff to engage in the competitive bid process for the equipment and services: Approval to waive Monroe County Purchasing Policies & Procedures and authorize execution ofa Master Lease Agreement No. 7206980, Equipment Schedule, Form of Certificate of Resolutions and Incumbency, and Amendment between Monroe County and Bell south Communication Systems, LLC, and four Schedules for the Purchase of Equipment andlor Service. This Agreement will eliminate repair charges and save additional costs on upgrades to County phone systems. Approval to waive Monroe County Purchasing Policy & Procedure and authorize execution of a Schedule for Purchase of Dedicated Maintenance Technician Agreement No.CPE50416, Addendum 1, and Amendment between Monroe County and Bellsouth Communication Systems, LLC to upgrade all County phone systems. Agreement will eliminate costly repairs. Roll call vote was unanimous. MISCELLANEOUS BULK APPROVALS Public Works Director, Dent Pierce addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of Contract Amendment NO.1 between Monroe County and Bender & Associates, P.A for renovation of the Old Mariner's Hospital. Amendment replaces Subparagraph 8.1.1 with: "The Architectural fee will be 7.5% of the construction Contract amount of$2,829,600." Motion carried unanimously. 04/16/2003 2003191 TOURIST DEVELOPMENT COUNCIL Mr. Roberts formally announced the vacant position of the Tourist Development Council District IV Advisory Committee for an "At Large" appointment. DIVISION OF COMMUNITY SERVICES Monroe County Public Library Director, Norma Kula informed the Board that the Monroe County Library now has a new web site and is available at www.keyslibraries.org. DIVISION OF PUBLIC WORKS Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson granting approval to advertise for bids for demolition of the Public Service Building on Stock Island. Motion carried unanimously. Motion was made by Mayor Spehar and seconded by Commissioner Neugent directing Staff to contact the City of Key West to request a definitive answer by December 30,2003 concerning the purchase of the Botanical Gardens on Stock Island. Roll call vote was unanimous. DIVISION OF MANAGEMENT SERVICES Commissioner Rice abstained from voting on the following item: Motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval per Staff recommendation to deny the Human Services Advisory Board (HSAB) request to increase total FY 2004 funding for human services organizations subject to its review from $1,064,950.00 to $1,400,000.00. Motion carried unanimously, with Commissioner Rice abstaining. AIRPORTS Public Safety Director, Reggie Paros reported to the Board concerning the following projects at the Florida Keys Marathon Airport that have been completed: 1) Construction of32 hangars, 2) Expansion of Fixed Based Operator Apron, and 3) Installation of Sheriff's hangar project. Mr. Paros also discussed status of the runwayltaxiway remarking project, the new service road, landscaping, and commencement of service by Florida Coastal Airlines. DIVISION OF PUBLIC SAFETY Mr. Paros reported to the Board concerning a major emergency management exercise scheduled to occur on May 21, 2003 at Pro Player Stadium in Miami involving multiple agencies. Mr. Paros also reported to the Board that Monroe County will be participating during the month of May in a state wide hurricane drill to replay the 1935 Hurricane. 04/1612003 2003/92 FIRE RESCUE Monroe County Fire Chief Clark Martin reported to the Board that on April 9,2003 a new fire apparatus went into service in the Cudjoe, Sugarloaf and Summerland Keys area. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry addressed the Board concerning approval of a Contract between Monroe County and Reef Environmental Education Foundation (REEF) to provide monitoring of the Artificial Reef, Spiegel Grove. The Board continued this item to later in the day. The following individuals addressed the Board: Scott Janke, City Manager for the City of Marathon; Debbie Harrison, representing the World Wildlife Fund; Councilman John Bartus, representing the City of Marathon; and Councilman Peter Worthington, representing the City of Marathon. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval and authorizing execution of an Interlocal Agreement between Monroe County and the City of Marathon for the transfer of affordable ROGO allocations and nutrient reduction credits. Motion carried unanimously. DIVISION OF PUBLIC WORKS Jose Gonzalez, Architect updated the Board on work being performed at Jackson Square. Yvette London of Harvard, Jolly, Clees, Toppe Architects, gave the Board a presentation on status of the design of the new Medical Examiner's Facility. Mr. McGarry and County Attorney Richard Collins addressed the Board concerning approval to use up to $4,500 in Boating Improvement Funds to assist in offsetting overtime costs due to "Bartender's Week" to be held in part on the Whale Harbor sandbar on the 12th and 13th of May. The Board continued this item to later in the day. DIVISION OF GROWTH MANAGEMENT Mr. McGarry reported to the Board concerning the following items: 1) A proposed moratorium to go before the Planning Commission concerning the transfer of Recreational Vehicle (RV) sites and their becoming permanent residences, 2) A proposed one year moratorium to go before the Planning Commission concerning any new ROGO allocationsltier designation, 3) a proposed ordinance concerning affordable housing to go before the Planning Commission, 4) In early May, county building permits, licenses, etc., are scheduled to be available on the County's web site. The Board then discussed the process of assigning a Tier System. The following individuals addressed the Board: Attorney Lloyd A Good, Kieran Mahoney, and Joel Rosenblatt. Land Use Attorney, James T. Hendrick and County Attorney 04/16/2003 2003/93 Richard Collins also addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution, as revised, amending Resolution No. 187-2002 of the Board of County Commissioners of Monroe County approving a revised Implementation Plan for the Flood Insurance Inspection and Compliance Program for submittal to the Federal Emergency Management Agency. Said revision as follows: Page 3 of 5 Actions to Ensure No New Additional Non-conforming Structures 2) Amend the existing floodplain regulations to specifically require that the issuance of any permit to a downstairs enclosure, other than a demolition permit or a permit to remedy a life safety hazard. be contingent upon bringing the downstairs enclosure into compliance with the floodplain regulations. Roll call vote was unanimous. RESOLUTION NO. 152-2003 Said Resolution is incorporated herein by reference. Mr. Collins referred the Board to the written Growth Management Litigation Report dated April 14,2003, from Attorney Karen K. Cabanas of the firm Morgan & Hendrick. Mr. Hendrick discussed the Tropic Leisure Recreation litigation. Commissioner Rice excused himself from the meeting. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Section 13-102, 13-103, 13-112, and 113-115 Monroe County Code, to prohibit discrimination on the basis of gender identity or expression for employment or in housing; 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 Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously, with Commissioner Rice not present. ORDINANCE NO. 008-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending the Monroe County Code Section 6.3-3 to permit the County to enter into an Interlocal Agreement with other local governments for the purpose of sharing the services of a Code Enforcement Special Master; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinance; and providing an effective date. There was no public input. Motion was made by Commissioner Nelson and 04/1612003 2003/94 seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously, with Rice not present. ORDINANCE NO. 009-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Ordinance No. 023-2002, deleting environmental lots; 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 Neugent and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried unanimously, with Commissioner Rice not present.. ORDINANCE NO. 010-2003 Said Ordinance is incorporated herein by reference. Commissioner Rice returned to the meeting. A Public Hearing was held concerning adoption of an Ordinance declaring that an emergency exists and waiving notice by a four-fifths vote; an Ordinance of the Board of County Commissioners of Monroe County, Florida, authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each have provided at least ten (10) years offire, rescue and emergency medical services to the residents and visitors of Monroe County and whom each have reached the age of sixty; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinance; 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. ORDINANCE NO. 011-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance making a revision to Chapter 5.5 Monroe County Code (boats, docks, and waterways) to reinstate the Adams Waterway slow speed minimum wake regulatory zone, 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 Nelson and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 012-2003 Said Ordinance is incorporated herein by reference. 04/16/2003 2003/95 DIVISION OF GROWTH MANAGEMENT Commissioner Nelson discussed a Request for Proposal concerning input on the submission of a grant proposal to receive the EP A Decentralized Wastewater System Utility Demonstration Project. Mr. Garrett and Mr. Collins addressed the Board. No official action was taken by the Board. COMMISSIONERS' ITEMS Mayor Spehar discussed her item regarding recognition to the Rural Health Network of Monroe County for being one of the twenty-four counties out of many hundreds to receive the coveted 2003 Acts of Caring Award from the National Association of Counties (NACo) for their Rural Health Dental Sealant Program. Commissioner Nelson discussed his item with the Board concerning Representative Ken Sorenson's Residential Acquisition Fund Act which provides a reoccurring funding mechanism for local governments in area declared areas of critical concern. No official action was taken by the Board. DIVISION OF GROWTH MANAGEMENT The Board returned to the approval of a Contract between Monroe County and Reef Environmental Education Foundation (REEF) to provide monitoring of the Artificial Reef, Spiegel Grove. Mr. Garrett, and Tourist Development Council Director, Harold Wheeler addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Rice to table the item. Motion carried unanimously. The Board returned to the approval of using up to $4,500 in Boating Improvement Funds to assist in offsetting overtime costs due to "Bartender's Week" to be held in part on the Whale Harbor sandbar on the 12th and 13th of May. Mr. Garrett addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Rice to deny the item. Motion carried unanimously. W ASTEW A TER ISSUES Mr. Garrett gave the Board an update briefing on wastewater management projects and issues, and also discussed recommendations concerning engineering options for specific properties within Key West Resort Utility. The following individuals addressed the Board: Diana Flenard-Moore and Melody Cooper concerning the discussion ofa Resolution of the Monroe County Board of County Commissioners providing a Uniform Wastewater Connection Policy for Unincorporated Areas within Monroe County, Supplementing Chapter 15.5-20 through 15.32, Monroe County Code concerning required connection to available sewerage systems as defined therein. After 04/1612003 2003196 discussion, the Board directed the County Attorney to advertise the item for Public Hearing for consideration as an Ordinance. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of State Financial Assistance Agreement, DEP Agreement No. LP0337 Amendment No.1, between Monroe County and the Department of Environmental Protection providing for wastewater funds under Specific Appropriation 1765A of the 2002-2003 State budget. Motion carried unanimously. Mr. Garrett returned to the item concerning an update briefing on wastewater management projects and issues. Mr. Garrett discussed FEMA Grants and the $100 million federal funding for wastewater projects. Jack Teague, representing the Florida Keys Aqueduct Authority discussed with the Board status of the Bay Point, Conch Key, Big Coppitt, and Key Largo Trailer Village wastewater projects. Mr. Garrett returned to the item concerning approval of Staff Recommendations for specific properties within Key West Resort Utility, as written in the Memorandum dated April 11, 2003, from George Garrett, Director of Marine Resources, Subject: Findings and Recommendations for KWRU After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Commissioner Nelson discussed his item with the Board concerning the process of assigning Tier 1, Tier 2, and Tier 3 designations to existing subdivisions. Rebecca Jetton, representing the Florida Department of Community Affairs addressed the Board. No official action was taken. Commissioner Nelson discussed Agenda item 0.8 approved earlier in the bulk motion concerning approval of a Resolution to request State Senator Larcenia Bullard to support the fight for funding for wastewater and stormwater in the Florida Keys. Commissioner Nelson indicated to the Board that Representative Sorenson had requested that he (Commissioner Nelson) travel to Tallahassee to work with him and Senator Bullard to lobby the State for wastewater funding in the amount of $3 million and additional funding from the Department of Community Affairs also for wastewater. Motion was made by Commissioner Rice and seconded by Commissioner Neugent authorizing the Commissioner's travel to Tallahassee in May, 2003. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by adding Section 9.5-22(d)(7) (planning Commission Membership) to add a non-voting member from the local school district. Mr. McGarry and Mr. Collins addressed the Board. There was no public input. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously. 04/16/2003 2003197 ORDINANCE NO. 013-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by amending Section 9.5-22(h)(I) (Planning Commission Meetings) to eliminate the requirement for a regular August meeting. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 014-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by amending Section 9.5-4 (A-5) (Time Restrictions for Maintenance of Affordable Housing) to correct a scrivener's error. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 015-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of the following Resolution to amend the Monroe County Road and Bridge Fund, #102, for the fiscal year ending September 30,2003 (to complete various road improvement projects during this fiscal year, and to fast track the Flagler Avenue road project per our agreement with the Florida Department of Transportation. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution. Public Works Director, Dent Pierce addressed the Board. After discussion, the maker of the motion withdrew with the second accepting. Motion was then made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Nelson Yes Commissioner Neugent No Commissioner Rice Yes Commissioner McCoy Yes Mayor Spehar Yes Motion carried. RESOLUTION NO. 153-2003 Said Resolution is incorporated herein by reference. 04/16/2003 2003/98 COUNTY ADMINISTRATOR Monroe County Land Authority Director, Mark Rosch addressed the Board concerning status of the Key Largo Skate Park and the Quay property. Commissioner Nelson excused himself from the meeting. COUNTY ATTORNEY County Attorney Richard Collins and Assistant County Attorney Bob Shillinger addressed the Board concerning the status of the Southernmost Aviation v. Monroe County litigation. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to not seek attorney fees. Motion carried unanimously, with Commissioner Nelson not present. Mr. Shillinger addressed the Board concerning the status of the Bonnie Kozmer v. Monroe County litigation. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent to not seek attorney fees. Motion carried unanimously, with Commissioner Nelson not present. Commissioner Nelson returned to the meeting. Mr. Collins and Mr. Shillinger read into the record Requests for Attorney-Client "Closed Session" Meetings to hear the Ohio Key and the Gustinger litigation. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to schedule a Special Meeting for Closed Session on Tuesday, May 20,2003 at 4:00 P.M. at the Key Largo Library to discuss the above; and at 5:00 P.M. to consider the creation ofa Municipal Service Taxing Unit (MSTU) for Key Largo. Motion carried unanimously. Motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval to institute foreclosure proceedings and for authority to settle 23 code enforcement lien cases, and to engage outside counsel, if necessary. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to table the approval of a Settlement Agreement in Monroe County v. Key Largo Ocean Resorts Coop, Inc., to the May meeting of the Board in Key Largo. Motion carried unanimously. 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 Jhokl {? lbY~ Isabel e. DeSantis, Deputy Clerk