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05/21/2003 Regular 2003/107 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 21, 2003 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Mayor' s Proclamation proclaiming the month of May 2003 as Civility Month. Presentation of Mayor's Proclamation proclaiming May 2003 as Older Americans Month. Presentation of Mayor's Proclamation proclaiming the month of May 2003 as Foster Care Month. Presentation of Mayor' s Proclamation proclaiming the month of May 2003 as Florida State Parks Month. Presentation of Mayor's Proclamation proclaiming the month of May 2003 as Elder Law Month. Presentation of Mayor's Proclamation proclaiming the month of July 2003 as Veterans and Military Awareness Month. OS/21/03 2003/1 08 Presentation of Mayor's Proclamation proclaiming the week of May 17th - May 23rd, 2003 as Safe Boating Week. Presentation of Mayor's Proclamation proclaiming May, 2003 as Motorcycle Safety and Awareness Month. MISCELLANEOUS The Board discussed a Settlement Agreement regarding Key Largo Ocean Resorts. Attorney Joaquin Fernandez, P.A; Growth Management Director Tim McGarry, and County Attorney Richard Collins addressed the Board. The Board agreed to hear the matter at the June 18,2003 BOCC meeting in Marathon at 1 :30 P.M. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval and authorizing execution of the following: Board granted approval to close the Marathon Library from July 14, 2003 through July 25, 2003, to enable carpet installation throughout the building. Safety factors preclude having patrons in the building during this period. Staffwill be present for full work scheduling, and phone service will remain available. The installation will be coordinated through the Public Works Department. Board granted approval and authorized execution of a Notice of Grant Award between Monroe County and the Florida Department of Transportation, for one 22' -27' Bus, (B on C), Diesel, 2 W/C Pos. (Final decision will be made by Federal Transit Administration in July, 2003). Board granted approval and authorized execution of Amendment 001 to Contract #XM194 between Monroe County and the State of Florida, Department of Elder Affairs adding a renewal option to current Contract. SCSEP PY July 1, 2003 through June 30,2004. Board granted approval for the Monroe County, Florida Keys Council for People With Disabilities (FKCFPWD) to use outside consulting services for the FKCFPWD Council Board in matters pertaining to the American Disabilities Act (ADA) Federal Law in an advisory capacity and to use the consulting services to provide a workshop for Monroe County businesses and associations in ADA awareness training to better promote ADA requirement compliance, awareness, education, and understanding in Monroe County. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Stand Up for Animals, Inc. for operation of the Big Pine Key and Marathon Animal Shelters in the amount of$215,600.00 (same amount as current year's Contract). Board granted approval to award bid and issue a Purchase Order in the amount of $116,280.00 to South Florida Boiler & Gas Services, Inc. to furnish and install a new Hot Water OS/21/03 2003/1 09 System at the Monroe County Detention Facility on Stock Island, and adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 157-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Renewal of Lease Agreement between Monroe County and F. James Chaplin d/b/a Island Marina, Inc. for office space in Marathon for the State Attorney and Public Defender. Board granted approval and authorized execution of a (two year Lease) Agreement between Monroe County and the Florida House of Representatives, Ken Sorensen, Ph.D for office space in the Marathon Government Center Annex. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to obtain a Purchase Order for Lengemann of Florida for the purchase of Topcon Surveying Equipment. This equipment will enable our surveyor to conduct surveys in the field without assistance of other personnel. Board granted approval and authorized execution of a Standard Form of Agreement between Monroe County and General Asphalt Co., Inc. in the amount of $326,578. 70 for Key Largo Road XVII, subject to verification of bid with Contractor. Board granted approval of plaque design for the Joe London Fire Rescue Training Facility. Board granted approval and authorized execution of a Contract for Professional Services between Monroe County and Heery International, Inc. for the planning, design, contract documents, project administration and coordination for the Plantation Key Courthouse-Renovation! Addition. Board granted approval and authorized execution of Modification No.1 to Hazard Mitigation Grant Agreement No. 0IHM-4R-II-54-15-009 between Monroe County and the Department of Community Affairs for the Gato Building Retrofitting Project. Board granted approval to remove surplus equipment from inventory via disposal. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Purchase/Service Order No. 02/03-18 between Monroe County and URS to prepare Passenger Facility Charge Application #8, for the Key West International Airport. OS/21/03 2003/110 Board granted approval to appoint Joe Allen to the Key West International Airport Ad Hoc Committee on Noise as a representative from Old Town, replacing John Mertz. Board granted approval and authorized execution of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity to Ocean Reef Volunteer Fire Department, Inc., d/b/a Ocean Reef Public Safety Department for the operation of an ALS Transport Ambulance Service. 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. 158-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 159-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 160-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 161-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 162-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 163-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 164-2003 Said Resolution is incorporated herein by reference. OS/21/03 Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 165-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 166-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 167-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 168-2003 Said Resolution is incorporated by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 169-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 170-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 171-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 172-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 173-2003 Said Resolution is incorporated herein by reference. 2003/111 OS/21/03 2003/112 Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 174-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 175-2003 Said Resolution is incorporated here in by reference. Board granted approval to spend library impact fees to purchase shelving and furnishings for the Big Pine Key Branch Library Expansion. Board granted approval to change wording in Chapter 13, Surplus Items, item #3, page 21 of current Purchasing Policies to: Employees of Monroe County are expressly forbidden to bid on sales of surplus Monroe County property. No employee's relative, as defined by Florida Statute Section 112.312, shall be allowed to bid on surplus property over which the employee had custody or authority to initiate or authorize the decision to surplus. (BOCC 93/77,2-10-93) Board granted approval and authorized execution of a Federally Funded Subgrant Agreement No. 03-FT-IB-II-54-01 between Monroe County and the Department of Community Affairs in the amount of $25,000 for the purpose of developing a Continuity of Operations Plan (COOP) for Monroe County. Board granted approval to rescind approval of State-Funded Subgrant Agreement No. 03CG-I0-11-54-01-083 between Monroe County and the Department of Community Affairs, which was granted at the February 19, 2003 meeting, and granted approval of the same contract ab initio to the date of August 5, 2002, to correct for the existence of two documents containing the same matter but with differing dates and, therefore, mayoral signatures. Board granted approval and authorized execution of a Modification to Contract No. 03BG-04-11-54-01-044 between Monroe County and the Florida Department of Community Affairs, increasing the original grant amount by $29,756. Board granted approval and authorized execution of a Federally Funded Subgrant Agreement No. 03CT-95-11-54-01-372 between Monroe County and the Department of Community Affairs regarding FEMA Supplemental Sub-Grant in the amount of$8,000 for the recruitment and training of Community Emergency Reponse Teams (CERT). Board granted approval and authorized execution of Change Order No.1 to Contract between Monroe County and D. L. Porter Constructors, Inc. for the Sheriff's Hangar project at the Florida Keys Marathon Airport, in the amount of $48,491.89. OS/21/03 2003/113 Board granted approval and authorized execution of a Lease Extension Agreement between Monroe County and Keys Woodworker, Inc. for lease of premises located at the Florida Keys Marathon Airport for use as a public parking lot for an additional five year term, commencing June 11, 2003 and ending June 10, 2008. Board granted acceptance of a proposal dated May 6, 2003 from Government Services Group, Inc. (GSG), as a sole source, to provide specialized assistance to update the solid waste assessment roll for the unincorporated area, update and reconcile data for the City of Marathon and create a Fiscal Year 2003-04 combined assessment roll and certify it to the Monroe County Tax Collector by September 15,2003, for a total lump sum fee of$19,642. TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution transferring funds (to make budgeted transfers set up in the Monroe County Budget for fiscal year 2002-2003 and to create new items under said budget). RESOLUTION NO. 176-2003 Said Resolution is incorporated herein by reference. Board granted approval of the Monroe County Tourist Development Council Operations Manual Funding Policy addition. Said document entitled: TDC Funding Proposed Policy/Procedure. This document may be found in Section 2 of the Monroe County Tourist Development Council Operations Manual. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Robert S. & Joanna M. Berg, Permit No. 01-3-1757, for property described as Lot 49, Block 8 and a part of Tract A, Harbor Course South Section 4, Ocean Reef Plat 19, real estate number 00573720-004900. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Sheldon & Dorothy Jospey, Permit No. 02-3-1774, for property described as Lot 27 and part of Lot 26, Block 7, Harbor Course South Section 3, Monroe County PB 7 pg.53, real estate number 00573710-002700. Board granted approval for one Monroe County Planning Department Affordable Housing Deed Restriction for a dwelling unit from Robert D. & Lorna G. Williams, Permit No. 02-1-4158, for property described as Lot 1, Block 4, Ramrod Shores, Ramrod 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. OS/21/03 2003/114 Board granted approval for the transfer of two buildable lots from Warren Werling, Jr. to Monroe County by Warranty Deeds, Permit No. 01-1-4566, for properties described as Lot 6, Block 16, Palm Villa, Big Pine Key; and Lot 22, Block 19, Palm Villa, 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 Gary A & Sally R. Land to Monroe County by Warranty Deeds, Permit No. 01-1-3887, for properties described as Lots 5, 6 & 7, Block 37, Pine Crest, 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 Sergio & Pastora Sotolong for M & S Key Largo Construction to Monroe County by Warranty Deed, Permit No. 00-3-3114, for property described as Lot 5, Block 1, Knowlson Colony 1st Addition, Key Largo. 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 Luz M. & Raul Rodriguez to Monroe County by Warranty Deed, Permit No. 01-1-3792, for property described as Lot 9, Block 29, Sands, 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 Claudia Ferrara Gonzalez to Monroe County by Warranty Deed, Permit No. 01-1-2996, for property described as Lot 9, Block 5, Pine Grove Subdivision, 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 two buildable lots from Kenneth F. & Sandy A Kloza to Monroe County by Warranty Deed, Permit No. 02-1-1039, for properties described as Lot 13, Block 49, Sands Subdivision, Big Pine Key; and Lot 34, Block 8, Indian Mounds Estates, SugarloafKey. 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 Todd A & Suzanne P. Greager to Monroe County by Warranty Deed, Permit No. 02-1-2931, for property described as Lots 7 & 8, Block' A', Kinercha, 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 a Single Family Residence Restrictive Covenant from Gary C. Weiss & Sandra W. Libbey, Permit No. 03-1-0524, to have one single family residence and a guest house on Part Lot 7, Big Pine Key, real estate number 00109540.000000. OS/21/03 2003/115 Board granted approval of recommendations of the Selection Committee to select the firm ofBermello, Ajamil & Partners, Inc. (B&A) to prepare a Tavernier Creek Bridge to approximately Mile Marker 97/US-l Corridor area enhancement plan for Monroe County and direct staff to enter into Contract negotiations with this firm. Board granted approval and authorized execution of Amendment No.1 to DEP Agreement No. SP527 to revise the Scope of Work. Board adopted the following Resolution amending the Memorandum of Understanding between the County and the Florida Keys Aqueduct Authority (FKAA) regarding the provision of Wastewater Services in the Little Venice Area of Marathon. RESOLUTION NO. 156A-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution rescinding the Policy and Procedure for expenditure of Boating Improvement Funds in favor of the General Purchasing Policy adopted in Administrative Instruction 4801.5 and/or its predecessor. RESOLUTION NO. 178-2003 Said Resolution is incorporated herein by reference. Board granted approval to void the Contract between Monroe County and Florida Marine Research Institute, Fish and Wildlife Conservation Commission (approved 10/16/2002) and authorized instead a Purchase Order for the services in completing a Boater's Guide for the middle and lower Florida Keys. Board granted approval to advertise an Ordinance amending Article II, Section 5.5-17, Boats, Docks, and Waterways, eliminating the term and definition "navigable canal" and replacing it instead with the term and the definition "man made water body" as currently established in Article I of the Chapter, further amending the Chapter to modify certain articles and sections throughout the chapter to move all definitions to Article I of the chapter, providing for inclusion in the Code of Ordinances, providing for severability, providing for repeal of sections found inconsistent with this revision, and providing for an effective date. Board granted approval to advertise an Ordinance amending Buildings and Construction, Section 6-27(D)(2)(Fees), Monroe County Code; providing for full exemption from Monroe County Permitting Fees for affordable housing construction projects receiving County financial assistance; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for severability; and providing for an effective date. Board adopted the following Resolution establishing policies by the Board of County Commissioners of Monroe County For approving the exchange of privately-owned lands of OS/21/03 2003/116 conservation value for lands dedicated to the County for conservation purposes under the County's Rate of Growth Ordinance. RESOLUTION NO. 179-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Amendment 1 to Contract for Wastewater Service at North Key Largo, Florida between Monroe County and North Key Largo Utility to provide additional funding for sewer service. Board granted approval and authorized execution of Amendment No.2 to DEP Agreement No. LP0337 between Monroe County and Department of Environmental Protection which provides additional funding for the North Key Largo Utility sewer project. Board granted approval and authorized execution ofa Contract for Monitoring U.S.S. Spiegel Grove, Key Largo, Florida between Monroe County and Reef Environmental Education Foundation (REEF). Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the emergency repair of Channel Markers # 1 & #20, Kemp Channel. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Auto & Marine & Repair, Inc. for the emergency removal of DV3A3733 located off of Big Pine Key. 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 #9, Cow Key Channel. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the emergency installation of 15 regulatory buoys at the Whale Harbor Channel Sandbar. Board granted approval for the transfer of two buildable lots from Dean & Lauren L. Thompson to Monroe County by Warranty Deed, Permit No. 02-1-5309, for properties described as Lot 6, Block 5, Ramrod Shores, Ramrod Key; and Lot 7, Woodsvale, SugarloafKey. 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. MONROE COUNTY SHERIFF DEPARTMENT Board granted permission for the Monroe County Sherifr s Office to act as Jurisdiction designee for the Law Enforcement Bullet Proof Vest Grant. OS/21/03 2003/117 Board granted approval of disposition of inventory items for the month of May 2003, in the amount of $57,526.40. Said list is incorporated herein by reference. Board granted approval of the following Expenditures from the Law Enforcement Trust Fund: $5,000 This sum will be used by the Key West High School Booster Club to establish a Trust Fund to benefit the Band and Choir. COMMISSIONERS' ITEMS Board adopted the following Resolution supporting "no reduction in the current United States tariff on imported products". RESOLUTION NO. 180-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution declaring Monroe County's open and accepting use of the Spanish language. RESOLUTION NO. 181-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution recognizing the importance of the Latin-American Chamber of Commerce and of encouraging minority business. RESOLUTION NO. 182-2003 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner McCoy's appointment of Jim Malcolm to the Florida Keys Council for People with Disabilities as the District 3 appointment, filling the seat recently vacated by Charles Ingraham, term expires April 18, 2004. Board adopted the following Resolution in recognition of the late Doris Kemp. RESOLUTION NO. 183-2003 Said Resolution is incorporated herein by reference. Board confirmed adoption of Resolution No. 155-2003 requesting Monroe County be allowed to apply for and participate in the State Group Health Insurance Program beginning Fiscal Year 2003-2004, pursuant to Section 110.1228, Florida Statutes (approved 4/17/2003). Board adopted the following Resolution in recognition of the late Katherine "K" Luisa Wilkinson. RESOLUTION NO. 184-2003 OS/21/03 2003/118 Said Resolution is incorporated herein by reference. COUNTY CLERK Board approved the following Warrants (82122-83811 & 204913-205159): General Fund (001), in the amount of $2,358,720.17; Sup to General Revenue (002), in the amount of$45,324.50; Fine & Forfeiture Fund (101), in the amount of$2,650,572.55; Road and Bridge Fund (102), in the amount of$I,327,107.50; Law Library Fund (103), in the amount of$I,799.50; TDC District Two Penny (115), in the amount of$441,640.06; TDC Admin. & Promo 2 Cent (116), in the amount of$I,914,174.65; TDC District 1, 3 Cent (117), in the amount of$51,438.44; TDC District 2,3 Cent (118), in the amount of$1O,776.77; TDC District 3,3 Cent (119), in the amount of$12,228.32; TDC District 4, 3 Cent (120), in the amount of$3,605.93; TDC District 5, 3 Cent (121), in the amount of$72,517.00; Gov. Fund Type Grants (125), in the amount of$635,923.01; Impact Fees Libraries (132), in the amount of$3,466.83; Fire & Amb Dist 1 L&M Keys (141), in the amount of$161,332.77; Upper Keys Health Care (144), in the amount of$7,376.69; Fire & Amb Dist 6 Key Largo (146), in the amount of$54,641.01; Uninc Svc Dist Parks&Rec (147), in the amount of$80,557.01; Plan, Build, Zoning (148), in the amount of$89,835.42; Municipal Policing (149), in the amount of$488,600.16; 911 Enhancement Fee (150), in the amount of$19,259.03; Duck Key Security (152), in the amount of$10,567.40; Local Housing Assistance (153), in the amount of $13,991.28; Boating Improvement Fund (157), in the amount of$4,033.06; Misc. Special Revenue Fund (158), in the amount of$10,194.15; 1 Cent Infra Surtax (304), in the amount of $1,209,035.48; 2003 Revenue Bonds (306), in the amount of$2,000.00; Card Sound Bridge (401), in the amount of$63,317.20; Marathon Airport (403), in the amount of$713,687.67; Key West IntI. Airport (404), in the amount of $600,664.70; MSD Solid Waste (414), in the amount of$I,022,216.10; Worker's Compensation (501), in the amount of$lO, 186.96; Group Insurance Fund (502), in the amount of$11O,395.44; Risk Management Fund (503), in the amount of$41,983.11; Fleet Management Fund (504), in the amount of$I13,280.69. FINES & FORFEITURES Court Reporter Services, Amy Landry Reporting, in the amount of $923.00; Associated Court Reporters, in the amount of$I,421.25; Barbara 1. Grant, in the amount of$856.25; Catherine H. Webster AKA Cathy Webster, in the amount of$3,039.50; Court Reporters of Key West, in the amount of $400.00; Lisa Roeser, in the amount of $178.50; Monroe County Court Reporters, in the amount of$488.75; Martin Leshaw, in the amount of$340.00; North Country Court Reporting, in the amount of$457.70; Robin Vargas, Court Reporter, in the amount of $173.25; Sclafani Williams, Court Reporter, in the amount of$I,018.82; Suzanne Ex dba All Keys Reporting, in the amount of$I,514.25. Court Interpreter, Alex Diaz, in the amount of $455.00; Claudia M. Hancock, in the amount of$150.00; Deborah Jeanniton, in the amount of $45.00; Estrella Garcia, in the amount of$320.00; Marketa Trnka, in the amount of$25.00; Martha Hernandez, in the amount of$190.00; Mary Lou Waas, in the amount of$255.00; Sandra E. Lam, in the amount of$115.00; Sergio Alvarez, in the amount of$135.00. Witness Coordination, Witness Payroll, in the amount of$120.00; Witness Travel & Per Diem, in the OS/21/03 2003/119 amount of$14,899.91. Expert Witness, Center for Child & Family, in the amount of$125.00; Clinical & Forensic Institute, in the amount of$I,500.00; Gary W. Litman, in the amount of $1,897.50; International Assessment Service, in the amount of$8,524.50; JM Investigations Inc., in the amount of$96.00; John R. Feegel, in the amount of$I,OOO.OO; William Vicary Medical Company, in the amount of $2,250.00. Court Appointed Attorney Fees - Conflict, Christine Bollong, in the amount of$3,067.50; Joseph M. Albury, PA, in the amount of$645.00; Law Offices of Christopher Meyers, in the amount of$3,382.50; Law Offices of Manual Gracie, in the amount of$9,500.00; Merrell F Sands III, in the amount of$4,523.75; Universal Medical & Forensic, in the amount of$500.00; Victoria McFadden, in the amount of$375.00; William H. Webster, in the amount of$825.00. Other Services Circuit, State of Florida (Public Defender's Off)/Poccatek, in the amount of$102.90. Miscellaneous Expenses, Law Office of Christopher Meyer, in the amount of$107.43; State of Florida (State Attorney's Off), in the amount of $1,385.58. Monroe County SherifTTraining, Monroe County Sheriff Department, in the amount of$18,456.01. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of April 2003: Advertising, in the amount of$I,492,316.63; Bricks & Mortar Projects, in the amount of $5,529.75; Visitor Information Services, in the amount of $48,999.98; Events, in the amount of $40,249.50; Office Supplies & Oper Costs, in the amount of$41,887.26; Personal Services, in the amount of$III,038.50; Public Relations, in the amount of$119,527.35; Sales & Marketing, in the amount of$47,381.76; Telephone & Utilities, in the amount of$14,643.62; Travel, in the amount of$18,051.76. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of March 19, 2003 (previously distributed). COUNTY ADMINISTRATOR Board granted approval of the appointment of Bruce McClenithan to the Contractor's Examining Board to fill a position left vacant by the resignation of Monica Haskell. Board confirmed the appointment of Fire Chief Clark Martin to be Monroe County Fire Marshal. Board adopted the following Resolution postponing the levy of ad valorem assessments for the Big Coppitt Municipal Service Taxing Unit until feasibility study results in determination that Florida Keys Aqueduct Authority shall be the wastewater/sewerage provider for the District. RESOLUTION NO. 156B-2003 Said Resolution is incorporated herein by reference. OS/21/03 2003/120 COUNTY ATTORNEY Board granted approval of the request for authority to institute legal action, at a time to be determined by the County Attorney, relative to the manufacture and installation of the windows at the Gato Building which do not meet the wind load and water proofing standards of the specifications. Board adopted the following Resolution authorizing the temporary closing of the northbound lanes of US 1 from MM98.2 to MMI00 from 10 a.m. to 11:30 a.ffi. on the 4th of July, 2003. RESOLUTION NO. 185-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 001-2001 in order to provide that the members of the Monroe County Industrial Authority (IDA) are members of the Monroe County Board of County Commissioners with the IDA membership term concurrent with the Commissioners term. RESOLUTION NO. 186-2003 Said Resolution is incorporated herein by reference. Board granted approval of County Attorney's Office Legal Internship Program. Board granted approval to advertise an Ordinance revising Sec. 6-56, definition of Aluminum Specialty Contractor to include vinyl and plastic products and requiring licenser for the installation of canopy frames; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance amending Sec. 6-90, Monroe County Code, powers and duties, to provide for the imposition of enhanced fines for aiding and abetting unlicensed activities, amending the assessment of administrative fees and renumbering of Subsections; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board granted approval to advertise an Ordinance of the Board of County Commissioners of Monroe County, Florida, amending Sec. 6-59(111) and 6-62, Monroe County Code, regarding the testing Agency, deleting Block & Associates and adding such examiner as designated by the Contractors Examining Board; 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. OS/21/03 2003/121 Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of La Paloma Road, Winston Waterways Subdivision, Key Largo, Monroe County, Florida. RESOLUTION NO. 187-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Amended Settlement Agreement as to Conch Contrada, L.c., portion of Richard Osborne & Conch Contrada LC v. Monroe County & Joe Paskalik, Case No. CA-K-OI-108. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS James Roberts, County Administrator discussed approval of a Renewal Agreement between Monroe County and the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter in the amount of$333, 102.00 per year (3% CPI increase of$9,702.00 over the current year's Contract of $323,400.00), and adoption ofa Resolution concerning the Transfer of Funds. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to table the item to the June 2003 meeting of the Board in Marathon. Motion carried unanimously. Commissioner Nelson and Dent Pierce, Director of Public Works discussed approval of a Renewal Agreement between Monroe County and Synagro of Florida - Anti-Pollution, Inc., for the operation and maintenance of the wastewater treatment plant located at the Old Mariners Hospital in Tavernier. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval and authorizing execution of same. Motion carried unanimously. Commissioner Neugent and Dave Koppel, County Engineer discussed approval to award and execute Contract for Professional Services between Monroe County and Heery International, Inc. for the planning, design, contract documents, project administration and coordination for the Marathon Courthouse Renovation Project. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of same. Motion carried unanimously. Commissioner Nelson and Mr. Koppel discussed approval to award and execute a Standard Form of Agreement between Monroe County and Electrical Contracting Service, Inc. for removal of existing lighting units and installation of new high intensity lights at Harry Harris Park. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neguent granting approval and authorizing execution of same. Motion carried unanimously. OS/21/03 2003/122 Mr. Roberts and Peter Horton, Key West Airport Director discussed approval of a Purchase/Service Order No. 02/03-17 between Monroe County and URS to provide final design, permitting, and bidding process for the Hangar Development Project at the Key West International Airport. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of same. Motion carried unanimously. Commissioner McCoy excused himself from the meeting for the remainder of the day. DIVISION OF GROWTH MANAGEMENT / COMMISSIONERS' ITEMS Mark Rosch, Executive Director of the Land Authority discussed with the Board a Florida Communities Trust (FCT) grant program and possible action to approve submittal of a grant application(s) to FCT to help underwrite the purchase of conservation lands within Tier 1 areas. Commissioner Nelson discussed approval of a future meeting with Colleen Castille, DCA, State Representative Ken Sorensen, and Land Authority Director Mark Rosch on issues relating to the Florida Communities Trust Fund. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent authorizing Commissioner Nelson to travel to Tallahassee on May 28, 2003 to meet with the above individuals. Motion carried unanimously, with Commissioner McCoy not present. MISCELLANEOUS BULK APPROVALS Commissioner Rice abstained from voting on the following two (2) items: Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval and authorizing execution of the following: Federal Fiscal Year 2003 (State Fiscal Year 2004) Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant between Monroe County and the Florida Department of Law Enforcement. Resolution authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the Fiscal Year 2004 Edward Byrne Memorial State and Local Law Enforcement Assistance Grant Program (granting approval of the recommendations of the Substance Abuse Policy Advisory Board concerning the uses of Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant funds and authorization for the County Administrator to execute the FY 2004 FDLE Byrne Grant Applications). RESOLUTION NO. 188-2003 Said Resolution is incorporated herein by reference. Motion carried unanimously, with Commissioner McCoy not present and Commissioner Rice abstaining. OS/21/03 2003/123 TOURIST DEVELOPMENT COUNCIL Mr. Roberts announced one vacant position on the Tourist Development Council District III Advisory Committee for an "At Large" appointment. Mr. Roberts announced one vacant position on the Tourist Development Council District V Advisory Committee for an "At Large" appointment. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to appoint Mr. David Cohn to the "At Large" appointment to the Tourist Development Council District IV Advisory Committee. Motion carried unanimously, with Commissioner McCoy not present. DIVISION OF PUBLIC WORKS Mr. Koppel updated the Board on the status of Old Settler's Park in Tavernier. Susan Spruntz addressed the Board. DIVISION OF PUBLIC SAFETY Reggie Paros, Public Safety Director reported to the Board the solid waste assessment collection process as the City of Marathon will be returning to the Monroe County Solid Waste District, effective October 1, 2003. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Mr. Roberts and Mayor Spehar discussed the approval of an Agreement between Monroe County and Tamarac Park Homeowners Association for management of the Geiger Key Boat Ramp. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to table the item to the June 2003 meeting of the Board in Marathon. Motion carried unanimously, with Commissioner McCoy not present. DIVISION OF GROWTH MANAGEMENT Timothy McGarry, Director of Growth Management reported to the Board concerning the status of the Affordable Housing Ordinance; the Internet permitting site: "One-Stop-Shop" Building & Code Enforcement Services; and changes to the appeals process to appear before a Special Master concerning permits. Commissioner Neugent discussed the Planning Commission decision concerning a Development Agreement with Walgreens. Mr. McGarry and Mr. Collins addressed the Board. Joel Rosenblatt, P.E., made a presentation to the Board concerning Hurricane Shelter Development (HSD). Mr. Paros and Mr. Roberts addressed the Board. OS/21/03 2003/124 FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for District # 1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner George Neugent, Commissioner David P. Rice, City of Layton Commissioner Kevin Madok and Vice-Chairperson Mayor Dixie Spehar. Absent was Commissioner Charles "Sonny" McCoy. Motion was made by Commissioner Neugent and seconded by Mayor Spehar granting approval and authorizing execution of a Business Associate Addendum between Monroe County, Advance Data Processing, Inc. (ADPI) and Second Review, Inc. to ensure that ADPI is carrying out its obligation under the Health Insurance Portability and Accountability Act (HIP AA) which protects the privacy of protected health insurance information of patients that are being bill by ADPI for Monroe County. Motion carried unanimously, with Commissioner McCoy not present. There being no further business, the meeting of the Board of Governors was adjourned. * * * * * * SOUNDING BOARD Paula Ciavolino, Executive Director of Just 4 Kids discussed with the Board a package detailing pertinent information regarding Just 4 Kids and the valuable services it makes available to Monroe County children of hardship situations. No official action was taken by the Board. DIVISION OF GROWTH MANAGEMENT Mr. Collins referred the Board to the written Growth Management Litigation Report, dated May 16, 2003, prepared by Karen Cabanas, Esq. of the Law Offices of Morgan & Hendrick. COMMISSIONERS' ITEMS Commissioner Rice discussed his item with the Board concerning conceptual approval of a proposal between Monroe County and the City of Marathon to jointly construct a new fire facility at the Marathon Airport to provide emergency fire and rescue services to the Airport and the surrounding community. After discussion, the Board authorized Commissioner Rice to obtain further information and bring back to the Board for consideration. Commissioner Rice discussed his item with the Board concerning conceptual approval of a proposal to establish a U.S. Customs Services facility at the Marathon Airport to allow for local customs services for inbound flights to the U.S. by providing expanded services to private and corporate-owned aircraft including Customs and other international support, the utility of all airport infrastructure would improve dramatically. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval for OS/21/03 2003/125 Commissioner Rice to explore the proposal and bring back to the Board a preliminary business plan. Motion carried unanimously, with Commissioner McCoy not present. DIVISION OF GROWTH MANAGEMENT Mr. McGarry addressed the Board and introduced Mr. Herb Marlow, Executive Director of Analytica who made a presentation to the Board concerning the document entitled Post Disaster Redevelopment Plan, Monroe County, developed by Analytica, dated May 4, 2003. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson granting conceptual approval of the item. Motion carried unanimously, with Commissioner McCoy not present. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item with the Board concerning timelines for the purchase of the Quay property for the site of a Key Largo Community Center. Commissioner Nelson discussed his item with the Board concerning the division of wastewater funds to unincorporated Monroe County of state and federal funds under the Agreement reached by the Intergovernmental Task Force and the signers of the Tallahassee Agreement signed on April 25, 2001. Mr. Roberts addressed the Board. COUNTY ADMINISTRATOR The Board discussed a request by various municipalities that the County consider new sharing arrangements for gas taxes. The following individuals addressed the Board: Ron Levy, Scott Janke, Manager with the City of Marathon; Councilman Pete Worthington, with the City of Marathon; Councilman George Geisler, with the Village of Islamorada; Councilman Mark Gregg, with the Village of Islamorada; Mayor Chris Sante, with the Village of Islamorada; Mr. Roberts, and Mr. Koppel. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to table to the June 2003 meeting of the Board in Marathon. Motion carried unanimously, with Commissioner McCoy not present. Charles Baldwin, Manager with the Village of Islamorada addressed the Board. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance creating Secs. 15.5-33 through 15.5-38, Monroe County Code, in order to provide for a uniform wastewater connection policy for unincorporated areas within Monroe County, by supplementing Secs. 15.5-20 through 15.32, Monroe County Code, concerning required connection to available sewerage systems as defined therein, providing for inclusion in the Code of Ordinances, providing for severability, providing for repeal of Sections found inconsistent with this revision, and providing for an effective. The Board accepted public input with the following individual addressing the Board: Kim Wigington. George Garrett, Marine Resources Director addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson to OS/21/03 2003/126 continue the item to the June 2003 meeting of the Board in Marathon at 3:00 PM. Motion carried unanimously, with Commissioner McCoy not present. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item with the Board concerning action on multi-loads of mulch being dumped on residential lots thereby creating potential environmental _ but, certainly visual detraction. No official action was taken by the Board. COUNTY ADMINISTRATOR Mr. Roberts discussed a request from Dr. Jake Rutherford of the Monroe County Health Department concerning a total match in the amount of $25,000 to expand access to primary care in the form of a Letter of Agreement between Monroe County and the State of Florida, through its Agency for Health Care Administration. Mr. Collins addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson authorizing the County Administrator to process the amount of$25,000 in two (2) equal payments of$12,500 as follows: a) The first payment in the amount of$12,500 is due no later than May 30,2003. b) The remaining payment of$12,500 is due no later than June 30,2003, to be delivered to Dr. Jake Rutherford and provided that, at the time of the delivery, we have received a signed agreement from that agency acceptable to the County Administrator and County Attorney. Furthermore, at the June 2003, meeting of the Board, the annual Core Contract should be amended and the Letter of Agreement ratified. Motion carried unanimously with Commissioner McCoy not present. WASTEWATER ISSUES James Reynolds, Deputy Executive Director of the Florida Keys Aqueduct Authority; Ray Shimokudo, Department Director - Environmental Services; Kerry Shelby, Assistant Department Director - Administration made a comprehensive presentation to the Board on wastewater management projects and issues. Katrina Wiatt addressed the Board. Commissioner Nelson excused himself from the meeting for the remainder of the day. Miles Anderson, a representative ofDCA/FEMA; Marine Resources Director George Garrett, and Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent authorizing Staff to notify EPA that Monroe County will not pursue a portion of the wastewater grant and that the County Administrator reserve the $1.3 million match, at the appropriate time, for use at the Conch Key and Bay Point projects, if needed. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending the Monroe County Land Development Regulations by amending Section 9.5-(A-5), (M-6.2) and (M-I0), OS/21/03 2003/127 Section 9.5-122(c) and Section 9.5-266(a), (b), (c), (d), (e), (t), (g) and (h). (Revisions to Affordable Housing Regulations). There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to continue the Public Hearing to the June 18,2003, meeting of the Board at 5:00 P.M., in Marathon. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. 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 9.5-252(C)(3)h. (AICUZ) and creating Section 9.5-258; providing for 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 Rice to continue the Public Hearing to the July 16, 2003, meeting of the Board at 5:00 P.M., in Key West. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. A Public Hearing was held concerning adoption of an Ordinance transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department to amend Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan concerning shoreline setbacks. Planning Director, Marlene Conaway addressed the Board: The Board accepted public input with the following individuals addressed the Board: Richard Lancaster, representing Hammer Point Owner's Association; and Burke Cannon, representing Key Largo Federation of Homeowners. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution, and acceptance of the memorandum from K. Marlene Conaway, amending Section 9.5-349(b)(2). Said document is incorporated herein by reference. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. RESOLUTION NO. 189-2003 Said Resolution is incorporated herein by reference. W ASTEW A TER ISSUES Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution rescinding Resolution No. 200-2001 and agreeing in principle to transfer a portion of Monroe County's site at Long Key to the City of Layton for use as a central wastewater treatment facility for the City of Layton and any surrounding area of unincorporated Monroe County and directing Monroe County staff to work with the City, Waste Management, Inc., and the state regulatory agencies, to identify an appropriate portion of the site suitable for a wastewater treatment facility. Motion carried unanimously, with Commissioner McCoy and Commissioner Nelson not present. RESOLUTION NO. 190-2003 Said Resolution is incorporated herein by reference. There being no further business to come before the Board, the meeting was adjourned. OS/21/03 2003/128 Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~~C.4Jj~ Isabel C. DeSantis, Deputy Clerk