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06/18/2003 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2003/129 Regular Meeting Board of County Commissioners Wednesday, June 18, 2003 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., on the above date at the Marathon 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; Rob Wolfe, Assistant 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 Month award for the month of March 2003, to Jack Julien, Superintendent of Solid Waste, Solid Waste Administration, Public Safety Division. Presentation of an Appreciation Award to Larry Kelley and David Campbell of the Monroe County Sheriff's Department, by the Monroe County Board of County Commissioners and The Florida Keys Council for People with Disabilities. Mayor's Proclamation proclaiming June 15th through June 22nd, 2003 as Florida Federation of Business & Professional Women's Clubs Week. Mayor's Proclamation proclaiming June 26th through June 28th, 2003 as the Fourth Annual African-American Heritage Festival. BULK APPROVALS Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the following items: 06/18/2003 [~EVISION 2003/130 Board granted approval to remove surplus equipment from inventory via disposal, salvage and donate. Said list is incorporated herein by reference. Board granted approval and authorized execution of Grant Agreement No. 3-12-0037-020-2003 between Monroe County and the U.S. Department of Transportation Federal Aviation Administration to fund: Runway Rehabilitation, Disadvantaged Business Enterprise Plan, Noise Plan Study Update, Video Operations Equipment, and Runway Safety Area Environmental Impact Statement Study, at the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 02/03-19 between Monroe County and URS for construction phase services for the Runway Overlay and Drainage construction at the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 02/03-11 between Monroe County and URS to provide Noise Contour Update 2002, for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 02/03-16 between Monroe County and URS for additional out of scope A & E design services for the Noise Insulation Program Phase I, for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 02/03-20 for the Noise Insulation Program Phase 2, Extended Construction Schedule, for the Key West International Airport. Board granted approval to award bid to Community Asphalt Corporation for Resurfacing * Runway 9-27 and Drainage project at the Key West International Airport. Board granted approval and authorized execution of an Addendum to Agreement, for Emergency Generator Inspections and Electrical Repairs, between Monroe County and Condo Electric Motor Repair for one (1) additional year. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Trooper Diego A Rios, on a month-to-month basis, and granted approval for the Sheriff to appoint a new Law Enforcement Officer upon termination of the Lease. Board granted approval to award bid and authorized execution of a Contract Agreement between Monroe County and Siemens Building Technologies, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building fire alarm system and building automation system; the Juvenile Justice Center fire alarm system and building automation system; and the Courthouse Annex fire alarm system. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Azurix North America, American Water Services for the operation and 06/18/2003 2003/131 Board granted approval to award bid and authorized execution of a Contract between Monroe County and Azurix North America, American Water Services for the operation and maintenance of the wastewater treatment plant located at the Plantation Key Government Complex. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to waive purchasing policies and procedures and issue a Purchase Order in the amount of$30,000 to perform environmental services associated with the closure of the wastewater treatment plant at the Monroe County Detention Center on Stock Island. Board granted approval to waive purchasing policy and authorized execution of a one year extension for a Special Service Arrangement with BeIISouth for Megalink Service, Megalink point to point service. Board granted approval to waive purchasing policy and authorized execution of a one year extension for a Special Service Arrangement with BellSouth for Frame Relay Service. Board granted approval to waive purchasing policy and approval of a one year extension for a Special Service Arrangement with BeIISouth Communications Systems for a dedicated technician. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and Amending: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 191-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 192-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 193-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 194-2003 Said Resolution is incorporated herein by reference. 06/18/2003 Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 195-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 196-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 197-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 198-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 199-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 200-2003 Said Resolution is incorporated by reference. Amending Resolution No. 494-2002 (OMB Schedule Item No. 11). RESOLUTION NO. 201-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 202-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 203-2003 Said Resolution is incorporated herein by reference. 2003/132 06/18/2003 2003/133 Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 204-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 205-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 206-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 207-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 144-2002 (OMB Schedule Item No. 18). RESOLUTION NO. 208-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 209-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 210-2003 Said Resolution is incorporated herein by reference. Board granted approval to accept renewal proposal from Arthur 1. Gallagher for Airport Liability Insurance for Key West and Marathon Airports, and authorized the Mayor to execute the Client Authorization to Bind Coverage form. Board granted approval and authorized execution of an Amendment to Client Agreement for Network Access Regarding Privacy and Security of Protected Health Information between Monroe County and Multiplan, Inc., our nationwide network. Agreement covers security of Protected Health Information (PHI) as required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule effective April 13,2003. 06/18/2003 2003/134 Board granted approval to issue a Purchase Order to Wheeled Coach Industries, Inc. in the amount of$91,673.30 for the purchase of one 2003 Ford XL E-450 Type III Ambulance by piggy-backing the Florida Sheriff's Association and Florida Association of Counties vehicle/equipment bid Contract (02-10-0826) Specification #32. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the District Board of Trustees of Florida Keys Community College concerning EMS training to June 30,2004. Board granted approval to issue a Purchase Order to Insight Corporation in the amount of $50,784.00 for the purchase often (10) HH3 Color Pen Base Unit Computers and necessary accessories through State Contract No. 250-000-03-1 effective 08/01/02 through 07/31/05. Board granted approval to award bid and issue a Purchase Order to Pinpoint Technologies, Inc. in the amount of$45,860.00 for the purchase of EMS Pro software package including network and mobile licensing, training, installation and tech support for pre-hospital collection of data to be used for patient care reporting, state reporting and electronic billing. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the South Florida Employment and Training Consortium for reimbursement for Jim Malloch, Liaison, to travel to Miami for meetings. Board granted approval and authorized execution of an Amendment to Contract #WWW-py' -0 1-0 1-03 between Monroe County and the South Florida Employment and Training Consortium revising the financial closeout procedures of the program Workforce/Welfare Transition/W elf are to Work. Board granted approval and authorized execution of the Renewal of Home Care for the Elderly (HCE) Contract KH372 between the Alliance for Aging, Inc., and Monroe County Social Services/In-Home Services Program for fiscal year July 1,2003 through June 30, 2004. Board granted approval and authorized execution of the Renewal of Alzheimer's Disease Initiative (AD I) Contract KZ397 between the Alliance for Aging, Inc. and Monroe County Social Services/In-Home Services Program for fiscal year July 1,2003 through June 30, 2004. Board granted approval and authorized execution of the Renewal of Community Care for the Elderly (CCE) Contract KC371 between the Alliance for Aging, Inc. and Monroe County Social Services/In-Home Services Program for fiscal year July 1, 2003 through June 30,2004. Board granted approval and authorized execution of the Renewal of Community Care for Disabled Adults (CCDA) Contract KG047 between the State of Florida, Department of Children & Families and Monroe County Social Services/In-Home Services Program for fiscal year July 1, 2003 through June 30,2004. 06/18/2003 2003/135 TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Artificial Reefs of the Keys for the Vandenburg Project to extend Agreement to March 15, 2004, and allow for additional insurance coverage requirements. Board granted approval and authorized execution of a Grant of Funds between Monroe County and Key West Botanical Garden Society covering the ADA Compliant Walkway project in an amount not to exceed $103,000, DAC I, FY 2003 Capital Project Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County, Charlotte Ambrogio and Patrick L. Dorsy assigning rights of agreement, with Charlotte Ambrogio for the Islamorada Fall Fly Bonefish Tournament on September 16-19, 2003, over to Patrick L. Dorsy on behalf of the Islamorada Invitational Fall Fly Bonefish Tournament. DIVISION OF PUBLIC WORKS Board granted approval to amend the 7-Year Roadway Plan to include the paving of No Name Drive, No Name Key in next year's schedule. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Thomas E. and Shawn M. Dudley, Permit No. 01-3-2442, for property described as Lots 13-16, Block 7 Anglers Park, Monroe County. Real estate numbers 00552150-000000,00552160-000000,00552170-000000&00552180-000000. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Excalibur 2000, Inc., Mita M. Burke (President), Permit No. 01-3-2583, for property described as Lot 20, Block 8 Harbor Course South Section 4, Monroe County. Real estate number 00573720-002000. Board granted approval and authorized execution of Amendment NO.2 to Supplemental Joint Participation Agreement AI893 between Monroe County and the Department of Transportation to provide funding for Transportation Planning Assistance, the Florida Keys Scenic Highway Program and Livable CommuniKeys Planning. Board adopted the following Resolution repealing Resolution No. 364-1992 and all amendments, and any other previous fee schedules inconsistent herewith, and amending the Planning Department Fee Schedule to more effectively represent the current costs required to adequately offset the true costs of providing such service to the parties receiving the benefits of development approval, and thus, further reducing the burden currently being borne by the taxpayers at large. 06/18/2003 2003/136 RESOLUTION NO. 211-2003 Said Resolution is incorporated herein by reference. Board granted approval for the Growth Management Division to solicit a Request for Proposals to hire a consultant firm to prepare a Harbor Reservation/Redeve1opment Area and a Corridor Enhancement Plan for Stock Island. Board granted approval of a Blanket Purchase Order by Monroe County from the firm of HDR Engineering, Inc., to provide technical and management assistance under State Contract No. 973 -00 1-00-1. Board adopted the following Resolution supporting an application to the Florida Department of Community Affairs for a Small Cities Community Development Block Grant (CDBG) to include a project involving Knuckleheads Restaurant, Bay Point. RESOLUTION NO. 212-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for emergency removal of a 28" X 70' tree off of Key Largo. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal ofDV3A3740 located off of Ohio Key. 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 DV3A3762 located off of Marathon. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the replacement/upgrading of the regulatory marker system at Key Colony Beach. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution adopting the DCA executed Community Development Block Grant, Contract Agreement for the 2002 cycle. RESOLUTION NO. 213-2003 Said Resolution is incorporated herein by reference. 06/18/2003 2003/137 COMMISSIONERS' ITEMS Board granted approval of Commissioner Nelson's appointment of Marlen Weeks to the Florida Keys Council for People with Disabilities, replacing Andrew Tobin. Board adopted the following Resolution recognizing the need for the United States Postal Service to establish a stable service and a stable staffing level in Key West and the Keys. RESOLUTION NO. 214-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Eugene Richard Lytton, Sr. RESOLUTION NO. 215-2003 Said Resolution is incorporated herein by reference. COUNTY CLERK Board approved the following Warrants (83813-85312 & 205160-205316 & 1105-1564): General Fund (001), in the amount of$1,207,195.74; Sup to General Revenue (002), in the amount of$28,572.20; Fine & Forfeiture Fund (101), in the amount of$2,614,212.66; Road and Bridge Fund (102), in the amount of$368,483.08; Law Library Fund (103), in the amount of $5,761.90; TDC District Two Penny (115), in the amount of$147,030.43; TDC Admin. & Promo 2 Cent (116), in the amount of$126,020.14; TDC District 1,3 Cent (117), in the amount of $36,471.23; TDC District 2, 3 Cent (118), in the amount of$3,018.96; TDC District 3, 3 Cent (119), in the amount of ($15.97); TDC District 4, 3 Cent (120), in the amount of$31,953.03; TDC District 5, 3 Cent (121), in the amount of$1,568.37; Gov. Fund Type Grants (125), in the amount of$1,210,375.42; Fire & Amb Dist 1 L&M Keys (141), in the amount of$138,699.28; Upper Keys Health Care (144), in the amount of$4,363.09; Fire & Amb Dist 6 Key Largo (146), in the amount of$26,026.37; Uninc Svc Dist Parks&Rec (147), in the amount of $27,369.47; Plan, Build, Zoning (148), in the amount of$120,422.58; Municipal Policing (149), in the amount of $394,433.49; 911 Enhancement Fee (150), in the amount of$102,637.20; Duck Key Security (152), in the amount of $221.22; Local Housing Assistance (153), in the amount of $26, 183.09; Boating Improvement Fund (157), in the amount of$885.96; Misc. Special Revenue Fund (158), in the amount of$13,400.00; Law Enforcement Trust (162), in the amount of$65,215.34; 93' Refunding Imp. Bonds (203), in the amount of$60.00; 2003 Revenue Bonds (207), in the amount of$85,132.41; 1 Cent Infra Surtax (304), in the amount of$167,064.44; 2003 Revenue Bonds (307), in the amount of $815.02; Card Sound Bridge (401), in the amount of$44,821.86; Marathon Airport (403), in the amount of$120,086.56; Key West IntI. Airport (404), in the amount of$131,235.71; MSD Solid Waste (414), in the amount of$1,068,776.32; MSD Debt Service (415), in the amount of $60.00; Worker's Compensation (501), in the amount of$15,992.93; Group Insurance Fund 06/18/2003 2003/13 8 (502), in the amount of $289,458.11; Risk Management Fund (503), in the amount of $686,010.81; Fleet Management Fund (504), in the amount of$85,600.77. FINES & FORFEITURES Court Reporter Services, Amy Landry Reporting, in the amount of$50.00; Associated Court Reporters, in the amount of$3,045.00; Barbara 1. Grant, in the amount of$1,268.19; Catherine H. Webster AKA Cathy Webster, in the amount of$848.25; Cheryl McDonough, in the amount of$340.75; Court Reporters of Key West, in the amount of$412.50; Fred W. Jeske, in the amount of$55.00; Laws Reporting Inc., in the amount of $4,221.60; Martin Leshaw, in the amount of $200.00; Monroe County Court Reporting, in the amount of$1,677.00; Robin Vargas, Court Reporting, in the amount of$260.75; Suzanne Ex dba All Keys Reporting, in the amount of $1,136.75. Competency Evaluation, A Louis Oconnor PHD, in the amount of$4,500.00; Care Center for Mental Health, in the amount of $2, 100.00; James W. Holbrook EDD, in the amount of$3,150.00; Josefina Perez-Castro, in the amount of$250.00; Mary Jo Thomas MD PA, in the amount of$l,OOO.OO; Pamela A. Strother LCSW, in the amount of $700.00; The Counseling Associates, in the amount of$2,750.00. Court Interpreter, Alex Diaz, in the amount of$345.00; Claudia M. Hancock, in the amount of$230.00; Deborah Jeanniton, in the amount of$25.00; Estrella Garcia, in the amount of$287.50; Marisol Garcia, in the amount of$185.00; Martha Hernandez, in the amount of$95.00; Mary Lou Waas, in the amount of$275.00; Sandra E. Lam, in the amount of$220.00; Sergio Alvarez, in the amount of$90.00. Witness Coordination, Witness Payroll, in the amount of$230.00; Witness Travel & Per Diem, in the amount of $12,410.74. Expert Witness, Alliance for Psychological Services, in the amount of$393.75; Community Behavioral Services, in the amount of$450.00; Jan Ansley, in the amount of $11,800.00; John R. Feegel, in the amount of$2,008.50; John Welch, in the amount of$42.00; La Pensione Inn, in the amount of$138.00; Michael S. Maher MD, in the amount of$500.00; State of Florida (Public DefOft), in the amount of$1,209.50; W J Heffernan PA, in the amount of$450.00; William Vicary Medical Co., in the amount of$3,075.00. Court Appointed Attorney Fees - Conflict, Carl Palomino Esq, in the amount of$1,803.75; Feldman Koenig & Highsmith, in the amount of$342.00; Halford G. Schuhmacher PA, in the amount of$1,553.25; John P. Rotolo PA, Inc., in the amount of$1,582.50; Law Offices of Christopher Meyer, in the amount of$592.50; Law Offices of Manuel Garcia, in the amount of$1,035.00; Law Offices of Samuel Kaufinan, in the amount of$350.00; Roberta Fine PA, in the amount of$1,995.00; The Margalli Law Office, in the amount of$956.25; W J Heffernan, Jr., in the amount of$1,400.00; Wayne Dapser, in the amount of$469.00. Other Services Circuit, Catherine Vogel, in the amount of $96.90; Esquire Deposition Services, in the amount of$216.00; State of Florida (Public Defender's Oft), in the amount of$743.00. Miscellaneous Expenses, Martinez Medical Lab, in the amount of$180.00; Quality Copy Acquisition, in the amount of$38.19; State of Florida (State Attorney's Oft), in the amount of $19.90. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of May 2003: Advertising, in the amount of$3,441.75; Bricks & Mortar Projects, in the amount of$3,286.92; Visitor Information Services, in the amount of $44,499.98; Events, in 06/18/2003 2003/139 the amount of$59,188.43; Office Supplies & Oper Costs, in the amount of$83,370.37; Personal Services, in the amount of$52,005.30; Public Relations, in the amount of$5,793.94; Sales & Marketing, in the amount of$64,475.31; Telephone & Utilities, in the amount of $17,805.48; Travel, in the amount of$12, 178.71. Board granted official approval of the Board of County Commissioners minutes from the Regular Meetings of April 16 & 17, 2003 (previously distributed). COUNTY ADMINISTRATOR Board adopted the following Resolution authorizing the County Administrator to approve and sign temporary State Road closure permit requests for special events and to carry out the aims of this Resolution. RESOLUTION NO. 216-2003 Said Resolution is incorporated herein by reference. Board granted approval of ratification of action taken by the County Administrator between the May and June 2003 County Commission meetings in reference to supporting the Monroe County Health Department in obtaining funding for a Disease Management Wellness Project. Board granted approval to recreate the position of Director of Airports to oversee the operations at Key West International Airport and Florida Keys Marathon Airport. Board granted approval of an Amnesty Program for self-administered local option tax (TDC) due prior to July 1, 2003. COUNTY ATTORNEY Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the School Board of Monroe County concerning traffic (driver) education programs funded with the additional $3 collected from civil traffic penalties. Board adopted the following Resolution rescinding an Interlocal Agreement dated October 16, 2002 with the City of Marathon, for the repair of the Boot Key Harbor Bridge. RESOLUTION NO. 217-2003 Said Resolution is incorporated herein by reference. Board granted approval of the request to institute foreclosure and collection proceedings and for authority to settle 16 code enforcement lien cases, and to engage outside counsel, if necessary. 06/18/2003 2003/140 Board granted approval and authorized execution of a proposed Settlement Agreement, in Case No. CAK-98-238, Monroe County v. Alfred Gustinger, Jr. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Reggie Paros, Public Safety Director addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution authorizing the submission of the Consolidated Solid Waste Management Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2004 and authorizing the Mayor to execute same. Motion carried unanimously. RESOLUTION NO. 218-2003 Said Resolution is incorporated herein by reference. Stephanie Coffer, Director of Planning and Construction addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson granting approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and Weathertrol Maintenance Corp. for the installation of Phase II of the Chilled Water System at the Jackson Square complex. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to appoint Joshua Mothner as the "At Large" appointment to the Tourist Development Council District III Advisory Committee. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to appoint Micki McIntyre as the" At Large" appointment to the Tourist Development Council District V Advisory Committee. Motion carried unanimously. DIVISION OF PUBLIC WORKS Dave Koppel, County Engineer reported to the Board a request from the City of Key West to obtain the parking area property which surrounds Palm Avenue at Garrison Bight Marina owned by the State of Florida. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent that Monroe County support writing a letter of no objection to the State of Florida, conditioned upon the acceptance of Palm Avenue by the City of Key West. Motion carried unanimously. Mr. Koppel also discussed a Functional Classification Study being conducted by the Department of Transportation of all county roads in reference to Whitehead Street, Truman Avenue, and part of Flagler Avenue (from White to Bertha). 06/18/2003 2003/141 Mr. Pierce informed the Board that the removal of La Paloma Bridge in Key Largo had been completed and that the fill is being hauled down to Mariner's Park in Big Pine Key. DIVISION OF MANAGEMENT SERVICES Sheila Barker, Director of Management Services discussed with the Board statistics concerning the turn over rate of Monroe County employees. AIRPORTS Peter Horton, Key West International Airport Manager reported to the Board passenger statistics concerning post 9/11 and indicated that there has been a 10% increase the first five months of this year; details of an Airport Air Service Development Grant Program that he and Reggie Paros, the County's Public Safety Director were working on together concerning the Florida Keys Marathon Airport; and information on a proposed City of Key West ordinance concerning stormwater monthly charges at the Key West International Airport. Reggie Paros, Public Safety Director/Florida Keys Marathon Airport Manager reported to the Board concerning the following general aviation and construction projects: the continuation of air service by Florida Coastal Air; construction of t-hangars and relocation of shade hangars; sheriff's hangar project; service road/landscaping project; ongoing runway taxiway markings; status of the proposed new Marathon Fire Department to be located at the airport; cargo apron rehabilitation plans; planning for phase Il oft-hangars; possible expansion of one of the FBO aprons; possible relocation of air cargo (Federal Express) to the east end of the airport; and the initiation of monthly meetings with all tenants at the airport. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Timothy McGarry, Growth Management Division Director addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt the following Resolution recognizing that the historical designation of the Hermitage, 25340 4th Street, Summerland Key, Monroe County, Florida, Real Estate Numbers 196690, 196970, and 115100, is void ab initio for failure to comply with due the Monroe County due process requirements. Motion carried unanimously. RESOLUTION NO. 219-2003 Said Resolution is incorporated herein by reference. James Roberts, County Administrator and George Garrett, Marine Resources Director addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval to advertise an Ordinance relating to the provision of wastewater services and facilities in Monroe County, Florida; Authorizing the imposition and collection of wastewater assessments against property; Providing certain definitions including a definition for the term: "Wastewater Assessment"; Establishing a procedure for imposing wastewater assessments; Providing that wastewater assessments constitute a lien on assessed 06/18/2003 2003/142 property upon adoption of assessment roll; Providing that the lien for a wastewater assessment collected pursuant to sections 197.3632 and 197.3635, Florida Statutes, upon perfection shall attach to the property on the prior January 1, the lien date for ad valorem taxes; Providing that a perfected lien shall be equal in rank and dignity with the liens of all State, County, District, or Municipal taxes and assessments and superior in dignity to all other prior liens, mortgages, titles, and claims; Providing a procedure for collection of wastewater assessments; Providing a mechanism for the imposition of assessments on government property; Providing for severability; and Providing an effective date. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES Myra Hernandez, CCTM - Manager/KWDoT, representing the City of Key West addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting conceptual approval for Monroe County Government to enter into an Interlocal Agreement with the City of Key West to provide an "In Kind" match for grants underwriting fixed route bus service from Key West to MM 50 in Marathon on a daily basis starting in September 2003. Motion carried unanimously. DIVISION OF PUBLIC WORKS Dent Pierce, Public Works Director and Gwen Hawtof, M.D. - President, Florida Keys SPCA, Inc. addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval per Staff recommendation 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 of the following Resolution concerning the Transfer of Funds. Motion carried unanimously. RESOLUTION NO. 220-2003 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Mr. McGarry reported to the Board concerning Nutrient Credits, the Rate of Growth Ordinance, status of the 21 Big Pine Key permits, and an update ofa meeting held with representatives from the Department of Community Affairs concerning the designation of the Area of Critical State Concern (ACSC). DIVISION OF MANAGEMENT SERVICES Dr. Jake Rutherford, representing the Monroe County Health Department; Vianca Stubbs, representing the Health Council of South Florida; and Sonya Albury, representing the Monroe County Community Health Initiative addressed the Board. Ms. Stubbs then made a presentation to the Board concerning the Final Recommendation and Action Plan. Motion was made by 06/18/2003 2003/143 Commissioner Rice and seconded by Commissioner Neugent to accept the Final Recommendations and Action Plan to Improve Health Care Delivery in Monroe County, prepared by the Health Council of South Florida under Contract with Monroe County; approval of invoice for $10,000.00 for final deliverable. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT The Board accepted the Growth Management Litigation Report dated June 13,2003, from Attorney Karen Cabanas of the firm, Morgan & Hendrick. COMMISSIONERS' ITEMS Mayor Spehar discussed her item with the Board concerning discontinuation of enrollment in the Certificate for Public Management (CPM) course for 2003-2004. Motion was made by Mayor Spehar and seconded by Commissioner McCoy to delay the program for this year and divert the funds to the County's benefits package. James Roberts, County Administrator addressed the Board. After consideration, Mayor Spehar removed the item from the agenda. 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 Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner David P. Rice, Vice-Chairperson Mayor Dixie Spehar, and City of Layton Commissioner Kevin Madok as Chairperson. Clark Martin, Fire Chief addressed the Board concerning status of the new Big Pine Key Fire Station. Motion was made by Vice-Chairperson Mayor Dixie Spehar and seconded by Commissioner Rice granting approval and authorizing execution of an Assignment, Delegation and Release Agreement between Monroe County, Second Review, Inc., a Florida Corporation (formerly known as Advanced Data Processing, Inc., a Florida Corporation) and Advanced Data Processing, Inc., a Delaware Corporation, for Rescue Ambulance Billing and Related Professional Services. Motion carried unanimously. Motion was made by Commissioner Rice and seconded by Vice-Chairperson Mayor Dixie Spehar granting approval and authorizing execution of a Contract Addendum for Rescue Ambulance Billing & Related Services between the Board of Governors, Fire and Ambulance District 1, and Advanced Data Processing, Inc. to extend the term of the Agreement for an additional one (1) year period. Motion carried unanimously. There being no further business, the meeting of the Board of Governors was adjourned. * * * * * * 06/18/2003 2003/144 The meeting of the Monroe County Board of County Commissioners reconvened with all Commissioners present. COMMISSIONER'S ITEMS Commissioner Neugent discussed his item with the Board concerning adoption of a Resolution in support of the Friends of Fort Zachary Taylor applying for grant money from the Federal and State Government. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 221-2003 Said Resolution is incorporated herein by reference. Commissioner Neugent discussed his item with the Board concerning approval by the Board of County Commissioners of Monroe County, Florida to obtain management authority from the State of Florida on the property located on US 1 known as the "swimming hole" at the far west end of Big Pine Key. Mr. Garrett and Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to move forward with the request. Motion carried unanimously. Commissioner Neugent discussed his item with the Board concerning possible Ordinances, with Growth Management, that would restrict the transfer - from mobile home parks - of development rights and the rezoning of such. Mr. McGarry and Barry Patterson addressed the Board. No official action was taken by the Board. COUNTY ADMINISTRATOR Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval to confirm the Governor's appointments of Aaron Castillo, Humberto Jimenez and Michael Ozegovich to the Monroe County Housing Authority Board. Motion carried unanimously. COUNTY ATTORNEY Jill Patterson, Joaquin Fernandez, representing Key Largo Ocean Resort; and Ricardo Irizarry addressed the Board. Assistant County Attorney Bob Shillinger discussed the request for approval of Settlement Agreement, Case No. CAP 96-260, in Monroe County vs. Key Largo Ocean Resorts Co-op, Inc. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval and authorizing execution of the above Settlement Agreement. Motion carried unanimously. COMMISSIONERS' ITEMS 06/18/2003 2003/145 Commissioner Nelson discussed his item with the Board concerning a report of the Tallahassee trip on May 28,2003 to discuss funding issues with the Department of Community Affairs. COUNTY ADMINISTRATOR Mr. Roberts discussed with the Board Monroe County receiving the National Association of Counties (NACo) 2003 Achievement Award for a variety of projects and programs. Mr. Roberts indicated, per the Board's instructions, that the 2.4% increase over rollback has been achieved for the proposed Fiscal Year 2003-2004 budget. Mr. Roberts also discussed the meeting in Tallahassee last week with representatives from the Department of Community Affairs and the Department of Management Services concerning the new Small County Health Insurance Program, Monroe County's Comprehensive Land Use Plan, wastewater funding, and land acquisition issues. COMMISSIONERS' ITEMS Commissioner McCoy addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution commending Captain Lawrence S. Cotton, Jr., United States Navy, for his tenure and tour of duty in the Florida Keys. Motion carried unanimously. RESOLUTION NO. 222-2003 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR Mr. Roberts discussed with the Board approval to proceed with due diligence for the purchase of six (6) lots on Cudjoe Key for the site of a Lower Keys government services building. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the item. Roll call vote was taken with the following results: Commissioner Nelson Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner McCoy No Mayor Spehar Yes Motion carried. COUNTY ATTORNEY Commissioner Rice abstained from participating on the following item: 06/18/2003 2003/146 Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Resolution approving the issuance by the Monroe County Industrial Development Authority of its Health Care Facilities Revenue Bond (The Guidance Clinic of the Middle Keys, Inc. Project), Series 2003, in an aggregate principal amount not to exceed $2,500,000 the proceeds of which will be used principally to refinance certain outstanding indebtedness ofthe Guidance Clinic of the Middle Keys, Inc., and to finance certain capital improvements to the Health Care Facilities of the Guidance Clinic of the Middle Keys, Inc.; and providing an effective date. Roll call vote was unanimous, with Commissioner Rice abstaining. RESOLUTION NO. 223-2003 Said Resolution is incorporated herein by reference. Commissioner Nelson excused himself from the meeting. PUBLIC HEARINGS A Public Hearing was held to consider adoption of 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. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously, with Commissioner Nelson not present. ORDINANCE NO. 019-2003 Said Ordinance is incorporated here by reference. Commissioner Nelson returned to the meeting. A Public Hearing was held to consider 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 date. The following individuals addressed the Board: Diana Flenard-Moore, John Jones, Al Vercellino, Kim Wigington, and Sandy Walters, representing Roy's Trailer Park. Mr. Garrett and Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the Ordinance. After further discussion, the maker of the motion withdrew with the second accepting. Motion was then made by Commissioner Nelson and seconded by Commissioner Rice to table the item to the next Board meeting scheduled for July 15,2003, at 3:00 p.m. in Key West. Motion carried unanimously. 06/18/2003 2003/147 Commissioner Neugent excused himself from the meeting. A Public Hearing was held to consider adoption of 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. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously, with Commissioner Neugent not present. ORDINANCE NO. 020-2003 Said Resolution is incorporated herein by reference. Commissioner Neugent returned to the meeting. A Public Hearing was held to consider adoption of an Ordinance prohibiting persons from remaining upon Loop Road, SugarloafKey, 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. There was no public input. Assistant County Attorney, Rob Wolfe addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance, with the addition of the following amendment: The County Administrator may also authorize persons to be on Loop Road, Sugarloaf Key, between sunset and sunrise for events such as, but not limited to, automobile events, bicycling events, running events, and television movie productions. Motion carried unanimously. ORDINANCE NO. 021-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance revising Sec. 6-56, definition of Aluminum Specialty Contractor to include vinyl and plastic products and requiring licensure 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. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. 06/18/2003 2003/148 ORDINANCE NO. 022-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of 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. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 023-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Sec. 6-59(111) and 6-62, Monroe County Code, in order to delete references to the testing agency of 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. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 024-2003 Said Ordinance is incorporated herein by reference. SOUNDING BOARD Betty Vail made a presentation to the Board to turn the Florida Keys Marathon Airport into an airport authority. Dan Mahoney addressed the Board. No official action was taken by the Board. WASTEWATER ISSUES Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson to allow Key West Resort Utilities to ask for a 5% down payment, pending passage of an assessment Ordinance, which will allow for additional financing considerations. Motion carried unanimously. Mr. Roberts discussed the Intergovernmental Task Force and indicated that they had requested the Board call a meeting to discuss certain issues. James Reynolds, Deputy Executive Director of the Florida Keys Aqueduct Authority addressed the Board. Ray Shimokudo, Department Director - Environmental Services made a 06/18/2003 2003/149 presentation to the Board on wastewater management projects and issues concerning Bay Point, Conch Key, and Big Coppitt Key. The Board discussed calling a Special Workshop between the Board of County Commissioners and the Board of Directors for the Florida Keys Aqueduct to discuss wastewater issues. Commissioner Nelson requested his item concerning the discussion and approval of a standardized method of bidding, method of process, method of collection, and type of materials used for wastewater plants under one million gallons per day in unincorporated Monroe County, be heard after the workshop between the Board of County Commissioners and the Board of Directors for the Florida Keys Aqueduct. 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: Mayor Randy Mearns, representing the City of Marathon; John Repetto, Mayor Chris Sante, representing Islamorada, Village of Islands; and Mark Gregg, representing Islamorada, Village of Islands. Mr. Roberts addressed the Board. This item was referred to the County Administrator. 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-1O), Section 9.5-122(c) and Section 9.5-266(a-h). Revisions to Affordable Housing Regulations. There was no public input. This item was continued to the Board meeting scheduled for July 15, 2003, at 5:00 p.m. in Key West. A Public Hearing was held concerning adoption of an Ordinance creating Section 9.5-120.6, Monroe County Code, providing for a moratorium on the transfer of recreational vehicle spaces to hotel and motel units off-site; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted public input with the following individuals addressing the Board: Donald Craig, representing Northstar Resort; and Ray Chote. Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unarumous. ORDINANCE NO. 025-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 9.5-268 (existing residential dwellings), Monroe County Code to permit residential structures legally established before January 4, 1996 to be considered as legal residential structures and 06/18/2003 2003/150 permit improvements to those structures; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and providing an effective date. The Board accepted public input with the following individual addressing the Board: Ray Chote. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 026-2003 Said Ordinance is incorporated herein by reference. The first of two Public Hearings was held concerning adoption of an Ordinance designating Tier Maps and adopting interim development regulations deferring ROGO and NROGO Allocations in Tier I and Tier II areas until land development regulations and comprehensive plan amendments implementing the work program mandated by Rule 28-20.100, F.A.C. are drafted and adopted by the County Commission or eighteen months, whichever comes first. Mr. McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Sandy Walters, Tom Rothdeutsch, Nancy Klingener, representing Last Stand; Dianna Stevenson, representing Orchid Park Homeowner's as Agent; Ed Swift, Larry Keys, Marge Montana, representing the Sugarloaf Shores Property Owner's Association; Donald Craig, representing Lloyd K. Johnson; May D. Chote, Ray Chote, Andrew Tobin, Sherry Phillips, Jill Patterson, Mike Laudicina, H. T. Pontin, Bill Smith, representing Florida Keys Contractor's Association; Kim Fisher, David W. Tuttle, Joel Rosenblatt, Dennis Henize, Lloyd A. Good, Jr., Kieran Mahoney, Debra Harrison, representing World Wildlife Fund; Rebecca Jetton, representing the Department of Community Affairs; Larry Sullivan, representing the Big Pine Key Civic Association; George F. Wilson, Kathryn Wheeler, Richard Grosso, representing Florida Keys Citizens Coalition, et al; and Mick Putney. James T. Hendrick, Special Litigation Counsel addressed the Board. (The second public hearing on this item is scheduled for July 15, 2003, at 5:00 p.m. in Key West). COMMISSIONERS' ITEMS Commissioner Neugent discussed his item with the Board concerning adoption of a Resolution supporting the reconstruction of the Old Seven Mile Bridge to the original design and requesting the Florida Department of Transportation expedite the work. Motion was made by Mayor Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 224-2003 Said Resolution is incorporated herein by reference. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board 06/18/2003 2003/151 of County Commissioners Monroe County, Florida Sh~c. ~~ Isabel C. DeSantis, Deputy Clerk