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08/20/2003 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2003/188 Regular Meeting Board of County Commissioners Wednesday, August 20, 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; 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. MISCELLANEOUS Holly Merrill, Administrative Aide to State Representative Ken Sorenson, was introduced. Ms. Merrill addressed the Board. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for May, 2003 to David Pentz, Maintenance Worker, Unincorporated Parks & Beaches, ~ublic Works Division. Presentation of 15 Years of Service to Jean "Niko" Reisinger, Biologist, Growth Management Division. Proclamation to declare the Month of October, 2003 as the Month of the Americas. Proclamation to declare August 26,2003 as Women's Equality Day. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval of the following items: 08/2012003 2003/189 Board granted approval to remove surplus equipment from inventory via advertising for bid, removal and disposal. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Contract between Monroe County and Lipsky Enterprises, Inc. concerning the Key West International Airport Noise Insulation Program. Board granted approval and authorized execution ofa US. Department of Transportation Federal Aviation Administration Grant Agreement, Project Number 3-12-0037-022-2003 with Monroe County to fund implementation of the Disadvantaged Business Enterprise Program, a Terminal Concept Study, construction oft-hanger taxiways, and aircraft parking apron at the Key West International Airport. Board granted approval and authorized execution of Amendment No.1 to the U.S. Department of Transportation Federal Aviation Administration Grant Agreement, Project Number 3-12-0037-022-2003, with Monroe County which deletes the Interactive Video Operations Equipment funding. Board granted approval to terminate the Fax Data Business Station Agreement, dated September 8, 1999 between Monroe County and Arlen Communications, Inc., for space in the Key West International Airport Terminal Building. Board granted approval and authorized execution of a US. Department of Transportation Federal Aviation Administration Land Lease, Lease No. DTFA06-02-L-08825 between Monroe County for the Visual Approach Slope Indicator (V ASI) at the Key West International Airport. Board granted approval and authorized execution of US. Department of Transportation Federal Aviation Administration Grant Agreement, Project Number 3-12-0037-021-2003 with Monroe County to fund Noise Mitigation measures, Phase 2 Construction, and Phase 3 Design. Board granted approval and authorized execution of Purchase Service Order No. 02/03-27 between Monroe County and URS Corporation for the Disadvantaged Business Enterprise (DB E) Implementation Program technical support services for the Key West and Florida Keys Marathon Airports. Board granted approval and authorized execution of a US. Department of Transportation Federal Aviation Administration Grant Agreement, Project Number 3-12-0044-018-2003 with Monroe County to fund implementation of the Disadvantaged Business Enterprise Program, and for architectural and engineering services for cargo apron resurfacing, and expanding a Fixed Base Operator apron, at the Florida Keys Marathon Airport. Board granted approval to prepare and advertise a Request for Proposals (RFP) to construct corporate hangars at Florida Key Marathon Airport. 08/20/2003 2003/190 Board granted approval and authorized execution of a Lease Agreement between Monroe County and United Engineering Corp for lease of property at the Florida Keys Marathon Airport to store equipment to be used in conjunction with the Little Venice Wastewater Plant Project, for a term commencing March 1, 2003 and ending on August 3 1, 2003, and may be extended on a monthly basis. Board granted approval for Skydive Sebastian of South Florida, Inc. to hold a skydiving event at the Florida Keys Marathon Airport November 6-10,2003, contingent upon meeting all FAA and County requirements. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection, Agreement No. SC424 for the acceptance of Small County Solid Waste Grant Funds. RESOLUTION NO. 279-2003 Said Resolution is incorporated herein by reference. Board granted approval to apply to the Florida Department of Community Affairs for a Pre-Disaster Mitigation Grant in the amount of $3,000,000 to design and construct a permanent and dedicated Emergency Operations Center (EOC) and for the Mayor to sign the Grant Application. Board granted approval to award the bid to Verizon Wireless for lease of surplus antenna tower space on the County owned communications tower located in Key Largo. Board granted approval and authorized execution of an Amendment to Key West Police Department 911 Center Agreement with Positron Public Safety Systems, Corp. in order to reflect items not listed in original contract to allow full payment of the goods and services provided, at a cost less than the maximum contracted amount, in the amount of$104,935.14. Board granted approval and authorized execution of an Amendment to Special Service Agreement between Monroe County and BellSouth Telecommunications, Inc. in regards to maintenance of Emergency 9-1-1 (E911) equipment and associated software and equipment, and adjustment in the total number of access lines. Board granted approval and authorized execution of Grant Agreement No. FL-I03-0140 between Monroe County and Public Safety Foundation of America, Inc., in the amount of $68,985 for the purchase, installation, and training of9-1-1- mapping hardware and software. Board authorized issuance of a Certificate of Public Convenience and Necessity to Islamorada, Village of Islands - Fire Rescue for the operation of ALS Transport Ambulance Service (Class A, Emergency Medical Service) for the October 1, 2003 through September 30, 2005. 08/20/2003 2003/191 Board adopted the following Resolution authorizing the Monroe County Fire Chief to execute a Memorandum of Understanding for use of registered nurses between Fishermen's Hospital and Monroe County Fire Rescue on behalf ofthe BOCC of Monroe County. RESOLUTION NO. 280-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a State-Funded Subgrant Agreement, Contract No. 04CP-II-II-54-01-045 between Monroe County and the State of Florida, Department of Community Affairs concerning the Hazardous Material Plan. Board granted approval and authorized the County Administrator to execute a Service Agreement Grant between Monroe County and Generations on Line, a web-based, Internet training resource for Senior Citizens. Board granted approval and authorized execution of a Renewal Amendment to Lease between Monroe County and Peter O. Dalton for a one year lease extension for Extension Services office space in Damaron Building in Key Largo. Board granted approval and authorized execution of a Standard Coordination/Operator Contract between Monroe County and the Guidance Clinic of the Middle Keys serving as the Community Transportation Coordinator for the State of Florida, contract year 07/01/03 - 12/31/03. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Stand Up for Animals, Inc. for operation of the Big Pine Key and Marathon Animal Shelters to increase the hours and days of operation at the Big Pine Animal Shelter. Board granted approval to award bid and issue a purchase order in the amount of$29,610 to The Restaurant Store for the purchase and installation of a tray washer at the Monroe County Detention Facility. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Trooper Diego A. Rios on a month-to-month basis until December 31, 2003. Board granted approval and authorized execution of a Contract Renewal between Monroe County and Houston Air, Inc. for the Upper Keys Central NC Maintenance and Repair. Board granted approval and authorized execution of a Contract Renewal between Monroe County and Mowrey Elevator Service, Inc. for complete elevator service maintenance for Monroe County elevators. Board granted approval of the Receipt of the monthly report on Change Orders reviewed by the County Administrator. 08/20/2003 2003/192 Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and From the Earth & Sea, Inc. for the installation of various trees, shrubs and ground cover at the Veteran's Park, Little Duck Key, Monroe County, Florida. Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and Cornerstone Construction of the Keys, Inc. for Harry Harris Park - Tot Lot, Tavernier, Florida. Board granted approval to negotiate bid and authorized execution of a Standard Form of Agreement between Monroe County and with Toppino's Inc. for Wilhelmina L. Harvey Park- Playground Improvement. Board granted approval to negotiate bid and authorized execution of a Standard Form of Agreement between Monroe County and Key Iron Works, Inc. for Jackson Square Underground Electrical Changes and approval of the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 281-2003 Said Resolution is incorporated herein by reference. Board granted approval to close three (3) roads in the Largo City subdivision, Key Largo, to prevent illegal dumping in undeveloped areas, as follows: 1 )Robert Street at its intersection with the southern side of Esther Street, 2) Esther Street at it intersection with Pamela Street, and 3) Cliff Street at its intersection with Taylor Drive. Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and Coastal Marine Construction, Inc. in the amount of $219,600 for the Garrison Bight Bridge Fenders Project. Board granted approval to spend library impact fees for installation of a wireless computer network in the five branches, utilizing access points, LANcards and switches to accommodate the increased patrons' needs for computer access in a more flexible system, eliminating the need for extensive and expensive new cabling and expanding the current access. Board granted approval and authorized execution of a Contract Amendment between Monroe County and the Guidance Clinic of the Middle Keys, Inc., for the Safeport Program. Board granted approval of the Grant Adjustment Notice to Grant No. 03-CJ-5A-11-54-01-105 between Monroe County and the Florida Department of Law Enforcement for the Safeport Program. Board granted approval and authorized execution of a Contract Amendment between Monroe County and The U.S. Fellowship of Florida for the Peacock Apartments Program. 08/20/2003 2003/193 Board granted approval of the Grant Adjustment Notice to Grant No. 03-CJ-5A-11-54-01-109 between Monroe County to Contract with Florida Department of Law Enforcement for the Peacock Apartments Program. Board adopted the following various Resolutions concerning the Transfer of Funds, Unanticipated Funds, and Amending: Receipt of Unanticipated Funds (OMB Schedule Item No.1). RESOLUTION NO. 282-2003 Said Resolution is incorporated herein by reference. Transfer of Funds Funds (OMB Schedule Item No.2). RESOLUTION NO. 283-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 284-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 081-2003 (OMB Schedule Item No.4). RESOLUTION NO. 285-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 286-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 287-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 288-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 289-2003 08/20/2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 290-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 291-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 292-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 293-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 294-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 091-2003 (OMB Schedule Item No. 14). RESOLUTION NO. 295-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 296-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 297-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 298-2003 2003/194 08/20/2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 299-2003 Said Resolution is incorporated by reference. Amending Resolution No. 454-2002 (OMB Schedule Item No. 19). RESOLUTION NO. 300-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 455-2002 (OMB Schedule Item No. 20). RESOLUTION NO. 301-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 302-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 303-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 304-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 305-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 306-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 166-2003 (OMB Schedule Item No. 26). RESOLUTION NO. 307-2003 2003/195 08/20/2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 308-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 309-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 239-2003 (OMB Schedule Item No. 29). RESOLUTION NO. 310-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO. 311-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 312-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 313-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 198-2003 (OMB Schedule Item No. 33). RESOLUTION NO. 314-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 199-2003 (OMB Schedule Item No. 34). RESOLUTION NO. 315-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 35). RESOLUTION NO. 316-2003 2003/196 08/20/2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 566-2002 (OMB Schedule Item No. 36). RESOLUTION NO. 317-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 318-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 38). RESOLUTION NO. 319-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 39). RESOLUTION NO. 320-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 321-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 41). RESOLUTION NO. 322-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 323-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 324-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 020-2003 (OMB Schedule Item No. 44). RESOLUTION NO. 325-2003 2003/197 08/20/2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO. 326-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 327-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 47). RESOLUTION NO. 328-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 329-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 49). RESOLUTION NO. 330-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 331-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 332-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.52). RESOLUTION NO. 333-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 206-2003 (OMB Schedule Item No. 53). RESOLUTION NO. 334-2003 2003/198 08/20/2003 2003/199 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 54). RESOLUTION NO. 335-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.55). RESOLUTION NO. 336-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No.56). RESOLUTION NO. 337-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.57). RESOLUTION NO. 338-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a letter dated August 5, 2003 from KPMG Peat Marwick to update the Fiscal Year 2003 and the Fiscal Year 2004 Full Cost Allocation Plans and the OMB A-87 Cost Allocation Plans. Board granted approval to retain Preferred Governmental Claims Solutions (PGCS), current Third Party Administrator for the County's workers' compensation program, based on the condition that staff continues to negotiate a reduction in the cost of current bid, bringing a contract back to the Board at the September meeting. PGCS is the second lowest bidder. TOURIST DEVELOPMENT COUNCIL Board granted approval of change to Fishing Umbrella portion of the TDC Operations Manual relating to trophy reimbursement and logo usage. Board granted approval to rescind Agreement with Charlotte Ambrogio covering the Lower Keys Permit All Tackle Tournament on July 9-12,2003 due to cancellation of event. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Board adopted the following Resolution granting the request of Linda and Richard Granger to exchange privately owned land of conservation value for lands dedicated to the County for conservation proposes under the County's rate of growth ordinance as per Resolution 179-2003. 08/20/2003 2003/200 RESOLUTION NO. 339-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution to concur with the Florida Department of Transportation's decision to surplus excess property adjacent to U.S. 1 Right-of-Way at MM 69.5, Bayside. RESOLUTION NO. 340-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement Number SOOI, Contract No. AMI02 between Monroe County and the Florida Department of Transportation for the Monroe County Bicyc1elPedestrian Planner position. . Board granted approval to reject bids for the Big Pine Key Plant Restoration Project supported with ClAP grant funds and to re-advertise immediately. Board granted approval of a request by Monroe County for a floodplain variance to section 9.5-317(3)b.(i) in order to construct eight 3,300 SF hangars, one 11,200 SF hangar, one 5,600 SF hangar and one 12,408 SF building with eight T -hangars at the Key West International Airport. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal of derelict vessels in the Marathon area. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for Phase II of the regulatory buoy project at the Whale Harbor Sand Bar, Islamorada. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the emergency repair of channel markers #36 Cow Key Channel and #1 Lakes Passage. Board granted approval and authorized execution of a Contract Agreement between Monroe County and AS.AP., Inc. for the Tavernier Creek Buoy Project. Board granted approval for one Restrictive Covenant from Prize Property, Inc. to have one dwelling unit on contiguous lots described as Lots 6 & 7, Block 1, Amended Plat of Winston Waterways, Key Largo, Permit No. 01-3-2165. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. 08/20/2003 2003/201 Board granted approval for the transfer of two buildable lots from Dennis D. Miller to Monroe County by Warranty Deeds, Permit No. 02-1-1038, for Lot 1, Block 10, Eden Pines Colony 1st Addition, Big Pine Key and Lot 10, Block 29, Sands, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Condor Construction to Monroe County by Warranty Deeds, Permit No. 02-1-4116, for Lots 8 & 9, Block 55, Sands Subdivision, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Casanautica.com, Inc., to Monroe County by Warranty Deeds, Permit No. 02-1-0840 for Lots 5 & 6, Block 28, Sands Subdivision, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13,2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Joseph & Renee Silva to Monroe County by Warranty Deeds, Permit No. 01-03-1331 for Lot 19, Block 7, Big Pine Shores, Big Pine Key and Lot 2, Block 55, Sands Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Steven D. & Becky L. Higgins to Monroe County by Warranty Deeds, Permit No. 02-1-0546 for Lot 18, Block 3, Pine Grove, Big Pine Key and Lot 3, Block 8, Doctor's Arm Subdivision 2nd Addition, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from James & Jeanne Johnson to Monroe County by Warranty Deeds, Permit No. 01-1-2357 for Lot 1, Block 2, Cutthroat Harbor Estates, Cudjoe Key and Lot 14, Block 5, Silver Shores Estates, Ramrod Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Edward and Janet Klimowich to Monroe County by Warranty Deed, Permit No. 01-1-3378 for Lot 1, Block 5, Indian Mound Estates, Sugarloaf Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Lot Aggregation Restrictive Covenant from Jose Guerrero to have one dwelling unit on contiguous lots described as Lots 20 & 21, Block 9, Holiday Homesites, Key Largo, Permit No. 01-3-3801. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. 08/20/2003 2003/202 Board granted approval for one Restrictive Covenant from Gerardo Rubio and Maria Fereira to have one dwelling unit on contiguous lots described as Lots 1,2, 3,4, 15, 16, 17, & 18, Block 8, Pirates Cove, Key Largo, Permit No. 02-3-3992. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Adrian Ferradaz and Maria Del Carmen F erradaz to have one dwelling unit on contiguous lots described as Lots 3 & 23, Block 15, Amended Plat of Key Largo Park, Key Largo, Permit No. 02-3-4077. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Mark Boalch to have one dwelling unit on contangos lots described as Lots 21,22, & 23, Block 2, Largo Beach, Key Largo, Permit No. 02-3-5392. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from R Michael Cannon and Nancy Suarez Cannon to have one dwelling unit on contiguous lots described as Lots 3,4, & 5, Block 1, Paradise Point, Key Largo, Permit No. 02-3-5411. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Jean Goldsmith to have one dwelling unit on contiguous lots described as Lots 4, 5, 6, & 7, Block 2, Mates Beach No.2, Little Torch Key, Permit No. 02-1-3354. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from R Michael Cannon and Nancy Suarez Cannon to have one dwelling unit on contiguous lots described as Lots 5, 6, & 7, Block 14, Bowens Addition to Riviera Village, Key Largo, Permit No. 02-3-2483. The applicant is receiving a dwelling unit allocation award for the year ending July 13,2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Susan Del Frante to have one dwelling unit on contiguous lots described as Lots 1,2, & 3, Block 3, Unrecorded Plat of Ocean a, Key Largo, Permit No. 02-3-3248. The applicant is receiving a dwelling unit allocation award for the year ending July 13,2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Jose M. and Zoe Gonzalez to Monroe County by Warranty Deed, Permit No. 01-3-1796 for Lots 10 & 11, Block 40, Sands Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation 08/20/2003 2003/203 award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Rene and Jane Cairo to Monroe County by Warranty Deed; and approval for one Restrictive Covenant from Rene and Jane Cairo to have one dwelling unit on contiguous lots described as Lot 7 and 26, Block 12, Anglers Park, Key Largo, Permit No. 02-3-2617. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Mark and Holly Andre to Monroe County by Warranty Deed for Parcel XS, Pine Key Acres; and approval for one Restrictive Covenant from Mark and Holly Andre to have one dwelling unit on contiguous lots described as Lots 12 & 13, Torchwood West Unit 2, Big Torch Key, Permit No. 02-1-3575. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from David C. Ritz to Monroe County by Warranty Deed for Lot 11, Block 49, Sands Subdivision, Big Pine Key; and approval for one Restrictive Covenant from David C. Ritz to have one dwelling unit on contiguous lots described as part of Lot 2 and part of Lot 3, Block 3, Stillwright Point Plat No.2, Key Largo, Permit No. 03-3-0795. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Jack D. Niles, III and Lisette L. Niles to Monroe County by Warranty Deed for Lots 6 & 7, Block 2, Summerland Estates Resub, Summerland Key, Permit No. 02-1-0099. The applicants are receiving a dwelling unit allocation award for the year ending July 13,2003, have filed the documents in accordance with Ordinance No. 47-1999. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution stating Monroe County's intention to challenge amendments to the Miami-Dade Comprehensive Development Master Plan that would allow the widening of Krome Avenue and to authorize the filing of appropriate pleadings or briefs to support that challenge. RESOLUTION NO. 341-2003 Said Resolution is incorporated herein by reference. Board granted approval of a Settlement Agreement in the matter of New Port Largo, Inc. v. Monroe County, Case #97-20623-CA-18. 08/20/2003 2003/204 MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the disposition of inventory items for the month of August, 2003 in the total amount of $67, 104.56. Said listing is incorporated herein by reference. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution approving an increase in Monroe County's State Housing Initiatives Partnership (SHIP) Program's Maximum Sales Prices. RESOLUTION NO. 342-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution approving the Assignment and Assumption of a State Housing Initiatives Partnership (SHIP) Mortgage originally to the Bahama Conch Community Land Trust, Inc. to buyer Donna Kaplan. RESOLUTION NO. 343-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution adopting Amendment One (1) to Monroe County's State Housing Initiatives Partnership (SHIP), Local Housing Assistance Plan (LHAP) for State of Florida Fiscal Years 2001-2002,2002-2003,2003-2004. RESOLUTION NO. 344-2003 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of the appointment of Larry Maas, effective August 21,2003, to fill the unexpired term of Mike Ozegovich on the South Florida Workforce Board, term to expire June 30, 204. Board granted approval of the reappointment of Christina Weinhofer to the Tourist Development Council as the Mayor's appointee, for a period of 4 years, commencing on August 21,2003 and ending on August 20,2007. Board adopted the following Resolution requesting Congressman Bill Young to support the Senate Appropriation of one million dollars to help fund the water quality improvements in the Florida Keys. RESOLUTION NO. 345-2003 Said Resolution is incorporated herein by reference. 08/20/2003 2003/205 Board granted approval of the appointment of Todd B. Firm to the Tourist Development Council for District 5, for a period of 4 years, commencing on August 21,2003 and ending on August 20, 2007. COUNTY CLERK Board approved the following Warrants (205484-205666 & 86588-88542 & 2056-2366): General Fund (001), in the amount of$I,935,646.70; Sup to General Revenue (002), in the amount of$17,059.57; Fine & Forfeiture Fund (101), in the amount of$2,713,714.08; Road and Bridge Fund (102), in the amount of$363,986.90; Law Library Fund (103), in the amount of$6,189.50; TDC District Two Penny (115), in the amount of$444,833.32; TDC Admin. & Promo 2 Cent (116), in the amount of$442,349.31; TDC District 1,3 Cent (117), in the amount of$300,671.68; TDC District 2, 3 Cent (118), in the amount of$32,159.23; TDC District 3, 3 Cent (119), in the amount of$226,594.54; TDC District 4, 3 Cent (120), in the amount of$135,397.84; TDC District 5, 3 Cent (121), in the amount of$118,079.54; Gov. Fund Type Grants (125), in the amount of $348,378.20; Impact Fees Police Fac (134), in the amount of$88,307.10; Fire & Amb Dist 1 L&M Keys (141), in the amount of$117,862.54; Upper Keys Health Care (144), in the amount of$I,104.72; Fire & Amb Dist 6 Key Largo (146), in the amount of$192,012.40; Uninc Svc Dist Parks&Rec (147), in the amount of $40,865.57; Plan, Build, Zoning (148), in the amount of$67,448.93; Municipal Policing (149), in the amount of$405,856.15; 911 Enhancement Fee (150), in the amount of$40,360.66; Duck Key Security (152), in the amount of$12, 753.13; Local Housing Assistance (153), in the amount of$I13,622.60; Boating Improvement Fund (157), in the amount of$3,570.92; Misc. Special Revenue Fund (158), in the amount of$17,727.38; Law Enforcement Trust (162), in the amount of$9,651.33; 2003 Revenue Bonds (207), in the amount of$16,986.06; 1 Cent Infra Surtax (304), in the amount of$602,715.54; 2003 Revenue Bonds (307), in the amount of $7,486.00; Card Sound Bridge (401), in the amount of$8,192.16; Marathon Airport (403), in the amount of$177,470.67; Key West IntI. Airport (404), in the amount of $498,994.42; MSD Solid Waste (414), in the amount of$423,492.21; Worker's Compensation (501), in the amount of$60,453.65; Group Insurance Fund (502), in the amount of$325,883.95; Risk Management Fund (503), in the amount of$55,263.07; Fleet Management Fund (504), in the amount of$116,413.31. Board approved the following Fines & Forfeiture: FINES & FORFEITURES Court Reporter Services, Amy Landry Reporting, in the amount of $494.25; Associated Court Reporters, in the amount of$2,548.75; Barbara 1. Grant, in the amount of$I,036.25; Catherine H. Webster AKA Cathy Webster, in the amount of$I,060.00; Court Reporters of Key West, in the amount of$311.00; Fred W. Jeske, in the amount of$55.00; Martin B. Leshaw, in the amount of$102.50; Monroe County Court Reporting, in the amount of$50.00; Pleasanton Greenhill & Assoc, in the amount of$346.30; Suzanne Ex dba All Keys Reporting, in the amount of$l, 165.25; Veritext LLC, in the amount of$90.00; Court Interpreter, Alex Diaz, in the 08/20/2003 2003/206 amount of$895.46; Claudia M. Hancock, in the amount of$45.00; Estrella Garcia, in the amount of$247.50; Jacob Zucker, in the amount of$25.00; Mario Baldatti, in the amount of$163.58; Marketa Trnka, in the amount of$25.00; Martha Hernandez, in the amount of$135.00; Sandra E. Lam, in the amount of$225.00; Sergio Alvarez, in the amount of$45.00. Witness Coordination, Witness Payroll, in the amount of$195.00; Witness Travel & Per Diem, in the amount of $529.96. Court Appointed Attorney Fees - Conflict, John P. Rotolo PA Inc., in the amount of $807.50; Rayme Suarez, in the amount of$7,800.00. Other Services Circuit, Stephanie Fleming, in the amount $309.71. Miscellaneous Expenses, State of Florida, in the amount of $439.65. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of July 2003: Advertising, in the amount of$859,838.10; Bricks & Mortar Projects, in the amount of$125,778.58; Visitor Information Services, in the amount of $69,499.98; Events, in the amount of$204,199.48; Office Supplies & Oper Costs, in the amount of $87,823.62; Personal Services, in the amount of$131,625.10; Public Relations, in the amount of$125,050.97; Sales & Marketing, in the amount of$64,353.89; Telephone & Utilities, in the amount of$8,845.36; Travel, in the amount of$6,496.78. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of June 18, 2003, and Industrial Development Authority Minutes of June 18, 2003 (previously distributed). Board granted approval for the County Attorney and County Clerk to negotiate a Contract for audit services with the selected firms according to the provisions ofF.S. 218.391 to be brought back to the Board for final approval. COUNTY ADMINISTRATOR Board granted approval and authorized execution of a Grant Agreement between Monroe County and the Rural Health Network, Inc. for $15,000 to assist in conducting an actuarial study related to the feasibility of establishing a health insurance trust fund. COUNTY ATTORNEY Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Upper Keys Community Pool, Inc. in order to correct a typographical error referring to a DEP Grant number, and provide for UKCP to submit reimbursement documentation directly to DEP, in addition to documentation already required to be submitted to the Finance Department. Board granted approval and authorized execution of a code enforcement lien Settlement Agreement concerning Monroe County, Florida v. Richard M. Osborne, Case No. L8 99454. 08/20/2003 2003/207 Board granted approval and authorized execution of a code enforcement lien Settlement Agreement concerning Monroe County, Florida v. Manuel Vazquez and Pedro Fiallo, Case No. U501-142. Board granted approval to institute foreclosure and collection proceedings and for authority to settle 5 code enforcement lien cases, and to engage in outside counsel, if necessary. Board granted approval to advertise an Ordinance amending Sec. 6-56(19) Monroe County Code, by adding a sub classification 19a establishing a Landscaping curb contractor category; 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 a Request for Qualifications to provide Misdemeanor Probation Services and DUI Services. Board granted approval and authorized execution of an Agreement for Construction of Fire Protection and Emergency Medical and Emergency Rescue Services Facility, and for providing Fire Protection, Emergency Medical, and Emergency Rescue Services for Ocean Reef Volunteer Firefighters. Board granted approval to seek attorney's fees from any and all sources as a result of dismissal ofD & J Industries, Inc. v. Monroe County, Case No. CA P 03-543. Motion carried unanimously, with Commissioner Rice abstaining. Motion was made by Commissioner Rice and seconded by Commissioner Nelson to remove from the above bulk motion Agenda item U5 concerning approval to institute foreclosure and collection proceedings and for authority to settle 5 code enforcement lien cases, and to engage in outside counsel, if necessary. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Social Services Director, Louis LaTorre addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to deny approval of Contract No. #XQ007 between Monroe County and the State of Florida Department of Elder Affairs, SCSEP PY July 1, 2003 through June 30,2004. Motion carried unanimously. AIRPORTS Key West Airport Manager, Peter Horton updated the Board concerning the runway paving project and FAA grants. 08/20/2003 2003/208 DMSION OF GROWTH MANAGEMENT Scott Black, representing the District School Board of Monroe County, and County Attorney Richard Collins addressed the Board. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval of the rescission of the Interlocal Agreement dated July 15, 2002, and approved a revised draft Intergovernmental Agreement for Public School Facility Planning in Monroe County in accordance with Section 1., Subsection (1) of Section 163.3174 of the Florida Statutes. Motion carried unanimously. Growth Management Director Tim McGarry reported to the Board that his Staff was continuing work on the Annual Comp Plan Assessment which is to be provided to the Governor and Cabinet. The Board agreed for Commissioner Nelson, as the Land Use Liaison, to travel to Tallahassee at that time. DMSION OF MANAGEMENT SERVICES The following individuals addressed the Board concerning recommendations of the Human Services Advisory Board (HSAB) for County Fiscal Year 2004: Alexsandra Leet, representing the Human Services Advisory Board; Barbara Fike, representing Caring Friends for Seniors; Steve Miller and Scott Wade, representing the Big Pine Athletic Association; and Elvira Leet, representing Samuel's House. After discussion, motion was made by Commissioner Nelson and seconded by Mayor Spehar to accept the recommendations of the HSAB. During discussion, the motion was amended by the maker to reduce all allocations by 1 %. The Board then continued this item to later in the day. COUNTY ATTORNEY Charles Sexton, representing First Baptist Church of Big Pine addressed the Board. Assistant County Attorney Robert Shillinger, and County Attorney Richard Collins also addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson to dismiss Case No. MI2-0I-326/Big Pine Baptist Church. Roll call vote was unanimous. Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval to institute foreclosure and collection proceedings, settlement, and engage in outside counsel if necessary, on the remaining cases. Roll call vote was unanimous. DMSION OF GROWTH MANAGEMENT The Board accepted the Growth Management Litigation Report dated August 15,2003, from Attorney Karen Cabanas of the firm Morgan & Hendrick. Jill Patterson, and Jody Thomas, representing the Nature Conservancy addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution to designate Conservation and Natural Areas for future public acquisition and protection and direct staff to prepare amendments to the Land Development 08/20/2003 2003/209 Regulations to remedy conflicts in ROGOINROGO system with protection of significant upland habitat. Roll call vote was unanimous. Mr. McGarry addressed the Board. RESOLUTION NO. 346-2003 Said Resolution is incorporated herein by reference. Commissioner Neugent discussed his item concerning a request to proceed with a review, appraisal and acquisition of what is presently known as the D&J Industries Building located on Big Pine Key. The facility would serve all of Monroe County as both Pre&Post Disaster collection and service center. And also as a facility that, as a daily operation, will manufacturer DCA approved modular housing for truly affordable housing at no impact to ad valorem taxes, and will address the needs of the low-low and low income residents by replacing sub-standard housing as the need presents itself. The following individuals addressed the Board: Miles Anderson, representing the Division of Emergency Management - Recovery & Mitigation; Jay Marzella, representing Habitat for Humanity; Mike Puto, Mr. Collins, Mr. Roberts, and Bill Lowey, representing Habitat for Humanity. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to request the Land Authority to look into the acquisition of the property and report back to the Board in September, 2003. Roll call vote was unarumous. Commissioner Neugent discussed the drafted ordinance in the Analytica Report. Mr. McGarry addressed the Board. W ASTEW A TER ISSUES The Board discussed the Staff Update Report (#08-03) on Wastewater Master Plan Implementation Issues. The following individuals addressed the Board: Van Cadenhead, Kim Wigington, Mr. Roberts, Mr. Collins, and Clerk of Court Danny Kolhage. Commissioner McCoy discussed his item concerning approval of a Memorandum of Understanding between Monroe County and the Florida Keys Aqueduct Authority in reference to Key West Resort Utilities performing the engineering/survey for the Rockland, Big Coppitt and Geiger Key wastewater projects and authorization for the Mayor to execute same. Jim Reynolds, Executive Director of the Florida Keys Aqueduct Authority addressed the Board. No action was taken by the Board. DIVISION OF MANAGEMENT SERVICES Commissioner Rice abstained from voting on the following item: Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the recommendations of the Human Services Advisory Board (HSAB) for County Fiscal Year 2004: Center/Lower Keys, in the amount of$193,035; Guidance Clinic/Middle Keys, in the amount of$321,267; Guidance Clinic/Upper Keys, in the amount of $91,935; Hospice, in the amount of$39,559; Rural Health Net Healthy Kids Outreach, in the 08/20/2003 2003/210 amount of$34,614; Womankind, in the amount of $24,724; American Red Cross, in the amount of $24,724; Catholic Charities, in the amount of$19,135; Domestic Abuse Shelter, in the amount of $28,702; Florida Keys Children's Shelter, in the amount of $98,897; Florida Keys Outreach Coalition, in the amount of$19,708; Heron/Peacock, in the amount of$39,559; MARC, in the amount of$47,836; PACE Center for Girls, in the amount of $22,746; Samuel's House, in the amount of$37,581; Wesley House, in the amount of$91,657; Big Brothers/Big Sisters, in the amount of $21,164; Big Pine Athletic Association, in the amount of $40,000; Boys & Girls Club, in the amount of $29,669; Caring Friends for Seniors, in the amount of$10,000; Heart of the Keys Youth Recreation, in the amount of $29,669; Helpline, in the amount of$14,835; Just for Kids, in the amount of $4,945; Literacy Volunteers, in the amount of$6,132; and YMCA Upper Keys, in the amount of$12,857. Roll call vote was unanimous, with Commissioner Rice abstaining. COMMISSIONERS' ITEMS Mayor Spehar discussed her item concerning status of the RFP process for the Monroe County Health Benefits package. Mr. Roberts addressed the Board. Mayor Spehar discussed her item concerning a County-wide Health and Human Service Special Taxing District, which would be established for non-profit funding and health insurance subsidy, once the County-wide health insurance trust fund is created. It is recommended that this taxing district have an advisory board appointed by the municipalities and unincorporated Monroe County. The following individuals addressed the Board: Elmira Leto, representing Samuel's House, and Joseph Barker, representing the Wesley House Family Services. The Board directed Mayor Spehar to begin dialogue on this matter. Commissioner Neugent discussed his item concerning Howard Gelbman establishing a dedicated Children's Memorial Tree Garden in approved County parks. Mr. Gelbman made a presentation to the Board. Bill Langstaff addressed the Board. The Board then selected Commissioner Neugent to work with the group on this matter. Commissioner Rice discussed his item concerning a Report by Michael Davis of Keith and Schnars regarding recent progress concerning the Programmatic Regulations for the Comprehensive Everglades Restoration Program (CERP). Michael Davis made a presentation to the Board. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of LaPaloma Road, Winston Waterways Subdivision, Key Largo. The Board accepted public input with the following individual addressing the Board: Alan Norman. Motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 347-2003 08/20/2003 2003/211 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Sec. 13.5-5(d), Monroe County Code, in order to amend the park hours of the Key Largo Community Park; 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 individual addressing the Board: Glenn Patton. Motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 032-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways) to modify the boundary or the Whale Harbor Combustion Vessel Exclusion Zone, Sec. 5.5-108 (c) (4); 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 individual addressing the Board: H.T. Pontin. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 033-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider an Administrative Relief application filed by Mr. and Mrs. William Cobey for Lot 38, Block 3, of Buccaneer Point, Key Largo. Mr. McGarry, Monroe County Land Authority Director, Mark Rosch and Mr. Collins addressed the Board. The Board accepted public input with the following individual addressing the Board: Andy Tobin, representing the applicant. After discussion, motion was made by Commissioner Neugent and seconded by Mayor Spehar to adopt the following Resolution approving, with conditions, the request for Administrative Relief in the form of a ROGO Allocation made by William Cobey on the lot described as Block 3, Lot 38, Buccaneer Point, Key Largo, Real Estate No. 00496131-008200. Roll call vote was unanimous. RESOLUTION NO. 348-2003 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Rice discussed his item concerning approval for the appointment ofLynn Mapes to the Planning Commission for the District 4 seat. The following individuals addressed the Board: Fred Nickerson, Barry Patterson, representing the Smart Planning & Growth Coalition; Larry Sullivan, Sherry Phillips, Glenn Patton, representing the Key Largo Federation of Homeowner's Associations, and Debbie Harrison, representing the World Wildlife Fund. After 08/20/2003 2003/212 discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to appoint Lynn Mapes to the Planning Commission for the District 4 seat. Roll call vote was unammous. Commissioner Nelson discussed his item concerning the problem created by Sec. 9-5-427, Monroe County Code, which establishes a clear sight triangle 20' setback from local streets and requesting that the Planning Commission make appropriate recommendations to correct the problem so that the needs of residents and fence contractors are met. The following individuals addressed the Board: Richard Dunton, representing Down East Gate Systems; Ronnie Williams, representing Ronnie's Fence Company; Ray Pino, Vicki D. Matthews, representing Monroe County Fence Company; and Joyce Ellis, representing Ellis Aluminum. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent to refer the item to the Planning Commission for a comprehensive review and report back to the Board with recommendations, expeditiously. Motion carried unanimously. COUNTY ADMINISTRATOR Mr. Roberts addressed the Board. Hal Canary, representing Public Financial Management made a presentation to the Board concerning a Debt Capacity Report from Public Financial Management, the County's financial advisor and action by the Board of County Commissioners, as appropriate. The following individuals addressed the Board: Debra Harrison, representing the World Wildlife Fund, and Jody Thomas, representing The Nature Conservancy. No official action was taken by the Board. PUBLIC HEARINGS A Public Hearing was held to adopt an Ordinance amending Sections 9.5-316.1 through 9.5-318 and creating Section 9.5-319, Monroe County Code (Floodplain management regulations). (This item is requested to be continued). There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Nelson to continue to the October 15,2003 meeting of the Board. Motion carried unanimously. A Public Hearing was held to adopt an Ordinance deleting Sec. 9.5-523, (Variance); Creating a new Sec. 9.5-523 (Administrative Variances granted by the Planning Director); Creating a new Sec. 9.5-524, (Variances granted by the Planning Commission); and creating a new Sec. 9.5-282, (Residential Dwelling Permits and Bulk Regulations) of the Monroe County Code; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; 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 individuals addressing the Board: Barry Patterson, representing the Smart Planning & Growth Coalition; and Michelle Wisniewski, representing the Florida Keys Council for People with Disabilities. Motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously. 08/20/2003 2003/213 ORDINANCE NO. 034-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance designating Conservation and Natural Areas; Adopting Interim Development Regulations deferring ROGO and NROGO allocations (Art. IV, Div. 1.5, Land Development Regulations) in Conservation and Natural Areas until program mandated by Rule 28-20.100, F.A.c. are adopted and become effective or thirty Land Development Regulations and Comprehensive Plan Amendments implementing the work months, whichever comes first. The Board accepted public input with the following individuals addressing the Board: H. T. Pontin, Glenn Patton, representing the Key Largo Federation of Homeowners Associations; Rebecca Jetton, representing the Department of Community Affairs; George Wilson, Nicholas W. Mulick, James Mattson, representing Lloyd K. Johnson; Jill Patterson, Charles Causey, and Debra Harrison, representing the World Wildlife Fund. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Nelson No Commissioner Neugent Yes Commissioner Rice Yes Commissioner McCoy No Mayor Spehar No Motion failed. Mr. McGarry addressed the Board. A Public Hearing was held concerning adoption of an Ordinance amending Sections 9.5-111 through 9.5-118 of the Monroe County Code. There was no public input. The request by the Planning Department for a Text Amendment has been continued and not acted upon by the Planning Commission. Therefore, staff requests that this item be tabled. The staff will re-advertise the Public Hearing when the Planning Commission has made its recommendation. A Public Hearing was held concerning adoption of an Ordinance to consider a Future Land Use Map Amendment proposed by Sam Stoia. The request is for a Future Land Use Map Amendment from Residential Low (RL) to Mixed Use Commercial (MC) and a Land Use District Map Amendent from Suburban Residential (SR) to Suburban Commercial (SC) for property described as Section 5/6, Township 62, Range 39, Southernmost 100 Ft Lot 7, Key Largo, Florida, approximately mile marker 97.9, as depicted on Map # 1. There was no public input. The request by Sam Stoia for a Future Land Use Map Amendment and a Land Use District Map Amendment has not been acted upon by the Planning Commission. Therefore, staff requests the items be tabled. The staffwill re-advertise the Public Hearing when the Planning Commission has made its recommendation. A Public Hearing was held concerning adoption of an Ordinance to consider a Future Land Use Map Amendment and a Zoning Map Amendment proposed by the Key Largo Ocean Resorts Co-op, Inc. The request is from Mixed Use Commercial (MC) to Residential High (RH) 08/20/2003 2003/214 and a Zoning Map Amendment from Recreational Vehicle (RV) and Improved Subdivision (IS) to Urban Residential Mobile Home District (URM) for property legally described as Portions of Sections, 13 and 14, Township 62 South, Range 38 East, Key Largo, Florida, approximate mile marker 95, as depicted on Map #2. There was no public input. The request by Key Largo Ocean Resorts for a Future Land Use Map Amendment and a Land Use District Map Amendment has and not been acted upon by the Planning Commission. Therefore, staff requests that the items be tabled. The staffwill re-advertise the Public Hearing when the Planning Commission has made its recommendation. Mr. McGarry addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to table the above Public Hearings. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Neugent and seconded by Commissioner Rice to continue to the next Marathon meeting the discussion concerning a toll discount for reoccurring users and those employed by Ocean Reef going by way of the Toll Booth on Card Sound Road. Motion carried unanimously. Commissioner Rice discussed his item conceptually to consider a trauma patient health care system for the Middle and Lower Keys, and obtain a formalized agreement with Ryder Trauma Center to enhance trauma care in the remainder of Monroe County in a manner similar to the services provided in the Upper Keys. With the Board's direction, an informal study group could be formed to ascertain the local interest, and outline the issues to be addressed in the development process. Glenn Patton addressed the Board. The Board took no official action. COUNTY CLERK Clerk of Court Danny L. Kolhage discussed his item concerning the appointment of a County Commissioner to represent the Board on the Audit Selection Committee. Mayor Spehar was selected as the Board's representative. COUNTY ADMINISTRATOR Mr. Roberts discussed a memorandum sent to the Board from State Representative Ken Sorenson stating any legislative issues the Board may have for the next session, they should be sent to his office prior to September 1, 2003. Mr. Roberts addressed the Board concerning approval of a County Commission representative to participate in a joint meeting of the House Committee for Natural Resources and the House Committee for Local Government on September 11 and 12, 2003. Commissioner Nelson was selected as the Board's representative. There being no further business to come before the Board, the meeting was adjourned. 08/20/2003 2003/215 Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida SkcluJc. ~