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10/15/2003 Regular 2003/244 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, October 15,2003 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., on the above date at the Harvey Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner George Neugent, Commissioner David P. Rice, and Mayor Dixie Spehar. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; Richard Collins, County Attorney; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for June, 2003, to Trish Barker, Administrative Assistant, Bayshore Manor, Social Services Department, Community Services Division. Presentation of Employee of the Month Award for July, 2003, to Kim Wilkes, Social Worker Supervisor, Social Services Department, Community Services Division. Presentation of Employee of the Month Award for August, 2003, to David Bowen, Maintenance Worker, Facilities Maintenance Department, Public Works Division. Presentation of Years of Service Award for 20 years of service to Monroe County to Beth Leto, Sr. Administrator, Public Works Division. Presentation of Years of Service Award for 20 years of service to Monroe County to Jeanie Chancey, Administrative Assistant, Social Services Department, Community Services Division. Presentation of Years of Service Award for 15 years of service to Monroe County to 10/15103 2003/245 Nancy Howanitz, Librarian, Key West Library, Community Services Division. Presentation of Award from the Florida Keys Council for People with Disabilities to Charles Ingraham for outstanding service to the Disability Council and to disabled persons in Monroe County. Presentation of Proclamation to declare November 17, 2003 as Americans with Disabilities Awareness Day. Presentation of Award of Excellence to Sheriff Richard D. Roth and the Monroe County Sheriff's Office in recognition of and appreciation for the outstanding level of service provided to the Key West International Airport. Presentation of the Disadvantaged Business Enterprise (DBE) Award for 2003 to the Key West International Airport from the Federal Aviation Administration (FAA) Office of Civil Rights. Presentation of the Airport Safety Mark of Distinction Award to the Key West International Airport from the F ederal Aviation Administration (FAA). Presentation of Proclamation to declare October 20 through October 24,2003 as National Business Women's Week. Presentation of Proclamation to declare November 9 through November 15,2003 as Just 4 Kids Week. Proclamation to declare October 12 through October 19, 2003 as Hispanic Heritage Week. COMMISSIONERS' ITEMS Musician Chris Foster sang The Storm of the Century (the 1935 Labor Day hurricane song). Motion was made by Commissioner McCoy and seconded with Commissioner Neugent to adopt the following Resolution Motion carried unanimously. RESOLUTION NO. 392-2003 Said Resolution is incorporated herein by reference. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the following items by unanimous consent: Board granted approval and authorized execution of a Renewal Agreement with Condo Electric Motor Repair for emergency generator repair and maintenance. 10/15103 2003/246 Board granted approval of Test Site #1 and revised Test Site #2 to the Appendix of the Agreement between Monroe County and the Florida Department of Highway Safety and Motor Vehicles and a Driver License Third Party Administrator concerning Commercial Driver License (CDL) examinations for Monroe County employees and hurricane evacuation volunteer drivers. Board granted approval to reject bids for Restroom Janitorial Services at Veterans Memorial Park, and granted authorization to re-bid. Board granted approval to renew Contract with Culvers Cleaning Company on a month-to-month basis, for restroom janitorial services at Veterans Memorial Park. Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval to remove surplus equipment from inventory via removal and disposal. Said list is incorporated herein by reference. Board granted approval of the filing ofFY 2003-2004 State Aid to Libraries Grant Application with the Florida Department of State, Division of Library and Information Services, and authorized execution of State Aid to Libraries Grant Agreement. Board granted approval to waive purchasing policy concerning the Monroe County, Florida Keys Council For People With Disabilities (FKCFPWD) Contract to increase the amount of funding requested previously for the ADA Seminar from $10,000 to $14,000 ($4,000 increase) to cover additional and related costs of the ADA Seminar on November 17, 2003, to be held at The Harvey Government Center to be presented by ADAhelp, Inc. The actual contracted cost of the ADA Seminar is $8,000. Board granted approval and authorized execution of an Agreement between Monroe County and ADAhelp, Inc. for the Monroe County, Florida Keys Council For People With Disabilities (FKCFPWD) to increase the amount of funding requested previously for the ADA Seminar from $10,000 to $14,000 to cover additional and related costs of the ADA Seminar to be presented by ADAhelp, Inc. at The Harvey Government Center on November 17, 2003 from 9:00 a.m. to 1 :00 P.M. Board granted approval and authorized execution of Modification #2 to Unmet Needs Grant Agreement No. 0IUN-6P-II-54-15-007 between Monroe County and the Florida Department of Community Affairs (DCA) to extend the Agreement date to December 31, 2003. Board granted approval and authorized execution of a Contract between Monroe County and Florida Healthy Kids Corporation, whereby Monroe County agrees to provide matching funds in the amount of $38,493 for the period of July 1, 2003 through June 30, 2004. 10/15103 2003/247 Board granted approval and authorized execution of the Fiscal Year 2004 Agreement between Monroe County and the Rural Health Network of Monroe County to provide primary health care in Monroe County, in the amount of$150,000. Board granted approval and authorized execution the Fiscal Year 2004 Funds Agreement between Monroe County and the Historic Florida Keys Foundation, Inc. to provide funding, in the amount of $30,000. Board granted approval and authorized execution of the Fiscal Year 2004 Funds Agreement between Monroe County and the Monroe Council of the Arts Corporation, d/b/a/ Florida Keys Council of the Arts to provide funding, in the amount of $45,000. Board granted approval of settlement of Workers' Compensation claim number 022-101-0001876 in the amount of $40,000 inclusive of attorney's fees and costs. Board granted approval and authorized execution of an Extension of Insurance Consulting Agreement between Monroe County and Interisk Corporation to provide Risk Management, Employee Benefits and Workers' Compensation consulting services from 8/16/03 through 9/30104. Board adopted the following Resolutions concerning Transfer of Funds and the Receipt of Unanticipated revenue: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 393-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 394-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 239-2003 (OMB Schedule Item No.3). RESOLUTION NO. 395-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 396-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). 10/15103 RESOLUTION NO. 397-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 398-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 334-2003 (OMB Schedule Item No.7). RESOLUTION NO. 399-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 400-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 401-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 402-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 403-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 116-2003 Funds (OMB Schedule Item No. 12). RESOLUTION NO. 404-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 405-2003 Said Resolution is incorporated herein by reference. 2003/248 10/15103 Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 406-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 407-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 408-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 409-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 410-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 411-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 412-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 413-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). 2003/249 10/15103 RESOLUTION NO. 414-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 415-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 416-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 417-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 418-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 419-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 420-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 157-2003 (OMB Schedule Item No. 29). RESOLUTION NO. 421-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 422-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 31). 2003/250 10/15103 RESOLUTION NO. 423-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 32). RESOLUTION NO. 424-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 425-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 318-2003 (OMB Schedule Item No. 34). RESOLUTION NO. 426-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 319-2003 (OMB Schedule Item No. 35). RESOLUTION NO. 427-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (Schedule Item No. 36). RESOLUTION NO. 428-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 37). RESOLUTION NO. 429-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 210-2003 (OMB Schedule Item No. 38). RESOLUTION NO. 430-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 39). RESOLUTION NO. 432-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.40). 2003/251 10/15103 RESOLUTION NO. 433-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 357-2003 (OMB Schedule Item No.41). RESOLUTION NO. 434-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 42). RESOLUTION NO. 435-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 43). RESOLUTION NO. 436-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 44). RESOLUTION NO. 437-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 45). RESOLUTION NO. 438-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 46). RESOLUTION NO. 439-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.47). RESOLUTION NO. 440-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 441-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.49). 2003/252 10/15103 RESOLUTION NO. 442-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 443-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 444-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 52). RESOLUTION NO. 445-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 53). RESOLUTION NO. 446-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 54). RESOLUTION NO. 447-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 126-2003 (OMB Schedule Item No. 55). RESOLUTION NO. 448-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 031-2003 (OMB Schedule Item No. 56). RESOLUTION NO. 449-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 57). RESOLUTION NO. 450-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 58). 2003/253 10/15103 RESOLUTION NO. 451-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 59). RESOLUTION NO. 452-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 60). RESOLUTION NO. 453-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 61). RESOLUTION NO. 454-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 62). RESOLUTION NO. 455-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 63). RESOLUTION NO. 456-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 520-2002 (OMB Schedule Item No. 64). RESOLUTION NO. 457-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 65). RESOLUTION NO. 458-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 66). RESOLUTION NO. 459-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 67). 2003/254 10/15103 2003/255 RESOLUTION NO. 460-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 68). RESOLUTION NO. 461-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 69). RESOLUTION NO. 462-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 70). RESOLUTION NO. 463-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 71). RESOLUTION NO. 464-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 72). Board granted approval to complete the application for voluntary dental and vision benefits with American General effective January 1, 2004. Board granted approval and authorized execution of a License Agreement between Monroe County and 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 a Contract Renewal between Monroe County and Gail Holley d/bla Birds of Paradise Cleaning Service to provide janitorial services at the Florida Keys Marathon Airport, at a rate of $411.36 per week, commencing November 1, 2003 and terminating on October 31,2004. Board granted approval and authorized execution of a Master Agreement to Manage and Implement Noise Mitigation Projects and Professional Service Order for implementation of the Noise Insulation Program Phase 3 A & E Services, for the Key West International Airport between Monroe County and THC, Inc. 10/15103 2003/256 Board granted approval to advertise a Request for Proposals for janitorial services for the Key West International Airport. Board granted approval to advertise a Request For Proposals for landscape maintenance at the Key West International Airport. Board granted approval to submit Passenger Facility Charge Application #8 for $4.50 per passenger to the Federal Aviation Administration for approval Board granted approval of Fiscal Year 2004 amendment to the Key West International Airport Security Expenditure Plan. Amendment addressed cost for Sheriff's staff through June 30, 2007, and notes estimated costs for potential projects, equipment and associated items. Board granted approval and authorized execution of Public Transportation Joint Participation Agreement, Contract No. ANB43 between Monroe County and the State of Florida Department of Transportation to fund Part 150 Noise Implementation Program Phase II Construction for the Key West International Airport. Board granted approval and authorized execution of Public Transportation Supplemental Joint Participation Agreement No.1, Contract No. ANI03 between Monroe County and the State of Florida Department of Transportation for additional funds for security requirements at the Key West International Airport. Board granted approval and authorized execution of Public Transportation Supplemental Joint Participation Agreement NO.5 between Monroe County and the State of Florida Department of Transportation for additional funds for the runway overlay project at the Key West International Airport. Board granted approval of Republic Parking System operating budget for the period of November 1, 2003 through October 31,2004 for parking lot management at the Key West International Airport. Board granted approval to rescind the Contract with Lipsky Enterprises, Inc. to provide construction services for the Noise Insulation Program for the Key West International Airport approved at the August 20, 2003 Board Meeting. Board accepted proposal and authorized execution of Agreement between Monroe County and Medtronic Physio-Control Corporation for the maintenance of biomedical equipment for Municipal Services Taxing District 6 (MSTD 6), in the amount of$6,904 commencing November 1,2003. Board granted approval and authorized execution of an Amendment to the Rental Car Concession Agreement with DTG Operations, Inc. to allow Thrifty Rent A Car to establish a counter at the Key West International Airport. 10/15103 2003/257 TOURIST DEVELOPMENT COUNCIL Board granted approval of the following Cultural Umbrella Event Agreements for Fiscal Year 2004 totaling $378,014: Key Players 2004 Season, October 2003 - September 2004, in the amount of $25,000; Performance at St. Paul's, October 2003 - September 2004, in the amount of $2,701; Island Opera Theatre Concert Series, October 2003 - September 2004, in the amount of $21,664; Waterfront Playhouse Season, October 2003 - September 2004, in the amount of $18,245; Tennessee Williams Fine Arts Center Season, October 2003 - June 2004, in the amount of$19,205; Red Barn Theatre Season, October 2003 - September 2004, in the amount of $21,605; Marathon Community TheatreSeason, October 2003 - September 2004, in the amount of $24,266; Mel Fisher "Reefs, Wrecks and Rascals", October 15, 2003 - July 15,2004, in the amount of $20,645; Key West Pops Orchestra, November 2003 - February 2004, in the amount of $11,523; Florida Keys Outdoor Art Festivals, November 2003 - March 2004, in the amount of $14,243; South Florida Center for the Arts, November 2003 - March 2004, in the amount of $15,054; Pops in the Park, November 2003 - April 2004, in the amount of $8,702; Tennessee Williams Theatre Season, November 2003 - May 2004, in the amount of$14,404; Impromptu Concerts, November 2003 - July 2004, in the amount of$4,801; Key West Symphony Season, December 2003 - June 2004, in the amount of$21,605; Island Art Fair, December 14,2003, in the amount of $2,680; 44th Key West House & Garden Tours, January - March 2004, in the amount of$4,801; Key West Writers Workshop, January 2004 - February 2005, in the amount of $6,722; Ernest Hemingway & Walker Evans: Three Weeks In Cuba, January 2004 - December 2004, in the amount of$21,605; Key West Literary Seminar, January 2004 - January 2005, in the amount of$14,404; Art Under The Oaks, January 17, 2004, in the amount of$6,575; Key West Craft Show, January 24-25,2004, in the amount of $4,000; Pigeon Key Art Festival, February 7-8,2004, in the amount of$17,469; Art In The Park, February 8 - March 26,2004, in the amount of$8,000; Old Island Days Art Festival, February 21-22,2004, in the amount of $4,000; Butterfly and Butterfly Gardening Month, April 1-30, 2004, in the amount of $4,000; Harry S. Truman Legacy Symposium, June 11-12,2004, in the amount of$1O,563; 20th Annual Underwater Music Festival, July 10, 2004, in the amount of $7,680; Florida Keys Birding and Wildlife Festival, October 1-3, 2004, in the amount of$21,852. Board granted approval of the following Fishing Umbrella Event Agreements for FY 2004 totaling $274,650: Ladies, Let's Go Fishing, October 19, 2003, in the amount of $2,500; APBA Offshore Worlds Billfish Tournament, November 19-21, 2003, in the amount of$4,350; Islamorada Sailfish Tournament, December 4-7,2003, in the amount of $7,000; Islamorada Junior Sailfish Tournament, December 12-14, 2003, in the amount of $2,000; Don Gurgiolo Sailfish Classic, December 17-19, 2003, in the amount of $3,500; Key Largo Sailfish Challenge, January 2-4,2004, in the amount of$5,000; John Muscarello Kingfish Tournament, January 9-11,2004, in the amount of$I,OOO; 19th Holiday Isle Sailfish Tournament, January 9-11,2004, in the amount of$3,500; Hog's Breath King Mackerel Tournament, January 23-25,2004, in the amount of$12,000; Islamorada Women's Sailfish Tournament, February 6-8,2004, in the amount of $2,500; Capt. Leon Shell Memorial Billfish, February 20-21,2004, in the amount of $6,000; Del Brown Permit Tournament, March 9-12,2004, in the amount of2,500; Islamorada All Tackle Spring Bonefish, March 16-19, 2004, in the amount of $2,000; Key West Fishing Tournament, April - November 2004, in the amount of $45,000; Ghost Hunt, April 3-4, 2004, in the amount of 10/15103 2003/258 $4,000; World Sailfish Championship, April 13-17, 2004, in the amount of$35,000; Key Largo Dolphin Tournament, April 23-25, 2004, in the amount of$5,350; Shell Key West Classic, April 28 - May 1,2004, in the amount of $20,000; Coconuts Dolphin Tournament, May 21-23,2004, in the amount of$14,000; Yamaha Dolphin Masters Invitational, May 29,2004, in the amount of $1,000; Lower Keys Chamber of Commerce, June 4-6,2003, in the amount of $6,500; Don Hawley Invitational Tarpon Tournament, June 6-11,2004, in the amount of$3,000; Cancer Foundation Dolphin Tournament, June 11-13,2004, in the amount of $2,500; 18th Father's Day Dolphin Derby, June 18-20,2004, in the amount of$4,500; Gold Cup Tarpon Tournament, June 20-25, 2004, in the amount of $2,000; 4th Dolphin and Blackfin Fun Fishing Tournament, June 25-27,2004, in the amount of $4,000; Key West Gator Club Dolphin Derby, June 25-27,2004, in the amount of $6,000; Lower Keys Permit All Tackle, July 7-10,2004, in the amount of2,500; Holiday Isle Caribee Dolphin Tournament, July 9-11,2004, in the amount of$3,325; Geiger Key Marina Dolphin Tournament, July 9-11,2004, in the amount of$I,875; Key West Marlin Tournament, July 21-24,2004, in the amount of $20,000; Mercury Redbone @ Large Little Palm Island Slam, August 17-19,2004, in the amount of$3,250; Mercury Redbone Celebrity SLAM, September 10-12,2004, in the amount of$15,000; Mercury Redbone Celebrity Baybone Tournament, October 1-3,2004, in the amount of$10,000; Mercury Outboard's Bonefishing All Tackle Tourn., October 13-17, 2004, in the amount of $2,000; Ocean ReefB TU Backbone Classic, December 2-4,2003, in the amount of $4,000; Mercury Cheeca Redbone Celebrity Tournament, December 3-5, 2004, in the amount of $6,000. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering the Key West Race Week 2004 on January 18-23,2004, in an amount not to exceed $45,000, FY 2004, Third Penny, DAC I allocation. Board granted approval and authorized execution of a Destination Event Agreement between Monroe County and the Upper Keys Rotary Foundation covering the Upper Keys Rotary Gigantic Nautical Flea Market on February 20-22,2004 in an amount not to exceed $10,000, DA V IV, FY 2004, Third Penny Event Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Islamorada Village of Islands to extend Agreement for the Amphitheatre project until March 1,2004. Board adopted the following Resolution transferring funds. RESOLUTION NO. 466-2003 Said Resolution is incorporated herein by reference. Board granted approval of changes to the Monroe County Tourist Development Council Operations Manual in Sections II and IV referring to Radio Advertising. Board granted approval to rescind the Interlocal Agreement for Grant of Funds between Monroe County and the City of Marathon for the Phase II project to construct an Amphitheater. 10/15103 2003/259 Board granted approval of Mr. Joe Dowda as a District V Dive Umbrella Representative to replace Mr. Todd Firm who was appointed as a Tourist Development Council Representative. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Upper Keys Rotary Foundation covering Bay Jam 2004 on April 17,2004 in an amount not to exceed $10,000, DAC IV, FY 2004, Third Penny Event Resources. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Key West Investment Syndicate, Inc. to revise scope of services and delete reference to APBA (American Power Boat Association) November 17-23,2003 in an amount not to exceed $85,000, DAC I, Third Penny Event Resources. DIVISION OF PUBLIC WORKS Board granted approval of Change Order NO.2 between Monroe County and D. L. Porter Constructors for the Demolition of the Public Service Building on Stock Island. DIVISION OF GROWTH MANAGEMENT Board granted approval to advertise an Ordinance amending Chapter 5.5, Monroe County Code (Boats, Docks and Waterways) to add the definition ofa No Anchor Zone, Sec. 5.5-1, and modify 5.5-108 to provide for no anchor zones and to establish Varadero Beach as a no anchor zone; Providing for Severability; Providing for repeal of inconsistent ordinance clauses; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal ofDV3A3823 located off of Marie' s Yacht Harbor, Marathon. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the emergency replacement of buoy systems #11 & #12 Jolly Rogers. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal ofDV3A3778 located off of the front side of Christmas Tree Island, Key West. Board granted approval for one Restrictive Covenant from Robert and Patricia Holeman to have one dwelling unit on contiguous lots described as Sec. 14, Twp 61, Rng 39 Island of Key Largo Part Lot 2 a.k.a. Lots 7,8, & 9, Block 3, Unrecorded Plat of Ocean a, Key Largo (RE: #00085460.000000 & 00085470.000000), Permit No. 02-3-4095. The applicants are receiving a dwelling unit allocation award for the year ending July 13,2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for a Single Family Residence Restrictive Covenant from Walter and Ellen Rentz to have one dwelling unit on Lots 9, 10, and westerly 15 feet of Lot 11, Block 2, Anglers Park Shores, Key Largo (RE: #00468630.000000), Permit No. 03-3-2904. 10/15/03 2003/260 Board granted approval of a Lot Aggregation Restrictive Covenant from Trevor C. and Nicki Jo Mann to have one dwelling unit on contiguous lots described as Lots 2, & 3, Block 2, Winston Park, Key Largo, Permit No. 02-3-2162. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of three buildable lots from Stephen and Anne R. Sunkel to Monroe County by Warranty Deeds, Permit No. 02-1-1587 for Lot 7, Block 2, Doctor's Arm Subdivision, Big Pine Key; Lot 7, Block 9, Koehn's Subdivision, Big Pine Key; and Lot 25, Linda-Loma Subdivision First Addition, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of five buildable lots from Dean Parkinson for Edward Schultz to Monroe County by Warranty Deeds, Permit No. 02-3-4049, for Lot 14, Block 34, Sands Subdivision, Big Pine Key; Lot 6, Block F, Pine Heights Subdivision, Big Pine Key; and Lot 10, 11, & 12, Block 19, Buccaneer Beach Estates, Pieces of Eight Key. Board granted approval for the transfer of one buildable lot from Earl Jay and Susan Hover to Monroe County by Warranty Deed, Permit No. 01-1-2580 for Lot 11, Block 1, Ramrod Sores Marina Section, Ramrod Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Raymond and Caroline Vazquez to Monroe County by Warranty Deed, Permit No. 01-1-0854 for Lot 1, Block 4, Port Pine Heights, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval and authorized execution of Amendment 1 to Memorandum of Understanding No. DOH-Ol 2001 between Monroe County and the Florida Department of Health, Monroe County Health Department to implement a Homeowners Wastewater System Assistance Program providing additional funds in the amount of approximately $23,475.72 in order to close-out and complete the program. Board granted approval for the transfer of two buildable lots from Stephen M. and Rochele L. Miller to Monroe County by Warranty Deed, Permit No. 03-1-2585 for Lots 20 & 21, Block D, Pine Heights Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of three buildable lots from Canilo A Crespo and Dean and Lauren L. Thompson to Monroe County by Warranty Deeds, Permit No. 03-1-2584 for Lots EE & 00, Galleon Bay, No Name Key; and Part Government Lot 1, Sec. 20, Twp. 66, Rng. 29, Little Torch Key (RE: 00113050.000300). The applicants are receiving a dwelling unit 10/15103 2003/261 allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of four buildable lots from Kim H. and Juanita Lee Fisher to Monroe County by Warranty Deed, Permit No. 03 -1- 2375, for Lots 15, 16 & 17, Summerland Estates Re-Sub. NO.1 Summerland Key; Pt. Lot 3 (Sec. 21, Twp. 66, Rng. 29) Little Torch Key (RE: 00113230.000000). The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. SHERIFF'S DEPARTMENT Board granted approval and authorized execution of a Municipal Police Services Contract with the Village of Islamorada, Monroe County Sheriff's Office and the BOCC. Board granted approval and authorized execution of a contract for local police services by the City of Layton, Monroe County Sheriff's Office and the BOCC. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution to approve amending the Monroe County Community Development Block Grant (CDBG) by reallocating Housing Rehabilitation funds to sewer hookup funds. RESOLUTION NO. 467-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing Monroe County's State Housing Initiative Partnership (SHIP) Program Administrator to execute Ship Mortgage Subordinations. RESOLUTION NO. 468-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution providing for a change in terms of a Monroe County SHIP Program Mortgage Loan in support of affordable rental housing. RESOLUTION NO. 469-2003 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Mayor Spehar's item to start negotiations for the purchase of the proposed 1.3 acre parcel ofland on Stock Island for the badly needed Stock Island Firestation. 10/15103 2003/262 Board granted approval of Mayor Spehar's reappointment of Kirk Bondurant to the Human Services Advisory Committee with term commencing on November 2,2003 and ending November 1, 2005. Board granted approval for Community Development Block Grant funds and the CDBG Housing Rehabilitation Work Activity Funding to be reserved for the Stock Island Wastewater Project. Total funding for Stock Island lowlvery low qualified applicants is projected to be $837,500. The deadline for the application period has been extended to October 31, 2003, to provide enough time for qualified lowlvery low-income homeowners and/or owners of property on behalf of tenants that meet lowlvery low-income requirements. Board granted approval of Commissioner McCoy's reappointment of John Parks to the Housing Finance Authority for a consecutive four year term, commencing November 2,2003 and expiring November 1, 2007. Board granted approval of Commissioner McCoy's reappointment of Alexsandra Leto to the Human Services Advisory Board for a consecutive two year term, commencing November 2, 2003 and expiring November 1, 2005. Board granted approval of Commissioner Neugent's appointment of Ralph Close to the Library Advisory Board, commencing October 15, 2003 and expiring October 14,2007. Board granted approval of Commissioner Neugent's reappointment of Denise Werling to the Planning Commission, commencing November 2,2003 and expiring November 1, 2005. Board granted approval of Commissioner Neugent's item concerning adoption of the following Resolution urging the legislature to enact new laws regarding criminal liability laws for falsifying individual financial statements and pollution/hazardous material reports. RESOLUTION NO. 470-2003 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Neugent's item that requests a letter from the Mayor to the Department of Environmental Protection, Secretary Struhs expressing support of The Florida Keys Marine Sanctuary Advisory Council's outrage of the dumping of eflluent from Piney Point phosphate facility into the Gulf of Mexico. COUNTY CLERK Board approved the following Warrants (2367-2436 & 89720-90899 & 205809-205991): General Fund (001), in the amount of$I,094,618.75; Sup to General Revenue (002), in the amount of$23,174.67; Fine & Forfeiture Fund (101), in the amount of$82,662.75; Road and Bridge Fund (102), in the amount of$100,356.86; Law Library Fund (103), in the amount of 10/15103 2003/263 $2,356.86; TDC District Two Penny (115), in the amount of$197,970.69; TDC Admin. & Promo 2 Cent (116), in the amount of$227,345.71; TDC District 1,3 Cent (117), in the amount of$247,116.38; TDC District 2, 3 Cent (118), in the amount of$21,702.33; TDC District 3, 3 Cent (119), in the amount of$61,160.20; TDC District 4, 3 Cent (120), in the amount of$1O,917.85; TDC District 5, 3 Cent (121), in the amount of$;153,902.27; Gov. Fund Type Grants (125), in the amount of $984,108.74; Impact Fees Police Fac (134), in the amount of$104,398.28; Fire & Amb Dist 1 L&M Keys (141), in the amount of $58,644.22; Upper Keys Health Care (144), in the amount of$57.34; Fire & Amb Dist 6 Key Largo (146), in the amount of$21,780.90; Uninc Svc Dist Parks&Rec (147), in the amount of $20,693.30; Plan, Build, Zoning (148), in the amount of$8,994.78; Municipal Policing (149), in the amount of$154,328.07; 911 Enhancement Fee (150), in the amount of$89,534.64; Duck Key Security (152), in the amount of$5,593.60; Local Housing Assistance (153), in the amount $1,922.70; Boating Improvement Fund (157), in the amount of$23,321.65; Misc. Special Revenue Fund (158), in the amount of$16,732.95; Law Enforcement Trust (162), in the amount of$72,005.61; Clerk's Rev Note, Debt (206), $75,750.00; 1 Cent Infra Surtax (304), in the amount of$83,190.79; Clerk's Rev Note, Capital (306), $6,000.00; 2003 Revenue Bonds (307), in the amount of$14,697.67; Card Sound Bridge (401), in the amount of $24,230.02; Marathon Airport (403), in the amount of$115,695.32; Key West Inti. Airport (404), in the amount of$I,438,327.91; MSD Solid Waste (414), in the amount of $1,552,870.58; MSD Debt Service, (415), in the amount of$216.51; Worker's Compensation (501), in the amount of$4,888.43; Group Insurance Fund (502), in the amount of$164,214.46; Risk Management Fund (503), in the amount of$116,588.30; Fleet Management Fund (504), in the amount of$74,050.23. Board approved the following Fines & Forfeiture. FINES & FORFEITURES Court Reporter Services, Suzanne Ex dba All Keys Reporting, in the amount of$471.00; Competency Evaluation, A Louis Oconner PHD, in the amount of$950.00; Care Center for Mental Heath, in the amount of$I,350.00; James W. Holbrook EDD, in the amount of $1,300.00; Pamela A Strother, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of $510.00; Claudia M. Hancock, in the amount of $300.00; Estrella Garcia, in the amount of$100.00; Jacob Zucker, in the amount of$30.00; Jose R. Menendez, in the amount of $250.00; Maria Sanchez, in the amount of$25.00; Marketa Trnka, in the amount of $25.00; Martha Hernandez, in the amount of$130.00; Pilar Nelson, in the amount of$22.50; Yolande Findlay, in the amount of$25.00. Witness Coordination, Witness Travel & Per Diem, in the amount of$I,078.00. Court Appointed Attorney Fees - Conflict, Feldman, Koenig & Highsmith, in the amount of$3,875.00; James W. Holbrook, in the amount of$350.00; Monica Matthews Santana, in the amount of$399.67; Rayme Suarez, in the amount of$I,440.00; Richard Wunsch, in the amount of$1,971.25; Timonthy Nicholas Thomes, in the amount of $1,020.00; Tom Woods, in the amount of$350.00. Other Services Circuit, Sherri L. Collins, in the amount of$8.75; Quality Copy Acquisition, in the amount of$I,557.39. Miscellaneous Expenses, State of Florida, in the amount of$800.70. Extraditions, Monroe County Sheriff's Dept., in the amount of$II,549.46. 10/15/03 2003/264 TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of September 2003: Advertising, in the amount of $206, 122.72; Bricks & Mortar Projects, in the amount of$122,576.06; Visitor Information Services, in the amount of $24,416.64; Events, in the amount of$40,147.14; Office Supplies & Oper Costs, in the amount of$48,764.21; Public Relations, in the amount of$105,945.53; Sales & Marketing, in the amount of $43,742. 12; Telephone & Utilities, in the amount of$6,166.00; Travel, in the amount of$1O,806.52. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of August 20, 2003. COUNTY ADMINISTRATOR Board granted approval of the appointment of Mr. Kerry Shelby to the Health Council of South Florida Board of Directors, commencing on October 15,2003 and expiring on October 14, 2005. Board granted approval of the reappointment of Diane Silvia to the Historic Preservation Committee, commencing November 2,2003 and expiring November 1, 2005. Board confirmed the County Administrator's appointment of Brenda Beckmann to be the Trauma Director of the Upper Keys Healthcare Taxing District (UKHTD). Board granted approval and authorized execution of a Second Amendment to Agreement for the Purchase of Lands concerning the Quay property. COUNTY ATTORNEY Board granted approval and authorized execution of a code enforcement lien Settlement Agreement with Lyle Starr, Case No. MI2-02-149. Board granted approval of a request for the Board to schedule a closed attorney-client session for November 19, 2003 in Key Largo to discuss settlement negotiations or strategy session related to litigation expenditures in the case of Karl Loose v. Monroe County. Present at the session will be the Board, the County Administrator, the County Attorney, Assistant County Attorney Bob Shillinger, and outside counsel Scott Siverson, Esq. Board granted approval and authorized execution of a code enforcement lien Settlement Agreement with Don Brown aka the Hitch King, Case No. L5-02-896. Board granted approval to advertise an Ordinance amending Sec. 6-85(a) Monroe County Code, concerning the term of office of Contractors Examining Board members; Providing for 10/15103 2003/265 Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Board granted approval to advertise an Ordinance amending Sec. 13.5-5(a)(4) Monroe County Code, in order to change the name of the park from Big Coppitt Park to Big Coppitt Volunteer Fire Department 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. Board granted approval to advertise an Ordinance authorizing a Lump Sum Years of Service Award to certain eligible volunteer firefighters who have provided at least (10) years of fire, rescue and emergency, medical services to the residents and visitors of Monroe County and each have reached the age of sixty; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Board granted approval and authorized execution of a Special Deed between Monroe County and the School Board of Monroe County, Florida for Abandoned Property. This property was previously abandoned by the County and given to the School Board. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Commissioner Rice abstained from voting. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval of the following items: Grant Adjustment Notice 2 to the Contract with Florida Department of Law Enforcement for the Residential Substance Abuse Treatment Grant, Contract #03-CJ-2J-II-54-01-006 changing the expiration date from September 30,2003 to March 14,2004. Contract Amendment between Monroe County and the Care Center for Mental Health, Inc., for the substance abuse treatment program offered at the Detention Center, using funds from the Residential Substance Abuse Treatment Grant. Approval for Monroe County to apply for a Substance Abuse Community Coalition Mini-Grant. This opportunity was discussed at the Substance Abuse Policy Advisory Board meeting on October 3,2003. A proposal to conduct a County-wide substance abuse needs assessment. Agreements between Monroe County and Human Service Organizations, totaling $1,304,950 funded by Monroe County for Fiscal Year 2004, for which funding recommendations are made by the Human Services Advisory Board. The Agreements are as follows: American Red Cross of Greater Miami and the Keys to provide direct services to the citizens of Monroe County, such as disaster assistance, emergency communications, and health and safety training, in the amount of $24,724.00; Big Brothers/Big Sisters of Monroe County, Inc. to perform and carry out children's services, including companionship and development services to young persons living in 10/15103 2003/266 Monroe County, in the amount of$21, 164.00; Big Pine Key Athletic Association, Inc. to provide funding for youth programs for children of Monroe County, in the amount of $40,000.00; Boys and Girls Club of the Keys Area, Inc. to provide funding for facilities and services for recreational use and social functions of the community in a wholesome environment free from drugs and alcohol, in the amount of $29,669.00; Care Center for Mental Health of the Lower Keys, Inc. annual appropriation that provides funding for mental health and guidance services for Monroe County Citizens, in the amount of$193,035.00; Caring Friends for Seniors, Inc. provides funding to perform companionship and related services to elderly persons living in Monroe County, student organizations are matched with senior citizens to bridge the gap between generations, in the amount of$10,000.00; Catholic Charities provides funding for services such as housing assistance, housing-related emergency services, soup kitchen services, distribution of used and donated furniture, and disaster recovery services, in the amount of $19, 135.00; Domestic Abuse Shelter, Inc. provides funding to perform services such as shelter, counseling and other appropriate services to battered spouses, in the amount of $28,702.00; Florida Keys Children's Shelter, Inc. provides funding to perform services such as shelter, and early intervention and prevention programs for youths and their families, in the amount of $98,897.00; Florida Keys Outreach Coalition, Inc. provides funding to perform services such as shelter, and other services for homeless persons in Monroe County, in the amount of$19,708.00; Guidance Clinic of the Middle Keys, Inc. provides funding for various mental health and transportation-disadvantaged services in Monroe County, in the amount of$754,549.00; Guidance Clinic of the Upper Keys, Inc. provides funding to perform mental health services such as counseling in Monroe County, in the amount of$91,935.00; Heart of the Keys Recreation Association, Inc., provided funding for youth programs for children of Monroe County, in the amount of $29,669.00; Helpline, Inc. provides funding for crisis intervention and referral services, in the amount of$14,835.00; Hospice of the Florida Keys, Inc. provides funding for medical psychological, physical, and social needs of terminally ill persons and their families in Monroe County, in the amount of$390,559.00; Literacy Volunteers of America - Monroe County, Inc. provides funding for literacy training of citizens of Monroe County, in the amount of $6, 132.00; Monroe Association for Retarded Citizens, Inc. provides funding for services for retarded citizens of Monroe County, in the amount of$47,836.00; National Heritage Foundation, provides funding for the Just 4 Kids Program, which serves the needs of school-age children in Monroe County; PACE Center for Girls of Monroe County, Inc. provides funding for educational services for at-risk adolescent girls and young women of Monroe County, in the amount of $22,746.00; Rural Health Network of Monroe County, Florida provides administration and promotional activities related to the Florida KidCare program in Monroe County, in the amount of$34,614.00; Samuel's House, Inc. provides funds for housing of women and children, in the amount of$37,581.00; United States Fellowship of Florida, Inc. provides funding for assisted living facilities with limited mental health support, in the amount of$39,559.00; Wesley House Community Center, Inc. provides funding for day care, education, and skill development services for children in Monroe County, in the amount of$91,657.00; Womankind, Inc. provides funding for women's health care services, in the amount of $24,724.00; YMCA of Greater Miami, Inc., provides funding for youth programs, such as after-school care, summer camp, sports and tennis at Key Largo Community Park. Recommendations of the Substance Abuse Policy Advisory Board (SAPAB) regarding the use of Local Law Enforcement Block Grant (LLEBG) funds and authorized the Grants Administrator to complete online request for draw down offunds in accordance with U.S. Dept. 10/15103 2003/267 of Justice Bureau of Justice Assistance procedure: fund the Monroe County School District at $14,932.00 in LLEBG and County match funds, and Juvenile Drug Court at $54,928.00 in LLEBG and County match funds; and an additional recommendation to fund Juvenile Drug Court at $14,932 from the Drug Abuse Trust Fund. Certificate of Acceptance of Subgrant Awards between Monroe County and the Florida Department of Law Enforcement for programs funded by the Fiscal Year 2004 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program: Boys & Girls Club Street S.M.AR.T. Gang Prevention 3, Grant No. 04-CJ-J3-11-54-01-016; Transitional Housing for the Homeless Substance Abuse Prevention Program 4, Grant No. 04-CJ-J3-54-01-017; Peacock Apartments Dual Diagnosed Offender Program 2, Grant No. 04-CJ-J3-11-54-01-020; and Monroe Youth Challenge Program 3, Grant No. 04-CJ-J3-11-54-01-019. Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds Agreements with the following providers: Boys and Girls Club; Monroe County Sheriff's Department; Florida Keys Outreach Coalition; and United States Fellowship of Florida d/b/a/ Peacock Apartments. Motion carried unanimously, with Commissioner Rice abstaining. Public Works Director Dent Pierce, and County Administrator James Roberts addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of a revision to the fee structure for the use of Monroe County Government Meeting Rooms and Channel 16 televising costs. Motion carried unanimously. County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval to rescind contract awarded July 15, 2003 to Paul Lin & Associates and authorized execution of a revised Contract between Monroe County and Paul Lin & Associates with a proposal price in the amount of $24,400 to perform engineering services to obtain environmental permits to construct a culvert for the Breezeswept Beach Estates Special Taxing District. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the Monroe County Public Library Plan of Service 2004-2006, submitted by Normal Kula, Director of Libraries, dated September 30,2003. Motion carried unanimously. DIVISION OF PUBLIC WORKS County Attorney Richard Collins addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting conceptual approval to waive Purchasing Policies and Procedures and enter into a contract with WindTech to replace windows at the Gato Building to meet FEMA grant requirements and time constraints. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT 10/15103 2003/268 Growth Management Director, Tim McGarry addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution repealing Resolution No. 211-2003 (planning Service Fee Schedule) 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. Motion carried unanimously. RESOLUTION NO. 470A-2003 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval and authorizing execution of Amendment NO.7 to Agreement between Monroe County and URS Corporation Southern, dated March 3, 1997, for provision of transportation consulting services under the current contract. Motion carried unanimously. The following individuals addressed the Board: D. Leeson, Karen Wray, representing Safe Harbor; Karl Walters, representing Key Tex-Condo; Catherine Harding, representing Safe Harbor Seaport; David 1. Pfent, representing Key Tex Shrimp Docks Condo; Alice F. Petrat, representing Key Tex Dock Condo Association; Walter Crumbley, representing Safe Harbor Marina; Robbie Reckwerdt, representing Robbie's Marina; and Daniel H. Hamilton, representing Boyd's Key West Campground. Mr. McGarry also addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval of recommendations from the RFP Review Committee to select the firm of Wallace, Roberts, and Todd, LLC to complete the Professional Services to Prepare a Harbor PreservationlRedevelopment Area and a Corridor Enhancement Plan for Stock Island in the Florida Keys and direct staff to enter into contract negotiations with this firm: if the Staffis unable to successfully negotiate a contract with this firm, it is authorized to enter into negotiations with the second ranked firm. Roll call vote was unanimous. Glen Owens, representing Tamarac Park discussed an Agreement between Monroe County and Tamarac Park Homeowners Association for management of the Geiger Key Boat Ramp with approval to waive insurance requirements. Marine Resources Director George Garrett and Mr. Roberts addressed the Board. This item was referred to Staff. DIVISION OF PUBLIC WORKS Jose Gonzalez, representing Gonzalez Architects updated the Board for work being performed at Jackson Square. Yvette London, representing Harvard, Jolly, Clees, Toppe Architects updated the Board on the status of the design of the new Medical Examiner's Facility. 10/15103 2003/269 FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner David P. Rice, Mayor Dixie Spehar and Chairperson Kevin Madok. Monroe County Fire Chief Clark Martin reported to the Board a fire that had occurred on Key Haven yesterday, October 14, 2003. Motion was made by Mayor Spehar and seconded by Commissioner Rice to accept the proposal and authorized execution of an Agreement between the Board of Governors, Fire and Ambulance District 1 of Monroe County and Medtronic Phsio-Control Corporation for the maintenance of biomedical equipment for Fire and Ambulance District 1, in the amount of $14,376, commencing November 1,2003. Motion carried unanimously. There being no further business, the meeting of the Board of Governors was adjourned. * * * * * * The Board of County Commissioners reconvened with all Commissioners present. COUNTY ADMINISTRATOR Mr. Roberts and Mr. Collins addressed the Board concerning consideration of a request from the City of Marathon for funding of road improvements for the Little Venice area. This item was tabled. W ASTEW A TER ISSUES The Board discussed an Interlocal Agreement with FKAA for an engineering design/performance study for Big Coppitt Key wastewater treatment. Mr. Collins addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy granting approval of the agreement with the following change: 5. The purpose of the agreement is to provide funding to the FKAA to prepare an RFP for a design build facility in the three areas cited. Roll call vote was unanimous. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of a Loan Agreement between Monroe County and Key Largo Wastewater Treatment District in the total amount of$914,285. Motion carried unanimously. 10/15103 2003/270 The Board was provided with a copy of the written Update briefing on wastewater management projects and issues, dated October 10, 2003. The Board discussed a Resolution adopting funding priorities and ratios for wastewater projects funded under the Florida Keys Water Quality Protection Act of 2000 with specific separation of Key Largo Wastewater Treatment District and Monroe County projects. The Clerk entered as part of the official record letters from Chairman Andrew Tobin, Commissioner Charles Brooks, and Jerry Wilkinson, representing the Key Largo Wastewater Treatment District. Mr. McGarry addressed the Board. After discussion, Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to dismiss the item. Motion carried unanimously. Mr. Roberts addressed the Board. Mayor Spehar discussed the format for the 6:00 PM meeting in reference to the wastewater collection system project on Stock Island. Owen Trepanier addressed the Board. Motion was made Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution, as amended, committing funds to assist low and very low income households in the payment of wastewater connection fees and in making necessary and related on-site improvements for project areas located in the Stock Island, Bay Point, Conch Key, and Key Largo (Key Largo Trailer Village, Key Largo Park and Sunset Waterways) Wastewater project areas, based on specific funding projections provided by the Monroe County Housing Authority and adopting an implementation plan for utilization of county funds to be administered through the Monroe County Housing Authority for eligible households seeking assistance under the program. Said amendment as follows: Attachment 2, Implementation Plan for Wastewater Assistance for Low and Very-Low Income Households - Page 2, last paragraph: Assistance will be provided as a loan. Applicants will execute a note secured by a mortgage on the subject property. The term of the note will be for three (3) five (5) years at zero (0) percent interest and requires no regular payments. The principal balance shall be forgiven by +t3ftl1/5th annually on the anniversary date. The mortgage shall contain affordability covenants that require that during the term of loan, the property shall be rented on an annual lease to very- low and low-income households subject to annual income certification. Motion carried unanimously. RESOLUTION NO. 471-2003 Said Resolution is incorporated herein by reference. Mr. Garrett addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval and authorizing execution of Amendment 6 to CH2MHill Contract to complete the Sanitary Wastewater Master Plan for Monroe County. Roll call vote was unanimous. Jim Reynolds, Executive of the Florida Keys Aqueduct Authority addressed the Board. 10/15103 2003/271 The Board accepted the written Growth Management Litigation Report from attorney Karen K. Cabanas of the firm Morgan & Hendrick. COMMISSIONERS' ITEMS Mayor Spehar discussed her item concerning action to reimburse all legal fees, expert witness fees and court costs incurred by Frederick Geibelt and Robert Framarin v. Monroe County, Florida and James Roberts, Case No. CAK-02-1351, and that Morgan & Hendrick return all legal fees charged to Monroe County for the Geibelt matter. Commissioner McCoy requested that the item be remanded to the County Attorney for further review. Mr. Collins addressed the Board. Motion was then made by Mayor Spehar and seconded by Commissioner Neugent requesting the County Attorney to seek an independent legal audit firm to conduct a review. Motion carried unanimous. COUNTY ADMINISTRATOR Motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval and authorizing execution of an Interlocal Agreement between Monroe County and the Monroe County School Board for the Use of County Meeting Rooms. Motion carried unanimously. The Board discussed approval of an appointment to the Contractor's Examining Board, with term to commence October 15,2003 and expire October 14,2006. Mayor Spehar nominated Alma Raymond and Commissioner Nelson nominated Chris Fleming. The Board voted on the two nominations. After the tabulation, the Clerk announced that Alma Raymond was selected. PUBLIC HEARING The first of three Public Hearings was held concerning the creation of Article VII in Chapter 5.5 of the County Code of Ordinances, "Boats, Docks and Waterways," prohibiting diving and snorkeling within manmade waterbodies, and within 300 feet of marinas, improved residential, and commercial shorelines during the entirety of the two-day sport season for spiny lobster; Providing for Severability; Providing for the repeal of conflicting provisions; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. There was no public input. (The second of three Public Hearings is scheduled to be heard on Wednesday, November 19, 2003 at 3:00 PM at the Key Largo Library.) SOUNDING BOARD James M. Harvey and Kevin Braun discussed the pros of advertising the upcoming wastewater projects by the County and the FKAA as DesignlBuild/Operate instead of DesignlBuild. The Board took no official action. MONROE COUNTY TAX COLLECTOR 10/15103 2003/272 Monroe County Tax Collector, Danise D. Henriquez presented the Board with the Tax Collector's excess fees check. Ms. Henriquez also informed the Board that as of October 1, 2003, her office had taken over the Key Largo Office for issuance drivers licenses. The Tax Collector now serves the Key West, Marathon and Key Largo offices for driver's licenses. COMMISSIONERS' ITEMS Mayor Spehar discussed her item concerning direction to staff to start negotiations with the City of Key West to create a Homeless Safe Zone under the west end of the Monroe County Detention Center. Facility hours are proposed to be from early evening to early morning. The following individuals addressed the Board: Sloan Bashinsky, Joanne Alexander, representing Sunset Marina; Gwen Rodriguez, Peter Batty, Assistant City Manager John Jones; and Monroe County Jail Captain Tommy Taylor. Mr. Roberts also addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Rice appointing Commissioner Rice as the Board's point person on this matter. Motion carried unanimously. Mayor Spehar requested the status of bids on the County's group health insurance program. Mr. Roberts addressed the Board. COUNTY ATTORNEY Mr. Collins addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to reopen the agenda. Motion carried unanimously. Growth Management Litigation Counsel, James T. Hendrick addressed the Board and requested that the Board schedule a closed attorney-client session in accordance with F. S. Section 286-011(8) for the purpose of obtaining Board direction on the following: 1.) Negotiating litigation strategy to discuss Galleon Bay v. Monroe County; and, 2.) Mediation guidance on Industrial Communications & Electronics v. Monroe County. Present at the session will be the Board, County Administrator, County Attorney, Mr. Hendrick, Ms. Cabanas, Land Authority Director Mark Rosch, Land Authority Counsel Larry Erskine, and a consultant for Industrial Communications & Electronics. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent that the above matter be scheduled. Motion carried unanimously. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to hold the closed attorney-client session on Wednesday, October 29,2003 at 10:00 AM at the Harvey Government Center in Key West. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held concerning amending Section 9.5-309 and Section 9.5-367, Monroe County Code, clarifying how the height of fences is measured and allowing fences in residential areas to exceed 3 feet within the clear sight triangle if they are set back a minimum of 10 feet from the edge of the pavement; 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. Mr. McGarry addressed 10/15103 2003/273 the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance, as corrected. Said correction of scriveners error as follows: Sec. 9.5-367. Landscaping materials. All required landscaping materials shall be the types and minimum sizes set forth in this section. Canopy trees shall have a minimum of three (3) inches dbh or twelve (12) feet in height. Understory trees shall be a minimum offive (5) fee in height. Shrubs shall be a minimum of three (3) feet in height. Shrubs and hedges shall be maintained at a height not to exceed 3 feet if located within the clear sight triangle as defined in Section 9.5-427. Motion carried unanimously. ORDINANCE NO. 036-2003 Said Ordinance is incorporated herein by reference", A Public Hearing was held concerning adoption of the following Ordinance amending Section 9.5-316.1,9.5-316.2, and 9.5-317, and creating Section 9.5-319, Monroe County Code [Floodplain Management Regulations]; Providing for reorganization; Providing for definitions; Providing for revisions to regulations regarding residential nonconforming structures; Providing for inspections upon transfer of residential property; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and Providing an effective date. The Board accepted public input with the following individual addressing the Board: H. T. Pontin, representing Ramrod Key Yacht Club. Mr. McGarry and Mr. Collins addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 037-2003 Said Ordinance is incorporated herein by reference. Mr. Roberts and representatives ofURS, Consulting Engineers, made a presentation before the Board in reference to the wastewater collection system project on Stock Island. After the presentation, the following individuals addressed the Board: Gabriela Pozzi, representing Leo's Campground; Tross Murphy, Debra Richardson, Ray Vanyo, Carolee McReynolds, Elizabeth Devries, D. Leeson, Al Vercellino, Diana Flenard, Bruce Cronin, representing Harbor Shores & Key West Baptist Temple, Nancy Hillman, Harvey Davis, representing E. T. Mackenzie Co.; Jeff Weiler, representing Weiler Engineering; and William Smith, representing KW Resort Utility. No official action was taken. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners 10/15/03 2003/274 Monroe County, Florida ~~C.~~ Isabel C. DeSantis, Deputy Clerk