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10/17/2001 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, October 17, 2001 Key West, Florida 2001 /297 A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., on the above date in the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner Dixie Spehar, Commissioner Nora Williams, and Mayor George Neugent. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Hendrick, County Attorney; James Roberts, County Administrator arrived later in the meeting; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. Members of the Board thanked Mayor Neugent for calling an emergency meeting with all Mayors and respective City Managers and the public concerning heightened awareness of the threat of terrorism. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the additions, corrections and deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of a commendation to Sergeant Jerome Fain for the excellent service provided to the staff and to the citizens of Monroe County on an on -going basis. This service was especially noticeable immediately after the events of September 11, 2001, when Sergeant Fain made sure that the Key West Airport was and continues to be safe and secure for the visitors and residents, who use and depend on it. Presentation of Retirement Plaque to Mary Alexander, Library Technical Services Clerk, Key West, after 30 years of Public Library service. Presentation of Years of Service Award to Teresa Aguiar for fifteen (15) years of service to Monroe County. Presentation of Years of Service Award for 20 years of service to Monroe County to Maria Guerra, PBX Operator, Technical Services, Management Services Division. 10/ 17/2001 2001/298 Presentation of Years of Service Award for 20 years of service to William A. "Billy" Wagner, Senior Director, Emergency Management Department. Presentation of Years of Service Award for 20 years of service to Monroe County to Marty Gates, Supervisor, Roads & Bridges, Public Works Division. Presentation of Years of Service Award for 15 years of service to Monroe County to Ricky Norris, Carpenter, Facilities Maintenance, Public Works Division. Presentation of Employee of the Month Award for the Month of August, 2001, to Albert Adkins, Supervisor, Facilities Maintenance, Public Works Division. BULK APPROVALS Motion was made by Commissioner McCoy and seconded by Commissioner Williams granting approval of the following items: Board granted approval to rescind Board action of July 18, 2001 authorizing execution of a Renewal Agreement between Monroe County and the Monroe County Health Department for Small Quantity Hazardous Waste Assessment, Notification and Verification, and granted approval and authorized execution of a Renewal Agreement (with additional changes requested by the Vendor) between Monroe County and the Monroe County Health Department for Small Quantity Hazardous Waste Assessment, Notification and Verification. Board granted approval of a request by Conch Cruisers, Inc. (Salute Restaurant at Higgs Beach) for a temporary revised rental payment schedule for the months of September, 2001, through December, 2001. Board granted approval for the Fraternal Order of Police Southernmost Lodge #028 to place two beverage machines at Bernstein Park. Board granted approval and authorized execution of a Contract Renewal between Monroe County and Culver's Cleaning Company for the Rest Room Janitorial Service at Veteran's Memorial Park. Board granted approval and authorized execution of a Renewal of Management Agreement between Monroe County and Upper Keys Family YMCA for management of the Key Largo Community Park. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Barnes' Alarm Systems, Inc. to include the monitoring of the telephone emergency system on the elevator at the Gato Building. 10/17/2001 2001/299 Board granted approval and authorized execution of a Contract Renewal between Monroe County and Windswept Inc. d/b/a Windswept A/C & Appliances for the Central Air Conditioning Maintenance and Repair for the Middle Keys Facilities. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Indian Waterways Village Limited Liability Partnership for office space for the Upper Keys Public Defender. Board granted approval to award bid and enter into a Contract between Monroe County and Mowrey Elevator Service for complete elevator service maintenance for Monroe County. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to regrade Lytton's Way on Big Pine Key, from Key Deer Boulevard to Wilder Road. Board adopted the following Resolution authorizing each participant in the Length of Service Awards Program (LOSAP) to be credited with an additional year of service. RESOLUTION NO.367-2001 Said Resolution is incorporated herein by reference. Board granted approval to advertise an Ordinance authorizing a Lump Sum Years of Service Award to certain eligible volunteer firefighters whom each have provided at least ten (10) years of fire, rescue and emergency medical services to the residents and visitors of Monroe County and whom each have reached the age of sixty; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinance; and providing an effective date. Board granted approval to submit grant applications to the Florida Department of Health, Bureau of Emergency Medical Services, to fund vehicle, equipment and/or training projects and to have the applications signed by the property County authorities. Board granted approval for the Key West, Marathon, and Key Largo Libraries to close at 6:00 p.m. on Monday, December 24, 2001 and Monday, December 31, 2001. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Mr. William Fitch, lobster fisherman, for charter of vessel "Surprise" and observers, for sentinel lobster sampling project. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County (Nutrition Program) and GA Food Service, Inc. to renew Contract for one additional year, January 1, 2002-December 31, 2002. 10/17/2001 2001/300 Board granted approval and authorized execution of Amendment 001 to Contract AA-129 (1/1/01-12/31/01) between Monroe County and Alliance for Aging, Inc. The purpose of this amendment is to transfer $20,000 from Title III C-1 (Congregate Meals) to Titles III C-2 (Home -Delivered Meals) ($5,000.00) and III-B (In -Home Services, Support Services/Homemaking) ($15,000.00); and to revise fixed rates for some of the services under Contract. Board granted approval of Republic Parking System operating budget for 2001/2002, for parking lot operation at the Key West International Airport. Board granted approval and authorized execution of Supplemental Joint Participation Agreement Number 2 between Monroe County and the State of Florida Department of Transportation for additional funding for theTaxiway project at the Key West International Airport. Board granted approval and authorized execution of Supplemental Joint Participation Agreement Number3 between Monroe County and the State of Florida Department of Transportation for additional funding for the General Aviation apron at the Key West International Airport. Board granted approval to remove surplus equipment from inventory via disposal/destruction/trade in and advertising for bids. Said list is incorporated herein by reference. Board granted approval and authorized execution of the following Fiscal Year 2002 Human Service Organization Agreements with Monroe County: American Red Cross of Greater Miami and the Keys, in the amount of $250.00; Big Brothers/Big Sisters of Monroe County, Inc., in the amount of $20,000.00; Caring Friends for Seniors, Inc., in the amount of $10,000.00; The Domestic Abuse Shelter, Inc., in the amount of $25,000.00; Florida Keys Children's Shelter, Inc., in the amount of $30,000.00; Florida Keys Outreach Coalition, Inc., in the amount of $8,557.00; Habitat for Humanity of Key West and the Lower Keys, Inc., in the amount of $27,145.00; Helpline, Inc., in the amount of $13,572.00; Hospice of the Florida Keys, Inc., in the amount of $40,000.00; Literacy Volunteers of America - Monroe County, Inc., in the amount of $9,232.00; Monroe Association for Retarded Citizens, Inc., in the amount of $30,000.00; Monroe County Education Foundation, Inc., in the amount of $13,572.00; PACE Center for Girls of Monroe, Inc., in the amount of $23,000.00; Samuel's House, Inc., in the amount of $16,965.00; United State Fellowship of Florida, Inc., d/b/a Heron/Peacock, in the amount of $38,155.00; Wesley House Community Center, Inc., in the amount of $35,000.00; and Womankind, Inc., in the amount of $8,652.00. Board granted approval and authorized execution of the following Fiscal Year 2002 Contracts funded directly by the BOCC to provide funding for various mental health, cultural, and youth recreation services: Big Pine Key Athletic Association, Inc., in the amount of $40,000.00; Boys and Girls Club of the Keys Area, Inc., in the amount of $53,600.00; Care 10/17/2001 2001/301 Center for Mental Health of the Lower Keys, Inc., in the amount of $184,141.00; Guidance Clinic of the Middle Keys, Inc., in the amount of $679,221.00; Guidance Clinic of the Upper Keys, Inc., in the amount of $87,444.00; Heart of the Keys Recreation Association, Inc., in the amount of $18,000.00; Historic Florida Keys Foundation, Inc., in an amount not to exceed $30,000.00; and Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts, in the amount of $45,000.00. Board granted approval of recommendation of the Substance Abuse Policy Advisory Board (SAPAB) to use Local Law Enforcement Block Grant (LLEBG) funds for Juvenile Drug Court beginning October 1, 2002 and authorization for Grants Administrator to complete online request for drawdown of funds in accordance with U.S. Department of Justice Bureau of Justice Assistance procedure, and authorized execution of the Grant Award for same. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and Amending Resolutions: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO.368-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO.369-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO.370-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO.371-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO.372-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO.373-2001 Said Resolution is incorporated herein by reference. 10/ 17/2001 2001/302 Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO.374-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO.375-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO.376-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO.377-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO.378-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO.379-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO.380-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO.381-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO.382-2001 Said Resolution is incorporated herein by reference. 10/ 17/2001 2001/303 Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO.383-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO.384-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO.385-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO.386-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO.387-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO.388-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO.389-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO.390-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO.391-2001 Said Resolution is incorporated herein by reference. 10/17/2001 2001/304 Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 392-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO.393-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 394-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO.395-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 396-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO.397-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 398-2001 Said Resolution is incorporated herein by reference. There will be no Resolution No. 399-2001 on record. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 400-2001 Said Resolution is incorporated herein by reference. 10/17/2001 2001/305 Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO.401-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO.402-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO.403-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO.404-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO.405-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 38). RESOLUTION NO.406-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 39). RESOLUTION NO.407-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 40). RESOLUTION NO.408-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 409-2001 Said Resolution is incorporated herein by reference. 10/17/2001 2001/306 Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO.410-2001 Said Resolution is incorporation herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO.411-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO.412-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO.413-2001 Said Resolution is incorporated herein by reference. Amending Resolution No. 267-2001 (OMB Schedule Item No. 46). RESOLUTION NO.414-2001 Said Resolution is incorporated herein by reference. Board granted approval to advertise a budget amendment for fiscal year 2001 for the Key West International Airport Fund, #404. Board granted approval to advertise a budget amendment for fiscal year 2002 for the Key West International Airport Fund, #404. Board granted approval to spend roadway impact fees for safety improvements for existing segments of the Florida Keys Overseas Heritage Trail. Board granted approval to accept renewal with VFIS to provide Portable Equipment and Emergency Apparatus Insurance at a premium of $40,806 to be paid in four quarterly payments. Board granted approval to waive the lien on Worker's Compensation claim number 22-097-0001002. AIRPORTS Board granted approval to use the Marathon Airport on November 1 Oth, 2001 for a benefit concert for Grace Jones School, performed by Aaron Carter, a family member of the Backstreet Boys and resident of Marathon, contingent upon meeting all county requirements. 10/ 17/2001 2001/307 Board granted approval to use the Marathon Airport on January 19, 20, 21, 2002 for the Renaissance Faire, contingent upon meeting all county requirements. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the following Request for Expenditures from the Law Enforcement Trust Fund, in the total amount of $79,250.00: $25,000 This amount will go to the Monroe County School Board to be used towards various unbudgeted school programs. $10,800 This amount will be used to fund the Artworks Program for drug court teens and other youth at risk. $17,000 This amount will go towards the Commission for Florida Law Enforcement Accreditation, Inc. $ 4,150 This amount will go towards the Dare Program for Dare graduations. $13,100 This amount will go towards the Explorer/Cadet Program. $ 4,200 This amount will be used by Keys Kids to purchase the rights to "Little Shop of Horrors" to be performed in April, 2002. $ 5,000 This amount will go to Sugarloaf School towards playground equipment. Board granted approval to waive Monroe County Purchasing Policies and Procedures and issue a Purchase Order to Caswell Detroit Armor Companies, as a sole source vendor, for the purchase of a mobile firearms range for $207,520.00. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution adopting the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for State of Florida, Fiscal Years 2001-2002, 2002-2003, and 2003-2004 as amended, per the request of the Florida Housing Finance Corporation. RESOLUTION NO.415-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution adopting the Regional Allocation Procedure for distribution of private activity bond allocation cap within the Florida State Board of Administration, Division of Bond Finance Region 8 as recommended and approved by the Monroe County Housing Finance Authority. 10/ 17/2001 2001/308 RESOLUTION NO.416-2001 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board adopted the following Resolution supporting Senate Bill 100 or other similar legislation to increase funds deposited into the transportation disadvantaged trust fund. RESOLUTION NO.417-2001 Said Resolution is incorporated herein by reference. Board granted approval of funding from Growth Management Division resources for an engineering study to determine costs and feasibility of providing a "Lower" Lower Keys Regional Wastewater Treatment Plant facility to serve Bay Point south to Stock Island. Board adopted the following Resolution in support of the President of the United States and his national security team in defending against additional attacks and finding the terrorists and bringing them to justice. RESOLUTION NO.418-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution objecting to any State budgetary bills or other proposed State legislation which would result in Medicaid, Juvenile Justice, and other costs being shifted from the State to the Counties. RESOLUTION NO.419-2001 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Spehar's appointment of Julia Pranske to the Human Services Review Committee until its sunset. Board granted approval of Commissioner Spehar's appointment of Sally Lewis to the Beach Advisory Board, to replace the late Emma Cates, as the Citizen Representative. Board adopted the following Resolution in support of the ocean wilderness pledge. RESOLUTION NO.420-2001 Said Resolution is incorporated herein by reference. COUNTY CLERK FINES & FORFEITURES 10/17/2001 2001/309 Court Reporter Services, All Keys Reporting, in the amount of $358.00; Amy Landry Reporting, in the amount of $452.00; Associated Court Reporters, in the amount of $2,036.50; Cheryl McDonough, in the amount of $58.75; Goldman, Naccarato, Patterson Reporting, in the amount of $168.00; Robins Reporting Service, in the amount of $170.25; Wendy Warren, in the amount of $42.50. Competency Evaluation, James W. Holbrook EDD, in the amount of $1,000.00; Leslie Morgan PHD, in the amount of $350.00; Marshall Wolfe EDD, in the amount of $350.00; Tanju Mishara PHD, in the amount of $350.00. Court Interpreter, Alex Diaz, in the amount of $100.00; Ana M. Stults, in the amount of $165.00; Claudia M. Hancock, in the amount of $210.00; Estrella Garcia, in the amount of $340.00; Grace Connors; in the amount of $160.00; Jean C. Nelson, in the amount of $800.00; Jiri Dolezal, in the amount of $25.00; Joanna Nocun, in the amount of $25.00; Martha Hernandez, in the amount of $170.00; Mary Lou Waas, in the amount of $250.00; Sergio Alvarez, in the amount of $75.00. Witness Coordination, Witness Payroll, in the amount of $385.00; Witness Travel & Per Diem, in the amount of $217.50. Expert Witness Expenses, Michael S. Maher MD, in the amount of $3,089.50. Court Appointed Attorney Fees -Conflict, Carl Palomino, in the amount of $350.00; Christine Bollong, in the amount of $528.75; Christopher Meyer, in the amount of $1,065.00; Feldman, Koenig & Highsmith, in the amount of $975.00; Giovana L. Upson ESQ, in the amount of $592.50; Henry M. Storper MD, in the amount of $550.00; Hershoff, Lupino & Mulick, in the amount of $540.00; Jason R. Smith Attorney at Law, in the amount of $975.00; Jeffrey B. Meyer, in the amount of $1,410.00; Maria Betancourt Attorney at Law, in the amount of $350.00; Merrell F. Sands III, in the amount of $243.75; Richard M. Behr, in the amount of $1,347.00; Richard Wunsch, in the amount of $2,606.25; Roberta S. Fine PA, in the amount of $350.00; Stephen S. Isherwood, in the amount of $993.75; The Margalli Law Office PA, in the amount of $4,494.06; Victoria McFadyen, in the amount of $787.50. WARRANTS Board approved the following Warrants (#55189-56595 & 201465-201705): General Fund (001), in the amount of $1,217,264.11; Sup to General Revenue (002), in the amount of $29,208.03; Fine & Forfeiture Fund (101), in the amount of $85,229.37; Road and Bridge Fund (102), in the amount of $80,716.07; Law Library Fund (103), in the amount of $1,286.83; TDC District Two Penny (115), in the amount of $150,856.01; TDC Admin & Promo 2 Cent (116), in the amount of $103,772.00; TDC District 1,3 Cent (117), in the amount of $189,921.78; TDC District 2,3 Cent (118), in the amount of $11,268.27; TDC District 3,3 Cent (119), in the amount of $24,933.08; TDC District 4,3 Cent (120), in the amount of $25,504.60; TDC District 5,3 Cent (121), in the amount of $23,106.03; Gov. Fund Type Grants (125); in the amount of $330,861.15; Fire & Amb Dist 1 L&M Keys (141), in the amount of $46,819.77; Translator System Svc Dst (142), in the amount of $5,445.00; Upper Keys Health Care (144), in the amount of $70,224.49; Fire & Amb Dist 6 Key Largo (146), in the amount of $27,032.77; Uninc Svc Dist Parks & Rec (147), in the amount of $34,460.40; Plan, Build, Zoning (148), in the amount of $52,636.58; Municipal Policing (149), in the amount of $147,652.90; 911 Enhancement Fee (150), in the amount of $6,782.01; Duck Key Security (152), in the amount of $5,825.75; Local Housing Assistance (153), in the amount of $162,168.11; Misc. Special Revenue Fund (158), in the amount of $1,802.02; FL Keys Marine 10/17/2001 2001/310 Marathon (159), in the amount of $14,898.39; 1 Cent Infra Surtax (304), in the amount of $140,537.62; Clerks Rev Note, Capital (306), in the amount of $8,820.00; Card Sound Bridge (401), in the amount of $3,607.75; Marathon Airport (403), in the amount of $119,680.30; Key West Intl Airport (404), in the amount of $364,669.05; MSD Solid Waste (414), in the amount of $1,285,647.95; Worker's Compensation (501), in the amount of $58,699.43; Group Insurance Fund (502), in the amount of $209,661.96; Risk Management Fund (503), in the amount of $36,028.78; Fleet Management Fund (504), in the amount of $83,376.82; Law Enforcement Trust Fund (600), in the amount of $76,806.64. TOURIST DEVELOPMENT COUNCIL EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of September 2001: Advertising, in the amount of $269,334.54; Bricks & Mortar Projects, in the amount of $20,485.65; Chamber Payments, in the amount of $28,916.64; Events, in the amount of $35,960.68; Office Supplies & Oper Costs, in the amount of $41,292.66; Personal Services, in the amount of $29,125.24; Public Relations, in the amount of $42,717.11; Sales & Marketing, in the amount of $43,940.15; Telephone & Utilities, in the amount of $9,769.46; Travel, in the amount of $7,760.76. Board granted official approval of the Board of County Commissioners minutes from the Regular meetings of August 15 & 16, 2001. COUNTY ADMINISTRATOR Board granted approval of the re -appointment of Alice Allen to serve on the Historic Preservation Commission with term to expire October 14, 2003. COUNTY ATTORNEY Board adopted the following Resolution authorizing the County Administrator to execute the required documents transferring the 25 mooring buoys and the mooring field in Boot Key Harbor to the City of Marathon. RESOLUTION NO.421-2001 Said Resolution is incorporated herein by reference. Board granted approval for the Mayor to execute a Bill of Sale, Absolute to transfer the Moorings in Boot Key Harbor to the City of Marathon. Board adopted the following Resolution stating the Board's intent to transfer to Florida Keys Aqueduct Authority, Inc. ownership of a portion of Crawl Key for a wastewater treatment plant. RESOLUTION NO.422-2001 Said Resolution is incorporated herein by reference. 10/17/2001 2001 /311 Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a road right-of-way in Coral Shores Estates Subdivision, Little Torch Key, Monroe County, Florida. RESOLUTION NO.423-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Washington Avenue, Largo Beach, Tavernier, Florida. RESOLUTION NO.424-2001 Said Resolution is incorporated herein by reference. Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of a drainage and utilities easement between Lots 40 and 41, Block 4, Cudjoe Gardens second addition, Cudjoe Key, Florida. RESOLUTION NO.425-2001 Said Resolution is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Stephanie Cofer, Monroe County Construction Manager addressed the Board. After discussion, motion was made by Mayor Neugent and seconded by Commissioner McCoy granting approval to waive purchasing policies and procedures, dispensing with competitive bid procedures, to allow negotiation of a construction contract for emergency repairs to the Clock Tower at the Old County Courthouse in Key West. Motion carried unanimously. DIVISION OF PUBLIC SAFETY Public Safety Director, Reggie Paros reported to the Board that the County's rumor control phones are not being activated in regards to anthrax scares. Mr. Paros did however announce the phone number: 1-800-955-5504. DIVISION OF PUBLIC WORKS Ms. Cofer reported to the Board status of Old Settler's Park renovations in Tavernier. AIRPORTS Key West International Airport Manager, Peter Horton discussed projects upcoming and 10/ 17/2001 2001/312 current for the airport and the fact that airport revenues are down due to the September 11, 2001 tragedy. Mr. Horton also reminded the Board of the dedication of the new Air Rescue Firefighting Facility located at the Key West International Airport, scheduled for today at noon. COMMISSIONERS' ITEMS Mayor Neugent discussed the absence of the County Administrator due to his attendance at a trial in the County Courthouse Annex, and that he and others were being detained as the building was quarantined due to suspicious mail being brought into the Courthouse Annex. The Board discussed implementation of new procedures concerning mail and extra security. Mayor Neugent discussed his item with the Board concerning an appointment of a representative to the Affordable Housing Growth Management/Planning Commission Policy. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar appointing Commissioner Williams as the Board's appointment. Motion carried unanimously. Rick Casey, representing the Special Programs Office of the Monroe County Housing Authority addressed the Board. Mayor Neugent discussed his item with the Board regarding the possibility of holding a Board of County Commissioners special meeting in Key Largo concerning wastewater issues. Motion was made by Commissioner Nelson and seconded by Commissioner Williams to not hold a special meeting in Key Largo concerning wastewater issues but rather discuss any issues at the regular November Board meeting in Key Largo. Motion carried unanimously. COUNTY ADMINISTRATOR The Board discussed approval of the Board of County Commissioners monthly meeting dates for the year 2002. Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval for the third week of each month, except for the months of February and November to the second week. Motion carried unanimously. Said calendar is attached hereto. COUNTY ATTORNEY County Attorney James T. Hendrick reported to the Board on the following cases: Post, Buckley, Schuh, and Jernigan, and the receipt of a complaint against Monroe County filed in Federal Court concerning Industrial Communications and Electronics. Mayor Neugent discussed receipt of a letter from Ted E. Carter, Sr., owner of Keys Sanitary Service concerning specialty haulers not using Card Sound Road for C&D, per County Ordinance. Mayor Neugent announced that the Special Meeting held on Tuesday, October 16, 2001 concerning heightened awareness of the threat of terrorism would be aired this week Wednesday/Thursday/Friday on the County's Channel 16 at 7 P.M. 10/17/2001 2001/313 MONROE COUNTY TAX COLLECTOR Danise "Dee Dee" Henriquez, Monroe County Tax Collector presented the Board with the Tax Collector's excess fees checks for Fiscal Year 2000-2001. DIVISION OF PUBLIC WORKS Architect Bert Bender of the firm Bender & Associates Architects, P.A. updated the Board on the status of the Gato Building Renovation Project in Key West. COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning a presentation of materials produced by the Citizen Code Committee and expressed thanks for their efforts. The following individuals addressed the Board: Ron Stone, Peter Pike, Orin Opperman, and Kieran Mahoney. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to extend the terms of the Committee until June, 2002 and to also allow the Committee to elect their own Chairman. Roll call vote was unanimous. Commissioner Spehar discussed her item with the Board concerning approval to advertise an amendment to Section 6-32 of the Monroe County Code: clarifying the relationship of the four (4) year statute of limitations to the activity which can be prosecuted through Code Enforcement. The following individuals addressed the Board: Lloyd A. Good, Jr., David Paul Horan, and Ed Swift. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval to advertise the item, as revised. County Attorney James T. Hendrick addressed the Board. Said revision as follows: Page 1, 5th Whereas clause: WHEREAS, the BOCC of Monroe County has determined that it is necessary to revise Ordinance No. 029-2001 to disallow building permit issuance only to uses and improvements that may be successfully prosecuted by Monroe County Code Enforcement. Page 1, Section 1. Sec. 6-32. MCC, is hereby amended to read: Sec. 6-32 Unlawful uses and improvements. As used herein, an "unlawful use or improvement" is any use or improvement, existing on the effective date of this Ordinance, which is capable of Monroe County Code Enforcement prosecution. Except for building permits that are limited exclusively to addressing imminent risks to property and public health and safety, no building permit shall be issued for any use of improvement involving all or any portion of a parcel (as defined in section 9.5-4 (P-1) Monroe County Code) which contains an unlawful use or improvement until the parcel is brought into compliance with the provisions of Chapter 9.5, Monroe County Code. By way of illustration and not limitation, permits may be issued for repairs and replacement of roof and other building 10/ 17/2001 2001/314 structural components to the extent necessary to address imminent risks to property damage and public safety and health, such as for, but not limited to, the repair of leaking roofs and damaged roofs, walls, foundation; and violations of building, electrical, and mechanical, codes. Any such permit shall contain a provision requiring compliance with the provisions of Chapter 9.5 of the Monroe County Code by a date specified in said permit. Roll call vote was unanimous. DIVISION OF PUBLIC WORKS Jose Gonzalez of the firm Gonzalez Architects updated the Board on work being performed at the Jackson Square Project in Key West. Gwen Hawtoff, representing the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA) made a presentation to the Board for a proposed Dog Park adjacent to the Stock Island Detention Facility. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval with direction to Staff to work with the Sheriff and the FKSPCA to work out an appropriate Lease Agreement and/or Contract Amendment for future BOCC consideration. Motion carried unanimously. COMMISSIONERS' ITEMS Captain Lawrence S. Cotton from the Commanding Office of the Naval Air Station, Key West made a slide presentation concerning the Conditions of Readiness, Evacuation Plan and Recovery/Plan during a hurricane. County Administrator, James Roberts arrived at the meeting. AIRPORTS Motion was made by Commissioner Nelson and seconded by Commissioner McCoy to reopen the Agenda in order to re -add Agenda item GA concerning approval of award of bid for the Fixed Base Operator (FBO) and Sheriffs Aprons at the Florida Keys Marathon Airport to the lowest qualified bidder. Motion carried unanimously. Marathon Airport Director, Theresa Cook and Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of Schedule 1, 2, and Alternate 1 and the Award of Bid to the lowest qualified bidder, Toppino's, Inc., for the Fixed Base Operator (FBO) and Sheriffs Aprons at the Florida Keys Marathon Airport. Motion carried unanimously. Ms. Cook addressed the Board. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to reopen the Agenda in order to rehear Agenda item G.2 concerning approval to use the Marathon Airport on November 10, 2001 for a benefit concert for Grace Jones School, performed by Aaron Carter, a family member of the Backstreet Boys and resident of Marathon, contingent upon meeting all County requirements. Motion carried unanimously. After discussion, motion was made by Commissioner Williams and seconded by 10/ 17/2001 2001/315 Commissioner Spehar to change the date from Saturday, November 10, 2001 to Saturday, December 8, 2001. Motion carried unanimously. The Board postponed Agenda items G.5 concerning a report from URS Greiner, Monroe County Airport Consultants, comparing the Hangers -On lease hangars to the hangars the county will be providing; and G.6 concerning a report from URS Greiner, Monroe County Airport Consultants, addressing the equivalency of proper space for FBO's at the Marathon Airport, to the next regularly scheduled Board meeting in Marathon. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance creating Section 3-7(5) (e), Monroe County Code, in order to allow in County facilities, parks, and beaches, animals that play a work -related role; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe Code of Ordinances; and Providing an effective date. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Williams to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 034-2001 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance establishing a speed limit of 25 miles per hour on all County roads; Providing for exceptions to the 25 mile per hour speed limit for certain County roads; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe Code of Ordinances; and providing an effective date. There was no public input. County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Williams to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 035-2001 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance defining Human Rights, Prohibiting violations of such rights, Providing remedies, amending classifications in Fair Housing Article; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe Code of Ordinances; and providing an effective date. The Board accepted public input with the following individuals addressing the Board: Mayor Jimmy Weekly, representing the City of Key West; Connie Gilbert, Joseph Barker, representing Wesley House Family Services; Diane Beruldsen, and Father Tony Mullane. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 036-2001 Said Ordinance is incorporated herein by reference. 10/ 17/2001 2001/316 COUNTY ADMINISTRATOR County Administrator James Roberts discussed with the Board events that took place today at the Monroe County Courthouse Annex. Mr. Roberts complemented the individuals with the City of Key West for their professional and efficient manner in which they handled the incident. COMMISSIONERS' ITEMS Mayor Neugent requested Commissioner Williams discuss his item with the Board concerning direction to Staff on funding for Key West Resort Utilities engineering and feasibility studies. Roger Braun, Executive Director of the Florida Keys Aqueduct Authority; and William Smith, representing Key West Resort Utilities addressed the Board. No official action was taken by the Board. PUBLIC HEARINGS A Public Hearing was held to consider a request by Toppino's, Inc. to amend the Future Land Use Map from Industrial (I) to Residential High (RH) and to amend the Land Use District Map from Industrial (I) to Urban Residential (UR). The Board accepted public input with the following individual addressing the Board: Attorney Adele V. Stones, representing Toppinos, Inc. Growth Management Director Tim McGarry and Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams to adopt the following Ordinances, with the stipulation that the applicant work with the Navy concerning the AICUZ designation: An Ordinance by the Monroe County Board of County Commissioners approving the request of Toppino's Inc. to amend the Future Land Use Map (FLUM) from Industrial (I) to Residential High (RH) for property located on East Rockland Key, and further described as part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida approximately at mile marker 9.5, having Real Estate Number 00121980.000600. An Ordinance by the Monroe County Board of County Commissioners approving the request by Toppino's Inc. to amend the Land Use District Map (Zoning) from Industrial (I) to Urban Residential (UR) for property located on East Rockland Key, and further described as part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida approximately at mile marker 9.5, having real estate number 00121980.000600. ORDINANCE NO. 037-2001 ORDINANCE NO. 038-2001 Said Ordinances are incorporated herein by reference. Roll call vote was unanimous. 10/17/2001 2001/317 Mr. Smith addressed the Board a second time. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams to use $200,000 of the $2,000,000 in Infrastructure Sales Tax funds for final engineering studies for the south Stock Island project. Roll call vote was unanimous. Virginia Panico, Executive Director of the Greater Key West Chamber of Commerce announced that the Chamber was offering a reward of up to $15,000 for the arrest and conviction of the person or persons involved with any anthrax hoax. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida J"s C. Isabel C. DeSantis, Deputy Clerk MEMORANDUM TO: Mayor Neugent and Commissioners Division Directors County Attorney Department Heads Clerk of Court Land Authority Sheriff Department Housing Authority Tax Collector TDC FROM: Debbie Frederick Aide to the County Administrator SUBJECT: 2002 BOCC Meeting Dates DATE: October 24, 2001 MEETING DATES AGENDA DEADLINE LOCATION 1/16/02-1/17/02 1/2/02 Harvey Government Center 2/13/02 - 2/14/02 1/30/02 Key Largo Library 3/20/02 - 3/21/02 3/6/02 Marathon Government Center 4/17/02 - 4/18/02 413/02 Harvey Government Center 5115/02 - 5/16/02 5/1/02 Key Largo Library 6/19/02 - 6/20/02 6/5/02 Marathon Government Center 7/17/02 - 7/18/02 7/2/02 Harvey Government Center 8/21/02 - 8/22/02 8/7/02 Key Largo Library 9/18/02 - 9/19/02 9/4/02 Marathon Government Center 10/16/02 - 10/17/02 10/2/02 Harvey Government Center 11/13/02-11/14/02 10/30/02 Key Largo Library 12/18/02 - 12/19/02 12/4/02 Marathon Government Center All meetings in all areas begin at 10:00 a.m. on the first day and 9:00 a.m. on the second day. Key Largo Library Marathon Gov't Center Harvey Gov't Center Tradewinds Shopping Center 2798 Overseas Highway 1200 Truman Ave. Mile Marker 101 Mile Marker 50 Key West Approved at the October 17, 2001 BOCC meeting. z•d birSir-aGa-sac uiwpd 00 sgjagod -1 sawer dGi,:Go To be 400