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04/21/2004 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, April 21, 2004 Key West, Florida 2004/77 A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Harvey Government Center in Key West. Present and answering to roll call were Commissioner George Neugent, Commissioner David P. Rice, and Commissioner Dixie Spehar. Commissioner Charles "Sonny" McCoy came in shortly after the meeting began. Mayor Murray E. Nelson was absent. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Richard Collins, County Attorney; James Roberts, County Administrator; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, AND DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of Additions, Corrections, and Deletions. Motion carried unanimously, with Commissioner McCoy not present. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for December, 2003 to Hank Kokenzie, Senior Systems Analyst, Technical Services Department, Management Services Division. Presentation of Employee of the Month Award for December, 2003 to Margy McMennamy, Sr. Grants Acquisition Administrator, County Administrator's Office. Presentation of Employee of the Month Award for December, 2003 to Dan Adams, Chief Mechanic, Fleet Management, Public Works Division. Commissioner McCoy entered the meeting and took his seat. Presentation of Employee of the Year Award for 2003, to Jim Crane, Sign Technician/Installer, Road Department, Public Works Division. Presentation of Employee of the Month Award for the month of February, 2004 to April Cine, Administrative Assistant, Transportation, Social Services Department, Community Services Division. 04/21 /2004 2004/78 Presentation of an Exemplary Project Award made by Sondra Taylor-Furbee, Florida Department of State, Division of Library and Information Services, to the Monroe County Public Library for the project Library Services for Limited English Proficiency Hospitality Workers. Presentation of Mayor's Proclamation declaring the week of April 19 through April 25 as National Library Week. Presentation of Mayor's Proclamation recognizing April, 2004 as Fair Housing and Community Development Month. Month. Presentation of Mayor's Proclamation to declare April, 2004 as Child Abuse Prevention Presentation of Mayor's Proclamation to declare May 1, 2004 as Law Day. Presentation of Mayor's Proclamation to declare May 7 and 8, 2004 as Relay for Life Days in Monroe County. Presentation of Mayor's Proclamation to declare May 16 through May 22, 2004 as Emergency Medical Services Week. Presentation of Mayor's Proclamation to declare the month of May, 2004 as Civility Month. Calling Out Ceremony of Monroe County children who need adoptive home. Presentation in recognition of the untiring and successful efforts of Gerald M. Nixon in naming the Keys off of Cudjoe Key. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the following items: Board granted approval and authorized execution of a Medical Director/Fire Department Physician Contract between Monroe County and Professional Emergency Services, Inc. to provide services as Monroe County Medical Director for a three-year period effective January 1, 2004 through January 1, 2007, with the option of renewing for two (2) additional two-year (2) periods, and granted approval of the request to waive policy to go out for bid. Board granted approval to waive purchasing policy and issue a Purchase Order to Fisher Scientific Company, LLC sole source provider for Morning Pride protective ensemble products in the State of Florida, in the amount of $75,821.17 for the purchase of 61 sets of personal protective ensembles. 04/21 /2004 2004/79 Board granted approval to waive purchasing policy and issue a Purchase Order to Insight Public Sector/Insight Corporate Solutions in the total amount of $98,010.74 under State Contract 250-000-03-01. The dollar amount includes the purchase of, installation of, and mounts for Mobile Computer Terminals (MCTs) for Monroe County Fire Rescue's (MCFR) emergency rescue units. Board granted approval to purchase a Sterling Conventional Clam Truck from Atlantic Truck Sales through State Contract #070-700-230, and a Mo Trim Mower/Tractor from Growers Equipment Company through State Contract #765-900-02-1. Board granted approval and authorized execution of the Enhanced 911 (E911) Service Order Form from Commnet of Florida, LLC for compliance with the Federal Communications Commission (FCC) requirements for E911 Wireless Phase I implementation in Florida. Board granted approval to advertise a Request for Qualifications (RFQ) for General Consulting Engineer Services for Monroe County Solid Waste and Recycling. Board granted approval to advertise surplus equipment for bids, approval to remove surplus equipment from inventory for salvage and disposal. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Business Associate Agreement between Monroe County and ENVOY Corporation d/b/a WebMD ENVOY to allow Monroe County Transportation personnel to check on Medicaid status as well as Medicaid transportation trips. Board granted approval and authorized execution of a General Contract between Monroe County and Quality Communications Fire & Security, Inc. (QCFSI), a specifically named contractor, to provide and install Object Recognition & CCTV upgrades at the Key West International Airport, and to waive the competitive bid process outlined in the Monroe County Purchasing Policy. Board granted approval to rescind amendment to the Avis Rent A Car System, Inc. Concession Agreement (approved by the Board, 3/17/04), and granted approval for Avis to continue operations at the Key West International Airport on a month to month basis pending an Amendment to Concession Agreement. Board granted approval to rescind Amendment to the Budget Rent A Car System, Inc. Concession Agreement (approved by the Board, 2/18/04), and granted approval for Budget to continue operations at the Key West International Airport on a month to month basis pending an Amendment to Concession Agreement. Board granted approval and authorized execution of Amendment No. 1 to Grant Agreement for Project No. 3-12-0044-018-2003 between Monroe County and Federal Aviation 04/21 /2004 2004/80 Administration which deletes `construct General Aviation Apron', and inserts `Install TWY Lighting, plus guidance signs'. Board granted approval to advertise a Request for Proposals for additional rental car services at the Florida Keys Marathon Airport. Board granted approval and authorized execution of Purchase Service/Order No. 03/04-22 between Monroe County and URS to provide Construction Phase Service including Resident Project Representative for the installation of Taxiway Lights and Guidance Signs for the Florida Keys Marathon Airport. Board granted approval and authorized execution of of Purchase/Service Order No. 03/04-25 between Monroe County and URS to Develop Master Utilities Plan as part of ALP Up -date to include identification of all underground utilities (telephone, water, fuel navigation, weather, etc.), to prevent interruption of services due to damage during construction or maintenance operations for the Florida Keys Marathon Airport. Board granted approval and authorized execution of Purchase Service/Order 03/04-23 between Monroe County and URS to prepare an Airport Layout Plan Set Update for the Florida Keys Marathon Airport. Board granted approval of Award of Bid and authorized execution of a Contract for Janitorial Services between Monroe County and Judy Bobick (Ace Building Maintenance) for Janitorial Services at the Key West International Airport. Board granted approval to award Public Works' surplus equipment as described in Recap of Bid Opening (Items 2, 3, 5, 7, 8 and 9). Said list is incorporated herein by reference. Board granted approval and authorized execution an Interim Homeless Safe Zone Interlocal Agreement - Amendment 1 between Monroe County and the City of Key West, revising Exhibit A. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Planned Parenthood of Greater Miami and the Florida Keys, Inc., terminating services at the Department of Health Clinic in Tavernier and thereby reducing office space fees for non-profit organizations from $200.00 to $100.00 per month. Board granted approval and authorized execution of a Contract Amendment for Public Works uniforms between Monroe County and G&K Services for a rate increase based on the percentage change in the consumer price index for all urban consumers. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Siemens Building Technologies, Inc., for the testing, certification and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff s Administration Building's fire alarm system and 04/21 /2004 2004/81 building automation system; the Juvenile Justice Center's fire alarm and building automation system; and the Courthouse Annex's fire alarm system. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the wastewater treatment plant located at the Roth Building in Tavernier (Old Mariners Hospital). Board accepted the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to award Contract for Professional Services to Clemons, Rutherford & Associates, Inc., for Marathon Courthouse Renovations and authorized execution of same. Board granted approval to award Contract for Professional Services to Clemons, Rutherford & Associates, Inc., for Plantation Key Courthouse Renovations and authorized execution of same. Board granted approval and authorized execution of a Standard Form of Agreement between Monroe County and H & R Paving, Inc. in the amount of $738,100.00 for Card Sound Road Improvements, Key Largo. Board granted approval to award bid and enter into a Contract for Services between Monroe County and Eagle Security, Inc., for security patrols and services in the Duck Key Security District. Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Funds: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 133-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 134-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 135-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 136-2004 Said Resolution is incorporated herein by reference. 04/21 /2004 2004/82 Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 137-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 138-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 139-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 140-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 141-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 142-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 017-2004 (OMB Schedule Item No. 11). RESOLUTION NO. 143-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 144-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 145-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14), RESOLUTION NO. 146-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 147-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). 04/21 /2004 2004/83 RESOLUTION NO. 148-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 149-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 150-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 151-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 152-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 153-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 154-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 155-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 156-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Public Financial Management, Inc., (PFM) as a financial advisor to Monroe County. Board granted approval to pay the repair cost of luxury motor home damaged in accident involving a County owned and operated vehicle. Board granted approval to accept proposal from Marsh USA for property insurance package through Lexington Insurance Company and Landmark American Insurance Company at a premium of $392,260. 04/21 /2004 2004/84 Board granted approval to accept proposal from March USA for Boiler & Machinery insurance coverage through CNA at a premium of $5,821. Board granted approval to pay $180,125 renewal premium to Citizens Property Insurance Corporation for windstorm policy. Board granted approval and authorized execution of the State Fiscal Year 2005 Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Certificate of Participation with the Florida Department of Law Enforcement. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Interlocal Agreement for Grant In Aid Funds between Monroe County and the City of Marathon funding the Sombrero Beach Injection Well in an amount not to exceed $31,644, DAC III, FY 2004 Capital Project Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Key West Film Society, Inc., to extend Agreement until September 30, 2004. Board granted approval to rescind the Agreement with World Sports and Marketing covering Fishstock, The Total Salt Water Experience on June 18-20, 2004 in an amount not to exceed $45,000, DAC IV, FY 2004 Event Resources. Board granted approval of a change to the Monroe County Tourist Development Council Operations Manual, Section IV, Cultural Umbrella application, as follows: VI. Scoring System - Scoring will be considered under the following criteria: 1- unacceptable, 2- below average, 3- average, 4- above average, 5- excellent. Upon evaluation of the application, the total scores will be tabulated and applications scoring 36 l-- will -o+ or more will be considered for funding. Those events that meet the minimum scoring requirements as noted above, will be ranked starting with the highest. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of a Grant of Conservation Easement for Jose Alonso Jurado and Ana Maria Jura, Permit No. 95-3-285, for property described as Lot 8, Coral Coast PB7-PG63 Monroe County Florida RE# 00555231-000800. Board granted approval and authorized execution of Supplemental Joint Participation Agreement #3, Contract No. AI-893 between Monroe County and the Florida Department of Transportation to amend the scope and budget to provide for the continuation and completion of the Key Largo Livable CommuniKeys planning studies. Board granted approval to advertise an Ordinance amending Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways), to delete Sec. 5.5-1 (1) the definition of a "No Anchor 04/21 /2004 2004/85 Zone," to create the definition Sec. 5.5-1 (k) of a "Motorboat," to modify 5.5-108 (D) "No Anchor Zone" to read "Motorboats Prohibited" zone, and to establish Varadero Beach as a "No Motorboat Zone," Providing for Severability; Providing for repeal of inconsistent ordinance clauses; Providing for incorporation into the Monroe County Code; Providing an effective date. Board granted approval and authorized execution of a Broadcast Services Contract between Monroe County and Florida Keys Comcast for the provision of media services to disseminate information to the public concerning the Florida Keys No Discharge Zone. Board granted approval for the transfer of one buildable lot from Roy H. Payne to Monroe County by Warranty Deed, Permit No. 03-1-3911 for property described as Lot 2, Block 18, Buccaneer Beach Estates, Pieces of Eight Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2004, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of four buildable lots from Kim H. & Juanita Lee Fisher to Monroe County by Warranty Deed, Permit No. 03-1-2375 for property described as Lots 15, 16, & 17, Summerland Estates Resub. #1, Summerland Key and Lot 3, Little Torch Key, Re: 00113230.000200. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Kyle R. Wingo & R. Belinda Wingo Jr., to Monroe County by Warranty Deed, Permit No. 02-1-5371 for property described as Lot 14, Block 1, Ramrod Shores Marina Section, Ramrod Key The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for one Lot Aggregation Restrictive Covenant from Gordon L. and Karen Sharp to have one dwelling unit on contiguous lots, Permit No. 03-1-0989 for property described as Lots 15 & 16, Block 12, Breezeswept Beach Estates, Ramrod Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for one Lot Aggregation Restrictive Covenant from Eric and Janice Worrall to have one dwelling unit on contiguous lots, Permit No. 03-1-0764 for property described as Lots 3 & 4, Block 1, Snug Harbor Addition #1, Summerland Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval of a Monroe County Planning Department Affordable Housing Deed Restriction for one dwelling unit from Lisa Ann Albury, Permit No. 03-3-2020 for property described as Lot 5, Block 4, Harris Ocean Park Estate, Key Largo. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2004, has filed the document in accordance with Ordinance No. 47-1999. 04/21 /2004 2004/86 Board granted approval of a Monroe County Planning Department Affordable Housing Deed Restriction for one dwelling unit from Reinaldo Alvarez and Marta Diaz, Permit No. 03-3-2453 for property described as Lot 11, Block 1, Buttonwood Shores Addition, Key Largo,. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Thomas D. & Carrie S. Ryan, Permit No. 03-1-4659 to Monroe County by Warranty Deed for property described as Lot 6, Block 35, Palm Villa, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Robert H. & Maria Hirsch and Thomas D. & Carrie S. Ryan to Monroe County by Warranty Deed, Permit No. 03-1-0366 for property described as Lot 24, Block 2, Kinercha, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Robert H. & Maria Hirsch to Monroe County by Warranty Deed, Permit No. 03-1-0909 for property described as Lot 5, Block 1, Ocean Heights, No Name Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Thomas D. & Carrie S. Ryan to Monroe County by Warranty Deeds, Permit No. 03-1-1229 for properties described as Lot 12, Block 40, Pine Crest, Big Pine Key and Lot 24, Doctors Arm Subdivision, Sec. C, 3rd Addition, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of three buildable lots from Lee J. Leighton to Monroe County by Warranty Deeds, Permit No. 03-1-4095 for properties described as Lot 13, Block 14, Eden Pines Colony, Big Pine Key; Lot 23, Block 5, Ramrod Shores, Ramrod Key; and Lot 5, Block 26, Sands Subdivision, Big Pine Key; and approval for one Lot Aggregration Restrictive Covenant from Gene Brian DeMambro and Lee J. Leigton to have one dwelling unit on contiguous lots described as Lots 7 & 8, Block 6, Cutthroat Harbor Estates 1 st Addition, Cudjoe Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Thomas D. & Carrie S. Ryan to Monroe County by Warranty Deeds, Permit No. 03-1-0367 for property described as Lot 6, Block 1, Ocean Heights, No Name Key and Lot 49, Block 2, Cutthroat Harbor Estates, Cudjoe Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. 04/21 /2004 2004/87 Board granted approval for the transfer of two buildable lots one is from RK & S Construction of the Florida Keys, Inc., and the other is from Gene Brian DeMambro to Monroe County by Warranty Deeds, Permit No. 03-1-4019 for properties described as Government Lot 2, Sec. 21, Twp. 66, Rng. 29, Little Torch Key, RE: 113200.000000; and Lot 7, Block 14, Eden Pines Colony, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Franco Piacibello & Alessandra Boschini to Monroe County by Warranty Deed, Permit No. 02-1-1989 for property described as Lot 40, Block 5, Harris Ocean Park Estates, Key Largo. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of a request for expenditures from the Law Enforcement Trust Fund in the amount of $407,000.00 as follows: $400,000 This sum funds salaries and fringe benefits of officers assigned to the IMPACT Task Force. $ 7,000 This sum will be transferred to the Monroe County School District to fund a variety of currently unbudgeted programs. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution approving Monroe County's Local Housing Assistance Plan for State of Florida Fiscal Years 2004-2005, 2005-2006, 2006-2007; and authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation. RESOLUTION NO. 157-2004 Said Resolution is incorporated herein by reference. Board adopted the following Resolution urging the Florida Legislature to reauthorize and fully fund the State and Local Housing Trust Funds for Fiscal Year 2004-2005. RESOLUTION NO. 158-2004 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board adopted the following Resolution requesting the Florida Department of Transportation to provide in their contract documents for the US1/SR5/Overseas Highway Bridge 04/21 /2004 2004/88 crossing Jewfish Creek and Lake Surprise Project that fill removed from project location remain in Monroe County. RESOLUTION NO. 159-2004 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner McCoy's re -appointment of Jim Malcolm to the Florida Keys Council for People with Disabilities for a consecutive 3-year term to commence 4/21/04 and expire on 4/21/07. Board granted approval to advertise the Tourist Development Council's `At -Large' position "At -Large" on DAC III. COUNTY CLERK Board granted approval of the following Warrants (97113 - 98724 & 206702 - 206847): General Fund (001), in the amount of $1,846,497.41; Fine & Forfeiture Fund (101), in the amount of $2,742,102.26; Road and Bridge Fund (102), in the amount of $206,354.64; Law Library Fund (103), in the amount of $2,073.41; TDC District Two Penny (115), in the amount of $285,162.60; TDC Admin. & Promo 2 Cent (116), in the amount of $296,034.98; TDC District 1, 3 Cent (117), in the amount of $154,485.48; TDC District 2, 3 Cent (118), in the amount of $6,915.54; TDC District 3, 3 Cent (119), in the amount of $1,941.91; TDC District 4, 3 Cent (120), in the amount of $1,886.56; TDC District 5, 3 Cent (121), in the amount of $7,760.38; Gov. Fund Type Grants (125), in the amount of $147,359.50; Impact Fees Roadways (130), in the amount of $633.00; Impact Fees Libraries (132), in the amount of $35.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of $89,338.92; Upper Keys Health Care (144), in the amount of $3,357.35; Fire & Amb Dist 6 Key Largo (146), in the amount of $78,516.95; Uninc Svc Dist Parks & Rec (147), in the amount of $46,545.14; Plan, Build, Zoning (148), in the amount of $32,736.84; Municipal Policing (149), in the amount of $323,177.07; 911 Enhancement Fee (150), in the amount of $3,684.40; Duck Key Security (152), in the amount of $5,955.01; Local Housing Assistance (153), in the amount $80,641.79; Boating Improvement Fund (157), in the amount of $24,155.72; Misc. Special Revenue Fund (158), in the amount of $15,781.41; Environmental Restoration (160), in the amount of $19,329.00; Law Enforcement Trust (162), in the amount of $30,174.78; Court Facilities Fees-602 (163), in the amount of $1,417.50; Marathon Municipal Service (166), in the amount of $977.75; Conch Key Wastewater MSTU (167), in the amount of $17.85; Bay Point Wastewater MSTU (168), in the amount of $35.74; Key Largo Wastewater MSTU (170), in the amount of $793.42; 1 Cent Infra Surtax (304), in the amount of $1,275,910.00; 2003 Revenue Bonds (307), in the amount of $236,666,28; Card Sound Bridge (401), in the amount of $19,323.34; Marathon Airport (403), in the amount of $52,159.51; Key West Intl. Airport (404), in the amount of $636,751.15; MSD Solid Waste (414), in the amount of $1,890,218.09; Worker's Compensation (501), in the amount of $20,447.36; Group Insurance Fund (502), in the amount of $190,923.50; Risk Management Fund (503), in the amount of $168,279,86; Fleet Management Fund (504), in the amount of $124,810.47. 04/21 /2004 2004/89 Board granted approval of the following Fine & Forfeiture Expenditures: Court Reporter Services, Amy Landry Reporting, in the amount of $50.00; Associated Court Reporters, in the amount of $2,765.50; Catherine Webster aka Cathy Webster, in the amount of $150.00; Court Reporters of Key West, in the amount of $75.00; Lisa Roeser, in the amount of $50.00; Monroe County Court Reporting, in the amount of $550.00; Narup & Vouvakis, Inc., in the amount of $154.15; Suzanne Ex dba All Keys Reporting, in the amount of $168.60; Veritext LLC, in the amount of $762.50; Competency Evaluation, Care Center for Mental Health, in the amount of $800.00; James W. Holbrook EDD, in the amount of $1,300.00; The Counseling Associates, in the amount of $1,250.00; Court Interpreter, Alex Diaz, in the amount of $430.00; Claudia M. Hancock, in the amount of $115.00; Estrella Garcia, in the amount of $125.00; Jose R. Mendez, in the amount of $150.00; Martha Hernandez, in the amount of $170.00; Mary Lou Waas, in the amount of $294.58; Myagmartsogt Purevdorj, in the amount of $84.00; Rafael Garcia, in the amount of $455.00; Witness Coordination, Witness Travel & Per Diem, in the amount of $2,527.60; Expert Witness, Swope Reconstruction, in the amount of $1,892.29; Court Appointed Attorney Fees - Conflict, Erin Nevius, in the amount of $832.50; Laurie Hall, in the amount of $1,117.50; Timothy Nicholas Thomes, in the amount of $2,429.36. Other Services Circuit, Avis Rent A Car, in the amount of $129.30; State of Florida, in the amount of $587.39; State of Florida, in the amount of $566.50. Miscellaneous Expenses, State of Florida, in the amount of $571.20. Board granted approval of the following Tourist Development Council Expenditures for the month of March 2004: Advertising, in the amount of $141,539.45; Bricks & Mortar Projects, in the amount of $85,342.28; Visitor Information Services, in the amount of $56,458.30; Events, in the amount of $69,625.74; Office Supplies & Oper Costs, in the amount of $69,597.85; Personal Services, in the amount of $66,569.09; Public Relations, in the amount of $141,254.87; Sales & Marketing, in the amount of $89,233.33; Telephone & Utilities, in the amount of $17,780.53; Travel, in the amount of $16,978.01. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of February 18, 2004 (previously distributed). Board rescinded approval for the Monroe County Health Department to lease space through BOCC for the Health Care Center located at DePoo Hospital and related interagency agreement regarding lease payments. Board rescinded approval of Resolution No. 470A-2003 to repeal BOCC Resolution 211-2003 (Planning Service Fee Schedule) and approve a proposed new Planning Service Fee Schedule Resolution adding fees concerning the review of costs associated with Developments of Regional Impact (DRI), Development Agreements, and Plant approvals and correcting minor errors in Resolution No. 211-2003. 04/21 /2004 2004/90 COUNTY ADMINISTRATOR Board granted approval to pay Purchase Order No. 243582 from the promotional account payable to Brookhollow Collection Executive Greetings, Inc., in the amount of $50.46 for announcement cards. Board granted approval and authorized execution of First Amendment to Agreement of Purchase and Sale between Monroe County and Beal Bank, S. S.B. for the D&J Industries building on Big Pine Key. Board granted approval and authorized execution of Amendment to Agreement for the Purchase of Lands between Monroe County and the Estate of Konstantinos "Gus" Boulis for the Quay property. Board granted conceptual approval of a proposal with Certified Records Management, LLC, for off -site records storage. COUNTY ATTORNEY Board granted approval and authorized execution of Contract Amendment No. 2 naming Enola Contracting Service, Inc. as a co -contractor with Wind -Tech Products, Inc. and clarifying the substantial date to be May 25, 2004 to replace defective windows at the Gato Building. Board granted approval to initiate litigation to collect code enforcement fines that had been imposed against Marcos Caso and James Jeanquenat and authorized the County Attorney's office to negotiate settlements, if appropriate, in each case. Board adopted the following Resolution requesting that the Supervisor of Elections place on the August 31, 2004 Primary Ballot a referendum question concerning a half cent sales tax for School Capital Funding. RESOLUTION NO. 160-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Amended Settlement Agreement, Case No. CE 03040122, against Darrell Wolfe and authorized staff to execute Release of Lien once terms of settlement agreement have been met. Board granted approval and authorized execution of an Amended Lease between Monroe County and the Big Coppitt Volunteer Fire Department, Inc., extending the lease term to April 20, 2024 and providing that Lots 3, 4, and 5 be used for a community park and playground. Board granted approval to amend Ordinance No. 003-2004, (adopted 02/18/04) - by approving a different format of the Ordinance, which concerns Special Contractors. The Ordinance is in a format that may result in unintended changes to the County Code Book by the 04/21 /2004 2004/91 Municipal Code Corporation. The particular section being formatted for this purpose is prior Section 5, now shown as Section 6. ORDINANCE NO. 007-2004 Said Ordinance is incorporated herein by reference. Board granted approval and authorized execution of a Settlement Agreement in Monroe County v. Gary Yaworski and Anita Fox, Case No. U5-00-1104. Board granted approval to advertise an Ordinance adding Subsection (g) to Section 8-82, Monroe County Code, in order to provide that any collector exiting Monroe County with equipment loaded with sludge shall use Card Sound Road and shall produce service tickets; Providing for the delivery of service tickets to the Office of Solid Waste Management if disposal is made within Monroe County at a site other than a county -owned transfer station; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Board granted approval to advertise an Ordinance amending Section 2-541(i)(1) Monroe County Code, revising the requirement for bid bonds to apply only to construction projects estimated to exceed $150,000; 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 adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of North Drive, Stillwright Point Subdivision 2, Key Largo, Monroe County, Florida. RESOLUTION NO. 161-2004 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 Sea Lane, Geiger Key, Monroe County, Florida. RESOLUTION NO. 162-2004 Said Resolution is incorporated herein by reference. Motion carried unanimously. Commissioner Neugent discussed the Interlocal Agreement with the City of Marathon concerning the Yacht Club property. Mr. Roberts addressed the Board. It was decided that this matter shall be brought before the Board at its May meeting. MISCELLANEOUS BULK APPROVALS Mayor Pro Tem. Rice abstained from voting on the following item: 04/21 /2004 2004/92 Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to terminate the contract with Guidance Clinic of the Middle Keys, Inc., for the operation of the Safeport program. Termination to take effect at the end of the day March 31, 2004. Motion carried unanimously, with Mayor Pro Tem Rice abstaining. STAFF REPORTS Management Services Director, Sheila Barker reported to the Board that effective May 1, 2004, the Monroe County Mosquito Control will no longer be involved in the County's Group Health Insurance Program. Growth Management Director Tim McGarry reported to the Board the increase in the amount of NROGO allocation. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent that on a one time basis Peter Pike will not be required to submit his lot to qualify for ROGO. Roll call vote was unanimous. Mr. McGarry also discussed "Support Our Troops"signs; Hawk's Cay employee housing; preparation of limited LDR revisions to address employer -owned housing; illegal clearing whereas the Sheriff has agreed to help enforce the County ordinance; status of the State Partnership Agreement; CARL area expansion, and updating of the Comprehensive Plan/Carrying capacity. MANAGEMENT SERVICES Management Services Director, Sheila Barker reported to the Board concerning early buy-out programs. No official action was taken by the Board. STAFF REPORTS Fire Chief Clark Martin introduced Fire Fighter/Paramedic Stan Webb and Lt. Dan Cassell from the Big Coppitt Volunteer Fire Department who modeled new breathing apparatus for comparison to the old apparatus. DIVISION OF GROWTH MANAGEMENT Mayor Pro Tern Rice addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following resolution concurring with the sale of surplus Florida Department of Transportation right-of-way adjacent to U.S.#1 at approximately mile marker 27.1, Bayside, Ramrod Key (adjacent to Boondocks Restaurant). Roll call vote was unanimous. RESOLUTION NO. 163-2004 Said Resolution is incorporated herein by reference. The Board was provided with the written Growth Management Litigation Report from Attorney Derek V. Howard, of the Law Offices of Morgan & Hendrick, dated April 16, 2004. 04/21 /2004 2004/93 COMMISSIONERS' ITEMS Commissioner Neugent discussed his item to request information from the Property Appraiser on what the potential impacts would be if a cap were put in place - as in the Save our Homes legislation for privately owned rental units that rent or lease to individuals of low and middle income - using the same criteria of Monroe County for qualification - a cap on taxable value appreciation of said unit. The County Attorney and the County Clerk addressed the Board. The item was referred to Staff. COUNTY ADMINISTRATOR The County Administrator reported to the Board that his office was working on a revised Capital Plan. The Administrator also discussed status of a request for waiver of building permit fees from the City of Key West for the forthcoming Judicial Center project in Jackson Square. Mayor Pro Tern Rice and the Board discussed hidden costs associated with the new Homeless Safe Zone on Stock Island. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to rescind Resolution No. 132-2004 and adopt the following Resolution designating three memebrs of the Board of County Commissioners to be on the governing body of the Fire and Ambulance District Board of Governors, as follows: Commissioner Neugent, Commissioner Rice and Commissioner Spehar. Motion carried unanimously. RESOLUTION NO. 164-2004 Said Resolution is incorporated herein by reference. The County Administrator discussed approval of the creation of five positions to improve the efficiency and effectiveness of County Government. County Attorney Richard Collins addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval of the following positions: 1- Contract Monitor; 1- County Attorney Staff Assistant; 3- Fighter/Paramedic Positions. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Spehar Yes Commissioner McCoy Yes Mayor Pro Tern Rice Yes Motion carried. The County Administrator reported to the Board the status of the purchase of property on Stock Island for use as a fire rescue/EMS facility. 04/21 /2004 2004/94 Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table the consideration of policy of not distributing gasoline taxes under the Agreement with the City of Marathon until the City has paid to the County $541,000 owed for solid waste services. Motion carried unanimously. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for Fire and Ambulance District I convened. Present and answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar and Mayor Pro Tern David P. Rice. Absent was City of Layton Councilman Kevin Madok and Councilman John Cromartie. Fire Chief Clark Martin addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval to waive purchasing policy (waiving purchasing policy is not standard practice) and issue a Purchase Order to Fisher Scientific, sole source provider for Morning Pride protective ensemble products in the State of Florida, in the amount of $75, 821.17 for the purchase of 61 sets of personal protective ensembles. Motion carried unanimously. There being no further business, the meeting of the Board of Governors was adjourned. WASTEWATER ISSUES Commissioner McCoy, as wastewater liaison, reported on the status of wastewater issues/ projects. The following public speaker addressed the Board: Ross Murphy. J. David Burgstiner, P.E. - Senior Engineer Water/Wastewater Division of URS Corporation and Attorney George H. Nickerson, Jr., of the firm Nabors, Giblin & Nickerson, P.A. reported on the progress of the Stock Island wastewater studies and guidance by the Commission in reference to issues that will arise pertaining to financing. The following public speaker addressed the Board: Kim Wigington. William Smith representing KW Resort Utilities; the Board and County Attorney discussed issues concerning the Stock Island Sewer System. No official action was taken. The following public speaker addressed the Board: Carolee McReynolds. The Board, County Attorney, Attorney George H. Nickerson, Jr., of the firm Nabors, Giblin & Nickerson, P.A.; the County Clerk, and the County Administrator discussed Hurricane Hole Marina being directed to be responsible for a vacuum line from their property line down US#1 to Cross Street and from Cross Street to the vacuum station on Suncrest Street. Fred Skomp, representing Hurricane Hole Marina addressed the Board. After discussion, motion was made Commissioner Spehar and seconded by Commissioner Neugent to amend the Agreement with KW Resort Utilities to add the Hurricane Hole Marina project to be paid by the County in the amount of 04/21 /2004 2004/95 $71,879. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution authorizing transfer of real property on Saddlebunch Keys (Bay Point) to the Florida Keys Aqueduct Authority for the purposes of establishing a wastewater treatment facility and authorization for the Mayor to execute deed. Roll call vote was unanimous. RESOLUTION NO. 165-2004 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution authorizing the transfer of real property on Conch Key to the Florida Keys Aqueduct Authority for the purposes of establishing a wastewater treatment facility and authorization for the Mayor to execute deed. Motion carried unanimously. RESOLUTION NO. 166-2004 Said Resolution is incorporated herein by reference. Attorney George H. Nickerson, Jr., of the firm Nabors, Giblin & Nickerson, P.A., gave a progress report on the Draft of Initial Assessment Resolution for the South Stock Island Wastewater Assessment Program. William Smith, representing KW Resort Utilities addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to request William Smith to have checks written for the 5% down payment for those individuals electing to utilize the payment process, as outlined in the Consent & Acknowledgment Agreement, made payable to Monroe County and directing Staff to prepare the necessary changes in the Ordinance to implement this action. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to allocate funds for the planning, survey, and conceptual design of the Duck Key Wastewater System. The following public speaker addressed the Board: Roy Enquist, representing Duck Key property owners. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval to allow Douglas N. Higgins, Inc., to use part of Bay Point Park, Cross Way and an unnamed alley for a construction staging area for the Bay Point sewer project. Motion carried unanimously. COMMISSIONERS' ITEMS Colin Baenziger of the firm Colin Baenziger & Associates updated the Board on the status of the search process for a new County Administrator. Mr. Baenziger also discussed a schedule of upcoming events. The County Administrator addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to schedule a reception with the final candidates and use funds from the Board's Promotional Account to cover the expenses. Roll call vote was unanimous. 04/21 /2004 2004/96 PUBLIC WORKS Jeffrey Cobble, of the firm Harvard, Jolly, Clees, Toppe Architects, P.A. updated the Board on the status for the design of the new Medical Examiner's Facility. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Ordinance No. 018-2003 codified as Art. VIII, Chapter 15.5, Monroe County Code, creating the Key Largo Wastewater Treatment District Municipal Service Taxing Unit (MSTU ), in order to provide that Ad Valorem revenue raised by the MSTU together with the proceeds of any Grant or Loan to the Key Largo Wastewater Treatment District may be used to pay compensation and expense reimbursement of the members of the Key Largo Wastewater Treatment District Governing Board; Providing that such revenue may be used to pay certain other administrative costs as defined herein; 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. The Clerk of Court and County Attorney addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 008-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance adding Sec. 13.5-5 (p), Monroe County Code, in order to establish a dog park at Higgs Beach County Park of Key West; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. The public was advised earlier in the day of the Board's intent to discuss this item at a later meeting. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to table the item and re -advertise for a Public Hearing on July 14, 2004 at 3:00 P.M. in Key West. Motion carried unanimously. A Public Hearing was held concerning adoption of an Ordinance amending Section 19-129, Monroe County Code; Replacing the terms "Motor Coaches, Travel Trailers, and Motor Homes" with the more inclusive term "Recreational Vehicle -Type Units", Providing for an increase in the length and width of recreation vehicles that may be parked or stored in a residential district; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; Providing for severability; and Providing an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 009-2004 Said Ordinance is incorporated herein by reference. 04/21 /2004 2004/97 PUBLIC WORKS Jose Gonzalez, of the firm Gonzalez Architects updated the Board on the status of work being performed at Jackson Square. Chief Circuit Judge Richard Payne addressed the Board concerning the proposed Judicial Center. AIRPORTS Airports Director, Peter Horton addressed the Board. Howard Klein, representing URS made a presentation concerning the design of the new Passenger Terminal at the Key West International Airport. DIVISION OF GROWTH MANAGEMENT The Board discussed of Resolution expressing the concerns about a proposed large scale mixed -used development, referred to as the Florida City Development of Regional Impact (DRI), and directing County representatives to the South Florida Regional Planning Council and Staff to communicate the County's concerns in the development review process and oppose any element or phase of the development that will negatively impact the health, safety, and welfare of Monroe County citizens or will have a detrimental effect on the environmental and economic base of Monroe County. The following public speaker addressed the Board: Nancy Klingener, representing The Ocean Conservancy, et. al. Growth Management Director Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 167-2004 Said Resolution is incorporated herein by reference. The Board took no official action on Agenda item P2 concerning a Resolution expressing concerns about a large-scale Mixed Use Development, proposed by Atlantic Civil, Inc., referred to as the Florida City Development of Regional Impact (DRI), and directing County representatives to the South Florida Regional Planning Council and Staff to communicate the County's concerns in the Development Review Process and oppose any element or phase of the development that will negatively impact the health, safety and welfare of Monroe County citizens or will have a detrimental effect on the environment and economic base of Monroe County. COUNTY ATTORNEY Assistant County Attorney Bob Shillinger reported to the Board concerning the April 2004 County Attorney litigation report and that two new cases had been filed - Harris, Steven & Lourdes Spellman v. Monroe County, CAP04-178; and Provident Bank v. Ricky Allen, Monroe County, et al, Case No. CAM04-121. Mr. Shillinger discussed the status of a Code Enforcement matter concerning Chris Johnson's property. r" 04/21 /2004 2004/98 Mr. Shillinger presented the Board with a Settlement Agreement concerning Robert Lee Clay, John K. Moyant and Li Chiung Moyant, and Richard et al v. Monroe County, Case No. CAM04-05. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval of the Settlement Agreement, as presented by the County Attorney which includes footnote language located on page 3. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Sec. 9.5-122.3; Sec. 9-5-124.8; Sec. 9.5-266 of the Monroe County Land Development Regulations in order to grant authority to Growth Management Director and the County Attorney to approve Restrictive Covenants and Warranty Deeds under ROGO/NROGO and Affordable Housing, providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and directing the Planning Director to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. There was no public input. Planning Director, Marlene Conaway addressed the Board and indicated that on Page 3 and 4 the word "and" was inadvertently omitted - between the words Growth Management Director, County Attorney. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance, as corrected. Roll call vote was unanimous. ORDINANCE NO. 010-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance creating Section 9.5-21(i), authorizing Monroe County Board of County Commissioners to establish by Resolution, fees to be charged by the Monroe County Growth Management Division for Land Development Applications, Permits, Approvals, and Appeals, Deleting Sec. 9.5 491(a) Fair Share Transportation Impact Fee; Sec. 9.5-492 (c) Fair Share Community Park Impact Fee; Sec. 9.5-493(c) Fair Share Library Impact Fee; Sec. 9.5-494(b) Fair Share Solid Waste Impact Fee; Sec. 9.5-495 (b) Fair Share Police Facilities Impact Fee; and Sec. 9.5-522 Filing Fees for Map Petitions and Administrative Appeals which do not reflect the present impact fees and filing fees adopted by more recent Resolutions of the Monroe County Board of County Commissioners; providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. The Board accepted public input, with the following individual addressing the Board: Alicia Putney. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 011-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Sec. 9.5-122.3 of the Monroe County Land Development Regulations in order to prohibit the award of ROGO Points for aggregation in specific areas; Providing for repeal of all Ordinances inconsistent 04/21/2004 2004/99 herewith; Providing for incorporation into the Monroe County Code of Ordinances; and directing the Planning Director to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. The Board accepted public input with the following individuals addressing the Board: Salvador Gutierrez, George Wilson and Alicia Putney. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. Ol IA-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance designating the boundaries of Conservation and Natural Areas; Adopting an Interim Moratorium deferring ROGO and NROGO allocations in areas of two acres or greater containing tropical hardwood hammock or pinelands within any Conservation and Natural Area until Land Development Regulations and Comprehensive Plan Amendments implementing the work program mandated by rule 28-20.100, F.A.C. are drafted and adopted by the County Commission or twelve months, whichever first occurs. Growth Management Director Tim McGarry and Planning Director Marlene Conaway addressed the Board. The Board accepted public input with the following individuals addressing the Board: Cindy Self, Lloyd A. Good, Jr., Gordon R. Burkhead, Joan Borel, Donny Lang, representing Bahia Mar Estates Landowners; Kieran Mahoney, George F. Wilson, Alicia Putney, Chris Bergh, representing The Nature Conservancy, and Sandra Walters. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar directing Staff to amend the proposed Ordinance and include the following amendment in the final Public Hearing: A moratorium on all lands within the CNA with a one acre threshold on private vacant lands. Expand CNA to include a hammocks and pinelands of one (1) acre or greater throughout Unincorporated Monroe County. When calculating habitat continuity, only US#1 shall be deemed to interrupt habitat. Clearly outline standardized procedures for parcels to be added to or subtracted from the moratorium. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Spehar Yes Commissioner McCoy Yes Mayor Pro Tem Rice Yes Motion carried. 04/21 /2004 2004/ 100 and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida �alje.CQ Isabel C. DeSantis, Deputy Clerk