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07/14/2004 Regular MINUTES 2004/153 OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 14,2004 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., on the above date at the Harvey Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner David P. Rice, Commissioner Dixie Spehar and Mayor Murray E. Nelson. 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, DELETIONS Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for April, 2004, to Roberto Blasco, Custodian, Facilities Maintenance Department, Public Works Division. Presentation of Mayor's Proclamation to declare July 26,2004, as ADA Anniversary Day in Monroe County. Presentation of the Government Finance Officers Association (GFOA) award to Monroe County's Office of Management and Budget. Presentation of the National Association of Counties 2004 (NACo) Achievement Award for the program entitled Lunchtime Senior Concert Series. Calling Out Ceremony of Monroe County children who need adoptive homes. Recognition of Public Works employees who assisted with the cleaning of Higgs Beach. 07/14/2004 2004/154 BULK APPROVALS Motion was made by Mayor Nelson and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval to assist the Department of Navy, NASKW, with the reopening of a portion of old US 1 on Rockland Key. Board granted approval and authorized execution of a Maintenance Agreement between Monroe County and the State of Florida, Department of Juvenile Justice concerning the first floor juvenile justice building located on Stock Island. Board granted approval and authorized execution of a Facilities Use Agreement between Monroe County and Meghan Cole d/b/a Yoga by the Sea for use of the Higgs Beach Platform. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Conch Cruisers, Inc., concerning Salute Restaurant at Higgs Beach, to correct the monthly rental amount to include janitorial services with CPI incrase. Board granted approval and authorized execution of a Residential Lease Agreement between Monroe County and Deputy Dawn Leird to continue residing in one-half ofthe duplex located at the Key Largo Community Park for the amount of$425.00 per month for rent and utilities. Board granted approval to renew and authorized execution of a Security Agreement with a Law Enforcement Officer between Monroe County and Deputy David Johnson to continue residing at the Mariner's Resort Park in Big Pine Key, Florida, for the same amount of rent and utilities totaling $425.00 per month. Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval to remove surplus equipment from inventory for disposal and/or salvage and approval to advertise for bids. Said inventory listing is incorporated herein by reference. Board granted papproval to advertise Public Hearings concerning the annual non-ad valorem assessment for the collection, disposal, and recycling of residential solid waste; and the establishment of collection, disposal, and recycling rates for commercial waste stream generators. Board adopted the following Resolution adopting the tentative residential per month solid waste collection, disposal and recycling rates for commercial property in the various solid waste collection franchise areas for Fiscal Year 2005. RESOLUTION NO. 228-2004 07/14/2004 2004/155 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Federally Funded Sub grant Agreement between Monroe County and the Florida Department of Community Affairs regarding a State Homeland Security Grant Program, in the amount of$88,142. This grant provides funds for enhancements to the County's Emergency Operations Center (EOC). The County further waives its policy requirement for Monroe County venue and consents to venue being in Leon County. Board granted approval and authorized execution of License Agreement between Monroe County and MetroPCS California/Florida, Inc., for lease of surplus antenna tower space on the County owned communications tower located in Stock Island. Board granted approval and authorized execution of an Amendment to Lease Agreement between Monroe County and Florida Keys Aqueduct Authority (FKAA) to lease an additional area adjacent to FKAA's current leasehold at the Florida Keys Marathon Airport. Board granted approval and authorized execution of Purchase Service Order No. 04/05-33 between Monroe County and URS for New Terminal Plans, Specifications, and Permitting for the Key West International Airport. Board granted approval and authorized execution of Federal Aviation Administration Land Lease, No. DT ASO-04-L-00093 between Monroe County and the United States of America for the Runway-End Identification Lights (REIL) System Facility/Runway 27, at the Key West International Airport. Board granted approval of Key West International Airport Security Expenditure Plan Amendment for FY 2004 through FY 2007. Board adopted the following Resolution superseding Resolution No. 389-1999, and adopting an Amended Fee Schedule for use by the Special Taxing District for providing ambulance services. RESOLUTION NO. 229-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Para-Med Academy, Inc., (d/b/a EMS Academy) for Monroe County Fire Rescue (MCFR) to provide an EMS training environment from date of approval of Agreement through December 31, 2005 with the option to renew on a year-to-year basis. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the District Board of Trustees of Florida Keys Community College (FKCC) concerning EMS training extending Agreement to June 30,2005. I! 07/14/2004 2004/156 Board granted approval of revised Library Policy Sections 2.03 and 2.04, pertaining to obtaining a library card, borrowing materials, and the schedule of fines and fees. Board granted approval and authorized execution Amendment No. 001 to Contract No. KC-371 (7/1/03-6/30/04) between Monroe County/Monroe County Social Services and the Alliance for Aging, Inc., (Area Agency on Aging for Miami-Dade and Monroe Counties), to modify the maximum units and dollars included in Paragraph E, Section III (Method of Payment) of Attachment I to Contract. Board granted approval of purchase of airport liability insurance with Ace USA through Arthur J. Gallagher and Company. Board granted approval and authorized execution of the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds Agreement for the purchase offour breathalyzer units and printers. Board granted approval and authorized execution of a Contract Amendment between Monroe County and the Care Center for Mental Health, Inc., increasing the amount by $45,967.50. Board granted approval to rescind the Agreement between Monroe County and the Guidance Clinic of the Upper Keys, Inc., as the Guidance Clinic of the Upper Keys ceased operation on March 12,2004. Care Center for Mental Health has expanded its service area to serve those previously served by Guidance Clinic of the Upper Keys. Board adopted the following Resolutions concerning Transfer of Funds, Receipt of Unanticipated Revenue and Amending: Receipt of Unanticipated Funds (OMB Schedule Item No.1). RESOLUTION NO. 230-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 171-2004 (OMB Schedule Item No.2). RESOLUTION NO. 231-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 232-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 233-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). 07/14/2004 2004/157 RESOLUTION NO. 234-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 235-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 236-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 237-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 238-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 239-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 240-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 241-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 242-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 243-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 244-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 245-2004 I' 07/14/2004 2004/158 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 246-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 247-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 248-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 249-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 250-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 251-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 252-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 253-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 254-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 255-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 256-2004 Said Resolution is incorporated herein by reference. II 07/14/2004 2004/159 Board granted approval and authorized execution of a letter dated June 22, 2004 to enter into an On-Call FEMA Grant Management Services Agreement with Adjusters International Disaster Recovery Services (AIDRS) to provide services to the County to maximize FEMA funding in the event a disaster has been declared, and to expedite the process and retain funds during project closeout and audit. Board granted approval for the County Administrator or his designee to complete and submit the online application for the Federal Fiscal Year 2004 Local Law Enforcement Block Grant funds via Internet as required by u.s. Department of Justice, Bureau of Justice Assistance. Board granted approval for the County Administrator to execute an Order Addendum to Master Contract for BellSouth Business Services Master Agreement number DS0025 for Key West Airport and to execute up to 50 additional order addendums to same Master Contract for DSL service as sites get connected to DSL. Board granted approval to enter into Modification Number Two to the Hazard Mitigation Grant Agreement Number 0IHM-4R-II-54-15-009 with the Department of Community Affairs concerning FEMA Project 1259-0019 Gato Building Retrofit Project. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Interlocal Agreement between Monroe County and the City of Key West for beach cleaning services and seaweed cleanup by Robbies Marine for Smathers and Rest Beach in an amount not to exceed $138,140 per year for cleaning and maintenance and $45,000 per year for seaweed cleanup, DAC I, third penny resources. Board granted approval and authorized execution of an Amendment to Interlocal Agreement between Monroe County and Islamorada, Village of Islands, to extend Agreement until September 30, 2005. Board granted approval to advertise a Request For Qualifications for a county wide Fishing Umbrella. Board granted approval to advertise a Request For Qualifications for a county wide Diving Umbrella. DIVISION OF MANAGEMENT SERVICES Board granted approval to refund de-obligated costs of$58,682.50 from disaster - 1259 (Tropical Storm Mitch) to the Florida Department of Community Affairs as per Audit Report E-06-03, Office of the Inspector General. DIVISION OF GROWTH MANAGEMENT Board granted approval of recommendations from the Request for Statements of Qualifications (RFQ) Selection Committee to select URS Corporation to provide Transportation PlanninglEngineering Services to the Growth Management Division, and direct Staff to enter into II 07/14/2004 2004/160 Contract negotiations with this firm; if the Staff is unable to successfully negotiate a Contract with this firm, it is authorized to enter into negotiations with the second ranked firm. Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and the Florida Department of Environmental Protection Office of Greenways and Trails (DEP-OGT) to assist in the construction of the Florida Keys Overseas Heritage Trail. Board granted approval and authorized execution of Amendment No.1 to the Joint Participation Agreement (JP A) between Monroe County and the Florida Department of Transportation (FDOT) for the completion of boat ramp engineering and reconstruction. Board granted approval to solicit bids for the installation of 135 Idle SpeedlNo Wake buoys at designated areas along the shoreline in Islamorada, Village of Islands at the request of the Village. Board granted approval for one Lot Aggregation Restrictive Covenant from Sean & Sandra Heffron to have one dwelling unit on contiguous lots, Permit No. 02-03-0003, for property described as Lots 10 & 11, Block 3, Ocean Isles Estates, Key Largo. The applicants are receiving one dwelling unit allocation award for the year ending July 13, 2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Lot Aggregation Restrictive Covenant from Rosie Perez to have one dwelling unit on contiguous lots, Permit No. 03-3-2510, for property described as Lots 1,2,25 & 26, Block 19, Amended Plat Key Largo Park, Key Largo. The applicant is receiving one dwelling unit allocation award for the year ending July 13,2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Marlin Holding Inc., a Florida Corporation - Joseph Silvestri, President to have one dwelling unit on contiguous lots, Permit No. 03-3-0577 for property described as Lots 21 & 22, Block 19, Largo Sound Park, Key Largo. The applicant is receiving one dwelling unit allocation award for the year ending July 13,2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Marlin Holding, Inc., a Florida Corporation - Joseph Silvestri, President to have one dwelling unit on contiguous lots, Permit No. 02-3-3927, for property described as Lots 18 & 19, Block 19, Largo Sound. The applicant is receiving one dwelling unit allocation award for the year ending July 13, 2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Richard R. & Rosa Mazzei to Monroe County by Warranty Deed, Permit No. 02-1-1592, for property described as Lot 1, Block 9, Eden Pines Colony Subdivision, Big Pine Key. The applicants are receiving one dwelling unit allocation award for the year ending July 13, 2004, have filed the documents in accordance with Ordinance No. 47-1999. II 07/14/2004 2004/161 MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of request for expenditures from Law Enforcement Trust Fund in the total amount of$9, 100 as follows: $2,000 Educational Coalition for Monroe County - This sum will contribute to the cultural development of our community and the leadership of youth. $5,000 "Sol Fest" Program - This sum will fund the Summer Music Camp. $2, 100 "Art Behind Bars" - This sum will help fund the annual "Art Behind Bars Birthday Party Show" covering the cost of printing, mailing invitations, cost of guest speaker and marketing the event. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution authorizing application approval for the Community Development Block Grant (CDBG) sewer connection assistance program and recognition of the CDBG program's conflict of interest requirement. RESOLUTION NO. 257-2004 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Commissioner McCoy's reappointment of Julio Margalli, Esq. to the Monroe County Planning Commission for a consecutive two year term to commence October 16, 2004 and expiring October 16, 2006. Board adopted the following Resolution to honor the life of Miriam Bernstein, who passed away on June 11,2004. RESOLUTION NO. 258-2004 Said Resolution is incorporated herein by reference. COUNTY CLERK Board granted approval of the following Warrants (3842-4195 & 101219-102450 & 207114-207220): General Fund (001), in the amount of$I,107,544.58; Fine & Forfeiture Fund (101), in the amount of $2,707,428. 19; Road and Bridge Fund (102), in the amount of$92,440.36; TDC District Two Penny (115), in the amount of$211,209.19; TDC Admin. & Promo 2 Cent (116), in the amount of$303,889.16; TDC District 1,3 Cent (117), in the amount of $121,254.57; TDC District 2, 3 Cent (118), in the amount of$13,899.43; TDC District 3, 3 Cent (119), in the amount of $-17,738.62; TDC District 4, 3 Cent (120), in the amount of $13,520.58; TDC District 5, 3 Cent (121), in the amount of$6,224.34; Gov. Fund Type I, 07/14/2004 2004/162 Grants (125), in the amount of$175,385.30; Fire & Amb Dist 1 L&M Keys (141), in the amount of$49,509.56; Upper Keys Health Care (144), in the amount of$S70.64; Fire & Amb Dist 6 Key Largo (146), in the amount of$22,068.19; Uninc Svc Dist Parks & Rec (147), in the amount of$28,882.14; Plan, Build, Zoning (148), in the amount of$108,984.25; Municipal Policing (149), in the amount of$406,944.81; 911 Enhancement Fee (150), in the amount of $3,289.01; Duck Key Security (152), in the amount of$I1.97; Local Housing Assistance (153), in the amount $15,061.27; Boating Improvement Fund (157), in the amount of $23,477.96; Misc. Special Revenue Fund (158), in the amount of$17,495.11; Law Enforcement Trust (162), in the amount of$6,830.00; Marathon Municipal Service (166), in the amount of$323.44; Conch Key Wastewater MSTU (167), in the amount of$12.48; Bay Point Wastewater MSTU (168), in the amount of$10.30; Key Largo Wastewater MSTU (170), in the amount of $262.47; 1 Cent Infra Surtax (304), in the amount of $684,537.22; Clerks Rev Note, Capital (306), in the amount of$14,433.00; 2003 Revenue Bonds (307), in the amount of$5,500.00; Card Sound Bridge (401), in the amount of$3,483.83; Marathon Airport (403), in the amount of$55,472.36; Key West IntI. Airport (404), in the amount of $229,992.39; MSD Solid Waste (414), in the amount of$995,720.93; Worker's Compensation (501), in the amount of$15,291.07; Group Insurance Fund (502), in the amount of $161,165.93; Risk Management Fund (503), in the amount of$115,580.26; Fleet Management Fund (504), in the amount of$110,382.14. Board granted approval of the following Fine & Forfeiture Expenditures: Court Reporter Services, Amy Landry Reporting, in the amount of$I,335.20; Associated Court Reporters, in the amount of$3,618.50; Catherine Webster, in the amount of $356.75; Court Reporters of Key West, in the amount of$178.50; Goldman, Naccarato, Patterson, Vela & Associates, in the amount of$120.00; Monroe County Court Reporting, in the amount of $624.50; Veritext LLC, in the amount of$659.75. Competency Evaluation, A Louis Oconnor PHD, in the amount of$700.00; Care Center for Mental Health, in the amount of $1,050.00; Institute for Behavioral Sciences and the Law, in the amount of$350.00; James W. Holbrook EDD, in the amount of$I,750.00; Pamela Strother, in the amount of$700.00; Richard Gaudet, in the amount of$450.00; The Counseling Associates, in the amount of$450.00. Court Interpreter, Alex Diaz, in the amount of$210.00; Claudia M. Hancock, in the amount of $367.50; Estrella Garcia, in the amount of$210.00; Gina Gonzalez, in the amount of$235.00; Jacob Zucker, in the amount of$50.00; Jean Nelson, in the amount of$325.00; Link Translations & Typesetting Inc., in the amount of$2,065.50; Luz Marina Cala, in the amount of$437.50; Pilar Nelson, in the amount of$820.96; Sergio Alvarez, in the amount of$315.00. Witness Coordination, Witness Payroll, in the amount of$150.00; Witness Travel & Per Diem, in the amount of$9,746.10. Expert Witness, Detective Dillon Corr, in the amount of$87.00; Gary W. Litman, in the amount of$2,925.00; Regina Medical Center, Inc., in the amount of$I,500.00; Swope Construction, in the amount of$I,387.50. Court Appointed Attorney Fees - Conflict, Carl Palomino, Esq., in the amount of$2,500.00; Erin Nevius, in the amount of$450.00; Fleming Law Firm PA Inc., in the amount of$I,400.00; Gregory Davila, in the amount of$I,706.25; Halford Schuhmacher, in the amount of$2,167.45; Jason Smith, in the amount of $2,000.00; John Rotolo, in the amount of$I,098.75; Laurie Hall, in the amount of$742.50; Maria Betancourt, in the amount of$4,653.75; Merrell Sands III, in the amount of$2,836.00; Monica Matthews 07/14/2004 2004/163 Santana, in the amount of$2,500.00; Tom Woods, in the amount of$412.53; Victoria McFadyen, in the amount of$885.00; W J Heffernan, Jr., in the amount of$I,158.75; William Webster, in the amount of$350.00. Other Services Circuit, Avis Rent A Car, in the amount of$64.47; Dwight Wells, in the amount of$266.56; Jonathan Raiche, in the amount of$157.74; Joshua Blacksten, in the amount of$231.81; State of Florida, in the amount of$I,042.53. Miscellaneous Expenses, State of Florida, in the amount of$90.05. Board granted approval of the following Tourist Development Council Expenditures for the month of June 2004: Advertising, in the amount of $380,180.37; Visitor Information Services, in the amount of $24,999.98; Events, in the amount of $96,406.37; Office Supplies & Oper Costs, in the amount of$35,993.67; Personal Services, in the amount of$37,970.69; Public Relations, in the amount of$58,176.70; Sales & Marketing, in the amount of$43,981.81; Telephone & Utilities, in the amount of$5,839.57; Travel, in the amount of$3,935.17. Board granted official approval of the Board of County Commissioners Minutes from the Regular Meeting of March 18, 2004 and Special Meetings of April 30, May 11, May 19, June 5, and June 9, 2004 (previously distributed). Board granted approval and authorized execution of an Amendment to Monroe County Audit Contract between Monroe County and Cherry, Bekaert, and Holland, L.L.P., to transfer the role of drafting the BOCC Financial Statements and the Monroe County Comprehensive Annual Financial Report to the Auditor. Board granted approval to amend the minutes of the BOCC meeting of December 17, 2003, reflecting the adoption of two (2) Ordinances: 11 An amendment to Policy 212.2.3 of the Monroe County Year 2010 Comprehensive Plan incorporating revisions recommended by the Department of Community Affairs concerning Shoreline Setbacks. (This ordinance was assigned Ordinance No. 049-2003). 21 An amendment to the Land Development Regulations to amend Section 9.5-349, Shoreline Setbacks- this Ordinance shall be assigned Ordinance No. 049A-2003. See minutes page 2003/323. COUNTY ATTORNEY Board granted approval to initiate litigation to collect code enforcement fines that had been imposed against David J. Laquerre, Case No. CE 03050022 and Holly G. Blandeaux, Case No. CE 03100243 and authorized the County Attorney's Office to negotiate settlements, if appropriate, in each case. Board granted approval and authorized execution of a Settlement Agreement in the case of Steven G. Harris & Lourdes M. Spellman v. Monroe County, Case No. 2004 CA 178 P. Board adopted the following Resolution designating the Safe Zone located on County property on Stock Island as exempt from the No Camping Ordinance No. 020-2004. I, 07/14/2004 2004/164 RESOLUTION NO. 259-2004 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 First Street, Key Largo City, Plat No.5, fronting Lots 10 through 17, and a portion of alleyway that separates Lots 10 through 17 and Lots 46 through 53, Block 5, Key Largo, Monroe County, Florida. RESOLUTION NO. 260-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West authorizing the County Attorney's Office to serve as municipal prosecutors on behalf of the City. Board adopted the following Resolution relating to the provision of wastewater capacity; Describing the property electing to pay annual wastewater assessments to fund the deferred wastewater capacity fee and related costs; Determining the deferred capacity fee, interest rate and other costs to be assessed and the other terms and conditions of the annual wastewater assessments; Establishing the amount and term of the annual wastewater assessment for each parcel of property to be assessed; Directing preparation of the initial non-ad valorem assessment roll; Establishing a Public Hearing to consider imposition of the proposed wastewater assessments and the method of their collection; Directing the provision of notice in connection therewith; and providing an effective date. RESOLUTION NO. 261-2004 Said Resolution is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS James L. Roberts, County Administrator addressed the Board concerning proposed dates for the BOCC/TDC joint meeting. The County Administrator then discussed a date for Colin Baezinger to present additional names of candidates to the BOCC for a new County Administrator. The Board agreed to the following dates: July 20th, PM - Presentation of additional candidate names; August 20th - Candidate Reception; and August 21st - New County Administrator Interviews. COUNTY ATTORNEY Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to reopen today's Agenda in order to assign a time approximate for Agenda item S7 concerning II 07/14/2004 2004/165 Clarification and direction to County staff regarding Shrimp Road as follows: Direct County Attorney's office to record Bernstein deed; Direct Public Works to make necessary repairs to, and maintain as needed, the extended portion of Shrimp Road as described in the legal descriptions to 3 tracts, a time approximate to be heard. Motion carried unanimously. The County Administrator assigned the item 3: 3 0 PM. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to hear the item at 3 :30 PM. Motion carried unanimously. MISCELLANEOUS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to hold the BOCC/TDC joint meeting on August 17,2004 at 1 :00 P.M. at the Marathon Government Center. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Public Safety Director, Reggie Paros addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to adopt the following Resolution approving the tentative residential solid waste collection, disposal and recycling rates for the Fiscal Year 2004-2005. Motion carried unanimously. RESOLUTION NO. 262-2004 Said Resolution is incorporated herein by reference. STAFF REPORTS Growth Management Director, Tim McGarry reported to the Board that the new LDR Proposed Rule will be soon be published in the Florida Administrative Weekly. Mr. McGarry also discussed concerns in the 2004 US 1 Arterial Travel Time & Delay Study. DIVISION OF GROWTH MANAGEMENT The Board discussed consideration of a possible Settlement Agreement in the case of Industrial Communications and Electronics v. Monroe County regarding a proposed 1,000 foot communications tower in Cudjoe Key, (continued from the June 16, 2004 meeting). The following individuals addressed the Board: Michelle Wisniewski, representing the Florida Keys Astronomy Club, S.C.AS., W.S.P., and I.D.A; Philip Frank, Dennis Henize, representing Last Stand; Mark Hedden, representing Florida Keys Audubon Society; Joan Borel, Nancy Klingener, Sheila Rowan, representing F & N ofKW Bight; George Halloran, representing Last Stand; Phil McGann, and Attorney David Paul Horan, representing Industrial Communication. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to not approve the proposed Settlement Agreement. Commander Jim Tiffett, Executive Officer of the Key West Coast Guard Group; Mr. Collins and Mr. McGarry also addressed the Board. Roll call vote was unanimous. I' 07/14/2004 2004/166 TAX COLLECTOR Jim Thomas, representing the Monroe County Tax Collector addressed the Board and presented the recap of the 2003 tax roll and the list of Errors and Insolvencies for the 2003 tax roll, and also requested that the 2004 tax roll be extended and the tax bills be mailed prior to completion of the Value Adjustment Board Hearings. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval of the extension of the 2004 tax roll and that the tax bills be mailed prior to completion of the Value Adjustment Board Hearings. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES The Board discussed Pet Friendly Shelters for the Special Needs Clients located in five shelters throughout Monroe County and one Pet Friendly Special Needs Shelter in Dade County, location to be determined. Social Services Director Louis LaTorre introduced Laura Bevan of the Humane Society of the United States who made a presentation before the Board. The following individuals addressed the Board: CeCe Crane, representing Kritter Patrol and Special Needs; Michelle Wisniewski, representing Florida Keys Council for People with Disabilities; and Dr. Susana May, representing the Monroe County Health Department. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting conceptual approval of the plan contingent upon the approval by the Monroe County Health Department and a full report from Staff. The County Attorney, County Administrator, and Mr. LaTorre addressed the Board. Roll call vote was unanimous. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Councilman John Cromartie, Commissioner George Neugent, Commissioner Dixie Spehar, Mayor Pro Tem David P. Rice, and Chairman Kevin Madok. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution of the Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida, superseding Resolution No. 438-1999, and adopting an amended fee schedule for use by the Special Taxing District for providing ambulance services. Motion carried unanimously. RESOLUTION NO. 263-2004 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of Governors was adjourned. * * * * * * II 07/14/2004 2004/167 DIVISION OF MANAGEMENT SERVICES Sheila Barker, Management Services Director reported to the Board on Final Inspections of disaster - 1249 (Hurricane Georges). County application reopened upon appeal, to allow for final inspection of various projects still open at time of administrative applicant closing. Currently anticipating approximately $500,000 of various emergency work costs not previously considered be paid to the County upon final approval and closing of these projects and Damage Survey Reports. No official action was taken by the Board. Ms. Barker reported to the Board concerning costs associated with the Teen Court Program and request for the Board to provide direction to staff regarding the Fiscal Year 2005 Budget for this program. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to include the program in the budget process. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Commissioner Neugent discussed a Release of the Affordable Housing Deed Restriction and Notice of Deferred Payment ofImpact Fees requested by Ken Beardsley on his property on Lower Matecumbe Key identified by Real Estate Number 00395631-000800 contingent upon payment of waived impact fee plus interest. Mr. McGarry addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of the item. Motion carried unanimously. The Board was provided with the written Growth Management Litigation Report from Attorney Derek V. Howard, Esq. ofthe firm Morgan & Hendrick, dated July 12,2004. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item to accept the return of the Marathon Yacht Club back into ownership of the County as originally conveyed to the City of Marathon as requested through Resolution by the Marathon Yacht Club and the City of Marathon. Mr. Collins addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to table the item to the August Board meeting. Roll call vote was unanimous. Commissioner Neugent discussed a humanitarian visit to Cuba by Larry Benvenuti. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy to send a letter of support from Monroe County to Ileana Ros-Lehtinen. Mr. Roberts addressed the Board. Motion carried unanimously. AIRPORTS Monroe County Airports Director, Peter Horton introduced Howard Klein ofURS Consultants who made a presentation to the Board of the Key West International Airport I, 07/14/2004 2004/168 Terminal Concept Study, dated July 2004. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to proceed with the project. Mr. Horton addressed the Board. Motion carried unanimously. DIVISION OF PUBLIC WORKS Yvette London of Harvard, Jolly, Clees, and Toppe Architects presented the status of the design of the new Medical Examiner's Facility. Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to send a letter of support from Monroe County to the Army Corps of Engineers. Motion carried unanimously. Jose Gonzalez, Architect updated the Board for work being performed at Jackson Square. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar that Commissioner McCoy, Mr. Gonzalez and Judge Richard Payne meet with representatives in the City of Key West for a resolution to the building permit issue, and if not successful, the architect is directed to move forward with permitting with the City of Key West. Roll call vote was unanimous. William P. Horn, Architect updated the Board for work being performed on Conch Key, N. Key Largo and Big Pine Key Fire Stations. Dave Koppel, County Engineer addressed the Board. COUNTY ADMINISTRATOR Mark Rosch, Director of the Monroe County Land Authority addressed the Board concerning the purchase of the D&J Industries building on Big Pine Key and lease of same to Habitat for Humanity of Key West and the Lower Keys, Inc. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to purchase the building in the amount of$I,050,000. Motion carried unanimous. Mr. Rosch briefly discussed the purchase of the Quay building in Key Largo and indicated that the closing was taking place today. Mr. Rosch addressed the Board concerning direction to Staff regarding purchase of a portion of the Dog Track property on Stock Island as a fire station site. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval and authorizing execution of First Amendment to Agreement for the Purchase of Lands, subject to legal review by the County Attorney. Should the seller fail to execute the amendment, staff is authorized to provide notice that the County is teminating the original Purchase Agreement in accordance provisions contained therein. Roll call vote was unanimous. II 07/14/2004 2004/169 COUNTY ATTORNEY Richard Collins, County Attorney made a presentation to the Board concerning Assistant County Attorney Bob Shillinger who passed an examination administered by the Florida Bar for certification in City, County, and Local Government Law. The Board was provided with written copies of memorandums prepared by Assistant County Attorney Bob Shillinger, dated July 13,2004 concerning the July 2004 CAY litigation report; and the June 2004 Recap of Services prepared by Suzanne Hutton, Assistant County Attorney. Mr. Shillinger addressed the Board. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance amending Sec. 2-6, of the Monroe County Code; increasing the compensation for Monroe County Planning Commission members, from $6,400 to $9,600 a year, for twenty-four regular meetings; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing for an effective date of October 1, 2004. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 021-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution renouncing and disclaiming any right ofthe County and the public in and to a portion of Sea Lane, Geiger Key, Monroe County, Florida. The Board accepted public input with the following individual addressing the Board: R. Bruce Wallace, representing Reese and Marilynn Palley; and Glen Owens, representing Tamarac Park Property Owners. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 264-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider 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. Richard Collins, County Attorney read into the record the following changes to the Ordinance: In the title of the Ordinance, t:3tttbligh. a dog park is removed and replaced with enclose a greenspace for dogs. I, 07/14/2004 2004/170 Add the following as first paragraph: WHEREAS. on April 18. 2001. May 16. 2001. and August 15.2002. the Board of County Commissioners of Monroe County. Florida. adopted Ordinances No. 19-2001. No. 21-2001 and no. 30-2001. respectively. authorizing pets in specified open spaces at Higgs Beach County Park subiect to certain conditions: and Make the following change in seventh WHEREAS, a dog park enclosure of one of the areas previously designated as permitting pets would provide the following benefits; Make the following changes in Section 1: (p) A dog park An open greenspace may be cgtablighcd enclosed at Higgs Beach County Park, Monroe County, Florida, located as set forth in attachment A, provided that said pftfk enclosed greenspace shall meet the following minimum requirements; (v) There shall be signage with rules for pftfk enclosed greenspace use. Such rules shall include, but not be limited to: (D) All dogs must have current rabies vaccinations and County licenses and be wearing their tags while in the pftfk enclosed greenspace. (K) No roller blades, skateboards, or bicycles are allowed in the dog park enclosed greenspace. (M) The County Commission may establish additional rules governing the dog park use of the enclosed greenspace by further ordinance. The Board then accepted public input with the following individuals addressing the Board: Connie Christian, representing Dog Park Committee; Lynne Bentley-Kemp, representing Key West Garden Club; Sara Lister, representing Key West Park Lovers; Charles Newman, Majorie Chapin, representing Key West Garden Club; CeCe Crane, representing KW Kritter Patrol; Gary Sechen, representing The Xena Fund; Ronald Zemlicka, Jane Parthemore, John Jones, representing City of Key West; Jane Dawkins, Marie Penot, representing Garden Club; Holly Close, representing Kritter Patrol Volunteers & Dog Owner; Sterling Christian, Gwen Hawtof, representing Florida Keys SPCA, President; Jack Lynch. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Ordinance, as revised by the County Attorney. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Rice No Commissioner Spehar Yes Commissioner McCoy No Mayor Nelson Yes Motion failed. After further discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar that the City of Key West aggressively work with this group to find a I, 07/14/2004 2004/171 dog park that will not present a health concern, within thirty (30) days. (This item will be heard at the next BOCC meeting in Key West, October 20,2004 - (90 days). Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Rice Yes Commissioner Spehar Yes Commissioner McCoy Yes Mayor Nelson No Motion carried. A Public Hearing was held concerning adoption of an Ordinance correcting Monroe County Code of Ordinances referring to repealed Statutes and County Ordinances; repealing Ordinances or portions thereof that have become obsolete or superseded by Statute or more subsequently adopted Ordinances; providing that the repeal of any Ordinance or portion thereof shall not revive any earlier Ordinance; providing that the repeal of any Ordinance or portion thereof shall not affect any fee or penalty due on the effective date of repeal and shall not affect the validity of any bonds outstanding on the date of repeal; and providing an effective date. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 022-2004 Said Ordinance is incorporated herein by reference. COUNTY ATTORNEY Robbie Reckwerdt, representing Robbie's Marina addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice directing the County Attorney's Office to record the Bernstein Deed and directing Public Works to make necessary repairs to, and maintain as needed, the extended portion of Shrimp Road as described in the legal descriptions of 3 tracts, more particularly described in Exhibit A Roll call vote was unanimous. Public Works Director, Dent Pierce advised the Board that a 900' section ofthe road was still privately owned. The County Attorney advised the Board that due to its continued use as a public right-of-way, the Board would be authorized to make the necessary improvements for the benefit of public safety. COMMISSIONERS' ITEMS Commissioner Spehar introduce Joe Barker of Wesley House Family Services who made a presentation to the Board of the transition plan for the transfer of the responsibility of foster children and at risk families from the Department of Children and Families to Wesley House Family Services on October 1, 2004, and distributed the document titled Our Kids of Miami-Dade and Monroe, Inc., and Wesley House System of Care Design, Working Document Services Begin October 2004. II 07/14/2004 2004/172 Commissioner Neugent discussed his item for approval to advertise the Tourist Development Council position "At Large" on DAC III to replace Mr. Repetto due to a conflict that now exist which makes it improper for him to sit on this position. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to appoint Bernard Carbin. Motion carried unanimously. COUNTY ATTORNEY Mr. Koppel addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval ofa payment request for $53,255.00 to KW Resort Utilities for additional sewer work within the public right of way along US 1 on Stock Island, provided all conditions precedent are satisfied, and approval of plans dated June 10, 2004 for Hurricane Hole Marina Sewer Extension and execution of an appropriate Change Order for the request. The County Attorney and County Clerk addressed the Board. Roll call vote was unammous. MISCELLANEOUS Mayor Nelson discussed the agreement with DCA concerning the Proposed Rule. Motion was made by Commissioner Rice and seconded by Commissioner Spehar to prepare a document of all items that have been completed by the County to Teresa Tinker in the Governor's Office, that summarizes wastewater, environmentally sensitive lands and workforce housing, and allow the Mayor in conjunction with Growth Management, Land Authority and County Administration to work with Ms. Tinker. Motion carried unanimously. COUNTY ADMINISTRATOR James Roberts, County Administrator made a Presentation, Overview and budget message for the Proposed Fiscal Year 2005 Budget. Management Services Director, Sheila Barker addressed the Board. No official action was taken by the Board. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida JhM- C. ~YaJiJ Isabel C. DeSantis, Deputy Clerk