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08/18/2004 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2004/188 Regular Meeting Board of County Commissioners VVednesday, 1\ugust 18,2004 Key Largo, Florida 1\ Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., on the above date at the Key Largo Library. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner David P. Rice, Commissioner Dixie Spehar and Mayor MurrayE. Nelson. Also present were Danny L Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Richard Collins, County 1\ttorney; James Roberts, County 1\dministrator; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of 1\dditions, Corrections, and Deletions to the 1\genda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month 1\ward for January, 2004, to Richard Morton, Construction Inspector, Engineering Department, Public VV orks Division. Presentation of Years of Service 1\ ward for 15 years of service to Monroe County to Dale Enwall, Superintendent of Card Sound Toll 1\uthority, Public VVorks Division. Presentation of Years of Service 1\ward for 15 years of service to Milan Novak, Firefighter/Paramedic. Presentation of the Florida Keys Council for People with Disabilities 1\ ward to Michael "Capt. Mick" Nealey, Tranquil1\dventures. MISCELLANEOUS Mayor Nelson announced that a permit was issued to the Florida Department of Transportation from the Army Corps of Engineers for improvements to the 18 Mile Stretch and Jew Fish Creek Bridge. 08/18/2004 2004/189 BULK APPROVALS Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval of the following items by unanimous consent: Board granted approval to award Public Works surplus equipment as described in the Recap of Bid Opening (Items 2, 6, 8, and 10). Said inventory list is incorporated herein by reference. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Synagro Southeast, Inc. increasing the Contract price for the operation and maintenance of the wastewater treatment plant at the Roth Building by the CPI-U. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Sub Zero, Inc. for the Lower Keys AlC Maintenance and Repair. Board granted approval of the Receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval to reject all bids received for the Big Pine Key Park Demolition and authorized re-bid. Board granted approval for the County Administrator to execute the 2004-2005 Defense Infrastructure Grants Program for Commercial Vehicle Entrance to Naval Air Station Key West Boca Chica Airfield at the request of the Naval Air Station, Key West to improve Old USl on Rockland Key. Board granted approval and authorized execution of the Institutional Medicaid Provider Agreement for Monroe County to continue to participate in a Provider Agreement with the Florida Medicaid Program for Assistive Care Services for residents of Bayshore Manor. Board granted approval and authorized execution of a Provider Subscriber 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 numbers. Board granted approval to purchase two transportation buses based on the Application for Federal Assistance under the U.s.c. Section 5310 and Notice of Grant Award for Years 2003 and 2004 to Monroe County by the State of Florida Department of Transportation by piggy backing on the FDOT FVPP-03-SC-l Florida Procurement Program. Board granted approval to remove surplus equipment from inventory for disposal and/or salvage. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Sub grant Agreement for Equipment for Florida Strategy (DOl Funding Cycle 2002-2004) between Monroe County and Florida 08/18/2004 2004/190 Department of Financial Services to acquire goods, equipment and supplies for use in training and participation as a State of Florida Regional Response. 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 an Agreement for Equipment for Florida Strategy between Monroe County and the Florida Department of Health, Division of Emergency Medical Operations to acquire goods, equipment and supplies for use in training and participation as a State of Florida Regional Response. 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 an Affiliation Agreement between Monroe County and the District Board of Trustees ofBroward Community College to provide an EMS training environment from date of approval of Agreement trough December 3 1, 2005 with the option to renew on a year-to-year basis. Board granted approval and authorized execution of the Class A Emergency Medical Services Certificate of Public Convenience and Necessity to Key Largo Volunteer Ambulance Corps., Inc. for the operation of an ALS transport ambulance service for the period August 25, 2004 through August 24,2006. Board granted approval and authorized execution of an Agreement between Monroe County and SCS Engineers for General Solid Waste Consulting Engineer Services. Board granted approval and authorized execution of Pure hasel Service Order No. 1 pursuant to Agreement between Monroe County and SCS Engineers for General Solid Waste Consulting Engineer Services to enable the completion of the renewal permitting process for the Cudjoe Key Lined LandfilL Board adopted the following Resolution authorizing the execution of Grant Agreement No. SC524 with the Florida Department of Environment Protection for the acceptance of Small County Solid Waste Grant Funds. RESOLUTION NO. 266-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Federally Funded Subgrant Agreement No. 04HS-L+-11-54-01 between Monroe County and the Florida Department of Community Affairs for the revision of the County's Local Mitigation Strategy (LMS) document. The County further waives the Policy Requirement for Monroe County venue and consents to venue being in Leon County. Board granted approval of Award of Bid to Florida Industrial Electric, Inc. for the Taxiway Lights and Airfield Guidance Sign Project a the Florida Keys Marathon Airport, in the total amount of $244,902.90. 08/18/2004 2004/191 Board granted approval of Award of Bid to Community Asphalt Corp. for the Cargo Apron Resurfacing Project at the Florida Keys Marathon Airport, in the total amount of $104,685.50. Board granted approval of Award of Bid to Koch Corp., in the amount of $2,046,889.00, for Noise Insulation Program Phase 3 Construction, for the Key West International Airport. Board granted acceptance and authorized execution of Grant Agreement No. 3-12-0037-026-2004 between Monroe County and the Federal Aviation Administration to fund the Noise Insulation Program Phase 4 Design. Board granted approval and authorized execution of Purchase/Service Order 03/04-38 between Monroe County and URS for the Noise Implementation Program (NIP) Phase 4 Design, for the Key West International Airport. Board granted acceptance and authorized execution of Grant Agreement No. 3-12-0044-020-2004 between Monroe County and the Federal Aviation Administration to fund rehabilitation of General Aviation apron, terminal roof, and Taxiway lighting at the Marathon Airport. Board granted acceptance and authorized execution of Grant Agreement No. 3-12-0037-025-2004 between Monroe County and the Federal Aviation Administration to fund noise mitigation measure phase 3 construction, and Noise Compatibility Plan Study update. Board granted acceptance and authorized execution of Grant Agreement No. 3-12-0037-024-2004 between Monroe County and the Federal Aviation Administration to fund rehabilitation of Customs area, Environmental Mitigation, Sealcoat Apron, rehabilitate Taxiway, perimeter fencing, and pavement sweeper. Board granted approval of Award of Bid to SSES, Inc., d/b/a Southern Sewer Equipment Sales, in the amount of$59,725.00, for a Pavement Sweeper for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 03/04-5 between Monroe County and URS for an Environmental Assessment and permitting for development of Runway Safety Areas for Runway 9/27, at the Key West International Airport. Board granted approval and authorized execution of Change Order NO.8 between Monroe County and Quality Communication Fire & Security, Inc. for additional Security Items at the Key West International Airport. Board granted approval and authorized execution of Pur chasel Service Order No. 03/04-36 between Monroe County and URS to prepare Passenger Facility Charge Application No.9, for the Key West International Airport, and the Marathon Airport. 08/18/2004 2004/192 Board granted approval and authorized execution of Purchase/Service Order No. 03/04-13 between Monroe County and URS to perform a Wildlife Study for the Key West International Airport. Board granted approval and authorized execution of Professional/Service Order No.2 between Monroe County and THC, Inc. for Phase 3 Construction Services for implementation of the Noise Insulation Program for the Key West International Airport. Board granted acceptance and authorized execution of Grant Agreement No. 3-12-0037-023-2004 between Monroe County and the Federal Aviation Administration to fund Terminal Building design and permitting, Environmental Assessment (RSA) and permitting, conduct Wildlife Survey, Video Ground Training Equipment. Board granted approval to submit Passenger Facility Charge Application No.9 to the Federal Aviation Administration in the amount of$4.50 per enplaned passenger. Board granted acceptance and authorized execution of a Renewal Letter between Monroe County and KPMG LLP to update the Fiscal Year 2005 and the Fiscal Year 2006 Full Cost Allocation Plans and the OMB A-87 Cost Allocation Plan. Board granted approval to advertise a budget amendment for Fund 504/Fleet Management Fund to be held on September 15, 2004 at 5:01 p.m. at the Marathon Government Center. 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. 267-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 268-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 269-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 270-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 271-2004 Said Resolution is incorporated herein by reference. 08/18/2004 Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 272-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 273-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 274-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 275-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 276-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 277-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 278-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 239-2004 (OMB Schedule Item No. 13). RESOLUTION NO. 279-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 248-2004 (OMB Schedule Item No. 14). RESOLUTION NO. 280-2004 Said Resolution is incorporated herein by reference. Rescind Resolution No. 255-2004 (OMB Schedule Item No. 15). RESOLUTION NO. 281-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 282-2004 Said Resolution is incorporated herein by reference. 2004/193 08/18/2004 Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 283-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 284-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 285-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 286-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated' Funds (OMB Schedule Item No. 21). RESOLUTION NO. 287-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 288-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 139-2004 (OMB Schedule Item No. 23). RESOLUTION NO. 289-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 290-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 291-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 292-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 293-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). 2004/194 08/18/2004 RESOLUTION NO. 294-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 295-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 296-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 297-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 298-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 299-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 300-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 301-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 302-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 303-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 413-2003 (OMB Schedule Item No. 38). RESOLUTION NO. 304-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 414-2004 (OMB Schedule Item No. 39). RESOLUTION NO. 305-2004 2004/195 08/18/2004 2004/196 Said Resolution is incorporated herein by reference. Amending Resolution No. 415-2003 (OMB Schedule Item No. 40). RESOLUTION NO. 306-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 416-2003 (OMB Schedule Item No. 41). RESOLUTION NO. 307-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 417-2003 (OMB Schedule Item No. 42). RESOLUTION NO. 308-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 309-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 310-2004 Said Resolution is incorporated herein by reference. Board granted approval of amendments to Contracts with the Florida Department of Law Enforcement for programs funded by the Edward Byrne Memorial Law Enforcement Grant for the following projects: Boys & Girls Club Street S.M.A.R.T. Gang Prevention III, Grant No. 04-CJ-B-II-54-01-016, Adjustment No.1; Peacock Apartments Dual Diagnosed Offender Program II, Grant No. 04-CJ-B-II-54-01-020, Adjustment No.1; Monroe Youth Challenge Program III, Grant No. 04-CJ-B-II-54-01-019, Adjustment No.1; Safeport Residential Drug and Alcohol Treatment Center III, Grant No. 04-CJ-B-II-54-01-018, Adjustment No.1; Transitional Housing for the Homeless Substance Abuse Prevention Program IV, Grant No. 04-CJ-B-II-54-01-017, Adjustment No.1. The amendments change amounts, budgets and objectives. Board granted approval and authorized execution of Contract Amendments between Monroe County and Florida Keys Outreach Coalition; Monroe County Sheriffs Office; The United States Fellowship of Florida; and The Boys and Girls Club - the providers of programs funded by the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. TOURIST DEVELOPMENT COUNCIL Board granted approval of the Monroe County Tourist Development Council Marketing Plan 2004-2005. 08/18/2004 2004/197 Board granted approval of the appointment of Tom Butler to the Florida Keys Council of the Arts Cultural Umbrella Representative for District V, replacing Rocky Hubert Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts to extend Agreement until September 30,2006. DIVISION OF GROWTH MANAGEMENT Board granted approval of a Monroe County Planning Department Affordable Housing Deed Restriction for one dwelling unit from Victoria AIeksandrowicz, Permit No. 03-3-1774, for property described as Lot 3, Block 14, SextonCove Estates-Resubdivision, 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. Board granted approval for the transfer of one buildable lot from Michael & Agnus Brunke to Monroe County by Warranty Deed, Permit No. 02-3-1400, for property described as Lot 16, Block 8, Cahill Pines & Palms, 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 three buildable lots from Brooks W. & Susan R. Thommes for AI Amstad to Monroe County by Warranty Deeds, Permit No. 00-1-2556, for properties described as Lot 4, Block 39, Pine Crest, Big Pine Key; Lot 2, Block 3, Silver Lake Park Subdivision, Key Largo; and Lot 28, Block 25, Key Largo Park, 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 Norma 1. Barton for Mark McLaughlin to Monroe County by Warranty Deed, Permit No. 00-1-3353, for property described as Lot 18, Block 7, Ramrod Shores Subdivision, Ramrod Key. The applicant is 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 of recommendations from the Scenic Highways Advisory Group Selection Committee to select the consulting firm, Florida Heritage Group to complete the Florida Keys Scenic Highway Interpretive/Master Plan and direct staff to enter into Contract negotiations with this firm; if staff is unable to successfully negotiate a Contract with this firm, it is authorized to enter into negotiations with the second ranked firm. Board adopted the following Resolution approving the Monroe County Priority List for Projects eligible for Federal Transportation Enhancement Funds as recommended by the Florida Department of Transportation Technical Advisory Committee for the Florida Keys (DOT -TACK) and providing an effective date. 08/18/2004 2004/198 RESOLUTION NO. 311-2004 Said Resolution is incorporated herein by reference. Board granted approval for the transfer of two buildable lots from James 1. & Virginia L. Vasilopoulos and Scott G. & Lisa A. Little to Monroe County by Warranty Deed, Permit No. 03-1-2695 for property described as Lots 6 & 7, Block 17, 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 Jorge A. Tarajano to Monroe County by Warranty Deed, Permit No. 02-2-5351 for property described as Lot 1, Block 4, Largo Hi Lands, 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 two buildable lots from Coronado Court Development, Inc. for Marion Rohan, Trustee to Monroe County by Warranty Deed, Permit No. 04-3-0299, for properties described as 14-61-39 Island of Key Largo Pt Lot 2 (aka Lots 14 & 16, Block 1, Unrecorded Plat Oceana) RE: 00085440.000300; and 14-61-39 Island of Key Largo Pt Lot 2 (aka Lots 15 & 17, Block 1, Unrecorded Plat Oceana) RE: 00085440.000301. 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 to Monroe County by Warranty Deed, Permit No. 03-1-5625, for property described as Lot 12, Block 12, 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 to purchase 68 mooring buoys for the City of Key West utilizing ClAP Grant funds. Board adopted the following Resolution adopting the Annual Assessment of Monroe County Public Facilities Capacity for 2002 as submitted by the Monroe County Planning and Environmental Resources Department. RESOLUTION NO. 312-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Amendment NO.1 to Contract for Legal Services to Prepare Comprehensive Amendment to Chapter 9.5, Monroe County Code between Monroe County and Freilich, Leitner & Carlisle, dated May 30,2002. Board granted approval for one Intensity Reduction Restrictive Covenant Non-Residential from James and Barbara Jo Sharpe for a floor area intensity reduction of 348 square feet, Permit 08/18/2004 2004/199 No. 0315136 on property described as Lot 4, Block 2, Summerland Key Cove Addition 2 Summerland Key and having the Parcel Identification Number of 00190770.000000. Board granted approval for one Intensity Reduction Restrictive Covenant Non-Residential from Thomas & Kathleen Kelly for a floor area intensity reduction of 1,250 square feet, Permit No. 03105135 on a property described as Parcels C & D Part of Government Lot 8, and further described by Metes and Bounds on warranty deed having parcel identification numbers 00114700.000000 and 00114660.000000. Board granted approval for one Intensity Reduction Restrictive Covenant Non-Residential from Rudolph & Roseann Krause, Trustees for floor area intensity reduction of2,500 square feet, Permit No. 031-1577 on a property described as a parcel of land in the NW 1/4 of, Section 3 1, Township 66S, Range 29 East, on Ramrod Key and further described in Metes and Bounds on warranty deed and having the parcel identification number of 00114150.000300. Board granted approval of an Amended Monroe County Planning Department Affordable Housing Deed Restriction (Dolphin Cove Project) for nine dwelling units from Historic Tours of America, Inc., Permit Nos. 01-1-0344, 01-1-0345, 01-1-0346, 01-1-0347, 01-1-0348, 01-1-0349, 01-1-0350,01-1-0351, and 01-1-0355, for property described as Part Government Lot 3 (Sec. 3, Twp. 67, Rng. 27) SugarloafKey (RE: 00118430.000000) to reflect the Affordable Housing changes pursuant to County Ordinance No. 030-2003. Board granted approval for the transfer of three buildable lots from Thomas D. & Carrie S. Ryan to Monroe County by Warranty Deeds, Permit No. 04-1-099, for properties described as Lots 14 & 15, Block 4, Ramrod Shores Marina Section, Ramrod Key, and Lot 6, Block 8, Cahill Pines & Palms, Big Pine Key. The applicants are receiving a 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 two buildable lots from Jerry L. & Susan V. Channell to Monroe County by Warranty Deed, Permit No. 02-1-4046, for properties described as Lot 3, Block 'A', Kinercha, Big Pine Key, and Parcel'ES', Pine Key Acres, 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. MONROE COUNTY HEALTH DEPARTMENT Board granted approval and authorized execution of a Business Associate Agreement between Monroe County and Monroe County Health Department in order to share medical information about clients who may be housed in the Special Needs Shelters. COMMISSIONERS' ITEMS Board adopted the following Resolution recognizing the importance of the Latin-American Chamber of Commerce and of encouraging minority business. 08/18/2004 2004/200 RESOLUTION NO. 313-2004 Said Resolution is incorporated herein by reference. Board granted approval of Mayor Nelson's item to direct Staff to request bids for the demolition and clearing of the Quay property located at MMI02 in Key Largo. Board granted approval of Mayor Nelson's item to direct staff to fence and grade the skate board park property located at MM 1 00 and to request bids to construct the skate board park. Board granted approval of Mayor Nelson's reappointment of David Ritz to the Planning Commission for District V, with a term ending September, 2006. Board granted approval of Commissioner Spehar's reappointment of Matt Babich to the Tourist Development Council to begin August 18,2004, and to end August 17,2008. Board granted approval of Commissioner Spehar's reappointment of James Cameron to the Planning Commission to begin September of2004 and to end in September 2006. Commissioner Neugent discussed his item requesting approval from the Board to post a "No Trespassing" sign on the County right of way referring to the camel back bridge on Watson Boulevard in Tropical Bay Estates. Board granted approval of Commissioner Neugent's reappointment of June Helbling to the Tourist Development Council, with a term ending August, 2008. Board granted approval of Commissioner Rice's reappointment ofRI. Helbling to the Duck Key Security District Advisory Board, with a term ending June 1,2006. Board granted approval of a Letter of Agreement dated July 12, 2004 between Monroe County and The Noise Consultancy, LLC, to review our current noise Ordinance, and draft a new, enforceable noise Ordinance for unincorporated Monroe County. COUNTY CLERK Board granted approval of the following Warrants (4200-5083 & 102799-103815 & 207289-207417) General Fund (001), in the amount of$2,145,918.45; Fine & Forfeiture Fund (101), in the amount of$5,187,320.47; Road and Bridge Fund (102), in the amount of$127,684.28; TDC District Two Penny (115), in the amount of$454,064.35; TDC Admin. & Promo 2 Cent (116), in the amount of$584,806.98; TDC District 1,3 Cent (117), in the amount of $513,231.20; TDC District 2, 3 Cent (118), in the amount of$55,552.08; TDC District 3,3 Cent (119), in the amount of$26,109.35; TDC District 4, 3 Cent (120), in the amount of $57,322.52; TDC District 5, 3 Cent (121), in the amount of$2,798.09; Gov. Fund Type Grants (125), in the amount of$189,517.35; Impact Fees Libraries (132), in the amount of 08/18/2004 2004/201 $1,275.20; Fire & Amb Dist 1 L&M Keys (141), in the amount of$235,446.83; Upper Keys Health Care (144), in the amount of$3,639.61; Fire & Amb Dist 6 Key Largo (146), in the amount of$195,340.14; Uninc Svc Dist Parks & Rec (147), in the amount of$69,373.72; Plan, Build, Zoning (148), in the amount of$105,814.60; Municipal Policing (149), in the amount of $827,779.74; 911 Enhancement Fee (150), in the amount of$14,809.09; Duck Key Security (152), in the amount of $12,281.60; Local Housing Assistance (153), in the amount $30,671.13; Boating Improvement Fund (157), in the amount of$11,525.00; Misc. Special Revenue Fund (158), in the amount of$14,881.92; Law Enforcement Trust (162), in the amount of $31,315.16; Marathon Municipal Service (166), in the amount of$4.10; Key Largo Wastewater MSTU (170), in the amount of$55,425.23; 1 Cent Infra Surtax (304), in the amount of$2,201,858.38; Clerks Rev Note, Capital (306), in the amount of$12,421.05; 2003 Revenue Bonds (307), in the amount of$309,813.98; Card Sound Bridge (401), in the amount of$519,469.35; Marathon Airport (403), in the amount of$55,829.67; Key West IntI. Airport (404), in the amount of$1,102,294.28; MSD Solid Waste (414), in the amount of $1,530,936.57; Worker's Compensation (501), in the amount of$53,776.55; Group Insurance Fund (502), in the amount of$138,125.46; Risk Management Fund (503), in the amount of $71,063.12; Fleet Management Fund (504), in the amount of$112,934.86; Various Funds, in the amount of$1,681.53. Board granted approval of the following Fine & Forfeiture Expenditures: Court Reporter Services, Amy Landry Reporting, in the amount of$125.00; Associated Court Reporters, in the amount of$3,719.00; Catherine Webster, in the amount of $69.00; Friedman Lombardi & Olson, in the amount of$128.70; Gloria Seelig, in the amount of$125.00; Laws Reporting Inc., in the amount of$710.70; Monroe County Court Reporting, in the amount of$1,216.75; Official Reporting Service, in the amount of$21.00; Veritext II Corp, in the amount of$1,041.75. Competency Evaluation, A. Louis Oconnor PHD, in the amount of$350.00; Care Center for Mental Health, in the amount of$1,050.00; James W. Holbrook EDD, in the amount of$350.00; The Counseling Associates, in the amount of$2,150.00. Court Interpreter, Alex Diaz, in the amount of$430.00; Alfredo Babler, in the amount of$614.27; Claudia M. Hancock, in the amount of$1,260.00; Estrella Garcia, in the amount of$175.00; Gina Gonzalez, in the amount of$245.00; Jose Menendez, in the amount of$410.00; Luz Marina Cala, in the amount of $822.50; Marketa Trnka, in the amount of$50.00; Pilar Nelson, in the amount of$1,839.91. Witness Coordination, Witness Payroll, in the amount of$130.00; Witness Travel & Per Diem, in the amount of $5,760.12. Expert Witness, Integrative Counseling Services, in the amount of $100.00; James & Associates Forensic, in the amount of$787.50; Jay B. Krasner MD, in the amount of$1,500.00; Sarasota Pathology, in the amount of$87.50; Sperry Forensic Pathology, in the amount of$350.00. Court Appointed Attorney Fees - Conflict, Christine Bollong, in the amount of$997.50; Erin Nevius, in the amount of$1,372.50; Fleming Law Firm PA Inc., in the amount of$350.00; HershoffLupino & Mulick, in the amount of$850.00; James T. Nunn, in the amount of$1,417.50; Laurie Hall, in the amount of$878.50; Law Offices of Christopher Meyer, in the amount of$637.50; Law Offices of Samuel Kaufman, in the amount of$962.50; Leighton Morse, in the amount of$1,222.50; Marci Rose, in the amount of$350.00; Rayme Suarez, in the amount of$3,250.00; Richard Behr, in the amount of$802.50; Roberta Fine PA, in the amount of $350.00; Stephen Isherwood, in the amount of$7,560.00; The Margalli Law Office, in the 08/18/2004 2004/202 amount of$900.00; Timothy Nicholas Thomes PA, in the amount of$I,097.40; Tom Woods, in the amount of $2,260.24. Other Services Circuit, Knights Investigations Inc., in the amount of $1,184.44; State of Florida, in the amount of$I,034.69; William Kuypers, in the amount of $123.00. Miscellaneous Expenses, Martinez Medical Lab, in the amount of$125.00; State of Florida, in the amount of$184.80; Vernis & Bowling, in the amount of$l, 173.68; Monica Moreira, in the amount of$676.23. Board granted approval of the following Tourist Development Council Expenditures for the month of July 2004: Advertising, in the amount of$831,731.65; Bricks & Mortar Projects, in the amount of $97,728.64; Visitor Information Services, in the amount of$49,499.98; Events, in the amount of$96,719.89; Office Supplies & Oper Costs, in the amount of$45,815.76; Personal Services, in the amount of$23,809.13; Public Relations, in the amount of$101,165.65; Sales & Marketing, in the amount of$55,370.64; Telephone & Utilities, in the amount of$7,800.91; Travel, in the amount of$3,840.72. 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 to rescind Resolution No. 116-2004 concerning a Subordination Agreement and Allonge to Promissory Note in support of Tradewinds Hammocks, Ltd. Affordable Housing. COUNTY ADMINISTRATOR Board granted approval of the reappointments of Liz Kern and Debbie Remaza to the Health Council of South Florida Board of Directors, commencing on August 18, 2004 and expiring on June 30, 2006. COUNTY ATTORNEY Board granted approval to advertise an Ordinance amending Section 12.1, Monroe County Code, and creating Section 12.1-34(a), Monroe County Code, exempting certain affordable housing rentals from occupational license fees; 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 creating Section 2-3.2, Monroe County Code, authorizing payment of the funds budgeted on behalf of the Clerk of Court; providing for severability; providing for the repeal of all Ordinances inconsistent heI1ewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. 08/18/2004 2004/203 Board granted approval to advertise an Ordinance authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each have provided at least ten (10) years of Fire, Rescue and Emergency Medical Services to the residents and visitors of Monroe County and whom each have reached the age of sixty; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinance; and providing an effective date. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of a Lease Agreement between Monroe County and Beyer Funeral Home to lease premises for use as Medical Examiner facilities for a one year period, effective October 1,2004, at a cost of$2I5.00 per month, total of$2,580.00 per year. Motion carried unanimously. County Administrator, James Roberts addressed the Board. TOURIST DEVELOPMENT COUNCIL Mr. Roberts announced the following vacant positions on the Tourist Development Council District Advisory Committee for "At Large" appointments: one vacant position each for District I, District III, District IV and District V. STAFF REPORTS Clark Martin, Fire Chief advised the Board that personnel from Monroe County Fire & Rescue have traveled to Charlotte County to assist with the after math of Hurricane Charley. Tim McGarry, Growth Management Director reported to the Board concerning nutrient credits and the Land Development Regulations (LDRs) rule making process. Mayor Nelson announced that he would be traveling to Tallahassee on August 27th to meet with representatives from the Governor's Office, Florida Department of Environmental Protection, and the Florida Department of Community Affairs to discuss Monroe County's LDR rule making process. DIVISION OF GROWTH MANAGEMENT The Board was provided with the written Growth Management Litigation Report from Derek V. Howard, Esquire of the firm Morgan & Hendrick, dated August 16,2004. COMMISSIONERS' ITEMS Commissioner Rice discussed the schedule for the process of selecting the new County Administrator. Mr. Roberts addressed the Board. 08/18/2004 2004/204 Mayor Nelson discussed his item concerning a request from Thaddeus Cohen, Secretary of the Department of Community Affairs requesting an appointment of an elected official to serve as a representative on a working group to address hurricane evacuation in the Florida Keys. Motion was made by Mayor Nelson and seconded by Commissioner Neugent to appoint Commissioner McCoy to serve as Monroe County's representative. Motion carried unanimously. COUNTY ADMINISTRATOR Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of a Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc. for the D & J Industries property on Big Pine Key. Motion carried unanimously. Bill Loewy, representing Habitat for Humanity addressed the Board. The Board then recognized Bert Loudenslager who introduced several members of Habitat for Humanity. COMMISSIONERS' ITEMS Mayor Nelson discussed his item concerning approval for Monroe County to reconsider funding to match Islamorada's contribution of$14,000 to the Florida Keys Wild Bird Center. Dee Mastrangelo addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the item. Roll call vote was unanimous. Mr. Roberts addressed the Board. MISCELLANEOUS The Board recognized Ed Scales, Key West City Commissioner who was in the audience. DIVISION OF GROWTH MANAGEMENT Bruce Popham, George Garrett, Marine Resources Director; and Douglas Gregory, Extension Services discussed staff efforts to develop a Request for Proposals (RFP) for soliciting consulting services to prepare a public water access and marine facilities plan for Monroe County. No official action was taken. COMMUNITY SERVICES The Board discussed final approval of the document entitled Monroe County Pet-Friendly Special Needs Sheltering Plan Including the Standard Operating Procedures (SOP), presented by Monroe County Social Services Department, Louis LaTorre, Director dated Wednesday, July 14, 2004, the shelters will be at five locations within Monroe County ClInd one in Dade County, location to be determined. The following individuals addressed the Board: James Malloch, Community Services Director; Louis LaTorre, Social Services Director; Tom Garrettson, representing Humane Animal Care Coalition; and CeCe Crane, representing Kritter Patrol. Mr. 08/18/2004 2004/205 Roberts, and Richard Collins, County Attorney also addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to approve the document and to find a funding mechanism to facilitate the operation as presented or Monroe County assume responsibility for taking care of American's with Disabilities and their pets. Roll call vote was unanimous. W ASTEW A TER ISSUES Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval to provide the Key Largo Wastewater Treatment District mitigation dollars for the wastewater site in the amount of$294,708.08 for plant material. Motion carried unanimously. Mr. Roberts addressed the Board. DIVISION OF GROWTH MANAGEMENT 13 Mr. Garrett addressed the Board concerning direction to Staff on Card Sound Road boat ramp project near the County Card Sound Toll Booth. Mayor Nelson addressed the Board. No official action was taken. COUNTY ATTORNEY Bob Shillinger, Assistant County Attorney addressed the Board concerning the following four Settlement Agreements: Monroe County v. Gertrude and Patrick Waters, Case No. M8-98-201. Monroe County v. Michael E. & Laura M. Todd, Case No. U5-95-453. Monroe County v. David 1. Laquerre, Case No. CE03050022. Monroe County v. Gaston E. Legorburu, Jr., Case No. CE0311 0077. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to accept the above Settlement Agreements, with an amendment to the Agreement with the Todd's (Case No. U5-95-453) in the amount of$150.00 as recommended by the Mayor. Motion carried unanimously. Mr. Collins addressed the Board concerning approval of a Consent of Landlord to Assignment from Monroe County to Canalis Holding Corp. to Earthmark Co. to Ocean Sunrise Associates. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval and authorizing execution of the Assignment. Motion carried unanimously. 08/18/2004 2004/206 COMMISSIONERS' ITEMS Commissioner Spehar discussed her item concerning approval of three part-time receptionists for the Senior Centers and one full-time employee to act as Activities Coordinator for all Senior Centers. The following individuals addressed the Board: Norman Bohrer, representing Senior Center Executive's Counsel; Henry Bikofsky, representing AARP; and Louis LaTorre, representing Monroe County Social Services. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to approve three part-time receptionists for the Senior Centers. Mr. Roberts addressed the Board. Roll call vote was unammous. Commissioner Neugent introduced Dr. Lara Hansen, World Wildlife Fund's Chief Scientist for Climate Change who made a presentation regarding the current understanding of climate change, and strengthen coral reef resilience to global warming. COUNTY ATTORNEY Mr. Shillinger and Mr. Collins discussed issues relating to the prosecution of County Ordinance violations and request for authorization to seek clarification from the Attorney General of the County's ability to prosecute its own Ordinances. Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval to seek the clarification from the Attorney General. Motion carried unanimously. Mr. Shillinger made a presentation to the Board of a Settlement Offer in Monroe County v. Mark Fraleigh, Case No. CA-P03-647. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to reject the proposed settlement offer as recommended by staff Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution concerning the Settlement Agreement in the matter of CDI Investments, Inc. d/b/a Sombrero Resort and Lighthouse Marina v. Monroe County (Case No. 04-1450). Motion carried unanimously. RESOLUTION NO. 314-2004 Said Resolution is incorporated herein by reference. Mr. Shillinger discussed the Administrative Rule Challenge. The Board authorized an extension of the hearing. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, in re: the application of Steve Miller and Tonia Sledd. There was no public input Motion was 08/18/2004 2004/207 made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 315-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of First Street and a portion of an alleyway, Key Largo City, Plat No.5, Monroe County, Florida. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 316-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the Administrative Relief for Thomas NoIt on the lot described as Block 4, Lot 9, Pamela Villa, Key Largo, real estate number 00464340.000000. The relief is in the form of an offer to purchase the lot for fair market value. The Board accepted public input with the following individuals addressing the Board: Attorney Andy Tobin and Thomas NoIt. Tim McGarry, Growth Management Director addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution granting Administrative Relief at the end of four years in the form of a ROGO Allocation. Roll call vote was unammous. RESOLUTION NO. 317-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Valerio Eguizabal on the lot described as Lot 7, Block 4, Tavernier Ocean Shores, Key Largo, real estate number 00483140.000000. The relief is in the form of a dwelling unit allocation award. The Board accepted public input with the following individual addressing the Board: Maria Eguizabal. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was unammous. RESOLUTION NO. 318-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Carmen and Luis Coradeghini on the lot described as Block 2, Lot 1, Harris Ocean Park, Key Largo, real estate number 00447150.000000 in the form of an offer to purchase the lot for fair market value. The Board accepted public input with the following individuals addressing the Board: Carmen and Luis Coradeghini. Motion was made by 08/18/2004 2004/208 Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution granting Administrative Relief in the form of a ROGO Allocation. Roll call vote was unanimous. RESOLUTION NO. 319-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by David Thompson on the lot described as Lot 8, Block 8, Largo Sound Village, Key Largo, real estate number 00475480.000000 in the form ofa dwelling unit allocation award. The Board accepted public input with the following individual addressing the Board: Attorney Andy Tobin. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 320-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief for David Thompson on the lot described as Block 3, Lot 4, Unrecorded Plat Oceana, Key Largo, real estate number 00085440.000200 in the form of an offer to purchase the lot for fair market value. The Board accepted public input with the following individuals addressing the Board: Attorney Andy Tobin, David Thompson, and K. Marlene Conaway, Planning and Environmental Resources Director. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution as recommended by staff After further discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to table the item to the September meeting. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Rice Yes Commissioner Spehar Yes Commissioner McCoy Yes Mayor Nelson Yes Motion carried. RESOLUTION NO. 321-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by David Thompson on the lot described as Lot 26, Block 8, Key Largo Ocean Shores, Key Largo, real estate number 00499310.000000 in the form of a dwelling unit allocation award. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Roll call vote was unarumous. 08/18/2004 2004/209 RESOLUTION NO. 322-2004 Said Resolution is incorporated herein by reference. The second of two Public Hearings was held to consider an amendment to the Future Land Use Map (FLUM) and the Land Use District (Zoning) Map for Key Largo Ocean Resort Co-op, Inc., to amend the FLUM from Mixed Use/Commercial (MC) to Residential High (RR) and to amend the Land Use District (Zoning) Map from Improved Subdivision (IS) and Recreation Vehicle (RV) to Urban Residential Mobile Home (URM). The Board accepted public input with the following individual addressing the Board: Donald Craig, representing the applicant. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy to adopt the following two Ordinances: An Ordinance approving the request by Key Largo Ocean Resort to amend the Future Land Use Map from Mixed Use Commercial (MC) to Residential High (RR) for properties described as Parcell, SouthcliffEstates, PB-2-45 Key Largo, Pt. Tr. 9-10-11 (14.65 acres); Pt. Line Road (.75 acres); Pt. NE 1.4 of SE 1.4 (5.1 acres); Pt. Gov. Lt. 3 (.6 acres); and adjacent baybottom (5.22 acres); Parcel 2, legally described as SouthcliffEstates PB2-45 (1.95 acres) Key Largo, Monroe County, Florida. The property is located at approximately mile marker 95 and has real estate numbers 00483400.000000 and 00483390.000000. ORDINANCE NO. 023-2004 Said Ordinance is incorporated herein by reference. An Ordinance approving the request by Key Largo Ocean Resort to amend the Land Use (zoning) District Map from Recreational Vehicle (RY) and Improved Subdivision (IS) to Urban Residential Mobile Home (URM) for properties described as SouthcliffEstates, PB-2-45 Key Largo, Pt. Tr. 9-10-11 (14.65 acres); Pt. Line Road (.75 acres); Pt. NE 1.4 of SE 1.4 (5.1 acres); Pt. Gov. Lt 3 (.6 acres); and adjacent baybottom (5.22 acres); Parcel 2, legally described as SouthcliffEstates PB2-45 (1.95 acres) Key Largo, Monroe County, Florida. The property is located at approximately mile marker 95 and has the real estate numbers 00483400.000000 and 00483390.000000. ORDINANCE NO. 024-2004 Said Ordinance is incorporated herein by reference. Roll call vote was unanimous. A Public Hearing was held to consider adoption of an Ordinance amending Section 9.5-317(b)(1)d.(i) (Standards for the issuance of Building Permits in areas of special flood hazard), Monroe County Code; Providing for additional detail and comprehensiveness with regard to residential structures that abut Airport Districts (AD); Providing for severability; Providing for repeal of inconsistent provisions; Providing for incorporation into the Monroe County Code of Ordinances when effective; and Providing for an effective date. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous. 08/18/2004 2004/210 ORDINANCE NO. 025-2004 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held to consider adoption of an Ordinance approving a request of the Monroe County Planning Department to amend Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan giving the Land Authority greater latitude in spending funds to acquire lands from willing sellers; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing for 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. 026-2004 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held to consider an amendment to the Future Land Use Map (FLUM) and the Land Use (Zoning) District Map, for Sam Stoia, to amend the FLUM from Residential Low (RL) to Mixed Use/Commerical (MC) and to amend the Land Use District (Zoning) Map from Suburban Residential (SR) to Suburban Commercial (SC). There was no public input. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following two Ordinances: An Ordinance approving the request by Sam Stoia to amend the Future Land Use Map from Residential Low (RL) to Mixed Use/Commercial (MC) for the upland portion of property described by the real estate numbers 00090650.000000, 00090940.000000, 00090640.000000 and 00090950.000000 in Key Largo, Monroe County, Florida at approximately mile marker 97.9. ORDINANCE NO. 027-2004 Said Ordinance is incorporated herein by reference. An Ordinance approving the request by Sam Stoia to amend the Land Use District (Zoning) Map from Suburban Residential (SR) to Suburban Commercial (SC) for the upland portion of property described by the real estate numbers 00090650.000000,00090940.000000, 00090640.000000 and 00090950.000000 in Key Largo, Monroe County, Florida at approximately mile marker 97.9. ORDINANCE NO. 028-2004 Said Ordinance is incorporated herein by reference. Roll call vote was unanimous. A Public Hearing was held to consider approval of a Resolution adopting the Evaluation and Appraisal Report for the Monroe County Year 2010 Comprehensive Plan; Stating the intent of the Commission to amend the Comprehensive Plan based upon recommendations contained in the report and approving transmittal of the report to the Department of Community Affairs in 08/18/2004 2004/211 accordance with Section 163.3191, Florida Statutes. There was no public input. Marlene Conaway, Planning Director addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution as amended: adding an additional Section to the EAR about the Livable CommuniKeys Program and how this process develops aesthetics and design standards for the community (labeled as pages V-I, V-2, and V-3. Roll call vote was unanimous. RESOLUTION NO. 323-2004 Said Resolution is incorporated herein by reference. The second of two Public Hearings was held to consider adoption of an Ordinance amending the Year 2010 Comprehensive Plan and incorporating the Livable CommuniKeys Master Plan for Big Pine Key and NoN ame Key including revisions recommended by the Florida Department of Community Affairs (DCA) and Future Land Use Map and Land Use District Map amendments pursuant to Action Item 2.1.3 of the Master Plan. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following two Ordinances: An Ordinance amending the Year 2010 Comprehensive Plan and the Future Land Use Maps, and adopting the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as a part of the 2010 Comprehensive Plan; providing for the repeal of all Ordinances inconsistent herewith; and directing the Director of Planning and Environmental Resources to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. ORDINANCE NO. 029-2004 Said Ordinance is incorporated herein by reference. An Ordinance approving changes to the Land Use District Map for Big Pine Key and No Name Key as detailed in the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key dated August 2004; providing for the repeal of all Ordinances inconsistent herewith; and directing the Director of Planning and Environmental Resources to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. ORDINANCE NO. 030-2004 Said Ordinance is incorporated herein by reference. Roll call vote was unanimous. The first of two Public Hearings was held to consider a DCA Transmittal Resolution for approval of the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 as an amendment to the 2010 Comprehensive Plan and amendments to the Future Land Use Map and Land Use District Maps. Ms. Conaway addressed the Board throughout the hearing. The Board accepted public input with the following individuals addressing the Board: Frank Strafaci, representing Coconut Palm Inn; Sylvia Murphy, Lois Stormont, Jill Patterson, representing 08/18/2004 2004/212 Tavernier Community Association; and Nicholas W. Mulick, representing Dove Creek Lodge. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the following Resolution, as amended. Said amendment as follows: 3.1.2 Review all development plans for new commercial and transient structures greater than 2,500 square feet to assure community character of the area is considered before approval. RESOLUTION NO. 324-2004 Said Resolution is incorporated herein by reference. Roll call vote was unanimous. 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 QaUc. !1u~ Isabel C. DeSantis, Deputy Clerk