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03/16/2005 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2005/48 Regular Meeting Board of County Commissioners Wednesday, March 16, 2005 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., at the Marathon Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray E. Nelson, Commissioner George R. Neugent, Commissioner David P. Rice, and Mayor Dixie M. Spehar. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Richard Collins, County Attorney; Thomas Willi, 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 McCoy and seconded by Commissioner Nelson granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Monroe Award for November 2004 to Joseph Stickney, III, Construction Inspector, Engineering Division. Presentation of Mayor's Proclamation declaring the month of March to be Women's History Month. Presentation of Mayor's Proclamation declaring the month of March, 2005 as Keys Cares Month recognizing that Keys Energy Services Utility Board and the United Way of Monroe County have established a community-giving partnership, KEYS Cares, that enable KEYS customers to easily donate for human service causes. Presentation of Mayor's Proclamation declaring the week of March 16-23,2005 to be Monroe County Literacy Volunteers' Week. Presentation of Mayor's Proclamation declaring the week of April 10-16, 2005 as National Library Week. 03/16/2005 2005/49 Presentation of Years of Services Award for 15 years of service to Monroe County to Walter Jenkins, Assistant Building Official, Marathon, Growth Management Division. BULK APPROVALS Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Revenue, and Amending: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 086-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 087-2005 Said Resolution is incorporated herein by reference. Amending Resolution No. 386-2004 (OMB Schedule Item No.3). RESOLUTION NO. 088-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 089-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 090-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 091-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 092-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 093-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 094-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). 03/16/2005 2005/50 RESOLUTION NO. 095-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 096-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 097-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 098-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 099-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 100-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 101-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 102-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 103-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 104-2005 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Contract Renewal for Financial Advisory Services between Monroe County and Public Financial Management, Inc. (PFM), financial advisors to Monroe County. 03/16/2005 2005/51 Board granted approval and authorized execution of a Scale Maintenance Agreement between Monroe County and Gulfstream Scale Company, Inc. for the scales at all three transfer stations. Board granted approval to rescind agreement as approved on December 15,2004 and authorized execution of a new Lease Agreement between Monroe County and Florida Keys Funeral Services, LC, to sublease premises for use as interim Medical Examiner facilities, for a period of eighteen months commencing on the date the premises are ready for occupancy. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement Number 5, Contract No. AK043, between Monroe County and the Florida Department of Transportation to provide funds for Planning Studies. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement Number 1, Contract No. ANJ94, between Monroe County and the Florida Department of Transportation to provide additional funding for Runway Safety Area Development at the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement Number 2, Contract No. AN103, between Monroe County and the Florida Department of Transportation to provide additional funding for Security Requirements at the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement, Contract No. ANU96, between Monroe County and the Florida Department of Transportation to provide funding for Security Equipment at the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement, Contract ANU97, between Monroe County and the Florida Department of Transportation to provide funding for a new Terminal Building at the Key West International Airport. Board granted approval of award of bid to Atlantic Metals Welding & Fabrication, Co. to replace handrails on the Customs Building at the Key West International Airport, in the amount of $44,520.00. Board granted approval and authorized execution of Purchase/Service Order No. 04/05-12 between Monroe County and URS to update and revise the Rates & Charges Study for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 04/05-11 between Monroe County and URS to provide a Finance Plan for the new Terminal Project at the Key West International Airport. 03/16/2005 2005/52 Board granted approval of award of bid to High Performance Surfacing, Inc. for decorative pedestrian traffic waterproofing at the Customs Building located at the Key West International Airport, in the amount of$23,980.00. Board granted approval and authorized execution of a Lease Amendment between Monroe County and Mountain Air Cargo, Inc. for operations at the Florida Keys Marathon Airport . Board granted approval to waive the purchasing policy requiring two or more written quotes for goods and services not to exceed $25,000 in costs and authorized entering into a Contract between Monroe County and Advanced Data Processing, Inc. (ADPI) for rescue ambulance billing and related professional services for three (3) years, June 1, 2005 through May 31, 2008, with the option to renew for two (2) additional one year periods. Board granted approval to advertise for sealed bids for the maintenance of Monroe County Fire Rescue's fire apparatus, including preventative maintenance, unscheduled maintenance and annual pump testing. Board granted approval to Rescind a Subgrant Agreement for Equipment for Florida Strategy with 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 Sub grant Agreement was approved by the Board at the August 18, 2004 BOCC meeting. Board granted approval to rescind Affiliation Agreement between the District Board of Trustees ofBroward Community College (BCC) and the Board of County Commissioners of Monroe County, Florida for Monroe County Fire Rescue (MCFR). The agreement was approved by the Board at the January 19,2005 BOCC meeting. Board granted approval to advertise a Request for Proposals (RFPs) for a Plan Administrator to provide administrative, actuarial, and investment strategy development services for Monroe County's Length of Service Awards Plan (LOSAP) for its volunteer firefighter and emergency medical services personnel. Board granted approval and authorized execution of a Standard Form of Agreement between Monroe County and B & L Beneway, Inc. in the amount of$97,254.00 for Duck Key Drainage Improvements. Board granted approval and authorized execution of a Standard Form of Agreement between Monroe County and H & R Paving Co., to purchase asphalt at a fixed rate of$35.00 per ton for a period of one (1) year, not to exceed $87,500.00. Board granted approval to spend Municipality (Key Colony Beach) Impact Fees in the amount of $171,099.00, and District 2 Roadway Impact Fees in the amount of $13 3,950.50 for the replacement of the Sadowski Causeway, Key Colony Beach. 03/16/2005 2005/53 Board granted approval for the receipt of monthly report on Change Order reviewed by the County Administrator. Board granted approval and authorized execution of an Agreement for the Purchase of Lands between Monroe County and Rockland Investment Corporation, Inc., a Florida corporation for a public works facility and record storage facility, subject to review and approval by the County Attorney, OMB/Purchasing, and Risk Management. Board granted approval and authorized execution of Amendment #00 I to Contract #KG051 Community Care for Disabled Adults (CCDA) between the State of Florida, Department of Children & Families and the Monroe County Board of County Commissioners (Monroe County Social Services/In Home Services Program) for Fiscal Year July 1, 2004 through June 30, 2005. Board granted approval to send to the Responsible Party for a Bayshore Manor resident, a notice that the Contract will be terminated and that the resident will have to evacuate Bayshore Manor no later than forty-five (45) days from the date of the Notice. If the resident does not evacuate, Bayshore Manor by the end of forty-five (45) days, this approval will also encompass authorization for the County Attorney to initiate litigation to remove the resident. Board granted approval and authorized execution of Modification #2 of Agreement Contract #04-EA-4P-11-54-01-019, LIHEAP, between Monroe County and the State of Florida, Department of Community Affairs, extending the contract two months, until May 31,2005, due to surplus funds. Board granted approval and authorized execution of a Lower Keys Bus Service Interlocal Agreement between Monroe County, the City of Key West and the City of Marathon to provide a Lower Keys Bus Service. This Interlocal Agreement will enable the City of Key West to obtain a grant for approximately 80% of the total cost of the bus service. Board granted approval to close the Marathon Branch Library on Saturday, March 26, 2005, for termite tenting. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe County and Barley's Bay Festival, Inc. covering Barley's Bay Music Festival on May 21,2005 in an amount not to exceed $10,000, DAC V, FY 2005, Third Penny Event Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Smith Travel Research, Inc. to amend scope of service to allow for an additional report, and increase compensation for additional report. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Classic Sports Events, Inc. covering the Holiday Isle Classic on 03/16/2005 2005/54 November 27 through December 4, 2005 in an amount not to exceed $40,000, DAC IV, FY 2005 Event Funding. Board granted approval and authorized execution of an Agreement between Monroe County and The Florida Keys History of Diving Museum, Inc. for the History of Diving Museum - Phase 1B in an amount not to exceed $116,021, DAC IV, FY 2005, Third Penny Capital Project Resources. Board granted approval of a revision to the Monroe County Tourist Development Council Application for Cultural Umbrella Event Funding under section III, Proposed Event Information. Changes include scoring given to the month of the event. This is an automatic number given to the month which the event is staged. Changes will be reflected within the Monroe County Tourist Development Council Operations Manual. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Key West Tourist Development Association covering Fantasy Fest on October 21-30,2005 in an amount not to exceed $95,000, DAC I, FY 2005 Event Resources and $5,000, DAC II, FY 2005 Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Upper Keys Youth Soccer, Inc. covering the Upper Keys Youth Shootout on October 1-2, 2005 in an amount not to exceed $5,000, DAC IV, FY 2005 Event Resources. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Super Boat International Productions, Inc. covering the Marathon Super Boat Grand Prix 2005 in an amount not to exceed $71,000, DAC III, FY 2005 Third Penny Event Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Florida Keys Fishing Tournaments, Inc. to revise Exhibit A showing members of the Fishing Umbrella Recommendation Committee. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Phoenix Programs of Florida, Inc. covering the Phoenix House Fun Fish Tournament to revise date of Tournament to May 5-7,2005 in an amount not to exceed $2,500, Two Penny Fishing Umbrella Funding. DMSION OF GROWTH MANAGEMENT Board granted approval for one Restrictive Covenant from Gilco Homes Inc., a Florida Corporation to have one dwelling unit on contiguous lots, Permit No. 04-3-0859, for property described as Lots 1,2, & 3, Block 14, Anglers Park, Key Largo. The applicants are receiving one dwelling unit allocation award for the year ending July 13, 2005, and have filed the document in accordance with Ordinance No. 47-1999. 03/16/2005 2005/55 Board granted approval for the transfer of two buildable lots from Lancaste Auto Sales, Inc., for Robert A. Hoy to Monroe County by Warranty Deeds, Permit No. 03-1-0929, for property described as Lots 19 & 20, Block 1, Ocean Heights, No Name Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2005, and have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval of an Affordable Housing Deed Restriction for one dwelling unit from Marx Investment Group, Permit No. 04-1-0878, for property described as Lot 45, Block 7, Indian Mound Estates, SugarloafKey. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2005, and has filed the document in accordance with Ordinance No. 47-1999. Board granted approval of two Restrictive Covenants from Ben P. & Carol A. Houser to have one dwelling unit on contiguous lots, Permit Nos. 03-1-5645 and 03-1-5646, for property described as Lots 39 & 40, Amended Plat ofSummerland Beach, Summerland Key; and one dwelling unit on contiguous lots described as Lots I & 15, Summerland Beach 5th Addition, Summerland Key. The applicants are receiving two dwelling unit allocation awards for the year ending July 13, 2005, and have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for one Affordable/Employee Housing Deed Restriction for two dwelling units from 1. Murray & Mary H. Shatt, Permit Nos. 04-1-2781 and 04-1-2783, for property described as Lots 29 & 30, Block I, Summerland Key Cove Amended, Summerland Key. The applicants are receiving two dwelling unit allocation awards for the year ending July 13, 2005, and have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for one Restrictive Covenant from Robert M. Clemmons to have one dwelling unit on contiguous lots, Permit No. 03-3-2104, for property described as Lots 4, 5, 33 & 34, Block 9, Amended Plat of Key Largo Park, Key Largo. The applicant is receiving one dwelling unit allocation award for the year ending July 13,2005, and has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Maria A. Monteavaro and Anna G. Alfonso to Monroe County by Warranty, Permit No. 01-3-0836, for property described as Lot 17 & 18, Block 6, Palma Sola, Key Largo. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2005, and have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval to reappoint Steve Henson for (1) one additional (3) three year term to the Contractors' Examining Board (CEB) for the term beginning October 2003 through October 2006 by recommendation of the CEB. Board granted approval and authorized execution of a Contract between Monroe County and the Florida Fish & Wildlife Commission (FWCC) to complete the Monroe County Public 03/16/2005 2005/56 Water Access and Marine Facilities Management Plan; approval requires waiver of policy that venue be in Monroe County. Board granted approval to advertise an Ordinance amending Section 5.5-17, Monroe County Code, in order to provide greater specificity concerning the required maintenance of trees which extend over a man-made water body as defined; 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 for two affordable Housing Deed Restrictions for two dwelling units from Habitat for Humanity of the Upper Keys, Inc., Permit Nos. 03-3-5156 and 03-3-5157, for property described as Lot 2, Block 2, & Lot 3, Block 2, Ocean Isle Estates, Key Largo. The applicant is receiving two dwelling unit allocation awards for the year ending July 13, 2005, and has filed the documents in accordance with Ordinance No. 47-1999. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the disposition of inventory items for the month of March, 2005 in the total amount of $88,826.18. Said list is incorporated herein by reference. Board granted approval and authorized execution of an Extension of Contract for Law Enforcement and Security Services at Key West International Airport between Monroe County and the Monroe County Sheriff's Office, extending the contract from October 1, 2004 through March 31, 2005. A longer term Contract will be presented to the Board after further discussions. MONROE COUNTY HOUSING AUTHORITY Board granted approval of the Board of County Commissioners' confirmation of the Governor's appointment of John Dolan-Heitlinger to the Monroe County Housing Authority Board of Commissioner's for the term of February 14, 2005 through October 2,2008. Board adopted the following Resolution providing for a Subordination of Mortgage for property encumbered by a mortgage to Monroe County in conjunction with the Monroe County State Housing Initiatives Partnership (SHIP) Program. RESOLUTION NO. 105-2005 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the late Dorothy Clare Sherman. RESOLUTION NO. 106-2005 Said Resolution is incorporated herein by reference. 03/16/2005 2005/57 COUNTY CLERK Board granted approval of the following Warrants (109649-110726 & 207974-208039): General Fund (001), in the amount of$1,524,555.29; Fine & Forfeiture Fund (101), in the amount of$3,301,130.92; Road and Bridge Fund (102), in the amount of$78,609.58; TDC District Two Penny (115), in the amount of $206,641.91; TDC Admin. & Promo 2 Cent (116), in the amount of$449,556.73; TDC District 1,3 Cent (117), in the amount of $144,774.64; TDC District 2, 3 Cent (118), in the amount of $26,619.40; TDC District 3,3 Cent (119), in the amount of$30,386.13; TDC District 4, 3 Cent (120), in the amount of $70,239.20; TDC District 5, 3 Cent (121), in the amount of$10,232.05; Gov. Fund Type Grants (125), in the amount of$98,533.77; Fire & Amb Dist 1 L&M Keys (141), in the amount of$98,452.89; Upper Keys Health Care (144), in the amount of$12,799.07; Fire & Amb Dist 6 Key Largo (146), in the amount of$79,412.27; Uninc Svc Dist Parks & Rec (147), in the amount of$40,671.56; Plan, Build, Zoning (148), in the amount of$158,020.06; Municipal Policing (149), in the amount of$461,431.46; 911 Enhancement Fee (150), in the amount of$25,273.48; Duck Key Security (152), in the amount of$97.97; Local Housing Assistance (153), in the amount of$74,483.40; Boating Improvement Fund (157), in the amount of$37,291.48; Misc. Special Revenue Fund (158), in the amount of$15,753.17; Law Enforcement Trust (162), in the amount of$6,913.14; Marathon Municipal Service (166), in the amount of$1,704.86; Conch Key Wastewater MSTU (167), in the amount of $58.44; Bay Point Wastewater MSTU (168), in the amount of$44.21; Key Largo Wastewater MSTU (170), in the amount of$1,370.82; 1 Cent Infra Surtax (304), in the amount of$643,503.92; 2003 Revenue Bonds (307), in the amount of$3,119.81; Card Sound Bridge (401), in the amount of$11,427.26; Marathon Airport (403), in the amount of $57,052.29; Key West IntI. Airport (404), in the amount of$713,065.11; MSD Solid Waste (414), in the amount of $1,017,133.84; Worker's Compensation (501), in the amount of$19,931.52; Group Insurance Fund (502), in the amount of$21,558.30; Risk Management Fund (503), in the amount of $8,132.07; Fleet Management Fund (504), in the amount of $102,937.49. Board granted approval of Tourist Development Council Expenditures for the month of February, 2005: Advertising, in the amount of $396,962.45; Visitor Information Services, in the amount of$42,833.32; Events, in the amount of$140,082.19; Office Supplies & Oper Costs, in the amount of$88,496.71; Personal Services, in the amount of$103,333.93; Public Relations, in the amount of$68,933.24; Sales & Marketing, in the amount of$73,362.18; Telephone & Utilities, in the amount of$15,654.19; Travel, in the amount of $6,792.49. Board granted approval to advertise equipment for bid and approval to remove surplus equipment from inventory via disposal. Said list is incorporated herein by reference. Board granted official approval of the Board of County Commissioners minutes from the regular meeting of January 19, 2005 and special meeting of January 6, 2005 (previously distributed). COUNTY ADMINISTRATOR 03/16/2005 2005/58 Board authorized the County Attorney to prepare proper conveyance documents to complete the transfer of property from Monroe County to Key Largo Volunteer Ambulance Corp (KL V AC). Board granted approval to solicit applications for Deputy County Administrator from existing workforce and promote one and possibly two employees to that position. In the event position is not filled internally, approval to solicit applications externally. COUNTY ATTORNEY Board authorized the County Attorney to institute litigation against Sum Air Services and/or Paradise Aviation. Board granted approval to advertise an Ordinance amending Sections 6-83(6) and 6-84(a), Monroe County Code, in order to add an additional alternate voting member to the Contractors Examining Board; 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 institute litigation against Marcia Turner to seek an injunction enjoining her from engaging in illegal vacation rentals of a leased home located on Long Key. Board granted approval to advertise a public hearing on a proposed Resolution setting the rate for attorney's fees sought by the County Attorney's Office under Section 2-365 of the Monroe County Code. Board granted approval and authorized execution of an Addendum to Agreement between the Board of County Commissioners, Monroe County, Florida and the State of Florida, Office of the Public Defender for the Sixteenth Judicial Circuit of Florida to reimburse the State for the cost of public defender representation of indigent defendants in certain criminal violations of the Monroe County Code. Board granted approval to engage the law firm of Epstein, Becker & Green, P.C. and specifically Michael W. Casey, III of the firm to handle the labor negotiations with Teamsters Local 769. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS item: Commissioner Rice abstained from voting due to a conflict of interest on the following 03/16/2005 2005/59 Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval and authorizing execution of the Employee Assistance Program Renewal Agreement for one year with the Mental Health Care Center of the Lower Keys, Inc., d/b/a Care Center for Mental Health and waiver of policy requiring going out for bid. Motion carried unanimously, with Commissioner Rice abstaining. County Attorney, Richard Collins addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval and authorizing execution of a Lease Extension Agreement and Addendum between Monroe County and Hertz Corporation for facilities at the Key West International Airport. Motion carried unanimously. Monroe County Airports Director, Peter Horton addressed the Board. STAFF REPORTS Public Works Report - County Engineer, Dave Koppel on behalf of Public Works Director, Dent Pierce updated the Board concerning the status of a clean up project at the Johnson property located on Little Torch Key. Engineering Report - County Engineer, Dave Koppel reported to the Board on the status of the following items: Medical Examiner's Facility located on Crawl Key - the Army Corps of Engineer's is requiring a recorded Conservation Easement Agreement prior to the issuance of a permit. Commissioner McCoy discussed bicycle paths/greenway appropriations for the landscaping of medians on Stock IslandlBoca Chica; Marathon Courthouse renovation project - currently is in the schematic phase; Conch Key Fire Station - currently is in the design development documents phase; Duck Key drainage improvements project - the contract was approved today (B & L Beneway, Inc.) and a Notice to Proceed will be sent to the contractor. Mayor Spehar discussed the Big Pine Key Fire Station - Mr. Koppel indicated that the county is still working with DEP concerning a land swap on the matter. Commissioner Nelson discussed the timeline of bidding documents for all the fire stations - Mr. Koppel indicated he would send the Board a spreadsheet on the matter; Key Colony Beach - the designlbuild of Sadowski Causeway Bridge repairs have begun, and on Monday, March 21,2005 at 12 noon, the dedication of the Roth Building, located in the Old Mariner's Hospital building at 50 High Point Road, Plantation Key will take place. Growth Management Report - Growth Management Director, Tim McGarry reported to the Board concerning status of the Habitat Conservation Plan (HCP) and the release of building permits for Big Pine Key. The Board directed Mr. McGarry to prepare a letter for the Mayor's signature directed to the United States Fish & Wildlife Service expressing the county's concern. Mr. McGarry also discussed the proposed Interim Development Ordinances (waterfront access & affordable housing/mobile home conversions) and indicated that they are scheduled before the Planning Commission next week. Kris Duska addressed the Board. COMMISSIONERS' ITEMS 03/16/2005 2005/60 Commissioner Nelson discussed his item concerning approval of a waiver of the six hundred dollar fee for a pre-application conference, site visit and letter of understanding for the Florida Keys Wild Bird Rehabilitation Center. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy to adopt the following Resolution for same. Motion carried unanimously. RESOLUTION NO. 106-2005 Said Resolution is incorporated herein by reference. DIVISION OF ENGINEERING Dave Koppel, County Engineer addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice to recommend to the Florida Department of Transportation (FDOT) Alternative I for the Card Sound Road/C905 Intersection and that a letter be sent to FDOT requesting they work with Monroe County Staff on this issue and that a copy be sent to the Governor. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT The Board was provided with a copy of the written Growth Management Litigation Report from Derek V. Howard, Esquire of the firm Morgan & Hendrick, dated March 1,2005. STAFF REPORTS Fire Rescue - Fire Chief Clark Martin reported to the Board on the completion of Phase I of the MSA Evolution 5000 Thermal Imaging Cameras installed in the Stock Island, Cudjoe Key, Big Pine Key, Conch Key, Tavernier, and North Key Largo Fire Stations. MONROE COUNTY SHERIFF DEPARTMENT item: Commissioner Rice abstained from voting due to a conflict of interest on the following Motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval of Fiscal Year 2005 recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board. Motion carried unanimously, with Commissioner Rice abstaining. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item concerning approval to appoint him to the National Marine Sanctuary Advisory Committee. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval of Commissioner Nelson's request. Motion carried unanimously. 03/16/2005 2005/61 Commissioner Nelson discussed his item concerning approval to not support the decision made by the Water Quality Steering Committee at a meeting held on March 4,2005. County Administrator Tom Willi addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy to not support the decision aforementioned. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Neugent No Commissioner Rice No Commissioner Nelson Yes Mayor Spehar Yes Motion carried. W ASTEW A TER ISSUES Commissioner McCoy, the Board's liaison for wastewater issues, updated the Board concerning wastewater projects in Monroe County, specifically the Stock Island Project. Marine Resources Director George Garrett discussed the status of the $3.8 million EP A Grant. Bill Krucynski, representing the Environmental Protection Agency addressed the Board. SOUNDING BOARD Ronald Stetts discussed Monroe County selling a county owned lot in Cudjoe Gardens. The County Administrator and the County Attorney addressed the Board. No official action was taken by the Board. A.1. McClung discussed tampering with public records in Monroe County. No official action was taken by the Board. COMMISSIONERS' ITEMS Commissioner Rice discussed his item concerning a Resolution of the Board of County Commissioners of Monroe County, Florida, calling on Miami-Dade Board of County Commissioners to oppose any extension to the Urban Development Boundary, to encourage infill development and adherence to the Miami-Dade County Development Master Plan as currently adopted, including the Adopted 2003 Evaluation and Appraisal Report, providing an effective date. County Attorney Richard Collins addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy to adopt the following Resolution. The Board agreed for Mayor Spehar to send a letter to Governor Bush thanking him for his position on this matter. Motion carried unanimously. RESOLUTION NO. 107-2005 Said Resolution is incorporated herein by reference. 03/16/2005 2005/62 Commissioner Nelson discussed his item concerning the purchase of Rowell's Marina to meet the goals of the proposed Interim Development Ordinance on waterfront property. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent directing the County Administrator to create a $20 million fund to purchase marine-related properties in the Upper, Middle and Lower Keys. Roll call vote was unanimous. Commissioner Nelson discussed his item concerning approval to purchase a partially completed building located at 98970 Overseas Highway, Key Largo, for an amount not to exceed $995,000. Nick Romano, representing the Key Largo Chamber of Commerce; Maureen Lackey, representing Habitat for Humanity; the County Administrator and the County Attorney addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson granting approval of the request and directing Staff to move forward with a due diligence appraisal and bring back to this Board a contract for consideration. Motion carried unanimously. COUNTY ATTORNEY Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval for the payment of an invoice for attorney's fees and costs for services rendered through February 10, 2005, by Nabors, Giblin & Nickerson in connection with the Development Utility Financing Plan. 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 aLJC.