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03/20/2002 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 20, 2002 Marathon, Florida 2002/52 A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Marathon Government Center. Present and answering to roll call were Commissioner Murray Nelson, Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and Mayor Charles "Sonny" McCoy. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; James Hendrick, County Attorney; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. Commissioner Spehar addressed the Board concerning a recent e-mail sent to her concerning mammograms and announced the web site address as thebreastcancersite.com. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award for 25 years of service to Monroe County to Reggie Paros, Director, Division of Public Safety. Presentation of Years of Service Award for 15 years of service to Monroe County to Kathrine Garner, Staff Assistant, Pollution Control, Solid Waste Management, Public Works Division. Presentation of Employee of the Month Award for the month of November 2001, to Gary Boswell, Firefighter/Operation Shift Supervisor, Emergency Medical Services, Division of Public Safety. BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the following items: 03/20/02 2002/53 Board granted approval and authorized execution of a Land Lease between Monroe County and the Federal Aviation Administration for Air Traffic Control Tower (ATCT) Site, Lease No.: DTFA06-02-L-04246. Board granted approval and authorized execution of Purchase Service Order No. O1/02-14 between Monroe County and URS for environmental permitting for the Key West Airport T-Hangar Project. Board granted approval and authorized execution of Purchase Service Order No. O1/02-12 between Monroe County and URS to provide a noise contour update for the Key West International Airport. Board granted approval and authorized execution of Supplemental Joint Participation Agreement No. 1, Contract No.: AL023 between Monroe County and Florida Department of Transportation to provide funding for the Key West International Airport Terminal Modification project. Board granted approval to submit Passenger Facility Charge Revenue Application #6 to the Federal Aviation Administration. Board granted approval of Key West International Airport Security Expenditure Plan. Board granted approval and authorized execution of a Renewal Agreement for operation of the Key Largo Animal Shelter between Monroe County and Humane Animal Care Coalition, Inc. in the amount of $210,607.48 per year. Board granted approval and authorized execution of Diesel Fuel & Unleaded Gasoline Supplier Contract between Monroe County and Dion Oil Co. (the low bidder). Board granted approval to piggyback on previous bid and purchase one (1) new Case 621D Wheel Loader from Briggs Equipment, provided on Florida State Contract #760-001-99-1, Commodity Code #760-480-102 in the amount of $83,615.00. Board granted approval of a fee increase of $50.00 per month from Synagro Southeast, Inc. for operations and maintenance of the wastewater treatment plant located at the old Mariner's Hospital. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Barnes' Alarm Systems, Inc., to include the Key Largo Library for alarm system annual certification, maintenance, and monitoring. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Mowery Elevator Service, Inc. to include the elevator located in the common 03/20/02 2002/54 area and the dumbwaiter, located in the Property Appraiser's Office, at the Key West Courthouse for monthly maintenance and biennial inspections. Board granted approval and authorized execution of a Preventative Maintenance Agreement with York International for the York Centrifugal Chiller and associated cooling tower at Jackson Square. Board accepted the monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of a Standard Form of Agreement between Monroe County and General Asphalt Co., Inc. in the amount of $213,737.35 for Big Pine Key Roads IX. Board granted approval and authorized execution of a Standard Form of Agreement between Monroe County and Bee Brothers Development, Inc. in the amount of $60,280.00 for the Animal Shelter Sewer Collection System and Drainage. Board granted approval and authorized execution of a Contract for Architect/Engineering Services between Monroe County, Matthew Fowler, Architect and Thomas Timmins, P.E. for projects under $500,000.00. Board granted approval and authorized execution of a Contract for Architect/Engineering Services between Monroe County and Bender & Associates, P.A. for projects under $500,000.00. Board granted approval and authorized execution of a Contract for Architect/Engineering Services between Monroe County and William P. Horn, Architect, P.A. for projects under $500,000.00. Board granted approval for Monroe County to re -enroll in a Provider Agreement with the Florida Medicaid Program. Board granted approval to award surplus equipment Item 1 described as a Dell Computer, ID No. 0210-024; and Item 2 described as a NCR Server, ID No. 0211-038 to Williard T. Robbins. Said list is incorporated herein by reference. Board granted approval and authorized execution of USDA Rate Agreement Amendment No. 002 to Contract US-151 between Monroe County and the Alliance for Aging, Inc. for the Monroe County Nutrition Program. Board granted approval and authorized execution of Amendment 001 to Contract KZ-197 for the Alzheimer's Disease Initiative for Fiscal Year 7/1/01 thru 6/30/02 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). 03/20/02 2002/55 Board granted approval and authorized execution of Amendment 002 to Contract KH-172 for the Home Care for the Elderly for Fiscal Year 7/1/01 thru 6/30/02 (Case Management only) between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval and authorized execution of Amendment 002 to Contract KC-171 for the Community Care for the Elderly Contract for Fiscal Year 7/1/01 thru 6/30/02 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval and authorized execution of Amendment 001 to Agreement No. PA-229 (Master Agreement) for Fiscal Year 7/1/01 thru 6/30/02 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program). Board granted approval to remove surplus equipment from inventory via deletion and disposal. Said list is incorporated herein by reference. Board granted approval to apply for a grant with the Federal Emergency Management Agency's United States Fire Administration which has a 2002 Assistance to Firefighters Grant Program for a firefighting vehicle and/or equipment. Board granted approval and authorized execution of an Agreement between Monroe County and the City of Marathon concerning training of Marathon Fire -Rescue employees. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon for the transfer of EMS Mobile Home, Emergency Medical Vehicles and associated equipment. Board granted approval and authorized execution of the issuance of a Certificate of Public Convenience and Necessity Class A to Monroe County Emergency Medical Services for the operation of an ALS transport ambulance service. Board granted approval and authorized execution of the issuance of a Certificate of Public Convenience and Necessity Class A to Atlantic/Key West Ambulance, Inc., d/b/a American Medical Response for the operation of an ALS transport ambulance service. Board granted approval of a Modification of Contract between Monroe County and Florida Department of Community Affairs concerning additional funds allocated for Grant #02-CP-04-11-54-01-044. The Award Letter serves as legal modification to agreement and increases amount of funding to $131,456. 03/20/02 2002/56 Board granted approval and authorized execution of a Federally Funded Subgrant Agreement between Monroe County and the Florida Department of Community Affairs concerning an Emergency Management Preparedness Grant, #02-PR-70-07-38-01-005, in the amount of $47,310.00 Board granted approval and authorized execution of a Renewal Agreement between Monroe County, acting as the governing board for Municipal Services Taxing District #6, and Fire Tech Repair Service, Inc. concerning testing, maintenance and repair of fire rescue apparatus, effective from March 1, 2002 to February 28, 2003. Board granted approval and authorized execution of a Contract Amendment between Monroe County and the Monroe County Education Foundation, Inc. to allow match commitments from Monroe County Education Foundation and Monroe Youth Challenge, instead of match commitment from Monroe County School District. Board granted approval and authorized execution of the Certification of Acceptance of Subgrant Award No. 02-CJ-2A-11-54-01-004 between Monroe County and the Florida Department of Law Enforcement for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant. Board granted approval and authorized execution of a Residential Substance Abuse Treatment Funds Agreement between Monroe County and the Care Center for Mental Health for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Samuel's House to correct wording in Attachment C that was more restrictive than necessary in the description of services. Board adopted the following Resolution amending Resolution No. 077-1991, which created the Human Services Advisory Board, revising the conflict of interest provision (and requiring Human Services Advisory Board members to comply with state statutes regarding conflicts of interest). RESOLUTION NO. 093A-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Eagle Security Company to provide security services for the Duck Key Security District. Board granted approval to settle claim #200007GL in the amount of $70,000, date of accident February 18, 2000. 03/20/02 2002/57 Board granted approval of workers' compensation attorney fees and costs in the amount of $56,596.41. Board granted approval of appointments to the Community Task Force, which will serve as an advisory group for the upcoming Monroe County Community Health Initiative. Said membership roster is incorporated herein by reference. Also selected were R.C. Rutherford, M.D., Director of the Monroe County Health Department as Chair; and Keith Douglass, Rural Health Network of Monroe County, KidCare Director as Co -Chair. TOURIST DEVELOPMENT COUNCIL Board granted approval to advertise a Request for Bids for FY 2002 Capital Project Funding. Board adopted the following Resolution to provide advance registration for trade shows for the Fiscal Year 2003 be paid from Tourist Development Council funds in Fiscal Year 2002. RESOLUTION NO. 094-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Turn Key Events Agreement between Monroe County and Key West Investment Syndicate, Inc. covering the Offshore Worlds on November 18-24, 2002 in an amount not to exceed $40,000, DAC I, FY 2002 Third Penny Event Resources and $20,000, DAC I, FY 2002, Two Penny Special Project Resources. Board granted approval and authorized execution of the Eighth Amendment to Agreement between Monroe County, the Legendary Key Largo Chamber of Commerce, First State Bank and TIB Bank for the $268,000 appropriation of Spiegel Grove funds. AIRPORTS Board granted approval for Marathon Offshore Boat Racing to use the airport property for dry pits and the terminal building for drivers registration and meetings, contingent upon meeting all County required insurance and safety requirements. Board granted approval to pay FAA funds in the amount of $134,000 to Hangers On, Inc. rather than provide similar facilities for cancellation of the Lease Agreement, between Monroe County and Hangers On., Inc., at the request of Hangers On, Inc. Board granted approval for a flight school to operate out of the Marathon Airport Terminal on a month to month Agreement, contingent upon meeting all County and FAA requirements. 03/20/02 2002/58 DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the emergency removal of DV3A3578. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the emergency removal of marine debris located off of Big Pine Key. Board granted approval and authorized execution of a Contract Amendment between Monroe County and American Underwater Contractors, Inc. for additional work at Jolly Roger boating restricted area. Board granted approval and authorized execution of a Contract Agreement between Monroe County and A.S.A.P., Inc. for the installation of a large regulatory sign to be installed south of Jewish Creek. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the installation of nine new regulatory aids to the removal of 9 damaged aids located off of Summerland Key. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the installation and repairs of aids to navigation located in Upper Sugarloaf Sound and Sugarloaf Shores. Board granted approval and authorized execution of an Amendment to Agreement, FWC Agreement No. 0 10 10, between Monroe County and the Florida Fish and Wildlife Conservation Commission -Division of Law Enforcement to increase the current derelict vessel Grant Agreement amount from $193,000.00 to $234,700.00. Board granted approval of a Lot Aggregation Restrictive Covenant for Sally Stribling to have one dwelling unit on contiguous lots, Permit No. 01-3-3512, for property described as Lots 5, 6 & 7, Block 16, Anglers Park Subdivision, Key Largo, Real Estate Numbers 00553740.000000, 00553750.000000 & 00553760.000000. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2001, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval of a Lot Aggregation Restrictive Covenant for Randy Whitesides to have one dwelling unit on contiguous lots, Permit No. 01-3-3511, for property described as Lots 8 & 9, Block 16, Anglers Park Subdivision, Key Largo, Real Estate Numbers 00553770.000000 & 00553780.000000. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2001, has filed the document in accordance with Ordinance No. 47-1999. 03/20/02 2002/59 Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Brian W. and Candace L. Basilius, Permit No. 99-3-1013, for property described as Lot 26 & 27, Block 7, Anglers Park, Real Estate Numbers 00552280.000000 & 00552290.000000. Board granted approval and authorized execution of a Grant of Conservation Easement for Monroe County, for property described as Government Lots 1 and 2, Section 32, Township 66 South, Range 30 East, Real Estate Numbers 00106000-000000 and 00106010-000000. Board granted approval to advertise an Ordinance amending Buildings and Construction, Chapter 6, Monroe County Code; creating a new Article 1 called "General and Administrative;" repealing existing Article II and creating new Article 11 called "Permits, Inspections, and Certifications of Occupancy;" repealing existing Articles IV, VI, VIII and IX; providing for administration and enforcement of Florida Building Code as applied to Monroe County; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for severability; and providing for an effective date. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution authorizing the Growth Management Division Staff to prepare a single, comprehensive request for Beneficial Use Determination on behalf of the owners of 21 Building Permit Applications awarded ROGO allocations on Big Pine Key which have not been issued permits due to inadequate level of service on U.S. Highway 1. RESOLUTION NO. 095-2002 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the following Expenditures from the Law Enforcement Trust Fund, in the amount of $15,300.00: $10,000 This sum will be used towards the College Reach Out Program at the Florida Keys Community College to provide academic support and enrichment activities to "at -risk" students. $ 2,300 This sum will be used by the Monroe County School Board to purchase CRASH program kits for drivers education programs at the high schools. $ 3,000 This sum will be used to offset travel expenses for the Key West High School Baseball Team. 03/20/02 2002/60 Board granted approval for the Monroe County Sheriffs Office to act as jurisdiction (applicant/contact) to apply for the Bulletproof Vest Partnership Program Grant for the fourth year. COMMISSIONERS' ITEMS Board adopted the following Resolution in recognition of the late Charles Russell. RESOLUTION NO. 096-2002 Said Resolution is incorporated herein by reference. Board granted approval of Mayor McCoy's reappointment of DeeVon Quirolo to the Marine and Port Advisory Committee. Board granted approval of Commissioner Williams request concerning removal of the Bogie Channel Bridge (aka No Name Key Bridge) replacement from the FDOT Five -Year Work Plan. Board granted approval of Commissioner Williams' reappointment of Michael Ehlers and Pat Wells to the Marine and Port Advisory Committee. Board granted approval of Commissioner Neugent's appointment of David Paul Horan to the Human Services Advisory Board with appointment to expire November 2002, fulfilling the term of John Rolli. Board granted approval of Commissioner Neugent's request concerning the need for signs for all roads - whether county or private in the Big Pine Key area to have road signs designating their name for safety purposes. Board granted approval of Commissioner Spehar's reappointment of Pam Martin to serve on the Marine and Port Advisory Committee with term to expire on March 2004. Board adopted the following Resolution supporting Representative Don Brown's amendment amending Section 402.813, Florida Statutes. RESOLUTION NO. 097-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution opposing the Legislature's attempt to shift $48,000,000 in Medicaid nursing home costs to the counties. RESOLUTION NO. 098-2002 Said Resolution is incorporated herein by reference. 03/20/02 2002/61 Board adopted the following Resolution in support of adequate funding for the public education of the citizens of Monroe County and the State of Florida. RESOLUTION NO. 099-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution in support of the City of Marathon's efforts to have a 35 MPH speed limits on US 1 in Marathon. RESOLUTION NO. 100-2002 Said Resolution is incorporated herein by reference COUNTY CLERK WARRANTS Board approved the following Warrants (#62258-63620 & 202203-202329): General Fund (001), in the amount of $1,273,005.31; Sup to General Revenue (002), in the amount of $40,966.36; Fine & Forfeiture Fund (101), in the amount of $2,567,364.57; Road and Bridge Fund (102), in the amount of $195,808.82; Law Library Fund (103), in the amount of $1,875.12; TDC District Two Penny (115), in the amount of $247,579.76; TDC Admin & Promo 2 Cent (116), in the amount of $608,394.27; TDC District 1,3 Cent (117), in the amount of $89,799.11; TDC District 2,3 Cent (118), in the amount of $8,241.99; TDC District 3,3 Cent (119), in the amount of $18,306.80; TDC District 4,3 Cent (120), in the amount of $8,908.43; TDC District 5,3 Cent (121), in the amount of $8,924.24; Gov. Fund Type Grants (125); in the amount of $399,949.68; Fire & Amb Dist 1 L&M Keys (141), in the amount of $83,623.52; Upper Keys Health Care (144), in the amount of $4,429.40; Fire & Amb Dist 6 Key Largo (146), in the amount of $34,886.48; Uninc Svc Dist Parks & Rec (147), in the amount of $23,408.18; Plan, Build, Zoning (148), in the amount of $79,314.56; Municipal Policing (149), in the amount of $366,600.66; 911 Enhancement Fee (150), in the amount of $15,308.15; Duck Key Security (152), in the amount of $137.42; Local Housing Assistance (153), in the amount of $22,213.75; Boating Improvement Fund (157), in the amount of $7,157.60; Misc. Special Revenue Fund (158), in the amount of $1,044.08; Law Enforcement Trust (162), in the amount of $30,683.50; 1 Cent Infra Surtax (304), in the amount of $182,198.80; Card Sound Bridge (401), in the amount of $1,550.39; Marathon Airport (403), in the amount of $58,750.19; Key West Intl Airport (404), in the amount of $379,224.97; MSD Solid Waste (414), in the amount of $1,083,962.87; Worker's Compensation (501), in the amount of $10,268.59; Group Insurance Fund (502), in the amount of $174,265.51; Risk Management Fund (503), in the amount of $41,107.02; Fleet Management Fund (504), in the amount of $39,646.49. 03/20/02 2002/62 FINES & FORFEITURES Court Reporter Services, All Keys Reporting, in the amount of $255.00; Associated Court Reporters, in the amount of $3,731.25; Cheryl McDonough, in the amount of $77.75; Nella Robin Jones, in the amount of $174.50; Florida Keys Reporting Inc., in the amount of $202.50; Laws Reporting Inc., in the amount of $585.25; Martin B. Leshaw, in the amount of $379.59. Competency Evaluation, A. Louis OConnor PHD, in the amount of $350.00; Care Center for Mental Health, in the amount of $800.00; Lynn Langdale, in the amount of $450.00; Marshall Wolfe EDD, in the amount of $350.00; Thomas Hibberd PHD, in the amount of $950.00. Court Interpreter, Alex Diaz, in the amount of $250.00; AT&T Language Line Service, in the amount of $254.40; Basia Dziewanoski, in the amount of $50.00; Claudia M. Hancock, in the amount of $60.00; Connie Aguero, in the amount of $150.00; Estrella Garcia, in the amount of $192.50; Grace Connors, in the amount of $150.00; Jiri Dolezal, in the amount of $50.00; Martha Hernandez, in the amount of $125.00; Mary Lou Waas, in the amount of $270.00; Sergio Alvarez, in the amount of $202.50. Witness Coordination, Witness Payroll, in the amount of $45.00; Witness Travel & Per Diem, in the amount of $5,333.94. Expert Witness Expenses, Michael S. Maher, in the amount of $1,264.00; Thomas Hibberd PHD, in the amount of $1,925.00. Court Appointed Attorney Fees - Conflict, Charles M. Milligan, in the amount of $1,383.75; Christine Bollong, in the amount of $350.00; Giovana L. Upson ESQ, in the amount of $2,500.00; Gregory Davila, in the amount of $3,440.18; Halford Schuhmacher ESQ, in the amount of $1,212.75; James W. Holbrook EDD, in the amount of $500.00; Larry R. Erskine, in the amount of $1,792.50; Laurie Hall ESQ, in the amount of $390.00; Richard Behr, in the amount of $605.50; Stephen S. Isherwood, in the amount of $1,000.00. Other Services Circuit, State of Florida, in the amount of $1,277.22. Miscellaneous Expenses, State of Florida, in the amount of $852.00. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of February 2002: Advertising, in the amount of $604,123.43; Bricks & Mortar Projects, in the amount of $16,675.00; Chamber Payments, in the amount of $42,833.32; Events, in the amount of $89,008.24; Office Supplies & Oper Costs, in the amount of $56,972.64; Personal Services, in the amount of $67,011.10; Public Relations, in the amount of $43,899.99; Sales & Marketing, in the amount of $30,084.83; Telephone & Utilities, in the amount of $14,637.02; Travel, in the amount of $7,659.03. Board granted official approval of the Board of County Commissioners minutes from the Special meeting of January 15, 2002, and Regular meetings of January 16 & 17, 2002. Board granted approval of personnel allocation and reimbursement to the Florida Keys Aqueduct Authority for the Key Largo Wastewater Project, in the amount of $108,798.16. 03/20/02 2002/63 COUNTY ADMINISTRATOR Board granted approval of the re -appointment of Michael Bier, Phil Childs and Bob Nilson (2nd Alternate) to serve on the Construction Board of Adjustments and Appeals with terms to expire April 1, 2002. Board granted approval of expenditures from the Board of County Commissioners' promotional account for Christmas wreaths that were bought for the Historic Gato Cigar Factory, in the amount of $198.00. COUNTY ATTORNEY Board granted approval and authorized execution of a Interlocal Agreement between Monroe County and the Supervisor of Elections of Monroe County for the administration of vote registration and poll worker program. Board granted approval and authorized execution of a Quit Claim Deed transferring property from Monroe County to Islamorada, Village of Islands for property referred to as Drallow 29. Board granted approval and authorized execution of an Agreement between Monroe County and Enterprise Leasing Company to settle outstanding claim against Enterprise Leasing Company for underpaid commissions on car rentals at Marathon Airport. Board granted approval and authorized execution of an Emergency Transportation Agreement between Monroe County and Country Health Associates, Inc. to provide up to ten school buses (made available to County) for emergency evacuation of nursing home residents. Board granted approval to advertise an Ordinance amending Sec. 13.5-3(g), Monroe County Code in order to clarify the areas prohibited for parking recreational vehicles and campers at Higgs Beach County Park; 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 of a Stipulated Settlement of Attorney's Fees in the matter of Florida Kevs Aaueduct and Keys Citizens for Responsible Government Inc v BOCC of Monroe County and Ogden Water Systems of Key Largo with respect to Keys Citizens for Responsible Government, Inc. only. Motion carried unanimously. 03/20/02 2002/64 TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Williams and seconded by Commissioner Spehar to table, for clarification from the TDC, approval of "At Large" definition for the Monroe County Tourist Development Advisory Committees. Motion carried unanimously. DIVISION OF PUBLIC SAFETY Reggie Paros, Public Safety Director gave a report to the Board concerning meeting with hospitals in reference to Emergency Management. DIVISION OF PUBLIC WORKS Dave Koppel, County Engineer updated the Board on the schedule for the completion of Old Settlers Park, which is as follows: (1) Historic platform foundation, March 6 (2) Historic platform structure, March 15 (3) Historic platform roof, March 22 (4) Landscaping punch list, March 29 (5) Final site cleanup, March 29 (6) Road abandonment, May 31 (7) Reconfiguring road, add parking and landscaping, June 28. AIRPORTS Key West Airport Manager, Peter Horton discussed with the Board an incident at the airport where a FAA construction crew from Atlanta was installing cable between the control tower and the communication tower facility at the Old Hawk missile site, and in the course of the work, pulled out 75' of cable to the runway lights and as a result shut the runway lights out until 11 P.M. Mr. Horton also updated the Board concerning the airport's runway safety area. Florida Keys Marathon Airport Manager, Teresa Cook discussed with the Board status of the Florida Keys Marathon Airport Master Plan Project. County Administrator James Roberts, and Ms. Cook addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval and authorizing execution of a Ground Lease Agreement between Monroe County and either Hangars On or their successor, or as four (4) individual agreements with Tim Bettis, Dick Ramsey, R. Daniel Zeig, and Robert Cayce, to build enclosed hangars, contingent upon current litigation being withdrawn. Roll call vote was unanimous. Commissioner Spehar excused herself from the meeting. COUNTY ADMINISTRATOR Motion was made by Commissioner Neugent and seconded by Commissioner Williams granting approval and authorizing execution of an Agreement for the Purchase of Lands between 03/20/02 2002/65 Monroe County and Big Pine Key Joint Venture, a Florida general partnership to purchase the Mariners Resort Welcome Center building on Big Pine Key. Executive Director of the Monroe County Land Authority, Mark Rosch and Growth Management Director Tim McGarry addressed the Board. Roll call vote was unanimous, with Commissioner Spehar not present. Commissioner Spehar returned to the meeting. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution of Recommended Order of Beneficial Use on the application of James T. Friedman. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution evidencing the Board's approval of a recommended Beneficial Use Determination promulgated by the Special Master, In Re: James T. Friedman. Motion carried unanimously. RESOLUTION NO. 101-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order of Beneficial Use on the application of Maria & Aurelio delValle. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: the application of Maria & Aurelio delValle. Motion carried unanimously. RESOLUTION NO. 102-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order of Beneficial Use on the application of Charles & Johanna Kuhn. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: Charles & Johanna Kuhn. Motion carried unanimously. RESOLUTION NO. 103-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order of Beneficial Use on the application of Loschim, Inc. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: Loschim, Inc. Motion carried unanimously. 03/20/02 2002/66 RESOLUTION NO. 104-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order of Beneficial Use on the application of Samuel I. Burstyn, P.A. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: the application of Samuel I. Burstyn, P.A. Motion carried unanimously. RESOLUTION NO. 105-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order of Beneficial Use on the application of RFM Development Corporation. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: RFM Development Corporation. Motion carried unanimously. RESOLUTION NO. 106-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order for Denial of Beneficial Use for the application of Peter, Anthony & George Tsavdaris. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: Peter, Anthony, Jack & George Tsavdaris. Motion carried unanimously. RESOLUTION NO. 107-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order for Denial of Beneficial Use for the application of Nils & Mary Norling. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: Nils & Mary Norling. Motion carried unanimously. RESOLUTION NO. 108-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order for Denial of Beneficial Use for the application of Richard and Carol May. There was no public 03/20/02 2002/67 input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: Richard & Carol May. Motion carried unanimously. RESOLUTION NO. 109-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order for Denial of Beneficial Use for the application of Carol & Robert Foley. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: Carol & Robert Foley. Motion carried unanimously. RESOLUTION NO. 110-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution of Recommended Order for Denial of Beneficial Use for the application of Regina M. Gonzalez. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In Re: Regina M. Gonzalez. Motion carried unanimously. RESOLUTION NO. 111-2002 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item with the Board concerning approval to consider the proposal by the Key West Botanical Garden to purchase/develop the recently vacated Stock Island property located at 5100 College Road. The following individuals addressed the Board: Carol Sharkey, representing the Key West Botanical Society; Stuart Pimm, representing Columbia University of New York; Ed Swift, and Richard W. Keefe. Letters from City of Key West Mayor Jimmy Weekley; City Commissioner Harry Bethel; Betty Desbiens, Charter President, Key West Botanical Society; and Edwin O. Swift were entered into the record. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of the proposal. Mr. Roberts addressed the Board. After further discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to table the item to the next Board meeting in Key West. After consideration, Commissioner Spehar withdrew her previous motion. Roll call vote was unanimous. 03/20/02 2002/68 TOURIST DEVELOPMENT COUNCIL Monica Haskell, Executive Director of the Florida Keys Council of the Arts; Larry Sullivan, representing Florida Keys Council of the Arts; and Carol Fisher, representing Lower Keys Chamber of Commerce addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the Cultural Umbrella Recommendation Committee consisting of Dr. Shirley Freeman, District I; David Ethridge, District II; Bill Shaw, District III; David Cohn, District IV; and Rocky S. Hubert, District V. Roll call vote was taken with the following results: Commissioner Nelson Yes Commissioner Neugent No Commissioner Spehar Yes Commissioner Williams Yes Mayor McCoy Yes Motion carried. LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Mayor Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams and Chairperson Yvonne Harper. Public Safety Director, Reggie Paros reported to the Board on status of the implementation of EMS in Marathon by the City. Mr. Paros also reported on additional positions for the Big Pine Key Fire Station. After discussion, motion was made by Commissioner Neugent and seconded by Mayor McCoy to transfer from reserves funding for two (2) new positions at the Big Pine Key Fire Station. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an Interlocal Agreement between the Lower and Middle Keys Fire and Ambulance District and the City of Marathon concerning provision of fire rescue and emergency medical services within and adjacent to the municipal boundaries of the City of Marathon, effective from April 1, 2002 through September 30, 2002. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution authorizing the write-off of EMS Accounts Receivable (in the total amount of $1,050.67). Motion carried unanimously. RESOLUTION NO. 112-2002 Said Resolution is incorporated herein by reference. 03/20/02 2002/69 Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of a Renewal Agreement between the Board of Governors of the Lower and Middle Keys Fire and Ambulance District and Fire Tech Repair Service, Inc. concerning testing, maintenance and repair of fire rescue apparatus, effective March 1, 2002 to February 28, 2003. Motion carried unanimously. There being no further business, the meeting of the Board of Governors was adjourned. The Board of County Commissioners reconvened with all Commissioners present. COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning adoption of a Resolution designating all County Roads on Duck Key appropriate for golf cart use. The following individuals addressed the Board: Richard Adler, representing the Duck Key Security District; June Helbling, and R. J. Helbling. Letters from James S. Bicknell, III; Judy Lacke, Richard Adler, A. Dennis Kulig, Billie Kline, and James Echhardt were entered into the record. Motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the following Resolution. Roll call vote was unanimous. RESOLUTION NO. 113-2002 Said Resolution is incorporated herein by reference. DIVISION OF PUBLIC WORKS Motion was made by Commissioner Nelson and seconded by Commissioner Williams to adopt the following Resolution requesting that the Florida Department of Transportation declare Albury Boulevard in Tavernier surplus property and transfer the same to Monroe County for incorporation into Old Settlers' Park. Roll call vote was unanimous. RESOLUTION NO. 114-2002 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry reported to the Board concerning a challenge to DCA's amended rule on nutrition reduction credits. Lloyd J. Boggio, representing the Carlisle Group addressed the Board concerning his appointment by the Governor's Office to the Affordable Housing Study Commission. 03/20/02 2002/70 Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution approving an implementation plan for Flood Insurance Inspection and Compliance Program for submittal to the Federal Emergency Management Agency. Mr. Hendrick addressed the Board. Roll call vote was unammous. RESOLUTION NO. 115-2002 Said Resolution is incorporated herein by reference. Mayor McCoy discussed his item concerning a Resolution defining the inconsonant and inappropriate message conveyed by an anonymous office of FEMA to the households of the Florida Keys. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent endorsing Mayor McCoy's letter. Roll call vote was unanimous. SOUNDING BOARD The following individuals for the Sounding Board items were not present: Mark J. Vitale, President of Latitude 24 Inspection Services, Inc. concerning a proposal for a creation of a Consumer Protection Agency. Russ Rector, representing Dolphin Freedom Foundation concerning mammal stranding problems. Gene Brian DeMambro concerning motorcycle noise. DIVISION OF GROWTH MANAGEMENT County Attorney James T. Hendrick referred the Board to the written Growth Management Report from Attorney Karen K. Cabanas, dated March 20, 2002, of the firm Morgan & Hendrick. COUNTY ATTORNEY Mr. Hendrick discussed settlement of the condemnation for property located at Key Largo Ocean Resort. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar directing Growth Management to have fence removed upon entry of Order of Taking. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to adopt the following Resolution affirming the recommendations of the Florida Keys Aqueduct Authority (FKAA) for Primary and Secondary Wastewater Improvement Project areas in Key Largo and requesting that the FKAA begin work immediately to fulfill our obligations to FEMA 03/20/02 2002/71 for receipt of FEMA unmet needs grant dollars in Key Largo at the Primary Wastewater Project Area, Key Largo Trailer Village. Mr. McGarry addressed the Board. Roll call vote was unanimous. RESOLUTION NO. 156-2002 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Mayor McCoy discussed his item with the Board concerning approval of a Resolution to petition the Governor and Legislators to mandate drivers education in our public schools and to improve traffic safety of US Highway 1 (the Overseas Highway). After discussion, motion was made by Mayor McCoy and seconded by Commissioner Neugent to adopt the following Resolution, as amended to add the following: Whereas, the Governor has called for improvements that will make the section of highway known as the 18 Mile Stretch safer to move forward in all due haste with these improvements. Whereas, the.2020 transportation plan of the DOT addresses these goals we the BOCC support the Transportation plan and its worth goals. Roll call vote was unanimous. RESOLUTION NO. 116-2002 Said Resolution is incorporated herein by reference. Commissioner Neugent discussed his item with the Board concerning the purchase of _ computer equipment for the Senior Citizens Centers in Monroe County. Each of the three centers - Marathon, Big Pine Key and Key West would receive 2 Internet compatible workstations with one printer and a dedicated telephone line. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval of the item. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to consider approval of a Ordinance amending Ordinances No. 031-1988 and 033-1996, in order to change the name of the Lower and Middle Keys Fire and Ambulance District to Fire and Ambulance District 1; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Williams to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 004-2002 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider approval of a Ordinance amending Sec. 6-66(7), Monroe County Code, in order to include in mismanagement or misconduct such activity as r \` causes financial harm to subcontractors and defining material diversion from specifications and 03/20/02 2002/72 plans; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 005-2002 Said Ordinance is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Williams discussed her item with the Board concerning Modification #3 to Contract 00-DR-1W-11-54-01-002 between Monroe County and the Department of Community Affairs adding Section 5. C., and modifying Section 6.C. to Attachment A, Scope of Work. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Roll call vote was unanimous. Commissioner Williams gave a general land use update, including a request for direction for expenditure of $3.8 million EPA funds. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Williams to table the item and directing the County Attorney to schedule a meeting in the Sunshine. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table how to best utilize the EPA, DEP, and county match dollars to eliminate cesspits, unknown systems, and septic tanks in Monroe County. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution supporting a dedicated, recurring funding source to fund the Comprehensive Everglades Restoration Plan, supporting bond as you go legislation, supporting legislation that is recurring, opposing utilizing the Sadowski Affordable Housing Trust Fund to fund the Comprehensive Everglades Restoration Plan and opposing the expansion of the Florida Forever Act to include water reuse facilities. Motion carried unanimously. RESOLUTION NO. 117-2002 Said Resolution is incorporated herein by reference. Mr. McGarry addressed the Board concerning approval of a Resolution amending Resolution No. 031-2002 to remove limitations on the geographic the scope of the planning and design study for a cross -island connector on Big Pine Key and to direct the study to evaluate impacts of proposed changes in traffic patterns and volumes and to consider appropriate mitigation measures and alternatives to reduce any potential negative impacts on existing neighborhoods. The following individuals addressed the Board: Joseph Ambrose, representing Port Pine Heights Property Owner's Association; Craig Boyd, Debra S. Harrison, representing World Wildlife Fund; Bruce Schmitt, representing Association of Realtors; Jim Cameron, Carol Fisher, representing Lower Keys Chamber of Commerce; Julie Ann Allen, representing Tropical 03/20/02 2002/73 Key Colony Subdivision; Cali Berman, Carole Vereline, William Horachek, representing Tropical Key Colony; Linda Yakel, Joyce Clark Newman, Alicia Roemmele-Putney, Sherry Phillips, Robert Allen, Larry Sullivan, representing Big Pine Key Civic Association; Kevin Donohue, Jackie McLain, Kenneth Whittington, Dave Kolodzik, representing Lower Keys Chamber of Commerce; Henry Morgenstern, Esquire, representing Tropical Key Colony Subdivision Homeowners. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams to table the item. Roll call vote was taken with the following results: Commissioner Nelson No Commissioner Neugent No Commissioner Spehar Yes Commissioner Williams Yes Mayor McCoy No Motion failed. Mr. McGarry addressed the Board a second time. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Nelson Yes Commissioner Neugent Yes Commissioner Spehar Yes Commissioner Williams No Mayor McCoy Yes Motion carried. RESOLUTION NO. 118-2002 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT The following Public Hearing was deleted from the Agenda due to improper advertising: An Ordinance amending the Monroe County Code Sections 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.5-235, 9.5-248, 9.5-249, and 9.5-250; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. A Public Hearing was held to consider approval of an Ordinance to clarify public records by rescinding Section 2, amendment to Policy 101.5.4(5), contained within Ordinance No. 010-1999, which amended the residential permit allocation provisions of the Monroe County Year 2010 Comprehensive Plan. Mr. McGarry addressed the Board. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Ordinance to clarify Public Records by rescinding Section 2, amendment to Policy 101.5.4(5), of Ordinance No. 010-1999, which amended the Residential Permit Allocation 03/20/02 2002/74 provisions of the Monroe County Year 2010 Comprehensive Plan; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing for an effective date. Motion carried unanimously. ORDINANCE NO. 006-2002 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider approval of an Ordinance reorganizing and amending Chapter 9.5 Sections 227, 286, 288, and 335 through 350 of the Monroe County Code pertaining to environmental development standards, including habitat analysis, environmental design criteria, transplantation, open space, development in disturbed wetlands, and development along shorelines. The Board accepted public input with the following individuals addressing the Board: Kieran Mahoney, representing Citizens Code Committee, Beth Bergh, representing the Department of Community Affairs. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Ordinance, amending the Monroe County Land Development Regulations, Chapter 9.5, Sections 227, 286, 288, and 335 through 350, regarding environmental development standards; and deleting paragraph (c) on Page 25; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and providing for an effective date. Mr. Hendrick addressed the Board. Roll call vote was unanimous. ORDINANCE NO. 007-2002 Said Ordinance is incorporated herein by reference. The following Public Hearing was deleted from the Agenda due to improper advertising: An Ordinance amending the Monroe County Code Sections 9.5-266 (6)c, d and (8)a; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. A Public Hearing was held to consider approval of a Resolution for a Budget Amendment to the Key West Airport Fund, #404. Motion was made by Commissioner Williams and seconded by Commissioner Neugent to adopt the following Resolution to amend the Monroe County Key West International Airport Fund, #404, for the Fiscal Year ending September 30, 2002. Motion carried unanimously. RESOLUTION NO. 119-2002 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Yvonne Harper, Vice -Mayor of the City of Layton addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the 03/20/02 2002/75 following Resolution opposing the Immigration and Naturalization Services (INS) construction of a refugee holding facility in the City of Layton. Roll call vote was unanimous. RESOLUTION NO. 120-2002 Said Resolution is incorporated herein by reference. COUNTY CLERK County Clerk Danny L. Kolhage addressed the Board and discussed a memorandum from County Attorney James T. Hendrick as required by F.S. 112.3143(4). Mr. Hendrick read his memorandum into the record. COUNTY ADMINISTRATOR Mr. Roberts discussed holding a joint meeting between the Board and the City of Key West Commission sometime in the month of May, 2002. Mr. Roberts also discussed today's meeting agenda being the first meeting that the agenda was located on the County's web site. Commissioner Neugent discussed a letter he received from Waste Management. COUNTY ATTORNEY Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval of the rescission of Agreement to Transfer Restoration Obligation, which was intended to relieve Metro -Goldwyn -Mayer Pictures, Inc. from responsibility to restore property to pre -movie set conditions or demolish the structure and would have transferred the obligation to the property owner. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of Florida Recreation Development Assistance Program Amendment I to Project Grant Agreement - Development Contract No. F0208 between Monroe County and Department of Environmental Protection ratifying the Grant Agreement to name Upper Keys Community Pool as the sub -grantee. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Spear granting approval for payment of legal fees and costs in the amount of $39,117.09 for the professional services of Nabors Giblin & Nickerson in connection with analysis and potential resolution of issues presented by FKAA Key Largo Sewer Facility Contract. Roll call vote was taken with the following results: Commissioner Nelson Yes Commissioner Neugent No Commissioner Spehar Yes Commissioner Williams Yes Mayor McCoy Yes 03/20/02 2002/76 Motion carried. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of an Amendment to the FKAA/Monroe County Joint Resolution and Interlocal Agreement dated February 14, 2002. Motion carried unanimously. There being no further business to come before the Board, the meeting adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Isabel C. DeSantis, Deputy Clerk`'