Loading...
06/19/2002 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2002/137 Regular Meeting Board of County Commissioners Wednesday, June 19, 2002 Marathon, Florida 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, and Mayor Charles "Sonny" McCoy. Also present was Humberto 'Bert" Jimenez who was appointed to fulfill the term of Commissioner Nora Williams. Also present were 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. Mayor McCoy instructed the Clerk not to accept any further speaker cards after an agenda item is called. OATH OF OFFICE Honorable Judge Ruth Becker administered the Oath of Office to newly appointed Commissioner Humberto 'Bert" Jimenez. AIRPORTS Attorney Hal Schuhmacher, representing Grant Air addressed the Board on the following two items on the proposed Deletions Sheet to the Agenda: Item H4 - approval of an Amendment to Lease Agreement with Grantair Service, Inc. concerning construction, installation or purchase of a Jet A Fuel Facility at the Marathon Airport; and Item H6- approval of a Contract with ENSAT Corporation for the installation of a Jet A Fuel Facility at Grantair Fixed Base Operations at the Marathon Airport. Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to table to the next Board meeting in Key West with the provision that no action be taken on minimum standards. Motion carried unanimously. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval of the Additions, Corrections, and Deletions to the Agenda. Roll call vote was unanimous. 06/ 19/2002 2002/ 13 8 PRESENTATION OF AWARDS Presentation of Employee of the Month Award for the Month of March, 2002, to Byron "Bill" Merwin, Building Maintenance Specialist, Correction Facilities, Public Works Division. Presentation of Employee of the Month Award for the Month of February, 2002, to Al Brotons, Firefighter/Operation Shift Supervisor, Emergency Medical Services, Division of Public Safety. Presentation of Years of Service Award for 20 years of service to Monroe County to Kenneth Lohlein, Senior Maintenance Technician, Florida Keys Marathon Airport. Mayor's Proclamation proclaiming Friday, June 14, 2002 as Flag Day in Monroe County. Mayor's Proclamation proclaiming the Month of July 2002 to be Civic Leadership Month (recognizing the importance of volunteering for community service and urging citizens to seek out leadership opportunities in our community). BULK APPROVALS Chief Judge Richard G. Payne addressed the Board concerning approval of a Contract Amendment with Gonzalez Architects for the new Judicial Building in Jackson Square, Key West. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an Engineering/Construction Management Contract Amendment No. 1 between Monroe County and Gonzalez Architects for the new Judicial Building in Jackson Square, changing the amount from $337,106.00 to $616,000.00. Roll call vote was unanimous. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the following items: Board granted approval to advertise for services for ground water and surface water sampling and analysis at the Key Largo, Long Key, and Cudjoe Key Landfills. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the Monroe County Health Department for Small Quantity Hazardous Waste Assessment, Notification and Verification, increasing compensation to $72,113.21 (CPI 2.0%), and extending Agreement indefinitely. Board adopted the following Resolution authorizing the submission of the Small County Solid Waste Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2003. RESOLUTION NO. 229-2002 Said Resolution is incorporate herein by reference. 06/ 19/2002 2002/139 Board adopted the following Resolution authorizing the submission of the Solid Waste Tire Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2003. RESOLUTION NO.230-2002 Said Resolution is incorporate herein by reference. Board adopted the following Resolution authorizing the submission of the Recycling and Education Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2003. RESOLUTION NO. 231-2002 Said Resolution is incorporate herein by reference. Board adopted the following Resolution authorizing the submission of the Litter Control and Prevention Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2003. RESOLUTION NO. 232-2002 Said Resolution is incorporate herein by reference. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro Southeast, Inc. (formerly known as Ecosystematics, Inc.) for operation and maintenance of the wastewater treatment plant located at the Plantation Key Government Complex, for the final one-year period increasing cost by the CPI-U for the last 12 months available (1.6%). Board granted approval to terminate existing month -to -month Lease with Douglas R. Baetz (Higgs Beach Chair and Umbrella Rentals) and granted approval and authorized execution of a new Lease Agreement between Monroe County and Tropical Sailboats, Inc. to operate and maintain the concession for an amount of $255.00 per month or 10% of monthly gross proceeds, whichever is greater. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and of the Florida Highway Patrol to Lease for an amount of rent totaling $425.00 per month. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and General Asphalt Co., Inc., in the amount of $263,502.80, for Key Largo Roads XVI. 06/ 19/2002 2002/ 140 Board granted approval to remove surplus equipment from inventory via advertising for bids, trade in, disposal and donation. Said list is incorporated herein by reference. Board granted approval of award of bid and authorized execution of a Contract between Monroe County and Toppino's Inc. for the Government Road Exotic Removal and Revegetation Project at the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement No. 4, Contract No. AF374, between Monroe County and the Florida Department of Transportation for additional funding for the Taxiway Signage Project at the Key West International Airport, adds $15,734.00 in 5% funds, and extends the expiration date to December 31, 2003. Board granted approval and authorized execution of an Amendment to Contract No. WWW-PY'0 1 -0 1 -02 between Monroe County the South Florida Employment and Training Consortium concerning the liaison duties of Jim Malloch, and adopted the following Resolution concerning the Receipt of Unanticipated Funds. RESOLUTION NO. 233-2002 Said Resolution is incorporate herein by reference. Board granted approval and authorized execution of a Notice of Grant Award between Monroe County and the Florida Department of Transportation to purchase one 27' Bus, Diesel, W/C Lift, 2 W/C Positions. Board granted approval and authorized execution of Amendment 001 to Contract AA-229 between Monroe County and the Alliance for Aging, Inc. increasing the total funding allocation from $438,103.00 to $529,203.00. Board granted approval and authorized Mayor to sign the IV.B. Match Commitment of Cash Donation Forms, which are part of the Bid Proposal for the Alzheimer's Disease Initiative and the Home Care for the Elderly Contracts, for Fiscal Year July 1, 2002 through June 30, 2003. Board granted approval and authorized execution of a Standard Contract KG036 Community Care for Disabled Adults for Fiscal Year 7/1/02 through 6/30/03 between the Florida Department of Children and Families and Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program, the Case Management Agency). Board granted approval of revisions and updates to the June 2002 Annual Update Monroe County Local Mitigation Strategy Plan presented by the Monroe County Local Mitigation Strategy Planning (LMS) Group. 06/ 19/2002 2002/141 Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the District Board of Trustees of Florida Keys Community College (FKCC) concerning EMS training to June 30, 2003. Board granted approval to provide notice to Zhiming Li, M.D., that the Agreement dated May 16, 2001, as amended, between Monroe County and Zhiming Li, M.D., d/b/a Keys Pathology Associates, P.A. shall terminate on July 31, 2002, due to the appointment of a successor to the Interim Medical Examiner. Board granted approval and authorized execution of an Agreement between Monroe County and Michael D. Hunter, M.D., P.A., Medical Examiner, District Sixteen, effective August 1, 2002, contingent upon the Governor's appointment of Dr. Hunter to the office of Medical Examiner. Board granted approval to accept a Competitive Grant Application Award under the Emergency Management Preparedness and Assistance Competitive Grant Program for Fiscal Year 2002-2003 in the amount of $20,415 for the purchase of a portable emergency communications radio tower, from the Department of Community Affairs. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and amending Resolutions: Amending Resolution No. 134-2002 (OMB Schedule Item No. 1). RESOLUTION NO. 234-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO.235-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO.236-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO.237-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). 06/ 19/2002 2002/ 142 RESOLUTION NO. 238-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 239-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 240-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO.241-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 242-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 458-2001 (OMB Schedule Item No, 10). RESOLUTION NO. 243-2002 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 244-2002 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 245-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 246-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). 06/ 19/2002 2002/ 143 RESOLUTION NO. 247-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 248-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 249-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO.250-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 452-2001 (OMB Schedule Item No. 18). RESOLUTION NO. 251-2002 Said Resolution is incorporated here in by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 252-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 253-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 254-2002 Said Resolution is incorporated herein by reference. Board granted approval of Workers' Compensation settlement in the amount of $116,613.60, inclusive of attorney's fees and costs, for claim numbers 3/4/99 - 022098001639, 9/2/98 - 0220970001337, and 11/13/96 - 0220960001087. Board granted approval to award bids and enter into Agreements between Monroe County and: The Florida Keys Society for the Prevention of Cruelty to Animals, Ins. for operation of the Key West Animal Shelter in the amount of $323,400 per year, and Stand Up for Animals, 06/ 19/2002 2002/ 144 Inc. for operation of the Big Pine Key and Marathon Animal Shelters in the amount of $215,600 per year. Board adopted the following Resolutions to transfer funds for Fund 146/Fire & Ambulance District 6, Key Largo and Fund 503/Risk Management Fund: Concerning the Transfer of Funds. RESOLUTION NO. 255-2002 Said Resolution is incorporated herein by reference Concerning the Transfer of Funds. RESOLUTION NO. 256-2002 Said Resolution is incorporated herein by reference Board granted approval and authorized execution of an Amendment to Contract OW-PY'01-04-02 between the South Florida Employment and Training Consortium (SFETC) and Monroe County Senior Community Employment Program (SCSEP) PY 2001-2002, July 1, 2001 through September 30, 2002. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Florida Keys Fishing Tournament, Inc. to exercise option to extend Agreement for an additional two (2) year period. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Keys Association of Dive Operators to exercise option to extend Agreement for an additional two year period. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Key West Business Guild for a one year extension to promote gay and lesbian tourism. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Artificial Reefs of the Keys for the Vandenberg Project to extend Agreement to September 30, 2003. AIRPORTS Board granted approval for Skydive Sebastian to hold its annual skydiving event at the Florida Keys Marathon Airport, November 6-11, 2002. 06/ 19/2002 2002/ 145 Board granted approval and authorized execution of a Lease Renewal Agreement between Monroe County and Florida Keys Mosquito Control District for operational space at the Florida Keys Marathon Airport, extending Agreement to 9/30/06, and increasing rent to $610.32 per month. Board granted approval to reject all bids received for the construction of the Sheriff's Hangar and authorization for URS, Airport Consultants, and staff to make the necessary changes to the scope of the project and to re -bid it. DIVISION OF GROWTH MANAGEMENT Board granted approval for the transfer of two buildable lots from Matthew Moremen and Aime Hernandez to Monroe County by Warranty Deeds, Permit No. 01-3-1317, for properties described as Lot 8, Block 2, Doctors Arm Subdivision, Big Pine Key, and Lot 15, Doctors Arm 3rd Addition, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Dwight Skidmore for Raymond Osborne to Monroe County by Warranty Deed, Permit No. 01-1-4289, for property described as Lot 47, Block 5, Cutthroat Harbor Estates, Cudjoe Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2002, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of three buildable lots from Albert Arisso a/k/a Albert Ariso to Monroe County by Warranty Deeds, Permit No. 0 1 - 1 -3 654, for properties described as Lot 5, Block 9, Eden Pines Colony Fist Addition, Big Pine Key; Lot 10, Block 9, Eden Pines Colony First Addition, Big Pine Key; and Lot 32, Summerland Estates Re -subdivision No. 1, Summerland Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2002, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Mark and Daryn Page, Permit No. 97-3-772, for property described as Lots 4, 5 & 6, Block 2, Sunset Point, Key Largo. The Real Estate Nos. are 00490630-000000, 00490640-000000, and 00490650-000000. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Curtis E. and Barbara B. Booth, Permit No. 00-3-3905, for property described as Lot 17, Block 7 & all of Block 6 & a part of unused King Street, Anglers Park, Key Largo. The Real Estate No. is 00552190-000000. Board granted approval and authorized execution an Interlocal Agreement between Monroe County and the City of Marathon authorizing the transfer of funds to Monroe County for the funding of the Florida Keys Affordable Housing Coordinator. 06/ 19/2002 2002/ 146 Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal of the remaining houseboat at House Boat Row, Key West for the amount of $9,373.00. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the installation of two new channel markers and the replacement of signage on an existing channel marker, Kemp Channel, Monroe County. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Blue Water Marine, Inc. for removal of DV3A3575. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal of a travel trailer, and boat mold, Boca Chica Bay. Board granted approval of signage for a Coastal Barrier Resources System Land Use Overlay District established by Monroe County Ordinance No. 43-2001. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of disposition of inventory items for the month of June 2002, in the amount of $16,854.66. Said list is incorporated herein by reference. COMMISSIONERS' ITEMS Board adopted the following Resolution seeking the support and passage of House Bill 3878 and its counterpart in the US Senate. RESOLUTION NO. 257-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution supporting an amendment to the State Constitution to repeal the provision that requires the development and operation of a statewide high speed rail system. RESOLUTION NO. 258-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution committing our full support to the Jewish Community and their efforts to restore their place of worship and learning. RESOLUTION NO. 259-2002 Said Resolution is incorporated herein by reference. 06/ 19/2002 2002/ 147 Board granted approval to petition the Florida Division of Foresty to utilize the Hawkins Act whereas notices would be included in the tax bill communicating the States interest in managing those lands to reduce fire hazard. Board granted approval of Commissioner Neugent's appointment of Robert Mock to the Monroe County Parks and Recreation Advisory Board, term expires January 2005, replacing Teresa Walker who resigned. Board granted approval to prohibit cellphone use by the members of the Monroe County Board of County Commissioners while the commission meeting is in progress with the exception of any announced breaks. Board granted approval of Mayor McCoy's re-appointent of Michael Ingraham to the Monroe County Tourist Development Council Board, term expires September 2006. Board granted approval of Mayor McCoy's re -appointment of Shirley F. Albury to the Matecumbe Historical Board, term expires July 25, 2002. Board granted approval of Mayor McCoy's re -appointment of Irving R. Eyster to the Matecumbe Historical Board, term expires July 25, 2002. Board granted approval of additional funds in the amount of $200,000 that have been allocated from the DACs for the Spiegel Grove project and approval of amendments to the current Contract with the BOCC. Board granted approval and authorized execution of an Agreement between Monroe County and the Upper Keys Community Pool, Inc. providing for FRDAP grant funds to be paid to UKCP upon County Clerk's receipt of documentation, and rescission of the March 20, 2002 BOCC action approving Amendment I to the Project Grant Agreement. Board adopted the following Resolution supporting the Older American Advisory Board and AARP Chapters in Florida Keys concerns regarding water rates. RESOLUTION NO. 260-2002 Said Resolution is incorporated herein by reference. COUNTY CLERK WARRANTS Board approved the following Warrants (#202880-203045 & 66308-67942): General Fund (001), in the amount of $1,659,753.44; Sup to General Revenue (002), in the amount of $16,336.82; Affordable Housing Project (100), in the amount of $5,858.57; Fine & Forfeiture Fund (101), in the amount of $5,071,924.72; Road and Bridge Fund (102), 06/ 19/2002 2002/ 148 in the amount of $248,765.05; Law Library Fund (103), in the amount of $3,687.32; TDC District Two Penny (115), in the amount of $240,335.78; TDC Admin & Promo 2 Cent (116), in the amount of $505,168.70; TDC District 1,3 Cent (117), in the amount of $185,506.34; TDC District 2,3 Cent (118), in the amount of $28,064.06; TDC District 3,3 Cent (119), in the amount of $47,243.83; TDC District 4,3 Cent (120), in the amount of $52,132.08; TDC District 5,3 Cent (121), in the amount of $116,744.61; Gov. Fund Type Grants (125); in the amount of $216,181.19; Fire & Amb Dist 1 L&M Keys (141), in the amount of $77,078.72; Upper Keys Health Care (144), in the amount of $4,790.10; Fire & Amb Dist 6 Key Largo (146), in the amount of $178,682.54; Uninc Svc Dist Parks & Rec (147), in the amount of $88,168.92; Plan, Build, Zoning (148), in the amount of $200,787.98; Municipal Policing (149), in the amount of $576,269.26; 911 Enhancement Fee (150), in the amount of $14,965.29; Duck Key Security (152), in the amount of $10,488.82; Local Housing Assistance (153), in the amount of $140,267.59; Boating Improvement Fund (157), in the amount of $19,508.72; Misc. Special Revenue Fund (158), in the amount of $5,106.69; Law Enforcement Trust (162), in the amount of $145,195.45; 1 Cent Infra Surtax (304), in the amount of $405,596.26; Card Sound Bridge (401), in the amount of $2,971.13; Marathon Airport (403), in the amount of $76,950.39; Key West Intl Airport (404), in the amount of $232,773.78; MSD Solid Waste (414), in the amount of $422,345.45; Worker's Compensation (501), in the amount of $56,396.57; Group Insurance Fund (502), in the amount of $173,514.05; Risk Management Fund (503), in the amount of $449,206.02; Fleet Management Fund (504), in the amount of $92,797.98. FINES & FORFEITURES Court Reporter Services, All Key Reporting, in the amount of $1,321.50; Amy Landry Reporting, in the amount of $37.50; Associated Court Reporters, in the amount of $2,820.00; Martin B. LeShaw, in the amount of $45.00; Monroe County Court Reporting, in the amount of $503.25. Competency Evaluation, A. Louis Oconnor PHD, in the amount of $700.00; Care Center for Mental Health, in the amount of $700.00; Deborah A. Harrison PHD, in the amount of $350.00; Henry M. Storper MD, in the amount of $1,350.00; James W. Holbrook EDD, in the amount of $3,175.00; Marshall Wolfe EDD, in the amount of $700.00; Pamela A. Strother LCSW, in the amount of $350.00; Tanju Mishara PHD, in the amount of $350.00. Court Interpreter, Alex Diaz, in the amount of $345.00; Claudia M. Hancock, in the amount of $100.00; Connie Aguero, in the amount of $50.00; Drahoslava Bejdova AKA Donna Bejdova, in the amount of $25.00; Estrella Garcia, in the amount of $280.00; Grace Connors, in the amount of $65.00; Jiri Dolezal, in the amount of $50.00; Joanna Nucun, in the amount of $80.00; Martha Hernandez, in the amount of $155.00; Mary Lou Waas, in the amount of $250.00; Paula Sargent, in the amount of $325.00; Sergio Alvarez, in the amount of $240.00. Witness Coordination, Witness Payroll, in the amount of $155.00; Witness Misc. Cost, in the amount of $24.00; Witness Travel & Per Diem, in the amount of $2,066.40. Expert Witness, International Assessment, in the amount of $4,655.00; Joel Charles, in the amount of $630.00; Court Appointed Attorney Fees - Conflict, Christopher Meyer, in the amount of $5,722.50; Halford Schuhmacher ESQ, in the amount of $865.00; Joseph M. Albury PA, in the amount of $1,237.50; Laurie Hall ESQ, in the amount of $350.00; Law Offices of Manuel Garcia, in the amount of $2,201.25; Law Office of Mercy Hermida, in the amount of $2,000.00; Leighton G. Morse, in the amount of $667.50; 06/ 19/2002 2002/ 149 Michelle Cates Deal, in the amount of $174.75; Peary Fowler, in the amount of $2,500.00; Rayme Suarez, in the amount of $3,330.00; Richard M. Behr, in the amount of $351.70; The Margalli Law Office, in the amount of $2,937.50. Other Services Circuit, Nancy Rossell, in the amount of $593.11. Miscellaneous Expenses, It's Your Serve, in the amount of $26.00; Postnet, in the amount of $769.81; State of Florida, in the amount $373.05. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of May 2002: Advertising, in the amount of $738,757.49; Bricks & Mortar Projects, in the amount of $12,143.87; Chamber Payments, in the amount of $20,583.32; Events, in the amount of $75,305.19; Office Supplies & Oper Costs, in the amount of $45,757.24; Public Relations, in the amount of $54,709.01; Sales & Marketing, in the amount of $41,862.18; Telephone & Utilities, in the amount of $8,466.03; Travel, in the amount of $11,716.88. Board granted official approval the Board of County Commissioner's minutes from the Regular Meetings of April 17 & 18, 2002, and May 15, 2002. COUNTY ADMINISTRATOR Board confirmed the Administrator's appointment of Mr. Clark O. Martin, Jr. to be Monroe County Fire Chief. Board granted approval to advertise Call for Artists and Request for Qualifications (RFQ) for artwork and art installations for Monroe County Art in Public Places (AIPP) Committee Project 1: Mariners Hospital renovation, Plantation Key. COUNTY ATTORNEY Board granted approval of a Settlement in the Cuda Lane Quick Take Action of BOCC v. Key Largo Ocean Resorts Co-op, Inc. in the amount of $44,625.25. Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of Fourth Street between MacDonald Avenue and US Highway 1, Stock Island, Monroe County, Florida. RESOLUTION NO. 261-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Assignment and Assumption of Leasehold between Monroe County, the Marathon Yacht Club of Monroe County and the City of Marathon, this item will finalize the transfers related to the Yacht Club. Board granted approval for payment of legal fees and costs submitted by the Friedlander Law Firm, P.L.C. regarding Island Disposal vs. Monroe County, in the amount of $37,297.10. 06/19/2002 2002/150 Board granted approval and authorized execution of a Settlement Agreement between Richard M. Osborne, as trustee and Conch Contrada, L.C. vs. Monroe County and Joseph Paskalik, in Case No. CAK-01-108. Board adopted the following Resolution authorizing the temporary closing of the northbound lanes of US 1 from MM 98.2 to MM 100 from 10 AM to 11:30 AM on the 4th of July, 2002. RESOLUTION NO. 262-2002 Said Resolution is incorporated herein by reference. MONROE COUNTY HEALTH DEPARTMENT Board granted approval and authorized execution of a three year Lease Agreement between Monroe County, Monroe County Health Department and Alan G. Schmidt for property at 13369 Overseas Highway, Marathon, FL to house the Environmental Health operations of the Monroe County Health Department. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Barbara Smith and Patricia Rogers, representing the Key West Garden Club addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval and authorizing execution of a Contract between Monroe County and D.L. Porter Constructors, Inc., for the West Martello restrooms, contingent upon approval of a Resolution transferring funds for same. Motion carried unanimously. The Board discussed approval for Automatic Aid Agreement to be executed by County Mayor with the elimination or strike -through of the names of those entities that elected not to participate in the written agreement. Entities not executing are: City of Key West, City of Marathon, Islamorada Village of Islands, Conch Key Volunteer Fire Department and Rescue Squad, Inc., and the Key Largo Volunteer Fire/Rescue Department, Inc. County Administrator James Roberts addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table the item until after the new Fire Chief is hired. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval to spend Roadway Impact Fees for planning & design of a cross -island connector for Big Pine Key (initial phase) and construction/acquisition of connector (latter phase). Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Motion was made by Mayor McCoy and seconded by Commissioner Nelson granting 06/ 19/2002 2002/151 approval of the "At Large" appointment of Philip Hogue to the Tourist Development Council District I Advisory Committee. This position became vacant due to the resignation of Mr. Winston Burrell. Motion carried unanimously. The Board discussed approval of an "At Large" appointment to the Tourist Development Council District III Advisory Committee. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the "At Large" appointment of John Repetto to the Tourist Development Council District III Advisory Committee. Roll call vote was taken with the following results: Commissioner Jimenez No Commissioner Nelson Yes Commissioner Neugent Yes Commissioner Spehar No Mayor McCoy Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution of the Recommended Beneficial Use Determination of 21 Big Pine Key property owners, evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, in re: Application for 21 properties on Big Pine Key, Florida. The Board accepted public input with the following individuals addressing the Board: Franklin Greenman, John K. Moyant, and Frank Shepard. County Attorney James T. Hendrick addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution, with the deletion of item number 5 - Conditions, Page 6 of 7, as follows: Proposed Beneficial Use Determination 5. Each property owner shall be required to sign an affidavit releasing Monroe County from all liability, if any, past, present, and future regards to the subject property, as a condition for issuance of the subject building permit. RESOLUTION NO. 263-2002 Said Resolution is incorporated herein by reference. Roll call vote was unanimous. TOURIST DEVELOPMENT COUNCIL Mr. Roberts announced a vacant position on the Tourist Development Council District II Advisory Committee for an "At Large" appointment. 06/19/2002 2002/152 DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval for the Growth Management Division to solicit a Request for Proposals to hire consultant firms to prepare the Big Pine/US 1 Corridor -Area Enhancement Plan. Motion carried unanimously. Growth Management Director Tim McGarry updated the Board concerning the DCA Rule challenge. MONROE COUNTY SHERIFF DEPARTMENT The Board discussed approval of FY 2002 recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval of the recommendations. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT Mr. Hendrick discussed the Growth Management Litigation Report dated June 18, 2002 from Attorney Karen K. Cabanas, and particularly the Ambrose matter. DISTRICT #1 BOARD OF GOVERNORS The Board discussed the appointment of Commissioner Humberto 'Bert" Jimenez to the District # 1 Board of Governors as a result of the resignation of Commissioner Williams. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent appointing Commissioner Jimenez to the District #1 Board of Governors. Motion carried unanimously. The Board of Governors for District #1 convened. Present and answering to roll call were Commissioner Humberto 'Bert" Jimenez, Mayor Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner Dixie Spehar, and Chairperson Yvonne Harper. Motion was made by Commissioner Spehar and seconded by Commissioner Jimenez that the Automatic Aid Agreement to be executed by County Mayor with the elimination or strike -though of the names of those entities that elected not to participate in the written agreement be held until the new fire chief is hired. Entities not executing are: City of Key West, City of Marathon, Islamorada Village of Islands, Conch Key Volunteer Fire Department and Rescue Squad, Inc., and the Key Largo Volunteer Fire/Rescue Department, Inc. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of a Contract Addendum between Monroe County and Advanced Data Processing, Inc., for emergency medical services billing and related 06/ 19/2002 2002/153 professional services, to extend the term of the agreement for an additional one (1) year period. Roll call vote was unanimous. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. The Board of County Commissioners reconvened with all Commissioners present. SOUNDING BOARD Mark Vitale discussed a proposal for the creation of a Consumer Protection Agency. No official action was taken by the Board. MONROE COUNTY SHERIFF DEPARTMENT Sheriff Richard D. Roth discussed with the Board a surcharge on parking tickets to fund school crossing guards. No official action was taken by the Board. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item with the Board concerning the Sheriffs Shared Asset Fines and Forfeiture Fund, Byrne Grant, and Human Service Advisory Board and if there is coordination among groups to determine priority of funding grant requests and communication to recognize this defined priority. Mr. Roberts addressed the Board. No official was taken by the Board. Commissioner Neugent discussed his item with the Board concerning the proposed conversion of departed Commissioner Williams' office into a dental office. Dr. Mark Szurek, Ph.D., and Sandra Higgs, Community Outreach Director addressed the Board. Mr. Roberts addressed the Board. After Board discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson designating the area previously assigned to Commissioner Williams for the specific use of a dental office for the Rural Health Network. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Donald Craig, representing Tradewinds/Meridian West addressed the Board concerning approval of a Resolution authorizing the assignment of 52 ROGO Affordable Housing Allocations to Tradewinds Hammocks -Phase II in Key Largo. Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution for same. Roll call vote was unanimous. RESOLUTION NO. 264-2002 06/19/2002 2002/154 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution authorizing the assignment of ROGO allocations, transferable ROGO exempt units and nutrient reduction credits to Meridian West, Ltd. to provide for the development of Affordable Housing on Stock Island. Commissioner Nelson excused himself from the meeting. Roll call vote was unanimous, with Commissioner Nelson not present. RESOLUTION NO. 265-2002 Said Resolution is incorporated herein by reference. Commissioner Nelson returned to the meeting. Ed Swift addressed the Board concerning Affordable Housing in Monroe County. The Board discussed approval of a Stipulated Settlement Agreement between the Florida Department of Community Affairs, Monroe County, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd. The following individuals addressed the Board: James M. Hankins, Tom Davis, representing CCDK, Corp.; Graham Davis, Harry O. Keller, Vincent Damian, representing residents of Duck Key; P. Morgan Hill, Frank Greenman, June Helbling, Michelle Koby, representing the Village at Hawk's Cay Homeowner's Association; R. J. Helbling, Tom Cherniaysky, Dr. Lewis Adam, and Bicycle Joanie. Mr. McGarry, and Rebecca Jetton, representing the Florida Department of Community Affairs also addressed the Board. After Board discussion, motion was made by Commissioner Jimenez and seconded by Commissioner Neugent granting approval of the Stipulated Settlement Agreement, as amended per memo dated June 19, 2002 from Growth Management Director, Timothy J. McGarry, AICP. Said memo is incorporated herein by reference. Roll call vote was taken with the following results: Commissioner Jimenez Yes Commissioner Nelson Yes Commissioner Neugent Yes Commissioner Spehar No Mayor McCoy Yes Motion carried. PUBLIC HEARINGS A Public Hearing was held to consider the request of Hawk's Cay Resort (MM61) to amend a Development of Regional Impact (DRI) to implement a proposed Settlement Agreement between Monroe County, the Florida Department of Community Affairs, and Hawk's Cay Resort. The Board accepted public input with the following individuals addressing the Board: Donna Withington, and Vincent Damian, representing residents of Duck Key. Mr. McGarry, and Ms. Jetton also addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution, as revised, approving 06/ 19/2002 2002/ 15 5 amendments to the Development of Regional Impact (DRI) Development Order, Resolution No. 365-1986, and modifications to the Major Development approval for the Hawk's Cay Expansion DRI; providing for an effective date. Said Revision as follows: Page 2 of 3, Section 2. Number 1. Remove the "comma ()" from behind the word subarea in the third sentence of the paragraph. and Page 2 of 3, Section 2. Change the word "are" to "is" in the third sentence of the paragraph. Roll call vote was taken with the following results: Commissioner Jimenez Yes Commissioner Nelson Yes Commissioner Neugent Yes Commissioner Spehar No Mayor McCoy Yes Motion carried. RESOLUTION NO. 266-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 6.6-6, Monroe County Code, in order to adopt the 2000 Editions of the National Fire Protection Association and the 2000 Edition of the Life Safety Code. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to adopt the following Ordinance amending Sec. 6.6-6, Monroe County Code, in order to adopt the 2000 Editions of the National Fire Protection Association (NFPA-1), and the 2000 Edition of the Life Safety Code NFAP-101; 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. Roll call vote was unanimous. ORDINANCE NO. 015-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance concerning properties in locations ranked 39-45 with a Keys wide ranking in the Sanitary Wastewater Master Plan cold spots available for grant funds for unknown systems replacement and upgrade. There was no public input. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar to adopt the following Ordinance creating Sec. 15.5-19.1, Monroe County Code, in order to make properties in locations ranked 39-45 with a keys wide ranking in the Monroe County Sanitary Wastewater Master Plan Cold Spots available for grant funds for 06/ 19/2002 2002/156 unknown systems replacement and upgrade; providing such properties are subject to enforcement provisions of Sec. 15.5-18, MCC; 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. Roll call vote was unanimous. ORDINANCE NO. 016-2002 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Mayor McCoy discussed his item with the Board concerning appointment of Julio Margalli, Esq. to the Monroe County Planning Commission to the seat vacated by Denise Werling effective October 2002. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to appoint Julio Margalli, Esq. to the Monroe County Planning Commission, with a term expiring October 16, 2004. Roll call vote was unanimous. Commissioner Spehar discussed her item with the Board to approve Friday, July 5, 2002 as part of the paid 4th Holiday for the employees of Monroe County. Motion was made by Commissioner Spehar and seconded by Mayor McCoy to approve the item. Roll call vote was taken with the following results: Motion failed. Commissioner Jimenez No Commissioner Nelson No Commissioner Neugent No Commissioner Spehar Yes Mayor McCoy Yes COUNTY ADMINISTRATOR Mr. Roberts reminded the Board of the Joint BOCC/City of Key West Special Meeting to be held on Monday, June 24, 2002 at 6:00 P.M. at the Harvey Government Center at Historic Truman School. Mr. Roberts discussed status of the Botanical Gardens Project; and the hiring of the new Monroe County Fire Chief. The Board discussed extension of the Employment Agreement for the current County Attorney until a new County Attorney is hired and a transition period completed. Motion was made by Commissioner Spehar to deny the item. Motion died for lack of a second. Mr. Hendrick addressed the Board. Motion was then made by Commissioner Neugent and seconded by Commissioner Nelson granting approval and authorizing execution of an Employment Agreement Extension between Monroe County and James T. Hendrick. Roll call vote was unanimous. The Board discussed consideration and approval of changes of representation to various entities as a result of the resignation of Commissioner Williams and the appointment of 06/19/2002 2002/157 Commissioner Jimenez. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar appointing Commissioner Jimenez to the Industrial Development Authority. Motion carried unanimously. Motion was made by Commissioner Nelson and seconded by Mayor McCoy appointing Commissioner Spehar to the Board of Directors of the Florida Association of Counties. Roll call vote was unanimous. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent appointing Commissioner Jimenez to the Vendor Committee. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent that Marine Resources Director, George Garrett be recommended to the WRAC. Motion carried unanimously. The Board appointed Commissioner Nelson to the South Florida Water Management District. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson appointing Commissioner Neugent to the Affordable Housing Planner Oversight Committee. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Jimenez appointing Commissioner Spehar to the Marine Sanctuary Water Quality Steering Committee. COUNTY ATTORNEY Mr. Hendrick reported to the Board on the Island Disposal v. Monroe County; and Sunshine Key Associates. Mr. Hendrick discussed a speaker who addressed the Board during the agenda item on Hawk's Cay. Mr. Hendrick, and County Engineer Dave Koppel addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an Agreement to contribute to the construction of a Culvert with Sunset Venture, developer of Sunset Key and Marina on Stock Island. Roll call vote was unanimous. PUBLIC HEARINGS The first of two Public Hearings was held concerning an Ordinance amending Section 9.5-242, Monroe County Code; providing for wastewater treatment facilities in Improved Subdivision Districts; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; directing the 06/ 19/2002 2002/158 Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and providing an effective date. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue to the next advertised Public Hearing in Key West. Motion carried unanimously. A Public Hearing was held concerning adoption of an Ordinance amending Chapter 9.5, Sections 364, 367, 379, and 382 of the Monroe County Code in order to promote xeriscape landscaping and to expand the list of prohibited invasive exotic vegetation. There was no public input. Ralph Goudly with Monroe County Planning and Environmental Resources addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to continue the Public Hearing to the next meeting to expand the list of xeriscape plants. Bicycle Joanie addressed the Board. Motion carried unanimously. A Public Hearing was held to consider adoption of a DCA Transmittal Resolution of a proposed text amendment to the Year 2010 Comprehensive Plan requested by the Monroe County Planning Department to extend the dates of completion for certain Objectives and Policies of the Monroe County Year 2010 Comprehensive Plan. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Jimenez to adopt the following Resolution transmitting to the Florida Department of Community Affairs the request by the Monroe County Board of County Commissioners to amend the Monroe County Year 2010 Comprehensive Plan extending the dates of completion of Objective 212.1, Policy 212.1.1, Policy 212.1.2 related to Shoreline Development; Objective 213.1, Policy 213.1.1, Policy 213.1.2, Policy 213.1.4 related to beach access; Objective 401.1, Policy 401.1.1 related to mass transit; Objective 1201.10, Policy 1201.10.1, Policy 1201.10.2 related to recreation and open space. Motion carried unanimously. RESOLUTION NO.267-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a DCA Transmittal Resolution on the request by the Planning Department to repeal Policy 101.5.4-19 of the Year 2010 Comprehensive Plan and to repeal Section 9.5-122.3(a)(19) of the Monroe County Code that eliminates modest housing point assignment criteria in residential ROGO. The Board accepted public input with the following individuals addressing the Board: Bicycle Joanie. Ms. Conaway addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department to amend Policy 101.5.4-19 of the Year 2010 Comprehensive Plan by deleting the modest housing point assignment Residential ROGO Criteria for dwelling units with 1,300 square feet or less of habitable space, modular units, and non -waterfront lots, for both detached and attached residential dwelling units; and the use of transfers of ROGO exemption (TRE) for attached dwelling units. Motion carried unanimously. RESOLUTION NO. 268-2002 Said Resolution is incorporated herein by reference. 06/19/2002 2002/159 COUNTY ATTORNEY Mr. Hendrick discussed a Conditional Mediated Settlement Agreement concerning the Marathon Park condemnation litigation. Motion was made by Commissioner Neugent and seconded by Commissioner Jimenez authorizing the County Administrator to finalize same. Roll call vote was unanimous. MISCELLANEOUS Mr. Roberts announced that the Department of Health had lifted the Boil Water Order for Monroe County. 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 a Jo.,L C. k4 Isabel C. DeSantis, Deputy Clerk