Loading...
07/17/2002 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2002/168 Regular Meeting Board of County Commissioners Wednesday, July 17, 2002 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Harvey Government Center. Present and answering to roll call were Commissioner Humberto "Bert" Jimenez, Commissioner Murray Nelson, Commissioner George Neugent, Commissioner Dixie Spehar, 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. 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. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for the Month of April, 2002, to Gisela Doval, Custodian, Facilities Maintenance, Public Works Division. Presentation of Years of Service Award for 15 years of service to Monroe County to David S. Koppel, County Engineer, Public Works Division. Mayor's Proclamation recognizing Daniel Chamberlin for his dedication and exemplary service as a member of Boy Scout Troop 578 earning Scouting's highest rank of Eagle Scout. Commissioner Jimenez read a letter into the record from Charles Bement, Chief - Bureau of Emergency Medical Services congratulating Public Safety Director Reggie Paros for his outstanding service inspection. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval of the following items: 07/ 17/2002 2002/ 169 Board granted approval and authorized execution of Modification # 1 to Agreement, 02-PR-70-07-38-01-005 dated May 8, 2002, between Monroe County and the Department of Community Affairs concerning the development of a Terrorism Annex to the County's Comprehensive Emergency Management Plan. Board granted approval to issue a Purchase Order to Ten-8 Fire Equipment, Inc., sole source provider for MSA Products, for the purchase of ten (10) Self-contained Breathing Apparatus with spare bottles, through EMS Matching Grant EM276, in the total amount of $36,801.06. Board granted approval to remove surplus equipment from inventory via disposal. Said list is incorporated herein by reference. Board granted approval of award of bid to National Cleaning Systems, Inc., for janitorial services at the Key West International Airport, in the amount of $92,604.00 per year, and approval for National to commence services on a month to month basis, pending Agreement for services. Board granted approval to advertise a request for bids for an aircraft handicap lift device to be used to accommodate handicapped persons boarding Regional Jets at the Key West International Airport. Board granted approval to rescind Supplemental Joint Participation Agreement No. 1, Contract No. AL023 for terminal modifications at the Key West International Airport between Monroe County and the Florida Department of Transportation (FDOT) which was approved at the March 20, 2002 meeting. FDOT issued a revised Supplement No. 1, which broadened the project description, approved at the April 17, 2002 meeting. Board granted approval and authorized execution of Purchase/Service Order No. 01/02-31 between Monroe County and URS to prepare Passenger Facility Charge Application No. 7, for the Key West International Airport. Board adopted the following Resolution adopting the tentative residential solid waste collection, disposal and recycling rates for the Fiscal Year 2002 - 2003. RESOLUTION NO. 271-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution establishing the tentative per month solid waste collection, disposal, and recycling service rates for commercial property in the various solid waste collection franchise areas. RESOLUTION NO. 272-2002 Said Resolution is incorporated herein by reference. 07/ 17/2002 2002/170 Board granted approval to advertise Public Hearings concerning the annual non -ad valorem assessment for the collection, disposal, and recycling of residential solid waste; and the establishment of collection, disposal, and recycling rates for commercial waste stream generators. Board granted approval to purchase and install one (1) Key West Marine Park Sign for Higgs Beach. The Key West Marine Park Project is a cooperative venture between the City of Key West and Reef Relief. The boundaries of the marine park extend from the White Street Pier to Duval Street and include three swim lanes and two vessel access lanes marked with buoys. Board granted approval to enter into a Security Agreement with a law enforcement officer at the Mariner's Resort Park site in Big Pine Key, pending appointee by the Sheriff. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted authorization for the County Administrator or his designee to accept Local Law Enforcement Block Grant award via Internet as required by U.S. Department of Justice, Bureau of Justice Assistance. Board granted approval to accept proposal from Arthur J. Gallagher to provide Airport Liability Insurance at an annual premium of $66,621. Board granted approval of a worker's compensation settlement in the amount of $120,000.00 inclusive of attorneys fees and costs for claim number 998748-LFE for date of accident 6/11/98. Board granted approval of the renewal of the worker's compensation Contract between Monroe County and Preferred Governmental Claim Solutions to provide Third Party Administration Services for the workers' compensation program for Monroe County. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and amending Resolutions: Amending Resolution No. 195-2002 (OMB Schedule Item No. 1). RESOLUTION NO.273-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 194-2002 (OMB Schedule Item No. 2). RESOLUTION NO.274-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). 07/ 17/2002 2002/171 RESOLUTION NO.275-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 276-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 277-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO.278-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 279-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO.280-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 207-2002 (OMB Schedule Item No. 9). RESOLUTION NO. 281-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 282-2002 Said Resolution is incorporated by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 283-2002 Said Resolution is incorporated by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). 07/ 17/2002 2002/ 172 RESOLUTION NO. 284-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO.285-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO.286-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 287-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 288-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 289-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 290-2002 Said Resolution is incorporated here in by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO.291-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO.292-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). 07/ 17/2002 2002/ 173 RESOLUTION NO. 293-2002 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO.294-2002 Said Resolution is incorporated herein by reference. Rescind Resolution No. 234-2002 (OMB Schedule Item No. 23). RESOLUTION NO. 295-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 450-2001 RESOLUTION NO.296-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 163-2002 RESOLUTION NO. 297-2002 Said Resolution is incorporated herein by reference. Amending Resolution No. 164-2002 RESOLUTION NO.298-2002 Said Resolution is incorporated herein by reference. Board granted approval to purchase one transportation bus using the Public Transportation Joint Participation Agreement between Monroe County and the State of Florida Department of Transportation by piggy backing on the FDOT FVPP-02-CA-1 Florida Vehicle Procurement Program. Board granted approval and authorized execution of a Standard Coordination/Operator Contract between Monroe County and the Guidance Clinic of the Middle Keys serving as the Community Transportation Coordinator for the State of Florida (Contract year 07/01/02 - 06/30/03). Board granted approval and authorized execution of Electronic Remittance Voucher Agreement between Monroe County and the Agency for Health Care Administration Florida Medicaid that will allow Monroe County to receive claim remittance vouchers electronically for EMS, Transportation, In -Home Services, Bayshore Manor, Assisted Care Services and the Nutrition programs. 07/ 17/2002 2002/174 Board granted approval and authorized execution of USDA Rate Agreement Amendment No. 001, Contract US-251, between Monroe County and the Alliance for Aging, Inc. changing amount of reimbursement for meals provided to senior clients from $27,756 to $29,750 due to availability of funds. Board granted approval and authorized execution of an Amendment to Contract No. OW-PY'01-04-03, Senior Community Service Employment Program, between Monroe County and the South Florida Employment and Training Consortium (SFETC) and Service Provider due to the increase of funds by $16,016 to continue providing services for the period of July 1, 2002 through September 30, 2002. Board granted approval and authorized execution of Master Agreement No. PA329 for Fiscal Year 7/l/02 through 12/31/02 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County In Home Service Program/Monroe County Nutrition Program). Board granted approval and authorized execution of Alzheimer's Disease Initiative Contract No. KZ297 for Fiscal Year 7/l/02 through 6/30/03 between the Alliance for Aging, Inc. 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 Community Care for the Elderly Contract No. KC271 for Fiscal Year 7/l/02 through 6/30/03 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 Home Care for the Elderly Contract No. KH272 for Fiscal Year 7/l/02 through 6/30/03 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 an Agreement Addendum between Monroe County and the Ocean Reef Volunteer Fire Department, Inc., providing for their volunteer firefighters to be included in the Worker's Compensation Program for Monroe County. Board adopted the following Resolution amending Resolution 477A-2001, concerning the Receipt of Unanticipated revenue for cost center 04556/Tropical Storm Mitch 125/Governmental Fund Type Grants. RESOLUTION NO. 299-2002 Said Resolution is incorporated herein by reference. 07/ 17/2002 2002/ 175 TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of the Ninth Amendment to Agreement (Additional Funding from DAC V and DAC IV) between Monroe County and the Legendary Key Largo Chamber of Commerce appropriating an additional $200,000 of District IV and District District V tourist development funds to be applied to the Spiegel Grove Project, and encompassing those items in the June 19 BOCC agenda item that need commemoration in an amendment. Board granted approval and authorized execution of an Interlocal Agreement for Grant of Funds between Monroe County and Islamorada, Village of Islands for the Amphitheater Project in an amount not to exceed $149,672, DAC IV, Third Penny Capital Project Resources FY 2002. Board granted approval and authorized execution of an Agreement between Monroe County and Stuart Newman Associates, Inc., to provide public relations services for Monroe County Tourist Development Council and Monroe County commencing October 1, 2002. Board adopted the following Resolution transferring funds. RESOLUTION NO.300-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Grant of Funds between Monroe County and Red Barn Theatre for the Red Barn Theatre Improvement & Remodel Phase II project in an amount not to exceed $150,000, DAC I, Third Penny Capital Project Resources FY 2002. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and the City of Key West for the Kitsos-Berg Walkway -Walkover project, allowing for an extension of the Agreement until December 31, 2002. Board granted approval and authorized execution of a Grant of Funds between Monroe County and Friends of Mallory Square, Inc. for the Key West - Florida Keys Historical Military Memorial Project in an amount not to exceed $65,000, DAC I, Third Penny Capital Project Resources, FY 2002. Board granted approval and authorized execution of a Grant of Funds between Monroe County and Florida Keys Land & Sea Trust for the Boardwalk Expansion and Center at Crane Point project in an amount not to exceed $87,950, DAC III, Third Penny Capital Project Resources, FY 2002. Board granted approval and authorized execution of a Grant of Funds between Monroe County and the Dolphin Research Center for Repair of the Gift Shop Roof and Install Tiki Structure in an amount not to exceed $11,116.00, DAC III, Third Penny Capital Resources, FY 2002. 07/17/2002 2002/ 176 Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Key West Botanical Garden Society amending Exhibit 2 as of the date of Agreement. Board granted approval and authorized execution of a Grant of Funds between Monroe County and the Upper Keys Community Pool for the purchase of competition equipment for the Jacob's Aquatic Center in an amount not to exceed $102,000.00, DAC V, Third Penny Capital Project Resources, FY 2002. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Merle L. and Carmen Prebel, Permit No. 01-3-449, for property described as Pt of Lt 11 and the adjoining part of Tract A, Harbor Course Sec 1, Ocean Reef Plat #13, PB7 Pg 3. The Real Estate Number is 00572797-001600. Board granted approval and authorized execution of a Grant of Conservation Easement between Monroe County and Robert Hirsch, for property described as Lot 9, Block 1, Summerland Beach Addition 2, Summerland Key, Florida. The Real Estate Number is 00197220-000000. Board granted approval and authorized execution of a Release of the Affordable Housing Deed Restriction requested by Nancy & Richard Chatelaine, filed by Anthony Paterniti on June 18, 1993, for their property on Big Pine Key identified by Real Estate Number 00109710-000400. Board granted approval of a Lot Aggregation Restrictive Covenant from Marvin Barrett to have one dwelling unit on contiguous lots, Permit No. 02-03-0309, for property described as Lots 14, 15, 18 and 19, Block 12, Anglers Park, Key Largo. 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 from Marvin Barrett to have one dwelling unit on contiguous lots, Permit No. 02-03-1021, for property described as Lots 1, 2, 10 and 11, Block 13, Anglers Park, Key Largo. 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 from Tim Chapman and Charlene Hall to have one dwelling unit on contiguous lots, Permit No. 00-01-2667, for property described as Lots 18 and 19, Block 2, Torchwood West Unit 2, Big Torch. The applicants receiving one dwelling unit allocation award for the year ending July 13, 2001, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval of an Affordable Housing Deed Restriction for a dwelling unit from Thomas J. Nolt, Permit No. 02-3-816, for property described as Lot 4, Block 4, Harris 07/ 17/2002 2002/ 177 Ocean Park Estates, Key Largo. 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 for the transfer of one buildable lot from Condor Construction to Monroe County by Warranty Deed, Permit No. 00-3-3484, for property described as Lot 7, Block 20, Sands Subdivision, Big Pine 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 to apply for Starter Kit Grant funding in the amount of $50,000.00 from the Florida Office of Greenways and Trails to assist with the implementation of the Florida Overseas Heritage Trail State Park. Board granted approval to rescind the Florida Keys Overseas Heritage Trail Development Agreement between Monroe County and the Florida Department of Environmental Protection (DEP) approved at the June 21, 2001, meeting that was not executed by DEP. Board granted approval to rescind County Incentive Grant Program Agreement, Financial Project No. 410504-1-54-01, between Monroe County and the Florida Department of Transportation that was approved at the September 20, 2001, meeting that was not executed by DEP. This Agreement was replaced by a new Agreement approved by the Board at the November 21, 2001 meeting. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal of marine debris/derelict vessel located off of the bay side of Marathon, Monroe County. Board granted approval and authorized execution of a Contract Agreement between Monroe County and American Underwater Contractors, Inc., for the emergency repairs to Tavernier Creek channel markers. Board granted approval and authorized execution of a Contract Agreement between Monroe County and A.S.A.P. Marine Contractors, Inc., for the emergency repair of channel markers located in Matecumbe Harbor (#4) and Cow Key Channel (#15), Monroe County. Board granted approval and authorized execution of an Addendum to Software License Agreement between Monroe County and Sungard Pentamation, Inc. to upgrade the permitting software and provide on -site training to the Building and Code Enforcement Departments. Board granted approval for the transfer of one buildable lot from Oscar and Marlen Casariego to Monroe County by Warranty Deed, Permit No. 00-03-2887, for property described as Lot 3, Block 24, Sands Subdivision, Big Pine 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. 07/ 17/2002 2002/ 178 Board granted approval for the transfer of two buildable lots from William V. & Cecilia Welzien to Monroe County by Warranty Deeds, Permit No. 00-01-5355, for property described as Lot 12, Block 7, Pine Grove Subdivision, Big Pine Key, and Lot 3, Block 6, Palm Villa Subdivision, 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 of a Lot Aggregation Restrictive Covenant from George W. & Elaine D. Elam, and Joseph & Shannon Biondoletti to have one dwelling unit on contiguous lots, Permit No. 00-3-3456, for property described as Lots 17, 18 and 19, Block 2, Sunset Point, Key Largo. The applicants receiving one dwelling unit allocation award for the year ending July 13, 2001, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Arnolds Auto & Marine Repair, Inc., for the removal of derelict vessels Zone 1-2002. Board granted approval for the transfer of one buildable lot from Dwight Skidmore for Raymond Osborne to Monroe County by Warrant Deed, Permit No. 01-01-4288, for property described as Lot 2, Block 8, Doctors Arm 2nd Addition, Big Pine Key. The applicant receiving one dwelling unit allocation award for the year ending July 13, 2001, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval and authorized execution of a Grant Agreement between Monroe County and the South Florida Water Management District (SFWMD) to provide the County up to $800,000 in funds for stormwater management improvements on County's roadways and the following Resolutions for the Transfer of Funds and Receipt of Unanticipated Funds. Receipt of Unanticipated Funds RESOLUTION NO. 269-2002 Said Resolution is incorporated herein by reference. Transfer of Funds RESOLUTION NO. 270-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Stipulated Settlement Agreement for John Moore v. Monroe County, Case No. CAP-01-210, agreeing that the Plaintiff has the right to make improvements to the subject structure as well as demolish (with appropriate permits) for all improvements made in connection with a movie production on the property provided such improvements and demolition do not exceed $115,000. Board granted approval and authorized execution of a Stipulated Settlement Agreement for John Moore and Renell Maiersperger v. Department of Community Affairs, DOAH Case No. 07/ 17/2002 2002/ 179 02-0174GM, agreeing that the Plaintiffs shall stay all proceedings in this action as well as file a voluntary dismissal of all claims upon entry of a Final Judgment in Case No. CAP-01-210, approving a settlement stipulation. Board adopted the following Resolution approving the annual Monroe County Public Facilities Capacity Assessment Report for 2002, prepared by the Department of Planning and Environmental Resources, July 2002. RESOLUTION NO.301-2002 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of a request for expenditures from the Law Enforcement Trust Fund for the following: $123,000 This sum will be transferred to the Monroe County School Board to fund the Summer Recreation Programs sponsored by the Monroe County School Board throughout the county. Board granted approval to advertise an Ordinance providing for the establishment of the School Crossing Guard Trust Fund; providing for the imposition of a surcharge on parking fines to fund a School Crossing Guard Program; providing authorization for the use of trust funds for startup costs and recurring administrative costs related to the program; providing for quarterly distribution of funds collected from the surcharge in proportion to the number of crossing guards in each municipality and unincorporated Monroe County; providing that surcharge revenues are not the exclusive method of funding School Crossing Guards; 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 disposition of inventory items for the month of July 2002, in the amount of $387,511.07. Said list is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Mayor McCoy's re -appointments to the Health Council of South Florida effective July 1, 2002 serving a two year term expiring June 30, 2004: Liz Kern, Michael Lannon, Debra Premaza and Ann Rhode. Board granted approval to negotiate the purchase of property needed to construct a culvert in Breerswept Beach Estates, Ramrod Key Oceanside. The contract for purchase shall specify that purchase is contingent upon the passing of a referendum. 07/17/2002 2002/180 COUNTY CLERK WARRANTS Board approved the following Warrants (#203046-203207 & 67943-68295): General Fund (001), in the amount of $1,127,483.69; Sup to General Revenue (002), in the amount of $37,240.53; Affordable Housing Project (100), in the amount of $20,344.88; Fine & Forfeiture Fund (101), in the amount of $2,651,125.49; Road and Bridge Fund (102), in the amount of $172,977.56; Law Library Fund (103), in the amount of $3,655.50; TDC District Two Penny (115), in the amount of $179,247.60; TDC Admin & Promo 2 Cent (116), in the amount of $969,333.27; TDC District 1,3 Cent (117), in the amount of $358,806.81; TDC District 2,3 Cent (118), in the amount of $5,873.09; TDC District 3,3 Cent (119), in the amount of $9,003.39; TDC District 4,3 Cent (120), in the amount of $19,286.19; TDC District 5,3 Cent (121), in the amount of $17,797.73; Gov. Fund Type Grants (125); in the amount of $266,642.30; Fire & Amb Dist 1 L&M Keys (141), in the amount of $56,603.30; Upper Keys Health Care (144), in the amount of $9,533.59; Fire & Amb Dist 6 Key Largo (146), in the amount of $24,716.62; Uninc Svc Dist Parks & Rec (147), in the amount of $40,895.40; Plan, Build, Zoning (148), in the amount of $430,901.44; Municipal Policing (149), in the amount of $363,176.40; 911 Enhancement Fee (150), in the amount of $5,923.50; Duck Key Security (152), in the amount of $5,274.44; Local Housing Assistance (153), in the amount of $48,432.84; Boating Improvement Fund (157), in the amount of $5,682.96; Misc. Special Revenue Fund (158), in the amount of $2,480.77; Law Enforcement Trust (162), in the amount of $143,859.61; 1 Cent Infra Surtax (304), in the amount of $1,039,931.54; Card Sound Bridge (401), in the amount of $2,496.11; Marathon Airport (403), in the amount of $346,315.03; Key West Intl Airport (404), in the amount of $311,671.49; MSD Solid Waste (414), in the amount of $1,650,594.57; Worker's Compensation (501), in the amount of $47,396.51; Group Insurance Fund (502), in the amount of $172,616.22; Risk Management Fund (503), in the amount of $80,266.85; Fleet Management Fund (504), in the amount of $106,296.50. FINES & FORFEITURES Court Reporter Services, All Key Reporting, in the amount of $3,246.25; Associated Court Reporters, in the amount of $2,227.50; Esquire Deposition Service, in the amount of $127.50; Florida Keys Reporting, Inc., in the amount of $42.00; Fred W. Jeske, in the amount of $135.75; Goldman, Naccarato, Patterson, in the amount of $172.80; Monroe County Court Reporting, in the amount of $1,373.25. Competency Evaluation, A. Louis Oconnor PHD, in the amount of $350.00; Deborah A. Harrison PHD, in the amount of $700.00; Henry M. Storper MD, in the amount of $450.00; James W. Holbrook EDD, in the amount of $350.00; Lynn Langdale, in the amount of $125.00; Sanford Mintz PHD, in the amount of $350.00. Court Interpreter, Alex Diaz, in the amount of $325.00; Claudia M. Hancock, in the amount of $60.00; Drahoslava Bejdova AKA Donna Bejdova, in the amount of $80.00; Estrella Garcia, in the amount of $125.00; Grace Connors, in the amount of $140.00; Jiri Dolezal, in the amount of $25.00; Joanna Nucun, in the amount of $60.00; Martha Hernandez, in the amount of $275.24; Mary Lou Waas, in the amount of $120.00; Sergio Alvarez, in the amount of $97.50. Witness 07/ 17/2002 2002/ 181 Coordination, Witness Payroll, in the amount of $50.00; Witness Travel & Per Diem, in the amount of $125.00. Court Appointed Attorney Fees - Conflict, Howard Sohn PA, in the amount of $6,581.25; John P. Rotolo PA, Inc., in the amount of $1,707.36; Joseph H. Kelinson, in the amount of $4,659.25; Vernis & Bowlinf of the FL Keys, in the amount of $7,283.18. Other Services Circuit, Avis Rent A Car System, Inc., in the amount of $139.35; Craig Hartline, in the amount of $142.37; Michael W. Strickland, in the amount of $173.25; State of Florida, in the amount of $795.95; Yadiris Wood, in the amount of $440.18. Miscellaneous Expenses, Leighton Morse, in the amount of $8.11; State of Florida, in the amount $342.75. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of June 2002: Advertising, in the amount of $1,257,507.48; Bricks & Mortar Projects, in the amount of $3,634.39; Chamber Payments, in the amount of $44,499.98; Events, in the amount of $49,376.83; Office Supplies & Oper Costs, in the amount of $18,707.79; Personal Services, in the amount of $70,005.59; Public Relations, in the amount of $52,553.41; Sales & Marketing, in the amount of $44,459.51; Telephone & Utilities, in the amount of $12,304.21; Travel, in the amount of $6,048.89. Board granted official approval the Board of County Commissioner's minutes from the Special Meeting of May 22, 2002, Regular Meetings of June 19 & 20, 2002, and Special Joint Meeting of June 24, 2002. COUNTY ADMINISTRATOR Board granted approval of the re -appointments of Ray Albury, Henry Rosenthal and Dennis Taylor, and approval of David Whitney to replace Jim Clupper; and David Cohn to replace Rachel Lockhart to the Matecumbe Historical Board. Board granted approval of a Public Official Bond for Commissioner Humberto Jimenez in the amount of $2,000, term began on June 6, 2002 and will end on November 18, 2002. COUNTY ATTORNEY Board adopted the following Resolution setting the date, time and place for a Public Hearing concerning the proposed abandonment of a portion of King Street, Angler Park Subdivision, Key Largo, Monroe County, Florida. RESOLUTION NO. 302-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution directing the Supervisor of Election to place on the ballot a referendum question regarding assessment of taxes by the Key Largo Wastewater Treatment District. RESOLUTION NO. 303-2002 07/ 17/2002 2002/ 182 Said Resolution is incorporated herein by reference. Board granted approval to advertise an Ordinance for the purpose of implementing the Dori Slosberg Driver Education Safety Act, and to help fund traffic education programs in Monroe County. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Commissioner Neugent discussed the item with the Board. Public Works Director Dent Pierce and County Attorney James T. Hendrick addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of a Lease Amendment between Monroe County and Salute Restaurant at Higgs Beach to add two (2) additional five-year terms, allow Lessee to close the restaurant for three weeks each year (between September 16 and October 15), and for the County to close the public restrooms at 11:00 p.m. instead of sunset each night to alleviate wear and tear on the restaurant restroom. Motion carried unanimously. DIVISION OF PUBLIC WORKS Stephanie L. Coffer, Construction Manager reported to the Board on use of space in the old Mariner's Hospital for a dental lab for Rural Health Network of Monroe County. AIRPORTS Public Safety Director Reggie Paros addressed the Board concerning Agenda item G.3 - Approval of an Agreement between Monroe County and ENSAT Corporation for the installation of a Jet A Fuel Facility at Grantair Fixed Base Operation (FBO) at the Marathon Airport; and Agenda item GA - Approval of an Amendment to Lease Agreement between Monroe County and Grantair Service, Inc., concerning the construction, installation and purchase of a Jet A Fuel Facility. Attorney Hal Schuhmacher, representing Rob Grant of Grantair; County Administrator James Roberts; and County Attorney James T. Hendrick also addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar that the Amendment to the Lease Agreement not waive the requirement that Grantair Service comply with applicable minimum standards. Key West Airport Director Peter Horton addressed the Board. Roll call vote was unanimous. Brad Neat addressed the Board. Motion was then made by Commissioner Nelson and seconded by Commissioner Spehar granting approval and authorizing execution of the following: Agreement between Monroe County and ENSAT Corporation for the installation of a Jet A Fuel Facility at Grantair Fixed Base Operation (FBO) at the Marathon Airport. 07/ 17/2002 2002/ 183 Amendment to Lease Agreement between Monroe County and Grantair Service, Inc. concerning the construction, installation and purchase of a Jet A Fuel Facility. Roll call vote was unanimous. Commissioner Neugent excused himself from the meeting. GROWTH MANAGEMENT Growth Management Director Tim McGarry updated the Board concerning the Big Pine Key Cross -Island Connector study. Mr. McGarry discussed the Settlement Challenge to Non -Residential ROGO and the DCA Rule Challenge. Mr. Hendrick discussed the Growth Management Litigation Report dated July 17, 2002 from Attorney Karen K. Cabanas. Mr. Hendrick also discussed the challenge to the DRI/Hawk's Cay by a group of Duck Key property owners. COMMISSIONERS' ITEMS Commissioner Jimenez requested an update of Old Settler's Park. County Engineer Dave Koppel discussed progress of Old Settler's Park and abandonment of Albury Street. Mr. Roberts addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting conceptual approval for a Library Homework Center to be located in the Poinciana Housing Project in Key West. Location has been pre -approved by Manuel Castillo of the Housing Authority. Motion carried unanimously, with Commissioner Neugent not present. COUNTY ADMINISTRATOR Mr. Roberts gave a presentation to the Board on status of work for redistricting of County Commission districts. The Board directed Mr. Roberts to proceed with scheduling three Public Hearings and present findings back to the Board at the October meeting. COUNTY ATTORNEY Mr. Hendrick reported to the Board on the Island Disposal litigation that is being appealed. Mr. Hendrick updated the Board on the Shadik litigation.. PROCEDURAL ITEM Motion was made by Mayor McCoy and seconded by Commissioner Nelson that each November, the order of the roll call will rotate through the alphabet with the exception of the Mayor/Chairman who will always vote last. Motion carried unanimously, with Commissioner Neugent not present. 07/ 17/2002 2002/ 184 DIVISION OF PUBLIC WORKS Jose Gonzalez, representing Gonzalez Architects updated the Board on work being performed at the Jackson Square project. AIRPORTS Mayor McCoy discussed Aviation issues with Key West Airport Director, Peter Horton. Russ Draper addressed the Board. Edward Knight addressed the Board. Mr. Horton introduced WE "Skip" Barnett, President - ASA/Delta Connection who gave a presentation to the Board concerning airline service between Key West and Atlanta. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Jimenez granting approval per Staff recommendation that landing fees be waived for two landings a day for a period of a year for the Delta Atlanta to Key West service. Motion carried unanimously, with Commissioner Neugent not present. Commissioner Neugent returned to the meeting. SOUNDING BOARD Russ Rector and Rick Trout discussed with the Board dolphin strandings. No official action was taken by the Board. Barbara Fike, representing Caring Friends for Seniors, discussed with the Board funding from the HSAB for 2003. No official action was taken by the Board. TAX COLLECTOR Monroe County Tax Collector Danise D. Henriquez, presented the Board with the 2001 tax roll and list of errors and insolvencies. Ms. Henriquez requested that the 2002 tax roll be extended and the tax bills be mailed prior to completion of Value Board Hearings. Motion was made by Commissioner Neugent granting approval of the request. Motion carried unanimously. COMMISSIONERS' ITEMS Commissioner Neugent introduced Kieran Mahoney, Chairman of the Citizens Code Committee, who reported to the Board on its Final Report dated July 17, 2002, on the Monroe County Code Section 9.5 (Land Development Regulations). No official action was taken by the Board. David P. Rice, Ph.D addressed the Board concerning a request for increased allocation for the Guidance Clinic of the Middle Keys, Inc., to continue providing Baker Act Transportation service for the remainder of the County Fiscal Year 2002. The 2002 allocation for GCMK will be exhausted by the middle of June, therefore additional dollars will be needed to maintain the Baker 2002/185 07/ 17/2002 Act Transportation beyond that time. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to fund an additional $20,600 for the remainder of Fiscal Year 2002. Roll call vote was unanimous. COUNTY ADMINISTRATOR Mr. Roberts addressed the Board. Hal Canary, representing Public Financial Management gave a presentation to the Board of a report in reference to the potential for debt financing of capital projects and request for guidance from the County Commission. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent directing Staff to move forward. Motion carried unanimously. Commissioner Nelson excused himself from the meeting. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the Public in and to a portion of Fourth Street between MacDonald Avenue and US Highway 1, Stock Island, Monroe County, Florida. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously, with Commissioner Nelson not present. RESOLUTION NO.304A-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a recommended Beneficial Use Determination promulgated by the Special Master, in re: Rachel Marie Brooks, Steven B. and Carol Brown, Thomas F. and Patricia Collins, Donald Davis, Richard J. Johnson, Joseph C. and Elda S. Magrini, Charles W. and Susan M. Peabody, Jr., Keith P. Radenhausen, Paul F. Reuter. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously, with Commissioner Nelson not present. RESOLUTION NO. 305-2002 Said Resolution is incorporated herein by reference. Commissioner Nelson returned to the meeting. A Public Hearing was held concerning adoption of an Ordinance relating to the provision of wastewater services, facilities, and programs by FKAA in all areas where FKAA has wastewater jurisdiction in Monroe County. Mr. Hendrick addressed the Board. The Board accepted public input with the following individual addressing the Board: Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance 07/ 17/2002 2002/ 186 relating to the provision of wastewater services, facilities, and programs by the Florida Keys Aqueduct Authority; requiring connection to Florida Keys Aqueduct Wastewater Facilities when available; providing for definition of "onsite sewage treatment disposal systems" and other definitions; providing for and amending Ordinance No. 04-2000 to be effective in all areas within Monroe County in which the Florida Key Aqueduct Authority is authorized to provide wastewater services, facilities and programs; providing for enforcement; providing for severability; and providing an effective date. Roll call vote was unanimous. ORDINANCE NO. 017-2002 Said Ordinance is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Spehar discussed acceptance of the Cuban -American Heritage Festival grant application. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to reopen the agenda. Motion carried unanimously. Mr. Hendrick addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Jimenez directing the Tourist Development Council to accept submission of the Cuban -American Heritage Festival grant application. Roll call vote was unanimous. WASTEWATER ISSUES Mr. Roberts and Growth Management Director Tim McGarry discussed with the Board Agenda item T.1 - Report on Issues with the Florida Keys Aqueduct Authority, FEMA, and the State including Project Eligibility and Funding; and Agenda item T.2 - Update briefing on wastewater management projects. Paul Feldman, Director of Environmental Services for the Florida Keys Aqueduct Authority addressed the Board. Mr. McGarry discussed the Suggested Key Wastewater Action Items, July 17, 2002, BOCC Meeting. Motion was made by Commissioner Nelson and seconded by Commissioner Spehar to use the $1.66 million in State funding in Key Largo to expand the Key Largo Trailer Village to the South Side adjacent to the Key Largo Park, with the understanding that such expansion will be done in a manner that will not jeopardize either FEMA or State funding. Roll call vote was unanimous. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar authorizing the County Administrator to submit a letter to FDEP indicating that FKAA will, on behalf of the County, be responsible for project documentation under the State grant funding program set forth in line Item 1765A of the 2002-03 General Appropriations Act. Motion carried unanimously. Motion was made by Commissioner Jimenez and seconded by Commissioner Neugent authorizing Staff, in coordination with FKAA, to investigate the redistribution of FEMA Unmet funds among the three FEMA funded projects once detailed cost estimates have been prepared 07/ 17/2002 2002/ 187 and to come to BOCC with recommendation on any proposed redistribution. Motion carried unanimously. Mr. McGarry addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution, as amended, adopting policies and guidelines for establishment of "reasonable" wastewater connection fees and monthly service charges including levels of public financial assistance to wastewater treatment systems and economically disadvantaged households. The Board requested that an effort be made to obtain any available subsidy. Attorney Bob Feldman, representing the FKAA addressed the Board. Said amendment as follows: Page 2 of 4, Section 2. A. Connection fees should be no more than approximately $4,509 $2.700 per Equivalent Dwelling Unit (EDU) after any federal/state grants or County funds are applied. B. The monthly service charge per EDU should be S45 $35 or less per month, excluding debt service costs. Page 3 of 4, Section 4. The BOCC establishes a policy that the level of public grant assistance both local and federal/state to be provided projects shall be sufficient to ensure that per EDU connection fees are no more than $4,509 $2,700 and monthly user charges are $4-5 $35 or less, excluding any debt service. The BOCC states that in provision of this grant assistance, the County's policy shall be to solely reduce the capital costs for such systems not operations and maintenance (O&M) costs. The BOCC further states that except for such assistance that may be provided to disadvantaged households, the out-of-pocket costs incurred by property owners for the decommissioning of on -site systems and installation of laterals to the property line, shall be borne by the property owner. Roll call vote was taken with the following results: Commissioner Jimenez No Commissioner Nelson Yes Commissioner Neugent Yes Commissioner Spehar Yes Mayor McCoy Yes Motion carried. RESOLUTION NO.306-2002 Said Resolution is incorporated herein by reference. Mr. Roberts addressed the Board. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution supporting a conceptual agreement proposed by Key West Resort Utilities, Inc., to provide wastewater services to south 07/17/2002 2002/188 Stock Island and directing the County Attorney to prepare a Contract and authorize the Mayor to execute same subject to legal, financial, and risk management review. Bill Smith, representing Key West Resort Utilities also addressed the Board. Roll call vote was unanimous. RESOLUTION NO.307-2002 Said Resolution is incorporated herein by reference. Presentation by Randazza Enterprises, Inc., and Boyle Engineering - Nos Espat, President of Randazza Enterprises, Inc. Mr. McGarry discussed with the Board the selection of a preferred site(s) for the location of a wastewater treatment facility to serve the Bay Point community and requesting the Land Authority to obtain appraisals and enter into negotiations for purchasing starting with the highest ranked site. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to approve Site #3 Bluewater Key RV Ownership Park. The following individuals addressed the Board: Gary Teplitsky, representing Baby's Coffee; Alice Steryou, representing Knuckleheads, - Keith Barto, A. Kurt Hilbig, Marie A. Clark and Donald Yates. The County Attorney was requested to draft an appropriate Resolution defining Site #3 as the preferred site to be selected. Roll call vote was unanimous. (Note: Resolution # 308-2002 is adopted at the Special Meeting of the Board on July 19, 2002). PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance to correct scrivener's errors in Ordinance No. 033-2001 (Wireless Communications) that inadvertently deleted or failed to delete numerous sections of Chapter 9.5, Monroe County. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Jimenez to adopt the following Ordinance to correct scriveners' errors in Ordinance 033-2001 (Wireless Communications) that inadvertently deleted or failed to delete numerous sections of Chapter 9.5, Monroe County Code; providing for the severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code; providing an effective date. Motion carried unanimously. ORDINANCE NO. 018-2002 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held on the proposed amendment to Section 9.5-242 Improved Subdivision Districts of the Land Development Regulations to permit public wastewater treatment facilities as a major conditional use. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Jimenez to adopt the following Ordinance 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 Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and providing for an effective date. Motion carried unanimously. 07/ 17/2002 2002/ 189 ORDINANCE NO.019-2002 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held or the "amendment" hearing, to amend the Monroe County Year 2010 Comprehensive Plan by adding Goal 105 and Objectives 105.1-105.3 to establish a Smart Growth Mechanism to direct future growth to infill areas, expand future land acquisition areas, expand areas appropriate for transfer of development rights, and recommend modification to the permit allocation system. The Board accepted public input with the following individuals addressing the Board: Joseph Ambrose, representing the Monroe County Chapter CCPR; Lynn Barry, Cynthia Cameron, Alicia Putney, Jody Thomas, representing the Nature Conservancy; David Tuttle, and Rebecca Jetton, representing the Florida Department of Community Affairs. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance amending the Monroe County Year 2010 Comprehensive Plan by adding Goal 105 and Objectives 105.1 through 105.3 to establish a Smart Growth Mechanism to direct future growth to infill areas, expand future land acquisition areas, expand areas appropriate for transfer of development rights, and recommend modification of the Permit Allocation System. Roll call vote was unanimous. ORDINANCE NO. 020-2002 Said Resolution is incorporated herein by reference. WASTEWATER ISSUES The Board discussed Agenda item T.5 - Approval of a Resolution selecting a wastewater management option for Conch Key; and Agenda item T.9 - Approval to direct the FKAA to present dual proposals for the wastewater project of Conch Key/Hawks Cay - one proposal for a stand-alone system and another for a connection to Hawks Cay wastewater plant. Katrina Wiatt addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar directing the Florida Keys Aqueduct Authority to request proposals for a stand-alone wastewater treatment plant on the bay side of Conch Key using Purestream's upper sludge blanket filtration or equal on existing FDOT property. Mr. Roberts and Mr. Hendrick addressed the Board. After further discussion, the motion was amended by the maker with the second accepting to request the Florida Keys Aqueduct Authority to request proposals for a stand-alone wastewater treatment plant on the bay side of Conch Key on existing FDOT property. Paul Feldman, Director of Environmental Services for the Florida Keys Aqueduct Authority addressed the Board. Roll call vote was taken with the following results: Commissioner Jimenez Yes Commissioner Nelson Yes Commissioner Neugent No Commissioner Spehar Yes Mayor McCoy Yes Motion carried. 07/ 17/2002 2002/ 190 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Jimenez and seconded by Commissioner Neugent to adopt the following Resolution requesting conveyance of Conch Key property from the Florida Department of Transportation for use as a wastewater treatment plant site. Motion carried unanimously. RESOLUTION NO. 304-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution conceptually approving assistance, in the form of a $100,000 loan or Interlocal Agreement, to the Key Largo Wastewater Treatment District [District] for such Key Largo Wastewater Collection and Treatment Project that the District Board may select in conformity with the Comprehensive Plan. Motion carried unanimously. RESOLUTION NO. 310-2002 Said Resolution is incorporated herein by reference. 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 ,Q.J,,L 0. P�dat� Isabel C. DeSantis, Deputy Clerk