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09/18/2002 RegularMINUTES OF THE MONROE COUNTY BOARD OC COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, September 18, 2002 Marathon, Florida 2002/23 5 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 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 Neugent and seconded by Commissioner Spehar granting approval of Additions, Corrections, & Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for the month of July, 2002, to Jose Estevez, Specialist Computer - Multimedia, Technical Services Department. Presentation of Years of Service Award for 20 years of service to Gloria Goodman, Manager, Marathon Branch Library, Community Services Division. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the following items: Board granted approval and authorized execution of a Grant Agreement between Monroe County and the U.S. Department of Transportation Federal Aviation Administration Grant Agreement, Project Number 3-12-0037-018-2002, to fund security equipment, EIS Ph 1, taxiway signs, apron lighting, Noise Contour Update III, and a disabled passenger device for the Key West International Airport. 09/ 18/2002 2002/23 6 Board granted approval and authorized execution of a Grant Agreement between Monroe County and the U.S. Department of Transportation Federal Aviation Administration Grant Agreement, Project Number 3-12-0037-019-2002, to reimburse 100% of eligible costs for security requirements. Board granted approval of Award of Bid to JACO Electric, Inc., for the Airfield Guidance Signs and Apron Lighting projects at the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement #3, Contract No. AK043, between Monroe County and the Florida Department of Transportation for Monroe County Planning Studies. Board granted approval and authorized execution of a Contract for Janitorial Services between Monroe County and National Cleaning Systems, Inc. for janitorial services at the Key West International Airport. Board granted approval and authorized execution of a Supplemental Joint Participation Agreement No. 4 between Monroe County and the Florida Department of Transportation, Contract No. AG177, for the Runway Drainage Project at the Key West International Airport. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Federal Express for facilities at the Key West International Airport. Board granted approval and authorized execution of URS Purchase/Service Order No. 01/02-25 to provide plans specifications including construction phase services for the installation of Taxiway Signs for Aircraft Guidance and Lighting for the West Apron Aircraft Parking Area at the Key West International Airport. Board granted approval and authorized execution of Supplemental Joint Participation Agreement No. 1, Contract No. AL021 between Monroe County and the Florida Department of Transportation to provide funds to design, purchase and install Security Equipment at the Key West International Airport. Board granted approval and authorized execution of URS Purchase/Service Order No. O1/02-28 to prepare an Environmental Analysis which advances the information presented in the Runway Safety Area. This additional analysis will investigate permitting agencies concerns and requirements. Board granted approval and authorized execution of Purchase/Service Order No. 02/03-2 with URS to coordinate, monitor and assist the Florida Department of Transportation Airport Administrator in developing project financial assistance and approvals in a timely manner for the Key West and Marathon Airports for the service period of 10/01/02 - 09/30/03. Board granted approval and authorized execution of Purchase/Service Order No. 02/03-01 with URS for General Consulting Services to attend monthly meeting, collect and report 09/18/2002 2002/23 7 information, coordinate with FAA/FDOT, interpret Federal (FAA) Requirements and Guidance and assist staff as requested, other contractor serivices as requested services for the period 10/01/02 to 09/30/03 for the Key West and Marathon Airports. Board granted approval of Replacement of Exhibit II of all four (4) existing franchise contracts (Waste Management, Inc. of Florida, Ocean Reef Club, Inc., Keys Sanitary Service, Mid -Keys Waste, Inc., to reflect Fiscal Year 2003 residential and commercial collection rates, contingent upon final adoption after Public Hearing on September 18, 2002. Board granted approval to Award Bid and execute contract between Monroe County and Hi -Tech Environmental Consultants, Inc. (lowest bidder) for Ground Water and Surface Water Sampling and Analysis at the County's three (3) landfills - Cudjoe Key, Key Largo and Long Key. Board adopted the following Resolution authorizing the execution of a Grant Agreement between Monroe County and the Florida Department of Environmental Protection for the acceptance of the 6th year Small County 2002-2003 Solid Waste Grant Agreement. RESOLUTION NO.355-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement between Monroe County and the Florida Department of Environmental Protection for the acceptance of the 15th year 2002-2003 Solid Waste Tire Grant Agreement. RESOLUTION NO. 356-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement between Monroe County and the Florida Department of Environmental Protection for the acceptance of the 15th year 2002-2003 Recycling and Education Grant Agreement. RESOLUTION NO. 357-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the execution of a Grant Agreement between Monroe County and the Florida Department of Environmental Protection for the acceptance of the 1 Oth year 2002-2003 Litter Control and Prevention Grant Agreement. RESOLUTION NO. 358-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Clean Florida Keys, Inc. to provide disbursement of funds from the Litter Control and Prevention Grant. 09/ 18/2002 2002/23 8 Board granted approval and authorized execution of a Contract Renewal between Monroe County and Culver's Cleaning Company for the Rest Room Janitorial Service at Veteran's Memorial Park AKA Little Duck Key. Board granted approval and authorized execution of a Contract Renewal between Monroe County and Mowrey Elevator Service, Inc. for complete elevator service maintenance for all Monroe County elevators. Board accepted the monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of a Traffic Signal Maintenance and Compensation Agreement between Monroe County and the Florida Department of Transportation. Board granted approval to remove surplus equipment from inventory via advertising for bids, removal and disposal. Said list is incorporated herein by reference. Board adopted the following Resolution authorizing the submission of a Grant Application to the Alliance for Aging of Dade and Monroe Counties for the Year 1/1/03-12/31/03 for the Older American's Act (OAA) Grant Program to respond to the Request for Proposals from the Alliance for Aging for the year 2003 Older American Act (OAA) Grant funds and apply for moneys for the following OAA Programs: Title III C-1 (Congregate Meals), Title III C-2 (Home Delivered Meals), Title III-B, In Home Services (Support Services/Homemaking), and Title III-E, In Home Services (Respite Care Services). Also, authorization for the Mayor to sign the following documents, which must be included in the grant application package: VI. Availability of Documents Form, VII. Nutrition Assurances Form, VIII. Financial Statements Assurance Form, IX. Cost Sharing Obligation Assurance Form, X. Contract Terms and Conditions Statement, XI. Statement of No Involvement, and Match Commitment of Cash Donation Form. RESOLUTION NO. 359-2002 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Amendment 002 to the Older Americans' Act Contract AA-229 for the period of 01/01/02 — 12/31/02) between Monroe County and the Alliance for Aging. The purpose of this amendment is to increase the original amount of the Contract by an additional grant award in amount of $52,367. Board granted approval of the filing of a Grant Application and authorized execution of an Agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services. This is an annual application process to receive State Financial Aid. Board granted approval to accept and execute the FY 2002 — 2003, Library Services and Technology Act Grant Agreement, Project No. 02-LSTA-F-10, between Monroe County and the 09/18/2002 2002/239 State of Florida, Department of State, Division of Library and Information Services, for "Milemarkers: Linking Keys History". Board granted approval to accept and execute the FY 2002 — 2003, Library Services and Technology Act Grant Agreement, Project No. 02-LSTA-E-12, between Monroe County and the State of Florida, Department of State, Division of Library and Information Services, for "Library Services for Limited English -Proficient Hospitality Workers". Board granted approval and authorized execution of an Amendment to the Member Terms and Conditions NetLibrary eBook Library Agreement between Monroe County and netLibrary for participation in the State Library of Florida program offering eBook access to libraries and their patrons. Board accepted the Monroe County Length of Service Award Program (LOSAP) actuarial valuation report for the Plan Year 2002, prepared by Mouton & Company, Inc. Actuaries and Pension Administrators. Board granted approval and authorized execution of a State and Federally Funded Subgrant Agreement, Agreement No. 03BG-04-11-54-01-044, between Monroe County and the Florida Department of Community Affairs concerning an Emergency Management Base Grant in the amount of $105,806. Board granted approval and authorized execution of a Contract between Monroe County and Positron Public Safety Systems Corporation for the relocation, reconfiguration and/or addition of 9-1-1 equipment for the City of Key West Police Department 911 Center. Board granted approval to extend the Key Largo Volunteer Fire Department, Inc. Service Agreement, which expires on September 30, 2002, on a month -to -month basis pending execution of a new Service Agreement. Board granted approval to extend the Key Largo Volunteer Ambulance Corp, Inc. Service Agreement, which expires on September 30, 2002, on a month -to -month basis pending execution of a new Service Agreement. Board granted approval to rescind Agreement Addendum approved by the Board on July 17, 2002, and authorized execution of a new annual Agreement with Ocean Reef Volunteer Fire Department concerning emergency medical and fire -rescue services in Municipal Services Taxing District 7 for Fiscal Year 2003. Board granted approval and authorized execution of a Contract Agreement Addendum between the Board of County Commissioners acting as Board of Governors for MSTD 6 and Medtronic Physio-Control for the maintenance of biomedical equipment for an additional one year period in the amount of $6,048. 09/18/2002 2002/240 Board adopted the following Resolutions concerning the Transfer of Funds, Amending, and Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds. (OMB Schedule Item Number 1) RESOLUTION NO.360-2002 Said Resolution is incorporated herein by reference. Amending Resolution Number 296-2002. (OMB Schedule Item Number 2) RESOLUTION NO. 361-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 3) RESOLUTION NO.362-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 4) RESOLUTION NO. 363-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 5) RESOLUTION NO.364-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 6) RESOLUTION NO. 365-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 7) RESOLUTION NO. 366-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 8) RESOLUTION NO. 367-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 9) 09/ 18/2002 2002/241 RESOLUTION NO. 368-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 10) RESOLUTION NO. 369-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 11) RESOLUTION NO.370-2002 Said Resolution is incorporated herein by reference. Amending Resolution Number 071-2002. (OMB Schedule Item Number 12) RESOLUTION NO.371-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 13) RESOLUTION NO.372-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 14) RESOLUTION NO. 373-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 15) RESOLUTION NO. 374-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 16) RESOLUTION NO. 375-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 17) RESOLUTION NO. 376-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 18) 09/ 18/2002 2002/242 RESOLUTION NO. 377-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 19) RESOLUTION NO.378-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 20) RESOLUTION NO. 379-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 21) RESOLUTION NO. 380-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 22) RESOLUTION NO.381-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 23) RESOLUTION NO.382-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 24) RESOLUTION NO. 383-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 25) RESOLUTION NO. 384-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 26) RESOLUTION NO. 385-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 27) 09/ 18/2002 2002/243 RESOLUTION NO.386-2002 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds. (OMB Schedule Item Number 28) RESOLUTION NO.387-2002 Said Resolution is incorporated herein by reference. Transfer of Funds. (OMB Schedule Item Number 29) RESOLUTION NO.388-2002 Said Resolution is incorporated herein by reference. Unanticipated Funds. (OMB Schedule Item Number 30) RESOLUTION NO.389-2002 Said Resolution is incorporated herein by reference. Board granted approval to close fund 142, Translator System Service District, and to transfer the amount of $64,000 in residual funds to the General Fund. Board granted approval to accept renewal with VFIS to provide and Emergency Apparatus Insurance at a premium of $43,532 to be paid in four quarterly payments. Board granted approval to accept proposal from Arthur J. Gallagher for Honesty Blanket Bond (Employee Dishonesty) in the amount of $1,693, for the period of 10/01/2002 through 09/30/2003. Board granted approval to accept renewal from Florida Municipal Insurance Trust Agreement #386 at a net annual premium of $198,631 to be paid in quarterly installments of $66,210 to Florida League of Cities. First installament due on October 15, 2002. This is the third and final renewal. Board granted approval of renewal of excess workers' compensation coverage with Employers Reinsurance Corporation for 10/01/02 through 09/30/03 in the amount of $193,533 and approval of AD&D coverage with Hartford Insurance in the amount of $2,822 for 10/01/02 through 09/30/03. Board granted approval to renew with the Hartford Life Insurance the Group Life and Accidental Death & Dismemberment program 10/01/02 through 09/30/03. Board granted approval and authorized execution of the Group Insurance Program Agreement for Third Party Administration Services between Monroe County and Acordia National, effective 10/01/02 through 09/30/03. 09/ 18/2002 2002/244 Board granted approval and authorized execution of the Prescription Service Agreement for prescription benefit management services between Monroe County and Walgreens Health Initiatives (WHP) through the Keys Physician -Hospital Alliance (KPHA) effective 10/01/02 through 09/30/03. Board granted approval and authorized execution of the Employer -Provider Network and Utilization Review and Case Management Services Agreement between Monroe County and Keys Physician Hospital Alliance (KPHA) for the employer -provider network and utilization review and case management services effective 10/1/02 through 9/30/03. Board granted approval of additional attorney's fee in the amount of $35,489.89 for workers' compensation settlement of claim number 998748-LFE. Board granted approval of workers' compensation settlement in the amount of $45,000 inclusive of attorney's fees and costs for claim number 22-099-0000833 for date of accident 7/4/00 and waiver of lien for third party subrogation. Board granted approval and authorized execution of a Monroe County Historic Buildings Survey Grant Funds Agreement between Monroe County and the Historic Florida Keys Foundation. Board granted approval and authorized execution of Historic Preservation Grant Award Agreement Survey & Planning Grants - Advanced Payment, Attachment B and Addendum to the Contract between Monroe County and the Florida Department of State, Grant No. S3075, concerning the grant awarded to perform the Monroe County Historic Buildings Survey Project. Board granted approval and authorized execution of Special Service Arrangement Agreement between Monroe County and BellSouth, Case No. FLO1-E995-04, to install fiber optic cabling at the Gato Building, 1100 Simonton Street, Key West. Board granted approval and authorized execution of Special Service Arrangement Agreement between Monroe County and BellSouth, Case No. FL02-E995-04, to install fiber optic cabling at 500 Whitehead Street, Key West. Board granted approval and authorized execution of an Amendment to Agreement for Medical Examiner Services between Monroe County and Michael D. Hunter, M.D., P.A., District Sixteen. Board adopted the following Resolution transferring funds from cost center 85532/Reserves 304 to cost center 25000/Culture & Recreation Projects; Project CC9815/Key Largo Community Park; Fund 304/One Cent Infrastructure Sales Tax. RESOLUTION NO. 390-2002 Said Resolution is incorporated herein by reference. 09/18/2002 2002/245 Board adopted the following Resolution requesting the assignment of Elderly Homeowner Rehabilitation Program Funds in the amount of $5,093.84 to Habitat for Humanity of Key West and the Lower Florida Keys, Inc., on behalf of the very -low income/handicapped household of Otis Curry, 36C loth Street, Stock Island, Florida. RESOLUTION NO.391-2002 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval of the Monroe County Tourist Development Council Fiscal Year 2002-2003 Marketing Plan. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County Ameurop Travel Service to exercise option within original Agreement to extend services for two additional years. Board granted approval of the Cultural Umbrella Recommendation Committee members for 2002/2003, as follows: District 1 - Shirley Freeman; District 2 - Lamar Ball; Distict 3 - Bill Shaw; District 4 - David Cohn; District 5 - Rocky Hubert. AIRPORTS Board granted approval and authorized execution of Purchase/Service Order No. 01/02-38 between Monroe County and URS Corporation to provide additional resident engineering fees required due to the contractor justifyin additional construction time due to permitting delay for Toppino's, Inc. for Taxilane/Connectors, FBO's and Sheriffs Aprons and T-Hangar Development, at the Florida Keys Marathon Airport, in the total amount of $12,080. Board granted approval and authorized execution of an Amendment to Lease Agreement between Monroe County and Tony D'Aiuto, d/b/a Antique Aircraft Restorations, for a 180 day extension to construct a maintenance hangar at the Florida Keys Marathon Airport. Board granted approval and authorized execution of Amendment to Lease Agreement with Grantair Service, Inc., Fixed Base Operator (FBO) at the Florida Keys Marathon Airport. Board granted approval to waive the adopted rates and charges for Marathon Airport and authorized execution of an Amendment to Lease Agreement between Monroe County and Tango One Flight Academy for additional space in the Terminal at the negotiated rate of $441.75 per month. Board granted approval and authorized execution of a Grant Agreement, Project No. 3-12-0044-017-2002, between Monroe County and the Federal Aviation Administration, to fund the Runway Marking project at the Florida Keys Marathon Airport. 09/18/2002 2002/246 Board granted approval and authorized execution of a Supplemental Joint Participation Agreement, Contract No. AJ816, between Monroe County and the Florida Department of Transportation revising the project description to include funding for the design/construction of t-hangar development and the construction of the Sheriffs Hangar at the Florida Keys Marathon Airport. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Board granted approval and authorized execution of a Grant of Conservation Easement Agreement between Monroe County and The Academy at Ocean Reef, Inc. for Tract C and a portion of the N/E '/a of Section 24, Township 59 South, Range 40 East, Harbor Course South, Section II, Ocean Reef, Florida between the Academy at Ocean Reef, Inc. and Monroe County. The Real Estate Numbers are 00573630-002600 and 005739630-002601. Board granted approval and authorized execution of a Grant of Conservation Easement Agreement between Monroe County and Inge E. Strode for Lot 7, Block 7, Harbor Course South, Section 3, Ocean Reef, Florida between Inge E. Strode and Monroe County. The Real Estate Number is 00573710-000700. Board granted approval and authorized execution of a Grant of Conservation Easement Agreement between Monroe County and George C. Nyman and Sharon Nyman for Lot 13 and 13A, Second Corrected plat of Coral Coast, Key Largo, Florida between George and Sharon Nyman and Monroe County. The Real Estate Number is 00555231-001300. Board granted approval for the transfer of two buildable lots from Curtis Walma to Monroe County by Warranty Deed for Lots 17 & 19, Block 3, Pine Grove, Big Pine Key, Permit No. 01-1-2363. 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 Thomas & Carrie Ryan to Monroe County by Warranty Deed for Lot 27, Block 21, Eden Pines Colony 3rd Addition, Big Pine Key, Permit No. 01-1-1615. The applicants are 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 one Lot Aggregation Restrictive Covenant from Werner Reiter to have one dwelling unit on contiguous lots described as Lots 62 and 63, Block 19, Breezeswept Beach Estates, Ramrod Key. The Real Estate Number is 00206480-000000 & 00206490-000000. Board granted approval and authorized execution of a new Joint Participation Agreement between Monroe County and the Florida Department of Transportation, Contract No. AM102 to provide funding for the Monroe County Bicycle/Pedestrian Planner position. 09/ 18/2002 2002/247 Board granted approval and authorized execution of the Florida Department of Environmental Protection Florida Keys Overseas Heritage Trail Memorandum of Agreement, Amendment No. 01 between Monroe County and the Florida Department of Environmental Protection Division of Recreation and Parks for Design and Construction of sections of the Overseas Heritage Trail. Board granted approval and authorized execution of a Supplement County Incentive Grant Program Agreement No. 1, Contract No. AL005 between Monroe County and the State of Florida Department of Transportation for the project scope and schedule for the Florida Keys Overseas Heritage Trail Design and Construction projects, and to amend submission of invoices from monthly to quarterly. Board granted approval and authorized execution of a Supplemental Joint Participation Agreement No. 1, Contract No. Al 893 between Monroe County and the State of Florida Department of Transportation to provide funding for the Florida Keys Scenic Highway Coordinator. Board granted approval of the recommendations from the Selection Committee to select the firm of Wade -Trim, Inc. to prepare a Parks and Recreation Master Plan for Monroe County and direct staff to enter into contract negotiations with this firm. Board granted approval of a request by Tom Horachek for a floodplain variance to section 9.5-317(b)(2)b. in order to construct a 335 square foot enclosure for parking only below base flood elevation on Lot 15, Conch Key CFSD 16. Board granted approval to send out a request for bids for statements of qualification on the Keys -wide boat ramp design and permitting project supported by the FBIP grant approved at the August Board meeting. Board granted approval to send out a request for bids for statements of qualification in support of mooring field design and permit projects support by both State and Federal grants. Board granted approval of Settlement Agreement for Florida Keys Citizens Coalition, Inc. v. Florida Administration Commission, Monroe County and City of Marathon, DOAH Case No. 01-4767RP and City of Marathon v. Florida Administration Commission, DOAH Case No. 021-1075RP agreeing to settlement of all issues related to the challenge to proposed Rules 28-18 ands 28.20. Board granted approval for the transfer of one buildable lot from Kenneth J. Neuman to Monroe County by Warranty Deed for Lot 18, Block 32, Palm Villa, Big Pine Key, Permit No. 96-1-0959. 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. 09/ 18/2002 2002/248 Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the emergency removal of a 65' derelict vessel and marine debris located off of Marathon. Board granted approval and authorized execution of an Amendment to the Agreement between Monroe County and Blue Water Marine Service, Inc. for the removal of derelict vessels Zone II-2002. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3639 located off of Marathon. Board granted approval to waive policies and procedures and authorized execution of a Contract Agreement between Monroe County and with Blue Water Marine Services, Inc. for the emergency removal of DV3A3600 located off of Key Colony Beach. Board granted approval and authorized execution of a Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal of DV3A3692. Board granted approval and authorized execution of an Amendment to the Agreement between Monroe County and Arnold's Auto & Marine Repair for the removal of derelict vessels Zone I-2002. Board granted approval and authorized execution of a Release of the Notice of Deferred Payment of Impact Fees between Monroe County and Thomas G. Garcia for Lot 28, Sugarloaf Shores, Section'C', Sugarloaf Key, identified by real estate number 00166100-000000. Board granted approval for one Restrictive Covenant from Kennth J. Neuman to have one dwelling unit on contiguous lots, Permit number 96-1-0393, described as two parcels of land in Tract 'A', Eden Pines Colony 1 st Addition, Big Pine Key of record in Plat Book 5, Page 26 in the Public Records of Monroe County. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon for the transference of sixty-seven (67) affordable housing allocations. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of disposition of inventory items for the month of September, 2002. Said inventory list incorporated herein by reference. MONROE COUNTY COURT ADMINISTRATION Board granted approval for the acceptance of a VOCA grant from the Attorney General's Office in order to provide victim's services within the Guardian ad Litem Program. 09/ 18/02 2002/249 COMMISSIONERS' ITEMS Board granted approval of Commissioner Neugent's appointment of Denise Worley to the Monroe County Planning Commission representing District II with term expiring l l/1/03. Board adopted the following the Resolution applauding the Ocean Conservancy and Clean Florida Keys for their efforts in organizing and carrying out a Keys wide beach cleanup to take place on September 21, 2002. RESOLUTION NO. 392-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution honoring the memory and community service of Dr. Joseph A. Valdes, who passed away on August 2, 2002 at the age of 93. RESOLUTION NO.393-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution honoring the memory and community service of Emery S. Major, who passed away on August 18, 2002 at the age of 52. RESOLUTION NO.394-2002 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Nelson's appointment of David Ritz to the Planning Commission for District 5, term of appointment ending September, 2004. Board granted approval of Commissioner Nelson's item concerning the installation of no parking signs behind the Copper Kettle Restaurant in Tavernier. Board adopted the following Resolution requesting that the Florida Department of Transportation conduct further studies on the Old Seven Mile Bridge regarding weight restrictions and requesting restoration. RESOLUTION NO. 395-2002 Said Resolution is incorporated herein by reference. Board adopted the following Resolution supporting the continued existence of a Sugarloaf Key Postal Facility. RESOLUTION NO. 396-2002 Said Resolution is incorporated herein by reference. Board granted approval of a request for the Pigeon Key Art Festival to be held on February 7, 8, and 9, 2002 at the Marthon Airport. COUNTY CLERK 09/ 18/2002 2002/250 WARRANTS Board approved the following Warrants (#203370 - 203561 & 70881 - 72277): General Fund (001), in the amount of $1,059,041.58; Sup to General Revenue (002), in the amount of $8,062.73; Affordable Housing Project (100), in the amount of $995.33; Fine & Forfeiture Fund (101), in the amount of $144,540.53; Road and Bridge Fund (102), in the amount of $219,817.10; Law Library Fund (103), in the amount of $2,942.25; TDC District Two Penny (115), in the amount of $285,609.80; TDC Admin & Promo 2 Cent (116), in the amount of $352,691.04; TDC District 1,3 Cent (117), in the amount of $371,321.41; TDC District 2,3 Cent (118), in the amount of $21,120.46; TDC District 3,3 Cent (119), in the amount of $140,847.18; TDC District 4,3 Cent (120), in the amount of $36,734.24; TDC District 5,3 Cent (121), in the amount of $84,688.33; Gov. Fund Type Grants (125); in the amount of $321,220.75; Fire & Amb Dist 1 L&M Keys (141), in the amount of $43,492.08; Upper Keys Health Care (144), in the amount of $267.87; Fire & Amb Dist 6 Key Largo (146), in the amount of $36,528.12; Uninc Svc Dist Parks & Rec (147), in the amount of $40,759.10; Plan, Build, Zoning (148), in the amount of $136,896.80; Municipal Policing (149), in the amount of $147,744.80; 911 Enhancement Fee (150), in the amount of $182,293.37; Duck Key Security (152), in the amount of $25.75; Local Housing Assistance (153), in the amount of $68,261.57; Boating Improvement Fund (157), in the amount of $75,396.92; Misc. Special Revenue Fund (158), in the amount of $15,233.38; Law Enforcement Trust (162), in the amount of $118,966.45; 1 Cent Infra Surtax (304), in the amount of $193,475.33; Card Sound Bridge (401), in the amount of $3,588.51; Marathon Airport (403), in the amount of $342,390.40; Key West Intl Airport (404), in the amount of $572,145.85; MSD Solid Waste (414), in the amount of $996,446.60; Worker's Compensation (501), in the amount of $9,098.17; Group Insurance Fund (502), in the amount of $355.77; Risk Management Fund (503), in the amount of $13,408.77; Fleet Management Fund (504), in the amount of $170,679.94.. FINES & FORFEITURES Court Reporter Services, All Keys Reporting, in the amount of $723.50; Amy Landry Reporting, in the amount of $560.25; Associated Court Reporters, in the amount of $4,684.50; Martin B. Leshaw, in the amount of $268.00; Robins Reporting Service, in the amount of $30.00; Monroe County Court Reporting, in the amount of $364.25; North Alabama Reporting, in the amount of $361.00. Competency Evaluation, A. Louis Oconnor PhD, in the amount of $1050.00; Care Center for Mental Health, in the amount of $350.00; Fredrick L. Covan Ph.D., in the amount of $1,050.00; James W. Holbrook EDD, in the amount of $700.00; Josefina Perez -Castro, in the amount of $700.00; Marhsall Wolfe EDD, in the amount of $350.00; Tanju Mishara, in the amount of $350.00. Court Interpreter, Alex Diaz, in the amount of $535.00; Boryana Shipman, in the amount of $30.00; Claudia M. Hancock, in the amount of $315.00; Estrella Garcia, in the amount of $370.00; Joanna Nucun, in the amount of $25.00; Marisol Garcia, in the amount of $315.00; Martha Hernandez, in the amount of $195.00; Mary Lou Waas, in the amount of $40.00; Pilar Nelson, in the amount of $195.00; Sergio Alvarez, in the amount of $202.50. Witness Coordination, Witness Travel & Per Diem, in the amount of $1,446.02. Expert Witness, Key West Family Medical Center, in the amount of $1,500; Swope Reconstruction, in 09/ 18/2002 2002/251 the amount of $3,142.09; University Medical & Forensic, in the amount of $3,600.00. Court Appointed Attorney Fees - Conflict, John P. Rotolo, PA, Inc., in the amount of $350.00; Leighton G. Morse, in the amount of $1,080.00; Louis A. Prigioniero, PA, in the amount of $5,528.00; Monica Matthews Santana, in the amount of $1,211.45; Richard Wunsch, in the amount of $4,612.50; Victoria McFadyen, in the amount of $2,062.50. Other Services Circuit, Manuel E. Madruga, in the amount of $216.76; Michael Strickland, in the amount of $536.03; Sheri L. Collins, in the amount of $617.60. Miscellaneous Expenses, Florida Department of Corrections, in the amount of $96.14; It's You Serve, in the amount of $277.00; Quality Copy Acquisition, in the amount of $61.77; State of Florida, in the amount of $1,584.30. Extraditions, Monroe County Sheriffs Department, in the amount of $7,338.66. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of August 2002: Advertising, in the amount of $795,270.14; Bricks & Mortar Projects, in the amount of $45,312.98; Chamber Payments, in the amount of $44,499.98; Events, in the amount of $63,615.10; Office Supplies & Oper Costs, in the amount of $151,641.46; Personal Services, in the amount of $89,522.81; Public Relations, in the amount of $36,197.83; Sales & Marketing, in the amount of $45,971.86; Telephone & Utilities, in the amount of $10,932.75; Travel, in the amount of $7,829.01. Board granted official approval the Board of County Commissioner's minutes from the Regular Meeting of August 21, 2002. COUNTY ADMINISTRATOR Board granted approval to apply for a grant from the Florida Department of Health to assist the Rural Health Network in providing a coordinated primary health care delivery system to low income children and families. COUNTY ATTORNEY Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon concerning the County's Contractors Examining Board continuing to perform the licensing and disciplinary functions of contractors. Board granted approval and authorized execution of an Agreement between Monroe County and the Upper Keys Community Pool, Inc. concerning DEP grant funding a portion of the Jacobs Water Park. Board granted approval to advertise a Public Hearing for consideration of an ordinance for the purpose of revising Section 13.5-3, Higgs Beach County Park regulations, providing for a change in the restroom closing hour; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code of Ordinance; and Providing an effective date. 09/18/2002 2002/252 Board granted approval to advertise a Public Hearing for consideration of an ordinance amending the Monroe County Code by the amendment of text to Section 6-56; Definitions of Specialty Contractors for cabinet and mill work, masonry, and steel reinforcing and iron; providing for the severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. Board granted approval to advertise a Public Hearing for consideration of a resolution stating the intent of the Board of County Commissioners as the Governing Board of the Monroe County Solid Waste Municipal Services Benefit Unit to levy and collect through the uniform non -ad valorem assessment procedure of Section 197.3632, Florida Statute, assessments on residential real property within the City of Marathon for the purpose of collecting and disposing of residential solid waste. Board granted approval and authorized execution of a Grant Agreement between Monroe County and the Florida Department of Environmental Protection, Florida Recreation Development Assistance Program (FRDAP), Project Grant Agreement (FY 2002-03) - Development, Contract No. F3666, for funding of a portion of Jacobs Water Park. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Board discussed the approval of three (3) "At Large" appointments to the Tourist Development Council District II Advisory Committee. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Jimenez granting approval of the appointments of Stephen Estes, Richard Estes, Rosie Ladrie, and Patricia Salis. Motion carried unanimously. DIVISION OF PUBLIC WORKS County Engineer Dave Koppel reported to the concerning the Boot Key Bridge. After Board discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent directing Staff to prepare an Interlocal Agreement between Monroe County and the City of Marathon for the rehabilitation of Boot Key Bridge in the amount of $756,400 for construction and up to $200,000 in design costs with the total not to exceed $1,000,000. Motion carried unanimously. GROWTH MANAGEMENT County Attorney James T. Hendrick addressed the Board. After Board discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval and authorizing execution of a Letter of Engagement between Monroe County and the law firm of Morgan and Hendrick renewing for an additional term of one year the Letter of 09/ 18/2002 2002/253 Engagement authorizing the firm to provide Land Use -Growth Management representation to Monroe County for Fiscal Year 2002-2003, in the amount of $350,000. Roll call vote was unanimous. COUNTY ADMINISTRATOR Mr. Hendrick addressed the Board. After Board discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of a Letter of Engagement between Monroe County and the law firm of Morgan & Hendrick on a month -to -month basis, pending the selection of the new County Attorney. Roll call vote was unanimous. AIRPORTS Public Safety Director Reggie Paros, and Lieutenant Michael Pandol, representing the Monroe County Sheriffs Office addressed the Board. After Board discussion, motion was made by Commissioner Jimenez and seconded by Commissioner Neugent granting approval and authorizing execution of the following: Amendment to Lease Agreement between Monroe County and the Sheriff for a hangar building and associated paved areas and infrastructure at Florida Keys Marathon Airport. Award of Bid and execution of Contract between Monroe County and D.L. Porter Constructors, Inc., lowest qualified bidder, for the construction of the Monroe County Sheriffs Hangar and related work at the Florida Keys Marathon Airport in the amount of $1,476,722. Motion carried unanimously. Key West Airport Manager Peter Horton reported to the Board concerning the new jet service (RJ50) to operate at the airport. Mr. Horton also discussed airline operations and ownership. DIVISION OF GROWTH MANAGEMENT Planning Director, Marlene Conaway addressed the Board and introduced Dr. Ricardo N. Calvo, Ph.D., Project Manager, who gave the Board an overview concerning approval of a Resolution authorizing the submittal of the Habitat Conservation Plan (HCP) for the Big Pine and No Name Keys to the U.S. Fish and Wildlife Service (USFWS) for an incidental take permit of the endangered species including minimizing and mitigating the level of take. The following individuals addressed the Board: Jim Cameron, Citizen Representative of the HCP Coordinating Committee; Catherine Owen, representing the Florida Department of Transportation; and Alicia Putney, Citizen Representative of the HCP Coordinating Committee. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table the item to the next regular Board meeting in Key West, at a time certain. Motion carried unanimously. 09/ 18/2002 2002/254 Growth Management Director Tim McGarry reported to the Board concerning the Governor and Cabinet approving the DCA Rule challenge; the Agreement with DCA concerning downstairs enclosure replacement; Fish & Wildlife beneficial use permits; and the Planning Commission's decision concerning the Cross -Island Connector in Big Pine Key. Mr. Hendrick referred the Board to the written Growth Management Litigation Report dated September 18, 2002, from Attorney Karen K. Cabanas. Mr. Hendrick discussed the Gustinger; Industrial Communications & Electronics; and Toppino's litigation written in the report. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to adopt the following Resolution adopting a plan and procedures for authorizing a time extension for liable non -compliant structures used for affordable housing from the compliance deadline under the County's Flood Insurance Inspection Program. Motion carried unanimously. RESOLUTION NO. 397-2002 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item with the Board concerning an agreement by the Board of County Commissioners to recognize the verbal commitment made to employees that were hired prior to October 2001. The commitment by the BOCC was that the retirees would be entitled to health insurance, the retiree would have the opportunity to purchase dependent insurance at the current group rate, and eligible to receive a subsidy according to the guidelines set by the Florida Retirement System. It is further agreed that the BOCC will no longer ask the retiree to return any portion of that subsidy in the future. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the item. County Attorney James T. Hendrick addressed the Board. After consideration, the motion was withdrawn. Motion was then made by Commissioner Spehar and seconded by Commissioner Nelson that the existing Commission expresses the present intent not to revisit the subject of retiree contributions from the State. 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. COUNTY ADMINISTRATOR County Administrator James Roberts gave an update on the status Tropical Storm Isidore. 09/18/2002 2002/255 Mr. Roberts discussed the Board's previous direction to proceed on capital project financing and indicated that his office had received a draft Preliminary Plan of Finance from the County's financial advisors and that his office is planning to meet with them in the next couple weeks. COUNTY ATTORNEY Mr. Hendrick reported to the Board concerning the Final Judgment in the Post Buckley Schuh & Jernigan litigation. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Mayor Charles "Sonny" McCoy, Commissioner Humberto "Bert" Jimenez, Commissioner George Neugent, and Chairperson Pro- Tem Dixie Spehar. Fire Chief Clark Martin addressed the Board concerning ambulance billings. Motion was made by Commissioner Neugent and seconded by Mayor McCoy granting approval and authorizing execution of an Interlocal Agreement between with the City of Marathon and the Fire and Ambulance District 1 Board of Governors concerning provision of emergency medical services within and adjacent to the municipal boundaries of the City of Marathon, effective 10/l/02 through 09/30/03. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Mayor McCoy granting approval and authorizing execution of a Contract Agreement Addendum between the Fire and Ambulance District 1 Board of Governors and Medtronic Physio-Control for the maintenance of biomedical equipment for an additional one year period in the amount of $13,512. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Mayor McCoy granting approval of the following items: Extension of the Big Coppitt Volunteer Fire Department, Inc. Service Agreement which expires on September 30, 2002, on a month -to -month basis pending execution of a new Service Agreement. Extension of the Sugarloaf Key Volunteer Fire Department, Inc. Service Agreement which expires on September 30, 2002, on a month -to -month basis pending execution of a new Service Agreement. 09/18/2002 2002/256 Extension of the Big Pine Key Volunteer Fire Department, Inc. Service Agreement which expires on September 30, 2002, on a month -to -month basis pending execution of a new Service Agreement. Extension of the Layton Volunteer Fire Department, Inc. Service Agreement which expires on September 30, 2002, on a month -to -month basis pending execution of a new Service Agreement. Extension of the Tavernier Volunteer Fire and Ambulance Corps, Inc. Service Agreement which expires on September 30, 2002, on a month -to -month basis pending execution of a new Service Agreement. Motion carried unanimously. Public Safety Director Reggie Paros addressed the Board. Motion was made by Commissioner Neugent and seconded by Mayor McCoy to adopt the following Resolution authorizing the write off of EMS Ambulance Accounts Receivable in the total amount of $405,100.32. Motion carried unanimously. RESOLUTION NO. 398-2002 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Board of Governors was adjourned. The Board of County Commissioners reconvened with all Commissioners present. SOUNDING BOARD Kathryn Wheeler addressed the Board concerning the possible construction of the cross -island connector road through the interior of Big Pine Key. The following individuals also addressed the Board: Cindy Cameron, Larry Sullivan, and Sherry Phillips. No official action was taken. Mary Barley addressed the Board to explain the importance of the Commission to hire a water quality expert and/or administrative law expert to represent the County's water quality concerns at State of Florida Environmental Regulation Commission meetings on water quality standards. Nancy Klingener, representing The Ocean Conservancy also addressed the Board. No official action was taken. Kris Duszka addressed the Board concerning the recent closure of the Swimming Hole on Little Torch Key and the access to a swimming spot near Bahia Honda Bridge. No official action was taken. 09/18/2002 2002/257 COMMISSIONERS' ITEMS Kieran Mahoney, Chairman of the Citizens Code Committee reported to the Board on its completed review of the Monroe County Code Section 9.5 (Land Development Regulations). After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to accept the report entitled Citizen Code Committee "Final Report", Prepared for the Board of County Commissioners, 08/30/02. Motion carried unanimously. MISCELLANEOUS Commissioner Nelson updated the Board concerning a meeting he and State Representative Ken Sorenson held with the Florida Highway Patrol concerning the issue of the FHP's presence on the 18 Mile Stretch. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item with the Board concerning the American Legion property located at approximately MM 94.5 on US#1 in Key Largo where residents are concerning that the property was rezoned for a non-profit and is now being sold to a for profit group. The following individuals addressed the Board: Jill Patterson, and Attorney Nicholas W. Mulick, representing Dove Creek Lodge, LLC. Liz Holloway, Bicycle & Pedestrian Planner also addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent directing the Monroe County Land Authority to begin negotiations with all parties to see what is possible and report back to the Board. Motion carried unanimously. Commissioner Nelson discussed his item with the Board concerning approval to request Senators Nelson and Graham and Congresswoman Ros-Lehtinen to forward the $100 million dollars appropriated, but not yet funded, for wastewater and stormwater projects in Monroe County to a trust fund administered by the DCA of the State of Florida. Nancy Klingener, representing The Ocean Conservancy. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar to adopt the following Resolution requesting Senator Graham, Senator Nelson and Congresswoman Ros-Lehtinen to forward the $100,000,000 not yet funded for wastewater and stormwater projects in Monroe County to a trust fund administered by the State Department of Community Affairs, or any other vehicle our Congresswoman. Mr. Roberts addressed the Board. During discussion, the motion was amended as follows: Should Congresswoman Ros-Lehtinen decide it would be more harmful than beneficial, she would take no action on the above. Roll call vote was taken with the following results: Commissioner Jimenez Yes Commissioner Nelson Yes Commissioner Neugent No Commissioner Spehar Yes Mayor McCoy Yes 09/ 18/2002 2002/258 Motion carried. RESOLUTION NO. 400-2002 Said Resolution is incorporated herein by reference. MISCELLANEOUS Mayor McCoy complimented Commissioner Neugent on a letter he sent to a constituent concerning the County's budget. WASTEWATER ISSUES Update briefing on wastewater management projects and issues and the Florida Keys Aqueduct Authority. Lynn Mapes, Mr. McGarry, and Paul Feldman, Director of Environmental Services with the Florida Keys Aqueduct Authority addressed the Board. Mr. McGarry addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution directing Staff to move forward on the completion of a Grant Application to EPA for the development of a centralized management approach for decentralized wastewater systems, to complete a work order with the County's wastewater engineering firm, CH2MHill, to complete the grant package, complete a detailed feasibility analysis, as part of the grant, and complete a request for Statements of Qualification to complete the construction portion of the EPA Grant Project. RESOLUTION NO.399-2002 Said Resolution is incorporated herein by reference. Mr. McGarry addressed the Board concerning the disposition and options for utilizing remaining state and county funds set aside for the Cesspit Identification and Elimination Program. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval, per Staff recommendation, that the Key Largo project at the Key Largo Park as the primary project to utilize remaining state funds, as it is probably the closest project to entering the construction phase, with the understanding that some of these funds may also be made available to the other central sewer projects to which the County has committed and financially supported. Motion carried unanimously. Mr. McGarry addressed the Board concerning options for providing financial support to owners of on -site wastewater systems who may be compelled to hook up to an investor -owned sewage system and who demonstrate financial hardship as provided in Board Resolution No. 225-2002. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval, per Staff recommendation, that the definition of hardship as noted in Section 15.5-21(b), Monroe County Code, and Resolution No. 225-2002 should be based on the median household income for Monroe County and the U.S. Department 09/ 18/2002 2002/259 of Housing and Urban Development definitions of low and very low income brackets as adjusted by household size. Motion carried unanimously. MISCELLANEOUS Commissioner Neugent discussed expansion of the Big Pine Key Library by leasing the adjacent building. The Board agreed to reopen the Agenda. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson directing the County Attorney to effect a purchase of the existing lease adjacent to the Big Pine Key Library from Artist In Paradise. Community Services Director, James Malloch addressed the Board. Motion carried unanimously. PUBLIC HEARING The second of two public hearings was held to consider adoption of an Ordinance amending Section 9.5-285 (APPLICABILITY OF REQUIRED YARDS TO BUFFER - YARDS), Monroe County Code to permit a percentage of the required dry lot setbacks to contain certain accessory uses and structures; 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. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 024-2002 Said Ordinance is incorporated herein by reference. BUDGET PUBLIC HEARINGS Budget Director Jennifer Hill announced the tentative millage rates for Fiscal Year 2003. Said millage sheet is incorporated herein by reference. Mr. Roberts discussed his memorandum dated September 17, 2002 concerning budget adjustments for today's meeting. The following individuals addressed the Board concerning the Tentative Fiscal Year 2003 Budget: Deputy Peco Bizoussard, with the Monroe County Sheriffs Office; Carmen Solis, and Chris Sutton. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar approving changes per the County Administrator's memo dated September 17, 2002. Motion carried unanimously. A Public Hearing was held concerning adoption of a Resolution to approve the final Fiscal Year 2003 Residential Solid Waste Collection, Disposal, and Recycling Rates. There was no 09/ 18/2002 2002/260 public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 401-2002 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution to approve the final Fiscal Year 2003 Commercial Solid Waste Collection, Disposal, and Recycling Rates. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 402-2002 Said Resolution is incorporated herein by reference. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for District #1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Mayor Charles "Sonny" McCoy, Commissioner Humberto 'Bert" Jimenez, Commissioner George Neugent, and Chairperson Pro- Tem Dixie Spehar. There was no Public input concerning the District 1 Board of Governors Tentative Fiscal Year 2003 Budget. There were no amendments made to the District 1 Board of Governors Tentative Fiscal Year 2003 Budget. Ms. Hill announced the District 1 Board of Governors amended roll -back millage rate, percent increase over roll -back rate and final millage rate. Said millage sheet is incorporated herein by reference. Motion was made by Chairperson Pro Tem Spehar and seconded by Commissioner Nelson to adopt the following Resolution adopting final millage rate for the Board of Governors District 1 Fiscal Year 2003. Motion carried unanimously. RESOLUTION NO. 403-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Jimenez and seconded by Chairperson Pro Tem Spehar to adopt the following Resolution adopting the final budget for the Board of Governors District 1 Fiscal Year 2003. Motion carried unanimously. RESOLUTION NO. 404-2002 Said Resolution is incorporated herein by reference. 09/ 18/2002 2002/261 There being no further business, the meeting of the Board of Governors was adjourned. The Board of County Commissioners reconvened with all Commissioners present. Ms. Hill announced the amended roll -back millage rates, percentage increases over roll back rates and final millage rates. Said millage sheet is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Nelson to adopt the following Resolution adopting the final millage rates for Fiscal year 2003. Roll call vote was unanimous. RESOLUTION NO. 405-2002 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Jimenez and seconded by Commissioner Spehar to adopt the following Resolution approving the Final Budget and Capital Plan for Fiscal Year 2003. Roll call vote was unanimous. RESOLUTION NO. 406-2002 Said Resolution is incorporated herein by reference. There being no further business to come before the Board, the meeting was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Isabel C. DeSantis, Deputy Clerk