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02/21/2001 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2001141 Regular Meeting Board of County Commissioners Wednesday, February 21,2001 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 10:00 A.M., on the above date at the Key Largo Library. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner Dixie Spehar, Commissioner Nora Williams, and Mayor George Neugent. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; Suzanne Hutton, Assistant County Attorney; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDmONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTA nON OF AWARDS Mayor's Proclamation recognizing the month of February, 2001 as Library Lovers Month. Mayor's Proclamation recognizing the month of March, 2001 as Seagrass Awareness Month. Mayor's Proclamation recognizing the month of February, 2001 as National Black History Month. BULK APPROVALS Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the following items: Board granted approval and authorized execution of an Amendment to Interlocal Agreement between Monroe County and the Monroe County School Board to provide funding for maintenance of recreational facilities at Sugarloaf School and Key Largo Elementary. 02/21/01 2001/42 Board granted conceptual approval to provide $5,000 to the Monroe County School Board toward a new playground and/or playground equipment for Sugarloaf School. Board granted approval to award bid and issue a Purchase Order in the amount of $69,864.00 to the low bidder, Atlantic Truck Center, for the purchase of one (1) new fuel tanker truck. Board granted approval to piggyback on previous bid and purchase one (1) new Case 621C Wheel Loader from Briggs Equipment Company, Inc. (f/k/a Coastline Equipment Company) in the amount of $76,784.00. Board granted approval for the in-house Road Department paving crew to resurface South Layton Drive, an additional unpaved area adjacent to South Layton Drive, and Sands Lane, for the City of Layton; the cost of this project will be reimbursed by the City of Layton upon completion. Board granted approval and authorized execution of an Amendment to Lease Agreement between Monroe County and Toppino's Inc. concerning vacant land to hold vegetative waste and hurricane debris, if needed during emergencies, at the rate of$255 per acre per day. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and RMS International for emergency generator inspections, maintenance and repair for one additional year with no increase over last year's contract price. Board granted approval and authorized execution of the correction of Lease Amendment between Monroe County and L. H. Kephart d/b/a Eaton Street Professional Center, approved December 13,2000, item 3, adjusting the time for dumpster fee increase commencing December 1,2000, and ending November 30,2004. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro Southeast, Inc. for the Operation and Maintenance Service Contract for the Wastewater Treatment Facility at the Monroe County Detention Center, and to adjust each cost by the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the Guidance Clinic of the Middle Keys, Inc. for wastewater treatment processing from the Marathon Detention Facility. Board granted approval to rescind Lease Agreement between Monroe County and Deputy Mark Taylor effective December 30, 2000 and authorized execution of a Lease Agreement with a Sheriff Deputy appointed by Sheriff Richard D. Roth to reside in the Stiglitz House located at Watson Field using the new rate structure of$425/mo ($229.06 rent and $195.94 utilities- sewer/septic, electricity and solid waste collection service). 02/21/01 2001/43 Board granted approval authorizing Conch Cruiser's Inc. (Higgs Beach), to make site improvements as outlined under Sections 17, 18 & 19 of the Lease Agreement, contingent upon lessee abiding by all sections of the Lease Agreement and obtaining all applicable City, County, State and Federal permits as required. Improvements are as follows: 1. Installation ofa Tiki Hut to sell beverages (NO ALCOHOLIC BEVERAGES PERMITTED); 2. Installation of a fence around the back door, restrooms, ice machine and liquor storage of the restaurant; 3. Reinstall front door canopy. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of an Agreement, Contract No. 0IHM-4R-11-54-15-009, between Monroe County and the State of Florida, Department of Community Affairs in acceptance of Hazard Mitigation Grant Program funds for the FEMA Project 1259-0019, Gato Building Retrofitting Project. Board granted approval to authorized execution of Renewal Contracts between Monroe County and Bert Bender & Associates Architect, P.A. and William P. Horn, Architect, P.A. for AlE services for construction projects costing $500,000.00 or less. Board granted approval and authorized execution of a Contract between Monroe County and Bender & Associates Architect, P.A. to perform architect/engineering services for renovation of the Old Mariner's Hospital. Board adopted the following Resolution authorizing the Chairman to execute an EMS County Grant Application and related request for grant distribution to the State of Florida Department of Health, Bureau of Emergency Medical Services. RESOLUTION NO. 052-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Ocean Reef Volunteer Fire Department, Inc. concerning the issuance and utilization of automated external defibrillator. Board granted approval to award bid and authorized execution of a Maintenance of Fire/Rescue Vehicles Agreement between Monroe County, acting as the governing board for the Municipal Services Taxing District #6, and Fire Tech Repair Service, Inc. for maintenance of Fire/Rescue vehicles, semi-annual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. Board granted approval to remove surplus equipment from inventory via disposal/destruction and advertising for bids and accepting bids. Said list is incorporated herein by reference. 02/21/01 2001/44 Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Diamond Detective Agency, Inc. to continue security services at Duck Key at a rate of$15.34 per hour on a month to month basis, until a new Contract can be awarded through the competitive bid process. Board granted approval to close Fund 202, 1993 Refunding Improvement Bonds (1983) and approval of equity transfer of residual funds to the General Fund. Board granted approval and authorized execution of the 4th Amendment to Agreement between Monroe County and Public Financial Management, Inc. for financial advisor services to Monroe County. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Buccaneer Courier to exercise 1 st renewal option, Section 8 of current Contract for courier service. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, Rescinding and Amending Resolutions: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 053-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 407-2000 (OMB Schedule Item No.2). RESOLUTION NO. 054-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 408-2000 (OMB Schedule Item No.3). RESOLUTION NO. 055-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 409-2000 (OMB Schedule Item No.4). RESOLUTION NO. 056-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 410-2000 (OMB Schedule Item No.5). RESOLUTION NO. 057-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 411-2000 (OMB Schedule Item No.6). 02/21/01 RESOLUTION NO. 058-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 412-2000 (OMB Schedule Item No.7). RESOLUTION NO. 059-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 060-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 061-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 062-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 063-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 064-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 065-2001 Said Resolution is incorporated herein by reference. Receipt ofUoanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 066-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). 2001/45 02/21/01 RESOLUTION NO. 067-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 068-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 069-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 070-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 071-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 072-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 073-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 074-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 075-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). 2001/46 02/21/01 RESOLUTION NO. 076-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 077-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 078-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 079-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 080-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 29). RESOLUTION NO. 081-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO. 082-2001 Said Resolution is incorporated herein by reference. Amending Resolution No. 504-2000 (OMB Schedule Item No. 31). RESOLUTION NO. 083-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 32). RESOLUTION NO. 084-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 415-2000 (OMB Schedule Item No. 33). 2001/47 02/21/01 RESOLUTION NO. 085-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 413-2000 (OMB Schedule Item No. 34). RESOLUTION NO. 086-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 396-2000 (OMB Schedule Item No. 35). RESOLUTION NO. 087-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 423-2000 (OMB Schedule Item No. 36). RESOLUTION NO. 088-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 424-2000 (OMB Schedule Item No. 37). RESOLUTION NO. 089-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 425-2000 (OMB Schedule Item No. 38). RESOLUTION NO. 090-2001 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 422-2000 (OMB Schedule Item No. 39). RESOLUTION NO. 091-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 092-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 093-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). 2001/48 02/21/01 RESOLUTION NO. 094-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 095-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 096-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 45). RESOLUTION NO. 097-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 46). RESOLUTION NO. 098-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 47). RESOLUTION NO. 099-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 100-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 49). RESOLUTION NO. 101-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 102-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 51). 2001/49 02/21/01 2001/50 RESOLUTION NO. 103-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 104-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 53). RESOLUTION NO. 105-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 54). RESOLUTION NO. 106-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 55). RESOLUTION NO. 107-2001 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 56). RESOLUTION NO. 108-2001 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 57). RESOLUTION NO. 109-2001 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Literacy Volunteers of America, Monroe County, correcting amount from $10,732.00 to $9,232.00. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Florida Keys Outreach Coalition, correcting amount from $10,057.00 to $8,557.00. Board granted approval and authorized execution of an Agreement between Monroe County and Rural Health Network of Monroe County to provide outreach and promotional activities for the Florida Healthy Kids Program. 02/21/01 2001/51 Board granted approval of recommendation of Substance Abuse Policy Advisory Board to allocate Local Law Enforcement Block Grant (LLEBG) Funds for Juvenile Drug Court. Board granted approval and authorized execution of a Property Damage Release, Claim No. 0104542230101012, discharging Benny H. & Sandra Spalding & Geico Casualty Insurance Company from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in anyway growing out of any and all known and unknown, foreseen and unforeseen property damage and the consequences thereof resulting or to result from the occurrence on or about the 18th day of July, 2000, at or near SR 5 and Tavernier, Florida. Board granted approval and authorized execution of an Agreement for Disposal of Remains between Monroe County and Martin- Vegue and McCluney Funeral Home. Board granted approval and authorized execution of an Agreement for Disposal of Remains between Monroe County and Dean-Lopez Funeral Home. Board granted approval and authorized execution of an Agreement for Disposal of Remains between Monroe County and Beyer Funeral Home. Board granted approval and authorized execution of the 2001/2002 Low-Income Home Energy Assistance Program Federally Funded Subgrant, Contract No. 0IEA-II-54-01-018, between Monroe County and the Florida Department of Community Affairs. Board granted approval and authorized execution of an Agreement for CDL Training/Testing between Monroe County and Fisherman's Hospital for the training and testing of the hospital's employees to drive school buses for evacuation purposes to be billed at $25.00 per hour per person for such training and testing. Board granted approval and authorized execution of an Agreement for CDL Training/Testing between Monroe County and Lower Key's Medical Center for the training and testing of the hospital's employees to drive school buses for evacuation purposes to be billed at $25.00 per hour per person for such training and testing. Board granted approval and authorized execution of a Grant Application for a Community Foundation of the Florida Keys Grant. Grant proposal is for an Emergency (Hurricane) and Information Program for Senior Clients of the Monroe County Nutrition Program. The due date for the Grant Application is February 28,2001. Board granted approval to terminate Inter-Local Agreement (between Monroe County and the City of Key West) for County Use of Douglass Community Center. May 4. 1993. authorized by the Commission of the City of Key West Resolution No. 93-171. May 4, 1993 and Resolution No. 015-1993 of the Monroe County Board of County Commissioners; and, approval to authorize Monroe County to send written notice to the City of Key West, at least thirty (30) 02/21/01 2001/52 days prior to the termination, as specified in paragraph 2., Term and Termination of the Agreement. Board granted approval to accept and authorized execution of the 2001 Florida Library Literacy Grant Agreement, Project No. 01-FLL-05, between Monroe County and the Florida Department of State, Division of Library and Information Services. Board granted approval and authorized execution of an Agreement between Monroe County and Robinson-Van Vuren, to provide additional Air Traffic Control Tower hours of service during construction of the taxiway and aircraft aprons, at the Key West International Airport. Board granted approval and authorized execution of an Amendment to Lease Agreement between Monroe County and Springboard Enterprises, d/b/a Airport Gift Shop which revises the location for the gift shop. Board granted approval and authorized execution of a Lease and Concession Agreement between Monroe County and the Hertz Corporation for operations at the Key West International Airport. Board granted approval and authorized execution of a Subscription Agreement and Order Form between Monroe County and Lexis-Nexis for subscription to their Newspaper database. Board granted approval of Workers' Compensation Settlement, Claim No. 1485, date of injury 10/18/95, in the amount of$192,900.00, inclusive of attorney's fees. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds to cover the cost to waive purchasing policies and procedures and issue a Purchase Order to Sears Home Central- Third Generation Plumbing in the amount of$33,800.00 for an engineered aerobic system at the County Marina in Marathon. RESOLUTION NO. 110-2001 Said Resolution is incorporated herein by reference. AIRPORTS Board granted approval to advertise a Request for Bids to purchase runway and taxiway paint striping equipment for the Marathon Airport. Board granted approval to advertise a Request for Bids to purchase an airport sweeper for the runway and taxiway. 02/21/01 2001/53 MONROE COUNTY JUDICIAL SERVICES Board granted approval and authorized execution of a Lease Agreement between Monroe County and Roger Young d/b/a OPMI, Inc., for approximately 1918 square feet of office space for Family Court Programs' staff; Drug Court Program staff; and Information Systems staff, starting March 1, 2001. Board adopted the following Resolution approving the Write off of uncollectible accounts of the Court Reporter. RESOLUTION NO. 111-2001 Said Resolution is incorporated herein by reference. SHERIFF'S DEPARTMENT Board granted approval of disposition of inventory items for the month of February, 2001 in the amount of $84,756.90. Said list is incorporated herein by reference. Board granted approval of expenditures from the Law Enforcement Trust Fund in the total amount of$8,867.00 for the following items: $5,000 This amount will assist the Florida Keys Outreach Coalition, Inc., to provide one way bus tickets to jail releases and other homeless with someone and somewhere to go instead of the streets, mangroves, bridges and beaches of Monroe County. $3,867 This amount will be given to the Key West High School Tennis Team to purchase equipment and pay for expenses incurred traveling to competitions. Board granted approval and authorized execution of the Sub grant Application for Highway Safety Funds between Monroe County and the State of Florida Department of Transportation for Child Restraint Highway Safety Project. Board granted approval and authorized execution of the Subgrant Application for Highway Safety Funds between Monroe County and the State of Florida Department of Transportation for Motorcycle Safety/Highway Safety Project. COMMISSIONERS' ITEMS Board granted approval of Commissioner McCoy's reappointment of Charles Ingraham to the Florida Keys Council for People with Disabilities. Board adopted the following Resolution in recognition of the late Louis Benjamin Schwartz. RESOLUTION NO. 112-2001 02/21/01 2001/54 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Spehar's appointment of Kirk Bondurant as District One appointee for the Human Services Advisory Board, replacing the late Louis B. Schwartz. Board granted approval Commissioner Spehar's appointment of Michelle Wisniewski as appointee to the People with Disabilities, replacing the late Louis B. Schwartz. COUNTY CLERK FINES & FORFEITURES Court Reporter Services, All Keys Reporting, in the amount of $708.50; Amy Landry, in the amount of$75.00; Associated Court Reporters, in the amount of$2,362.20; Cheryl McDonough, in the amountof$885.25; Florida Keys Reporting Inc., in the amount of$60.00; Laws Reporting Inc., in the amount of$163.50; Wendy L. McGarry, in the amount of$I,323.75; Competency Evaluation, James W. Holbrook ED D, in the amount of $700.00; Marshall Wolfe ED D, in the amount of$350.00; Michael P. Brannon, in the amount of$350.00; Tanju Mishara PHD, in the amount of $700.00; Thomas Hibberd PHD, in the amount of$350.00; Court Interpreter, Alex Diaz, in the amount of$290.00; Anna M. Stults, in the amount of$150.00; Deaf Services Bureau, in the amount of$370.00; Donna Bejdova, in the amount of $30.00; Estrella Garcia, in the amount of$275.00; Gilbert D. Mora, in the amount of$75.00; Horacio Trevino, in the amount of $45.00; Jean C. Nelson, in the amount of $450.00; Jiri Dolezal, in the amount of$95.00; Joanna Nocun, in the amount of$55.00; Mary Lou Waas, in the amount of $90.00; Mayda Maloney, in the amount of$259.62; Sergio Alvarez, in the amount of $402.50; William G. Waddell, in the amount of$355.00; Witness Coordination, Witness Travel & Per Diem, in the amount of$I,353.00; Court Appointed Attorney Fees - Conflict, Carl Palomino ESQ, in the amount of $4, 135.00; Charles M. Milligan, in the amount of$I,608.75; Christopher Meyer, in the amount of$I,545.00; Gregory Davila, in the amount of$6,339.75; Leighton G. Morse, in the amount of $2,242.50; Richard M. Behr, in the amount of$307.50; Other Services Circuit, State of Florida HamlinlEllsworth, in the amount of$801.38; Avis Rent a Car Baker/Rossell, in the amount of $46.04; Miscellaneous Expenses, State of Florida Reimb for Copies, in the amount of$218.70; Patricia Docherty Aponte/Copying Photos, in the amount of $15.91. WARRANTS Board approved the following Warrants (#043228-044878 & 200135-200272) General Fund (001), in the amount of $2, 104,726.66; Sup to General Revenue (002), in the amount of$37,516.50; Affordable Housing Project (100), in the amount of$111.47; Fine & Forfeiture Fund (101), in the amount of$2,500,554.23; Road & Bridge Fund (102), in the amount of$94,923.46; Law Library Fund (103), in the amount of$847.41; TDC District Two Penny (U5), in the amount of$175,885.57; TDC Admin & Promo 2 Cent (116), in the amount 02/21/01 2001/55 of$575,903.04; TDC District 1,3 Cent (117), in the amount of$84,953.97; TDC District 2,3 Cent (118), in the amount of$6,112.64; TDC District 3,3 Cent (119), in the amount of $9,912.37; TDC District 4,3 Cent (120), in the amount of$15,51O.98; TDC District 5,3 Cent (121), in the amount of$11,423.94; Gov Fund Type Grants (125), in the amount of $134,957.00; Impact Fees Police Fac (134), in the amount of$3,730.63; Fire & Amb Dist 1 L&M Keys (141), in the amount of$85,961.36; Upper Keys Health Care (144), in the amount of$3,526.52; Fire & Amb Dist 6 Key Largo (146), in the amount of$40,181.95; Uninc Svc Dist Parks & Rec (147), in the amount of$31,202.12; Plan, Build, Zoning (148), in the amount of$74,820.44; Municipal Policing (149), in the amount of$586,990.16; 911 Enhancement Fee (150), in the amount of $32,093.07; Duck Key Security (152), in the amount of$4,650.67; Local Housing Assistance (153), in the amount of$144,640.06; Boating Improvement Fund (157), in the amount of $53,067.26; Misc Special Revenue Fund (158), in the amount of $1,259.66; FI Keys Marine Marathon (159), in the amount of$15,306.66; 1 Cent Infra Surtax (304), in the amount of$I,393,636.21; Card Sound Bridge (401), in the amount of$6,537.32; Marathon Airport (403), in the amount of$22,814.32; Key West Inti Airport (404), in the amount of$384,098.72; MSD Solid Waste (414), in the amount of$917,405.59; Worker's Compensation (501), in the amount of$21,474.05, Group Insurance Fund (502), in the amount of$321,052.98; Risk Management Fund (503), in the amount of$24,080.09; Fleet Management Fund (504), in the amount of$I13,516.11; Law Enforcement Trust Fund (600), in the amount of$33,790.00. Board granted official approval of the Board of County Commissioners minutes from Special Meetings of January 9 & 11,2001 and Regular Meetings of January 17 & 18, 2001. Board granted approval of the following Tourist Development Council Expenditures for the month of January 2001: Advertising, in the amount of$502,701.27; Chamber Payments, in the amount of$60,083.32; Events, in the amount of$18,043.23; Office Supplies & Oper Costs, in the amount of$57,145.07; Personal Services, in the amount of$116,868.19; Public Relations, in the amount of $66,924.27; Sales & Marketing, in the amount of$27,066.28; Telephone & Utilities, in the amount of$16,191.72; Travel, in the amount of$13,630.40. COUNTY ADMINISTRATOR Board granted approval and authorized execution of an Amendment to Consulting Contract between Monroe County and Robert F. Reyes and W. Douglas Moody, Jr. of the law firm of Graham & Moody. Board granted approval of appointments to the Older American Advisory Board as follows: Lower Keys - Charles Kamper, Nellie Pantaleo, and Joe Noel; Big Pine Key - Cathy Schaus, Alice Keaton, Dallas MacDonald, and Lit Krom; Mid Keys - Joyce Souda, Barbara Ramsey, Henry Bikofsky, and Homer Cook; Upper Keys - Dr. Robert Williams, Britte Watterson, and Mary Lou Wilkinson. NOTE: New members are in bold and have replaced members whose terms have expired and who have resigned. 02/21/01 2001/56 Board granted approval for Monroe County to support proposed legislation for small counties (under 100,000 population) to be eligible to participate in the State Group Health Insurance Program and State Prescription and Drug Program. Board granted approval of an appointment to the Florida Keys Council for People with Disabilities. (This item was reconsidered with no action taken on page 2001/59; item was then continued to 02/22/01 and approved on page 2001/71). Board granted approval to advertise a Request for Proposals for Pre-Positioning Services for disaster related activities such as hurricanes and tropical storms, or other disaster related activities where the Mayor may declare a Declaration of Emergency for Monroe County. Board granted approval in concept to enter into a sole source Contract with the Florida Center of Public Management, a unit of Florida State University, in Tallahassee, to host and coordinate seven (7) exportable courses to Key West and the Florida Keys for the Certified Public Manager (CPM) professional designation for Monroe County Managerial employees and other local Government managers participating in the program sponsored by Monroe County. COUNTY ATTORNEY Board granted approval and authorized execution of a Subordination Agreement between Monroe County and First Financial Bank, for Elizabeth M. Smith. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed approval to award bid and enter into an Agreement between Monroe County and Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal Shelter in the amount of $208,316 per year. The following individuals addressed the Board: Robert Majeska and Tom Garrettson, President of the Humane Animal Care Coalition, Inc. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson approving the item. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson Yes Commissioner Spehar Yes Commissioner Williams Yes Mayor Neugent No Motion carried. Carlos Zarate, Senior Director Facilities Maintenance and James T. Hendrick, County Attorney addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval to enter into a four (4) month Lease 02/21/01 2001/57 Agreement (with two (2) four (4) month options to renew) with Cayo Hueso Parking, Inc. for ten (10) parking spaces for the State Attorney's Office at Jackson Square. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Nelson Yes Commissioner Spehar Yes Commissioner Williams Yes Mayor Neugent No Motion carried. Motion was made by Commissioner Nelson and seconded by Commissioner McCoy granting approval to purchase one Type I, F-450 Ambulance by "Piggybacking" on our own previously awarded competitive bid from Wheeled Coach Industries, Inc. in the amount of $100,217. Motion carried unanimously. Elizabeth Halloway, Bicycle Pedestrian Planner addressed the Board. After discussion, motion was made by Mayor Neugent and seconded by Commissioner McCoy granting approval to spend Roadway Impact Fees to design and construct a multi-use trail and landscaping including retrofit of historic bridges for trail alignment. Motion carried unanimously. DIVISION OF COMMUNITY SERVICES James E. Malloch, Community Services Director discussed the following items with the Board: 1. Duck Key Breakwater Restoration Project Progress Report. 2. Miami-Dade Transit Bus Route Extension to MM 50 Progress Report. 3. Monroe County Youth Programs Report on Program Changes. 4. Monroe County One Stops Expansion Report. Mr. Malloch also discussed additional space for the Monroe County Library at the Big Pine Key Shopping Center. DIVISION OF PUBLIC WORKS Public Works Director Dent Pierce reported to the Board concerning the La Paloma Bridge removal. After discussion, motion was made by Mayor Neugent and seconded by Commissioner Spehar granting approval to advertise a Request for Bids for removal of the La Paloma Bridge. Motion carried unanimously. County Engineer Dave Koppel updated the Board on status of the Marathon Community Park project. Mr. Roberts addressed the Board. After discussion, motion was made by Mayor Neugent and seconded by Commissioner McCoy granting approval to advertise a Request for Proposals for park management of the Marathon Community Park. Motion carried unanimously. 02/21/01 2001/58 DISTRICT #1 LOWER AND MIDDLE. KEYS FIRE AND AMBULANCE DISTRICT BOARD OF GOVERNORS The Board of Governors for District # 1 Lower and Middle Keys Fire and Ambulance District convened. Present and answering to roll call were Commissioner Murray Nelson, Mayor George Neugent, Commissioner Dixie Spehar, Commissioner Nora Williams, and Chairperson Yvonne Harper. Public Safety Director, Reggie Paros updated the Board concerning status of the Conch Key Volunteer Fire Department. Motion was made by Mayor Neugent and seconded by Commissioner McCoy granting approval to award of bid and enter into an Agreement between the Lower and Middle Keys Fire & Ambulance District and Fire Tech Repair Service, Inc. for maintenance ofFire/Rescue vehicles, semi-annual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. Motion carried unanimously. There being no further business, the meeting of the Board of Governors of District #1 Lower and Middle Keys Fire and Ambulance District adjourned. * * * * * * The Board of County Commissioners reconvened with all Commissioner present. AIRPORTS Key West International Airport Manager, Peter Horton addressed the Board concerning the completion of an economic impact analysis by Wilbur Smith Associates for the Key West International Airport. MONROE COUNTY TAX COLLECTOR Bill Barry, representing the Key West Citizen; and Charlotte Sikora, representing the Florida Keys Keynoter/Key West Keynoter addressed the Board. Mr. Hendrick addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Williams granting approval of the recommendation of the Tax Collector to award the bid to the Florida Keys Keynoter/Key West Keynoter for the advertisement of the 2000 delinquent tax rolls, and, that in future years, this issue is to be the decision of the Tax Collector. Motion carried unanimously. MONROE COUNTY HEALTH DEPARTMENT Motion was made by Commissioner Williams and seconded by Commissioner Spehar granting approval of the annual Core Contract between the Board of County Commissioners and 02/21/01 2001/59 the Florida Department of Health, Monroe County Health Department, for services provided in Monroe County. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Neugent discussed his item with the Board concerning a proposed $2,500 ATF permit for BFE enclosures to be held in a trust for hurricane debris removal. Mayor Neugent discussed his item with the Board concerning discussion from the Board of County Commissioners for non-intrusive but aggressive code enforcement measures ofBFE enclosure violations after December 31, 1994. Code Enforcement Department to prioritize BFE violations not covered by statute oflimitations, as # 1 priority of enforcement. Mayor Neugent discussed his item with the Board concerning other sources of revenue to mitigate hurricane debris removal in unincorporated areas that could be turned into self insurance fund over time. Robert Schneider, representing the Big Pine Key Civic Association and Larry Sullivan addressed the Board. SOUNDING BOARD Capt. Mills discussed with the Board apartments in enclosed areas of Monroe County. No official action was taken by the Board. Mr. Roberts addressed the Board concerning a letter from Karl Beckmeyer requesting that the Board waive the requirement that Island"Disposal Corporation provide Annual Certified Audits pursuant to the contract between Mid-Keys Waste, Inc. and Monroe County. Karl Beckmeyer was not present. No official action was taken by the Board. Mark L. Szurek, Ph.D. Executive Director of the Rural Health Network of Monroe County, Florida, Inc. updated the Board on the indigent care needs throughout Monroe County. No official action was taken by the Board. COMMISSIONERS' ITEMS / COUNTY ADMINISTRATOR Motion was made by Commissioner Williams and seconded by Mayor Neugent to reconsider Agenda item N-13, Commissioner Williams item concerning approval of agreement with DCA to accept units for affordable housing and Agenda item P-7 concerning approval of an appointment to the Florida Keys Council for People with Disabilities. Motion carried unanimously. (See page 2001/71). 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 Bahama Road North, Monroe County, Florida. The Board accepted public input with the following individual addressing the 02/21/01 2001/60 Board: Attorney Andrew McClum, representing the petitioner. Motion was made by Commissioner Williams and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 113-2001 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to portions of Morris Avenue, Cross Key, Key Largo, Monroe County, Florida. County Engineer Dave Koppel addressed the Board. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the following Resolution. Motion carried unanimously RESOLUTION NO. 114-2001 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 6-57(b), Monroe County Code, requiring signs placed on contractor's vehicles to be permanent; 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. The Board accepted public input with the following individual addressing the Board: Johnny DeB rule, representing Upper Keys Marine Construction; and Claude Kirshner. Mr. Hendrick also addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Williams to adopt the Resolution. After consideration, the motion was withdrawn. Motion was then made by Commissioner Williams and seconded by Commissioner Spehar to continue the public hearing to the Marathon Board meeting being held on March 21, 200 1. Roll call vote was unanimous. A Public Hearing was held concerning adoption of an Ordinance amending Section 6-66(7) Monroe County Code, in order to include in the prohibited actions mismanagement or misconduct which causes financial harm to another contractor; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. There was no public input. Motion was made by Commissioner Williams and seconded by Commissioner Nelson to adopt the Ordinance. After consideration, the motion was withdrawn. Motion was then made by Commissioner Williams and seconded by Commissioner Spehar to continue the public hearing to the Marathon Board meeting being held on March 21,2001. Motion carried unanimously. A Public Hearing was held concerning adoption of an Ordinance amending Section 13-14(f) Monroe County Code, in order to provide that the three dollar court cost assessment for the operation and administration of Teen Court be transferred to the Sheriff of Monroe County instead of the State Attorney for the Sixteenth Judicial Circuit, Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. There was no public 02/21/01 2001/61 input. Motion was made by Commissioner Williams and seconded by Mayor Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 005-2001 Said Ordinance is incorporated herein by reference A Public Hearing was held concerning adoption of an Ordinance creating Section 2.1-5, Monroe County Code, Providing for definitions; Providing that the possession of or consumption from open containers of alcoholic beverages while upon public or semi-public areas open for vehicular travel, commercial establishment parking lots, or property owned by or under lease to the County is prohibited; 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. The Board accepted public input with the following individual addressing the Board: Orin Opperman. Motion was made by Commissioner Spehar and seconded by Commissioner Williams to continue the public hearing to the Marathon Board meeting being held on March 21,2001, as revised. Said revision as follows: (c) Exceptions. (3) Anv person enga2ed in fishing from a bridge. at a location where fishing is not prohibited by law. (4) Social and fund raising events conducted by charitable and/or non-profit organizations. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Williams and seconded by Commissioner Spehar approving Commissioner McCoy's reappointment of Alexsandra Leto to the Human Services Advisory Board. Steve Gibbs addressed the Board. Motion carried unanimously. Motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval of additional retirement funds in the amount of $14,631.03 for Wilhelmina Harvey to be paid to the State of Florida Department of Management Services, Division of Retirement, subject to the approval of the payment by the Division. Motion carried unanimously. Commissioner Williams discussed her item with the Board concerning approval of an Agreement with DCA to accept units for affordable housing. Rebecca Jetton, representing the Department of Community Affairs and Growth Management Director Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson granting approval and authorizing execution of a Memorandum of Agreement between Monroe County and the Department of Community Affairs, with the following amendments: 02/21/01 2001/62 To allow a percentage to be used should this Board so choose for those with an income of 120% of median. With the interim and longer term improvements proposed by the County to meet the 24 hour clearance time based on the recently updated Florida Keys Hurricane Evacuation Study. Robert Schneider, representing the Big Pine Key Civic Association addressed the Board. Motion carried unanimously. Mr. McGarry discussed the Memorandum of Agreement concerning Allocation of Nutrient Reduction Credits between the Department of Community Affairs, Monroe County, City of Marathon and Islamorada, Village oflslands. After discussion, motion was made by Commissioner Williams to table the item until such time as Mr. McGarry chooses to bring it back to the Board after a meeting with the associated parties. Ms. Jetton addressed the Board. Commissioner Williams discussed her item with the Board concerning approval to add Old Settlers Park of Tavernier to the list of parks open to dog exercising on leash restraints, by the Tavernier Community Association. Association also requests that waste bags, with mutt mitts be placed at the park for ease of pet owners to police their pets. After discussion, motion was made by Commissioner Williams and seconded by Commissioner Nelson authorizing the County Attorney to advertise an Ordinance amending Section 13.5-5(m) and (n) Monroe County Code, in order to add Old Settler's Park of Tavernier to the list of parks which allow animals; 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. Motion carried unanimously. Commissioner Williams discussed her item with the Board concerning an update on federal grants and an approach to funding area water quality improvement projects. Joe Harris, representing Artists Environmental Foundation of the Florida Keys Key Largo, Florida; and Van Cadenhead addressed the Board. No official action was taken by the Board. Commissioner Nelson discussed his item with the Board concerning trauma care in the jurisdiction of the Upper Keys Trauma District and appropriate instructions to Staff and the County Attorney. The following individuals addressed the Board: Todd Dressler, Robert Luse, representing the Trauma Board; David Shatz, MD, Joanne Mahoney, MD, Roberta Fisner, Cheryl A. Cottrell, Johnny Delgado, representing the State of Florida Trauma Services Task Force; and AeroMed; H. Richard Nateman, MD, Don Bock, Brian C. Dula, Kimberly R. Wells, Rebecca Plough, Karie McDonald, representing the Trauma Office/District; and Charles Baldwin, Village Manager, Islamorada Village oflslands. Commissioner Williams and Mr. Hendrick also addressed the Board. The Board continued the remaining items on the agenda to tomorrow's meeting (02-22-01). The meeting was then adjourned. 02/21/01 2001/63 Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~o.L1 (}.. /f1;'xf~ Isabel C. DeSantis, Deputy Clerk