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07/15/2003 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2003/152 Regular Meeting Board of County Commissioners Tuesday, July 15, 2003 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., on the above date at the Harvey Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner George Neugent, Commissioner David P. Rice, and Mayor Dixie Spehar. Also present were Danny L. Kolhage, Clerk; Pamela G. Hancock, Deputy Clerk; James Roberts, County Administrator; Richard Collins, 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 Rice granting approval of the Additions, Corrections, and Deletions to the Agenda, and to continue Agenda Item No. V3 to the August meeting. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award to Priscilla London for fifteen (15) years of service to Monroe County. Presentation of 15 Years of Service Award to Gloria (Kim) McGee, Marine Projects Coordinator, Growth Management Division. Presentation of Years of Service Award for 25 Years of Service to Monroe County to Jack Humbert, Carpenter, Facilities Maintenance Department, Public Works Division. Presentation of Employee of the Month Award for April, 2003, to Nancy Johnson, Administrative Assistant, Facilities Maintenance Department, Public Works Division. Presentation of National Association of Counties (NACO) 2003 Achievement Award Winners: Operation Senior Santa, Art in Public Buildings, and Primary Care Project. Mayor's Proclamation proclaiming from this day forth, July 20th as Mel Fisher Day. 07/15/2003 2003/153 Mayor's Proclamation proclaiming the week of July 27-August 2,2003 as Reef Awareness Week. Presentation of awards to Brandon Druckemiller, Joe Stockton, and Reid McDonald for winning the submission to the County-wide Hurricane Preparedness Public Service Announcement competition; and viewing of the award winning video. BULK APPROVALS Motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval of the following items: Board granted approval to advertise Public Hearings concerning the annual non-ad valorem assessment for the collection, disposal, and recycling of residential solid waste; and the establishment of collection, disposal, and recycling rates for commercial waste stream generators. Board adopted the following Resolution establishing the tentative per month solid waste collection, disposal, and recycling service rates for commercial property in the various solid waste collection franchise areas. RESOLUTION NO. 225-2003 Said Resolution is incorporated herein by reference. Board granted authorization to exercise the option to renew the Recyclable Operation Agreement, with changes, in accordance with Section 6.01 of the Agreement for a period offive (5) years. If authorized, the Renewal Agreement will be presented for approval at the August Commission Meeting. Board granted approval and authorized execution of a Renewal Agreement for Sublease of Medical Examiner Facilities between Monroe County and Dean & Sons Funeral Home Cemetery and Cremation Services, Inc. for an additional one year period, effective October 1, 2003, at $800.00 per month, total of$9,600.00 per year. Board granted approval and authorized execution of a Renewal Agreement for Lease of Medical Examiner Facilities between Monroe County and Dean-Lopez Funeral Home for an additional one year period, effective October 1, 2003, at $850.00 per month, total of$10,200.00 per year. Board granted approval and authorized execution of a Renewal Agreement for Lease of Medical Examiner Facilities between Monroe County and Beyer Funeral Home for an additional one year period, effective October 1,2003, at $215.00 per month, total of$2,580.00 per year. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and Amending: 07/15/2003 Receipt of Unanticipated Funds (OMB Schedule Item No.1). RESOLUTION NO. 226-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 227-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 228-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 229-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 230-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 231-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 232-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 233-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 234-2003 Said Resolution is incorporated herein by reference. 2003/154 07/15/2003 Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 235-2003 Said Resolution is incorporated by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 236-2003 Said Resolution is incorporated by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 237-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 446-2002 (OMB Schedule Item No. 13). RESOLUTION NO. 238-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 448-2002 (OMB Schedule Item No. 14). RESOLUTION NO. 239-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 447-2002 (OMB Schedule Item No. 15). RESOLUTION NO. 240-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 482-2002 (OMB Schedule Item No. 16). RESOLUTION NO. 241-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 242-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 243-2003 Said Resolution is incorporated by reference. 2003/155 07/15/2003 Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 244-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 245-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 171-2003 (OMB Schedule Item No. 21). RESOLUTION NO. 246-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 247-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 248-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 197-2003 (OMB Schedule Item No. 24). RESOLUTION NO. 249-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 250-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 162-2003 (OMB Schedule Item No. 26). RESOLUTION NO. 251-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 27). RESOLUTION NO. 252-2003 Said Resolution is incorporated herein by reference. 2003/156 07/15/2003 Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 253-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 29). RESOLUTION NO. 254-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 255-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 31). RESOLUTION NO. 256-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 32). RESOLUTION NO. 257-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 258-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 449-2002 (OMB Schedule Item No. 34). RESOLUTION NO. 259-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 260-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 261-2003 Said Resolution is incorporated herein by reference. 2003/157 07/15/2003 2003/158 Amending Resolution No. 053-2003 (OMB Schedule Item No. 37). RESOLUTION NO. 262-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 173-2003 (OMB Schedule Item No. 38). RESOLUTION NO. 263-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 39). RESOLUTION NO. 264-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 40). RESOLUTION NO. 265-2003 Said Resolution is incorporated herein by reference. Board granted authorization for the County Administrator or his designee to complete and submit the online application for the Federal Fiscal Year 2003 Local Law Enforcement Block Grant funds via Internet as required by U. S. Department of Justice, Bureau of Justice Assistance. Board granted approval and authorized execution of a Contract between Monroe County and Community Asphalt Corporation for the Runway 9-27 resurfacing and drainage projects, at the Key West International Airport. Board granted approval and authorized execution of an Amendment to Rental Car Concession Agreement between Monroe County and Dollar Rent A Car facilities at the Key West International Airport. Board granted approval and authorized execution of Federal Aviation Administration (FAA) Lease for Real Property, Lease No. DTFA06-03-L-05229, between Monroe County and the FAA for maintenance/storage space at the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 02/03-23 between Monroe County and URS to provide a Terminal Concept Study, for the Key West International Airport. Board granted approval to award Public Works surplus equipment, excluding item nos. 20,23, and 24 (County unit number 0940-034, 0901-162, and 0903-656) as described in Recap of Bid Opening. Said list is incorporated herein by reference. 07/15/2003 2003/159 Board granted approval and authorized execution of Agreement No. AI7 between Monroe County and the Florida Department of Highway Safety and Motor Vehicles concerning Commercial Driver License (CDL) examinations for Monroe County employees and hurricane evacuation volunteer drivers. Board granted approval to reject bid for the purchase and installation of a fireworks fire alarm system at the Monroe County Detention Center on Stock Island, and approval to re-advertise for bids. Board granted approval to rescind BOCC action on June 18, 2003 to award bid and enter into a Contract with Azurix North America Water Services, and granted approval to award bid and authorized execution of a Contract between Monroe County and American Water Services Operations and Maintenance, Inc. for the operation and maintenance of the wastewater treatment plant located at the Plantation Key Government Complex. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro of Florida - Anti-Pollution, Inc., for the operation and maintenance of the wastewater treatment plant located at the Marathon Government Center. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and Deputy Dawn Leird to continue residing in one-half of the duplex located at the Key Largo Community Park for the same amount of $425.00 per month for rent and utilities. Board granted approval and authorized execution of a Security Agreement with a Law Enforcement Officer between Monroe County and Deputy David Johnson to continue residing at the Mariner's Resort Park in Big Pine Key, Florida, for the same amount of rent and utilities totaling $425.00 per month. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Conch Cruisers, Inc. (Salute' Restaurant, Higgs Beach) for the first of two additional five (5) year terms commencing August 12,2003, and ending on August 11,2008. Board granted approval of the monthly report on Change Orders reviewed by the County Administrator . Board granted approval to rescind Contract with Reery International, Inc., approved at the May 21,2003 meeting, and authorization to reject all Requests for Proposals (RFP's) received for the Marathon Courthouse Renovation and re-advertise. Board granted approval to rescind Contract with Reery International, Inc., approved at the May 21,2003 meeting, and authorization to reject all Requests for Proposals (RFP's) received for the Plantation Key Courthouse Renovation! Addition and re-advertise. 07/15/2003 2003/160 Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and D. L. Porter Constructors, Inc., the apparent low bidder for asbestos abatement and demolition of the Public Service Building on Stock Island, and , adopted the following Resolution concerning the Transfer of Funds for same. RESOLUTION NO. 266-2003 Said Resolution is incorporated herein by reference. Board granted approval to award bid and authorized execution of a Contract for Engineering Services between Monroe County and Paul Lin & Associates, Inc., with a proposal price in the amount of $24,400.00, to perform engineering services to obtain environmental permits to construct for the Breezeswept Beach Estates Special Taxing District, subject to review and approval by the County Engineer, County Attorney, OMB/Purchasing and Risk Management. Board granted approval and authorized execution of Amendment 001 to Contract AA-329 (1/1/03 - 12/31/03) between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County CommissionerslMonroe County Social Services (Monroe County In Home Service Program). Board granted approval of the ratification of the emergency signature of the County Administrator, acting on behalf of Monroe County Board of County Commissioners, with regard to Amendment 002 to Contract No. XM194 to extend the PY 2002 Contract through August 31, 2003 between Monroe County and the State of Florida Department of Elder Affairs. Board granted approval to remove surplus equipment from inventory via disposal. Said list is incorporated herein by reference. Board adopted the following Resolution conceptually approving entering into an Interlocal Agreement with the City of Key West to provide in-kind services as match for Grants underwriting fixed route bus service between Marathon and Key West. RESOLUTION NO. 267-2003 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval to award TDC surplus equipment, as described in Recap of Bid Opening. Said list is incorporated herein by reference. Board granted approval of the appointment of Kristi N ewth as a new District IV member to the KADO Dive Umbrella. Board granted approval to rescind Agreement, approved at the March 22, 2001 meeting, between Monroe County and Keys Marine Conservancy for the acquisition and construction of a nature center. 07/15/2003 2003/161 Board granted approval of the appointment of Lois Wolfe, Representative for District III of the Monroe Council of the Arts Cultural Umbrella, replacing Bill Shaw. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and the Key West Business Guild to extend Agreement for one additional year, change scope of services relating to hourly operation and increase compensation. Board granted approval and authorized execution of an Agreement between Monroe County and Diversified Services of Key West, Inc. to provide janitorial services at the Monroe County Tourist Development Council administrative office commencing July 21,2003 through July 20, 2006, with an option to extend for an additional two year period. Board granted approval to advertise FY 2004 Application for Bricks and Mortar/Capital Projects Grant. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Board granted approval to advertise an Ordinance amending Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways) to modify the boundary or the Whale Harbor Combustion engine exclusion zone, Sec. 5.5-108 (C)(4), providing for severability; providing for repeal of inconsistent Ordinance clauses, providing for incorporation into the Monroe County Code of Ordinances. Board granted approval to advertise and Request for Qualifications (RFQ) to provide engineering and permits for a stormwater improvement/xeriscape project on Big Coppitt funded through a Contract with the Water Management District. Board granted approval to request bids for repairs of the Key Haven boat ramp on U. S. 1. Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the State of Florida Department of Transportation (FDOT) to complete boat ramp repairs on FDOT ramps located on U. S. 1. Board granted approval and authorized execution of a Agreement for Professional Services between Monroe County and Bermello, Ajamil & Partners, Inc. (B&A) Planning Group to prepare a Commercial Corridor Enhancement Plan for Tavernier Creek Bridge to Mile Marker 93.5 as part of the Tavernier Creek Bridge to Mile Marker 97 Planning Area Livable Communikeys Program. Board adopted the following Resolution adopting the Annual Assessment of Monroe County Public Facilities Capacity for 2003 as submitted by the Monroe County Planning and Environmental Resources Department. RESOLUTION NO. 268-2003 07/15/2003 2003/162 Said Resolution is incorporated herein by reference. Board granted approval of a draft Interlocal Agreement for Public School Facility Planning in Monroe County in accordance with Section 1. Subsection (1) of Section 163.3174 of the Florida Statutes. Board granted approval for the transfer of four buildable lots from Adelaide U. Schultze, as personal representative of the Estate of Edward W. Schultze, to Monroe County by Warranty Deeds, Permit No. 01-3-3110, for properties described as Lot 4, Gato Farms, Little Torch Key; Lots 7 & 8, Block 8, Tropical Key Colony Subd., Big Pine Key; and Lot 35, Summerland Estates Re-Sub. #1, Summerland Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval and authorized execution of a Release of the Lot Aggregation Restrictive Covenant, filed by Roberto DeSilva, Expire Permit No. 99-1-1711, on Lots 68 and 69, revised Plat of Sugarloaf Shores Section D Extention, SugarloafKey. Board granted approval for the transfer of one buildable lot from Klaus & Sabine Strobel to Monroe County by Warranty Deed, Permit No. 99-3-2310, for property described as Lot 16, Block 40, Pine Crest, Big Pine Key. The Permit was issued to Edward & Adelaide U. Schultze for a single-family residence on September 25, 2000, the property was sold to the Strobels who revised the Building Permit to delete the windload point for 175. The Strobel's submitted the Warranty Deed to donate one lot to Monroe County to comply with Monroe County Code Section 9.5-122.1(j)2. Board granted approval for the transfer of three buildable lots from Brian Botsford to Monroe County by Warranty Deed, Permit No. 03-1-1069, for property described as Lots 7, 12 & 13, Block 15, Sands Subd., Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from David & Lyubov Taulbee to Monroe County by Warranty Deed, Permit No. 02-1-5237, for property described as Lot 15, Block 26, Sands Subd., Big Pine Key; and granted approval of a Lot Aggregation Restrictive Covenant from David & Lyubov Taulbee, Permit No. 02-1-5237, for property described as Lots 18 and 19, Block 10, Breezeswept Beach Estates, Ramrod Key, to have one dwelling unit on contiguous lots. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Pedro M. Torres to Monroe County by Warranty Deeds, Permit No. 00-3-3728, for properties described as Lot 9, Block 20, Sands Subd., Big Pine Key, and Tract EX, Pine Key Acres, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the documents in accordance with Ordinance No. 47-1999. 07/15/2003 2003/163 Board granted approval of a Monroe County Planning Department Affordable Housing Deed Restriction for one dwelling unit from Thomas D. & Carrie S. Ryan, Permit No. 03-1-0908, for property described as Lot 20, Block 7, Ramrod Shores, Ramrod Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for fourteen Monroe County Planning Department / Affordable / Employee Housing Deed Restriction for fourteen dwelling units from Hawk's Cay Investors LTD., Permit Nos. 03-1-0001; 03-1-0017; 03-1-0018; 03-1-0019; 03-1- 0020; 03-1-0021; 03-1-0023; 03-1-0024; 03-1-0025; 03-1-0026; 03-1-0027; 03-1-0028; 03-1-0029; and 03-1-0030, for property described as Lot 6, Block 6, Lots 2, 3,4 & 5, Block 7, Indies Island Sec. 1 Part 1 Tom Harbor, Duck Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13,2003, have filed the document in accordance with Ordinance No. 47-1999. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of disposition of inventory items for the month of July 2003, in the amount of$205,964.55. Said list is incorporated herein by reference. MONROE COUNTY COURT ADMINISTRATOR Board granted approval to award Court Administrator surplus equipment item number 1 as per bid recap. Said list is incorporated herein by reference. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution adopting an amended Community Development Block Grant, Housing Assistance Plan. RESOLUTION NO. 269-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution approving the assignment and assumption of mortgages from Monroe County to Habitat for Humanity of the Upper Keys, Inc. to eligible buyers (4). RESOLUTION NO. 270-2003 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of$15,000.00 to Rural Health Network of Monroe County, Inc. to be applied towards the cost of the actuarial study for the Health Insurance Task Force. 07/15/2003 2003/164 Board granted approval of Commissioner Nelson's appointment of Rob Blesser and Denis Trelewicz to the Marine and Port Advisory Committee, terms will expire 7/1/06. Mr. Blesser and Mr. Trelewicz will replace Bill Cullen and Jim Sharpe whose terms expired in April of 2003. COUNTY CLERK Board approved the following Warrants (85313-86587 & 205317-205483 & 1565-2055): General Fund (001), in the amount of$1,226,059.15; Sup to General Revenue (002), in the amount of$13,439.50; Fine & Forfeiture Fund (101), in the amount of$335,793.65; Road and Bridge Fund (102), in the amount of$289,261.93; Law Library Fund (103), in the amount of$782.50; TDC District Two Penny (115), in the amount of$334,911.70; TDC Admin. & Promo 2 Cent (116), in the amount of $741,848.31; TDC District 1, 3 Cent (117), in the amount of$188,317.08; TDC District 2, 3 Cent (118), in the amount of$21,135.46; TDC District 3, 3 Cent (119), in the amount of$16,218.86; TDC District 4, 3 Cent (120), in the amount of$651.24; TDC District 5, 3 Cent (121), in the amount of$80,896.41; Gov. Fund Type Grants (125), in the amount of$297,542.51; Impact Fees Solid Waste (133), in the amount of$84,803.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$54,360.66; Upper Keys Health Care (144), in the amount of$2,107.08; Fire & Amb Dist 6 Key Largo (146), in the amount of $28,421.46; Uninc Svc Dist Parks&Rec (147), in the amount of $72,224.40; Plan, Build, Zoning (148), in the amount of $72,334.48; Municipal Policing (149), in the amount of$95,911.32; 911 Enhancement Fee (150), in the amount of$30,335.79; Duck Key Security (152), in the amount of$5,543.11; Local Housing Assistance (153), in the amount of$26,051.22; Boating Improvement Fund (157), in the amount of$37,869.36; Misc. Special Revenue Fund (158), in the amount of$1,357.49; 1 Cent Infra Surtax (304), in the amount of$636,611.19; 2003 Revenue Bonds (307), in the amount of $4,799.25; Card Sound Bridge (401), in the amount of$10,764.16; Marathon Airport (403), in the amount of $529,881.14; Key West IntI. Airport (404), in the amount of$241,381.85; MSD Solid Waste (414), in the amount of$1,002,612.79; Worker's Compensation (501), in the amount of $7,112.08; Group Insurance Fund (502), in the amount of$73,523.57; Risk Management Fund (503), in the amount of$78,058.92; Fleet Management Fund (504), in the amount of $77,710.60. FINES & FORFEITURES Court Reporter Services, Amy Landry Reporting, in the amount of$356.75; Associated Court Reporters, in the amount of$1,125.00; Barbara J. Grant, in the amount of$1,739.49; Catherine H. Webster AKA Cathy Webster, in the amount of $400.00; Court Reporters of Key West, in the amount of$100.00; Law Office of Christopher Meyer, in the amount of$225.00; Laws Reporting Inc., in the amount of$2,255.90; Monroe County Court Reporting, in the amount of$2,215.25; Robin Vargas, in the amount of$333.50; Suzanne Ex dba All Keys Reporting, in the amount of$990.50. Competency Evaluation, A Louis Oconnor PHD, in the amount of$l, 750.00; Care Center for Mental Health, in the amount of$350.00; Deborah A. 07/15/2003 2003/165 Harrison PHD, in the amount of$190.00; James W. Holbrook EDD, in the amount of$1,400.00; Pamela A. Strother LCSW, in the amount of$350.00. Court Interpreter, Alex Diaz, in the amount of $420.00; Claudia M. Hancock, in the amount of$75.00; Estrella Garcia, in the amount of $292.50; Jacob Zucker, in the amount of$25.00; Jean C. Nelson, in the amount of$400.00; Marisol Garcia, in the amount of$75.00; Marketa Trnka, in the amount of$60.00; Martha Hernandez, in the amount of $75.00; Pilar Nelson, in the amount of $75.00; Sandra E. Lam, in the amount of$140.00. Witness Coordination, Witness Payroll, in the amount of$190.00; Witness Travel & Per Diem, in the amount of$4,083.12. Expert Witness, Alliance for Psychological Evaluations, in the amount of$ll,OOO.OO; Stefan Rose MD, in the amount of$750.00; William Vicary Medical Co., in the amount of$1,279.39. Court Appointed Attorney Fees - Conflict, Gregory Davila, in the amount of$5,500.00; Laurie Hall ESQ, in the amount of$2,175.00; Law Offices of Samuel Kaufinan, in the amount of$350.00; Leighton G. Morse, in the amount of $712.50; Richard M. Behr, in the amount of$350.00; Richard Wunsch, in the amount of $1,256.25; Vernis & Bowling of the Florida Keys, in the amount of$157.50. Extraditions, Monroe County Sheriffs Department, in the amount of$19,756.01. Miscellaneous Expenses, State of Florida, in the amount of$296.55. TOURIST DEVELOPMENT EXPENDITURES Board granted approval of the following Tourist Development Council Expenditures for the month of June 2003: Advertising, in the amount of$1,105,187.10; Bricks & Mortar Projects, in the amount of$21,718.00; Visitor Information Services, in the amount of $22,749.98; Events, in the amount of$56,143.48; Office Supplies & Oper Costs, in the amount of$28,388.85; Public Relations, in the amount of$69,985.28; Sales & Marketing, in the amount of$53,350.35; Telephone & Utilities, in the amount of$8,936.47; Travel, in the amount of$14,355.89. Board granted official approval of the Board of County Commissioners minutes from the Special Meetings of May 12 and May 20,2003, and Regular Meeting of May 21,2003 (previously distributed). COUNTY ATTORNEY Board adopted the following Resolution rescinding Resolution No. 307-2002 which supported a conceptual Agreement proposed by KW Resort Utilities, Inc. to provide wastewater services to South Stock Island. RESOLUTION NO. 271-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution rescinding the November 20,2001 approval of Assignment and Assumption of Leaseholds with Village ofIslands and the School Board for certain property interest within Islamorada. RESOLUTION NO. 272-2003 07/15/2003 2003/166 Said Resolution is incorporated herein by reference. Board adopted the following Resolution rescinding the September 20, 2000 approval of an Amendment to Agreement with Florida Department of Transportation for traffic signal maintenance within the Village of Islands and the City of Marathon. RESOLUTION NO. 273-2003 Said Resolution is incorporated herein by reference. Board granted approval to initiate litigation against Mr. Milton Jimenez, for damage to county property resulting from his careless driving, and authority to settle same. Board granted approval and authorized execution of an Agreement for the County of Monroe Board of County Commissioners to reimburse the Property Appraiser for the collection of non-ad valorem assessments in connection with the Breezeswept Beach MSCD. Board adopted the following Resolution revising Resolution No. 585-2002, as previously amended by Resolution No. 115-2003, adding a lot erroneously treated as an environmental lot for use in the uniform ad valorem method for the collection of assessments in the Breezeswept Beach Estates Subdivision Municipal Service Culvert District and stating the reason therefor. RESOLUTION NO. 274-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key Colony Beach for repairs to the Sadowski Causeway Bridge and the subsequent transfer of the Causeway and Bridge to Key Colony Beach for all future maintenance. Board granted approval and authorized execution of a Release of Transfer of Development Rights between Monroe County and Gregory and Betty J. Klimock in connection with their real property known as The Hermitage on Summerland Beach. Board granted approval and authorized execution of Amendment Number One to the KW Resort Utilities Corporation Capacity Reservation and Infrastructure Contract between Monroe County and KW Resort Utilities Corporation. Board granted approval of Settlement Agreement of Rove I Construction Co. v. Monroe County, Case No. CA-K-02-269, with a final payment to Rovel of $267,500.00. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS 07/15/2003 2003/167 Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution adopting the tentative Residential Solid Waste Collection, Disposal and Recycling Rates for the Fiscal Year 2003 - 2004. Motion carried unanimously. RESOLUTION NO. 275-2003 Said Resolution is incorporated herein by reference. DIVISION OF COMMUNITY SERVICES Jim Malloch, Director of Community Services addressed the Board. Edith Humes-Newbold, Executive Director, South Florida Employment & Training Consortium (SFETC), made a presentation to the Board concerning Funding and Program Overview. DIVISION OF PUBLIC WORKS Dent Pierce, Director Division of Public Works updated the Board on the fill/asphalt removal from the LaPaloma Bridge in Key Largo. Mr. Pierce also discussed status of the Mariner's Park project on Big Pine Key. MONROE COUNTY HOUSING AUTHORITY Mark Bell, representing the Monroe County Housing Authority addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson to adopt the following Resolution approving an amended Community Development Block Grant, Anti-Displacement and Relocation Policy. Motion carried unanimously. RESOLUTION NO. 276-2003 Said Resolution is incorporated herein by reference. MISCELLANEOUS James Roberts, County Administrator advised the Board of a fire occurring at the Montego Bay Restaurant on Big Pine Key. DIVISION OF GROWTH MANAGEMENT Timothy McGarry, Director of Growth Management referred the Board to the Growth Management Litigation Report dated July 14,2003, from Attorney Karen Cabanas, Esq. of the Law Offices Morgan & Hendrick. Mr. McGarry discussed nutrient reduction credits and the Florida Keys Carrying Capacity draft report. Commissioner Neugent discussed the Agreement for Professional Services between Monroe County and Bermello, Ajamil & Partners, Inc. (B&A) Planning Group to prepare a 07/15/2003 2003/168 Commercial Corridor Enhancement Plan for Tavernier Creek Bridge to Mile Marker 93.5 as part of the Tavernier Creek Bridge to Mile Marker 97 Planning Area Livable Communikeys Program. Commissioner Neugent also discussed bridges, hurricane evacuation, SR 905 improvements, property prices, cesspit/nutrient credits and the Intergovernmental Task Force. COMMISSIONERS' ITEMS Commissioner Neugent and the Board discussed his item regarding a growing gap between higher and lower paid workers. The Board took no official action. COUNTY ADMINISTRATOR Mr. Roberts and Sheila Barker, Director of Administrative Services gave a presentation, overview and budget message to the Board for the Proposed Fiscal Year 2003-2004 Budget. COUNTY ATTORNEY David Paul Horan, representing Richard Osborne of Liberty Self Storage, addressed the Board concerning Mr. Osborne's offer to settle a code enforcement lien in the total amount of $25,900.00, for $5,240.00. Bob Shillinger, Assistant County Attorney and Richard Collins, County Attorney addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson for the County Attorney to renegotiate and bring back to the Board a proposed settlement agreement. Roll call vote was unanimous. MONROE COUNTY TAX COLLECTOR Danise D. Henriquez, Monroe County Tax Collector made a presentation of the recap of the 2002 tax roll and the list of errors and insolvencies and requested that the 2003 tax roll be extended and the tax bills be mailed prior to completion of Value Adjustment Board Hearings. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the request. Motion carried unanimously. W ASTEW A TER ISSUES Mr. Roberts and Mayor Spehar discussed Stock Island wastewater issues. After discussion, motion was made by Mayor Spehar and seconded by Commissioner Nelson to appoint Commissioner McCoy as the liaison representative regarding wastewater issues, replacing the County Administrator. Roll call vote was unanimous. Motion was made by Mayor Spehar and seconded by Commissioner McCoy to ask Representative Ken Sorensen to introduce legislation to remove Rockland, Geiger and Big Coppitt Keys from the Florida Keys Aqueduct Wastewater Authority. Mr. Collins and Bob Feldman, Attorney for Florida Keys Aqueduct Authority addressed the Board. After discussion, the maker of the motion withdrew with the second accepting. The Board took no further action. 07/15/2003 2003/169 James Reynolds, Executive Director of Florida Keys Aqueduct Authority updated the Board on wastewater management projects and issues. Fred Mittle, representing Boyle Engineering Corporation updated the Board on the Conch Key and Bay Point wastewater issues. Katrina Wiatt addressed the Board. SOUNDING BOARD The following individuals addressed the Board concerning assisted living - Florida Keys Assisted Care Coalition: Ed Swift, representing Florida Keys Assisted Care Living Coalition; Lucie Adams, representing Keys Assisted Care Coalition; Betty Behrens, representing the Coalition for Assisted Living; Nancy O. Jameson and Liz Kern, representing Hospice/VNA and Assisted Living Coalition; Peter Batty, and Dr. Beverly Smith. No official action was taken by the Board. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance relating to the provision of wastewater services and facilities in Monroe County, Florida; authorizing the imposition and collection of wastewater assessments against property ; providing certain definitions including a definition for the term "wastewater assessment"; establishing a procedure for imposing wastewater assessments; providing that wastewater assessments constitute a lien on assessed property upon adoption of assessment roll; providing that the lien for a wastewater assessment collected pursuant to Sections 197.3632 and 197.3635, Florida Statutes, upon perfection shall attach to the property on the prior January 1, the lien date for ad valorem taxes; providing that a perfected lien shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and assessments and superior in dignity to all other prior liens, mortgages, titles, and claims; providing a procedure for collection of wastewater assessments; providing a mechanism for the imposition of assessments on government property; providing for severability; and providing an effective date. Robert L. Nabors, representing Nabors, Giblin, and Nickerson, P.A. addressed the Board. The Board accepted public input with following individual addressing the Board: Carolee McReynolds. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 027-2003 Said Ordinance is incorporated herein by reference. MISCELLANEOUS Fire Chief Clark Martin updated the Board concerning the fire at Montego Bay Restaurant on Big Pine Key. PUBLIC HEARINGS 07/15/2003 2003/170 A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, in re: Orin Oppermann. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 277-2003 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval ofa Recommended Beneficial Use Determination promulgated by the Special Master, in re: Harley Evans. The Board accepted public input with the following individual addressing the Board: David Tuttle, representing Harley Evans. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 278-2003 Said Resolution is incorporated herein by reference. The third Public Hearing was held concerning adoption of an Ordinance creating Secs. 15.5-33 through 15.5-38, Monroe County Code, in order to provide for a Uniform Wastewater Connection Policy for unincorporated areas within Monroe County, by supplementing Secs. 15.5-20 through 15.32, Monroe County Code, concerning required connection to available sewerage systems as defined therein, providing for inclusion in the Code of Ordinances, providing for severability, providing for repeal of Sections found inconsistent with this revision, and providing for an effective date. The following individual addressed the Board: Carolee McReynolds. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy to adopt the following Ordinance. Motion carried unanimously. George Garrett, Director of Marine Resources addressed the Board. ORDINANCE NO. 028-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held requesting adoption of an emergency Ordinance prohibiting persons from willfully entering upon or remaining upon the premises of the Harvey Government Center at Historic Truman School in Key West while conducting no legitimate public business; providing for exceptions; providing for enforcement and penalties; 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. Mr. Collins addressed the Board. There was no public input. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 029-2003 07/15/2003 2003/171 Said Ordinance is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item to direct Growth Management, Tim McGarry, to establish through the Livable CommuniKeys Program an Ordinance/LDR/clause that would prohibit franchise establishments within the defined boundaries of Big Pine Key and No Name Key. The following individuals addressed the Board: Kathryn Wheeler, Dennis Henize, and Kathleen Lyons. The Board took no official action. Commissioner Neugent discussed his item regarding conflict within the present Florida Building Codes and a Resolution passed by previous BOCC that construction would meet certain design criteria. Mr. McGarry addressed the Board. The Board took no official action AIRPORTS Mil Reisert, representing URS made a presentation to the Board concerning funding sources for the construction of the new Airline Terminal Facility at the Key West International Airport. Mr. Roberts addressed the Board. Peter Horton, Director of Airports discussed with the Board the Federal Aviation Administration (FAA) response to the submittal of the Key West International Airport Runway Safety Area (RSA) Feasibility Study. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson approving staff recommendations to complete an Environmental Assessment instead of an Environmental Impact Statement (EIS) as requested by the FAA. Roll call vote was taken with the following results: Commissioner Nelson Yes Commissioner Neugent No Commissioner Rice Yes Commissioner McCoy Yes Mayor Spehar Yes Motion carried. DIVISION OF PUBLIC WORKS Stephanie Coffer, Construction Manager addressed the Board. Jose Gonzalez, representing Gonzalez Architects updated the Board on work being performed at Jackson Square. Yvette London, representing Harvard, Jolly, Clees, Toppe Architects made a presentation to the Board on the status ofthe design of the New Medical Examiner's Facility. COMMISSIONERS' ITEMS 07/15/2003 2003/172 Moby Madisetti addressed the Board, on behalf of Dr. Duncan Mathewson, on a technical issue put in place through a now outdated Memorandum of Understanding between DCA, USF&W and Monroe County. Mr. Collins addressed the Board. After discussion, the item was referred to the County Attorney's Office. Commissioner Neugent discussed his item concerning yard debris and a recent interpretation that now requires for residents to pay for what is described as unlimited weekly yard waste, thereby doubling the cost of trash removal. Reggie Paros, Division Director Public Safety addressed the Board. The Board took no official action. Commissioner Neugent discussed his item concerning reaffirmation from the Monroe County, Board of County Commissioner's position on Resolution No. 188-1999 establishing a non-transportation toll on US 1 to assist in funding the implementation of the Monroe County Year 2010 Comprehensive Plan Policy 101.2.12. The following individual addressed the Board: Mick Putney. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to reaffirm the item. Motion carried unanimously. PUBLIC HEARINGS The second of two Public Hearings was held to designate Tier map boundaries and adopt an Interim Development Ordinance deferring ROGO and NROGO allocations in Tier I and Tier II until amendments to the 2010 Comprehensive Plan and Land Development Regulations implementing the Work Program mandated by Rule 28-20, F.A.C. are complete and adopted or eighteen months, whichever comes first. Mr. McGarry addressed the Board. The Board accepted public input with the following individuals addressing the Board: Richard Grosso, representing Florida Keys Citizens Coalition; Katie Lyons, Larry Sullivan, representing Big Pine Key Civic Association; George F. Wilson, Dennis Henize, Kathryn Wheeler, Glenn Patton, representing Island of Key Largo Federation of Homeowner's Association; Rebecca Jetton, representing the Florida Department of Community Affairs; Lloyd A. Seed, Jr., Ed Swift, Donald Craig, representing Tradewinds Affordable Housing; Mick Putney, representing Key Deer Protection Alliance; and Dona Merritt, representing Little Torch Critters Club. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to continue the Public Hearing to the Key Largo meeting scheduled for August 20, 2003, at 5:00 p.m. Roll call vote was unammous. A Public Hearing was held concerning adoption of an Ordinance amending Section 9.5-4(A-5), (M-6.2) and (M-I0), Section 9.5-122(c) and Section 9.5-266 (a), (b), (c), (d), (e), (t), (g), (h), (i), G) and (k) Monroe County Code; providing for a revised definition of affordable housing; providing for an adjustment maximum sales price for affordable housing; to amend applicant eligibility requirements; providing for linkage of affordable housing projects; providing for an affordable housing trust fund; providing for community housing development organizations; providing for Interlocal affordable housing rate of growth allocation agreements; providing for severability; providing for repeal of inconsistent provisions; providing for incorporation into the Monroe County Code of Ordinances when effective; and providing for an effective date. The Board accepted public input with the following individuals individuals 07/15/2003 2003/173 addressing the Board: Dona Merritt, representing Little Torch Critters Club; Ed Swift, G. Wilson, and Donald Craig, representing Tradewinds Affordable Housing. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the following Ordinance. During further discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice to amend the Ordinance to provide for 50% allocations in the very low and low, median income and 50% to moderate income. The motion to amend was unanimous. The motion to adopt as amended was also unanimous. ORDINANCE NO. 030-2003 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held concerning adoption of an Ordinance approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by amending Section 9.5-252(C)(3)h. (AICUZ) and creating Section 9.5-258; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 031-2003 Said Ordinance is incorporated herein by reference. COUNTY ATTORNEY Assistant County Attorney Bob Shillinger addressed the Board concerning a request for approval to institute foreclosure and collection proceedings and for authority to settle 8 code enforcement lien cases, and to engage outside counsel, if necessary. Dona Merritt addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the request. Motion carried unanimously. 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 lorida (~