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12/17/2003 Regular12/17/03 2003/303 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 17, 2003 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Marathon Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner David P. Rice, Commissioner Dixie Spehar, and Mayor Murray E. Nelson. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, 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 Spehar and seconded by Commissioner Neugent granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. MONROE COUNTY HEALTH DEPARTMENT Motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval for the selection of Dr. Susana May as the Monroe County Health Department Director, replacing Dr. Rutherford who resigned from the position in August 2003. Motion carried unanimously. PRESENTATION OF AWARDS The Board congratulated and recognized Dr. Susana May, MD, MPH as the new Health Department Director. The Board presented Commissioner Spehar with a plaque for her service a Mayor. BULK APPROVALS Motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: 12/17/03 2003/304 Board granted approval and authorized execution of a Lease Amendment between Monroe County and Conch Flyer, Inc. at the Key West International Airport to modify outdoor lease space, as a portion of the outdoor space became unusable due to security considerations. Board granted approval for Gardens of Eden to continue Landscape maintenance services at the Key West International Airport on a month -to -month basis, pending a new Agreement. 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. 525-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and the Naval Air Station Key West regarding Mutual Fire and Emergency Services Assistance Agreement. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Professional Emergency Services, Inc. to extend the existing Agreement for two months, January 2, 2004 through February 29, 2004, to allow parties sufficient time to determine the details of future operations. Board granted approval and authorized execution of the following documents: Master Lease Agreement between Monroe County and Leasing 2, Inc., a Florida Corporation in the principal amount of $517,158.38 to purchase self contained breathing apparatus (SCBA) and associated equipment; Equipment Schedule No. 1; Acceptance of Obligation to Commence Rental Payments Under Payment Schedule; Payment Schedule; Tax Agreement and Arbitrage Certificate; Form 8038-G; Certificate of Resolution; Incumbency Certificate; Addendum to Equipment Schedule No. 01 to Master Lease Agreement Relating to Self -Insurance; Notice and Acknowledgment of Assignment; and adoption of the following Resolution authorizing the execution and delivery of a Master Lease Agreement, Equipment Schedule No. 1, and related instruments, and determining other matters in connection therewith and authorization for Mayor to execute same; for Clark O. Martin, Jr., Fire Chief, to execute the Acceptance of Obligation to Commence Rental Payments Under Payment Schedule each time equipment is acquired under the Master Lease Agreement; to issue a Purchase Order to Ten-8 Fire Equipment, Inc., sole source provider of MSA SCBA products for Monroe County, in the amount of $517,158.38 for the purchase of self contained breathing apparatus and associated equipment. RESOLUTION NO. 524A-2003 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Contract AA-429 (1/l/04-12/31/04) between the Alliance for Aging, Inc. (Area Agency on Aging for Miami -Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County Social 12/17/03 2003/305 Services to continue providing services to Monroe County's elderly population under the Older American's Act Program. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County (Monroe County Social Services/In-Home Services Program) and Visiting Nurses (Provider) that will allow assurances from the Provider that they will cooperate with Monroe County, the lead agency in its performance of duties under Monroe County's Case Management Contract with the Home and Community Based Services Waiver through the Alliance of Aging. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County (Monroe County Social Services/In-Home Services Program) and Caregivers of the Keys (Provider) that will allow assurances from the Provider that they will cooperate with Monroe County, the lead agency in its performance of duties under Monroe County's Case Management Contract with the Home and Community Based Services Waiver through the Alliance of Aging. Board granted approval and authorized execution of an Amendment to Food Contract (Amendment No. 3 - Bayshore Manor AL4196) between Monroe County and G.A. Food Service, Inc. to renew Contract for one additional year, January 1, 2004 - December 31, 2004. Board granted approval and authorized execution of an Amendment to Agreement (Monroe County Nutrition Program) between Monroe County and G.A. Food Service, Inc. to renew Contract for one additional year, January 1, 2004 - December 31, 2004. Board granted approval to remove surplus equipment from inventory via removal, and disposal. Said list is incorporated herein by reference. Board granted approval to award bid and issue Purchase Order for $29,980 to Siemens Building Technologies for "Fireworks Fire Alarm System at Monroe County Detention Center". Board granted approval and authorized execution of a Renewal Agreement between Monroe County and G & K Services for the Division of Public Works uniform services. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and the City of Marathon for the use of the meeting room at the Marathon Government Center, and televising of Marathon Council Meetings, until September 30, 2004. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and of the Monroe County Sheriff's Office to continue residing in the modular home at for an amount of rent and utilities totaling $425.00 per month. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and of the Monroe County 12/17/03 2003/306 Sheriff s Office to reside at '/ for an amount of rent and utilities totaling $425.00 per month. Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of Contract Amendment No. 1 between Monroe County and Harvard Jolly Clees Toppe Architect, P.A. for Professional Services to redesign the Medical Examiner Facility to meet the wind load requirement of 150 mph as defined in the current Building Code. Board granted approval of the revised Monroe County Seven Year Roadway/Bicycle Path Plan, December 2003, prepared by Monroe County Public Works Division Engineering Department. Board granted approval and authorized execution of a Consent to Subcontract Dental Services between Monroe County and Rural Health Network of Monroe County, Florida, Inc. Board granted approval and authorized execution of an Agreement between Monroe County and Florida Healthy Kids Corporation whereby Monroe County agrees to provide matching funds in the amount of $41,403.00 for the period from July 1, 2003 through June 30, 2004. Board granted approval to enter into Contract negotiations with Public Financial Management, Inc. (PFM) for financial advisor services and to continue month -to -month status until a new Contract is approved by the Board. Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 526-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 527-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 528-2003 Said Resolution is incorporated herein by reference. 12/17/03 2003/307 Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 528A-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 529-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 530-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 531-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 532-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 533-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 534-2003 Said Resolution is incorporated herein by reference. Amending Resolution No. 453-2003 (OMB Schedule Item No. 11). RESOLUTION NO. 535-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 536-2003 Said Resolution is incorporated herein by reference. 12/17/03 2003/308 Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 537-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 538-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 539-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 540-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 541-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 542-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 543-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 544-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 545-2003 Said Resolution is incorporated herein by reference. 12/ 17/03 2003/309 Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 546-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 547-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 548-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 549-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 550-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 27). RESOLUTION NO. 551-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 552-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 553-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 554-2003 Said Resolution is incorporated herein by reference. 12/17/03 2003/310 Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 555-2003 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 556-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 33). RESOLUTION NO. 557-2003 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 34). RESOLUTION NO. 558-2003 Said Resolution is incorporated herein by reference. Board granted approval to accept renewal proposal from Arthur J. Gallagher & Company for Airport Public Officials Liability insurance. Board granted approval to reject all bids for the Freeman Justice Center and granted authorization to redesign and rebid. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Key West Pops Orchestra, Inc. to revise Exhibit A. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Upper Keys Community Pool d/b/a Jacobs Aquatic Center for the Audio/Visual Equipment Project. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Key West Botanical Garden Society covering the ADA Compliant Walkway Project. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the City of Key West for the Smathers Beach Groin Sand Renourishment Project. I 12/17/03 2003/311 DIVISION OF GROWTH MANAGEMENT -BULK APPROVALS Board granted approval for the transfer of two buildable lots from Charles R. & Regina M. Robinson to Monroe County by Warranty Deed, Permit No. 03-1-1232, for property described as Lots 7 & 8, Block 10, Indian Mounds Estates, Sugarloaf 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 the transfer of one buildable lot from Warren E. Werling, Jr. to Monroe County by Warranty Deed, Permit No. 02-1-0185, for property described as Lot 4, Block 55, Sands Subdivision, Big Pine Key (RE: 00307650.000000). 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 adopted the following Resolution approving the utilization of the procedures and criteria to evaluate and rank projects for federal transportation enhancement funds as created by the Florida Department of Transportation Technical Advisory Committee and providing an effective date. RESOLUTION NO. 559-2003 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing certain Code Enforcement Inspectors to issue citations for violations of the Monroe County Code for disposition in County Court. RESOLUTION NO. 560-2003 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF'S OFFICE Board granted approval for expenditures from the Law Enforcement Trust Fund, in the total amount of $9,000 for the following: $3,000 Toys for Tots - this helps fund the Toys for Tots Program for the needy children of Monroe County. Will be distributed $1,000.00 per each Sector. $3,000 Key West High School Band - this sum funds the remaining children who cannot raise the money to travel with the band. $3,000 Marathon Middle/High School Tennis Team - this sum funds the 2004 Season, i.e. transportation, balls, fees, travel, trophies, banquet, etc. MONROE COUNTY HEALTH DEPARTMENT Board granted approval and authorized execution of a Contract between Monroe County, 12/17/03 II 2003/312 State of Florida Department of Health and Monroe County Health Department for operation of the Monroe County Health Department Contract Year 2003-2004. COMMISSIONERS' ITEMS Board granted approval of Mayor Nelson's item of issuing a $.25 per axle rate for the Card Sound Bridge toll for parties purchasing a book of 400 coupons or a six-month supply for $100.00. Board granted approval of Commissioner Spehar's appointment of James D. Cameron to the Monroe County Planning Commission to fulfill the term of Jerry Coleman, whose term expires in September of 2004. Board granted approval of Commissioner McCoy's appointment of Steve Bear to the Parks and Recreation Advisory Board, District 3, for a 4-year term to commence January 1, 2004 and expiring January 1, 2008. COUNTY CLERK Board granted approval of the following Warrants (92408-93379 & 206171-206269): General Fund (001), in the amount of $1,591,853.80; Fine & Forfeiture Fund (101), in the amount of $2,718,059.19; Road and Bridge Fund (102), in the amount of $380,308.87; Law Library Fund (103), in the amount of $3,505.75; TDC District Two Penny (115), in the amount of $168,616.02; TDC Admin. & Promo 2 Cent (116), in the amount of $261,482.29; TDC District 1, 3 Cent (117), in the amount of $149,409.29; TDC District 2, 3 Cent (118), in the amount of $5,695.36; TDC District 3, 3 Cent (119), in the amount of $14,127.14; TDC District 4, 3 Cent (120), in the amount of $366.97; TDC District 5, 3 Cent (121), in the amount of $3,468.18; Gov. Fund Type Grants (125), in the amount of $75,517.13; Impact Fees Libraries (132), in the amount of $1,929.07; Fire & Amb Dist 1 L&M Keys (141), in the amount of $70,056.38; Upper Keys Health Care (144), in the amount of $219.40; Fire & Amb Dist 6 Key Largo (146), in the amount of $102,757.08; Uninc Svc Dist Parks&Rec (147), in the amount of $17,947.50; Plan, Build, Zoning (148), in the amount of $181,110.82; Municipal Policing (149), in the amount of $523,644.71; 911 Enhancement Fee (150), in the amount of $5,745.62; Duck Key Security (152), in the amount of $5,830.72; Local Housing Assistance (153), in the amount $877.00; Boating Improvement Fund (157), in the amount of $7,825.00; Misc. Special Revenue Fund (158), in the amount of $5,071.34; Law Enforcement Trust (162), in the amount of $48,247.02; Marathon Municipal Service (166), in the amount of $2,607.28; Conch Key Wastewater MSTU (167), in the amount of $41.29; Bay Point Wastewater MSTU (168), in the amount of $144.94; Key Largo Wastewater MSTU (170), in the amount of $2,493.01; 1 Cent Infra Surtax (304), in the amount of $286,875.50; 2003 Revenue Bonds (307), in the amount of $1,156.27; Card Sound Bridge (401), in the amount of $3,565.07; Marathon Airport (403), in the amount of $291,088.94; Key West Intl. Airport (404), in the amount of $243,035.81; MSD Solid Waste (414), in the amount of $3,899.67; Worker's Compensation (501), in the amount of $12,596.32; Group Insurance Fund (502), in 12/17/03 I 12003/313 the amount of $39,211.35; Risk Management Fund (503), in the amount of $7,318.87; Fleet Management Fund (504), in the amount of $69,132.54. Board granted approval of the following Fine & Forfeiture Expenditures: Court Reporter Services, Amy Landry Reporting, in the amount of $354.40; Associated Court Reporters, in the amount of $2,965.25; Catherine Webster, in the amount of $138.25; Court Reporters of Key West, in the amount of $156.25; Monroe County Court Reporting, in the amount of $380.50; Suzanne Ex dba All Keys Reporting, in the amount of $555.50; Veritext LLC, in the amount of $60.00; Court Interpreter, Alex Diaz, in the amount of $550.00; Claudia M. Hancock, in the amount of $255.00; Drahoslava Bejdova aka Donna Bejdova, in the amount of $25.00; Estrella Garcia, in the amount of $195.00; Jose R. Menendez, in the amount of $135.00; Marina Tribushnaya, in the amount of $35.00; Marketa Trnka, in the amount of $30.00; Martha Beauliea, in the amount of $95.00; Martha Hernandez, in the amount of $185.00; Pilar Nelson, in the amount of $900.00; Witness Coordination, Witness Travel & Per Diem, in the amount of $1,421.73; Expert Witness, David Burns Investigation, in the amount of $1,150.00; Community Behavioral Service, in the amount of $5,000.00; Court Appointed Attorney Fees - Conflict, Charles M. Milligan, in the amount $1,020.00; David G. Hutchison, in the amount of $2,050.19; Halford G. Schuhmacher, in the amount of $3,050.00; Laurie Hall Esq., in the amount of $780.00; Richard Fowler, in the amount of $2,865.00; Richard Wunsch, in the amount of $350.00; Timothy Nicholas Thomes, in the amount of $800.00; Tom Woods, in the amount of $352.50; Vernis & Bowling of the Florida Keys, in the amount of $555.00; William H. Webster, in the amount of $4,031.25; Extraditions, Monroe County Sheriffs Dept., in the amount of $17,745.59. Board granted approval of the following Tourist Development Council Expenditures for the month of November 2003 : Advertising, in the amount of $206,360.57; Bricks & Mortar Projects, in the amount of $127,374.27; Visitor Information Services, in the amount of $50,374.98; Events, in the amount of $9,707.44; Office Supplies & Oper Costs, in the amount of $36,433.83; Personal Services, in the amount of $20,685.54; Public Relations, in the amount of $51,014.66; Sales & Marketing, in the amount of $78,016.90; Telephone & Utilities, in the amount of $9,623.84; Travel, in the amount of $13,495.32. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of October 15, 2003 (previously distributed). COUNTY ADMINISTRATOR Board granted approval to have a new Assistant County Attorney position to work in the County Attorney's Office. Board granted approval and authorized execution of a Consulting Agreement between Monroe County and Commonwealth Consulting Corporation for continuing consulting services. 12/17/03 it 2003/314 Board granted approval and authorized execution of an Amendment to Consulting Contract between Monroe County and Robert F. Reyes and W. Douglas Moody with the firm of Mitchell & Reyes, Inc. Board granted approval of the appointment of Edwin Scales, III to the Tourist Development Council, serving as a municipal official, with term to expire on December 17, 2007. COUNTY ATTORNEY Board authorized payment of an invoice from Ferencik Libanoff Brandt Bustamante & Williams, P.A. in the amount of $44,384.96 for October, 2003, for the defense of the County in the litigation of Lodge Construction. Request for approval to institute foreclosure and collection proceedings and for authority to settle 3 code enforcement lien cases, and to engage outside counsel, if necessary against Chris Johnson, Lily Marks, and Patricia Cambo. Board granted approval and authorized execution of a Settlement Agreement between Monroe County and Daniel & Jennifer Ganim, Case No. U1-03-1043, for a code enforcement lien. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the Key Largo Wastewater Treatment District for the purpose of funding the costs associated with the administration, planning and development of wastewater and reclaimed water projects within the MSTU, the boundaries of which are identical to the boundaries of the KLWTD. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS . Key West Airport Manager, Peter Horton addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to allow Florida Coastal Airlines a discount against rent and landing fees at the Key West International Airport, of $1.70 per seat into and out of the Florida Keys Marathon Airport, as an incentive to provide service at the Florida Keys Marathon Airport. Motion carried unanimously. County Engineer Dave Koppel, and County Attorney Richard Collins addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy to table the following two items: Negotiate a Contract with R.J. Heisenbottle, Architects to provide Professional Services for Marathon Courthouse Renovations. 12/17/03 i 2003/315 — l Negotiate a Contract with R.J. Heisenbottle, Architects to provide Professional Services for Plantation Key Courthouse Renovations/Additions. Roll call vote was unanimous. The Board discussed approval to reject proposals for the Health Benefit Plan Claims Administration and Utilization Review Services and continue the Contracts with Acordia National and Keys Physician Hospital Alliance (KPHA) to provide Third Party Administration services and case management as outlined in Contracts approved in September, 2003. Mike Molina, representing Blue Cross/Blue Shield of Florida; County Administrator James Roberts; and Lawton Swan, representing Interisk Corporation, addressed the Board. After discussion, motion was made by Commissioner Spehar to enter into a negotiation stage with respondents to the RFP and bring back to the Board for consideration. Motion died for lack of a second. Motion was then made by Commissioner Neugent and seconded by Commissioner Rice approving Staff Recommendation to reject proposals for the Health Benefit Plan Claims Administration and Utilization Review Services and continue the Contracts with Acordia National and Keys Physician Hospital Alliance (KPHA) to provide Third Party Administration Services and Case Management as outlined in Contracts approved in September, 2003. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Rice Yes Commissioner Spehar No Commissioner McCoy Yes Mayor Nelson Yes Motion carried. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner David P. Rice, Commissioner Dixie Spehar and Chairperson Kevin Madok. Monroe County Fire Chief Clark Martin reminded everyone to keep their Christmas Trees watered and not leave any unattended lit candles around the house. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval and authorizing execution of the following documents: Master Lease Agreement between District 1 Fire & Ambulance District and Leasing 2, Inc., a Florida Corporation in the principal amount of $517,158.38 to purchase self contained breathing apparatus (SCBA) and associated equipment; Equipment Schedule No. 1; Acceptance of Obligation to Commence Rental Payments Under Payment Schedule; Payment Schedule; Tax 12/17/03 2003/316 r Agreement and Arbitrage Certificate; Form 8038-G; Certificate of Resolution; Incumbency Certificate; Addendum to Equipment Schedule No. 01 to Master Lease Agreement Relating to Self -Insurance; Notice and Acknowledgment of Assignment; and adoption of the following Resolution authorizing the execution and delivery of a Master Lease Agreement, Equipment Schedule No. 1, and related instruments, and determining other matters in connection therewith and authorization for Mayor to execute same; for Clark O. Martin, Jr., Fire Chief, to execute the Acceptance of Obligation to Commence Rental Payments Under Payment Schedule each time equipment is acquired under the Master Lease Agreement; to issue a Purchase Order to Ten-8 Fire Equipment, Inc., sole source provider of MSA SCBA products for Monroe County, in the amount of $517,158.38 for the purchase of self contained breathing apparatus and associated equipment. Motion carried unanimously. There being no further business, the meeting of the Board of Governors. was adjourned. The Board of County Commissioners reconvened with all Commissioners present. DIVISION OF PUBLIC WORKS Gary L. Donn, P.E., Director of Planning and Public Transportation with the Florida Department of Transportation made a presentation before the Board on the Florida Department of Transportation (FDOT) Tentative Five -Year Work Program for Fiscal Year 2004-2008. The following individuals addressed the Board: John Hammerstrom, Hal Heim, Ron Miller, representing The Florida Keys Coalition; and Bettye Chaplin. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval of the Five -Year Work Program for Fiscal Year 2004-2008. Roll call vote was unanimous. WASTEWATER ISSUES The Board discussed approval of a Resolution authorizing conveyance of the mile marker 100.5 property to the Key Largo Wastewater Treatment District and acceptance of a conservation easement. Attorney Thomas M. Dillon, representing Key Largo Wastewater Treatment District; Mark Rosch, Monroe County Land Authority Director; and the County Administrator addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution, as amended. Said amendment as follows: Page 2 of 2 - Delete Section 3 . The County Mayor is also authorized to execute the attached conservation easement shown as Exhibit B acknowledging the County's acceptance of said easement. RESOLUTION NO. 561-2003 Said Resolution is incorporated herein by reference. 12/17/03 2003/317 Roll call vote was unanimous. SOUNDING BOARD Kathryn Wheeler addressed the Board regarding moving ahead on the next step toward erecting and collecting a toll on U. S.1 at the top of the Keys that could be used to finance wastewater treatment systems and acquisition of environmentally sensitive land. The County Administrator addressed the Board. No official action was taken. STAFF REPORTS Public Safety Director, Reggie Paros reported on Monroe County's contract with A&J Cartage Southeast a/k/a Synagro Southeast, Inc., and contracting with Sweetwater Environmental to be their trucking agent. Public Works Director, Dent Pierce reported on the proposed homeless shelter site negotiations with the City of Key West. Florida Keys Marathon Airport Manager, Reggie Paros also reported on several projects at the Florida Keys Marathon Airport, as follows: completion of the service road and landscaping along U.S. 1; status of the expansion of aprons at both FBO's; and status of the construction of the Sheriff s new hangar. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy to name the Sheriff s Hangar at the Florida Keys Marathon Airport the "RICK ROTH HANGAR". Motion carried unanimously. Key West Airport Manager, Peter Horton reported on the Regional Jet Service at Key West International Airport by Delta Airlines. Growth Management Director, Tim McGarry reported that he had received a call from Fish & Wildlife and indicated that they would be conducting their technical reviews under 30 days. COMMISSIONERS' ITEMS Mayor Nelson discussed his item that Monroe County request a letter from the National Marine Fisheries Service to designate Monroe County as the primary respondent for marine mammals in distress in the Florida Keys and further to consider Monroe County to transfer and designate this responsibility to Marine Mammal Conservancy (MMC). The following individuals addressed the Board: Rick Trout, representing the Marine Mammal Conservancy (MMC); Bob Favarado, representing the Marine Mammal Conservancy (MMC); Russ Rector, representing DFF; Becky Arnold, Wayne Mech, representing Florida Keys Marine Mammal Rescue Team; Denise Jackson, representing Florida Keys Marine Mammal Rescue Team; and Dan Kelsey, a Marine Mammal Conservancy (MMC) volunteer. After discussion, motion was made by Commissioner Rice and seconded by Commissioner McCoy for the Board to direct a letter to the National Marine Fisheries requesting their examination of the current organizational structure and make a decision. The County Administrator addressed the Board. Roll call vote was unanimous. 12/17/03 j 2003/318 Commissioner Spehar discussed her item concerning the feasibility of transferring County control of Pigeon Key to the City of Marathon. Bettye Chaplin and May D. Chote addressed the Board. No official action was taken. Commissioner Spehar discussed her item concerning approval for Monroe County to assume responsibility to maintain the computers in the County's Senior Citizen Centers in Key West, Big Pine, Marathon and Plantation Key. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar that Monroe County assume responsibility to maintain the computers in the County's Senior Citizen Centers in Key West, Big Pine, Marathon and Plantation Key. The County Administrator addressed the Board. Roll call vote was unanimous. PUBLIC HEARINGS The third of three Public Hearings was held to consider adoption of an Ordinance creating Article VII in Chapter 5.5 of the County Code of Ordinances, "Boats, Docks and Waterways," prohibiting diving and snorkeling within manmade waterbodies, and within 300 feet of marinas, improved residential, and commercial shorelines during the entirety of the two-day sport season for spiny lobster; providing for repeal of conflicting provisions; providing for severability; providing for inclusion in the code; and providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Pam Martin, member of the Marine & Port Advisory Committee; and Sherry Phillips. Marine Resources Director, George Garrett also addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 044-2003 Said Ordinance is incorporated herein by reference. Mayor Nelson discussed his item of adopting a plan to provide 100 homes a year on individual lots for working families of Monroe County. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar that a committee be created, with Commissioner Neugent the Board's liaison for Affordable Housing as its Chair, and that each Commissioner, including the Chair to the committee, appoint two people and return to this Board in 90 days with a working/plan document for consideration. The following individuals addressed the Board: M. J. Neel, Executive Director of the Greater Marathon Chamber of Commerce; George F. Wilson, and Sandra Walters. Mark Rosch, Executive Director of the Monroe County Landing Authority also addressed the Board. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT The Board accepted the written Growth Management Litigation Report from Attorney Karen Cabanas, dated December 16, 2003. 12/17/03 I 2003/319 Mr. Collins distributed to the Board the written General Litigation Report dated December 16, 2003. COMMISSIONERS' ITEMS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to table the approval to advertise an Ordinance adopting a curfew for minors sixteen years of age and younger for unincorporated Monroe County; providing for enforcement; providing for 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. Motion carried unanimously. Commissioner Neugent discussed his item for direction to Growth Management concerning a COMP PLAN amendment to make eligible platted unbuildable lots to qualify as ROGO lots. George F. Wilson and Sandra Walters addressed the Board. The Growth Management Director and the County Attorney addressed the Board. Staff was directed to look into the feasibility of using SR and NA lots for ROGO purchase and report back to the Board within 60 days. Commissioner Neugent discussed his item for direction by Board for consideration of all contractual agreements under $20K to be weighed in favor of local, minority and/or female owned businesses in Monroe County. Sandra Walters and the County Administrator addressed the Board. This matter was referred to Staff to report back to the Board. Mayor Nelson reported on the meeting held in Tallahassee with representatives from the Department of Community Affairs, the Governor and Cabinet and indicated that a meeting will be scheduled on January 6, 2004 with the Department of Community Affairs to reach an agreement to meet the needs of both parties concerning Monroe County's Comprehensive Plan and Work Program. Commissioner Neugent discussed his item for direction to Staff as to moving forward on the contractual agreement with the Department of Environmental Protection Division of State Lands regarding a parcel of property on Big Pine Key known as the "Swimming Hole". Dan Kelsey addressed the Board. Richard Jones, Senior Planner - Department of Marine Resources updated the Board on the item. This matter was referred to Staff for a report back to the Board. Commissioner Neugent discussed his item regarding the Solid Waste Management Contract. Mr. Paros and the County Administrator addressed the Board. This matter was referred to Staff for a report back to the Board. Commissioner Neugent discussed his item for discussion by the Board of County Commissioners with staff concerning a Retail Formula Ordinance for franchise stores on Big Pine Key within the Livable CommuniKeys Plan. Sherry Phillips, Katie Lyons, and Kathryn Wheeler addressed the Board. The County Attorney also addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar directing the County 12/17/03 2003/320 - Attorney to design an ordinance that would prevent franchise stores, similar to the ordinance in the Village of Islamorada, that would not allow franchises to be established in the Big Pine Key area. Roll call vote was unanimous. COUNTY ADMINISTRATOR Mr. Roberts reported to the Board status of negotiations with the City of Key West concerning the Key West Botanical Gardens property on Stock Island and the deadline for a final commitment from the City of December 31, 2003. The Board agreed to extend that date until after the first City Commission meeting in January, 2004. Mr. Roberts also discussed the level of travel expense reimbursements. The Board directed the County Administrator to move forward in the preparation of a resolution concerning a new level for travel expense reimbursements consideration by the Board at its regular meeting in January, 2004. . Commissioner Rice discussed his item for approval of utilization of Boating Improvement Funds to install no wake markers at Duck Key at the request of the Duck Key Property Owners Association. Marine Resources Director, George Garrett addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the request, as permitted. Motion carried unanimously. Staff was also directed to refer this issue to the Marine & Port Advisory Committee for a general policy review and report back to this Board. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution electing to use the uniform method of collecting non -ad valorem special assessments levied within the unincorporated area of the county encompassing the area of South Stock Island served or to be served by KW Resort Utilities; stating a need for such levy; providing for the mailing of this Resolution; and providing an effective date. There was no public input. The County Administrator addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 561A-2003 Said Resolution is incorporated herein by reference. A Public Hearing was held,concerning adoption of an Ordinance authorizing the issuance by the County of not exceeding $5,000,000 in aggregate principal amount of taxable wastewater improvement assessment bonds (Stock Island Area), Series 2004 in order to finance the acquisition of certain wastewater treatment capacity and various costs relating to the acquisition and construction of certain wastewater utility capital improvements on Stock Island, including the reimbursement of certain expenditures previously made by the County; Pledging the moneys received by the County from certain special assessments upon property benefited by the aforementioned improvements to secure payment of the principal of and interest on said bonds; _ Covenanting to budget and appropriate legally available non -ad valorem funds to pay debt service on the bonds in the event the Special Assessments are inadequate for such purpose; Providing for 12/17/03 2003/321 the rights of the holders of said bonds; and providing for an effective date for this Ordinance. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 045-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution approving the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as the policy document to direct growth and development of Big Pine Key and No Name Key. The Board also discussed Commissioner Neugent's item for approval to designate the Sea Camp Property in Big Pine Key as Tier III. Planning Director Marlene Conaway addressed the Board. The Board accepted public input with the following individuals addressing the Board: General Counsel Earl Gallop, representing Sea Camp Association, Inc.; Sandra Walters, Bill Lowey, Hazel Hartman, Wheeler, Bill Lowey, and Jim Cameron, Katie Lyons, and Kathryn Wheeler. The Clerk entered into the record a letter from Carol Fisher, representing the Lower Keys Chamber of Commerce/Sea Camp. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to approve the following: Resolution approving the Livable Communikeys Master Plan for Big Pine Key and No Name Key, as the Policy Document to direct growth and development of Big Pine Key and No Name Key. RESOLUTION NO. 562-2003 Said Resolution is incorporated herein by reference. Amendments to Draft Four of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, as follows: Strategy 8.1 Page 58, Action Item 8.1.1: Regulate new fences as follows: c. Permit new fences on developed canal lots and vacant canal lots that are contiguous to and serve a principal use within Tier I and Tier III and within Port Pine Heights and Kyle -Dyer Subdivisions. All fences shall be designed to meet adopted fence design guidelines for the planning area already contained in the land development regulations. Strategy 12.2 Page 74, Develop a Corridor Enhancement Plan for the U.S. 1 Corridor Area. Action Item 12.2.4: Prohibit new formula retail businesses and restaurants in the planning area through development of land development regulations. Page 75 12/17/03 2003/322 i Action Item 12.2.45 : Coordinate with land owners, including the U. S. Fish and Wildlife Service, to explore opportunities for restoration and incorporation of remaining native habitat into the corridor design including purchases, removal of fences, removal of exotics, open space design, historical features and educational materials. Action Item 12.2.36: Prohibit new industrial uses on U.S. 1 within the planning area in order to enhance the community character of the U.S. 1 Corridor Area. Direction to Staff to make the necessary map amendment to re -designate the Sea Camp Property in Big Pine Key as Tier III. Roll call vote was unanimous. A Public Hearing was held to consider adoption of an Ordinance approving the request filed by the Monroe County Planning Department to amend Section 9.5-124 of the Monroe County Code, (NROGO) by adding a definition for "covered walkways"; adding regulations for covered outdoor non-residential floor area; prohibiting NROGO exemptions for not -for -profit development within areas proposed for acquisition by governmental agencies for the purpose of resource protection; modifying impact fees for non-residential floor area; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. The Board accepted public input with the following individual addressing the Board: Sandra Walters. Mr. McGarry also addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 046-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance approving a request of the Monroe County Planning Department to amend Section 9.5-266 (Affordable and Employee Housing); of the Land Development Regulations, allowing Market Rate Housing to be eligible to receive points as infill development under section 9.5-122.3(a)(1); 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 Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 047-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance to consider an amendment to Section 9.5-4 (Definitions) of the Land Development Regulations by adding definitions for Coastal Barrier Resources Systems and Conservation Land Protection Areas; 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 12/17/03 i I 2003/323 i input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 048-2003 Said Ordinance is incorporated herein by reference. The second of two Public Hearings was held to consider adoption of an Ordinance to amend Policy 212.2.3 (Shoreline Setbacks) of the Monroe County Year 2010 Comprehensive Plan; providing for repeal of 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 Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 049-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider the request of Hawk's Cay Resort (MM61) to amend a Development of Regional Impact (DRI) and modify a Major Development to relocate two (2) previously approved units from Corridor 5 to the Commercial Development Area adjacent to Tom's Harbor. The Board accepted public input with the following individual addressing the Board: Sherry Spiers, representing Pritam Singh. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution approving amendments to the Development of Regional Impact (DRI) Development Order, Resolution No. 365-1986, and modifications to the Major Development approval for the Hawk's Cay expansion DRI; Providing for an effective date. Motion carried unanimously. RESOLUTION NO.563-2003 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of an Agreement between Monroe County, Department of Community Affairs, Hawk's Cay Investors, LTD and Hawk's Cay Developers, LTD for the Built -Out Hawk's Cay Development of Regional Impact pursuant to Sections 380.032 and 380.06(15), Florida Statutes. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida 12/17/03 2003/324 Isabel C. DeSantis, Deputy Clerk