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01/21/2004 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2004/3 Regular Meeting Board of County Commissioners Wednesday, January 21,2004 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 at Historic Truman School in Key West. 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; Richard Collins, County Attorney; County Staff, members of the press and radio; and the general public. James Roberts, County Administrator arrived later in the meeting. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of award of service plaque to retiree, Sarah Curry, former Manager of the Key West Truman School Nutrition Site, for over 26 years of service to Monroe County. Presentation of Years of Service Award for 15 years of service to Monroe County to William DeSantis, Carpenter, Facilities Maintenance Department, Public Works Division. Presentation of Years of Service Award for 15 years of service to Monroe County to Richard Powell, Supervisor, Facilities Maintenance Department, Public Works Division. Presentation of the Employee of the Month Award (Lower Keys) for October 2003 to Henry Arroyo, Social Services Department In Home-Service Case Manager Key West. A Calling Out Ceremony of Monroe County children currently in foster case who are available for adoption were read aloud by each Commissioner. Mayor Proclamation proclaiming the week of January 19-25, 2004, as Mel Fisher Maritime Museum Achievement Week. 01/21/2004 2004/4 Mayor Proclamation to declare January 28,2004 as "Jose Marti Day" in Monroe County. Commissioner McCoy announced the death of Dr. Jose Sanchez. Mayor Nelson read a letter from State Representative Ken Sorenson and Governor Jeb Bush concerning $90 million to Monroe County during the next 3 years for the purchase of environmentally sensitive lands. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval of the following items by unanimous consent: Board granted approval and authorized execution of an Agreement between Monroe County and KW Resort Utilities Corp. to connect the sewage system for the Stock Island Fire Station. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Culvers Cleaning Company for the janitorial services, opening and lock up of Veteran's Memorial Park restrooms. Board granted approval and authorized execution of a Interlocal Agreement between Monroe County and the City of Marathon for the televising and use of the meeting room at the Marathon Government Center for City Planning Commission meetings. Board granted approval to demolish the trailer at Jackson Square F.K.AA property that accommodates the office of the Sheriff's Department Civil Division. Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval for Florida Coastal Airlines (FCA) to continue operating at Florida Keys Marathon Airport on a month-to-month basis and approval to waive all associated and/or related airport fees for the time period until May 15,2004. Board granted approval to increase parking rates for the Key West International Airport, per the recommendation of Republic Parking System. Board granted approval and authorized execution of a Public Transportation Supplemental Joint Participation Agreement, Contract No. AK043 between Monroe County and the State of Florida Department of Transportation to provide additional funds for Planning Studies. Board granted approval to appoint Mark Burris to the Key West International Airport Ad Hoc Committee on Noise, representing the Riviera Shores Homeowners Association. 01/21/2004 2004/5 Board granted approval to name the unnamed rental car return road at the Key West International Airport, Nancy Cherry Way. Board granted approval to appoint Mike Walsh to the Key West Ad Hoc Committee on Noise, as an Airline representative. Board granted approval of an award of bid to D. L. Porter, for hangar Development, Taxilanes & Apron Projects, at the Key West International Airport, in the amount of $3,244,670.21. Board granted approval to advertise surplus equipment for bids and approval to remove surplus equipment from inventory via removal, and disposal. Said listing is incorporated herein by reference. Board granted approval to apply for a Residential Substance Abuse Treatment Grant and for the Mayor to sign the application and related certifications and attachments. Draft application is attached. Board adopted the following Resolutions concerning the Transfer of Funds, Unanticipated Funds, and Amending: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 001-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 475-2003 (OMB Schedule Item No.2). RESOLUTION NO. 002 -2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 371-2003 (OMB Schedule Item No.3). RESOLUTION NO. 003-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 004-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 255-2003 (OMB Schedule Item No.5). RESOLUTION NO. 005-2004 Said Resolution is incorporated herein by reference. 01/21/2004 Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 006-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 007-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 531-2002 (OMB Schedule Item No.8). RESOLUTION NO. 008-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 009-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 010-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 011-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 012-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 431-2003 (OMB Schedule Item No. 13). RESOLUTION NO. 013-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 014-2004 Said Resolution is incorporated herein by reference. 2004/6 01/21/2004 2004/7 Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 015-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 016-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 017-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 018-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 019-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 020-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 021-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 022-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 023-2004 Said Resolution is incorporated herein by reference. 01/21/2004 Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 024-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 025-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 026-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 27). RESOLUTION NO. 027-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 541-2003 (OMB Schedule Item No. 28). RESOLUTION NO. 028-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 029-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 030-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 031-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 32). RESOLUTION NO. 032-2004 Said Resolution is incorporated herein by reference. 2004/8 01/21/2004 2004/9 Transfer of Funds (OMB Schedule Item No. 33). RESOLUTION NO. 033-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 540-2003 (OMB Schedule Item No. 34). RESOLUTION NO. 034-2004 Said Resolution is incorporated herein by reference Board granted approval and authorized execution of Modification Number Three to Disaster Relief Funding Agreement Number 0IUN-6P-11-54-15-007 between Monroe County and the Florida Department of Community Affairs (DCA) to extend the Agreement date to June 30, 2004. Board granted approval and authorized execution of Amendment 002, Contract AA-329 between Monroe County and Alliance for Aging, Inc. to transfer $2,500 from Title III-B to Title III C-2 and to adjust service units accordingly. The total amount under the contract remains unchanged at $536,061. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County - (Monroe County Social Services/In-Home Services Program) and Homecare Medical Equipment and Services, Inc. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County - (Monroe County Social Services/In-Home Services Program) and Summitt Home Respiratory Services, Inc. Board granted approval and authorized execution of Amendment 001, to Master Agreement No. P A329 between Monroe County and 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. Board granted approval to accept the National Endowment for the Humanities' Prevention Assistance Grant Award and authorized completion of the ACH Vendor Enrollment Form by staff Board granted approval of the Fiscal Year 2005 Budget Calendar including dates for all Public Hearings. Said list is incorporated herein by reference. Board granted approval of an application for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration for Financial Assistance to purchase two transportation buses and approval of the County Administrator to sign the Grant Application and Resolution. 01/21/2004 2004/10 RESOLUTION NO. 035-2004 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Monroe County and Island Dolphin Care Center, Inc. for construction of the facility (building) in an amount not to exceed $130,000 - DAC V, FY 2004 Capital Project Resources. Board granted approval and authorized execution of a Grant In Aid Award Agreement between Monroe County and the Florida Keys History of Diving Museum, Inc. for a diving museum development project in an amount not to exceed $293,162 - DAC IV, FY 2004 Capital Project Resources. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon for the Sombrero Beach Swimming Area Buoys project in an amount not to exceed $13,000 - DAC III, FY 2004 Capital Project Resources. Board granted approval and authorized execution of a Grant In Aid Award Agreement between Monroe County and the National Marine Sanctuary Foundation for the Dr. Nancy Foster Florida Keys Environmental Center - Florida Keys Ecosystem Exhibit project in an amount not to exceed $222,500 - DAC I, FY 2004 Capital Project Resources. Board granted approval and authorized execution of a Grant In Aid Award Agreement between Monroe County and the Key West Art & Historical Society for the Custom House Repair project in an amount not to exceed $18,475 - DAC I, FY 2004 Capital Project Resources. Board granted approval and authorized execution of a Grant In Aid Award Agreement between Monroe County and the Dolphin Research Center for the Dolphin Habitat and Tiki Structure projects in an amount not to exceed $64,908 - DAC III, FY 2004 Capital Project Resources. Board granted approval and authorized execution of a Grant In Aid Award Agreement between Monroe County and the Marathon Community Theatre for the Renovation of the Rehearsal Room project in an amount not to exceed $800 - DAC III, FY 2004 Capital Project funding. Board granted approval and authorized execution of an Interlocal Agreement for Grant In Aid Funds between Monroe County and the City of Marathon for the Sombrero Beach Parking Lot Improvement project to improve the Sombrero Beach Park property in an amount not to exceed $13,500 - DAC III, FY 2004 Capital Project Resources. Board granted approval and authorized execution of an Interlocal Agreement for Grant in Aid Funds between Monroe County and the Islamorada Village of Islands for the Fishing Pier project in an amount not to exceed 60,000, FY 2004, DAC IV Capital Project Resources. Board granted approval and authorized execution of an Amendment to Agreement 01/21/2004 2004/11 between Monroe County and the Mel Fisher Maritime Heritage Society, Inc., to extend the Agreement for the Improvement Phase II project to repair and improve the Mel Fisher Maritime Museum, to March 31, 2004. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Mel Fisher Maritime Heritage Society, Inc., to extend the Agreement for the repair and improvement Phase III project to September 30,2004. Board granted approval and authorized execution of a Grant In Aid Award Agreement between Monroe County and the Florida Keys Community College for restroom renovations project at Tennessee Williams Theatre in an amount not to exceed $150,630 - DAC I, FY 2004 Capital Project Resources. Board granted approval to rescind Agreement which was approved by the BOCC at their meeting of October 15, 2003 with Clear Channel Broadcasting, Inc. covering the 18th Annual Fathers Day Dolphin Derby on June 18-20,2004 and enter into the same event Agreement with LSM Radio Partners. MANAGEMENT SERVICES Board granted approval to remove 11 computers and one monitor from County inventory records. Said listing is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Board granted approval for the transfer of one buildable lot from William R. & A Patricia Gillum to Monroe County by Warranty Deed for Lot 13, Block 5, Revised Plat of Torch Key Estates, Little Torch Key, Permit No. 99-1-1737. Board granted approval for the transfer of one buildable lot from Frank Vastano to Monroe County by Warranty Deed for Lot 3, Block 6, Revised Plat of Torch Key Estates, Little Torch Key, Permit No. 02-2-4891. Board granted approval for the transfer of two buildable lots from Bruce B. & Sherrie L. Nelson to Monroe County by Warranty Deed for Lot 3, Block 19, Buccaneer Beach Estates, Pieces of Eight Key & Lot 2, Block 34, Sands Subdivision, Big Pine Key, Permit No. 03-1-0370. Board granted approval and authorized execution of a Supplemental Joint Participation Agreement, Contract No. AM 102 between Monroe County and the Florida Department of Transportation to provide funding for the Monroe County Bicycle/Pedestrian Planner position. Board adopted the following Resolution endorsing the efforts of the Planning and Environmental Resources Department to pursue funding through the Transportation Enhancement Funds from the Florida Department of Transportation to implement bicycle/pedestrian projects in Monroe County. RESOLUTION NO. 036-2004 Said Resolution is incorporated herein by reference. 01/21/2004 2004/12 Board granted approval and authorized execution of a Grant Conservation Easement between Monroe County and All Counties Recycling and Waste Processing, Inc., for Squares 4 & 20 Ocean Acres, PBl pg 188, Monroe County, RE#00454220 & RE#00454520. Board granted approval to advertise Request for Proposal for professional services to monitor and undertake the task of removing all Florida Exotic Pest Plan Council listed species within the Overseas Heritage Trail and Scenic Highway right-of-way, review and rank proposals and recommend a firm to the Board of County Commissioners Board granted approval and authorized execution of a Contract between Monroe County and the Florida Fish and Wildlife Commission (FWC) to receive $250,000 in Clean Vessel Act (CVA) Funds, DEP Agreement No. LE507 for CVA03-361. Board granted approval to expend up to $8,000 of Boating Improvements Funds (BIF) to assist Lignum Vitae Submerged Lands Management Area in completing the establishment of a boat grounding assessment database Board granted approval to purchase air time from Comcast Corporation for providing information concerning the Florida Keys No Discharge Zone as a sole provider of cable services in Monroe County. Board granted approval for the transfer of one buildable lot from Manuel E. & Anita L. Garcia for Kim Fisher to Monroe County by Warranty Deed, for Lot 27, Block 9, Indian Mounds Estates, SugarloafKey., Permit No. 001-1-5248. Board granted approval for one Restrictive Covenant from Jesus M. & Martha M. Gomez to have one dwelling unit on contiguous lots described as Lots 9, 10, 11, & 12, Block 27, Key Largo Park Amended, Key Largo, Permit No. 03-3-2511. Board granted approval for the transfer of one buildable lot from Anna E. Lockwood to Monroe County by Warranty Deed, for Part Govt. Lot 7, aka Parcel FFF, Cudjoe Key, RE: 00115510.001900., Permit No. 03-2-1018. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution requesting the assignment of recaptured Community Development Block Grant Program Housing Rehabilitation Funds in the amount of $3,712.00 to the Monroe County Local Housing Trust Fund (SHIP PROGRAM). RESOLUTION NO. 037-2004 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing Monroe County's State Housing Initiative Partnership (SHIP) Program Administrator to execute SHIP Mortgage Subordination on behalf of buyers KaplanlFreeman. 01/21/2004 2004/13 RESOLUTION NO. 038-2004 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board granted approval of Mayor Nelson's reappointment of Dr. James Boilini to the Parks and Recreation Advisory Board. Board granted approval of Commissioner Spehar's reappointment of Steven Miller to the Parks and Recreation Advisory Board, with term expiring on January 1, 2008. COUNTY CLERK Board granted approval of the following Warrants (93380 - 94774 & 206270-206426): General Fund (001), in the amount of $3,423, 127.03; Sup to General Revenue (002), in the amount of $4,252.02; Fine & Forfeiture Fund (101), in the amount of$5,363,547.26; Road and Bridge Fund (102), in the amount of$365,897.81; Law Library Fund (103), in the amount of$184.00; TDC District Two Penny (115), in the amount of $202,913.66; TDC Admin. & Promo 2 Cent (116), in the amount of$458,433.96; TDC District 1,3 Cent (117), in the amount of$162,384.05; TDC District 2, 3 Cent (118), in the amount of$37,176.74; TDC District 3, 3 Cent (119), in the amount of$16,943.96; TDC District 4, 3 Cent (120), in the amount of$8,375.94; TDC District 5, 3 Cent (121), in the amount of$8,587.96; Gov. Fund Type Grants (125), in the amount of $240,256.19; Impact Fees Fire & EMS, in the amount of $43,200.00; Fire & Amb Dist 1 L&M Keys (141), in the amount of$214,252.54; Upper Keys Health Care (144), in the amount of$348.70; Fire & Amb Dist 6 Key Largo (146), in the amount of$59,072.97; Uninc Svc Dist Parks & Rec (147), in the amount of$29,868.63; Plan, Build, Zoning (148), in the amount of$117,845.48; Municipal Policing (149), in the amount of $1,019,624.99; 911 Enhancement Fee (150), in the amount of$15,163.52; Duck Key Security (152), in the amount of$7,688.92; Local Housing Assistance (153), in the amount $198,122.86; Boating Improvement Fund (157), in the amount of$5,410.40; Misc. Special Revenue Fund (158), in the amount of$21, 186.19; Law Enforcement Trust (162), in the amount of$5,530.00; Marathon Municipal Service (166), in the amount of$16,832.76; Conch Key Wastewater MSTU (167), in the amount of$127.88; Bay Point Wastewater MSTU (168), in the amount of $751.25; Key Largo Wastewater MSTU (170), in the amount of$161,214.58; 1 Cent Infra Surtax (304), in the amount of $662, 146.66; Card Sound Bridge (401), in the amount of $10,922.36; Marathon Airport (403), in the amount of$115,478.73; Key West Inti. Airport (404), in the amount of$933,040.89; MSD Solid Waste (414), in the amount of$I,577,751.40; Worker's Compensation (501), in the amount of$14,935.07; Group Insurance Fund (502), in the amount of$56,799.00; Risk Management Fund (503), in the amount of$77,853.54; Fleet Management Fund (504), in the amount of$72,516.96. Board granted approval of the following Fine & Forfeiture Expenditures: Court Reporter Services, Amy Landry Reporting, in the amount of $452.75; Associated Court Reporters, in the amount of$3,329.50; Barbara Grant, in the amount of$6, 112.25; 01/21/2004 2004/14 Catherine Webster aka Cathy Webster, in the amount of $2, 167.75; Court Reporters of Key West, in the amount of $260.00; Monroe County Court Reporting, in the amount of $460.25; Suzanne Ex dba All Keys Reporting, in the amount of$155.25; Competency Evaluation, A Louis O'Conner,PHd, in the amount of $2, 100.00; Care Center for Mental Health, in the amount of$700.00; Deborah A Harrison, PHd, in the amount of $450.00; James W. Holbrook EDD, in the amount of$I,300.00; Jay Terrell, in the amount of$100.00; The Counseling Associates, in the amount of $900.00; Court Interpreter, Alex Diaz, in the amount of$395.00; Claudia M. Hancock, in the amount of$90.00; Estrella Garcia, in the amount of$225.00; Jose R. Menendez, in the amount of $145.00; Marketa Trnka, in the amount of $13 5.00; Martha Beauliea, in the amount of$35.00; Martha Hernandez, in the amount of$185.00; Pilar Nelson, in the amount of $262.50; Witness Coordination, Witness Travel & Per Diem, in the amount of$2,152.71; Expert Witness, Behavior Changers Inc., in the amount of$I,800.00; CES Consulting Inc., in the amount of$2,273.55; Daniel Miller, in the amount of$400.00; Institute for Behavioral Sciences, in the amount of$350.00; Michael Maher MD, in the amount of$I,626.00; Randy Desiler, in the amount of $400.00. Court Appointed Attorney Fees - Conflict, Charles M. Milligan, in the amount $1,132.50; Gregory Davila, in the amount of$991.73; Joseph Albury PA, in the amount of$3,097.50. Other Services Circuit, Manuel Madruga, in the amount of $220.61; State of Florida - Strickland/Collins, in the amount of$I,487.42. Miscellaneous Expenses, Mail Boxes, Etc., in the amount of$319.53; Michael Strickland, in the amount of $305.73. Board granted approval of the following Tourist Development Council Expenditures for the month of December 2003: Advertising, in the amount of $289,852.24; Bricks & Mortar Projects, in the amount of $32,129.97; Visitor Information Services, in the amount of$42,833.32; Events, in the amount of$108,801.35; Office Supplies & Oper Costs, in the amount of$47,276.75; Personal Services, in the amount of$145,725.32; Public Relations, in the amount of$81,508.99; Sales & Marketing, in the amount of $49,042.04; Telephone & Utilities, in the amount of$9,154.75; Travel, in the amount of$22,215.00. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of November 19,2003 (previously distributed). COUNTY ADMINISTRATOR Board granted approval of expenditures from the Board of County Commissioners' promotional account in the amount of $55.00. Board granted approval of an announcement of a public workshop to be held by the Florida Department of Environmental Protection on Wednesday, February 11,2004 at 7:00 P.M. at Layton City Hall to present to the public the proposed land management plans for Long Key State Park and, announcement of a Florida Department of Environmental Protection group meeting to be held on Thursday, February 12, 2004 at 9:00 AM. at Layton City Hall to discuss with the Advisory Group members the proposed land management plans for Long Key State Park. 01/21/2004 2004/15 COUNTY ATTORNEY The Board was provided with the written recap of services for December 2003 by the County Attorney's Office. Board granted approval to advertise an Ordinance amending Section 16-4(b )(2), Monroe County Code, concerning Card Sound Road Bridge tolls in order to provide that persons purchasing a book of 400 commuter tickets shall pay $.25 per axle as the toll; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Board granted approval to advertise an Ordinance amending Section 6-56, Monroe County Code, concerning Buildings and Construction in order to amend contractors certification requirements; 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. Board granted approval to release a lien against the property owned by Jerry and Juliet Channel located in Key Haven. Board granted approval of an Assignment of Lease from Robert W. Lyne and Carolyn A Lyne to Seashime, LLC of parking lot to property adjacent to Bayview Inn and Marina, Conch Key. Board granted approval and authorized execution of an Assignment and Assumption of Leasehold for the Big Pine Key Shopping Center Library Space from Michael Weisser to Big Pine Shopping Center LLC. Board adopted the following Resolution acknowledging that advisory board members have a fiduciary duty to Monroe County, and setting forth a description of that duty, a breach of which may result in removal from Office. RESOLUTION NO. 040-2004 Said Resolution is incorporated herein by reference. Board adopted the following Resolution in order to cancel a portion of the ad valorem tax and non-ad valorem assessment on property acquired by the Land Authority and to cancel the non advalorem assessment on an environmental lot both in Breezeswept Beach Estates - Lot 16, Block 11 and Lot 23, Block 4. RESOLUTION NO. 041-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County, the Monroe County Sheriff's Office and the City of Marathon for police services. 01/21/2004 2004/16 Board authorized payment of invoice from Ferencik, Libanoff, Brandt, Bustamante & Williams in the amount of$91,480.35 for November, 2003, for representation of the County in litigation against Lodge Construction. Board granted approval to advertise an Ordinance pursuant to Section 112.061(14), Florida Statutes, creating Chapter 2, Article XXVI, Monroe County Code, adopting a travel, per diem, meals, and mileage policy for Monroe County Commission Members and County Officers and Employees; further, establishing travel reimbursement rate for per diem at $100 per day, Breakfast at $6.50; Lunch at $13.50; Dinner at $27.00, and mileage at $.40 per mile when using private vehicles on county business; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Board granted approval and authorized execution of a Community Correctional Services Agreement between Monroe County, Florida and Maximus Incorporated to provide services for misdemeanor probationers. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS County Engineer Dave Koppel addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval to waive Purchasing Policies and Procedures and issue a Purchase Order to Evans Environmental & Geosciences in the amount of$32,487.00 for asbestos consulting and air monitoring services at the Public Service Building on Stock Island. Motion carried unanimously. Mr. Koppel addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval ofthe following two (2) items: Negotiation of a Contract with R. 1. Heisenbottle, Architects to provide Professional Services for Marathon Courthouse Renovations. Negotiation of a Contract with R. 1. Heisenbottle, Architects to provide Professional Services for Plantation Key Courthouse Renovations/Addition. Motion carried unanimously. Key West Airport Manager, Peter Horton addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval of an award of bid to Thomas Meyer - Keys Landscaping for landscape maintenance at the airport and to proceed with the work on a month-to-month basis until a formal contract can be presented to the Board. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to 01/21/2004 2004/17 appoint William Andersen, APC, CFP as an "At Large"appointment to the Tourist Development Council District V Advisory Committee. Motion carried unanimously. STAFF REPORTS Management Services Director, Sheila Barker addressed the Board and introduced the new FiHftHee Direetor Office of Management & Budget Director, Sal Zappulla. Mr. Zappulla addressed the Board. Public Safety Director, Reggie Paros reported to the Board the status of negotiation renewals of several solid waste contracts. Key West Airport Manager Peter Horton reported to the Board of a recent Key West Citizen Newspaper article concerning Key West Mayor Jimmy Weekley's tourism advisory board and one of its recommendations for expansion or relocation of the Key West Airport. Mr. Horton also discussed the success of a steel band that for past three to four years plays outside of the airport. The Board agreed for the steel band to continue and, that on a trial basis, other Key West musicians be included. DIVISION OF GROWTH MANAGEMENT Growth Management Director Tim McGarry addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to advertise a Request for Bids for equipment and tackle for 166 additional moorings for the expansion of the City of Marathon mooring field to pay for 39 moorings recently installed. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to advertise for three (3) Public Hearings an Ordinance creating a new subsection in Chapter 5.5, Article V, Section 108(d), entitled "Oversized Vessel Regulations", 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. The Board was provided with the written Growth Management Litigation Report from Attorney Karen Cabanas, of the firm Morgan & Hendrick, dated January 20,2004. COUNTY CLERK Clerk of Court, Danny L. Kolhage advised that all open and active contracts and leases of the Board are now available for viewing via the Monroe County Clerk of Court's website located at www.clerk-of-the-court.com . Commissioner Spehar requested a status of the audit report concerning KW Resort for the sewering of South Stock Island. Mr. Kolhage addressed the Board. 01/21/2004 2004/18 COUNTY ATTORNEY The following individuals addressed the Board concerning approval to advertise an Ordinance amending Chapter 3, Monroe County Code, Providing for definitions of animals and public conservation lands, Providing for correction of a typographical error of a Florida Statute cite; Providing for owners and managers of public conservation lands to deliver feral animals to an animal sanctuary; Providing for adoption fees and conditions; 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: Carol Colburn, representing the Florida Keys Society for Prevention and Cruelty to Animals and Gwen Hawtof, President of the Florida Keys Society for Prevention and Cruelty to Animals. Mayor Nelson read a letter into the record from Tom Garrettson, President of the Humane Animal Care Coalition, Inc. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to deny the item. Motion carried unanimously. MISCELLANEOUS Commissioner Spehar requested a status of the Consent and Acknowledgment Agreement concerning the five percent of the $2700 per EDU capacity reservation fee for the connection to a central wastewater collection system. Mr. Collins addressed the Board. COMMISSIONERS' ITEMS Gerald M. Nixon addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Spehar to adopt the following Resolution supporting the naming of two Mangrove Islands as Venture Key and Out Key, collectively Venture Out Keys. Motion carried unanimously. RESOLUTION NO. 041A-2004 Said Resolution is incorporated herein by reference. Yvette London of Harvard, Jolly, Clees, Toppe Architects presented the Board with status of the new Medical Examiner's Facility. Jose Gonzalez updated the Board for work being performed at Jackson Square. MISCELLANEOUS The Board acknowledged the presence of the County Administrator who had recently been hospitalized with pneumonia. WASTEWATER ISSUES Commissioner McCoy, as wastewater liaison gave an update briefing on wastewater management projects and issues and provided the Board with a written review of the South Stock Island System and the overall status of Keys projects in a compilation of reports; intended to group together and index their findings. The following individuals addressed the Board: Kim 01/21/2004 2004/19 Wigington, Ross Murphy, Ray Vanyo, and Carolee McReynolds. County Administrator, James Roberts; County Attorney, Richard Collins; Bill Smith, representing KW Resort Utilities; Ed R. Castle, P.E. Project Manager with The Weiler Engineering Corporation; and Ken Williams, representing CH2MHill also addressed the Board. No official action was taken. COMMISSIONERS' ITEMS Commissioner Rice abstained from voting on the following item: Commissioner Spehar discussed her item for approval of a Resolution urging the Florida Legislature to enact the Monroe County Community Based Care Alliance's 2004 Legislative agenda. Joseph Barker, representing Monroe Alliance addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution. Roll call vote was unanimous, with Commissioner Rice abstaining. RESOLUTION NO. 042-2004 Said Resolution is incorporated herein by reference. Commissioner Spehar discussed her item for approval to direct Staff to prepare appropriate draft amendments to the LDR's that would add employee housing, affordable housing and liveaboards to "as of right uses" in the Maritime Industrial and Mixed-Use Districts so that they will be consistent with Comprehensive Plan policies and to change our current ROGO allocation for legally established liveaboards from 1.0 to .50. The following individuals addressed the Board: Catherine Harding, representing the Safe Harbor Seaport Owners; Joe O'Connell, representing the Safe Harbor Seaport Owners; Roger Green, representing Oceanside Marina; Robbie Reckwerdt, representing Robbie's Marina, Stephanie Griffiths, representing Mayberry Marina - Harbourview Marina; Walter Crumbley, representing Safe Harbor Marina; and Tony Herrin, representing Seamarket. Growth Management Director, Tim McGarry and Rebecca Jetton, representing the Florida Department of Community Affairs addressed the Board. Commissioner McCoy excused himself from the meeting. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to table the item. Roll call vote was unanimous, with Commissioner McCoy not present. Commissioner McCoy returned to the meeting. PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance amending Section 13.5-5(a)(4), Monroe County Code, in order to change the name of the park from Big Coppitt Park to Big Coppitt Volunteer Fire Department Park; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 001-2004 Said Ordinance is incorporated herein by reference A Public Hearing was held concerning adoption of a Resolution evidencing the Board's approval of a Recommended Beneficial Use Determination promulgated by the Special Master, In 01/21/2004 2004/20 Re: Victor L. and Thelma L. Holmstrom. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 043-2004 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT The Board discussed adoption of a Resolution expressing support for a partnership with the Florida Department of Community Affairs (DCA) to meet the State's and County's obligations under Rule 28-20.100, Florida Administrative Code and the County's Year 2010 Comprehensive Plan; committing the County to specific implementation actions; requesting reciprocal commitments from the DCA; and directing County staff to prepare an interim moratorium ordinance pursuant to guidance from legal counsel. Growth Management Director Tim McGarry; Planning Director, Marlene Conaway; and Land Use Counsel, James T. Hendrick addressed the Board. The Board then accepted public input with the following individuals addressing the Board: Carol Smith, Sandra Walters, Sherry Phillips, Dennis Henize, Capt. Ed Davidson, Chairman of the Florida Keys Citizens Coalition; Joan Borel, representing Last Stand; Tina Henize, H. T. Pontin, Mick Putney, representing the Key Deer Protection Alliance; Debra Harrison, representing the World Wildlife Fund; Alicia Putney, Kathryn Wheeler, representing the Big Pine Key Civic Association; Katie Lyons, Lee Rohe. The Clerk read into the record a letter from Ed Swift. Rebecca Jetton, representing the Florida Department of Community Affairs addressed the Board and discussed the following proposed amendments to the Cooperative Agreement: Page 2, Workforce Housing, item 3: The County will assign to a workforce/affordable housing pool at least 187 ROGO allocations: such allocations to be obtained from the following sources: 53 existing unused allocations, 109 ROGO restored allocations lost in Years 9 through 12 due to reductions in the County's annual allocations made by Administration Commission rulemaking; and 25 allocations lost in ROGO Year 10 due to lack of nutrient credits. The County will support the allocation to Marathon of 47 affordable housing units for a proposed Florida Housing Finance Corporation project that will remain affordable in perpetuity. This commitment requires that DCA recommend to the Governor and Cabinet the restoration of these lost allocations. Page 2, Commitments by DCA, item 1: Secure $3 million and initiate all steps necessary to secure an additional $17 million in grant funds for affordable/workforce housing over the next two years. Page 3, Commitments by DCA, item 2: Restore to Monroe County the 134 allocations lost between ROGO Years 9-12 due to reductions in the County's annual allocations made by Administration Commission rulemaking and lack of nutrient reduction credits in Year 10; those restored allocations are 01/21/2004 2004/21 to be assigned to affordable/workforce housing. The Department will restore 47 units to the County upon documentation of proposed workforce housing proposals. Page 3, Habitat Protection, Commitments by the County, add item 4: The CNA maps including any proposed revisions thereto, shall be included in the public hearing on the moratorium ordinance. The Monroe County Land Authority will target for voluntary purchase appropriate environmentally sensitive lands that are contained within upland native habitat of 2 acres or more outside the CNA The County will set aside $2 million of reserve ROGO funds for this purpose. Page 3, add item 5 Prepare and submit to DCA an expeditious schedule of public hearings, comprehensive plan amendments, and land development regulations to ensure that the moratorium is terminated with one year. Page 4, Item 6, DCA Commitments: County shall identify the specific number of nutrient credits needed. Page 4, DCA Commitments, add item 7 : Any borrowing of future nutrient credits shall be contingent upon the County's adoption of a bond and financing as proposed under the County Wastewater Commitments. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to approve the above amendments proposed by DCA and the following amendments by the Board: Page 1 of5, Exhibit One - WASTEWATER Commitments by the County 2. The County, in cooperation with the Florida Keys Aqueduct Authority and the Kev Largo Wastewater Treatment District, will initiate all steps legally necessary to obtain up to $80 million in bond financing secured by connection fees, to fund construction and expansion of wastewater projects. Page 3 of5, Exhibit One - HABITAT PROTECTION Commitments by the County 4. The CNA maps including any proposed revisions thereto, shall be included in the public hearing on the moratorium ordinance. The Monroe County Land Authority will target for volufltary purchase from voluntary sellers appropriate environmentally sensitive lands that are contained within upland native habitat of 2 acres or more outside the CNA The County will set aside $2 million of reserve ROGO funds for this purpose. RESOLUTION NO. 039-2004 01/21/2004 2004/22 Said Resolution is incorporated herein by reference. Roll call vote was unanimous. Motion was made by Commissioner Rice and seconded by Commissioner Spehar to table the approval ofa Resolution committing up to $1.3 million in Infrastructure Sales Tax money, Fund 304, to the Florida Keys Aqueduct Authority (FKAA) to offset the cost of construction and connection for the Conch Key and Baypoint wastewater projects. Roll call vote was unanimous. The County Administrator addressed the Board concerning approval of a Scope of Services presented by URS Corporation for the provision of an optimization study with recommendations to include an analysis of additional areas to sewer south Stock Island. Kim Wigington and Carolee McReynolds addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar authorizing the County Administrator to negotiate a contract. Motion carried unanimously. Commissioner McCoy was directed to work with representatives of KW Resort Utilities to install a phone line specifically for service calls to assist residents of Stock Island who are currently connected to and those who wish to be connected to their wastewater treatment facility. COUNTY ADMINISTRATOR The County Administrator discussed the status of negotiations with the City of Key West concerning the Key West Botanical Gardens property on Stock Island. W ASTEW A TER ISSUES Commissioner Spehar discussed her item for approval to advertise a Public Hearing in reference to HB 1125, enacted by the Legislature of the State of Florida - an act relating to Monroe County; amending chapter 99-395, Laws of Florida; establishing effluent water quality limitations for reuse systems; provides interim construction standards for new, expanded, or existing onsite sewage and disposal systems scheduled to be served by a central sewage facility before July 1, 2010; providing for an effective date. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval of the item. Roll call vote was unammous. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department amending the Year 2010 Comprehensive Plan based on recommendations adopted as a part of the Livable Communikeys Master Plan for Big Pine Key and No Name Key. Planning and Environmental Resources Director, Marlene Conaway addressed the Board. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to adopt the following Resolution, as amended, per the Memorandum dated January 9, 01/21/2004 2004/23 2004, from K. Marlene Conaway, Director of Planning and Environmental Resources - Re: Proposed revisions to the Year 2010 Comprehensive Plan per recommendations of the Big Pine Key and No Name Key Liveable ComuniKeys Master Plan, as follows: At the January 14th meeting, the Planning Commission recommended the following amendment to the proposed Policy 101.5.12, Part of Amendment #7 in the staff report (underlined language is new): Page 4 of 12, Policy 101.5.12 Non-Residential development on Big Pine Key and No Name Key New will be allocated pursuant to the following additional criteria: 1. Development must be infill in existing commercial areas in Tier 2 and Tier 3 lands, mainly along the U.S. 1 corridor on Big Pine Key. 2. All new non-residential development will be limited to disturbed or scarified lands. 3. New allocation awards shall be allowed to exceed 2,500 square feet per site if located within the designated Community Center Overlay as designated by Action 4.1.5. 4. New allocations shall be awarded moderate positive points to applicants who fulfill the additional criterion set forth in Strategy 4.2 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. All new non-residential development within the planning area shall be exempt from criterion 5, 6, 7, and 17 of Policy 101.5.5. Development that is exempt from NROGO will not be subiect to criteria 1 through 4 above. Motion carried unanimously. RESOLUTION NO. 044-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution transmitting to the Department of Community Affairs the request filed by the Planning and Environmental Resources Department to amend Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan to provide the Land Authority greater latitude in the acquisition of land from willing sellers. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution Motion carried unanimously. RESOLUTION NO. 045-2004 Said Resolution is incorporated herein by reference. SOUNDING BOARD Joel Oueliet, President of the Society for Preservation of Mariner's Rights addressed the Board concerning live-aboard boating rights and safety of those that have been disenfranchised by 01/21/2004 2004/24 the City of Key West but moored in County waters. H. T. Pontin addressed the Board. No official action was taken. Commissioner Rice excused himself from the meeting. DIVISION OF GROWTH MANAGEMENT Carolee McReynolds, and the Planning Director addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an Agreement for Professional Services between Monroe County and Wallace Roberts and Todd LLC to prepare a Harbor Preservation/Redevelopment Area and a Corridor Enhancement Plan for Stock Island in the Florida Keys. Motion carried unanimously, with Commissioner Rice not present. Commissioner Rice returned to the meeting. COUNTY ATTORNEY County Attorney, Richard Collins addressed the Board and introduced Pedro Mercado, who has been hired as a new Assistant County Attorney. Assistant County Attorney Bob Shillinger made a presentation before the Board concerning a status report on the Chris Johnson code enforcement lien foreclosure case and request for direction. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to bid take title to the property and foreclosure. Motion carried unanimously. Mr. Shillinger made a presentation before the Board concerning a settlement offer on the "Stairway to Heaven" code enforcement lien foreclosure case. The following individuals addressed the Board: John Clark and Jane Tiedeman. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar authorizing the County Attorney to take what steps the County Attorney's Office deems appropriate to effect the change in title to the property to either the County or the homeowner as appropriate to the circumstances. Motion carried unanimously. Mr. Shillinger discussed the litigation in re: Florida Petroleum Reprocessors Site in Davie, FL, CER 04-2004-3751. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to accept the attorney's recommendation to settle the matter. Motion carried unanimously. Mr. Shillinger discussed an appellate cost concerning the Post Buckley Schuh & Jernigan litigation. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar authorizing payment in the amount of$18,381 payable to PBS&J. Motion carried unanimously. There being no further business to come before the Board, the meeting of the Board of County Commissioners was adjourned. 01/21/2004 2004/25 Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida ~=LGO (\ ~~~ Isabel C. DeSantis, Deputy Clerk