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02/18/2004 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 18, 2004 Key Largo, Florida 2004/26 A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Key Largo Library in Key Largo. 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; James Roberts, County Administrator; 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 Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Mayor's Proclamation proclaiming the month of February, 2004 as Library Appreciation Month. Presentation of Mayor's Proclamation proclaiming the month of March, 2004 as Seagrass Awareness Month. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval to award Public Works surplus equipment as described in Recap of Bid Opening. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Dion Oil Company for delivery of diesel fuel and unleaded gasoline for one additional year. 02/ 18/2004 2004/27 Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Barnes' Alarm Systems, Inc. for alarm system certification, maintenance, and monitoring. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Miller Mechanical, Inc. to include an additional six locations to the specifications for air conditioning maintenance and repair for the Middle Keys facilities. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and to reside in the for an amount of rent and utilities totaling $425.00 monthly. Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of an Engineering/Construction Management Contract Amendment No. 1 between Monroe County and William P. Horn Architect, PA for the Big Pine Key Fire Station. Board granted approval to rename Buttonwood Drive to Buttonwood Shores Drive in Buttonwood Shores and Buttonwood Shores Addn., Key Largo. Board granted approval to rename Ocean Drive to North Ocean Drive in Gulfstream Shores, Key Largo. Board granted approval to amend the County's Seven Year Roadway/Bicycle Path Plan by adding two local roads: Buttonwood Shores Drive, Buttonwood Shores Addition, Key Largo, and Poinsettia Drive, Buttonwood Shores, Key Largo. Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and General Asphalt Co., Inc. to purchase asphalt at a fixed rate of $36.00 per ton for a period of one (1) year, not to exceed $90,000.00. Board granted approval and authorized execution of a Traffic Signal Maintenance and Compensation Agreement between Monroe County and the Florida Department of Transportation for Fiscal Year 2003/2004. Board granted approval and authorized execution of Modification #4 to Unmet Needs Grant Agreement No. 01UN-6P-11-54-15-007 between Monroe County and Department of Community Affairs to modify the Budget and Scope of Work. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Dean & Sons Funeral Home Cemetery and Cremation Services, 02/ 18/2004 2004/28 Inc., changing its name to Seven Seas Funeral Home Cemetery and Cremation Services, Inc. (referring to the Agreement for Disposal of Remains). Board granted approval to award Social Services surplus equipment item number 19, County ID No. 1807-067, 1993 Ford Minibus to Ron Hornbuckle, for $1,833.13. Board granted approval and authorized execution of Amendment 0001 to Contract KG047, Community Care for Disabled Adults (CCDA) between the State of Florida, Department of Children and Families and the Monroe County Board of County Commissioners (Monroe County Social Services/In-Home Services Program) for Fiscal Year July 1, 2003 through June 30, 2004. Board granted approval to advertise surplus equipment for bids, approval to remove surplus equipment from inventory and salvage and dispose of it. Said list is incorporated herein by reference. Board granted approval to remove surplus equipment from inventory and trade. Said list is incorporated herein by reference. Board granted approval to rescind award of bid to Keys Landscaping for landscape maintenance at the Key West International Airport, and award bid to Gardens of Eden (the second lowest bidder). Approval to allow Gardens of Eden to provide services on a month to month basis, pending a new Agreement. Board granted approval and authorized execution of a Cooperative Research Agreement Grant No. 2004-G006 from the Transportation Security Administration to provide enhanced perimeter security at the Key West International Airport. Board granted approval and authorized execution of a Lease Addendum Agreement between Monroe County and Budget Rent A Car Systems, Inc. at the Key West International Airport. Board granted approval to award bid to H.I.P.P. Industries, Inc., for the Noise Insulation Program, Phase II Construction, in the amount of $1,337,244.00. Board granted approval and authorized execution of an Amendment to Rental Car Concession Agreement between Monroe County and DTG Operations, Inc., f/k/a Dollar Rent A Car Systems, Inc., and approval to rescind Amendment to Rental Car Concession Agreement (approved January 21, 2004) due to a scriveners error. Board granted approval for the Monroe County Sheritl's Office to occupy additional space of approximately two hundred feet by fifty feet at Florida Keys Marathon Airport on the east side of the Rick Roth Hangar for a Mobile Firearms Shooting Range and for other aviation associated and/or related equipment on a month -to -month basis until a formal Lease Agreement can be prepared. 02/18/2004 2004/29 Board granted approval to accept bid for sale of surplus property from Edward Russell, for one (1) Skaggs 36" Turf Rider Mower, County ID No. 2400-119, in the amount of $301.00. Board granted approval for the Greater Marathon Chamber of Commerce to use the Florida Keys Marathon Airport for the Marathon Seafood Festival, from March 25-29, 2004, contingent upon meeting all County requirements. Board granted approval for Sum Air Services, Inc. d/b/a Paradise Air to commence operating out of the Florida Keys Marathon Airport on a month -to -month basis effective March 1, 2004, and approval to waive all associated and/or related airport fees for a period of six (6) months, contingent upon meeting all county requirements. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Sum Air Services, Inc. d/b/a Paradise Air, Collins Aviation to occupy space in the Florida Keys Marathon Airport Terminal, on a month -to -month basis, at a negotiated rate of $382.92 per month, contingent upon meeting all County requirements. Board granted approval of the acceptance of Grant Adjustment Notice No. 2 extending the term of the Contract between Monroe County and the Florida Department of Law Enforcement for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant. Board granted approval and authorized execution of a Contract Amendment between Monroe County and the Care Center for Mental Health, Inc., extending the term of Contract using funds provided under the Residential Substance Abuse Treatment Grant from the Florida Department of Law Enforcement. Board granted approval and authorized execution of a Local Law Enforcement Block Grant Funds Agreement between Monroe County and Monroe District Schools regarding the use of funds to provide for technical lab security at high schools in Monroe County Board granted approval to spend Law Enforcement Impact Fees in the amount of $113,000.00 to add new sally ports/entrances, holding cells for the court system and a control room at the Key West Jail. C37 Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and Amending. Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 046-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 047-2004 Said Resolution is incorporated herein by reference. 02/18/2004 2004/30 Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 048-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 049-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 050-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 051-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 052-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 053-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 490-2003 (OMB Schedule Item No. 9). RESOLUTION NO. 054-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 491-2003 (OMB Schedule Item No. 10). RESOLUTION NO. 055-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 492-2003 (OMB Schedule Item No. 11). RESOLUTION NO. 056-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 493-2003 (OMB Schedule Item No. 12). RESOLUTION NO. 057-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 058-2004 Said Resolution is incorporated herein by reference. 02/18/2004 2004/31 Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 059-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 060-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 061-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 062-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 063-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 064-2004 Said Resolution is incorporated herein by reference. Rescind Resolution No. 010-2004 (OMB Schedule Item No. 20). RESOLUTION NO. 065-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 027-2004 (OMB Schedule Item No. 21). RESOLUTION NO. 066-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 067-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 068-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 069-2004 Said Resolution is incorporated herein by reference. 02/ 18/2004 2004/32 Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO.070-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 071-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 546-2003 (OMB Schedule Item No. 27). RESOLUTION NO. 072-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 020-2004 (OMB Schedule Item No. 28). RESOLUTION NO. 073-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 074-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO. 075-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 457-2003 (OMB Schedule Item No. 31). RESOLUTION NO. 076-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 022-2004 (OMB Schedule Item No. 32). RESOLUTION NO. 077-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 33). RESOLUTION NO. 078-2004 Said Resolution is incorporated herein by reference. Board granted approval to request Bids for Consulting Services for Risk Management and Employee Benefits. Board granted approval of Worker's Compensation settlement claim no. 022-102-0002093 5/29/03 in the amount of $12,500.00 inclusive of attorney's fees and costs. Board granted approval to solicit bids for Airport Liability Insurance, current insurance policy expires July 1, 2004. 02/ 18/2004 2004/33 Board granted approval to renew Pollution Liability Insurance Policy with Indian Harbor Insurance Company through Marsh USA (broker). Board granted approval and authorized execution of an Amendment to Administrative Services Agreement between Monroe County and Acordia National for monthly claim administrative fees for dental and vision coverage. This amendment is required effective January 1, 2004 as our dental and vision coverage is no longer provided by Acordia National therefore eliminating the need for administrative fees, except for the handling of runout claims. Board granted approval and authorized execution of a Employer -Provider Network and Utilization Review and Case Management Services Agreement between Monroe County and Keys Physician -Hospital Alliance effective March 1, 2004 through February 28, 2005. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Dean & Sons Funeral Home Cemetery and Cremation Services, Inc., regarding Medical Examiner's facility, to provide that the sub -lessor's name be changed to Seven Seas Funeral Home, Cemetery and Cremation Services, Inc. Board granted approval and authorized execution of a Class A Emergency Medical Services Certificate or Public Convenience and Necessity to the City of Marathon - Fire Rescue for the operation of ALS transport ambulance service for the period April 1, 2004 through March 31, 2006. Board granted approval and authorized execution of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity to Atlantic/Key West Ambulance, Inc. d/b/a American Medical Response for the operation of an ALS transport ambulance service for the period March 24, 2004 through March 23, 2006. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Professional Emergency Services, Inc. to extend the existing Agreement for six months, March 1, 2004 through August 31, 2004, to allow parties sufficient time to determine the details of future operations. Board granted approval and authorized execution of a Renewal Agreement between Monroe County, acting as the governing board for Municipal Services Taxing District #6, and Fire Tech Repair Service, Inc. for maintenance of fire apparatus, including preventative maintenance, unscheduled maintenance and annual pump testing. Board granted approval to rename Marlin Avenue to South Marlin Avenue in Largo Sound Park, and Marlin Avenue to North Marlin Avenue in Riviera Village, Key Largo. Board approved the following Resolutions amending initial roll-over Resolutions for 2003 Older Americans Act Funds approved at the November 19, 2003 Board meeting in the amount of $58,013.25; transferring available funds from the 2003 Older Americans (OAA Grant) to be used to cover outstanding expenses; and requesting additional County Match equaling $17,300, 02/ 18/2004 2004/34 $11,000 needed to cover outstanding invoices in the C-2 Nutrition Program, the remainder of $6,300 is for OAA Programs provided by In -Home Service: Resolution amending Resolution No. 405-2003. RESOLUTION NO. 079-2004 Said Resolution is incorporated herein by reference. Resolution amending Resolution No. 406-2003. RESOLUTION NO. 080-2004 Said Resolution is incorporated herein by reference. Resolution amending Resolution No. 407-2003. RESOLUTION NO. 081-2004 Said Resolution is incorporated herein by reference. Resolution amending Resolution No. 408-2003. RESOLUTION NO. 082-2004 Said Resolution is incorporated herein by reference. Resolution concerning the Transfer of Funds. RESOLUTION NO. 083-2004 Said Resolution is incorporated herein by reference. Resolution concerning the Transfer of Funds. RESOLUTION NO. 084-2004 Said Resolution is incorporated herein by reference. Resolution concerning the Transfer of Funds. RESOLUTION NO. 085-2004 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval of the appointment of Claire Lang to the Monroe Council of the Arts Cultural Umbrella Representative for District IV, replacing David Cohn. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Islamorada Chamber of Commerce covering the Columbus 1 OK Getaway on October 9, 2004 in an amount not to exceed $5,000, DAC IV, FY 2004 Event Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Keys Classic Anglers Tournament, Inc. and Findlay Sinclair for the Key West Classic on April 28-May 1, 2004. 02/ 18/2004 2004/3 5 Board adopted the following Resolution to provide additional advance registration and booth -related expenses for trade shows for Fiscal Year 2005 to be paid from Tourist Development Council Funds in Fiscal Year 2004. RESOLUTION NO. 086-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Interlocal Agreement for Grant In Aid Funds between Monroe County and the City of Marathon to acquire land for an Aquatic Center in an amount not to exceed $120,000, DAC III, FY 2004, Capital Project Resources. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Barley's Bay Festival, Inc. covering the Barley's Bay Music Festival on May 7-8, 2004 in an amount not to exceed $3,581, FY 2004, Third Penny, DAC V allocation. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the City of Key West for the Southernmost Point Improvement Project. Board granted approval and authorized execution of a Grant In Aid Award Agreement between Monroe County and Marine Mammal Conservancy, Inc. for the Rehabilitation Center project in an amount not to exceed $91,000, DAC V, FY 2004 Capital Project Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Smith Travel Research, Inc. to revise scope of services. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Key West Botanical Garden Society for the ADA compliant walkway project. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Florida Keys Community College for the remodel and improvement project at the Tennessee Williams Theatre. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Islamorada Chamber of Commerce covering the Florida Keys Island Festival on May 1-2, 2004 in an amount not to exceed $25,000, DAC IV, FY 2004 Event Resources. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and World Sports and Marketing covering Fishstock, The Total Salt Water Experience on June 18-20, 2004 in an amount not to exceed $45,000, DAC IV, FY 2004 Event Resources. 02/18/2004 2004/36 Board granted approval to advertise a Notice of Calling for Bids for Destination/Turn Key Event Funding January 1, 2005 through December 31, 2005 - (FY 2005). Board granted approval to advertise a Notice of Calling for Bids for TDC Long Distance Telephone Services. MANAGEMENT SERVICES Board granted approval to change the date and location of the Special Board of County Commissioner's meeting from March 4, 2004 to March 18, 2004, at 9:00 a.m. at the Marathon Government Center. DIVISION OF GROWTH MANAGEMENT Board granted approval of a Monroe County Planning Department Affordable Housing Deed Restriction for one dwelling unit from Miles Wright and Rita Stanyer, Permit No. 03-1-0924, for property described as Lot 11, Block 2, Coral Shores Estates, Little Torch Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Louis Stremanos to Monroe County by Warranty Deed, Permit No. 02-3-2195, for property described as Lot 16, Block 38, Sands Subdivision, Big Pine Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2004, has filed the document in accordance with Ordinance No. 47-1999. Board granted approval to issue a purchase order to Xerox Corporation for the lease of a Xerox Copier Model Work Center Pro 90 Copier/Printer, under State of Florida Contract #071736300 for a period of five years. Board granted approval and authorized execution of DEP Contract No. PL029 between Monroe County and the State of Florida Department of Environmental Protection to eradicate invasive exotic plants from County conservation lands. Board adopted the following Resolution rescinding Resolution No. 3 81-2003 because of a noticing error and approving the request of John Moyant to exchange privately owned land of conservation value for lands dedicated to the county for conservation purposes under the County's Rate of Growth Ordinance as per Resolution No. 179-2003. RESOLUTION NO. 087-2004 Said Resolution is incorporated herein by reference. Board granted approval of a Monroe County Planning Department Affordable Housing Deed Restriction for one dwelling unit from Marx Investment Group, Permit No. 03-1-2759, for property described as Lot 22, Block 5, Indian Mounds Estates, Sugarloaf Key. The applicants are 02/18/2004 2004/37 receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from George Mohr and Barbara Pyle to Monroe County by Warranty Deed, Permit No. 03-1-2420, for properties described as Lot 3, Block 27, Eden Pines Colony 3rd, Big Pine Key; and Lot 21, Block 1, Eden Pines Colony, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from No F. and Doris D. Colucci to Monroe County by Warranty Deed, Permit No. 01-1-0254, for property described as Lot 12, Block 25, Sands Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 47-1999. Board granted approval for one Monroe County Planning Department Affordable/Employee Housing Deed Restriction for four dwelling units from Hawk's Cay Investors LTD, Permit Nos. 03-2-0031, 03-2-0032, 03-2-0033, and 03-2-0034, for property described as Lot 6, Block 6, Lots 2, 3, 4 & 5 Block 7, Indies Island Sec. 1 Part 1 Tom Harbor, Duck Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2003, have filed the document in accordance with Ordinance No. 47-1999. COURT ADMINISTRATOR Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Roger Young d/b/a OPMI, Inc. for approximately 1918 square feet of office space for Family Court Programs' staff, Drug Court Program staff, and the Guardian ad Litem staff. MONROE COUNTY HOUSING AUTHORITY Board ratified attaching legal description, Exhibit "A", to the Subordination Agreement (Meridian West, LTD) previously approved by the Board at the November 2003 meeting. Board adopted the following Resolution approving Amendment 1 to the awarded Community Development Block Grant, Contract Agreement. RESOLUTION NO. 088-2004 Said Resolution is incorporated herein by reference. MONROE COUNTY TAX COLLECTOR Board granted approval to award Tax Collector's surplus equipment Item No. 1, County ID No. 0500-564, 1984 Chev. Mobile Van, in the amount of $1,213.13 to Ron Hornbuckle as listed in bid recap. Said list is incorporated herein by reference. 02/18/2004 �"� 2004/38 COMMISSIONERS' ITEMS Board granted approval of Mayor Nelson's appointment of Paula Wolgast Shea to the Florida Keys Council for People with Disabilities, replacing Marlen Weeks whose term has expired. The appointment is for three years, ending February, 2007. I Board adopted the following Resolution in recognition of the late Jose Tomas Sanchez, Jr. RESOLUTION NO. 089-2004 Said Resolution is incorporated herein by reference. Board adopted the following Resolution amending Resolution No. 224-2003 concerning the reconstruction of the Old Seven Mile Bridge to the original design and requesting the Florida Department of Transportation expedite the work, to include an additional provision that FDOT supply electricity to the island through the support and assistance of Monroe County, the City of Marathon and other local, State, and Federal agencies through the securing of appropriate grants. RESOLUTION NO. 090-2004 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Rice's appointment of Scott Simmons to the Tourist Development Council District 4 seat, fulfilling the term of Peter Henry, term will expire September 30, 2006. Board granted approval of Commissioner McCoy's appointment of Anne McCarthy to the Marine Port Advisory Board, District 3, replacing Captain Lynda Schuh who has requested a replacement to complete her 3-year term that will expire April 1, 2006. Board adopted the following Resolution declaring its intent to enroll in the Monroe County -Wide Health Insurance Plan if the final program provides tax dollar savings and health coverage levels needed by County employees. RESOLUTION NO. 091-2004 Said Resolution is incorporated herein by reference. Board granted approval to declare the following item vehicle surplus property: Transportation Bus, VIN #: 1FDKE30M6NHB57373, currently in inventory under Social Services Transportation; authorize transfer of the vehicle to the Big Pine Neighborhood Charter School, Inc.; and authorization for Mayor to execute a Bill of Sale and such other documents as are necessary to effect the transfer of title. Board granted approval to publish two legal notices of the County's intent to transfer to -� the City of Layton for purposes of establishing a wastewater treatment facility. 02/18/2004 � �� 2004/39 COUNTY CLERK Board granted approval of the following Warrants (2437-2459 & 94775-95631 & 206427-206580): General Fund (001), in the amount of $1,939,932.10; Fine & Forfeiture Fund (101), in the amount of $66,186.26; Road and Bridge Fund (102), in the amount of $31,317.20; Law Library Fund (103), in the amount of $4,869.23; TDC District Two Penny (115), in the amount of $128,254.63; TDC Admin. & Promo 2 Cent (116), in the amount of $251,315.39; TDC District 1, 3 Cent (117), in the amount of $143,756.32; TDC District 2, 3 Cent (118), in the amount of $9,836.15; TDC District 3, 3 Cent (119), in the amount of $17,473.61; TDC District 4, 3 Cent (120), in the amount of $686.33; TDC District 5, 3 Cent (121), in the amount of $35,370.48; Gov. Fund Type Grants (125), in the amount of $192,266.78; Impact Fees Libraries (132), in the amount of $15,229.55; Fire & Amb Dist 1 L&M Keys (141), in the amount of $164,696.36; Upper Keys Health Care (144), in the amount of $294.54; Fire & Amb Dist 6 Key Largo (146), in the amount of $39,281.13; Uninc Svc Dist Parks & Rec (147), in the amount of $34,757.67; Plan, Build, Zoning (148), in the amount of $45,117.56; Municipal Policing (149), in the amount of $20,880.24; 911 Enhancement Fee (150), in the amount of $14,742.97; Duck Key Security (152), in the amount of $165.41; Local Housing Assistance (153), in the amount $83,387.17; Boating Improvement Fund (157), in the amount of $11,980.00; Misc. Special Revenue Fund (158), in the amount of $4,987.11; Law Enforcement Trust (162), in the amount of $9,000.00; Marathon Municipal Service (166), in the amount of $1,748.70; Conch Key Wastewater MSTU (167), in the amount of $26.95; Bay Point Wastewater MSTU (168), in the amount of $59.52; Key Largo Wastewater MSTU (170), in the amount of $1,438.15; 1 Cent Infra Surtax (304), in the amount of $63,508.20; Clerk's Rev Note, Capital (306), in the amount of $14,400.00; 2003 Revenue Bonds (307), in the amount of $3,232.04; Card Sound Bridge (401), in the amount of $2,719.80; Marathon Airport (403), in the amount of $25,301.93; Key West Intl. Airport (404), in the amount of $197,027.12; MSD Solid Waste (414), in the amount of $431,039.14; Worker's Compensation (501), in the amount of $54,261.11; Group Insurance Fund (502), in the amount of $535,515.29; Risk Management Fund (503), in the amount of $53,601.70; Fleet Management Fund (504), in the amount of $68,943.91; Fire & EMS LOSAP Trust Fund (610), in the amount of $4,200.00. Board granted approval of the following Fine & Forfeiture Expenditures: Court Reporter Services, Ace Reporting Inc., in the amount of $400.95; Amy Landry Reporting, in the amount.of $135.00; Associated Court Reporters, in the amount of $1,879.50; Catherine Webster aka Cathy Webster, in the amount of $515.25; Court Reporters of Key West, in the amount of $599.25; Monroe County Court Reporting, in the amount of $684.50; Suzanne Ex dba All Keys Reporting, in the amount of $719.00; Veritext LLC, in the amount of $543.75; Competency Evaluation, A Louis O'Conner,PHd, in the amount of $350.00; Care Center for Mental Health, in the amount of $3,750.00; James W. Holbrook EDD, in the amount of $1,225.00; The Counseling Associates, in the amount of $8,150.00; Court Interpreter, Alex Diaz, in the amount of $505.00; Basia Dziewanoski, in the amount of $25.00; Claudia M. i I I 02/18/2004 ~" 2004/40 Hancock, in the amount of $170.00; Estrella Garcia, in the amount of $50.00; Jacob Zucker, in the amount of $25.00; Jean C. Nelson, in the amount of $400.00; Jose R. Mendez, in the amount of $275.00; Marketa Trnka, in the amount of $75.00; Martha Hernandez, in the amount of $215.00; Mary Lou Waas, in the amount of $50.00; Pilar Nelson, in the amount of $337.50; Rafael Garcia, in the amount of $85.00; Ute Rohe, in the amount of $35.00; Witness Coordination, Witness Payroll, in the amount of $85.00; Witness Travel & Per Diem, in the amount of $22,742.75; Court Appointed Attorney Fees - Conflict, Gregory Davila, in the amount of $1,120.62; Halford G. Schuhmacher, in the amount of $1,729.41; John P. Rotolo, in the amount of $2,336.25; Laurie Hall, in the amount of $2,010.00; Rayme Suarez, in the amount of $2,002.50; Timothy Nicholas Thomes, in the amount of $350.00; Miscellaneous Expenses, Marlene Bynum, in the amount of $55.81; Monroe County Sheriff's Department, in the amount of $307.37; State of Florida, in the amount of $0.97. Board granted approval of the following Tourist Development Council Expenditures for the month of January 2004: Advertising, in the amount of $349,422.10; Bricks & Mortar Projects, in the amount of $141,256.53; Visitor Information Services, in the amount of $45,874.98; Events, in the amount of $15,641.47; Office Supplies & Oper Costs, in the amount of $78,475.28; Personal Services, in the amount of $48,822.66; Public Relations, in the amount of $64,577.59; Sales & Marketing, in the amount of $34,665.87; Telephone & Utilities, in the amount of $10,853.94; Travel, in the amount of $6,161.20. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of December 17, 2003 (previously distributed). COUNTY ADMINISTRATOR Board granted approval to re -appoint Mr. Tom Neville to the Duck Key Security Advisory Board, with a term expiring February 1, 2006. Board granted approval to re -appoint Mr. David Lyon to the Duck Key Security Advisory Board, with a term expiring February 1, 2006. Board granted approval and authorized execution of a Contract for Web Posting Services between Monroe County and Advanced Data Solutions, Inc. for document imaging services for posting Board of County Commissioners' monthly meeting agendas on the County's website. Board granted approval of a Public Service Bond for Danise D. Henriquez, Monroe County Tax Collector. This is a condition of qualification for office as outlined by the State of Florida. Board granted approval of the appointment of Jonathan Barth to the Contractors' Examing Board, with term to commence February 18, 2004 and expire February 17, 2007, replacing Gary Johnson. 02/18/2004 2004/41 I Board granted approval of the appointment of Gary Centonze to the Contractors' Examining Board, with term to commence February 18, 2004 and expire February 17, �2007, replacing Keith Burgin. Board granted approval of initiation of collection proceedings against William L. Davis for $29,500.00 - Case No. U3-02-1254, and to release lien against property owned by Karina Miranda. Board granted approval and authorized execution of a code enforcement lien settlement agreement between Monroe County and Eduard Stefani, Case No. M1-01-475, and authorized staff to execute release of lien once terms of settlement agreement have been met. Board granted approval of the ratification of Exhibits A & B which were not attached to the Agreement between the Sheriff of Monroe County, the Board of County Commissioners and the City of Marathon to provide police service to the City of Marathon. Board adopted the following Resolution providing for payment out of the General Fund to the Airport Enterprise Fund the amount of $19,023.30 per year beginning in January 2006 for office space at the Marathon Florida Keys Airport for the District Four County Commissioner. RESOLUTION NO. 092-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Settlement Agreement Addendum in the matter of Department of Community Affairs v. Monroe County School Board, Kitty Wasserman, BHF Corp, and Monroe County, Case No. APP-92-061 DOAH Case No. 93-1316 replacing language in Sections 4 and 5 of the prior agreements concerning the Big Pine Neighborhood Charter School. Board granted approval of a Joint Stipulation of Settlement and Request for Dismissal of Case in Karl Loose, Advocates for Disabled Americans v. Monroe County, Case No. 03-10019-CIV-Highsmith. Board granted approval and authorized execution of a Consent to Assignment of Lease for Canalis Holding Corp. to assign the rights, title and interest in the Lease Agreement effective from December 1, 1997 through November 30, 2017 to Earthmark Companies, LLC, for use as parking premises for the Mandalay Marina and Restaurant at MM 97.5. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Commissioner Rice abstained from voting on the following item: 02/18/2004 i 2004/42 i Motion was made by Commissioner Neugent and seconded by Commissioner S,pehar granting approval and authorizing execution of a Renewal Agreement between Monroe County and the Guidance Clinic of the Middle Keys, Inc. for wastewater treatment processing from the Marathon Detention Facility. Motion carried unanimously, with Commissioner Rice Abstaining. Public Safety Director, Reggie Paros addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval to award the Solid Waste Management surplus equipment to highest bidders, excluding Item 21 (County ID No. 0970-187) and Item 22 (County ID No. 0977-018), as described in Recap of Bid Opening. Said list is incorporated herein by reference. Motion carried unanimously. Commissioner Rice abstained from voting on the following item: Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to subcontract for Baker Act and Marchman Act transportation services between Guidance Clinic of the Middle Keys, Inc. and Jessrica, Inc. as an attachment to the Contract between Monroe County and Guidance Clinic of the Middle Keys, Inc. Motion carried unanimously, with Commissioner Rice abstaining. PUBLIC SAFETY Mr. Paros discussed with the Board consideration of alternatives and directions to staff regarding the removal and disposal of septage and biosolids generated in Monroe County. Ann Haack, representing Mike Haack Excavating, Inc. addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the following recommendation: Prepare and send a letter to the Department of Environmental Protection, Synagro d/b/a A & J Cartage Southeast, Inc., and Sweetwater Environmental, Inc. objecting to Sweetwater's operation of bypassing the Monroe County Transfer Stations and hauling residuals directly to the wastewater treatment plants in Miami -Dade County for disposal, and requiring that such operations be discontinued immediately, because it is inconsistent with Monroe County's agreement with A & J Cartage, Inc. for removal and disposal of septage and biosolids generated in Monroe County. 2. Prepare and advertise for Public Hearing an amendment to the applicable section(s) of the Monroe County Code that will require that all sludge generated and collected within the territorial limits of the Solid Waste Municipal Service District shall be hauled to the County's transfer stations by specialty haulers who provide for the collection of special solid waste and who are licensed under the provisions of section 8-82, Monroe County Code. i 02/18/2004 �F \- 2004/43 3. Contact Synagro and ask if they are interested in rescinding the notice to terminate the Agreement with Monroe County as of March 31, 2004, and to continue to provide the scope of services in accordance with the current Agreement's terms and conditions, predicated upon the above actions becoming effective and the volume of sludge being delivered to the transfer station sites being restored to at least 4,500,000 gallons a year. If Synagro is not interested in the aforementioned, accept Synagro's January 6, 2004 proposal for a put or base price monthly income of $49,366.66 to continue the operations of the Cudjoe Key and Long Key stations only on an interim month -to -month basis while awaiting the results of a new Request for Proposals (RFP) for those services. 4. Immediately, prepare and advertise an RFP for the removal and disposal of septage and biosolids (sludge) generated in Monroe County. Motion carried unanimously. STAFF REPORTS Growth Management Director Tim McGarry updated the Board concerning a meeting to be held in Tallahassee on March 3, 2004, with Cabinet Aides, the Cabinet, Governor, and representatives from the Florida Department of Community Affaris to discuss actions needed to be taken by the State of Florida and Monroe County to meet the needs of wastewater, environmentally sensitive lands and workforce housing to be in alignment with the Monroe County Comprehensive Plan and Work Program. 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. Absent was Chairperson Kevin Madok. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to appoint Commissioner Rice as Chair Pro Tem for the Board of Governors District I. Roll call vote was unanimous. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval and authorizing execution of a Renewal Agreement between the Board of Governors of Fire and Ambulance District I and Fire Tech Repair Service, Inc. for maintenance of fire apparatus, including preventative maintenance, unscheduled maintenance and annual pump testing, effective from February 29, 2004 through February 28, 2005. Roll call vote was unammous. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval to waive purchasing policy dispensing with the bidding provision and enter into 02/ 18/2004 2004/44 an Agreement for Refurbishing Tavernier Fire Department's 1988 Emergency One 95' Platform Truck between the Board of Governors of Fire and Ambulance District 1 and Emergency One Incorporated, in the amount of $150,696.00 (which includes a contingency amount of $5,000.00), refurbishing of the truck will extend the life for an additional 7 to 10 years. This action is requested due to the criticality from a safety perspective of having repairs performed by the manufacturer of this specialized apparatus. Roll call vote was unanimous. County Administrator James Roberts discussed a letter he received from the Mayor of the City of Layton regarding membership to the Board of Governors. The item was referred to the County Attorney for discussion at the Board's next meeting. There being no further business, the meeting of the Board of Governors was adjourned. The Board of County Commissioners reconvened with all Commissioners present. COUNTY ADMINISTRATOR Mark Rosch, Director of the Land Authority; Richard Collins, County Attorney; and Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval and authorizing execution of an Agreement of Purchase and Sale between Monroe County and Beal Bank, S.S.B. to purchase the D & J Industries property on Big Pine Key. Roll call vote was unanimous. Bill Lowey, representing the Habitat for Humanity addressed the Board. WASTEWATER ISSUES Commissioner McCoy, as wastewater liaison, reported on the status of wastewater issues/ projects. James Reynolds, Executive Director of Florida Keys Aqueduct Authority addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the following 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. RESOLUTION NO. 093-2004 Said Resolution is incorporated herein by reference. Carolee McReynolds addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval and authorizing execution of an Agreement for Independent Engineering Services between Monroe County and 02/ 18/2004 2004/45 URS Corporation Southern for engineering evaluation work for south Stock Island. County Administrator James Roberts addressed the Board. Roll call vote was unanimous. Mr. Roberts then addressed the Board concerning a Resolution establishing the Assessment Interest Amount necessary for implementation of the provisions of Ordinance No. 027-2003 relating to, among other things, the provision of wastewater services procedures for collection of wastewater assessments. Mr. Roberts also discussed a proposal from Government Services Group, Inc. to provide specialized assistance to Monroe County and its staff in the billing and collection of Stock Island Utility Assessments using the tax bill collection method for Fiscal Year 2004-05 based on the County's existing assessment methodology and assessment rates. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution with an interest rate of -nine four per cent. Roll call vote was unanimous. RESOLUTION NO. 094-2004 Said Resolution is incorporated herein by reference. Mr. Roberts and County Attorney Richard Collins addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution to assign right to purchase Hawk's Cay Wastewater Treatment Facility to the Florida Keys Aqueduct Authority. Motion carried unanimously. RESOLUTION NO. 095-2004 Said Resolution is incorporated herein by reference. SOUNDING BOARD Kim Brandell, representing Brandell Studios, Inc., and Spencer Slate made a presentation before the Board of a vision for an underwater City of Atlantis in Key Largo. No official action was taken by the Board. Lucille Sacco Gage discussed with the Board another way of moving traffic from Miami to Key West without causing any problem or delays on our existing highway. No official action was taken by the Board. COMMISSIONERS' ITEMS Commissioner Neugent made a presentation of a preliminary report to the Board on Affordable Housing. Jill Pattison addressed the Board. PUBLIC HEARINGS The first of three Public Hearings was held concerning a proposed Ordinance creating a new Subsection in Chapter 5.5, Article V, Sec. 108 (d), entitled "Oversized Vessel Regulations", providing for severability, providing for repeal of inconsistent Ordinances, providing for 02/18/2004 2004/46 incorporation into the Monroe County Code, providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Chris Fleming, Burke Cannon, Fred Nickerson, representing the Federation of Home Owners Association; and Richard Lancaster, representing Hammer Point Owners Association. Mr. Collins addressed the Board and offered the following corrections to the Ordinance: Page 1, 3rd WHEREAS, , many of the residents and visiting boaters dock and maintain these their vessels in one of the nearly 500 canal systems in Monroe County. Marine Resources Director George Garrett also addressed the Board. No official action was taken. (This item is also scheduled to be heard during the second of three Public Hearings at the March 2004 meeting). A Public Hearing was held concerning adoption of an Ordinance amending Section 164(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. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 002-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of 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. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. 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. ORDINANCE NO. 004-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 6-56, Monroe County Code, Buildings and Construction; Providing for Severability; Providing for the 02/18/2004 ;� 2004/47 �I 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 Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 003-2004 Said Ordinance is incorporated herein by reference. MANAGEMENT SERVICES The following individuals addressed the Board: Robert Keidel, representing Ronco Communication & Electronic, Inc.; Bryan C, May, representing Nextira One, ILLC; and Gerry Corelli, representing Bellsouth. After discussion, motion was made by Commissioner Rice and seconded by Commissioner McCoy to accept Staff recommendation for award of bid to BellSouth and BellSouth Financial Services for Maintenance of Existing Northern Telecom Systems and Dedicated Technician, Upgrades and Additions to existing Northern Telecom SL1 Systems; adoption of the following Resolution concerning the acquisition of communications equipment and related software; execution of related documents necessary or expedient to the consummation of the transactions contemplated by the Supplier Agreement and the Lease, together with any amendment thereto, their execution to be conclusive evidence of Lessee's approval of such amendment(s). Roll call vote was unanimous. RESOLUTION NO. 096-2004 Said Resolution is incorporated herein by reference. Commissioner McCoy excused himself from the meeting. DIVISION OF GROWTH MANAGEMENT Jill Patterson addressed the Board. Growth Management Director Tim McGarry discussed with the Board approval to advertise for a Public Hearing an Ordinance amending Section 6-29, (Fines and Requirements for Work Done Without Benefit of Permit), Monroe County Code; to revise fees for After the Fact Permits and create a requirement for payment of mitigation fees to the County's Environmental Restoration Fund for illegal filling of environmentally sensitive lands; Providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for severability; and providing for an effective date. County Attorney Richard Collins addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to approve the item. Roll call vote was unanimous, with Commissioner McCoy not present. Commissioner McCoy returned to the meeting. i i 02/18/2004 \ - ;� 2004/48 d COMMISSIONERS' ITEMS Commissioner Neugent discussed his item with the Board based upon resident request (Island of Key Largo Federation of Homeowner Associations, Inc.) to provide an opportunity to the residents of the Upper Keys to speak before the Board and express ideas and opinions on the proposed 75' high, fixed span bridge, over Jewish Creek. The following individuals addressed theBoard: Jill Patterson, Hall Him, Bruce Cannon, and Glenn Paten, representing Port Largo & the Federation of Homeowner Associations. No official action was taken by the Board. DIVISION OF GROWTH MANAGEMENT The Board was provided with the written Growth Management Litigation Report from Attorney Karen Cabanas, dated February 17, 2004. The Board discussed Staffs report on revising the point system for land dedication under ROGO to award points to unbuildable platted SR, NA, and SS lots. The following individuals addressed the Board: Ruth Hindelang, John Neudorff, and George Wilson. Growth Management Director Tim McGarry, and County Attorney Richard Collins also addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice directing Mr. McGarry to come back to the Board with necessary changes to provide the appropriate amount of value, i.e. points to SR and NA properties. Roll call vote was unanimous. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar to table approval of a Resolution opposing ocean dumping by the State of Florida as a solution to the Piney Point Phosphate Plant issue. Roll call vote was unanimous. COMMISSIONERS' ITEMS Mayor Nelson discussed his item with the Board to provide $62,000 for the current Fiscal Year from Fund 147, Parks & Beaches to the Jacobs Aquatic Center to offset utility costs. This would allow revenues from pool operations to be used for lifeguards, staff, insurance, and maintenance. County Administrator James Roberts addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy authorizing the County Administrator at his discretion to locate funding to approve the request of Jacobs Aquatic Center in the amount of up to $5,000 per month to offset utility costs and direction to Staff to prepare an appropriate contract for Board consideration. Roll call vote was unanimous. Richard Lancaster and Burke Cannon, Vice President of Hammer Point Home Owner's Association addressed the Board concerning approval to advertise for stormwater drainage and repaving of all roads in the subdivision of Hammer Point. County Engineer Dave Koppel also addressed the Board. No official action was taken by the Board. 02/18/2004 2004/49 i i PUBLIC HEARINGS A Public Hearing was held concerning adoption of an Ordinance creating Section 9.5-21 (i), Monroe County Code, that provides authority for the Board of County Commissioners to establish by resolution fees to be charges by the Growth Management Division for land development permit applications, land development approval applications, and appeals; amending Section 9.5-491(a) [Fair Share Transportation Impact Fee], Section 9.5-492(c) [Fair Share Community Park Impact Fee], Section 9.5-493(c) [Fair Share Library Impact Fee], Section 9.5-494(b) [Fair Share Solid Waste Impact Fee], and Section 9.5-495 (b) [Fair Share Police Facilities Impact Fee] to provide authority for the Board of County Commissioners to establish impact fees by resolution; and, deleting Section 9.5-522 to eliminate the fee schedule for map petitions and administrative appeals from the Code. Jill Patterson addressed the Board. No official action was taken. [It was requested that the item be withdrawn due to errors in the text of the advertisement] A Public Hearing was held concerning adoption of an Ordinance amending Sec. 9.5-317(b)(1)b. (Standards for Issuance of Building Permits in areas of Special Flood Hazard) to the Monroe County Land Development Regulations to modify certain regulations outdated as a result of new technology; 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 Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 005-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Sections 9.5-122.3, 9.5-124.8 and 9.5-266, Monroe County Code, to prohibit the awarding of points under ROGO for aggregation within specific areas and to grant authority to the Growth Management Director and County Attorney to approve restrictive covenants and warranty deeds under ROGO/NROGO. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Rice to withdraw the item. Motion carried unanimously. [It was requested that the item be withdrawn, as the Planning Commission continued the item until it's March 24, 2004 meeting] COUNTY CLERK County Clerk, Danny L. Kolhage addressed the Board. Motion was made Commissioner Rice and seconded by Commissioner Neugent granting approval to rescind the revised Service Agreement with the Florida International University described in the grant application "Milemarkers; Linking Keys History", that was approved at the April 16, 2003 meeting, but never received by the Clerk for execution. Motion carried unanimously. County Administrator James Roberts addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to' rescind an i 02/18/2004 �2004/50 Agreement to contribute to the construction of a Culvert with Sunset Venture, developler of Sunset Key and Marina on Stock Island, that was approved at the June 19, 2002 meeting, but never received by the Clerk for execution. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Nelson discussed his item with the Board concerning Representative Sorenson's bill to adopt interim construction standards in areas to be served by a central sewage facility before July 1, 2010. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy to approve the item, with a date change from July 1, 2010 to July 1, 2007. Roll call vote was unanimous. Mayor Nelson discussed his item with the Board concerning approval for Louie LaTorre to attend the nation-wide Annual Legislative Conference in Washington, DC from February 27 through March 3, 2004 for the National Association of Counties (NACO). Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to allow Mr. LaTorre to attend the following three (3) conferences: NACO Legislative Conference February 27- March 2, 2004 Washington, D.C. NACO Annual Conference July 16-20, 2004 Phoenix, AZ NACO Human Services Conference (TBA) November 2004 Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Rice No Commissioner Spehar Yes Commissioner McCoy Yes Mayor Nelson No Motion failed. Motion was then made by Mayor Nelson and seconded by Commissioner Rice to allow Mr. LaTorre to attend the following conference: NACO Legislative Conference February 27- March 2, 2004 Washington, D.C. Roll call vote was taken with the following results: 02/18/2004 Commissioner Neugent Commissioner Rice Commissioner Spehar Commissioner McCoy Mayor Nelson Motion carried. No No Yes Yes Yes COUNTY ADMINISTRATOR 2004/51 I County Administrator James Roberts reminded the Board of the date change of the Special Board of County Commissioner's meeting from March 4, 2004 to March 18, 2004, at 9:00 a.m. at the Marathon Government Center. Mr. Roberts discussed the possibility of combining Monroe County's Technical Services under a managerial relationship with the Sheriff's Office of Information Management personnel. Mr. Roberts also discussed contracting for records storage services. Commissioner Spehar requested the status of the contract for the Stock Island Fire Department. Mr. Roberts updated the Board. Marine Resources Director, George Garrett addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to appointment George Garrett as the Board's representative to participate on the Task Team in conjunction with the Army Corp. of Engineer Comprehensive Everglades Restoration Plan. Motion carried unanimously. COUNTY ATTORNEY County Attorney Richard Collins reported to the Board concerning the litigation of Shark Key Development Corp., and Susan Thommes v. Monroe County and James Roberts, as County Administrator, Case No. 2004-CA-000 15 1 -K. The Board agreed for the County Attorney to enter into a Settlement Agreement. Mr. Collins presented a settlement agreement with the State to resolve allegations that the County ambulance service improperly billed Medicaid for services rendered. The Board agreed for the County Attorney to challenge the Attorney General's Office. 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 'Ll JJ 0 , & aa� Isabel C. eSantis, Deputy Clerk