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05/19/2004 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 19, 2004 Key Largo, Florida 2004/105 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. CLOSED ATTORNEY -CLIENT SESSION An attorney -client closed session was held with the BOCC, County Administrator James Roberts, County Attorney Richard Collins, outside counsel Michael Burke and a certified court reporter to discuss the pending litigation of Mary Quinn v. Monroe County. Mayor Nelson announced that pursuant to Florida Statute the session was closed to the public. The Board of County Commissioners convened with all Commissioners present. ADDITIONS, CORRECTIONS AND DELETIONS Motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award to Norma Kula, Libraries Director, Community Services Division. Presentation of Years of Service Award for 15 years of service to Mary Ann Brandle, Administrative Assistant, Building Department, Plantation Key, Growth Management Division. Mayor's Proclamation declaring the week of May 16 through May 22, 2004 as Law Enforcement Memorial Week. 05/19/2004 2004/ 106 Mayor's Proclamation proclaiming May 22 through May 29, 2004 as Safe Boating Week and Vessel Safety Check Mega Weeks (through July 4th) in Monroe County. Mayor's Proclamation declaring the month of May 2004 as Mental Health Month in Monroe County. BULK APPROVALS Motion was made by Commissioner McCoy and seconded by Mayor Nelson granting approval of the following items: Board granted approval to purchase one Pierce Custom Contender Pumper for Ocean Reef Department of Public Safety, through "piggy -backing" bid 99-150 of Lake County, Florida at a purchase price of $258,660.00, plus a contingency amount of $10,000.00 to cover any changes during construction/manufacturing process, and approval to issue a Purchase Order to Pierce Manufacturing, Inc. for same. Board granted approval to remove surplus equipment from inventory for disposal and/or salvage. Said list is incorporated herein by reference. Board ratified the signing of an Award Letter by the Mayor accepting additional Federal funds in the amount of $29,727.00 as a modification of the Base Grant Agreement No. 04BG-04-11-54-01-044 between Monroe County and the Florida Department of Community Affairs. Board granted approval to award bid and authorized execution of an Agreement for the Transfer, Collection, Storage, Treatment, Transportation, and Disposal of Sludge/Septage Generated in Monroe County with Sweetwater Environmental, Inc. Board granted approval and authorized execution the Solid Waste and Recycling Collection Franchise Agreements between Monroe County and Waste Management of Florida, Inc.; Mid -Keys Waste, Inc.; Keys Sanitary Service; and Ocean Reef Club, Inc. Board granted approval and authorized execution of an Amendment to Administrative Services Agreement between Monroe County and Acordia National for monthly claim administration fees for the Florida Keys Mosquito Control District (FKMCD). This amendment is required effective May 1, 2004 as the FKMCD will no longer be a covered entity under the Monroe County Employee Benefit Plan therefore eliminating the need for administrative fees, except for the handling of run -out claims. Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Funds: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 168-2004 05/19/2004 2004/ 107 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 169-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 170-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 171-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 172-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 173-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 174-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 175-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 176-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 177-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 178-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 179-2004 Said Resolution is incorporated herein by reference. 05/19/2004 2004/ 108 Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 180-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 181-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 182-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 183-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 184-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 185-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 186-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 187-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 188-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 189-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 502-2003 (OMB Schedule Item No. 23). RESOLUTION NO. 190-2004 Said Resolution is incorporated herein by reference. 05/19/2004 2004/ 109 Board granted approval and authorized execution of a Service Agreement Renewal between Monroe County and Preferred Governmental Claims Solutions, Third Party Administrator, for the workers' compensation program for an additional year beginning 10/1/04 through 9/30/05. Board granted approval to advertise a budget amendment for Fund 206/Clerk's Revenue Note, Debt. Board granted approval and authorized execution of Courier Service Agreement Addendum No. 4 and Amendment between Monroe County and Buccaneer Courier for additional courier stops at the request of the Monroe County Health Department. Board granted approval and authorized execution of a Certificate of Acceptance of Subgrant Award No. 04-CJ-2H-11-54-01-250 for the Intoxilizer 8000 - Phase 1 - Circuit 16 Program, using funds provided under the Byrne State and Local Law Enforcement Formula Grant, for the period from April 1, 2004 through September 30, 2004. Board adopted the following Resolution authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the Fiscal Year 2005 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. RESOLUTION NO. 191-2004 Said Resolution is incorporated herein by reference. Board granted approval to demolish and dispose of the old storage building located at the Public Works Yard on Key Heights Road, Plantation Key. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Conch Cruisers, Inc., Salute Restaurant at Higgs Beach, to increase rent in accordance to the Consumer Price Index (CPI) of 1.9% from $5,230.71 per month to $5,330.09 per month. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Tropical Sailboats, Inc. for an additional 1-year term to operate and maintain a concession for beach chairs and umbrella rentals at Higgs Beach at the same rate of two hundred and fifty-five dollars ($255.00) per month, or ten percent (10%), whichever is greater. Board granted approval of a revised policy, for the Use of County Property and the use of Monroe County Government Meeting Rooms, for public facilities, roads, and bridges. Board granted approval of the Receipt of monthly report on Change Orders reviewed by the County Administrator. There were no Change Orders considered and approved by the County Administrator for the period 4/06/04 - 05/04/04. 05/ 19/2004 2004/ 110 Board granted approval and authorized execution of Contract Change Order No. 2 between Monroe County and G.M Selby & Associates, Inc. for additional work requiring elimination of the second power feed by modifying the electrical conduits and panels plus an additional 92 days for completion of the project. Board granted approval and authorized execution of a Standard Form of Agreement between Monroe County and Astron General Contracting Co., Inc. for the Key West Lighthouse Museum Painting & Repair Project. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Fonticiella Construction Corporation for the Medical Examiner's Facility. Board granted approval to award Annual Contracts for Architect/Engineer Services for construction projects costing $1,000,000.00 or less between Monroe County and the following three firms: William P. Horn, Architect, P.A.; MBI/K2M Design, Inc.; and Kendall J. Fleming, AIA. Board granted approval for the Key West International Airport to spend up to $5,000.00 to support the Navy sponsored air show activities on November 4th, 5th, 6th and 7th. Board granted approval, pending a signed and sealed survey and review by the County Attorney, to grant a 10 foot utility easement to the City of Key West through a small section of the Key West International Airport (KWIA) property. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement No. ANJ96 between Monroe County and the Florida Department of Transportation providing funds to install Taxiway Lights and Airfield Signs, at the Marathon Airport. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement No. ANJ91 between Monroe County and the Florida Department of Transportation for funds for Environmental Mitigation, at the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement No. ANJ95 between Monroe County and the Florida Department of Transportation for funds to rehabilitate the Terminal Building Canopy, at the Marathon Airport. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement No. ANK50 between Monroe County and the Florida Department of Transportation for funds for the Part 150 Noise Implementation Program Phase III Construction, for the Key West International Airport. Board granted approval and authorized execution of a Public Transportation Joint Participation Agreement No. ANJ94 between Monroe County and the Florida Department of 05/19/2004 2004/ 111 Transportation for funds for an Environmental Assessment (Runway Safety Area), at the Key West International Airport. Board granted approval of Exhibit A to the amendment of the Rental Car Concession Agreement for DTG Operations at the Key West International Airport that was approved at the February 18, 2004 meeting. Board granted approval and authorized execution of a Lease Amendment between Monroe County and Conch Flyer, Inc. at the Key West International Airport, extending the term of the Agreement. Board granted approval and authorized execution of an Organ Transplant Network Amendment between Monroe County and MultiPlan, Inc. With the use of global contract rates, savings can range between 30-50% across the spectrum of the eight transplant categories. MultiPlan has credentials the facilities in the network and their outcomes meet or exceed national averages. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and Artificial Reefs of the Keys to extend Agreement until March 31, 2005. 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 an Amendment to Agreement between Monroe County and Tinsley Advertising and Marketing, Inc. to exercise option to extend Agreement through to September 30, 2006. Board granted approval to rescind Agreement between Monroe County and Marine Mammal Conservancy, Inc. for the Rehabilitation Center Project, due to them not being able to meet the requirements of the Agreement at this time. Board granted approval to advertise FY 2005 Bricks and Mortar/Capital Project Grant Application. Board adopted the following Resolution transferring funds. RESOLUTION NO. 192-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of the BellSouth Business Class Family Services Customized Pricing Arrangement Order Attachment between Monroe County and BellSouth to provide long distance telephone services to the TDC administrative office. 05/19/2004 2004/ 112 Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Naval Air Station Key West covering the 2004 NAS Key West Air Show - `Blue Angels In Paradise" on November 6-7, 2004 in an amount not to exceed $11,000.00. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys through to September 30, 2006. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Conch Republic Offshore Powerboat Racing Association to produce Key West World Championship Race on November 14-21, 2004 in an amount not to exceed $80,000, FY 2004 DAC I Event Resources. Board granted approval and authorized execution of an Agreement for Gay & Lesbian Visitor Information Services between Monroe County and Key West Business Guild which promote gay and lesbian tourism commencing October 1, 2004 through September 30, 2007. COMMUNITY SERVICES Board granted approval and authorized execution of a Records Storage Agreement between Monroe County and Certified Records Management, LLC for an off -site records storage, with a correction to Page 6 of the Contract - Section 22 - changing the second mentioned word of County to Contractor,4 and adopted the following Resolution concerning the transfer of funds for same. RESOLUTION NO. 193-2004 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT Board granted approval to rescind a Grant of Conservation Easement (GOCE) between Monroe County and Excalibur 2000, Inc. - Mita M. Burke, President concerning Lot 13, Block 6 and part of Tract B, Harbor Course South Section 2, Ocean Reef Plat #17, RE #00573700-001300 approved at the November 19, 2003 meeting. Due to an error in the submitted paperwork the GOCE could not be recorded. Board granted approval and authorized execution of a Contract for Boat Ramp Engineering and Permitting, Amendment 1 between Monroe County and Bermello, Ajamil, and Partners, Inc. Board granted approval and authorized execution of a Contract for Professional Services between Monroe County and HDR Engineering, Inc. to complete the Livable CommuniKeys Master Plan for the Key Largo Community. 05/19/2004 2004/ 113 Board granted approval to bid construction of the Key Haven FDOT boat ramp project. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Keith and Schnars, P.A. to provide governmental services on projects relating to Everglades Restoration to extend the time frame. Board granted approval for one Lot Aggregation Restrictive Covenant from Joseph Michael & Agnes Brunke and Marlin Holding, Inc. a Florida Corporation, Joseph Silvestri, President, to have one dwelling unit on contiguous lots, Permit No. 02-3-2709, for property described as Lots 6 & 7, Block 4, Largo Sound Park, Key Largo. The applicant is receiving one 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 Lot Aggregation Restrictive Covenant from David Jachowski and William C. Niles to have one dwelling unit on contiguous lots, Permit No. 03-1-4537, for property described as Lots 15 & 16, Block 3, Summerland Key Cove Amended, Summerland Key. The applicant is receiving one 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 Lot Aggregation Restrictive Covenant from Jose M. & Conchita Vidal to have one dwelling unit on contiguous lots, Permit No. 03-3-4425, for property described as Lots 8, 9 & 19, Block 23, Key Largo Park Amended Plat, Key Largo. The applicant is receiving one 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 Jack E. & Joyce M. Sweeting to Monroe County by Warranty Deed, Permit No. 03-1-5219, for property described as Lot 22, Block 21, Palm Villa, 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. 17-1999. Board granted approval for the transfer of one buildable lot from Alva C. & Charlene A. Atkins to Monroe County by Warranty Deed, Permit No. 01-1-0814, for property described as Lot 11, Block 27, Eden Pines Colony 3rd Addition, 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 two buildable lots from New Ventures Development, Inc. a Florida Corporation, for Mike Ozegovich, to Monroe County by Warranty Deed, Permit No. 02-3-3066, Lots 1 & 13, Block 18, Buccaneer Beach Estates, Pieces of Eight Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Luis & Belkys Avila, for Rose Krieter, to Monroe County by Warranty Deeds, Permit No. 98-3-2251, for properties 05/19/2004 2004/114 described as Lots 9, Block 40, Sands Subdivision, Big Pine Key; and Lot 10, Block C, Pine Heights Subdivision, Big Pine Key. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of five buildable lots from Alfred D. & Lynn Milano to Monroe County by Warranty Deeds, Permit No. 02-1-0727, for properties described as Lots 29 & 30, Summerland Estates Resubdivision #1, Summerland Key; Lot 8, Block C, Pine Heights Subdivision, Big Pine Key; and Lots 24 & 25, Block 25, Key Largo Park Amended, Key Largo. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Alcides & Luisa Gonzalez to Monroe County by Warranty Deed, Permit No. 00-3-1206, for property described as Lot 18, Block 4, Harris Ocean Park Estates, Key Largo. 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 four buildable lots from Jose M. & Conchita Vidal to Monroe County by Warranty Deeds, Permit No. 02-3-3309 and 02-3-3307, for properties described as Lots 5 & 6, Block 9, Palma Sola, Key Largo; Lot 6, Woodsvale, Sugarloaf Key; and Lot 5, Woodsvale, Sugarloaf Key. The applicants are receiving dwelling unit allocation awards for the year ending July 13, 2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for a Monroe County Planning Department Affordable Housing Deed Restriction for one dwelling unit from Jon & Jacqueline North, Permit No. 03-1-1197, for property described as Lot 41, Summerland Estates Re -subdivision #1, Summerland 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 a Monroe County Planning Department Affordable Housing Deed Restriction for one dwelling unit from Edward & Denise Werling, Permit No. 03-1-0095, for property described as Lot 10, Block 2, Cutthroat Harbor Estates 1 st Addition, Cudjoe 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. 17-1999. Board granted approval for an Affordable Housing Deed Restriction for four (4) employee housing dwelling units for Affordable Housing from WF Enterprises LLC. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of a request for expenditures from the Law Enforcement Trust Fund in the amount of $4,250.00 as follows: 05/19/2004 2004/ 115 $ 4,000 These funds will purchase items for the benefit of our local FDLE office. $ 250 This sum will help sponsor the 2004 Florida Missing Children's Day Ceremony. Board granted approval to reimburse the Monroe County Sheriff s Office for a consultant to re -write the Key West International Airport Security Program. COMMISSIONERS' ITEMS Board adopted the following Resolution expressing concerns to the Governor and Cabinet about a large-scale mixed use development in South Miami -Dade County, proposed by Atlantic Civil, Inc., referred to as the Florida City Development of Regional Impact (DRI), and requesting that the Florida Department of Community Affairs not approve any element or phase of the project that may adversely impact Monroe County and undermine the county's ability to fully meet the commitments of its partnership with the State of Florida to revise Rule 28.20, Florida Administrative Code. RESOLUTION NO. 194-2004 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Neugent's item to name a private road "Mosher Drive" which connects with US1. The new developing project is referred to as Dolphin Cove. Board granted approval of Commissioner Rice's item to start a Request for Proposal process for air ambulance services for Monroe County. Board granted approval of Commissioner Neugent's item concerning a Veto Request from the Florida Association of Counties for SB 2564 - Department of Juvenile Detention Facilities Cost Shift Legislation. Board granted approval of Commissioner Spehar's reappointment of Nancy Klingener to the Marine & Port Advisory Board with term commencing May 19, 2004 and ending April 18, 2007. COUNTY CLERK Board granted approval of the following Warrants (98744-99916 & 206851-206971): General Fund (001), in the amount of $2,082,907.79; Affordable Housing Project (100), in the amount of $1,347.72; Fine & Forfeiture Fund (101), in the amount of $2,761,308.02; Road and Bridge Fund (102), in the amount of $473,739.36; Law Library Fund (103), in the amount of $3,442.67; TDC District Two Penny (115), in the amount of $232,118.29; TDC Admin. & Promo 2 Cent (116), in the amount of $1,378,374.34; TDC District 1, 3 Cent (117), in the amount of $63,315.26; TDC District 2, 3 Cent (118), in the 05/19/2004 2004/116 amount of $11,044.10; TDC District 3, 3 Cent (119), in the amount of $41,580.99; TDC District 4, 3 Cent (120), in the amount of $642.34; TDC District 5, 3 Cent (121), in the amount of $2,372.75; Gov. Fund Type Grants (125), in the amount of $91,141.47; Fire & Amb Dist 1 L&M Keys (141), in the amount of $138,398.01; Upper Keys Health Care (144), in the amount of $985.60; Fire & Amb Dist 6 Key Largo (146), in the amount of $19,298.19; Uninc Svc Dist Parks & Rec (147), in the amount of $38,815.01; Plan, Build, Zoning (148), in the amount of $108,819.95; Municipal Policing (149), in the amount of $858,259.07; 911 Enhancement Fee (150), in the amount of $14,062.75; Duck Key Security (152), in the amount of $6,371.26; Local Housing Assistance (153), in the amount $83,250.55; Boating Improvement Fund (157), in the amount of $43,448.68; Misc. Special Revenue Fund (158), in the amount of $18,785.25; Law Enforcement Trust (162), in the amount of $19,094.46; Marathon Municipal Service (166), in the amount of $185,374.73; Conch Key Wastewater MSTU (167), in the amount of $1,840.50; Bay Point Wastewater MSTU (168), in the amount of $7,368.64; Key Largo Wastewater MSTU (170), in the amount of $1,661.79; 1 Cent Infra Surtax (304), in the amount of $249,215.10; 2003 Revenue Bonds (307), in the amount of $409,055.32; Card Sound Bridge (401), in the amount of $58,091.98; Marathon Airport (403), in the amount of $39,540.97; Key West Intl. Airport (404), in the amount of $119,341.19; MSD Solid Waste (414), in the amount of $845,558.97; Worker's Compensation (501), in the amount of $46,975.57; Group Insurance Fund (502), in the amount of $170,414.34; Risk Management Fund (503), in the amount of $22,977.44; Fleet Management Fund (504), in the amount of $102,764.19. Board granted approval of the following Fine & Forfeiture Expenditures: Court Reporter Services, Amy Landry Reporting, in the amount of $75.00; Associated Court Reporters, in the amount of $3,611.50; Catherine Webster aka Cathy Webster, in the amount of $1,039.75; Monroe County Court Reporting, in the amount of $982.75; Roberge Reporting, Inc., in the amount of $251.25; Suzanne Ex dba All Keys Reporting, in the amount of $62.50; Veritext LLC, in the amount of $1,144.50. Competency Evaluation, A. Louis Oconnor PHD, in the amount of $1,050.00; Care Center for Mental Health, in the amount of $700.00; James W. Holbrook EDD, in the amount of $1,500.00; The Counseling Associates, in the amount of $900.00. Court Interpreter, Alex Diaz, in the amount of $385.00; Claudia M. Hancock, in the amount of $80.00; Estrella Garcia, in the amount of $165.00; Gina Gonzalez, in the amount of $50.00; Jean Nelson, in the amount of $175.00; Jose Menendez, in the amount of $145.00; Marketa Trnka, in the amount of $50.00; Mary Lou Waas, in the amount of $210.00; Pilar Nelson, in the amount of $112.50. Witness Coordination, Witness Payroll, in the amount of $325.00; Witness Travel & Per Diem, in the amount of $4,622.99. Expert Witness, Swope Reconstruction, in the amount of $1,672.53. Court Appointed Attorney Fees - Conflict, Erin Nevius, in the amount of $350.00; Gregory Davila, in the amount of $5,537.47; Hershoff, Lupino & Mulick, in the amount of $1,504.50; Law Offices of Manuel Garcia, in the amount of $2,287.50; Richard Behr, in the amount of $592.50; Richard Wunsch, in the amount of $2,475.00; W J Heffernan, Jr., in the amount of $3,750.00. Sheriffs Extraditions, Monroe County Sheriffs Dept., in the amount of $11,976.88. Miscellaneous Expenses, State of Florida, in the amount of $859.81, William Kuypers, in the amount of $21.17. 05/ 19/2004 2004/ 117 Board granted approval of the following Tourist Development Council Expenditures for the month of April 2004: Advertising, in the amount of $1,432,833.68; Bricks & Mortar Projects, in the amount of $29,780.03; Visitor Information Services, in the amount of $42,833.32; Events, in the amount of $28,223.84; Office Supplies & Oper Costs, in the amount of $71,777.00; Public Relations, in the amount of $61,641.81; Sales & Marketing, in the amount of $35,907.51; Telephone & Utilities, in the amount of $12,202.33; Travel, in the amount of $14,175.06. Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of March 17, 2004 and Special Meeting of March 18, 2004 (previously distributed). Board rescinded approval to extend the existing Contract with Salvation Army for Misdemeanor Probation to March 1, 2004. Board accepted the Supplemental Audit Report of Monroe County Health Benefit Program, dated April 21, 2004. Board granted approval of the request for an extension for the filing of the Clerk of Courts non -court related budgets for Fiscal Year 2004-2005 to July 1, 2004. This extension is being requested due to the implementation of Revision 7 to Article V as amended by Florida Legislature in the recent session. COUNTY ADMINISTRATOR Board granted approval to hold the following Board of County Commissioners Special Meetings: (1) June 5, 2004, 1:00 p.m. at the Harvey Government Center/Key West - County Administrator's Selection Process - Commission interviews County Administrator finalists; (2) June 9, 2004, 2:00 p.m. at the Marathon Government Center - County Administrator's Selection Process - Formal selection and approval of new County Administrator. Board granted approval of the re -appointment of Bruce Waite, and Larry Maas, each serving a two year term, and Jim Malloch, who will serve a three year term at this time, to the South Florida Workforce Development Board, formerly known as the JEP Board, effective July 1, 2004. Board granted approval of the re -appointment of Cynthia McKnight, alternate, to the Florida Keys Council for People with Disabilities. Board granted approval of an amended Infrastructure Sales Tax Capital Plan through Fiscal Year 2018. Board confirmed the appointment of James F. Van Tassel as Director of Technical Services. 05/19/2004 2004/118 Board adopted the following Resolution authorizing the temporary closing of the northbound lanes of US 1 from MM98.2 to MM100 from 10 a. in. to 11:30 a. in. on the 4th of July, 2004. RESOLUTION NO. 195-2004 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Board granted approval of an exhibit that was referred to in the Assignment and Assumption of Leasehold for the Big Pine Key Shopping Center Library Space that was approved January 21, 2004. Board granted approval to rescind Ordinance No. 003-2004 (adopted 02/18/04) and subsequent request to amend Ordinance No. 003-2004 by approving a different format of the Ordinance (Ordinance No. 007-2004 adopted on 04/21/04) which concerns Specialty Contractors. Board granted approval and authorized execution of Amendment No. 1 to Lease No. 3671 between Monroe County and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the Key Largo Volunteer Fire Department. Board authorized the County Attorney's Office to settle Article V lien with Daniel Stambaugh for $1,750.00, Case No. CFK 00-881-A & CFK 00-882-A. Board granted approval to advertise surplus property for bids concerning Parcel 69, Nichols Seafood, Conch Key. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Commissioner Rice abstained from voting on the following item: Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an Amendment to the Employee Assistance Program Agreement between Monroe County and Mental Health Care Center of the Lower Keys, Inc. d/b/a Care Center for Mental Health for the Florida Keys Mosquito Control District, a covered entity under the Monroe County Employee Assistance Program, who will no longer be covered effective May 1, 2004. Motion carried unanimously, with Commissioner Rice abstaining. County Engineer Dave Koppel; Linda Gotwald, N. D., Director for Stand Up for Animals, Inc.; and County Attorney Richard Collins addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of a Renewal Agreement, as amended by the Board, between 05/ 19/2004 2004/ 119 Monroe County and Stand Up For Animals, Inc. for operation of the Big Pine Key and Marathon Animal Shelters in the amount of $223-265.29 $219,265.20 per year. Motion carried unanimously. Gwen Hawtoff, M.D., President of the Florida Keys SPCA, Inc., addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of a Renewal Agreement between Monroe County and the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter in the amount of $338,764.73 per year. Motion carried unanimously. The County Engineer addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval and authorizing execution of a Renewal of Management Agreement, as amended by the Board, between Monroe County and Upper Keys Family YMCA for management of the Key Largo Community Park in the amount of $4�.57 $41,457.80 per year. Roll call vote was unanimous. COUNTY ADMINISTRATOR The County Administrator introduced James F. Van Tassel, the new Director of Technical Services. COMMISSIONERS' ITEMS Mayor Nelson discussed his item for the establishment of an Upper Keys Wastewater Pump -Out Vessel and Support System. The following public speakers addressed the Board: Sergeant Louis Caputo, representing the Monroe County Sheriff s Office; Brenda Altmeier, representing the Florida Keys National Marine Sanctuary; Rod Cook, and Jim Trice, representing the Islamorada Near Shore Water Committee. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting conceptual approval for the establishment of an Upper Keys Wastewater Pump -Out Vessel and Support System. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of a request by Industrial Communications and Electronics to authorize legal counsel to enter into a Stipulation Agreement staying the pending appeal order by the 1 lth Circuit Court of Appeals until the Board of County Commissioners has had an opportunity to hear a proposed Settlement Agreement at an appropriate time and venue. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor Nelson discussed his item for approval to direct staff to provide a 10' wide strip of additional pavement on Cuda Lane in Key Largo and provide a turn around at the end of the 05/19/2004 2004/ 120 street. Monroe County Director of Roads & Bridges, Joe Medallion and Douglas Price addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar directing Staff to move forward with the process and report back to the Board. Roll call vote was unanimous. DIVISION OF GROWTH MANAGEMENT The Board discussed consideration of an appeal filed by Mr. Charles Bryan pursuant to Section 9.5-123(a), Monroe County Code concerning the assignment of environmental points under the residential Rate of Growth Ordinance (ROGO) for Building Permit No. 03-3-3651 on property described as Block 12, Lots 5, 6, 27 and 28, Angler's Park, Key Largo. Charles Bryan, Mike Bryan, and Growth Management Director Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to deny the request. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner McCoy addressed the Board. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Resolution in recognition of the late Jeane Porter (Poirier). Motion carried unanimously. RESOLUTION NO. 196-2004 Said Resolution is incorporated herein by reference. WASTEWATER ISSUES Motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval of the following three (3) items: The rescinding of the March 17, 2004 Amendment to an Interlocal Agreement for Reimbursement of the Property Appraiser to include reimbursement for the South Stock Island non -ad valorem assessment collection and authorized execution of a revised Amendment to an Interlocal Agreement for Reimbursement between Monroe County and Ervin Higgs. Interlocal Agreement between Monroe County and Florida Keys Aqueduct Authority to provide funding for the planning of the Duck Key with a central wastewater treatment system. Advertisement for a Special Meeting of the Board of County Commissioners on August 11, 2004 at 5:05 p.m. at the Harvey Government Center at Historic Truman School to hold a Public Hearing on the South Stock Island Wastewater Assessment Program. Motion carried unanimously. Commissioner McCoy, as wastewater liaison, reported on the status of wastewater issues/ projects. 05/19/2004 2004/ 121 COUNTY ADMINISTRATOR The County Administrator reported he had been informed the City of Key West is anticipating to open the Homeless Safe Zone on or about June 7, 2004. The Administrator indicated that the new discount tickets for the toll booth at Card Sound Road are being sold. COMMISSIONERS' ITEMS The Board discussed the Combined Structural and Operating Plan (CSOP) Advisory Team of the South Florida Ecosystem Restoration Task Force regarding Everglades restoration issues. As a government agency, this would be a non -voting membership for informational purposes only. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to appoint Commissioner Rice to the task force - Mayor Nelson as an alternate - and a growth management biologist as a delegate. Motion carried unanimously. COUNTY ADMINISTRATOR Commissioner Rice abstained from voting on the following item: Motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval to apply for the "Grant to Expand Substance Abuse Treatment Capacity in Targeted Areas of Need" from the U.S. Department of Health and Human Services, and for the County Administrator to sign the application and related certifications and attachments. Motion carried unanimously, with Commissioner Rice abstaining. Executive Director of the Monroe County Land Authority Mark Rosch addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval and authorizing execution of a Second Amendment to the Agreement for the purchase of the D& J Industries building on Big Pine Key. Motion carried unanimously. COUNTY ATTORNEY County Attorney Richard Collins reported to the Board concerning the May 2004 County Attorney litigation report. Mr. Collins discussed the status of the Smart Planning & Growth Coalition v. Monroe County cases. Mr. Collins then advised the Board that Brian Evans "The Crooner" had filed suit against the County and offered to settle the matter in the amount of $20,000. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to reject the settlement offer from Brian Evans in the amount of $20,000. Motion carried unanimously. Mr. Collins also discussed status of the Key Tex Shrimp Dock Condominium Association, Inc., litigation against Monroe County and Tim McGarry. Commissioner Neugent and the Board discussed their role to the Value Adjustment Board process and whether it would be in the best interest of the VAB to hire specialized independent counsel to assist in the process. The County Attorney addressed the Board. No official action was taken. 05/19/2004 2004/ 122 COMMISSIONERS' ITEMS The Board discussed Commissioner Neugent's item regarding a presentation on management issues facing the Board and the new administrator by the Concerned Citizens of the Lower Keys. The Board was provided with a copy of a memorandum dated May 17, 2004 from the County Administrator concerning the report by Concerned Citizens of the Lower Keys. Gordon West addressed the Board and presented the report entitled Monroe County Government Management Issues and Recommendations - A Report by Concerned Citizens of the Lower Keys, dated May 19, 2004. The County Administrator addressed the Board. The Board discussed Mayor Nelson's item regarding a report by Colin Baenziger of the firm Colin Baenziger & Associates on the status of the County Administrator search and selection of finalists to interview. Mr. Baenziger addressed the Board. Following the report, the Board cast their ballot for the selection of five (5) candidates to be invited for an interview in Key West on June 4th - 5th, 2004, with the following results: Candidate McCoy Nelson Neugent Rice S ehar Total Brown X 1 Bullock X X X X 4 Carey X X X X X 5 Hoover X 1 Hunt X X X X 4 Landeros X X 2 Stampfler X X 2 Stewart X X X X X 5 Based on the above results, Stewart, Carey, Bullock, and Hunt received the highest votes. Landeros and Stampfler each received two (2) votes. Landeros was then chosen as the fifth candidate with Stampfler as an alternate. PUBLIC HEARINGS A Public Hearing was held concerning the renouncing and disclaiming any right of the county and the public in and to a portion of North Drive, Stillwright Point Subdivision 2, Key Largo, Monroe County, Florida. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 197-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Section 2-541(i)(1) Monroe County Code, revising the requirement for bid bonds to apply only to construction projects estimated to exceed $150,000; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe 05/19/2004 2004/123 County Code of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 012-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance adding Subsection (g) to Section 8-82, Monroe County Code, in order to provide that any collector exiting Monroe County with equipment loaded with sludge shall use Card Sound Road and shall produce service tickets; providing for the delivery of service tickets to the Office of Solid Waste Management if disposal is made within Monroe County at a site other than a county -owned transfer station; 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. Public Safety Director, Reggie Paros addressed the Board concerning the following revisions in the Ordinance: Delete: Page 2, Section 1. Sec. 8-82(g) (4) The collector may only collect and transport sludge from a wastewater treatment plant or similar facility between the hours of 7 AM and 7 PM, Monday through Saturday. Replace: Page 3, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 24* 19th day of Apr-4, May, 2004. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance, as revised. Motion carried unanimously. ORDINANCE NO. 013-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways), to delete Sec. 5.5-1(1) the definition of a "No Anchor Zone," to create the definition Sec. 5.5-1(k) of a "motorboat", to modify 5.5-108(D) "No Anchor Zone" to read "Motorboats Prohibited" Zone, and to establish Varadero Beach as a "No Motorboat Zone", providing for severability, providing for repeal of inconsistent Ordinance clauses, providing for incorporation into the Monroe County Code, providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Richard Lancaster and Jose Ortega. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to make the Ordinance a "No Motor Zone". Roll call vote was unanimous. Roll call vote to adopt the Ordinance as amended was also unanimous. ORDINANCE NO. 014-2004 Said Ordinance is incorporated herein by reference. 05/19/2004 2004/ 124 A Public Hearing was held concerning adoption of a Resolution approving the request for administrative relief made by Byron Ashby on the lot described as Block 12, Lots 4 & 5, Pamela Villa, Key Largo, real estate number 00466180.000000. Planning Director Marlene Conaway addressed the Board. The Board accepted public input with the following individuals addressing the Board: Attorney Andy Tobin, representing Byron & Nancy Ashby; Byron Ashby and Nancy Ashby. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to provide Administrative Relief by issuing an allocation award. Roll call vote was unanimous. RESOLUTION NO. 198-2004 Said Resolution is incorporated herein by reference. The Board returned to the previous Public Hearing concerning adoption of an Ordinance amending Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways), to delete Sec. 5.5-1(1) the definition of a "No Anchor Zone," to create the definition Sec. 5.5-1(k) of a "motorboat", to modify 5.5-108(D) "No Anchor Zone" to read "Motorboats Prohibited" Zone, and to establish Varadero Beach as a "No Motorboat Zone". The Growth Management Director and County Attorney addressed the Board for clarification. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to reconsider the item. Motion carried unanimously. Commissioner Spehar excused herself from the meeting. Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to approve the previous Ordinance (014-2004) with the following amendment: Page 1 (D) "No Anchor Zone" to read "Metofboats Prohibited" "A No Motor" Zone, and to establish Varadero Beach as a "No Motorboat Zone". Page 2 Section 3. Sec. 5.5-108 (d) Boat rRestricted zones is are hereby amended to read as follows: (d) No Motorboats Prohibit Zones. No motorboat zone as defined herein shall enter an area established by County Ordinance as "No Motorboat Pfolibited Zone". Motion carried unanimously, with Commissioner Spehar not present. Commissioner McCoy excused himself from the meeting. A Public Hearing was held concerning adoption of a Resolution approving with conditions the request for Administrative Relief in the form of a residential building permits made by Dale Stringer on the lot described as Lot 145, Port Largo (1 st Addition), Key Largo, real estate number 00452760.000000. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously, with Commissioner Spehar and Commissioner McCoy not present. RESOLUTION NO. 199-2004 Said Resolution is incorporated herein by reference. Commissioner Spehar and Commissioner McCoy returned to the meeting. 05/19/2004 2004/125 A Public Hearing was held concerning adoption of a Resolution approving the request for administrative relief made by Donald Lang on the lot described as Block 6, Lot 10, Bahia Mar Estates, Key Largo, real estate number 00544410.000000. The Board accepted public input with the following individual addressing the Board: Donny Lang. The Planning Director addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to provide Administrative Relief by issuing an allocation award. Roll call vote was unanimous. RESOLUTION NO. 200-2004 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS The Board discussed Commissioner Neugent's item requesting a full and comprehensive report to the Board on the proposed Rural Health Network Insurance Program for the uninsured residents of Monroe County. Commissioner Spehar discussed the matter with the Board. The following public speaker addressed the Board: Neil J. Call, representing the Lower Florida Keys Hospital District. No official action was taken. COUNTY ATTORNEY The County Attorney discussed further activities relative to the Florida City Development of Regional Impact by Atlantic Civil, Inc. The following public speaker addressed the Board: David Ritz, Planning Commissioner, President of the Ocean Reef Community Association and representing the Everglades Defense Council. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice authorizing the County Attorney or the County Administrator set aside funds an amount not to exceed $25,000 to obtain legal counsel in support of the Development of Regional Impact opposition. Motion carried unanimously. COMMISSIONERS' ITEMS Motion was made by Commissioner Neugent and seconded by Commissioner Rice to reopen the agenda. Motion carried unanimously. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to add to the agenda approval to dedicate the new footbridge adjacent to the Humpback Bridge on Ocean Shores Drive in Key Largo to Jack Hill and Dan Flannery. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to approve the item. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to adopt an Ordinance amending Section 9.5-119 (Environmental restoration standards and agreements) and Section 9.5-346 (Transplantation Plan), Monroe County Code (MCC) to provide more effective standards for restoration of habitat, eliminate transplantation as a mitigation option and replace it with payment of mitigation fees into the County's "Restoration Fund" to be renamed, and an increase in said fees to act as a stronger deterrent to illegal clearing and development. There was no public input. Motion was 05/19/20042004/126 made by Commissioner McCoy and seconded by Commissioner Rice to continue the Public Hearing to the June 16, 2004, Board meeting in Marathon. Motion carried unanimously. A Public Hearing was held to adopt an Ordinance designating the boundaries of Conservation and Natural Areas; adopting an Interim Moratorium deferring ROGO and NROGO allocations in areas of t" one acres or greater containing tropical hardwood hammock or pinelands within any Conservation and Natural Area until Land Development Regulations and Comprehensive Plan Amendments implementing the work program mandated by Rule 28-20.100, F.A.C. are drafted and adopted by the County Commission or twelve months, whichever first occurs. (Second of a least three public hearings). The Board accepted public input with the following individuals addressing the Board: Karen Tiedemann, representing Key Largo Chamber of Commerce; Glenn Path, representing Key Largo Federation & Port Largo Homeowners Association; Richard Lancaster, Bonnie Greenberg, representing Habitat for Humanity of the Upper Keys; Alicia Putney, Joan Borel, representing Last Stand; Sandy Walters, Debbie Harrison, representing World Wildlife Fund; J. Hammerstrom, Jill Patterson, Katie Lyons, Kathy Wheeler, representing the Big Pine Key Civic Association; Chris Berth, representing The Nature Conservancy; and Bill Louie, representing Habitat for Humanity of the Lower Keys. After discussion, motion was made by Commissioner McCoy and seconded by Mayor Nelson to amend back to the Ordinance as originally advertised. Growth Management Director, Tim McGarry addressed the Board. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Rice No Commissioner Spehar Yes Commissioner McCoy Yes Mayor Nelson Yes Motion carried. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy directing Staff to identify one acre patches and maps outside of the Conservation and Natural Area (CNA) for next months agenda (June 16, 2004) for purchase. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-ofI•icio Clerk to the Board of County Commissioners Monroe County, Florida Isabel C. DeSantis, Deputy Clerk