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06/16/2004 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2004/130 Regular Meeting Board of County Commissioners Wednesday, June 16,2004 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., on the above date at the Marathon Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner David P. Rice, Commissioner Dixie Spehar and Mayor Murray E. Nelson, Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; 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 AND DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval of Additions, Corrections, and Deletions to the agenda, Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Employee of the Month Award for March, 2004, to Mike McLaren, Lead CustodianlMaintenance Worker, Facilities Maintenance Department, Public Works Division. Presentation of Years of Service Award for 15 years of service to Monroe County to I. B. Crutchlow, Construction Engineer, Engineering Department, Public Works Division. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of the following items: Board adopted the following Resolution authorizing the submission of the Consolidated Solid Waste Management Grant Application to the Florida Department of Environmental Protection for Fiscal Year 2005 and authorizing the Mayor to execute same, RESOLUTION NO. 201-2004 Said Resolution is incorporated herein by reference. 06/16/2004 2004/13 I Board granted approval and authorized execution of an Amendment to Agreement for the Transfer, Collection, Storage, Treatment, Transportation, and Disposal of Sludge/Septage Generated within Monroe County between Sweetwater Environmental, Inc. and Monroe County to amend the effective date of the Agreement to July 1,2004. Board granted approval and authorized execution of Purchase/Service Order No. 03/04-30 between Monroe County and URS for Noise Insulation Program, Phase 2 construction, and Phase 3 A & E, additional services, for the Key West International Airport. Board granted approval and authorized execution of Public Transportation Joint Participation Agreement No. ANL56 between Monroe County and the Florida Department of Transportation to fund the Apron Seal Coat project at the Key West International Airport. Board granted approval and authorized execution of Public Transportation Joint Participation Agreement No. ANL57 between Monroe County and the Florida Department of Transportation to fund T -Hangar Taxiway at the Key West International Airport. Board granted approval and authorized execution of a Lease Addendum Agreement between Monroe County and Avis Rent A Car System, Inc., at the Key West International Airport. Avis has agreed to do the Capital Improvements and repairs costing between $500,000 and $700,000 at no cost to the County in exchange for an extension to their existing lease/concession agreement. Board granted approval and authorized execution of a Lease Addendum Agreement between Monroe County and Budget Rent A Car System, Inc., for facilities at the Key West International Airport. Avis has acquired Budget under the corporate name ofCendant, and Budget wishes their lease extension to be concurrent with the Avis lease agreement. Board granted approval to advertise surplus equipment for bids, approval to remove surplus equipment from inventory for disposal and/or salvage. Said list is incorporated herein by reference. Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Funds: Amending Resolution No. 537-2003 (OMB Schedule Item No.1). RESOLUTION NO. 202-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 203-2004 Said Resolution is incorporated herein by reference, Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 204-2004 06/16/2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4), RESOLUTION NO. 205-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 206-2004 Said Resolution is incorporated herein by reference. Amending Resolution No. 098-2004 (OMB Schedule Item No.6). RESOLUTION NO. 207-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 208-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 209-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 210-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 211-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 212-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 213-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 214-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 215-2004 Said Resolution is incorporated herein by reference. 2004/132 06/16/2004 2004/133 Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 216-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 217-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 218-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Bell South Business Master Agreement No. FL03-F871-00 and BellSouth Business Master Agreement for Regulated Services and Volume & Term Agreement No. FL03-F871-10 between Monroe County and BellSouth Business Systems, Inc. This will be the main service Agreement. Board granted approval to waive Purchasing Policies and authorized execution of a Contract Service Arrangement Agreement, Case No. FL04-2603-03 between Monroe County and BellSouth Telecommunications, Inc. for 2 megalink Tl's for tie lines to Marathon and Plantation phone systems. Board granted approval to waive Purchasing Policies and authorized execution of a Contract Service Arrangement Agreement, Case No. FL04-0156-03 between Monroe County and BellSouth Telecommunications, Inc. for point to point megalinks. Board granted approval to waive Purchasing Policies and authorized execution of a Master Order Attachment for Tariffed Service between Monroe County and BellSouth Telecommunications, Inc. for Frame relay service. Board granted approval and authorized execution of Modification No. 001 to Contract No. 04EA-4P-11-54-01-019 between Monroe County and the Department of Community Affairs, concerning Low Income Home Energy Assistance Program funds. This modification is for an increase of$33,545 in addition to the $73,848 current FY 2004/2005 LIHEAP allocation, Board granted approval to award Social Services surplus item 1807-075 (1994 Eldorado Aerolite Bus) to the highest bidder Joe Katalinic as listed in the Recap of Bid Opening, for $3,20 1.00. Said list is incorporated herein by reference. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and South Florida Employment and Training Consortium, for the Governmental Liaison's travel cost reimbursement. 06/16/2004 2004/134 Board granted approval and authorized execution of the 2004-2005 Alzheimers' Disease Initiative Contract No. KZ497 between Monroe County (Monroe County Social Services/In-Home Services Program) and Alliance for Aging, Inc. for Fiscal Year July 1, 2004 through June 30,2005. Board granted approval and authorized execution of the 2004-2005 Community Care for the Elderly Contract No. KC471 between Monroe County (Monroe County Social Services/In-Home Services Program) and Alliance for Aging, Inc. for Fiscal Year July 1, 2004 through June 30,2005. Board granted approval and authorized execution of the 2004-2005 Home Care for the Elderly Contract No. KH472 between Monroe County (Monroe County Social Services/In-Home Services Program) and Alliance for Aging, Inc. for Fiscal Year July 1,2004 through June 30, 2005. Board granted approval and authorized execution of Master Agreement No. PA-429 between Monroe County/Monroe County Social Services (Monroe County In-Home Service Program/Monroe County Nutrition Program) and Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties), for the period of March 1,2004 to December 31, 2006. Board granted approval and authorized execution of a Standard Contract No. KG051 between Monroe County (Monroe County Social Services/In-Home Services Program) and the State of Florida, Department of Children & Families for Fiscal Year July 1, 2004 through June 30, 2005. Board granted approval to award Public Works surplus equipment as described in the Recap of Bid Opening (Items 6, 7, 9, and 10). Said list is incorporated herein by reference. Board granted approval and authorized execution of a Renewal Agreement concerning emergency generator maintenance and repair between Monroe County and Condo Electric Motor Repair for one additional year. Board granted approval and authorized execution of an Interlocal Agreement Renewal for the Use of County Meeting Rooms between Monroe County and the Monroe County School Board for the period July 1,2004 through June 30,2005, Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Planned Parenthood of Greater Miami and the Florida Keys, Inc. for office space for the Non-Profit Organization at the Ruth Ivins Center in Marathon in the amount of $100.00 per month. Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Synagro Southeast, Inc. for the operation and maintenance of the wastewater 06/ I 6/2004 2004/135 treatment plant located at the Marathon Government Center, commencing September I, 2004 and expiring August 31, 2005. Board granted approval of the Receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval and authorized execution of InterIocal Agreements between Monroe County the City of Marathon and Islamorada, Village of Islands extending the local option gas tax distribution. Board granted approval and authorized execution of a Grant Agreement to fund Project No. 3-12-0044-019-2004 between Monroe County and the Federal Aviation Administration to Update Airport Layout Plan, including Master Utility Plan at the Florida Keys Marathon Airport, Board granted approval and authorized execution of a Notice of Grant Award between Monroe County and the Florida Department of Transportation for one (1) 9 passenger bus (B on C) 22'-29' diesel, 2 w/c pos. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Mel Fisher Maritime Heritage Society, Inc. to revise scope of services within the Agreement. Board granted approval and authorized execution of a modified and extended Contract for Mail Fulfillment between Monroe County and the Market Share Company, Inc. until September 30, 2005 not to exceed $80,000 annually. Board granted approval and authorized execution of a modified and extended Contract between Monroe County and Cellet Travel Services, Ltd., to provide sales representation services which promote tourism. PUBLIC WORKS Board granted approval to award bid and authorized execution of a Contract between Monroe County and The Tower Group, for the Freeman Justice Center, in the amount of $13,804,000. The Contract will include the base bid, deduct alternate no, 1 and add alternate nos. 1,2, 3,4, 5,6, 10, 11, 12, 15 & 16. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of an Affordable ROGO Unit Transfer Interlocal Agreement between Monroe County and the City of Key West to transfer 18 affordable ROGO allocations from Key West to the Maloney Avenue Affordable Housing Project in unincorporated Stock Island. 06/16/2004 2004/136 Board granted approval for one Intensity Reduction Restrictive Covenant Non-Residential from Peter Pike for floor area intensity reduction, Permit No. 03102793, for property described as Lot 1, Similar Sound Section A, Big Coppitt Key. The applicant is receiving one allocation award for 2,480 square feet on a 15,235 size parcel for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 032-2001. Board granted approval for one Intensity Reduction Restrictive Covenant Non-Residential from Gregory and Diana Pardo for floor area intensity reduction, Permit No. 03303097, for property described as Part of Lot 12, Section 32, Township 61, Range 39 East, and further described in attached covenant, and Lot 1B of Block 3, of the Resubdivision of Tract A, Harbor Shores. The applicants are receiving one allocation award for 2,499 square feet and a future employee housing structure of2,500 square feet of ground floor area on the 26,203 square foot sized parcel for the year ending July 13, 2004, have filed the document in accordance with Ordinance No. 032-2001. Board granted approval to advertise an Ordinance amending Sec. 2-6, of the Monroe County Code; increasing the compensation for Monroe County Planning Commission members, from $6,400 to $9,600, a year, for twenty-four regular meetings, providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date of October 1,2004. Board granted approval and authorized execution of a Contract for Services between Monroe County and E Sciences, Inc. to complete stormwater and xeriscape planning and preliminary design for the Big Coppitt bike path on the north side of US. Highway 1. Board granted approval for the transfer of one buildable lot from Wayne Rubow to Monroe County by Warranty Deed, Permit No. 00-1-5251, for property described as Lot 7, Block 55, 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 for the Growth Management Division to issue a Request for Proposals (RFP) and to rank the respondents to prepare the Stock Island and Key Haven/US 1 Corridor Enhancement Plan (approximately Mile Marker 4.2 to 6.0). Board granted approval for the transfer of two buildable lots from John K. & Li Chiung Moyant to Monroe County by Warranty Deed, Permit No. 95-1-1747, for property described as Lots 23 & 24, Block 19, 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. 47-1999. Board granted approval for one Lot Aggregation Restrictive Covenant from Stephanie Coffer and Ralph R. Hillpot to have one dwelling unit on contiguous lots, Permit No, 03-1-3865, for property described as Lots 5 & 6, Block 26, Cutthroat Harbor Estates, Cudjoe Key. The 06/16/2004 2004/137 applicants are 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 Andrew W. & Erica Bole Makar to Monroe County by Warranty Deed, Permit No. 03-3-1957, for property described as Lot 1, Block 34, Sands Subdivision, Big Pine Key; and approval for one Lot Aggregation Restrictive Covenant to have one dwelling unit on contiguous lots, Permit No. 03-3-1957, for property described as Lots 1 & 2, Block 1 I, South Creek Village, 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 three buildable lots from David Ritz to Monroe County by Warranty Deeds, Permit No. 03-3-0094, for properties described as Lots 9 & 19, Block 1, Kinercha Subdivision, Big Pine Key; and Lot I, Block 6, Harris Ocean Park Estates, Key Largo. 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 for the transfer of acreage parcel from Candace Andrus for Robert Milligan to Monroe County by Warranty Deed, Permit No. 02-2-4663, for property described as a parcel ofland in a part of the Southwest Quarter of Section 4, Township 66S, Range 29 E, Big Pine Key (RE: 00108820.000000). The applicant is 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 adopted the following Resolution authorizing submission of a Florida Forever Boundary Modification form and designation of Monroe County as Land Manager therein for Conservation and Natural Area Lands. RESOLUTION NO. 219-2004 Said Resolution is incorporated herein by reference. MONROE COUNTY TAX COLLECTOR Board granted approval to award Tax Collector's surplus equipment item number 1 (0500-647, 1985 Chev Truck) to the highest bidder Joseph E. Bucks for $513.00. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution to ratify DCA-executed Modification 1 to the awarded Community Development Block Grant, Contract Agreement. RESOLUTION NO. 220-2004 Said Resolution is incorporated herein by reference. 06/16/2004 2004/138 MONROE COUNTY COURT ADMINISTRATION Board granted approval of the request to dispose of legal materials after law library in Courthouse Annex in Key West is relocated to the Monroe County Public Library System. COMMISSIONERS' ITEMS Board granted approval of Mayor Nelson's appointment of Elaine Higgins to replace Paula Shea on the Florida Keys Council for People with Disabilities, with a term expiring February 1, 2007. Board adopted the following Resolution supporting the Florida Area Coastal Environmental (FACE) Initiative to study sources of nutrients, trace metals and unregulated substances in the coastal ocean and their impact on South Florida's Coastal Habitats and Ecosystems; supporting local participation and federal funding for the FACE Initiative; and directing that the Clerk of the Court send a certified copy of this Resolution to the South Florida Water Management District Governing Board Members. RESOLUTION NO. 221-2004 Said Resolution is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Vera Butler. RESOLUTION NO. 222-2004 Said Resolution is incorporated herein by reference. Board adopted the following Resolution directing Monroe County's Growth Management Division to monitor, limit issuance of permits for land clearing in the best interest and protection of the pubic good and identify to the Land Authority for recommended purchase all small parcels ofCNA areas throughout Monroe County not covered by "Florida Forever" funds. RESOLUTION NO. 223-2004 Said Resolution is incorporated herein by reference, Board granted approval of Commissioner Neugent's reappointment of Harry DeLashmutt to the Marine Port Advisory Committee to expire on April 2007. Board granted approval for baseball field lights to stay on until 11 :00 p.m. from June 28 until July 16, 2004 at the Key Largo Community Park for the District 8 baseball tournaments. Board granted approval of Commissioner Spehar's reappointment of Michelle Wisniewski to the Florida Keys Council for People with Disabilities for a three-year term ending in June 2007. 06/16/2004 2004/139 COUNTY CLERK Board granted approval of the following Warrants (3466-3837 & 99921-101216 & 206976-20711): General Fund (001), in the amount of$1,291,829.71; Fine & Forfeiture Fund (101), in the amount of$2,794,815.28; Road and Bridge Fund (102), in the amount of $83,034.49; Law Library Fund (103), in the amount of$544.00; TDC District Two Penny (115), in the amount of$303,564.12; TDC Admin. & Promo 2 Cent (116), in the amount of$789,759.34; TDC District 1,3 Cent (117), in the amount of$161,636.57; TDC District 2,3 Cent (118), in the amount of$2,285.94; TDC District 3, 3 Cent (119), in the amount of$1,337.96; TDC District 4,3 Cent (120), in the amount of$4,527.61; TDC District 5, 3 Cent (121), in the amount of $3,289.08; Gov. Fund Type Grants (125), in the amount of$285,498.65; Fire & Amb Dist 1 L&M Keys (141), in the amount of $96, 108.29; Upper Keys Health Care (144), in the amount of$581.95; Fire & Amb Dist 6 Key Largo (146), in the amount of$49,162.97; Uninc Svc Dist Parks & Rec (147), in the amount of$32,048.05; Plan, Build, Zoning (148), in the amount of $82,237.85; Municipal Policing (149), in the amount of$408,130.99; 911 Enhancement Fee (150), in the amount of$4,913.75; Duck Key Security (152), in the amount of$5,685.37; Local Housing Assistance (153), in the amount $12,694.00; Boating Improvement Fund (157), in the amount of$26,273.00; Misc. Special Revenue Fund (158), in the amount of$7,72I.38; Environmental Restoration (160), in the amount of$487.50; Law Enforcement Trust (162), in the amount of$25,870.97; Marathon Municipal Service (166), in the amount of$855.86; Conch Key Wastewater MSTU (167), in the amount of$0.02; Bay Point Wastewater MSTU (168), in the amount of$26.06; Key Largo Wastewater MSTU (170), in the amount of $150,708.36; 2003 Revenue Bonds (207), in the amount of$91.67; 1 Cent Infra Surtax (304), in the amount of$155,307.39; Clerks Rev Note, Capital (306), in the amount of$21,74I.91; 2003 Revenue Bonds (307), in the amount of$378,765.78; Card Sound Bridge (401), in the amount of $29, 154.70; Marathon Airport (403), in the amount of$57,852.67; Key West IntI. Airport (404), in the amount of $256,392. 12; MSD Solid Waste (414), in the amount of $1,085,421.96; MSD Debt Service (415), in the amount of$250,OO; Worker's Compensation (501), in the amount of$11,068.24; Group Insurance Fund (502), in the amount of $123,881.39; Risk Management Fund (503), in the amount of $668,472,78; Fleet Management Fund (504), in the amount of$l 12,564.44. Board granted approval of the following Fine & Forfeiture Expenditures: Court Reporter Services, Amy Landry Reporting, in the amount of$237,50; Associated Court Reporters, in the amount of$4,927.50; Catherine Webster aka Cathy Webster, in the amount of$600.00; Lisa Roeser, in the amount of$100.00; Monroe County Court Reporting, in the amount of$155.25; Veritext LLC, in the amount of$5,465.98. Competency Evaluation, A. Louis Oconnor PHD, in the amount of$350.00; The Counseling Associates, in the amount of $2,560.00. Court Interpreter, Alex Diaz, in the amount of$95.00; Estrella Garcia, in the amount of$197.50; Gina Gonzalez, in the amount of$75.00; Link Translations, in the amount of $4,819.00; Marketa Trnka, in the amount of$60.00; Mary Lou Waas, in the amount of$65.00; 06/16/2004 2004/140 Myagmartsogt Purevdorj, in the amount of$850.00; Ngoc-Ha Kim Vo, in the amount of$63.00; Pilar Nelson, in the amount of $475.00; Viviane Ngoc-Phuong Le Translator, in the amount of $1,219.11. Witness Coordination, Witness Payroll, in the amount of $205.00; Witness Travel & Per Diem, in the amount of$1,563.65. Expert Witness, Paul Erwin Kish, in the amount of $1,500,00. Court Appointed Attorney Fees - Conflict, Carl Palomino, Esq., in the amount of $1,708.75; Charles M. Milligan, in the amount of$350.00; Gregory Davila, in the amount of $3,012.44; Jason R. Smith, in the amount of$3,900.00; Joseph Abury, in the amount of$350.00; Laurie Hall, in the amount of$3,212.77; Law Offices of Christopher Meyer, in the amount of $1,177.50; Law Offices of Manuel Garcia, in the amount of$8,000.00; Leighton Morse, in the amount of $3,120.49; Merrell Sands, in the amount of$2,581.92; Rayme Suarez, in the amount of $700.00; Richard Behr, in the amount of$897.50; The Margalli Law Office, in the amount of $843.75; Tom Woods, in the amount of$3,277.50; Vernis & Bowling of the FL Keys, in the amount of $2,270.00. Other Services Circuit, State of Florida (State Att Oft), in the amount of $1,386.31; State of Florida (Public Defenders Oft), in the amount of$239.20; William Kuypers, in the amount of$49.00. Miscellaneous Expenses, Quality Copy Acquisition, in the amount of $26.87; State of Florida, in the amount of$401.25. Board granted approval of the following Tourist Development Council Expenditures for the month of May 2004: Advertising, in the amount of$775,355.94; Bricks & Mortar Projects, in the amount of $41,899.00; Visitor Information Services, in the amount of$38,333.32; Events, in the amount of$133,916.89; Office Supplies & Oper Costs, in the amount of$46,455.41; Personal Services, in the amount of$116,268.86; Public Relations, in the amount of $24,847.02; Sales & Marketing, in the amount of $62,066.56; Telephone & Utilities, in the amount of$12,247.07; Travel, in the amount of$15,354.23. Board granted official approval of the Board of County Commissioners Minutes from the Regular Meeting of March 17, 2004 and Special Meeting of April 21, 2004 (previously distributed) . COUNTY ADMINISTRATOR Board granted approval of $30,000 as additional funding for the special grand jury fund as a result of extraordinary costs incurred on behalf of grand jury activities and adopted the following Resolution concerning the Transfer of Funds for same. RESOLUTION NO. 224-2004 Said Resolution is incorporated herein by reference, Board granted approval to add an Indigence Examiner position for the Public Defender's Office and adopted the following Resolution concerning the transfer of funds (to cover current fiscal year expenses). 06/16/2004 2004/14 I RESOLUTION NO. 225-2004 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Board adopted the following Resolution authorizing a transfer of conservation easement on Crawl Key to the South Florida Water Management District for Medical Examiner Facility and authorized execution of a Deed of Conservation Easement for same. RESOLUTION NO. 226-2004 Said Resolution is incorporated herein by reference. Board granted approval to initiate litigation to collect code enforcement fines that had been imposed against Reinaldo Delgado & Lourdes Nunez (Case No, CE03080209) and H. Marshall Golnick (Case No. CE03040140) and authorized the County Attorney's Office to negotiate settlements, if appropriate, in each case. Board granted approval and authorized execution of a Settlement Agreement between Monroe County and Sylvia Fuller to settle her code enforcement lien in Case No. U7-00-1131. Board granted approval and authorized execution of a Settlement Agreement between Monroe County and Mark Otto to resolve his code enforcement lien in Case No. 00-AFB-14. Board granted approval to advertise an Ordinance correcting Monroe County Code of Ordinances referring to repealed statutes and County Ordinances; repealing Ordinances or portions thereof that have become obsolete or superseded by statute or more subsequently adopted Ordinances; providing that the repeal of any Ordinance or portion thereof shall not revive any earlier Ordinance; providing that the repeal of any Ordinance or portion thereof shall not affect any fee or penalty due on the effective date of repeal and shall not affect the validity of any bonds outstanding on the date of repeal; and providing an effective date. Board granted approval of a Settlement Agreement in the case of Mary Quinn v. James Roberts, Monroe County Administrator, individually and in his official capacity, Case No. 96-10 134-CIV -PAINE. Board granted approval and authorized execution of a Release of Tax Lien for the non-payment of the Special Assessment for Garbage and Trash Collection and Disposal against Joseph and Delores Mastrangelo recorded at Book 1115, Page 909 of the Official Records of Monroe County. Board granted approval ofa Supplemental $150,000 budget request for FY 2004 for outside legal fees and costs (Cost Center 67501, Line 530318). Board granted approval a Settlement Agreement in CDI Investments, Inc. d/b/a Sombrero Resort and Lighthouse Marina v. Monroe County, DOAH, 04-1450. 06/16/2004 2004/142 Board granted approval and authorized execution of a Settlement Agreement in Monroe County v. David H. Cole, Estate and David Cole, Jr., Case No. 44-2003-CA-627-P. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Reggie Paros, Public Safety Division Director addressed the Board, After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval for Florida Coastal Airlines (FCA) to continue operating at Florida Keys Marathon Airport on a month-to-month basis and approval to waive all associated and/or related airport fees for the time period until November 15, 2004. Motion carried unanimously. Peter Horton, Monroe County Airports Director also addressed the Board. Motion was made by Mayor Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of a Suncom Network Services Agreement between Monroe County and the State of Florida Technology Office (This new suncom network services agreement is for the County to order and disconnect services with the State of Florida Technology Office and reconfirms our payment agreement). Motion carried unanimously. County Administrator James Roberts, and Community Services Director Jim Malloch addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of a Consortium Agreement creating the South Florida Employment and Training Consortium (SFETC)between and Monroe County, Miami-Dade County, the City of Miami, the City of Hialeah, and the City of Miami Beach. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Board discussed approval of one (1) "At Large" appointment to the Tourist Development Council District III Advisory Committee. Bettye Chaplin addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table the item to the next Board meeting in Key West (July 14, 2004). Roll call vote was unammous, The Mayor discussed his item concerning direction to the Tourist Development Council (TDC) on news releases and public information. Lynda Stuart, Tourist Development Council Office Manager addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to allow the TDC to disseminate public information for the benefit of the County, the Commission and the TDC as a public authority. Roll call vote was unammous. 06/16/2004 2004/143 STAFF REPORTS Dave Koppel, County Engineer updated the Board on the status of the proposed Medical Examiner's Facility on Crawl Key. Mr. Koppel also discussed issues concerning the sewer extension for the Hurricane Hole Marina on Stock Island. Timothy McGarry, Growth Management Director updated the Board concerning changes occurring in the City of Marathon on proposed amendments to the Ordinance for definition changes concerning hotel rooms. Mr. McGarry discussed status of the Comprehensive Plan and the LDR Draft Rule by the Governor and Cabinet. PUBLIC WORKS Mr. Koppel and Chief Judge Richard Payne addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval to amend the Capital Projects Plan to provide funding for the New Judicial Building. Motion carried unanimously. MANAGEMENT SERVICES Sheila Barker, Management Services Director reported to the Board on Article V local option costs and request for the Board to provide direction to staff regarding the Fiscal Year 2005 budget for these items; and to approve an additional Cost Center for residual costs as certified by the Chief Judge in accordance with Section 29.008 Article V of the Florida Constitution. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of the item. Motion carried unanimously. Danny L. Kolhage, Clerk of Court addressed the Board. DIVISION OF GROWTH MANAGEMENT Marlene Conaway, Director of Planning and Environmental Resources briefed the Board on proposed acquisition priorities for upland native habitat areas not included in the proposed moratorium as requested by the Board. This matter was referred to Staff MISCELLANEOUS ITEM Commissioner McCoy discussed his recent attendance at a workshop in Atlanta relating to Architecture, Engineering and Homeland Security. 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 Councilman John Cromartie, representing the City of Layton, 06/16/2004 2004/144 Commissioner George Neugent, Commissioner Dixie Spehar, Vice-Chairman David P. Rice and Chairman Kevin Madok, representing the City of Layton. Motion was made by Commissioner Neugent and seconded by Vice-Chairman Rice granting approval and authorizing execution of a Contract Amendment between Monroe County, the Board of Governors Fire and Ambulance District I and Advanced Data Processing, Inc. for rescue ambulance billing and related professional services to extend the existing agreement for ten (10) months, September 1, 2004 through June 30,2005, which would allow parties sufficient time to work out future contractual issues. Motion carried unanimously. There being no further business, the meeting of the Board of Governors was adjourned. * * * * * * CLOSED SESSION A Closed session was held between the Board and County Administrator's collective bargaining team concerning collective bargaining negotiations between the County and the International Association of Firefighters, Professional Firefighters of Monroe County, Local 3909. The Session was closed and exempt from the provisions of Section 286.011, F. S. as authorized by Section 447.605(1), F. S. W ASTEW A TER ISSUES Commissioner McCoy, as wastewater liaison, reported on the status of wastewater issues/ projects. Commissioner McCoy also discussed Boot Key water re-use. Motion was made by Commissioner McCoy and seconded by Commissioner Rice to adopt the following Resolution rescinding Resolution No. 166-2004, and authorizing a transfer ofreal property to the Florida Keys Aqueduct Authority for purposes of establishing a wastewater treatment facility on Conch Key. Motion carried unanimously. RESOLUTION NO. 226A-2004 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT The Board was provided with the written Growth Management Litigation Report from Attorney Derek V. Howard, Esq. of the firm Morgan & Hendrick, dated June 14,2004. George Garrett, Marine Resources Director discussed the capital and annualized costs associated with the acquisition of a wastewater pump-out vessel for use in the Key Largo area. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy authorizing Staff to budget this item in Fiscal Year 2004/2005 through grant money for 06/16/2004 2004/145 acquisition of the wastewater pump-out vessel and budget funds for additional personnel costs. The County Administrator addressed the Board. Roll call vote was unanimous. COMMISSIONERS' ITEMS Mayor Nelson briefed the Board on contract negotiations with David Bullock who was selected as the new County Administrator at the June 9,2004 Special BOCC meeting. No official action was taken by the Board. COMMISSIONERS' ITEMS/COUNTY ADMINISTRATOR The Board discussed the following two items: Mayor Nelson's item concerning approval to direct Staff to offer a reduced amount to the owner of commercial property located in Big Pine for the benefit of Habitat for Humanity. Approval to spend an additional $10,000 for due diligence activities for the purchase of the D & J Industries building on Big Pine Key. Alicia Putney addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the above items. Motion carried unanimously. Mark Rosch, Land Authority Director and Dave Koppel, County Engineer addressed the Board. Motion carried unanimously. AIRPORTS Peter Horton, Airports Director addressed the Board. Michael W. Mooney, Senior Vice President of The Boyd Group Aviation Consulting & Forecasting made a presentation of the document entitled Air Service Potential at Marathon, Florida, dated June, 2004. Dean Forest, CEO representing Florida Coastal Airlines, Inc. addressed the Board. COMMISSIONERS' ITEMS Sergeant Daryl Hull, of the Monroe County Sheriff's Office and representing the Fraternal Order of Police, Lodge 028 made a presentation to the Board concerning the request by the FOP regarding the proposed pay plan for deputy sheriffs and sergeants of the Monroe County Sheriff's Office. Sheriff Richard D. Roth and M. 1. Neel addressed the Board. No official action was taken by the Board. DIVISION OF GROWTH MANAGEMENT The following individuals addressed the Board concerning the possible settlement agreement in the case of Industrial Communications and Electronics vs. Monroe County regarding the proposed 1,000 foot communications tower in Cudjoe Key: Attorney David Paul Horan, 06/16/2004 2004/146 representing Industrial Communications and Electronics; Philip McGann, Dennis Henize, representing Last Stand; Kathryn Wheeler, representing Big Pine Key Civic Association; Sheriff Richard D. Roth; Lee Rohe, Alicia Putney, and Mark Hedden, representing Florida Keys Audobon Society. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to continue the item to the next meeting in Key West (July 14, 2004). Roll call vote was unammous. PUBLIC HEARINGS 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 ofa "No Anchor Zone," to create the definition Sec. 5.5-1(k) ofa "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; and Providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Richard Lancaster, representing Hammer Point Owners Association; Attorney Edgar Belaval, representing the Ortega Family; Ralph Madio, Efrain Fonseca, Pedro Fontelson, Marc A. Osheruff, and Jose A. Ortega. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 015-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance declaring that an emergency exists and waiving notice by a four-fifths vote; amending the Monroe County Code by adding a Section to Chapter 2, Art. XXVII, to be numbered Section 2-605; providing for imposition of additional court costs in criminal cases; providing for allocation of funds received from additional court costs; providing for repealer; severability, inclusion in the Monroe County Code, modifications that may arise from consideration at public hearing; 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. 016-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance declaring that an emergency exists and waiving notice by a four-fifths vote; amending the Monroe County Code by adding a Section to Ordinance by the Board of County Commissioners of Monroe County amending the Monroe County Code by adding a Section to Chapter 2, Art. XXVI, to be numbered Section 2-604; providing for imposition of a surcharge on certain traffic violations; providing for allocation of funds received from the surcharge to fund state court facilities; providing for repealer, severability, inclusion in the Monroe County Code, modifications that may arise from consideration at Public Hearing; and providing for an effective date. There was no 06/16/2004 2004/147 public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 017-2004 Said Ordinance is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item to review and discuss with City Councilmember Randy Mearns the possibility of establishing a Convention and Visitors Bureau for Greater Marathon. The following individuals addressed the Board: Councilman Randy Mearns, representing the City of Marathon; Jim Rhyne, representing the Marathon Hospitality Association; Bettye Chaplin, Richie Moretti, representing Marathon Old Town Merchants; Joe Lathrop, representing Greater Marathon CVB; Ursula Bole, Vice President of Sales & Marketing of Hawk's Cay Resort; and Tom Cherniavsky, representing the Florida Hotel/Motel Association. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent that the County Commission chair a workshop with the TDC, the City of Marathon, and all pertinent parties to discuss the issue. Roll call vote was unanimous. Commissioner Rice discussed his item concerning City of Marathon solid waste issues. Councilman Randy Mearns, representing the City of Marathon addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to table the item to the Key West meeting (July 14, 2004). County Attorney Richard Collins addressed the Board. Roll call vote was unanimous. Commissioner Spehar discussed her item concerning a presentation of the proposed Health Insurance Trust Fund by Dr. Mark Szurek, the Executive Director of the Rural Health Network of Monroe County, Florida, Inc. Keith Douglas, representing the Rural Health Network addressed the Board on behalf of Dr. Szurek who was not present. COMMUNITY SERVICES Dr. Susana May, representing the Department of Health addressed the Board concerning approval of Pet Friendly Shelters for the Special Needs Clients located in five shelters throughout Monroe County and one Pet Friendly Special Needs Shelter in Dade County, location to be determined. Mr. Collins addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to table the item to the Key West meeting (July 14,2004). Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held concerning adoption of a Resolution to amend the Clerk's Revenue Note, Debt Fund, #206, for the Fiscal Year ending September 30,2004. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. 06/16/2004 2004/148 RESOLUTION NO. 227-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance designating the boundaries of Conservation and Natural Areas; adopting an interim moratorium deferring ROGO and NROGO Allocations in areas of two 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. Tim McGarry, Growth Management Director addressed the Board and suggested language revising Section 5. The Board accepted public input with the following individuals addressing the Board: Alicia Putney, Glenn Patton, representing Port Largo Homeowner Association and Key Largo Federation of Homeowner Association; Burke Cannon, and George Wilson, representing owners in SR zoned subdivisions. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Ordinance, as amended. Said additional language is listed under Section 5; as follows: "For purposes of calculating patch size, no public or private road shall be included in the calculation of the two-acre minimum patch size, nor shall it be deemed to break the contiguity of the patch." Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Rice No Commissioner Spehar Yes Commissioner McCoy Yes Mayor Nelson Yes Motion carried. ORDINANCE NO. 018-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of an Ordinance amending Sections 9.5-119 and 9.5-346, Monroe County Code; Revising requirements for restoration oflands cleared without benefit of permit or beyond scope of a permit; Deleting transplantation requirements and substituting with requirements for payment into the Monroe County Environmental Land Management and Restoration Fund; Providing for the 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. Mr. McGarry addressed the Board and discussed additional language to the ordinance recommended by the Planning Commission. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Ordinance, as amended. Said additional language is listed under Section 3; as follows: 06/16/2004 2004/149 "(c) Where clearing is done without benefit of a permit or where clearing exceeds the permitted amount of square feet by more than ten (10) percent, no permits shall be issued for the property for a period of three (3) years from the date of the final inspection of the restoration work as described in (d) below, except for the permit required to complete the restoration work and any permit exclusively limited to addressing imminent risks to property and public health and safety." Roll call vote was unanimous. ORDINANCE NO. 019-2004 Said Ordinance is incorporated herein by reference. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item concerning necessary action to be taken to preserve and protect Teen Court from dissolution. The County Attorney and the Sheriff addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table the item. Roll call vote was unanimous. Commissioner Neugent discussed his item to request funding by the Board for the striping of a two (2) mile sidewalk/bike path on the Old Long Key Bridge to be exhibited as a demonstration project to address user conflicts between fishermen, pedestrians, and bikers and to identify an area that must remain open and unobstructed for passageway. Debra Stuckey, representing the Florida Department of Protection Office of Greenways and Trails addressed the Board. No official action was taken by the Board. Commissioner McCoy discussed approval for Louis LaTorre to attend the NACO Annual Conference in Phoenix, Arizona July 16-20,2004. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to table the item. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Rice Yes Commissioner Spehar No Commissioner McCoy No Mayor Nelson No Motion failed. The County Administrator addressed the Board. Motion was then made by Commissioner McCoy and seconded by Commissioner Spehar granting approval for Louis LaTorre to attend the NACO Annual Conference in Phoenix, Arizona July 16-20, 2004. Roll call vote was taken with the following results: Commissioner Neugent No Commissioner Rice No 06/16/2004 2004/150 Commissioner Spehar Commissioner McCoy Mayor Nelson Yes Yes Yes Motion carried. Commissioner Rice excused himself from the remainder of the meeting. COUNTY ATTORNEY The Board was provided with written copies of memorandums from Assistant County Attorney Bob Shillinger, dated June 9,2004 concerning the June 2004 Litigation Report; and Assistant County Attorney Suzanne Hutton, dated June 9, 2004 concerning the Recap of Services provided May 2004. Brett Unke addressed the Board. Assistant County Attorney Pedro Mercado presented the Board with a Settlement Offer from Brett Unke to resolve his code enforcement lien. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval, per Staff recommendation, that Mr. Unke pay at least a one day fine plus the $100.00 in costs for a total of$600.00. Motion carried unanimously, with Commissioner Rice not present. Mr. Unke addressed the Board a second time. Richard Collins, County Attorney addressed the Board. Assistant County Attorney Pedro Mercado presented the Board with a settlement offer from Scott and Victoria Curry to settle a code enforcement lien imposed against their property. The County Attorney addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent to table the item. Roll call vote was unanimous. 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 ~aLJ. ~. 1fJFI~ Isabel C. DeSantis, Deputy Clerk