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10/20/2004 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2004/23 5 Regular Meeting Board of County Commissioners Wednesday, October 20, 2004 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Harvey Government Center at Historic Truman School. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner David P. Rice, and Mayor Murray E. Nelson. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Bob Shillinger, Assistant 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. COUNTY ADMINISTRATOR Motion was made by Commissioner Spehar and seconded by Commissioner Rice to table Agenda item P.9 concerning the consideration of the gas tax issue as presented September 2004 and tabled by the BOCC. Motion carried unanimously. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of the Florida Keys Council for People with Disabilities Award to the Key West Pedestrian Action Committee. Presentation of the Florida Keys Council for People with Disabilities Award to the Southernmost Community Traffic Safety Team. Proclamation to declare November, 2004 as National Epilepsy Awareness Month in Monroe County. Proclamation to declare October, 2004 as Down Syndrome Awareness Month in Monroe County. 10/20/2004 2004/23 6 Proclamation to declare November 7 through November 13, 2004 as Just 4 Kids Week. Presentation of a Mayor's Proclamation in support of the countywide relief effort to bring help to the impoverished people of Haiti because of the vast destruction to Hurricane Jeanne. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner McCoy granting approval of the following items by unanimous consent: Board granted approval to remove surplus equipment from inventory via disposal. Said list is incorporated herein by reference. Board granted approval and authorized execution of a Contract Addendum between Monroe County, acting as the governing board for the Municipal Services Taxing District 6, and Key Largo Volunteer Fire Department, Inc. amending the vehicle allowance to $550.00 per month. Board adopted the following Resolution authorizing each participant in the Length of Service Awards Program (LOSAP) to be credited with an additional year of service. RESOLUTION NO. 351-2004 Said Resolution is incorporated herein by reference. Board granted approval to purchase one Pierce Custom Saber Pumper for Big Pine Fire Station, through "piggy -backing" bid 99-150 of Lake County, Florida at a purchase price of $328,261.00, plus a 5% contingency amount of $16,413.00 to cover any changes during construction/manufacturing process, and approval to issue a Purchase Order to Pierce Manufacturing, Inc. for same. Board accepted the Monroe County Florida Volunteer Firefighter and Emergency Medical Services Length of Service Award Plan, Actuarial Report, dated January 1, 2004 for the Plan Year 2004. Board granted approval to establish a special annual parking pass rate of $365.00 at the Key West International Airport. Board granted approval and authorized execution of a Contract between Monroe County and Community Asphalt Corporation for Cargo Apron resurfacing at the Florida Keys Marathon Airport. Board granted approval to extend the Contract between Monroe County and Gail Holley d/b/a Birds of Paradise Cleaning Service to provide janitorial services at the Florida Keys Marathon Airport on a month -to -month basis, effective November 1, 2004, at a rate of $411.36 per week. 10/20/2004 2004/237 Board granted approval of Republic Parking System operating budget, for the period November 1, 2004, through October 31, 2005, for parking management at the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 04/05-04 between Monroe County and URS to provide services as Airport Noise Program Coordinator, for the Key West International Airport. Board granted approval of award of bid to Comfort Tech Air Conditioning, Inc., for Attachment "A" Schedule of Bid Items II -AC Units, in the amount of $47,990.00, for the Customs Building project at the Key West International Airport. Board granted approval and authorized execution of a Construction Contract between Monroe County and Koch Corporation for the Noise Insulation Program, Phase 3 construction, for the Key West International Airport. Board granted approval and authorized execution of Change Order No. 2 between Monroe County and H.I.P.P. Industries, Inc. for the Noise Insulation Program Phase 2 construction, for the Key West International Airport. Board granted approval and authorized execution of Purchase/Service Order No. 04/05-02 between Monroe County and URS for Disadvantaged Business Enterprise Plan Implementation, for the Key West and Marathon Airports. Board granted approval and authorized execution of a Sewer Utility Easement between Monroe County and the City of Key West for a 10 foot easement in favor of the City through a section of the Key West International Airport property, and recording of same. Board granted approval and authorized execution of Supplemental Lease Agreement No. 2, to Lease No. GS-0413-42843, for Transportation Security Administration office space at the Key West International Airport. Board adopted the following Resolutions concerning Transfer of Funds and Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 352-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 353-2004 Said Resolution is incorporated herein by reference. 10/20/2004 2004/23 8 Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 354-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 355-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO.356-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 357-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 358-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 359-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 360-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 361-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 362-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 363-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 364-2004 Said Resolution is incorporated herein by reference. 10/20/2004 2004/239 Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 365-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 366-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 367-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 368-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO.369-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 370-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO.371-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 372-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO.373-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO.374-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 375-2004 Said Resolution is incorporated herein by reference. 10/20/2004 2004/240 Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO.376-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO.377-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 29). RESOLUTION NO. 378-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO.379-2004 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 31). RESOLUTION NO. 380-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO.381-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO.382-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 383-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO.384-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO. 385-2004 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 386-2004 Said Resolution is incorporated herein by reference. 10/20/2004 2004/241 Board granted approval and authorized execution of the Certificates of Acceptance of Subgrant Awards between Monroe County and the Florida Department of Law Enforcement for the following Edward Byrne Formula Grant Programs FY2005: Monroe Youth Challenge Program 4, Grant No. 05-CJ-K3-11-54-01-082, in the total amount of $60,000.00; Peacock Apartments Dual Diagnosed Offender Program 3, Grant No. 05-CJ-K3-11-54-01-080, in the total amount of $51,504.00; Family Treatment Drug Court Program 1, Grant No. 05-CJ-K3-11-54-01-081, in the total amount of $71,764.00; Boys & Girls Club Street S.M.A.R.T. Gang Prevention 4, Grant No. 05-CJ-K3-11-54-01-083, in the total amount of $53,894.00. Board granted approval and authorized execution of the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds Agreements FY 2005 between Monroe County for the following: Boys and Girls Club, in the total amount of $53,894.00; The United States Fellowship of Florida d/b/a Peacock Apartments, in the total amount of $51,504.00; Monroe County Education Foundation, in the total amount of $60,000.00; Care Center for Mental Health, in the total amount of $71,764.00. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Stand Up for Animals, Inc. to increase the hours and days of operation at the Big Pine Animal Shelter. Increasing the hours and days of operation to 10:00 a.m. to 2:00 p.m. Tuesday through Saturday, in lieu of 9:00 a.m. to 12:00 p.m. Wednesday through Saturday. Board granted approval and authorized execution of an Agreement between Monroe County and the City of Key West to provide a parking area for County employees on Truman Waterfront during the construction of the New Judicial Building at Jackson Square. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and to reside in the trailer located at for an amount of rent and utilities totaling $425.00 a month. Board granted approval and authorized execution of a Residential Lease for Law Enforcement Officer between Monroe County and to reside in for an amount of rent and utilities totaling $425.00 a month. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Mowrey Elevator Service, Inc. for complete elevator service and maintenance for all Monroe County's elevators. Board granted approval to rescind Renewal Agreement between Monroe County and Synagro Southeast, Inc. as approved on September 21, 2004, and enter into a modified renewal Agreement for operation and maintenance of the wastewater treatment plant at the Plantation Key Government Complex. 10/20/2004 2004/242 Board acknowledged receipt of monthly report on Change Orders reviewed by the County Administrator. Board granted approval to award bid and authorized execution of a Standard Form of Agreement between Monroe County and Tropex Construction Service, Inc. for the renovation of Tavernier Fire Station No. 22. Board granted approval of the filing of the FY 2004-2005 State Aid to Libraries Grant Application (file by October 1, 2004) and authorized execution of the State Aid to Libraries Grant Agreement between Monroe County and Florida Department of State, Division of Library and Information Services to receive State Financial Aid. Board granted approval and authorized execution of the Nutrition Services Incentive Program (NSIP) (formerly USDA) 2004-2005 Contract No. US-551 between Monroe County and the Alliance for Aging, Inc., to reimburse Monroe County Nutrition Program for meals provided to older adult clients over 60 years old in the county who receive meals at the Congregate Nutrition Sites or home -delivered meals. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Mel Fisher Maritime Heritage Society, Inc. to extend Agreement with stipulation. Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and Key West Film Society, Inc. for the conclusion of construction and equipping of two -screen Tropic Cinema theater and community cultural center, including marquee signage, multipurpose room, ticket booth, theatrical lighting grid, bulb -out bicycle parking area and upgrading to digital satellite project in an amount not to exceed $117,355, FY 2005, DAC I Capital Projects. Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and the City of Key West for improvements to the McCoy Indigenous Park bird habitats to better serve the injured birds rehabilitated at the facility; overall ADA improvements to the park alleyways in the butterfly garden, pond and bird enclosure areas to also serve to allow bird waste to be processed by the sewer system project located at McCoy Indigenous Park in an amount not to exceed $127,000, FY 2005, DAC I, Third Penny Capital Resources. Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and Florida Keys Community College, Tennessee Williams Theatre for the construction costs related to lobby expansion/renovation segment; porte cochere/covered entrance segment; landscaping, architectural, engineering and construction management fees in an amount not to exceed $400,000, FY 2005, DAC I Third Penny, Capital Resources. 10/20/2004 2004/243 Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and Key West Harry S. Truman Foundation, Inc. for replacement and upgrade of HVAC system with a single energy efficient unit with humidity controls; enclose second story porch above poker porch to prevent water intrusion during storms; install UV-reduction/high impact resistant glazing film and install hurricane tie downs to roof supports at the Harry S. Truman Little White House, 111 Front Street, Key West, Florida in the amount of $72,500, FY 2005, DAC I, Third Penny Capital Resources. Board granted approval and authorized execution of the Fishing Umbrella Funding Agreements between Monroe County and the following: Betty Bauman covering Ladies, Let's Go Fishing on October 16, 2004 in an amount not to exceed $2,500, Two Penny Fishing Umbrella Funding; Islamorada Charter Boat Association, Inc. covering the Islamorada Sailfish Tournament on December 2-5, 2004 in an amount not to exceed $6,000, Two Penny Fishing Umbrella Funding; Jack Curlett covering the Ocean Reef BTU Backbone Classic on December 6-8, 2004 in an amount not to exceed $4,000, Two Penny Fishing Umbrella Funding; Tammie Gurgiolo covering the Don Gurgiolo Sailfish Classic on December 10-12, 2004 in an amount not to exceed $2,800, Two Penny Fishing Umbrella Funding; Tammie Gurgiolo covering the Islamorada Junior Sailfish Tournament on December 17-19, 2004 in an amount not to exceed $1,600, Two Penny Fishing Umbrella Funding; Captain Tom Hamilton covering the Key Largo Sailfish Challenge on June 7-9, 2005 in an amount not to exceed $4,000, Two Penny Fishing Umbrella Funding; Daniel Greg Gore covering the 2nd Annual John Muscarello Kingfish Tournament on January 15-17, 2005 in an amount not to exceed $1,500, Two Penny Fishing Umbrella Funding; Murray Marine, Inc. covering the Hogs Breath King Mackerel Tournament on January 21-23, 2005 in an amount not to exceed $12,000, Two Penny Fishing Umbrella Funding; Holiday Isle Resort & Marina covering the 20th Annual Holiday Isle Sailfish Tournament on January 14-16, 2005 in an amount not to exceed $3,325, Two Penny Fishing Umbrella Funding; Tammie Gurgiolo covering the Islamorada Women's Sailfish Tournament on February 4-6, 2005 in an amount not to exceed $2,000, Two Penny Fishing Umbrella Funding; Captain Terry Fisher covering the 7th Annual Capt. Leon Shell Memorial Billfish Tournament on February 18-19, 2005 in an amount not to exceed $7,000, Two Penny Fishing Umbrella Funding; Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament between March 2005 and November 2005 in an amount not to exceed $43,475, Two Penny Fishing Umbrella Funding; Charlotte Ambrogio covering the Del Brown Invitational Permit Tournament on March 8-11, 2005 in an amount not to exceed $2,500, Two Penny Fishing Umbrella Funding; Jim Boker covering the Islamorada All -Tackle Spring Bonefish Tournament on March 15-18, 2005 in an amount not to exceed $2,000, Two Penny Fishing Umbrella Funding; Dove Creek covering Ghost Hunt on April 1-2, 2005 in an amount not to exceed $5,000, Two Penny Fishing Umbrella Funding; The Redbone, Inc. covering the Mercury Redbone @ Large Sunset Tarpon Tournament on April 2-3, 2005 in an amount not to exceed $5,000, Two Penny Fishing Umbrella Funding; Executive Adventures, Inc. covering the World Sailfish Championship on April 11-16, 2005 in an amount not to exceed $33,325, Two Penny Fishing Umbrella Funding; David M. Navarro covering the 29th Annual Ladies Tarpon Tournament on April 23-24, 2005 in an amount not to exceed $5,000, Two Penny Fishing Umbrella Funding; The Redbone, Inc. covering the Key West Classic on April 27-30, 2005 in an amount not to exceed $18,475, Two Penny Fishing Umbrella Funding; David M. Navarro covering the 39th Annual Marathon International Tarpon 10/20/2004 2004/244 Tournament on May 5-7, 2005 in an amount not to exceed $7,000, Two Penny Fishing Umbrella Funding; Phoenix Programs of Florida, Inc. covering the Phoenix House Fishing Tournament on May 12-15, 2005 in an amount not to exceed $2,500, Two Penny Fishing Umbrella Funding; Charlotte Ambrogio covering the Islamorada Tarpon Rodeo on May 13-15, 2005, in an amount not to exceed $2,000, Two Penny Fishing Umbrella Funding; Coconuts Restaurant covering the Coconuts Dolphin Tournament on May 20-22, 2005 in an amount not to exceed $13,000, Two Penny Fishing Umbrella Funding; Clear Channel Radio covering the Dolphin Masters Invitational on May 28, 2005 in an amount not to exceed $1,500, Two Penny Fishing Umbrella Funding; Lower Keys Chamber of Commerce covering the Big Pine and Lower Keys Dolphin Tournament on June 3-5, 2005 in an amount not to exceed $8,000, Two Penny Fishing Umbrella Funding; Charlotte Ambrogio covering the Don Hawley Invitational Tarpon Tournament on June 5-10, 2005 in an amount not to exceed $2,000, Two Penny Fishing Umbrella Funding; Charlotte Ambrogio covering the Gold Cup Tarpon Tournament on June 19-24, 2005 in an amount not to exceed $2,000, Two Penny Fishing Umbrella Funding; John Stuempfig covering the Key West Gator Club Dolphin Derby on June 24-26, 2005 in an amount not to exceed $6,000, Two Penny Fishing Umbrella Funding; Burdines Waterfront covering the Burdines Waterfront Dolphin & Black Fin Tuna Fun Fishing Tournament on June 24-26, 2005 in an amount not to exceed $5,000, Two Penny Fishing Umbrella Funding; Conch Republic Seafood Company covering the Conch Republic Ladies Dolphin Championship on July 2, 2005 in an amount not to exceed $1,500, Two Penny Fishing Umbrella Funding; Holiday Isle Resort & Marina covering the Holiday Isle/Caribee 21st Dolphin Tournament on July 8-10, 2005 in an amount not to exceed $3,325, Two Penny Fishing Umbrella Funding; Betty Bauman covering the Ladies, Let's Go Fishing at the Reef on July 17, 2005 in an amount not to exceed $2,500, Two Penny Fishing Umbrella Funding; Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament on July 20-23, 2005 in an amount not to exceed $18,475, Two Penny Fishing Umbrella Funding; The Redbone, Inc. covering the Mercury Redbone @ Large Little Palm Island Grand Slam on August 17-18, 2005 in an amount not to exceed $4,500, Two Penny Fishing Umbrella Funding; The Redbone, Inc. covering the Mercury Redbone Celebrity S.L.A.M. on September 9-11, 2005 in an amount not to exceed $15,000, Two Penny Fishing Umbrella Funding; Patrick Dorsy covering the Islamorada Invitational Fall Fly Bonefish Tournament on September 20-23, 2005 in an amount not to exceed $2,000, Two Penny Fishing Umbrella Funding; The Redbone, Inc. covering the Mercury Redbone Celebrity Baybone Tournament on September 30-October 2, 2005 in an amount not to exceed $10,000, Two Penny Fishing Umbrella Funding; Charlotte Ambrogio covering the Mercury Outboards Bonefishing World Championship on October 10-14, 2005 in an amount not to exceed $2,000, Two Penny Fishing Umbrella Funding; The Redbone, Inc. covering the Mercury Cheeca/Redbone Celebrity Tournament on December 2-4, 2005 in an amount not to exceed $5,700, Two Penny Fishing Umbrella Funding. Board granted approval and authorized execution of the Cultural Umbrella Funding Agreements between Monroe County and the following: Tennessee Williams Fine Arts Center Founders' Society, Inc. covering the Founders Society 25th Anniversary of Sterling Performances in an amount not to exceed $19,000, FY 2005 Two Penny Cultural Umbrella Resources; Island Opera Theatre of the Florida Keys, Inc. covering the Island Opera Theatre Concert Series between October 2004 and September 2005 in an amount not to exceed $19,000, FY 2005 Two Penny Cultural Umbrella Resources; Key Players, Inc. covering the Key Players, Inc. 2004/2005 10/20/2004 2004/245 I Season between October 2004 and September 2005 in an amount not to exceed $25,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West Players d/b/a Waterfront Playhouse covering the Key West Players d/b/a Waterfront Playhouse between October 1, 2004 and September 30, 2005 in an amount not to exceed $15,000, FY 2005 Two Penny Cultural Umbrella Resources; Marathon Community Theatre, Inc. covering the Marathon Community Theatre Season 2004/2005 in an amount not to exceed $23,349, FY 2005 Two Penny Cultural Umbrella Resources; Red Barn Actors Studio, Inc. covering the Red Barn Theatre/Live Theatre in an amount not to exceed $20,000, FY 2005 Two Penny Cultural Umbrella Resources; Mel Fisher Maritime Heritage Society covering the "Sunken Treasure - 20 Years Later" between October 1, 2004 and September 30, 2005 in an amount not to exceed $20,000, FY 2005 Two Penny Cultural Umbrella Resources; South Florida Center for the Arts covering the Annual Benefit Concert, Historic Holiday Candle Walk, Upper Keys Concert Series and the St.Patrick's Concert between November 2004 and March 2005 in an amount not to exceed $25,000, FY 2005 Two Penny Cultural Umbrella Resources; Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Outdoor Art Festival between November 2004 and April 2005 in an amount not to exceed $12,500, FY 2005 Two Penny Cultural Umbrella Resources; Florida Keys Community College covering the Florida Keys Community College "Keys Chorale" Concert Series in an amount not to exceed $6,918, FY 2005 Two Penny Cultural Umbrella Resources; Florida Keys Community Concert Band, Inc. between November 2004 and April 2005 in an amount not to exceed $10,595, FY 2005 Two Penny Cultural Umbrella Resources; Performing Art Centers for Key West covering the Tennessee Williams Theatre 2004-2005 Season between November 1, 2004 and May 30, 2005 in an amount not to exceed $19,000, FY 2005 Two Penny Cultural Umbrella Resources, Key West Council on the Arts covering Impromptu Concerts between November 2004 and July 2005 in an amount not to exceed $9,000, FY 2005 Two Penny Cultural Umbrella Resources; Troid Brett covering the Blue Sky Art & Craft Show on November 21, 2004 and Rites of Spring Art & Craft Show on March 13, 2005 in an amount not to exceed $3,200, FY 2005 Two Penny Cultural Umbrella Resources; Marathon Garden Club, Inc. covering the 8th Annual Christmas Exhibit during December 2004 in an amount not to exceed $4,000, FY 2005 Two Penny Cultural Umbrella Resources; Old Island Restoration Foundation, Inc. covering the 2004-2005 Season Events - 45th Annual Key West House and Garden Tours and 43rd Annual Conch Shell Blowing Contest between December 2004 and March 2005 in an amount not to exceed $11,918, FY 2005 Two Penny Cultural Umbrella Resources; Key West Playwrights Company covering the Key West Playwrights Company between December 2004 and March 2005 in an amount not to exceed $6,918, FY 2005 Two Penny Cultural Umbrella Resources; Key West Symphony Orchestra, Inc. covering the Key West Symphony between December 2004 and June 2005 in an amount not to exceed $20,000, FY 2005 Two Penny Cultural Umbrella Resources; The Middle Keys Concert Association, Inc. covering the Middle Keys Concert Season between January 2005 and March 2005 in an amount not to exceed $6,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West Literary Seminar, Inc. covering the 23rd Annual Key West Literary Seminar: Humor, on January 6-16, 2005 and the 24th Annual Key West Literary Seminar: The Literature of Adventure, Travel & Discovery on January 5-8, 2006 in an amount not to exceed $13,917, FY 2005 Two Penny Cultural Umbrella Resources; San Pedro Women's Guild of the Keys, Inc. covering the Art Under the Oaks on January 15, 2005 in an amount not to exceed $2,000, FY 2005 Two Penny Cultural Umbrella Resources; Sculpture Key West covering Sculpture Key West between January 16, 2005 and March 25, 2005 in an amount not to exceed $19,000, FY 2005 l 10/20/2004 J 2004/246 Two Penny Cultural Umbrella Resources; Key West Art Center, Inc. covering the Keyl West Craft Show on January 29-30, 2005 in an amount not to exceed $5,200, FY 2005 Two Penny Cultural Umbrella Resources; Pigeon Key Art Foundation covering the Pigeon Key Art Foundation on February 12-13, 2005 in an amount not to exceed $15,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West Art Center, Inc. covering the Old Island Days Art Festival on February 26-27, 2005 in an amount not to exceed $5,200, FY 2005 Two Penny Cultural Umbrella Resources; Harry S Truman Foundation, Inc. covering the Harry S. Truman Legacy Symposium: Quest for peace in the Middle East on May 19-20, 2005 (alternate date: May 20-21, 2005) in an amount not to exceed $6,918, FY 2005 Two Penny Cultural Umbrella Resources; Lower Keys Chamber of Commerce covering the 21 st Annual Underwater Music Festival on July 9, 2005 in an amount not to exceed $8,500, FY 2005 Two Penny Cultural Umbrella Resources; Key West Art & Historical Society covering the production of the Fishing, Friends and Family Hemingway in Key West, 1928-1939 in an amount not to exceed $20,000, FY 2005 Two Penny Cultural Umbrella Resources; Florida Keys Land and Sea Trust, Inc. covering the Florida Keys Birding and Wildlife Festival in an amount not to exceed $17, 817, FY 2005 Two Penny Cultural Umbrella Resources. Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and the Dolphin Research Center, Inc. for the renovation of existing waterfall, rebuild pond area with landscape boulders and plants & install pumps to operate system in an amount not exceed $25,000, DAC III, FY 2005, Capital Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts to provide additional funds. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Florida Keys History of Diving Museum, Inc. for the History of Diving Museum Development project. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering Key West Race Week 2005 on January 16-21, 2005 in an amount not to exceed $85,000, District I, Third Penny Event Resources. Board adopted the following Resolution transferring funds from TDC Emergency Resources to the TDC Advertising Campaign to cover post hurricane(s) recovery response advertising. RESOLUTION NO. 387-2004 Said Resolution is incorporated herein by reference. 10/20/2004 2004/247 DIVISION OF GROWTH MANAGEMENT Board granted approval of recommendations from the Selection Committee to select Corradino Group, Inc. to prepare the Stock Island and Key Haven/US 1 Corridor Enhancement Plan (approximately Mile Marker 4.2 to 6.0) and direct staff to enter into negotiations with the firm, if staff is unable to successfully negotiate a Contract with this firm, staff is authorized to re -advertise the RFQ as recommended by the Selection Committee. Board granted approval for the transfer of four buildable lots from Thomas Hickey to Monroe County by Warranty Deeds, Permit No. 02-2-3930 for properties described as Lot 16, Block 7, Ramrod Shores Marina Subdivision, Ramrod; Lot 24, Block 38, Pine Crest Subdivision, Big Pine Key; Lot 5, Block 1, Pamela Villa Subdivision, Key Largo; and Lot 16, Block 3, Summerland Beach Addition #2, Summerland Key. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2004, has filed the documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of two buildable lots from Edward G. & Donna R. Webb to Monroe County by Warranty Deed, Permit No. 02-3-5298, for properties described as Lot 1, Block 33, Sands Subdivision, Big Pine Key; and Lot 14, Block 5, Revised Plat of Torch Key Estates, Little Torch Key; and one buildable lot from Dean Parkinson for Edward G. & Donna R. Webb to Monroe County by Warranty Deed, Permit No. 02-3-5298, for property described as Lot 1, Block 19, 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 five buildable lots from Henry M. & Betsy B. Knoblock to Monroe County by Warranty Deed, Permit No. 04-3-1001, for properties described as Lots 26 & 27, Block 25, Amended Plat of Key Largo, Key Largo; Lot 13, Block 5, Palma Sola, Key Largo; and Lots 13 & 14, Block 6, Palma Sola, Key Largo; and one buildable lot from Dennis & Pamela Paquette for Henry M. & Betsy B. Knoblock to Monroe County by Warranty Deed, Permit No. 04-3-1001, for property described as Lot 6, Block 8, Revised Plat of Torch Key Estates, Little Torch 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 Pablo & Marianela Garcia to Monroe County by Warranty Deed, Permit No. 02-3-2212, for property described as Lots 12 & 13, 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 documents in accordance with Ordinance No. 47-1999. Board granted approval for the transfer of one buildable lot from Wayne H. & Barbara Brown to Monroe County by Warranty Deed, Permit No. 03-2-0661, for property described as Lot 11, Block 9, Koehn's Subdivision, Big Pine Key. The applicants are receiving a dwelling unit 10/20/2004 J 2004/248 allocation award for the year ending July 13, 2004, have filed the documents in accordance with Ordinance No. 47-1999. Board granted acceptance of the lowest responsive bidder and authorized execution of a Contract for Services between Monroe County and American Underwater Contractors, Inc. to install 135 nearshore idle speed buoys in the waters surrounding Islamorada, Village of Islands, for $57,448. Board adopted the following Resolution authorizing certain Code Enforcement Inspectors to issue citations for violations of the Monroe County Code for disposition in County Court (Dan R. Miller and Alfred H. Schmidt). RESOLUTION NO. 388-2004 Said Resolution is incorporated herein by reference. Board granted approval for one Restrictive Covenant from Marlin Holding, Inc. a Florida Corporation to have one dwelling unit on contiguous lots, Permit No. 02-3-3924, for property described as Lots 23 & 24, Block 19, Largo Sound Park, 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 one Restrictive Covenant from Michael Geide and Kelly Nuznoffto have one dwelling unit on contiguous lots, Permit No. 03-1-2416, for property described as Lots 9 & 10, Block 23, Cuthroat Harbor Estates, Cudjoe 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. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution adopting Amendment #1 to the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for State of Florida Fiscal Years 2001-2002, 2002-2003, 2003-2004. RESOLUTION NO.389-2004 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Board adopted the following Resolution limiting funding recommendations by Advisory Boards to no more than amounts requested by applicants. RESOLUTION NO. 390-2004 Said Resolution is incorporated herein by reference. i 10/20/2004 2004/249 i i Board granted approval of Commissioner Spehar's reappointment of Nance Frank to the Art in Public Places Committee to begin November 1, 2004 to November 1, 2008. Board granted approval of Commissioner Spehar's appointment of Jo Cooper to the Library Advisory Board to serve from October 1, 2004 to October 1, 2008, replacing Sylvia Barrett. Board adopted the following Resolution in recognition of the late Jack Tate Murray. RESOLUTION NO. 391-2004 Said Resolution is incorporated herein by reference. Board adopted the following Resolution in recognition of the late Dr. Otha Cox, Jr. RESOLUTION NO.392-2004 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Rice's reappointment of Sylvia Murphy to the Human Services Advisory Board to serve from October 20, 2004 to October 1, 2006. Board granted approval of Mayor Nelson's reappointment of Todd Firm to the Human Services Advisory Board for District V to serve from October 20, 2004 to November 1, 2006. Board granted approval of Mayor Nelson's reappointment of Maria Richardson to the Monroe County Library Advisory Board for District V to serve from October 20, 2004 to November 1, 2008. Board granted approval for the running of the 24th Annual 7-Mile Bridge Run for Saturday, April 23, 2005 from 7:00 a.m. to 9:00 a.m., contingent upon satisfaction of all County requirements. Board granted approval of Commissioner Neugent's reappointment of David Paul Horan to the Human Services Advisory Board with a term expiring November 1, 2006. Board granted approval of Mayor's Nelson's item to send a Thank You letter from the Board to President Bush in support of the 90/10 cost share for the Public Assistance Program for 2004 Hurricanes Charley, Frances, Ivan and Jeanne. Board granted approval of Mayor Nelson's item concerning an Agreement reached on October 13, 2004 by the Mayors of Key West, Marathon, Key Colony Beach, Layton, Islamorada and Monroe County regarding the division of the $10 million provided through the Department of Environmental Protection. COUNTY CLERK Board granted approval of the following Fine & Forfeiture Expenditures: 10/20/2004 2004/250 Competency Evaluation, Enrique Suarez, in the amount of $1,100.00; Sonia (Ruiz, in the amount of $1,000.00; Care Center for Mental Health, in the amount of $350.00; James W. Holbrook, EDD, in the amount of $850.00; The Counseling Associates, in the amount of $450.00. Court Reporting, Laws Reporting, in the amount of $75.00; Martin Leshaw, in the amount of $75.00. Witness Coordination, Witness Travel & Per Diem, in the amount of $11,003.93. Expert Witness, Gary Litman, in the amount of $470.00. Court Appointed Attorney Fees - Conflict, Charles Milligan, in the amount of $1,730.00; Fleming Law Firm, in the amount of $1,181.25; Gregory Davila, in the amount of $1,751.25; Halford Schuhmacher, in the amount of $3,126.76; James Nunn, in the amount of $6,194.25; Laurie Hall, in the amount of $1,102.50; Rayme Suarez, in the amount of $5,700.00; Stephen Isherwood, in the amount of $350.00; Timothy Nicholaas, in the amount of $2,443.75; Vernis & Bowling of the FL Keys, in the amount of $1,000.00. Miscellaneous Expenses, Martinez Lab, in the amount of $125.00; Affiliated Medical, in the amount of $50.00. Board granted approval of the following Warrants (5084-5174 & 10448-105557 & 207525-207598): General Fund (001), in the amount of $1,357,000.047; Fine & Forfeiture Fund (101), in the amount of $31,036.22; Road and Bridge Fund (102), in the amount of $49,741.06; TDC District Two Penny (115), in the amount of $247,421.49; TDC Admin. & Promo 2 Cent (116), in the amount of $188,922.92; TDC District 1, 3 Cent (117), in the amount of $276,357.58; TDC District 2, 3 Cent (118), in the amount of $29,344.10; TDC District 3, 3 Cent (119), in the amount of $54,205.97; TDC District 4, 3 Cent (120), in the amount of $463198.51; TDC District 5, 3 Cent (121), in the amount of $46,911.10; Gov. Fund Type Grants (125), in the amount of $257,762.27; Fire & Amb Dist 1 L&M Keys (141), in the amount of $67,538.50; Upper Keys Health Care (144), in the amount of $415.63; Fire & Amb Dist 6 Key Largo (146), in the amount of $54,128.46; Uninc Svc Dist Parks & Rec (147), in the amount of $40,739.43; Plan, Build, Zoning (148), in the amount of $46,001.27; Municipal Policing (149), in the amount of $214,365.32; 911 Enhancement Fee (150), in the amount of $124,306.56; Duck Key Security (152), in the amount of $11,810.40; Local Housing Assistance (153), in the amount $13,420.00; Boating Improvement Fund (157), in the amount of $23,873.02; Misc. Special Revenue Fund (158), in the amount of $17,788.17; Law Enforcement Trust (162), in the amount of $118,305.43; Marathon Municipal Service (166), in the amount of $3.02; Key Largo Wastewater MSTU (170), in the amount of $53,210.95; 1 Cent Infra Surtax (304), in the amount of $125,967.34; Clerks Rev Note, Capital (306), in the amount of $61,176.32; 2003 Revenue Bonds (307), in the amount of $40,264.59; Card Sound Bridge (401), in the amount of $105,796.63; Marathon Airport (403), in the amount of $81,386.09; Key West Intl. Airport (404), in the amount of $939,430.16; MSD Solid Waste (414), in the amount of $1,773,893.77; Worker's Compensation (501), in the amount of $46,321.16; Group Insurance Fund (502), in the amount of $130,598.62; Risk Management Fund (503), in the amount of $129,466.61; Fleet Management Fund (504), in the amount of $116,433.71. j 10/20/2004 2004/251 Board granted approval of the following Tourist Development Council Expenditures for the month of September 2004: Advertising, in the amount of $384,602.86; Bricks & Mortar Projects, in the amount of $53,808.48; Visitor Information Services, in the amount of $64,583.32; Events, in the amount of $76,025.79; Office Supplies & Oper Costs, in the amount of $98,538.46; Public Services, in the amount of $69,755.53; Public Relations, in the amount of $81,909.56; Sales & Marketing, in the amount of $42,993.05; Telephone & Utilities, in the amount of $11,241.81; Travel, in the amount of $5,902.81. Board granted official approval of the Board of County Commissioners Minutes from the Regular meeting of August 18, 2004 and Special meetings of August 11, 17 & 21, 2004 (previously distributed). Board granted approval of the Public Official Bond for Danny L. Kolhage, Clerk of Court in the amount of $5,000.00. COUNTY ADMINISTRATOR Board granted approval to remove three (3) printers from County inventory records, retroactive to September 30, 2004. Board granted approval of the Elected Official Bonds for Mayor Murray Nelson and Commissioner Dixie Spehar in the amount of $2,000.00. Board granted approval of the Elected Official Bonds for Bill Shaw and Steven K. Smith, Mosquito Control Board, in the amount of $5,000.00. Board granted approval of an amendment to the Fiscal Year 2005 Infrastructure Sales Tax (304) Capital Program. Said document is incorporated herein by reference. Board granted approval of payment for flowers to Flowers by Gilda in the amount of $85.00 for the Administrator's Assistant. COUNTY ATTORNEY Board granted approval for the County Attorney's Office to execute a release of code enforcement liens against Lot 24, Block 9 Harris Ocean Park Estates. The liens in question were imposed in 1995, a deed for the property was issued in 2000. By operation of law, those liens were extinguished when the tax deed was issued and recorded. 10/20/2004 2004/252 { Board adopted the following Resolution clarifying use of terms Special Master, and Special Magistrate until such time as the Monroe County Code can be updated. RESOLUTION NO. 393-2004 Said Resolution is incorporated herein by reference. Board adopted the following Resolution appointing additional Special Magistrates, providing for the assignment of cases, and setting the compensation therefore. RESOLUTION NO.394-2004 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Consulting Agreement between Monroe County and the Noise Consultancy, LLC to review and redraft Monroe County's Noise Code. Board granted approval to advertise an Ordinance establishing the Office of County Attorney; providing for the qualifications and duties of the County Attorney and Assistant County Attorneys; providing for severability; providing for the repeal of all Ordinance inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Commissioner Rice abstained from voting on the following two (2) items due to a conflict of interest: Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of the following items: Funding Agreements with non-profit service organizations funded by the County for Fiscal Year 2005. These organizations do not apply to the Human Services Advisory Bord, they are funded directly by the Board as line items in the Budget. They are as follows: Big Pine Athletic Association, Inc., in the amount of $45,000.00; The Exotic and Wild Bird Rescue of Florida Keys, Inc., in the amount of $14,000.00; The Florida Keys Wild Bird Rehabilitation Center, Inc., in the amount of $14,000.00; Heart of the Keys Recreation Association, Inc., in the amount of $30,000.00; The Historic Florida Keys Foundation, in the amount of $30,000.00; Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts, in the amount of $72,500.00; Rural Health Network of Monroe County, Florida, Inc., in the amount of $232,000.00; YMCA of Greater Miami, Inc., in the amount of $13,500.00; Guidance Clinic of the Middle Keys, Inc., in the amount of $815,107.00. 10/20/2004 2004/253 Funding Agreements with Human Service Organizations funded by the County for Fiscal Year 2005, for which funding recommendations are made by the Human Services Advisory Board, in the total amount of $1,404,500.00 for the following: American Red Cross to provide direct services to the citizens of Monroe County, such as disaster assistance, emergency communications, and health and safety training; Big Brothers and Big Sisters, Inc. to provide funding to perform and carryout children's services, including companionship and development services to young persons living in Monroe County; Boys and Girls Club, to provide funding for facilities and services for children's recreational use and social functions of the community in a wholesome environment free from drugs and alcohol; The Care Center for Mental Health, to provide an annual appropriation that provides funding for mental health and guidance services for Monroe County citizens; Caring Friends for Seniors to provide funding to perform companionship and related services to elderly persons living in Monroe County; Domestic Abuse Shelter to provide funding to perform services such as shelter, counseling and other appropriate services to persons affected by domestic abuse; Florida Keys Area Health Education Center, Inc. to provide funding for health -related services and health education; Florida Keys Children's Shelter, Inc. to provide funding to perform services such as shelter, and early intervention and prevention programs for youths and their families; Florida Keys Outreach Coalition, Inc., to provide funding to perform services such as shelter, and other services for homeless persons in Monroe County; Fountains of Living, Inc., to provide funding for assisted living facility for senior citizens n Monroe County; Habitat for Humanity of Key West and the Lower Florida Keys, Inc. to provide funding for home repair and rehab projects, including wheelchair ramp construction; Habitat for Humanity of the Upper Keys, Inc. to provide funding for housing services for disadvantaged citizens; Helphne, Inc. to provide funding for crisis intervention and referral services; Hospice of the Florida Keys, Inc., to provide funding for medical psychological, physical, and social needs of terminally ill persons and their families in Monroe County; Literacy Volunteers of America - Monroe County, Inc. to provide funding for literacy training of citizens of Monroe County; The Monroe Association for Retarded Citizens, Inc. (MARC) to provide funding for services for retarded citizens of Monroe County; Monroe County Education Foundation, Inc. to provide funding for Monroe County Youth Challenge programs - training of youth in violence prevention, cultural diversity, personal development skills, etc.; National Heritage Foundation to provide funding for the Just 4 Kids program, which serves the needs of school -age children in Monroe County; PACE Center for Girls, Inc. to provide funding for educational services for at -risk adolescent girls and young women of Monroe County; Rural Health Network of Monroe County, Florida, Inc. to provide funding for administration and promotional activities related to the Florida KidCare program in Monroe County; Samuel's House, Inc. to provide funding for housing for women and children; The U.S. Fellowship of Florida, Inc. to provide funding for assisted living facilities with limited mental health support; Wesley House Family Services, Inc. to provide funding for day care, education, and skill development services for children of Monroe County-, Womankind, Inc., to provide funding for women's health care services. Motion carried unanimously, with Commissioner Rice abstaining. Public Works Director, Dent Pierce addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval and authorizing execution of a Renewal Agreement, as amended, between Monroe County and the r 10/20/2004 2004/254 City of Marathon for the use of the meeting room at the Marathon Government Center, and the televising of Marathon City Council Meetings, until September 30, 2005. Said amendment, as follows: Technical Services Equipment charge to be reduced from $14,625 ($125 per hour for 26 meetings at 41/2 hours per meeting) to $7,312.50 (one-half less). This brings the yearly contract down from the proposed $26,101.53 to $18,789.03. Motion carried unanimous. STAFF REPORTS Public Works Report - Public Works Director, Dent Pierce updated the Board concerning roadway improvements made to C-905 from the intersection of U.S. 1 and extending to the guardhouse at the Ocean Reef Club and C-905A from the intersection of C-905 and extending to the County line just north of the toll booth. Commissioner Neugent requested an update concerning the proposed Big Pine Key Community Park. Mr. Pierce addressed the Board. County Engineer, Dave Koppel updated the Board on the status of the following County projects: the Freeman Justice Center in Key West; the parking agreement with the City of Key West to accommodate displaced vehicles due to the construction the Freeman Justice Center; the permits from the Florida Department of Environmental Protection/U. S. Fish & Wildlife Service/Army Corps of Engineers for the proposed Big Pine Key Community Park; and the construction/project status for the Tavernier, Key Largo, Big Pine Key, and Stock Island Fire Stations. Mayor Nelson excused himself from the meeting. AIRPORTS Monroe County Airports Director, Peter Horton addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval for the Key West International Airport to join the Sound Initiative - A Coalition for Quieter Skies. Motion carried unanimously, with Mayor Nelson not present. Mayor Nelson returned to the meeting and took his seat. STAFF REPORTS Airports Report - Monroe County Airports Director, Peter Horton reported on the upcoming Blue Angels in Paradise Air Show scheduled for November 6 & 7, 2004 at 10:00 A.M. at the Naval Air Station Key West. Growth Management Report - Growth Management Director, Tim McGarry reported on the proposed ROGO allocation Ordinance. 10/20/2004 2004/255 Mayor Nelson discussed holding a Special Meeting with DCA, DEP, State Representative Ken Sorenson, and Teresa Tinker from the Governor's Office on the issue of moving forward with affordable housing credits. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar to hold a Special Meeting and include the City of Marathon and Islamorada. Motion carried unanimously. Mr. McGarry and Assistant County Attorney Bob Shillinger discussed the status of the Administrative Rule Challenge Hearing held in Tallahassee. Commissioner Neugent discussed the Planning Director's position concerning live -a -boards in Stock Island. Commissioner Neugent also discussed issuance of building permits, in Big Pine Key; the Habitat Conservation Plan (HCP); and the Livable CommuniKeys Plan. Mr. McGarryaddressed the Board. MONROE COUNTY TAX COLLECTOR Tax Collector, Danise D. Henriquez presented the Board with the Tax Collector's excess fees check. COMMISSIONERS' ITEMS Mayor Nelson addressed the Board concerning his agenda item to accept the amount of $541,441.68 from the City of Marathon for funds owed to Monroe County for solid waste services. Mayor Jeff Pinkus, representing the City of Marathon presented the County with a check in the above amount. A General Release was then signed by Mayor Nelson and Mayor Pinkus. Mayor Nelson excused himself from the meeting. COUNTY ADMINISTRATOR County Administrator, James Roberts addressed the Board and discussed consideration of a wastewater bond issue by the firm Nabors, Giblin & Nickerson pursuant to the agreement with the State. The County's Bond Counsel, Public Financial Management would also be involved in the process. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to re -appoint Kathryn Houtz as an "At Large" appointee to the Tourist Development Council District I Advisory Committee. Motion carried unanimously, with Mayor Nelson not present. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to reappoint Robert Hunter Padgett as an "At Large" appointee to the Tourist Development Council District IV Advisory Committee. Motion carried unanimously, with Mayor Nelson not present. 10/20/2004 2004/256 Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to appoint Mary Thacker as an "At Large" appointee to the Tourist Development Council District III Advisory Committee. Motion carried unanimously, with Mayor Nelson not present. COUNTY ATTORNEY Assistant County Attorney Bob Shillinger discussed the written October 2004 CAY litigation report. Mr. Shillinger addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of a Settlement Offer in Monroe County v. Mario Alfonso, CA K 03-1458. Motion carried unanimously, with Mayor Nelson not present. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner George Neugent, Commissioner Dixie Spehar, Commissioner David P. Rice, Councilman John Cromartie, and Chairman Kevin M. Madok. Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval and authorizing execution of the following documents: Contract Addendum between the Board of Governors, Fire and Ambulance District 1 and Big Coppitt Volunteer Fire Department, Inc. amending the vehicle allowance to $550.00 per month. Contract Addendum between the Board of Governors, Fire and Ambulance District 1 and Layton Volunteer Fire Department, Inc. amending the vehicle allowance to $550.00 per month. Contract Addendum between the Board of Governors, Fire and Ambulance District 1 and Tavernier Volunteer Fire and Ambulance Corps., Inc. amending the vehicle allowance to $550.00 per month. Contract Addendum between the Board of Governors, Fire and Ambulance District 1 and Sugarloaf Key Volunteer Fire Department, Inc. amending the vehicle allowance to $550.00 per month. Contract Addendum between the Board of Governors, Fire and Ambulance District 1 and Big Pine Key Volunteer Fire Department, Inc. amending the vehicle allowance to $550.00 per month. Motion carried unanimously. 10/20/2004 i 2004/257 There being no further business, the meeting of the Board of Governors was adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COUNTY ATTORNEY Assistant County Attorney Bob Shillinger informed the Board that Keith•Radenhausen had rejected an offer made to him for the purchase of land as a Beneficial Use in the amount of $54,265. No official action was taken. COUNTY ADMINISTRATOR Motion was made by Mayor Nelson and seconded by Commissioner Spehar to reappoint Eugene Craig Fink as an "At Large" appointee to the Tourist Development Council District V Advisory Committee. Motion carried unanimously. PRESENTATION OF AWARDS Mayor Nelson presented State Representative Ken Sorenson with a County Champion Award Script from the Florida Association of Counties. WASTEWATER ISSUES Commissioner McCoy, Wastewater Liaison reported to the Board on the status of wastewater issues/ projects, and his attendance at the Mayor's meeting on October 13, 2004. Mayor Nelson read his letter aloud to Colleen M. Castille, Secretary of the Department of Environmental Protection. Mr. Roberts addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to schedule a Special Meeting on Monday, November 29, 2004 at 6:00 P.M. in the Harvey Government Center specifically for the purpose of having a presentation by URS Engineers and discussion of the Stock Island Wastewater Project. Motion carried unanimously. DIVISION OF PUBLIC WORKS Jose Gonzalez, of Gonzalez Architects updated the Board for work being performed at Jackson Square. County Engineer, Dave Koppel updated the Board on the status of the new Medical Examiner's Facility. I 10/20/2004 �� _ 2004/25 8 ,I COMMISSIONERS' ITEMS N8/N9 Commissioner Rice and Sheriff Roth made a presentation to the Board concerning the - Monroe County Trauma System Study Group Interim Report, prepared by the Health Council of South Florida, Inc., regarding their study of a County -wide trauma care system. Commissioner Rice also discussed approval to continue the Trauma Systems Study Group to study relevant issues and make recommendations to the Board as to the advisability of developing a Trauma Care Taxing District for uninsured and indigent trauma care and transport for the Middle and Lower Keys similar to the Upper Keys Health Care Taxing District. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy accepting the above report and authorizing Commissioner Rice proceed forward with the. Trauma Systems Study Group and return to this Board with recommendations. Roll call vote was unanimous. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of Commissioner Rice's item to reject the proposal submitted in response to RFP for trauma services, and granted approval to advertise a Request for Proposals for trauma services provider for a public -private partnership to provide trauma care transport to Ryder Trauma Center as recommended by the Trauma System Study Group. Motion carried unanimously. Commissioner Rice discussed his item of entering into negotiations with the Monroe County School District regarding proposed construction of new schools currently in the planning stages to possibly include the requirements to enable use of the school facilities as hurricane shelters to improve in -county sheltering opportunities for the citizens of Monroe County. The following individual addressed the Board: School Board Member Dr. Debra Walker. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent requesting that Dr. Walker present this request to the Monroe County School Board for consideration and return to this Board with their decision. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance creating Section 6-17(c), Monroe County Code; providing for an annually renewable blanket permit for the removal of invasive exotic vegetation, available to not -for -profit conservation agencies as approved by the County Biologist; providing for severability; providing for the repeal of all Ordinance inconsistent herewith; providing for incorporation into the Monroe County Code; 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. 033-2004 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance adding Sec. 13.5-5(p), Monroe County Code, in order to enclose a green space for dogs at Higgs Beach County Park of 10/20/2004 2004/259 Key West; providing for severability; providing for the repeal of all Ordinance inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. The Board accepted public input with the following individuals addressing the Board: Connie Christian, Marjorie Chapin, representing the Key West Garden Club; Sandra Walters, representing Sandra Walters Consultants; Bill Anderson, representing the Key West Dog Park Committee; Gwen Hawtof, President of the Florida Keys SPCA; Assistant Key West City Manager, John Jones; Gary Sechen, representing XENA Funds, D. Hawtoff, Holly Close, Jane Dawkins, and Leslie L. Allen. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Neugent Yes Commissioner Rice Yes Commissioner Spehar Yes Commissioner McCoy No Mayor Nelson Yes ORDINANCE NO. 034-2004 Said Ordinance is incorporated herein by reference. Motion carried. David Paul Horan and Ed Swift addressed the Board. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent to adopt the following Resolution naming the Courthouse Annex at 502 Whitehead Street, Key West, Florida, the Judge Jefferson B. Browne Courtroom Complex. Motion carried unanimously. RESOLUTION NO.395-2004 Said Resolution is incorporated herein by reference. Commissioner Rice discussed his item with the Board concerning approval of a Resolution of Appreciation to the Monroe County and Miami -Dade County Health Department nurses for their service to Monroe County Special Needs and Special Medical Needs citizens at FIU Shelter during the Hurricane Ivan evacuation. Motion carried unanimously. RESOLUTION NO.396-2004 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance repealing BOCC Ordinances 010-2004 and 011A-2004 and amending Sec. 9.5-122.3; Sec. 9.5-124.8; Sec. 9.5-266 of the Monroe County Land Development Regulations in order to grant authority to the Growth Management Director and the County Attorney to approve Restrictive Covenants and Warranty Deeds under ROGO/NROGO and Affordable Housing and to prohibit the award of ROGO points for aggregation within those areas proposed for acquisition for resource protection; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe j 10/20/2004 1 2004/260 County Code of Ordinances; and directing the Planning Director to forward a certifiedilcopy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 035-2004 Said Ordinance is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar that the following two (2) Public Hearings be continued to the Board meetings in January 2005 in Key West, as the Planning Commission will continue the item until its November 3, 2004 hearing). A Public Hearing on the request by the Lujan Limited Partnership for a Future Land Use Map Amendment from Mixed Use Commercial (MC) to Residential Medium (RM) and from Residential Low (RL) to Residential Medium (RM) and a Land Use District Map Amendment from Suburban Commercial (SC) to Improved Subdivision (IS) and from Suburban Residential (SR) to Improved Subdivision (IS) for property described as Section 25 and 26, Township 67 South Range, 25 East, Key Haven, Raccoon Key (and an unnamed Island f/k/a Enchanted Island), Florida, approximate mile marker 6. A Public Hearing on the request by Key Haven Estates, LTD (KHE) for a Development Agreement with Monroe County for portions of Key Haven Subdivision and "Enchanted Island" to develop forty-three (43) residential unites; 10,000 square feet of professional and neighborhood service commercial floor area; accessory uses consisting of sewage treatment plant, storage, landscaping, roads and utilities to serve the development; and dockage for the land locked residential units. Motion carried unanimously. MISCELLANEOUS Mayor Nelson and the Board thanked County Administrator James L. Roberts for his last eleven years of service to the County. Mayor Nelson gave a "State of the County" address. 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 10/20/2004 2004/261 i Isabel C. DeSantis, Deputy Clerk'