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02/21/2007 Regular 24 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 21, 2007 Key Largo, Florida A Closed Session of the Monroe County Board of County Commissioners convened at 8:30 A.M., with the Regular Meeting beginning at 9:00 A.M. at the Key Largo Library. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Sylvia Murphy, Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario DiGennaro. Also present at the meeting were Thomas Willi, County Administrator; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. CLOSED SESSION Suzanne Hutton, County Attorney announced that pursuant to Florida Statute, 286.011(8) the following session was closed to the public: A Closed Executive Session of the Board of County Commissioners in the matter of Nellie Lightner v. Monroe County, CA P 06-562. ADDITIONS, CORRECTIONS, DELETIONS Presentation of a Mayor's proclamation proclaiming March, 2007 as Seagrass Awareness Month. Presentation of a Mayor's proclamation was made recognizing the week of February 25, 2007 as Pace Center for Girls Week. BULK APPROVALS Board granted approval to pay Royal Plus Disaster Kleenup in the amount of $536,454.79 for services that were rendered at the Marathon Airport after Hurricane Wilma. Board granted approval and authorized execution of Purchase Service Order No. 06/07-21 between Monroe County and URS to prepare plans and specifications to trim growth in the runway approach to meet FAA requirements also prepare advertising documents, bid tabulation and award recommendation. 25 Board granted approval and authorized execution of a Landscape Maintenance Extension Agreement between Momoe County and Gardens of Eden, for landscape maintenance at the Key West International Airport. Board granted approval to pay Ten-8 Fire Equipment, Inc. an additional $5,118.56, for repair to the water tank on the Airports Oshkosh T6 fire truck, which was damaged by Hurricane Wilma. Board granted approval to award bid and purchase two (2) tree/brush chippers from Florida Coast Equipment in the total amount of $73,580.00. Board granted approval to award bid and purchase two (2) new mid-size crew cab dump trucks from Autoway Ford in the total amount of$85,140.00. Board granted approval and authorized execution of a Contract Extension - Diesel fuel and unleaded gasoline supplier for Momoe County, Florida between Momoe County and Dion Oil Company, LLC. on a month to month basis. Board granted approval to Rescind approval given at the August 16, 2006, agenda item D-22, "to rescind an existing lease agreement with one month remaining with Deputy Dawn Leird for one-half of the duplex located at the Marr Property, Key Largo and approval to enter into a one-year revised residential lease agreement with a Deputy recommended by the Monroe County Sheriff to resident in the vacated side of the duplex located at the Key Largo Community Park." In addition, the Board approved to accept early termination of lease and "forgive" Sgt. Leird the August 2006 rent in the amount of $229.06 due on her lease which was expiring August 31, 2006 since she was not in the residence for the last month of her lease. Board granted approval to execute a Certificate of Title transferring ownership of a 1998 mobile home donated to Monroe County by Habitat for Humanity from Habitat for Humanity to Momoe County and, after receipt oftitle, to demolish and remove the mobile home from our Rockland Key Public Works site. Board granted approval and authorized execution of a Business Lease between Momoe County and Independent Mortgage and Finance Company, Inc. for the 16th Judicial Circuit's Mediation Program office space, Unit 201. Board granted approval to advertise a request for qualifications (RFQ) for bridge repair design services for Duck Key bridges. Board granted approval and authorized execution of First Amendment to Agreement between Monroe County and Coastal Marine Construction, Inc. for repairs to five Card Sound Road Bridges to clarify date of commencement of contract. Board granted approval to award bid and authorized execution ofa Standard Form of Agreement between Monroe County and Pedro Falcon Electrical Contractors, Inc. for 26 the construction of a new two story community center and park located on Sands Road in Big Pine Key, Florida. Board granted approval to award bid and authorized execution ofa Standard Form of Agreement between Monroe County and Hendry Corporation for the Higg's Beach Pier Emergency Dock Repair located in Key West, Florida. Board granted approval to negotiate a contract with MBI/K.2M Architecture for the Americans with Disabilities Act (ADA) Compliance Assessments for County Facilities and Roads. Board granted approval to award bid and authorized execution of a Contract for Professional Services between Monroe County and Clemons, Rutherford & Associates, Inc., (CRA) for the Planning, Design, and Construction Administration Services for the renovations to, or the replacement of, the Judge Jefferson B. Browne Courtroom Complex. Board granted approval and authorized execution of an Amendment to Contract for Architectural Services between Monroe County and Matthew Fowler, Architect and Thomas Timmins P.E. for Architectural services for the renovation of the Tavernier Fire Station. Board granted approval of the rescission of the Contract between Monroe County and Parsons Brinckerhoff Construction Services, Inc. for construction engineering and inspection services for Card Sound Road Bridge repairs that was awarded on December 20,2006; and granted approval and authorized execution of a new Standard Form of Agreement that clarifies hourly rates and contract period. Board granted approval of the Receipt of monthly report on Change Orders reviewed by the County Administrator's Office. There were eight (8) Change Orders considered and approved by the County Administrator's Office for the period beginning January 1,2007 and ending January 31,2007 totaling $302,012.36. Board granted approval and authorized execution of a Contract between Monroe County and Charley Toppino & Sons, Inc, for the completion of Public Aircraft Parking Aprons project at the Florida Keys Marathon Airport. Board granted approval and authorized execution of a Third Amendment to Lease Agreement between Monroe County and Tony D' Aiuto, d/b/a Antique Aircraft Restorations, regarding funding responsibility to construct the east General Aviation apron at the Florida Keys Marathon Airport. Board granted approval and authorized execution of a Seventh Amendment to Marathon Fixed Base Operator (FBO) Agreement between Monroe County and Grantair Service, Inc., regarding funding responsibility to rehabilitate the west General Aviation apron at the Florida Keys Marathon Airport. 27 Board granted approval for the Greater Marathon Chamber of Commerce to occupy a 16'xI6' space at the Florida Keys Marathon Airport terminal to establish a Welcome Center, on a month-to-month basis at no cost for one year, effective February 1,2007. Board granted approval and authorized execution of the Courier Service Agreement, Second Renewal, between Monroe County and Buccaneer Courier to cover the period from March 16, 2007 through March 15, 2008. Board granted approval of the Fiscal Year 2008 Budget Timetable. Said document is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Guidance Clinic of the Middle Keys, Inc. replacing Attachment C, which concerns subcontracted Baker/Marchman Act Transportation. Board granted approval to convert the Temporary Part-Time Nutrition Site Assistant position to a Permanent Part-Time Nutrition Site Assistant position at the Key West Nutrition Site (Grant funded). Board granted approval to advertise for bids for the operation of the Key Largo Animal Control Shelter. Board adopted the following Resolution allowing veterinarians to retain $5.00 or 10% of the litter license fee of$50.00 (as an incentive to participate in the litter licensing process. RESOLUTION NO. 030-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of the Low Income Home Energy Assistance Program Federally Funded Subgrant Agreement # 07EA-6J-II-54-01- 019 between Monroe County and the State of Florida, Department of Community Affairs, for the provision of funds to pay electric bills for low income clients. Board granted approval and authorized execution of a Residential Lease with Law Enforcement Officer for Port Largo 4th Addition between Monroe County and Deputy Patricia M. Garcia to reside in Unit "B" of the duplex located at the Key Largo Community Park. Board granted approval of a Grant Application from the Florida Department of Emergency Management for the amount of$195,000 and approval to have the County Administrator sign the application. This grant will ensure that six (6) of the County's I and 2 shelters will have back-up power and will enhance the County's ability to support disaster preparedness and response efforts. 28 TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and MetroMedia Marketing, Inc. to revise the dates of the production of Ladies Let's Go Fishing! Islamorada. Board granted approval of revisions to the Monroe County Tourist Development Council Cultural Umbrella Event Funding Application. Said revisions are incorporated herein by reference. Board adopted the following Resolution to provide additional advance registration, booth-related expenses and travel-related expenses for trade shows for the Fiscal Year 2008 to be paid from Tourist Development Council funds in Fiscal Year 2007. RESOLUTION NO. 031-2007 Said Resolution is incorporated herein by reference. Board granted approval to advertise a Request for Qualifications for European Sales Agency Services for Monroe County Tourist Development Council. DIVISION OF GROWTH MANAGEMENT Board granted approval to reappoint Gary Centonze to one (1) additional three (3) year term to the Contractors' Examining Board beginning February 2007. Board granted approval to reappoint Jonathan Barth to one (1) additional three (3) year term to the Contractors' Examining Board beginning February 2007. MONROE COUNTY SHERIFF'S DEPARTMENT Board granted approval of the following expenditures from the Law Enforcement Trust Fund, in the amount of $20,000.00: Grace Jones Community Center - $10,00000 to help the non-profit organization build a needed child care facility to replace their damaged building from "Wilma". Take Stock In Children - $10,000.00 to help the student-mentoring program providing fully paid scholarships for low-income families, second request. Board granted approval and authorized execution of an Agreement between Monroe County and the Monroe County Sheriff's Office to apply for reimbursement of funds from the USAI Grant I Homeland Security Office of Domestic Preparedness with the City of Miami. The County's share of($156,360.00) has been used to purchase communications equipment for the Sheriff's Office. 29 MONROE COUNTY HOUSING AUTHORITY Board ratified Resolution No. 629-2006 to include Exhibit A that was not included with the backup (Homebuyer Assistance) when adopted at the BOCC meeting of December 20,2006 - agenda item L4 approving an amendment to the Monroe County Local Housing Assistance Plan (LHAP) for State of Florida Fiscal Years 2004-2005, 2005-2006, 2006-2007 deleting the shared appreciation provision for properties utilizing the shared appreciation provision for properties utilizing affordable housing permits. Board ratified Resolution No. 627-2006 to include Exhibit A that was not included with the backup (Housing Rehabilitation) when adopted at the BOCC meeting of December 20,2006 - agenda item L2 approving an amendment to the Monroe County Local Housing Assistance Plan (LHAP) for State of Florida Fiscal Years 2004-2005, 2005-2006, 2006-2007 adding moderate income households to the housing rehabilitation strategy. COMMISSIONERS' ITEMS Board granted approval of Commissioner Neugent's item concerning a request from the Board of County Commissioners to express .support to the Florida Department of Community Affairs for the Big Pine Neighborhood Charter School, Inc. to expand its student outreach to include Pre-K through 8th grades. COUNTY CLERK Board officially approved the Board of County Commission Meeting minutes from the Special Meeting of December 8, 2006 and Regular Meeting of December 20, 2006 (previously distributed). Board granted approval of the following Warrants (513016-514052 & 101727- 101830): General Fnnd (001), in the amount of$3,515,126.86; Fine & Forfeitnre Fund (101), in the amount of$3,388,047.32; Road and Bridge Fund (102), in the amount of $121,250.11; TDC District Two Penny (115), in the amount of$108,957.17; TDC Admin. & Promo 2 Cent (116), in the amount of$256,295.02; TDC District 1, 3 Cent (117), in the amount of$394,142.51; TDC District 2, 3 Cent (118), in the amount of $9,047.42; TDC District 3, 3 Cent (119), in the amount of $68,099.45; TDC District 4, 3 Cent (120), in the amount of$200,910.31; TDC District 5, 3 Cent (121), in the amount of$32,065.21; Gov. Fund Type Grants (125), in the amount of$2,397,198.48; Fire & Amb Dist 1 L&M Keys (141), in the amount of $202,978.74; Upper Keys Health Care (144), in the amount of$560.09; Fire & Amb Dist 6 Key Largo (146), in the amount of$154.39; Uninc Svc Dist Parks & Rec (147), in the amount of $56,962.02; Plan, Build, Zoning (148), in the amount of $175,179.68; Municipal Policing (149), in the amount of$525,085.23; 911 Enhancement Fee (150), in the amount of $710,402.06; Duck Key Security (152), in the amount of $5,000.04; Boating Improvement Fund (157), in the amount of$118,449.25; Misc. Special Revenue Fund (158), in the amount of$672,424.64; Environmental Restoration (160), in the amount 30 of $3,020.03; Law Enforcement Trust, (162), in the amount of $27,930.00; Bay Point Wastewater MSTU (168), in the amount of$27.06; Big Coppitt Wastewater MSTU (169), in the amount of$135.87; Key Largo Wastewater MSTU (170), in the amount of $54,904.71; Stock Island Wastewater, (171), in the amount of$I,875.00; Conch Key MSTU, (174), in the amount of$10.49; 1 Cent Infra Surtax (304), in the amount of $150,082.06; 2003 Revenue Bonds (307), in the amount of$738,695.98; Card Sound Bridge (401), in the amount of $2,724. 10; Marathon Airport (403), in the amount of $33,920.19; Key West IntI. Airport (404), in the amount of$330,021.66; KW AlP Series 2006 Bonds (405), in the amount of$66,508.20; MSD Solid Waste (414), in the amount of$I,780,193.12; Worker's Compensation (501), in the amount of $114,063.43; Group Insurance Fund (502), in the amount of $297,784.59; Risk Management Fund (503), in the amount of$52,637.03; Fleet Management Fund (504), in the amount of$127,957.83; Fire&EMS LOSAP Trust Fund (610), in the amount of$51O.00. Board granted approval of the following Tourist Development Council Expenditures for the month ofJanuary, 2007: Advertising, in the amount of $48,779.71; Visitor Information Services, in the amount of$68,913.00; Events, in the amount of $15,395.68; Office Supplies & Operating Costs, in the amount of $32,597.23; Personal Services, in the amount of$107,311.48; Public Relations, in the amount of $72,260.35; Sales & Marketing, in the amount of$75,721.44; Telephone & Utilities, in the amount of $21,15383. Board granted approval to remove surplus equipment from inventory via disposal and salvage. Said list is incorporated herein by reference. COUNTY ADMINISTRATOR Board granted approval of revised Administrative Procedures for the Board of County Commissioners. Said document is incorporated herein by reference. Board granted approval of the appointment of Commissioner Spehar to the Key West Airport Ad hoc Committee for 2007. Board granted approval to correct scrivener's errors and include the omitted Exhibit of the Fixed Asset Listing for Fiscal Year 2006, which was to be attached and made part of the Interlocal Agreement between Monroe County and the Monroe County Sheriff's Office for Consolidation and Management of Emergency Communications which was approved by the Board on 12/20/06 (Agenda Item 0-6) Board granted approval and authorized execution of a Memorandum of Agr~ement between Monroe County and the City of Key West for employee training services. COUNTY ATTORNEY 31 Board accepted the written February 2007 Litigation Report dated February 14, 2007 from Suzanne Hutton, County Attorney. Board granted approval and authorized execution of an Agreement for Expert Witness Services between Monroe County and K. Marlene Conaway to provide expert witness testimony in the matter of Florida Keys Citizens Coalition, et al. v. Department of Community Affairs and Monroe County, DOAH 06-2449. Board granted approval and authorized execution of a Legal Services Agreement between Monroe County and Aronovitz Trial Lawyers and Freed & Weiss, LLC to file suit against Hotels.com and similar entities to recoup unpaid bed taxes. Board granted approval and authorized execution of the Fourth and Fifth Amended Settlement Agreements in Richard M Osborne & Conch Contrada LC v. Monroe County & Joe Paskalik, CA K 01-108 granting another one-year deferral of the proposed development through the end ofROGO Year 16 (July 14, 2007 to July 13, 2008). Board granted approval and authorized execution of a Standard Legal Services Agreement CAY LIT 2006-02-02 between Monroe County and Paul, Hasting, Janofsky & Walker, LLP to represent Monroe County in matter of Emmert v. Monroe County, CA P 02-520 retroactive to 2/1/06 and approval of payment in the amount of$51,069.1O for work performed to date. Board granted approval of payment of invoices from Paul, Hasting, Janofsky & Walker totaling $121,250.14 for work performed on Collins v. Monroe County, CA M 04- 379. Board ratified the Administrative Law Judge Services Contract between Monroe County and the Division of Administrative Hearings (DOAH) to provide a hearing officer to serve as the Code Enforcement Special Magistrate. Board terminated the Professional Services Contract for Code Enforcement Hearings between Monroe County and Thomas Wright, P.A., because the County has contracted with the Division of Administrative Hearings (DOAH) to hear code enforcement hearings. Board granted approval and authorized execution of a Settlement Agreement between Monroe County and Lloyd A. Good, Jr., Piece of Paradise LLC to resolve a potential lawsuit by Mr. Good regarding transferability of development rights. Board granted approval to advertise and hold one (1) Public Hearing to consider an Ordinance amending Section 11-7, Monroe County Code, regulating wrecker operators in the Unincorporated County who provide motor vehicle towing and storage services at the request of law enforcement officers; Revising rates; Providing for the 32 repeal of all ordinances inconsistent herewith; Providing for incorporation into the Momoe County Code of Ordinances; and providing an effective date. Board granted approval to advertise a Request for Qualifications for a company to provide probation services for the County Court system in Misdemeanor cases; and to allow Providence Community Corrections, Inc. to continue to provide such services on a month-to-month basis during the selection process. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West Providing for the Mutual Use of Building and/or Specialty Inspectors Employed by the Respective Local Governments. Board granted approval and authorized execution of an Amendment to Impact Fee Interlocal Agreement between Monroe County and the City of Key Colony Beach (City), providing for reduced payment of impact fees for fire and deletion of payment of impact fees for roads, contingent upon acceptance by City of a quitclaim deed of Sadowski Causeway, and authorization for the Mayor to execute a quitclaim deed in substantially the form of the attached agenda item upon a legal description being approved by the County Engineer and the County Attorney. Motion carried unanimously. MISCELLANEOUS BULK APROV ALS Dave Koppel, County Engineer and Tom Willi, County Administrator addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of a Monroe County Art in Public Places Award Agreement between Monroe County and Thomas Brian Virgin for the creation and installation of artwork at The North Key Largo Fire Station #25,220 Reef Drive, Key Largo. Motion carried unanimously. The Board discussed a Resolution to enter into a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to provide $750,000 to fund a temporary ferry services between the City of Marathon to Pigeon Key during the rehabilitation of the State Road 5/01d Seven Mile Bridge. The following individuals addressed the Board: Linda Kruszka and Mary O'Connell, representing Paradise Divers. Suzanne Hutton, County Attorney; Dave Koppel, County Engineer; and Tom Willi, County Administrator discussed the item with the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution and authorized execution of the JP A. Motion carried unanimously. RESOLUTION NO. 032-2007 Said Resolution is incorporated herein by reference. The Board discussed a Resolution authorizing the waiver of building permit and application fees for the Islander Village, LLC and Park Village, LLC Affordable Housing ~t.'f i s i 0"1'\ 33 Developments, pursuant to Monroe County Code, Sec. 6-27(d)(2) and Sec. 6-27(e). The following individuals addressed the Board: Kay Thacker, Jim Saunders, and Diane Beruldsen. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to deny the item. Tom Willi, County Administrator; Suzanne Hutton, County Attorney; and Reggie Paros, Housing and Community Development Director discussed the item with the Board. After consideration, the maker of the motion withdrew with the second accepting. Motion was then made by Commissioner Neugent and seconded by Commissioner McCoy to table the item and remand to the Affordable Housing Task Force. Motion carried unanimously. COMMISSIONERS' ITEMS Hal Heim made a presentation concerning the use of colored dividers on the 18 mile stretch reconstruction project. The Florida Department of Transportation will consider use ofa color additive if there is community interest from the citizens of Monroe County. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to send a Resolution of support to the Florida Department of Transportation (FDOT). Motion carried unanimously. RESOLUTION NO. 032a-2007 Said Resolution is incorporated herein by reference. '*' . . . . . . 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 Sylvia Murphy, Mayor Mario DiGennaro, and Councilman Clark Snow (alternate). Absent were Mayor Norman Anderson and Vice Mayor William Dilley. Motion was Commissioner Murphy and seconded by Mayor DiGennaro appointing Commissioner Neugent as Chairman to the Board of Governor's for today's meeting. Motion carried unanimously, with Mayor Anderson and Vice Mayor Dilley absent. James Callahan, Acting Fire Chief addressed the Board. After discussion, motion was made by Mayor DiGennaro and seconded by Commissioner Murphy granting approval to award bid and authorized execution of an Agreement between Board of Governors Fire and Ambulance District I of Monroe County and Roy Khanna for Maintenance of Monroe County Fire Rescue Type 1 Ambulances, including quarterly inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. Motion carried unanimously, with Mayor Anderson and Vice Mayor Dilley absent. Commissioner Murphy requested an update on the status of the Length of Service Awards Program (LOSAP). Tom Willi, County Administrator and Sal Zappulla, Budget & Finance Director addressed the Board. 34 . . . . . The Board of County Commissioners reconvened with Commissioner McCoy not present. COUNTY ATTORNEY Suzanne Hutton, County Attorney updated the Board concerning the lease status with the Pigeon Key Foundation, Inc. MaIjorie Mearns, Executive Director of the Pigeon Key Foundation addressed the Board. No official action was taken. Commissioner McCoy returned to the meeting and took his seat. MONROE COUNTY SHERIFF'S DEPARTMENT Suzanne Hutton, County Attorney addressed the Board concerning the Agreement approved earlier today, between Monroe County and the Monroe County Sheriff's Office to apply for reimbursement of funds from the USA! Grant / Homeland Security Office of Domestic Preparedness with the City of Miami. The County's share of($156,360.00) has been used to purchase communications equipment for the Sheriff's Office. Ms. Hutton informed the Board that Attachment 5 referred to in the agreement was not included and has since been e-mailed to the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to reconsider the item. Motion carried unanimously. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy approving the item including said attachment. Motion carried unanimously. COMMISSIONERS' ITEMS The following individuals addressed the Board concerning a request that the BOCC commemorate the spirit, actions and services of Rosemary Lipps Olds for her decades of stewardship of"Rosemary's Corner" in Tavernier by officially naming this triangle "Rosemary's Corner": Diane Beruldsen, Richard Barreto, representing Tavernier Community Association; and Rosemary Lipps and Jerry Wilkinson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy approving the request. Roll call vote was unanimous. MISCELLANEOUS BULK APPROVALS The following individuals addressed the Board concerning various Resolutions for the Transfer of Funds and Receipt of Unanticipated Revenue: Pauline Klein, and Diane Beruldsen. Sa! Zappulla, Budget & Finance Director addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Resolutions: Transfer of Funds (OMB Schedule Item No. I). RESOLUTION NO. 033-2007 35 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 034-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 035-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 036-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 037-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 546-2006 (OMB Schedule Item No.6). RESOLUTION NO. 038-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 039-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 040-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Fund (OMB Schedule Item No.9). RESOLUTION NO. 041-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 547-2006 (OMB Schedule Item No. 10). RESOLUTION NO. 042-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. II). RESOLUTION NO. 043-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 044-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 045-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 046-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 047-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 048-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 423-2006 (OMB Schedule Item No. 17). RESOLUTION NO. 049-2007 Said Resolution is incorporated herein by reference. . Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 050-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 424-2006 (OMB Schedule Item No. 19). RESOLUTION NO. 051-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 426-2006 (OMB Schedule Item No. 20). RESOLUTION NO. 052-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 427-2006 (OMB Schedule Item No. 21). RESOLUTION NO. 053-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 428-2006 (OMB Schedule Item No. 22). RESOLUTION NO. 054-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 429-2006 (OMB Schedule Item No. 23). RESOLUTION NO. 055-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 430-2006 (OMB Schedule Item No. 24). RESOLUTION NO. 056-2007 36 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 431-200 (OMB Schedule Item No. 25). RESOLUTION NO. 057-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 432-2006 (OMB Schedule Item No. 26). RESOLUTION NO. 058-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 433-2006 (OMB Schedule Item No. 27). RESOLUTION NO. 059-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 434-2006 (OMB Schedule Item No. 28). RESOLUTION NO. 060-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 435-2006 (OMB Schedule Item No. 29). RESOLUTION NO. 061-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO. 062-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 437-2006 (OMB Schedule Item No. 31). RESOLUTION NO. 063-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 438-2006 (OMB Schedule Item No. 32). RESOLUTION NO. 064-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 439-2006 (OMB Schedule Item No. 33). RESOLUTION NO. 065-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 440-2006 (OMB Schedule Item No. 34). RESOLUTION NO. 066-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 442-2006 (OMB Schedule Item No. 35). RESOLUTION NO. 067-2007 Said Resolution is incorporated herein by reference 37 Rescinding Resolution No. 443-2006 (OMB Schedule Item No. 36). RESOLUTION NO. 068-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 444-2006 (OMB Schedule Item No. 37). RESOLUTION NO. 069-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 445-2006 (OMB Schedule Item No. 38). RESOLUTION NO. 070 2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 446-2006 (OMB Schedule Item No. 39). RESOLUTION NO. 071-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 447-2006 (OMB Schedule Item No. 40). RESOLUTION NO. 072-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 448-2006 (OMB Schedule Item No. 41). RESOLUTION NO. 073-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 456-2006 (OMB Schedule Item No. 42). RESOLUTION NO. 074-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 449-2006 (OMB Schedule Item No. 43). RESOLUTION NO. 075-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 452-2006 (OMB Schedule Item No. 44). RESOLUTION NO. 076-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 453-2006 (OMB Schedule Item No. 45). RESOLUTION NO. 077-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 454-2006 (OMB Schedule Item No. 46). RESOLUTION NO. 078-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 459-2006 (OMB Schedule Item No. 47). RESOLUTION NO. 079-2007 38 39 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 461-2006 (OMB Schedule Item No. 48). RESOLUTION NO. 080-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 463-2006 (OMB Schedule Item No. 49). RESOLUTION NO. 081-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 464-2006 (OMB Schedule Item No. 50). RESOLUTION NO. 082-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 465-2006 (OMB Schedule Item No. 51). RESOLUTION NO. 083-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 467-2006 (OMB Schedule Item No. 52). RESOLUTION NO. 084-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 468-2006 (OMB Schedule Item No. 53). RESOLUTION NO. 085-2007 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 469-2006 (OMB Schedule Item No. 54). RESOLUTION NO. 086-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 471-2006 (OMB Schedule Item No. 55). RESOLUTION NO. 087-2007 Said Resolution is incorporated herein by reference. Motion carried unanimously. COUNTY ADMINISTRATOR Tom Willi, County Administrator addressed the Board and introduced Clark Turner with the Florida Department of Community Affairs who presented the Board with the County's evaluation and appraisal report. The Board was provided with a copy of the document entitled Department of Community Affairs Objections, Recommendations and Comments Report for Monroe County, Amendment 07-01ER, dated February 19, 2007.. 40 MISCELLANEOUS BULK APPROVALS Deb Barsell, Community Services Director addressed the Board. Motion was made by Commissioner Murphy and seconded by Commissioner Spehar granting approval and authorizing execution of an Amendment to Agreement between Monroe County and Humane Animal Care Coalition, Inc., extending their current Agreement for up to three (3) additional months. Motion carried unanimously. STAFF REPORTS Community Services - Deb Barsell, Community Services Director reported to the Board a 60% increase in pauper burials; the Low Income Home Energy Assistance Program (LIHEAP) approved earlier today had a decrease from last year and indicated the possibility to mitigate with the Elderly Home Energy Assistance Program (EHEAP). Emolovee Services - Teresa Aguiar, Employee Services Director discussed the Public Records workshop recently held in the Middle Keys. Public Works - Dent Pierce, Public Works Director discussed a Certificate of Appreciation thanking the Board for work authorized at the Children's Memorial Tree Garden. Emergency Services - James Callahan, Acting Fire Chief informed the Board that Clark Martin, Fire Chief will officially retire the first week of March, 2007; work is continuing on the updating of fire wells throughout the County and that a fire study will be forthcoming to the Board. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar that an appreciation plaque be presented to the Fire Chief, Clark Martin. Motion carried unanimously. Commissioner Neugent requested an update on Trauma Star and its' revenue stream. Tom Willi, County Administrator addressed the Board. COMMISSIONERS' ITEMS The Board discussed Commissioner Murphy's item concerning the approval of Human Services Advisory Board (HSAB) funding for 2007-2008. Dr. Wendy Coles, representing the Southernmost Homeless Assistance League; Pam Martin, representing Help Line; Alexsa Leto, representing the Human Service Advisory Board; Todd Firm, representing the Human Service Advisory Board; Vicki Weeks, representing Womankind; and Susan Kent, representing the Boys & Girls Clubs of the Keys Area, Inc. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent that the county agrees to fund the HSAB at the 2006-2007 rate which is $2,326,581.00. Sal Zappulla, Budget & Finance Director; Tom Willi, County 41 Administrator; and Danny Kolhage, Clerk of the Court s discussed the item with the Board. Motion carried unanimously. COUNTY ATTORNEY Suzanne Hutton, County Attorney and Dave Koppel, County Engineer discussed with the Board ongoing problems with Pavers & Stone, Inc., the contractor hired by the County, to provide the exterior finish for the Freeman Justice Center. The contractor has been unable to provide a bond or alternative as required by contract and by Florida Statute. The Board of County Commissioners should make a determination to terminate the contract or not and, if the contract is terminated, what to do in the alternative. Honorable Judge Wayne Miller addressed the Board. This matter was referred to the County Engineer for handling. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Paul Kade on property described as Lot 23, Block 2 of Key Largo Beach, Key Largo, Real Estate Number 00501780.000000, in the form of one (1) dwelling unit allocation. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 088-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Brian 1. and Michelle Nemeth on property described as Lot 7, Block 13, Key Largo Beach Addition, Key Largo, Real Estate Number 00503380.000000, in the form of one (I) dwelling unit allocation. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 089-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Dean Parkinson on property described as Lot 18, Block 1, Ocean Isles Estates, Key Largo, Real Estate Number 00538240.000000, in the form of one (I) dwelling unit allocation. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 090-2007 Said Resolution is incorporated herein by reference. 42 A Public Hearing was held to consider adoption of a Resolution approving a request for Administrative Relief made by Felix Perez on property described as Lot 5, Block 10 of Twin Lakes, Key Largo, Real Estate Number 00549370.000000, in the form of purchase of the property by the Monroe County Land Authority. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 091-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by David Rowland on property described as Lots 7 & 8, Block 8, of Bahia Mar Estates, Key Largo, Real Estate Numbers 00544690.000000 & 00544700.000000, in the form of purchase of the property by the Monroe County Land Authority. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 092-2007 Said Resolution is incorporated herein by reference. MONROE COUNTY HEALTH DEPARTMENT Suzanne Hutton, County Attorney addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution authorizing the Monroe County Health Department (MCHD) to establish clinical fees for primary care services offered at the MCHD as set forth in Exhibit A attached to and made a part of the Resolution. Motion carried unanimously. RESOLUTION NO. 093-2007 Said Resolution is incorporated herein by reference. STAFF REPORTS AIRPORTS - Peter Horton, Airports Director discussed the recently held grand opening for new air service at the Marathon Florida Keys Airport; a request by Delta Airlines to bring a larger aircraft, seventy (70) passengers, to the airport; and that informal Request for Proposals (RFP) were conducted, for the next ninety (90) days, for food service at the Marathon Airport, the Cay Clubs were selected for the food service. A permanent RFP has also been conducted. Mayor DiGennaro requested an update on the waiver from the FAA for the extension of the runway at the airport, and requested an update on the landscaping at the airport. GROWTH MANAGEMENT - Drew Trivette, Acting Growth Management Director discussed a redevelopment project on Stock Island that is subject to inclusionary housing; and an Affordable Housing project on Big Pine Key (33-38 housing units). 43 ENGINEERING - Dave Koppel, County Engineer disseminated a document to the Board dated February 21,2007 entitled McCoy Terminal Complex, Key West International Airport New Terminal Building and Renovation Project - Project Overview and Funding Discussion from Newton & Association, Inc. Report of the Airport Consultant. Mr. Koppel discussed the RFP's concerning a Ferry Service to Pigeon Key and informed the Board that an email will be sent that will describe the status of the Big Coppitt and Duck Key Treatment Plants. BUDGET & FINANCE - Sal Zappulla, Division Director discussed the Guaranteed Maximum Price (GMP) for the Key West International Airport and savings the County would incur by directly purchasing raw materials for the airport and the Freeman Justice Center projects; the FEMA reimbursement level has increased from 75% to 90% concerning Hurricane Wilma; a wastewater meeting was held last week with respect to legal and financial concerns; the Capital Improvement Plan will need to be amended at next month's Board meeting to include items not currently budgeted; a meeting was held with Growth Management to create, per Florida Statute, a new fund concerning building related items; an update concerning this evenings Public Hearing for budget amendments to General Fund 00 I, Unincorporated Service District Park & Recreation Fund 147, and Planning, Building & Zoning, Fund 148; a General Fund update was also given. TECHNICAL SERVICES - Mickey Baker, Division Director updated the Board on the following matters: Monroe County's Streaming Video on the County's website had 519 users last month; the Video On Demand had 664 requests; work is occurring to combine a system's network between the BOCC, the Sheriff s Office, and the Property Appraiser's Office; 70-80 computer workstations have been installed in the County; and a Geographic Information System (GIS) project is ongoing with the Growth Management Division. COMMISSIONERS' ITEMS Mayor DiGennaro discussed his item concerning the issuance of an RFP for vending machine providers in County buildings. Tom Willi, County Administrator addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar authorizing the County Administrator to issue an RFQ. Motion carried unanimously. Mayor DiGennaro excused himself from the meeting. COUNTY ATTORNEY Motion was made by Commissioner Neugent and seconded by Commissioner Murphy ratifying the termination agreement with 1. Jefferson Overby. Motion carried unanimously, with Mayor DiGennaro not present. 44 Suzanne Hutton, County Attorney addressed the Board. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent to re-open the Agenda concerning Agenda item PII - Settlement Agreement between Monroe County and Lloyd A Good, Jr., Piece of Paradise LLC to resolve a potential lawsuit by Mr. Good regarding transferability of development rights. Motion carried unanimously, with Mayor DiGennaro not present. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval of the matter, as revised. Said revision as follows: Page 4, Section 6 - Each of the ROGO allocation points referenced in Section ~:!: above shall be given a specific designation and memorialized in a certificate authorized by the Monroe County Commission and issued by the County that will allow for the assignment to third parties of any or all of the ROGO allocation points by the Developer and/or their respective successors and/or assigns. Motion carried unanimously, with Mayor DiGennaro not present. Suzanne Hutton, County Attorney addressed the Board. Motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval to schedule and advertise an Attorney-Client Closed Session of the Board of County Commissioners in the matter of EEOC v. Monroe County, Case No. 510-2006-04265 for the regularly scheduled BOCC meeting to be held March 21,2007 at the Marathon Government Center at 8:30 AM. Motion carried unanimously, with Mayor DiGennaro not present. Suzanne Hutton, County Attorney addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval to schedule and advertise an Attorney-Client Closed Session of the Board of County Commissioners in the matter of Lloyd Good v. Monroe County, Case No. CA K 01-977 for the regularly scheduled BOCC meeting to be held March 21, 2007 at the Marathon Government Center at 8:45 AM. Motion carried unanimously, with Mayor DiGennaro not present. Mayor DiGennaro returned to the meeting and took his seat. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance approving a request by Northstar Resort Enterprises Corp. for a Land Use District Map Amendment from Suburban Commercial (SC) to Mixed Use (MU) for a portion of the property legally described as Island of Key largo, Pt. Lots 5-12-13, Section 6, Township 61S, Range 40E, Monroe County, Florida, having Real Estate Number: 00083970.000000, in accordance with Map 1 referred to. This parcel is split between three (3) Land Use Districts. The Sub Urban Residential (SR) and Native Area (NA) portions of the parcels shall remain unchanged. The Board accepted public input with the following individuals addressing the Board: Kay Thacker, representing the Federation of Chambers; Diane Beruldsen, 45 Fred Nickerson, Ron Miller, representing the Upper Keys Citizen's Association; Joel Reed, representing Northstar Resorts; and Jim Saunders. Acting Growth Management Director, Drew Trivette; Suzanne Hutton, County Attorney; and Tom Willi, County Administrator discussed the item with the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Neugent Yes Commissioner Murphy No Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. ORDINANCE NO. 002-2007 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider approval of a Resolution for a Budget Amendment for the General Fund 001, Uninc. Svc Dist Parks & Recreation Fund 147, and Planning, Building, and Zoning Fund 148. The Board accepted public input with the following individual addressing the Board: Pauline Klein. Motion was made Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 094-2007 Said Resolution is incorporated herein by reference. 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 MonroeCounty, Florida ~M(]. ~~~ Isabel C. DeSantis, Deputy Clerk