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07/18/2007 Regular 149 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 18, 2007 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Mayor's Proclamation recognizing July 26,2007 as ADA Anniversary Day. BULK APPROVALS Motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval of the following items: Board granted approval and authorized execution of a Renewal Agreement between Monroe County and Preferred Governmental Claims Solutions (PGCS) for Third Party Administration of the Workers' Compensation Program for Monroe County. Board granted approval of Renewal of Airport Liability Insurance with Ace USA through Arthur J. Gallagher and Company. Provides $50 million in liability insurance coverage for Airport Operations (Key West and Marathon). Board adopted the following Resolutions for the Transfer of Funds and Resolutions for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 236-2007 ISO Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 237-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 238-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.4). RESOLUTION NO. 239-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 240-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 241-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 242-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 243-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 244-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 245-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. II). RESOLUTION NO. 246-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 247-2007 Said Resolution is incorporated herein by reference. 151 Receipt of Unanticipated Funds COMB Schedule Item No. 13). RESOLUTION NO. 248-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds COMB Schedule Item No. 14). RESOLUTION NO. 249-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds COMB Schedule Item No. 15). RESOLUTION NO. 250-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds COMB Schedule Item No. 16). RESOLUTION NO. 251-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds COMB Schedule Item No. 17). RESOLUTION NO. 252-2007 Said Resolution is incorporated herein by reference. Transfer of Funds COMB Schedule Item No. 18). RESOLUTION NO. 253-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds COMB Schedule Item No. 19). RESOLUTION NO. 254-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds COMB Schedule Item No. 20). RESOLUTION NO. 255-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds COMB Schedule Item No. 21). RESOLUTION NO. 256-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds COMB Schedule Item No. 22). RESOLUTION NO. 257-2007 Said Resolution is incorporated herein by reference. Board granted approval to advertise Public Hearings concerning the annual non- ad valorem assessment for the collection, disposal, and recycling of residential solid waste; and the establishment of collection, disposal, and recycling rates for commercial waste stream generators, as required by Florida Statutes. 152 Board adopted the following Resolution adopting the tentative Residential Solid Waste Collection, Disposal and Recycling Rates for the Fiscal Year 2007 - 2008. RESOLUTION NO. 258-2007 Said Resolution is incorporated herein by reference. Board adopted the following Resolution adopting the tentative per month Solid Waste Collection, Disposal, and Recycling Service Rates for commercial property in the various Solid Waste Collection Franchise Areas for Fiscal Year 2008. RESOLUTION NO. 259-2007 Said Resolution is incorporated herein by reference. Board granted approval to award bid and authorized execution of an Agreement between Monroe County and US Biosystems, Inc. (lowest bidder) for Ground Water and Surface Water Sampling and Analysis at the County's three (3) landfills. Board granted approval to award bid and authorized execution of an Agreement between Monroe Colinty and Weathertrol Maintenance Corp. for central air conditioning maintemmce and repair for County facilities in the lower keys. Board granted approval to enter into a one-year Residential Lease between Monroe County and a Law Enforcement Officer of the Monroe County Sheriffs Office to reside in Unit B ofthe duplex located at Key Largo Community Park. Board granted approval to extend the Agreement with Beyer Funeral Home located in the Upper Keys to continue to lease premises for use as interim Medical Examim:r facilities on a month-to-month basis, effective October 1, 2007, until completion of the new facility. Board granted approval to extend Agreement with Florida Keys Funeral Services, LLC located in Big Pine Key to continue to sub-lease premises for use as interim Medical Examim:r facilities on a month-to-month basis, effective October 1,2007, until completion of the new facility. Board granted approval of award of bid and authorized execution of a Cleaning Contract between Monroe County and Culver's Cleaning Company to provide Janitorial Services at Florida Keys Marathon Airport, in the amount of $39,600 per year. Board granted approval and authorized execution of a Fourth Amendment to Lease Agreement between Monroe County and Tony D' Aiuto d/b/a Antique Aircraft Restorations, a lessee at the Florida Key Marathon Airport. Board granted approval to advertise for sealed bids for the purchase of a new ambulance that meets the needs of Monroe County, as determined by the Fire Rescue Apparatus and Equipment Committee. 153 Board accepted the Receipt of the Monthly Report on Change Orders reviewed by the County Administrator's Office. There were five change orders considered and approved by the County Administrator for the period beginning June 1, 2007 and ending June 30, 2007 for a total of $32,029.61. Said report is incorporated herein by reference. Board granted approval and authorized execution of the Institutional Medicaid Provider Agreement between Monroe County and the Agency for Health Care Administration for Monroe County Bayshore Manor to re-enroll in a Provider Agreement for participation in the Title XIX Institutional Florida Medicaid Program. Board adopted the following Resolution authorizing certain agents of the animal control contractors to enforce Chapter 3, Monroe County Code, and Chapter 828, Florida Statutes, and to issue citations for violations of the Monroe County Code, including requiring appearance for disposition in County Court; and providing for removal of authority for certain agents previously provided authority by the Commission and approved by a Judge ofthe Sixteenth Judicial Circuit, Monroe County, Florida. RESOLUTION NO. 260-2007 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and Ameurop Travel Services to exercise option in Agreement to extend for two (2) additional years. Board granted approval and authorized execution of an Agreement between Monroe County and Cellet Travel Services Ltd. to provide European Sales and Promotional Services which promote tourism commencing October 1, 2007. Board granted approval and authorized execution of an Agreement for Public Relations Services between Monroe County and Stuart Newman Associates, Inc. d/b/a Newman PR to provide public relations services which promote tourism effective October 1, 2007. Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and the Gay & Lesbian Community Center o:fKey West, Inc. to revise date of event and scope of services. Board granted approval of the Monroe County Tourist Development Council 2007-2008 Marketing Plan. COMMISSIONERS' ITEMS Board granted approval of Commissioner Spehar's appointment of Ms. Michelle 154 Wisniewski to the Florida Keys Council for People with Disabilities, the term for re- appointment is three (3) years. Board granted approval of Commissioner Spehar's appointment of City Commissioner, Mr. Bill Verge to the Key West Beach Advisory Board, replacing Mr. Tom Sawyer who passed away. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Special Meetings of May 2, 17 and 21, 2007 and Regular Meeting of May 16, 2007 (previously distributed). Board granted approval of the following Warrants (102333-102441 & 518164- 519035): General Fund (001), in the amount of$I,564,518.19; Fine & Forfeiture Fund (101), in the amount of$123,296.68; Road and Bridge Fund (102), in the amount of $207,043.67; TDC District Two Penny (115), in the amount of$245,350.43; TDC Admin. & Promo 2 Cent (116), in the amount of $426,300. 18; TDC District 1,3 Cent (117), in the amount of$127,220.35; TDC District 2,3 Cent (118), in the amount of $50,687.92; TDC District 3,3 Cent (119), in the amount of$31,954.07; TDC District 4,3 Cent (120), in the amount of $119,307.00; TDC District 5,3 Cent (121), in the amount of$146,454.13; Gov. Fund Type Grants (125), in the amount of $2,731,985.29; Impact Fees Roadways (130), in the amount of $84,476.68; Fire & Amb Dist 1 L&M Keys (141), in the amount of$316,920.55; Upper Keys Health Care (144), in the amount of$9.75; Fire & Amb Dist 6 Key Largo (146), in the amount of$300.00; Uninc Svc Dist Parks & Rec (147), in the amount of$160,722.25; Plan, Build, Zoning (148), in the amount of$332,508.42; Municipal Policing (149), in the amount of$I,685.23; 911 Enhancement Fee (150), in the amount of$236,575.35; Duck Key Security (152), in the amount of$3,984.07; Local Housing Assistance (153), in the amount of $287,100.00; Boating Improvement Fund (157), in the amount of$46,371.83; Misc. Special Revenue Fund (158), in the amount of $1,144,496.32; Environmental Restoration (160), in the amount of$8,298.73; Law Enforcement Trust (162), in the amount of$13,500.00; Bay Point Wastewater MSTU (168), in the amount of $46.94; Big Coppitt Wastewater MSTU (169), in the amount of$208.94; Key Largo Wastewater MSTU (170), in the amount of$564.73; Stock Island Wastewater (171), in the amount of $33.24; Cudjoe-Sugarloaf MSTU (172), in the amount of $36.01; Conch Key MSTU (174), in the amount of$39.48; Long Key, Layton MSTU (175), in the amount of$36.01; Duck Key MSTU (175), in the amount of$36.04; 1 Cent Infra Surtax (304), in the amount of$3,666,142.98; 2003 Revenue Bonds (307), in the amount of$709,702.98; Card Sound Bridge (401), in the amount of$I,204,627.75; Marathon Airport (403), in the amount of $66,902.76; Key West Inti. Airport (404), in the amount of$I,019,738.28; KW AlP Series 2006 Bonds (405), in the amount of $342,906.41; MSD Solid Waste (414), in the amount of$799, 183.42; Worker's Compensation (501), in the amount of$13,338.03; Group Insurance Fund (502), in the amount of$90,823.81; Risk Management Fund (503), in the amount of 155 $129,158.52; Fleet Management Fund (504), in the amount of$158,407.75, Fire&EMS LOSAP Trust Fund (610), in the amount of$510.00. Board granted approval of the following Tourist Development Council Expenditures for the month of June, 2007: Advertising, in the amount of$660,756.73; Bricks &: Mortar/Interlocal Projects, in the amount of$68,033.89; Visitor Information Services, in the amount of$60,333.60; Events, in the amount of$84,073.06; Office Supplies & Operating Costs, in the amount of$37,275.08; Personal Services, in the amount of$62,567.18; Public Relations, in the amount of$104,097.00; Sales & Marketing, in the amount of $44,560.34; Telephone & Utilities, in the amount of $18,455.08; Travel, in the amount of$7,122.12. Board granted approval and authorized execution of a an Audit Contract between Monroe County and Cherry, Bekaert & Holland, LLP for the provision of providing professional auditing services. Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said schedule is incorporated herein by reference. COUNTY ATTORNEY Board granted authorization to institute collection proceedings and/or enter settlement negotiations with Jerome Pfahning in Code Enforcement Case No. CE05020266. Board granted approval of the April 23, 2007 Invoice No. 1598854 in the amount of $36,2:54.00 from Paul Hastings for services regarding Galleon Bay v. Monroe County, Case No, 2004-CA-02-595-K. Board granted approval ofthe April 2007 Invoice No. 1603123 in the amount of $31,185.00 from Paul Hastings for services regarding Emmert v. Monroe County, Case No. 02-CA-520-P. Board granted approval of the May 30,2007 Invoice No. 1608121 in the amount of $36,3:56.00 from Paul Hastings for services regarding Collins v. Monroe County, Case No.2004-CA-379-M Board granted approval and authorized execution of a Lease Agreement between Monroe County and 12th Street LTD to relocate the County Attorney's Office to the Key West Professional Building on 12th Street. Board adopted the following Resolution designating a "Brownfields" area in the County of Monroe, Florida to include the Old BaltuffDump Site on Middle Torch Key, for the purpose of environmental remediation, rehabilitation and economic development, further directing the Clerk of the Court transmit a copy of this Resolution to the Florida Department of Environmental Protection to provide notification of said designation 156 pursuant to Chapter 62-785, F.A.C., Brownjields Cleanup Criteria Rule (Note: Item is re-opened later in the meeting for further discussion). RESOLUTION NO. 261-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement for Probation Services between Monroe County and Court Options, Inc. for misdemeanor probation services. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed removing the termite-ridden tiki hut structures at the Blue Heron Park, Big Pine Key. The following individual addressed the Board: Ron Miller. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy approving the request. Motion carried unanimously. Lisa Tennyson, Affordable Housing Coordinator discussed the approval of committee ranking and authorization to qualify seven developers to provide housing development services and to be included on Monroe County's list of Approved Housing Development Service Providers for future affordable/workforce housing projects. The following individuals addressed the Board: Ron Miller, Diane Beruldson, Jorge Lamadrid, representing Jorge Lamadrid Construction, and Bob Calhoun, representing Habitat for Humanity Key West. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to accept all seven (7) developers. The document entitled RFQ - Affordable & Employee Workforce Housing at 4 specified locations is incorporated herein by reference. Motion carried unanimously. Dent Pierce, Public Works Director discussed the Interlocal Agreement with the Monroe County School Board concerning SugarloafSchool Park. Tom Will, County Administrator and Suzanne Hutton, County Attorney addressed the Board. The Board took no official action. The Board discussed the approval to continue to retain four (4) Flight Nurse positions for the Trauma Star Program on a temporary basis pending the outcome ofthe RFP process. The following individual addressed the Board: Harry Miller. Sheriff Richard D. Roth then discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to accept the Sheriffs commitment to continue to retain the four (4) flight nurse positions including benefits with funding to be provided from the Sheriffs Asset Forfeiture Fund. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes 157 Mayor DiGennaro Yes Motion carried. COUNTY ATTORNEY Motion was made by Commissioner Neugent and seconded by Commissioner McCoy to re-open the agenda to reconsider Item N.12 concerning a Resolution designating a "Brownfields" area in the County of Monroe, Florida to include the Old BaltuffDump Site on Middle Torch Key, for the purpose of environmental remediation, rehabilitation and economic development, further directing the Clerk ofthe Court transmit a copy ofthis Resolution to the Florida Department of Environmental Protection to provide notification of said designation pursuant to Chapter 62-785, F.A.C., Brownfields Cleanup Criteria Rule. Motion carried unanimously. MONROE COUNTY TAX COLLECTOR Denise Henriquez, Tax Collector presented the recap of the 2006 Tax Roll, the list ofEITors and Insolvencies for the 2006 Tax Roll, and requested approval of the 2007 Tax Roll to be extended and the bills be mailed prior to completion of Value Adjustment Board Hearings. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy authorizing the extension of the 2007 Tax Roll. Motion carried unanimously. COUNTY ATTORNEY The Board discussed a Resolution designating a "Brownfields" area in the County of Monroe, Florida to include the Old BaltuffDump Site on Middle Torch Key, for the purpose of environmental remediation, rehabilitation and economic development, further directing the Clerk ofthe Court transmit a copy ofthis Resolution to the Florida Department of Environmental Protection to provide notification of said designation pursuant to Chapter 62-785, F.A.C., Brownfields Cleanup Criteria Rule. The following individuals addressed the Board: Mike Tinnell and Bill Loewy, founder of Habitat for Humanity. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to approve the Resolution. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Mark Rosch, Land Authority Director provided the Board with the second draft inventory list of all real property within Monroe County to which the county holds fee simple title that is appropriate for use as affordable housing approval to advertise a Public Hearing in August for the Board to review and possibly revise the inventory list. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval of the advertisement. Motion carried unanimously. 158 MISCELLANEOUS ITEM Suzanne Hutton, County Attorney introduced Greg Oropeza. Mr. Oropeza is a summer law clerk working in the County Attorney's Office. MISCELLANEOUS BULK APPROVALS Dave Koppel, County Engineer addressed the Board concerning approval to rescind Resolution 519b-2006 requesting the Florida Department of Transportation to give Monroe County real property (right-of-way) on Stock Island for the purpose of constructing a Public Library. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to rescind the Resolution. Motion carried unanimously. Suzanne Hutton, County Attorney discussed the Purchase and Sale Agreement between Monroe County and King's Pointe Marina LLC for the sale of the Hickory House property. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to table the item. Motion carried unanimously. Connie Christian, representing the Florida Keys Society for the Prevention of Cruelty to Animals addressed the Board concerning a Resolution of the Monroe County Board of County Commissioners exploring the possibility of the City of Key West deeding to Monroe County the parcels ofland on Stock Island now used for animal control offices, animal sheltering, parking, and associated uses. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 262-2007 Said Resolution is incorporated herein by reference. The Board discussed reducing or eliminating the number of days that bids are advertised and the number of newspapers they are advertised in. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded Commissioner Spehar to advertise request for bids one time in all three area newspapers - Key Noter, Reporter, and Key West Citizen. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Mayor DiGennaro's item concerning a Resolution supporting a program to convert decommissioned septic tanks to cisterns for landscape irrigation and other non-potable water uses. Robert Eadie, J.D., Administrator of the Monroe County Health Department addressed the Board. Suzanne Hutton, County Attorney discussed the matter. Commissioner Neugent excused himself from the meeting. After discussion, motion was made by Commissioner Murphy and seconded by 159 Commissioner Spehar to adopt the following Resolution. Motion carried unanimously, with Commissioner Neugent not present. RESOLUTION NO. 263-2007 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy authorizing the Mayor to send a letter on behalf of the Board of County Commissioners to the Department of Health recommending a variance procedure to provide property owners decommissioning septic tanks for central wastewater hookup to convert the cleaned septic tank to a cistern. Motion carried unanimously, with Commissioner Neugent not present. Commissioner Neugent entered the meeting and took his seat. STAFF REPORTS Emplovee Services - Teresa Aguiar, Division Director advised the Board that she will not pursue a Request for Proposals for employee training as previously discussed with the Board as the grant will not fund the training. Public Works - Dent Pierce, Division Director advised the Board that the Tourist Development Council has granted funding for the following projects: African Memorial Phase II, in the amount of$118,000; Lighting for West Martello Towers, in the amount of $50,000; and a concrete slab around the pool at Harry Harris Park, in the amount of $31,700. Airports - Peter Horton, Airports Director reported the following matters: Delta Airlines will be suspending flights at the Florida Keys Marathon Airport as of September 6,2007; Gulfstream Airlines plan to serve the Florida Keys Marathon Airport; and Status of the Grant Funding Agreement from the United States Department of Transportation. Bob Shillinger, Chief Assistant County Attorney briefly discussed the Grant Funding Agreement. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item concerning the acceptance by the Board of County Commissioners of the "Operation Seamless" Action Plan for Affordable Housing as proposed by the Department of Community Affairs which was designed by a multi-division agency team concept as a plan to guide future Affordable Housing decisions and development. Suzanne Hutton, County Attorney read into the record a letter from the Department of Community Affairs - Charles Gauthier, AICP Director, Division of Community Planning, dated July 17, 2007. The following individuals addressed! the Board: Diane Beruldson, John Hammerstrom, Ed Swift, representing the Affordablle Task Force; and Attorney Jerry Coleman, P.L., representing Monroe County- Workforce Housing. After discussion, motion was made by Commissioner Neugent and 160 seconded by Commissioner Murphy to advertise a workshop with the Board of County Commissioners, and designated representatives from the Planning Commission, Affordable Housing Task Force and Department of Community Affairs. Motion carried unanimously. * * * * * * 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. Gary Boswell, Batallion Chief - representing James Callahan, Acting Fire Chief summarized the status of Monroe County Fire Stations, equipment and apparatus. The following individuals addressed the Board: Jim Hupp, Bill Bradbury, representing the SugarloafShores Property Owners Association; Bob Adair, representing the Sugarloaf Key Volunteer Fire Department; Kathy Wheeler, representing the Big Pine Key Civic Association, and Diane Beruldson. Dave Koppel, County Engineer discussed the construction status of certain Monroe County Fire Stations. The Board took no official action. The Board of Governors also discussed the direction to Staff to bring back a compreh'~nsive report and plan to address the overdue start of construction of the following fire stations: Conch Key, Big Pine Key, SugarloafKey, and Stock Island in conjunction with a report for necessary staffto properly operate said stations. Report on equipment ordered and equipment that needs to be ordered to properly provide adequate protection for fire and EMS. Clarification on why taxpayers are not paying - already- enough taxes to expect quality service from Monroe County Fire and EMS. There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I, was adjourned. * * * * * The Board of County Commissioners meeting reconvened with all commissioners present. COMMISSIONERS' ITEMS The Board discussed Commissioner Spehar's item concerning a request that the Board of County Commissioners direct Growth Management Staff to immediately identify and initiate the method for adopting the proposed 2007 U.S. Navy Boca Chica Air Station AICUZ analysis and corresponding maps, together with analyzing which 161 County Land Development Regulations and Comprehensive Plan elements must be amended to accomplish the adoption according to the appropriate parts of State law. The following individuals addressed the Board: Captain J. R. Brown, representing the Naval Air Station Boca Chica; Paul Caruso, representing Stop the Planes.com; Diane Beruldson, Ron Miller, representing Upper Keys Citizens Association; Peter Bac1e, Rosario Scavelli, and John Hammerstrom. Andrew Trivette, Growth Management Director, discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy directing Growth Management Staff to immediately identify and initiate the method for adopting the proposed 2007 U.S. Navy Boca Chica Air Station AICUZ analysis and corresponding maps, together with analyzing which County Land Development Regulations and Comprehensive Plan elements must be amended to accomplish the adoption according to the appropriate parts of State law. After further discussion, the motion was withdrawn. Motion was then made by Commissioner Spehar and seconded by Commissioner Neugent directing Growth Management Staffto identify a process and to initiate same to analyze the AICUZ recommendations and to bring forward a recommendation as to how to address them. Roll call vote was unanimous. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance amending Chapter 11-12(b), Monroe County Code to increase the surcharge to $5.00 for each Civil Traffic penalty; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 034-2007 Said Ordinance is incorporated herein by reference. WASTEWATER ISSUES The Board discussed the Big Coppitt Key and Duck Key initial assessment Resolution and approval to advertise a Public Hearing for same, describing the method of assessment against certain properties in the Big Coppitt Key and Duck Key sewer service areas. Attorney Jerry Coleman, P.L., representing Monroe County - Workforce Housing addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the Resolution. During discussion, the second to the motion withdrew. The motion was then seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner McCoy No The Board continued to discuss the item before completion of the vote. Liz Wood, Sr. Administrator - Sewer Projects; Dave Koppel, County Engineer; and Tom 162 Willi, County Administrator discussed the matter. Roll call vote was continued with the following results: Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar Yes Mayor DiGennaro Yes Motion earried. Resolution relating to the provision of wastewater service to properties; describing the system development fee, collection costs and the other terms and conditions of the non-ad valorem annual wastewater assessments; establishing the amount ,md term of the annual wastewater assessment for each parcel of property to be assessed:; directing preparation of the initial non-ad valorem assessment roll; establishing a public hearing to consider imposition ofthe proposed wastewater assessments and the method oftheir collection; directing the provision of notice in connection therewith; and providing an effective date. RESOLUTION NO, 264-2007 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval to advertise a Public Hearing to adopt the Big Coppitt Regional Wastewater Treatment System Facilities Plan at the August BOCC meeting. Motion carried unanimously. Elizabeth Wood, Senior Administrator - Sewer Projects and Dave Koppel, County Engineer discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval to advertise a Public Hearing to adopt Duck Key Regional Wastewater Treatment System Facilities Plan at the August BOCC Meeting. Roll call vote was taken with the following results: Commissioner McCoy No Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of a 20' Sewer Utility Easement Agreement for Tract C of Porpoise Point Section Four on Big Coppitt Key, Real Estate ill 00155820-000000. Motion carried unanimously. 163 Chris Johnson and William Barry, representing KW Resort Utilities Corp. discussed with the Board the Big Coppitt Sewer - Bulk Agreement. The Board took no official action. STAFF REPORTS Growth Management - Andrew Trivette, Division Director discussed division improvements for the building department permit process. Mr. Trivette informed the Board that the department is working on a new fee schedule for Code Enforcement, Planning and Building Departments. The following individuals addressed the Board: Dave Score, Superintendent representing Florida Keys National Marine SanctuarylNOAA; and Bruce Popham, representing the Sanctuary Advisory Council. Tom WiHi, County Administrator discussed the Marine Resources Department and related matters. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to reinstate the Marine Resources Department. Roll call vote was taken with the following results: Commissioner McCoy No Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar No Mayor DiGennaro No Motion failed. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution extending Interim Development Ordinance (IDO) No. 017-2005 and deferring the acceptance of development applications for the redevelopment and/or conversion of marine facilities including commercial marinas and the working waterfront until land development regulations and comprehensive plan amendments are drafted; providing for exemptions; providing for expiration on January 9, 2008 or when the amendments become effective, whichever occurs first. The following individual addressed the Board: Kay Thacker. Andrew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution, as revised. Said resolution was revised to indicate that the IDO be extended for one (1) year or until changes in the Land Development Regulations (LDRs) or Comprehensive Plan become effective, which ever comes first. ( Note: Item is re-opened later in the meeting and reconsidered). RESOLUTION NO. 265-2007 Said Resolution is incorporated herein by reference jiEVISIVN 164 Motion earried unanimously. A Public Hearing was held to consider adoption of an Ordinance repealing Sections 9.5-171 through 9.5-174 of the Monroe County Code concerning Beneficial Use Determinations; providing for new Regulations concerning Beneficial Use Determinations; providing a forum for relief; providing an application process; providing for a hearing and recommendation by a Special Master; providing for forwarding such recommendation to the Board of County Commissioners for a hearing; providing for standards, burden of proof and forms of relief; providing for codification, severability and repeal of inconsistent provisions; providing for forwarding ofthis Ordinance to the Department of Community Affairs and the Secretary of State; providing for an effective date. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Ordinance, (original version). * Motion carried unanimously. ORDINANCE NO. 035-2007 Said Ordinance is incorporated herein by reference. Suzanne Hutton, County Attorney addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to re-open the item. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to approve the Resolution to defer the acceptance of applications for the redevelopment and/or conversion of marine facilities including commercial marinas and the working waterfront for one (1) year or until changes in the Land Development Regulations (LDRs) or Comprehensive Plan become effective, which ever comes first. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance approving a request by Pine and Palms Trailer Park Association for a Land Use District Map amendment from Urban Residential Mobile Home-Limited (URM-L) to Urban Residential Mobile Home (URM) for property legally described as Lots 1-16, Maloney Subdivision, Pine & Palms Trailer Park, Stock Island, Section 35, Township 67, Range 25, Monroe County, Florida, having real estate numbers: 00126100.000101, 00126100.000102,00126100.000103, 00126100.000104, 00126100.000105, 00126100.000106,00126100.000107, 00126100.000108, 00126100.000109, 00126100.000110,00126100.000111, 00126100.000112, 00126100.000113, 00126100.000114,00126100.000115, and 00126100.000116. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 036-2007 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance approving the request by Lee Robert Rohe, on behalf of Ruben Investment Properties, to amend the 165 Land Use District Map for the following properties from Improved Subdivision (IS) to Sub Urban Commercial (Se). The properties are physically located on First Street, Big Coppitt Key and are legally described as Block 18, Lot 1, Johnsonville Subdivision, PB 1-53, Big Coppitt Key, Momoe County, Florida and part Govermnent Lot 3, Big Coppitt Key, Momoe County, Florida. The real estate numbers are 00153240.000000 and 00121660.000000, at approximate mile marker 10. Andrew Trivette, Growth Management addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Cormnissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 037-2007 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance providing for a moratorium on the acceptance of development applications for the redevelopment of mobile home parks within unincorporated Monroe County; providing for exemptions; providing for vested rights; providing for appeals; providing for exhaustion of administrative remedies; providing for a cormnencement date of May 16, 2007 and an expiration date of November 16,2007, or when amendments to the mobile home park redevelopment regulations become effective, whichever comes first; providing for transmittal to the Department of Community Affairs; providing for severability; and providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Diane Beruldson, Pauline Klein, and Robert Cintron. After discussion, motion was made by Commissioner Neugent and seconded by Mayor DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 038-2007 Said Ordinance is incorporated herein by reference. STAFF REPORTS Engineering - Dave Koppel, Division Director discussed the following county projects: Pigeon Key Ferry Service; Funding requests before the Tourist Development Council- DAC not approved: Higg's Beach Pier, Murray E. Nelson Building, and the Vandenberg. Mr. Koppel indicated that the contractor for the Freeman Justice Center (FJe) continues to send claims or change orders for additional money. Mr. Koppel also informed the Board that the anticipated scheduled completion dates for the FJC are: Exterior Cladding, November, 2007 and Building, September, 2007. COUNTY ATTORNEY The Board discussed a new Contract with Jerry Coleman, Esq., and determination ofterm in paragraph 3: (a) "on a services needed basis" OR (b) "through October 6, 2007". The following individuals addressed the Board: Sue Heim, Kathy Thacker, and Diane Beruldson. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Cormnissioner Spehar and seconded by Commissioner 166 McCoy granting approval and authorizing execution of the Contract - (a) "on a services needed basis". Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. COMMISSIONERS' ITEMS The Board discussed Mayor DiGennaro's item concerning the U.S. Mayors' Climate Protection Agreement. The following individuals addressed the Board: Diane Beruldson, representing Jody Smith Williams; and Jerry Coleman. After discussion, motion was made by Mayor DiGennaro and seconded by Commissioner Murphy to adopt the following Resolution endorsing the U.S. Mayors Climate Protection Agreement as amended to reduce global warming pollution; authorizing full membership in the ICLEI (Local Governments for Sustainability) and participation in the cities for Climate Protection Campaign. Motion carried unanimously. RESOLUTION NO. 235-2007 Said Resolution is incorporated herein by reference. The Board discussed Commissioner Neugent's item concerning a Resolution urging the National Park Service to consider Alternative E for the General Management Plan for Everglades National Park; providing for transmittal of this Resolution to the National Park Service; and providing for an effective date. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 266-2007 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR The Board discussed a Resolution directing Staffto organize efforts to seek out and apply for appropriate grants to offset costs; waiving the existing requirements that each grant application be individually approved by the Board prior to submission and again prior to acceptance of the award when the award does not require a match by Monroe County; and maintaining all existing requirements for grant applications and acceptanc'e of grant awards that do require a match by Monroe County. The following individuals addressed the Board: Sue Heim and Pauline Klein. Dawn Aker, Project Manager to the County Administrator discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy approving the 167 item with the modification that information on all grants that are applied for must be reported to the Board at its' next regularly scheduled meeting after application is made. Motion <:arried unanimously. RESOLUTION NO. 267-2007 Said Resolution is incOlporated herein by reference. COUNTY ATTORNEY The Board discussed a First Amendment to the Agreement with Greenberg Traurig P.A. for the consulting services of Kenneth Metcalf. The Amendment will continue Mr. Metcalf's consulting services regarding Hurricane Evacuation as it relates to Affordable Housing. The Amendment does not increase the total contract amount on the original Agreement. Robert Shillinger, Assistant County Attorney discussed the matter. The following individuals addressed the Board: Kay Thacker, and Diane Beruldson. After discussion, motion was made by Mayor DiGennaro and seconded by Commissioner McCoy granting approval and authorizing execution of the item. Motion carried unanimously. The Board discussed: I) Memorandum of Understanding, 2) Declaration of Non- exclusive Irrevocable Easement 3) Ground Lease Agreement, and 4) Memorandum of Lease with the City of Marathon (hereafter "City") for the installation of the City's force main sewer line along the Florida Keys Marathon Airport (hereafter "FKMAP) utility easement; <conditioned upon approval by the Federal Aviation Administration (hereafter "FAA") and review and acceptance by Monroe County Engineering ofthe Easement Parcel Survey to be provided. Pedro Mercado, Assistant County Attorney; and Tom Willi, County Administrator discussed the matter. No official action was taken as the Board continued the item to tomorrow's meeting _ (July 19th). The Board continued the following items to tomorrow's meeting (July 19th): H3, K3, K4, K5, Nl, N4, N8, NIl, N13, and N15. Commissioner Spehar and the Board expressed their condolences to the family and friends of Betty Vail who passed away. 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 .{h~ C. ().JfcwdW Isabel C. DeSantis, Deputy Clerk