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08/15/2007 Regular 179 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners VVednesday,August 15,2007 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Key Largo Library. Present and answering to roll call were Commissioner Charles "Souny" McCoy, Commissioner Sylvia Murphy, Commissioner George R. Neugent, Commissioner Dixie M. Spehar and Mayor Mario DiGennaro. Also present at the meeting were Thomas VVilli, County Administrator; Darmy L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. PRESENTATION OF AWARDS Presentation of Years of Service Award for IS years of service to Monroe County to Mark Payakovich, Chief Mechanic, Fleet Management, Public VVorks Division. Presentation of Years of Service Award for IS years of service to Monroe County to James Bates, VVeighmaster, Solid VVaste Management, Public VVorks Division. Presentation of Years of Service Award for 20 years of service to Monroe County to Angela Michal, Veterans Service Counselor, Department of Veterans Affairs. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Murphy and seconded by Commissioner Spehar granting approval of Additions, Corrections, and Deletions to the agenda. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy Yes Commissioner Neugent No Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval of the following items by unanimous consent: 180 Board granted approval to evict Flying Boat, Inc. d/b/a Chalks' International Airlines, Chalk's Ocean Airways, from their rental space at the Key West International Airport. Board granted approval of the revised Operating Budget for Republic Parking, for the period of November I, 2006 - October 31, 2007, for parking lot management at the Key West International Airport, revised July 23,2007. Board granted approval and authorized execution of a Lease Renewal Agreement between Monroe County and the Boys and Girls Club of the Keys Area, Inc. for the facility at the Key West International Airport, in the amount of$56,400 to be paid to the Airport from the 304 Fund. The original Lease Agreement is hereby renewed for a one- year term beginning May 5, 2007 and expiring May 4, 2008. Board granted approval to either piggyback on the competitive bid between the Key West Police Department and Farber Specialty Vehicles of Columbus, Ohio and/or go out for competitive bids for a new Airport On-Scene Response Command Vehicle and other selected equipment for a total amount not to exceed $160,000. Board granted approval to advertise a Request for Proposals for a Master Concessionaire for the new Terminal at the Key West International Airport. Board granted approval and authorized execution of an Interagency Agreement between Monroe County and the State of Florida, Department of Juvenile Justice (DJJ) regarding the confidentiality of information concerning juveniles sent to each county quarterly as outlined in Rule 63G-I Detention Cost Sharing. The Agreement will also assist the DJJ to establish an identical effective agreement date for all 67 counties. Board granted approval to advertise a Budget Amendment for KW AlP Series 2006 Bonds, Fund 405. Board granted approval to advertise a Public Hearing for an Ordinance amending Section 13.5-5(d) in order to extend Big Coppitt Volunteer Fire Department Park Hours; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Board adopted the following Resolution authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of Small County Solid Waste Grant Funds. RESOLUTION NO. 268-2007 Said Resolution is incorporated herein by reference. 181 Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Monroe County School Board for joint use of fuel facilities and combined bulk fuel purchasing. Board granted approval to terminate the month-to-month Contract between Monroe County and G & K Services, Inc. effective August 27, 2007, and to award bid and authorized execution of an Agreement for Uniform Services between Monroe County and ARAMARK Uniform & Career Apparel, L.L.C. for the Division of Public Works uniform services. The Agreement with ARAMARK has a total agreement amount of which is not to exceed $25,000. Board granted approval and authorized execution of (1) Renewal and Amendment of Agreement between Monroe County and Synagro Southeast, Inc. for Operation and Maintenance of the Wastewater Treatment Plant at Marathon Government Center in order to renew for an additional one year period and clarify Item 4 in the original Contract, Contract sum, and (2) Assignment and Assumption of Agreement of Contract and Consent from Synagro Southeast, Inc. to Synagro South, LLC. Board granted approval and authorized execution of a Lease Renewal and Amendment 1 between Monroe County and the State of Florida, Department of Juvenile Justice to occupy office space on the second floor ofthe Department of Juvenile Justice Building. The lease renewal shall commence on November 1, 2007 and end on October 31,2012. Board granted approval and authorized execution of a Lease Agreement Renewal between Monroe County and the Florida Keys Outreach Coalition to occupy office space on the second floor ofthe Department of Juvenile Justice Building. The lease renewal shall commence on October 1, 2007 and expire on September 30, 2012. Board granted approval and authorized execution of a Lease Agreement Renewal between Monroe County and the Florida Keys Children's Shelter to occupy office space on the second floor of the Department of Juvenile Justice Building. The lease renewal shall commence on October 1,2007 and expire on September 30,2012. Board granted approval and authorized execution of a one-year Residential Lease Agreement between Monroe County and a law enforcement officer selected by the Sheriff of Monroe County. Board granted approval and authorized execution of a Business Lease Renewal between Monroe County and Independent Mortgage and Finance Company, Inc. for office space for the Technical Support staff ofthe 16th Judicial Circuit. The lease renewal shall commence on October 1, 2007 and expire on September 30, 2008. Board granted approval and authorized execution of a Second Amendment to Contract Renewal between Monroe County and General Asphalt Co., Inc. to authorize 182 payment of vendor invoices in the amount of$1,584.49 for asphalt received and used by the County which exceeded the 1st year's contract payment cap. Board granted approval of correction of Scrivener's error on Amendment to Contract Renewal between Monroe County and General Asphalt Co., Inc., from the May 16,2007 meeting. The date referenced in Section 2 of the Amendment to Contract Renewal should be April 18, 2007 not April 18, 2008. Board granted approval and authorized execution of the First Amendment to Contract between Monroe County and Humane Animal Care Coalition, Inc., to change current Contract language under Section E - Hurricane or Other Natural Disaster, to more accurately define procedures. Board granted approval to accept a Grant Award in the amount of $320,000 from the City of Key West, Community Development Office, for Bayshore Manor for certain repairs/replacements and approval to advertise the project for bids. Board granted approval ofthe Adult Services Home and Community Based Waiver Case Management Referral Agreement between the Florida Department of Children and Families (DCF) District 11 Program Office and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for State Fiscal Year 2007 - 2008. Board accepted the Receipt of the Monthly Report on Change Orders reviewed by the County Administrator's Office. There were three Change Orders considered and approved by the County Administrator for the period beginning June 26, 2007 and ending July 31,2007 for a total of$86,909.03. Said report is incorporated herein by reference. Board granted approval and authorized execution of a Monroe County Art in Public Places Award Agreement between Monroe County and Nestor Madalengoitia for the renovation ofthe Tavernier Fire Station. Board granted approval and authorized execution of a Monroe County Art in Public Places Award Agreement between Monroe County and Terry Thommes, Thommes Studio, Inc. at the Freeman Justice Center. Board adopted the following Resolution approving the Emergency Local Government Emergency Relief Reimbursement Agreement with the Florida Department of Transportation for financial assistance with repairs related to Hurricane Dennis. RESOLUTION NO. 269-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Contract between Monroe County and Paradise Divers, Inc. for temporary ferry service between the City of Marathon and Pigeon Key. 183 Board granted approval and authorized execution of an Interlocal Agreement (ILA) between Monroe County and Miami-Dade County, to provide additional emergency transportation services to Monroe County residents, guests, workforce and their appropriately caged or crated pets during the evacuation, re-entry and recovery phase of an emergency as determined by Monroe County Emergency Management; and authorization for the County Administrator to execute any other required documentation in relation to the ILA process. Board granted approval to spend District 1 Fire and Ambulance Impact Fees for approximately 8 fire wells at strategic locations in the Lower Keys. Board granted approval to spend District 2 Fire and Ambulance Impact Fees for approximately 1 fire well at a strategic location in the Middle Keys. Board granted approval to spend District 3 Fire and Ambulance Impact Fees for approximately 6 fire wells at strategic locations in the Upper Keys. Board granted approval to spend District 4 Fire and Ambulance Impact Fees for approximately 1 fire hydrant at a strategic location in Key Colony Beach as determined by Marathon Chief Dale Beaver. Board granted approval and authorized execution of an Agreement between Monroe County and the University of Miami School of Medicine, Gordon Center for Research in Medical Education, Division of Pre-hospital and Emergency Healthcare designating Monroe County Fire Rescue as a satellite training site to offer Basic Life Support, and Advanced Cardiac Life Support courses. Board accepted the Monroe County Florida Volunteer Firefighter and Emergency Medical Services Length of Service Award Plan, Actuarial Report, dated January 1, 2006; Transfer of Funds for Plan Years 2006 and 1991 into the LOSAP Trust Fund; and adopted the following Resolution authorizing each participant in the LOSAP to be credited with an additional year of service. RESOLUTION NO. 270-2007 Said Resolution is incorporated herein by reference. Board granted approval for the establishment of nine Fire Rescue field positions, four Firefighter/Paramedic and five Firefighter/EMT, effective FY 2008 which would add one additional personnel on-duty 24/7 at Station 9 (Big Coppitt) and 13 (Big Pine), and relief coverage for vacation, sick leave, injuries, and offset some of the overtime expenses. Board granted approval and authorized execution of a Hanger Lease Agreement between Monroe County and Hangers On, Inc., tenants, for hangar space at the Florida Keys Marathon Airport. 184 Board granted approval of the appointment of David Rice to the Workforce Housing Task Force as an at-large member from the Middle Keys, replacing Josh Mothner who resigned. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament, Inc. between December 2006- November 2007, to revise the date of the Swordfish Tournament to July 7th and 8th, 2007. Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and Conch Republic Offshore Power Boat Racing Association, Inc. to revise scope of services for the 2006 Key West World Championship Race. Board granted approval and authorized execution of a Joint Project Agreement (NOS Agreement Code: MOA-2007-0l917442) among the U.S. Department of Commerce National Oceanic and Atmospheric Administration National Ocean Service and Monroe County Board of County Commissioners Tourist Development Council of Monroe County and The Nature Conservancy Florida Keys Program, to carry out data collection and analysis services. TDC payment will be $30,000, FY 2008 and $30,000, FY 2009. Board granted approval and authorized execution of an Amendment (1st Amendment) to Agreement between Monroe County and St. Paul's Episcopal Church of Key West, Florida to revise Exhibit A for the Performance at St. Paul's between October 1,2006 and September 30, 2007 in an amount not to exceed $5,000, FY 2007 Two Penny Cultural Umbrella Resources. Board granted approval and authorized execution of an Amendment (1 st Amendment) to Agreement between Monroe County and The Studios of Key West, Inc. to revise Exhibit A outlining work to be completed and the compensation paragraph. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon to provide funding assistance for the purchase of a new pump out vessel and to refurbish an existing pump out vessel using boating improvement funds. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and Florida Fish and Wildlife Conservation Commission for permission to access County-owned land on Grassy Key for removal of Gambian rats. Revision * 185 Board granted approval of a Grant Task Assignment, DEP Contract No. PL-029 - Task Assignment No. FK-079, between Momoe County and the Florida Department of Environmental Protection (FDEP) to receive an $80,000 grant for the removal of invasive exotic plant species from conservation lands that are owned or managed by Momoe County. Board granted approval of a Grant Task Assignment, DEP Contract No. PL-029 - Task Assignment No. FK-075, between Momoe County and Florida Department of Environmental Protection (FDEP) to receive a $96,000 grant which will allow the County to continue employing invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are owned or managed by Momoe County. MONROE COUNTY SHERIFFS OFFICE Board granted approval of expenditure of $3,035 from Law Enforcement Trust Fund for travel, lodging, copying and instructional materials for SANE/SART (Sex Assault Nurse Examiner/Sex Assault Response Team) training for local nurses. Board granted approval of the Request for Expenditures from the Law Enforcement Trust Fund, as follows: $40,000 - Summer Recreation Program - To help provide a safe and nurturing environment in our schools for the children to spend their summers. Juvenile crimes increase during the summer and this program can be categorized as a crime prevention program. COMMISSIONERS' ITEMS Board granted approval of Commissioner Murphy's reappointment of Todd B. Firm to the Tourist Development Council, term expiring August 1, 2011. Board granted approval of Mayor DiGennaro's appointment of Freddy Varela as a * mayoral appointment to the TDC Di8lriet II seat as a L6agillg Tourism Representative. lel'laeing Christine Weinh6fcI unase term hilS eX1'iIea. Board granted approval of Commissioner McCoy's appointment of Michael Shields to the Momoe County Library Advisory Board, fulfilling Marjorie Butchko's term. Board adopted the following Resolution requesting that the Florida Department of Transportation repair, on an emergency basis, North Roosevelt Boulevard; providing for the distribution of this Resolution; providing for an effective date. RESOLUTION NO. 272-2007 Said Resolution is incorporated herein by reference. 186 Board granted approval of Commissioner Spehar's appointment of Jay Marzella to fill the remaining term ofMr. Matthew Babbich, TDC District II Lodging Seat. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Regular Meeting of June 20, 2007 and Special Meeting of June 6, 2007 (previously distributed). Board granted approval of the following Tourist Development Council Expenditures for the month of July, 2007: Advertising, in the amount of$461,697.50; Bricks & Mortar/Interloca1 Projects, in the amount of$31,869.41; Visitor Information Services, in the amount of$20,832.00; Events, in the amount of$102,247.50; Office Supplies & Operating Costs, in the amount of $22,098.42; Personal Services, in the amount of$71,840.77; Public Relations, in the amount of$60,150.69; Sales & Marketing, in the amount of$23,810.25; Telephone & Utilities, in the amount of $11,439.22; Travel, in the amount of$5,143.72. Board granted approval of the following Warrants (102442-102786 & 519036- 519610): General Fund (001), in the amount of$3,025,305.37; Fine & Forfeiture Fund (101), in the amount of $3,216,617.38; Road and Bridge Fund (102), in the amount of $46,874.74; TDC District Two Penny (115), in the amount of$281,089.19; TDC Admin. & Promo 2 Cent (116), in the amount of$374,247.80; TDC District 1,3 Cent (117), in the amount of $36,883.11; TDC District 2,3 Cent (118), in the amount of $1,094.57; TDC District 3,3 Cent (119), in the amount of$4,873.03; TDC District 4,3 Cent (120), in the amount of$30,987.60; TDC District 5,3 Cent (121), in the amount of $83,231.29; Gov. Fund Type Grants (125), in the amount of$911,917.93; Impact Fees Roadways (130), in the amount of$92,717.25; Fire & Amb Dist 1 L&M Keys (141), in the amount of $95,458.36; Upper Keys Health Care (144), in the amount of$333.51; Uninc Svc Dist Parks & Rec (147), in the amount of$51,906.34; Plan, Build, Zoning (148), in the amount of$163,123.80; Municipal Policing (149), in the amount of $519,210.92; 911 Enhancement Fee (150), in the amount of$164,815.19; Duck Key Security (152), in the amount of $3,866.56; Local Housing Assistance (153), in the amount of $270,000.00; Boating Improvement Fund (157), in the amount of $12,085.12; Misc. Special Revenue Fund (158), in the amount of$80,195.97; Environmental Restoration (160), in the amount of$4,597.20; Court Facilities Fees- 602 (163), in the amount of$224,221.13; Marathon Municipal Service (166), in the amount of$1.89; Bay Point Wastewater MSTU (168), in the amount of$27.01; Big Coppitt Wastewater MSTU (169), in the amount of $6,294.51; Key Largo Wastewater MSTU (170), in the amount of $41.13; Stock Island Wastewater (171), in the amount of $2, 127.01; Cudjoe-Sugarloaf MSTU (172), in the amount of $31 0.86; Conch Key MSTU (174), in the amount of$24.93; Long Key, Layton MSTU (175), in the amount of$24.93; Duck Key MSTU (176), in the amount of$4.962.07; 2003 Revenue Bonds (207), in the amount of $3,500.00; 1 Cent Infra Surtax (304), in the amount of $1,832,757.16; 2003 Revenue Bonds (307), in the amount of$830,182.38; Card Sound 187 Bridge (401), in the amount of$21,233.34; Marathon Airport (403), in the amount of $124,182.11; Key West Inti. Airport (404), in the amount of$I,335,407.86; KW AlP Series 2006 Bonds (405), in the amount of$91,176.81; MSD Solid Waste (414), in the amount of$I,189,449.11; Worker's Compensation (501), in the amount of$39,289.10; Group Insurance Fund (502), in the amount of$182,947.99; Risk Management Fund (503), in the amount of$31,662.05; Fleet Management Fund (504), in the amount of $176,788.01, Fire&EMS LOSAP Trust Fund (610), in the amount of$510.00. COUNTY ADMINISTRATOR Board adopted the following Resolution abolishing the Circuit Conflict Committee. RESOLUTION NO. 271-2007 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a First Amendment to Professional Services Agreement between Momoe County and Robert Reyes of Floridian Partners, LLC for continuing Strategic Governmental Consulting Services extending the original Agreement with the same terms and conditions for an additional one-year term and documenting the name change to Floridian Partners, LLC, effective January 16, 2007. Board granted authorization for the County Administrator to negotiate a long-term lease for a possible fire station location on Stock Island. COUNTY ATTORNEY Board granted approval of payment to Thomas D. Wright, Esq. for coverage for John J. Wolfe, P.A. as legal counsel for the Plauning Commission meeting to be held 7/25/07 at the rate of $1 ,500.00 per meeting. Board granted approval of the amended budget for the legal services of Kaplan, Kirsch and Rockwell vis-a-vis FAA issues at Key West International Airport. Board granted approval and authorized execution of a Proposed Settlement Agreement in the Code Enforcement Case of Monroe County, Florida v. Patricia Louise Smith, Case No. L12-01-272. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed approval of Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Revenue. The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolutions: Transfer of Funds (OMB Schedule Item No. I). RESOLUTION NO. 273-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 274-2007 Said Resolution is incorporated herein by reference. Amending Resolution No. 219f-2007 (OMB Schedule Item No.3). RESOLUTION NO. 275-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 276-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 277-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 278-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 279-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 280-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 281-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 282-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. II). RESOLUTION NO. 283-2007 Said Resolution is incorporated herein by reference. 188 189 Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 284-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 285-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 286-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 287-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 288-2007 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 289-2007 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 290-2007 Said Resolution is incorporated herein by reference. Motion carried unanimously. The Board discussed the authorization for the County Administrator or his designee to complete and submit the online application for the Federal Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (formerly known as the Local Law Enforcement Block Grant) via the Internet as required by the U.S. Department of Justice, Bureau of Justice Assistance. The following individual addressed the Board: Pauline Klein. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy approving the item. Motion carried unanimously. The Board discussed the approval to waive the purchasing policy and pay outstanding Sub Zero, Inc. invoices required for emergency air-conditioning repair and maintenance in the amount of $30,926.28. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval ofthe item. Motion carried unanimously. 190 The Board discussed the approval to waive Purchasing Policy and allow the reimbursement of construction fees for the Big Pine Key Soccer Field. Tom Willi, County Administrator and Dave Koppel, County Engineer discussed the matter. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed reducing the retainage from 10% to 2% for Overholt Construction, Inc. for construction of the N. Key Largo Fire Station #25. The following individual addressed the Board: Tom Tharpe, Commissioner of the Key Largo Fire Rescue District. Dave Koppel, County Engineer and Suzanne Hutton, County Attorney discussed the item. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to reduce the retainage to 2% conditioned upon that being a sufficient amount of money in the estimate of the County Engineer to meet that is necessary to complete the punch list after walking through the facility within the next 72 hours with representatives of the Fire District or such amount as the County Engineer deems necessary to meet that requirement. Motion carried unanimously. COMMISSIONERS' ITEMS Frank Rabbito, Senior VP for the Guidance Clinic of the Middle Keys and Care Center for Mental Health and Sheriff Richard D. Roth discussed with the Board the approval to submit application for one year planning grant of $1 00,000 from the Criminal Justice Mental Health Substance Abuse Reinvestment Grant Program through the Florida Department of Children and Families. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar authorizing submission of the application. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Resolution authorizing the acceptance of Key Vaca parcel RE: 103560-000200 (proposed Sea Grape Apartments Site) from the Monroe County Comprehensive Plan Land Authority for affordable housing. Motion carried unanimously. RESOLUTION NO. 291-2007 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of a 99 Year Ground Lease Agreement between Monroe County and Sea Grape Apartments, LTD for a site in Marathon (RE 103560-000200) to be purchased by the Monroe County Land Authority and conveyed to the County for its Keys-wide Affordable Housing Programs. Motion carried unanimously. The Board discussed approval of a policy concerning an Early Retirement Buy- Out Program for county employees with two (2) options for the employee to choose 191 from. The following individual addressed the Board: Pauline Klein. Teresa Aguiar, Employee Services Director; Tom Willi, County Administrator; and Suzanne Hutton, County Attorney then discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the Early Retirement Buy-Out Program, dated July 31, 2007 for county employees. Motion carried unanimously. STAFF REPORTS Communitv Services - Deb Barsell, Division Director referred the Board to the written Community Services report provided to them and mentioned that a resident of Bayshore Manor, Mrs. Alma Geibelt, celebrated her 100th birthday on August 6, 2007. Emplovee Services - Teresa Aguiar, Division Director referred the Board to the written Employee Services report provided to them and mentioned that the turnover employee rate remains steady at 9% as it did last year at this time; and status ofRFP's for life/dental/vision insurance policies. Public Works - Dent Pierce, Division Director discussed the status of a meeting with representatives of the School Board concerning lighting and maintenance costs for the Sugarloaf School Recreation Area. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent directing Staff to coordinate a schedule for the lighting usage at the SugarloafSchool Recreation Area. Diane Beruldson addressed the Board. Roll call vote was unanimous. Airports - Peter Horton, Director discussed the following items: Receipt of a Federal Aviation Administration Grant in the amount of$2.8 million for runway safety areas at Key West International Airport via notification of a Finding of No Significant Impact from the Environmental Assessment Program; Receipt of a Federal Aviation Administration Grant in the amount of$l.l million for Key West International Airport's Noise Insulation Program; Receipt of a Grant! AIP#24 for Florida Keys Marathon Airport for studies concerning the possible use of an additional 400 ft. of runway on each end of the airport. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval and authorizing execution of AIP#24. Motion carried unanimously. Mr. Horton also discussed the status of RFP's for airline service at the Florida Keys Marathon Airport. The Mayor inquired about the landscaping at the Florida Keys Marathon Airport. Dawn Acker, Project Manager informed the Board that she was in the process of applying for landscaping grants. Emergencv Services - James Callahan, Acting Fire Chief gave a status presentation report of Monroe County Fire Rescue. Said document is incorporated herein by reference. 192 * * * * * * 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, Councilman William Dilley, and Chairman Norman Anderson. Motion was made by Commissioner Neugent and seconded by Mayor DiGennaro to adopt the following Resolution authorizing the write-off of Fire Rescue Ambulance Accounts Receivable for Calendar Year 2003. Motion carried unanimously. RESOLUTION NO. 292-2007 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Mayor DiGennaro granting approval for the establishment of nine Fire Rescue field positions, five Firefighter/Paramedic and four Firefighter/EMT, effective FY 2008 which would add one additional personnel on-duty 24/7 at Station 9 (Big Coppitt) and 13 (Big Pine), and relief coverage for vacation, sick leave, injuries, and offset some of the overtime expenses. Motion carried unanimously. 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. CLOSED SESSIONS Suzarme Hutton, County Attorney armounced that pursuant to Florida Statute, 286.ot 1(8) the following session was closed to the public: A Closed Session of the Board of County Commissioners in the matter of Monroe County v. Lodge Construction, Case No. CA-K-OO-617. OPEN SESSION Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to delete from today's agenda Item G2 - a Closed Session ofthe Board of County Commissioners in the matter of Carlton Howard v. County of Monroe, 06-CV- 10113. Motion carried unanimously. 193 STAFF REPORTS The following individual addressed the Board: Kay Thacker. Tom Willi, County Administrator and Suzanne Hutton, County Attorney discussed the Growth Management Staff Report, agenda Item E6. WASTEWATER ISSUES The Board recognized Representative Ron Saunders. Representative Saunders and the Board discussed approval by the Momoe County Board of Commissioners to request our State Representative to introduce emergency legislation at the September 18, 2007 legislature special session, to allow Momoe County, if approved by the voters, to add an additional one penny to Momoe County sales tax specifically for wastewater and stormwater infrastructure implementation cost. Diane Beruldson addressed the Board. The Board took no official action. Commissioner McCoy excused himself from the meeting. The Board discussed an Addendum to Agreement to retroactively extend the Agreement between Monroe County and URS for wastewater system evaluation in order that final invoices for the Agreement can be rightfully paid. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval and authoring execution of the item. Elizabeth Wood, Senior Administrator- Sewer Projects and Dave Koppel, County Engineer discussed the matter. Motion carried unanimously, with Commissioner McCoy not present. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval and authoring execution of an Addendum to Agreement to retroactively extend the Agreement between Monroe County and URS for an independent engineering evaluation and final planning for the South Stock Island sewer system in order that final invoices associated with the Agreement can be rightfully paid. Liz Wood Elizabeth Wood, Senior Administrator - Sewer Proj ects discussed the matter. Motion carried unanimously, with Commissioner McCoy not present. Commissioner McCoy entered the meeting and took his seat. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval, per Staff recommendation, and authoring execution of a Professional Services Agreement between Momoe County and Government Services Group, Inc. (GSG) to provide a web-based payment tracking system for the Big Coppitt and Duck Key system development fee prepayments and non-ad valorem tax assessment payoffs. Motion carried unanimously. The Board discussed Commissioner McCoy's item concerning all items in reference to wastewater systems and cost shall be justified by an analysis confirming that it is the most cost effective way. State Representative Ron Saunders addressed the 194 Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Resolution. 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. RESOLUTION NO. 293-2007 Said Resolution is incorporated herein by reference. The following individual addressed the Board: Diane Beruldson. Commissioner McCoy requested his item concerning rebuttal comments made at the August 8, 2007 Special Meeting be deleted. PUBLIC HEARINGS A Public Hearing was held to consider adoption of a Resolution renaming a portion of Troup Road to "Tree Garden Way" in honor of the Children's Memorial Tree Garden which is located there. The Board accepted public input with the following individual addressing the Board: Howard Gelbman. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 294-2007 Said Resolution is incorporated herein by reference. Mayor DiGennaro excused himself from the meeting. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Donald W. Slavinski on property described as Lot 14, Block 1, Rev. Plat of Sunrise Point, Key Largo, RE: 00484520-000000 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously, with Mayor DiGennaro not present. RESOLUTION NO. 295-2007 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 Alberto Ramirez and Blanca Mederos on 195 property described as Lot 29, Block 8 Ocean Isle Estates, Key Largo, RE: 00540330.000000 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously, with Mayor DiGennaro not present. RESOLUTION NO. 296-2007 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 ADWM Holdings, LLC on property described as Lot 6, Block 5, Largo Sound Park, Key Largo, RE: 00471110.000000 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously, with Mayor DiGennaro not present. RESOLUTION NO. 297-2007 Said Resolution is incorporated herein by reference. Mayor DiGennaro returned to the meeting and took his seat. A Public Hearing was held to consider the following four (4) items: A request for Administrative Relief made by Robert Holeman on property described as Lot 1, Block 18, Largo Sound Park, Key Largo RE: 00469830.000000 in the form of purchase of the property by the Monroe County Land Authority. A request for Administrative Relief made by Robert Holeman on property described as Lot 2, Block 18, Largo Sound Park, Key Largo having RE: 00469840.000000 in the form of purchase of the property by the Monroe County Land Authority. A request for Administrative Relief made by Robert Holeman on property described as Lot 3, Block 18, Largo Sound Park, Key Largo RE: 00469850.000000 in the form of purchase of the property by the Monroe County Land Authority. A request for Administrative Relief made by Robert Holeman on property described as Lot 4, Block 18, Largo Sound Park, Key Largo RE: 00469860.000000 in the form of purchase ofthe property by the Monroe County Land Authority. Bob Shillinger, Chief Assistant County Attorney addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar to vacate Resolution Nos. 20la-2007, 202-2007, 203-2007 and 204-2007 adopted by the Board at its' May 21, 2007 Board Meeting. Motion carried unanimously. The Board accepted public input with the following individual addressing the Board: Russel Yagel, representing Robert Holeman. Andrew Trivette, Growth Management Director 196 discussed the matter. During discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy approving one (1) dwelling unit allocation for each lot. Ralph Gouldy, Sr. Administrator - Environmental Resources discussed the matter. After further discussion, the motion was withdrawn. Motion was then made by Commissioner Spehar and seconded by Commissioner Neugent to continue the Public Hearing to the September 19, 2007 meeting of the Board in Marathon. Roll call vote was unammous. COUNTY ADMINISTRATOR The Board discussed the Employment Agreement and confirmation of Wayne J. Hinnant as Monroe County Fire Chief. Tom Willi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar granting approval and authorizing execution of same. Roll call vote was unanimous. Wayne Hiunant, Fire Chief addressed the Board. The Board acknowledged James Callahan and thanked him for his service as the Acting Fire Chief. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance amending Section 9.5-247(1) of the Monroe County Code; Commercial Fishing Special District 12 (CFSD-1210cated on Big Pine) to clarify that there is no requirement to reside in CFSD- 12 in order to engage in commercial fishing operations such as processing and packaging, trap storage and construction; 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 Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 039-2007 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance adopting an amendment to the Monroe County Code; deleting Sections 9.5-66 Conditional Use Permits and Bulk Regulations and 9.5-282 Residential Dwelling Permits and Bulk Regulations; and amending Section 9.5-523 to include Administrative Waivers; clarifying procedures, standards, and establishing notification procedures for the approval of administrative waivers; providing for codification, severability and repeal of inconsistent provisions; providing for forwarding of this 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 Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 040-2007 Said Ordinance is incorporated herein by reference. 197 A Public Hearing was held to consider adoption of a Resolution approving the request by Key Largo Ocean Resort Co-op, Inc. for waiver ofthe inc1usionary housing requirements on property legally described as Southc1iffEsts. PB2-45 Key Largo NE 100' ofSW Yz ofTR 9 PT TR 9-10-11 (14.65AC) PT Line Road (.75AC) PT NE Y. ofSE Y. (5.1AC) PT Gov LT 3 (.6AC) & Adj Baybtm (5.22AC), Key Largo, Momoe County, Florida having real estate numbers 00483390.000000 and 00483400 at approximate mile marker 95. The Board accepted public input with the following individuals addressing the Board: Rodney V.Corriveau, AICP - Planner and Project Manager with the Craig Company and representing Key Largo Ocean Resorts; Frank Greenman, Diane Beruldson and Kay Thacker. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. RESOLUTION NO. 298-2007 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a DCA transmittal Resolution to amend the Momoe County 2010 Comprehensive Plan to revise sections of the Future Land Use and Conservation and Coastal Management elements regarding recreational and commercial working waterfronts. Staff is requesting a continuance of the Public Hearing to the September 19, 2007 BOCC meeting. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to continue the Public Hearing to the September 19, 2007 BOCC meeting in Marathon. Motion carried unanimously. A Public Hearing was held to consider adoption of a Resolution approving an inventory of County-owned Real Property appropriate for Affordable Housing. The Board accepted public input with the following individual addressing the Board: Diane Beruldson. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 299-2007 Said Resolution is incorporated herein by reference. COMMUNITY SERVICES DIVISION George Mauer introduced Max B. Rothman, JD, LL.M, President & CEO, Alliance for Aging, Inc., Area Agency on Aging of Miami-Dade and Momoe Counties, who made a presentation regarding funding for senior services in Momoe County and the 198 current development of an Aging Resource Center in the district. Pam Martin addressed the Board. DIVISION OF GROWTH MANAGEMENT The Board discussed waiving purchasing policy in order to pay Coffin Marine Services for work the company performed for County at the direction of Marine Resources. The following individuals addressed the Board: Pauline Klein, representing the Island of Key Largo Federation Homeowner Associations, Inc.; Ben Iannotta, representing the Marine & Port Advisory Committee; Paul Koisch, Diane Beruldson, and Ron Miller, representing the Upper Keys Community Association. Tom Willi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval, per staffrecommendation, to waive purchasing and to pay Coffin Marine Services the amount of$104,723 as outlined in the invoices. The work has been performed at the request of the County and should be paid under the legal theory of Quantum Meruit. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of Amendment 2 to the Agreement between Monroe County and DRC Emergency Services, LLC to remove hurricane related marine debris. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of an Amendment to CV A Grant 03-361, LE 507 between Monroe County and the Florida Department of Environmental Protection providing funds for off-setting vessel pump-out costs. The amendment provides for a time extension of the Contract. Motion carried unanimously. COMMISSIONERS' ITEMS Mayor DiGennaro discussed his item concerning enforcement of ADA Compliance Laws at commercial properties. This item was referred to Staff for handling. Commissioner Spehar discussed her item concerning a request for an update of the County's progress on the Stock Island Fire-Station and the Big Pine Key Fire-Station. An update was provided by Dave Koppel, County Engineer. Tom Willi, County Administrator briefly discussed his item for the authorization to negotiate a long-term lease for a possible fire station location on Stock Island. No official action was taken. WASTEWATER ISSUES Suzanne Hutton, County Attorney discussed agenda Item K4 approved earlier in the day concerning the Professional Services Agreement between Monroe County and Govemment Services Group, Inc. (GSG) to provide a web-based payment tracking system for the Big Coppitt and Duck Key system development fee prepayments and non- 199 ad valorem tax assessment payoffs. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to rescind today's approval of the item and approve the following: Request for approval to waive the purchasing policy and authorize Staff to issue a Purchase Order to obtain the services of GSG according to the proposal in their letter dated August 14,2007. Motion carried unanimously. COMMISSIONERS' ITEMS Suzanne Hutton, County Attorney discussed Commissioner Murphy's item concerning a Resolution of the Board of County Commissioners ofMomoe County amending Resolution No. 258-1993, clarifying the appointment process for the Tourist Development Council. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution, with amendments as read into the record by the County Attorney, as follows: Section 2: Three (3) ofthe officials are essentially selected by the statute in that one is the Chairman of the Board of County Commissioners and two (2) are elected representatives of municipalities located within the County, one (I) of which is the most populous municipality, and these nominations shall be and remain the nominations ofthe Board of County Commissioners. Section 3: (b) The Mayor shall have the right to select a second nominee (6th lodging/tourism member) in his/her capacity as Mayor. This appointment shall only be made when a vacancv occurs either through natural expiration of a term or the earlv vacation of the term bv the member. (Footnote: As of the date of this Resolution, the 6th (mayoral) appointment would be a TDC District I position due to more than 50% of the tax being collected in District I and each of the other districts being limited to I representative). Motion carried unanimously. RESOLUTION NO. 300-2007 Said Resolution is incorporated herein by reference. Mayor DiGennaro discussed his item concerning a proposal to start Planning the Balance which involves (Phase I) requesting that the Federal Government create a new National Park which would encompass all property desiguated in Tiers I & 2 and (Phase 2) begin the creation of sustainable build out horizon for Tier 3 areas with direction to Staffto explore the potential. Andrew Trivette, Growth Management Director discussed the matter. The item was referred to Staff. COUNTY ADMINISTRATOR Tom Willi, County Administrator provided a written Report of Grant Activity for the month of July, 2007 prepared by Dawn Acker. 200 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 ilo.LJc. ~~W Isabel C. DeSantis, eputy Clerk