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09/17/2008 Regular 193 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, September 17, 2008 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 Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Pursuant to the Board's 4/5ths vote requirement, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to add the following items to the agenda: Interlocal Agreement between Monroe County and the City of Marathon to allow transferable development rights across jurisdictional boundaries between the County and the City. Closed Session to be held today at 2:30 PM with the Board of County Commissioners to discuss collective bargaining with the Professional Firefighters of Monroe County, IAFF Local 3909. Roll call vote was unanimous. PRESENTATION OF AWARDS Presentation of Employee Service Award for the Month of July 2008 to James Perry, Systems Analyst, Technical Services Division. Presentation of Employee service award for the month of June 2008 to Penny Kipp, Sr. Budget Analyst, Office of Management & Budget. Mayor' Proclamation declaring October 5-11, 2008 as Fire Prevention Week in Monroe County. 194 BULK APPROVALS Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Board granted approval ofFY 2009 Rates & Charges for the Key West International Airport, to become effective October 2, 2008. Board granted approval of Purchase Service Order with URS for implementation of Wild Life Study Plan at the Key West International Airport. Board granted approval of Replacement of Exhibit II of all four (4) existing franchise contracts to reflect Fiscal Year 2009 residential and commercial collection rates. Board adopted the following Resolution for the acceptance of the 6th year Consolidated Small County Solid Waste Management Grant Agreement. RESOLUTION NO. 267-2008 Said Resolution is incorporated herein by reference. Board granted approval to purchase two (2) Hi-Scan high performance X-ray imaging systems, including training and testing software, from Smiths Detection under Florida State Contract #680-330-06-1 for the Marathon and Plantation Key Courthouses. Board granted approval and authorized execution of a one-year residential Lease Agreement with a Monroe County Sheriff Deputy to reside in a Monroe County owned residence (Location C). Board granted approval to award bid and authorized execution of a Contract between Monroe County and EE & G Environmental Services, LLC, for beach cleaning, maintenance & beautification of Higgs Beach, Key West. Board granted approval to exercise the first renewal option and execute the contract between Monroe County and Siemens Building Technologies, Inc., for the testing, certification, and maintenance of the Monroe County Detention Center' fire alarm system, building automation system, and smoke control system; the Sheriff Administration Building' fire alarm system and building automation system; the Juvenile Justice Center' fire alarm system and building automation system; and the Courthouse Annex 'fire alarm system. Board granted approval to modify the fee structure for the use of Government meeting rooms, and Channel 76 televising costs. 195 Board granted approval of the filing of a grant application and Agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services, and execution of same with the proper County authorities. Board granted approval to execute the Notice of Grant Award FTA Section 5310 - 33 (2008-2009) between Monroe County Board of County Commissioners and the Florida Department of Transportation for acceptance of grant award. Board granted approval and authorized execution of the State of Florida Commission for the Transportation Disadvantaged - Standard Coordination/Operator Contract between Monroe County Board of County Commissioners and the Community Transportation Coordinator (CTC)/The Guidance Clinic of the Middle Keys (GCMK) for the period July 1, 2008-June 30, 2009. Board granted approval to accept renewal with VFIS to provide Portable Equipment and Emergency Apparatus Insurance coverage at a premium of $53,849 to be paid in four quarterly payments. Board granted approval to accept proposal from The Florida Municipal Insurance Trust Agreement to provide General Liability, Vehicle Liability and Public Officials/Employee Practices Liability at a cost of$213,380 to be paid in four (4) quarterly installments. Board granted approval to accept proposal from Interisk Corporation and authorized execution of a Contract to provide Risk Management, Employee Benefits and Workers Compensation consulting services. Board granted approval to purchase Specific Excess Workers' Compensation Insurance from Star Insurance of Brown and Brown Insurance for a projected annual premium of$166,683.00. Board granted approval to continue the current basic life policy with The Hartford Life Insurance for Group Life and Accidental Death & Dismemberment October 1,2008 through September 30, 2009. No rate increase. Current rates guaranteed for three years (FY07/08, 08/09, 09/10). Board granted approval and authorized execution of a third-year Renewal Agreement between Monroe County and Preferred Governmental Claims Solutions (PGCS) for Third Party Administration of the Workers' Compensation Program for Monroe County. Current contract expires September 19,2008. Board granted approval and authorized execution of a three year Contract between Monroe County and Walgreens Health Initiatives, Inc., (WHI) beginning the 1st day of October, 2008 for prescription management plan services. 196 Board granted approval and authorized execution of Contract Amendment No.3 between Monroe County and Harvard Jolly Clees Toppe Architects, P.A., AlA, for professional services for the construction of the Medical Examiner' Facility. Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No.1). RESOLUTION NO. 268-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 269-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 270-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 271-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 272-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 273-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 274-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 275-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 276-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 277-2008 Said Resolution is incorporated herein by reference. 197 Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 278-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 279-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 280-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 281-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 282-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 283-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 284-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 285-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 286-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 287-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 288-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). 198 RESOLUTION NO. 289-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 290-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 291-2008 Said Resolution is incorporated herein by reference. Board granted approval to Amendment #1 to the Hosted Application Service Agreement with Sarasota County for licensing, hosting and support of the GovMax Software. Board granted approval to advertise a Public Hearing for a Budget Amendment of the Fire & Ambulance District 1 Lower & Middle Keys Fund 141 for FY2008. Board granted approval to renew a contract for Financial Advisory Services with Public Financial Management, Inc. (PFM), Financial Advisor to Monroe County. Board authorized the Mayor to execute the Certificate of Acceptance of Subgrant award for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant, for the period from September 1, 2008 through August 31, 2009. Board authorized the Mayor to execute a contract with the Care Center for Mental Health for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant, for the period from September 1, 2008 through August 31, 2009. Board granted approval to waive irregularity, to award Request for Proposal (RFP) to, and to negotiate a Lease Agreement with between Monroe County Antique Aircraft Restoration, Inc. regarding RFP for Development of New Aviation Related Services at Florida Keys Marathon Airport. TOURIST DEVELOPMENT COUNCIL Board granted approval of an Assignment of Agreement from World Sailfish Championship Charitable Foundation, Inc. to Executive Adventures, LLC for the April 2008 World Sailfish Championship in the amount of$37,500. ENGINEERING Board granted approval of the Monthly Report on Change Orders reviewed by the County Administrator's Office for the period of August 1, 2008 through August 31, 2008. 199 DIVISION OF GROWTH MANAGEMENT Board ratified action taken August 20,2008 awarding one (1) Dwelling Unit Allocation Award to James & Karen Hoefert for property located on Lot 26, Block 3, Ocean Park Village, Key Largo, Real Estate Number 00446040.0000000 with corrective Resolution. RESOLUTION NO. 292-2008 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Easement between Monroe County and Islander Village, LLC., grantors and the Utility Board of the City of Key West, Florida, grantee and rescission of easement previously granted on May 21, 2008. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and DRC Emergency Services, LLC extending the Agreement for one year for disaster assistance in the removal of storm related marine debris. Board granted approval to advertise a Notice of Request for Proposals for the Development of a Geospatial Land Cover Dataset for the Florida Keys. Board adopted the following Resolution instructing the Growth Management Division Director to utilize Monroe County mitigation credits to facilitate an expedited construction schedule for the Florida Department of Transportation project to create a center turn lane for US 1 traffic through Big Pine Key. RESOLUTION NO. 293-2008 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner McCoy's appointment of Gregory Veliz to the Parks and Recreation Advisory Board. Board granted approval of Commissioner McCoy's appointment of Kent Edwards to the Marine and Port Advisory Committee. Board granted approval of Commissioner Spehar's District 1 appointment of Ms. JoAnne Cooper to the Library Advisory Board. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Special BOCC meeting of July 28, 2008 (previously distributed). Board granted approval of the following Warrants (103876 - 103940 & 531788- 532584): General Fund (001), in the amount of$I,373,094.42; Fine & Forfeiture Fund 200 (101), in the amount of$74,150.08; Road and Bridge Fund (102), in the amount of $28,007.96; TDC District Two Penny (115), in the amount of$167,163.09; TDC Admin. & Promo 2 Cent (116), in the amount of$686,094.16; TDC District 1,3 Cent (117), in the amount of$206,193.19; TDC District 2,3 Cent (118), in the amount of $10,257.85; TDC District 3,3 Cent (119), in the amount of $24,934.78; TDC District 4,3 Cent (120), in the amount of$802.51; TDC District 5,3 Cent (121), in the amount of $17,698.40; Gov. Fund Type Grants (125), in the amount of$73,793.07; Impact Fees Police Fac (134), in the amount of236,250.34; Fire & Amb Dist 1 L&M Keys (141), in the amount of$88,539.68; Upper Keys Health Care (144), in the amount of$358.33; Uninc Svc Dist Parks & Rec (147), in the amount of$41,359.27; Plan, Build, Zoning (148), in the amount of $67,227.40; Municipal Policing (149), in the amount of$63.07; 911 Enhancement Fee (150) in the amount of$189,806.75; Duck Key Security (152), in the amount of$3,968.00; Local Housing Assistance (153), in the amount of $232,798.90; Boating Improvement Fund (157), in the amount of$18,446.24; Misc. Special Revenue Fund (158), in the amount of$147,438.16; Court Facilities Fees-602 (163), in the amount of$3,565.84; Marathon Municipal Service (166), in the amount of $89,731.72; Big Coppitt Wastewater MSTU (169), in the amount of$227.81; Key Largo Wastewater MSTU (170), in the amount of$137,066.51; Cudjoe-Sugarloaf MSTU (172), in the amount of$57.75; Duck Key MSTU (176), in the amount of $115.34; Building Fund (180), in the amount of$I,426.05; 1 Cent Infra Surtax (304), in the amount of$36,203.92; 2003 Revenue Bonds (307), in the amount of $859,462.22; Infra Sls Srtx Rev Bds 2007 (308), in the amount of $473,947.89; Big Coppitt Wastewater Pr (310), in the amount of$3,089,857.55; Card Sound Bridge (401), in the amount of$2,686.85; Marathon Airport (403), in the amount of$85,025.12; Key West Inti. Airport (404), in the amount of$381,169.69; KW AlP Series 2006 Bonds (405), in the amount of$I,661,865.46; MSD Solid Waste (414), in the amount of$639,520.00; Worker's Compensation (501), in the amount of$9,847.98; Group Insurance Fund (502), in the amount of $100,370.44; Risk Management Fund, in the amount of $42,468.29; Fleet Management Fund (504), in the amount of $134,536.52; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,200.00. Board granted approval of the following Tourist Development Council Expenditures for the month of August, 2008: Advertising, in the amount of $605,620.23; Bricks & Mortar/Projects, in the amount of$181,500.00; Visitor Information Services, in the amount of$41,519.00; Events, in the amount of$82,085.76; Office Supplies & Operating Costs, in the amount of$20,657.89; Public Relations, in the amount of $80,820.61; Sales & Marketing, in the amount of$71,454.27; Telephone & Utilities, in the amount of$13,634.34; Travel, in the amount of$15,851.88. Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. COUNTY ATTORNEY Board granted approval and authorized execution of an Agreement for Consulting 201 Services between Monroe County and the National Center for Smart Growth Research & Education (NCSGRE). Motion carried unanimously. MISCELLANEOUS BULK The Board discussed an Award of Bid and approval of a Contract between Monroe County and S.T.E.P.S in the Right Direction, Inc., a 501(c)(3) home health agency, to provide direct in-home services for the elderly and disabled as provided under grants to Monroe County from the Alliance for Aging (e.g., CCE and OAA) and the Department of Children and Families (e.g., CCDA). Debbie Frederick, Assistant County Administrator discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of the contract. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Clerk announced the vacancy of one position on the Tourist Development Council, District II Advisory Committee for an "At Large" appointment. The Clerk announced the vacancy of one position on the Tourist Development Council, District III Advisory Committee for an "At Large" appointment. MISCELLANEOUS BULK The Board discussed the approval of a Renewal Agreement effective October 1, 2008 through September 30, 2009 with Gila Corporation d/b/a Municipal Services Bureau (MSB) for collections of outstanding account receivables from ground and air ambulance transports. Jim Callahan, Acting Fire Chief discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval and authorizing execution of the agreement. Motion carried unanimously. The following individual addressed the Board: Diane Beruldsen. STAFF REPORTS Engineering - Dave Koppel, County Engineer gave a presentation concerning cost estimates to county property associated with damages from Hurricane Ike. Mr. Koppel and Roman Gastesi, County Administrator discussed a recent article published in the Key West Citizen. The Board then discussed the status of the Reasonable Assurance Document (RAD). The following individual addressed the Board: Diane Beruldsen. 202 COMMISSIONERS' ITEMS The Board discussed Commissioner Spehar's item concerning the terms of service for the Green Building Code Task Force Committee Members. Drew Trivette, Growth Management Director discussed the matter. The item was referred to Staff. Commissioner McCoy excused himself from the meeting. The Board discussed Mayor DiGennaro's item concerning future plans for the previous Key West Court facility building once the Freeman Justice Center is opened. Dave Koppel, County Engineer and Roman Gastesi, County Administrator discussed the matter. No official action was taken. COUNTY CLERK Danny Kolhage, County Clerk discussed the reimbursement to V AB citizen members for travel and meals pursuant to County policy for employees and volunteer members of advisory and other boards. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy granting approval of reimbursements pursuant to County policy. Motion carried unanimously. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent that the term of appointments for citizen members is a two year period. Motion carried unanimously, with Commissioner McCoy not present. Motion was made by Commissioner Murphy and seconded y Commissioner Spehar to rescind the approval of a contract with the non-profit organization, Key West HMA, d/b/a Lower Keys Medical Center (DePoo Baker Act) in the amount of $190,000 for Fiscal Year 2008. Motion carried unanimously, with Commissioner McCoy not present. Commissioner McCoy returned to the meeting and took his seat. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to rescind the contract with TSI Disaster Recovery Services to provide derelict vessel and marine debris removal services throughout the Keys, and the waiver of irregularities in response to the Request for Qualifications and selection of a contract. Motion carried unanimously. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator discussed several items in the written County Divisions' Monthly Activity Report, dated August, 2008. 203 COUNTY ATTORNEY Suzanne Hutton, County Attorney referred the Board to the written litigation report dated September 15, 2008, as submitted. Ms. Hutton updated the Board concerning the status of the Bruno v. Monroe County litigation. The Board discussed whether or not to extend the due diligence clause and Agreement for the Sale and Purchase of the Hickory House property upon request of King's Pointe Marina, LLC. The following individual addressed the Board: Sloan Bashinsky. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to deny the extension of the due diligence clause. Roll call vote was unanImous. Bob Shillinger, Chief Assistant County Attorney updated the Board concerning the status of settlement negotiations between Plaintiffs and Defendants in Florida Key Deer, National Wildlife Federation, et. al. v. FEMA & USFWS (United States District Court, S.D. Florida No. 90-10037-CIV-MOORE). No official action was taken. STAFF REPORTS Airports - Peter Horton, Airports Director updated the Board concerning the Noise Insulation Program for the Key West International Airport. Commissioner Neugent discussed agenda item N2 concerning an Agreement approved during today's bulk motion for Consulting Services by National Center for Smart Growth Research & Education (NCSGRE). Drew Trivette, Growth Management Director discussed the matter. AIRPORTS The Board discussed a U. S. Department of Transportation Federal Aviation Administration Grant; Project No. 3-12-0037-038-2008, to fund Construct Terminal Building (Bond Repayment, Principal Only) and Implement Wildlife Study, for the Key West International Airport. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar approving the item. Motion carried unanimously. The Board discussed aU. S. Department of Transportation Federal Aviation Administration Grant; Project No. 3-12-0044-025-2008, to fund Rehabilitate Taxiway (Marking) and Conduct Preliminary Environmental Assessment (Runway) for the Florida Keys Marathon Airport. Peter Horton, Airports director discussed the matter. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy approving the item. Motion carried unanimously. * * * * * 204 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 Sylvia Murphy, Commissioner George Neugent, and Mayor Mario DiGennaro. Absent were Councilman Norman Anderson and Councilman William Dilley. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval and authorizing execution of a Renewal Agreement between the Board of Governors of Fire and Ambulance District 1 and Fire Tech Repair Service, Inc., and for maintenance of Fire Rescue vehicles, including semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure. Motion carried unanimously, with Councilman Norman Anderson and Councilman William Dilley absent. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to approve the following Resolution superseding Resolution No. 263-2004, and adopting an amended fee schedule for use by the Special Taxing District for providing ground ambulance services. Motion carried unanimously, with Councilman Norman Anderson and Councilman William Dilley absent. RESOLUTION NO. 294-2008 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval and authoring execution of a Renewal Agreement between the Board of Governors of Fire and Ambulance District 1 and Gila Corporation d/b/a Municipal Services Bureau (MSB), effective from October 1, 2008 through September 30, 2009 for collections of outstanding account receivables from ground and air ambulance transports. Motion carried unanimously, with Councilman Norman Anderson and Councilman William Dilley absent. The Board of County Commissioner reconvened with all Commissioners present. * * * * * * WASTEWATER ISSUES Dave Koppel, County Engineer referred the Board to the written Wastewater Projects - August 2008 Status Report Update - September 17,2008. Liz Wood, Sr. Administrator, Sewer Projects discussed the following items: A matching grant from the South Florida Water Management District, in the amount of $500,000 for stormwater improvements for unincorporated areas of the County; Attendance at the August Wastewater Summit held by Representative Ron Saunders; and Details via the County's 205 Internet of a link which delineates boundaries for wastewater projects costs/status, etc. in Monroe County. AIRPORTS Peter Horton, Airports Director introduced Andrew Bonnie of Cape Air who made a presentation concerning a Revenue Guaranty Agreement with Hyannis Air Service, Inc. d/b/a Cape Air/Nantucket Airlines to provide Cape Air with a revenue guaranty to provide scheduled air service between Fort Myers, Florida and the Florida Keys Marathon Airport. The following individuals addressed the Board: Sloan Bashinsky and Daniel Samess, representing the Marathon Chamber of Commerce. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of the agreement. Roll call vote was unanimous. The Board discussed an Agreement between Monroe County and the Florida Keys Airport Initiative, Inc. (FKAI) to provide partial funding of the Revenue Guaranty Agreement for air service between Fort Myers, Florida and the Florida Keys Marathon Airport by Cape Air. Suzanne Hutton, County Attorney; Peter Horton, Airports Director; and Tina Boan, Sr. Budget Director discussed the matter. The following individual addressed the Board: Sloan Bashinky. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval and authorizing execution of the agreement. Roll call vote was unanimous. CLOSED SESSION A Closed Executive Session of the Board of County Commissioners was held to discuss collective bargaining with the Professional Firefighters of Monroe County, IAFF Local 3909. Suzanne Hutton, County Attorney read into the official record the names of the individuals authorized to be present at the Closed Executive Session of the Board. PUBLIC HEARINGS A Public Hearing was held to consider an Ordinance amending Section 9.5-258 of the Monroe County Code to allow the provision of Central Wastewater Service and Support Utilities to developed properties located within the Coastal Barrier Resources System; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for the incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs and providing an effective date. Drew Trivette, Growth Management Director discussed the ordinance and read proposed revisions to the Ordinance. Suzanne Hutton, County Attorney; Dave Koppel, County Engineer; and Bob Shillinger, Chief Assistant County Attorney also discussed the Ordinance. The Board accepted public input with the following individuals addressing the Board: Jim Newton, Hallett Douville, Bob Reynolds, Donna Bosold and Barbara Mitchell, representing the Craig Company/No Name Key; and Jim Cameron, representing the Monroe County 206 Planning Commission. The Clerk was provided with written documentation from members of the public for inclusion into the official record. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Ordinance, as revised. Said revisions as follows: Page 2 of3 Section 1. Chapter 9.5, Article VII Division 2 is hereby amended as follows: Sec. 9.5-258. Coastal barrier resources system overlay district (a) Purpose: The purpose of the Coastal Barrier Resources System Overlay District is to implement the policies of the comprehensive plan by prohibiting the extension and expansion of specific types of public utilities to undeveloped properties within a or through lands designated as an l:lfldeyeloped unit of the Coastal Barrier Resources System. (b) Application: The Coastal Barrier Resources System Overlay District shall be overlaid on all undeveloped areas, except for Stock Island, within federally designated boundaries of a Coastal Barrier Resources System Unit on current Flood Insurance Rate Maps approved by the Federal Emergency Management Agency, which are hereby adopted by reference and declared part of this chapter. Within this overlay district, the transmission and/or collection lines of the following types of public utilities shall be prohibited from extension or expansion only to undeveloped properties located within a CBRS Unit: central wastewater treatment collection systems; potable water; electricity; and telephone and cable. This prohibition shall not preclude the provision of those utilities required to provide central sanitary wastewater collection and treatment nor the maintenance and upgrading of existing public utilities in place on the effective date of this ordinance shall not apply to wastewater nutrient reduction cluster systems. Roll call vote was taken with the following results: Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Commissioner McCoy Yes Mayor DiGennaro Yes Motion carried. ORDINANCE NO. 020-2008 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider a Resolution supporting the proposed amendment to Policy 102.8.5 of the Comprehensive Plan to facilitate central wastewater service to No Name Key. Drew Trivette, Growth Management Director discussed the Resolution and read proposed revisions to the Resolution. The Board accepted public 207 input with the following individuals addressing the Board: Chris Barber, representing No Name Solar Community; Hallett Douville, Jim Newton, Bob Reynolds, Donna Bosold, representing the Craig Company/No Name Key; and Jim Cameron, representing the Monroe County Planning Commission. The Clerk was provided with written documentation from members of the public for inclusion into the official record. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution, as revised. Said revisions to the proposed Ordinance as follows: Page 2 of3 Section 1. Policy 102.8.5 of the Monroe County Year 2010 Comprehensive Plan is hereby amended to include the following: Monroe County shall initiate efforts to discourage the extension of facilities and services provided by the Florida Keys Aqueduct Authority and private providers of electricity and telephone service to undeveloped properties within CBRS units..excluding central sanitary ~Naste\yater service and those utilities required to oro"lide central sanitai'Y '.vaste\vater collectioN and treatment. Roll call vote was taken with the following results: Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Commissioner McCoy Yes Mayor DiGennaro Yes Motion carried. RESOLUTION NO. 295-2008 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS The Board discussed Commissioner Spehar's item concerning the Stock Island Fire Station. The following individuals addressed the Board: Donna Windle and Peter Bacle. No official action was taken. FISCAL YEAR 2009 BUDGET Tina Boan, Sr. Budget Director announced the proposed millage rates certified to the Property Appraiser at the July 28th, 2008 Special Meeting. Said document is attached hereto. Roman Gastesi, County Administrator referred the Board to the document entitled Monroe County BOCC Special Budget Meeting, Fiscal Year 2008-2009, Marathon Government Center, dated September 15, 2008. Said document is incorporated herein by reference. 208 The Board accepted public input and discussed the Tentative Fiscal Year 2009 Monroe County Budget. The following individuals addressed the Board: Jackie Harder, representing the Key Largo Chamber of Commerce; Peter Bade, Virginia Panico, Executive Director of the Key West Chamber of Commerce; Christina Russell, Louis LaTorre, Meri-de J. Mercado, Roxanne Posada, and Aweiah Elmore, representing Just 4- Kids; and Valerie Eikenberg. County Commission directions for changes to the Tentative Fiscal Year 2009 Monroe County Budget. No official action was taken. The Administrator was directed to seek further reductions. * * * * * 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 Sylvia Murphy, Commissioner George Neugent, Mayor Mario DiGennaro, Councilman William Dilley, and Alternate Clark Snow. District 1 Board of Governors directions for changes to the Tentative Fiscal Year 2009 Budget. No official action was taken. Tina Boan, Sr. Budget Director announced the proposed District 1 rolled-back millage and percent of increase over the rolled-back rate. Said document is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Mayor DiGennaro to approve the following Resolution of the District 1 Board of Governors adopting the Tentative millage for Fiscal Year 2009. Roll call vote was unanimous. RESOLUTION NO. 296-2008 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Mayor DiGennaro to approve the following Resolution of the District 1 Board of Governors adopting the Tentative budget for Fiscal Year 2009. Roll call vote was unanimous. RESOLUTION NO. 297-2008 Said Resolution is incorporated herein by reference. * * * * * 209 The Board of County Commissioners reconvened with Mayor DiGennaro excusing himself for the remainder of the meeting. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent approving the September Budget Adjustments, Page 5, in the document entitled Monroe County BOCC Special Budget Meeting, Fiscal Year 2008-2009, Marathon Government Center, dated September 15, 2008, which reflects a proposed millage rate of 8.63% over the rolled-back rate. Roll call vote was unanimous, with Mayor DiGennaro not present. Said document is incorporated herein by reference. Tina Boan, Sr. Budget Director announced the Tentative rolled-back millage rates and percentage increases over rolled-back rates. Said document is attached hereto. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to approve the following Resolution adopting the Tentative millage rates for Fiscal Year 2009. Roll call vote was unanimous, with Mayor DiGennaro not present. RESOLUTION NO. 298-2008 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to approve the following Resolution adopting the Tentative budget for Fiscal Year 2009. Roll call vote was unanimous, with Mayor DiGennaro not present. RESOLUTION NO. 299-2008 Said Resolution is incorporated herein by reference. Tina Boan, Sr. Budget Director announced the date for the Public Hearing for the final adoption of the Fiscal Year 2009 millage rates and budget scheduled to be held on Wednesday, September 24, 2008 at 5 :05 P.M. at the Key Largo Library, Tradewinds Shopping Center, 101485 Overseas Highway, Key Largo, Florida. 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 W~.lUv 'llt4) Isabel C. DeSantis, De uty Clerk This is the reading of the rolled-back rate, the proposed millage rate the percent abovelbelow the rolled-back rate that was certified to the Property Appraiser at the July 28th meeting, these are the rates that Citizens received on their TRIM notices. ANNOUNCEMENTS: Taxing Authority: Monroe County Board of County Commissioners Rolled back millage rate is 2.4339 Proposed millage rate is 2.6877 Proposed millage rate is 10.43 % over t he rolled-hack rate Taxing Authority: General Purpose Municipal Service Taxing Unit Rolled back millage rate is 0.1543 Proposed millage rate is 0.1907 Proposed millage rate is 23.59% over the rolled-hack rate Taxing Authority: Local Road Patrol Law Enforcement District Rolled back millage rate is 0.3222 Proposed millage rate is 0.2076 Proposed millage rate is -35.57% below the rolled-hack rate Taxing Authority: Lower & Middle Keys Fire and Ambulance Rolled back millage rate is 1.1403 Proposed millage rate is 1.5423 Proposed millage rate is 35.25% over thc rolled-hack ratc Taxing Authority: Municipal Service Tax District 6 Rolled back millage rate is 0.000 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled-back Taxing Authority: Marathon Municipal Service Taxing Unit Rolled back millage rate is 0.00 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled-back Taxing Authority: Bay Point Municipal Service Taxing Unit Rolled back millage rate is 0.000 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% ovcr rolled-back Taxing Authority: Big Coppitt Municipal Service Taxing Unit Rolled back millage rate is 0.2781 Proposed millage rate is 0.0 Proposed millage rate is -100.00";'. helm\' rolled-back Agenda Item 0 I Taxing Authority: Stock Island Municipal Service Taxing Unit Rolled back millage rate is 0.00 Proposed millage rate is 0.00 Proposed millage rate is 0.00% O\'er rolled-back Taxing Authority: Cudjoe-Sugarloaf Municipal Service Taxing Unit Rolled back millage rate is .0000 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled-back Taxing Authority: Big Pine Key Municipal Service Taxing Unit Rolled back millage rate is 0.000 Proposed millage rate is 0.000 Proposed millage rate is 0.00% over rolled back Taxing Authority: Conch Key Municipal Service Taxing Unit Rolled back millage rate is 0.000 Proposed millage rate is 0.0 Proposed millage rate is 0.00% over rolled back Taxing Authority: Long Key/Layton Municipal Service Taxing Unit Rolled back millage rate is 0.00 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled back Taxing Authority: Duck Key Municipal Service Taxing Unit Rolled back millage rate is 0.3136 Proposed millage rate is 0.000 Proposed millage rate is -100.00% below rolled back Taxing Authority: Municipal Service Waste District Rolled back millage rate is 0.0000 Proposed millage rate is 0.0000 Proposed millage rate is 0% over rolled-back Taxing Authority: Municipal Service Taxing District 7 Rolled back millage rate is 0.0000 Proposed millage rate is 0.0000 Proposed millage rate is 0% over rolled-back Taxing Authority: Upper Keys Health Care Taxing District Rolled back millage rate is 0.0000 Proposed millage rate is 0.0000 Proposed millage rate is 0% over rolled-back Al!:l!:rel!:ate Rolled back millage rate is 2.9417 Proposed millage rate is 3.2344 Proposed millage rate is 9.95% over the rolled-back rate Agenda Item 0 1 ANNOUNCEMENTS: Taxing Authority: Monroe County Board of County Commissioners Rolled back millage rate is 2.4339 Proposed millage rate is 2.6568 Proposed millage rate is 9.16% orer (he rolled-hack rate Taxing Authority: General Purpose Municipal Service Taxing Unit Rolled back millage rate is 0.1543 Proposed millage rate is 0.1907 Proposed millage rate is 23.59% liver the rolled-hack rate Taxing Authority: Local Road Patrol Law Enforcement District Rolled back millage rate is 0.3222 Proposed millage rate is 0.2076 Proposed millage rate is -35.57% he/ow the rolled-hack rate Taxing Authority: Lower & Middle Keys Fire and Ambulance Rolled back millage rate is 1.1403 Proposed millage rate is 1.5082 Proposed millage rate is 32.26% OI'er (he rolled-hack rate Taxing Authority: Municipal Service Tax District 6 Rolled back millage rate is 0.000 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled-back Taxing Authority: Marathon Municipal Service Taxing Unit Rolled back millage rate is 0.00 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled-back Taxing Authority: Bay Point Municipal Service Taxing Unit Rolled back millage rate is 0.000 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled-back Taxing Authority: Big Coppitt Municipal Service Taxing Unit Rolled back millage rate is 0.2781 Proposed millage rate is 0.0 Proposed millage rate is -100.00% below rolled-back Taxing Authority: Stock Island Municipal Service Taxing Unit Rolled back millage rate is 0.00 Proposed millage rate is 0.00 Proposed millage rate is 0.00% orer rolled-back Agenda Item 0 10 Taxing Authority: Cudjoe-SugarloafMunicipal Service Taxing Unit Rolled back millage rate is .0000 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled-back Taxing Authority: Big Pine Key Municipal Service Taxing Unit Rolled back millage rate is 0.000 Proposed millage rate is 0.000 Proposed millage rate is 0.00% over rolled back Taxing Authority: Conch Key Municipal Service Taxing Unit Rolled back millage rate is 0.000 Proposed millage rate is 0.0 Proposed millage rate is 0.00% over rolled back Taxing Authority: Long Key/Layton Municipal Service Taxing Unit Rolled back millage rate is 0.00 Proposed millage rate is 0.0000 Proposed millage rate is 0.00% over rolled back Taxing Authority: Duck Key Municipal Service Taxing Unit Rolled back millage rate is 0.3136 Proposed millage rate is 0.000 Proposed millage rate is -100.00% below rolled back Taxing Authority: Municipal Service Waste District Rolled back millage rate is 0.0000 Proposed millage rate is 0.0000 Proposed millage rate is 0% over rolled-back Taxing Authority: Municipal Service Taxing District 7 Rolled back millage rate is 0.0000 Proposed millage rate is 0.0000 Proposed millage rate is 0% over rolled-back Taxing Authority: Upper Keys Health Care Taxing District Rolled back millage rate is 0.0000 Proposed millage rate is 0.0000 Proposed millage rate is 0% over rolled-back Al!l!rel!ate Rolled back millage rate is 2.9417 Proposed millage rate is 3.1955 Proposed millage rate is 8.63 lH'er the rolled-back rate Agenda Item 0 10