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11/19/2008 Regular 240 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, November 19,2008 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 Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner George R. Neugent, Commissioner Dixie Spehar and Mayor Charles "Sonny" McCoy. Also present at the meeting were newly elected Commissioners Heather Carruthers and Kim Wigington; 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. Presentations were made by Mayor McCoy to Commissioner DiGennaro and Commissioner Spehar. A. Presentation was made by Commissioner DiGennaro to Mayor McCoy. Commissioner Spehar and Mayor McCoy addressed the Board and the public. Commissioner Spehar and Mayor McCoy left the meeting. Mayor Pro Tem DiGennaro recognized retiring Sheriff Richard D. Roth who was in the audience and wished him a Happy Birthday. CALL TO ORDER OF 2009 BOARD OF COUNTY COMMISSIONERS Honorable Judge Reagan Ptomey administered the Oath of Office to Commissioner Sylvia Murphy, District 5. Danny L. Kolhage, Clerk administered the Oath of Office to Commissioners Kim Wigington, District 1 and Heather Carruthers, District 3. ~lotion was made by Commissioner Murphy and seconded by Mayor Pro Tem DiGennaro nominating Commissioner Neugent as Mayor. Roll call vote was unanimous. Nlotion was made by Mayor Pro Tem DiGennaro nominating Commissioner Murphy as Mayor Pro Tem. Nominations were ~losed by Mayor Neugent. 241 :Motion was made by Commissioner DiGennaro and seconded by Mayor Neugent to adopt the following Resolution electing the Mayor (Neugent) and Mayor Pro Tern (Murphy) for the Board of County Commissioners for 2008-2009. Motion carried unanimously. RESOLUTION NO. 351-2008 Said Resolution is incorporated herein by reference. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other necessary papers and documents stating that the presently authorized signatures validating County checks are hereby continu~~d for sixty days from this date in order to meet payroll and other necessary obligations. Roll call vote carried unanimously. RESOLUTION NO. 352-2008 Said Resolution is incorporated herein by reference. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the Additions, Corrections and Deletions to the agenda. Motion earried unanimously. PRESENTATION OF AWARDS Presentation of Employee of Service Award plaque to Barbara Bauman, Planning Technician for the month of June, 2008. Presentation of Mayor's Proclamation of Children's' Memorial Day on December 14, 2008, and the month of December 2008 as Children's Memorial Month. Presentation of Mayor's Proclamation declaring Monday, November 10, 2008 as Healthy .Aging Day. Presentation of Mayor's Proclamation declaring the Month of November 2008 as Keys R4 Month in recognition of the November "Reduce and Recycle Challenge" and R4 Fairs coordinated by GLEE, and National Recycling Month. Presentation of Mayor's Proclamation declaring the week of November 9-15, 2008 as Just 4 Kids Week. NIayor's Proclamation declaring the week of November 9-15, 2008 as Community Foundation of the Florida Keys Week. 242 Mayor's Proclamation declaring the week commencing November 17,2008 be recognized as "Take Stock in Children Week" in Monroe County, Florida. BULK APPROVALS :Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the following items by unanimous consent: Board granted approval of the Monroe County Public Library Annual Plan of Service, 2009, submitted by Norma Kula, Director of Libraries, dated October 28, 2008. Board granted approval for the Key Largo, Marathon, and Key West Branch Libraries to close at 6:00 p.m. on Wednesday, November 26,2008; Wednesday, December 24, 2008; and Wednesday, December 31, 2008. Board granted approval and authorized execution of the "Receipt of Assets and Release of Trustee" for the accounting for the Martha W. Sauer Living Trust, of which the Monroe County Public Library in Key West was named a beneficiary. Board granted approval to amend Rates & Charges for the Key West International Airport, to add a minimum rental rate of $750.00 per month, plus tax and utility/trash fee, when applicable. Board granted approval and authorized execution of the Class A Emergency Medical Services Certificate of Public Convenience and Necessity (COPCN) to Keys EMS, Inc. d/b/a Keys Medical Transports for the operation of an ALS transport ambulance service for the period of December 20, 2008 through December 19,2010. Board granted approval to award Public Works surplus Item #25 as described on the Recap of Bid Opening from the September 24, 2008 bid opening. (Said Recap of Bid is incorporated herein by reference). Board granted approval to transfer title to County Vehicle Number 0903-1025 (Serial N.o. 1FTRF17253NB06101) to the Monroe County Sheriffs Office. Board granted approval to create two (2) new full-time Custodian positions for the Freeman Justice Center, to be funded by the Court Facilities Fund for Fiscal Year 2009. Board granted approval to amend a one-year Law Enforcement Residential Lease Agreement between Monroe County and a Monroe County Sheriffs Deputy residing in a Monroe County owned residence. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Weathertrol Maintenance Corp. for the central air- conditioning maintenance and repair for the Lower Keys Facilities adding two new facilities. 243 Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Marathon for utilization of the County meeting room in Marathon for 24 City Council meetings. Board granted approval to amend and exercise the first option to renew the Contract between Monroe County and Mowrey Elevator Service, Inc. d/b/a Oracle Elevator Company of Florida for complete elevator service maintenance for Monroe County. Board granted approval to award bid and authorized execution of an Agreement between Monroe County and Commercial Laundry Equipment Company, Inc. for Laundry Equipment for the Monroe County Detention Center on Stock Island. Board granted approval and authorized execution of an Amendment to Agreement for Consulting Services between Monroe County and Government Services Group, Inc., to continue providing Online Assessment Data Management Service, and updates to the annual Solid Waste Assessment roll. Board granted approval and authorized execution of a Lease Agreement to rent counter and office space at the Florida Keys Marathon Airport to Collins Aviation, LLC, on a month-to-month basis, at $1,133.00 per month plus tax. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Islands Flying Club, Inc. for premises at the Florida Keys Marathon Airport on which to construct an enclosed hangar for the storage of aircraft. Board granted approval to advertise a Notice of Calling for Bids for HV AC Equipment Replacement at the Florida Keys Marathon Airport. Board granted approval of a Loan Agreement between Monroe County and the Sculpture Foundation to loan and display a sculpture at the Key West International Airport for a period of one year at no cost to the County. Board adopted the following Resolution specifying the areas the County intends to place under a Conservation Easement at the Key West International Airport as part of the runway safety area construction proj ect to satisfy South Florida Water Management District permit requirements. RESOLUTION NO. 353-2008 Said Resolution is incorporated herein by reference. Board granted approval to reduce retainage from 10% to 5% for Pedro Falcon Electrical Contractors for the construction and completion of the Big Pine Key Park. Board granted approval of a First Amendment for the Environmental WetIand Mitigation of the Medical Examiner's Facility Contract, deleting the five year 244 maintenance and reporting period, to establish a new Agreement to include the five year maintenance and reporting plan. Board granted approval and authorized execution of a five-year Contract between Monroe County and B.A.T. Construction, Inc. for the Maintenance and Annual Reporting of the Environmental Wetlands at the new Medical Examiner's Facility. Board granted approval and authorized execution of the First Amendment to Contract for Consulting Services for American With Disabilities Act (ADA) Compliance Assessnlents between Monroe County and MBI/K2M Architecture, Inc. Board accepted the Receipt of Monthly Report on Change Orders reviewed by the County Administrator's Office. There were four Change Orders considered and approved by the County Administrator for the period beginning October 1, 2008 and ending October 31, 2008 for a net credit of $404,818.04. There was one Change Order request rejected by Facilities Development in the amount of$6,139.64, and a claim rejected totaling $627,087.60. Board granted approval and authorized execution of Addendum #002 to the Contract between Monroe County and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association. Board granted approval and authorized execution of Amendment 005 to the Older Americans Act (OAA) Contract #AA-829 (01/01/2008 to 12/31/2008) between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Community Services/In-Home and Nutrition Services). Board granted approval and authorized execution of the Low Income Home Energy A.ssistance Program Federally Funded Subgrant Agreement No. 09EA-7K-11-54- 01-019 between Monroe County Board of County Commissioners (Community Services/In-Home Services) and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low income clients. Board adopted the following Resolutions for the Transfer of Funds and the Receipt of Unanticipated Funds: Receipt of Unanticipated Funds (OMB Schedule Item No.1). RESOLUTION NO. 354-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 355-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). 245 RESOLUTION NO. 356-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 357-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 358-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 359-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 360-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 361-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 362-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 363-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 364-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 365-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 366-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 367-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 368-2008 Said Resolution is incorporated herein by reference. Amending Resolution No. 342-2008 (OMB Schedule Item No. 16). RESOLUTION NO. 369-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 370-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 371-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 372-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 373-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 374-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 375-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 376-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 377-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 378-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 379-2008 246 247 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 380-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 381-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 382-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 383-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 384-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 385-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 386-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 387-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 388-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO. 389-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 390-2008 Said Resolution is incorporated herein by reference. 248 Receipt of Unanticipated Funds (OMB Schedule Item No. 38). RESOLUTION NO. 391-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 39). RESOLUTION NO. 392-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 393-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 394-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 395-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 396-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 397-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO. 398-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 399-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 47). RESOLUTION NO. 400-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 401-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 49). RESOLUTION NO. 402-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 403-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 404-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 405-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 53). RESOLUTION NO. 406-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 54). RESOLUTION NO. 407-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 55). RESOLUTION NO. 408-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 56). RESOLUTION NO. 409-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 57). RESOLUTION NO. 410-2008 Said Resolution is incorporated herein by reference. Amending Resolution No. 338-2008 (OMB Schedule Item No. 58). RESOLUTION NO. 411-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 59). RESOLUTION NO. 412-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 60). RESOLUTION NO. 413-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 61). 249 250 RESOLUTION NO. 414-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 62). RESOLUTION NO. 415-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 63). RESOLUTION NO. 416-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 64). RESOLUTION NO. 417-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 65). RESOLUTION NO. 418-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 66). RESOLUTION NO. 419-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 67). RESOLUTION NO. 420-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 68). RESOLUTION NO. 421-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 69). RESOLUTION NO. 422-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 70). RESOLUTION NO. 423-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 71). RESOLUTION NO. 424-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 72). RESOLUTION NO. 425-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 73). RESOLUTION NO. 426-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 74). RESOLUTION NO. 427-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 75). RESOLUTION NO. 428-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 76). RESOLUTION NO. 429-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 77). RESOLUTION NO. 431-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 78). RESOLUTION NO. 432-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 79). RESOLUTION NO. 433-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 80). RESOLUTION NO. 434-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 81). RESOLUTION NO. 435-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 268-2008 (OMB Schedule Item No. 82). RESOLUTION NO. 436-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 269-2008 (OMB Schedule Item No. 83). RESOLUTION NO. 437-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 271-2008 (OMB Schedule Item No. 84). 251 RESOLUTION NO. 438-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 273-2008 (OMB Schedule Item No. 85). RESOLUTION NO. 439-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 311-2008 (OMB Schedule Item No. 86). RESOLUTION NO. 440-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 318-2008 (OMB Schedule Item No. 87). RESOLUTION NO. 441-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 319-2008 (OMB Schedule Item No. 88). RESOLUTION NO. 442-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 286-2008 (OMB Schedule Item No. 89). RESOLUTION NO. 443-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 287-2008 (OMB Schedule Item No. 90). RESOLUTION NO. 444-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 288-2008 (OMB Schedule Item No. 91). RESOLUTION NO. 445-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 289-2008 (OMB Schedule Item No. 92). RESOLUTION NO. 446-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 290-2008 (OMB Schedule Item No. 93). RESOLUTION NO. 447-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 291-2008 (OMB Schedule Item No. 94). RESOLUTION NO. 448-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 341-2008 (OMB Schedule Item No. 95). RESOLUTION NO. 449-2008 Said Resolution is incorporated herein by reference. 252 Receipt of Unanticipated Funds (OMB Schedule Item No. 96). RESOLUTION NO. 450-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 270-2008 (OMB Schedule Item No. 97). RESOLUTION NO. 451-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 272-2008 (OMB Schedule Item No. 98). RESOLUTION NO. 452-2008 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 274-2008 (OMB Schedule Item No. 99). RESOLUTION NO. 453-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMBSchedule Item No. 100). RESOLUTION NO. 454-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 101). RESOLUTION NO. 455-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.1 02). RESOLUTION NO. 456-2008 Said Resolution is incorporated herein by reference. Amending Resolution No. 340-2008 (OMB Schedule Item No 103). RESOLUTION NO. 457-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.1 04). RESOLUTION NO. 458-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 105). RESOLUTION NO. 459-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 106). RESOLUTION NO. 460-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.1 07). 253 254 RESOLUTION NO. 461-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 108). RESOLUTION NO. 462-2008 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No.1 09). RESOLUTION NO. 463-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 110). RESOLUTION NO. 464-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 111). RESOLUTION NO. 465-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 112). RESOLUTION NO. 466-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 113). RESOLUTION NO. 467-2008 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 114). RESOLUTION NO. 468-2008 Said Resolution is incorporated herein by reference. Board granted approval to advertise a Public Hearing for a Budget Amendment for Fund 404 Key West International Airport, to align the budget with expenditures of ongoing daily operations and maintenance of the Key West Airport. Board granted approval of a General Fund Transfer for the Sheriff; to transfer funds for Fiscal Year 2008 between functional distributions in accordance with F.S. Chapter 30.49(2)(a). Board granted approval to appoint three community representative members to the Criminal Justice and Mental Health Diversion Planning Council: Betty Clark, representing the Upper Keys; Beverly Gottschalk, representing the Middle Keys; and Janice Drewing, representing the Lower Keys. Board granted approval to advertise Notice of Calling for Bids for courier service for Monroe County. 255 TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Lower Keys Chamber of Commerce covering the Big Pine & Lower Keys Nautical Flea Market in an amount not to exceed $9,500, DAC II, FY 2009 Event Resources. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering Acura Key West 2009 in an amount not to exceed $75,000, DAC I, FY 2009 Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Greater Marathon Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival in an amount not to exceed $30,000, DAC III, FY 2009 Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Upper Keys Rotary Foundation, Inc. covering the Gigantic Nautical Flea Market on February 21-22,2009 in an amount not to exceed $15,000, DAC IV, FY 2009 Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Islamorada Chamber of Commerce, Inc. covering the Florida Keys Island Festival on April 4-5, 2009 in an amount not to exceed $20,000, DAC IV, FY 2009 Event Resources. Board granted approval and authorized execution of a Turn Keys Events Agreement between Monroe County and 218 Duval Street Corp. covering Fight Night in the Keys in an amount not to exceed $75,000, FY 2009 Event Resources. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Upper Keys Community Pool, Inc. covering the Orange Bowl Winter and Swim Classic between December 15,2009 and January 17, 2010 in an amount not to exceed $45,000, DAC V, FY 2009 Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Green Living and Energy Education, Inc. covering the Green Living and Energy Education Expo on March 27-29,2009 in an amount not to exceed $22,500 (District II allocation = $1,500; District III allocation = $18,000; District IV allocation = $1,500; and District V allocation = $1,500). Board granted approval and authorized execution of an Amendment (1st Amendment) to Agreement between Monroe County and Redbone, Inc. to revise the name and schedule for the Mercury CheecalRedbone Celebrity Tournament to Mercury Redbone Celebrity Tournament. 256 Board adopted the following Resolution transferring funds (from District IV, 3 Cent to District IV, 3 Cent the sum of $1 00,000.00). RESOLUTION NO. 469-2008 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Key Largo Baptist Church, Inc. covering the Jewfish Creek Bridge Run 2009 in an amount not to exceed $15,000, DAC V, FY 2009 Event Resources. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Exclusive Sports Marketing, Inc. of Florida covering Publix Family Fitness Weekend in an amount not to exceed $15,000, DAC V, FY 2009 Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Lower Keys Chamber of Commerce covering the Lower Keys Music Festival in an amount not to exceed 45,000, DAC II, FY 2009 Event Resources. Board granted approval and authorized execution of an Amendment (1st Amendment) to Agreement between Monroe County and Redbone, Inc. to revise dates and schedule for the Mercury SLAM Celebrity Tournament in an amount not to exceed $11,000, Two Penny Fishing Umbrella Funding. Board granted approval and authorized execution of an Agreement between Monroe County and Keys Area Interdenominational Resources, Inc. covering the Sombrero Beach Run on March 6-7, 2009 in an amount not to exceed $6,248, DAC III, FY 2009 Event Resources. Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and Schooner Western Union Preservation Society, Inc. covering the Schooner Western Union Maritime Museum Refit Project in an amount not to exceed $405,000, DAC I, FY 2009 Capital Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Gay & Lesbian Community Center of Key West, Inc. covering Pridefest 2009 in an amount not to exceed $20,000, DAC I, FY 2009 Event Resources. Board adopted the following Resolution transferring funds (Emergency Contingency Funds). RESOLUTION NO. 470-2008 Said Resolution is incorporated herein by reference. 257 DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of the Florida Boating Improvement Program Grant Agreement Contract No. 08071 between Monroe County and the Florida Fish & Wildlife Conservation Commission (FWC) providing reimbursement funding in an amount not to exceed $138,930 for construction of the Sunset Point Park boat ramp in Key Largo. Board adopted the following Resolution approving for Year 17, from July 15, 2008 to July 13, 2009, thirty-five thousand square feet of non-residential floor area to be available pursuant to Section 9.5-124 of the Monroe County Code. RESOLUTION NO. 471-2008 Said Resolution is incorporated herein by reference. Board granted approval to advertise Notice of Request for Proposals to update the Monroe County Year 2010 Comprehensive Plan. Board granted approval and authorized execution of a Grant of Easement and Right of Use Agreement (Reciprocal Access and Recreational Easement) between Sea Grape Apartments Ltd. and Sea Grape II, Ltd. as underlying fee owner. The agreement will allow for the shared use of the roads, sidewalks, and amenities between Phase I and Phase II of the development. Board granted approval and authorized execution of a Grant of Easement by and between Monroe County and Islander Village, LLC, Grantors and the Key West Resort Utilities, Corp. to allow ingress and egress over its property for sewer service. Board adopted the following Resolution requesting the Florida Department of Environmental Protection and the South Florida Water Management District to allow Monroe County's Growth Management Division to participate in the Public Hearings and development approval process associated with the recent application from Florida Rock and Sand Company to develop and operate a 3,186 acre site which will include 1,241 acres of disturbed area for excavation and agriculture with the remaining 1,945 acres utilized for mitigation of the development activity. RESOLUTION NO. 472-2008 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the following request for Expenditures from the Law Enforcement Trust Fund: 258 $5,000 - Key Largo Chamber of Commerce, to help fund an exhibition basketball game to reach out to at-risk children, at no charge with the Harlem Ambassadors who have a strong anti-drug pro-school message. $3,000 - Toys for Tots, to distribute to needy families with children in Monroe County for Christmas. $532.81 - Monroe County Sheriffs Office, to fund unbudgeted equipment for security at the Key West Airport. COMMISSIONERS' ITEMS Board granted approval of Commissioner Murphy's reappointment of Todd Firm to the Human Services Advisory Board, with a term expiring November, 2012. Board granted approval of Commissioner Neugent's reappointment of David Paul Horan to the Human Services Advisory Board with term expiring November 1,2010. Board adopted the following Resolution to support reappointment of Florida Keys Aqueduct Authority Directors. RESOLUTION NO. 473-2008 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner DiGennaro's appointment of Kim Bassett as the District 4 Representative to the Human Services Advisory Board. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Special BOCC meetings held on September 15, 24 & 29, 2008 and Regular BOCC meeting of September 17, 2008 (previously distributed). Board granted approval of the following Warrants (104002-104072 & 533753- 534727): Fine & Forfeiture Fund (101), in the amount of $3,044,324.03; TDC District Two Penny (115), in the amount of $6,953,694.90; TDC Admin. & Promo 2 Cent (116), in the amount of $46,243.49; TDC District 1,3 Cent (117), in the amount of $363,641.82; TDC District 2,3 Cent (118), in the amount of $632,642.50; TDC District 3,3 Cent (119), in the amount of$315,704.13; TDC District 4,3 Cent (120), in the amount of$2,598.64; TDC District 5,3 Cent (121), in the amount of$49,613.55; Gov. Fund Type Grants (125), in the amount of$30,329.85; Impact Fees Roadways (130), in the amount of$2,819.55; Impact Fees Parks & Rec (131), in the amount of $231,877.92; Uninc Svc Dist Parks & Rec (147), in the amount of$121,489.47; Plan, Build, Zoning (148), in the amount of$2,443.05; Municipal Policing (149), in the amount of$126,368.24; 911 Enhancement Fee, in the amount of$37,143.22; Duck Key Security (152), in the amount of$I,278,562.42; Local Housing Assistance (153), in the 259 amount of$99,747.63; Boating Improvement Fund (157), in the amount of$3,840.00; Misc. Special Revenue Fund (158), in the amount of$57,341.22; Environmental Restoration (160), in the amount of$28,471.84; Law Enforcement Trust (162), in the amount of$106,861.95; Court Facilities Fees-602 (163), in the amount of$476.84; Drug Abuse Trust (164), in the amount of$43,836.03; Marathon Municipal Service (166), in the amount of$13,415.39; Cudjoe-SugarloafMSTU (172), in the amount of $22.38; 1 Cent Infra Surtax (304), in the amount of$23,958.65; 2003 Revenue Bonds (307), in the amount of$255,922.01; Big Coppitt Wastewater Pr (310), in the amount of$I,347,076.03; Duck Key Wastewater (311), in the amount of$522,334.09; Key West IntI. Airport (404), in the amount of$2,308.34; KW AlP Series 2006 Bonds (405), in the amount of$72,641.81; MSD Solid Waste (414), in the amount of $422,163.04; Worker's Compensation (501), in the amount of$602,828.54; Group Insurance Fund (502), in the amount of$I,171,388.74; Risk Management Fund (503), in the amount of $78,534.89; Fleet Management Fund (504), in the amount of $305,159.31; Law Enforcement Trust Fund (600), in the amount of$104,684.42; Court Facilities Fees (602), in the amount of$173,939.03; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,200.00. Board granted approval of the following Tourist Development Council Expenditures for the month of October, 2008: Advertising, in the amount of$479,977.15; Bricks & Mortar Projects/Interlocals, in the amount of$345,581.16; Visitor Information Services, in the amount of$12,944.00; Events, in the amount of$170,172.91; Office Supplies & Operating Costs, in the amount of$18,925.08; Personal Services, in the amount of $95,575.40; Public Relations, in the amount of $93,01 0.57; Sales & Marketing, in the amount of$155,679.50; Telephone & Utilities, in the amount of $18,074.97; Travel, in the amount of$21,470.61. Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. (Said list is incorporated herein by reference.) COUNTY ADMINISTRATOR Board granted approval of the reappointment of James Schmidt as alternate to the Florida Keys Council for People with Disabilities for a three year term. Board granted approval to dissolve five dormant committees and remove from the list of Commissioners' Appointments. Motion carried unanimously. MONROE COUNTY HOUSING AUTHORITY Andrew Trivette, Growth Management Director requested that the Board continue the consideration of a Resolution approving a revision to the Local Housing Assistance Plan, Homebuyer Assistance Strategy; and providing for an effective date to the December meeting in Marathon. Motion was made by Commissioner DiGennaro and 260 seconded by Commissioner Carruthers to reopen the agenda and continue the agenda item alto the December Board meeting in Marathon. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed the approval to apply for the Stan Mayfield Working Waterfronts Program Grant to acquire the former Gulf Seafood site located at 6100 Peninsula Avenue in Stock Island in order to preserve it in perpetuity for commercial fishing working waterfront. The following individuals addressed the Board: Peter Bacle, representing Stock Island Lobster Company; Gary Nichols, representing Nichols Seafood of Conch Key; Scott Zimmerman, Executive Director of the Florida Keys Commercial Fishermen's Association; Jeff Graff, representing WSG Sand Lake, L.P , Jeff Cramer, Jimmy Morales, Doug Gregory, representing University of FloridaIMonroe County Extension Program; and Diane Beruldson. Lisa Tennyson, Grants Administrator discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Roll call vote was unanImous. COUNTY ATTORNEY The Board discussed approval to advertise a Public Hearing to consider an Ordinance creating two MSTU's for the levy of taxes to fund Trauma Star, to provide for emergency air transport service. The following individuals addressed the Board: Bill Andrews, representing Key Largo Fire Rescue & EMS District; Sue Heim and Diane Beruldson. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Roll call vote was unanImous. BUDGET & FINANCE A presentation was made to the Board by Major Tommy Taylor of the Monroe County Sheriffs Office Detention Center, Chairman of the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Planning Council, and the Program Director Clare Shaw to update the Commission on activities of the council and project progress. MISCELLANEOUS BULK APPROVALS The Board discussed a Resolution eliminating Section 11.03A of the Personnel Policies and Procedures which provides for a Retirement "Buy Out" Program during the month of June each year. Teresa Aguiar, Employee Services Division Director discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 474-2008 Said Resolution is incorporated herein by reference. 261 The Board discussed changes to the Monroe County Personnel Policies and Procedures Manual as recommended by the Policies and Procedures Board. Teresa Aguiar, Employee Services Division Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed a Second Lease Extension Agreement between Monroe County and Greyhound Lines, for space at the Key West International Airport. Peter Horton, Director of Airports discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval and authorizing execution of the item. Motion carried unanimously. The Board discussed the approval to advertise for bio-diesel fuel deliveries to fueling stations owned and operated by Monroe County and/or the Monroe County School Board located from Key West to Key Largo, and approval to waive Purchasing Policy allowing Fleet Management to purchase bio-diesel over the $25,000.00 limit from licensed fuel providers without a contract while going through the bid process. Dent Pierce, Public Works Director and Roman Gastesi, County Administrator discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to change the amount from $25,000.00 to a 15,000 gallons per month limit. Joseph Oliveros, representing Sun Bio Diesel addressed the Board. Motion carried unanimously. The Board discussed rejecting all bids and re-advertising for sealed bids for management of the Big Pine Park and/or Skate Park. Dent Pierce, Public Works Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed approval to reject all bids for Janitorial Services and for Landscaping and Maintenance at the Murray E. Nelson Government and Cultural Center. Dent Pierce, Public Works Director and Roman Gastesi discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval, per Staff recommendation to reject both bids and hire one (1) Custodian and one (1) Maintenance Worker as approved in the final Fiscal Year 2009 budget adopted on September 29, 2008. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner DiGennaro Yes Commissioner Murphy Yes Commissioner Wigington Yes Mayor Neugent Yes Motion carried. 262 The Board discussed an Agreement with the law firm ofTew Cardenas, LLP for outside legal services to assist in the preparation of the Proposed Recommended Order (PRO) should the County prevail in the administrative hearing. The following individuals addressed the Board: John Hammerstrom and Sue Heim. Bob Shillinger, Chief Assistant County Attorney and Peter Horton, Airports Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval and authorizing execution of the item. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval and authorizing execution of Amendment 3 to the Contract for temporary ferry service from the City of Marathon to Pigeon Key between Monroe County and Paradise Divers, Inc., extending the termination date to June 30, 2009. After discussion, the maker of the motion withdrew. (This item is considered later in the day along with agenda items P2 and P7). TOURIST DEVELOPMENT COUNCIL The Board discussed a request to utilize $500,000 in Monroe County Tourist Development Council (TDC) Emergency Contingency Funds, as follows: Generic (two penny account) funding of$226,980; District 5 funding of$58,845; District 4 funding of $80,782; District 2 funding of$33,393; District 1 funding of$100,000. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. SOUNDING BOARD Howard Gelbman addressed the Board in regards to - Creation of a Recreation District in Key Largo in accordance with Florida Statute Chapter 418. No official action was taken. MISCELLANEOUS ITEM Roman Gastesi, County Administrator introduced to the Board Dr. Chad E. Brocato Sr., selected as Monroe County Fire-Rescue Chief. Mr. Gastesi advised that he will bring a contract for consideration before the Board at the December meeting. The following individual addressed the Board: Diane Beruldson. COMMISSIONERS' ITEMS/MISCELLANEOUS BULK APPROVALS The Board discussed Commissioner Murphy's item concerning a Resolution requesting the Florida Department of Transportation (FDOT) revise the Five Y ear Work Program as it pertains to milling and resurfacing ofDS Highway 1 from mile marker 93 to 106 reducing the proposed north bound shoulder total width to no more than four (4) feet or matching that of the southbound proposal. The following individuals addressed the Board: Alice Bravo, Aileen Boucle' and Jaoquin Vargas, representing the Florida 263 Department of Transportation; Brian Wolshol, Ph.D, P.E.; Craig Marston, representing the City of Key West; D. A. Aldridge, Katrina Levene, representing the Key Largo Chamber; John Hammerstrom, representing the Tavernier Community Association; Fred Nickerson, Jackie Harder, President of the Key Largo Chamber of Commerce; Pauline Klein, representing the Island of Key Largo Federation Home Owner's Association; Bert Cannon, representing Hammer Point Owner's Association, Inc.; Sherry Phillips, Alicia Putney, Kay Thacker, Ron Miller, representing the Island of Key Largo Federation Home Owner's Association; Patty Ivey, representing the Florida Department of Transportation - Monroe County Office; Diane Beruldson and Sue Heim. The Clerk entered into the official record Resolution No. 08-314 from the City of Key West. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers in support ofFDOT's 10' widening. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington No Mayor Neugent No Motion failed. Motion was made by Commissioner DiGennaro and seconded by Mayor Neugent to take the item to referendum to allow the residents of Monroe County to vote on the matter. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington No Mayor Neugent No Motion failed. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following Resolution requesting the Florida Department of Transportation revise the Five Year Work Program as it pertains to milling and resurfacing of US Highway 1 from mile marker 93 to 106 reducing the proposed north bound shoulder total width to no more than four (4) feet or matching that of the southbound proposal. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner DiGennaro Yes Commissioner Murphy Yes Commissioner Wigington Yes Mayor Neugent Yes ~"REV'SION 264 Motion carried. RESOLUTION NO. 475-2008 Said Resolution is incorporated herein by reference. Alice Bravo, representing the Florida Department of Transportation updated the Board on the Old 7 Mile Bridge repair project. Ms. Bravo advised the Board that the repair proj ect will be deferred from the 5 year work plan. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval and authorizing execution of Amendment 3 to the Contract between Monroe County and Paradise Divers, Inc., for temporary ferry service from the City of Marathon to Pigeon Key, extending the termination date to June 30, 2009. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance Resolution renouncing and disclaiming any right of the County and the public in and to a 15-foot wide alley adjoining Barracuda Boulevard bounded by Lots 1,2, 3, 20 and 21, Block 11, Anglers Park, as recorded in Plat Book 1, Page 159, of the Public Records of Monroe County, Florida (Key Largo). There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance Resolution. Motion carried unanimously. * ORDIN.LA..NCE NO. 027 2008 RESOLUTION 475a-2008 Said Ordinance 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 Ruth R. & David Hindelang for property described as Lot 18, Block 8, Ocean Park Village Subdivision, Key Largo, RE# 00446750.000000 in the form of purchase offer from the Monroe County Land Authority. The following individual addressed the Board: Attorney James Mattson, representing the Petitioners addressed the Board. Bob Shillinger, Chief Assistant County Attorney; and Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 476-2008 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 George Pyrpiris on property described as Lots 43,44 & 45, Block 3, Harris Ocean Park Estates Subdivision, Key Largo, RE# 00448040.000000,00448050.000000 & 00448060.000000 in the form of purchase offer 265 from the Monroe County Land Authority. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 477-2008 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 Jose A. Gonzalez on property described as Lot 6, Block 7, Key Largo Beach Subdivision, Key Largo, RE# 00502530.000000 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 DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 478-2008 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 Andrew M. Tobin on property described as Lot 7, Block 8, Largo Beach Subdivision, Key Largo, RE# 00477860.000000 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 DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 479-2008 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Reliefmade by Rafael L. & Georgina F. Becquer on property described as Lot 17, Block 7, Ocean Park Village Subdivision, Key Largo, RE# 00446550.000000 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 DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 480-2008 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following five (5) items - there was no public input: A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Joseph Michael Brunke on property described as Lot 8, Block 4, Largo Sound Park Subdivision, Key Largo, RE# 00471010.000000 in the form of one (1) dwelling unit allocation award. 266 RESOLUTION NO. 481-2008 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 Twin Lakes Key Largo LLC on property described as Lot 14, Block 1, Twin Lakes Subdivision, Key Largo, RE# 00548130.000000 in the form of one (1) dwelling unit allocation award. RESOLUTION NO. 482-2008 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 Soloman C. & Sara D. Lam on property described as Lot 1, Block 1 & Adj filled Bay Bottom, Sunset Waterways Subdivision, Key Largo, RE# 00529700.000000 in the form of one (1) dwelling unit allocation award. RESOLUTION NO. 483-2008 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 Thomas Nolt on property described as Lot 22, Block 2, Winston Park Subdivision, Key Largo, RE# 00545830.000000 in the form of one (1) dwelling unit allocation award. RESOLUTION NO. 484-2008 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Reliefmade by Ana G. Zalesky on property described as Lot 14, Block 2, Pamela Villa Subdivision, Key Largo, RE# 00463940.000000 in the form of one (1) dwelling unit allocation award. RESOLUTION NO. 485-2008 Said Resolution is incorporated herein by reference. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance amending Sections 9.5-68 and 9.5-69 of the Monroe County Code concerning conditional uses; amending procedures and deleting obsolete provisions; providing for severability; providing for repeal of inconsistent provisions; providing for transmission to the Department of Community Affairs and the Secretary of State; providing for an effective date. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 028-2008 267 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance adopting an amendment to the Year 2010 Monroe County Comprehensive Plan pursuant to F.S. Section 163-3177(3)(b); amending Table 4.1 Five-Year Schedule of Capital Improvements (Exhibit A) and amending Section 4.0 Capital Improvements Implementation; providing for severability; providing for repeal of inconsistent provisions; providing for transmission to the Department of Community Affairs and the Secretary of State; providing for an effective date. The Board accepted public input with the following individuals addressing the Board: Sue Heim and Alicia Putney. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 029-2008 Said Ordinance is incorporated herein by reference. WASTEWATER ISSUES Charles Fishburn, General Manager of the Key Largo Wastewater Treatment District (KLWTD) made a presentation concerning the status of Key Largo Sewer projects. Jim Reynolds, Executive Director of the Florida Keys Aqueduct Authority; Tom Walker, Florida Keys Aqueduct Authority Department Director - Engineering; and Bob Eady, of the Monroe County Health Department made a presentation of the results of the Florida Keys Aqueduct Authority (FKAA) Analysis of alternative Wastewater Collection System technologies for the Cudjoe Regional Wastewater System. The Board discussed approval to advertise a notice of intent for the non-ad valorem assessment program for those properties in Key Haven, Lower Sugarloaf through Big Pine Keys, No Name Key and Long Key. The following individuals addressed the Board: Hallett Douville, representing the Solar Community of No Name Key; Alicia Putney, Jim Newton, representing the No Name Key Property Owner's Association; and Sue Heim. Liz Wood, Sr. Administrator, Sewer Projects discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed approval to waive purchasing policy to pay an invoice for $8,400 from Government Services Group, Inc. (GSG) for the preparation and certification of the Fiscal Year 2008-2009 Stock Island #1 Capacity Reservation Fee non- ad valorem tax roll. Liz Wood, Sr. Administrator, Sewer Projects discussed the matter. The following individual addressed the Board: Sue Heim. After discussion, motion was 268 made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board discussed approval to waive purchasing policy to pay an invoice in the amount of $8,400 from Government Services Group, Inc. (GSG) for the preparation and certification of the Fiscal Year 2008-2009 Big Coppitt and Duck Key System Development Fee non-ad valorem tax roll. The following individual addressed the Board: Sue Heim. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval to execute a Resolution and Declaration of Official Intent Under U.S. Treasury Regulations with Respect to Reimbursements from Note and Bond Proceeds of Temporary Advances Made for Payments Prior to Issuance and designation of the County Administrator as the authorized officer for purposes of executing documents related thereto. Motion carried unanimously. RESOLUTION NO. 486-2008 Said Resolution is incorporated herein by reference. CLOSED SESSION Bob Shillinger, Chief Assistant County Attorney requested that the Board postpone the following two items: Closed execution session of the Board of County Commissioners in the matter of Celeste Bruno v. Monroe County, 07-10117CV Closed executive session of the Board of County Commissioners in the matter of Lloyd Good v. Monroe County, Case No. CA K 01-977. Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro postpone the above items to December 8, 2008 at 2:00 P.M. at the Marathon Government Center. Motion carried unanimously. Commissioner DiGennaro excused himself from the meeting. COMMISSIONERS' ITEMS Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to continue Commissioner DiGennaro's item concerning the discussion of ROGO allocation policy to provide some flexibility to property owners due to current national banking industry issues in obtaining construction loans. Motion carried unanimously, with Commissioner DiGennaro not present. 269 Commissioner DiGennaro returned to the meeting and took his seat. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution expressing concern about the possible impact on Monroe County's elderly population and their families if the Key West Convalescent Center is required to close and to transfer patients and requesting a 90 day extension to come into compliance with ARCA and CMS Regulations or locate another firm to take over the operation of the Center, or transfer patients to another facility. Motion carried unanimously. RESOLUTION NO. 430-2008 Said Resolution is incorporated herein by reference. STAFF REPORTS Peter Horton, Airports Director reported to the Board the status of the Key West International Airport project and the transition steps to bring the project back on track. Roman Gastesi, County Administrator discussed the status of the Murray Nelson Government Center. Drew Trivette, Growth Management Director discussed the tracking software which is used in the division. DIVISION OF GROWTH MANAGEMENT Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Resolution appointing Bob Calhoun to the Affordable Housing Advisory Committee pursuant to F.S. Section 420.9076 and F.A.C. Chapter 67-37.010 as the member representing areas of labor engaged in home building. RESOLUTION NO. 487-2008 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Mayor Neugent discussed his item concerning the Key West Botanical Garden Society's request for a waiver of fines for the Wildwood Lane property. Peter Rysman, representing the Key West Botanical Garden addressed the Board. Bob Shillinger, Chief Assistant County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro to waive the fines. After consideration, the motion was withdrawn. Motion was then made by Commissioner Carruthers and seconded by Commissioner Murphy to assess a fine in the amount of$3,000 to cover the county's costs. Roll call vote was unanimous. 270 COUNTY ADMINISTRATOR The Board accepted the written Monthly Activity Report for October, 2008, dated November 4,2008. Mr. Gastesi discussed his concerns over the budget overall. The Board discussed the BOCC Meeting Dates for 2009. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to hold the monthly meetings on the 3rd week of each month, with the exception of January to be held on the 4th week. Motion carried unanimously. The Board discussed the County Administrator's employment agreement. No official action was taken. COUNTY ATTORNEY Bob Shillinger, Chief Assistant County Attorney referred the Board to the written November 2008 Litigation Report from Suzanne Hutton, County Attorney, dated November 18, 2008. Bob Shillinger, Chief Assistant County Attorney discussed the matter of Sandra Carter v. Monroe County, CA K 07-822. The Clerk entered into the official record a letter from Sandra Carter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to appeal the Circuit Court's appellate decision to the Third District Court of Appeals. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington Yes Mayor Neugent Yes Motion carried. Bob Shillinger, Chief Assistant County Attorney requested direction for a course of action to take regarding failure of Isolina Souto to pay a mitigated fine in Monroe County v. Isolino Souto, Case No. 08-CA-391-P. Mr. Shillinger informed the Board that he received checks from Ms. Souto totaling the amount of $1 0,000 for the settlement of the matter. Motion was made by Commissioner DiGennaro and seconded by Mayor Neugent granting approval and authorizing execution of an Agreement for Consulting Services between Monroe County and the Center for Urban and Environmental Solutions (CUES) at the Florida Atlantic University for consulting services to be performed by James F. Murley, Esq., Director of CUES. Motion carried unanimously. 271 Bob Shillinger, Chief Assistant County Attorney requested the scheduling and advertising of a Special Meeting on December 3, 2008, at 10:00 A.M., in Key West for the purpose of holding: 1) an Attorney-Client Closed Session of the Board of County Commissioners in the matter of Department of Community Affairs v. Monroe County, et aI, DOAH 08-2035, and 2) a Public Hearing on a Compliance Agreement in that same matter. Mr. Shillinger read into the record the names of the individuals authorized to be present at the Closed Session. Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington granting approval of the items. Motion carried unanimously. 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 ~ ~.. ~~tv~ Isabel C. DeSantis, Deputy Clerk