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12/17/2008 Regular 276 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 17, 2008 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner Sylvia Murphy, Commissioner Kim Wigington, and Mayor George R. Neugent. Also present were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Commissioner Carruthers informed the Board she is traveling to Washington, DC to attend the Presidential Inauguration and is eager to discuss county related issues with representatives. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of a Key Largo wood rat poster by Ann Morkill, Project Leader of Florida Keys Refuges to Monroe County for display in the Division of Growth Management offices. BULK APPROVALS Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers granting approval of the following items by unanimous consent: Board granted approval of a Federally-Funded Subgrant Agreement between Monroe County and the State of Florida, Division of Emergency Management concerning a Citizen Corps Agreement, Contract Number: 09CC in the amount of$7,500.00; and authorized the County Administrator to execute any other required documentation in relation to the application process. Board granted approval of an Agreement between Monroe County and the State of Florida, Division of Emergency Management concerning a Community Emergency Response Team (CERT) Agreement Contract Number: 09CI in the amount of 277 $10,000.00; and authorized the County Administrator to execute any other required documentation in relation to the application process. Board granted approval ofFY 08 Federally-Funded Subgrant Agreement between Monroe County and the State of Florida, Division of Emergency Management Grant Program Agreement 08-DS-51-11-54-01; and authorized the County Administrator to execute any other required documentation in relation to the application process. Board granted approval to award bid and enter into an Agreement between Monroe County and Post, Buckley, Schuh & Jernigan (PBS&J) to provide Professional Services for Review and Update of Public Works All-Hazard Emergency Plan of County, Government Agencies and Municipalities with Monroe County; and authorized the County Administrator to execute any other required documentation in relation to the review and update process. Board granted approval of and authorized execution of a Suncom Network Services Agreement between Monroe County and the State of Florida, Department of Management Services Enterprise Information Technology Service. Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. Said document is incorporated herein by reference. Board granted approval and authorized execution of the Local Governmental Agreement between Monroe County and the South Florida Water Management District (SFWMD), Agreement No. 4600001593 to provide $500,000 funding for stormwater management projects. Board adopted the following Resolution approving reactivating the Community Development Block Grant (CDBG) Citizens Advisory Task Force and setting the term of service for members at four years. RESOLUTION NO. 488-2008 Said Resolution is incorporated herein by reference. Board adopted the following Resolutions concerning the Transfer of Funds, the Receipt of Unanticipated Revenue, and Amending Funds. Amending Resolution No. 435-2008 (OMB Schedule Item No.1). RESOLUTION NO. 489-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 490-2008 Said Resolution is incorporated herein by reference. 278 Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 491-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 492-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.5). RESOLUTION NO. 493-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 494-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 495-2008 Said Resolution is incorporated herein by reference. Resolution amending Resolution No. 369-2008 (OMB Schedule Item No.8). RESOLUTION NO. 496-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 497-2008 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.1 0). RESOLUTION NO. 498-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 499-2008 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 500-2008 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Amendment 001 to the Community Care for the Elderly (CCE) Contract #KC871 between the Alliance for Aging, Inc., (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners (Social Services/In- Home Services) for fiscal year 7/01/08 to 6/30109. 279 Board granted approval and authorized execution of the Renewal of the Home and Community Based Services Aged and Disabled Adult Medicaid Waiver (ADA-MW) Contract between the Alliance for Aging, Inc., and the Monroe County Board of County Commissioners (Monroe County In-Home and Nutrition Services Program) for Direct In- Home Services. Board granted approval and authorized execution of the Older Americans Act (OAA) Contract #AA-929(1I1109-12/31109) for Titles III-B, C-I, C-II, and III-E between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County In- Home and Nutrition Services. Board granted approval and authorized execution of the Community Care for Disabled Adults (CCDA) Contract #KG061- between the State of Florida, Department of Children & families and the Monroe County Board of County Commissioners/Monroe County In-Home Services. This Contract is for Fiscal Year January 1, 2009 through June 30, 2010. Board granted approval and authorized execution of an Amendment to Extend Agreement between Monroe County and GA Food Service, Inc., for a period not to exceed 90 days for the Monroe County Nutrition Program. Board rescinded Agenda Item L-7 from November 19,2008 and approved execution of Resolution No. 486-2008 concerning a Declaration of Official Intent under U.S. Treasury Regulations with respect to reimbursement 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. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Bauer Restaurant, Inc. to cover Key West Songwriter's Festival on April 29 - May 3, 2009 in an amount not to exceed $45,000, DAC I, FY 2009 Event Resources. Board granted approval to revise the 2009/1 0 Cultural Umbrella Event Application used by the Florida Keys Council of the Arts to make recommendations to the Monroe County Tourist Development Council concerning funding for tourism related cultural activities. This is just a change to the scoring within the application process. Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and the Key West Botanical Garden Society, Inc. for the Renovation of the Nature Chapel project in an amount not to exceed $44,000, DAC I, FY 2009 Capital Resources. 280 Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Key West Botanical Garden Society, Inc. to extend termination date to July 30, 2009. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and the Conch Republic Offshore Power Boat Racing Association, Inc. covering the Key West World Championship Race 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 Lower Keys Chamber of Commerce, Inc. covering Big Pine and Lower Keys Island Art Festival on December 13, 2009 in an amount not to exceed $9,000, DAC II, FY 2009 Event Resources. Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and C.B. Schmitt Real Estate Co., Inc. to provide office and parking space for the Monroe County Tourist Development Council Administrative Office. Board granted approval and authorized execution of an Amendment (l st Amendment) to Agreement between Monroe County and Redbone, Inc. to revise dates of the Mercury Baybone Celebrity Tournament to October, 2009 in an amount not to exceed $7,000, FY 2009 Two Penny Fishing Umbrella Funding. Board granted approval and authorized execution of an Amendment (l st Amendment) to Agreement between Monroe County and Redbone, Inc. to revise date of the Mercury Baybone Celebrity Tournament to October 2008, in an amount not to exceed $7,000, Two Penny Fishing Umbrella Funding. Board adopted the following Resolution concerning the Transfer of Funds. RESOLUTION NO. 501-2008 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Upper Keys Business Group, Inc. covering the Key Largo Singers & Songwriters Festival in May 2009, in an amount not to exceed $25,000, DAC V, FY 2009 Event Resources. Board granted approval and authorized execution of a 1 st Amendment to Agreement between Monroe County and Key West Inn Keepers Association, Inc., to correct date of the Lighted Historic Tour to November and December, 2007 in the amount not to exceed $3,000 FY 2008 Two Penny Cultural Umbrella Funding. Board granted approval and authorized execution an Amendment (2nd Amendment) to Agreement between Monroe County and Florida Keys Land and Sea 281 Trust, Inc. for Crane House Restoration Project in an amount not to exceed $172,000, DAC III, FY 2009 Capital Resources. DIVISION OF GROWTH MANAGEMENT Board granted approval of the selected contractor, Dot Palm Landscaping, Inc., and authorized execution of a Contract for Professional services for the removal of invasive exotic plant species from conservation lands that are owned or managed by Monroe County. Board acknowledged the receipt of the Affordable Housing Advisory Committee's recommendations to amend the Local Housing Assistance Plan, which will be considered and voted upon by the Board of County Commissioners within 90 days. Board granted approval of the selected contractor, GMR Aerial Surveys, Inc. and authorized execution of a Contract for Professional Services for the development of a Geospatial Land Cover Dataset for the Florida Keys. MONROE COUNTY HEALTH DEPARTMENT Board adopted the following Resolution authorizing the Monroe County Health Department to establish fees specifically for primary care services, community public health services, vital statistics, medical records, public records and returned/dishonored checks offered at the Monroe County Health Department as set forth in Exhibit "A" attached and made a part of the Resolution. RESOLUTION NO. 502-2008 Said Resolution is incorporated herein by reference. Board ratified changes to Attachment II, Part II of the Fiscal Year 2009 Core Contract between Monroe County the Monroe County Health Department, approved at the October 15,2008 meeting. COMMISSIONERS' ITEMS Board granted approval of Commissioner Wigington's reappointment of Nance Frank to Art In Public Places Committee for a four year term, expiring November 1, 2012. Board granted approval of the Elected Official Bond for Mayor Pro Tern Sylvia J. Murphy, term of bond is November 15,2008 to November 15,2010. Board granted approval of Commissioner Murphy's reappointment of Bill Loewy to the Monroe County Shared Asset Forfeiture Committee, term to expire on December 20,2010. 282 Board granted approval of Mayor Neugent's reappointment of Bob Mock to the Parks and Recreation Board, term to expire on January 1, 2013. Board adopted the following Resolution recognizing December 21, 2008 as National Homeless Persons' Memorial Day. RESOLUTION NO. 503-2008 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner DiGennaro's reappointment of Christine Tejera to serve on the Parks & Recreation Board as the District 4 representative, term to expire on January 1,2013. Board granted approval of the Elected Official Bond for Commissioner Kim Wigington. Board granted approval of the Elected Official Bond for Commissioner Heather Carruthers. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the Regular BOCC meeting held on October 15,2008 (previously distributed). Board granted approval of the following Warrants (104073 - 104101 & 534728 - 535683): Fine & Forfeiture Fund (101), in the amount of$659,318.82; TDC District Two Penny (115), in the amount of $3, 193,421.52; TDC Admin. & Promo 2 Cent (116), in the amount of$165,888.20; TDC District 1,3 Cent (117), in the amount of $336,469.44; TDC District 2,3 Cent (118), in the amount of$195,370.73; TDC District 3,3 Cent (119), in the amount of $422,859.67; TDC District 4,3 Cent (120), in the amount of$39,077.24; TDC District 5,3 Cent (121), in the amount of$31,503.20; Gov. Fund Type Grants (125), in the amount of$123,455.18; Impact Fees Roadways (130), in the amount of $65,488.20; Impact Fees Parks & Rec (131), in the amount of $217,387.64; Uninc Svc Dist Parks & Rec (147), in the amount of$109,058.73; Plan, Build, Zoning (148), in the amount of $266.94; Municipal Policing (149), in the amount of$14,329.13; 911 Enhancement Fee (150), in the amount of$60,096.30; Duck Key Security (152), in the amount of$294,668.93; Local Housing Assistance (153), in the amount of$149,670.95; Boating Improvement Fund (157), in the amount of$3,968.00; Misc. Special Revenue Fund (158), in the amount of $49,362.82; Environmental Restoration (160), in the amount of $46,989.77; Law Enforcement Trust (162), in the amount of$209,919.92; Court Facilities Fees-602 (163), in the amount of$I,694.20; Marathon Municipal Service (166), in the amount of $27,008.53; Cudjoe-Sugarloaf MSTU (172), in the amount of$19.26; Long Key, Layton MSTU (175), in the amount of$499.66; 1 Cent Infra Surtax (304), in the amount of$3,363.28; 2003 Revenue Bonds (307), in the amount of$306,579.58; Big Coppitt Wastewater Pr (310), in the amount of$609,129.61; Duck Key Wastewater (311), in the amount of$249,546.38; 283 Key West Inti. Airport (404), in the amount of$2,710.33; KW AlP Series 2006 Bonds (405), in the amount of$107,385.18; MSD Solid Waste (414), in the amount of $72,887.63; Worker's Compensation (501), in the amount of$287,410.25; Group Insurance Fund (502), in the amount of $677,803.41; Risk Management Fund (503), in the amount of $184,268.02; Fleet Management Fund (504), in the amount of $146,069.73; Law Enforcement Trust Fund (600), in the amount of$II,763.04; Court Facilities Fees (602), in the amount of$115,286.12; Fire&EMS LOSAP Trust Fund (610), in the amount of$I,200.00. Board granted approval of the following Tourist Development Council Expenditures for the month of November, 2008: Advertising, in the amount of $514,795.61; Bricks & Mortar Projects/Interlocals, in the amount of$289,751.51; Visitor Information Services, in the amount of$102,620.00; Events, in the amount of $17,349.96; Office Supplies & Operating Costs, in the amount of $40,268.49; Personal Services, in the amount of $64,045.43; Public Relations, in the amount of$87,301.02; Sales & Marketing, in the amount of $76,945.42; Telephone & Utilities, in the amount of $11,618.14; Travel, in the amount of$13,713.35. 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 Public Official Bond for Bill Shaw, Mosquito Control. Board granted approval of the Public Official Bond for Steven K. Smith, Mosquito Control. Board granted approval of the Public Official Bond for Joan Lord-Papy, Mosquito Control. Board granted approval of the appointment of Edith Zewadski-Bricker to the South Florida Workforce Investment Board. Board granted approval and authorized execution of an Employment Agreement and Confirmation of Wilma F. Corbin as Executive Assistant to Commissioner Kim Wigington, District 1. Board granted approval and authorized execution of an Employment Agreement and confirmation of Carol Schreck as Executive Assistant to Commissioner Heather Carruthers, District 3. COUNTY ATTORNEY Board adopted the following Resolution extending the default date for the SHIP 284 Mortgage issued for Woods Comer. RESOLUTION NO. 504-2008 Said Resolution is incorporated herein by reference. Board granted approval of the unanimous recommendation from the Contractor's Examining Board to appoint Mr. Rudy Krause, as a regular member of the Board for an initial three (3) year term to begin January 19, 2009; and approval to reappoint Mr. Charles Miller as an alternate member, for another term to begin January 1, 2009. Board granted authorization to institute collection proceedings and/or enter settlement negotiations with Alice Pastuck Colpetsir in Code Enforcement Case CE06020191. Board granted approval to advertise a Public Hearing for an Ordinance adopting a new Code of Ordinances (recodification of existing Monroe County Code) for Monroe County, Florida, to be held at a regularly scheduled BOCC meeting on January 28, 2009. Board granted approval to file amicus curiae brief in the Third DCA in support of the State of Florida in the matter of Florida Department of Environmental Protection v. West, et al., 3D08-2819 (Lower Tribunal No. 95-20-165-CA-18). Board adopted the following Resolution inviting the City of Key West to adopt an Ordinance to include City in the Emergency Air Transport MSTU Boundaries set by Ordinance No. 030-2008. RESOLUTION NO. 505-2008 Said Resolution is incorporated herein by reference. Board adopted the following Resolution inviting the City of Marathon to adopt an Ordinance to include the City in the Emergency Air Transport (Trauma Star) MSTU Boundaries set by Ordinance No. 030-2008. RESOLUTION NO. 506-2008 Said Resolution is incorporated herein by reference. Board adopted the following Resolution inviting Key Colony Beach to adopt an Ordinance to include the City in the Emergency Air Transport (Trauma Star) MSTU Boundaries set by Ordinance No. 030-2008. RESOLUTION NO. 507-2008 Said Resolution is incorporated herein by reference. Board adopted the following Resolution inviting the City of Layton to adopt an Ordinance to include the City in the Emergency Air Transport (Trauma Star) MSTU Boundaries set by Ordinance No. 030-2008. 285 RESOLUTION NO. 508-2008 Said Resolution is incorporated herein by reference. Board adopted the following Resolution inviting the City of Islamorada to adopt an Ordinance to include the City in the Emergency Air Transport (Trauma Star) MSTU Boundaries set by Ordinance No. 030-2008. RESOLUTION NO. 509-2008 Said Resolution is incorporated herein by reference. Board adopted the following Resolution inviting the Key Largo Fire Rescue and Emergency Medical Services District to enter into an Interlocal Agreement for inclusion of District in the Emergency Air Transport MSTU Boundaries set by Ordinance No. 030- 2008, and initiating negotiations therefor. RESOLUTION NO. 510-2008 Said Resolution is incorporated herein by reference. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution authorizing the reduction of Impact Fees by 25% for the next 18 months and authorizing the Monroe County SHIP Administrator to apply for an administer a special award of down paYment assistance funds for Monroe County; and the County Administrator is authorized to take any further consistent action necessary to implement this Resolution; and providing for an effective date. RESOLUTION NO. 511-2008 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing the Monroe County SHIP Program Administrator to administer a special award of down paYment assistance funds for the City of Key West; and providing for an effective date. RESOLUTION NO. 512-2008 Said Resolution is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS The Board discussed a First Amendment to the Agreement between Monroe County and the firm Gunster, Yoakley and Stewart, P .A. for outside legal services which will add an additional timekeeper. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded 286 by Commissioner DiGennaro granting approval and authorizing execution of the item. Motion carried unanimously. The Board discussed waiving the County's purchasing policy and procedure and approving a Standard Form of Agreement between Monroe County and Perez Engineering and Development, Inc., to provide resident inspector services at the Key West International Airport construction proj ect. Peter Horton, Airports Director and Roman Gastesi, County Administrator 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. The Board discussed approval for the Mayor to execute a letter to explore partnering with the u.S. Navy/Navy Air Station Key West on the Gulf Seafood Working Waterfront project in order to work toward funding through the Navy's Encroachment Partnering Program. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item, as modified. Motion carried unanimously. STAFF REPORTS Airports - Peter Horton, Airports Director reported to the Board on the status of the following matters: construction project at the Key West Terminal; airport financial issues, commercial air service returning to the Florida Keys Marathon Airport beginning December 19, 2008; and the construction project located adjacent to the Florida Keys Marathon Airport. Budget & Finance - Tina Boan, Sr. Budget Director and Roman Gastesi, County Administrator briefed the Board on the amount of county revenue based on the State Revenue Estimating Conference held in November. Growth Management - Drew Trivette, Growth Management Director reported to the Board status of the Flagler Village project. The following individual addressed the Board: Diane Beruldsen. ENGINEERING Dave Koppel, County Engineer presented to the Board a report entitled Engineering Division Report, Monroe County Bridges, dated December 17, 2008. COMMISSIONERS' ITEMS Mayor Neugent discussed allowing Friday, December 26, 2008 as an additional holiday for county employees. The following individual addressed the Board: Diane Beruldson. After discussion, motion was made by Mayor Neugent and seconded by Commissioner Carruthers granting approval of the item. Roll call vote was taken with the following results: 287 Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington Yes Mayor Neugent Yes Motion carried. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator referred the Board to the written County Divisions' Monthly Activity Report for November, 2008 and discussed a change in the amount ofbio-diesel used in certain county vehicles. COMMISSIONERS' ITEMS Commissioner DiGennaro discussed his item concerning a Resolution affirming support for renegotiations with the Federal Emergency Management Agency regarding their pilot inspection program for downstairs enclosures. The following individuals addressed the Board: Philip McGann, Sheena Collum, and Diane Beruldsen. After discussion, motion was made by Commissioner DiGennaro and seconded by Mayor Neugent to adopt the following Resolution. Drew Trivette, Growth Management Director discussed the matter. Motion carried unanimously. RESOLUTION NO. 513-2008 Said Resolution is incorporated herein by reference. ENGINEERING Gary Donn, representing the Florida Department of Transportation presented to the Board the Florida Department of Transportation (FDOT) Tentative Five Year Work Program for Fiscal Years 2009-2010 through 2013-2014. The following individuals addressed the Board: Diane Beruldson and Ron Miller. No official action was taken. * * * * * FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Commissioner George Neugent, Commissioner Sylvia Murphy, Commissioner Mario DiGennaro and Chairman Clark Snow. Absent was Mayor Norman Anderson. Acting Fire Chief, James Callahan discussed the following agenda items: 288 After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval to issue a Purchase Order to Municipal Equipment Company, LLC, sole source stocking distributor of Lion Apparel's J anesville Brand of Turnouts in the State of Florida, in the amount of$37,378.00 for the purchase of 22 sets of personal protective ensembles. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval to rescind the Renewal Agreement which was approved at the October 15,2008 BOCC meeting as Item G-2 by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida and Physio- Control, Inc.; and granted approval of a Renewal Agreement by and between Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida and Physio- Control, Inc. formerly known as Medtronic Emergency Response Systems, Inc., for the preventative inspection and maintenance of biomedical equipment. Motion carried unanimously. There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I, was adjourned. * * * * * The Board of County Commissioners meeting reconvened with all commissioners present. COUNTY ATTORNEY The Board discussed direction to Staff concerning the Final Order from the Department of Community Affairs received December 12, 2008 determining that Ordinance 20-2008 is rejected. The appeal period is 21 days after publication in the Florida Administrative Weekly, which should be prior to the January 28, 2009 meeting. The following individuals addressed the Board: Hallet Douville, representing the Solar Community of No Name Key; Donald Craig, representing No Name Key Homeowner's Association; and Jim Newton, representing the No Name Key Property Owner's Association. After discussion, motion was made by Commissioner Murphy not to appeal the decision of the DCA. Furthermore, rescind Ordinance 20-2008 and not pursue a Comprehensive Plan Amendment at this time. Also, request the Florida Keys Aqueduct Authority evaluate, as soon as possible, the wastewater service possibilities for No Name Key to include all types of central service, as well as on-site systems and report back to the BOCC their recommendations. We as the BOCC will commit to amending the Land Development Regulations and the Comprehensive Plan to facilitate their recommendations. Suzanne Hutton, County Attorney requested a portion of Commissioner Murphy's motion be modified that instead of rescinding Ordinance 20- 2008, a Public Hearing be set for the purpose of rescinding Ordinance 20-2008. Commissioner Murphy accepted the modification to her motion. Chief Assistant County Attorney, Bob Shillinger discussed the matter. After further discussion, Commissioner Murphy withdrew her motion. Motion was then made by Commissioner Murphy and 289 seconded by Commissioner Wigington not to appeal the decision of the DCA. 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. The Board set a Public Hearing date of Thursday, January 29,2009 at the Marathon Government Center at 10:00 A.M. for the purpose of rescinding Ordinance 20- 2008. WASTEWATER ISSUES Dave Koppel, County Engineer informed the Board he plans to present at the January Board Meeting proposed funding alternatives for various options to fund wastewater facilities and the possibility of making modifications to the Capital Improvement Plan. Mr. Koppel also referred the Board to the written November 2008 Engineering Status Report concerning Wastewater Projects. J ames ReYnolds, Executive Director of the Florida Keys Aqueduct Authority discussed information concerning the neighbor meetings held at Sugarloaf and Big Pine Key concerning the Cudjoe Regional Wastewater System. CLOSED SESSION Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to continue the Attorney Client Closed Session in the matter of CA K 01-97, to the January 28,2009 Board meeting in Key West at 2:00 P.M. Motion carried unanimously. A Closed Executive Session was held. Suzanne Hutton, County Attorney read into the record the names of the individuals authorized to be present at the Closed Executive Session of the Board in the matter of Celeste Bruno v. Monroe County, 07- 10117CV. COUNTY ADMINISTRATOR The Board discussed an EmploYment Agreement and confirmation for Dr. Chad E. Brocato Sr., to serve as Monroe County Fire Chief. The following individuals addressed the Board: Diane Beruldson and Richard Vandervoort, representing the IAFF Local 3909. Acting Fire Chief, James Callahan also addressed the Board. After discussion, motion was made by Commissioner DiGennaro and seconded by 290 Commissioner Carruthers to hire Dr. Chad E. Brocato Sr., to serve as Monroe County Fire Chief. 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. PUBLIC HEARINGS A Public Hearing was held to consider a request for Administrative Relief for Judi's House Inc., on Parcel 7, White Heron Estates A Condominium, SugarloafKey, Real Estate Number 0172070.000700. Suzanne Hutton, County Attorney discussed the matter. The following public speaker addressed the Board: Mike Cunningham, Agent for Judy's House, Inc. Drew Trivette, Growth Management Director; and Mark Rosch, Executive Director of the Monroe County Land Authority discussed the matter. After discussion, motion was made by Commissioner Murphy to grant the allocation with the stipulation that the two (2) other vacant lots in the condominium have conservation easements running in favor of Monroe County. Motion died for lack of a second. Motion was then made by Commissioner DiGennaro and seconded by Commissioner Carruthers approving an allocation for the lot. 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 then made by Commissioner Murphy and seconded by Commissioner Carruthers to grant the allocation with the stipulation that the two (2) other vacant lots in the condominium have conservation easements running in favor of Monroe County. Motion carried unanimously. A Public Hearing was held to consider approval of a Resolution for Unanticipated Funds for a Budget Amendment for the Fiscal Year 2009 Key West International Airport Fund, #404. 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. 514-2008 Said Resolution is incorporated herein by reference. 291 COUNTY ADMINISTRATOR The Board discussed the 2009 appointments of Commissioners to various duties. Motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to eliminate the Criminal Justice Committee. Motion carried unanimously. The following Dormant Committees were eliminated: FEMA Task Force, Hurricane Preparedness Committee, and the Key West Airport Master Plan Study Group. The Board appointed Commissioner Carruthers to serve on the Monroe County Community Alliance. The Board eliminated the Round Table Committee. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington confirming the Fiscal Year 2009 Commissioners' Appointments as well as the documents entitled: 2009 Organization for Rotational Commissioner Attendance on the Library Advisory Board and the Older American Advisory Board; Various Other Appointments/Notes. Said documents are attached hereto for reference. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Mayor Neugent appointing Commissioner Wigington as the point person between the BOCC and the Navy with regards to Navy related issues. Motion carried unanimously. COUNTY ATTORNEY Suzanne Hutton, County Attorney requested approval to schedule an Attorney- Client Closed Session of the Board of County Commissioners in the matter of Monroe County v. Bender & Associates, CA K 03-915 for the regularly scheduled BOCC meeting to be held January 28, 2009. Ms. Hutton read into the record the names of the individuals authorized to be present at the closed session. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to hold an Attorney- Client Closed Session for the matter on January 28, 2009 in Key West at 2:20 P.M. Motion carried unanimously. Suzanne Hutton, County Attorney requested approval to schedule an Attorney- Client Closed Session of the Board of County Commissioners in the matter of Galleon Bay vs. Monroe County v. State of Florida, CAK-02-595, for the regularly scheduled BOCC meeting to be held January 28, 2009. Ms. Hutton read into the record the names of the individuals authorized to be present at the closed session. Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington to hold an Attorney-Client Closed Session for the matter on January 28,2009 in Key West at 2:40 P.M. Motion carried unanimously. 292 Bob Shillinger, Chief Assistant County Attorney discussed the status of the following litigation: Galleon Bay; Election contest matter - Vandenbrook; and Sandra Carter. The following individual addressed the Board: Diane Beruldson. PUBLIC HEARING A Public Hearing was held for approval of a Resolution electing to use the uniform method to collect non-ad valorem special assessments levied within the unincorporated area of the County; Stating a need for such levy; Providing for the mailing of this Resolution; and providing for an effective date. The Board accepted public input with the following individual addressing the Board: Beth Ramsay-Vickrey, representing No Name Key Property Owner's Association. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 515-2008 Said Resolution is incorporated herein by reference The following individuals addressed the Board: Joan Borel and Albert Sullivan, representing Last Stand; and Russ Draper. Bob Shillinger, Chief Assistant County Attorney presented a Settlement Proposal from Last Stand to resolve its challenge to the permit approved by the SFWMD for the Key West International Airport runway safety area proj ect AND request for approval of a special meeting for the scheduling of an Attorney-Client Closed Session of the BOCC in the matter of Protect Key West and the Florida Keys, Inc. d/b/a "Last Stand" v. South Florida Water Management District and Monroe County, Florida, DOAH Case No. 08-3823. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to follow Staff Recommendation and reject the Settlement Proposal. Motion carried unanimously. Mayor Neugent and the Board wished all a Happy Holiday Season. 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 Jh~Q.~ Isabel C. 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Et- S' B. w' (JQtt r:::r-- '" '< ~ ~ fJ :> -+ --- -t- (t> ~ ::J ~ -4... ~ t IS # ~~~e~:OL~SO-~l-7.~ g. <: z III t fi i Ei; ~ > 0 "I'l ~ a i i too' ~ ~ ci' a S to txl '" [ c t"I = a ~ :t?-~ !"~ M ~ i ~f ~ f 8e: g aQ!!l~CQ d I>> a ~'< ~g I ... i~ 1"'10 ~~ :z >PP"~ ~ li~~ a OR :.- e 1!i .a 0 :;: o ;r e -z :::1'< ~2. I a 0 ~ ~ "'l")S ~i~ .." t; ~3i ~;~ '3l ..-= ~li2~ e C')... ~i~ ~~s /";0(.1 tJrii)lO "Cl a ~...."" ..,e!t: ~~m ~~j (I.l ;l:l ('l ~~g "'~i S~o eeA; ",,:::a r3,.;!: ;:::j~~ ~I ~~5 Q ~ (,tlfll; f~ a-' .-& r;1 a g ::r :.- 11 s: 0 2 !!- t;/) g :T ;;. to It # ~jAjIJiB~ :O~ ~eo-'u-~~ 12-22-08;10:18AM; VARIOUS OTHER APPOINTMENTSlNOTES Rural Health Network Commissioner Murphy was appointed 12117/08. Terms have no expiration dates. Industrial DeveloDmcnt Authority Chairperson - George Neugent Vice-Cbairperson -Sylvia Murphy Secretary - Heather Carruthers NEED REAPPOINTMENTS. · COMMISSIONER DIGENNARO as the pOint pcISOD between the Board of County Commissioners and Representative Saunders for one year. · COMMISSIONER. MURPHY to represent the Board on issues concerning highway safety and beautification, inclw:ting the 18 Mile Stretch of U.S. 1 and to be our State and Federal governmart liaison on these issues. . COMMISSIONER DIGENNARO to serve with the Florida Commission on Veterans Affairs. . COMMISSIONER WIGINGTON to be the Boan:l"$liaisou (point petSQn) for wastewater issues. . COMMISSIONER DIGENNARO to be the Board's liaison with Senator Bullard. . COMMISSIONER CARRUTHERS to serve on the Combined Structural and Oper.ating Plan (CSOP) Advisory Team of the South Florida Ecosystem Restoration Task Force regarding Everglades restoration issues. . COMMISSIONER MURPHY to serve as a representative on a working group 10 address burritane cvatllation in the Florida Kcy&. · COMMISSIONER MURPHY to be the Board's liaison to the Affordable Housing Advisory Committee . COMMISSIONER WIGINGTON as the point person between the Board of County Commissioners and the Navy with regards to Navy related issues. # 1/ 4 12-22-0S;11:53AM; # 1/ 1 2009 ORGANIZATION FOR ROTATIONAL CO:MM1SSIONER ATTENDANCE: 1. Library Advisory Board January February March April May June July August September October November December - Murphy - Catruthers - Di Gennaro .. Murphy - Wigington · Di Gennaro .. Murphy - Wigington - Di Gennaro - Neugent - Camtthers - Murphy (If].7 - Key Largo Library) (2fl4 - Big Pine Key LIbrary) (3/24 - Marathon EOC) (4128 - Islamorda Library) (5/26 - Key West Libraty) (6123 - Marathon Library) (7/28 ~ Key Largo LIorary) (&/lS - Big Pine Library) (9/22 - Islamorda Library) (10/27 - Marathon Libraty) (11/24 - Key West Libraty) (12/22 - Key Largo Library) * At the December 18, 1996 BOCC meeting, the Board requested to assign each Commissioner to the meeting area nearest them. All meetings begin at 10:30 AM. 2. Older American Advisory Board January Febroary March April May June July August September October November December - Wigington - Murphy - Neugent - Di Gennaro - Carruthers - Wigington - OAAB Vacation (each year) - OAAB Vacation (each year) - OAAB Vacation (each year) .. Murphy - Neugent .. Di Gennaro iii All meetings are held at the Marathon Libraty starting at 10:00 A.M.