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02/27/2009 Special 43 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Meeting Board of County Commissioners Friday, February 27,2009 Marathon, Florida ..A. Special Meeting of the Monroe County Board of County Commissioners convened at 10:00 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; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS l'v10tion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. MONROE COUNTY HEALTH DEPARTMENT l\lotion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval and authorizing execution of Lease Amendment #1 between Monroe County and MW & IC LLC for property located at 3134 Northside Drive. Motion carried unanimously. AIRPORT N[otion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval and authorizing execution of Federal Aviation Administration Grant Agreement, Project Number 3-12-0044-026-2009 to fund Terminal Construction Bond RepaYment (Principal Only) and runway (RWY) 9/27 Obstruction Clearing Project at the Key West International Airport. Motion carried unanimously. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval and authorizing execution of Federal Aviation Administration Grant Agreement, Project Number 3-12-0037-2009 to fund Instrument Marking, Runway (RWY) 25 Project at the Florida Keys Marathon Airport. Motion carried unanimously. 44 COUNTY ATTORNEY Suzanne Hutton, County Attorney discussed a request to schedule a closed executive session of the Board of County Commissioners in the matter of Roy's Trailer Park, Inc. v. Monroe County, CA K 07-1505 during its regular meeting scheduled for March 18, 2009. Ms. Hutton read into the record the names of the individuals authorized to be present in the executive session. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers granting approval to hold the closed executive session for the above matter on Wednesday, March 18,2009 at 2:30 P.M. in the Marathon Government Center. Motion carried unanimously. GROWTH MANAGEMENT Consideration of public comment on a counter settlement proposal to resolve the outstanding issues associated with Comprehensive Plan Amendment package 08-01 (working waterfront amendments) with direction to the Growth Management Division and the County Attorney's Office. Drew Trivette, Growth Management Director discussed the matter. The following individuals addressed the Board: Ron Demes, representing Naval Air Station, Key West; Bruce Popham, Sherry Popham, Ron Miller, Kay Thacker, Fred Nickerson, Owen Trepanier, representing NSIP; Peter Bacle, and Attorney Jerry Coleman, representing Robbie's Marina. COORDINATION & FUNDING OF WASTEWATER AND OTHER INFRASTRUCTURE PROJECTS IN THE FLORIDA KEYS COUNTY ADMINISTRATOR Roman Gastesi, County Administrator discussed ongoing efforts in obtaining federal stimulus funding. Suzanne Hutton, County Attorney discussed the Interlocal Agreement between Monroe County and Florida Keys Aqueduct Authority to share the costs of Federal and State lobbyist services. Ms. Hutton indicated that the FKAA certain changes to the ILA. Comments from Municipal and Special District Officials. The following individuals addressed the Board: Jim Scholl, Key West City Manager; Jim ReYnolds, Executive Director of the Florida Keys Aqueduct Authority; Clyde Burnett, Marathon City Manager; Cathi Hill, Mayor - Islamorada, Village of Islands; and Charles Fishburn, General J\1anager of the Key Largo Wastewater District. ~[otion was made by Commissioner Murphy and seconded by Commissioner DiGennaro that Monroe County and the Florida Keys Aqueduct Authority split the costs on the Agreement between Monroe County and Tew Cardenas LLP., for federal lobbYist services. Suzanne Hutton, County Attorney discussed the matter. After further discussion, the above motion was withdrawn. Motion was then made by Commissioner 45 Murphy and seconded by Commissioner DiGennaro to approve the LobbYing Cost Sharing Agreement with the Florida Keys Aqueduct Authority to share the costs of Federal and State LobbYist services, with the following changes: Jl. TERM. Add the following words at the end of the sentence: or pursuant to the provisions in Section 11 below. 2. OBLIGATIONS OF PARTIES. MONROE COUNTY shall contract with the firms of Ronald L. Book, P-:A-;- Tew Cardenas LLP, Floridian Partners, LLC, and QuantlIDl Results, Inc. ("Firms") at an amount not to exceed $60,000 each year for the purpose of lobbYing the State to issue Everglades Restoration bonds and appropriate the maximum amount each year for wastewater projects and other infrastructure needs in the Florida Keys and to lobby federal officials to appropriate as they much money as they can secure for wastewater projects and other infrastructure needs in the Florida Keys. The COUNTY shall also enter into mirror funding agreements with the other governmental agencies having responsibility for wastewater collection and treatment in the Florida Keys. FKAA shall pay to County the sum of$3,300 $2.500 per month toward the contract fees paid under the agreement with Monroe County, upon receipt of invoice, and for no longer than one year. 11. TERMINATION. Add the following sentence at the end of the paragraph: Further, either party may terminate this agreement without cause upon giving the other party prior written notice of 30 days prior to the termination. The above motion also included the approval to execute the Agreement between Monroe County and Tew Cardenas, LLP for state and federal lobbYist services. Motion carried unanimously. The Board tabled the following Interlocal Agreements: Interlocal Agreement between Monroe County and Islamorada, Village of Islands to share the costs of Federal and State lobbYist services. Interlocal Agreement between Monroe County and City of Key West to share the costs of Federal and State lobbYist services. Interlocal Agreement between Monroe County and City of Marathon to share the costs of Federal and State lobbYist services. Interlocal Agreement between Monroe County and Key Largo Wastewater Treatment District to share the costs of Federal and State lobbYist services. Interlocal Agreement between Monroe County and Ronald L. Book, for state lobbyist services. 46 lnterlocal Agreement between Monroe County and Floridian Partners LLC., for state & federal lobbYist services. Interlocal agreement between Monroe County and Quantum Results, Inc., for state & federal lobbYist services. rv1ichael Collins, representing the South Florida Water Management District Governing Board and Roman Gastesi, County Administrator addressed the Board. COUNTY ATTORNEY Suzanne Hutton, County Attorney discussed the February 13,2009 LobbYist Summit and review of minutes of that meeting. No official action was taken. GROWTH MANAGEMENT The Board returned to agenda item E 1 - Consideration of public comment on a counter settlement proposal to resolve the outstanding issues associated with Comprehensive Plan Amendment package 08-01 (working waterfront amendments) with direction to the Growth Management Division and the County Attorney's Office. Drew Trivette, Growth Management Director disseminated to the Board a memorandum dated February 27,2009 regarding working waterfront questions. The intent of the memorandum is to request clear direction regarding the BOCC position on the written questions. (Said document is incorporated herein by reference). The following individuals addressed the Board: Owen Trepanier, representing NSIP and Gail Kenson, representing Naval Air Station K"ey West. MISCELLANEOUS l\tlayor Neugent requested the County Attorney discuss at a BOCC meeting information concerning the Sunshine Law. 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 ~~Q.~ Isabel C. DeSantis, Deputy Clerk