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03/18/2009 Regular 47 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 18,2009 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; Isabel C. DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public. Roman Gastesi, County Administrator arrived later in the meeting. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of the Employee Service Award for the month of December 2008, to Kenneth Lohlein, Senior Maintenance Technician, Florida Keys Marathon Airport. Presentation of Mayor's Proclamation declaring the month of March 2009 as American Red Cross Month. BULK APPROVALS Motion was made by Mayor Neugent and seconded by Commissioner Carruthers granting approval of the following items by unanimous consent: Board granted approval for Class Act Cleaning to provide janitorial service for the new Terminal Building at the Key West International Airport on a month to month basis, commencing February 13, 2009, pending a contract amendment for additional services. Board granted approval of award of bid to Tri- Tech Construction & Design, Inc. for the Runway Obstruction Clearing Project at the Key West Airport, and authorized execution of same. 48 Board granted approval for Gardens of Eden to provide landscape maintenance services on a month to month basis for the Key West Airport, pending an extension agreement. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Raytheon Technical Services Company, LLC for office and storage space at the Key West International Airport. Board granted approval of Deductive Change Order #1 for the Morganti Group contract, for the new terminal building and renovation project at the Key West International Airport. Board granted approval of the monthly report on change orders reviewed by the County Administrator's Office. Board granted approval and authorized execution of a Second Amendment to Contract for Consulting Services for Americans With Disabilities Act (ADA) Compliance Assessments for County Facilities and Roads between Monroe County and MBI/K2M Architecture, Inc. Board granted approval and authorized execution of a Monroe County Art in Public Places Award Agreement between Monroe County and Constance J. Groth d/b/a Key West Photos, for artwork at the Key West International Airport. Board adopted the following Resolution authorizing execution of an Emergency Local Government Emergency Relief Reimbursement Agreement, CFDA No: 20.205 between Monroe County and the Florida Department of Transportation (FDOT) for funding for emergency relief for expenses incurred on federal aid roads during Tropical Storm Fay. RESOLUTION NO. 066-2009 Said Resolution is incorporated herein by reference. Board adopted the following various Resolutions for the transfer of funds and receipt of unanticipated funds: Amending Resolution No. 034-2009 (OMB Schedule Item No.1). RESOLUTION NO. 067-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 068-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.3). RESOLUTION NO. 069-2009 Said Resolution is incorporated herein by reference. 49 Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 070-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 071-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.6). RESOLUTION NO. 072-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 073-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 074-2009 Said Resolution is incorporated herein by reference. Amending Resolution No. 494-2008 (OMB Schedule Item No.9). RESOLUTION NO. 075-2009 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.1 0). RESOLUTION NO. 076-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 077-2009 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 078-2009 Said Resolution is incorporated herein by reference. Board granted approval of award of bid and authorized execution of a Contract between Monroe County and Hi-Lite Markings, Inc. for the Runway 7-25 Pavement Marking Project at the Florida Keys Marathon Airport, in the total amount of$39,507.50. Board granted approval and authorized execution of the Home and Community Based Services Assisted Living for the Frail Elderly (ALE) Medicaid Waiver Case Management Referral Agreement between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County 50 Commissioners (Monroe County In-Home Services Program for Fiscal Year March, 2009 through June, 2010. Board granted approval and authorized execution of an Amendment to Extend Agreement - Monroe County Nutrition Program between Monroe County and G.A. Food Service, Inc. for a period not to exceed 60 days. Board granted approval and authorized execution of a Homeless Safe Zone Interlocal Agreement between Monroe County and the City of Key West for the term of March 22, 2009 through March 21, 2014. Board granted approval for the direct purchase of one Carrier 80-ton High Efficiency Air Cooled Chiller with coastal coatings to service the second floor of the Juvenile Justice Center on Stock Island. Board granted approval to award bid and authorized execution of a Contract between Monroe County and Master Mechanical Services, Inc. for central air conditioning maintenance and repair for Upper Keys facilities. Board granted approval and authorized execution of an Amendment to Franchise Agreement between Monroe County and Mid-Keys Waste, Inc. to allow the Franchise to collect residential vegetative waste at the same time that residential solid waste is collected. Board granted approval and authorized execution of an Amendment and 2nd Renewal Agreement - Diesel Fuel and Unleaded Gasoline Supplier between Monroe County and Dion Oil Company for delivery of ultra low sulfur dyed diesel fuel and unleaded gasoline for the second and final one-year renewal period. Board granted approval of termination of Joint Participation Agreement A0620 between Monroe County and the State of Florida Department of Transportation for stormwater improvements on State Road 5/US 1 from Rockland to Shark Key, North Harris to Park Channel, and Bow to Kemp Channel. These improvements have been incorporated into one or more larger-scale FDOT projects that overlap the same location and general time frame, rather than being completed as separate projects. Board granted approval and authorized execution of Amendment 002 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 July 1, 2008 to June 30, 2009. Board granted approval and authorized execution of Amendment 003 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 51 Monroe County Board of County Commissioners (Social Services/In- Home Services) for Fiscal July 1, 2008 to June 30, 2009 TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution transferring DAC IV Event Resources and DAC IV New Event Resources into DAC IV Advertising Resources. RESOLUTION NO. 079-2009 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and the City of Key West to revise the termination date of Agreement for the White Street Pier Rip Rap Installation Project. Board granted approval and authorized execution of an Amendment to Agreement between Islamorada Restaurant, LLC to revise Exhibit C revising date of event for the Island Grill Charity Dolphin Tournament to June 19-20,2009. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Lower Keys Chamber of Commerce, Inc. to revise name and date of event from the Lower Keys Music Festival on March 28,2009 to the Lower Keys Reggae Fest on April 5, 2009. Board granted approval and authorized execution of an Agreement between Monroe County and Upper Keys Rotary Foundation, Inc. covering the 2nd Annual Upper Keys Rotary Foundation, Inc. covering the 2nd Annual Upper Keys Rotary Wine Symposium: Wine on the Water on November 15-16,2009 in an amount not to exceed $15,000, DAC IV, FY 2009 New Event Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Key West Botanical Garden Society, Inc. to revise Exhibit C - Schedule of Events for the Key West Tropical Forest & Botanical Garden Seasonal Calendar of Events. Board adopted the following Resolution transferring DAC V Event Resources into DAC V Advertising Resources. RESOLUTION NO. 080-2009 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Agreement between Monroe County and Miami Swordfish Tournament, LLC covering the Islamorada Swordfish Tournament on August 28-30, 2009 in an amount not to exceed $30,300, DAC I, FY 2009 Event Resources. 52 DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of Amendment No.1 to Lease 4549 between Monroe County and the State of Florida for the management of certain state-owned conservation lands. Board granted approval and authorized execution of a 99 year Lease between Monroe County and Habitat for Humanity of the Middle Keys Community Land Trust, Inc. for property on 75th Street in Marathon, legally described as Lot 2, Block 2 Paraiso Estates RE# 00343090-000000. Board granted approval and authorized execution of a 99 year Lease between Monroe County and Habitat for Humanity of the Middle Keys Community Land Trust, Inc. for property on Bonito Drive in Marathon, legally described as Lot 10 Block H, part C of the Master Plat of North Marathon Shores recorded in plat book 3, page 30 of the public records of Monroe County, Florida RE# 00330210-000000. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the Florida Keys Aqueduct Authority (FKAA) for coordination and cooperation regarding water supply, re-use and alternate water supplies. Board adopted the following Resolution of the Monroe County Board of County Commissioners requesting the Florida Legislature bond an additional fifty million dollars ($50,000,000.00) of Save Our Everglades Trust Fund monies to be appropriated this Fiscal Year and in each of the following three Fiscal Years toward the Florida Keys Area of Critical State Concern protection program to restore and conserve natural systems through the implementation of wastewater management projects. RESOLUTION NO. 081-2009 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of the nomination of Mr. Peter Rosasco to the Sheriff's Shared Asset Forfeiture Fund Board (SAFF). Board granted approval of the request for Expenditures from the Law Enforcement Trust Fund, as follows: $2,500, Monroe County Bar Association to help offset the travel expense of Law Day for Monroe County children to visit the courthouses and participate in the Law Day activities, such as mock trials and the Child ID Program. Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and the Monroe County Sheriff's Office to apply for reimbursement of funds from the USAI FY 2007 Grant/Homeland Security Office of 53 Domestic Preparedness with the City of Miami. The $168,499.00 from the grant will be used to purchase equipment approved by the granting agency. COMMISSIONERS' ITEMS Board adopted the following Resolution revising the Monroe County Administrative Policies and Procedures regarding a "4-Day Rule" for agenda add-ons. RESOLUTION NO. 082-2009 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Wigington's appointment of Mary Rice to the Affordable Housing Advisory Committee, with a term expiring March 18, 2012. Board granted approval of Commissioner Wigington's appointment of Denise Werling to the Affordable Housing Advisory Committee, with a term expiring March 18, 2012. Board granted approval of Commissioner Wigington's appointment of Karen Riggs to the Library Advisory Board, with a term expiring March 18,2013. Board granted approval of Commissioner Wigington's appointment of Jose Hernandez to the Key West Airport Ad-Hoc Committee on Noise, for the duration of the committee. Board granted approval of Commissioner Carruthers' appointment of John Wilkins as BOCC District 3 appointment to the Florida Keys Council for People with Disabilities. Board granted approval of Commissioner Carruthers' appointment of Ken Naylor as the "Affordable Housing for-profit" representative to the Monroe County Affordable Housing Advisory Committee (AHAC). Board granted approval of Mayor Neugent's appointment of Bruce Ferraro to the Affordable Housing Advisory Committee as the appointment representing affordable housing advocate for low-income persons, expiring November 2010. Board granted approval of Mayor Neugent's appointment of Randy Wall to the Affordable Housing Advisory Committee as Mayor's appointment representing the local planning agency, expiring November 2010. Board granted approval of Mayor Neugent's appointment of John Repetto to the Community Development Block Grant (CDBG) Citizens Advisory Task Force, for a four year term. 54 Board granted approval of Commissioner DiGennaro's appointment of Morgan Hill to the Monroe County Affordable Housing Advisory Committee to fill specified District 4 category of "real estate professional". Board granted approval of Commissioner Murphy's appointment of Ron Miller and Jerry Gaddis to the Affordable Housing Advisory Committee, with term expiring November, 2012 (with the term of Commissioner Murphy). Board granted approval of Mayor Neugent's appointment of Bill Daniels, Jr. to the Affordable Housing Advisory Committee as the appointment representing the areas of labor engaged in home-building, with a term expiring November 2010. Board granted approval of Commissioner Carruthers' appointment of Cecil Bain as the affordable housing not-for-profit developer to the Monroe County Affordable Housing Advisory Committee (AHAC). Mr. Bain is employed by the Florida Keys Outreach Coalition. Board adopted the following Resolution extending Resolution No. 047-2008 reserving and setting aside affordable RaGa Allocations. RESOLUTION NO. 083-2009 Said Resolution is incorporated herein by reference. COUNTY CLERK Board granted official approval of the BOCC meeting minutes from the meetings of January 26, 2009 and January 28, 2009 (previously distributed). Board granted approval of the following Warrants (104176-104240 & 537493- 538385): Fine & Forfeiture Fund (101), in the amount of$1,445,535.78; TDC District Two Penny (115), in the amount of $3,148,624.44; TDC Admin. & Promo 2 Cent (116), in the amount of$332,641.22; TDC District 1,3 Cent (117), in the amount of $244,302.50; TDC District 2,3 Cent (118), in the amount of$767,384.40; TDC District 3,3 Cent (119), in the amount of$219,071.98; TDC District 4,3 Cent (120), in the amount of$4,423.05; TDC District 5,3 Cent (121), in the amount of$14,986.92; Gov. Fund Type Grants (125), in the amount of $51 ,294.06; Impact Fees Roadways (130), in the amount of$110,900.36; Impact Fees Parks & Rec (131), in the amount of $134,817.74; Uninc Svc Dist Parks & Rec (147), in the amount of$147,149.92; Plan, Build, Zoning (148), in the amount of $254.31; Municipal Policing (149), in the amount of$71,192.13; 911 Enhancement Fee (150), in the amount of $40,462.39; Duck Key Security (152), in the amount of $466,070.30; Boating Improvement Fund (157), in the amount of$3,968.00; Misc. Special Revenue Fund (158), in the amount of$14,293.55; Environmental Restoration (160), in the amount of$14,314.04; Law Enforcement Trust (162), in the amount of $1 7,412.12; Court Facilities Fees-602 (163), in the amount of$654.65; Drug Abuse Trust (164), in the amount of$53,541.07; Marathon Municipal Service (166), in the amount of$181.00; Stock Island Wastewater (171), in 55 the amount of$4,754.61; Cudjoe-SugarloafMSTU (172), in the amount of$6.25; Conch Key MSTU (174), in the amount of $8,400.00; Long Key, Layton MSTU, in the amount of$409.83; 2003 Revenue Bonds (207), in the amount of$3,696.00; 1 Cent Infra Surtax (304), in the amount of$7,138.40; Clerks Rev Note, Capital (306), in the amount of$255.00; 2003 Revenue Bonds (307), in the amount of$1,025,068.64; Big Coppitt Wastewater Pr (310), in the amount of$76,388.05; Duck Key Wastewater (311), in the amount of$842,885.50; Card Sound Bridge (401), in the amount of $5,931,706.26; Key West IntI. Airport (404), in the amount of$14,563.78; KW AlP Series 2006 Bonds (405), in the amount of$33,367.23; MSD Solid Waste (414), in the amount of $723,232.12; Worker's Compensation (501), in the amount of $1,860,879.91; Group Insurance Fund (502), in the amount of$1,134,598.39; Risk Management Fund (503), in the amount of $30,862.36; Fleet Management Fund (504), in the amount of$112,777.26; Law Enforcement Trust Fund (600), in the amount of$119,044.55; Court Facilities Fees (602), in the amount of$89,996.53; Fire&EMS LOSAP Trust Fund (610), in the amount of$1,200.00. Board granted approval of the following Tourist Development Council Expenditures for the month of February, 2009: Advertising, in the amount of $868,895.16; Bricks & MortarProjects/Interlocals, in the amount of$31,666.67; Visitor Information Services, in the amount of$65,194.00; Events, in the amount of $151,335.40; Office Supplies & Operating Costs, in the amount of $48,460.48; Personal Services, in the amount of$136,118.39; Public Relations, in the amount of$18,579.72; Sales & Marketing, in the amount of$61,363.81; Telephone & Utilities, in the amount of $14,602.68; Travel, in the amount of $16,946.52. 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 adopted the following Resolution authorizing the temporary closing of the Northbound Lanes of US 1 from mile marker 98.2 to mile marker 100 from 10:00 a.m. to 11 :30 a.m. for the annual 4th of July Parade sponsored by the Reporter Newspaper. RESOLUTION NO. 084-2009 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to A,greement between Monroe County and Tew Cardenas LLP, which was approved on February 27, 2009. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and Islamorada, Village of Islands to share the costs of federal and state lobbyist services to advocate for funding on the subject of wastewater and other infrastructure proj ects in the Florida Keys. 56 COUNTY ATTORNEY Board granted approval to advertise a Public Hearing to consider approval of an Ordinance amending Section 2-1 79( c), Monroe County Code, allowing an exception to the prohibition against staff attorneys performing outside legal services in very limited circumstances - for family members when there is no conflict with job duties, on a case- by-case basis upon specific approval by BOCC. Board granted approval and authorized execution of the Eighth Amendment to Settlement Agreement in Richard M Osborne & Conch Contrada, LC v. Monroe County & Joe Paskalik, CA K 01-108. Board granted approval to advertise and hold a Public Hearing to consider adoption of a County Ordinance amending Section 23-85( c) of the Monroe County Code to include yearly rentals and all residential rentals regardless of form of ownership. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed the following two items: Commissioner DiGennaro's item regarding possible sale of the Gato Building and the Marathon Government Center; direction to staff to research issues, including relocation of County Offices and associated costs. Commissioner Carruthers' item concerning direction, and possible action regarding the use of Monroe County owned Gato Building (1100 Simonton Street, Key West). Suzanne Hutton, County Attorney discussed the matter. The following individual addressed the Board: Jackie Harder, representing the Key Largo Chamber of Commerce. The items were referred to staff to obtain further information and report back to the Board. MISCELLANEOUS BULK APPROVALS The Board discussed a Contract between Monroe County and Pigeon Key Preservation Foundation, Inc. to provide $40,000.00 to the Foundation for the development, coordination and promotion of historic preservation in Monroe County. Tina Boan, Senior Budget 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. The Board discussed approval to negotiate a Lease Agreement for a parcel at the Florida Keys Marathon Airport on which to build aircraft hangars, if developable, at 57 existing rates and charges with current airport tenant David P. Rice. Peter Horton, Director of Airports 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 allow local artist Rick Worth and students to repaint seascapes on the Higgs Beach picnic shelters, restrooms and the two pavilions, and approval to waive any fees required for use of county property. 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 accept the insurance proposal from Lexington Insurance Company to restore the ramp at the KWIA back to the pre-loss condition. Pedro Mercado, Assistant County Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of staff recommendation that the proposal of$161,060.13 from Lexington Insurance Company, less the $50,000 deductible to be assumed by Morganti less the $100,000 advance payment already made by the insurance company be approved. Motion carried unanimously. DIVISION OF GROWTH MANAGEMENT The Board discussed the extension of a Lease Agreement, Development Agreement, Development Order, and renewal of building permits for the project known as Flagler Village in Stock Island. Suzanne Hutton, County Attorney and Drew Trivette, Growth Management Director discussed the matter. The following individuals addressed the Board: Diane Beruldson, and Timothy Koenig, Esq. representing the applicant. After discussion, the Board requested the County Attorney and Mr. Koenig reach some kind of agreement and bring back to the Board for consideration in April, 2009. COMMISSIONERS' ITEMS The Board discussed Commissioner Wigington's item concerning a Resolution to the command of the Naval Air Station Key West at Boca Chica to cease and desist the flying of F A-18 Generation Aircraft. The following individuals addressed the Board: Ron Deans, representing the Naval Air Station - Key West; and Diane Beruldson. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro to adopt the following Resolution with the proviso that a meeting take place in the within the next 14 days to discuss this item further. Roll call vote was unanimous. RESOLUTION NO. 085-2009 Said Resolution is incorporated herein by reference. 58 STAFF REPORTS Emergency Services - Roman Gastesi, County Administrator advised the Board that the report - Cuba Plan (mass migration) is being updated. COMMISSIONERS' ITEMS The Board discussed Commissioner DiGennaro's item concerning the establishment of a local contractor preference policy for subcontractor utilization on County projects by the primary contractor, and instruction to staff to draft an Ordinance for public hearing. The following individuals addressed the Board: Jackie Harder, representing the Key Largo Chamber of Commerce; and Rudy Krause. The item was referred to staff to obtain further information and report back to the Board for consideration. ENGINEERING The Board discussed the appeal of a denial for an after the fact right of way permit application to install additional 70' X 14' of brick pavers along the right of way for property located at 17183 Coral Drive, Sugarloaf Shores. Suzanne Hutton, County Attorney discussed the matter. The Clerk of Courts swore in the following individuals who testified during the hearing. Robert Cintron, Esq., representing the property owner; Judy Clarke, P.E. Director of Engineering Services; James S. Haskell, and Owen Trepanier. The County Attorney and Robert Cintron questioned Ms. Clarke. Following cross-examination, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to deny the appeal. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro No Commissioner Murphy Yes Commissioner Wigington Yes Mayor Neugent No Motion carried. The Board held a discussion of interest in pursuing private financing of new County buildings specifically, as a possible mechanism for funding construction of a new Emergency Operation Center (EOC). The following individual addressed the Board: Jackie Harder, representing Key Largo Chamber of Commerce. James Callahan, Monroe County Fire Chief; Kevin Wilson, Project Manager; Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk of Courts; and Roman Gastesi, County Administrator discussed the matter. The item was referred to staff to meet with the County's bond counsel and financial consultants and report back to the Board for consideration. 59 COMMISSIONERS' ITEMS The Board discussed Commissioner Wigington's item concerning a Resolution opposing House Bill 1121 and Senate Bill 2108 that have been filed for the 2009 Legislative Session in Tallahassee eliminating the position of our elected Clerk of Court and Clerk of Court's vital part of our system of checks and balances on the Court System. The following individual addressed the Board: Jackie Harder, representing Key Largo Chamber of Commerce. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 086-2009 Said Resolution is incorporated herein by reference. The Board discussed Mayor Neugent's item concerning an endorsement of an act relating to areas of critical state concern; amending s 380.0552, F.S.; providing additional legislative intent; providing requirements, procedures, and criteria for Administration Commission removal of designation of the Florida Keys Area as an area of critical sate concern; providing or removal of the designation under certain circumstances; removing provision for judicial review of Administration Commission determinations; requiring review of proposed comprehensive plans and amendments to existing plans after removal of designation and providing an effective date. Drew Trivette, Growth Management Director discussed the matter and requested that the item be postponed. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to table the item. Motion carried unanimously. The Board discussed Mayor Neugent's item concerning a Resolution in opposition of Florida Senate Bill 360 Committee substitute - an act related to Growth Management, and other legislative proposals that weaken Growth Management; providing an effective date. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 087-2009 Said Resolution is incorporated herein by reference. The Board discussed Commissioner DiGennaro's item concerning an endorsement of a proposal for revising the existing flood insurance inspection program currently underway within Monroe County, with direction for Growth Management Division to pursue a meeting with the Federal Emergency Management Agency (FEMA) administration in Atlanta. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. Commissioner Wigington excused herself from the meeting. 60 COUNTY ATTORNEY The Board discussed a request by property owner Deutsche Bank USA or its agent for mitigation of fines in Code Enforcement Cases CE07050202 and CE07020119. Commissioner Wigington excused herself from the meeting. The following individual addressed the Board: Kristin Brennan, representing Deutsche Bank USA. Suzanne Hutton, County Attorney discussed the matter. Mayor Neugent excused himself from the meeting. After discussion, motion was made by Mayor Pro Tern Murphy and seconded by Commissioner Carruthers to settle the matter in the amount of$75,000. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro No Mayor Pro Tern Murphy Yes Motion carried with Mayor Neugent and Commissioner Wigington not present. Drew Trivette, Growth Management Director discussed the matter. Commissioner Wigington and Mayor Neugent returned to the meeting and took their seats. WASTEWATER ISSUES Elizabeth Wood, Sr. Administrator - Sewer Projects discussed the written document entitled Wastewater Projects - February 2009 Status Report - March 18,2009. In addition, Ms. Wood informed the Board that the Big Coppitt project is nearing completion and that the Florida Keys Aqueduct Authority is holding a wastewater connection coordination meeting on Saturday, March 20, 2009 at Prado Circle Park. Ms. Wood also discussed the environmental excerpt concerning Duck Key which was sent to the Florida Department of Environmental Protection. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval to negotiate a fee and scope for development of the Cudjoe Regional Non-ad Valorem Wastewater Assessment and Annual Services contract with highest ranked firm- Government Services Group, Inc., (GSG). Motion carried unanimously. Tina Boan - Sr. Budget Director made a power-point presentation concerning the Cudjoe-Regional System & Duck Key Wastewater Funding Discussion. Said document is incorporated herein by reference. J ames Callahan, Fire Chief addressed the Board. After discussion, the board agreed that the proposed Public Works facility project on Rockland Key be delayed and that the funds be shifted to wastewater projects. -* lIiYISION. 61 A presentation was made by Joan Young, Vice President - Business Development; and Wesley L. Self, P.E., Vice President of IntegraWater concerning county wide Wastewater Treatment Services. James Reynolds, Executive Director of the Florida Keys Aqueduct Authority addressed the Board. Roman Gastesi, County Administrator discussed the matter. No official action was taken. STAFF REPORTS Airports - Peter Horton, Airports Director informed the Board that the new Key West International airport terminal opened on February 25,2009. Mr. Horton also discussed federal stimulus funding for airports and that to date, $10 million dollars of the $30 million dollar bond borrowed in June 2006 has been paid back for airport capital improvement projects. MARATHON AIRPORT A power-point presentation was made by Daniel A. Wolf, President of Cape Air and Andrew W. Bonney, Vice President of Planning regarding the status of scheduled air service at Florida Keys Marathon Airport. CLOSED SESSION A closed executive session of the Board was held in the matter of Roy's Trailer Park, Inc. v. Monroe County, case number CA K 07-1505. Suzanne Hutton, County Attorney announced the names of the individuals authorized to be present pursuant to F.S. 286.011(8). Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, Assistant County Attorney Susan Grimsley, Assistant County Attorney Cynthia Hall, Assistant County Attorney Lisa Granger and a certified court reporter. PUBLIC HEARINGS A Public Hearing was held to consider adoption of an Ordinance amending Section 23-197(A) and 23-200 (A) and (B) of the Monroe County Code. The Board accepted public input with the following individual addressing the Board: Jackie Harder, representing the Key Largo Chamber of Commerce. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously. * ORDINANCE NO. 004-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance to impose a five- cent local option motor fuel ("gas") tax; to clarify the statutory authority for the existing 62 six-cent "gas" tax, and to revise the distribution language for the existing "gas" tax since municipalities have incorporated since the prior Ordinance was enacted. Suzanne Hutton, County Attorney discussed the matter. The Board accepted public input with the following individual addressing the Board: Diane Beruldsen. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington that after September 30, 2009 the county not share with the municipalities the constitutional gas tax. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro No Commissioner Murphy Yes Commissioner Wigington Yes Mayor Neugent Yes Motion carried. Motion was made by Commissioner DiGennaro and seconded by Mayor Neugent to continue the above Public Hearing to the May regular meeting of the Board at 3: 00 PM in Key Largo. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance to impose a ninth-cent local option motor and special fuel ("gas") tax. There was no public input. Motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to continue the Public Hearing to the May regular meeting of the Board at 3:00 PM in Key Largo. Motion carried unanimously. A Public Hearing was held to consider the Issuance of a Certificate of Public Convenience and Necessity (COPCN) to American Ambulance Service, Inc. for the operation of an ALS transport ambulance service for the period March 18, 2009 through March 17,2011. The Board accepted public input with the following individuals addressing the Board: Steve Simonaitis, representing Key West Rescue; Daniel ColI, representing Keys EMS; John Newell, representing Keys EMS; Brian Haff, representing American Medical Response; and Charles Maymon, representing American Ambulance Service. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to deny the item. Suzanne Hutton, County Attorney discussed the matter. After consideration, the motion was withdrawn. During further discussion, the applicant withdrew the item. No official action was taken. A Public Hearing was held to consider adoption of a Resolution for a Budget Amendment of Fiscal Year 2009 Fine & Forfeiture Fund 101. 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. 088-2009 Said Resolution is incorporated herein by reference. 63 A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Mary D. Nelson, Trustee (M & M Enterprises Profit Sharing Plan AGR 06-01-72) on property described as Lot 16, Block 3, Ocean Isle Estates, Key Largo, RE#00538780.000000 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 089-2009 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 Marlin Holding, Inc. on property described as Lot 33, Block 3, Ocean Isle Estates, Key Largo, RE# 00538950.000000 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 090-2009 Said Resolution is incorporated herein by reference. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to approve the following items: A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Michael J. & Lucy A. Doyle, on property described as Lot 16, Port Largo Subdivision, Key Largo, RE # 00451470.000000 in the form of one (1) dwelling unit allocation award. There was no public input. RESOLUTION NO. 091-2009 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 Iramy Monteagudo on property described as Lot 167 & S 1/2 Lot 168, Port Largo Subdivision, Key Largo, RE# 00452980.000000 in the form of one (1) dwelling unit allocation award. There was no public input RESOLUTION NO. 092-2009 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 Roberto & Maribel Ruiz Collazo and Aldo & Maria Isabel Perez, on property described as Unit 11 Blue Harbor Club Inc. a condominium & an undivided interest in common elements, Bluewaters Trailer Village Sec. 4, Key Largo, RE# 00489136.018712 in the form of one (1) dwelling unit allocation award. There was no public input. 64 RESOLUTION NO. 093-2009 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 Joseph M. Brunke, on property described as Lot 2, Block 2, Largo Sound Park Subdivision, Key Largo, RE# 00470430.000000 in the form of one (1) dwelling unit allocation award. There was no public input RESOLUTION NO. 094-2009 Said Resolution is incorporated herein by reference. Motion carried unanimously. A Public Hearing was held to consider adoption of a Resolution approving the request for Administrative Relief made by Rodolfo & Juliette Balboa on property described as Lot 12, Block 6, Winston Waterways #2, Key Largo, RE# 00546830.000000 in the form of one (1) dwelling unit allocation award. There was no public input. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to adopt the following Resolution, reflecting the new owner's name. Motion carried unanimously. RESOLUTION NO. 095-2009 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 Bradley J. & Julie Mead on property described as Lots 42 & 43, Block 4, Revised Amended Plat of Riviera Village, Key Largo, RE# 00511590.000000 & 00511600.000000 in the form ofa purchase offer from the Monroe County Land Authority. The Board accepted public input with the following individual addressing the Board: Julie Mead. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 096-2009 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance approving a request by Seafarer Resort LLC to amend the Land Use District Designation from Suburban Residential (SR) to Mixed Use (MU) for property legally described as Island of Key Largo PT Lot 10, Monroe County Florida, having real estate number 00091010.000000. The Board accepted public input with the following individuals addressing the Board: Donna Bosold, representing Seafarer Resort, LLC; Andrew Tobin, representing Rock Harbor Club; Ron Childree, representing Rock Harbor Club; Frank Walsh, representing Rock Harbor Club; and James McKenna, representing Rock Harbor Club. Drew Trivette, Growth Management Director, discussed the matter. After 65 discussion, motion was made by Commissioner Wigington and seconded by Commissioner Carruthers to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy Yes Commissioner Wigington Yes Mayor Neugent No Motion carried. ORDINANCE NO. 005-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance approving a request by EI EI SI, LLC to amend the Land Use District Designation from Urban Residential Mobile Home (URM) to Mixed Use (MU) for property legally described as Island of Key Largo PBI-59 Pt Lots 9 & 10 & .71 AC Bay Btm, Monroe County, Florida, having real estate number 00091090.000000. The Board accepted public input with the following individuals addressing the Board: Andrew Tobin, representing Rock Harbor Club; Donna Bosold, representing EI EI Si, LLC. Drew Trivette, Growth Management Director discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington to adopt the following Ordinance. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy Yes Commissioner Wigington Yes Mayor Neugent No Motion carried. ORDINANCE NO. 006-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider a request by Seafarer Resort, LLC to amend the Development Agreement between Monroe County and Calusa Campground Association, Inc. There was no public input. Drew Trivette, Growth Management Director discussed the matter Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington to continue the Public Hearing to the May regular meeting of the Board at 3:00 PM in Key Largo. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance repealing and rescinding Ordinance No. 023-2008 adopting a Comprehensive Plan amendment changing Policy 101.4.21 to allow density for affordable housing to be calculated using 66 gross acreage; providing for severability; providing for repeal of inconsistent provisions; providing for transmittal 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 Wigington to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 007-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance amending Section 102-158 of the Code of Ordinances concerning amendments to the Land Development Regulations, Land Use District Map and Future Land Use Map; providing for a method of protest for Land Use District Map and Future Land Use Map changes; providing for severability; providing for repeal of inconsistent provisions; providing for transmittal to the Department of Community Affairs, providing for codification and for an effective date. The Board accepted public input with the following individual addressing the Board: Ron Miller, representing the Upper Keys Citizen's Association. Drew Trivette, Growth Management Director and Susan Grimsley, Assistant County Attorney discussed the matter. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Wigington to adopt the following Ordinance, as written. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner DiGennaro Yes Commissioner Murphy No Commissioner Wigington Yes Mayor Neugent No Motion carried. ORDINANCE NO. 008-2009 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of a Resolution amending the Planning and Environmental Resources fee schedule by changing the fee for a Beneficial Use Determination. Drew Trivette, Growth Management Director discussed the matter. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy to continue the Public Hearing to the April regular meeting of the Board at 3:00 PM in Key West. Motion carried unanimously. A Public Hearing was held to consider adoption of an Ordinance adopting amendments to the Monroe County Land Development Regulations amending Sections 130-161, 138-22, and 138-24, allowing for the same Tier IIIA Clearing Standards that apply to Market Rate Residential and Commercial Development to also apply to Affordable Residential Development; providing for severability and repeal of inconsistent provisions; providing an effective date; providing for incorporation in the Monroe County Code of Ordinances. The Board accepted public input with the 67 following individual addressing the Board: Ron Miller, representing the Upper Keys Citizen's Association. Motion was made by Commissioner Wigington and seconded by Commissioner Murphy to approve Staff recommendation of denial. Motion carried unanimously. STAFF REPORTS Growth Management - Drew Trivette, Growth Management Director discussed a request by the U.S. Census Bureau concerning a proposed modification to census tract number 9710 Long Key to Key Colony Beach. MONROE COUNTY SHERIFF DEPARTMENT The Board discussed a request for the BOCC waiver of the Sheriffs bond requirement. Mike Rice, Bureau Chief addressed the Board. Motion was made by Commissioner DiGennaro and seconded by Commissioner Murphy granting approval of the waiver. Motion carried unanimously. COMMISSIONERS' ITEMS The Board discussed Commissioner Carruthers' item concerning direction and possible action regarding Higgs Beach. Commissioner Carruthers indicated for the record that a public meeting is being held at Higgs Beach on Saturday, March 21, 2009 from 9 AM to 12 Noon. No official action was taken. The Board discussed Commissioner Carruthers' items concerning direction and possible action regarding the fee structure for limousine services operating from Key West International Airport and direction and possible action regarding the fee structure for "Greet & Go" parking fees at the Key West International Airport. The following individual addressed the Board: Rudy Krause. Danny L. Kolhage, Clerk of Courts and Peter Horton, Airports Director discussed the matter. No official action was taken. The Board discussed Commissioner DiGennaro's item concerning the appointment of Ed Swift to the Monroe County Affordable Housing Advisory Committee to fill specified District 4 category of "residing within County jurisdiction". After discussion, motion was made by Commissioner Murphy and seconded by Commissioner DiGennaro granting approval of the item. Motion carried unanimously. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator referred the Board to the written monthly activity report for February, 2009. James Callahan, Fire Chief updated the Board concerning a policy for Trauma Star. 68 Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of Alan Eckstein as an "At Large" appointment to the Tourist Development Council District I Advisory Committee. Motion carried unanimously. Motion was made by Commissioner Wigington and seconded by Commissioner DiGennaro granting approval of Tim Saunders as an "At Large" appointment to the Tourist Development Council District II Advisory Committee. Motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington granting approval ofKYm Collins and Hal Barrett as "At Large" appointments to the Tourist Development Council District IV Advisory Committee. Motion carried unanimously. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval and authorizing execution of an Agreement between Monroe County and Congresswoman Ileana Ros- Lehtinen to provide office space at the Murray E. Nelson Government and Cultural Center in Key Largo, FL. Motion carried unanimously. Motion was made by Commissioner DiGennaro and seconded by Mayor Neugent granting approval and authorizing execution of an Agreement between Monroe County and Sheriff Robert Peryam to provide office space to the Monroe County Sheriff's Office at the Murray E. Nelson Government and Cultural Center in Key Largo, FL. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington granting approval and authorizing execution of an Agreement between Monroe County and South Florida Water Management District to provide office space at the Murray E. Nelson Government and Cultural Center in Key Largo, FL. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Wigington confirming the Administrator's appointment of Townsley I. Schwab as the Senior Director of Planning and Environmental Resources and directed staff to pursue the necessary changes to Section 102-21 (b)(1) to the Land Development Regulation. Motion carried unanimously. COUNTY ATTORNEY Suzanne Hutton, County Attorney discussed her written memorandum to the Board concerning proposed legislation and requested any commissioner who may have any issues about the legislation to please contact her so that she can have the lobbyist pursue it. Ms. Hutton discussed economic stimulus issues and affordable housing. The following individual addressed the Board: Lloyd Boggio, representing The Carlile 69 Group. The Board designated the County Attorney as liaison on affordable housing projects. Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution providing direction to staff regarding distribution of informational items. Motion carried unanimously. RESOLUTION NO. 097-2009 Said Resolution is incorporated herein by reference. The Board discussed direction regarding Section 112.313(3) and (7), F.S. waiver requests for members of advisory boards. Suzanne Hutton, County Attorney discussed the matter. The following individual addressed the Board: Greg Sullivan. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to adopt the sample ordinance language into the county's code of ordinances. Motion carried unanimously. The Board discussed a request for approval of waiver of "standard of conduct" provision of Section 112.313(3) and (7), F.S., for Messrs. Robin Lockwood and George Galvan, members of a District Advisory Committee to the TDC (District 1) and members of the Board of Directors, Key West Chamber of Commerce, as allowed under Section 112.313(12), F.S. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to deny the request. Motion carried unanimously. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of waiver of "standard of conduct" provision of Section 112.313(3) and (7), F.S. for Messrs. David Dicken and Ed Kinkelaar, members of District Advisory Committee to the TDC (District IV) and members of the Board of Directors, Islamorada Chamber of Commerce, as allowed under Section 112.313(12), F.S. Motion carried unanimously. Agenda item P9 was withdrawn from the agenda concerning a presentation and consideration of a Settlement Proposal in Roy's Trailer Park, Inc. v. Monroe County, CA K 07-1505. (The item was addressed at the Closed Session held earlier in the day). Motion was made by Commissioner DiGennaro and seconded by Commissioner Carruthers granting approval to advertise and hold a Public Hearing to consider approval of a County Ordinance prohibiting the sale of merchandise on the public right of way. Suzanne Hutton, County Attorney discussed the matter. Motion carried unanimously. MISCELLANEOUS Mayor Neugent requested the status of Henry Dean - lobbyist who was discussed at the February 27, 2009 Special BOCC meeting. Roman Gastesi, County Administrator discussed the matter. No official action was taken. 70 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 .J6akJc.. ~ Isabel C. DeSantis, Deputy Clerk