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10/19/2005 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2005/238 Regular Meeting Board of County Commissioners Wednesday, October 19, 2005 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner Murray E. Nelson, Commissioner George R. Neugent, Commissioner David P. Rice, and Mayor Dixie M. Spehar. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Bob Shillinger, Assistant County Attorney; Thomas Willi, County Administrator; County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. CLOSED SESSION The Closed Session scheduled to be held with the Board, County Administrator Tom Willi, Assistant County Attorney Bob Shillinger, outside counsel for the County, Wayne Smith, Esq., and a certified court reporter to discuss the Monroe County v. Post, Buckley, Schuh & Jernigan litigation, was postponed. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of 30 year retirement plaque to Eva Limbert for services to Monroe County, former Grants Coordinator, Social Services Department. Presentation of Years of Service Award for 25 years of service to Monroe County to Fred Gartenmayer, Plumbing Foreman, Facilities Maintenance Department, Public Works Division. Presentation of Years of Service Award for 15 years of service to Stanley Webb III, Firefighter/Paramedia. Presentation of Employee of the Month Award for June, 2005, to William DeSantis, Foreman, Sr. Landscaper, Facilities Maintenance Department, Public Works Division. 10/19/2005 2005/239 Presentation of the Florida Keys Council for People with Disabilities Award to Sabrina Maria Alfonso, Music Director of the Key West Symphony Orchestra, for her dedicated service and innovative leadership. Presentation of Mayor's Proclamation recognizing November 6th through 12th, 2005 as Just 4 Kids Week. Presentation of Mayor's Proclamation proclaiming September 27th through October 14th, 2005 as Hispanic Heritage Weeks. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Nelson granting approval of the following items by unanimous: Board granted approval for Republic Parking System to continue Parking Lot Management at the Key West International Airport on a month to month basis, pending approval of an extension agreement. Board granted approval of operating budget for Republic Parking System for the period of November 1, 2005 through October 31, 2006, for Parking Lot Management at the Key West International Airport. Board granted approval and authorized execution of Purchase Service Order No. 05/06-01 between Monroe County and URS for General Consultants Services for the Key West International Airport, and the Florida Keys Marathon Airport. Board granted approval and authorized execution of Purchase Service Order No. 05/06-04 between Monroe County and URS for the Noise Insulation Program Coordinator for the Key West International Airport. Board granted approval and authorized execution of Purchase Service Order No. 05/06-03 between Monroe County and URS for a Noise Contour Update, for the Key West International Airport. Board granted approval to extend Agreement with Synagro Southeast, Inc. for the operation and maintenance of the Florida Keys Marathon Airport Terminal Sewage Treatment Plant, on a month -to -month basis, effective October 1, 2005. Board adopted the following Resolutions concerning Transfer of Funds, Receipt of Unanticipated Revenue, and Amending: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 365-2005 Said Resolution is incorporated herein by reference. r 10/19/2005 2005/240 Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 366-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO.367-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO.368-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 369-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6), RESOLUTION NO.370-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO.371-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO.372-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 373-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 374-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 375-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO.376-2005 Said Resolution is incorporated herein by reference. 10/19/2005 2005/241 Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 377-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 378-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 379-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO.380-2005 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of the following Human Service Organizations funded by the County for Fiscal Year 2006, for which funding recommendations are made by the Human Services Advisory Board: The Care Center for Mental Health, in the amount of $345,000.00; Good Health Clinic, Inc., in the amount of $17,995.00; Guidance Clinic of the Middle Keys, Inc., in the amount of $847,054.00; Hospice of the Florida Keys, in the amount of $50,000.00; Rural Health Network of Monroe County, Florida, Inc., in the amount of $100,000.00; Womankind, Inc., in the amount of $55,000.00; AIDS Help, Inc., in the amount of $36,000.00; American Red Cross of Greater Miami and the Keys, in the amount of $30,000.00; Catholic Charities, Inc., in the amount of $10,000.00; Domestic Abuse Shelter, in the amount of $40,000.00; The Florida Keys Children's Shelter, Inc., in the amount of $220,000.00; Florida Keys Outreach Coalition, Inc., in the amount of $68,856.00; Fountains of Living, Inc., in the amount of $5,000.00; The U.S. Fellowship of Florida, Inc., in the amount of $60,000.00; The Monroe Association of Retarded Citizens (MARC), Inc., in the amount of $194,868.00; PACE Center for Girls, Inc., in the amount of $30,000.00; Samuel's House, Inc., in the amount of $90,000.00; Wesley House Family Services, Inc., in the amount of $172,100.00; Art Behind Bars, Inc., in the amount of $2,500.00; Big Brothers and Big Sisters, Inc., in the amount of $30,000.00+; Boys and Girls Club, Inc., in the amount of $50,000.00; Caring Friends for Seniors, Inc., in the amount of $5,000.00; Keys Advocacy Center, Inc., d/b/a Center for Independent Living of the Keys, in the amount of $5,000.00; Florida Keys Area Health Education Center, Inc., in the amount of $12,000.00; Grace Jones Community Center, Inc., in the amount of $80,000.00; Helpline, Inc., in the amount of $20,000.00; National Heritage Foundation, in the amount of $25,000.00; Literacy Volunteers of America - Monroe County, Inc., in the amount of $12,000.00; and Monroe County Education Foundation, Inc., in the amount of $25,000.00. Board granted approval and authorized execution of the following Contracts with Non -Profit Service Organizations funded by the County for Fiscal Year 2006. These organizations do not apply to the Human Services Advisory Board; they are funded directly by the Board of County Commissioners as line items in the Budget: Big Pine Athletic Association, Inc., in the amount of $45,000.00; The Exotic and Wild Bird Rescue of Florida Keys, Inc., in the 10/19/2005 2005/242 amount of $14,000.00; The Florida Keys Wild Bird Rehabilitation Center, Inc., in the amount of $20,000.00; Heart of the Keys Recreation Association, Inc., in the amount of $40,000.00; The Historic Florida Keys Foundation, in the amount of $30,000.00; The Marathon Wild Bird Rescue, Inc., in the amount of $14,000.00; Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts, in the amount of $120,000.00; Rural Health Network of Monroe County, Florida, Inc., in the amount of $300,000.00; Upper Keys Community Pool, Inc., d/b/a Jacob's Aquatic Center of Key Largo, in an amount not to exceed $225,000.00; and YMCA of Greater Miami, Inc., in the amount of $15,000.00. Board granted approval and authorized execution of a Federally -Funded Subgrant Agreement between Monroe County and the Department of Community Affairs concerning a Homeland Security Grant, 06-DS-3W-11-54-01, in the amount of $36,322.00. Board granted approval, acting as Plan Administrator of the Length of Service Award Plan (LOSAP) to disburse funds to three eligible participants of the plan, Carol MacLaren with a monthly benefit of $150.00 commencing July 1, 2004, Dwight Beal with a monthly benefit of $180.00 commencing June 1, 2005, and Joe Prime with a monthly benefit of $180.00 commencing September 1, 2005. Board granted approval and authorized execution of a Contract Agreement Addendum between Monroe County, acting as Board of Governors for MSTD 6, and Medtronic Physio-Control for the preventative inspection and maintenance of biomedical equipment in the amount of $6,380.00 for an additional one (1) year period. Board adopted the following Resolution supporting Special Act Legislation to dissolve the Upper Florida Keys Hospital District. RESOLUTION NO.381-2005 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of 2005-2006 Nutrition Services Incentive Program (NSIP) (formerly USDA) Rate Agreement, Contract No. US-651 between Alliance for Aging and the Monroe County Nutrition Program, and execution of Amendment 001 to Contract US-651. Board granted approval and authorized execution of Amendment 002 to Older Americans' (OAA) Contract No. AA529 between Monroe County and Alliance for Aging, Inc. to reflect the requested Title transfers and adjust the approved allocation under each title. Board granted approval and authorized execution of Amendment 003 to Older Americans' (OAA) Contract No. AA529 (1/l/05-12/31/05) between Monroe County/Monroe County Social Services and Alliance for Aging, Inc. of Dade land Monroe Counties to increase Title C 1 by $15, 000 and the Title C2 by $18, 973 . 10/19/2005 2005/243 Board granted approval and authorized execution of the Florida Department of State, Division of Library and Information Services, State Aid to Libraries Grant Agreement. Board granted approval to modify the fee structure for the use of Government meeting rooms, and Channel 76 televising costs. Board granted approval and authorized execution of a new Interlocal Agreement between Monroe County and the City of Marathon for the Use of the Meeting Room at the Marathon Government Center, and the televising of Marathon City Council Meetings. Board granted approval and authorized execution of a Contract Renewal between Monroe County and Mowrey Elevator Services, Inc. for complete elevator service and maintenance for all Monroe County Elevators. Board granted approval and authorized execution of two Lease Amendments (Beach Chair & Umbrella Rentals and Sailboat Rentals) between Monroe County and Tropical Watersports, Inc. to waive fees for the months Higgs Beach was closed due to Hurricane activity (July, August, and September 2005). Board granted approval to piggyback on Pasco County's bid and purchase two (2) new Rollers from Nortrax Equipment Co. in the total amount of $105,246.00, and adopted the following Resolution concerning the transfer of funds. RESOLUTION NO.382-2005 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of Disaster Relief Funding Agreement No. 06-KT-B&-11-54-01-516 between Monroe County and the State of Florida, Department of Community Affairs for expenses related to Hurricane Katrina. Board granted approval to apply for the Monroe County Sheriffs Office Livescan Workstation Grant Application 2005-2006 from the Florida Department of Law Enforcement, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Board granted approval of the receipt of monthly report on Change Orders reviewed by the County Administrator. There were no change orders considered and approved by the County Administrator for the period of 09/06/05 - 10/04/05. Board granted approval to rescind Agreement as approved on July 20, 2005, and authorized execution of a revised Joint Participation Agreement (JPA) between Monroe County and the Florida Department of Transportation to complete stormwater management improvements at various locations along the US Highway 1 corridor, subject to approval of County Attorney and FDOT. 10/19/2005 2005/244 Board granted approval and authorized execution of an Agreement between Monroe County and the Morganti Group, Inc. to serve as Advisor during Design and General Contractor for construction of the new McCoy Terminal Complex at the Key West International Airport Terminal in the amount of 14.8% of the Guaranteed Maximum Price (GMP) as defined in the "Agreement between the County and Construction Manager". Board granted approval of three new positions for the Engineering Division to manage the work primarily associated with the Key West Airport Project. Board granted approval to award Public Works surplus equipment as described in the Recap of Bid Opening (Items 2, 4, 5, 12, 18 & 19). Said list is incorporated herein by reference. Board granted approval and authorized execution of an Addendum to Contract between Monroe County and Keys Security, Inc. for services to the Duck Key Security District. Board granted approval of a Request to Purchase computer equipment from Dell Computers, Inc. The purchase of 100 computers was budgeted and approved in the Fiscal Year 2006 Technical Services budget, and the County will save buying these computers in bulk. Board granted approval to award and authorized execution of an Agreement between. Monroe County and The Tower Group, Inc., - Construction Manager to serve as Advisor during Design and General Contractor for construction of the new Murray E. Nelson Government and Cultural Center/Upper Keys Government Center) in Key Largo, in the amount of 16.5% of the Guaranteed Maximum Price (GMP) as defined in the Agreement. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering Key West Race Week 2006 between January 15, 2006 and January 20, 2006 in an amount not to exceed $54,500, DAC I, FY 2006 Event Resources. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West covering the White Street Pier Lighting Replacement Project in an amount not to exceed $100,000, DAC I, FY 2006, Capital Project Resources. Board granted approval and authorized execution of an Interlocal Grant Award Agreement between Monroe County and the City of Marathon for the Coco Plum Beach Amenities Improvement Project in an amount not to exceed $66,310, DAC III, FY 2006 Third Penny Capital Project Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Rotary Club of the Upper Keys, Inc. covering the 1 Ith Annual 10/19/2005 2005/245 Gigantic Nautical Flea Market on February 25-26, 2006 in an amount not to exceed $15,000, DAC IV, FY 2006, Third Penny Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Greater Marathon Chamber of Commerce, Inc. covering The Original Marathon Florida Keys Seafood Festival on March 18-19, 2006 in an amount not to exceed $10,000, DAC III, FY 2006, Third Penny Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc. covering the Terry Cassidy's Pickin' Party on February 5, 2006 in an amount not to exceed $6,000, DAC II, FY 2006, Third Penny Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Key Largo Chamber of Commerce, Inc. covering the Key Largo Chamber of Commerce Island Jubilee on November 4-5, 2006 in an amount not to exceed $15,000, DAC V, FY 2006, Third Penny Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Islamorada Chamber of Commerce, Inc. covering the Florida Keys Island Festival on May 20-21-2006 in an amount not to exceed $35,000, DAC IV, FY 2006 Third Penny Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Lower Keys Chamber of Commerce, Inc. covering the Lower Keys Jazz Festival and Art Show on April 9, 2006 in an amount not to exceed $6,000, DAC II, FY 2006, Third Penny Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and Hog's Breath Saloon of Key West, Inc. covering the Key West Songwriters Festival on May 3-7, 2006 in an amount not to exceed $24,000, DAC I, FY 2006, Third Penny Event Resources. Board granted approval and authorized execution of an Grant Award Agreement between Monroe County and Florida Keys Land and Sea Trust, Inc. covering the Beautification and Enhancement, Phase 1A and 1B Project in an amount not to exceed $300,000, DAC III, FY 2006, Capital Project Resources. Board granted approval and authorized execution of an Grant Award Agreement between Monroe County and Dolphin Research Center covering the Replacement of the Fish Freezer and the Restoration of the Front Sign Project in an amount not to exceed $93,962, DAC III, FY 2006, Capital Project Resources. Board granted approval and authorized execution of the following Cultural Umbrella Event Funding Agreements for FY 2006, totaling $402,547.00: "Man, 3000 Years Under the 10/19/2005 2005/246 Sea", in the amount of $25,000.00; "Silver!: Plata Del Mar", in the amount of $25,000.00; In Their Own Words, The History of Key West, 1822-1940, in the amount of $23,000.06; Island Opera Theatre Concert Series, in the amount of $15,885.00; Key West Players at the Waterfront Playhouse, in the amount of $21,000.00; Marathon Community Theatre 2005-2006 Season, in the amount of $22,897.00; Performance at St. Paul's, in the amount of $5,000.00; Red Barn Theatre/Live Theatre, in the amount of $23,000.00; The Key Players 2005/2006 Season, in the amount of $20,810.00; Key West Symphony Orchestra 2005-2006 Season, in the amount of $21,000.00; The Key West Pops Orchestra, in the amount of $8,760.00; Tennessee Williams Theatre 2005-2006 Season, in the amount of $21,000.00; (1) Annual Benefit Concert (featuring Maynard Ferguson); (2) Historic Holiday Candlewalk; (3) 2006 Upper Keys Concert Series; (4) St. Patrick's Day Irish Concert, in the amount of $25,000.00; KWCA Impromptu Concerts, in the amount of $8,760.00; Pirates in Paradise Festival 2005, in the amount of $8,760.00; Florida Keys Art Guild, Outdoor Shows, in the amount of $14,730.00; Pops in the Park, in the amount of $7,550.00; Florida Keys Holiday Festival, in the amount of $2,183.00; Marathon Garden Club's 2005/2006 Seasonal Events, in the amount of $15,278.00; 46th Annual Key West House and Garden Tours and 44th Annual Conch Shell Blowing Contest, in the amount of $13,760.00; Middle Keys Concert Series, in the amount of $5,862.00; Art Under the Oaks, in the amount of $2,750.00; Sculpture Key West, in the amount of $21,000.00; Civil War Heritage Festival, in the amount of $5,000.00; Pigeon Key Art Festival, in the amount of $11,700.00; Robert Frost Poetry Festival 2006, in the amount of $5,000.00; Harry S. Truman Legacy Symposium and Exhibit, in the amount of $13,762.00; and 22nd Annual Underwater Music Festival AquaCulture-Music and Art in the Key of Sea, in the amount of $9,100.00. Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and Marathon Garden Club, Inc. covering the Roof and Parking Lot repair projects in an amount not to exceed $4,046.00, DAC III, FY 2006, Capital Project Resources. Board granted approval and authorized execution of the following Fishing Umbrella Event Funding Agreements for FY 2006, totaling $277,850: Take Stock in Children Backcountry Challenge, in the amount of $2,500; Islamorada Sailfish Tournament, in the amount of $7,000; Don Gurgiolo Sailfish Classic, in the amount of $3,300; Islamorada Junior Sailfish Tournament, in the amount of $2,100; Key Largo Sailfish Challenge, in the amount of $4, 000; The 21 st Annual Holiday Isle Sailfish Tournament, in the amount of $3,325; Hog's Breath King Mackeral Tournament, in the amount of $15,000; Islamorada Women's Sailfish Tournament, in the amount of $2,000; 8th Annual Capt. Leon Shell Memorial Sailfish Tournament, in the amount of $5,000; Key West Fishing Tournament, Inc., in the amount of $43,000; Islamorada All -Tackle Spring Bonefish, in the amount of $2,000; Mercury Redbone @ Large Sunset Tarpon Tournament, in the amount of $5,000; Ghost Hunt, in the amount of $5,000; World Sailfish Championship, in the amount of $34,000; Key West Classic, in the amount of $15,000; 40th Annual Marathon International Tarpon Tournament, in the amount of $8,000; 30th Annual Ladies Tarpon Tournament, in the amount of $6,000; Coconuts Dolphin Tournament, in the amount of $11,500; 20th Annual Faro Blanco Invitational Tarpon Tournament, in the amount of $3,000; Yamaha Dolphin Masters Invitational, in the amount of $1,000; Big Pine & Lower Keys Dolphin Tournament, in the amount of $8,000; Don Hawley Tarpon Tournament, in the amount of $2,000; 20th Annual Father's Day Dolphin Derby, in the amount of $4,500; Gold Cup Tarpon n 10/19/2005 2005/247 Tournament, in the amount of $2,000; Burdines Waterfront 6th Annual Dolphin and Blackfin Fun Fishing Tournament, in the amount of $5,000; Key West Gator Club Dolphin Derby, in the amount $6,000; Conch Republic Ladies Dolphin Championship, in the amount of $1,000; Holiday Isle/Caribee 21st Dolphin Tournament, in the amount of $3,325; Del Brown Invitational Permit, in the amount of $1,000; Key West Marlin Tournament, in the amount of $22,600; "Ladies Let's Go Fishing!" Reel at the Reef, in the amount of $2,000; Mercury Redbone @ Large Little Palm Island Grand Slam, in the amount of $4,500; Mercury Redbone Celebrity S.L.A.M. Tournament, in the amount of $11,000; Islamorada Invitational Fall Fly Fish Bone Tournament, in the amount of $2,000; Mercury Outboards Bonefishing World Championship Islamorada All -Tackle Bonefishing Tournament, in the amount of $2,000; "Ladies Let's Go Fishing!" Islamorada, in the amount of $2,500; Mercury Redbone Celebrity Baybone Tournament, in the amount of $10,000; Marathon Sailfish Season Opener, in the amount of $5,000; Mercury Cheeca/Redbone Celebrity Tournament; in the amount of $5,700. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West covering the Smathers and Rest Beach Cleaning and Maintenance in an amount not to exceed $380,000 per year, DAC I, Third Penny, Capital Resources. Board granted approval and authorized execution of an Agreement between Monroe County and the Monroe Council of the Arts Corporation, d/b/a Florida Keys Council of the Arts to supplement costs of tourist related programs in an amount not to exceed $72,500. DIVISION OF GROWTH MANAGEMENT Board granted approval and authorized execution of Contract Amendment 1 between Monroe County and RMPK for the Florida Keys Scenic Highway Interpretive Master Plan. Board adopted the following Resolution approving for Year 14, from July 13, 2005 to July 13, 2006, sixteen thousand square feet on Non -Residential Floor Area to be available in bi-annual allocations, the 1st allocation of 8,000 square feet in January 2006 and the remainder to be held in reserve for the 2nd allocation in July 2006, and limiting allocations to 2,500 square feet or less. RESOLUTION NO.383-2005 Said Resolution is incorporated herein by reference. Board granted approval to advertise a Request for Qualifications for Professional Sefvices to manage and undertake the task of removing all Florida Exotic Pest Plant Council listed species within the Overseas Heritage Trail and Scenic Highway right-of-way, review and rank proposals and recommend a firm to the Board of County Commissioners. Board accepted the written Growth Management Litigation Report dated October 6, 2005 from Derek Howard, Esq., of the firm Morgan & Hendrick. 10/19/2005 2005/248 Board granted approval and authorized execution of a Contract for Services between Monroe County and Spirit Marine Towing and Assistance to remove 7 vessels from Boca Chica Harbor at a cost of $25,100. MONROE COUNTY HOUSING AUTHORITY Board adopted the following Resolution Approval of A Resolution of the Board of County Commissioners of Monroe County, Florida providing for a subordination of mortgage for property encumbered by a mortgage to Monroe County in conjunction with the Monroe County State Housing Initiatives Partnership (SHIP) Program. RESOLUTION NO. 384-2005 Said Resolution is incorporated herein by reference. MONROE COUNTY HEALTH DEPARTMENT Board granted approval and authorized execution of the Annual Core Contract between BOCC and the Department of Health, Monroe County Health Department for the following services provided in Monroe County: Immunization, Sexually Transmitted diseases, AIDS, TB, Communicable Disease surveillance, Hepatitis & Liver failure prevention, Public Health preparedness, Vital Statistics, Chronic disease prevention, WIC, Family Planning, Healthy Start, Child Health, School Health Adult Health, Dental Health, Environmental Health, Coastal Beach Monitoring, Food Hygiene, Body Art, Lead Monitoring, Storage Tank Compliance, Pools and Bathing places, individual Sewage, Biomedical Waste, Tanning facility, Water Pollution, Air Pollution. COMMISSIONERS' ITEMS Board ratified the Mayor's signature for Catholic Charities Homeless Prevention Grant Application to the State of Florida Department of Children and Families Office on Homelessness Board granted approval of the appointment of Mayor of Key West, Morgan McPherson to the Tourist Development Council to replace City Commissioner Scales, III who chose not to run for re-election. The Mayor's appointment will fulfill Commissioner Scales appointment which ends 12/17/07. Board granted approval of an Amendment to the Board of County Commissioners Administrative Procedures regarding appointments for various boards. The clarification will be notwithstanding Robert's Rule of Order, appointments by the County Commission to Committees, Advisory Boards, Councils,. Commissions and similar bodies established by Resolution, Ordinance or Florida Statue shall be by affirmative vote of not less than three of the five members of the County Commission, unless otherwise stated in the enabling Resolution, Ordinance or Statute creating the Committee, Board, Council, Commission or Body. 10/19/2005 2005/249 COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the July 14, 20, & 21, 2005 meetings. (previously distributed) Board granted approval of the following Warrants (117310-118276 & 208816-208900): General Fund (001), in the amount of $1,272,199.00; Fine & Forfeiture Fund (101), in the amount of $71,718.14; Road and Bridge Fund (102), in the amount of $73,389.66; TDC District Two Penny (115), in the.amount of $150,630.72; TDC Admin. & Promo 2 Cent (116), in the amount of $231,553.57; TDC District 1, 3 Cent (117), in the amount of $261,968.72; TDC District 2, 3 Cent (118), in the amount of $35,733.50; TDC District 3, 3 Cent (119), in the amount of $26,487.44; TDC District 4, 3 Cent (120), in the amount of $54,663.28; TDC District 5, 3 Cent (121), in the amount of $57,884.44; Gov. Fund Type Grants (125), in the amount of $226,101.45; Fire & Amb Dist 1 L&M Keys (141), in the amount of $116,049.85; Upper Keys Health Care (144), in the amount of $1,712.29; Fire & Amb Dist 6 Key Largo (146), in the amount of $53,862.21; Uninc Svc Dist Parks & Rec (147), in the amount of $116,017.64; Plan, Build, Zoning (148), in the amount of $146,772.30; Municipal Policing (149), in the amount of $10.42; 911 Enhancement Fee (150), in the amount of $34,710.75; Duck Key Security (152), in the amount of $91.80; Local Housing Assistance (153), in the amount of $7,168.75; Boating Improvement Fund (157), in the amount of $74,337.48; Misc. Special Revenue Fund (158), in the amount of $30,559.28; Environmental Restoration (160), in the amount of $15,300.00; Marathon Municipal Service (166), in the amount of $394.02; Conch Key Wastewater MSTU (167), in the amount of $0.09; Key Largo Wastewater MSTU (170), in the amount of $45,338.32; 1 Cent Infra Surtax (304), in the amount of $513,424.75; 2003 Revenue Bonds (307), in the amount of $6,254.01; Card Sound Bridge (401), in the amount of $4,517.31; Marathon Airport (403), in the amount of $134,751.14; Key West Intl. Airport (404), in the amount of $643,279.19; MSD Solid Waste (414), in the amount of $438,188.39; Worker's Compensation (501), in the amount of $13,000.00; Group Insurance Fund (502), in the amount of $177,825.48; Risk Management Fund (503), in the amount of $122,331.09; Fleet Management Fund (504), in the amount of $92,558.98. Board granted approval of Tourist Development Council Expenditures for the month of September, 2005: Advertising, in the amount of $500,006.14; Bricks & Mortar, in the amount of $89,664.09; Visitor Information Services, in the amount of $33,333.32; Events, in the amount of $34,915.84; Office Supplies& Oper Costs, in the amount of $12,037.91; Public Relations, in the amount of $69,634.62; Sales & Marketing, in the amount of $73,962.88; Telephone & Utilities, in the amount of $3,827.80; Travel, in the amount of $9,070.57. Board granted approval to remove surplus equipment from inventory via disposal. Said inventory listing is incorporated herein by reference. 10/19/2005 2005/250 COUNTY ADMINISTRATOR Board adopted the following Resolution authorizing the acceptance of certain Key Largo, Marathon, Cudjoe Key, and Big Coppitt Key Properties from the Monroe County Comprehensive Plan Land Authority for Affordable Housing. RESOLUTION NO. 385-2005 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Professional Services Agreement between Monroe County and Advanced Data Solutions, Inc., Contract # 101-555-2565, for IT Consulting Services. Board granted approval and authorized execution of a Professional Services Agreement between Monroe County and Carroll Consulting, Inc. for organizational and management consulting services. Board adopted the following Resolution authorizing acceptance of certain real property in Mandalay Subdivision on Key Largo from the Monroe County Housing Authority for affordable housing. RESOLUTION NO.386-2005 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Board granted approval for the County Attorney to negotiate settlement of claim by Four Star Rental against the Count in an amount up to $18,878.00. Board granted approval of payment to White & Smith, LLC. for professional legal services rendered in the amount of $85,409.70 (their Invoices #161 and #187). Board granted approval and authorized execution of First Addendum to the Interlocal Agreement between Monroe County and the City of Marathon for the Rehabilitation of the Boot Key Bridge. ` Board granted approval to substitute standard form `EXHIBIT A" for Letter of Engagement used as "EXHIBIT A" for contract for legal services of William Brinton, Esq. Board granted approval and authorized execution of an Amendment to Hangar Development, Taxilanes and Apron Contract between Monroe County and D. L. Porter Constructors, Inc. Motion carried unanimously. 10/19/2005 2005/251 MISCELLANEOUS BULK APPROVALS Public Works Director, Dent Pierce addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval to issue a Purchase Order to sole source vendor Carrier Commercial Services in the amount of $151,088 for two (2) new chillers for the Gato Building, Key West; and adopted the following Resolution concerning the transfer of funds. Motion carried unanimously. The Board then directed Staff to bring back a future agenda item that Monroe County make a policy that all new outside air-conditioning units be required to be "coastal". RESOLUTION NO.387-2005 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL The Board discussed approval of two (2) "At Large" appointments to the Tourist Development Council District H Advisory Committee. After discussion, motion was made by. Commissioner Neugent and seconded by Commissioner McCoy appointing Rosie Ladrie and Kevin Freestone. Motion carried unanimously. The Board discussed approval of one (1) "At Large" appointment to the Tourist Development Council District III Advisory Committee. After discussion, motion was made by Commissioner Rice and seconded by Commissioner McCoy appointing Lynda Berrigan. Motion carried unanimously: - STAFF REPORTS Public Works - Dent Pierce, Public Works Director discussed the status of the cleanup of Higgs Beach by the new contractor Evans Environmental & Geological Science & Management, LLC (EE&G). Mr. Pierce also informed the Board that the Conch Key Fire Department had been connected to the sewer system. Growth Management - Tim McGarry, Growth Management Director informed the Board that this was Planning Director Marlene Conaway's last week of employment and that there were also other vacancies in his department. Mr. McGarry discussed work on the special protection area maps; amending the resolution concerning Zoning in Progress (Stock Island); and the Michael Browning property issue. TAX COLLECTOR Danise "Dee Dee" Henriquez, Monroe County Tax Collector presented the Board with the excess fees check in the amount of $2,061,986.39. STAFF REPORTS Fire Rescue - Clark Martin, Fire Chief updated the Board concerning Hurricane Wilma. Tom Willi, County Administrator informed the Board that the County would be closed Thursday, October 20 and Friday, October 21 due to Hurricane Wilma. The Board then discussed a meeting 10/19/2005 2005/252 held last week with municipalities which Commissioner Rice attended concerning hurricane coordination/preparedness in Monroe County. Mayor Spehar discussed the potential loss of a bridge during emergency situations as experienced last week due to an accident on the 7 Mile Bridge. Mr. Clark informed the Board of the Florida Department of Transportation's plans/responsibilities during such an incident. COMMISSIONERS' ITEMS Commissioner Neugent discussed his item to appoint Kim Wigington to the Planning Commission with term expiring October 31, 2007. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson to deny the appointment. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Neugent No Commissioner Rice No Commissioner Nelson Yes Mayor Spehar Yes Motion carried. Monroe County Airports Director, Peter Horton addressed the Board. Peter Green, representing URS Corporation made a Presentation concerning the Environmental Assessment (EA) for Runway Safety Area (RSA) Improvements to the Key West International Airport. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson granting approval, per Staff recommendation of the preferred alternative - (400 Foot RSA Width with Minimal EMAS Length at East End, Non -Standard RSA at West End. Motion carried unanimously. 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 David P. Rice, Mayor Dixie Spehar, and Chairman Kevin M. Madok. Absent was Councilman John Cromartie Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution authorizing the write off and deletion of $103.94 from the Fire Rescue Accounts Receivable list. Motion carried unanimously. RESOLUTION NO. 388-2005 Said Resolution is incorporated herein by reference. Motion was made by Mayor Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of a Contract Agreement Addendum between Monroe County 10/19/2005 r 2005/253 and the Fire and Ambulance District 1 and Medtronic Physio-Control, for the preventative inspection and maintenance of biomedical equipment in the amount of $14,709.00 for an additional one (1) year period. Motion carried unanimously, with Councilman Cromartie not present. There being no further business, the meeting of the Board of Governors was adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COUNTY ADMINISTRATOR Mr. Willi gave an update on Hurricane Wilma. The Board accepted the written report submitted by the County Administrator dated October 5, 2005 concerning the Monthly Activity Report for September, 2005: Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the proposed Monroe County Organizational Chart and confirmation of the Administrator's appointments to Divisions. Said document is incorporated herein by reference. Motion carried unanimously. COUNTY ATTORNEY Assistant County Attorney, Bob Shillinger addressed the Board concerning his written Litigation Report, dated October 17, 2005. In addition, Mr. Shillinger discussed the litigation concerning Stuart Kessler v. Monroe County and Tom Willi, Case No. CA K 05-1006. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Nelson authorizing dual representation of the County and the County Administrator by the County Attorney's Office in this matter. Motion carried unanimously. Mr. Shillinger discussed the Federal Injunction regarding the withholding of Flood Insurance for new construction located in Habitat for Endangered Species in Florida Key Deer v. Michael Brown & Gale Norton, Case No. 90-10037-CIV-Moore. WASTEWATER ISSUES The Board discussed possible resolutions regarding level of service issues to Stock Island property owners to improve existing wastewater system infrastructure. STAFF REPORTS Engineering - County Engineer, Dave Koppel updated the Board concerning Stock Island sewering, EDUs, hookups, and right-of-way construction costs. WASTEWATER ISSUES Mr. Shillinger discussed cases scheduled for appearance before the Code Enforcement Special Master concerning violations and noncompliance of wastewater connections. 10/19/2005 2005/254 Mr. Willi reported to the Board on discussions with the Florida Keys Aqueduct Authority. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item concerning direction to Staff to investigate the possibility of placing a 1% surcharge on all new and redeveloped building projects in Monroe County. This surcharge would be based on the total project cost including land acquisition. Attorney Mark Mustian, Bond Counsel with the firm Nabors & Giblin addressed the Board. Staff indicated that a impact fee study would be conducted. PRESENTATION A Letter of Appreciation was presented to the Honorable Murray E. Nelson by the Chairman of the Tourist Development Council Michael Ingram. COMMISSIONERS' ITEMS Mayor Spehar discussed her item for direction to open a Work Project through FEMA and develop a contract with Monroe County Commercial Fisherman (MCCF) in an effort to remove trap debris in the marine environment which causes a threat to life -safety and which has resulted from the severe storm season of 2005. The County's commitment to the project will be approximately $250,000. George Garrett, Marine Resources Director addressed the Board. After discussion, motion was made Commissioner Nelson and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Commissioner Nelson discussed his item concerning approval to direct Staff to go out with an RFQ for contractors to build 32 units of workforce rental units at Burton Drive, Tavernier; 13 units at Cudjoe Key, 10 units at Big Coppitt Key, and 14 units at the Mandalay property in Key Largo. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. PUBLIC HEARINGS A Public Hearing was held to consider issuance of a Certificate of Public Convenience and Necessity (COPCN) to Islamorada Village of Islands — Fire Rescue for the operation of an ALS transport ambulance service for the period October 1, 2005 to September 30, 2007. There was no public input. County Administrator, Tom Willi addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval to issue a Certificate of Public Convenience and Necessity (COPCN) to Islamorada Village of Islands — Fire Rescue for the operation of an ALS transport ambulance service for the period October 1, 2005 to September 30, 2007. Motion carried unanimously. A Public Hearing was held to consider an Ordinance of the Board of County Commissioners of Monroe County, Florida authorizing a Lump Sum Years of Service Award to certain eligible volunteer firefighters who have provided at least ten years of fire, rescue and emergency medical services to the residents and visitors of Monroe County and whom each have reached the age of sixty. There was no public input. - Motion was made by Commissioner Rice 10/19/2005 2005/255 and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 027-2005 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider an Ordinance authorizing payment to appropriate relief agency for aid to areas devastated by Hurricane Katrina; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; and Providing an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to deny the Ordinance. Motion carried unanimously. Motion was then made by Commissioner McCoy and seconded by Commissioner Rice to set aside $100,000 for Monroe County fishermen who have been impacted by the severe storm season of 2005 and $10,000 to Just for Kids to assist in helping children impacted by the storm. Motion carried unanimously. A Public Hearing was held to consider a Resolution replacing Resolution No. 211-2003 and establishing a new fee schedule for planning and development applications. There was no public input. Motion was made by Commissioner Nelson and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 389-2005 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider an Ordinance to amend the Monroe County Land Use District Map to include a Tier Overlay Map District designation on all land in Big Pine Key and No Name Key and designating boundaries for Tier I, Tier H and Tier III as required in the Master Plan for Big Pine Key and No Name Key and Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in Section 9.5-256; Providing for repeal of all Ordinances inconsistent herewith; Directing the Planning and Environmental Resources Department to transmit a copy of this Ordinance to the Florida Department of Community Affairs; and Providing for an effective date. The Board accepted public input with the following individuals addressing the Board: H. T. Pontin and Candace Andrus. Planning Director, Marlene Conaway discussed the item with the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimous. ORDINANCE NO. 028-2005 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider an Ordinance to amend the Monroe County Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System for Big Pine Key and No Name Key by renumbering existing Section 9.5-256 to 9.5-271;. creating a new Section 9.5-256, Tier Overlay District; Providing criteria for designation of tier boundaries for Big Pine and No Name Key; Providing a mechanism for Tier Overlay District Map Amendments; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation in the Monroe County Code of Ordinances; Directing the Planning and Environmental Resources Department to transmit a copy of this Ordinance to the Florida Department of Community Affairs; and Providing for an effective date. There was no public input. 10/ 19/2005 2005/256 Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 029-2005 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider a Resolution transmitting to the Florida Department of Community Affairs the request by Candus Andrus, Richard and Ann Buckholz, and Frederick Zydeck to amend the Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan for the following properties from Residential Conservation (RC) to Residential Medium (RM). The properties are physically located on Trinidad Road and are legally described as Block 1, Lots 1, 2, 3, and 4 Breezeswept Beach Estates, PB4-143, Ramrod Key, Monroe County, Florida. The Real Estate numbers are, 00200790.000000, 00200800.000000, 00200810.000000 and 00200820.000000, at approximately mile marker 27.5. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. RESOLUTION NO.390-2005 Said Resolution is incorporated herein by reference. A Public Hearing was held to consider an Ordinance to amend the Monroe County Land Development Regulations to create a definition for Master Planned Community, in Section 9.5-4(1VI-6.1), eliminate certain obsolete and superfluous provisions of Section 9.5-231 and provide an exception to the Development Review Procedures and Requirements for large scale, Master Planned Communities, providing that all conditional uses within a Master Planned Community of greater than 100 acres are reviewed and approved in accordance with the criteria and procedures for permitted as of right uses; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation in the Monroe County Code of Ordinances. There was no public input. Mr. McGarry discussed the item with the Board. Motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 030-2005 Said Ordinance is incorporated herein by reference. Motion was made by Commissioner Rice and seconded by Commissioner Neugent that the following Public Hearing items be continued to the November 16, 2005 Board meeting: Consideration of an Ordinance amending the Monroe County Land Development Regulations Sections 9.5-4, 9.5-124, 9.5-235, 9.5-352, 9.5-354 and 9.5-355 revising and clarifying parking provisions and related regulations. Consideration of proposed amendments to Section 9.5-233 Urban Residential district (UR), 9.5-234 Urban Residential -Mobile Home district (URM), 9.5-236 Sub Urban Residential district (SR), 9.5-237 Sub Urban Residential district (Limited) (SR-1) , 9.5-238 Sparsely Settled district (SS), 9.5-239 Native Area district (NA) , 9.5-241 Offshore Island district (OS), 9.5-242 Improved Subdivision district (IS); 9.5-242.5 Improved Subdivision district -Vacation Rental district (IS-V), to implement Policies 101.4.1, 101.4.2, 101.4.3 and 101.4.4 which grandfather - P 10/19/2005 2005/257 nonresidential uses in certain residential land use districts that were rendered nonconforming by the 2010 Comprehensive Plan. Consideration of an ordinance to create Section 9.5-123.1 and revise Section 9.5-4 and Section 9.5-266 (Affordable Housing) of the Monroe County Land Development Regulations. Consideration of an Ordinance amending Sections 9.5-292(e)(4) and (f)(2) of the Monroe County Code, surface water management criteria. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida &4q4t� Isabel C. DeSantis, Deputy Clerk