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12/21/2005 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 2005/279 Regular Meeting Board of County Commissioners Wednesday, December 21,2005 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 AM., at the Marathon 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; Suzanne Hutton, 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. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Years of Service Award for 30 years of service to Monroe County to Jack Julien, Superintendent, Solid Waste Management, Public Works Division. COMMISSIONERS' ITEMS A Presentation was made to Habitat for Humanity of Key West and Lower Florida Keys, Inc. Bill Lowey addressed the Board. The Board recognized numerous volunteers from Habitat for Humanity for their extensive and dedicated service to Monroe County. RESOLUTION NO. 424-2005 Said Resolution is incorporated herein by reference. The Board recognized Bill Smith, Executive Director of the Florida Keys Contractors Association. Mr. Smith introduced Elena Gardner, as the new Executive Director. 12/21/2005 2005/280 BULK APPROVALS . Motion was made by Commissioner Nelson and seconded by Commissioner Spehar granting approval of the following items by unanimous consent: Board granted approval and authorized execution of a Contract Renewal between Monroe County and Birds of Paradise Cleaning Service to provide janitorial services at the Florida Keys Marathon Airport, at a rate of $258. 78 per week. Board granted approval to ratify Emergency Purchase Order 8732 issued on November 18,2005, to G.S.A Contractor Maryland Industrial Trucks, Inc. for a 2006 V ACTOR sewer cleaning truck. Board granted approval and authorized execution of the First Amendment to License Agreement between Monroe County and Nextel South Corp. granting additional space at the Key West Courthouse for installation of a generator and supporting equipment. Board granted approval and authorized execution of a Consent to Assignment of Lease between Monroe County and Tropical Watersports, LLC, Assignee, to lease a portion of Higgs Beach for the purpose of operating a watersports business. Board granted approval and authorized execution of a Consent to Assignment .0fLease between Monroe County and Tropical Sailboats, Inc., Assignor, and Tropical Watersports, LLC, Assignee, to lease a portion of Higgs Beach for the purpose of renting beach chairs and umbrellas to the public. Board granted approval of the new Florida Keys Marathon Airport Security Expenditure Plan for 2005/2006 at the total cost of$557,934.00. Board granted approval and authorized execution of a Lease Extension Agreement between Monroe County and Republic Parking System, Inc. for Parking Lot Management at the Key West International Airport. Board granted approval to terminate the Parking Lot Lease Agreement between Monroe County and Hyatt & Hyatt for parking at the Key West International Airport. Board granted approval ofFY 2006 Rates and Charges study for the Key West International Airport, to become effective December 1, 2005. Board granted approval to terminate the month-to- month holdover Lease between Monroe County and the National Weather Service at the Key West International Airport, effective November 30,2005. 12/21/2005 2005/281 Board granted approval of Republic Parking System's Operating Budget, for Parking Lot Management at the Key West International Airport, for the period November 1, 2005 through October 31,2006, revised November 14, 2005. Board granted approval to begin skycap/baggage handling service on an experimental basis at the Key West International Airport. Board granted approval to award bid and authorized execution of a Contract between Board of County Commissioners District 6 of Monroe County and Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles, including semiannual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. Board granted approval to issue a Purchase Order to American Lafrance MedicMaster in the amount of$159,326.00 for the purchase of one 2007 Sterling Type I Ambulance by piggybacking the Florida Sheriffs Association and Florida Association of Counties vehicle/equipment bid contract (05-06-0823) Specification #02. 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 10/04/05 -11/01/05. Board granted approval ofa Purchase Order in the amount of$25,000 to MBI/K2M Architecture for Professional Services to redesign the Higgs Beach Pier. Board adopted the following Resolutions concerning Transfer of Funds, Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No.1). RESOLUTION NO. 425-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 426-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 427-2005 Said Resolution is incorporated herein by reference. Amending Resolution No. 408-2005 (OMB Schedule Item No.4). RESOLUTION NO. 428-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 429-2005 12/21/2005 Said Resolution is incorporated herein by reference. Amending Resolution No. 370-2005 (OMB Schedule Item No.6). RESOLUTION NO. 430-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 431-2005 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 371-2005 (OMB Schedule Item No.8). RESOLUTION NO. 432-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 433-2005 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 368-2005 (OMB Schedule Item No. 10). RESOLUTION NO. 434-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 435-2005 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 374-2005 (OMB Schedule Item No. 12). RESOLUTION NO. 436-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 437-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 438-2005 Said Resolution is incorporated herein by reference. Amending Resolution No. 403-2005 (OMB Schedule Item No. 15). RESOLUTION NO. 439-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 440-2005 Said Resolution is incorporated herein by reference. 2005/282 12/21/2005 Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 441-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 442-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 443-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 444-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 445-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 446-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule item No. 23). RESOLUTION NO. 447-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 448-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 449-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 450-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 451-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). 2005/283 12/21/2005 RESOLUTION NO. 452-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 453-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30)^ RESOLUTION NO. 454-2005 Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 455-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 456-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 457-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 34). RESOLUTION NO. 458-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 459-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 36). RESOLUTION NO. 460-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 461-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 38). RESOLUTION NO. 462-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 39} RESOLUTION NO. 463-2005 Said Resolution is incorporated herein by reference. 2005/284 12/21/2005 Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 464-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 41). RESOLUTION NO. 465-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 466-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 43). RESOLUTION NO. 467-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 468-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 45). RESOLUTION NO. 469-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 470-2005 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 378-2005 (OMB Schedule Item No. 47). RESOLUTION NO. 471-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 472-2005 Said Resolution is incorporated herein by reference. Amending Resolution No. 440-2004 (OMB Schedule Item No. 49). RESOLUTION NO. 473-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 474-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). 2005/285 12/21/2005 RESOLUTION NO. 475-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 52). RESOLUTION NO. 476-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 53). RESOLUTION NO. 477-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 54). RESOLUTION NO. 478-2005 Said Resolution is incorporated herein by reference. Rescinding Resolution No. 120-2005 (OMB Schedule Item No. 55). RESOLUTION NO. 479-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 56). RESOLUTION NO. 480-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 57). RESOLUTION NO. 481-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 58). RESOLUTION NO. 482-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 59). RESOLUTION NO. 483-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 60). RESOLUTION NO. 484-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 61). RESOLUTION NO. 485-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 62} RESOLUTION NO. 486-2005 2005/286 12/21/2005 2005/287 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 63). RESOLUTION NO. 487-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 64). RESOLUTION NO. 488-2005 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 65). RESOLUTION NO. 489-2005 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 66). RESOLUTION NO. 490-2005 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Addendum between Monroe County and Adjusters International to update the On-Call FEMA Grant Management Services to provide services to the county to maximize FEMA funding for declared disasters, and to expedite the process and retain obligated funds during project closeouts and FEMA audits. Board authorized the Mayor to execute the Certificate of Acceptance of Subgrant Award for the Criminal History Record Improvement - Livescan Program (06-CJ-B-II-54-01-289), using funds provided under the Byrne State and Local Law Enforcement Formula Grant, for the period from September 1, 2005 through August 31,2006. Board granted approval and authorized execution of an Agreement between Monroe County and the Monroe County Sheriffs Office, using funds provided under the Edward Byrne State and Local Law Enforcement Formula Grant, for the purchase of one Livescan fingerprint unit. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Guidance Clinic of the Middle Keys by substituting the Baker Act and Marchman Act contract document dated October 1, 2005 as Attachment D in place of the contract document dated September 15, 2005. Board granted approval and authorized execution of Modification No. 001 to Contract No. 05EA-5K-II-54-01-019 between Monroe County and Florida Department of Community Affairs, concerning Low Income Home Energy Assistance Program funds. Board granted approval and authorized execution of a Standard Coordination/Operator Contract between Monroe County and the Community Transportation Coordinator, the Guidance Clinic of the Middle Keys for the Contract year 1/1/2006 - 12/31/2006. 12/21/2005 2005/288 Board granted approval and authorized execution of a Commercial Lease between Key West HMA, Inc. d/b/a Lower Keys Medical Center as temporary facility for Bayshore Manor residents. Board granted approval and authorized execution of Amendment No. 004 to OAA Contract No. AA-529 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County CommissionerslMonroe County Social Services, to extend the existing Older Americans Act Contract by three months to March 31,2006. Board granted approval and authorized execution of the State of Florida Commission for the Transportation Disadvantaged Medicaid Non-Emergency Transportation (NET) Program Subcontracted Transportation Provider Agreement between Monroe County and the Monroe County Community Transportation Coordinator, Guidance Clinic of the Middle Keys for Contract period of 11/1/2005-6/30/2006 to provide fee-for-service for Medicaid Non-Emergency Transportation as a Subcontracted Transportation Provider. Board granted approval of an application for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration for Financial Assistance to purchase two transportation buses and approval for the Mayor to sign the Grant Application, other Application Documents, and adopted the following Resolution for same. RESOLUTION NO. 491-2005 Said Resolution is incorporated herein by reference. Board granted approval to solicit and advertise Requests for Bids and/or Proposals (RFB/RFP) for permanent repairs of hurricane damages for various projects at the Florida Keys Marathon Airport, including the terminal facility, appurtenances, accessory structures, shade hangars and T -hangars. Board granted approval for Mayor to sign title transferring County Vehicle No. 0910-081 to insurance company. This vehicle has been declared a total loss by the insurance company due to Hurricane Wilma on October 24,2005. Board granted approval for County Administrator to sign insurance release documents to obtain reimbursement of insurance for Lower Keys Animal Shelter. Board granted approval for Bank of America to provide a Purchasing Card Program for Monroe County BOCC employees. Bank of America is the state contact for purchasing card programs. Board granted approval to rescind the Lease Agreement between Monroe County and Hillsborough Center Associates, LLC for office space at 3 100 B Flagler Avenue, and granted approval and authorized execution of a Commercial Lease Agreement between Monroe County 12/21/2005 2005/289 and Hillsborough Center Associates, LLC for office space for the 16th Judicial Circuit Drug Program, pending landlords approval. TOURIST DEVELOPMENT COUNCIL Board adopted the following Resolution transferring Catastrophic/Emergency funds to generic and district Advertising Emergency Funds retroactive to November 1, 2005. RESOLUTION NO. 492-2005 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Marathon Hospitality Association, Inc. to revise dates of Agreement for the Hibiscus Pedal to January 14-16, 2006 due to Hurricane Wilma. Board granted approval and authorized execution of a Turn Key Events Agreement between Monroe County and Upper Keys Community Pool, Inc. covering The Official Orange Bowl Winter Training and Swimming Event during December 2006 - January 2007 in an amount not to exceed $30,000, DAC V, 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 Big Pine Key Nautical Flea Market on January 21,2006 in an amount not to exceed $5,000, DAC II, FY 2006 Event Resources. Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and MedievalFest, Inc. covering the Florida Keys Medieval Festival on January 6-8,2006 in an amount not to exceed $8,625, DAC II, FY 2006 Event Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Key West Art & Historical Society to revise dates of the production of the In Their Own Words, The History of Key West, 1822-1940 between October 1,2005 and September 30,2006 in an amount not to exceed $23,000, FY 2006 Two Penny Cultural Umbrella Resources. Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and The Key West Pops, Inc. covering the revised dates of the Key West Pops Orchestra between October 2005 and March 2006 in an amount not to exceed $8,760, FY 2006 Two Penny Cultural Umbrella Resources. DIVISION OF GROWTH MANAGEMENT Board granted approval of a request by Overseas Lumber Supply Inc., for a floodplain variance to Section 9.5-317(3)b.(i) in order to construct a 3,852 square foot CBS open storage 12/21/2005 2005/290 building (no garage doors) below base flood elevation at Overseas Lumber Supply, 30500 Overseas Highway, Big Pine Key. Board accepted the written Growth Management Litigation Report dated December 7, 2005 from Derek Howard, Esq., of the firm Morgan & Hendrick. Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County, the Florida Department of Transportation and the Department of Financial Services; a Locally Funded Agreement (LF A) between Monroe County and the Florida Department of Transportation; and, adopted the following Resolution approving a Locally Funded Agreement (LF A) with the Florida Department of Transportation (FDOT) to complete high resolution digital true color and color infrared aerial orthophotography for the land area of the Florida Keys. RESOLUTION NO. 493-2005 Said Resolution is incorporated herein by reference. SHERIFF'S DEPARTMENT Board granted approval of the following request for expenditures from the Law Enforcement Trust Fund in the total amount of $28,000: $25,000 Take Stock in Children to establish a matching challenge grant as part ofa fundraising activity to be used at 100% to purchase Florida Prepaid scholarships for qualified economically disadvantaged students in Monroe County Schools. $ 3,000 County. Toys for Tots to provide Christmas toys for the needy families in Monroe COMMISSIONERS' ITEMS Board granted approval of Mayor McCoy's item concerning the authorization to waive the $250.00 permit extension fee for Barry Wade due to Hurricane Wilma. COUNTY CLERK Board granted official approval of the Board of County Commissioners minutes from the October 12 & 19,2005 meetings (previously distributed). Board granted approval of the following Warrants (119417 - 120626 & 208976 _ 209144): General Fund (001), in the amount of$2,739,733.45; Fine & Forfeiture Fund (101), in the amount of$6,176,816.00; Road and Bridge Fund (102), in the amount of$189,930.88; TDC District Two Penny (115), in the amount of$348,486.70; TDC Admin. & Promo 2 Cent (116), in the amount of$403,256.74; TDC District-t, 3 Cent (117), in the amount of $273,450.49; TDC District 2, 3 Cent (118), in the amount of$6,005.84; TDC District 3,3 12/21/2005 2005/291 Cent (119), in the amount of $26,086.27; TDC District 4, 3 Cent (120), in the amount of $75,497.49; TDC District 5, 3 Cent (121), in the amount of$105,852.42; Gov. Fund Type .Grants (125), in the amount of$2,591,917.53; Fire & Amb Dist 1 L&M Keys (141), in the amount of$138,589.20; Upper Keys Health Care (144), in the amount of$923.73; Fire & Amb Dist 6 Key Largo (146), in the amount of$74,644.35; Uninc Svc Dist Parks & Rec (147), in the amount of $62,996.04; Plan, Build, Zoning (148), in the amount of$189,049.04; Municipal Policing (149), in the amount of $1,010,477.27; 911 Enhancement Fee (150), in the amount of$26,196.41; Duck Key Security (152), in the amount of$II,342.77; Local Housing Assistance (153), in the amount of$22,434.78; Boating Improvement Fund (157), in the amount of$38,251.44; Misc. Special Revenue Fund (158), in the amount of $117,852.44; Law Enforcement Trust (162), in the amount of $4,030.39; Marathon Municipal Service (166), in the amount of$8,641.85; Bay Point Wastewater MSTU (168), in the amount of$305.03; Big Coppitt W stewater MSTU, in the amount of $0.11; Key Largo Wastewater MSTU (170), in the amount of$128,139.12; 1 Cent Infra Surtax (304), in the amount of$284,246.54; 2003 Revenue Bonds (307), in the amount of$57,377.83; Card Sound Bridge (401), in the amount of$5,959.72; Marathon Airport (403), in the amount of$165,448.47; Key West IntI. Airport (404), in the amount of$670,008.14; MSD Solid Waste (414), in the amount of$I,195,354.97; Worker's Compensation (501), in the amount of$177,358.97; Group Insurance Fund (502), in the amount of$198,099.26; Risk Management Fund (503), in the amount of$31, 125.14; Fleet Management Fund (504), in the amount of$179,775.84; Fire & EMS LOSAP Trust Fund, in the amount of$7,290.00. Board granted approval of Tourist Development Council Expenditures for the month of November, 2005: Advertising, in the amount of$334,191.26; Bricks & Mortar, in the amount of $311,185.99; Visitor Information Services, in the amount of $91,749.96; Events, in the amount of $99,581.99; Office Supplies & Oper Costs, in the amount of$27,138.81; Personal Services, in the amount of$112,590.34; Public Relations, in the amount of$I13,861.46; Sales & Marketing, in the amount of$105,041.84; Telephone & Utilities, in the amount of$30,963.62; Travel, in the amount of$12,030.78. Board granted approval to remove surplus equipment from inventory via disposal. Said inventory listing is incorporated herein by reference. COUNTY ADMINISTRATOR Board granted approval and authorized execution of Lease Agreements for Temporary Employee Housing for Monroe County employees who suffered significant damage to their primary residences due to Hurricane Wilma. Board adopted the following Resolution authorizing use of Promotional Fund Account and setting forth guidelines. RESOLUTION NO. 494-2005 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a Lease Agreement between Monroe 12/21/2005 2005/292 County and Claude Haloiva, the Verizon Building for temporary housing for those affected by Hurricane Wilma. Board granted approval and authorized execution of Contracts with Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 for Unit 1, covering Emergency Medical Technician, Paramedic, Firefighter/EMT, Firefighter/Paramedic, and Airport Rescue Firefighter and for Unit 2, covering Battalion Chief, Shift Captain! Airport Rescue Firefighter, and Fire Rescue Captain^ Board directed the County Administrator to take full advantage of available FEMA Hazard Mitigation Grant Program monies for eligible Monroe County applicants as a result of Federal Disaster Declaration for Hurricane Wilma Board granted approval and authorized execution of an Addendum to the Lease Contract between Monroe County and Lazy Days R V Center, Inc. for the lease of 8 travel trailers to make available to County employees affected by Hurricane Wilma. COUNTY ATTORNEY Board adopted the following Resolution authorizing the County Administrator to allow recreational vehicles, travel trailers and mobile homes as temporary shelter on County owned property for residents displaced from their homes by Hurricane Wilma and exempting this temporary shelter from the prohibition against camping on county owned property. RESOLUTION NO. 495-2005 Said Resolution is incorporated herein by reference. Board granted approval of payment to Lomurro, Davison, Eastman & Munoz, P.A. for professional legal services rendered by Robert S. Bonney, Jr., Esq. to James Roberts, former County Administrator, in United States of America v. James Hendrick retroactive to September 1, 2005. Board granted approval of Settlement Agreement in B.O.c.c. v. Virginia Sawyer, CA K 03-1506. Board granted approval and authorized execution of an Agreement for Special Services between Monroe County and Currie Sowards Aguila Architects, as the new Architects to complete the construction of the Freeman Justice Building based upon the recommendation of the County Engineer. Board granted approval of Settlement Agreement concerning Monroe County v. Post Buckley, Shuh & Jernigan, Case No. 95-402-CA-01. Motion carried unanimously. 12/21/2005 2005/293 MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an Extension of Insurance Consultant Agreement (renewal) between Monroe County and Interisk Corporation to provide Risk Management, Employee Benefits and Workers Compensation consulting services. Motion carried unanimously. The following public speaker addressed the Board concerning the approval of a second-year Contract with Preferred Governmental Claims Solutions (PGCS) for third party administration of the Workers Compensation program, the current contract expired September 30,2005: Stuart Kessler. County Administrator, Tom Willi and Assistant County Attorney, Suzanne Hutton addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent to table the item to the next Board meeting. During discussion, the motion was withdrawn. Motion was then made by Commissioner Spehar and seconded by Commissioner Rice to defer the item to Staff for further review and bring back to the January meeting of the Board. Motion carried unanimously. COUNTY ADMINISTRATOR Executive Director of the Monroe County Land Authority, Mark Rosch discussed a request to waive any rights of the County with respect to the sale of property located in Marathon, Florida, Parcel No. 00337330-000000. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar authorizing the waiver. Motion carried unanimously. AIRPORT Airports Director, Peter Horton addressed the Board and introduced Mike Thompson, of URS who made a presentation regarding the Marathon Airport Master Plan. After the presentation, motion was made by Commissioner Rice and seconded by Commissioner Nelson to formerly request that the Federal Aviation Administration (FAA) conduct an Aeronautical Study that examines the feasibility of relocating Runway 7/25,40 feet north. The FAA should investigate the option of relocating the runway without the trimming or removal of environmentally sensitive vegetation and wetlands, subject to 95% FAA funding and 2 1/2% FDOT funding. Motion carried unanimously. ENGINEERING Linda Johnston, representing the Florida Department of Transportation made a presentation regarding the Tentative Five-Year Work Program for Fiscal Year 2006 thru 2011. After the presentation, motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval of the Five-Year Work Program for Fiscal Year 2006 thru 2011. Motion carried unanimously. * * * * * * 12/21/2005 2005/294 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, and Commissioner Dixie Spehar, Absent was Councilman John Cromartie and Chairman Kevin M. Madok. Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval and authorizing execution of Amendment Number 1 to the Agreement between the Board of Governors Fire and Ambulance District 1 and Roy Khanna for maintenance of Fire Rescue vehicles (Ambulances), amending Section 6 in order to eliminate the requirement for Contractor to provide a copy of original parts supplier invoices for all parts under $200.00. Motion carried unanimously, with Councilman John Cromartie and Chairman Kevin M. Madok absent. Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval to award bid and authorized execution of an Agreement between the Board of Governors Fire and Ambulance District 1 and Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles, including semiannual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. Motion carried unanimously, with Councilman John Cromartie and Chairman Kevin M. Madok absent. Board granted approval to purchase five (5) MSA Evolution 5200 Thermal Imaging Cameras and accessories from Ten 8 Fire Equipment, Inc., the designated supplier ofMSA equipment in the State of Florida, at a purchase price of$43,987.50, and approval to issue a Purchase Order to Ten-8 Fire Equipment, Inc. for same. Motion carried unanimously, with Councilman John Cromartie and Chairman Kevin M. Madok absent. 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. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to waive Monroe County's Purchasing Policies and Procedures for the purchase five (5) MSA Evolution 5200 Thermal Imaging Cameras and accessories from Ten 8 Fire Equipment, Inc., the designated supplier ofMSA equipment in the State of Florida, at a purchase price of $43,987.50, and approval to issue a Purchase Order to Ten-8 Fire Equipment, Inc. for same. Motion carried unanimously. 12/21/2005 2005/295 County Engineer, Dave Koppel addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Rice granting approval of the issuance of a Purchase .Order in the amount of$25,000 to MBI/K2M Architecture for Professional Services to redesign the Higgs Beach Pier, with the following correction: Page 2, SCHEDULE Consultant shall complete the project as dictated by the Client. The project will be submitted to permitting authorities by end of Dceemecr February 2006. Motion carried unanimously. The following public speaker addressed the Board concerning approval to excavate the end of Crane Boulevard on SugarloafKey and use the fill at SugarloafSchool Park and Big Pine Key Park: HT. Pontin, representing Ramrod Key Yacht Club. Mr. Koppel addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. Commissioner Neugent requested that Mr. Koppel and himself hold a public meeting at the school to discuss this matter with the residents. COUNTY ATTORNEY The Board accepted the written December 2005 Litigation Report. Mr. Shillinger also discussed status of 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. W ASTEW A TER ISSUES Report on status of Stock Island Wastewater hookups: Bill Barry, spokesperson for KW Resort Utilities, Corp. presented a report entitled Special year end Stock Island EDU connection report, dated December 21, 2005. County Administrator Tom Willi discussed wastewater issues with the Board. Attorney Tim Koenig addressed the Board. COMMISSIONERS' ITEMS Commissioner Spehar discussed her item concerning a request from Bounty Fisheries, Inc. to enter into a Development Agreement with Monroe County and the Florida Department of Community Affairs under Chapters 163 and 380, Florida Statutes, and, if appropriate, to provide direction to staff, was continued to the January 2006 Board meeting in Key West. DIVISION OF GROWTH MANAGEMENT A resolution directing Staff to work with the Florida Fish and Wildlife Conservation (FWC) and request rulemaking to prohibit anchoring of masted vessels in the vicinity of the power lines in Pine Channel The following public speakers addressed the Board. HT. Pontin, representing Ramrod Key Yacht Club and Vern Pokorski, representing the Big Pine Key Civic Association. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. 12/21/2005 2005/296 RESOLUTION NO. 496-2005 Said Resolution is incorporated herein by reference. SOUNDING BOARD Kris Duska addressed the Board concerning the continuing non release of building permits for Big Pine Key. No official action was taken. DIVISION OF GROWTH MANAGEMENT Carolyn A. Dekle, Executive Director of the South Florida Regional Planning Council and James F. Murley, Director of the Center for Urban & Environmental Solutions Florida Atlantic University made a presentation concerning the 'Marine Management Plan'. Marine Resources Director, George Garrett addressed the Board. COMMISSIONERS' ITEMS The Board discussed approval to designate County funds to purchase a generator and install required electrical wiring for the Marathon shelter of last resort at Marathon High School. Marathon City Manager, Mike Puto; School Board Member, Andy Griffiths; and Neils Hubbell, Vice-President ofHeery International, Inc. addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval of the item contingent upon a partnership with the City of Marathon. Motion carried unanimously^ Commissioner Rice excused himself from the meeting. PUBLIC HEARINGS The second of two required Public Hearings was held to consider an Ordinance amending Sections 9.5-233 Urban Residential District (UR), 9.5-234 Urban Residential Mobile Home District (URM), 9.5-236 Sub Urban Residential District (SR), 9.5-238 Sparsely Settled District (SS), 9.5-239 Native Area District (NA), and 9^5-242 Improved Subdivision District (IS) of the Monroe County Code to implement Policies 101.4. 1, 101.4.3, 101.4.4 of the Comprehensive Plan; Providing for Severability; Providing for the repeal of all Code Provisions and Ordinances inconsistent with this Ordinance; Providing for inclusion in the Monroe County Code of Ordinances; Providing for the transmittal of this Ordinance to the State Department of Community Affairs; and Providing for an effective date upon approval of this Ordinance by the State Department of Community Affairs. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Nelson to adopt the following Ordinance. Motion carried unanimously, with Commissioner Rice not present. ORDINANCE NO. 034-2005 Said Ordinance is incorporated herein by reference. Commissioner Rice entered the meeting and took his seat. 12/21/2005 2005/297 A Public Hearing was held declaring that an emergency exists and waiving notice by a four-fifths vote concerning the consideration of an Ordinance by the Board of County . Commissioners of Monroe County, Florida, authorizing an extension of discounts for owners of property in Monroe County as follows: 4% in January, 3% in February, 2% in March. Motion was made by Commissioner Nelson and seconded by Commissioner Neugent to approve the Ordinance. Mr. Willi, Ms. Hutton, and Clerk of Court, Danny Kolhage addressed the Board. After consideration, the motion was withdrawn by the maker. Motion was then made by Commissioner Neugent and seconded by Commissioner Nelson to deny the Ordinance. Roll call vote was unanimous. COMMISSIONERS' ITEMS Commissioner Nelson discussed his item concerning approval to replace Grid Maps 15 and 27 to be in conjunction with current development orders and Planning Commission recommendations. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval of the item. Roll call vote was unanimous. STAFF REPORTS Airports - Airports Director, Peter Horton announced the following date for the groundbreaking ceremony at the new McCoy Terminal Complex and Special Needs Shelter at the Key West International Airport: Monday, January 16, 2006, commencing at 10:00 A.M. Engineering - County Engineer, Dave Koppel discussed the status of the following hurricane related items: Hurricane debris removal - the final sweep of all debris is scheduled to be completed tomorrow in unincorporated Monroe County; Haulout is continuing from the temporary reduction sites located at mile markers 22 & 25 and those sites are expected to be cleared out by the end of January; removal of Marine debris is scheduled to begin the first part of next year. Mr. Koppel then discussed status of the following construction projects: Freeman Justice Center building is continuing; Big Pine Key Fire Station - bid opening is scheduled for February 15, 2006; Big Pine Key Park demolition is moving ahead; Big Coppitt Park - bid opening is scheduled for February 22,2006; Duck Key Recreational Pathway - front end document specifications have been completed; and Stock Island Fire Department - has not been able to move ahead due to loss of an assistant county engineer. Mayor Spehar requested status of Keys Federal Credit Union - Stock Island road abandonment (land swap); Commissioner Rice discussed the french wells at Duck Key; Commissioner Neugent discussed his concern with the Level of Service on Big Pine Key. Mr. Koppel addressed the Board on each item. Budget & Finance Division Director, Sal Zappulla discussed status of the Emergency Bridge Loan. Mr. Zappulla presented the Board with a Hurricane Summary document. 12/21/2005 2005/298 DMSION OF GROWTH MANAGEMENT The Board discussed a Contract between Monroe County and the firm of Berryman and Henigar to complete a boundary survey of property associated with the boat ramp on Card Sound Road near the toll plaza for the purposes of transferring said property from the state to the County. Mr. Garrett addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of the document. Motion carried unanimously. Growth Management Director, Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution to provide an exception to the policy of deferring the acceptance and processing of development applications and issuing of development approvals for the redevelopment or conversion often units or more of multi- family rental housing and or more mobile home parks. Motion carried unanimously. RESOLUTION NO. 497-2005 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Mayor McCoy discussed his item concerning approval to designate areas where citizens may transport and deposit storm debris at no cost to them. Public Works Director, Dent Pierce and Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 498-2005 Said Resolution is incorporated herein by reference. Commissioner Nelson discussed his item concerning approval to request that State Representative Sorensen use all resources available during the upcoming legislative year to remove Monroe County from State Critical Concern. The following public speaker addressed the Board: Joan Manges. Assistant County Attorney Suzanne Hutton addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice to respond to the request from State Representative Sorenson that the BOCC support his efforts which removes Monroe County from the area of State Critical Concern with the premise that the posture of the support between the County and the State remains intact so that there is not an abrupt alteration of the understanding and agreements we have with the State of Florida. Motion carried unanimously. Commissioner Nelson gave an update concerning proposed Affordable Housing projects totaling 418 units. 12/21/2005 Revision * 2005/298 DIVISION OF GROWTH MANAGEMENT The Board discussed a Contract between Monroe County and the firm of Berryman and Henigar to complete a boundary survey of property associated with the boat ramp on Card Sound Road near the toll plaza for the purposes of transferring said property from the state to the County. Mr. Garrett addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval and authorizing execution of the document. Motion carried unanimously. Growth Management Director, Tim McGarry addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Resolution to provide an exception to the policy of deferring the acceptance and processing of development applications and issuing of development approvals for the redevelopment or conversion of ten units or more of multi- family rental housing and or more mobile home parks. Motion carried unanimously. RESOLUTION NO. 497-2005 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Mayor McCoy discussed his item concerning approval to designate areas where citizens may transport and deposit storm debris at no cost to them. Public Works Director, Dent Pierce and Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 498-2005 Said Resolution is inco~porated herein by reference. Commissioner Nelson discussed his item concerning approval to request that State Representative Sorensen use all resources available during the upcoming legislative year to remove Monroe County from State Critical Concern. The following public speaker addressed the Board: Joan Manges. Assistant County Attorney Suzanne Hutton addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice to respond to the request from State Representative Sorenson that the BOCC support his efforts which removes Monroe County from the area of State Critical Concern with the premise that the posture of the support between the County and the State remains intact so that there is not an abrupt alteration of the understanding and agreements we have with the State of Florida. Motion carried unanimously. RESOLUTION NO. 493A-2005 Said Resolution is incorporated herein by reference. * Commissioner Nelson gave an update concerning proposed Affordable Housing projects totaling 418 units. 12/21/2005 2005/299 Commissioner Neugent discussed his item concerning approval of a request for support of the Board of County Commission to direct Staff of the Marine Resource Department to research and report to BOCC the cost of providing canal cleanup and maintenance by county personnel or from the private sector on an annual basis and provide a defining! definition of the scope of service that would produce a canal management /maintenance program. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. The following public speaker addressed the Board: H. T. Point, representing Ramrod Key Yacht Club. COUNTY ADMINISTRATOR The Board wished Commissioner Rice Happy Birthday. Mr. Willi and the Board then discussed Legislative requests for inclusion in Monroe County's legislative agenda for the 2006 Session. Mr. Willi discussed allowing County employees 1/2 day off on Friday, December 23, 2005 for the Christmas Holiday. The Board approved the request. Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval and authorizing execution of a Consulting Agreement between Monroe County and Commonwealth Consulting Corporation for continuing consulting services. Motion carried unanimously. The Board discussed the 2006 appointments of Commissioners to various duties. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson granting approval of the Fiscal Year 2006 Commissioners' Appointments to various duties. Said final documents are incorporated herein by reference. Motion carried unanimously^ Commissioner Nelson excused himself from the remainder of the meeting. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval to waive Monroe County's Purchasing Policies and Procedures and authorizing execution of a Consulting Agreement between Monroe County and Langton Associates, Inc. This approval is requested to clarify the previously approved Contract with Langton Associates, Inc. to write grants and apply for governmental funding. Motion carried unanimously, with Commissioner Nelson not present. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of a newly created position of Project Manager to report directly to the County Administrator. Motion carried unanimously, with Commissioner Nelson not present. PUBLIC HEARINGS The first of one required Public Hearing was held concerning approval of an Ordinance creating Section 9.5-4 (C-23,l), (D-15.1), (F-13.1), (L9.1), (L9.2), (L-9.3), (M-14.1), (0-7.1), (Y-l), (Y-2), (Y-3), and (Y-4), Definitions amending Section 9.5-352(b), Section 9.5-352(c), Section 9.5-352(d), Section 9.5-352(e), Section 9.5-352(i), 9.5-3520), Required off-street parking; Amending Section Sections 9.5-353(c), Parking Agreements; Amending 9.5-354(a), 9.5-354(b); Creating Section 9.5-354(c), Required number and size of off-street loading spaces; 12/21/2005 2005/300 Amending Section 9.5-355, Restriction on use of parking and loading spaces; Monroe County Code; 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. Motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously, with Commissioner Nelson not present. ORDINANCE NO. 035-2005 Said Ordinance is incorporated herein by reference. The first of two required Public Hearings was held concerning an Amendment to Monroe County Code Section 9.5-4 (C-13.1), (C-13.2), (C-23.1), (M-14.1), (0-7.1) and (S-I1.1) Definitions; Amending Section 9.5-4 (C-14) Definitions; Amending Section 9.5-124(b) Definitions; Deleting Section 9.5-235(a)(8), Sub Urban Commercial (SC) Monroe County Code; 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. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue the following items to the January 18, 2006 BOCC meeting at the Harvey Government Center in Key West: A Public Hearing to consider 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. The Planning Department is requesting that this item be continued to the January 18, 2006 Board of County Commissioner's meeting at the Harvey Government Center in Key West because the Planning Commission is still considering this item. A Public Hearing to consider an ordinance amending the land use district text and maps by creating Section 9.5-260.3, Monroe County Code, which establishes a new land use district overlay: the Big Pine and No Name Keys Formula Retail Overlay District and adopts by reference the Big Pine and No Name Keys Formula Retail Overlay District Map. The Planning Department is requesting this item be continued until the January BOCC since the time between the Planning Commission meeting and the Board meeting is too short for the substantive issues that need to be considered^ 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 CommissionersgMonroe County, Florida 12/21/2005 .J2aLJ('. 44?1~ Isabel C. DeSantis, Deputy Clerk 2005/301