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03/15/2006 Regular 03/15/2006 2006/48 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 15, 2006 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Murray E. Nelson, Commissioner George R. Neugent, Commissioner David P. Rice, Commissioner Dixie M. Spehar and Mayor Charles "Sonny" McCoy. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; Interim Suzanne Hutton, 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 Neugent and seconded by Commissioner Nelson granting approval of Additions, Corrections, and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS Presentation of Mayor's Proclamation of the month of March, 2006 as Seagrass Awareness Month. BULK APPROVALS Motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval of the following items by unanimous consent: Board granted approval and authorized execution of the Employee Assistance Program Renewal Agreement for one year between Monroe County and the Mental Health Care Center of the Lower Keys Inc., D/B/A Care Center for Mental Health and waiver of policy requiring going out for bid for one additional year. Board granted approval to accept proposal from Arthur 1. Gallagher & Company to provide Liability Insurance for Bayshore Manor with Lantana Insurance Company at a cost of $16,307. 03/15/2006 2006/49 Board granted approval of Gardens of Eden to continue Landscape Maintenance Services at the Key West International Airport on a month to month basis, pending an extension of agreement. Board granted approval and authorized execution of Public Transportation Supplemental Joint Participation Agreement No.3, Contract No. ANl03, between Monroe County and the Florida Department of Transportation for additional funds for Security Requirements at the Key West International Airport. Board granted approval to pay KAWA Construction invoice, in the amount of $62,746. 19 for emergency repairs to hangars at the Key West Airport, for damage caused by Hurricane Wilma. Board granted approval of the inclusion of paragraph 8.4.1 concerning paramedic certification and compensation in the Agreement between Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 for Unit 2 and Monroe County Board of County Commissioners approved by the Board on December 15, 2005, and substituting page 25 in the Agreement. Board granted approval and authorized execution of a Memorandum of Agreement for Participating Miami Urban Area Security Initiative (VAS I) Grant Program IV Agencies between Monroe County and the City of Miami whereby Monroe County participants in an Office of Domestic Preparedness Grant in the amount of$15,828,322 of which Monroe County will receive $156,320. Board adopted the following Resolution authorizing the conveyance of Lot 22, Block D, Puerta Del Sol Subdivision in Marathon to the Habitat for Humanity of the Middle Keys Community Land Trust, Inc. for the purpose of providing affordable housing. RESOLUTION NO. 110-2006 Said Resolution is incorporated herein by reference. Board granted approval to modifY the competitive bid process and issue a Purchase Order to sole source vendor Siemens Building Technologies, Inc. in the amount of $58,750 to replace stand-alone control units with modular building controllers for the Building Automation System serving the Monroe County Detention Center, Sheriffs Administration Building and the Juvenile Justice Center. Board granted approval to award bid and authorized execution of an Agreement between Monroe County and Master Mechanical Services, Inc. for the central air conditioning maintenance and repair for the Upper Keys Facilities. Board granted approval and authorized execution of a Commercial Lease-Florida between Monroe County and OPMI, Inc. for approximately 1,918 square feet of office space in the Upper Keys for Family Court Programs' staff and Drug Court Program staff 03/15/2006 2006/50 Board granted approval and authorized execution of a Lease Amendment between Momoe County and Nancy Curran d/b/a Yoga on the Beach to waive fees for the three months Higgs Beach was closed due to Hurricane activity (October, November and December 2005), as the yoga platform was partially destroyed. Board granted approval to modifY the competitive bid process and issue a Purchase Order to David Lee Roofing in the amount of$40,959.00 for the emergency repair of the Key Largo Library roof damage by Hurricane Wilma. Board granted approval and authorized execution of Contract No. 06EA-3M-11-54-0l-0l9 between Monroe County and the Florida Department of Community Affairs, regarding Low Income Home Energy Assistance Program (LIHEAP) funds. Board granted approval and authorized execution of Modification #5 to Disaster Relief Funding Agreement #01UN-6P-11-54-l5-007, Project #1249-30 between Momoe County and the Department of Community Affairs, Division of Emergency Management, increasing the funding by an additional $24,793.00. Board granted approval Modification of Contract for existing Agreement #06BG-04-ll-54-0l-098 between Momoe County, Florida and the Florida Department of Community Affairs (DCA), increasing the original base grant amount by $29,703 and authorization for the Senior Director of Emergency Management to execute the acceptance document. Board granted approval of the report on Change Orders reviewed by the County Administrator for the period 01/30/06 - 02/28/06. Board granted approval and authorized execution of an Amendment to Agreement, DRC File #DRC-Ol-C-110 between Monroe County and DRC. Inc. for disaster recovery services relating to Hurricane Wilma. Board adopted the following Resolutions concerning the Transfer of Funds, Receipt of Unanticipated Funds, and Amending: Amending Resolution No. 338-2005 (OMB Schedule Item No.1). RESOLUTION NO. 111-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 112-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 113-2006 Said Resolution is incorporated herein by reference. 03/15/2006 Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 114-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.5). RESOLUTION NO. 115-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 116-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.7). RESOLUTION NO. 117-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.8). RESOLUTION NO. 118-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 119-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 120-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 121-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 122-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 123-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 124-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). 2006/51 03/15/2006 2006/52 RESOLUTION NO. 125-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 126-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 127-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 128-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 19). RESOLUTION NO. 129-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 20). RESOLUTION NO. 130-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 131-2006 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of a State of Florida / Bank of America Visa Purchasing Card Application with Bank of America for purchasing card services, using the State of Florida contract, in accordance with the provision set forth in FL Statute 287.056 (1). Board granted approval and authorized execution of Letter dated February 22, 2006 from Don Carter, Senior Manager ofKPMG LLP concerning an Addendum to Cost Allocation Engagement Letter Dated July 21, 2004 to increase the Contract in the amount of$17,640 for KPMG to update the Fiscal Year 2003 and 2004 Full Cost Allocation Plans and the OMB A-87 Cost Allocation Plan. Board granted approval and authorized execution of a Contract Renewal for Financial Advisory Services between Monroe County and Public Financial Management, Inc. (PFM), financial advisor to Monroe County. Board granted approval of Award of Bid for the 2006 Food Service Meal Catering; and authorized execution of Contract (Agreement) for Food Service for the Monroe County Nutrition Program and Bayshore Manor Adult Living Facility between Monroe County BOCC and G. A. Food Service, Inc. for a period of nine-months beginning April 1, 2006 and ending December 31, 03/15/2006 2006/53 2006, with option to renew for two consecutive years, through contract amendment beginning on January 1, 2007. Board granted approval to modifY the competitive bid process and issue a Purchase Order to Classic Carpet in the amount of$30,038.00 for replacement carpeting at the Sheriff's Administration Building on Stock Island due to water intrusion damage caused by Hurricane Wilma. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Construction Manager, The Morganti Group, Inc. being entered into as a modification to the County's purchasing policies under the emergency provisions of the County Code for the hurricane damage repair of the Florida Keys Marathon Airport. Board granted approval and authorized execution of Contract AA-629 between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Momoe Counties) and the Momoe County Board of County Commissioners/Monroe County Social Services to enable Momoe County to continue providing services to Monroe County's elderly population under the Older American's Act Program; and adopted the following Resolutions concerning funds to set up program budget. RESOLUTION NO. 132-2006 RESOLUTION NO. 133-2006 RESOLUTION NO. 134-2006 RESOLUTION NO. 135-2006 Said Resolutions are incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL Board granted approval and authorized execution of an Agreement between Momoe County and Performing Arts Centers of Key West, Inc. covering the Tennessee Williams Theatre 2005-2006 Season for the production of Jazz in Paradise: Key West-Boston Jazz Connection and Ann Hampton Callaway in Concert during March 2006 in an amount not to exceed $7,000 FY 2006 Two Penny Cultural Umbrella Resources. Board granted approval to advertise a Request for Proposals for Professional Advertising Agency Services for Monroe County Tourist Development Council. Board granted approval to advertise a Request for Qualifications for a Monroe County Cultural Umbrella. The contract will provide for a non-for-profit organization to act as a County Cultural Umbrella to make recommendations to the Tourist Development Council (TDC) and the Board of County Commissioner (BOCC) concerning funding for Tourism related Cultural activities for Monroe County. Board granted approval and authorized execution of an Amendment to Agreement between Momoe County and Diversified Services of Key West, Inc. to exercise option within the 03/15/2006 2006/54 contract to extend agreement for an additional two (2) year period to provide janitorial services at 1201 White Street, Suite 102, Key West. Board granted approval and authorized execution of a Turnkey Event Agreement between Momoe County and Classic Sports Events, Inc., covering the Islamorada Classic Women's Basketball Tournament in an amount not to exceed $40,000 DAC IV, FY 2006 Event Resources. Board granted approval and authorized execution of an Agreement between Momoe County and the Islamorada Chamber of Commerce, Inc., for the production of the Florida Keys Holiday Festival on December 1-2, 2006 in an amount not to exceed $25,000 DAC IV, FY 2006 Event Resources. Board granted approval of the nomination of Chris Santa by the Florida Keys Council of the Arts (FICA) as Cultural Umbrella Representative. Board granted approval and authorized execution of an Amendment to Agreement between Momoe County and the City of Marathon to extend the Community Park Phase III project to acquire land for the purposes of constructing an aquatic center to September 30, 2006. DIVISION OF GROWTH MANAGEMENT Board adopted the following Resolution concurring with the sale of surplus Florida Department of Transportation right-of-way adjacent to 000000000000000000000000 1 at approximately MM23, Oceanside, Cudjoe Key. RESOLUTION NO. 136-2006 Said Resolution is incorporated herein by reference. Board granted approval and authorized execution of an Amendment to the Interlocal Agreement between Monroe County and the City of Marathon to off-set the costs of vessel waste pump-out within the City limits. Board adopted the following Resolution supporting the passage of House Bill 4783, the "Permanent Protection of Florida Act of 2006" whose purpose is to protect Florida from the potential impacts of oil and natural gas exploration and production along our Florida Coast and directing Staff to provide said Resolution to Florida's Governor and Cabinet, the State's Congressional Delegation, and the sponsors of House Bill 4783, and any similar legislation developed in the United States Senate. RESOLUTION NO. 137-2006 Said Resolution is incorporated herein by reference. MONROE COUNTY SHERIFF DEPARTMENT Board granted approval of a request from the Sheriff' Office to act as Jurisdiction 03/15/2006 2006/55 Designee for the Bulletproof Vest Partnership Program. Board granted approval of the following expenditures the from Law Enforcement Trust Fund, in the total amount of$18,652: $15,000 $ 1,000 $ 2,652 Monroe County Youth Challenge Program Coral Shores High School Project Graduation Keys Graphics COMMISSIONERS' ITEMS Board granted approval of Mayor McCoy's appointment of Leigh Esby, Chief of Staff of the Florida Keys National Marine Sanctuary and National Oceanic and Atmospheric Administration, to the Momoe County Marine and Port Advisory Committee. Board adopted the following Resolution urging the Florida Department of Transportation to take immediate action to make substantial improvements to mitigate the effects of hurricane vulnerability to US Highway One at Sea Oats Beach; Requesting the support of all municipalities within Monroe County; Providing for distribution of this Resolution; and Providing for an effective date. RESOLUTION NO. 138-2006 Said Resolution is incorporated herein by reference. Board granted approval of Commissioner Rice's reappointment ofMr. Tom Neville to the Duck Key Security District Advisory Board. Board adopted the following Resolution supporting efforts to protect Florida from offshore drilling and exploration. RESOLUTION NO. 139-2006 Said Resolution is incorporated herein by reference. Board granted approval to request Staff to arrange a joint meeting of the County Commission and the City Councils of all municipalities in the Florida Keys to address coordination of affordable housing issues. COUNTY CLERK Board granted official approval of the BOCC meeting minutes from the Regular Meeting ofJanuary 18,2006 and Special Meetings ofJanuary 25,2006 and February 10, 2006- (previously disbursed). Board granted approval ofTDC expenditures for the month of February, 2006, as follows: Advertising, in the amount of $629,384.42; Bricks & Mortar, in the amount of$138,909.62; 03/15/2006 2006/56 Visitor Information Services, in the amount of$21,083.32; Events, in the amount of$45,868.87; Office Supplies & Oper Costs, in the amount of$12,607.37; Personal Services, in the amount of $133,220.65; Public Relations, in the amount of$81,351.51; Sales & Marketing, in the amount of $33,473.80; Telephone & Utilities, in the amount of$12, 134.28; Travel, in the amount of $12,086.78. Board granted approval of the following Warrants (100171 - 100272 & 500818-501947): General Fund (001), in the amount of$I,851,508.52; Fine & Forfeiture Fund (101), in the amount of$93,704.08; Road and Bridge Fund (102), in the amount of $709,901.40; TDC District Two Penny (115), in the amount of $279,734.83; TDC Admin. & Promo 2 Cent (116), in the amount of $434,470.38; TDC District 1,3 Cent (117), in the amount of $237,560.14; TDC District 2, 3 Cent (118), in the amount of $22,878.82; TDC District 3, 3 Cent (119), in the amount of$13,913.91; TDC District 4, 3 Cent (120), in the amount of $57,991.94; TDC District 5, 3 Cent (121), in the amount of$73,965.82; Gov. Fund Type Grants (125), in the amount of$I,082,397.01; Impact Fees Parks & Rec (131), in the amount of$6,298.80; Fire & Amb Dist 1 L&M Keys (141), in the amount of$159,970.97; Upper Keys Health Care (144), in the amount of$56,007.75; Fire & Amb Dist 6 Key Largo (146), in the amount of$55,606.55; Uninc Svc Dist Parks & Rec (147), in the amount of$45,721.98; Plan, Build, Zoning (148), in the amount of$444,861.27; Municipal Policing (149), in the amount of$12, 153.61; 911 Enhancement Fee (150), in the amount of$25,336.14; Duck Key Security (152), in the amount of $3,920.17; Local Housing Assistance (153), in the amount of $122,552.96; Boating Improvement Fund (157), in the amount of$9,467.65; Misc. Special Revenue Fund (158), in the amount of$16,473.25; Environmental Restoration (160), in the amount of $340.00; Marathon Municipal Service (166), in the amount of$4,237.89; Bay Point Wastewater MSTU (168), in the amount of$I,000.84; Key Largo Wastewater MSTU (170), in the amount of $2,949.22; 1 Cent Infra Surtax (304), in the amount of $368,462.93; Clerk's Rev Note, Capital (306), in the amount of$69,144.87; 2003 Revenue Bonds (307), in the amount of $13,707.29; Card Sound Bridge (401), in the amount of $5,438.72; Marathon Airport (403), in the amount of $62, 134.49; Key West IntI. Airport (404), in the amount of $857,295.88; MSD Solid Waste (414), in the amount of$I,508,728.68; Worker's Compensation (501), in the amount of$60,716.96; Group Insurance Fund (502), in the amount of $264,002.68; Risk Management Fund (503), in the amount of$60,941.89; Fleet Management Fund (504), in the amount of $120,402.49; Fire & EMS LOSAP Trust Fund (610), in the amount of$510.00. Board granted approval to remove surplus equipment from inventory via disposal. Said inventory listing is incorporated herein by reference. Board adopted the following Resolution concerning the Receipt of Unanticipated Funds, Clerk's Revenue Note, #306. RESOLUTION NO. 140-2006 Said Resolution is incorporated herein by reference. Board adopted the following Resolution authorizing Staff to proceed with accepting land 03/15/2006 2006/57 management responsibilities for certain Conservation and Natural Area lands to be State of Florida. RESOLUTION NO. 141-2006 Said Resolution is incorporated herein by reference. Board granted approval to rescind the Addendum to Agreement approved by the BOCC on June 15, 2005 between Momoe County and the State of Florida Department of Health for the operation of the Momoe County Health Department. Board adopted the following Resolution that amends Resolution No. 359a-2005- authorizing the submission of a grant application to Florida Department of State, Division of Library and Information Services (FDLIS), Public Library Construction Grants (PLCG) - to meet additional specific Fiscal Year 2006 application requirements that the County assure and lor certifY the following: dollar for dollar cash match, sufficient funding availability to complete project, sufficient funding to operate completed library, use of building as a library for at least 20 years, and compliance with local and state laws governing construction contracts procured by governmental entities. RESOLUTION NO. 142-2006 Said Resolution is incorporated herein by reference. Board granted approval to rescind Second Addendum to the contract with Lazydays RV Center, Inc. approved February 15,2006 and approval of revised Second Addendum to Contract for the cleaning, inspection, relocation and reinstallation of trailers to correct scrivener's errors and include additional language to section (3) requested by Lazydays RV Center, Inc. COUNTY ATTORNEY Board granted approval and authorized execution of a Settlement Agreement in Momoe County v. Jeffrey B. Meyer and Douglas Meyer and Thomas Meyer, Case No. M7-96-218. Board granted approval and authorized execution of a Settlement Agreement in Board of County Commissioners v. Roger M. Bernstein, Miriam Bernstein, and Jordan Bernstein, collectively and individually as Trustees of Safe Harbor Marine Railway Corporation, a dissolved Florida Corporation, Case No. CAK 05-732. Board granted approval of modification of County purchasing policy for purchase of Builder's Risk Insurance through Marsh USA in the amount of $40,000 and the purchase Windstorm Insurance from Citizen's in the amount of$21,987 for the Murray Nelson Government Center. Board granted approval and authorized execution of a Standard Legal Services Agreement between Monroe County and Ira Libanoff, Esq. to defend the County in Tropex Construction Services, Inc. v. Monroe County, 2006-CA-44-P. 03/15/2006 2006/58 Board granted approval and authorized execution of an Interlocal Agreement (ILA) between Monroe County and the City of Marathon for incorporation of a county library in the new City offices building. Board granted approval to advertise a Notice of Request for Qualifications for legal counsel to provide advisory services to and attend meetings ofthe Tourist Development Council. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS Interim County Attorney, Suzanne Hutton and Airports Director, Peter Horton addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval for Judy Bobick (Ace Building Maintenance, GF AS) to continue Janitorial Service at the Key West International Airport, on a month-to-month basis, pending an extension agreement. During discussion, the motion was amended to include language that authorizes the County Attorney to go out for Requests for Proposals (RFP), as soon as possible, if proof of insurance is not provided. Motion carried unanimously. Mr. Horton addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Spehar granting approval and authorizing execution of an Air Service Development Agreement between Monroe County and Gulfstream International Airlines to provide Air Service to the Florida Keys Marathon Airport. Motion carried unanimously. Fire Chief Clark O. Martin, Jr. addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Neugent granting approval to create three (3) new positions to allow one flight qualified paramedic to be assigned to Trauma Star at the hangar for each 24-hour shift. Motion carried unanimously. COUNTY ADMINISTRATOR Georgette Carroll, representing Carroll Consulting, Inc., and Linda Long made a presentation before the Board on the status and progress of the Sterling Process. County Administrator, Tom Willi addressed the Board. EMERGENCY SERVICES Fire Chief Clark O. Martin, Jr., addressed the Board and then introduced Gus Pego, Director of Operations with the Florida Department of Transportation who made a presentation before the Board showing the protocol used for road infrastructure after an Emergency Event (major traffic accident, oil spill, hurricanes, etc.) The Board also discussed the Camera Poles and Signs being erected throughout US-l in Monroe County, erosion of Sea Oats Beach in Matecumbe Key and the C-905 curve on Card Sound Road in Key Largo. 03/15/2006 2006/59 MISCELLANEOUS BULK APPROVALS Mr. Horton addressed the Board. After discussion, motion was made by Commissioner Nelson and seconded by Commissioner Rice granting approval to add two additional positions to the Airport Department. Motion carried unanimously. Public Works Director, Dent Pierce addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Nelson to request that the YMCA commit to a volunteer list and, deny approval of an Amendment to Agreement between Momoe County and Upper Keys Family YMCA commencing March 25,2006, and ending May 14, 2006, to include operation and management of the new Skate Park located at Key Largo Community Park, and approval of Resolution transferring funds. Interim County Attorney, Suzanne Hutton addressed the Board. After consideration, Commissioner Spehar withdrew her motion. Motion was then made by Commissioner Nelson and seconded by Commissioner Rice to approve the amendment and resolution. Motion carried unanimously. RESOLUTION NO. 142A-2006 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Steve Burgess, Insurance Consumer Advocate, made a presentation before the Board on progress in dealing with the increased windstorm rates. Cindy DeRocher and Marilyn Tibis, representing Fair Insurance Rates In Monroe County (FIRM) addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner to adopt the following five (5) Resolutions: Resolution of the Board of County Commissioners of Monroe County setting forth actions to be taken to address windstorm insurance rates. RESOLUTION NO. 143-2006 Said Resolution is incorporated herein by reference. Resolution of the Board of County Commissioners of Monroe County requesting use of hurricane reconstruction sales tax to relieve a proposed increase in windstorm insurance rates. RESOLUTION NO. 144-2006 Said Resolution is incorporated herein by reference. Resolution of the Board of County Commissioners of Monroe County recommending specific reductions to citizens windstorm insurance rates of actual costs. RESOLUTION NO. 145-2006 Said Resolution is incorporated herein by reference. 03/15/2006 2006/60 Resolution of the Board of County Commissioners ofMomoe County setting forth actions to be taken to address windstorm insurance rates. RESOLUTION NO. 146-2006 Said Resolution is incorporated herein by reference. Resolution of the Momoe County Board of County Commissioners requesting that the Governor provide immediate relief from windstorm rate increases for residents of Monroe County. RESOLUTION NO. 147-2006 Said Resolution is incorporated herein by reference. Motion carried unanimously. The following individual addressed the Board concerning increased windstorm rates: Joanie Nelson. COUNTY ATTORNEY Motion was made by Commissioner Rice and seconded by Commissioner Nelson granting approval and authorizing execution of a Consent to Assignment between Momoe County and Paradise Aviation, Inc., Assignor and Cristal Clear FBO, LLC, Assignee. Motion carried unanimously. COMMISSIONERS' ITEMS The following individuals addressed the Board concerning a response to the Concerned Citizens ofthe Florida Keys Statement and request made at the January 16,2006 BOCC meeting: Gordon West, representing the SugarloafProperty Owner's Association & Concerned Citizens of the Florida Keys; David Williamson, representing the Duck Key Property Owner's Association; and Kathryn Wheeler, representing the Big Pine Key Civic Association. Each Commissioner gave their response. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar that workshops be held in the Lower, Middle, and Upper Keys with the Concerned Citizens of the Florida Keys to discuss particular issues. Motion carried unanimously. Commissioner Nelson discussed his item for approval to reduce a $400,000.00 fine imposed by a Special Master on the South Florida Boy Scout Council. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Nelson to waive the fine. Ms. Hutton addressed the Board. After further discussion, the motion was amended with the maker accepting for the Boy Scouts to pay the exact legal fees incurred by Monroe County, no more/no less, in the amount of $500.00 Roll call vote was unanimous. Mayor McCoy excused himself from the meeting for the remainder of the day. 03/15/2006 2006/61 PUBLIC HEARINGS A Public Hearing was held to consider the adoption of an Ordinance of the Board of County Commissioners of Monroe County, Florida providing for a Purchase of property to be developed for the establishment of affordable and employee housing; Providing for the future development of such housing; Providing for severability; Providing for repeal of inconsistent provisions; Providing for incorporation in the Monroe County Code; Providing for an effective date. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance, as revised by the County Attorney. Said revision, as follows: Section 3. In addition to any agreement entered into by the County for the development of affordable or employee housing as described in Section 2 above the County MtltH mav develop by resolution procedures to implement the Purchase and Development Program terms of this ordinance, including (i) an application process whereby a property owner may apply for consideration by the County for purchase and development under the Purchase and Development Program, (ii) a mechanism for providing reasonable public notice of the opportunity to participate in the Purchase and Development Program, (iii) the criteria by which projects will be accepted for the Purchase and Development Program; (iv) monitoring of income eligibility and implementation of rental rate and purchase price restrictions for units at the property, (v) timelines for when the lease of acquired property would commence; (vi) restrictions on the ability of an individual purchaser of a leasehold interest in such property to sell his or her interest; (vii) the implementation of administration fees for the ongoing operation and monitoring of said project; and (viii) such other provisions as will further the provision of affordable and employee housing in the County mav be prescribed in the Purchase and Sale and Lease Back Agreements between the Countv and the selling entity. Roll call vote was unanimous, with Mayor McCoy not present. ORDINANCE NO. 005-2006 Said Ordinance is incorporated herein by reference. Commissioner Rice excused himself from the meeting. A Public Hearing was held to consider the adoption of an Ordinance amending Chapter 3, Monroe County Code; Providing clarification of authority of animal control officers and of other provisions of Chapter 3; Providing for rabies vaccinations offerrets and changing required ages of cats and dogs to be vaccinated; Providing penalties enforceable by code violation prosecution for dangerous and vicious dogs; Providing for prohibitions against abandonment of animals and chaining of dogs; Providing for requirement of spaying or neutering of cats and dogs; Providing for exemptions and establishing criteria and process to obtain an exemption from requirement for spay and neuter of dogs and cats; Providing an incentive for permanent identification; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. The County Attorney addressed the Board and offered the following amendments: 03/15/2006 2006/62 Page 10 (C) (3) Anv animals voluntarilv relinquished to the animal control shelter bv their owners for disposition (not boarding). need not be kept for the minimum period of 3e. ell (7) ar tell (0) five (5) davs before release or disposal of the animal bv the animal control officer. Delete the following: Page 29 Sec. 346-28. Number of dogs, tlIltl cats and ferrets restricted. ill No person fIIlIY shall own. possess. shelter. keep. or harbor more than four (4) d6ft1eMie !IIlimab dogs. cats or ferrets over four (4) months of age at anv one time. at anv one residence or address 61l1lfi) premises, unless the ~ animals are held in a veterinarv medical facilitv or government operated or licensed animal protection shelter or 3ix (6) illl'lnths elr ) 6111l!!;er, .lita6t1t elperiltillg a dtIl) licensed kennel. catterv or pet shop. Motion carried unanimously, with Mayor McCoy and Commissioner Rice not present. ORDINANCE NO. 006-2006 Said Ordinance is incorporated herein by reference. Commissioner Rice returned to the meeting and took his seat. A Public Hearing was held to consider an Ordinance to amend Chapter 9.5-22 of the Land Development Regulations regarding the terms and selection of appointed Planning Commissioners, limiting the terms of vacancy, expanding the field of qualified candidates and their geographic locations, as well as a deletion of term limitations. Interim County Attorney, Suzanne Hutton addressed the Board: The Board accepted public input with the following speakers addressing the Board: Dennis Henize and Kathryn Wheeler. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance, Option # 1 : An Ordinance of Monroe County, Florida, amending Chapter 9.5 entitled "Land Development Regulations" by amending Section 9.5-22; Prel.iding ta!lt tae teffll6feaea Plalllling C6mmi33ioft member in effie, Deeen-mer J 1, 2005 3h.all expire December J 1 6fthe )eM in nhieh tile member's teRn expires; Establishing that after January 1, 2006, vacancies shall be filled by nomination by the Commissioner of the District who made the appointment for the current vacant position; requiring approval by a vote of three members of the County Commission; Providing new effective dates for appointments; Allowing candidates with experience from the business community and other local industry; Providing for nomination by the Mayor under certain conditions; Prel .icling felr lInif61'f1l term d!lt<:3; Allowing removal of a Planning Commissioner only by vote of at least three members of the County Commission; Establishing that Planning Commissioners serve at the pleasure of the Board of County Commissioners; Eliminating term limits; Providing for excused absences; Providing for severability; Providing for repeal of inconsistent provisions; Providing for inclusion in the Monroe County Code of Ordinances; Providing for filing with the Secretary of State; Providing for an effective date. Roll call vote was unanimous, with Mayor McCoy not present. 03/15/2006 2006/63 ORDINANCE NO. 007-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adopting an Ordinance amending the Momoe County Land Development Regulations to revise environmental regulations by deleting Sections 9.5-336,9.5-337,9.5-338,9.5-339.1,9.5-339.2, 9.5-339.3, 9.5-340, 9.5-341, 9.5-342, and 9.5-343 to eliminate requirements pertaining to the Existing Conditions Map and Habitat Evaluation Index (HEI); Creating new Section 9.5-336 to require an Existing Conditions Report, including vegetative survey as part of Development Application approval; creating new Section 9.5-337 to enhance protection of upland vegetation through Grant of Conservation Easements; creating new Section 9.5-338 that incorporates existing open space requirements for wetlands; Revising Section 9.5-347 to provide for maximum clearing limits of native upland vegetation based upon the Tier System designation ofthe subject property; Providing for specific vesting provisions; 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. The Board accepted public input with the following speakers addressing the Board: Dennis Henize, and Joan Borel, representing World Wildlife Fund. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Rice to adopt the following Ordinance. Roll call vote was unanimous, with Mayor McCoy not present. ORDINANCE NO. 008-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adopting an Ordinance amending the Monroe County Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System by revising Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through 9.5-140 [Rate of Growth Ordinance (ROGO)] and revising Section 9.5-266 [Affordable and Employee Housing]; Providing evaluation criteria, point system, and procedures utilizing the Tier Overlay as the basis for the ROGO System; Providing special evaluation criteria, point system, and procedures for Big Pine and No Name Key based on Habitat Conservation Plan and Master Plan for Big Pine and No Name Key; Creating an appeal process for NROGO; Limiting affordable housing allocations to Tier III Areas; Providing for a 99 year restrictive covenant for affordable and employee housing; Providing authority for an eligible governmental or non-governmental entity to administer eligibility and compliance requirements of affordable housing regulations of behalf of the Planning and Environmental Resources Department; Providing for specific vesting provisions; 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. The Board accepted public input with the following speaker addressing the Board: Joan Borel, representing World Wildlife Fund. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous, with Mayor McCoy not present. 03/15/2006 2006/64 ORDINANCE NO. 009-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adopting an Ordinance amending Land Developments Regulations to implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System by amending Section 9.5-256, Tier Overlay District; Providing criteria for designation of tier boundaries; 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. The Board accepted public input with the following speakers addressing the Board: Lloyd A. Good, Jr., and Joan Borel, representing World Wildlife Fund. Commissioner Rice excused himself from the meeting for the remainder of the day. Interim County Attorney, Suzanne Hutton and County Administrator, Tom Willi addressed the Board. After discussion, motion was made by Mayor Pro Tern Nelson and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote was unanimous, with Commissioner Rice and Mayor McCoy not present. ORDINANCE NO. 010-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adopting an Ordinance amending the Monroe County Land Development Regulations by revising Sections 9.5-124 through 9.5-124.8 Non-Residential Rate of Growth Ordinance (NROGO) of the Monroe County Land Development Regulations utilizing the Tier Overlay as the basis for the competitive point system; Creating a separate NROGO System for Big Pine Key and No Name Key; Providing for specific vesting provisions; 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. The Board accepted public input with the following speakers addressing the Board: H. T. Pontin, and Margaret Jolly. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. ORDINANCE NO. 011-2006 Said Ordinance is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to table to the April 19, 2006 meeting of the BOCC in Key West a Public Hearing to consider an Ordinance to amend Section 9.5-4 and 9.5-266 of the Land Development Regulations regarding inclusionary housing requirements, providing for regulations regarding mobile home conversions and amending definitions. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. 03/15/2006 2006/65 A Public Hearing was held to consider adopting an Interim Development Ordinance deferring the acceptance of applications for allocation of building permits under the Residential Rate of Growth Ordinance (ROGO) until Land Development Regulations to implement Goal 105 of the 2010 Comprehensive Plan, the Tier Overlay System and the Tier Overlay District maps are in effect or until July 14, 2006, which begins a ROGO Quarter, whichever comes first. The Board accepted public input with the following speakers addressing the Board: Tom Weyant and Margaret Jolly. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Ordinance. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. ORDINANCE NO. 012-2006 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adopting an Ordinance amending the Monroe County Land Use District Map to include a Tier Overlay Map District designation on all land in unincorporated Monroe County in the Florida Keys between Key West and Ocean Reef designating boundaries for Tier I, Tier II, Tier III and Tier III-A (Special Protection Areas) as required in Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in proposed Section 9.5-256, Monroe County Code. Mayor Pro Tern Nelson read a statement, on behalf of Mayor McCoy, into the record. Jose' Papa, Capital Improvements Senior Administrator addressed the Board. The Board accepted public input with the following speakers addressing the Board: Margaret Jolly, and Richard Shine, representing the Florida Department of Community Affairs. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to continue the Public Hearing to the Special Board meeting scheduled for Friday, March 17, 2006 at the Harvey Government Center in Key West, 1 :00 P.M. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. A Public Hearing was held to consider adopting a Resolution directing Growth Management Division Staff to process amendments to the adopted Tier Overlay Map based on review of previous change requests. The Board accepted public input with the following speakers addressing the Board: H.T. Pontin, Lloyd A. Good, Jr.; Tom Rothdeutsch, and Margaret Jolly. Andrew Trivette, Sr. Biologist, and Interim County Attorney, Suzanne Hutton addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. RESOLUTION NO. 148-2006 Said Resolution is incorporated herein by reference. W ASTEW A TER ISSUES County Engineer, Dave Koppel and Senior Administrator of Wastewater Projects, Liz Woods discussed with the Board approval of the construction of a wastewater treatment plant on Rockland Key as the preferred treatment alternative for the Big Coppitt sewer area. The 03/15/2006 2006/66 following individuals addressed the Board: Bill Bany, representing KW Resort Utilities, Corp., and Jim Reynolds, Executive Director ofthe Florida Keys Aqueduct Authority. After discussion motion was made by Commissioner Spehar and seconded by Commissioner Neugent to postpone this item to the Regular Board meeting scheduled for April 19, 2006 at the Harvey Government Center in Key West. During further discussion, the second to the motion withdrew. Motion was then made by Commissioner Neugent and seconded by Mayor Pro Tern Nelson to move forward with site on Rockland Key. Roll call vote was unanimous, with Commissioner Rice and Mayor McCoy not present. COMMISSIONERS' ITEMS The Board discussed the following three (3) items: Commissioner Nelson's item concerning approval to direct Staff to continue to negotiate and forward to the Planning Commission for review and comment an Agreement with Overseas Redevelopment Company, LLC, to develop 49 moderate workforce homes in Stock Island to comply with county workforce housing requirements. Commissioner Nelson's item concerning approval to direct Staff to negotiate an Agreement with Islander Village, LLC, to construct an 89-unit workforce housing project on Stock Island. Islander Village, LLC, agrees to sell property to the county for 65% of appraised value ($2,024,750) for the right to construct the 89 units. Commissioner Nelson's item concerning approval to direct Staff to negotiate an Agreement with Park Village, LLC, to construct a 40-unit workforce housing project on Stock Island. Park Village, LLC, agrees to sell property to the county for 65% of appraised value ($1,690,000) for the right to construct 40 units. The following speakers addressed the Board: Tim Koenig, representing Overseas Redevelopment Co., LLC and Ed Swift. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval of the above three (3) items. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. Motion was made by Mayor Pro Tern Nelson and seconded by Commissioner Neugent to table Mayor McCoy's item concerning the discussion of the Seven Mile Bridge preservation options to the Special Board meeting scheduled for Friday, March 17, 2006 at the Harvey Government Center in Key West. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to table Mayor McCoy's item concerning the approval of appointments to the South Florida Workforce Board to the Special Board meeting scheduled for Friday, March 17, 2006 at the Harvey Government Center in Key West. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. 03/15/2006 2006/67 MISCELLANEOUS BULK APPROVALS Mr. Koppel and Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to rescind the contract with The Tower Group, Inc. approved by the BOCC on October 19, 2005, and approval to award a revised contract to The Tower Group, Inc. to serve as Advisor during design and general contractor for construction of the Murray E. Nelson Government and Cultural Center in Key Largo. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. TOURIST DEVELOPMENT COUNCIL Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the appointment of Beth Karch as an "At Large" appointment to the Tourist Development Council District I Advisory Committee. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the appointment of Tim Saunders as an "At Large" appointment to the Tourist Development Council District II Advisory Committee. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the appointment ofKym Collins as an "At Large" appointment to the Tourist Development Council District IV Advisory Committee. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. The Clerk announced the Tourist Development Council District IV Advisory Committee has one vacant position for an "At Large" appointment. STAFF REPORTS Mr. Koppel announced the Key Largo Skate would be holding a Grand Opening on March 25, 2006 at 12:00 noon and the public was invited. PUBLIC WORKS The Board discussed the management agreement with the Upper Keys Family YMCA for the Key Largo Community Park. The current agreement expires on May 14, 2006. Interim County Attorney, Suzanne Hutton addressed the Board. After discussion motion was made by Commissioner Neugent and seconded by Commissioner Spehar to continue under a new agreement with the Upper Keys Family YMCA. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. 03/15/2006 2006/68 GROWTH MANAGEMENT Motion was made by Commissioner Neugent and seconded by Commissioner Spehar accepting the Monroe County Marine Management Strategic Plan and direction to Staff to pursue policy development both internally and through policy experts as necessary; bring back to the Commission a 'No Net Loss' general policy and draft "no net loss" ofwaternonts ordinance; and to pursue development of a Marina Siting Plan. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. COMMISSIONERS' ITEMS The Board discussed Mayor McCoy's item concerning approval of a Resolution to remove 32763 Tortuga Lane and 32734 Bimini Lane on No Name Key from the Coastal Barrier System. Interim County Attorney, Suzanne Hutton addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following Resolution. Roll call vote was unanimous, with Commissioner Rice and Mayor McCoy not present. RESOLUTION NO. 149-2006 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR The Board accepted the written County Administrator Report dated March 2, 2006 - County Divisions' MontWy Activity Report for February, 2006. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of an Interlocal Agreement between Monroe County and the Florida Fish and Wildlife Conservation Commission authorizing a Gambian rat pilot eradication project on Crawl Key. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. COUNTY ATTORNEY The Board accepted the written March 2006 Litigation Report, dated March 10, 2006. Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar authorizing the County Attorney's Office to take all appropriate steps for the County to intervene on the side of the City of Marathon in Andrew and Donna Bott v. City of Marathon, CA M 05-267; in addition, iffor any reason should the county not be allowed by the court to intervene, the County is authorized to proceed to Petition to Amicus Curia or any appellate activity. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. 03/15/2006 2006/69 Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to advertise a Public Hearing for an Ordinance creating Section 13.5-5(q) ofthe Monroe County Code; Prohibiting skating in Key Largo Community Park except where posted; Providing for rules and regulations for the use of a skate board park; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. The Board discussed approval of a Contract with Interim County Attorney Suzanne Hutton through January 14,2007. Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of an Interim Employment Agreement. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to transfer the right-of-way on Conch Key back to the State of Florida Department of Transportation. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. Ms. Hutton addressed the Board concerning a presentation of a settlement offer in the matter of Helen & Gregor Emmert v. Monroe County, CA P 02-520. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to defer any action on this matter to the April 19, 2006 meeting of the BOCC in Key West. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. Assistant County Attorney, Jerry Sanders discussed with the Board direction to Staff with guidance in negotiating with the Department of Community Affairs and others with regard to the pending legislation to de-designate the Florida Keys as an Area of Critical State Concern. The following speakers addressed the Board: Debra S. Harrison, representing World Wildlife Fund; Joan Borel, Kathryn Wheeler, representing the Big Pine Key Civic Association; and Dennis Henize. This item was continued to the Special Board meeting scheduled for March 17, 2006 at the Harvey Government Center in Key West. The Board discussed approval for the Interim County Attorney to execute a Personnel Action Form and any other documents required to finalize cancellation of the County Attorney's contract. Ms. Hutton addressed the Board. The Clerk, indicated for the record, the total cost to the County would be $205,156.21. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the agenda item at a total cost to the County of $205, 156.21. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. Motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval and authorizing execution of an Agreement between Monroe County and Robert Nabors, Esq., of the firm Nabors, Giblin & Nickerson, P.A. to research and advise the County on the feasibility of the imposition of a work force housing mitigation fee and to draft an 03/15/2006 2006/70 Ordinance to impose the mitigation fee. The attorney may hire a consultant to perform empirical evaluations to support the fee and the ordinance. The consultant's fee is included in the total amount of$75,000 to be paid to the attorney. Motion carried unanimously, with Commissioner Rice and Mayor McCoy not present. 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 JkaiuJ}{}. Lt,S6~ Isabel C. DeSantis, Deputy Clerk